others v.
Taite and another, M.
40 Geo. 3.
Page 55
9. But not to compute charges and ex-
pences.
ib.
10. The Court will not allow non assump-
sit and alien enemy to be pleaded to-
gether. Thyat v. Young, H. 40 Geo. 3.
11. Affidavit of service of a declaration
in ejectment made by a person who
saw the declaration served, and heard
it explained to the tenant in possession,
is sufficient to entitle the Plaintiff to
judgment against the casual ejector.
Goodtitle ex dem. Wanklin v. Badtitle,
H. 40 Geo. 3.
120
12. The Defendant being arrested on a
writ returnable the last return of Mi-
chaelmas Term, put in bail on the last
day of that term, who justified on the
first day of Hilary Term; a declara-
tion was delivered on the third day of
Hilary Term, and in the same term
judgment was signed for want of a
plea: Held regular, the Defendant not
being entitled to an imparlance. Bai-
ley v. Hantler, H. 40 Geo. 3. 126
13. The allowance of a writ of error may
be served before the Plaintiff is entitled
to sign final judgment. Payne v.
Whaley, E. 40 Geo. 3.
137
14. If the writ by which a replevin is re-
moved be returnable on the first return
of the term, and the Plaintiff do not
declare within four days before the end
of that term, the Defendant is intitled
to an imparlance, though he has not
appeared within the term. Thompson
v. Jordan, E. 40 Geo. 3.
137
15. If issue be joined on one of three
pleas, and judgment be entered by
default upon the two others, the Plain-
tiff cannot execute a writ of inquiry on
those pleas on which he has judgment,
but must award jury process tam ad
triandum quamadinquirendum. Dicker
v. Adams, E. 40 Geo. 3.
163
16. When the Plaintiff enters an appear-
ance for the Defendant under the
statute, judgment may be signed with-
out any demand of a plea. North v.
Lambert, T. 40 Geo. 3.
218
17. A capias ad respondendum against
bail was tested of a day, prior to the
return of the ca. sa. against the prin-
cipal, but was not in fact sued out till
afterwards: Held regular, Pinero v.
Wright, T. 40 Geo. 3.
Page 235
18. If a Defendant be holden to bail un-
der a Judge's order, a material fact
being concealed from the Judge which
would probably have induced him to
refuse the order: the Court will on
application discharge the Defendant,
even though there was a sufficient af-
fidavit of debt, independent of the or-
der. Davies v. Chippendale, M.
282
19. But they will not discharge him from
a detainer lodged against him by a
third person while in custody under the
Judge's order.
20. To a replication of nul tiel record and
day given, if the Defendant demur,
the Plaintiff need not join in demur-
rer, but if the record is not produced
may sign judgment. Tipping v. John-
son, M. 41 Geo. 3.
21. If the Defendant's attorney admit in
effect, though not in terms, that a
writ of error sued out by him has been
brought for delay, the Plaintiff is at
liberty to proceed on the judgment.
Miller v. Cousins, M. 41 Geo. 3. 329
22. A joinder in demurrer must be sign-
ed by a serjeant. Brooker v. Simpson,
M. 41 Geo. 3.
23. If the rule of allowance of bail be
not served on the Plaintiff's attorney,
he may take an assignment of the bail
bond, though he knows of the justifi-
cation. Holland v. White, M.
41 Geo. 3.
341
24. If a declaration be indorsed "to
plead in," it must be understood
to mean within the number of days
allowed by the rules of the Court.
Hifferman v. Langelle, H. 41 Geo. 3.
term closes before the four days are
expired. Thomas v. Ward, E. 41
Geo. 3.
Page 393
27. If a Defendant being arrested upon
process in K. B. give a warrant of at-
torney to confess judgment, and be af-
terwards holden to bail in C. B. in an
action upon that judgment the Court
will discharge him upon a common
appearance. Salked v. Lands, E.
41 Geo. 3.
446
28. A Defendant who is under terms to
plead issuably, is not at liberty to take
advantage of any objections upon
of bankruptcy, the Court of C. B. will
not restrain the Defendant from plead-
ing the general issue, together with
special justifications. M'Connell v.
Hector, M. 40 Geo. 3.
See INSURANCE, 1, 2.
PREROGATIVE,
special demurrer, of which he could See EXECUTION, 1.
not have availed himself upon general
demurrer. Bell v. Da Costa, E.
446
1.
27. If A. agree to buy of B., and B. to
sell to A. goods at a certain price, to
be delivered between such a day and
such a day, and B. fail to deliver the
goods within the time; it is sufficient
for A. in declaring on the contract to
aver, that he was during all the time 2.
and still is ready and willing to receive
and pay for the goods without making
any allegation of an actual tender and
refusal. Waterhouse v. Skinner, E.
41 Geo. 3.
447
28. The Defendant in replevin having
averred in his cognizance that the
Plaintiff held the land under "a cer-
tain demise to him the said J. L., (the
The Court will not discharge a De-
fendant out of custody on the ground
of the affidavit of the delivery of the
declaration not having been filed
within 20 days of the delivery, if it be
by way of detainer. Davis v. Daven-
port, H. 40 Geo. 3.
If a prisoner be prevented from justi
fying bail by the Plaintiff desiring
further time to enquire into their suf-
ficiency, he is from the time of his
notice of justification entitled to a
demand of a plea before judgment can
be signed against him. Davies v. Chip-
pendale, H. 41 Geo. 3.
Plaintiff) theretofore made." The See COSTS, 5.
Plaintiff pleaded in bar that he did not
hold under a demise in manner and
form. Upon this Defendant obtained
an order to amend, by striking out the
words "to him the said J. L." with
liberty to the Plaintiff to plead de novo,
and that in case the Plaintiff should
PROCEEDINGS, STAYING AND
SETTING ASIDE,
plead new matter, the Defendant See STAYING AND SETTING ASIDE PRO-
should pay all the costs of the amend-
ment. The Defendant having amend.
ed accordingly, the Plaintiff demurred
specially, and assigned for cause that
it did not appear to whom the demise
was made: Held that the demurrer,
was not new matter. Lees v. Warlters,
T. 41 Geo. 3.
29. In an action of trespass, directed by
the Lord Chancellor to try a question
2 The Court will not set aside proceed-
ings, and order the bail bond to be
delivered up, because a Defendant has See FRAUDS, STATUTE OF, 1, 2.
been arrested on a special capias, in
which, as well as in the affidavit to
hold to bail, the initials only of his See AMENDMENT, 2.
Christian name were inserted. Howell
3. An agreement to confess judgment
for 301. to secure 51. and costs, is not
an agreement for more than 201. within
the 23 Geo. S. c. 58. s. 4. and therefore
need not be stamped, id. Page 150
4. An unstamped draft drawn on A. B.
bricklayer is not within the exception
of 23 Geo. S. c. 49. s. 4. in favour of
drafts drawn on persons acting as
bankers within ten miles of the place
where the draft is drawn. Castleman
v. Ray, E. 41 Geo. 3.
383
5. A written agreement for the sale of
all the hops which shall be grown upon
a certain number of acres of land, to
be delivered in pockets at a certain
place, cannot be given in evidence
unless stamped with an agreement
stamp; such an agreement not being
within the exception in the 23 Geo. 3.
s. 4. respecting agreements for the sale
of goods, wares, and inerchandizes.
Waddington v. Bristow, T. 41 Geo. 3.
STATUTES CITED OR COM-
MENTED UPON,
5. c. 22. s. 1. (Bankrupt)
3. c. 12. (Bankrupt)
5. c. 24. (Bankrupt)
7. c. 31. s. 1. (Bankrupt)
2. c. 23. (Attorney's Bill)
c. 36. (Ship's Articles)
5. c. 27. s. 4. (Process)
- c. 30. s. 7. (Bankrupt)
7. c. 8. (Stock Jobbing)
13. c. 19. (Horse Racing)
15. c. 28. s. 3. (Counterfeit Money) 127
18. c. 34. s. 11. (Horse Racing)
19. c. 32. s. 2. (Bankrupt)
1. c. 15. s. 6. (Bankrupt)
23. c. 33. s. 19. (County Court)
24. c. 44. (Copy Warrant)
3. 9. n. 32. c, 28. s. 11. (Extortion)
13. c. 7. s. 1. (Bankrupt)
c. 10. (Restraining Statute) 189. 198
29. c. 4. (Extortion)
23. c. 58. s. 4. (Stamps)
Page 217
140. et seq.
10. 2. 5.
which, as well as in the affidavit to
hold to bail the initials only of his
Christian name were inserted. Howell
v. Coleman, T. 41 Geo. 3. Page 466
STOCK-JOBBING,
See PLEADING, 14, 15.
STOPPAGE IN TRANSITU.
24. c. 44. s. 6. (Demand of a Copy of A. living at N. in Devonshire, ordered
24. Sess. 2. c. 37. (Franking)
26. c. 60. (Ship's Registry) 211. et seq.
27. c. 19. s. 8. (Ship's Registry)
31. c. 32. (Franking)
35. c. 53. s. 1, 2, 3. (Franking)
37. c. 45. (Bank Act)
37. c. 73. s. 3. (Seamen's Wages) 57
S7. c. 144. (Private Acts Croydon Inclo-
sure)
38. c. 50. s. 9. (Aliens)
38. c. 76. s. 6. (Convoy Act)
39. & 40. c. 104. (Court of Requests)
STAYING AND SETTING ASIDE
PROCEEDINGS.
goods of B. in London, who sent them
by ship via Exeter, consigned to A.,
and advised him thereof; on their ar-
rival at Exeter they were delivered to
C. a wharfinger, who received them on
A.'s account and paid the freight and
charges; after their arrival A. wrote
to B. informing him that in conse-
quence of his affairs being deranged he
should not take the goods, and telling
him that they were at Exeter; at this
time A. had committed an act of bank-
ruptcy, upon which he was afterwards
declared a bankrupt; B. applied to C.
for the goods, and tendered him the
freight and charges due, upon which
C. promised not to deliver them out of
his custody, but afterwards did deliver
them to the assignees of A. though in-
demnified by B.: Held, 1st, that B.
had a right to stop the goods in the
hands of C.; and, 2dly, that he might
maintain trover for them against C.
Mills v. Ball, T. 41. Geo. 3.
1. If A. and B. having recovered in
separate actions for libels against dif-
ferent parties engaged in the manage-
ment and publication of the same news-
papers,commence fresh actions against
the same parties, each suing that party
against whom the other has recovered,
the Court will not interfere in a sum-
mary way to set aside the latter pro-
ceedings. Martin v. Kennedy, H. 40 See COURTS, 1.
2. The Court will not stay proceedings
in an action, on the ground of a bill
depending in Chancery for the same. See PRACTICE, 25.
cause. Murphy v. Cadell, E. 40 Geo. 3.
3. When only two of three joint con- See CONTRIBUTION.
tractors are sued, the Court will not
stay proceedings upon the bail bond,
unless the Defendants undertake not
to plead in abatement. Govett v.
Johnson, T. 41 Geo. 3.
4. The Court will not set aside proceed-
ings, and order the bail bond to be
delivered up, because a Defendant has
been arrested on a special capias, in
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