in which they were when he let
them, and not to rebuild any addi-
tional parts which may have been
erected by the tenant. Loader v.
Kemp,
Page 375

COUNTY COURT.
See SHERIFF, 3.

COURT OF CONSCIENCE. A Court for the recovery of debts under 40s. may give judgment for the plaintiff, although it appear the debt was above 40s., if the plaintiff will waive so much of his debt as will bring his claim under 40s., provided there be nothing in the act of Parliament constituting that Court which prevents its so doing. The judgment of a Court for the recovery of debts under 40s. is not conclusive; but proof that the plaintiff sued there for the debt he now seeks to recover, and that his complaint was dismissed on merits, is proper for the consideration of the jury. Barnes v. Winkler,

COURT MARTIAL.
See FALSE IMPRISONMENT, 1.

CREDIT.

See ATTORNEY, 5.

DAMAGES.

345

tained a day rule in the usual form, permitting him to go abroad to transact his affairs, and advise with his counsel, and to return the same day; he went to Sadler's Wells Theatre, where he was seen as late as half-past eleven in the evening: Held, that if he returned within the ambit of the prison before twelve at night, the Warden could not be liable in an action for an escape, notwithstanding the abuse and misapplication of the rule. Ruthven v. Brown, Page 535

DEBT.

See STATUTE OF FRAUDS, 1. In an action for money had and received, if it appear that the defendant received the money from the plaintiff to carry to a bank, and that instead of so doing, the defendant kept it; the Judge will leave it to the jury to say whether the defendant received it with an intent to steal it, and then feloniously converted it; and if the jury find this in the affirmative, the Judge will direct a verdict to be entered for the defendant, and that the defendant shall be tried for the felony on this finding. Prosser v. Rowe,

DECEIT.

See GOODS RETURNED, 1,

DECLARATION.

421

See AGREEMENT, 3.-MALICIOUS ARREST.-WARRANTY, 4.

DEEDS.

Deeds ought to be attested in the same room in which they are executed, and not carried away for attestation; the witnesses ought to be careful that they hear the formal words of delivery used; and it is highly expedient that the party executing should state that he fully understands what he is executing. But to make the party designate

cumbent are not bound to put the rectory house into a finished state of repair, but are only bound to restore what is actually in decay, and to make such repairs as are absolutely necessary for the preservation of the premises. Percival (Clerk) v. Cooke, Page 460 2. If the present incumbent has repaired with timber which grew on the glebe, the executors of the late incumbent are entitled to be allowed for the value of such timber, in the estimate of dilapidations due from them. Ibid.

DISTRESS.

See WAREHOUSE, 1.

1. A lodger may maintain an action if his goods are taken on an excessive distress by the landlord of the party under whom he occupies. Fisher v. Algar,

374

2. The request of the tenant will justify the landlord in detaining the goods of a lodger upon the premises, beyond the proper time of selling, if he did not know which were the goods of the lodger, and which those of the tenant. Ibid. 3. Barges lying in a river, close to a wharf, and fastened to piles intended partly for the support of the wharf, and partly that barges may be attached to them, may be distrained for rent due in respect of the wharf, they being as much on the premises demised as the nature of the thing will admit of. Buszard v. Capel,

541

A landlord has no right to distrain for double rent upon a weekly tenant, who holds over after notice to quit. Sullivan v. Bishop, 359

DOWER.

Ejectment does not lie for dower

which has not been assigned. Doe d. Nutt v. Nutt, Page 430

EJECTMENT.

See INSOLVENT, 1.-DowER, 1. 1. In an action of ejectment the plaintiff must be nonsuited, if it be proved that a notice to quit at the end of six months was given by the lessor of the plaintiff to the occupier of the premises, a short time before the bringing of the action. Doe d. Scott v. Miller, 348 2. In ejectment by an heir-at-law against a defendant, who claims under a lease granted by an ancestor of the lessor of the plaintiff, if such lease, being in the hands of the lessor of the plaintiff, be produced at the trial by him on notice, it may be given in evidence without proof of its execution by the subscribing witness. Doe d. Tindale v. Hemming, 462

EMBEZZLEMENT. The statute 53 Geo. 3, c. 63, for preventing the embezzlement of securities, &c. by agents, applies only to persons to whom such securities, &c. are entrusted in the exercise of their function or business. Rex v. Prince,

ENTRIES, OLD.

See PARISH, 1.

ESCAPE.

See DAY-RULE, 1.

ESTIMATE.

517

2. If an engineer, employed as above, makes a low estimate, and thereby induces persons to subscribe for the execution of the work, who would otherwise have declined it; and it turns out afterwards that such estimate is incorrect, either from negligence or want of skill, and that the work cannot be done but at a much greater expense, he is not entitled to recover any thing for his trouble in making such estimate. Moneypenny v. Hartland, Page 378

EVIDENCE. See ADMISSION.-AGREEMENT, 2.— ALLEGATION, 1.-ASSAULT, 1, 2— BANK NOTES.-BANKRUPT, 14.CHECK, 1, 2.-COINING AND UTTERING, 2.-CONSTRUCTION, 1.— CONTRABAND, 1.-COPYRIGHT, 1. -Covenant, 2.-Damages, 1.— EJECTMENT, 2.-FALSE IMPRISONMENT, 1, 2.-FALSE REPRESEN TATION, 1.-FINE, 1.-FOREIGN STATE, 1.-HUSBAND AND WIFE, 2, 3. INDICTMENT, 1.-LARCENY, 1, 2.-LIBEL, 2, S.—MAGISTRATe, 1. -MILLER, 2.-PARISH, 1.-PARTNER, 2.-PATENT, 1.-PLEADING, 1.-PRACTICE, 4, 6, 7.—PROMISSORY NOTE, 1.-REGISTRY OF DEEDS, 1. SEDUCTION, 1.-SIGNATURE, 1. SLANDER, 2.-STOPPING IN TRANSItu, 1.—Timber, 1.—TITHES, 2.— WARRANTY, 3.-WILL, 1.-WRIT OF RIGHT, 5.-WRITING, HAND, 1. 1. The fact of a letter having been sent to a woman some years before her death, is not sufficient to raise a presumption that such letter is in the custody of her executrix three or four years after, as the testatrix might have destroyed it in her lifetime. Drew v. Durnborough.

198

2. A person to whom certain letters, required to be produced on a trial, were written, said that he had searched in a particular box in which he thought he had put them, without be

305

4. In assumpsit on an attorney's bill, where the charges are for business done for two persons, partners, if one only is sued, and there is no plea in abatement, the other may be called as a witness for the plaintiff. Fawcett v. Wrathall, 5. The Judges will not in general admit an accomplice as king's evidence, though applied to for that purpose in the usual way by the counsel for the prosecution, if it appear that such accomplice is charged with any other felony than that on the trial of which he is to be a witness. 411

6. If a prisoner in gaol on a charge of felony ask the turnkey of the gaol to put a letter into the post for him, and after his promising to do so the prisoner give him a letter addressed to his father; and the turnkey, instead of putting it into the post, transmit it to the prosecutor, this letter is admissible in evidence against the prisoner, notwithstanding the manner in which it was obtained. Rex v. Derrington, 418 7. On an indictment for a larceny,

if the prosecutor rests his case on the prisoner's recent possession of the goods, and the prisoner call a witness to prove that he (the prisoner) bought them of J. S.; if the prosecutor call J. S., he can only ask him as to such matters as go to negative the prisoner's case, and cannot prove by him that he saw

FALSE IMPRISONMENT. 659

the prisoner commit the theft. Rex v. Stimpson,

Page 415 8. If the declaration of the prisoner,

in which she asserts her innocence, be given in evidence on the part of the prosecution, and there be evidence of other statements confessing guilt, the Judge will leave the whole of the conflicting statements to the Jury for their consideration; but if there be in the whole case no evidence but what is compatible with the assertion of innocence so given in evidence for the prosecution, the Judge will direct an acquittal. Rex v. Jones,

EXECUTION.

See SHERIFF, 1.

EXECUTOR.

629

See STATUTE OF LIMITATIONS, 1.WITNESS, 5.-TROVER, 3.

FABRICATION OF SHARES. See JOINT STOCK COMPANY, 3.

FALSE IMPRISONMENT.
See BROTHER, 1.

1. Action for false imprisonment by a master of a man of war against his captain. The defendant pleaded two sets of pleas. The first set stated that he imprisoned the plaintiff in order to bring him to a court martial for disobedience of his orders, quarrelling, &c. The second set averred, that the imprisonment took place in consequence of charges brought against the plaintiff by a superior officer. The sentence of a court martial held to investigate the charges is not receivable in evidence on this state of the pleadings; but to make it so, it should be pleaded as an estoppel; and it is open to the Jury,

660 FALSE IMPRISONMENT.

if they believe that the imprisonment took place on the charges stated in the first set of pleas, to inquire into the truth of those charges, notwithstanding the deci. sion of the court martial upon them. Hannaford v. Hunn,

232

Page 148 2. If three defendants have jointly imprisoned the plaintiff, the declaration of one of the defendants, made three weeks after, in the absence of the others, tending to shew that the imprisonment arose from malice, is admissible in evidence in an action for false imprisonment brought against all the three. Wright v. Court, 3. If in an action for false imprisonment two of the defendants are acquitted, because they were constables, and the venue was not laid in the proper county, another defendant is not entitled to be acquitted as acting in their aid, if in his plea he state that he, as owner of a certain house, and the other defendants as constables acting in his aid, took the plaintiff, &c.' Bond v. Rust, 4. If a party be turning towards the wall in the street at night for a particular occasion, a watchman is not justified in collaring him to prevent his so doing. Booth v. Hanley, 288 5. If a constable tell a person given into his charge, that he must go with him before a magistrate, and such person in consequence goes quietly, without any force being used by the constable, it is a sufficient imprisonment to support an action of trespass. Chinn v. Morris, 361 6. If a reasonable charge of felony be made against a person, who is given in charge to a constable, the constable is bound to take him, and will be justified in so doing, although the charge may turn out to be unfounded. If a person be

342

FALSE REPRESENTATION.

taken by a private individual without warrant, on suspicion of felony, and will not tell his name, and otherwise conducts himself, so as to excite suspicion; this only goes in mitigation of damages, if it turn out that no felony was committed. The stat. 3 Geo. 4, c. 55, s. 21, which relates to the apprehension of reputed thieves without warrant, only extends to persons generally reputed to be thieves, and not to persons suspected of a particular theft. Cowles v. Dunbar,

Page 565 7. If A. imprison B., and in continuation of that imprisonment A. deliver B. to the charge of C., who keeps B. in custody, the acts and declarations of C. are evidence against A. in an action for false imprisonment. Powell v. Hodgetts,

432

S. In an action for false imprisonment, the defendant justified under the 1 Geo. 4, c. 56 (commonly called the petty trespass act), as the owner of land on which the plaintiff was trespassing. It was held that to make out his justification, he must give positive proof of actual damage being done, so as to enable the Jury to decide on the quantum of it; and that the Jury were not to presume damage from the mere fact of a trespass being committed.-Semble, that the principle of this decision will apply to the substituted provisions of the 7th & 8th Geo. 4, c. 30, the above act of 1 Geo. 4, having been wholly repealed by the 7 & 8 Geo. 4, c. 27. Butler v. Turley, 585

FALSE REPRESENTATION. If the declaration state that the defendant falsely represented that in his public-house "his returns had averaged and then averaged 300l. a month"- this allegation is proved by evidence that he said he was