cover for the original debt. Williams v. Smith, E.59 G. 3. P.496 6. A bill of exchange, affected by usury, being in the hands of an innocent holder, the latter, on being informed of the usury, takes a fresh bill in lieu of it, drawn by one of the parties to the original usury, and accepted by a third person for the accommodation of the other party: Held that he cannot maintain an action against the acceptor of this substituted bill. Chapman v. Black, E.59 G.3. 588 7. To entitle the indorsee of an inland bill of exchange to recover interest from the drawer, it is not necessary to protest the same for non-payment. Windlev. Andrews, T.59 G. 3. 696 BOND. 1. A bond was given to the several persons constituting the firm of a banking-house, conditioned for the repayment of the balance of an account, and of such further sums as the bankers might advance to the obligor; one of the partners dies, and a new partner is taken into the firm; at that time a considerable balance is due from the obligor to the firm; advances are afterwards made by the bankers, and payments made to them on account by the obligor; the latter is credited by the new firm with the several payments, and charged with the original debt and subsequent advances as constituting items in one entire account, and the balance due at the time of the partner's death is considerably reduced, and that reduced balance, by order of the obligor, is transferred by the bankers to the account of another customer, who, with his assent, is charged with the then debt of the obligor. The person so charged having become insolvent, the surviving partners of the original firm brought their action upon the bond: Held, that as they had not originally treated it as a distinct account, but had blended it in the general account with other transactions, that they were not at liberty so to treat it at a subsequent period; and that having received in different payments a sum more than sufficient to discharge the debt due upon the bond at the time of the death of the deceased partner, that the bond was to be considered as paid. Quare, Whether the transfer of the balance due from the obligor to the account of another, with his assent, did not, in point of law, operate as payment. Bodenham v. Purchas, M.59 G.3. Page 39 2. A bond, with one surety only, taken by commissioners of taxes under the 43 G.3. c.99. s. 13., is not, therefore, void. The office of collector under that act of parliament is an annual office; and, therefore, when a bond, after reciting the appointment of H. W. to be collector under the act, was conditioned for the due collection by H. W. of the rates and duties at all times thereafter, it was held that the due collection of the rates for one year was a compliance with the condition of the bond. And although it appeared from the condition of the bond that H. W. and G. P. were both appointed collectors, it was held that such bond, being for the due collection by H. W. only, might be put in suit against the surety without first selling the goods of G. P. Peppin v. Cooper, E. 59 G. 3. 431 BOROUGH JUSTICES, See JURISDICTION, 1. · BRIDGE, BRIDGE, BURIAL, See MANDAMUS, 3. A canal act directed, that no boat navigating therein, which should not be capable of carrying a greater burden than twenty tons, or which should not have a loading of twenty tons on board, should be allowed to pass through the locks, unless on payment of tonnage equal to a boat of twenty tons: Held that this was not confined to boats carrying some loading, but that empty boats came within the meaning of the clause, and that for them toll was payable as on boats having a loading of twenty tons. Held, also, that the act having imposed different rates of toll on different goods carried along the canal, the tonnage on an empty boat was to be calculated at the lowest rate applicable to any species of goods. Hollinshead v. The Leeds and Liverpool Canal Company, M. 59 G. 3. Page 66 CARRIER. A carrier is liable for gross negligence, although the goods are above the value mentioned in his public notice, and although they are not specially entered and insured. Birkett v. Willan, H.59 G. 3. 356 1. The owner of land having, at his own A expence, built a chapel, which was used for the purpose of public worship, and the congregation having subscribed a sum of money for the purpose of enlarging and improving the same, he, in consideration that the money so subscribed should be expended for that purpose, demised the premises by lease for twentythree years, reserving a peppercorn rent, during his life, and 10%. per annum after his death. declaration of trust was afterwards executed by some of the lessees, declaring that they would hold the premises in trust for the congregation assembling at the chapel, and that in case the public worship should be there discontinued, then, that they would assign the premises for civil purposes: Held that this was a conveyance for the benefit of a charitable use, and, therefore, void within the 9 G. 2. c. 36. s. 1. Held, also, that neither the sum agreed to be expended on the premises, nor the rent reserved at the death of the lessor, could be considered a full consideration paid for the lease, so as to bring the case within the 2d section of that- statute. Held, also, that the declaration of trust, although executed only by some out of the several lessees, was evidence against all, of the purpose for which the lease was granted. Doe, Dem. Wellard, v. Hawthorn, M. 59 G. 3. Page 96 CHARTER-PARTY. By charter-party the freighter covenanted to pay to the owner freight at and after the rate of so much per ton per month, for the term of six months at least, and so in proportion for less than a month, or for such further time than six months as the ship might 3 H 3 be be detained in the service of the freighter, until her final discharge, or until the day of her being lost, captured, or last seen or heard of; such freight to be paid to the commander of the ship in manner following, viz. so much as might be earned at the time of the arrival of the ship at her first destined port abroad, to be paid within ten days next after her arrival there, and the remainder of the freight at specific periods: Held that this constituted one entire covenant, and that the arrival of the ship at her first destined port abroad was a condition precedent to the owner's right to recover any freight, and that the ship having been lost on her outward voyage, the owner was not entitled to recover freight at so much Page 17 captain, should be at the disposal of the freighter, who was to appoint a supercargo, to superintend the stowage of the goods. Freight to be paid at so much per ton on the register tonnage of the ship. The captain and crew were employed and paid by the owner: Held that, there being no express words of demise of the ship itself in the charter-party, the freighter did not thereby become the owner for the voyage; but that the possession continued in the owner, and that he, therefore, had a lien upon the cargo for his freight. Saville v. Campion, E. 59 G. 3. Page 503 COMMON, See EVIDENCE, 4. CONDITION. years in certain premises, demised his whole interest in the same to B., subject to a right of re-entry on the breach of a condition: Held that A. might enter for the condition broken although he had no reversion. Doe, Dem. Freeman, v. Bateman, M. 59 G. 3. per calendar month to the day of A., being possessed of a term of the loss. Gibbon v. Mendez, M. 59 G. 3. 2. By a charter-party a ship was described to be of the burden of 261 tons, and the freighter covenanted to load a full and complete cargo: Held that the loading of goods equal in number of tons to the tonnage described in the charter-party, was not a performance of this covenant; but that the freighter was bound to put on board as much goods as the CONSPIRACY, See INDICTMent, 1. 168 ship was capable of carrying In a conviction founded upon 5 G.3. with safety. Hunter v. Fry, E. 59 G. 3. 421 3. By charter-party it was covenanted that the owner should receive on board, in London, all such goods as the freighter thought fit to load, and should. proceed therewith to Madras, and there, after delivering her outward cargo, receive from the freighter's agents a homeward cargo, and deliver the same in London; and that all the cabins but one, which was reserved for the use of the c. 14. s. 3., it must be distinctly stated, in the information and in the evidence, that the proceeding was at the instance of the owner of the fishery; and, therefore, where it was merely stated in the memorandum of a conviction that the proceeding was at the instance of such owner, and where the information, without containing any such allegation, concluded with a mere prayer of judgment on behalf of such owner, and the evidence was wholly silent on 1. Where there is no custom for that purpose, the lord of a manor cannot make a new grant of copyhold; and if he does, the grantee acquires thereby no settlement by estate. The King v. The Inhabitants of Hornchurch, M. 59 G. 3. 189 2. Where the lord of a manor, by copy of court-roll, granted A. the reversion of certain premises then in his tenure, to have and to hold to B. for his life, immediately after the death of A.: Held that B. might, on the death of A., maintain an ejectment, although he had never been admitted, he having acquired a perfect legal title by the grant, without admittance. Roe, on Dem. Cosh, v. Loveless, E. 59 G. 3. 4.53 3. It is a good custom in a manor that the steward or his deputy should have the sole right of preparing all the surrenders of copyhold tenements within the manor. The King v. Rigge, E. 59 G. 3. 550 COPYRIGHT. The 54 G. 3. c. 156. does not impose upon authors as a condition precedent to their deriving any benefit under that act, that the composition should be first printed; and therefore an author does not lose his copyright by selling his work in manuscript before it is printed. White v. Geroch, H. 59 G. 3. 298 CORONER. A coroner, under 25 G. 2. c.29. s.1. is not entitled to any compensation for the miles travelled by him in returning to his usual place of abode from taking an inquisition. The King v. The Justices of Oxfordshire, M. 59 G. 3. Page 203 CORPORATION. See QUO WARRANTO, 1. Where at a corporation meeting, for the purpose of electing honorary freemen, a list of names was proposed, upon the whole of whom the vote was taken collectively, instead of individually; held that such election was void, even where the corporation consisted of an indefinite number. The King v. Player, T. 59 G.3. 707 COSTS. Plaintiff having obtained a verdict, the Court on the application of the defendant, granted a new trial, on the ground that the Judge had misdirected the jury in point of law; but the rule for the new trial was silent as to costs. The defendant, without going to trial, gave the plaintiff a cognovit; and the Court held that the defendant was liable to pay the costs of the trial. Jackson v. Hallam, H. 59 G. 3. 317 COVENANT. 1. By charter-party the freighter covenanted to pay to the owner freight at and after the rate of so much per ton, per month, for the term of six months at least, and 30 in proportion for less than a month, or for such further time than six months as the ship might be detained in the service of the freighter, until her final discharge, or until the day of her being lost, captured, or last seen or heard of; such freight to be paid to the commander of the ship in manner following, viz. so much as might be 3 H 4 earned earned at the time of the arrival of the ship at her first destined port abroad, to be paid within ten days next after her arrival there, and the remainder of the freight at specific periods: Held that this constituted one entire covenant, and that the arrival of the ship at her first destined port abroad was a condition precedent to the owner's right to recover any freight; and that the ship having been lost on her outward voyage the owner was not entitled to recover freight at so much per month to the day of the loss. Gibbon v. Mendez, M. 59 G. 3. Page 17 2. Covenant will lie by the assignee of the reversion of part of the demised premises against the lessee for not repairing. Twynam 2. v. Pickard, M. 59 G.3. 105 3. Where a lessee covenanted that he would at all times and seasons of burning lime supply the lessor and his tenants with lime at a stipulated price for the improvement of their lands and repair of their houses: Held that this was an implied covenant also that he would burn lime at all such seasons, and that it was not a good defence to plead that there was no lime burned on the premises out of which the lessor could be supplied. Earl of Shrewsbury v. Gould, E. 59 G.3. CRIMINAL PROCESS, See TRESPASS, 3. COUNTY JUSTICES, 487 COURT BARON, STEWARD See TRESPASS, 2. CUSTOM, See COPYHOLD, 1. DEED. 1. Where by a settlement in contemplation of marriage the estates were given to trustees, for the use of such of the children, chil d,nd issue of the body of the settlor by his intended wife, and in such shares, &c. as he and his wife, or the survivor of them, should by deed or will appoint: Held that an appointment of the whole estate to one of the children by the widow was valid; and that the words "such shares, &c." did not import that it was necessarily to be divided, and some part appointed to each child. Doe, Dem. Wilmett, v. Alchin, M. 59 G. 3. Page 122 Where a marriage-settlement conveyed an estate to trustees for use of settlor for life, then to the use of his wife for life, and then for the use of his first son and the heirs of such first son, and from and immediately after the determination of that estate for the use of his second, third, and all and every other son and sons, and their several and respective heirs; and for default of such issue, then to the use of all and every his daughter and daughters, and their heirs, to take as tenants in common, and not as joint-tenants; and for want of such issue, then for the right heirs of the survivor of himself and his wife for ever: Held that under these limitations the sons took successively estates tail, and the daughters an estate in fee. Doe, Dem. Littledale, v. Smeddle, M. 59 G. 3. 126 3. Where husband and wife granted to trustees an estate, of which the wife's father was seised in fee-simple, and afterwards, in the life of the father, they levied a fine of the lands to the uses of the settlement, and the father afterwards died, leaving the |