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Refolrcdi the plaintiff could not come m at a crtdito Ti under the commiifion* the 14 Trinity Tb»i 8 Gio.

Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. i»6o# when per totam curiam^ the two .firft objc3ions were over- ^"S* ^*'*^ ru Ic S, becaufe the. In smfwer to the tfl objedion, it muft be admitted, that jpro* miflbry notes w^re not amenable or indorfable in point ot law before \)xejiatuie oftht 3 £? Jnn, but bills ot exchange, by the law and cuftom of merchants, were always indorlable ; m A by that ftatute notes of hand were made indorfable in like manner Mi CHABuc AS Term 20 Gtbo. If this be law, it will go a great way towards ruin* ing, inftead of encouraging trade and commerce. And he was of opinion that it was good, and' that the a£l of parliament muft have a liberal conftru Sion, ii being made for the benefit of trade and commerce. * Between Theodore Darky, Brother and Heir at Law in his proper peifon, or by his iaw^al attorney or attornies, and (hall vouch to warranty the faid l^ncent Darley and John Coad^yrho (hall likewife appear in their proper perfoiis, or by their attorney or attornies, and enter into ivarranty, and afterwards vouch to w^-nanty the common vouchee tvho (hall likewife appear and imparl, and afterwards make de- fault and depart in contempt of the court, fo that judgment may be thereupon had and given for the faid Edmund Turner to re« cover the faid« manors, me(fuages, lands, tenements, heredita-^ ments and premifes, againft the faid George Green ; and for the faid George Green to recover in value againn the faid Vincent Dar-^ ley and John Good: and for the faid Vincent Darky and John Coad ' to recover in value againft the common vouchee; to the end one good and perfeft common recovery, with double voucher, may be thereupon had, faflened, perfemd and executed, ^cording to the ufaal courfe of common recoveries, for the aflurance tv or Cornz Mii aforefaid ; to the- only ufe and Whoof ofthelaid/7wf«/ Dsrky, his heirs Mid «d Sgns for ever • and Tkinitt Tkkm 7 Geo. And as for and concerning all and Angular the faid manor . • Thriift miftake in putting the ^ent Hntl no K inllead •/ the p Uia- Stk Coun C t THi ! verdifl, the court reje3ed the words to the/aid Charles^ in both the counts* as furpiufage; and held them both to be good and fenfible without thofe words, and refufed even to make a rule to fhew caufe. The reafon why prpeefs both for and againft an attorney is made returnable on a day certain, is becaufe of his daily attendance in court, but this at* tomey Easter Term 10 Geo.

We also ask that you: Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. letters of adminiilration cannot be fuppofed rsee ^i Terw to be in the cullody or power of the plaintiff 5/^Af the indforfee j Rcp» K. But Mr, Ju Hjce Denifon further faid ; That if it had appeared to the court upon a fpecial verdift, that there was no fuch cuftom among merchants, as for adminiftrators to indorfe or aflign bills of exchange, it would have been a very different cafe from the prefent ; but that no fuch thing appeared, and in truth that the cuftom is for adminiftrators to indorfe and aflign bills; that lie previoufly had fome notice of this cafe coming before the court, and therefore had inquired touching the ufage among merchants, and been well informed that it was the conflant ufage amonffft them, for adminiftrators to indorfe and af Tign over bills of exchange made payable to their intcftatcs or order : That Michaelmas Tbbm 20 Gbo. * 5 That fuppofe a note of hand is made payable to ^femefo U before marriage, and fhe afterwards marries, being poi Tefled of the note, payable to herfelf or order, flie, being covert, cannot indorfe A aotie pa^r- and affign over the fame. called Citfr Z^trn, and other the premifes, with, the appurtenances, lying in the parifii oi Saint Ives, and countyr aforefaid, to the only ufe and behoof of fhe faid Jfohn Coad, his heirs and affigns for ever; and to no other ufe, intent and purpofe, whatfoever. ^Tp HE defendant being indebted to the plaintiff in 50c/. in part, and gave him a bond and jtidg- 3or**tohir ment for the rendue, with flay of execution for a certain time ; Bos Hft fecit* which beinff elapfed, and the defendant not having paid either tarywatdif. • another mif- take in ptt C- Cing the de- fendant** XMoe inftead •f the pfun« ti/Fmentioned mare to be {ound in all refpefls, then and there falfly and fraudulently fold the faid laft*^ mentioned mare to the faid * Charles ^ for a certain other large fome of money, to wit, the fum of other si/, then and there paid by the fatd Henry to the faid Charles^ which faid laft-men« tioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in her faid off or right fore^ foot, and hath always from thence hitherto there fo remained and continued ; and fo the faid Henry faith, that the faid Charles^ on the day and year aforefaid, at Thetford aforefaid, in tlie county aforefaid, talfly and fraudulently deceived him the faid Henry, And whereas the faid Henry afterwards, to wit, on the day and year aforefaid, at Thetford aforefaid, in the county afore-* faid, bargained with the faid Charles to buy of him ;^the faid Charles a certain other mare of the faid Charles ; and the faid Charles then and there, well knowing the faid lad-mentioned mare to be lame in her off or right flioulder, and to be unfound, by then and there warranting the faid laft-mentioned mare to be found in all refpefls, then and there falfly and fraudulently fold the laft-mentioned mare to the faid t Charles^ for a certain other large fum of mone Vi to wit, the fum of other 21/. • This caufe was tried at the laft affizcs for the county of Nor- After iver- foli, before the Lord Chief Juftice IVilmot, when a verdia was ^^'^^^ found for the plaintiff, with 3/. ' generally upon all the counts in the declaration ; whereupon it » put in the was now moved by Serjeants Whitaker and Forfter, on behalf of ^^^ '"?

Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. bcrirtning ' in Michaelmas Term in the loth Year, and ending in Easter Term in the 14th Year of the Reign of His prefent Majefty KING GEORGE the Third. And tliat Trewit Me tenement and Lewame tenement are com- prized in tlie faid fettlement, and not, by any particular naxne^, ta the recovery or deed, to lead^ the ii£bs thereot there. By aa was a nullity, an innocent recovery, and in this cafe nugatory; Jhew W^the that Vincent Dar Uy\ eftate for life was not devifeabie ; that all he proceedtngtia could devife was his neverfion or remainder in fee; that he could Chsmtrj^ it not fuffer a recovery^ of his remainder or reverfion in fee ; that ^^^ ^* * the recovery only operated upon his life-cftate, which amounts c Jied a Ia lo nothing. WUmoi^ Chief Juftice, There are a great many determinations ^"^f* rl'pi. there is fomething looks againft us; the opinion there ti, that the covenant would not. ecutors, adminiftrators and affigns : Upon the whole, as there is Tbo. no care in point, we do not break through any of the authonliel ^^^^ ^^ in the books concerning collateral or perfonal covenants* Judgment for the plaintiff ^^ totam curiam. And novr it was moved by Serjeant Nares^ on behalf of the Iheriff and defendant, that the rule to return the writ might be difcharged, upon an affidavit of the defendant, fbting the fii As and auefts as above, imd that he was j Efl^/^ fecretar^r to the . per annum to' hfs own ufe, for copying all his Englipi difpatchcs, memorials, &c.

Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. THE THIRD EDITIONS With additional Notes of the Points determined; References to modern Cafes, and improved TABLES of the PRINCIPAL MATTERS, and of the NAMES of the CASES. The quefiion is — ^Whecher the deeds executed and the rec0-. 13 feid, that a recovery by tenant for life, remainder to truftees, (3c. touching the revocation of wills, and very nice artificial difiinc- Caf.'s Vo.p. It Teems to be clear, 359J) 'yins from the lateft determinations upon this fubjeft, that if a man be ^^^^f^^X^ feifed in fee, makes his wi U and devifes, and afterwards conveys fj, a ions by recovery, fine, feoffment, releafe, C3c. run with the land ; but it mufl: be obferved, that it did not concern the thing demifed, nor is the word ajjigns there, fo it does not apply to, nor clafti with the cafe at bar. A covenant not to ai Egn generally, muft be per* Cra.]ac. fonal ana collateral, and can only bind the leflee himfelf, there ^""! never can be any affignee ; whereas the prefent leafe grants to ex« 64. that he is prpperly regiftered, and his name entered in the iheriff's office ; and upon another affidavit in confirmation of the above fa£b, and that the defendant has been conftantly attendant upon this miniiler, to copy memorials* letters and dilpatches, for fome years, except when he hkd leave of abfence for a few days at a time ; and upon another affidavit of Norton the officer, who fwears that Dennis brought the defendant to his houfe to be locked up, that he did^not then know he was a I'ervant to Baronr Haflang^ but that he (deponent) foon after received a demand in writing from the baron to difcharge the defendant out of hift cuftody, and to detain him at his peril, whereupon, being in fear of puni Qiment, (having received a note ot indemnity under the hand of the Baron) he difcharged the defendant out of cuftody :.

Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. B, and upon the trial of the caufe, it would be incumbent upon him ^*^' ^^*^ ^^ to fliew to' the court and the juiy, that the perfon who* in- nabie pcrfonl dorfed the note to him was the legal and proper admin iftrator ally on fnch of 4' B' : and the third obje Qion was likewife over-ruled, be- »ole to aa inteftate or his order, is not aflignable or indorlable over by his adminiftratrix, fo as to enable the indorfee to bring an a£lion thereupon in his own name, and that it was incumbent u^n Sione the plaintiff* below to have al lodged and fliewn (which Ytt has not) in his declaration, that by the cuftom of merchants iftland bills of exchahge are affignable and indorr2dle over by ad- miniftrators or executors ; for that the Statute oftht^(3\of Qwun Ann only makes noted of hand negotii£le ija the fame manner as inland bills of exchange ; and he faid, in an a Qioa upon a bill of exchange, unlefs the plaintiff* declares upon a cuf- tom to fupport the ajumpjit according to the common form, the a£lion will not be maintainable, and cited i Lord Raym, ft8i. s^, Sir Thomas Boot U objefled, that the plaintiff* has not in his declaration made ^frojtrt in curiam of the letters of admini« ftration, for that perhaps the adminiftration in this cafe might be granted by ^peculiar, and if fo, the right of committing adx^ii- . And to this purpofe he cited a cafe of ^^"^J^ ^ Connor and Martin^ in C. which he himfelf wd^, ^ took a note of in that court ; it was an adion brought by the marries, it indorfee of a promiflbry note, payable to Sufan Connor or her ^"^"^.^ order, and given to her before marriage ; wnich note, alter her jj^p^/aad marriage, and while covert, fhe indorfed to the plaintiff: The Ihecanooc defendant pleaded that Sufan Connor was married at the time of *"*''^ the making the indorfement : The plaintiff demurred ; and the |^, cofeit. Judgment affirmed per toiam curiam^ B 8 TRINITY TRINITY TERM. That in Michaelmas term 1763, a recovery was fuflered in hi« majefty's court oi Common Pleas, accordingly; wherein the fa^d Eamimd Twrntr was demandant, the faid George Grees tenant, and the faid Vincent Darley and John Coad vouchees, who vouched the common vouchee, againft whom judgment was had tathe ufual form. the principal or interefl, the plaintiff threatened to take out exe- ^^Sfe^t'ap-* cution againft him ; whereupon the defendant wrote a letter to peared be waa the plaintiff, deftring him to give him further time, and that apurferofa he would make it a point of honour to pay him as fbon as ^'P**^*^* poflible. then and there I)aid by the faid Henry to the faid Charles^ which faid laft-men- tioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in her faid off or right flioulder, and hath always from thence hitherto there fo remained and continued ; and fo the faid Henry faith, that the faid Charles^ on the day and year iforefaid, at Thetford aforefaid, falfly and fraudulently deceived him the faid Henry. 43 Henry to the faid Charles, which faid laft-mentioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in her faid off or right hind-leg, and hath always from thence hitherto there fo remained and continued; and 10 the faid Henry faith, that the faid Charles, on the day and year aforefaid, to wit, at Thetford aforefaid, in the county aforefaid, falfly and fraudulently deceived him the faid Henry. *^ the defendant, that Judgment might be arrefted, they objefting tiff*/ namcl that the fourth and fifth counts were bad, becaufe it was alledged the cooit win in both thofc counts, that the faid (defendant) Charles fold the ^ j^„jl*/ "**" mare to the faid (defendant) Charles; but this l^eingafter a nune at being verdi£l farpl Mfage.

We encourage the use of public domain materials for these purposes and may be able to help. liiftration by l\xc\i peculiar ought to be s Jledged, and is a matter of fubftance and traverfable \ iox de ccmmunijurey here in En^^ land it bdon^i to the ordinary to ffrant adminiftration ; and in feipport of dus objef Vion he cited Venham v. queftion upon argument was, Whetner the plaintiff could main- i Str. tain the action upon a note indorfed by zfeme covert? whole eourt were of opinion that the^^»i^ covert could not ai&gn *** *^^'^ the note, becaufe by act of law it became the file ri^ and pro- perty of her hufband : This (hews that it was not an intereft fixed to her jperfon, becaufe if it had, (he might have indorfed it. Thatthetruftees topreferve contingent remainders, never made any entry to avoid this recovery in the teftator's life time. has been objefted ; that the le- giflature thought a r^nt could not be referved upon a leafe of tithes, and therefore that ftatute was made : But in anfwer to this, it's plain from the. f » fwoynr rule to Ihew caufe why the plea fhould not be fct alide, and IJde with*' why the defendant's attorney fliould not pay the cofts of the ap- cofti. The plaintiff having waited for his money a year longer, and not being paid, took out a writ dire6lcd to the flieriff of Midd Ufex: whereupon the defendant was arrefled by one Dennis a meriff 's offiqer, who carried him to the lock-up houfe of one Norton another of the flieriff *s officers. wherein many diftinaions are made, between objeftions to the credit and competency of witneffes. And whereas the faid Hehry afterwards, to wit, on the day and year aforeiaid, at The ford aforefaid, in the county aforefaid, bargained with the faid Charles to buy of him the faid Charles a certain other mare of the faid Charles ; and the faid Charles then ^nd there, well knowing the faid laft-mentioned mare to be lame in her off or right hind-leg, and to be unfound, by then and there warrant- ing the faid laft-mentioned marc to be found, he the faid Charles then and there falfly and fraudulently fold the faid laft-mentioned mare to the faid Henry ^ for a certain other large fum of money» to wit, the fum of other si/, then and there paid by the faid Henry Michaelmas T£BM 10 Geo. And whereas the faid Henry afterwards, to wit, on the fame 7th Cooc day and year, at Thetford aforefaid, bargained with the faid Char Us to buy of the (aid Charles a certain other mare as anil for a mare found in all refpeds, at and for a certain \z Tge price or fum of money, to wit, the fum of 21/.

within two months after the aeath of the faid William, accord- ' ing to the faid condition ; and that the faid 400/. in the condition was payable at a day after the banke got at, in a court of law?

was ftill due to the plaintiff, whereby the {aid bond became forfeited, undt a Qio accrevit to the plaintiff, to demand of the defendants the laid 800/.; but the defendants, though often requetted, have ^not, nor hath either of ^em, yet paid the faid 800/. The defendant May pleaded, that he never adminifiered, or^proved the xmlt; and the plaintiff, as to Iiim, entred a nolle profequi ; the other defendant Sparkes prayed oyer of the bond, which was fet out without the condition, and then pleads, that the obligor was a trader, and after entering into the bond, committed an a£l of ^ bankruptcy; whereupon we creditors petitioned, had a commif* lion, and ne was declared a bankrupt, and had his certificate, which was confirmed : To this, the plaintiff having inrolled the condition of the bond in hac verba, demurred ; and judgment was given by the whole court, on the merits, that the plaintiff's debt was not barred by the matter comprized in the plea, and was not within the 7 Geo. whether there is any difference between land and tithe, with re- gard to the covenant in this cafe ? is a leading c^; wherein the J^«^ court came to the following relbluiions, which lliall be ihortly ^ST^* flatcd. When the covenant extends to a thiiw in j^, parcel o F the demife, the thing to be done hf farce of the covenant is ia a inanner annexed and appurtenant to the thiiu^ demifed, and flail run with the land, and Ihail bind the aifonee, a Uhougfai he be not bound by exprefa words; as if the le&e covenant tf» repair the hoiifes, tliis is parcel of the contrafi, and extends to the fttpporting of the things demifed. It was there refolved, that i C the leflee hath covenanted tor himfelf and his ajfigns to make a new wall upon part of the land demifcd, this flull bind the aflignee, becaufe named^ and he U to take the benefit of it: So if warranty be made to a man, his heirs and afligns, the ai&gnee Oiall take the benefit thereof, and (hall have a toarrai Uia chartse.

Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. cftj Ai Kflved priitcijple, and ^\t^ri6S[,^ w«tt known, that if a mao be feifed of lands in fee, and nnkeih Parnament his: will thereof, and afoerwards nuketh a fieofiiittm or tsf A^t coa- «]J^'j'^^* ve^rtoce thereof in fee, and takes back a new eftate in fee, this ^^^ q. whatfoever» after making his will, it will amount to a revocation 39 Hen. C* ibat if a man feifed in fee devifes^ and afterwards levies a fine to his own ufe in fee, this has always been held a revocation al- though the teftator is in of the old ufe ; the reafon is, [as he faid3 that courts of juftice, in favour of the heir at law, will prefume the teftator had fome intention to alter or revoke his will in fa- vour of the heir, by fuch an a£l done after the will. with remainder over to nimfelf in fee; and by fuffering the recovery, he did thereby jpull the whole intereft in the land into himfeli, and got one intire fee ; a total new eftate in fee» which could not be defeated, but by the entry of the tmftees to preferve contingent remainders; his former eftate for life, with contingent remainders, &c. The counfel for the defendants argued, that the deeds and re- •41. covery did not amount to a revocation, the fame being executed c! *"^ fuffered by Vincent Darley, without any intention appearing c»/h. — After fome time taken to confider, the court *^1"^*^*T'^ gave their opinion, that the deeds executed, and the recovery fuf- ftooiria Te, iered by Vincent Barley ^ are a revocation of his will; but did not during her deliver their opinion^ur c i veany reafons to the bar in communibanco, ^*^^» ***.^ '^ * ^ ^ rents» ii Tnei^ and profits of a! paid him 2J part, and gave him fecurity for tlie reft, as. In anfwer, by wiy of reply, it was admitted that the defend- ant was purfer of the New Grafton^ which in time of war is 211 office of full employment, incompatible with that of fecretarj loan ambaflador; but it was faid, that in time of peace (as at • prcfent) Ml CRAfi LMAs T£a M 10 Gso. d& prefent) it is a mere fine cure^ and the defendant may well be fecretary to Baron tiling: and that the cafe in t Burro, 401. To be fure courts of law will prote£l tlie ambafladors or public minifiers of foreign princes or fbtes and their fer- vant Sy from being arretted ; it is the law of nations ; but we muft not confound the right ol prou Sion with the n^ti/i of that right.

You can search through the full text of this book on the web at |http : //books . com/ V- a^- REPORTS OP CASES ARGUED AND ADJUDGED IN THB j Uttng's Courts at IKEteftminfter. 6, thereof, although he take the very fame eilate (which he had 5*Bicon s»7 before) ^^^^ ^gain the very next day. That in the prefent cafe, when Vincent Darley made his will, and after fuffered the recovery, he was tenant for life in pof- fci Eon with remainder in truft to preferve contingent remainoers. and remainder over in fee, were all Sne, until the truftees fhould enter for the forfeiture, which sy never did; fo that Vincent Darley died feifed of an eftate in fee, in pof Teffion of the lands comprized in the fettlement, being a different eftate from that which he had when he made his wil L But whether it was the fame or a different eftate, the counfel for the plaintiff concluded, that the will was revoked by the deeds cited fer and recovery.. l teftator^i chattel eftatei, if (he fhojid chufe to refide it Bartcni tfotefaid ; and ihe wn alfo to have the ufe of all the houfliold goo^t, plate, and fomitare. above ftated after he luid received the letter as above, and waited f^ money above a year, caufed defendant to be arrefted ; th never before heard that the defendant was prote6led or cla ^ any prote£lion, or confidered himfelf as a (ervant to Baron Ha- Jldiig ; on the contrary he depofes, that he believes he is ^ot prote£led, nor is his fervant, becaufe he fays that the defendant, m the year 1761, was appointed purfer of the Triumph vazn of war by the commiffioners of the navy, and continued fuch till the year 1767, when he was appointed purfer of the king's fh Sp called the IJew Grafton^ by warrant, and is ftill purfer thereof ; that, as fuch officer, he gets confiderable profits by buying in the provifions ; that he takes care and keeps an account thereof, and of the flops, G/c. The queftion is, whether the defendant is bcni Jiic a fervant' of the ambaflador ? L a£lion on the cafe, for 300 quarters of wheat fold fells for pliin. yrherein it was held, that a Blackwell-hall fa Oor may be a wit- nefs to recover his own commiffion, was cited by the Lord Chief .

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