1. Covenant against executors. Plea, plene
administravit, and a retainer. At the trial,
the defendants pleaded a plea puis darrien
continuance, to which the plaintiff re-
plied; the defendants demurred to the re-
plication. Judgment for the defendants
on the demurrer: Held, that they were
entitled to the costs incurred after the
plea puis darrien continuance, but not to
the costs of the whole cause. Lyttleton
v. Cross and another, Executors, E. 6 G. 4.
117

2. Where notice of appeal against an order
for diverting a footway was given, and
the order was not filed with the clerk of
the peace for enrolment, but the justices
who made it, before the next quarter ses-
sions, gave the appellant notice that they
abandoned the order: Held, that the jus-
tices at sessions had no power to award
to the appellant the costs of preparing to
try the appeal. The King v. Wing, E. 6
G. 4.
184

3. The sum recovered by verdict is to be
considered the debt for which the action
is brought within the London Court of
Requests' Act, 39 & 40 G. 3, c. 104, s. 12,
and therefore, where the entire debt
(which exceeded 5.) was contracted
more than six years before the com-
mencement of the action, and the plain-
tiff in answer to a plea of the statute of
limitations, proved a promise within six
years as to 31. only, it was held that the
plaintiff was not entitled to costs. Shad-
dick, Administratrix, v. Bennet, M. 6 G. 4.
769

4. Where a Court of Requests' Act, enables
a defendant to deprive a plaintiff of his
costs, if he sues in a superior court, the
defendant must make his application
for that purpose promptly, and where a
motion to enter a suggestion to deprive
the plaintiff of costs might have been
made in Easter term, but, instead of that,
a negotiation respecting the costs was
then entered into, and the motion was
made in Trinity term: Held, that it was
too late. Hippesley v. Layng, M. 6 G. 4.

865

5. Where a defendant in replevin avows as
landlord for rent in arrear, and obtains a
verdict, he is entitled to double costs, al-
though the action be really and bona fide
brought to try the title to the land.

1.

2.

Where one of five tenants in common
brought covenant on a lease for rent, pay-
able on the four most usual days of pay-
ment in the year, and the breach was that
on the 24th of June, 1824, a large sum of
money, to wit, the sum of 217. 158., one-
fifth part of the rent for three quarters of
a year of the term then elapsed, became
due from the defendant to the plaintiff,
and still was in arrear: Held, good upon
special demurrer. Henniker v. Turner,
E. 6 G. 4.

157

A. being seised in fee of an estate, by
lease and release executed upon his mar-
riage, settled the same upon himself for
life, remainder to his first and other sons
in tail, with a power to the tenant for life,
to grant leases for years, determinable on
three lives. A. afterwards granted a lease
of part of the estate in question, for the
lives of three persons therein named, and
the life of the survivor; and there was a
covenant that the lessee should quietly
hold and enjoy the premises for and
during the siad term, without interruption
of the lessor, his heirs, or assigns, or any
other person claiming any estate, right,
or interest by, from, or under him or any
of his ancestors. The lease being for
three lives absolutely, was not conform-
able to the power, and became void on
the death of A.; and his eldest son
brought an ejectment, and evicted the
lessee, two of the cestui que vies being then
living: Held, that the eldest son was a
person claiming under the lessor within
the meaning of the covenant for quiet
enjoyment: Held, secondly, that by the
words during the said term in that cove
nant the parties intended a term to con-
tinue so long as the cestui que vies sur-
vived, and not a term to continue only for
the life of the grantor. Evans v. Vaughan,
T. 6 G. 4.

261

3. A., who held an office for life in the gift
of B., agreed with C. to resign, and to
procure the appointment for him, and C.,
in consideration thereof, agreed that A.
should have a moiety of the profits. A.
resigned, and through his influence C.
was appointed, and executed a deed for
the performance of the agreement. The
agreement was not communicated to B.
In covenant by A. against C. for not pay.
ing over to him a moiety of the profits of
the office: Held, that the agreement was
a fraud upon B., and therefore, illegal
and void. Waldo v. Martin, T. 6 G. 4.

The true mode of estimating the
amount of double costs, is, first, to allow
the defendant the single costs, including
the expenses of witnesses, counsel's fees,
&c., and then to allow him one-half of 4. Covenant for non-payment of rent, stat-
the amount of the single costs, without ing, that plaintiff' and his wife, since de-

319

&c, she died without issue, leaving J. A. In an action for a false return to a writ of

ered it. Plea, that there was not timber 1. By lease and re-lease dated 1773, A. B.,

free will, and pleasure, immediately after 4. Where, in ejectment, a person obtains a

1. In ejectment for premises which had
been demised on lease to one person who
had underlet to others, it was held to be
necessary to serve all the under tenants
with a copy of the declaration.

rule to defend as landlord, the plaintiff,
nevertheless, may sign judgment against
the casual ejector, but may not take out
execution without further order: Held,
that after verdict and judgment against
the landlord, execution may be issued
against him without any further order of
the court. Doe dem. Lucy v. Bennett, M.
6 G. 4.

ELECTION OF CURATE..
See MANDAMUS, 1.

ESCAPE.

See PLEADING, 28.

EVIDENCE.

897

1. A. arrested B. on an affidavit of debt for
money paid to his use, but did not de-
clare until ruled to do so, and soon after-
wards discontinued the action and paid
the costs: Held, that this was sufficient
prima facie evidence of malice, and the
absence of probable cause to support an
action for a malicious arrest. Nicholson
v. Coghill, E. 6 G. 4.

2.

Where the tenant of a house locked it
up and quitted it, and the landlord, three
months afterwards, fixed a copy of a de-
claration in ejectment to the door: Held,
that the service was not sufficient, but
that the landlord should have treated it
as a vacant possession. Doe on the de-
mise of Lord Darlington v. Cock and others,
E. 6 G. 4.
259
2. Where a lease contained covenants to
keep the premises in repair, and to re-
pair within three months after notice,
and a clause of re-entry for breach of
any covenant, and the premises being
out of repair, the landlord gave a notice
to repair within three months: Held,
that this was a waiver of the forfeiture
incurred by breach of the general cove-
nant to keep the premises in repair, and
that the landlord could not bring eject-
ment until after the expiration of the
three months. Doe on the demise of 4.
Morecroft v. Meux and others, T. 6 G. 4.

606

21

Where a witness in a trial at law gave
evidence at variance with what he had
previously sworn in an answer in Chan-
cery: Held, that an examined copy of
that answer was admissible to contradict
him, and that it was not necessary to
produce the original answer. Ewer v.
Ambrose and Baker, E. 6 G. 4,

25

3. A plaintiff is bound to accept from a de-
fendant in custody under a ca. sa. the
debt and costs, when tendered in satis-
faction of his debt, and to sign an au-
thority to the sheriff to discharge the
defendant out of custody. And an nc-
tion on the case will lie against a plain-
tiff for having maliciously refused so to
do; and the refusal to sign the discharge
is sufficient prima facie evidence of ma-
lice in the absence of circumstances to
rebut the presumption. Crozer v. Pilling
and Moore, E. 6 G. 4.
The delivery of a newspaper to the
officer at the stamp office is a sufficient
publication to sustain an indictment for
a libel in that paper. The King v. Amph-
lit, E. 6 G. 4.

26

35

3. Copyhold lands were granted to A. for
the lives of herself and B., and in rever-
sion to C. for other lives. A. died, hav- 5. Where the plaintiff in assumpsit al-
ing devised to B., who entered and kept
possession for more than twenty years.
On his death C. brought ejectment:
Held, that the action was barred by the
statute of limitations, for that C.'s right
of possession accrued on the death of
A., inasmuch as there cannot be a gen-
eral occupant of copyhold land. Doe on
the several demises of Foster and others v.
Scott, M. 6 G. 4.

706

leged that in consideration that he would
buy a quantity of sheathing copper of
the defendant at a certain price, defend-
ant undertook that it should be good,
sound, substantial, and serviceable cop-
per: Held, that this warranty was not
proved by showing a purchase of copper
sheathing at the ordinary market price,
no express warranty having been given.

Quare, Whether such evidence would

108 7.

8.

have been sufficient to prove an allega-
tion that the defendants promised that
the article sold should be reasonably fit
for sheathing copper. Gray and another
v. Cox and others, E. 6 G. 4.
6. In assumpsit against executors, declara-
tion stated that testator made his pro-
missory note, and thereby promised to
pay J. Y. on demand 2007., and delivered
the note to him, whereby testator became
liable to pay, but did not pay, and at the
time of his death was indebted to J. Y.
for the amount of the sum secured by
the note, and interest. It then averred,
that afterwards, and after the death of J.
Y., the money specified in the note being
and remaining wholly due and unsatis-
fied, to wit, on, &c., at, &c., before A. B.,
one of the coroners for the county of N.,
it was found upon view of the body of J.
Y., then and there lying dead, by the
oaths of honest and lawful men of, &c.,
that the said J. Y. feloniously did kill and
murder himself, as by the inquisition be-
fore the coroner remaining of record
more fully appeared, by reason of which
said inquisition, and by force of the
felony, the said J. Y. forfeited to the king
the promissory note and the money due
thereon. The declaration then set forth
a grant under the king's sign manual to
the plaintiff of the note and money due
thereon, as mentioned in a certain other
inquisition, and that his majesty delivered
the note to the plaintiff, of which the de-
fendants, after the death of the testator.
had notice. Breach nonpayment by tes-
tator, or the defendants, since his death. 9.
Plea, first, non-assumpsit testator. Se-
condly, that the note became due and
payable to J. Y. in his lifetime, and that
the causes of action did not accrue to
him within six years before the exhibit-
ing of the bill; upon which plea issue
was taken and joined. Thirdly, nul tiel
record of the inquisition taken before the
coroner, upon which issue was taken.
Fourthly, that there was no such grant
as alleged in the declaration. The issue
on the plea of the statute of limitations
having been found for the defendants,
and all the other issues for the plaintiff,
it was held, on motion to enter a nonsuit,
first, that it was not necessary for the
plaintiff to produce at the trial the inqui-
sition mentioned in the king's grant, in-
asmuch as that was an office of instruc-
tion only, and not of entitling; the title
of the crown having accrued by the
felony under the coroner's inquisition.
Secondly, that the grant under the sign
manual was sufficient to pass the pro-
perty in the note.

Held, thirdly, assuming it to be neces-
sary in order to vest the chattels of a felo
de se in the crown, that the coroner's in-
quest should be found by twelve men,

that it must be taken after verdict, that
the inquest was so found. Lambert v.
Taylor and another, Executors, E. 6 G. 4.

138

Plaintiff claimed a right of common for
all his commonable cattle. The proof
was, that he had turned on all the cattle
that he kept, but he had never kept any
sheep: Held, that this was evidence of
a right for all commonable cattle, which
ought to have been left to the consider-
ation of the jury. Manifold v. Penning-
ton and others, E. 6 G. 4.

161

An attorney, town clerk, and clerk of the
peace for the borough of L., in the county
of L., upon the dissolution of a partner-
ship which had existed between him and
two other persons, entered into an agree
ment to pay to one of them (C. D.) a cer-
tain sum of money, and to use his endea-
vors to procure for him one-fourth of the
prosecutions arising in the town clerk's
office. In an action by C. D. on this
agreement, it appeared that the magis-
trates of the borough of L. commit some
offenders to be tried at the borough ses-
sions, others at the county sessions, and
others at the county assizes: Held, that
the agreement extended to all prosecu-
tions "arising in the town clerk's office,"
wherever they might be tried, and that
letters written before the agreement was
signed, could not be given in evidence to
show that the parties intended the agree-
ment to be applicable to the prosecutions
at the borough sessions only. Hughes v.
Statham, E. 6 G. 4.

187

The pauper, who rented a farm in C.,
assigned it to P. upon trust, to cultivate
it and pay the pauper's debts, &c. The
lease expired in 1817; no settlement of
accounts took place, but P., without the
authority of the pauper, then hired a
house in H. at the yearly rent of 184, to
which the pauper and his family re-
moved; and they resided there for more
than two years. The pauper never paid
any rent or taxes, but P. was rated and
paid the rent and taxes: Held, that the
pauper gained a settlement in H. by the
occupation of the house.

The owner of the house died before the
appeal was heard, and a witness proved
a declaration made by him during the
period when the pauper occupied the
house, that he had let it to him, and that
P. had guaranteed the rent. Quære, whe-
ther this declaration was properly re-
ceived in evidence. The King v. The In-
habitants of Chediston, E. 6 G. 4.
10. In assumpsit by an executrix on a pro-
missory note for 100/. made in 1814, and
payable to her testator, and for money
had, &c., it appeared on the production
of the note, that it had a threepenny re-
ceipt stamp, and a one pound agreement
stamp, and there was indorsed upon it a

230