EAST INDIA COMPANY. Sale of nomination to cadetship, 447. CADET SHIP. EAST INDIES. I. British officer receiving gifts. 1. What constitutes the offence. An information ex officio under stat. 33 G. 3, c. 52, s. 62, charged that defendant, being a British subject, held and exercised an office in the East Indies, under the East India Com- pany, to wit, the office of resident at T. in the East Indies; and during all that time resided in the East Indies; and being a British subject, whilst he held the office and resided, &c., within six years before information filed, &c., viz., on, &c., in the East Indies, unlawfully received, of and from S. in the East Indies, a sum of money, viz., 8000 rupees, being of the value of 8001. of lawful money of Great Britain, as a gift and present, against the form of the statute; whereby, and by force of the statute, defendant was guilty of extortion and a misdemeanor; and, by force of the statute, forfeited to the Queen 8007. of lawful, &c., being the value of 8000 rupees. Held, by the Court of Queen's Beneh no ground for arresting judgment, that the count did not state whether the rupees were Madras, Bombay, or Sicca rupees, or state the value of the single rupee. And Held, by the Court of Queen's Bench on motion in arrest of judgment, and by the Court of Exchequer Chamber on writ of error, that the count was good: Although it did not aver that the gift was received xtorsively or under colour of the office: Because, (1) if the statute were confined to such cases, the information (though laid, under sect. 67, in England, for an offence in the East Indies) was good, after verdict, by stat. 7 G. 4, c. 64, s. 21, as describing the offence in the terms of the statute creating it: and because (2) the statute of 33 G. 3, exVOL. XIII.-78 tended to any receipt of gifts by such officer. And although the count did not state for whose use, or pretended use, the gift was received dubitante PLATT, B., on the ground that it did not appear but that the gift was received, or pretended to be received, for the use of the Queen. It appeared by record that the jury found a verdict of Guilty on several counts charging receipts of sums in rupees as gifts, after which followed a finding by the jury, as to each count severally, that the sum received, as in the count mentioned, was the sum of so many rupees, which sum of rupees, at the time of the receiving, was of the value of so much British money; being at the rate of 18. 11d. per rupee. The Court of Queen's Bench adjudged fine and imprisonment upon each count, separately, on which defendant was convicted; and, further, that defendant, in pursuance of the statute, &c., "do also forfeit" to the Queen "the several sums following," &c. (naming the values of the sums in rupees, as found on each count respectively, "the said forfeitures amounting together to the sum of," &c. (the aggregate of the values); and, further, that defendant be imprisoned until he shall have paid the said several fines and forfeitures. Held by the Court of Exchequer Chamber: 1. That the judgment was good, although it did not give defendant the option of forfeiting the gifts actually received: inasmuch as the gift itself was money: 2. That it was right to estimate the value at the time of the receipt, not of the conviction : 3. That imprisonment, in default of paying the forfeiture, was rightly awarded: inasmuch as that forfeiture was not arbitrarily imposed by the Court, but fixed by the statute, and superadded, by authority of the statute, to the other punishments for the 74 offence. Douglas v. The Queen, 2. Form of information: value, 74. Ante, 1. 3. Information in the language of the statute, 74. Ante, 1. 4. Judgment: forfeiture and imprisonment, II. Mandamus to examine witnesses, 42. WIT- I. 3F2 ECCLESIASTICAL LAW. 1. Farm buildings, 572. DILAPIDATIONS, I. 5. Faculty for making changes in, 572. II. Faculty. When not necessary, 572. DILAPIDATIONS, I. I. Remainder. ESTATE. After death of one of two tenants in common devisees for life with remainders to their children in fee. Devise to trustees "to the use and behoof of my son and daughter and their respective assigns, for and during the term of their respective natural lives, equally to be divided between them, share and share alike:" remainder to the trustees to preserve contingent remainders; "but nevertheless to permit and suffer my said son and daughter respectively, and their respective assigns, to receive and take the said rents," &c.,." to their use during their natural lives; and, from and after the decease of my said son and daughter, or either of them, to the use and behoof of all and every the children of my said son and daughter respectively, both male and female, and their several and respective heirs and assigns, to be equally divided among them, share and share alike, as tenants in common and not as joint tenants; and, if there shall be only one such child of my said son and daughter, to the use and behoof of such child, his or her heirs and assigns for ever; and, for default of such issue of my said son and daughter, then I give and devise the said premises" to the use of T. P. in fee. The son and daughter, who had each several children, survived the testator. Held that, on the death of the son, bis moiety did not pass to his sister, who survived him for her life, with a view to a deferred distribution after her death, among the children of the two families per capita, but that his moiety passed at once to his childDoe dem. Patrick v. Royle, ren. II. Life estate. 100 As tenants in common with remainders to their children in fee, 100. Ante, I. III. Estate tail. In copyholds, how barred, 808. COPYHOLD, I. ESTOPPEL. By suing in a particular capacity. By suing defendant as being a corporation, 269. POOR, IV. 1. EVIDENCE. I. Burthen of proof. On questions as to reasonable time, 204. COVENANT, II. On point not moved non obstante, 886. II. Admissions. BILLS, I. 1. V. Scire facias. When not necessary, 364. CROWN, II. VI. Custom of inferior court judicially noticed, 1, 39. ATTORNEY, IL Whether to prevent litigation or under conviction of liability, 815. CoMMITTEE, I. 1. III. Secondary evidence, what is only such. 1. That copies of the work in question had been seen on sale, 257. COPYRIGHT, I. 2. 2. That persons had been heard singing the music in question, as if from printed copies, 257. COPYRIGHT, I. 1. 3. An unexamined copy of a former deposi- V. Examinations on interrogatories. An interrogatory being objected to as a leading question, and the answer obtained by it as objectionable for that reason, the Judge caused part of the interrogatory and part of the answer to be suppressed, and the remainder, which appeared not affected by the context, to be read in evidence. Held that, the Judge was not bound to reject the interrogatory and answer, merely because the question was a leading one, but might exercise a discretion as to excluding or admitting the whole or part of the answer obtained by the leading question, and that the course taken at the trial was correct. Small v. Nairne, 840 2. Discretion of the Judge at Nisi Prius, 840. Ante, 1. V. Documentary: copies. EXECUTION. I. Fi. fa. how long in force. 1. When returnable immediately after execution. A fi. fa. "returnable immediately after the execution thereof," under stat. 3 & 4 W. 4, c. 67, s. 2, is in force until it has been completely executed; and where a portion only of the amount for which the writ issued was realized by levy, a second levy under the same writ for the balance, eleven years afterwards, was held good. Jordan v. Binckes, 2. Second levy, 757. Ante, 1. 1. Seen exposed on sale, 257. COPYRIGHT, II. Against shareholder. I. 1. 2. Seen in the hands of persons singing from them, 257. COPYRIGHT, I. 1. 3. Unexamined copy of former deposition, 292. INSURANCE. VI. Former proceedings: inter alios. Conviction of adjoining township for nonrepairs of adjoining portion of highway, on question of the highway being ancient, 933. HIGHWAY, IV. VII. Conduct of parties. 1. Acquiescence for several years from which lawful dissolution of a local incorporation may be inferred, 269. Poor, IV. 1. 2. Of committee-man of projected company as showing authority to pledge his credit, 815. COMMITTEE, I. 1. VIII. Collateral issues. Habitual drunkenness of captain, as entering into the value to be given to his judgment, 292. INSURANCE, IV. 1. EXAMINATION. I. Of attorneys, 662. ATTORNEY, III. 1. 1. Under commission to examine witnesses, 757 When excluded by terms of contract, 960. III. Generally. Distinguished from punishment, 903. COUN- IV. Discharge under stat. 48 G. 3, c. 123, s. 1, V. Final process. Attachment, 497. ATTACHMENT, I. 1. What to be shown in plea of justification, EXECUTORS AND ADMINISTRATORS. I. Relation of title. To death of intestate: money had and received by stranger. Where money belonging to an intestate at the time of his death, or due to him and paid in after his death, or proceeding from the sale of his effects after his death, has, before grant of administration, been applied by a stranger to the payment of intestate's debts and funeral expenses, the administrator may recover it from such stranger as money had and received to his use as administrator; the letters of administration relating back, for that purpose, to the death of the intestate. Welchman v. Sturgis, 552 2. On interrogatories, 840. EVIDENCE, IV. 1. | II. Executor de son tort. 3. Of witnesses in India, 42. WITNESS, I. 1. Liability, 552. Ante, I. . II. Legacy duties. 1. On principal, and accruing profits. An executor allowed the legatee of leasehold to occupy for fifteen years, the legacy duty being unpaid. The executor was then called upon to pay duty on the profits accruing for the fifteen years, as well as on the principal value of the premises. Held, that he was liable to the whole of such duty; and that he might recover all the money paid on that account, as money paid to the use of the 900 legatee. Bate v. Payne, 2. Consequences of delay in accounting, 900. Ante, 1. IV. Order of paying debts. Simple contract debts or retainer for future breaches of covenant, 542. COVENANT, IV, V. Proceedings in an action by or against their testator. Motion for nonsuit or verdict according to leave reserved, 780. AGENT, II. VI. Error brought by representative of suppliant in a petition of right, 364. CROWN, II. VII. Of ecclesiastical persons. Liability for dilapidations, 572. DILAPIDATIONS, I. VIII. Money had and received to use of. 1. Money received by stranger and applied EXTORTION. By officers of East India Company, 74. EAST INDIES, I. 1. FALSE IMPRISONMENT. IMPRISONMENT. FALSE PRETENCES. Indictment: express averment of knowledge. Indictment, on stat. 7 & 8 G. 4, c. 29, s. 53, for obtaining money under false pretences. One count stated that A. B. "did falsely pretend" to C. D. (setting out the pretences), "by means of which false pretences" the said A. B. did "unlawfully obtain from the said C. D." moneys of the said C. D., "with intent to cheat and defraud the said C. of the same." The count contained averments negativing the truth of the pretences, but no express averment that A. B. knew them to be false. Held, that under stat. 7 G. 4, c. 64, s. 21, the count was sufficient after verdict. Quære, whether it would have been bad on demurrer. Regina v. Bowen, 790 FATHER. PARENT AND CHILD. BASTARDY. FEIGNED ISSUE. for benefit of estate before administration, I. Entry of facts on the record. 552. Ante, I. 2. Waiver of tort, 552. Ante, I. IX. Money paid by. To the use of legatee: legacy duties, 900. Ante, III. 1. X. Leaseholds. Occupation by legatee before payment of legacy duties, 900. Ante, III. 1. XI. Proceedings by. When compelled to put in special bail. On removing cause commenced by foreign attachment, 807 n. FOREIGN ATTACHMENT, I. 2. XII. Pleading and evidence. Plenè administravit: payment of simple contract debts, 542. COVENANT, IV. Stat. 3 & 4 W. 4, c. 42, s. 24, giving the Judge at nisi prius power, when there is a variance, to direct that the facts be found specially and entered on the record, does not apply to the trial of feigned issues. Brown v. Hutchinson, 185 II. When not amendable at nisi prius, 845. AMENDMENT, I. 1. FELONY. Discharge of jury without verdict, 716. Jury, IV. 1. FIERI FACIAS. EXECUTION, I. FILIATION. Page 248. Bastardy, I. FIRE. II. Return to certiorari. When sufficient if in usual form, 802. Ante, force and arms, broke and entered a fishery, to wit, the sole and exclusive fishery of plaintiff, in a certain part of a river then flowing and being over the soil of one F., and then fished for fish in the said fishery of plaintiff, and the fish of the said fishery of plaintiff, I. Bastard born abroad, 769. BASTARDY, II. there found, and being in the said fishery, FOREIGNER. chased and disturbed: Conclusion, contra II. Copyright, 257. pacem. Plaintiff having recovered on this count, COPYRIGHT. FORFEITURE. Held, by the Court of Exchequer Chamber, Judgment of, 74. EAST INDIES, I. 1. reversing the judgment of Q. B., (1.) That the words "sole and exclusive fishery" were, at any rate after verdict, equivalent to "several" fishery. (2.) That the statement that the soil was in F. did not vitiate the count or render it necessary for the plaintiff to deduce title from the owner of the fee. And, (3.) (Agreeing with Q. B.) that trespass lay for the injury described. Holford v. Bailey, 426 In a cause commenced by foreign attachment in the Lord Mayor's Court, since the passing of stat. 1 & 2 Vict. c. 110, the plaintiff is still entitled to an order for special bail or a procedendo. Proceeds of. FORGERY. When not recoverable as money had and received, 187. MONEY HAD AND received, L. Usual form. FORM. When sufficient, 802. FOREIGN ATTACHMENT, Reasonable belief by party that he is acting under statute, 558. ACTION, I. 1. GENERALITY. A cause so commenced was removed into this Court by certiorari. A return was made, omitting to show that the garnishee resided within the jurisdiction of the Mayor's Court: Indictment under public acts, 911. HIGHWAY, Held no objection to the return, which was in the usual form. Day v. Paupierre, 802 2. Required even from personal representatives. V. 1. GIFT. Officers receiving, in the East Indies, 74. EAST GLEBE. Where, in an action commenced against an administrator in the Mayor's Court in London, a debt belonging to the intestate's estate is attached by the custom of London, the de- Dilapidations, 572. DILAPIDATIONS, fendant, if he remove the cause into Q. B. by certiorari, must put in special bail, or a procedendo will be ordered. Bastow v. Gant, 807 n. I. GOODS SOLD AND DELIVERED. Sale and transfer of debts, 548. DEBT, IIL |