5. pleaded. Westcott v. Hodges, M. 2 G. 4. Page 12 2. The condition of a bond, after reciting that defendant and I. S. had delivered and indorsed to the plaintiff a bill of exchange, drawn by I. S. and accepted by A. B., was, that defendant and I. S., or either of them, their heirs, &c. should pay or cause to be paid to the plaintiff, his executors, &c. the sum secured by the bill, within one month after it should become due and payable, in case it should not be then paid by the acceptor to the plaintiff, his executors, &c. according to the tenor of the said bill, together with interest from the time the bill became due: Held, that to an action on this bond, it was not a good plea, that the bill when due had not been presented for payment to the acceptor, or that due notice of its dishonour had not been given to the defendant and I. S., or either of them. Murray v. King, M. 2 G. 4. 3. It is not any defence at law, to an action on a bond against a surety, that by a parol agreement time has been given to the principal. Davey and Others v. Prendergrass, M. 2 G. 4. 4. Where a bond was given under 4 G. 3. c. 33. s. 1., by a member of parliament, being a trader, and after his bankruptcy, but before his certificate, judgment was obtained. in the suit in which the bond was given: Held, that the bankruptcy and certificate were no discharge to the bond. Jameson and Another, ‹ v. Campbell, M. 2 G. 4. 250 5. The condition of a bond, after reciting that A., B., and C., had filed zra, bill in equity against D. and E., was, that the obligee would pay all such costs as the Court of Chancery should award to the defendants on the hearing of the cause: Held, . 165 187 2 G. 4. by three justices (Abbott C. J. dubitante), that the death of E. before any costs awarded could not be pleaded in discharge of the bond. Kipling v. Turner, M. Page 261 Debt on a bond given to plaintiff, as treasurer of a friendly society: Plea, that the rules of the society had not been confirmed at the quarter sessions, pursuant to 33 G. 3. c. 54.: Held, upon demurrer, that the plea was bad, the bond being a good bond at common law. Jones v. Woollam, E. 3 G. 4. 769 BROKER. See PRINCIPAL AND AGENT, 3. A pawnbroker is a broker within the 5 G. 2. c. 30. s. 39., and therefore subject to the bankrupt laws. Rawlinson v. Pearson, M. 2 G. 4. 124 1. CARRIER. A parcel which, with its contents, exceeded 57. in value, having been delivered to A. and B., common carriers, to be carried by their mail-coach, was accepted by them to be so carried, and was actually put into the mail, and carried by that conveyance a short distance; it was then taken out of the mailcoach by a servant of the carriers, and left to be forwarded by another coach, of which 4. was one of the proprietors, but in which B. had no concern; and the parcel was lost. The carriers had previously given notice that they would not be responsible for any package containing specified articles, or which, with its contents, should exceed 51. in value, if lost or damaged, unless an insurance were paid: Held, that, notwithstanding this notice, the carriers were responsible for the parcel in ques tion, in consequence of their having delivered it to be carried by another coach, of which one of the carriers only was proprietor. Garnett and Another v. Willan and Jones, M. 2 G. 4. Page 59 2. A parcel containing country banker's notes, of the value of 1300l., and addressed to their clerk, in order to conceal the nature of its contents, was delivered to the carrier, without any notice of its value, to be carried by a mailcoach, and was accepted by him to be so carried. The parcel was sent by a different coach, and was lost. The carriers had previously given notice that they would not be answerable for any parcel above 5l. in value, if lost or damaged, unless an insurance were paid. No insurance having been paid in this case, Held, notwithstanding that the carrier was responsible for the loss. Sleat and Others v. Fagg, H. 2 and 3 G. 4. 342 3. A carrier had given notice that all goods would be subject to a lien, not only for the freight of the particular goods, but also for any general balance due from their respective owners. Goods having been sent by the carrier, addressed to the order of J. S., a mere factor: Held, that the carrier had not, as against the real owner, any lien for the balance due from J. S. Query, whether, if the notice had been, that all goods, to whomsoever belonging, should be subject to a lien for any general balance that may be due from the persons to whom they are addressed, he would have any right to retain the goods for the balance due from J. S. Wright v. Snell and Others, H. 2 and 3 G. 4. 350 CERTIORARI. The 17 G. 3. c. 56. s. 22. takes away VOL. V. the writ of certiorari only from offences for the first time, created by 22 G. 2. c. 27., and does not apply to those created by 12 G. 1. c. 34., and extended to the silk and cotton trades, by 22 G. 2. c. 27. Rex v. Rogers, E. 3 G. 4. Page 773 COMMISSIONERS. See SEWERS. An inclosure act empowered the commissioners to make a rate to defray the expenses of passing and executing the act; and enacted, that persons advancing money should be repaid out of the first money raised by the commissioners. Expenses were incurred in the execution of the act before any rate was made. To defray these expenses the commissioners drew drafts upon their bankers, requiring them to pay the sums therein mentioned, on account of the public drainage, and to place the same to their account, as commissioners. The bankers, during a period of six years, continued to advance considerable sums by paying these drafts: Held, that the commissioners were personally responsible to the bankers for the drafts so made. The latter having from time to time made half-yearly rests in the account, and charged interest upon the balance then struck, and the commissioners having assented to that mode of keeping the accounts, it was held, that this mode of charging interest half-yearly was not unlawful on the ground of usury. Eaton and Others v. Bell, M. 2 G. 4. Page 34 COMMITMENT. A commitment for a contempt, being a commitment for punishment, must be for a time certain, and consequently a commitment for a contempt till the defendant is discharged by due course of law, is bad. Rex v. James, T. 3 G. 4. Page 894 COMMON. See TITHE, 1. INCLOSURE ACT, 1. COMPOUND INTEREST. See USUBY, 1. CONSTABLE. 1. A constable apprehended an offender for a misdemeanor committed in his presence in a place of religious worship, and carried him before a magistrate, and was bound over by recognizance to prosecute him for the offence: Held, that the expenses of such a prosecution were not monies expended by him in doing the business of his township, and that he could not charge them in his accounts, under 18 G. 3. c. 19. s. 4. Rex v. Seville and Others, M. 2 G. 4. 180 2. Where, in an application for a quo warranto against a constable, the affidavits in support of the rule stated, that for 50 years back, and as long as deponents could recollect, there had been a custom in the town to elect a constable in a particular mode, but did not expressly state that they believed such custom to be immemorial: Held, that it was not sufficient. Rex v. Lane, H. 2 and 3 G. 4. 488 CONTINUANCE. See PRACTICE, 4. CONTUMACE CAPIENDO, WRIT OF. See WARRANT.. CONVICTION. Where the sessions, without hearing the merits, quashed a conviction under 39 and 40 G. 3. c. 106. s. 4.. for a defect in form, the Court of King's Bench will, upon a removal of the order by certiorari, quash the order of sessions, if they are of opinion that there is no defect in form, and send the case back to be heard upon the merits; it was stated in such conviction that defendants had attended a meeting for carrying on a combination of journeymen, for the purpose of obtaining an advance of wages: Held, that this expression was synonymous with the words of the act, which prohibits combinations to obtain an advance of wages, and that the conviction was sufficient. Rex v. Ridgway, H. 2 and 3 G. 4. Page 527 COPYHOLD. See BANKRUPT, S. 1. Where, by the custom of a manor, a feme covert was allowed by will to pass her copyhold lands, the same having been previously surrendered by husband and wife, (the wife having been examined separate and apart from her husband, and consenting thereto,) to the use of her will: and a feme covert being seised of copyhold lands in the manor, made her will subsequently to the 55 G. 3. c. 192., and there was no surrender to the use of her will: Held, that the copyholds did not pass by the will, the 55 G. 3. c. 192. having only sup plied the want of a formal surrender, and the surrender in this case being matter of substance, and requiring to be accompanied by the separate examination of the wife. Doe dem. Nethercote v. Bartle, H. 2 and 3 G. 4. 492 2. Where 2. Where a copyholder has been ad-] mitted to a tenement and done fealty to the lord of a manor, he is estopped in an action by the lord for a forfeiture from shewing that the legal estate was not in the lord at the time of admittance. Doe dem. Nepean, Bart. v. Budden, E. 3 G.4. Page 626 COPYRIGHT. 1. The manager of a theatre having publicly represented for profit a tragedy, altered and abridged for the stage, without the consent of the owner of the copyright, is not liable to an action, although the tragedy had been previously printed and published for sale. Murray v. Elliston, E. 3 G. 4. 657 2. The vendor of a print, being a copy in part of another, by varying in some trifling respects from the main design, is liable to an action by the proprietor of the original; and that although the vendor did not know it to be a copy. West v. Francis, E. 3 G. 4. 737 CORPORATION. See ASSUMPSIT, 2. COSTS. See PRACTICE, 2. 7. 8, 9, 10. 15. 16. 28. 32. 49. COUNTY RATE. By charter the king granted, that the steward and suitors of a manor should have power to hold a court for the determination of civil suits, and there had been a non-user of the court for 50 years, (except for the purpose of levying fines and suffering recoveries): Held, that this court being for the public be 1. A covenant to insure against fire premises situated within the weekly bills of mortality mentioned in 14 G. 3. c. 78., is a covenant that runs with the land. Vernon v. Smith, M. 2 G. 4. 1 2. A covenant by a lessee, that he will sufficiently muck and manure the land with two sufficient sets of muck, within the space of six of the last years of the term, the last set of muck to be laid upon the premises within three years of the expiration of the term, is satisfied by the tenant's laying on two sets of muck within the three last years of the term. Pownall v. Moores, H. 2 and 3 G. 4. 416 CUSTOM HOUSE OFFICERS. minate a magistrate took place twelve months before the application to the Court, they refused to grant a criminal information, although the prosecutor, in order to excuse the delay, stated that the facts had not come to his knowledge till very shortly previous to the application. Rex v. Bishop, E. 3 G. 4. Page 612 3. An information for perjury stated, that defendant, before a committee of the House of Commons, being duly sworn, deliberately and knowingly, and of his own act and consent, did say, swear, and give 1. in evidence, &c. It then set out the evidence so given. The count then averred, that the defendant, at the bar of the House of Lords, being duly sworn, deliberately and knowingly, and of his own act and consent, did say, swear, and give in evidence, &c. It then set out his evidence, which was directly contrary to that given before the House of Commons; and concluded (after averments as to the identity of the persons and places referred to in the evidence on both occasions), and so the jurors aforesaid do say, that the said E. H. did commit wilful and corrupt perjury Held, on motion in arrest of judgment, that this count was bad. Rex v. Harris, T. 3 G. 4. CUSTOM. 926 Where in an application for a quo warranto against a constable, the affidavits in support of the rule stated that for 50 years back, and as long as deponents could recollect, there had been a custom in the town to elect a constable in a particular mode, but did not expressly state that they believed such custom to be immemorial: Held, that it was not sufficient. Rex v. Lane, H. 2 and 3 G. 4. 488 DAMAGES. See PRACTICE, 27. 35. DEBT. See PRACTICE, 39. DEED. Where there were two assignments of the same lease of premises within the county of Midlesex, and that executed last was registered first: Held, that the deed last registered must, in a a court of law, be considered as fraudulent and void in consequence of 7 Ann. c. 20. s. 1., although the party claiming under the second assignment had full knowledge when it was executed of the prior execution of the first assignment. Doe dem. Robinson v. Allsop, M. 2 G. 4. Page 142 2. Where a defendant's ancestor came into possession of certain lands in 1752, as a creditor under a judgment, obtained against the then owner of the land, and defendant's family had continued in possession ever since: Held, that the original possession having been taken, not under any conveyance, the length of possession was only primâ facie evidence from which a jury might infer a subsequent conveyance by the original owner or some of his descendants; but that it might be rebutted, and that the jury must not presume such conveyance from length of possession, unless they were satisfied that it had actually been executed. Doe dem. Fenwick and Others v. Reed, M. 2 G. 4. 232 3. By a composition-deed, reciting that |