REPLEVIN.

Where the maker of a promissory

SCOTLAND.

note, payable twelve months after A child born in Scotland, before mar

notice, with interest, "for value received," became bankrupt before notice had been given :-Held, that the note was within the 7 Geo. 1, c. 31, and proveable under his commission. Clayton v. Gosling, E. 7 G. 4. page 110

PROVISO.

See LEASE.

QUO WARRANTO.

See CORPORATION.COSTS, 4.

RECTOR.

See HIGHWAY.

REGISTER.

See SETTLEMENT BY BIRTH.

REPLEVIN.

See VARIANCE.

1. The condition of a replevin bond
for prosecuting the plaint "with
effect," means prosecuting it "with
success," and, therefore, if a plain-
tiff in replevin fails, the bond is
broken, and the defendant is not
restrained from suing on the bond,
though he omits to sue out a writ
de retorno habendo, and cause
elongata to be returned thereon.
72
Perreau v. Bevan, E. 7 G. 4.
2. If the defendant in replevin elects
to proceed on the statute, 17 C. 2,
c. 7, he is not confined to his execu-
tion under that statute, but may
sue the sureties on the replevin
bond, or the sheriff in an action on
the case, for negligence in losing
the bond. Id.
ibid.
3. In replevin for taking a stranger's
cattle for rent in arrear, a plea, that
the cattle" were not levant and
couchant in the close in which,
&c.," is bad on demurrer, for not
shewing the circumstances under
which the cattle came upon the
close, so as to entitle them to be
privileged from distress. Jones v.
Powell, T. 7 G. 4.

416

riage, of parents domiciled there, and who afterwards marry there, cannot inherit lands in England. Doe dem. Birtwhistle v. Vardill, E. 7 G. 4.

SESSIONS.

page 185

See JUSTICES, 2.-PAVING.--TRANS

PORTATION.

SET-OFF.

A., a creditor of B., agrees to receive
his debt by instalments, of which C.
guarantees the payment. B., at
the same time, contracts to sell to
A. a quantity of bark, and delivers
a part, which A. never returns,
and then fails in his contract.
One day after the first instalment
becomes due, C. remits the amount,
less the price of the bark delivered,
to A., partly in bills, and partly in
bank notes; the receipt of which
A. acknowledges, and promises to
carry to the credit of B.'s account.
In an action by A., against B.,
the amount of the first instalment:
-Held, first, that B. was entitled
to set off the value of the bark de-
livered against A.'s demand; and,
second, that though A. was not
bound to accept the remittance,
yet, having accepted it, he had
waived all objection to it, and
could not maintain the action.
Shipton v. Casson, E. 7 G. 4.
130

for

SETTLEMENT, by Birth. The register of baptism is not, alone, sufficient evidence of the place of a person's birth. Rex v. North 325 Petherton, T. 7 G. 4.

SETTLEMENT, by Estate. Where a pauper contracted by parol for the purchase of a cottage and garden, at the price of 401., and having paid 307. on account, was let into possession without a conveyance; and after remaining in

possession for twelve months re-
sold the premises for the like
sum of 401., and having given up
possession, paid the original vendor
the 101. owing upon the purchase:
-Held, that the pauper did not
gain a settlement by the purchase
of an estate or interest under 9 Geo.
1, c. 7, s. 5. Rex v. Llantilio
Grossenney, T. 7 G. 4. page 320

SETTLEMENT, by Hiring and
Service.

Hiring for a year, with a stipulation
on the part of the servant, consent-
ed to by the master, that the former
shall have " during the year, two
or three days to see her friends," is
an exceptive hiring, and service
under it gains no settlement. Rex
v. Leamington Priors, T. 7 G. 4.
239

SHERIFF.

See GENERAL RULE. PRACTICE 3, 4, 12. SHERIFF'S OFFICER.VARIANCE, 1, 2.

fined to the fees to be taken of the party arrested, and does not extend to restrain the officer from suing for a reasonable compensation for work and labour at the hands of the party by whom he is employed. Second, that a sheriff's officer, expressly employed by an attorney to execute process, may maintain an action against the latter for such fees, &c., as are usually allowed on the taxation of costs by the course and practice of the Court, and is not bound to resort to the clients of the attorney; and, third, that the officer may sue for the sheriff's poundage upon levies, where he is accountable over to the sheriff. Foster v. Blakelock, E. 7 G. 4. page 49

SLANDER.

The words; "H.'s oath ought not to be taken, for he has been a forsworn man, and I can bring people to prove it; and they that know him, will not sit in the jury box with him;" are not actionable, per se. Hall v. Weedon. E. 7 G. 4. 140

SMUGGLING.

See COMMITMENT.

Where, in an action for a false re-
turn to a fi. fa., the sheriff (who
was not indemnified) proved that
the goods of the debtor were ab-
sorbed by a prior execution:-
Held, that the plaintiff might give
evidence to shew that the prior
execution was concocted in fraud,
it appearing that the sheriff had
paid over the money, in defiance
of notice to retain the proceeds in
his hands until the first execution STATUTES
was set aside; and, consequently,
that the sheriff was liable for his
misconduct, in lending himself to
the other party. Warmoll v. Young,
T. 7 G. 4.
442

SHERIFF'S OFFICER.

STAMP.

See EXECUTOR.

CITED OR COM MENTED ON.

Henry 6.

23. c. 9. Sheriff's Officer.

Elizabeth.

49

8. c. 8.

Costs.

226

In an action by a sheriff's officer for
his fees, and for work and labour 17. c.

27. c. 8.

7.

Replevin.

72

in executing divers writs:-Held, 29. c.

3.

s. 17. Frauds. 59, 611,

first, that the prohibition in the 29. c.

7.

Sunday.

204

statute, 23 Hen. 6, c. 9, against a

William 3.

sheriff's officer taking more than 8 & 9. c. 11. s. 8. certain fees upon an arrest, is con

Warrant of

Attorney. 424

782 VENDOR AND PURCHASER

WORK AND LABOUR.

WARRANT.

See COMMITMENT.-JUSTICES.

WARRANT OF ATTORNEY.

See BOND.-COGNOVIT.

that the word "said" might be rejected as surplusage. Perreau v. Bevan, E. 7 G. 4. page 72 2. Declaration in case, for a false return to a writ of fi. fa., stated "that plaintiff by the judgment of the Court recovered 397. 10s., adjudged to him for his damages by him sustained, as well by occasion of the not performing several promises, as for his costs," &c.; concluding with a prout patet per recordum. Upon production of the A public footway passed over a comjudgment it appeared, that a remit-mon, into and across a farm-yard,

titur had been entered as to all the
counts in the declaration except
the first, and that the damages
were awarded for the not perform-
ing the promise in that count men-
tioned only :--Held, a fatal vari-
Edwards v. Lucas, E. 7 G.

ance.

4.

98 3. Where baron and feme declared with A. jointly upon an agreement to demise lands to B., upon certain considerations thereunto moving, and averring the promises to the three, and it appeared in evidence that the agreement was entered into by an agent, for and on behalf ¿AMI. Il of the wife, and A. only:-Held, the dir a fatal variance, though the husband had received rent from the tenant, subsequent to the date of the agreement. Saunderson V. Griffiths T. 7 G. 4. 643 4. Count in the same declaration averring that the defendant was tenant to the three plaintiffs, and had agreed to farm the lands in a husband-like manner, and it appearing that the demise was only by two, and that the agreement was also, to keep the land con*stantly in grass :-Held, fatal variances. Id.

ibid.

VENDOR AND PURCHASER.

See EXCISE. FRAUDS, STATUTE
OF, 1, 2, 3, 4.

WASTE.

See LEASE, 8.

WAY.

into a public highway. A local act for enclosing the common, empowered commissioners to stop up roads over it, provided that they should not stop up any old road leading over other land not to be inclosed, without the concurrence of two magistrates. The commissioners stopped up the public footway over the farm yard, without the concurrence of two magistrates-Held, that the public right of way over the farm-yard was not extinguished, for the concurrence of two magistrates was necessary, under s. 8, of the General Inclosure Act, 41 Geo. 3, c. 109, in order to extinguish the public right of way over the new inclosure, as well as that over the old. Logan v. Burton, T. 7 G. 4. page 299

WILL.

See EVIDENCE.

WITNESS.

See EVIDENCE, 1, 3.

WORDS.
See SLANDER.

WORK AND LABOUR.

See SHERIFF'S OFFICER.