for raising Money to defray the Expence of Actions against the Mayor and Town Clerk, relative to Elections of the Recorder and a Representative of the Borough in Parliament, dismissed upon various subsequent Transactions, es-pecially an Award, binding the Corporation at large through the select Body, acting with Authority, and upon a fair Question, whether the Purpose was Corporate, or not. Mayor and Commonally of Colchester v. Lowten. P. 226

ing as a Description of the Devi sees, Passages in a written Book, unattested, of which Probate was admitted, under a Reference in the Will to the "Observations and "Directions, which I shall leave "in a written Book." v. Adam.

Wilkinson Page 422

6. Whether, if there were also legitimate Children by the same Mother, they could take together under the same Description; and whether future illegitimate Children can take under any Description in a Will, Quære. Wilkinson 422 v. Adam.

7. Devise to Trustees, their Heirs, &c. for the Life of the Devisor's Son, to support Contingent Remainders, in Trust to permit him to receive the Rents for Life, and after his Decease to his first and other Sons in Tail: an equitable Estate in the Son: the legal Estate in the Trustees, with a legal Remainder to the first and other Sons. Biscoe v. Perkins.

DISCOVERY.

See BANKRUPT 78. RELIEF 3.

DISMISSION.

485

See PRACTICE 29. SPECIFIC PERFORMANCE 6.

DOWER.

ELECTION

3. On Appeals and Rehearings addi-

tional Evidence permitted in some

Instances. If the Rule is so, it

must be subject to Costs. 153

4. Construction of a Contract; that

a Reference of the Expences was

confined to the Expence of the

Conveyance but the Evidence of

the Attorney was admitted for the

Defendant to prove the Intention

of both Parties, according to ver-

bal Instructions, that the Plain-
tiff, the Purchaser, should also
pay the Expence of making out
the Defendant's Title. Ramsbottom
v. Gosden.

5. Parol Evidence of Declarations

by the Auctioneer at the Sale,

warranting the Quantity receiv-

ed in Opposition to a specific

Performance, on the Ground of

Fraud: not to enforce Perform-

165

ance. Winch v. Winchester. 375

EXECUTORS.

See PARTNERSHIP 2, 3. RESIDUE

1.

F.

with Notice to the Sheriff of the Injunction, and Directions to the Sheriff not to take the Plaintiff in Equity, not a Breach of the Injunction. Chaplin v. Cooper. 16 3. An Injunction, though not to be continued with a View to specific Performance of an Agreement to grant a Lease, if under a Clause for Re-entry, the Lease, when granted, would be at an End by the Tenant's Acts, was maintained upon undertaking to give Possession, when required by the Court, and paying the Rent due, by Waiver of the Forfeiture, if incurred: viz. distreining for subsequent Rent. Gourlay v. Duke of Somerset.

68

4. Whether, even without a Right of Re-entry the Court, seeing a gross Case of Waste and Breach of Covenant, not to be indemnified by Damages, would leave the Tenant