724 FRIENDLY SOCIETIES.

all the requisite accounts before them, as an equitable claim to be adjusted, or wholly disallowed, according to circumstances; 4th. that it would be impossible for the Master, without the accounts, to see, whether ultimately the collector would have any claim. The King v. Marsh and others, M. 5 G. 4. Page 681 3. An affidavit for an immediate extent in chief against a bond-debtor to the Crown, should contain a distinct, positive, and unequivocal allegation of a breach of the bond. Therefore, where the allegation of the breach in the affidavit was ambiguous, an extent issued against one of the obligors in a bond to the Crown, was set aside. King v. Marsh, M. 5 G. 4. 4. But where the extent is issued against a surety, the affidavit need not state that application has been made to the principal debtor for payment or that he is in decayed and insolvent circumstances. Id. Ib.

The 688

FALSE SCALES AND WEIGHTS. See INFORMATION, 1.

FIXTURES.

Whether machinery fixed by bolts. to the floor of a factory are distrainable by a landlord for rent. Qu. 217

FOREIGN WINES. See AMBASSADor.

FRIENDLY SOCIETIES. Where it was ordered by one of the original rules of a Friendly Society, established under the 33 G. 3. c. 54, that the meetings should be

FRIENDLY SOCIETIES.

held at a certain public house, which after some years was altered, by expunging the name of the house without inserting any other; but the meeting at which the alteration was resolved upon, did not appear to have been attended with all the previous formalities required by the 3d section of the act, although the substituted rule was confirmed by the justices at sessions, and inrolled; and the club-box, containing the society's money, securities, &c. was deposited in the hands of the master of the house, who had previously entered into a bond to the clerk of the peace, with condition (among others), that he, his heirs, &c. would at any time thereafter, when required to do so by a majority of the said society at one of their annual or quarterly meetings, or by their committee for the time being, well and truly return and deliver unto the committee for the time being of the said society, for the use of the same society, the said society's said box, and all their securities, &c. which should have been deposited therein, or otherwise delivered to the defendant for the same society, uninjured, and in the same manner, plight, and condition, that the same were, or should be in, when so delivered to him, &c.; and likewise would render a just and true account, according to the rules, orders, and regulations of the said society, and of the said act of parliament, and those presents and all the members of the society, except twenty-seven or twenty-eight, (who continued to assemble at the old house, and appointed a second committee out of their number,) removed their meetings to another inn, in pursuance of a resolution carried by

them at an extraordinary general meeting, convened at the first house by the legally appointed committee for the time being, and of which six days' public notice had been given; but the master of the house refused to deliver up the box to the same committee, who had made a formal requisition of it, broke it open, and took out the contents:-in an action against him on the bond for the non-delivery, held, that he had committed a breach, in refusing to deliver up the box, &c. to the committee for the time being, who were, under the cicumstances, authorized in demanding it; and that the last words of the condition were not to be connected with their demand. Wybergh v. Ainley, M. 5 G. 4. Page 669

Where a rectory was granted by the Crown in 1547, with licence to appropriate, on condition of endowing a vicar, and the vicarage had continued endowed through all time subsequent; but the instrument of endowment produced did not pursue the terms of the grant, and the specific benefits actually enjoyed by the vicar did not appear; the Court presumed a second deed in comformity with the conditions of the original licence, and that it had been lost by time, or accident. Wolley and another v. Brownhill and others, E. 5 G. 4. Page 317

IMPERTINENCE.

See REGULA GENERALES, 1, 2.

INFORMATION.

See AMBASSADOR.
DOUBLE DUTIES.

1. The stat. 35 G. 3. c. 114. gives the maker of common glass bottles, &c. the option of being charged with the duty either according to the weight of the materials, ascertained by the gauge thereof in the pots, or by weighing the bottles, &c. when made; but in case of his electing the latter mode, requires him to deliver to the officer of excise a declaration in writing to that effect. In an information for penalties on that statute and others in pari materid, containing counts for using false scales and weights, and counts for obstructing an officer weighing glass, it is necessary to aver by the former the delivery of the declaration, and to give evidence of that fact; but the production of the instrument itself may be dispensed with, and its existence may be presumed, from the de

726 INSOLVENT DEBTORS.

fendant's being charged with, and paying the duty for six years by weighing the bottles and other vessels. The Attorney General v. Pemberton, M. 5 G. 4. Page 634

Whether the counts for the obstruction should contain the averment respecting the declaration, in order to bring the defendant within the statute; or whether, if the duties are computed by the gauge, the officers are entitled to weigh the bottles also, for the purpose of checking the account taken by the other method. Qu. Ib. 2. What shall not be held a misdescription of the defendant under the statute. Id. Ib.

INJUNCTION.

1. During the pendency of a suit for an account, and payment of tithes, the Court will not restrain the defendant therein from proceeding in an action at law to recover damages against the plaintiff, for not taking and carrying away the tithes in question from off the defendant's lands. Bradley, Clerk, v. Bensted, H. 4 & 5 G. 4. 80 2. Taking money, before answer put in in equity, out of a court of law, paid in by rule of Court, would be a breach of a common injunction against proceeding at law. Parke v. The Earl of Shrewsbury. 103 3. Injunction refused on motion with costs to a debtor, to restrain his trustees from acting under a trust deed, executed by him for the benefit of them and his other creditors, their answer not having been put in, or called for.

v. Colbron, E. 5 G. 4.

INSOLVENT DEBTORS.

See CONTEMPT.

Izard

181

ISLE OF WIGHT COURT, &c. INSPECTION OF ACCOUNTS.

See LEGACY AND Legatee, 4, 5.

INTEREST.

See MORTGAGEe and MortgAGOR' 1, 2.

LEGACY AND Legatee, 1.

1. Four per cent. is the interest usu

ally given in Courts of Equity; but there are exceptions to that rule. Archdeacon and others v. Bruges and others, E. 5 G. 4. Page 166 2. Minuteness of the object sought, may be a reason against deviating from the rule concerning interest. Id. 167

ISLE OF WIGHT COURT OF
REQUESTS.

1. A person resident within the Isle of Wight Court of Requests, and owing a sum of 57. on the balance of an account, is privileged to be sued for the debt in that Court; and therefore, if the creditor proceed and recover a verdict to that amount in a superior Court, the defendant is entitled to have a suggestion entered on the roll, to deprive him of costs, pursuant to the stat. 46 G. 3. c, 66, ss. 11, 17, 40, notwithstanding that the contract was made elsewhere, and although the plaintiff was ignorant that the defendant resided within the jurisdiction, and claimed a larger sum. Oakes v. Albin, M. 5 G. 4. 582 2. Where a rule nisi for entering such a suggestion has been obtained on affidavit, and affidavits have been made on the other side, and used in shewing cause, fresh affidavits for the purpose of controverting the statements of the latter cannot be read in support of the rule. Id. Ib.

occupied apartments for some years in the same house, as yearly tenants, and A. secretly made a parol agreement with the common landlord, in May, 1822, to take the whole house as a yearly tenant from the then ensuing Midsummer, at which season B.'s tenancy had commenced; but B. never attorned, nor acknowledged A. as his landlord, but paid his ensuing Midsummer, and tendered his ensuing Michaelmas quarter's rent, acceptance of which was refused, to his landlord's agent, who directed him on both occasions to pay his rent from the former period to A.; and A., on B.'s refusal to do so, distrained for the Michaelmas quarter's rent, and at the following Christmas gave B. six months' notice to quit: in an action of trespass for the illegal distress, held, that B.'s interest in the part of the premises occupied by him, was undetermined, no regular notice to quit having been given him by his proper landlord; -that the reversion of it had not passed directly to A. by parol, nor indirectly, as appendant to A.'s apartments, considered as surrendered to the landlord by virtue of the agreement, and re-demised; -that B. was still the tenant of his original landlord, and not of A.; and consequently, that the action was maintainable. Brawley v. Wade and another, M. 5 G. 4. Page 664

at her death, then he directed that the two sons, or their heirs, should pay to such child or children, 2007. equally between them, as they should severally attain the age of twenty-one, and interest for the same until the said legacy should become due, towards their maintenance and bringing up. The daughter left one child surviving her, which lived for several years, but died an infant, no interest having been paid on the legacy during its life-time. On a bill filed by the father as personal representative of the child, held, that he was entitled to recover the interest on 2001. from the death of the mother to the death of the child, and that the interest was a charge on the real estates. Harris v. Finch, S. b. E. 5 G. 4. Page 141

2. Testatrix devised real estate to S. J. for her life, and after her death, and failure of issue, to trustees to sell and pay the proceeds to four persons in prescribed proportions; and in case of the death of any of the legatecs" before such their respective legacies should or might become payable, then the legacy or part of him, her, or them so dying, to go to his, her, or their executors or administrators, as part of his, her, or their personal estate." And she gave the residue of the real and personal estates to the trustees, upon trust, as to the former, to sell and invest the proceeds, and as to both, to pay the interest, dividends, produce, and proceeds to S. J. for her life; and after her decease, to pay certain pecuniary legacies, and then to pay the remaining trust monies to the same four persons in the same proportions "and in case of the death of any of the said legatees before their legacies should become payable,

then," the testatrix directed that "the legacy of each of them dying should go to and be paid amongst his, her, or their children, share and share alike; and in case of such decease of any of the said legatees, without having a child or children, the legacy of him or her so dying, should go to his or her executors or administrators, as part of his or her personal estate." One of the four legatees having died in the lifetime of the testatrix, unmarried, held, upon the death of S. J. subsequently without issue, that the legacy to that legatee had lapsed, although her children, if there had been any, would have been entitled to take it. Bone v. Cook and others, E. 5 G. 4. Page 168 3. A testator has an undoubted power to prevent a legacy lapsing, but to be effectual, it must be exercised in express terms.

177 4. Generally, a legatee has a right

506

to file a bill, that an account may be taken of the testator's estate, with the sanction of oaths. Sharples v. Sharples and others, S. a. T. 5 G. 4. 5. Where a party in that character, and also as creditor, sued the coexecutors and trustees, his administratrix (who had revived the cause), was allowed the costs of suit, notwithstanding he, as a coexecutor, had joined in proving the will, and an inspection of the accounts had been offered, and the balance of the personalty was greatly in favour of the defendants. Id. Ib.

6. Plaintiff liable to pay additional

costs (if any), caused by the unsupported claim as a creditor. Id. lb. 7. Costs in the cause refused, as between solicitor and client. Id. Ib.

LIBEL.

See VARIANCE.