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Warren v. United Ius. Co-Hallett ads. Faugier.-&c.

3d. The writ must be allowed in open court, and is not of itself a supersedeas.

4th. The proper process to bring in the party, is by venire facias, where he is not in actual custody.

5th. Where there is a recovery against two, and one is surety merely, and the plaintiff agrees that the surety shall have the benefit of the judgment as against the other, he is entitled to the lien in equity.

6th. The granting a supersedeas, is in the discretion of the court, and under such circumstances is refused.

WARREN against UNITED INS. Co.

A verdict set aside as against evidence on the question of seaworthiness.

HALLETT ads. FAUGIER.

AN adjustment on a policy subscribed by the defendant, is, prima facie, enough to entitle the plaintiff to recover. 2d. It may be rebutted on the ground of fraud or mistake.

JUHEL &c. against CHURCH.

On a wager policy, whether by our law valid or not, the premium cannot be recovered back. If valid, it ought to be kept, if unlawful, portior est conditio possidentis.

Sleght v. Kane.-Hotchkiss ads. Gilbert.-Tylee ads. His Creditors.—&c.

Administrators of SLEGHT against KANE.

ALL acts of belligerent parties, not affected by subsequent treaty, are to be deemed lawful and valid, at the close of a

war.

2. Defendant is liable to pay his debts, although his property was confiscated.

HOTCHKISS ads. GILBERT.

JUDGMENT on bail bond refused to be set aside, being taken with full notice to the defendant, and a year having elapsed. The defendant comes too late to inquire into its regularity.

TYLEE ads. HIS CREDITORS.

A prisoner applying for relief, under the act for the relief of debtors, &c., is not liable to be personally examined on oath in court. It is enough if he takes the general oath prescribed by the act.

JACKSON against DAVIS.

AN attorney who was insolvent and confined in jail, changed, on condition that the costs due him be paid.

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People v. Pell.-Dole v. Bull & Porter.-&c.

PEOPLE ex rel. YOUNG against PELL.

A mandamus in the alternative, granted to the surrogate of Westchester, who had refused to deliver the seal and his books to his successor.

DOLE, Sheriff, against BULL & Porter.

1st. A bond at common law, conditioned that a prisoner should remain a true and faithful prisoner in the jail, is valid and not a bond for ease and favor within the statute 23d H. 6, c. 10.

2d. But a bond against escapes, which implies a permission to escape on being indemnified, has been held void, &c.

RENDTORFF & MOLLER against SANDS.

THE act of congress of the 13th June, 1798, prohibits any ship or vessel coming from France or its dependencies, from an entry, as well as French or American ships.

BAKEWELL against UNITED INS. Co.

DEER skins are not within the general memorandum in a policy respecting perishable articles, when in the same memorandum skins are warranted free from average under per cent.

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Roget v. Thurston.-Van Buren & Vosburgh ads. Van Dycks.—&c.

ROGET against THURSTON.

An exception in a policy of French risks, means any cap ture or loss by the French.

2d. A French seizure discharges the policy, and a subsequent capture by the English, is not within the risk qualified with the above exception.

3d. An abandonment may be made at any time while the loss continues total.

VAN BUREN & VOSBURGH ads. VAN DYCKS.

1st. After a long and quiet possession, a deed may be presumed.

2d. An ouster of a tenant in common, may for the same reason, be presumed.

3d. A feme covert may be disseised.

Case of MR. CAINES.

AN alien cannot be admitted as a counsellor of this court, since he cannot take the oath of allegiance, &c.

ROBERTSON & BROWN against UNITED INS. Co.

MONEY on bottomry is a special interest, and must be specially insured. An insurance on the ship will not

cover it.

Giles v. Bradley-Cobbet ads. Rush.-Wardell v. Eden.

2. The premium, in such case, allowed to be recovered back.

GILES against BRADLEY.

1. An agreement for the purchase of a negro boy, with a privilege to the purchaser to return him within a certain. time, is valid.

2. A single bill given for the consideration money is no bar.

COBBET ads. Rusн.

In debt on a judgment in a neighboring state, nil debet is a denial of the whole declaration, and the judgment must be proved.

2d. Whether the plea was proper, is a question which does not regularly arise on a motion for a new trial, and after the plaintiff has taken issue upon it.

APRIL TERM, 1801.

WARDEL against EDEN.

AFTER a judgment is assigned to an innocent third party, the court will not award an issue at the instance of a defendant, to try the fact of usury alleged by him to impeach it.

2d. After notice of an assignment, satisfaction was acknowledged and entered of record; ordered, that the same be

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