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II. To try issue of Adultery.
III. New trial on.

1. Discretionary with the Court.

1. In certain specific cases it is the common course in chancery to order an
issue to be tried at law, but in all cases, it is in the sound discretion of that

If the case do not require the trial of an issue the chancellor ought
to decide. Le Guen v. Gouverneur f Kemble, 605. See vol. 1, p. 436.

court.

II. To try issue of Adultery.

2. Feigned issued from chancery to try the fact of adultery. Confessions of
the wife connected with other proof, and not fraudulently made, admitted.

Doe v. Roe, 424.

III. New trial on.

3. A motion for a new trial on a feigned issue, directed by the chancellor, not

decided, on the ground that it properly belongs to the court of chancery.
Motion for a new trial on a seigned issue from chancery, refused to be heard.

Doe v. Roe, 560, 564.

JAIL LIBERTIES.

I. Bond for, when good.
II. Escape from.
III. Law establishing, not contrary to the Constitution

of the United States.

I. Bond for, when good.

1. 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 230 H. 6, c. 10.
But a bond against escapes, which implies a permission to escape on being

indemnified, has been held void, &c. Dole v. Bull g Porter, 498.
See vol. 2, p. 239.
2. A condition of a bond for the privilege of the liberties within the terms of

the act, though not to the extent of those terms, is good.
Quere, whether the sheriff is bound to take such bond ?

Dole v. Moulton, 489. See vol. 2, p. 205.

Il. Escape from.
3. An accidental stepping over the line by a prisoner, like a negligent escape

and recaption, is not a breach of the condition, unless the sheriff be thereby
damnified. Vole v. Moulton, 489. See vol. 2, p. 205.
VOL. III.

98

4. The act, (sess. 24, c. 91,) as to jail liberties, is imperative on the sheriff

who is bound to grant the liberties to the prisoner on his tendering a suffi-
cient bond; but as this bond is intended only for the sheriff's indemnity,
he may waive it, and grant the liberties, without taking the bond ; and he
will not therefore, be liable for an escape.

Holmes v. Lansing, 73. See 446, 535.

III. Law establishing, not contrary to the Constitution of

the United States.

5. The prohibition in the 10th section of the first article of the constitution

of the United States, does not extend to the municipal regulation of the
present states, which modify the process and proceedings relative to the
recovery of debts, as establishing jail liberties, g-c.

Holmes v. Lansing, 73. See 446, 535.
Cases and authorities, 75, 76, n. (b) and (c.)

See EscAPE.

JUDGMENT.
1. Arrest of.
II. Conclusiveness of.
III. Lien of
IV. Satisfaction of, by Plaintiff, after Assignment and

Notice.
V. Trial of Issue of Usury in.

I. Arrest of
See PRACTICE

II. Conclusiveness of.

1. The decision of a court of competent jurisdiction is final on the subject

matter before it. Le Guen v. Gouverneur f. Kemble, 605.
See vol. 1, p. 436.

See EviDENCE. ESTOPPEL. INSURANCE.

III. Lien of

2. A judgment docketted or filed does not bind a leasehold estate for years.

Vredenburgh v. Morris, 447. See vol. 1, p. 223.

IV. Satisfaction of, by Plaintif, after Assignment and

Notice.
3. After notice of an assignment, satisfaction was acknowledged and entered
of record; ordered, that the same be vacated, and the parties be left in
statu quo as to the claims of the assignee. The court will thus take notice
of the rights of an assignee. Wurdel v. Eden, 500. See vol. 2, p. 258.

V. Trial of Issue of Usury in.

4. 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 al-
leged by him to impeach it.

Wardel v. Eden, 500. See vol. 2, p. 258.
5. A seigned issued awarded to try the fact of usury, a judgment having been

entered by confession on a warrant of attorney, accompanying the bond,
&c. Giibert v. Edens, 501. See vol. 2, p. 280.

JUDGE'S ORDER.

See PRACTICE.

JURY, DISCHARGE OF.

1. The court may dismiss a jury in a case misdemeanor, where it appears
after a full experiment that they cannot agree.

The People v Olcott, 512. See vol. 2, p. 301.
2. On an indictment for a misdemeanor as an inspector of an election, the

jury were detained a long time, (- hours,) and several times retired and
returned to the bar, and could not agree. This appearing to be sincere on
their part, the court considered it necessary to discharge them, and did so
without the consent of the defendant. Held, it was proper and in the dis.
cretion of the court, in the case of a misdemeanor, as in civil cases, and
that the defendant was again liable to be tried.
The People v. Denton, 505. See vol. 2, р

275.
See CONSPIRACY.

JUSTICE AND JUSTICES' COURT.

1. Abatement.
II. Adjournment.
[[I. Actions against, for want of Jurisdiction.

1. When liable.

2. When not liable.
IV. Certiorari to.
V. Declaration and Practice.
VI. Joint Debtors.
VII. Jurisdiction.

I. Abatement.

1. In error on certiorari, a plea in abatement after a plea in chief is a nullity

and need not be answered. Palmer v. Greene, 427. See vol. 1, p. 101.

II. Adjournment.
2. The justice without the consent of parties had no power to adjourn the
trial beyond six days, and for this cause judgment reversed.

Palmer v. Greene, 427. See vol. 1, p. 101.

III. Actions against, for want of Jurisdiction.

1. When liable.
3. Where a point is reserved by the judge at the trial, it belongs to the plain-
tiff to prepare the case and open the argument.

Percival v. Jones, 453. See vol. 2, p. 49.
4. If such courts exceed their powers, they become trespassers.

Case v. Shepherd, 476. See vol. 2, p. 27.

2. When not liable.
5. Where judgment was recovered before a justice, who asked the defendant

if execution should issue, and the defendant said he did not care how soon,
and did not state that he was a freeholder, and had a family, or claim any
exemption from imprisonment; and the justice there upon, without any di-
rections from the plaintiff, who was not present, issued an execution against
the body of the defendant, on which he was imprisoned 30 days; in an
action brought by him against the justice, for assault and battery and false
imprisonment, it was held that the justice was not liable.

Hess v. Morgan, 84. Cases and authorities, 86, n. (a.)

IV. Certiorari to.

6. A certiorari commanding a justice, among other things, to return the tes-

timony, must be obeyed at his peril, according to its legal effect, but he

need not return the evidence. Van Patten v. Oudurkirk, 469.
See vol. 2, p. 108.
7. On certiorari. No place being stated in the summuns where the court

would be held, and defendant must appear, and the defendant not appear-
ing and the judgment against him by default, it was reversed.
Case v. Van Ness, 464. See vol. I,

P.

243.

V. Declaration and Practice.
8. On certiorari.
1. A formal issue before a justice not necessary.
2. The sum in each count being laid over £10 and under £80, when the
narr. concludes with damages to £10 only, on error.

Culvil v Dolph, +59. See vol. 1, p. 333.

9. On certiorari. The plaintiff had a summons by the name of Carner, and

judgment by default was given by his right name. Held, too late to ob-
ject to this variance. The defendant below ought to have appeared and
objected there. Judgment affirmed.

Ford v. Gardner, 464. Seo vol. 1, p. 243.

VI. Joint Debtors.

10. Judgment before a justice against two joint debtors, when one only ap-
peared, reversed. But see the Revised Act provides for that case.

Jones and Crawford v. Reed, 424. See vol. 1, p. 26.

VII. Jurisdiction.

11. A justice has no jurisdiction where an executor or administrator is a party.

Wells v. Newkirk, 448. See vol. 1, p. 238.
12. A justice has no jurisdiction in case for a malicious prosecution.

Main v. Prosser, 435. See vol. 1, p. 130.

KAYADEROSSERAS PATENT.

The commissioners who divided Kayaderosseras patent, in 1770, adopted the

true construction of the patent, as to the northwestmost head of the Kay-
aderosseras credit ; and in running a line due north, to the object, where
the course mentioned in the patent was northerly.

Jackson, er dem. Woodworth v. Lindsay, 86 and 87, n. (a)

LACHES.

See AGENT. BAIL. BILLS OF EXHANGCE, AND PROMIS-

SORY Notes.

LANDLORD AND TENANT.

1. An offer or request to be considered, the tenant of the lessor not accepted,

or answered, does not create a tenancy, or the relation of landlord and te-

nant, the defendant then and before holding under a different right.
2d. The written acknowledgment of the defendant, that the land belonged to

lessor, is prima facie evidence of a right to recover ; but such acknowledge
ment may be explained, &c., by desendant, and shown to be founded in
mistake.

Jackson, er dem. Viely and Clark v. Cuerden, 519. See vol. 2, p. 354.
2. Tenant at sufferance cannot maintain trespass against his landlord.

Wilde v. Cantillon, 435. See vol. 1, p. 422.

LEASE.

See EJECTMENT. DISSEISIN.

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