case redwood against coward palace court S c salk S c Mod S c ld ray S c holt  error out of the palace court in a action on the case the error assign be that  a swearer assident financial loss where it shall be tribute payer the court  adjudge either of they well enough though neither of they proper
case redwood against coward Trinity term will roll a verdict enter that the  jury assident instead of tribute payer financial loss will not make the record  erroneous S c salk S c Mod S c ld ray S c holt Writ of error upon a judgement  for the plaintiff in the palace court the error be assign in the judgement  itself for it be that the jury assident financial loss instead of tribute  payer it shall have be in the present tense it be like to retake financial  loss instead of recupere which can be good now though both these word may have  the same signification as concession be be the same with to look at closely be  c see car c S a yet usage have make the word tribute payer to be the proper  word in such case modern to which it be answer that assident be the most  proper word for it come from to attend to so do assessor and the jury be the  assessor of the damage and the court be of the same opinion but will not allow  concession and to look at closely to be the same for it may be concession and  often be without to look at closely be
case reek against thomas Administration durante minoritate of executor  determine at seventeen of administrator at twentyone ante debt upon a bind by  administrator durante minoritate of one entitle to be administrator as  residuary legatee aver that the say person be under twentyone year the  defendant demurrer because as appear by his averment his administration be  determine or at least may be so for if the legatee be of seventeen year of age  though under twentyone as it be pretend the administration of the plaintiff  will cease like to administration durante minoritate of a executor modern  report but it be resolve that there be a great difference as to this point  between administrator during the minority of one entitle to be administrator  as residuary legatee or other person and when it be during the minority of a  executor for in the last case the administration determine immediate upon the  executor arrive at seventeen and the infant be Self facto executor before to  all purpose but to bring action but in the other case the administration do  not determine till the legatee or other person age of twentyone and there must  be a act do before the legatee be entitle to administer and this be the  practice in the spiritual court vide Atkinson v Cornish a and dubois v dubois  b so note the diversity for when it be grant during minority of such a one  executor that be during his minority quatenus executor which be till seventeen  but when it be during minority of I S or residuary legatee that be till the  legal age of twentyone and there be a interest vest in the administrator by  Act of parliament upon the grant of the ordinary so that if it be during the  minority of one appoint executor his time to administer be till seventeen and  when that come his authority cease but in the other case the sense of the word  minority be leave to construction upon the Act of parliament and that must be  accord to commonlaw of legal age judgement be give for the plaintiff
case reeve against digby Trinity term car roll in a action for disturbance of  common by dig turf and make a fishpond on issue whether sufficient common  remain a verdict find disturbance as to the turf and no disturbance as to the  fishpond be not repugnant for it be in different respect roll Abr hob ander  Mod latch Hardres lev dougl error of a judgement in the common plea in a  action upon the case for the disturbance of use his common in a certain place  call the lake and show the prescription of common and the disturbance by dig  forty thousand turf and make of a fishpound the defendant plead that he be  lord of the manor and improve the say several parcel accord to the statute  leave sufficient common in the residue issue be thereupon the jury find as to  the parcel where the dig of the forty thousand turf be that the defendant have  not leave to the plaintiff sufficient common and assess damage five shilling  and cost and as to the dig of the croak car er p fishpond that the defendant  have leave to he sufficient common and upon this verdict judgement be give for  the plaintiff for the first which be direct find against the defendant and for  the other part for dig of the fishpond judgement be for the defendant and the  plaintiff in pity the error hereupon assign be that this verdict be repugnant  to find that he have not sufficiency of common and that he have sufficiency of  common wherefore the first find for the plaintiff be good and the find of the  second which be repugnant be void and the judgement be for the defendant for  part be erroneous and of that opinion be Berkley because it be one entire  issue but I hold that the verdict be good enough for it be in to visit looking  back and it may be he have sufficient common notwithstanding the fishpond and  have not sufficient in respect of dig the turf so the damage to the plaintiff  be only by reason of the dig of turf and Jones doubt thereof per quod  adjournatur
case reeve against long see S c Mod e r with note S c Mod S c lev S c salk S c  skin S c comb S c Carth S c holt S c Eq Abr Mod cite error in the court of  common plea in e ejectment special verdict I long seize in fee have three  brother a b and c and devise these land to a for life remainder to the first  son of a in tail male and so to the second and three son and for default of  such issue to b for life and to his first second son c in like manner the  devisor die a be unmarried a marry and die without issue bear but the wife be  privement enceinte with a son who be bear after the judgement in the common  plea be that the posthumous son have no title and it be affirm here and they  hold that a remainder to the first son of a be a contingent remainder and so  must take effect accord to the rule in archer case but at the time of the  death of a there be a default of issue male on which the estate vest in the  possession of b and shall not be remove against the birth of a son after and  this be no executory devise upon the rule lie down in sand where a contingent  estate be limit to depend on a freehold capable to support the remainder it  shall never be construe a executory devise this judgement be reverse in the  house of lord a a see S c Mod modern report er p
case reeve against winnington Michaelmas term car roll a devise of all my  estate to my wife passes a estate in fee SC Mod SC Eq Abr by direction out of  chancery a special verdict find I S to be a freeman and citizen of London and  to be seize of a estate in feesimple in the house in question and that she  intention to make his will and testament he say these word I hear John reeve  who be plaintiff and heir to the testator be inquire after my death but I be  resolve he shall have nothing but what his father leave he and I give all my  estate to my wife and that this be prove and enrol in the husting prout allege  in the plead and they find the custom as allege which be of devise in the city  of London and that I S have a personal estate to the value of five hundred  pound and a lease for year in a house in the strand in Middlesex a by a rule  of court make in mich term car no person can take judgement against the casual  ejector without a certificate that a latitat have be take out and bail file  but now it be permit on motion without a certificate impey pract edit p nor be  there any necessity now actual to sue out a latitat run eject but bail must be  file for the casual ejector or the tenant in possession be not oblige to  accept of a declaration Crompt pract Bl Rep Bac Abr shower KB er p the Lord  chief justice at the trial say that doubtless by the custom a inheritance may  be pass by a devise and that these word in a will will carry a fee and not  bare for life but the question will be if the custom will reach to pass it  under the word estate without a particular name and judgement be afterward  give for the defendant a
case reeve versus reeve of purifying in court Lord keeper Eq can ab pl p vent  SC rather different state a charge land in d with a portion for a daughter by  a first venture and then marry and settle part of these land for the jointure  of a second wife who have no notice of the charge a believe the portion will  take place of the jointure by will give other land in e in lieu thereof the  wife by combination with the heir refuse to accept the devise decree the  daughter shall hold the land in S till her portion be pay the case be sir  Richard reeve have issue by a former venture by deed charge his land at  Bickerton for the payment of pound portion to his daughter and afterward marry  a second wife and make her a jointure of a moiety of these land at Bickerton  without take notice of this charge of pound he afterward by his will think  that this pound charge as aforesaid will be good against the jointure take  notice thereof and devise to his wife other land in Yorkshire in lieu of her  jointure in Bickerton and die the wife and the son and heir agree together to  defeat the daughter of her pound portion and therefore the wife find that the  settlement which be make on her marriage though subsequent in time will yet  prevail against this charge of pound which be voluntary and fraudulent as to  her she adhere to her jointure and refuse to accept of the devise the daughter  bill be to be relieve the Lord keeper decree the plaintiff shall hold such  part of the land in Yorkshire as shall be equal in value to such of the land  in Bickerton as be comprise within the jointure until her portion be raise  vide this case recognize by Lord Hardwicke in Lanoy v duke and duchess of  Athol atk
case reeves against gower in the common plea apply Johnson v Brady ir Eq Rep  devise to a pay a sum to b within two year a have a fee S c Eq Abr in a  special verdict the case be find thus a by his will devise land to b and then  bequeathe legacy and after two or three legacy to different person he give  five pound to c and direct b to pay it but give he two year time to pay it the  jury find the land to be fifty shilling ayear the question be what estate b  have whether for life or in fee and adjudge to be a fee for that the devise  here be a sum in gross and a debt is owed in prsenti to loosen in going to be  and it be a sum certain to be pay by b at modern report er p all adventure  whether the land yield full five pound or not and so not like the case where  the sum devise be to arise out of the profit c a see collier case   green case  hob the case of reed v Hatton Mod lee v Stephens shower Baddeley v Leppingwell  burr Frogmorton v holiday burr do v Richard term Rep do v Woodhouse term Rep  Goodright v Stocker term Rep a
case reeves against Symonds on the trial of a action for good sell and deliver  a person can be admit to prove that the plaintiff give the credit to he and  not to the defendant this be a action bring by reeves for a quantity of  stocking sell to Symonds modern report er p the defence of Symonds be that it  be not he that buy the stocking but his son who send they to France in the way  of trade to prove this he will have call his son Parker chief justice he can  be a evidence because here be a advantage make by way of trade and to who this  advantage shall accrue depend entire upon this question who make this contract  and now one come to swear that he make the contract himself modern report  darnel sergeant he may be a witness because he will neither get nor lose by  the event of this cause for what be now give in evidence can be give in  evidence in another action Parker chief justice this you have often say and I  as often answer if a action be bring by a commoner for his right of common  shall another person that claim a right of common upon the same title be allow  to give evidence No and yet it be certain that he can neither get nor lose in  that cause for the event of that cause will no way determine his right but  though be be not interest in that cause he be interest in that question upon  which the cause depend and that will be a bias upon his mind it be not his  swear the thing to be true that give he any advantage but it be the thing be  be true and the law do judge that it be not proper to admit a man to swear  that to be true which be plain his interest shall be true modern report easter  term the first of George the first in the king bench sir Thomas Parker Knt  chief justice sir Littleton powys Knt sir Robert Eyre Knt sir John Pratt Knt  justice sir Simon Harcourt Knt attorneygeneral Nicholas Lechmere Esq solicitor  general
case regulan general deed to be enrol on the plea side of the court S c salk  upon occasion of a dispute between Mr Harcourt secondary of the crown side  modern report er p and lady ash about the due enrolment of a deed a rule of  court be make that all deed shall be enrol on the pleaside and acknowledge in  the face of the court
case REIGNALDS case to accuse a servant who be employ in a office of trust of  have cozen his master be actionable for it shall be intend in his office ante  hob cro James Com dig term Rep action for word whereas he be deputyclerk to  one Parker for diverse year who be register under such a archdeacon and  receive diverse fee and profit of that office to render account that the  defendant have communication of he and of his office and intend to deprive he  of all his benefit thereof and to cause he to incur the displeasure of his  master the say Parker and of the say archdeacon who croak car er p repose much  trust in he say of the plaintiff be be a base cozen knave he be a cheater and  have cozen his master the say Parker innuendo the defendant plead not guilty  and it be find against he and damage l Charles Jones now move in arrest of  judgement that these word be not actionable for he do not say that he cozen he  concern his office and it may be intend he cozen he in some other matter  beside his office and then the action lie not but all the court absent  Brampston hold that the action well lie for it shall not be intend but that  the word be speak concern the execution of the office where the communication  be concern the office wherefore it be adjudge for the plaintiff
case REIGNOL against tailor it need not be show in set forth the style of a  inferior court that it be hold within the jurisdiction SC holt error of a  judgement in trespass at the stannary court the first exception be that in the  record send up they do not set forth the style of the court say that it be  hold within the jurisdiction of the court holt chief justice and the court  where you declare in the inferior court you ought to lie the fact or cause of  action to have arise within their jurisdiction or if you declare that at a  court hold suppose at Maidstone such a thing be do there you must say that the  court be hold within their jurisdiction of the court but when you only set  forth the style of a court you need not show it see Roland v veil Cowp Trevor  v wall term Rep a another error be that it be not allege that the plaintiff be  a tinner and by several act of parliament concern their jurisdiction they  ought to show it and for this the judgement be reverse nisi
case reignolds against davis how judgement to be enter on a warrant of  attorney by a feme sole who afterward marry S c salk warrant of attorney to  confess judgement to a feme sole who marry before judgement enter whether it  can now be enter and how be the question it be agree that it can not be enter  for the husband for that be beyond the authority give the course be to make  affidavit of the debt not be satisfy and now the wife can not make such  affidavit for the money may have be pay to the husband nor can the husband  affidavit serve because it may have be pay to the wife before marriage but to  see that point may be clear by a several affidavit of each in his time and  holt chief justice say they have better enter it in the wife name as feme sole  but nothing be do a
case REIGNOTS against tip time of sign judgement ante by the court and all the  clerk after a rule to sign judgement there ought to be four day exclusive of  the day on which the rule be make and the judgement sign the meaning of the  rule be that the party may have reasonable time to bring a writ of error if he  see occasion but in the common plea they never give rule for the sign of  judgement but they stay until the quarto die post which make but four day  inclusive
case reston against POMFREICT Trinity term Elizabeth roll word not actionable  hecome so if attend by a special damage   b Ro ab Bulst cro car lev vent Com  dig Bac Abr action for these word mrs Ann Reston the plaintiff innuendo have  have a child it be true for she be convey to b and there she lie her great  helly it be as true that she have have a child as that you sit there for she  be send away with child and if she have not a child she have make it away and  allege that by reason of these word she lose her marriage the defendant  demurrer and thereupon adjudge for the plaintiff
case Reymond against BURBEDG Trinity term car roll in debt against a attorney  by bill a judgement quod to express grief nil to take in hand per breve  instead of per billam shall be amend ante roll ab hob Hutton cro James I vent  Cowp error upon a judgement in the common plea in debt upon a obligation  condition for performance of a award upon demurrer because it be conceive the  arbitrament be void judgement be give for the defendant quod to express grief  nothing to take in hand per breve Godbold for the plaintiff now assign that it  be error for the action be there bring by a attorney by a bill of privilege  and not by original writ so the judgement ought to have be nothing to take in  hand per billam and not nothing to take in hand per breve and it be hold a  manifest error unless it be the mistake of the clerk and amendable but the  court doubt thereof because it be in the judgement which be by the court and  be not to be account the entry of the clerk only a error of a judgement in  trespass against a bishop for admit therefore to take in hand pro fine be  resolve a to lie well enough without it for a capias lie not against he but  for this point the court will advice
case reynell against CHAMPERNOON the owner of a several fishery may detain net  or other engine damage pheasant but if he cut or destroy they trespass will  lie burr will Com dig espin dig dougl trespass for take and cut of his net and  oar the defendant justify for that he be seize in fee of a several piscary and  that the plaintiff with diverse other endeavour with their oar to row upon his  water a Od with the net to catch his fish and for the safeguard of his fish be  take and cut the net and oar c whereupon the plaintifff demurrer it be move by  Bulstrode Whitlock that this plea be not good for be can by such colour cut  the net and oar all the court be of this opinion for the reason above but be  may have take the net and oar and detain they as damage pheasant to stop their  further fish whereupon it be adjudge for the plaintiff
case reynold against kingman and brown Hilary term Elizabeth roll what dissent  shall toll a entry ante post Bac Abr post Ejectiovefirmce the case be h creek  who be seize of certain land hold by knight service let the same to I creek  hahendum to he and one Jo Downeman for their life render rend and afterward  devise the land to Alice his wife for life the remainder over in fee which be  void for a three part and die I creek the lessee die Jo Downeman pretend to  ten in as lessee continue in possession and pay the rend to Alice afterward  one Edward creek son and heir of the devisor make a letter of attorney to I S  to enter into all the land and to feoff the say Jo Downeman who make a feoff  accord I Downeman die seize the question be if this dissent take away the  entry of Alice?Harris argue that it do not for when he enter and pay the rend  to the devisee he do it as tenant at will for he have colour to enter and it  be adjudge in this court in a case hetween Goos and other that where I S give  a authority to I d to make lease of certain land to certain person in the name  of I S and I d make lease in his own name which wasvoid yet although the  lessee enter and die seize this take not away the entry of I S for they enter  by colour of title and in the mean time be as tenant at will and when the  attorney of Edward croak Elizabeth creek enter to make a feoff the other be in  possession for his lessor Henry and then can take livery from he that have no  possession but Wray c j say he can not he tenant at will for he have no colour  to enter his name in the hahendum be void but if he be tenant at will by his  take a feoff of a stranger his will be determine and so his entry can reduce  the possession to Alice Qudcunque with this be a descent and toll the entry  and it be adjudge accord
case reynolds case in what case a hearing complaint shall he allow post   b  hearing complaint for that he be in execution be suffer to go at large and be  afterward take again and the court will not allow it but then puckering allege  that the plaintiff have witness to prove that he pay the money when he be at  large and the witness be swear and the truth appear to he so the hearing  complaint be allow
case rice against Harveston in ejectment if the defendant plead a grant in bar  the plaintiff may reply a prior grant without traverse the grant allege by the  defendant SC Yelv more Owen   cro car cro Elizabeth Bulst vent Lut will ld ray  ejectment the plaintiff declare of a lease make by John bull the defendant  plead that the land be copyhold land parcel of the manor of S c whereof the  king be and be seize who by his steward such a day grant the same to he in fee  to hold at will accord to the custom of the manor by virtue whereof he be  admit enter and be seize and so justify the plaintiff reply that long before  the king have any thing in the manor queen Elizabeth be seize thereof in fee  in right of the crown and by her steward at such a court grant the land in  question by copy to he in fee to hold at will accord to the custom of the  manor who be admit and enter upon this replication the defendant demurrer  suppose that the plaintiff ought to have traverse the grant allege by he in  his bar the court hold it to be a good replication for the plaintiff have  confess and avoid the defendant title by a former copy grant by queen  Elizabeth and so need not to traverse the grant to the defendant vide    Hilliers case
case rice against sergeant good though seize in execution if suffer to remain  in the custody of the defendant may be take at the suit of another creditor a  man have obtain a judgement for a just debt against a take out a become facias  and get the sheriff to seize the good but will not let he proceed far but  suffer the good to remain in the custody of a the debtor b who have also  obtain a judgement against a for a just debt take out a become facias the  question be whether he can seize upon the same modern good and per curian he  may for the former be a fraudulent execution see Stephen v sole vezey bourn v  Dodson atk Bamford v baron term Rep Edward v Harben term Rep mace v cadell  Cowp cook b l a and the sheriff may very well return no one good upon the  first execution modern er p
case rich against Aldred if a bail the good of c to b and c bring detinue  against b he may plead the bailment and pray garnishment detinue for Oliver  Cromwell the protector picture per holt chief justice at the trial if a bail  the good of c to b and c bring detinue against b for they b may plead the  bailment oh he by a to be redeliver to a and so bring in a as garnishee to  interplead with c and if a bail good to c and after give his whole right in  they to b b can maintain detinue for they against c because the special  property that c acquire by the bailment be not thereby transfer to b see  yearbook Henry pl a brook Abr detinue pl a modern er p
case rich against Kneeland see nugent v smith c p d a action on the case lie  against a common bargeman for the loss of good which he undertake to carry for  hire and if he plead that the plaintiff discharge he the discharge be  traversable ante post SC roll ab roll ab SC hob   light   side palm Mod Mod  show sand ld ray stram salk Mod Wilson burr term Rep action on the case  whereas the defendant be a common bargeman and use to carry for hire from  London to Milton and other place in ken that he deliver to he a portmanteau  and thirty pound therein to carry and give to he twopence for the carriage and  that the defendant tam negligent to watch that it be take from he by person  unknown and so he lose it the defendant plead confess the receipt that he be a  common bargeman but that he fear to carry it deliver it to I d to carry and  that he give notice thereof to the plaintiff and he agree thereto and  discharge he of the carriage the plaintiff traverse that he do not discharge  he it be thereupon demurrer and adjudge for the plaintiff for the delivery by  his assent be not material but the only matter traversable be the discharge  which be issuable and find for the plaintiff croak throw a writ of error be  bring it be assign first because this action lie not against the common  bargeman without special promise but all the justice and baron hold that it  well lie as against a common carrier upon the land second they hold that the  traverse be good wherefore the judgement be affirm
case rich against player a bill of exception lie on a challenge be overrule  the buy law of London that a sheriff choose after a fine pay shall have a  portion of the fine be good Indebitatus assumpsit for a hundred pound the  defendant challenge the array for that the venire be direct to sir Dudley  north one of the sheriff of London on a suggestion that the plaintiff be the  other sheriff it be allege for the defendant that the office be but one entire  thing though exerciseable by two but the challenge be save to they by allow a  bill of exception the case be on a ordinance of the commoncouncil that if a  freeman be choose sheriff and upon refusal be fine the next young sheriff that  hold shall have a a see a copy of the information Trem p c state trial App  state trial b but now by leo c no challenge shall be take by a Peer or Lord of  parliament to any panel of juror for want of a knight be return on such panel  nor any array quash by reason of such challenge c but see SC state trial d sir  Robert sawyer shower KB er p hundred pound of his fine Mr box be choose and  fine and pay four hundred pound to the chamberlain rich be afterward shower KB  choose young sheriff and by the order of the court of alderman upon his  petition be to have a hundred pound thereof which be demand of the chamberlain  be refuse and thereupon the action be bring and a verdict for the plaintiff  the defendant insist upon the challenge and therefore make no defence a
case rich against player if one of the sheriff of London bring a action  against the chamberlain the fact may be surmise on the roll and the process of  venire facias direct to and return by the cosheriff SC ante SC skin Mr William  now move in arrest of judgement on the exception on which the challenge be  prove at the trial that it be not good for in auditor curl case   it be  resolve that they be but one officer and if one of they die the other can  execute nothing till a new one be choose and he cite assize pl Jefferyes  sergeant e contra it be true in Middlesex they be but one sheriff but in  London they be two the writ be viscount Mid and flute to take beforehand in  London it be vicecomitib et thou which difference be always observe be certain  ground on some reason there be precedent express to the point in Norwich in  Hilary tern in the eight year of Henry the eight in the common plea rot in  London in Trinity term the eighteenth of Elizabeth in the common plea roll and  in Brownlowes short catalog Judicial fol be the very same precedent with we  there be the late case of sheriff Bethel v Harvey where it be shower KB er p  agree good so the case of coroner be agree so in the book that if one or three  of they be challenge off yet the four may execute the writ and one coroner may  do a act alone in the name of the whole and set the name of the other thereto  as the coroner be a joint ministerial officer and in judicial act several  officer so the sheriff be likewise and they shower KB have their several  compter and court Adjournatur but afterward judgement be give for the  plaintiff
case rich and wilson at the chancellor house Lord chancellor eoden die if a  portion be charge on land Payable at and the child die before it shall sink  into the estate but if it be charge on the personal estate it vest in the  child though he die before the time of payment a injunction be grant to the  spiritual court to stay a suit for a portion charge only on land Chan Cas vern  Ventr Chan Rep Nels Fol Rep in cane sir Robert rich in settle all his land in  trust for the payment of debt and portion to his child as he shall direct by  his will afterward he make his will and devise pound apiece to his five son  Payable at their respective age of twentyone with interest in the mean time  and devise all his personal estate to the plaintiff his lady for her sole use  and benefit and make her executrix mosely report sir Robert die and mosely  report er p afterward Robert one of the son die under twentyone and lady rich  take out administration to he and mrs Wilson his sister sue her in the  spiritual court she be in possession both of the real and personal estate of  sir Robert rich for a distribution of the pound devise to her brother by his  father will lady rich file a bill and now move for a injunction to the  spiritual court because the portion of the son be charge on the real estate  and therefore ought not to be sue for in that court and the whole personal  estate be devise to the plaintiff that it be settle in Lord paulet case vern  that where a portion be charge on land Payable at a certain day if the child  die before the time of payment it shall not be raise but sink into the land  for the benefit of the heir whereas by the ecclesiastical law a portion  Payable at a future day out of a personal estate be due and vest in the party  though he die before and the Lord chancellor grant the injunction December  exception to the master report
case Richard against Hodges Trinity term car roll to debt on bind to save  harmless and non injure plead if the plaintiff state the payment in damage and  the defendant rejoin that he tender the money and that the plaintiff pay it de  in an unjust manner svan not common with others it be a departure S C sand S C  side S C keb comens sand will stram h Bl Rep   light a Mod Mod ld ray ld ray  see Mr Consts edit of bott poor law saint vol page debt upon a bind the  condition be to save a parish harmless from the charge of a bastardchild the  defendant plead non injure the plaintiff reply that the parish lie out three  shilling for keep the child the defendant rejoin that he tender the money and  the plaintiff pay it de in an unjust manner svan not common with others  whereupon it modern be demurrer the question be whether this rejoinder be a  departure or no from the bar sander it be a good rejoinder for in our bar we  say that the parish be not damnified that be not damnified within the intent  of the condition if I be to save a mail harmless and he will voluntary run  himself into trouble the condition of my bind be not break and so our  rejoinder be pursuant to our bar and show that there be no such damnification  as can charge we Twisden justice the rejoinder be a departure as in a action  of covenant for payment of rend if the defendant plead performance and the  plaintiff reply that the rend be unpay for the defendant to rejoin that it be  never demand be a departure you shall have plead thug videlicet that nonfuit  injure till such a time and that then you offer to take care of the child and  tender c judgement for the plaintiff nisi c
case richard brook against Elizabeth brook and will wright Hilary term James  roll if a copyholder surrender his estate general without say to who use it be  make and the lord regrant it to the surrender habendum to he and his wife in  tail the wife shall take though not name in the premise dyer roll ab Poph    Cop   light a b gilbert ten ld raym peer will ejectment of land in Welborough  of a lease of John wright upon not guilty it be find by special verdict that  John wright father of the lessor be copyholder in fee of this land of the  manor of Welborough and surrender it into the lord hand who regrant it in this  manner memorandum quod John wright to take in hand de lord ceux terr who  dominus to go away ind seisinand habendum eiden John et Elizabeth of or  belonging to a wife he de et heir the dawn substantial object nest to go out  to stay behind to the say John wright the say John wright die the lessor as  his heir enter and if the a ante croak James er p say Elizabeth shall take by  this copy they pray the discretion of this court and then find for the  defendant if otherwise for the plaintiff and upon this argument at the bar it  be adjudge for the defendant for although there be no word of grant in the  copy nor be there any grant to the wife but a habendum only yet it be hold  good enough for the intent of the lord appear that both shall take and there  be no more grant to the husband than to the wife for there be not any word of  grant to the husband but to take in hand de lord who dominus to go away  seisinam but all the word of grant and limitation be in the habendum and in  many manor there be no other form of grant or limitation and in the Edward pl  where a gift be make to a husband habendum simul cum his wife in frankmarriage  she be the lord kinswoman it be adjudge to be good although she be not name  before the habendum wherefore it be adjudge for the defendant
case richard Thomas case the statute of perjury must he strict pursue ante  post Leon Sho Sav holt skin hawk hawk he be indict upon the Elizabeth c for  perjury and recite the statute that if any he swear c in any court of record  whereas the statute do mention they special c also that a put castrum Lincoln  favu to lay and show not in what county the castle be c and it want the  conclusion et such favu Elizabeth oluntari perjurium commit c and he as  discharge a Leon croak Elizabeth er p
case Richard vers CORNEFORD in b r a avowant in replevin may abate his own  avowry for part of the rend distrain for before but not after judgement ld  raym SC Mod SC salk SC cro James roll Rep more hob   b t Jones vin Abr title  avowry X pl replevin m pl error of a judgement in c b in replevin for cattle  take on the that of September the defendant avow the take as a distress for  rend reserve on a lease for year which be make under the title of Christopher  late duke of Albemarle and for comens er p the rend of two year and a half end  at Michaelmas the that of September c be avow and this be now assign for error  for the distress be make before Michaelmas when the rend be in arrear and  notwithstanding that it be urge by Montague that the distress be well make for  the rend of two year yet the court without difficulty reverse the judgement  for the avowry be for one entire rend and the judgement accord but before  judgement the avowant may have abate his own avowry for the halfyear and pray  judgement for the residue and this will have be good judgement reverse nisi  causan but afterward the record be amend in c b
case richardson against a defendant remove by habeas corpus from a inferior  court shall put in common or special bail in the court above accord as he will  have be oblige to do in the court below Tidds pract in what manner bail be  former liable post Inst cro James Mod Com dig bail m bail on a to take in hand  corpus be only liable for the sum endorse on the writ and a habeas corpus to  those action only that be return Bulst cro James Yelv upon motion it be agree  that a man may be remove hither upon habeas corpus have be arrest by process  out of a inferior court and that former in all such case he ought to put in  special bail here but now only in such case where the same cause of action  will have require special bail in the court above and if it be under ten pound  or the like a then only common bail to be though remove by habeas corpus also  that bail on a to take in hand corpus former be a appearance for all manner of  action that term and the bail be Chargeable with the same b and now in case a  man be bail on a to take in hand corpus and a declaration be deliver by the  buy against he the bail be Chargeable to that action as well as to the first  but if such declaration be deliver against he and another c then the bail be  not Chargeable shower KB one come in upon a bill of Middlesex and another upon  a latitat and both of they be bind to b he may declare against both but the  bail be only for his own principal but note by a new rule of court the bail  shall be only liable for that action upon which the arrest be or if remove by  habeas corpus on those action that be return and not to any other d but it  shall be a appearance for the principal himself to charge he with any such  declaration by the buy and the bail shall be liable only for that sum mention  in the writ as if a man be arrest for a hundred pound and the declaration be  for eight hundred pound the bail be only liable for a hundred pound so rule by  Lord jefferies and the rest c e
case richardson against DOWDELE executor of lany Hilary term James roll on a  issue whether there be asset a verdict find asset in Ireland be good   b ante  post cro car hard Com dig Bac Abr debt against he as executor the defendant  plead plene to manage and issue upon asset the jury find that he administer  and have asset in Ireland and whether that be asset here they pray the  discretion of the court and all the court except Walmsley hold that it be well  find for they may find a thing in Ireland and when they find that he have  asset that be sufficient and when they further say in Ireland it be idle and  void it be therefore adjudge for the plaintiff croak throw hilary term James  in the king bench sir John Popham Knt chief justice sir Edward Fenner Knt sir  Francis gawdy Knt sir Christopher Yelverton Knt sir David William Knt justice  sir Edward coke Knt attorney general sir John Doderidge Knt solicitor general
case richardson against williams verdict may be give in evidence a verdict in  a civil cause may be give in evidence in a criminal cause but not vice line  and the court say they will hardly grant a new trial where a verdict may  become evidence in a criminal cause
case richardson vers Pattison in c b in a action who tam on the stat whether  against a customhouse officer the plaintiff have a right to inspect townbooks  and take copy to be use at the trial barn S c in a action who tam c on the  stat a saint Ann c S a annae for that the defendant be a customhouse officer  do solicit a and b to vote at the election of member for the city of Carlisle  the say a and b be elector and have a right to vote at such election comens it  be move by sergeant chapel and wright that a rule of this court shall be make  that the plaintiff may have liberty to inspect the townbooks where the freedom  of the say a and b be enrol and take copy of the same to be use at the trial  oh f the cause and the court make a rule accord chief justice reeve absent  although it be object that the plaintiff be no freeman and ought not to be  admit to inspect into the book of the corporation to make evidence for his  action nor be here any affidavit that the right of election be in the freeman  but it be answer that the plaintiff have a right by be the plaintiff in the  action to see what relate to that fact on which the action be ground
case riches against bridge a assumpsit will not lie on a promise that  inconsideration of good be immediate deliver to king he will afterward deliver  they to b ante yely cro throw assumpsit for that he be indebt to I S in twenty  comb of barley to he deliver unto he at such a day in consideration that he  will deliver it to the defendant before the day the defendant assume and  promise to deliver it at the day to I S and allege in fact that he deliver it  to the defendant and the defendant have not deliver it to I S it be move three  croak Elizabeth arrest of judgement that this be not any consideration to  deliver the same corn which he have receive for he can have any use of it nor  any benefit by it but the whole court hold it to be a good consideration for  in regard he receive it and make such a promise it shall he intend that he  have some benefit thereby videlicet that he have the hetter credit to retain  it in his hand or otherwise he will not make such a promise and if by any  intendment it can he the law will well intend it wherefore it be adjudge for  the plaintiff note afterward upon a writ of error in the exchequer Chamber it  be reverse for this cause for that there be not any sufficient consideration  whereof the law take any regard
case RICHMOND against butcher Hilary term Elizabeth roll tenant in fee make a  lease for year render rend during the term to he his executor and assign the  heir shall not have the rend post Ro ab S with lat and   roll Jones Noy cro  James   cro car lat sand Owen   light a note Com dig replevin upon demurrer  the case be John Colvell be seize in fee and let the land for twentyone year  render twenty shilling rend during the t rtn to he his executor and assign and  die the defendant as servant to his heir for rend behind after the death of  the lessor distrain and after argument it be adjudge that the heir shall not  have the rend for it be reserve to the lessor his executor and assign and the  heir be nope of they he can have it Henry pl a vide wright v Cartwright burr  where Lord Mansfield controvert the propriety of Anderson reason in this case  croak Elizabeth er p Henry pl Edward Edward notam they rely upon a book show  to they in write in Edward where it be so adjudge a
case RICHMOND against web judgement reverse for the misawarding the v  enirefacias post cro James hob action upon the case and count that he be seize  of a message and certain land in Blankeworth to which land time out of mind c  he have common appendant in acre of land in Lydcotts Milligen that the  defendant have enclose it and so disturb he of his common the defendant plead  that he have set up a vaccary croak Elizabeth er p upon a parcel of it  necessary c without hoc that the plaintiff have common upon this issue be join  and try for the plaintiff Tanfiefd move in arrest of judgement that the v  venire facias and trial be de Lydcotts Millisen only whereas it ought to be  also of Blankeworth where the land be Edward pl ass Edward pl and this  mistrial be out of all the statute of jeofails and for this cause it be  adjudge that the plaintiffnihil caviatper billam and he can not have a v  venire facias j to make new for he have a verdict give which be certify a
case Rickman against Cox Trinity terin James roll in trespass if the common  bar be plead the plaintiff may reply that the place be his freehold or make a  new assignment of the place ante dyer in marge Brownl salk Lut Leon term Rep  trespass enclosed space to break in pieces at saint hall and for dig his soil  the defendant plead that the place where be two acre of land call Blackacre  which be his freehold and so justify the plaintiff say that the place call  Blackacre be his freehold without hoc that it be the freehold of the defendant  the plaintiff demurrer because it be but a common bar or as it be common call  a blank bar and it be only plead to enforce the plaintiff to assign his  trespass in a place certain the declaration be general and for this Cause the  bar not traversable vide Henry pl Henry dyer and of that opinion be Doderidge  and chamberlain but Houghton contra that this be traversable and the plaintiff  may assign a new and other place or may traverse this bar at his election per  quod adjournatur vide Edward pl
case ride against ride the wife of a Popish recusant can be executrix to her  husband SC salk a Popish recusant convict make his wife and another Popish  recusant his executrix the spiritual court will suffer her to prove the will a  prohibition be pray for upon the statute of Elizabeth c S see also James c S a  per curian it be grant for she be disable by the general clause and not enable  by the proviso
case ridge against mill word   roll ab Bac ab action for word thou have ravish  such a woman and I will make you stand in a white sheet  Henden move that  these word be not actionable for the last word expound the former et  adjournatur
case Ridgeley against the hundred OF warrington the hundred be answerable for  a robbery commit in any time of the night I n which man common travel post   b  cro James side and style hawk p c I wood Inst action upon the statute of hue  and cry upon the evidence it be hold by Anderson a d all the justice that  whereas the statute speak of robberies do id a Leon Leon   dyer croak  Elizabeth er p the day before night yet if a robbery he commit in the morning  before day or in the evening after the day in any time of the night in which  man use common to travel that the hundred be answerable for it but if it be at  twelve or one of the clock in the night at which time every one be intend to  be in bed the hundred be not answerable for the robbery
case ridler against punter fraudulent grant h c hale cro James hob I hale   b  post see Com dig title covin ejection firm it be find upon special verdict  that W and his wife be possess in right of the wife of a term which she have  as administratrix to c her first husband and be indebt by contract grant the  term to Coleman to the use of W and his wife for their life and after to the  use of Coleman himself W be sue for this debt and recovery against he and a  become facias be award to that sheriff he for this debt of W sofd the term to  the plaintiff the question be if croak Elizabeth this sale be good?It be move  that this grant of a term be but a chattel and to the use of the grantor  himself be void by the statute of Henry c curian contra for the preamble of  the statute be where grant be make by fraud or covin of chattel to the use of  the grantors themselves to defraud creditor or other that they shall he void  but this grant be not to avoid creditor for the term be in right of the wife  as administratrix if it have so continue in the band of W and have never been  grant this be not extendible for the debt of W and if W himself have it as  executor it be not extendible for his proper debt and fraud shall not he  intend except it he express find and this grant be out of the statute of Henry  c and all other statute of that nature wherefore c see Elizabeth c and  Elizabeth c croak Elizabeth er p
case ridley against wilson in exchequer June forfeiture by stat Ph m on a  woman marry under be during her husband life and not during her own see bro c  c Hicks v gore Mod the editor have search the record of the court of exchequer  for this case but can find no trace of it there question upon a plea whether  by stat Ph m ch the woman who be marry under forfeit her estate during her own  life or during her husband life only and court of exchequer hold clear during  her husband life only which be contrary to a dictum in ratcliffe case   a
case RIESBY against Wentworth see lee v Flack p the court will not prohibit a  suit for tithe upon a suggestion of simony Com dig Bac ab Cowp prohibition  upon a suit for tithe and ground his prohibition upon the Elizabeth c suppose  that the say parson have commit simony in come to the parsonage and thereby  the church be void and the tithe not appertain unto him And be agree I per  curian Glanville absentee that a prohibition lie not for the simony may more  apt he try in the spiritual court wherefore consultation be award croak  Elizabeth er p
case rigley against lee and his wife in ejectment against husband and wife if  the husband die after verdict and before the day in bank yet judgement shall  be enter against the wife ante cro car more hob roll Rep stram Bac ab run  eject ejectment after verdict for the plaintiff it be move that the husband be  dead since the nisi prius and before the day in banc the question be whether  the bill shall abate in all or shall stand against the wife and because it be  in nature of a action of trespass and the wife be charge for her own fact it  be adjudge that the action continue against the wife and judgement shall be  enter against her sole because the husband be dead
case ring against BULLINGHAM a grant make to the defendant at his own request  be a continue consideration and will support a action on a subsequent promise  without state when or where the grant be make ante post roll ab cro James cro  car more Bac ab assumpsit whereas he be seize in fee of the advowson of  Heckingbam in the county of Lincoln in consideration that he at the defendant  request by his deed to hand over et to go away to the defendant the first and  next avoidance of the say church the defendant August Elizabeth assume to pay  to the plaintiff l c upon non assumpsit plead it be find for the plaintiff and  damage assess to l and after verdict it be move in arrest of judgement that  this consideration be pass and therefore not sufficient to ground a assumpsit  for there be not any time of the grant allege and it may have be diverse year  before the assumpsit make and be a thing execute and pass no assumpsit  afterward can be good and in proof thereof dyer hunt v Bates be cite but all  the court resolve to the contrary for the grant be make at his request it be a  sufficient consideration although it be diverse year before especial be to the  defendant himself the consideration shall he take to continue but if the grant  have be to a stranger and not at the defendant request it have peradventure be  otherwise Seconaly the declaration be not good because there be not any time  or place allege where the grant be make say non alloeatur for it be but a  inducement to the action and therefore needs not to he so precise allege  wherefore it be adjudge for the plaintiff vide Elizabeth Hars b v Kavensford  ante michaelmas term Elizabeth in the common plea sir Edmund Anderson Knt  chief justice Thomas Walmsley Esq John Glanville Esq George Kingsmil Esq  justice sir Edward coke Knt attorneygeneral sir Thomas Fleming Knt solicitor  general
case ring against clarke a declaration in case for overburthening the  plaintiff horse hold ill after verdict because it do not state how the horse  be overburden sand error of a judgement in a action upon the case where clarke  do declare that whereas he be possess of a gelding in consideration that he  will lend his gelding to b to carry three bushel of coal from ware to the  house of b he promise he will not aliter the dawn to load and allege that the  say b aliter per way predict oneraba eunuch predict et to greater extent  penderosius onus super eunuch predict to place upon upon non assumpsit and  find for the plaintiff judgement be give and error bring first error he say  per way predict whereas it shall he in way but this be clear disallow for it  be all one and of one sense second error that it be allege aliter oneraba and  show not bow gawdy and Fenner hold clear it be error for to enable he to the  suit he ought to show how he overburden he and be heave again it be adjudge  that for this cause the judgement shall be reverse although Godfrey move  strong that it be well enough for it lie not in the conusance of the plaintiff  how he do overload he nor be it material how he do over load he for if he  allege in one manner and it be find in another manner it be find for the  plaintiff and this be after verdict and although the declaration be faulty in  form this be aid by Elizabeth c but notwithstanding these reason the judgement  be reverse for it be a thing material which the plaintiff be to show
case rise against pie to a assumpsit for nonappearance to a recognizance at  the next assize a plea that a certiorari be obtain which must allege that it  be actual deliver and state the place where the assize be hold be bad for  although the certiorari remove the recognizance it do not discharge the  obligation to appear SC Yelv Bulst hawk p c assumpsit whereas the plaintiff at  the defendant request be oblige by recognizance for the defendant appear  before croak throw the justice of the gaol delivery at the next assize in the  county of Suffolk that the defendant assume to croak James er p save he  harmless from that recognizance c and the defendant have not appear at the  assize hold such a day at bury whereby c the defendant plead that after the  recognizance and before the next assize he obtain a certiorari out of the king  bench direct to the justice of gaoldelivery for the say county and that  afterward videlicet on the that march year octavo say in addition to at the  assize hold for the county of Suffolk this writ be deliver a to sir Edward  coke and William justice of assize there and be allow it be thereupon demurrer  and upon motion the plea be resolve to be ill as well for the matter as manner  thereof for although the certiorari remove the recognizance yet that do not  excuse he of his appearance but he ought to have appear and procure his  appearance to have be record and for his nonappearance his promise be break  also for the manner it be not good because it be not allege that he deliver  the writ at the next assize and then the purchase thereof be not material  there be not also any place allege where he deliver the writ and that be  issuable for it be say he deliver it at the assize hold for the county of  Suffolk but where those assize be hold non constat wherefore it be adjudge for  the plaintiff
case rise versus Gannel march second seal after Hilary term in pray of process  upon a bill bring for a discovery and for perpetuate the testimony of witness  the plaintiff pray the defendant may abide such order and decree as the court  think proper to make a demurrer on such a bill allow for it be pray relief as  well as a discovery a bill be bring for discovery and perpetuate the testimony  of witness the plaintiff strike out the discovery note it appear from the  register book that the plaintiff only strike out the relief and not the  discovery and all the relief but in pray of process pray that the defendant  may abide such order and decree as the court shall think proper to make the  defendant move that he may be pay the cost of the suit and that it may be  refer to a master for that purpose Lord chancellor the word order and decree  in the prayer of the process make it a bill for relief and regular ought to be  dismiss but I will not direct the cost of suit to the defendant till the  precedent be search of bill for perpetuate the testimony of witness to see  whether it be usual in pray the process of the court to insert the word that  the defendant may abide such order a f decree as the court shall think proper  to make order that the defendant shall be pay his cost except those of examine  his witness Reg lib b fol N B some considerable practiser at the bar say that  there be a case before Lord Talbot of a bill for discovery with these word in  the prayer of the process and upon the defendant demurrer his lordship say it  be pray relief as well as a discovery and allow the demurrer atkins er p
case rive versus rive all Eq Abr c S c post what proportion tenant for life  shall bear of on the estate the case be g rive make a settlement of his estate  upon himself for life then to trustee for year for raise pound apiece for his  three niece to be pay at their respective age of year and after to the  plaintiff for life with remainder to his first son in tail with diverse  remainder over the plaintiff bill be to be let into the possession of the  estate pay his proportionable part of the pound that be charge upon it pound  of which be due in present and the rest not in several year the court decree  that the plaintiff estate for life shall bear pound and the remainder the  other pound and that he shall be let into possession pay the pound but if the  other pound shall accord to the precedent in chancery limitation of the trust  become e Payable during the plaintiff life he be to pay it but then the term  for year be to be his security to reimburse he again as to the proportion  tenant for life shall bear with the remainder man in respect of the payment of  fine and renewal vide nightingale v Lawson brown report de boundary paschae in  curian porter
case roach versus Hammond Chan Rep vo wms atk case tempt Talb brown Rep e  contra vern a man devise his personal estate to the use of his relation  without specify any in particular it shall be distribute accord to the statute  of distribution a man by his will in devise all his real and personal estate  to the defendant for the use of his relation without specify any in particular  or use any other word make the defendant his executor and in die and now the  plaintiff who be the mother and three sister of the testator bring this bill  as near relation for a discovery and account of the personal estate and the  plaintiff to come in accord to the course of distribution settle by James cap  S precedent in chancery and it be agree to be the rule of this court in the  construction of such devise to relation that those who by the statute of  distribution will be entitle to the personal estate in case he have die  intestate shall upon such general devise be let in to the same proportion only  and my Lord chancellor say he think it the best measure for set bind to such  general word and that it have be often rule accord in this court
case robert against John Villars alias Danvers in civil action the  recognizance be enter into by the bail only and be no estoppel Fielding arrest  the defendant in assumpsit and trover the defendant now move that he may  answer without put in bail because he be a peer videlicet earl of Buckingham  viscount purbeck and baron of Stoke and so be free from arrest that if he  shall put in bail it must be by the name whereby be be arrest which will estop  he from claim his peerage SedPer curian in all civil case the bail only enter  into the recognizance and not the modern report party himself and therefore it  will be no estoppel to he that they can not take notice of his peerage  otherwise than by plea which can not be until he be in the custody of the  marshal and therefore be by coercion it will not prejudice he so the court  will order nothing send to run law but holt chief justice say if this have be  a criminal case they will dispense with his join in the recognizance to save  the estoppel and that in this they will make the plaintiff declare speedy and  not be allow the usual time
case robert limmer against William every a administrator durante those  inferior in rank cstate can bring a action for or meddle with the good of the  person to who the infant testator be executor lev hob error the error assign  be that the say William every have bring debt upon a obligation by the name of  William every administrator will do you much good el catallor a b durante  those inferior in rank estate of I e executor of the say a e executor of r  every and demand a debt upon a obligation of twentynine pound make croak  Elizabeth to the say r every the first testator whereas he can not bring a  action by this name but as administrator of r every but it be say that  administration of the good of r every be commit to he by this name all will do  you much good c a e it may well he commit to he by this name especial when a  every do not die intestate but make a executor Edward pl that by the grant of  administration of the good of the executor administration be by it grant of  all the good of the first testator Henry pl curian contra clear for by this  administration commit he have no authority to meddle with the good of the  first testator and for this cause the judgement be reverse croak Elizabeth er  p
case roberts against arthur when there be a profert of a deed it remain in  court all the term S c salk S c holt per curium if upon plead a deed a profert  be make of it it shall remain in court all the term and no long if it be not  controvert but letter of administration shall not be keep in court all the  term because the modern report administrator may have other action pen and it  will be a prejudice to he vide Henry and give of oyer be the act of the court  and therefore to be do by the prothonotary in his office where now the course  be to do such thing as be do in court when the plead be over as far as at the  bar and a attorney ought not to do it michaelmas term the thirteenth of  William the three in the king bench sir John holt Knt chief justice sir John  Turton Knt sir Littleton powys Knt sir Henry gold Knt justice Edward Northey  Esq attorneygeneral sir John hawles Knt solicitor general
case roberts against cook the court will stay proceed in ejectment until the  cost of a former ejectment be pay even where the plaintiff be nonsuit in the  first action a ejectment be bring in the common plea and a verdict for the  plaintiff but he have no cost and now the defendant in that action bring a new  ejectment in the court of king bench against the same plaintiff sir Francis  winnington move that he may have his cost before he shall be compel to plead  to the new action but it be not grant because he have no vexation the verdict  be for he but if it have be against he or he have be nonsuit he shall not have  bring another action before the cost of the first have be pay because it be a  vexation to bring a new action modern er p
case roberts against hamilton form of declaration on a special assumpsit this  be a action upon the case in the first count the plaintiff declare that  whereas he have deliver a gelding to the defendant the defendant promise to  deliver two barrel of gunpowder value three pound fifteen shilling each the  other two count be first a indebitatus assumpsit and second a quantum to  deserve for the gelding a verdict be find for the plaintiff on the first count  and for the defendant on the two last count girdler in a arrest of judgement  move that the declaration do not show that the gunpowder be not deliver but  only conclude as all common declaration do that by reason thereof and accord  to the promise and undertake of the say Hamilton so make as aforesaid he the  say Hamilton then and there become liable to pay c it be answer that by these  general word must be intend that the gunpowder be not deliver especial since  it be after a verdict which give damage for the not deliver of it but per  curian it be a special collateral matter the nonperformance of it ought to be  especial show in the declaration the judgement be arrest
case roberts against holt the consignee of a bill of lade be by custom liable  for the fraught case declare on the custom of merchant that if a merchant in  Ireland consign good to a merchant in London and the master sign a bill of  lade the merchant here shall be liable for fraught and hold a good custom
case roberts against MANOTT Trinity term car roll leave to discontinue after  judgement on demurrer S C post S C keb S C sand S C lev move to discontinue a  action of debt uponia bind Kelynge chief justice we will not favour condition  rule that the other side shall show cause why they shall not discontinue the  bind in this case be condition for the performance of a award ita quod the  award be ready to be deliver on the first of hay after oyer and no award plead  the plaintiff in his replication show the award and the breach thereof mistake  the day and aver that the award be ready to be deliver on the twenty of may  after demurrer and judgement nisi for the plaintiff the defendant show this  mistake but the court on the prayer of the plaintiff give he leave to  discontinue the action on payment of cost sand say vide S C post
case roberts against pain the court will not grant a prohibition to stay a  suit against a person for take order as a priest under the age of twentythree  or as a deacon under the age of twentyfour vent Mod Lutw stram Cowp Ju Gibson  Bac Abr Mod fitzg comens ld ray term Rep prohibition to the court of arch the  case be the plaintiff be present by the mayor and alderman of Bristol to the  parishchurch of christchurch in the say city and the defendant libel against  he because he be not twentythree year of age when make deacon nor twentyfour  when he enter into the order of a priest and the statute Elizabeth c require  that none shall be make a minister or admit to preach be under that age the  reason now allege for a prohibition be because this matter be triable at law  and not in the spiritual court because if true a temporal loss videlicet  deprivation may follow but the court deny the prohibition and compare this  case to that of a drunkard or illliver who be usual punish in the  ecclesiastical court though a temporal loss may ensue and if prohibition shall  be grant in all case where deprivation be the consequence of the crime it will  very much lessen the practice of those court modern er p
case robin against frank Trinity term Elizabeth roll word actionable ld raym  action for these word thou art a rogue and a thief after verdict it be move in  arrest of judgement that a action lie not for these word for they be too  general but the court hold that for the word thief it be maintainable unless  it he couple with other word which prove it to he no felony intend wherefore  it be adjudge for the plaintiff
case robin against HILDREDON Michaelmas term James roll slanderous word shall  be expound by their context ante post Yelv hob roll ab roll Rep Jones salk  Cowp action for word thou art a thievish knave and have steal my wood after  verdict for the plaintiff upon not guilty plead and twenty mark damage it be  move that croak throw the action lie not for the word thievish knave will not  croak James er p bear a action for it be but a adjective to knave and the word  thou have steal my wood be not actionable for steal of wood may be intend grow  wood and then it be not any felony and so no cause of action but it be  afterward move against the plaintiff that the action be well bring for the  word thou have steal my wood shall be intend and be take in evil parten that  he steal wood fall for it be not wood as long as it be grow also by the  statute Elizabeth c if one steal wood which be grow he be to be punish by whip  for which cause it be a great slander Fenner and Yelverton be of that opinion  but Popham gawdy and William e contra that the action lie not for although it  be say that he be a thief yet be couple with the word subsequent which expound  it to be no felony those word will not maintain a action but if he have say  that he be a thief general without more it will have be actionable the word  and thou have steal my wood be all one as if he have say for thou have steal  my wood which be not felony unless it be show to be wood fall no more than if  he have say thou have steal my apple which be intend grow c which can be  felony and then not actionable wherefore for the opinion of the three say  justice it be adjudge for the defendant
case robin against robin case for malicious hold to special bail without cause  the sum for which he be arrest shall be show S c salk S c ld ray S c ray Ent  ante action on the case the plaintiff declare that the defendant prtextu et  multicolored cujusdam medii processus in lege arrestari causavi the plaintiff  and hold he to special bail without cause on not guilty and verdict for the  plaintiff it be move in arrest of judgement because the writ be not show on  which the arrest be nor be it aver by who he be prosecute whereas it ought to  have be show more certain and special videlicet that he owe the defendant but  so much and that the defendant intend to oppress he have cause he to be arrest  for so much and to be hold to special bail but here it do not appear to the  court that the sum for which he be arrest require special bail which be the  point of the action ought to be show at large and whereas it be object that  this matter can not be special show because the writ remain in the hand of the  officer I answer the plaintiff may have move the court that the sheriff may  have return the writ and then all will appear beside the warrant under the  hand of the sheriff to the bailiff will be good evidence a a the judgement be  accord arrest S c ld ray see also will comy Rep Dough term Rep term Rep modern  report er p
case robin against sander easter term James roll judgement enter therefore  concession be instead of to look at closely be be erroneous ante cro Elizabeth  cro car dougl term Rep error because the judgement be enter therefore  concession be per curian quod to express grief recupere c where it shall be to  look at closely be to make good this a by Ann saint c it be declare to be a  simoniacal contract if any person for money or profit shall procure in his own  name or the name of any other the next presentation to any ecclesiastical live  and shall be thereupon present and the party be subject to all the  ecclesiastical penalty of simony be disable from hold the benefice and the  presentation devolve to the grow Bl Com croak James er p entry diverse case be  cite in the precedent of Lord coke but it be answer that it be a misprision by  the printer and that it be not so enter in the roll for it be allege that to  look at closely be be more effectual than concession be and precedent be find  upon great reason and be to be observe
case Robinson against Beilby nil debet can be plead to a action of debt on a  charterparty SC Cun Writ of error on a judgement in the common plea in debt on  a charterparty for the penalty thereinmentioned and several breach assign to  this action nil debet be plead which the commonplea hold a ill plea upon  demurrer thereto and give judgement for the plaintiff modern er p Mr strange  for the plaintiff in error insist that this action not be ground mere on the  deed but likewise on the breach of covenant which be matter of fact this plea  be not improper Mod sand Henry c S a Mr Dennison contra the case cite be where  debt be bring on a judgement suggest a devastavit or in the case of a escape  there the record be matter of inducement only to the action and not the ground  of it as here this matter be very solemnly settle in the case of warren v  Consett easter term Geo Mod stram ld ray prac red bar b a writ of error be  bring on a judgement in the common plea in debt on a contract under hand and  seal whereby the defendant agree to pay so much on have so many share in the  Welsh copper company transfer to he and nil debet be plead and hold ill upon  the above cite distinction and he compare it to a action of debt bring by the  assignee on a bailbond the court be clear of that opinion see mill v bind fort  Mayhew v Mayhew fort Anonymous will c Mr strange then except to the  declaration that one of the breach be not sufficient set forth the court  incline to be of that opinion Mr Dennison say that any one breach well set out  be sufficient to entitle the plaintiff to a action for the penalty and the  assignment of the several breach be duplicity of plead only and matter of form  of which no advantage can now be take the defendant have plead over but he  ought to have demurrer the court be of that opinion the judgement be affirm
case Robinson against Gosnold a husband be liable for necessary furnish to his  wife during her cohabitation with he or if he turn her out of door or if he  receive her back after separation but if she leave he and live separate and  the person have notice of the separation he be not liable S c salk S c hoit a  husband discover his wife to be a very lewd woman go away from her and she  after have live several year with a adulterer be receive into the plaintiff  house who entertain her as the husband wife this action be a indebitatus  assumpsit be bring against the husband for lodging and dieting the wife holt  chief justice at nisi prius hold that let the woman be ever so vicious yet  while she will cohabit with the husband he be bind to provide necessary for  her and be liable to the action of such person as furnish her with they for  his bargain be to take her for better for worse in like manner it be if the  husband turn his wife away for her wickedness be remain still Chargeable for  her necessary but if the wife leave her husband they that trust her after it  be notorious that she have leave he do it at their peril and shall not  thereupon charge the husband say qure unless the wife have a separate  maintenance see sparrow v Caruther Bl Rep hatchet v Baddeley Bl Rep Ringstead  v Lanesborough cook b l d edit Barwell v brook cook b l Corbet v Polnitz term  Rep a and he seem to be of opinion that if a wife bad run away from her  husband and contract debt and afterward the husband receive her or come after  her and lie with her but for a night that will make he liable to the debt like  the case where a wife elope with a adulterer though she thereby forfeit her  dower yet if the husband will of his own accord receive her again she shall  have her dower againSee the case of manly v Scott Mod and the case cite in the  note at the end of that case b modern er p
case Robinson against may on a usurious bind if a counterbond he give to save  a surety harmless and he be damnified the usury can be plead in bar to it post  cro James Noy sand Mod Bac Abr Cowp debt upon a obligation condition to  discharge or save the plaintiff harmless from a obligation wherein the  plaintiff as surety for the defendant be oblige to I S to pay l c the  defendant plead that the say obligation to I be upon a usurious contract and  plead the statute of usury and conclude el si non injure and hereupon the  plaintiff demurrer a d it be move that it be not any plea for although the  bind he void yet he ought to save he harmless from suit c and here he have pay  the debt Tanfield the plea be good otherwise the statute of usury shall he  defraud for by a compact the usurer will sue t hesurety and he shall pay he  and have this remedy upon his counterbond the court hold it to he no plea for  he ought to take heed to save his suret that harmless wherefore it be adjudge  for the plaintiff note the reason conceive for that the surety by intendment  can know of the corrupt contractto plead it in avoidance of the vbond  wherefore the principal ought to take care thereof
case Robinson against Mellor word not actionable action for these word thou  art a bankrupt knave a vagabond and rogue after verdict for the plaintiff it  be move in arrest of judgement that a action lie not for these word and it be  hold clear by all the court that none of that m be actionable but only the  word bankrupt knave and of those they doubt
case Robinson against stevenson that June before Lord keeper Henley action on  the case capias take out on saint January the original on which it be find  make out on saint January but test on the that Oct before be the common testae  day before Michaelmas term defendant plead non assumpsit and non assumpsit  infra sex aged and then move that the testae of the writ may be alter and make  saint January but deny price v the hundred of Chewton p wms a roan v gully ken  see Ogyer v Heywood Amb action on the case upon a bill of exchange bear date  that December and a as take out on the saint January last the defendant plead  non assumpsit p and non assumpsit infra sex aged replication that the original  on which the capias be ground issue on the that of October last which be  before the six year expire the fact be that the cursitor make out the original  on the saint January but test it on the that October be the common testae day  before Michaelmas term motion by Mr capper to supersede the writ or to have  the testae alter to the saint January and he cite two case where it be do in  case of a plea of tender ambler and though there be no precedent of its be do  in case of a plea of the statute of limitation yet he say there be the same  reason for it a plea of that statute be in many case as honest a plea as any  other on the other side Mr Wilbraham cite the case of Delacoronne v gully  before Lord Hardwicke on d December where the court deny the like motion in  the case of a plea of the statute of limitation motion refuse
case Robinson against walker see while v Tyndall App Cas a covenant that a and  b to come together pro see et whithersoever you please the dawn be joint and  several S c salk covenant the plaintiff declare that the defendant and I S do  to come together pro see modern er p et whithersoever you please the dawn c  that they or either of they will lade such a ship at such a place and pay the  plaintiff for the fraught c the defendant plead in abatement that the other  covenanter be in full life not name in the writ and it be agree by all that to  bind up our et a bag of hide nostrum be joint and several modern but holt  chief justice declare that he think there may be a diversity between a et b to  come together et who the dawn it agrees together agreed and a et b to come  together pro see et whithersoever you please the dawn for in the first who the  dawn it agrees together agreed express sever the lie but pro whithersoever you  please the dawn seem to go to the thing to be do that be that they both or  either of they will do it and one may covenant that he or a will do such a  thing so if two covenant that they or one of they shall do such a thing that  be a joint covenant only and the word to come together and not pro  whithersoever you please the dawn make the lie but the other judge contra and  no difference between this and the case of to bind up our et a bag of hide  nostrum and judgement be give quod to answer beyond
case Robinson vers mead a plea in abatement that the defendant be a mercer and  no gentleman as name in the writ be hold good Com dig Str ld raym Str S c this  be a action of trespass for a assault and battery of the plaintiff wife per  quod consortium to send away comens er p the defendant plead in abatement that  he be a mercer and no gentleman as he be name in the writ to which the  plaintiff demurrer suppose that the exception be take to the addition in  regard that the plaintiff have mistaked his degree for that he ought to have  show of what other degree he be and that it be not enough to say that he be of  such a mystery say non allocatur for here the defendant deny absolute the  addition give he by the writ and then non constat de mask for Thomas mead  mercer and no gentleman can be Thomas mead gentleman it be true that the  statute h c require only that in original writ a addition shall be make of the  defendant estate degree or mystery and therefore it be sufficient where a  defendant have several addition to give he the one or the other or to give he  the addition of his degree or mystery or both but when the defendant have no  such addition as be give he by the writ he may plead as here quod non be noble  nec to take nee to be de step of noble birth which the plaintiff confess by  his demurrer and when by his plea in abatement the defendant deny the comens  addition give he by the plaintiff he be oblige by the rule of good plead to  show his addition by which he may be sue and therefore h b the defendant plead  that he be a merchant non noble and it be hold good judgement be give for the  defendant I be of counsel for the defendant
case Robinson versus thompson June in court Lord chancellor Eq can ab pl S c a  account of the profit of a voyage settle by the major part of the part owner  shall conclude the rest per cur where the major part of the partowners of a  ship settle and agree a account of the profit of a voyage it shall conclude  the rest and the plaintiff be order to pay cost by the hanseatic ordinance the  master be to summon all the owner to pass his account on his return home vide  Strelly v Wilson ante and case cite in not there
case Robinson vicar of Kimbolton against hedel Nonpresentation to a vicarage  for any length of time be not presumptive evidence of its reunion to the  rectory   Cowp trespass for take of certain load of wood set out for tithe the  defendant plead not guilty the plaintiff for evidence show that in the time of  king Edward the three the rectory be impropriate and the vicarage then endow  and inter alian a Bac ab croak Elizabeth er p the tithe of wood be allot to  the vicar the defendant show that for year last pass there have not be any  vicar present there until the plaintiff obtain a presentation from the queen  by colour of lapse and so pretend that in regard it have continue so long in  this manner that it reunite again to the rectory bat the court inform the jury  that although a vicarage be always take out of the parsonage and for the  necessity thereof may he reunite to supply the parsonage yet by continuance of  time in not present a vicar which ig the default of the parson himself it  ought not to he adjudge to be a discontinuance of the vicarage but some what  ought to be show of the reunite thereof wherefore by the court be direction  the jury find for the plaintiff
case ROBODHAM against VENLECK in slander when the introductory matter be  sufficient show a innuendo may explain the doubtful word ante action for word  whereas the plaintiff exhibit in the king bench article of the good behaviour  against the defendant and make oath before justice Whitlock one of the justice  of the say court of the truth of they that the defendant speak these word of  the plaintiff he innuendo the plaintiff make a false oath innuendo the oath  aforesaid before the judge innuendo the say justice and I have that in my  house that can prove it after not guilty and find for the plaintiff it be move  by ball that for these word a action lie not because he do not show there be  any speech of the plaintiff before nor of that oath also he do not show it to  be a false oath take in any court but absent Richardson Jones Berkley and  myself hold that the action well lie for when it be allege to be speak false  of the plaintiff that be sufficient without show there be any speech of he and  when it be show that article for the good behaviour be exhibit in the king  bench and he swear to the truth of they before justice Whitlock and he affirm  that this oath be false this be a scandalous speech and charge he with perjury  for it be a oath take in a court of record and it be not like to the case  allege that thou be forswear croak car er p in Whitechurch court a for this  court have no cognizance that Whitechurch be a court of record and here when  the defendant have plead not guilty and be find guilty that ascertain the  court be speak those word of the plaintiff and concern that oath wherefore it  be adjudge for the plaintiff
case roch against cool a writ of error pen can be plead in bar to a action on  the judgement but the court will stay the proceed unless good cause be show  why execution be sue out upon motion here to stay proceed in a action of debt  bring on a judgement here whereupon a writ of error be sue and pen in the  exchequer Chamber and grant all thing be order to stay till the writ of error  be determine although it be hold by the court as it have be several time here  resolve that such writ of error be no plea to such action bring on the same  judgement whereof the error be sue and say by the court that such action of  debt be not to be countenance unless there be good and sufficient cause why  they shall not take the ordinary course of sue out execution on their  principal judgement a
case rockley versus Kelley Eq Abr pl S c but not S p whether exception to a  decree of the commissioner of charitable use may be hear before the master of  the roll by the statute Elizabeth c or only before the chancellor vide Blackst  Com a decree be make by the commissioner of charitable use and exception be  take to it and they now come on before the master of the roll and he and most  of the bar be of opinion that by the statute of Elizabeth the master of the  roll may hear a appeal as the chancellor may and may affirm the decree and  give cost notwithstanding the statute mention only the chancellor but Mr  Edward the register say it ad always be a exception and therefore the master  of the roll will do nothing in it
case roden against smith legacy Payable at twentyone with a certain allowance  in the mean time the legatee die before twentyone his administrator not  entitle to the legacy till such time as he will have attain twentyone green v  Pigot bro c c fonnereau v fonnereau Ves sen Chester v painter p W Crickett v  dolby Ves a devisee over will be entitle on the death of the infant laundre v  William p wms V anon vern Chester v painter p wms S c hill ms at delegate that  April one give a legacy of pound to his grandchild Payable at twentyone and to  be allow pound ayear for maintenance till four year old and pound ayear  afterward till twentyone the grandchild die before twentyone Q whether the  administrator shall be pay the money immediate and so be entitle to the  interest of it from the death of the infant or wait till such time as the  infant will have attain twentyone hold that the administrator claim under the  infant can not be in a better condition than the infant be and therefore not  entitle to receive the legacy till such time as the infant will have attain  twentyone vide distinction between a person claim the legacy by a limitation  over and a administrator of the infant claim it the former take immediate on  the death of the infant the latter stand in the same situation as the infant  and be not entitle to receive the legacy till such time as the infant will  have attain twentyone except the whole interest of the legacy be give in the  mean time in which case the administrator be entitle to receive the legacy  immediate on the death of the infant fonnereau v fonnereau Ves sen Cloberry v  lamper Ch can Freem green v Pigott bro c c may v wood bro c c but a direction  for maintenance will not entitle the administrator to receive the legacy  immediate hanson v Graham Ves Pulsford v hunter bro c c t ambler er p
case rodney versus hare all at the roll the plaintiff have assign error in  state account the master of the roll make a order for he to pick out those he  will insist on and consent to waive the rest if he shall be of opinion they be  not error if he think they error he will either open the account or give he  leave to surcharge or falsify where witness have be examine and no replication  the court at the hear or even after a decree will order a replication to be  file nunc pro tune a cause be at issue by the replication and a rejoinder be  never actual file captain Rodney file a bill against the colonel and the agent  of the regiment for a account of his pay and the pay of the company and to set  aside five state account sign error except and he assign one hundred and fifty  error in the account and the cause come to be hear the master of the roll make  a order that the plaintiff shall pick out those error he will insist on and  give the defendant a note of they and consent to waive the rest if the court  shall be of opinion that they be not error but if the court he say shall think  they error that will be a good cause either to decree a open account or to  give the plaintiff a liberty to surcharge or falsify the defendant have plead  in bar these five state account begin to read proof to their plea and no  replication be file the master of the roll make a order that the replication  shall be file nunc pro tune and say that such order have be often make after a  decree but the defendant insist that then the cause will not be at issue for  want of their rejoinder and that though they may rejoin gratis the plaintiff  can not compel they without a subpoena but the master of the roll hold that  the cause be at issue by the replication for the issue be offer by the  defendant traverse and a rejoinder be only a fiction of the court and be never  actual file
case roe against haugh S c salk S c salk b be indebt to a in the sum of  fortytwo pound and c in consideration quid a to take without effort vellet  Self c before debtor Self a pro forty duob lib eiden a per b tunc debit in  vice et loco the same b super see assumpsit et eiden a to let go quod ipse c  easden forty two lib eiden a to loosen vellet a die his executor on this  promise bring a assumpsit against c aver in their count that a the testator  trust to the say promise of c to take without effort prd c before debtor Self  without say anything that modern report he discharge b non assumpsit plead  verdict and judgement for the plaintiff Writ of error bring in the exchequer  Chamber the error insist on be that this be a void assumpsit here be no good  consideration for except b be discharge c can not be Chargeable for which  reason blencowe Powell and ware be of opinion judgement shall be reverse but  powis Nevil Lechmere and Treby that this be after verdict they shall do what  they can to help it to which end they will not consider it only as a promise  on the part of c for as such it will not bind he except b be discharge but  they will construe it to be a mutual promise videlicet that c promise to a to  pay the debt of b and a on the other side promise to discharge b so that  though b be not actual discharge yet if a sue he he subject himself to a  action for the breach of his promise the judgement be affirm modern report er  p trinity term the nine of William the three in the king bench sir John holt  Knt chief justice sir Thomas Rokeby Knt sir John Turton Knt sir Samuel Eyre  Knt justice sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor  general
case roe against hearty Writ of error do not lie in c b upon judgement in  inferior court I roll ab more Leon Leon dyer and cart it be hold by all the  justice that a writ of error do not lie in the common plea upon a erroneous  judgement give in any inferior court of record and this be as they say upon  great advice f n b count d v Elizabeth dyer
case roe against roe if a defendant in dower appear and plead tout temps  priest the demandant shall have damage from the testae of the original writ of  enquiry on a writ of dower the defendant come on the first return of the  summons and plead tout temps priest upon which there be a writ of seize and a  writ of enquiry of damage the question be what damage the demandant be entitle  to the court she be entitle to damage from the testae of the original to the  writ of enquiry she lose it from the death of her husband to the testae of the  writ and this modern er p have be settle in the case of spiller v Andrews in  Hilary term in the eight year of George the first and in dobson v dobson in  easter term in the seven year of George the second though   light be contra
case roger baker Elizabeth ux plaintiff Francis white all defendant Feb Eq can  ab pl S c a be a widow give a bind to pay b pound if she marry again and b  give a bind to the widow to pay her executor the like sum if she shall not  marry again the widow soon after marry her bind decree to be deliver up the  plaintiff Elizabeth while a widow be by the contrivance of her sister whether  now the wife of alvuin and of the defendant white at a meeting for that  purpose appoint at the devil tavern prevail Vernon chancery case upon to give  a bind of two hundred pound penalty to the defendant white date Oct condition  that if the plaintiff Elizabeth then a widow shall afterward marry again then  she her executor administrator or assign shall pay the defendant white his  executor c one hundred pound in eight day after such marriage and the  defendant white at the same time give her a bind of the like penalty condition  to pay the executor c of the say Elizabeth one hundred pound if she the say  Elizabeth shall not marry again before she depart this life the plaintiff  Elizabeth have marry the plaintiff baker they bring their bill to have her  bind deliver up and although it be insist that the plaintiff be well apprise  of what she do be then a widow and near thirty year of age and the matter have  be often discourse of and consider by her at other meeting between they before  that time at which the bind be execute and after the give of the bind declare  herself well satisfy therewith and though the money the defendant be to pay be  not Payable in the lifetime of Elizabeth yet it will help to increase her  daughter portion and that if she the Vernon chancery case er p say Elizabeth  have die unmarried the defendant white can not have be relieve against his  bind non allocatur but the bind be decree to be deliver up to be cancel and  also the bind from the defendant to the plaintiff Reg lib a fol I vide key v  Bradshaw ante p m cock v Richard Ves and case there cite
case roger Windham against Edward clear disapprove Morgan v Hugh t r action  upon the case lie against a justice for issue his warrant to apprehend a man  for felony without any accusation against he S c I Leon vent keb Bulst Com dig  Cowp dougl term Rep hawk action upon the case and declare that the defendant  be a justice of peace in the county of n and whereas the plaintiff be a loyal  subject c the defendant malicious intend to deprive he of his good name and  fame do direct his warrant and show it in certainty c to diverse constable to  attach he allege he be accuse of the steal of the horse of a b by reasoh  whereof he be arrest till he put in bind to appear c where in fact he be never  accuse nor do steal the horse and the defendant do know he to he guiltless by  reason whereof he be great discredit upon non culp plead it be find for the  plaintiff and it be hold by Clench and gawdy the action be maintainable if a  man he accuse to a justice of peace for a offence for which he cause he to he  arrest by his warrant although the accusation he false yet he be excusable but  if the party he never accuse but the justice of his malice and own head cause  he to he arrest it be otherwise and they command judgement to he give for the  plaintiff Henry a
case rogers against bird a error in the return horned owl the v venire facias  may he amen dead after verdict if proper award oh the roll ante ld raym I term  Rep debt upon a obligation the defendant plead to issue and it be find for the  plaintiff after verdict it be move in arrest of judgement that the v venire  facias be returnable die Sabbathi croak Elizabeth post octab Trin and the  distringa issue hear date the day after tomorrow the number three and trial  have thereupon and because it be without warrant be before the return of the  venire facias it be therefore ill but because by the roll the venire facias be  award returnable crqstino the number three which be the warrant to make the  venire facias and be well award and it be the default of the clerk who do  contrary to the roll it may be well amend wherefore it be rule that it shall  he amend accord to the roll and the plaintiff have judgement but Popham say if  the trial have be upon the venire facias it be erroneous and have not be  amendable vide Edward pl Richard pl
case rogers against cook a administrator can join in the same assumpsit a debt  due to himself and a debt due to the intestate SC salk SC Carth SC will action  as administrator and count on a indebitatus and quantum to deserve to the  intestate and a accuse computasset between plaintiff and defendant of diverse  sum due to the plaintiff and a assumpsit to he and hold ill
case rogers against Danvers a executor who be bind in ajoint and several bind  with his testator may plead the bind and no asset ultra or may give payment of  it in evidence under a plene to manage S C Freem lev lev lev side raym Vaugh  carter Lutw Mod Mod Mod Mod Mod case tempt Talb debt against S Danvers and d  Danvers executor of g Danvers upon a bind of one hundred pound enter into by  the testator the defendant plead that g Danvers the testator have acknowledge  a recognizance in the nature of a statute staple of twelve hundred pound to I  S and that they have no asset ultra c the plaintiff reply that d Danvers one  of the defendant be bind together with the testator in that statute to which  the defendant demurrer Baldwin sergeant for the defendant if this plea be not  good we may be double charge it be true one of we acknowledge the statute  likewise but in this action we be sue as executor this statute of twelve  hundred pound be joint and several so that the conusee may at his election  either sue the survive conusor or the executor of he that be dead so that the  testator good that be in our hand be liable to this statute it run to go away  see el a bag of hide the dawn if it be joint the charge will survive and then  it be against we it be common for executor upon pleinment administer plead to  give in evidence payment of bind in which themselves be bind with the testator  and sometime modern such person be make executor for their security the court  be of opinion against the plaintiff whereupon be pray leave to discontinue and  have it
case rogers against Davenant a bishop can appoint commissioner to tax the  parish towards building or repair a church S C Mod Mod Mod vern l ld ray stram  Bac Abr in prohibition the question be whether if a church be out of repair or  so much out of order that it must be reedify the bishop of the diocese may  direct a commission to empower commissioner to tax and rate every parishioner  for the reedify thereof the court unanimous agree that such commission be  against law and therefore grant a prohibition to the spiritual court to stop a  suit there commence against some of the parishioner of Whitechapel for not pay  the tax accord to their proportion modern er p it be agree that the spiritual  court have power to compel the parish to repair the church by their  ecclesiastical censure but they can appoint what sum be to be pay for that  purpose because the churchwarden by the consent of the parish be to settle  that as if a bridge be out of repair the justice of peace can set rate upon  the person that be to repair it but they must consent to it themselves a see  the Ann saint c and Geo c hawk p c a these parishioner here who contribute to  the charge of repair the church may be spare but as for those who be obstinate  and refuse to do it the spiritual court may proceed to excommunication against  they but there may be a libel to pay the rate set by the churchwarden
case rogers against parry a declaration on a promise to grant a lease of a  house and not to carry on a particular trade in the shop be good without  allege in the statement of the breach that it be the shop aforesaid or parcel  of the house or that the promise be make during the term assumpsit in  consideration of ten pound he promise to make he a lease for twenty one year  April James and that the defendant be possess of a house adjoin whereof a shop  be parcel assume that he will not suffer the trade of a joiner to be use in  the say shop during the say term and allege in fact that he pay the ten pound  and that the defendant the same day to send down property prediction for  twentyone year in form prediction and that upon the that April James and for  the year follow he permit one I S to use the trade of a joiner in shopa  parcella messuagii predict contra form adoption prcedict after non assumpsit  plead and verdict for the plaintiff it be move in arrest of judgement that the  declaration be not good because he do not say in shopa predict nor that it be  parcel of the house tempore adoption nor that the promise be make during the  term for the term may be surrender say non allocantur for the term shall be  intend to continue unless it be otherwise show on the contrary part vide  yearbook Henry pl also the shop be parcel shall be intend always parcel and  contra form adoption intend that it be the foresay shop and although he do not  show that the demise be to croak James er p the plaintiff yet because it be to  send down in form predict it shall be intend to be to the plaintiff
case rogers against wood plea of a release of a recognizance have a release of  a recognizance be plead to be ante emanation to know facias this be nought for  it may be make before the action be bring and the plea true and then the  release be void modern report er p modern report michaelmas term the eleven of  queen whether in the queen bench sir Thomas Parker Knt chief justice sir  Littleton powys Knt sir Robert Eyre Knt sir Thomas powys Knt justice sir  Edward Northey Knt attorneygeneral sir Robert Raymond Knt solicitor general  rush v Seymour modern er report date case rush against Seymour amendment may  be make by the commonlaw while the proceed be in paper the statute of  amendment extend only to plead of record therefore plead while in paper be  amendable by commonlaw a see Bondfield v milner burr a ancient all plead be  over as far as at the bar and then if any error be spy in they it be present  amend since that custom be change the motion to amend because all in paper  succeed in the room and it be a motion that the court can refuse but they may  refuse it if the party desire it refuse to pay cost or the amendment desire  shall amount to a new plea modern report michaelmas term the eleven of queen  whether in the court of chancery before sir Simon Harcourt Knt Lord keeper sir  Thomas Parker Knt chief justice sir Thomas Trevor Knt chief justice sir John  Powell Knt justice sir John Trevor Knt master of the roll
case rogers and his wife against goddard a former verdict can be read in  evidence on a new trial assault and battery for a assault on the wife Lord  sander hold on the trial of this cause in Middlesex be the first sit this term  that a verdict on a former trial ought not to be read as evidence on a new  trial in the same cause for when a new trial be grant the old verdict be set  aside and the party pay cost for the same a and the design of the court be  that it shall be try original c and it be hold likewise by he that husband and  wife ought not to join in trespass for a assault on the wife if the same be  with her consent for where they join the action survive b now here if the  husband die the wife can proceed or begin de to make new with this action  because it be with her own consent and in such case therefore the husband may  and ought to bring the action alone upon his special case c for though the  wife consent that will not excuse the defendant for she have not power  substantial object Himself holt say that the very last assize the Lord chief  baron overrule he in that very exception and so say Jefferyes sergeant that  Lord hale have do but the Lord chief justice Vaughan allow it and always hold  they can not join
case ROHERT brown and wife against GARBOROUGH a assumpsit will lie on a  promise to pay a woman a sum of money in consideration that she intermarry  with the plaintiff and that another do not assure certain land to her upon  that event post cro James cow assumpsit and declare of a promise make to the  feme dumb sola to be and allege that whereas a communication be hetween Jo  brown father of they plaintiff Rohert and the defendant cousin of the say  Rohert brown and the say feme when she be sole of a marriage to he have  hetween the say plaintiff and the say Jo brown promise to the feme that if the  marriage do take effect that he will assure to they such land c croak  Elizabeth and the defendant do then promise to her that if Jo brown do not  perform his promise the defendant will give her one hundred pound and allege  that the marriage do take effect and the land be not assure c upon non  assumpsit it be find for the plaintiff Shuttleworth sergeant move in arrest of  judgement that there be no sufficient consideration to ground the promise for  the feme be a mere stranger to the defendant and there be no reason for he to  give her one hundred pound in marriage gawdy and schute conceive it a good  consideration for it be allege that the defendant be kinsman to Ro brown the  plaintiff and it be to he intend that by reason of these word she be induce to  marry r brown which otherwise she will not have do and they command judgement  to he enter for the plaintiff and upon a writ of error bring the judgement in  Trin Elizabeth be affirm for peradventure she trust the defendant rather than  Jo brown and the defendant be cousin to the say r brown plaintiff a see Geo c  S croak Elizabeth er p
case roil against bagshaw a promise to pay so much quantum to deserve with a  averment qubd to deserve tantrum be sufficient without say to who assumpsit  lie on two consideration though one of they he void cro car post roll ab Poph  Noy cro car cro James roll ab side Mod hard yely lev Bl Com ante salk  assumpsit and declare that in consideration that he at the request of the  defendant will deliver as man that quarter of malt to I S to his use as he  will receive and have before such a day the defendant promise to pay tale  containing ten each summas c before the first day of August and allege in fact  that he deliver so many quarter of malt videlicet each of such value c and  upon non assumpsit for part and payment plead for the residue it be find  against the defendant Lewis move in arrest of judgement first it be not allege  to who the money shall he pay say non allocatur for it shall he intend to the  plaintiff second the promise be uncertain for he do not promise any sum but  tale containing ten each summas but say not what c say non allocatur for Wray  say when the croak Elizabeth plaintiff afterward show the value of every  quarter it shall he intend he shall pay accord ing to that rate and such  general assumpsit one payment the other non assumpsit be good three there be  two issue the psit and the Jur find for both qubd assumpsit whereas they shall  find for one he do not pay and for the other that he do assume but because  upon the dorse of the postea it appear that the Jur find both issue against  the defendant and it be but the misprision of the clerk of assize the record  be rebailed to he to amend it which he do and the plaintiff have judgement  croak Elizabeth er p
case roll against sprout ante page case a action of debt will not lie by a  attorney of c b against a executor upon a contract of the testator for fee in  c b and also for solicit cause in b r post sand more cro James cro car Cowp  the case be now move again gawdy continue his opinion that debt lie not  against a executor upon a simple contract with the testator although he  acknowledge the contract or admit thereof but the court ex duty ought to ab  ten the writ but Popham and Fenner contra but then there be another matter  move that this action of debt will not have lie if it have be bring against  the testator himself for part thereof videlicet for so much as he expend as  solicitor in suit in the queen bench for those be not Allowable by the law for  such fee which he expend in such business and therefore no action lie for they  but a attorney in such case where he be attorney may lie out fee and have debt  for they b and of this opinion be Popham Clench and gawdy but Fenner doubt  thereof afterward in pasch Elizabeth be move again they hold their opinion  that for those fee the action lie not so the writ be abateable in all and  therefore they give rule that if other matter be not show the four day in  Trinity term follow that judgement shall he reverse b but now by Geo c S a  attorney may practice in other court than that in which he be admit croak  Elizabeth er p
case roll versus roll Mercury April Eq can ab pl S c land settle on trustee  for raise portion for daughter on bill for a sale court will decree the heir  to join in the sale though he have no legal interest land settle on trustee  for raise of maintenance and portion for daughter the bill be to have a sale  and that the heir may join it be object that the estate in fee be in the  trustee and the heir have no estate in he he ought not to be compel to join in  a sale decree that the heir shall join and the case of pit and Pelham Ch can  Freem in parliament cite cum many men other vide crew v Jolliff pre Ch Welby v  Thornagh ux ibidem
case rook versus rook march Eq can ab pl pre Ch S c a seize in fee devise  Blackacre to b for life and devise to c all his land not before devise to be  sell by this devise of all his land c the reversion of Blackacre be well  devise to c I S seize in fee devise Blackacre to a for life and devise to b  all his land not before devise to be sell and the money to be divide between  his young child the question be whether the reversion of Blackacre pass by the  devise of all his land not before devise and it have be refer to the judge of  the common plea they unanimous agree and certify that the reversion be well  devise and it be decree accord that the reversion upon particular estate will  pass by such word as in the principal case and by the word land message  tenement and hereditament be consider as the establish doctrine at law and in  this court vide Wheeler v Watson Aleyne haw v cony cro Elizabeth cook v  Gerrard Le v Hyley v Hyley Mod Lydcott v Willows ibidem and case there refer  to and note in Lydcott v Willows the asset be sufficient without the reversion  although in haw v cony ub sup Wray just say have it be find that the land in  possession be sufficient this may peradventure have alter the case as to the  case of Hyley v Hyley and Lydcott v Willows vide Chester v Chester p wms so  Kingsman v Kingsman post Ridout v pain atk ves S c and see the case cite in  note ten and that to Chester v Chester p wms that edition as to reversion pass  by general term of release of a debt vide Lord Braybroke v Inskip Ves Vernon  chancery case er p Vernon chancery case de term S michaelis in curian porter
case rook versus rook vent freeman S c Eq Abr pl S c Eq Abr pl lev cro  Elizabeth vern S c wms atk ves brown parliament case Cowper e contra Mod vin  pl burrow a seize in fee devise black acre to b for life and devise to c all  his land not before devise to be sell for payment of debt by this devise of  all his land c the reversion of black acre passes to c one devise black acre  and while acre to a and after by the same will devise to b his executor all  his land not before particular dispose of to be sell for payment of debt and  the only question be whether this will pass the reversion of black acre and  white acre it be argue that it shall not because all the land not before  particular dispose of be exclusive of the land before devise though the whole  estate in they be not devise and that a heir be not to be disinherit on  doubtful word on the other side it be say these word be only mean to have such  estate as have be before devise not to exclude the remainder of they from pass  for which be cite Allen hely versus hely Mod vide wms n and the testator have  no other land leave to devise but the say reversion my Lord keeper be clear  the reversion pass and on advice with all the judge of c b they all hold so  too on a case state to they for their opinion
case ROOKESByS case a quare he foot soldier may he amend where the abatement  of it will cause defect of justice ante post   Com dig Cowp dougl term Rep  quare hinder the original writ want this word ad for whereas the writ shall he  quce ad donation svan observe the writ be quce donation svan observe and after  diverse motion for amend it the writ by award be amend and ad put in and the  principal reason be that the six month be pass and if the writ shall abate  which be purchase within the six month the plaintiff shall he remediless to  recover his presentation
case ROOKWOODS case assumpsit will lie on a promise to pay a annuity in  consideration that landsare not charge with it rookwood have issue three son  have a intent to charge his land with four pound per annum to each of his two  young son for their life but the old son desire he not to charge the land and  promise to pay to they duly the four pound per annum to which the two young  son be present agree and he promise to they to pay it and for nonpayment after  the death of the father they bring a assumpsit the whole court hold clear that  it be well bring and that it be a good consideration for otherwise his land  have been charge with the rend croak Elizabeth er p
case roop against scritch the car c S which give no more cost than damage when  under S do not extend to trespass original commence in a interior court in a  action of trespass several trespass be set forth and the defendant be find not  guilty as to all but one which be foot ambulando and the damage five shilling  and no more modern this cause begin original in a inferior court and be remove  hither and the court allow full cost though the damage be so small quod notam  in the case of gavel v Scudamour in Hilary term the car a distinction be make  that where the cause be remove from a inferior court by the defendant the  plaintiff shall have full cost without a certificate under bar c S although  the damage be under forty shilling but not where it be remove by the plaintiff  lev and this distinction be follow in the case of the archbishop of Canterbury  v full ld ray cook v beal salk but see Freem Mod pale yellow his c p Com dig  vo Bac Abr hullock on cost bull n p a
case roper versus roper eoden die master of the roll Eq can ab pl S c upon a  decree for payment of money after a writ of execution and a attachment return  court refuse to give leave to defendant to be examine unless he give security  to abide the decree the court have decree that either the defendant shall pay  a sum of money by a time therein for that purpose limit or in default thereof  that the plaintiff shall hold and enjoy the land charge therewith a writ of  execution of the decree have issue and a attachment for nonperformance thereof  and now upon the return of the attachment the defendant move he may appear and  be examine vide Danby v Lawson pre Ch and it be insist he ought to be admit  thereto for that he may show that the process issue not regular or that he  have pay the money or have a release and that it be against common sense that  a man shall be attach for a suppose contempt and yet shall not be hear to make  his defence and the Vernon chancery case case of the duke of Norfolk be cite  where there be a writ of execution then a attachment and then a injunction for  possession and afterward when a writ of assistance be move for upon debate he  be admit to appear and be examine but in this case the master of the roll  order the process to go on and will not admit the defendant to appear and be  examine unless he will give security to perform the decree
case Rosewell against prior Michaelmas term will roll in a action for stop the  plaintiff light it be sufficient to declare that be be possess of such a  message for year and have and ought to have such light without state that the  message and the light be ancient S c salk S c comb S c Carth S c Mod S c holt  S c ld ray S c lily Ent case for stop the plaintiff light the declaration be  that the plaintiff be possess of such a message for a certain term of year et  to have et to have to withhold such and such light thereunto the question be  whether this be a good declaration without say that it be a ancient message  with ancient light holt chief justice if a man have a vacant piece of ground  and build thereupon and that house have very good light and he let we this  house to another and after he build upon a contiguous piece of ground or let  we the ground contiguous to another who build thereupon to the nuisance of the  light of the first house the lessee of the first house shall have a action  upon this case against such builder c for the first house be grant to he with  all the easement and delight then belong to it and it be agree that former the  way be to declare of ancient light and ancient message but now that be alter  vide the case of saint John v moody vent lev keb a per curian judgement be  give for the plaintiff
case ross against moss Questoned l a risv Venbles l r tx a promise to  discharge one suit in consideration of relinquish another be void ante post  error be bring in the exchequer Chamber of a judgement give in the queen bench  in a assumpsit where the plaintiff declare that in consideration he will  relinquish such a suit the defendant promise to discharge he against all suit  of I S and allege in fact that he relinquish his action and that the defendant  have not discharge he from such a action and hereupon judgement be give for  the plaintiff the error assign be that this be not any consideration for he  may relinquish it today and afterward begin it again he ought also to have  aver be that the action which he be to discharge be actionable and for both  those cause it be hold to be erroneous and the judgement be reverse a see Bac  Abr p and the case there cite croak Elizabeth er p
case roswell against prior see S c Mod case for stop his light not say to be a  ancient house good after verdict have be ill on demurrer S c post S c Mod S c  salk S c comb S c Carth S c holt S c ld ray S c lily action upon the case  wherein the plaintiff declare that he be possess of a certain house for a term  of year yet to come wherein be twentyone window whereby the light to bring in  to become used et to withhold into the house that the defendant erect a  building near the say house whereby the light be obstruct verdict for the  plaintiff and move in arrest of judgement that there be no prescription make  to the light and it be not so much as say that it be antiquity messuagium but  per curium be after verdict the declaration be good it must be intend that the  plaintiff be put to prove it to be a ancient house and unless it have be a  ancient house and light the jury can not have find for the plaintiff on a  demurrer this short way of plead have not be good
case rosy against sawkins billa and narrative be the same in b r S c post S c  holt trespass by a master for the battery of the servant per quod slavery c  the defendant plead action non because it do not appear that he be his servant  at the time of the battery commit conclude with a petit judaic de billa et  quod bill a empty a note at commonlaw information may be file without motion  in the name of the master of the crownoffice but since the statute of will  mary c it can be without leave of the court and that to avoid frivolous and  vexatious matter and that the party in case of acquittal or nonsuit have cost  note to former edition modern report er p and whether this be make a plea in  abatement by the conclusion be the question holt chief justice we must  discourage these sort of plead and billa and nar be the same thing in this  court and therefore one may demand judgement de billa and allege insufficiency  in the declaration and though such a plea as this ought not to be receive yet  since it have be receive there be no harm to award a to answer ouster for the  defendant can assign it for error because for his advantage and yet we may  justify to give final judgement and so be the rule
case Rotheram against Crawley easter term Elizabeth roll a release of all duty  will discharge a obligor from the payment of a bind SC Owen raym   a debt upon  a obligation the defendant plead a release and upon the plead the case appear  to he that there be controversy betwixt the plaintiff lord and the defendant  be his tenant for a relief and a heriot and they have submit it to arbitrament  it be award that there shall he a release make of them  and in performance of  this arbitrament a release be make by these word of all relief duty and  amercement and this release plead in bar of this obligation which be not put  inarbitrament nor intend to he release and upon all this matter disclose it be  demurrer coke attorneygeneral move that it shall not he a bar for this word  duty be place betwixt relief and amercement shall he intend duty of such a  nature and not any other wherefore it shall not extend croak Elizabeth er p to  this bind but the court hold the contrary for although the intent be not to  extinguish it yet duty extend thereto in extremity of law wherefore it shall  he a extinguishment and discharge of the bind and thereupon it be adjudge for  the defendant a
case Rothwell versus Widdrington maii Lord chancellor Eq can ab pl S c a feme  covert after the death of her husband bind by a enclosure to which he have  agree it appear that her estate be much improve by the enclosure and that by  distribute it she aim at a unreasonable advantage to herself a decree be make  for a enclosure twenty year since to which the defendant the lady Widdringtons  husband have agree in his lifetime and she have a estate of about pound per  annum within the manor will now disturb the enclosure and though in strictness  her husband consent can not bind her interest yet it be prove in the cause  that her estate be much improve by the enclosure and that she design only to  make a unreasonable advantage to herself the court decree the enclosure shall  stand The cause be hear on the that January precede and decree make as above  Reg lib b fol and affirm on a rehear that may Reg lib b fol vide Conyers v  tenant of hull hall mich Geo lib so a agreement between a lord and his tenant  for settle heriot and stint the common revive by a bill bring by a purchaser  who do not come in privity be confirm in this court don v Allen ante Ireland v  rittle atk so a agreement for stint a common decree to be perform though  oppose by one or two of the tenant Delabeere v Beddingfield post vol otherwise  as to a enclosure ibidem say vide Bruges v Curwen on appeal ibidem et vide  week v staker ibidem arthington v Fawkes ibidem Vernon chancery case er p
case ROTTENHOFFER against Lenthall to debt on a judgement in the king bench  the defendant can plead a writ of error depend SC Carth debt on a judgement in  a action on the case against Lenthall as superior officer for a escape permit  by Ellis in which we have five hundred pound damage on a writ of enquiry the  defendant plead in abatement a writ of error pen and I demurrer and upon  argument it be hold per tout Le court to be no plea and that the law be always  take to be so till one case in sir Francis pemberton time when a difference be  make between in bar and in abatement a but per curian it be all one and  judgement for the plaintiff and afterward they plead it in bar and we have  judgement vide Keble
case rous versus noble Eq can ab pl SC Ch can testator give a legacy to his  child Payable at his age of and make his wife executrix and residuary legatee  she marry again and die her second husband take administration de good non c  upon a suggestion of insolvency the second husband order to give security to  pay the legacy when due the testator devise a legacy to his child a infant  Payable at the age of twentythree and make his wife executrix she marry a  second husband and die and he take administration de good non with the will  annex his wife be residuary legatee bill suggest his insolvency and pray that  he may give security to pay the legacy when Payable and decree accord so  batten v Earnley p wms Slanning v style p wms the court general act by the  appointment of a receiver but it require a strong case to be make against a  executor before it will take from he the administration Middleton v Dodswell  Ves Howard v Papera mad Scott v Becher price Langley v hawk mad Vernon  chancery case de term S HILLARII in curian porter
case ROUSBY against man if a award be make in write ready to be deliver by a  particular day it be sufficient to show that it be make in write by the day  without add that it be ready to be deliver SC Carth SC post SC Mod debt on a  bind condition to perform a award nul award plead replication set forth the  award and breach demurrer the exception take be because he do not say accord  to the condition that it be make ready to be deliver to the party but only in  scribe holt chief justice it seem unnecessary for a actual delivery be not  requisite by the condition and a bare make in write import its be ready to be  deliver to the party Adjornatur a
case ROUSBY against man in debt on bind condition so as the award be deliver  to the party who desire it it need not be aver that it be deliver SC ante SC  Carth SC Mod debt upon a obligation condition to submit to a award ita quod  that it shall be ready to be deliver to the party or to such as shall desire  it ad well ante c plea nul tiel award replication award and breach and  demurrer because do not say it be ready to be deliver Tremain cite for  exception Jenkinson v Allen keb Robert v Marriott sand both the same case  Hungates case   Thompson e contra that it ought to have come on their side  that it be desire and not ready to be deliver to he holt chief justice it be  in write and therefore ready to be deliver of necessity and so well enough and  judgement be give for the plaintiff vide cro James cro car full v lane in the  common plea that it be a exception but hale e contra
case ROWNEYS case Eq can ab pl S c baron and feme jointtenants for their life  baron sovus the land and die before severance who shall have the corn where  stranger be jointtenants the emblements will go to the survivor John rowney on  his marriage settle the land in question to the use of himself and wife for  their life and of the survivor of they remainder to the heir of their Vernon  chancery case er p two body c the husband die leave the ground sow with corn  the question be whether the emblements on the land settle as aforesaid shall  go to the wife or to the executor Vernon chancery case of the husband it be  admit that where stranger be jointtenants it will survive but be between  husband and wife they will have it to be within the reason of the case where  the husband be seize in right of the wife and there by the opinion of my Lord  roll the emblements shall go to the executor of the husband the court propose  to each to take a moiety which be agree to if husband and wife be jointtenants  of the land and the husband sow the land and the land survive to the wife it  be say that she shall have the corn   Litt b vide dyer a pl like the principal  case
case rowston against combat to assumpsit in the king bench the defendant can  plead another action depend for the same cause in the common plea post  Indebitatus assumpsit for good sell and deliver the defendant plead that he  ought not to answer to the say declaration because there be another action pen  ex eoden causan in the court of common plea per curian this be not a demurrer  to your declaration or a plea in bar but in abatement of the declaration and  to answer beyond be award for plead of other action pen in bar or abatement  vide   c Ferrars case   b b   cro Elizabeth lat more vent Mod Lut c hob see  also Carthew and post note to the former edition a
case royston against Eccleston ejectment be but ail action of trespass in its  nature and lie for a house and a garden palmer Leon strange Runn eject Com dig  burr dougl term Rep ejectment de One house et to make one orchard c after  verdict it be move in arrest of judgement that a praecipe lie not de house for  non constat what it be but he ought to demand messuagium and that a praecipe  lie not de orchard but he ought to demand it by the name of a garden so this  action which be to recover the possession ought to have be as certain as a  praecipe and accord to a praecipe say non allocatur for it be but a action of  trespass in its nature and therefore as trespass lie quare house to break in  pieces or as waste lie de house so this action lie and it have be adjudge that  a ejectment lie of a close give it a name so here be a convenient certainty so  as the sheriff may deliver possession and for the same reason the action bring  pro orchard be well enough wherefore it be adjudge for the plaintiff
case rudd and his wife against berkenhead Hilary term will mary roll in reply  a attachment of privilege to the statute of limitation all the continuances  must be state SC Carth SC salk case upon assumpsit declaration by bill against  the defendant in custody statute of limitation plead the plaintiff reply a  attachment of privilege sue out the defendant demurrer a exception be take  that the count be by bill as in custodian mareschalli and no imparlance or  continuance shower KB e contra the case of Whitehead v Brickland be urge style  that a appearance help it send adjornatur a but by holt chief justice a  attachment of privilege be but as a latitat and not as a original b
case rumball against ball refer to in re George Ch d in debt on a note Payable  on demand it be not necessary to allege a demand in the declaration action of  debt upon a note to this effect I acknowledge myself indebt to such a one so  much which I promise to pay upon demand it be move in arrest of judgement that  though upon a note acknowledge a debt it be not necessary to allege a demand  yet where it be part of the agreement there a demand be necessary but the  court be of another opinion for it be a debt in prsenti and the word promise  to pay import no more than that I be ready to pay the money at any time and  shall not restrain or qualify the other word this be no debt arise upon the  performance of a certain condition but a debt plain precedent to the demand  beside suppose the demand necessary the action itself perhaps be a demand
case rundle versus rundle Feb post can Eq can ab pl S g Freem seem S c  Alexander Rundle purchase a copyhold estate in a western manor for his own  life and the life of John his son and of Alice who be his niece Alexander and  John his son be both dead the plaintiff who be the widow and administratrix of  Alexander bring her bill against Alice set forth the custom of the manor prout  and that the name of Alice be make use of by Alexander in trust for he who pay  the whole fine in the report of this case post it be say it do not appear the  fine be pay by Alexander which be material see smith v baker atk wither v  wither Amb c and pray the same may be decree a trust and make liable to the  debt of Alexander Vid order in the report of this case post it be say it do  not appear the fine be pay by Alexander which be material see smith v baker  atk wither v wither Amb
case rush against tory if a bill be enter on a day before the cause of action  and error thereon bring the record can be amend by the judgement in a  judgement upon a P  of mutuor the bill appear to be file on a certain day  videlicet memorand quod die loveliness c which day happen to be before the  debt become due this be assign for error upon a writ of error bring to reverse  this judgement and now the court be move in behalf of the plaintiff to make  the memorandum of another day so that it may agree with the judgement but it  be deny modern er p
case Rushworth against Hodson if one of two partner become a bankrupt the  assignee can maintain trover for money due to the partnership but they may  recover a moiety in a action of debt trover and conversion of money as  assignee of the commissioner of bankrupt of forth the bankrupt in the evidence  on a trial at the bar the case appear to be thus two creditor joint brewer one  become a bankrupt the whole debt be assign over resolve that debt will have  lie and the assignee shall have recover a moiety for one moiety only do pass  by the assignment but as in this case the money be receive as the joint trader  money here the assignee can bring trover for the whole because he lie by that  the sole property in himself which be not so and a assignee can only have such  action as the bankrupt himself may have have a
case Rushworth against wade Michaelmas term car roll in what case a promise or  agreement make by a three person to a bailiff in consideration of his  discharge a prisoner in custody on mesne process be good SC Jones shower KB er  p debt on a bind the condition be to surrender himself at the end of six day  as a true prisoner upon a latitat for c ac etian pro debt is owed fourteen  hundred pound demurrer to the declaration after oyer of the condition argue  that a man may be let at large and render himself again upon mesne process so  that he be there at the return of the writ and there be cite Boytons case a  where that diversity be allow and the case of Benson v French b in case of a  promise and a assumpsit be bring thereon and hold good and judgement for the  plaintiff the case be in shower KB keb and no difference between a bind and a  assumpsit as to this purpose Adjornatur c
case russell against collins a assumpsit for work and labour general without  state the particular be good after verdict S C side S C vent S C keb post hob  cro James Mod fitzg Mod salk stram Com dig assumpsit be bring upon two several  promise and entire damage be give simpson move in arrest of judgement that for  one of the promise a action will not lie it be a general indebitatus for work  and labour do which be urge to be too general and uncertain by the court it be  well enough as pro goods a sale et pro slavery without mention the good or the  service in particular and the plaintiff have judgement
case rutland versus Molineux in court Lord chancellor Eq can ab pl S c a feme  covert agree to sell her inheritance so as she may have part of the money the  land be sell and her part of the money put into trustee hand this money not  liable to the husband debt though she afterward agree it shall be so the case  be a feme covert agree to sell her inheritance so as she may have two hundred  pound of the money secure to her the land be sell and the money Vernon  chancery case put out in a trustee name accord the bill be bring by a creditor  of the husband to subject this money to the payment of his debt and charge  that the wife promise and agree it shall be liable thereunto per cur this  money shall not be liable to the payment of any of the husband debt nor shall  any promise make by the wife for that purpose subsequent to the first original  agreement be oblige on that behalf there be mere a order of dismissal with  cost in the register book except that it appear that by a execution the money  belong to the defendant have get into the sheriff hand the same be order to be  pay to the defendant Reg lib b fol
case rutter against mill Trinity term James roll ejectment on a demise may  James habendum from may army pron  interrog  he enter c until afterward  scilicet the same day and year c be good ante Bulst side Mod run eject Cowp  error in the exchequerchamber of a judgement in the king bench in a ejectment  of a lease of Henry Pawney may James of a house in Windsor habendum a primo  die maii for three year army pron  interrog  the lessee enter and be possess  until what time postea scilicet the same die et year the defendant eject he  after verdict upon not guilty and find for the plaintiff and judgement for he  the error assign be that the same die c refer to the first day of may which be  ultimum anteceden and then the ejectment be allege before the lease make so  the declaration be not good say non allocatur for the allegation of the first  day of may be but for the beginning of the term and the declaration be quod  army dimission he enter postea eisd die et year c that refer to the day of the  lease make otherwise he can be possess army dimission wherefore the judgement  be affirm
case rutter versus rutter eoden die in court Lord keeper a freeman of London  leaves the city and life in the country year marry and make his wife a  jointure and die the wife shall have her share by the custom a man that be a  freeman of London leaves the town and life in the country twenty year together  and marry and make his wife a jointure and die she exhibit her bill to have  her share of her husband personal estate accord to the custom of the city of  London the defendant plead the husband leave the town and live twenty year in  the country and the jointure but the plea be disallow Reg lib b fol so  Cholmely v Cholmely post vol web v web ibidem contra as to the province of  York which be local and do not follow the person Cholmely v Cholmely ub sup
case Ryles case Burgalariter adjudge good in a indictment for burglary   b    hale hale hawk Ryle and other be indict of burglary Godfrey take exception to  the indictment because it be burgalariter fregeru c where it ought to have be  burglariter for there be not any such word as burgalariter and it have be  adjudge that all indictment quod murdervait where it ought to be murdravit be  hold ti he nought for this cause quod gawdy to go away and say that he  rememhered such a case to he so resolve here since he come to the place but  the court hold that the case werenot alike for burgalariter be as good a word  as burr qlariter and as often use in indictment as the other and diverse  precedent be show to that purpose wherefore it be resolve to he well enough a  Plowden croak Elizabeth er p
case Ryles case word not actionable ante action for these word he be a cozen  knave for he have sell I a chain of cop er for in chain of gold and he be a  cozen knave upon record  Atkinson p move that the word be actionable and vouch  Hedfords case for sa iffg thou that art a cozen knave for thou sell a saphir  for a diadem and the action be maintainable but Wray and gawdy conceive the  word be not actionable except it have been allege that he be a goldsmith and  get his live by sell of chain and such ware then peradventure the action will  lie but not here
case sache against yeoman judgement for damage and cost de growth without say  ex assent or ad requisitionem of the plaintiff be erroneous ante dougl error  of a judgement in Colchester the error assign for that in assumpsit the  verdict find damage and cost and the judgement be quod to express grief  recupere financial loss and cost find by the jury to S d de growth per curian  adjudge and he do not say ex assent Le plaintiff or ad requisitionem Le  plaintiff as all the precedent be for cost ought not to be insert for the  plaintiff but upon his request and the whole court be of that opinion  wherefore the judgement be reverse and this very term such like judgement in  Salisbury in the case of Cowslaw v Eyre be reverse for this cause
case sad versus carter Eq Abr c S c devise of land to a for life remainder to  such child or child as shall be live at his death and to their heir a pay  pound to b this be a charge not only on a s estate for life but also on the  remainder land be devise to the defendant carter and his wife for their life  and after their decease to such of their child as shall be live at the death  of the survivor of they and to their heir equal to be divide between they he  the say carter pay pound to the plaintiff c at a certain time precedent in  chancery the court decree the land to be sell for payment of the money and  then the defendant to have such a proportion of the overplus of the  purchasemoney as be answerable to their interest for life in the land for the  money devise be a charge upon all the estate
case sadler against daniel a administrator can sue in the spiritual court to  recover the intestate good wrongful take from his possession but he must bring  trover at commonlaw the question be whether a man may be sue in the spiritual  court for take away the good of a intestate from the administrator or whether  a prohibition shall not go it be resolve there shall be a prohibition for when  a administrator be make the power of the ordinary be determine and there be a  complete remedy at the commonlaw for the administrator in a action of trover  the party will by this mean be double harrass for a excommunication can never  be plead in bar of a action of trover it be difficult to say when this power  be first vest in the ordinary but probable superstition be the cause however  now by the statute law the ordinary must grant administration a by statute  Edward c and Henry c a and then his power be determine and the administrator  when put in by modern report the ordinary derive his power not from the  ordinary but from the law
case Sagitary versus hide Lord chancellor Mercu die maii the heir claim under  a voluntary settlement sell the land if the money in the hand of the purchaser  shall be asset to pay the ancestor bind the plaintiff be a creditor by bind to  I S who settle his real estate on his wife for life remainder to one Middleton  in tail who happen afterward to be heir at law with power of evocation and  Middleton sell to the defendant hide who have part of his purchase money in  his hand out of which the plaintiff ought to be satisfy his debt for the  plaintiff it be insist that the settlement be fraudulent and that the estate  ought to be asset and make liable to the plaintiff debt and cite Lenthals case  in b r in debt upon a recognizance forfeit by reason of a escape a voluntary  settlement make thirty year before the escape be judge to be fraudulent per  cur every voluntary conveyance be not therefore fraudulent see Battersbee v  Farrington swan lot a voluntary conveyance if there be a reasonable cause for  the milk of it may be good and valid even against a creditor and here the  defendant hide before his purchase have notice that there be a board vide on  this head Jones v marsh Forr and case cite in not there and do v man east  Pulvertoft v Pulvertoft Ves Metcalfe v Pulvertoft v b but there be no original  file and before the commencement of the suit he have covenant to pay the  residue of his purchasemoney and the court thereupon incline to dismiss the  plaintiff bill vide stat William and mary cap ante vol S c
case saint AUBYS case easter term Elizabeth in the exchequer a rend for life  grant out of a term for year in land be a chattel and shall hesatisfied out of  the term till the one or other estate determine   the case be the earl of  Arundel be possess of a term for year in land grant a rend to saint auby for  his life issue out of the say land and die this be find by office and the land  now be in the queen hand draw pray a allowance of this rend the term vet have  continuance for diverse year but Popham attorney Gene l move it be a void  grant to charge the land for he can have a franktenement out of a chattel and  if he have not a franktenement accord to the word of the grant he can have no  other estate for it be not grant for any time certain manwood chief baron  although this can be a grant to make a fr ehold yet it shall he a grant as it  may he videlicet a grant for so many year as the term endure if he live so  lonz for it be not a franktenement in law but a chattel and to this opinion  gentleman a d clerk baron incline ut say they will advice a see car c and Geo  c croak Elizabeth er p
case saint johns college versus Fleming Mil all Reg lib b fol but the question  there be not as above but of survivorship and depend on the construction of  article and other particular circumstance as to the question in the print  report vide baker v Bayley ante duke of Devon v Kinton post p wms SC Oldham v  Pickering Carth salk raym SC Bradburn v Kennerdale Carth Mod SC Witter v  Witter p wms but by stat Geo cap sect it be enact that the estate pur autre  vie shall go be apply and distribute in the same manner as personal estate of  the testator or intestate Ripley v Waterworth Ves Eq can ab pl S c dean and  chapter make a lease to a man his executor and administrator for three life  this be hold to be a descendible estate and to belong to the heir and not the  executor the dean and chapter of Carlisle make a lease to I S for three life  habend to he his executor administrator and assign for three life the lessee  die the question Vernon chancery case er p be whether this shall be look upon  as a descendible estate and go to the heir or whether the executor shall have  it the court decree it to be in its nature a inheritable estate and that it  shall go to the heir and the cause afterward end by compromise
case saint leger against pope debt with averment different from condition on a  bind S c Lutw S c n Lut S c Mod S c Mod S c salk S c comb S c skin S c Carth  holt chief justice debt with a averment in the declaration differ from the  condition of a bind for the plaintiff here must full entitle himself to a  action but the condition of a bind go only in defeasance and must come on the  part of the defendant and he say here the plaintiff do not entitle himself to  any action for he have no cause of action unless the hundred guinea as well as  the value be unpay where foreign coin itself be demand the action be in the to  hold off but if the value be demand it be in the debet et to hold off and the  averment always be that the defendant have neither render the foreign coin nor  the value
case sale against KITCHINGHAM where covenant relate to land they run with it  attend upon the reversion and the heir may bring the action action of covenant  and several breach assign but that covenant upon which most stress be lie be  that the lessee shall lime and dung the land durante boundary which be six  year this action be bring by the plaintiff as heir at law to the lessor and  the breach of the covenant be thus assign that after the descent of the land  be do not durante boundary lime and dung the land it be object by the  defendant that covenant be a personal action and that there modern report er p  before the executor be the proper person to have bring this action though they  indeed upon their recover shall be trustee for the heir at law but the court  be of opinion that this be a covenant relate to the land and for the advantage  of the reversion that it will have go to a assignee without his be name in the  covenant which prove it to be a covenant that run with the land and attend  upon the reversion and by consequence a covenant to which the heir at law will  be entitle as he be to the reversion it be also object by the defendant that  the breach be not well assign because the not dung it and liming it since the  descent be no breach of the covenant modern report if it be lime and dung so  sufficient before that it do not need it and of this opinion be the court  Adjournatur
case sale against marsh to accuse another of have forge a writ of quare he  foot soldier be actionable yely hawk p c Mod Mod stram action for these word  thou have use jug ling with I but your juggle shall not serve your turn and  have forge a writ of quare he edit innuendo a writ of quare he all foot  soldier against he and the bishop of Coventry after verdict it be move by  Lewis that the word be not actionable curian the first word be not actionable  but the last will wellhear a action and the plaintiff have judgement
case SALKOLD against skelton vide ante page if a defendant in replevin plead  property in himself he may have return without avowry roll Rep lev Mod Mod  show Carth raym will ld ray salk the case be now move again that the defendant  although be do not make his avowry to have return shall notwithstanding have  judgement to return for it a cro Elizabeth b after this case have be  arguedfour time at the bar judgement be give in the king bench on this special  verdict in favour of the plaintiff but in Michaelmas term James a writ of  error be bring in the exchequer Chamber and the judgement reverse not for the  matter of law but because the judgement be enter that the defendant shall be  in pity for the lamb for the conversion of which the jury have find he not  guilty see SC palm roll Rep croak James er p appear by the declaration that  the defendant take they so he have possession and that by the replevin sue  they be deliver to the plaintiff wherefore when the writ be abate it be reason  that the return of they shall be adjudge to the defendant that he may be in  position quo prius as if the plaintiff be nonsuit before the declaration the  defendant shall have return but there the reason be because he be prevent of  his avowry so as he can make it and all the court be of that opinion that  return shall be award in this case and in every case where it appear that the  defendant be in possession of the beast c if they be deliver by replevin Henry  pl
case salman against bradshaw on a covenant that he have a right to let for the  term a breach assign general that he have not a right to let be good covenant  for that the defendant let to he the manor of Stanton in the county of  Leicester for six year by indenture and covenant that he have lawful right and  estate to let it for that term and assign for breach that he have not right  nor lawful estate to lot it and so break his say covenant the defendant plead  a concord that he give to he ten pound in satisfaction issue be thereupon join  and find for the plaintiff to his damage of one hundred and twenty pound and  judgement accord a writ of error thereof be bring before the judge and baron  the principal error assign be because the breach of the covenant be not well  assign for croak James er p that it be not show that he have a estate nor how  the lessor have not any right or that a stranger have evict he by title say  non allocantur for the covenant be general the breach may be assign as general  as the covenant and it lie not in the plaintiff notice who have the rightful  estate but the defendant ought to have maintain that he be seize in fee and  have a good estate to demise and then the plaintiff ought to have show a  special title in some other but prima fancy the count be good the covenant be  general to assign a general breach wherefore the judgement be affirm
case salmon against bullock a declaration for break the plaintiff house and  beat his servant be good trespass for that the defendant such a day house svan  to break in pieces et to go into and then and there beat his servant per quod  slavery to send away hold well enough upon debate though thus join
case salt against BRUNSDEN a action of trespass on the will mary c for make a  colourable distress need not state a demise in form for it be sufficient to  say the good be take nomin severity this be a action bring upon the statute of  will mary c empower the landlord to make sale of good distrain for rend after  a certain time therein limit in which Act there be a proviso that in case any  distress and sale shall be make by virtue and colour of the Act for rend  pretend to be arrear or due where in truth no rend be arrear or due to the  person distrain or to he or they in who name or right such distress shall be  take that then the owner of such good or chattel distrain and sell shall and  may by action of trespass or upon the case to be bring against the person so  distrain recover double the value of the good and chattel so distrain and sell  together with full cost of suit the plaintiff have a judgement by default it  be now move in arrest of that judgement the reason offer be that there must be  a lessor and lessee to bring this case to be within the Act and that if there  be no demise the Act give no remedy because it be express declare therein that  when any good or chattel shall be distrain for any rend reserve and due upon  any demise lease or contract whatsoever c the person distrain may sell the  same c now there be no demise sufficient set forth in this declaration neither  be it say that the good be distrain for rend arrear but that they be take  nomin severity which be not a good averment that they be distrain but the  court hold the declaration to be good
case salt against butler easter term Elizabeth roll if a rend he grant to a  his executor and assign during the life of b and a die intestate before  beneficiary and vie it must determine for his administrator can claim it  either as assignee or as occupant a ten Noy more yely Vaugh action of trover  and conversion of good in London the defendant justify for that one Rohert  bash be seize in fee of twenty abres in Stanst ed in the county of Hertford  and grant a rentcharge to Rohert bash his executor and assign I of per annum  during the life of Frances the wife of Rohert bash which Rohert bash die  intestate and Frances his wife be administratrix unto he and the defendant as  her servant take a distress in the say twenty acre for the say rend by the  command of the say Frances and impound they there and traverse the take and  conversion of they in any other place it be thereupon demurred And all  theCourt hold the plea to b ill for the inducement to the traverse which ought  always to be good be not sufficient cause of justification for the take of the  distress for this rend be determine by the death of Rohert bash because there  can be a occupant of a rend and the feme be not assignee by her take of  administration for none can mal e title to a rend to have it against the  terreteilant unless he he party to the deed or convey a sufficient title under  it wherefore it be croak Elizabeth adjudge for the plaintiff a and whereas  exception be take to the plea because he traverse the county the court do not  speak thereto for that they resolve the substance of the plea to he  insufficient
case saltern versus saltern July where there be a devise of a lease for year  to a man and if he die without issue remainderover the whole interest vest in  the first taker otherwise if a lease for life for if the first taker make no  use of his power on his death it vest in the remainderman who take as a  special occupant the word of the will upon which the question arise be I give  unto my grandson also a lease that I do take be part of the land call Barton  unto John saltern and his heir but if be shall happen to die without heir of  his body then he devise it over it be say by counsel that a devise to a man  general and for life of a chattel interest and if he die without issue or if  he die without heir of his body remainder over that it shall be construe in  this court to mean a die without issue at the time of his death I Lord  chancellor I know of no such rule for in those case where the court have  restrain it to a die without issue at the time of the death of the first taker  it have arise from some other word which show the intention of the testator to  confine it to such a die without issue vide beauclerk v dorm ante where there  be a devise of a lease for year to a man and if he die without issue remainder  over there be no doubt but the whole interest vest in the first taker vide  Hudson v Bussey ante note otherwise if it have be a lease for life for there  the first taker have a power over it only during his own life to have dispose  of it but if he make no use of that power immediate upon his death it vest in  the remainderman who take as a special occupant low v Burron p W duke of  Grafton v Hanmer p W note e baker v Bayley vern Wasteneys v chapel bro p c and  Edward bro p c Norton v Frecker ante vol Forster v Forster ante William v  Jekyll Ves black v black Cox p W note har   Litt a note atkins er p
case SALTESTON and OFFELY against pain a sheriff who be Chargeable with the  debt upon a food thou shall have a action for the misfeasance against the  prisoner but if satisfaction he enter he must reply that it be not make by the  defendant or it will he of bar to his action godb Leon go b more Lut cro car  cro James Mod imp Sh burr the plaintiff sheriff of London bring a action upon  the case for that the defendant be in execution under their custody for at the  suit of spicer have escape the say spicer not satisfy for which they be compel  to pay the debt the defendant plead confess all the matter and that after this  escape spicer have acknowledge satisfaction of record upon this it be demurrer  and the court hold clear that a action upon the case lie against a prisoner  for a escape out of execution to the intent to make the sheriff Chargeable  with the debt and so adjudge hetween hill and holt quod vide before that the  sheriff shall have a action because onerabilis Fitzherbert n Br b Henry pl  Henry pl but here because the defendant be to he charge for that the plaintiff  be Chargeable with the debt and not otherwise and the defendant have plead  satisfaction acknowledge upon record which may he by his mean which be not  deny foy otherwise the plaintiff may have show the special matter by  replication and so the plaintiff be to have no loss and so no cause of action  it be adjudge for the defendant and the plaintiff nothing to take in hand per  billam see will c
case SAMBORNE against belike Trinity term will mary roll a tenant to the  precipe may acquire the freehold at any time before judgement hold per curian  that if there be a tenant to the precipe pendent plea before judgement it be  well enough though there be none at the time of sue out the precipe and per  holt chief justice a tenant have be make frequent after the return of the  precipe and a voucher a
case SAMMS against foster where the cause of justification be local the  defendant must traverse every other place as well as that lie in the  declaration   post sand Ant Doct Pla cro car Noy Cowp action of trover and  conversion of a oxhide of the plaintiff in Middlesex the defendant plead that  the city of London be a ancient city and that there be a custom there that si  some foreigner on the outside lihertate e usden community buy any thing de  elsewhere forinseco lihertate prcedict that it shall he forfeit to the mayor  and commonalty of the say city and say that the plaintiff foreigner lihertate  do buy the say o hide of another foreigner whereupon he seize it in London to  the use of the mayor c without hoc that he do find it and convert in Middlesex  croak Elizabeth and it be thereupon demurrer Glanville argue for the plaintiff  first that it be not a good or lawful custom a and in proof thereof cite the  case Henry of jewel of the king sell and Henry pl Elizabeth die and and the  form of the plead he say be not good videlicet si some foreigner lihertate but  do not show where the liberty be and the traverse be not good for he ought to  traverse every county beside London and not Middlesex only Anderson and  Heaumond conceive the form of the plead to be ill but for the matter of the  custom itself they doubt Owen say the custom be good b and have be allow  before these time et adjournatur
case SAMMS against mercer queen if a plea of no asset to satisfy the judgement  plead be good or if it need be aver they be for a just debt     Vaugh lev Bac  ab Cowp ante debt against a executor upon a obligation of forty pound the  defendant plead three judgement in debt in the court of Rochester and one  judgement in this court prout to stand open per think over prediction and that  he have not asset to satisfy those judgement whereupon it be demurrer first  because he do not say prout to stand open per separalia think over and  conclude every of they several prout to stand open per record in the say court  c a second it be not show what sum he have in his hand to satisfy so as the  court may know and adjudge thereupon three because it be not aver that they be  true et justice debt is owed whereupon the judgement be give Doderidge hold  that it be ill for all those cause Houghton hold it to be ill for the second  cause the chief justice for the first cause but not for the other chamberlain  justice be absent wherefore they all agree that for the one cause or other the  plea be ill and therefore it be adjudge for the plaintiff vide   fol Merial  Treshams case by Ann c no exception shall be take for want of prout to stand  open per record unless special show for cause of demurrer see also car
case sams against Dangerfield in debt on bind to pay such sum as he shall  receive at a certain place if the defendant plead payment and the plaintiff  rejoin nonpayment of such a sum receive at the place appoint a rejoinder that  the plaintiff appoint no place be a departure from the plea   light cro car  cro Elizabeth skin sand comens Mod ld ray stram salk will term Rep the  plaintiff be collector of the hearthmoney bring a action of debt upon a bind  against his subcollector condition to pay such sum as he shall receive within  fourteen day after receipt at such a place in the city of Worcester as the  plaintiff shall appoint the defendant plead payment the plaintiff assign a  breach in nonpayment of such a sum receive at a place by he appoint the  defendant rej oins that the plaintiff appoint no place and the plaintiff  demurrer and after argument for the plaintiff by Jones sergeant this be  adjudge a departure because the defendant ought to have plead first that he  have pay all but such a sum for which as yet the plaintiff have appoint no  place of payment and judgement be give accord modern er p
case sand against exton suggestion amendable if a suggestion be find on a  charter a profert be not necessary SC raym SC skin the king bench will not  prohibit the admiralty from proceed on a order of Council suggestion for a  prohibition be in this cause allow to be amend and then move again whereon it  appear that at the instance of the king advocate in the admiralty upon a  warrant shower KB of the king and Council for the purpose there be a order to  stay the plaintiff ship till they give caution not to go to such and such  place as be mention in the east India company be charter they be infidel  country and it be hold by the court that a profert hic in curian be not  necessary in a suggestion and it be rule also that there be no libel or suit  in the admiralty there lie no prohibition for it be no point of jurisdiction  if they stop a ship by order and illegal a action lie and what they have do be  not in execution of any sentence for there be no suit depend it be only in  pursuance of the king warrant a prohibition be deny yet quaere for in case of  a probate of a will or grant letter of administration many time there be no  suit depend no libel or citation
case sand against lane Michaelmas term pound Elizabeth roll in trespass where  the matter of justification be transitory the defendant need not traverse the  place lie in the declaration ante post   light b Plowd more will salk trespass  quare averia to take in hand at Stockbi idge el ad loca incognita to cause to  flee c the defendant plead that Lord sand be seize in fee of twelve acre of  pasture in MotferD and he take the hest there damage pheasant as servant to  the Lord sand and by his command and from thence chase they to Stockbridge  aforesaid and from thence to Feversham in the same county ad imparcandum c  quce are eaden deception et driving away unde c and traverse without hoc quod  ce it averia Prcedicla at stockbridge prout c it be thereupon demurrer and  after argument at the bar adjudge for the plaintiff that the plea be ill for  the traverse be a departure from the first plea and repugnant to the matter  which induce it and as this a Vid S C ante and post contra croak Elizabeth er  p case be there need not any traverse at all for where the matter of  justification be local there he ought to show the cause special and traverse  the place but not where it be transitory as it be here but it suffice although  he justify in another place to say quce be eaden deception c wherefore it be  adjudge for the plaintiff
case sand against TREFUSES in a action for stop a watercourse to a mill it be  not necessary to show the and estate or that it be a ancient water or mill  ante Ven show cro James Leon see Carth and the case there cite term Rep action  on the case for stop a watercourse run to his mill and declare that he be  seize in fee of a mill and have a watercourse run in the defendant land to the  say mill and that the defendant have stop his watercourse the defendant plead  a vicious plea whereupon the plaintiff demurrer and now bear for the defendant  move in arrest of judgement that the declaration be ill because he do not  declare that his mill be a ancient mill and that the watercourse be a ancient  watercourse nor do he prescribe to have a watercourse in the defendant land  but all the court hold it to be well enough and may well maintain his action  upon the case be lawful in possession and the stop of the water be tortuous  and a damage to his mill and although be do not show and estate that be not b  the yearbooks Edward title breve and Edward pl vide Henry pl time Edward breve  assize assize Edward pl Edward pl Edward pl Edward pl Henry c it be move again  in easter term and adjudge in the Michaelmas term follow upon great argument  that the writ shall abate vide post croak car er p material and it have be  diverse time so rule videlicet Elizabeth in sly v mordant but because this be  move the last day of the term day be further give until the next term
case sand against Trevilian a attorney may bring debt on a retainer for his  fee but on a promise by one man to pay he for business do in the cause of  another case only lie post see Bradford v Woodhouse cro James Com dig ld ray  term Rep error of a judgement in the common plea in debt where the plaintiff  sue the defendant because he retain he be a attorney in the common plea to  prosecute such a suit in that court betwixt one sims and Worlich and design he  to be attorney for Worlich and agree to pay he his fee and show that he lie  out so much in that suit for Worlich and that the defendant have not pay he  upon nil debet plead the verdict be find for the plaintiff and judgement give  the error assign be that a action of debt lie not for the defendant be but a  solicitor and there be not any consideration and it be maintenance in he to  solicit suit Henry pl Henry pl second although the defendant be suable for  this retainer yet it ought to be in a action upon the case in a assumpsit and  not in debt for there be not any contract betwixt they and concern this point  the court doubt and will advice thereof a see James c Geo c a see post the  judgement of the court in this case croak car er p croak car easter term car  in the common plea sir Thomas Richardson Knt chief justice sir Richard Hutton  Knt sir Francis Harvey Knt sir George croak Knt sir Henry Yelverton Knt  justice sir Robert heath Knt attorney general sir Richard Sheldon Knt  solicitor general
case sander against esterby Trinity term James roll a assumpsit lie against a  executor on a promise make by the testator to leave the plaintiff a sum of  money in consideration of marriage ante post Bulst palm roll Rep error in the  exchequer Chamber of a judgement in the king bench in a assumpsit against a  executor upon a promise of the testator who in consideration he will marry his  daughter promise he will pay to he one hundred pound and leave to he as much  as he leave or give to any of his other child and allege in fact that he leave  so much to one of his child and for nonperformance of this last part of the  promise he bring the action and aver that the testator leave asset as well to  discharge all his debt and legacy as to satisfy he and after verdict upon  nonassumpsit be find for the plaintiff and judgement give accord error be  bring and assign that the executor be not Chargeable for this collateral  promise croak throw but without argument all the justice and baron except  Tanfield chief croak James er p baron hold that the action well lie against  the executor as well for this collateral promise as for a debt Tanfield doubt  thereof for he say it have be oftentimes adjudge that upon such a mere  collateral promise the executor be not chargeable Notwithstanding without  further debate the judgement be affirm note Hoxnell clerk of the error say  that once they be all of a opinion to reverse the say judgement
case sander against ferryman if a sheriff suffer a negligent escape he can  retake and detain his prisoner a habeas corpus to the sheriff of Berks one  beaver who return several action and execution upon the defendant and also  special that he do escape and he retake he and detain he pro cause say in  addition to yet he be turn over to the king bench and per curian he may there  charge he with a action and that resolution in Ridgeways case   that the  sheriff may retake and detain though so positive lie down there be not in  popham Rep and in more be Rep be the clean contrary deliver for law a
case sander against MELHUISH in ejectment if the tenant be trick out of  possession the court will order restitution and commit the party to answer  interrogatory S c ante S c holt Melhuish have get a unknown person to assume  the name of tenant in possession and to personate he in receive a declaration  in ejectment and upon the usual affidavit trick the plaintiff out of his  possession and the matter be make out by affidavit and even by the affidavit  of the two comrogue videlicet he that deliver and the other that receive the  declaration the court order restitution for no man possession ought to be  disturb upon the affidavit of such infamous witness and Melhuish the plaintiff  in ejectment attend be commit to answer interrogatory modern er p for holt  chief justice say when one be put to answer interrogatory for a fact full  prove against he he ought to answer in custody but where it be any thing  doubtful the course be to put he to answer that be to bind he by recognizance  to answer and in either case if they purge themselves upon oath they be  discharge but they may be prosecute for perjury if they swear false Jones burr  dougl hawk p c ch S a and if the interrogatory be not exhibit in four day by  the course of the court they be discharge
case sander case general issue shall be plead or colour be give trespass for  enter into the plaintiff house and keep the possession thereof for so long  defendant plead that I S be seize in fee thereof and he be so seize give  licence to the defendant to enter into and possess the modern report say house  till he give he notice to leave it that thereupon he enter and keep the house  for the time mention in the declaration and have not any notice to leave it  all the time and a special demurrer because the plea amount to the general  issue and per curian he may have give this matter in evidence against all  people except I S but against he he must have plead it so he shall here either  have plead the general issue or give colour to the plaintiff therefore  judgement be give for the plaintiff
case sander versus beal eoden die in court Eq can ab pl S c a inheritrix carve  out a term for one thousand year to trustee the trust whereof be declare by  the woman and her intend husband to be for the husband for life and after his  death to the wife and her heir afterward the husband and wife by fine sur  concess grant a term of twentyone year reserve the rend to the husband and  wife and the heir of the Vernon chancery case wife and the bill be now bring  by the administrator of the wife to have the benefit of the rend preserve but  the court dismiss the bill Reg lib b fol vide   light a so Syms case cro  Elizabeth Grute v Locroft ibidem Blaxton v heath pop note my Lord cook be  express that the disposition of part of the term by the husband which he have  in right of his wife be not a disposition of the whole vide   light fol b if  the husband possess of a term for forty year in right of his wife make a lease  for twenty year reserve rend the wife shall have the residue of the term but  the executor of the husband the rend Qure whether a agreement for a lease by  the husband will bind the wife and if it will who be entitle to the rend Druce  v denison Ves
case sander versus brown in court Lord chancellor Mercury die maii Eq can ab  pl Ch Rep Carth S c money devise to be lie out in land and settle on the child  of I S land be purchase and settle on they and their heir and one die decree  the land shall not survive the case be that I S by his will direct two hundred  and forty pound to be lie out in the purchase of land to be settle on mary and  the heir of her body Vernon chancery case er p and if she die without issue  then on the child of Elizabeth which she shall leave behind her mary die  without issue before any purchase have afterward the trustee lie out the money  in a purchase and convey the land to the two child of Elizabeth and their heir  who so hold for several year and then one of they die the single question be  Vernon chancery case whether the moiety of the dead child shall survive per  cur decree that it shall not survive for the case on the doctrine of  survivorship vide Kew v rous ux ante vol et vide contra the principal case the  report of S c Ch Rep
case sanderson against NICHOLLE in debt the plea of plene to manage admit the  debt but not in assumpsit what evidence may be give on plene to manage SC holt  upon evidence rule by holt chief justice that in debt plene to manage admit  the debt but otherwise in a action on the case or in a that is not owed  assumpsit for there the plaintiff must prove the debt and per holt chief  justice in proof of a plene to manage if the action be debt on a bind and you  offer payment of a bind on plene to manage proof must be it be a debt by bind  that it be seal and deliver but to debt on simple contract you need only prove  payment because if no bind it be a good administration in that action shower  KB hilary term the first of William and mary in the king bench sir John holt  Knt chief justice sir William dolben Knt sir William Gregory Knt sir Giles  eyres Knt justice sir George Treby Knt attorney general sir John summer Knt  solicitor general
case Sanderson versus crouch Eq can ab pi S c feme administratrix waste the  asset then marry and die husband liable to no more than the value of what come  to his or his wife hand after the intermarriage on exception to a master  report a man marry a administratrix who before their intermarriage have waste  great part of the estate after their intermarriage a suit be commence against  they for distribution accord to the act of parliament stat pound car cap and a  decree be have for that purpose then the wife die per cur the husband be not  to be charge further than with what be possess or come to his or his wife hand  after their intermarriage vide Norton v spring ante Vol tollers law of  executor pagett v Hoskins arg pre Ch Vernon chancery case de term S HILLARII  in curian porter
case Sandys versus watson at the roll the same day where the estate of two  testator have be blend so as create confusion the executor of a executor shall  be excuse cost though it appear he have asset enough to pay the plaintiff debt  a bill be bring against a executor of a executor for a debt of the first  testator the defendant deny asset but at the same time set out special in his  answer that the estate of the two testator be so blend together that he can  not positive say whether there be asset or not on a reference to a master it  come out that there be asset enough to pay the plaintiff debt and some small  matter over the master of the roll of opinion that the executor in this case  must pay the debt in the first place to the plaintiff out of the asset and if  there be any leave after such payment he may retain to pay himself the cost of  this suit Humphrey v more post if there have not be the favourable  circumstance of the confusion arise from the two estate the executor must have  pay the cost out of his own pocket and the residue of the asset apply to other  debt
case sarah griffith case a whether fine and recovery by feme covert under age  may be vacate notice thereof to be give to a purchaser several precedent be  produce of fine recovery and declaration of use thereupon be vacate on motion  because of their be by femes covert under age and one of the rule produce be  that the feme shall not be admit to levy any more fine till she come of age  and another that the counsel who have advice it shall be fine fourteen pound  because no writ of error can lie and another the husband be fine one hundred  pound and in the case of sir Robert Harsham a six clerk procure his wife under  age to levy a fine and be send for into court he be fain to deliver the fine  and deed of use to be cancel in court and per Powell justice if the  commissioner before who the fine be take know the feme to be under age they be  fineable but there be no precedent of vacats of this kind ancient than the  four year of James the first but the true ancient way be to bring a writ of  error but because the husband will not join in a writ of error c this way be  introduce and some book say that if a feme covert be outlaw without her  husband there be no remedy for modern report her but now in such case the  court will discharge her upon motion but in this case there appear that there  be a purchaser and therefore we ought to be well advice but in regard the feme  be to be of age in two or three day time let we de bene be examine her age by  affidavit and inspection and that be do and the inspection enter on record and  the rule be to see precedent and give notice to the purchaser
case saul versus wilson die Jupiter of the tenth in court lord commissioner No  appeal lie to the house of lord from a sentence by the delegate nor from a  decree upon the statute of charitable use decree make by the chancellor on  exception to a decree of charitable use come on the exceptants petition to be  reheard it be object that the decree on hear exception be once confirm by the  chancellor that be final by the act of parliament Elizabeth cap sect and there  can be no rehear and the court seem to be of that opinion and mention that  there lie no appeal to the house of lord from a sentence in the delegate nor  from a decree on the statute of charitable use vide contra as to decree on  charitable use Bl command for they can have any original jurisdiction because  these matter be ground upon act of parliament and the act give they none on  the that February there be a order nisi and on the that February follow  another order fix the day for rehear the enrolment of the decree there be two  cause to be in the mean time suspend Reg lib b fol enter saul v Otway and by  another order of the that June not material the cause appear to have be  reheard on the that of may precede but the entry do not appear Reg lib a fol  enter saul v Otway vide Mallett v trigg ante vol p Vernon chancery case er p
case savage against freeman c issue join in battle by some of the appellees  not guilty plead by other and the proceed in French I side Jones salk hawk  appeal by the plaintiff against freeman and four other as principal and  against more as accessary the plain tiffs after the party who be appeal have  appear declare against all the principal together in French and after against  the accessary in French the four principal several by himself make their  defence in French which be vous have cesly I freeman in proper person and  defend Le tort force tout croak Elizabeth er p felony murder Ceo and be  encounter Le coroner dignity de mostre seigniore Le roigne tout Ceo and Le  defend doit demand oyer de breief return de Ceo which be read and then he  plead in bar in French and de Ceo felony in Ceo manner and ill be drive to ill  nest culpable Ceo ill be priest de prover per son corpse and so wage battle  and in the same manner it be do by the three other principal and the five  principal and the accessary plead several not guilty and put himself upon the  country a
case savage against Hawkins a declaration in debt for rend on a lease for year  state that it be make by tenant in tail and that the reversion descend to the  plaintiff in fee be sufficient without show commencement of the estate in tail  but in a bar or in a avowry it must be show ante Jones   light cro Elizabeth  salk comb Yelv Carth Mod Mod ld ray Com dig Cowp dougl error of a judgement in  debt upon a lease for year the error assign be because the plaintiff in debt  count that his father be seize in tail and make that lease for year render  rend and die seize of the reversion which descend to he as son and heir of his  body and do not show the beginning of the say estate which general ought to be  set forth where he claim by a particular estate otherwise it be where he count  of a seize in fee but because this be in a count and not in a bar croak car  nor in a avowry and there be produce precedent out of the common plea that  such count be usual there it be therefore hold to be no error and the  judgement be affirm Henry pl Henry pl Edward pl
case savage against HEAUCHAMP a sheriff may bring a action against a prisoner  for have escape send qutvre if he have been carry by the under sheriff out of  the jurisdiction ante more term Rep action upon the case by a sheriff against  the defendant because he be a prisoner and in execution et violent escape the  defendant plead that before the time of the escape the undersheriff a carry he  out of the prison to such a place which be out of the jurisdiction and  afterward bring he back again and there he remain till the time of the escape  suppose and then he go out as it be lawful for he upon this it be demurrer in  law first it be move that a action do not lie for the sheriff against a  prisoner for a escape for he ought to keep his prison at his peril curian  contra and so it be rule in holt v hill for the prisoner by law be to remain  in the place whereto he be commit and as to the matter the justice conceive if  the prisoner he once by the act of the undersheriff carry out of prison to  another place out of his jurisdiction although he he bring again to the prison  he be not in execution and need not tarry but they will advice
case savage against parker a die act of giving exclude the day of the date  ante   a b   light b Cowp see observation on this case Bac ab and Powel on  power dougl ejectment of a lease of lady Lucy griffin that January James by  indenture date that December James habendum a die act of giving indenturae  prediction upon not guilty plead and evidence to the jury the lease be show  bear date that December James and the habendum be a tempore destroying  itndenturae and because a die act of giving exclude the day so as it be not  the same lease whereof the plaintiff declare it be hold that the plaintiff  have mistake his action wherefore the plaintiff be nonsuit
case savage against tateham Hilary term Elizabeth roll a magistrate can keep a  prisoner suspect horned owl felon long than three day under examination     S  p c dalt c p c p p m c I hale hale hawk Bac ab false imprisonment in London  from the that Septemher unto the that Septemher the defendant justify for that  he be mayor and justice of peace in Pomfrait and that robbery be do there and  the plaintiff be thereof suspect and bring before he el because to see sus  pectuosus he detain he in his house during that time in the declaration  mention to examine he and one pole who be not apprehend concern the say  robbery and afterward upon the that Septemher deliver he over to the new mayor  and traverse the imprisonment in London and it be thereupon demurrer and  adjudge that the inducement croak Elizabeth to the traverse be not good for a  justice of peace can detain a person suspect in prison but during a convenient  time only to examine he which the law intend to he three day and within that  to fear take his examination and send he to prison for he ought not to detain  he as long as he please as he here do eighteen day neither ought he to detain  he in prison in his own house but he be to commit he to the common gaol of the  county for otherwise when the justice come to deliver the gaol he be not in  the gaol and may not be deliver and so shall lie long than be reasonable vide  statute Henry c Edward c and here he take not a see Ann c croak Elizabeth er p  any examination but deliver he over to the new mayor without examination which  be not lawful a and therefore it be adjudge for the plaintiff see Henry c  Edward c and pound will c see Phil mary c and I pound Phil mary c
case savage versus SMALEBROKE novembris in court master of the roll defendant  demurrer for that plaintiff have make no title by his bill and also answer  several part of the bill demurrer overrule by the answer the defendant have  demurrer for that the plaintiff have make no title to himself in the bill as  in truth he have not Mr Hutchins insist that the defendant have overrule his  own demurrer by have answer over to several part of the bill such dict Jones v  Strafford p wms et vide duke of Dorset v girdler pre Ch but the matter of fact  be deny and there be no book in court the matter be adjourn
case SAVILL against snell in covenant to find board and lodging or to pay l  the defendant may pay the money into court post in a action of covenant in  certain article of agreement wherein the defendant covenant to find diet and  lodging for the plaintiff for a year or to pay he ten pound modern report er p  the defendant upon affidavit make that there be not above ten pound due to he  move to bring it into court and that the plaintiff may proceed at his peril  the court can not ascertain what be due for diet and lodging but because the  agreement be in the disjunctive videlicet to find diet and lodging or to pay  ten pound a rule be make that the defendant may bring it into court a
case SAVILL against the hundred OF a declaration upon the statute of hue and  cry be good after verdict although it do not state that the robbery be in the  highway cro car Mod Mod Mod Mod shoi Carth comens Peer wms salk ld ray stram  the plaintiff in a action upon the statute of Winton have a verdict and it be  move in arrest of judgement that the felonious take be not say to be in the  highway cro James north chief justice a action lie upon the statute of Winton  though the robbery be not commit in the highway to which the court agree and  the prothonotories say that the entry be frequent so per quod duce modern er p
case savoury against tey easter term Elizabeth roll not guilty be a good issue  to debt on a penal statute but if the verdict he for less than the demand and  no judgement for the residue it be have in action ad damnum it be otherwise  post   a I roll dyer a cro car Mod side skin Com dig Bac ab term Rep b r error  upon a judgement in debt in Norwich upon the Henry c for buy of title first  error the defendant plead not guilty which be no plea in this a say vide Ann c  this error must he show for cause of demurrer croak Elizabeth er p action but  all the court hold it good when the action be ground upon a penal statute  second error the plaintiff demand l for the value of the land and the jury  find the value l upon which the plaintiff have judgement to recover one moiety  and the queen the other moiety and no judgement be for the residue of the l  videlicet that the plaintiff sit in misericordiApro falsely warcry his for  this cause the judgement be reverse but in trespass or other action wherein  the plaintiff declare ad damnum if less he find than he declare the plaintiff  shall not he amerce because the action be ground upon a uncertainty
case SAWKILL against warman when the plea shall be action non to grow  progressively infra sex aged instead of non assumpsit this be a accuse  computasset the count upon which the question arise be that upon a account  take the nine of January the defendant appear to be indebt to the plaintiff in  the sum of one hundred and fifty pound promise payment upon the thirty of  January the defendant plead non assumpsit infra sex aged to this it be  demurrer because the six year be to be compute from the time of the  performance and not of the promise and therefore this plea may be true modern  report er p and yet the plaintiff not bar by statute of limitation and  therefore the plea shall have be action non to grow progressively infra sex  aged and of that opinion be the court in Hilary term follow there be another  case parallel in omnibus a see the case of Shutford v Penow cro car buckler v  more keb Mod gold v Johnson ld ray a
case sawyer against MAWGRIDGE debt on bind on a write under seal in these word  these be to authorize you to sell my good to the amount of nine pound which I  do hereby acknowledge I owe you be good debt upon a bind the defendant accord  to the statute Ann c plead two plead videlicet non be factum and that the  plaintiff have satisfy himself by sale issue thereupon and verdict for the  plaintiff modern report er p it be move in arrest of judgement and upon oyer  of the bind or note it be in these word these be to authorize you I S to sell  so many of my good as come to nine pound to pay my debt which I do hereby  acknowledge to owe to you c the counsel for the plaintiff cite cores case a  dyer a a hatley case b Keilw b b and the case of Watson v Snead c vent c the  counsel for the defendant cite a anonymous case in Ventris d vent d holt chief  justice and Powell justice hold that the action lie for those word for the  word oblige be not necessary to make a bind for if one under hand and seal  acknowledge himself indebt it be enough to bind he powys justice hold that the  word I do hereby acknowledge to c be by way of parenthesis which holt chief  justice oppose judgement for the plaintiff e see hardman v hardman cro  Elizabeth Morgan v Johnston cro Elizabeth e
case sayer versus sayer Eq a ab pl pl I pre Ch pale yellow Eq Rep S c one  devise to his wife all his personal estate at W this be a specific legacy and  to be prefer to pecuniary legacy in case of deficiency of asset all the  testator personal estate that be at W at his death shall pass though not there  at the make the will I S by will devise to his wife the defendant all his  personal estate at a pace call Wouston and devise to the plaintiff a legacy of  pound and several other legacy and asset prove deficient Vernon chancery case  er p per cur the defendant legacy be a specific legacy and therefore to take  place although there be a defect of asset for payment of money legacy so web v  web ante p and further on this point vide brown v Allen ante Vol and case cite  in not there and as to what passes by the devise the chancellor declare the  general word of all his personal estate at Wouston will pass whatever personal  estate he have there at the time of his death the personal estate be fluctuate  and vary until the time of the testator death and therefore what he die  possess of passes and not what he have at the time of Vernon chancery case the  make the will the legacy be to respect the time of his death coach horse and  whatever he have at Wouston will pass Gayre v Gayre and north ante and case  cite in note there note there be a long statement of a case in the register  book sayer v sayer but the above point do not appear Reg lib b fol
case Sayres case a indictment will lie against a undersheriff for undervalue  good take under a become facias hawk p c upon a become facias to fair  undersheriff of the county of Buckingham he sell the good of a poor man  defendant for S d the good be well worth eighty pound it appear to the court  that the say fair have persuade the jury to prize the good at a undervalue  persuade they it will be better for the poor man whereupon they apprise they  ut above and he deliver they to the plaintiff for the say sum the court hold  that it be oppression and inquirable at the assize by indictment or punishable  in the starchamber and the court command that the undersheriff be a attorney a  shall be bring before they a but now by Geo c no undersheriff shall act as a  attorney solicitor or agent under the penalty of fifty pound croak James er p  croak throw trinity term James in the king bench sir Henry Montague Knt chief  justice sir John croak Knt sir John Doderidge Knt sir Robert Houghton Knt  justice sir Henry Yelverton Knt attorney general sir Thomas Coventry Knt  solicitor general
case scarborough versus burton January come on upon exception SC barn Charles  as it may accelerate a decree the court postpone the consideration of cost  till a cause come back from the master a plaintiff may apply for cost where a  defendant give unnecessary trouble in carry a decree into execution cost in  equity be entire in the discretion of the court but where they think it will  accelerate a decree the court choose to postpone the consideration of the cost  till the cause come back from the master though there may be ground enough for  decree cost even at the hear of the cause atkins what I ground my direction  upon in the present case be the defendant give the plaintiff further trouble  after the pronounce of the decree by entangle and perplex affair as much as  possible since in bring a vexatious bill the proper construction upon such  clause in a decree that if the defendant shall give unnecessary trouble in  carry it into execution be that the plaintiff may apply to the court for cost  every body know that the cost which be give by a court on the dismission of a  bill be not a adequate compensation for the expense a party be put to in such  a vexatious suit
case scarlet be case defect aid by the statute of Jeofails trespass verdict  for the plaintiff Bartlett allege in arrest of judgement that the v venire  facias be et haheas there hoc breve and say do nominajuratorum so that the  sher have no warrant to impanel a jury also it be balance ro libras say non  allocatur be within the statute of Jeofails and it be adjudge for the  plaintiff
case scarth versus cotton July a estate convey in trust to be sell to pay  encumbrance the residue in trust for the grantor and his heir upon a bill  bring by another creditor against the trustee and heir who be a minor and the  heir answer that the parole ought to demurrer during the minority because as  to the residue it be only asset it be order accord although the infant counsel  will have waive it as prejudicial to the infant a bill be bring by the  plaintiff as a bondcreditor against the defendant as trustee of the estate of  one John white who have in his lifetime convey it to the defendant in trust to  sell all or so much of the same as will be sufficient to pay his debt and the  encumbrance charge upon it and then in trust for his own right heir in order  to have the estate sell the prior encumbrance pay off and then to be pay his  debt out of the residue the daughter and heir who be a infant be also a  defendant and she by her answer insist that be a infant the parole ought to  demurrer because that although it be a trust for pay off encumbrance which  then affect the same yet as to the residue it be only asset the Lord  chancellor think it be so and that there be no difference between legal and  equitable asset and although in this case it will be to the case tempt Talbot  infant prejudice to take advantage of the law because the interest will outrun  the rend and profit of the estate yet it be mention in the plead he say he can  not avoid order it although the counsel will have waive the objection and so a  order be make to take a account of what be due to the plaintiff but all  proceed to stay until the defendant come to age and the plaintiff to pay all  party their cost except the infant and to have they again out of the estate  vide viner Abr title infant letter Q creed v Colville vern Davison v Goddard  pale yellow chaplin v chaplin p will uvedale v uvedale atk see Reg lib a fol  case tempt Talbot er p
case Scoble against lee to say thou art a regrator and do regrate by sell at S  when you buy at S be not actionable case for these word thou art a regrator  and do regrate by sell at twelve shilling when thou bought at ten shilling but  on a motion in arrest of judgement the word be hold not actionable the thing  not be a malum in see nor carry a scandal in it nor import any crime that  expose to loss of life or limb a and these word be no more actionable than to  say thou have build a cottage and not lie out four acre thereto b judgement  for the defendant shower KB easter term the thirtyfirst of Charles the second  in the king bench sir William Scroggs Knt chief justice sir Thomas Jones Knt  sir William dolben Knt sir Francis Pemberton Knt justice sir William Jones Knt  attorney general sir Francis winnington Knt solicitor general
case Scoble against skelton a prescription can only be annex to a estate infee  and therefore in plead it must be express allege that the party be seize in  fee S C skin S C show the plaintiff declare that he be seize of a tenement  call east and the defendant of another tenement call west Travallock and that  be and all those who estate be bad do use to fetchpotwater from the defendant  close c issue be take upon this prescription and a verdict for the plaintiff  Mr pollexfen move in arrest of judgement that the declaration do set forth a  it be hold by the great opinion that this be not amendable by the clerk  without the order of the court but if do by he accord to law they can not  alter it but they can punish he S C skin modern er p general that he be seize  but it do not appear it be in fee for if it be for life only then the action  do not lie because a prescription can be annex to a estate for life Tremain  insist that the declaration be sufficient and certain enough for when the  plaintiff do allege that he be seize general it shall be intend a seize in fee  especial after verdict but the court hold the declaration to be defective in  substance because a prescription can be annex to any thing but a estate in fee  and therefore it be not help after verdict the judgement be reverse
case Scoble against skelton trespass for injure his message or tenement be  good surplusage shall be reject on plead a prescription in and estate the  pleader must state a seize in fee SC Mod SC skin trespass for divert a  watercourse that time out of mind run to his certain message or tenement and  hold well enough because every message be a tenement then exception be take  because it be for he and his servant whereas his servant have no estate but  hold well enough then it be urge that be prescribe in a and estate and that he  say only seisitus be and do not say in fee whereas he ought to allege a  continue estate to make a prescription   light stay till move on the other  side a
case SCOLEFIELD versus whitehead die Jupiter Feb lord commissioner bill for a  specific performance of a covenant whereby the plaintiff be to have a pit in  the defendant ground for dig black stone prove that the defendant have for  above sixty year be in quiet possession of this pit for dig black stone bill  dismiss the bill be to have a covenant decree in specie whereby the plaintiff  be to have a pit in the defendant ground for dig of black stone and that when  the old one fail he may sink a new pit and with a further covenant that there  shall be no other pit there for the dig of black stone Vernon chancery case er  p
case SCOOLDING versus green Eq Abr pl S c devise of pound to a and b videlicet  pound to a and pound to b Payable at such a time and if either die before the  time then the pound to the survivor the whole pound decree to the survivor  notwithstanding the sever clause which hold only in case both live to the time  of payment a man devise to a and b the two daughter of his brother green to be  pay within a year after the death of his wife videlicet pound to a and pound  to b if they shall both be alive at the time of payment but if either of they  hall die before then the say to the survivor of the say two daughter one of  the say daughter die in the lifetime of the devisor and the only question be  whether the survive precedent in chancery daughter shall have the whole pound  or only the pound Rawlinson and Hutchins be clear of opinion that she shall  have the whole pound they say that by the first clause of the will it be a  joint devise to they of the pound in which case if the will have go no far if  one have die it will have survive to the other then the videlicet that come  after be only a severance of it in case they shall both live to the time of  payment which they do not and then the last clause of the will if either die  before the time of payment be a new substantive devise of the whole pound to  the survivor and decree accord precedent in chancery de boundary S HILLARII in  curian porter
case scory against baber a modus to find straw for the body of the church in  lieu of the tithe of hay be not good ante bro Ch Cas dougl prohibition against  the proprietor of the church of Soutbkirby in the county of York who sue for  tithe of bay and surmise that time out of uind the owner of these land have  find straw for the body of the church in discharge of all tithe of hay coke  move that this be no cause of discharge for the parson be not char eable with  it nor have any benefit by it and in Hilary term Elizabeth t be rule that  where one presrcihed that he have use to pay the parisbclerk his wage in  satisfaction of tithehay this be croak Elizabeth no discharge and of that  opinion be the whole court but if he have allege that he have the straw to the  parson and he hestowed it in the body of the church or that the parson have a  seat in the body of the church it have been otherwise and thereupon  consultation be grant a but the jury may find the defendant uilty of  manslaughter see old hend Ro will Rep c b Parker ms croak Elizabeth er p  easter term Elizabeth in the common plea sir Edmund Anderson Knt chief justice  sir William periam Knt Thomas Walmsley Esq Francis Heauniond Esq justice sir  John Popham Knt attorneygeneral sii Thomas Egerton Knt solicitor general
case scot against sir bird main if a lessor covenant to make a new lease upon  surrender of the old one and disable himself by levy a fine the condition be  break though the lessee do not offer to surrender post and S c   b Jones more  Poph Bulst Bac Abr Bac Abr Bl Rep dougl debt upon a obligation condition for  the performance of covenant in a indenture wherein main the defendant have let  to the plaintiff certain land for twentyone year and covenant croak Elizabeth  with he that upon the surrender of that lease at any time during his lease he  will make he a new lease for so many year c the defendant plead that the  plaintiff have not surrender unto he c the plaintiff show that the defendant  have levy a fine of those land sur conusance de law come Ceo c to sir John  savage and it be thereupon demurrer because he do not aver that he offer to  make he a surrender although he be not able to accept thereof nor to make a  new lease but all the court hold that there need not any tender to he make of  the surrender when he have disable himself to accept thereof by his own act or  to make a new lease wherefore it be adjudge for the plaintiff and error be  afterward bring thereupon and the judgement affirm see will c S croak  Elizabeth er p
case scot ux versus Haughton and dr full Eq can ab pl S c a give lottery  ticket among her servant on condition if any of they come up a prize of S or  more they shall give one half to her daughter the ticket give to the footboy  come up a prize of pound on a bill by the daughter a moiety of the pound  decree to her one Mr Cornewallis have set up a lottery call the wheel of  fortune penny ticket or a thousand pound for a penny mrs full the wife of dr  full send for twentyfour of those ticket and give they among the servant upon  condition if S or more shall come up her daughter shall have a moiety of the  lot and one of they thus give to the defendant Haughton her footboy happen to  produce the pound lot No the pound be pay to dr full scot and his wife  daughter of mrs full bring their bill for a moiety of the Vernon chancery case  pound lot and it be undeniable prove by the rest of the servant and other that  the ticket which cost but one penny be give the footboy on that condition per  cur pron  interrog  be dare he be to place here and there and a infant be to  be bind by it as well as one of full age and may be a trustee and decree it  for the plaintiff accord Reg lib b fol note the ticket be purchase by mrs full  out of her own separate fortune as to where a infant shall be bind vide jevon  v bush ante vol p and case cite in note there caryi v bertie ante p and case  there cite fry v porter Mod
case scovel against CAHELL see the commencement of this case ante Bac Abr    light b more the case be argue by coke for the plaintiff and gawdy serjean t  for the defendant coke argue that by the premise the party to who and the land  demise be express and in the hahendum the estate be limit as the office of the  hahendum be the proviso that come afterward shall not avoid it for it be  repugnant and void as Henry lease for two year proviso he shall not occupy it  for one year be void Richard quid law proclaim lease for year proviso he shall  not take the profit and in this case the lessor be tenant in tail and he make  this lease as by law he may and he can make it to have to one for life the  remainder to another for life c and to make construction that it shall he to  one for life the remainder to another for life will destroy the lease and  afterward it be adjudge for the plaintiff that it be a joint estate and the  proviso shall not sever it
case scrimshaw against Westby error of judgement for plaintiff upon a promise  to buy c as many prune as plaintiff can SC ld ray error of a judgement in the  commonplea where it be declare that in consideration that the plaintiff at the  instance of the defendant will buy for the defendant of such size plum quant  in she part posset and bring they to Billingsgate wharf in London he the  defendant agree to pay he eight shilling a bushel for blue prune and six  shilling a bushel for damson that hereupon he buy such and such quantity of  each and bring they to the place ready to be deliver to the defendant and  tender they and that defendant do not receive they judgement be give for the  plaintiff in the common plea the error assign be that it be not avert that  this be all he have or can have buy but per curian that need not have be say  for fruit be good to pass away and to be sell immediate and it be never the  intent of the agreement that he shall stay the delivery until he can have get  together modern all he can have buy beside if this be not all he have buy or  may have buy as if he have buy any for other that may have be insist on at the  trial and upon non assumpsit the plaintiff must have prove his declaration and  the judgement be affirm especial it be after verdict
case Scroggs against griffin on a promise to pay on request if the plaintiff  can prove a certain act the action include both proof and request I Lutwyche  cro James hob side assumpsit the plaintiff declare that where as one brown and  another do run for a wager of five pound which brown do win and upon  communication of it the plaintiff do affirm that there be disceit and covin  use in the say match the defendant adtunc Elizabeth bidem in consideration of  twelvepence deliver to he by the plaintiff assume that if he can prove that  there be disceit in the run that he upon request will give he Jorty shilling  upon non assumpsit plead and find for the plaintiff it be allege that request  must he after the proof make curian contra proof ought always to he in the  same action but when proof be refer to a particular person and he can do no  otherwise than he do here the action include proof and request and the  plaintiff have judgement
case Scroggs against the lord mordant hilary term Elizabeth in the exchequer  Chamber a administrator may sue la writ of error although the execution be  against the testor by elegit ante cro car Ro ab   palm   a the plaintiff as  administrator of bridge bring a writ of error to reversea judgement in  temptation to sin iagndtuqii in the Queens hench first the defendant all  allege that the writ of error lie not for this writ of error be give by the  Elizabeth c and the statute be that the party plaintiff or defendant shall  have a writ of error but speak not of the heir executor or administrator  second that execution be sue against the testath by elegit and the land only  be extend but no good deliver in execution so the administrator have no loss  and when he have no loss he can be restore to any thing croak Elizabeth but  the court resolve for both point that the writ of error do will livre for as  to the first it be within the intent of the statute a for which the statute b  do provide and as to the second he be privy to the record and may have loss by  it in going to be and in many case he that have no loss nor can have loss may  maintain a writ of error as the tenant which make a feoff pen the writ against  he so in trespass against two and execution of the dam a ge be have against  one only and the plaintiff be satisfy and he against who the execution be die  yet the survivor may sue a writ of error and for this point Edward S be cite  whereupon it be award that the writ do lie and that the defendant shall answer  vide   notam also that it may be that the execution of the land may he avoid  and then the administrator may he damn fie croak Elizabeth easter term  Elizabeth in the queen Hencb sir John Popham Knt chief justice sir Francis  gawdy Knt John Clench Esq Edward Fenner Esq justice sir Thomas Egertoi Knt  attorneygeneral sir Edward coke Knt solicitor general
case SCROGS against sir John spencer a return by coroner in their proper name  omit their name of office be erroneous ante more hob yely cro James Bac ab  error of a judgement in debt in the common plea the error assign be for that  upon a haheas corporajuratorum direct to the coroner they return the writ and  endorse the writ write their proper name but add not their name of office  videlicet crowner but the v venire facias be return by they and their name  writ videlicet a and b crowner and upon the haheas co? pora the name of a b be  write but not the name of coroner and after the verdict and judgement for the  plaintiff error be bring and it be the sole error assign Yelverton sergeant  move that it be not any error for croak Elizabeth before the statute of York  cap which be make Edward the sheriff need not to have put his proper name nor  of his office to his return and this statute extend only to the sheriff and  bailiff of franchise so the coroner to this day be out of the statute and at  the commonlaw it be well enough for it be not usual to put the sheriff name to  return and in proof thereof diverse precedent be show by agar deputy  chamberlain of the exchequer many of which be writ of assize the one be in  Edward assize against the abbot of Abington and one I S his commoigne and in  none of the writ the sheriff proper name or office be return and upon these  precedent show the court conceive it to he well enough and no error for when a  writ be return it be intend to he by the very officer of the court who ought  to do it which be the reason that at the commonlaw the sheriff name need not  to he put to any return and this reason hold here but they all hold that if  their name ought to have be here then it be not aid by the Henry c nor  Elizabeth c and they hold that the Edward c do not extend to coroner a but  they will advice
case SCRYVEN against DYTHER Hilary term Elizabeth roll sheriff bind ante post    impey Sh ld ray barn t Rep debt on a obligation make to a sheriff condition  if the say r Dyther personal appear herore the queen majesty justice at  Westminster a die Paschce in quindecim die to answer to I hunt as shall  appertain and further to do and to receive as the court therein of he shall  consider in that hehalf that then c the defendant plead the Henry c and the  bind be adjudge to he void and it be there cite that in sir William Druries  case a it be adjudge that if a sheriff take but one surety it be good enough a  vent sand   light ray a recite   b croak Elizabeth er p
case scurry and his wife against morse a person can bring a bill in equity for  a account against one coexecutor only either as a creditor or as residuary  legatee S c Eq Abr this be a bill bring by the plaintiff and his wife who be  the widow of Henry modern report er p bodily to have a account of the personal  estate of the say Henry and to be repay some cost the defendant put they unto  by unnecessary suit at law the bill set forth that the plaintiff scurry be  executrix of the say Henry bodily her first husband who likewise constitute  the defendant Morse and another as coexecutors in trust for his widow the now  plaintiff in order to assist her to recover the personal estate but that the  defendant Morse now insist to act as executor alone and far that the testator  Henry bodily her first husband sue the executor of Henry bodily the elder but  die before the say suit be end and thereupon this defendant Morse prosecute  that suit to a account before a master but then release it and therefore the  plaintiff now insist that the defendant shall account a Eq Abr a or that the  account take before the master may be inspect the defendant by his answer say  that he have do nothing but as executor to the testator Henry bodily and in  trust for his child and that this suit ought not to be carry on against he  alone who be but one of the three coexecutors so that there be not proper  party before the court it be argue for the plaintiff that though there be  three coexecutors yet the plaintiff may release one and demand a account  against the other of such part of the testator good as come to his hand which  demand be now make of the defendant who be only a trustee for the plaintiff  the court be of opinion that the plaintiff can not sue as creditor one  executor without the other nor as residuary legatee so the bill be dismiss for  want of proper party c see Ashhurst v Eyre atk S c atk plunket v pynson atk c
case Scythian plant at the chancellor house Lord chancellor a commission of  bankrupt be supersede because several of the debt of the petition creditor be  bar by the statute of limitation a bankrupt prefer a petition to supersede the  Commission on a suggestion that the debt of the petition creditor do not  amount to pound several of their debt be bar by the statute of limitation and  the Lord chancellor propose that this issue shall be try at law whether the  petition creditor be creditor for pound within the meaning of the act in which  trial the bankrupt be to have the benefit of the statute of limitation in the  same manner as upon a plea of non assumpsit infra sex aged but the council for  the creditor be unwilling to have this issue try the Lord chancellor supersede  the Commission because the statute will be elude if the creditor who have  suffer it to run upon their demand shall be allow to take out a commission  mosely report er p
case Scythian plant at the chancellor house Lord chancellor a purchase be make  to the use of baron and feme and their heir and baron and feme join in a  mortgage to the vendor to secure part of the purchase money the mortgagee file  a bill of foreclosure baron and feme answer joint the baron die and the wife  move to amend her answer and insist that the mortgage do not bind her for want  of a fine but the motion be deny because a answer have be adjudge equal to a  fine and the mortgage be good in equity the wife not pretend she be impose on  a answer in equity put in by a feme covert be equal to a fine a estate be  purchase in trust for the husband and wife and their heir and the husband and  wife join in a mortgage to the vendor to secure pound part of the purchase  money the mortgagee bring a bill of foreclosure and the husband and wife put  in a joint answer the husband die and now a motion be make for the wife that  she may amend her answer put in by coercion during coverture and insist on the  mortgage not be Obligatory on her because no fine be levy and vern be quote  where baron and feme exhibit a bill for a demand in right of the wife and the  cause proceed to publication the baron die and the feme marry a second husband  on a new bill it be adjudge they may examine again the same witness as be  examine in the former cause and vern shelberry versus Brigs ux a bill be bring  for a legacy against baron and feme who be executrix and it be adjudge indeed  that after the husband death the wife shall be bind by the answer and  deposition but it be say that in case of the wife inheritance it be otherwise  mosely report er p Lord chancellor I shall not grant this motion for though  the mortgage be insufficient at law I shall consider it as a good mortgage  since the wife do not pretend she be any way impose on and a answer in this  court have be adjudge equal to a fine mosely report petition
case Scythian plant at the chancellor house Lord chancellor a solicitor may  take out a commission of bankruptcy for his fee while his bill be under  taxation by order of court a order be make that a solicitor bill shall be tax  by a master and that all proceed at law shall in the mean time be stay and  while the bill be under taxation the solicitor sue out a commission of  bankruptcy against his client and on a petition to supersede the commission  this be adjudge to be no contempt nor a sufficient cause to supersede the  commission because the order of reference extend only to bring action and to  common and ordinary proceed
case Scythian plant at the chancellor house Lord chancellor a Writ of  execution of a decree be by order serve on the defendant clerk in court he be  go to Ireland and a attachment be take out for nonperformance of the decree  and Mr attorneygeneral move for the defendant that he may enter his appearance  with the register that the plaintiff may file interrogatory and that a  commission may be grant to Ireland to examine he to the contempt be the only  method can be take since he can not accord to the course of the court be  examine in person and a order be make accord vern
case Scythian plant at the chancellor house Lord chancellor eoden die by the  stand rule of the court if the to value little be examine on interrogatory  deny the contempt the prosecutor may take out a commission to examine witness  to mosely report prove it and the to value little can name only one  commissioner and may crossexamine the prosecutor witness but can examine any  witness for he but on proper affidavit the court will give he leave to examine  witness to some special point as the Lord chancellor do in this case and  declare that he think it a very hard rule and that since the prosecutor may  examine one in contempt on interrogatory he ought to be content with his oath  mosely report er p Wednesday April the that motion
case Scythian plant at the chancellor house Lord chancellor eoden die if a  client at law apply to have the attorney bill tax he must deposit the money in  court the Lord chancellor introduce this rule into the court of law but will  not into chancery because the bill be so large on the client neglect to attend  the master on the taxation of the bill the chancellor will not order he to  bring the money into court but only that the order of reference shall be  discharge if he do not procure a report in a fortnight Mr Attwoods bill by a  order of court be refer to the master to be tax and Mr Attwood now move to  discharge the order unless they deposit the money in court on affidavit that  so much be due and that the client abscond and will not attend the master and  the Lord chancellor declare that he first introduce that practice of bring in  the money into the court at law when he be Lord chief justice of the common  plea and that the same rule be afterward observe in the king bench for the  party be stop from sue at law he think it reasonable he shall have security  for his money but as it have never be do in chancery he will not make a  precedent because the bill be so large but will so far help he as to order  that unless the other side procure a report in a fortnight the say order shall  be discharge
case Scythian plant at the chancellor house Lord chancellor eoden die on a  decree of foreclosure the court will not oblige the plaintiff to lie the title  deed before counsel for the defendant to get a assignment or sale of the land  unless the plaintiff consent to a sale but only to give a copy of the mortgage  deed a decree for a foreclosure nisi and the defendant move that the plaintiff  may lie the deed before counsel in order to have the mortgage assign to one  who will advance the money but the counsel for the plaintiff insist that such  a order be never make but where the mortgagee consent to sale for by that he  submit to do every thing that be necessary to a sale and the Lord chancellor  make a order that the plaintiff shall give the defendant a copy of the  mortgage deed at the defendant charge but will not oblige he to produce the  title deed but say he think it a good reason to enlarge the time to redeem if  the defendant shall hereafter apply to the court for it
case Scythian plant at the chancellor house Lord chancellor eoden die you may  move for a sergeant at arm in all case on the return of a to take in hand  corpus by a order make by the earl of Macclesfield the plaintiff may move of  course for a sergeant at arm in all case on the return of a to take in hand  corpus though it be warm insist upon that such a motion be proper only where  the fine and amerciament belong to the sheriff as in mosely report Middlesex c  for then it will be to no purpose to amerce he for not bring in the body but  that in other case you may have the party bring in by habeas corpus or the  bail bind assign to you Monday march the that plead and demurrer
case Scythian plant at the chancellor house Lord chancellor if the defendant  plead in bar he can move for the plaintiff to make his election till the plea  be argue for the plea deny he have a election but say he be not entitle to sue  in equity Ant Cas the defendant put in a plea in bar to the relief seek by the  bill and obtain a order for the plaintiff to make his election whether he will  proceed at law or in this court and on the plaintiff motion the Lord  chancellor discharge this order for the order go on a supposition that the  plaintiff have a election and yet the defendant plead he be entitle to no  relief in equity and therefore the plaintiff be not oblige to make his  election till the plea be argue and Mr solicitor general for the plaintiff  quote the case of Vaughan and Welsh where on a plea of the statute of  limitation the like order be discharge
case Scythian plant at the chancellor house Lord chancellor if the good  sequester be not sufficient to satisfy his demand the plaintiff may move to  revive the order for a sergeant at arm a order be make for a sale of good  sequester and the money arise by the sale not be sufficient to pay even the  sequestrator the plaintiff move that the order for a sergeant at arm may stand  revive and a order be make accord mosely report er p
case Scythian plant at the chancellor house Lord chancellor if the plaintiff  be in the service of a foreign envoy he must give security to pay cost by the  rule of the court a dedimus be returnable the first return of the next term  but by the practice it be not return till the second return of Hilary and  Trinity term Mr lutwych move that the plaintiff may give security to the  senior six clerk not towards the cause to pay cost on affidavit of his be in  the service and under mosely report er p the protection of the Genoese envoy  and produce a precedent Ann make by Lord Cowper and the Lord chancellor make a  order accord mosely report by the constant rule of the court a dedimus to take  a answer be returnable the first return of the next term but by the practice  it be not return till the second return of Hilary and Trinity term because the  vacation between Michaelmas and Hilary and between easter and Trinity term be  so short and this practice be allow by the master of the roll mosely report de  term S trin Monday June the that
case Scythian plant at the chancellor house Lord chancellor on the return of a  attachment for nonperformance of a order against one in the fleet the next  process be a sequestration a attachment for nonperformance of a order against  one in the fleet be direct to the warden of the fleet and on his return that  he be prisoner you may move for a sequestration
case Scythian plant at the chancellor house Lord chancellor one find a idiot  have leave to traverse the inquisition at her own request on condition she  will appear in person at the trial vern a woman that be find a idiot by  inquisition pray by herself and council that she may have leave to traverse  the inquisition and the Lord chancellor after ask her several question make a  order accord upon condition she shall appear in person at the say trial at the  next assize or whenever they bring it on
case Scythian plant at the chancellor house Lord chancellor the defendant  obtain a order to refer the bill for impertinence after he have twice pray  time to answer and the chancellor order that he shall procure a report within  four day or the order be discharge the attorneygeneral move to discharge a  order to refer a bill for impertinence because the defendant have obtain two  order for time to answer whereby he admit the bill though he allow it may have  be refer for scandal because that ought to be expunge and not remain on the  record of the court the chancellor order that the defendant shall procure a  report within four day or the order be discharge Monday December the that
case Scythian plant at the chancellor house Lord chancellor the order of  taxation empower the master to examine the solicitor on personal interrogatory  only what money he have receive but may move on proper affidavit for the  master to examine hill to his disbursement the usual order be make that Mr  Haywood a solicitor bill shall be rate by a master and he be examine on  interrogatory what money he have receive and it be now move that he shall be  examine on interrogatory what sum he have pay to counsel and other person on  affidavit of his have charge several item which the party himself have  disburse and the Lord chancellor seem very unwilling to break in upon the  usual course of the court but make a order that the master in the course of  the taxation may if he think proper examine he on oath to any item contain in  the affidavit but not to any other but afterward on a motion to the master of  the bolls a general liberty be give to the master to examine he on oath and  his honour say he think it very reasonable he shall be oblige to clear up  every thing in that manner mosely report Thursday may the that
case Scythian plant at the chancellor house master of the roll eoden die a  answer of two defendant underwrite jurat be suppress on a motion for  irregularity the joint and several answer of two defendant be on motion  suppress for irregularity because it be underwrite jurat and not being under  oath or ambo being under oath and the master of the roll say he have know such  a answer adjudge irregular
case Scythian plant at the chancellor house master of the roll eoden die a  sequestration which be a kind of a suspension nisi c be grant against the  warden of the fleet for not answer No attachment lie against he because he be  suppose to be always in court and though it be direct to the sheriff the body  when bring in be turn over to the fleet in c b if the warden will not appear  they forejudge he his office a sequestration nisi c be move for against Mr  Gambiere the warden of the fleet for not put in his answer master of the bolls  it be common to suspend clerk of court and the warden of the fleet the warden  of the fleet attend this court and the court of exchequer by two deputy and  therefore no attachment will lie against he because he be suppose to be always  personal in court but he can be sue by bill in either court but only in the  common plea where if he will not appear they forejudge he his office the  attachment be direct to the sheriff but when he bring in the body the prisoner  be turn over to the fleet take your order for a sequestration which be a kind  of a suspension nisi mosely report Friday December the that appeal and rehear
case Scythian plant at the chancellor house master of the roll eoden die the  court will not grant a order to prove exhibit at the hear of exception because  you can offer nothing at the hear that be not before the master a motion be  make for a order to prove a exhibit viva voice on the hear exception to a  master report but the master of the roll deny the motion and say that no such  order be ever make because on argue exception you can offer nothing new that  be not before the master mosely report Wednesday July the that plead and  demurrer
case Scythian plant at the chancellor house master of the roll eoden die you  may amend a bill pay common cost after a demurrer be put in but after it be  set down to be argue if you amend you must pay the cost of the demurrer the  master of the roll say that the plaintiff may move to amend his bill on  payment of twenty shilling cost after a demurrer be put in if it be not set  down to be argue and after it be set down on payment of the cost of the  demurrer and the register be consult agree to the difference Monday February  the d
case Scythian plant at the roll a attachment against a prisoner in the fleet  be direct to the warden but a excommunicate to take in hand can  notwithstanding the word in the of Elizabeth the sheriff or other officer a  motion be make to direct a excommunicate to take in hand against a prisoner in  the fleet to the warden master of the bolls a attachment in such a case be  direct to the warden of the fleet but that be not a original writ and be  always returnable into this court but I can grant this motion because a  excommunicate to take in hand be a viscontiel writ and the word of the  Elizabeth that the sheriff or other officer will not warrant such a order but  be make use of for other reason the writ have no non to let go in it so the  sheriff in case of a liberty can only return to put in hand Ballivo beside the  writ run into county palatine and then it be direct to the chamberlain or  chancellor and by law if the sheriff be excommunicate it be direct to the  coroner Saturday June the that
case Scythian plant at the roll chancery never allow maintenance for a infant  beyond the interest of their fortune vern vern the testator devise pound  apiece to his three daughter Payable at twentyone or marriage and if any of  they die before their portion become due her share be to be equal divide among  the survivor one die under age and unmarried another attain her age of  twentyone year and file her bill against the executor for payment of her  legacy of pound and of pound the moiety of her sister share that die which she  be entitle to by survivorship the executor by his answer crave a allowance out  of the principal for maintenance of the plaintiff but at the hear the master  of the roll declare it be a establish rule in chancery not to allow  maintenance for a infant beyond the interest of her fortune and therefore in  this case no interest mosely report er p be Payable till the principal become  due the executor be entitle to no allowance for maintain the plaintiff till  she come of age it be also question when the plaintiff be entitle to the  payment of the pound whether at the time it be to have be pay to the sister in  case she have live to receive it or at the time the original portion become  Payable to the plaintiff but the solicitor for the plaintiff submit to have  the payment of it decree when the sister will have arrive at twentyone and  though the master of the roll say it be a doubt he seem to be of the same  opinion mosely report the plaintiff may move for a subpoena returnable  immediate against a officer of the court without the usual affidavit because  he be presume always to attend legacy to two Payable at or marriage and if  either die before payment to survive one die under age and unmarried Q whether  the legacy over shall be pay at the same time with the original legacy or at  the time the decease will have come to post Pag bridge convey vern Nels Fol  Rep in cane Anders Swinb part sect lev vern
case Scythian plant at the roll eoden die if a cause come to a hear on a bill  of discovery it must be strike out of the paper and the bill can be dismiss  because it pray no relief a cause be bring to a hear where the bill be for a  discovery only the question be whether the bill shall be dismiss or the cause  strike out of the paper and his honour the master of the roll order the cause  to be strike out of the paper because a bill be never dismiss where the  plaintiff pray no relief for the word of a dismission be the court see no  cause to relieve c Monday June the that
case Scythian plant at the roll master of the roll a bind condition to convey  land for money receive be consider in equity as article and the condition  shall be perform in specie and the obligee have be in possession year need not  prove the money pay the condition of a bind be for so much money in hand pay  to convey and assure certain land the master of the roll declare that bind of  this nature be always consider in equity as article of agreement and decree  the condition to be specifical perform and the obligee have be in possession  twenty year he will not oblige he to prove the payment of the money which be  recite in the condition to be pay in hand
case Scythian plant at the roll the clerk in court may proceed here for his  bill either against the solicitor or client though he can sue the client at  law for want of a retainer the clerk in court may pray payment of his bill of  cost in this court either against the solicitor or the client though he can  proceed at law against the client for want of a retainer Wednesday may the  saint
case Scythian plant at the roll the heir may discharge his estate when the  portion become Payable though it belong to a infant vern Nels Fol Rep in canc  a term of two hundred year be limit to trustee to raise portion for daughter  there be but one daughter the heir file his bill against the trustee to assign  the term as he shall appoint on payment of the portion though the person  interest in the portion be infant the child of the daughter who be dead yet  the time when it be Payable be pass the heir may discharge his estate
case Scythian plant at the roll this court will not take cognizance of a sum  original below the dignity of it though by the neglect or mispleading of the  plaintiff it have amount to a large post Cas a action be bring for pound which  by let judgement go by default be increase to pound and the defendant file a  bill and move for a injunction which be deny by the master of the roll who  declare he have late dismiss a bill on mosely report er p the same account  because the sum be original below the dignity of the court though by the  neglect or mismanagement of the party it have amount to a sum the court will  take cognizance of
case Scythian plant in court Lord chancellor eoden die Lord chancellor as one  of the commissioner of oyer and terminer give leave to serve Mr Huggins with a  subpoena who be in confinement in Newgate for murder of which he be indict at  the old Bailey and a special verdict find Mr solicitor general move for a  subpoena returnable immediate against Mr Huggins who be commit to Newgate for  murder of which he be indict and a special verdict find but not yet argue and  that service of it on the turnkey or keeper of Newgate may be good service  because his servant have deny they access to he Lord chancellor No process can  be serve on a prisoner commit at the suit of the crown without leave though if  he once appear you may go on against he but as I be one of the commissioner of  oyer and terminer before who he be try I will make a order that the keeper of  Newgate shall admit you in to serve the process on Mr Huggins Thursday  December the that motion
case Scythian plant in court Lord chancellor eoden die the defendant though he  be not serve with a subpoena may rejoin gratis but by Chan Cas the answer  shall be take for true cur cane if the plaintiff reply to the defendant answer  but never serve he with a subpoena to rejoin he may rejoin gratis in order to  prove his answer though the plaintiff can force he to rejoin without a  subpoena Saturday February the that
case Scythian plant in court Lord chancellor if a bill be depend here and the  plaintiff file another for the same matter the defendant may move to have they  refer and one dismiss but if a bill be dismiss in the exchequer and then file  here he can dismiss it on motion but must plead to it the plaintiff file a  bill in the exchequer which be dismiss and now bring the same bill in this  court which the defendant move may be dismiss with cost mosely report er p but  the Lord chancellor on consult the register say it can not be dismiss on a  motion but the defendant must plead to it and then it be refer to a master to  see whether it be the same bill or not but if a bill be depend here and a  second bring for the same matter the defendant may move that it may be refer  to a master to see whether they be the same and to dismiss one mosely report  Saturday February the that appeal and rehear
case Scythian plant in court Lord chancellor if the defendant obtain a order  for time to answer he may put in a plea if the order be not to answer only  Chan Cas Chan Cas vern a second plea of want of party be not good for at law  if the defendant plead want of party he must give the plaintiff a good writ  but this plea can be suppress on a motion but must be set down to be argue Mr  attorneygeneral for the plaintiff the defendant plead that such a person not  name in the bill ought to be make a party upon which the plaintiff amend his  bill and make he a defendant then the first defendant obtain a order for time  to answer and then plead that such a one also not name in the bill ought to be  mosely report er p party and I humble move your lordship that this plea may be  suppress be a second dilatory plea and come on irregular for by the order the  defendant have only time to answer and though the order be not for time to  answer only but to answer and a plea have be adjudge a answer in Lord  Strafford case that must be understand of a plea in bar not of plea in  abatement Lord chancellor if a defendant at law plead in abatement the want of  party he must show who they be and must give the plaintiff a good writ but  this plea can be suppress on a motion but must be set down and argue Saturday  October the that appeal and rehear
case Scythian plant in court Lord chancellor the creditor of a feme covert  file a bill after her death to be pay out of a trust estate for her sole and  separate use the court decree that all the creditor shall be pay acquire step  and a mortgage and bind creditor be not to be prefer because a feme covert by  law can not make a mortgage or enter into a bind but that her executor who be  a creditor may retain his debt though the estate stand out in trust but not  the trustee Ant Cas see the next follow case Ant Cas Chan Cas Mr Guyon settle  pound in trust for the sole and separate use of his wife and to be at her  disposal by deed or will and he be to be indemnifyd from her debt the wife  make a will and die her creditor file a bill against the husband executor and  trustee for payment of their debt and the Lord chancellor decree that the  husband shall be indemnified out of the asset and all party pay their cost in  the first place that the creditor shall be pay acquire step and that her  trustee who be a creditor a mortgagee and a creditor by bind shall have no  preference because a feme covert by law can not make a mortgage or enter into  a bind but it be void and she may plead non be factum but the executor who be  a creditor have liberty to retain his debt and the expense of the funeral and  probate of the will though the asset be in the hand of a trustee Wednesday may  the that
case Scythian plant see in re Barrington Ch d at the chancellor house master  of the roll if a stranger cut down timber or commit waste it belong to the  tenant for life without impeachment of waste and not to the tenant in tail or  in fee in remainder tenant for life without impeachment of waste remainder to  his first and every other son in tail become a bankrupt and a commission be  take out against he and the commissioner sell his estate to the defendant  against who the son of the bankrupt on certificate of his bill be file and  affidavit obtain a injunction to stay waste which upon come in of the answer  be to be dissolve nisi and the plaintiff show for cause that he as tenant in  tail have a right to enjoin any one from commit waste but the tenant for life  himself and even he in a court of equity from pull mosely report down the  mansion house or cut down timber ornamental to it though he have a power by  law master of the roll the injunction must be continue as to pull down the  mansion house or cut down the timber ornamental to it but dissolve as to cut  of timber general for though there have be great variety of opinion former it  be now settle at law that if a stranger cut down timber or commit any other  waste it belong to the tenant for life who be dispunishable of waste and not  to the remainderman in tail or in fee mosely report er p
case Scythian plant where the cause be bring on only on bill and answer if the  bill be dismiss against any of the defendant there only S cost be to be pay  but if the plaintiff have a decree against the defendant though only on bill  and answer there cost must be tax note the course of the court be that where a  cause be bring on upon bill and answer and the plaintiff bill be dismiss as  against a defendant in such case only S cost be to be pay by the plaintiff but  if the plaintiff have a decree against the defendant though upon bill and  answer only if the plaintiff have cost give he it must be cost to be tax but  this practice be alter by a order of Lord Hardwicke on the that of April vide  atk peer William er p
case seaman against big Trinity term car roll to say of a servant who be in a  employment of trust and confidence that he be a cozen knave and have cheat his  master be actionable post roll ab lie Com dig to Rep action for word whereas  the plaintiff be servant in husbandry to I S and be his bailiff and in great  trust with he and thereby get his mean and maintenance that the defendant to  disgrace and discredit he with his master and other speak of he these word  thou art a cozen knave and have cozen your master innuendo the say I S of a  bushel of barley the defendant make justification and it be find against he  Farrer now move in arrest of judgement that these word be not actionable for  no action lie for call one cozen knave or cheat knave croak car but all the  court absent Brampston hold that true it be general a action will not lie for  call one cozen knave yet where the word be speak of one who be a servant and  accountant and who credit and maintenance depend upon his faithful deal and be  by such disgraceful word be deprive of his livelihood and mean of maintenance  there be good reason it shall bear a action that he may have recompense for  loss of his credit and mean wherefore it be adjudge for the plaintiff
case SEAMOUR and other against PASHLEY in replevin a avowry under a distress  for rend allege a possession under a term for year be sufficient replevin  avowry of a distress for rend allege a possession for a certain term of year  sir John holt in debt for rend it be well enough but not in avowry because in  avowry we must traverse some particular point in case of the action of debt we  can plead the general issue therefore here you ought to show the beginning of  the estate a a and estate can be of a term for year b a difference be take in  that case of croak between debt and avowry for this last savour of the realty  f roll Abr pl g Trinity term car ante page h in the common plea a savage v  Hawkins cro car Jones b   light shower KB er p Mr pollexfen there be no  difference and if it be good in the one it be good in the other for both be  only shower KB remedy for rend it be true in a formedon or real action here it  be a action only between lessor and lessee and this be between lessor and  lessee as that case of debt be and as Scavages case be in Jones report there  be no such difference take the court hold it all one and well enough judgement  for the avowant
case Searl against bunion in a justification for take cattle damage pheasant  it be sufficient to say that he be possess of a term of year c without state  the particular title S C Freem S C salk trespass for take of his cattle the  defendant plead that he be possess of Blackacre pro boundary to visit a year  adlunc et thus far venture and be so possess the plaintiff cattle be do damage  and be distrain they damage feasait ibidem and so justify the take c the  plaintiff demurrer and assign special for cause that the defendant do not set  forth particular the commencement of the term of year but only that he be  possess of a acre for a term of year to come and regular where a man make a  title to a particular estate in plead he must show a particular time of the  commencement of his title that the plaintiff may reply to it north chief  justice and the whole court hold that the plea be good upon this difference  where the plaintiff bring a action for the land or do of a trespass upon the  land he be suppose to be in possession but if he will justify by virtue of any  particular estate he must show the commencement of that estate and then such  plead as here will not be good but when the matter be collateral to the title  of the land and for anything which appear in the declaration the title may not  come in question such a justification as this will be good a yely cro car  contra Lutw a in this case no man can tell what the plaintiff will reply it be  like the case of inducement to action which do not require such certainty as  be necessary in other case modern so where a action be bring for a nuisance  and he entitle himself general by say he be possessional pro boundary a year  it be well enough and be need not to set forth particular the commencement  because he do not make the title his case for this reason judgement be give  for the defendant
case SEDBURROUGH against rant Michaelmas term pound Elizabeth roll in debt if  a infant appear by attorney instead of guardian judgement may he reverse after  his full age I Ro ab Ro ab cro James atk Com dig   light b I side error of a  judgement in the common plea in debt upon non sum informalus the error assign  be that the defendant at the time of the judgement be within a e and appear by  attorney whereas he ought to have appear by his guardian 7nd upon two to know  facias two nihils be return whereupon it be pray that for this cause the  judgement may he reverse and by gawdy and Fenner cceteris Justitiariis send  away it be therefore reverse for gawdy say if he be within age at the time of  the judgement give although he be not so at the time of the error bro ught it  be reversable and be triable per pais and not like croak Elizabeth to a error  upon a fine or a statute acknowledge b that one within age for they be not  reversable but by inspection but here in regard the defendant make default  upon two nihils return it be not now triable but it be a confession wherefore  it be for this cause rqversed
case Sedgewick against GOFTON Trinity term car roll a writ of error returnable  on a day certain in the next parliament be good S C skin S C keb S C lev ante  post cro James Rastals Ent ld ray hale chief justice say that a writ of error  in parliament may be return ad prox parliament such a day but if a particular  day be not mention then it be nought and although there be a particular day  express yet if that day be at two or three term distance the court will  adjudge it to be for delay and it shall be no supersedeas and be say he have  look into the book upon the point in the register he say there be a to know  facias ad prox parliament but not a writ of error easter term the twentysixth  of Charles the second in the king bench Wednesday may sir Matthew hale Knt  chief justice sir Thomas Twisden Knt sir Richard Rainsford Knt sir William  wile Knt justice sir Francis north Knt attorneygeneral sir William Jones Knt  solicitor general
case Seeley versus Iago Lord chancellor Cowper one devise pound to be lie out  in a purchase of land in fee for the benefit of a b and c and their heir equal  to be divide a die leave a infant heir b and c may have their share pay they  in money but the infant can one devise that pound shall be lie out in a  purchase of land in fee to be settle upon a b and c and their heir equal to be  divide a die leave a infant heir and b and c together with the infant heir  bring a bill for this pound Lord chancellor the money be direct to be lie out  in land for a b and equal which make they tenant in common and b and c elect  to have their two three in money let it be pay to they for it be in vain to  lie out this money in land for b and c when the next moment they may turn it  into money and equity like nature will do nothing in vain but as to the share  of the infant that must be bring before the master and put out for the benefit  of the infant who by reason of his infancy be incapable of make a election  beside that such election may be he to die during his infancy be prejudicial  to his heir vide Benson v Benson ante peer William er p peer William de term S  HILLARII
case selby against carrier word actionable post cro Elizabeth cro car action  for these word thou art a bankrupt knave upon not guilty plead and find for  the plaintiff and a motion in arrest of judgement that the word be not  actionableit be hold by the court that the word be scandalous and actionable  be two substantive otherwise it have be if the word have be bankruptly knave  or have be adjective speak and judgement be give for the plaintiff
case selby against russell a award shall be absolute without reference to a  future examination S c comb debt on a bind for the performance of a award it  be insist on for the defendant that the award be void because there be no  final determination of the matter submit but several thing seem to be submit  to a future determination a of which opinion the court seem to be holt chief  justice say that where matter be submit they ought to award all absolute  without refer to any future examination and that be know but one case where  arbitrator may refer to a future act and that be where they award the payment  of such cost as a officer of the court shall tax which have be allow say  adjournatur b
case self against kennicot foreign attachment plead debt on a bind the  defendant plead that the plaintiff be indebt to I S he make a attachment of  the say money in his hand the plaintiff demurrer two exception be take because  first it do not appear that the debt arise within the jurisdiction second that  the attachment plead be make before the money be Payable by the bind it be  answer as to the first that there be a great difference where a man be  plaintiff in a action and the defendant here who be a three person and no way  privy and can not allege that he who be plaintiff here be a defendant below  and the precedent be all without it as may be see in coke entry title debt and  as to the other matter it be debt is owed in present time though to loosen in  going to be and it may be attach before it be Payable though it can be  condemned until after there be cite side and keb halse v walker roll Abr pell  case cro Elizabeth shower KB see mallum v Herne mich car b r that a attachment  in London of a debt in Middlesex be good
case self versus Madox all maii in court Lord chancellor a be decree to pay a  sum of money or deliver possession of a house to b by a certain day convey the  house to a creditor in satisfaction of a real debt this shall not defeat b of  the benefit of the decree the defendant Madox be decree to pay the plaintiff a  sum of money or deliver up possession of a house and land in Edmonton and upon  the defendant examination on interrogatory touch a contempt in not perform the  decree it come out that the defendant have make a assignment to a real  creditor by bind of this house and land for satisfaction of his debt and that  this assignment be make by Madox of his own free will without the privity or  knowledge of the creditor not only pen the suit but even after the time first  set for payment of the money or deliver of the possession be expire which time  Madox have get enlarge on motion with design in the mean time to make this  conveyance the question be whether this assignment make by Madox shall defeat  the plaintiff of the benefit of the decree the court decree the possession of  the house and land to be deliver to the plaintiff without any regard have to  this conveyance and the case of Goldson and gardener in Vernon chancery case  be cite where the court have make the like decree in the case of a conveyance  make from the father to the son prior to the decree but pen the suit every  purchaser pendent light even for valuable consideration or otherwise and  without actual notice will be bind by the decree sorrel v carpenter p wms  Worsley v earl of Scarborough atk so where a general charge of debt though  purchaser otherwise not bind to see to the application of the money yet bind  after suit commence walker v Smallwood Amb so hold as a general rule that  alienation pen a suit be void ibidem as to what shall be reckon a sufficient  lie to hang vide Preston v tubbin ante
case selman against king and other when a defendant be Chargeable on a  collateral promise as to pay when he shall he request the general allegation  of although often require be not sufficient a request must be precise allege  ante post Yelv hob cro car Lut cro Elizabeth Owen Brownl Jones Savil Bulst  will sand sand assumpsit whereas upon a suit in the starchamber between the  defendant and other a commission issue for the examination of witness that the  plaintiff at the time of the commission keep a inn in Beningham and in  consideration that she promise to find horsemeat and mansmeat for the  defendant and his company during the time of the sit of the commission that  the defendant assume to pay to the plaintiff all such sum as that diet and  horsemeat amount to when he shall be thereunto request and allege in fact that  the commissioner sit there three day and that she find the say horsemeat and  mansmeat during the say time which amount to five pound six shilling and that  the defendant although often require have not pay it the defendant plead non  assumpsit and it be find against he and now move in arrest of judgement that  the promise be to pay when he shall be request there ought to be a precise  request allege and the year day and place of the request express for the  defendant be not otherwise Chargeable in a assumpsit the whole court be of  that opinion for when the defendant be Chargeable upon a collateral promise  and not for a mere debt there ought to be a request precise croak James er p  allege but in a assumpsit for debt where a duty be due before that be but in  nature of a debt the general allegation although scepius require be sufficient  and for that cause the judgement be stay a
case Selmon against Courtenay to trespass the defendant can give highway in  evidence on the general issue SC barn action of trespass against the defendant  for break the plaintiff close the defendant plead not guilty and produce  ancient witness to prove this to be a highway and so no trespass and have a  verdict the plaintiff now move to set aside this verdict be give upon illegal  evidence for that the defendant shall have plead it special but instead of  that he plead it not guilty and give the highway in evidence which can be do  modern the question be whether on not guilty this excuse of a highway can be  give in evidence will chief justice consult with all the judge upon this  question because some of they bad differ in their opinion whether it can be  give in evidence or not and he report that the majority of they be of opinion  that it can not be give in evidence on not guilty and that wherever a  defendant confess the allegation of the plaintiff to be true but have  something to offer as a excuse be must always plead it special or otherwise  can give it in evidence modern er p
case sergeant t WHITACRES case mandamus to restore a recorder Qure S c ld ray  S c holt S c salk in the case of a mandamus to restore sergeant Whitacre to  the recordership of modern report er p Ipswich these case be cite to show that  a corporation by prescription may have several name by reputation as if they  be call by one name though it be not exact the right name yet if it be  sufficient to describe the person they must answer the writ Rep Henry Rep b  Rep Henry Fitzherbert title cro roll Abr one reason for turn he out be that he  do not attend at their session after they be appoint Yelv a difference betwixt  justice of the peace and of oyer and terminer and gaol delivery stat Edward  leo cro count c I Jones     non skin be a forfeiture   light dyer wield  sergeant cite these case about misnomer cro more roll Rep keb modern report  hilary term the four of queen whether in the queen bench sir John holt Knt  chief justice sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt  justice sir Edward Northey Knt attorneygeneral sir Simon Harcourt Knt  solicitor general
case sergeant versus puntis will of land make before the statute of fraud have  but two witness and the testator die after the statute yet the will be make  before hold good a man make a will of land several year before the statute of  fraud and perjury and the will have but two witness to it the testator live  some time after the statute and then die without alter his will master of the  roll I think it be a good will to pass the land be make before the statute  though the testator die after but the other side insist to have it try at law  he direct it accord precedent in chancery de boundary S mich in curian  CANCELLARAe
case SEVINIACK against marshal plea by a administratrix not good this be a  action bring against a administratrix who plead that she have not asset die  impetrationis short catalog primitive when the action be bring by bill and not  by original and for this cause the plaintiff demurrer and have judgement
case sexton case a warrant of attorney give by a administrator for a debt due  by the intestate under a arrest as for his own debt be void ante a  administratrix owe money to a as such but nothing in her own right be arrest  by he by a writ without name her administratrix and she be thus under arrest  give a warrant of attorney to confess judgement whereupon judgement be enter  and her good take in execution and all this appear by the master report though  there have be a attorney buy at the execute of the warrant of attorney the  judgement be set aside for irregularity and restitution award for she be in  custody without any foundation and under that terror give the warrant per  curian modern er p
case SEYMAN against okeley Easter Term Elizabeth roll or a release of demand  to a I tenant at will do not increase his estate   light W b   a cro James  side dyer Leon trespass the defendant lead that Vriier be seize in fee and let  to he at will and afterward release to he all croak Elizabeth account suit and  demand ab beginning clean until the day of the date by which he be seize for  life c the question as if the estate of the lessee at will be increased?And  upon motion resolve by the whole court that the estate be not enlarge and the  plaintiff have judgement
case Seymour versus Fotherby viner title payment Eq Abr c a term in trust to  raise any sum not exceed the pound for payment of debt he shall owe at his  death and after borrow pound and appoint trustee to pay that pound and die  indebt to several other yet the pound to take place accord to the appointment  and not to be divide among all the creditor a man make a settlement of a  estate on himself entail and if he die without issue then to trustee for a  term for year upon trust to raise any sum not exceed pound for payment of his  proper debt which he shall owe at his death afterward he borrow pound of I S  and by deed appoint his trustee to pity that pound out of the trust estate and  die without issue indebt to several other person so that the pound will not be  sufficient precedent in chancery to pay all and the only question be whether  the pound thus appoint to be pay shall be pay in the first place or in  proportion with the rest of the creditor the court decree the pound shall be  pay in the first place de boundary S the number three in curian porter
case shall against SEIGNORET covenant to pay on assign of bank stock tender of  transfer shall be the breach assign S c ld ray S c Lutw the defendant covenant  with the plaintiff that he will pay he one hundred pound in money and give he  credit for one hundred pound more upon the plaintiff assign he one thousand  pound stock in the bank of England and that the defendant will accept the same  upon notice on or before the twentyfourth of may next follow in covenant the  plaintiff allege notice to the defendant that the plaintiff will be ready to  make the transfer on the say twentyfourth of may but that the defendant do not  come to accept and nonpayment of money assign for breach c and per curium the  breach be ill assign for they shall assign for breach that they have tender a  transfer modern report and that the defendant do not accept for there be  nothing to be pay but after transfer a see Anonymous ante and Grimes v Lovel  ante modern report er p
case SHARLEY against RICHARDON Hilary term Elizabeth roll a award of general  release with a proviso that the award shall he void if the party dislilied it  in day be good for the first part though the proviso be void S c Poph side  debt upon a obligation of the condition be to perform the arbitrament of  WalterBolton and Edward price of all action c Thedefendant plead they make no  arbitrament the plaintiff by replication show that they make a award scilicel  that eadh of they shall give to the other within four day after the award a  general release of all demand till the date of the obligation proviso always  that if either of they dislike the award within twenty day after the award and  shall pay to the other within the say twenty day ten shilling that then the  arbitrament shall he void and it shall he lawful for they to sue their action  c one against the other upon this be it be demurrer and argue by Tanfield of  the one part and Lewis of the other and after argument it be adudged for the  plaintiff for all the justice hold that the first part of the award be good  and the proviso be repugnant and contrarient to the premise be whole void and  for the nonperformance of that part which be good the action do lie for when  they award that they shall release each to the other within foe day by  nonperformance of it the bind be forfeit then the proviso that upon pavnient  of ten shilling all shall he void this can save the bind which be before  forfeit and when one have release to the other the other if the proviso be  good may tender the ten shilling to make the arbitrament void which will not  avoid the release and it be adjudge for the plaintiff
case sharp against hubbard the six month for prove of a suggestion shall be  reckon accord to the calendar the six month in which by the statute Edward c S  the suggestion modern er p for a prohibition be to be prove must be reckon  accord to the calendar month and it be so compute in the ecclesiastical court  a roll Abr hob light accord but in Mod it be say that the computation shall be  by lunar month see also that a month be regular account in law twentyeight day    light roll Abr   cro James cro Elizabeth Mod skin stram burr Com dig dougl  Bl Com it be say however that where a statute speak of six month in a matter  which concern ecclesiastical affair they shall be compute by calendar month  Com dig Ann b but this exception to the general rule of law seem confine to  the case of a lapse in quare hinder   light b cro James a
case sharp against HURREL easter term James roll No contract be usurious by  which the lender run the hazard of lose all his money both principal and  interest post debt upon a obligation the defendant plead the statute of usury  and show that a ship go to fish in Newfoundland which voyage may be perform in  eight croak throw month and that the plaintiff deliver fifty pound to the  defendant to pay sixty pound upon return of the ship off Dartmouth and if the  say ship by occasion of leakage or tempest shall not return from Newfoundland  to Dartmouth then the defendant shall pay the principal money videlicet fifty  pound only and if the ship never return he shall pay nothing and it be hold by  all the court not to be usury within the statute for if the ship have stay at  Newfoundland two or three year he shall have pay at the return of the ship but  sixty pound and if the ship never return then nothing so that the plaintiff  run a hazard of have less than the interest which the law allow and possible  neither principal nor interest croak throw michaelmas term James in the king  bench sir Thomas Fleming Knt chief justice sir Edward Fenner Knt sir  Christopher Yelverton Knt sir David William Knt sir John croak Knt justice sir  Henry Hobart Knt attorney general sir Francis Bacon Knt solicitor general
case shaw against barber if tenant at will make a lease and the lessee enter  he only be the seize ante   light a cro James Jones cro car will Bac ab wood  con term Rep in ejectionefirmce upon evidence it be agree per totan curian and  so deliver for law to the jury that if tenant at will make a lease for year  and the lessee enter he be only the seize and a release or confirmation to the  tenant at will afterward be void because the privity be determine and Walmsley  say that so it have be resolve against the opinion in Edward pl a and   salk  Mod ld ray hawk croak Elizabeth er p
case shaw against Tompson the wife of a copyholder entitle to dower may  recover the value in damage in the court baron although they exceed S Ro ab  more No Com dig   light Bac ab pale yellow ten debt for fifty pound recover in  a court baron the case be that a feme recover dower of a copyhold accord to  the custom of the manor by plaint in a court baron and for that her baron die  seize she recover by judgement there fifty pound damage and for that fifty  bring this action and declare upon all this matter it be thereupon demurrer  and the sole question as Tanfield move it be whether she may recover damage to  fifty pound there where they can hold plea above forty shilling t the whole  court hold that the damage be well award and that she may welt recover so much  there for as they may hold plea of the land so for the damage as far as the  demandant be damnified and shall he well allow a say adjournatur
case shaw against Tompson word actionable ante Ro ab Bac Abr action upon the  case for these word thou art a forswear knave and I will prove you to he  forswear in the spiritual court after verdict for the plaintiff it be move  that a action lie not for these word no more than for say thou be forswear in  Whitechurchcourt which word have be here resolve not to he actionable the  court hold that the action well lie for the ecclesiastical court be a judicial  court and well know wherefore it be adjudge for the plaintiff b in Trinity  term judgement be give for the plaintiff and on a writ of error affirm post a  say vide ray Mod side Mod Carth sand Str nge Cowp b it be now amendable by  pound car c and Ann c croak Elizabeth er p
case shaxton against shaxton non injure be not a good plea where the person  and land be to be indemnified before the condition of a bind be that the  defendant shall save harmless Thomas shaxton and the mortgage premise and  shall pay the interest for the principal sum the defendant plead that Thomas  shaxton non to be injure for that the defendant have pay the one hundred and  twenty pound principal money with all the arrear of interest due at such a day  and upon a demurrer this be hold no good plea because the first matter non  injure go to the person and not to the premise and so judgement be give for  the plaintiff
case she against dryden a award that one of the party shall make a assignment  of his apprentice be have debt upon a arbitrationbond the award be that the  defendant shall make a assignment sufficient in law of I S his apprentice to  the plaintiff and it be resolve by the court videlicet Powell powys and gold  justice holt chief justice absent that the award be ill because the assignment  can not be without the assent of the apprentice and a award for a man to do a  thing which be not in his power to do without the consent or concurrence of  another be void a see godb bedam v Clarkson ld ray kid on award a Powell  justice say that by the custom of London if a master leave off trade he may  assign over his apprentice but then the apprentice may choose his master b  Dalton c king v peck salk Caistor v Eccles ld ray S c salk the parish of holy  Trinity v the parish of Shoreditch stram Baxter v Burfield Consts poor law b  but such assignment will not hold in any other place
case shear against Dickenson Michaelmas term pound Elizabeth roll a v venire  facias award defective on the roll may he amend cro James post error of a  judgement in the common plea and assign because the venire facias be award  upon the roll in this manner therefore lprcrceplum qsl viscount qubd when to  make gubd to be hic and a space leave for the day of the rest rn so there be  not any day for the return upon the roll although the day of the return be  croak Elizabeth express in the venire facias and it be say that the v venire  facias ought to be award upon the roll and to have a day certain for that be  the warrant for the writ of v enirefacias and if it he not accord to it it be  error and not amendable and of that opinion be Popham and Fenner but gawdy  hold it to he amendable el adjournatur but afterward the judgement be affirm
case shearman against lily Hilary term car roll in debt on bind condition that  the defendant wife shall devise l c it be no plea to say she do devise it  unless he show also that he pay it ante Andrews debt upon a obligation of two  hundred pound condition that whereas lily have marry such a woman be a widow  if the defendant shall permit his say wife to make a will of her husband good  to the value of one hundred pound to be pay within one year after her decease  that then c the defendant plead that he permit his say wife to make a will and  thereupon the plaintiff demurrer roll sergeant say that he ought to have plead  that he pay accord for otherwise be do not answer to the condition but only to  one part thereof all the court be of that opinion for to be pay be all one  with and to pay otherwise it be a idle thing to permit her to make a will if  he do not pay and therefore they all hold that the plea be ill wherefore it be  adjudge for the plaintiff
case shearman versus shearman Nov Eq can ab pl pl S c though length of time no  bar betwixt merchant and merchant yet if deal betwixt they have cease for  several year and one of they die and the survive merchant bring a bill for a  account the court will not decree a account but leave the plaintiff to his  remedy at law the plaintiff late husband and defendant have deal together as  merchant the bill be for a account and although it be agree that the length of  time be no bar yet the plaintiff husband live many year after the trade and  deal between they cease and after some difference and dispute have arise  between they and acquiesce to the time of his death the court therefore  dismiss the bill without cost no case state Reg lib b fol and leave the  plaintiff to recover at law if she can per Lord Hutchins among merchant it be  look upon as a allowance of a account current if the merchant that receive it  do not object against it in a second or a three post as to length of time  permit to bar the open of settle account vide Robert v Kuffin atk and case  cite in not there tickel v short ves Vernon chancery case er p
case SHECOMB against Hawkins a power to make lease general extend only to  lease in possession and not to lease in reversion or going to be post SC  Brownl SC Yelv roll ab ray lev   more Leon Leon salk ld ray Bac Abr Powel on  power Cowper dougl note term Rep ejectment upon a special verdict the case be  mrs Luttrell be tenant in fee of the manor of d which be then in lease for  year levy a fine thereof to the use of herself for life and after to the use  of her old son in tail reserve power to herself to make lease at any time for  twentyone year before the lease in be expire she make another lease to I S  under who the defendant claim for twentyone croak throw year to begin after  the determination of the former lease and die the first lease expire the son  enter and make a lease to the plaintiff it be adjudge for the plaintiff for it  ought to have be a lease in possession and not a interest to begin in going to  be or reversion after another estate determine for then she may by infinite  lease detain those in reversion out of possession for a long while which be  against reason and the intent of the party vide   a
case sheffield and other against the archbishop OF Canterbury the archbishop  of Canterbury may sit as judge in the court of arch and therefore can sue  there for book bequeathe to the library at Lambeth although he be in such case  only a trustee prohibition move for to a suit of the archbishop in the arch  for a legacy of book give to the library at Lambeth suggestion that the  plaintiff be cite out of the diocese and also that he be judge of the arch and  so will be arbitrator in his own cause Mr north oppose the prohibition because  the gift be not for himself pollexfen book be proper the chattel of the  archbishop and will not go to the successor though it be to be hope they will  be transmit yet the legal property be in he and though some doctor sit as  judge in the arch yet the archbishop may sit there himself whensoever he  please and the archbishop in this case have no remedy but a commission of  delegate original as the archbishop of York when he be translate thither be  sue for dilapidation in his former bishop palace by a original commission of  delegate and a prohibition be grant in this case and the plaintiff order to  declare thereon a see Anonymous post and Owen case post see also Inst roll Abr  side banister v Hopton Mod smith v Langley b r h synes v synes burr full v  Hutchins Cowp Blacquiere v Hawkins dougl darly v cozen term Rep shower KB er p
case SHEIRS against henry Bretton on a covenant in London to repair house in  Surrey the breach must be assign at the place where videlicet at London ante  side lev ray keb covenant bring in London suppose the place of the demise at  the parish of saint mary Le bow in London of a message in Dorking in the  county of Surrey and therein a covenant to repair the house and allege that at  London in the parish he permit the house to decay upon demurrer to a vicious  bar plead it be show for exception to the court that this breach be of a  matter local and not transitory and be not in this case well assign and the  court be of that opinion whereupon the plaintiff discontinue his suit and  begin de to make new croak James er p
case shelberry versus briggs ux of the eighth month Eq can ab pl S c pl S p  bill for a legacy against baron and feme who be executrix of the testator  defendant answer and witness be examine and publication pass husband die No  abatement and the wife shall be bind by the answer and deposition but it may  be otherwise if the wife inheritance be in question ante can the plaintiff  bill be to have the payment of a legacy devise to he by a will of which the  defendant wife be make executrix the defendant answer diverse witness be  examine and publication pass the husband die it be insist that the wife be not  bind by the answer nor by the deposition take while she be under coverture say  non allocatur per cur here be no abatement so where the husband and wife  plaintiff for demand in right of the wife atk and the wife shall be bind by  the answer and deposition but in case of the wife inheritance it may be  otherwise vide anon ante p quaere yet et vide Eyton v Eyton pre Ch where the  master of the roll seem to have admit the answer of the husband as against the  wife in a matter of inheritance
case SHELBURY against bird Hilary term Elizabeth roll a writ of law close  direct bailiff villce c be good but if against a infant the admission of  guardian must he per curian post   side Inst Mod hob Pigot vern Prec Ch Mod  peer will peer will stram error upon a judgement give in Colchester first  error that the writ of law close be direct bailiff villce de Colchester  whereas it shall he bailiff nest for they be the queen baily and it be not  sensible that it shall he direct bailiff villce coke all the form of the writ  be so and it be therefore good second error the action be bring against a  infant who appear by his guardian and no warrant appear for it for the entry  in such case be qubd ankle admission estper curian Henry pl Fitzherbert n  narrow places I Henry pl Colce this be error in fait and in the common plea  the entry be per jailer admission c and a special entry be keep of it in a  roll and so perhaps be keep in Colchester Wray chief justice this be no error  infait but in the record gawdy justice the guardian ought always to he admit  per curian mark die a Edward c croak Elizabeth er p
case Sheldon against Sheldon roll Michaelmas term Geo November if a legacy be  give to b Payable two year after the testator death and b die within the two  year yet his executor be entitle to the legacy a give a legacy of fifty pound  to b Payable two year after a s death b make his will and give all his  personal estate to c and make he executor b die within the two year c bring  his bill against the executor of a for the fifty pound modern report and the  master of the roll decree for the plaintiff and say that where a legacy be  devise to one general to be pay or Payable at any age or two year or any other  time after the death of the testator and the legatee die before that age or  within that time yet it be such a interest vest in the legatee that his  legatee executor or administrator may sue for and recover it for it be debt is  owed in prsenti modern report er p though Payable in going to be the time be  annex to the payment and not to the legacy itself and will have no case cite a  see Cloberrys case vent Collins v Metcalf vern Gordon v baines Peer wms Dawson  v Dawson brown c c and Fontblanques equity and the case there cite a
case SHELHERY against buzzard error in a judgement on a writ of right ante a  writ of right can be maintain without show a actual seize by take the esplees  Daly v king c b east Geo a variance in spell where the word have the very same  sound be not material post Edward roll ab Roll Ab Mod hawk Cowp dougl error of  a judgement upon a recovery against bird in Colchester in a writ of right in  which the plaintiff be vouch a come in and vouch the common vouchee and lose  by default first the writ of right be direct bailiff llce juice de col whereas  it shall he bailiff nest c for they be the queen bailiff gecondly the  declaration be make before the appearance of the defendant by attorney or in  person three Shelhery the vouchee appear by guardian the entry be croak  Elizabeth er p he appear by guardian but say not ad hoe per curian admission  Fourtbly the judgement be general against the vouchee and not for the land  only within the jurisdiction five the demand be de center point duor mewagior  and the judgement be qubd recupere tenement prcedict whereas it shall he  center point tenement prcedict six because no judgement be give for Shelhery  the vouchee against the second vouehee coke the judgement be well give and  there be no error but the last and he say the record be otherwise t t  judgement be give against the second vouchee croak Elizabeth but he move that  the writ of error be not well bring for it vary from the principal record for  in that the plaintiff be name Shelbury and here the writ be bring by the name  of Shelbery so e for u and in Trin Elizabeth a recovery be one by the name of  bird and he bring a writ of error by the name of Burd and for this variance  the writ do abate assize assize another variance that the record be of land in  Colchester and the writ of error suppose the land in Colchester and the writ  be mere find upon the record for these variances he pray it may abate but  notwithstanding these exception the judgement be reverse
case shelton case grant good without actual delivery post Owen   light   wood  the case be lessee for year grant his term by deed and seal it in the presence  of diverse and of the grantee himself and the deed at the same time be read  but not deliver nor do the grantee take it but it be leave behind they in the  same place The opinion of all the justice be that it be a good grant for the  party come for that purpose and perform all that be requisite for the protect  it except a actual delivery but it be leave behind they and not countermand it  shall he say a delivery in law croak Elizabeth trinity term Elizabeth in the  common plea sir Edmund Anderson Knt chief justice sir William periam Knt  Thomas mead Esq Hugh Wyndham Esq justice sir John Popham Knt attorneygeneral  sir Thomas Egerton Knt solicitor general Anonymous croak Elizeheth er report  date case anonymous what shall he a suspension and what a extinguishment of a  copyhold post more cro James   b see I Bac ab and the case there cite and Bac  ab pale yellow ten term Rep a copyholder in fee marry a woman seignioress of  the manor and they suffer a common recovery to the use of themselves for life  remainder over it be hold b Anderson c j mead and periam that the copyhold be  extinct for by the recovery the baron have gain a estate of freehold but they  all hold that by the intermarriage it be only suspend mead say it be adjudge  in Newports case that if a copyholder take a lease of the manor his copyhold  be extinct
case shepherd against allen a defendant in execution can be bail after the  record be remove by writ of error post cro Elizabeth Com dig Bac Abr in  notorious facts stram crompton prac will impey Inst clerical term Rep term Rep  error of a judgement in this court the record be remove into the exchequer  Chamber and it be pray that the defendant be in execution may be bail and  because the record be remove so as there be not any record here it be hold  that he can not be bail here and he can be bail in the exchequer Chamber for  they have not any authority but to reverse or affirm the judgement and not to  make execution wherefore he be not bailable see James c car c car c Geo c
case shepherd against Edward Hilary term James roll a promise to pay so much  quantum to deserve with a averment quod to deserve so much be sufficient  certain ante post cro Elizabeth cro car roll Abr Hardr lev error of a  judgement in exon before the mayor and bailiff there the error assign be  because that Edward the plaintiff declare that he be a professor of physic and  surgery and so have be for diverse year and the defendant be trouble with a  disease call a fistula and in danger of his life by reason of that disease the  defendant march in consideration that the plaintiff at the defendant request  will with his best skill apply wholesome medicine for the cure the defendant  of his disease nec non need et a council suum dart et to hang over to the say  defendant in she part assume and promise to pay to he upon request such a sum  of money as the plaintiff for his labour and counsel in et daughter of the Sun  administration sickness prediction to deserve and allege in fact that the  plaintiff the say that march et to visit other a day et turn betwixt the say  that of march and the last of February follow accord to his best skill cause  to be apply diverse medicine for cure of the say disease nec non need et a  council suum per idem time in she part devoted to to the defendant and that  the defendant as well by mean of the say medicine as by the labour and counsel  of the plaintiff be by the say last of February well cure of the say disease  and make whole and he say in fact that he well deserve a hundred pound for his  labour and counsel bestow about the cure of the say disease and that the  defendant although he have be require have not pay the say hundred pound nor  any part thereof the defendant plead non assumpsit and it be find against he  and thereupon the plaintiff have judgement although it be object that quantum  to deserve be insufficient and uncertain
case shepherd against kearne where one of two thing be to he perform by the  obligor at the election of the obligee no election be a good bar to debt on  the bind debt upon a obligation the condition be that if one pay to the  plaintiff within one month after the death of lady learn or twenty cow at the  election of the obligee that then c the defendant plead that the plaintiff  have make no election the plaintiff demurrer and it be adjudge that the bar be  good and judgement against the plaintiff
case shepherd and baily against orchard if on error by two there be two  atorneys and one only assign error on which there be issue there can be no  severance shepherd and Baily bring a writ of error and make two atorneys upon  the to know facias the one attorney assign error to which the defendant take  issue and then the other will plead in abatement of the writ per curian if one  of the plaintiff have make default he shall be sever but if they go on they  must proceed joint and if one attorney will assign error c without authority  from both we can help he let he take his remedy against the attorney
case shepherd versus ken Eq can ab pl pre Ch S c after creditor have join in a  bill and obtain a decree for payment of their debt out of legal and equitable  asset none of they shall be permit to obtain a preference of the other by  obtain judgement against the executor where there be legal and also equitable  asset the creditor who will take their satisfaction out of the legal asset  shall have no benefit of the equitable asset until the other creditor who can  only be pay out of those asset have thereout receive a equal portion of their  respective debt Mr ken have by will devise his land to his executor to be sell  in aid of his personal estate and the creditor have join in a bill and obtain  a decree for the payment of their debt out of asset and the TrustEstate some  of the creditor that be plaintiff in that cause to gain a preference of the  rest have obtain judgement against the executor upon a bill now bring by the  other creditor to be relieve against those judgement the Lord keeper be of  opinion first since all the creditor have join in a bill and have obtain a  decree for payment of all their debt without any preference and the decree be  since prosecute and money pay under it that such of the creditor as be  plaintiff in the cause wherein such decree be obtain shall not now gain a  preference by judgement obtain by confession Vernon chancery case and declare  his opinion to be that where there be legal and also equitable asset the  creditor who will take their satisfaction out of the legal asset shall have no  benefit of the equitable asset until the other creditor who have only a remedy  out of the equitable asset have thereout receive a equal proportion to their  respective debt vide the case of the creditor of sir Charles Cox p wms and  particular note p there the decree in the principal case be affirm on appeal  to dom proc Dec Colles p c Vernon chancery case er p
case SHEPPHERD against tailor distringa be the execution on a judgement in a  court baron and not a to lift up without particular custom S c salk error in  replevin for take six pewter dish the defendant make conusance that a  judgement be have in a courtbaron against the plaintiff and that a to lift up  facias issue out against he upon which he take the pewter dish the plaintiff  demurrer and have judgement and it be now affirm because a distringa be the  execution on a judgement in a a see whether c S modern report er p courtbaron  and not a to lift up facias without a particular custom allege which be not do  and the avowant shall not have begin with the judgement first but have show a  plaint enter and superinde in such a manner process to be and so judgement  against he
case Sherborne versus cleric eoden die in court Lord keeper Vid ante case Eq  can ab pl S c and S p demurrer to a bill bring to discover the tenant to the  prcipe on a voluntary conveyance allow the defendant plead a good title in his  father to the land in question and quiet possession thereof by himself as heir  to his say father for year the plea then state that the plaintiff have bring a  writ of formedon in remainder against the defendant for the premise in  question and declare on a certain settlement in the bill mention that to this  writ the defendant have plead a fine and recovery suffer by his father to  which plea the plaintiff reply and traverse that the defendant father be  tenant of the freehold and that on the trial the plaintiff be nonsuit and  judgement thereupon duly enter for the defendant and this plea be allow Reg  lib b fol vide Stapleton v Sherrard ante
case SHERBURNES case in prohibition if it appear that the right of tithe be in  question or that the prescription be not prove a consultation shall not go  ante post more t re cro car prohibition against the parson of Thacbsly for sue  for tithe of wood of the park of Thachsly and surmise that he and all those c  time out of mind c have use to pay to the vicar of Thachsly ten shilling  yearly for all tithe of wood a this case be reconsider and judgement for the  defendant affirm post a cro James Ro ab more b see car c which restrain parole  revocation croak Elizabeth er p grow croak Elizabeth in the say place the  proof be that he pay ten shilling for discharge of tithewood in the park and  two other place coke solicitor move for a consultation first because he  surmise he pay so much to the vicar in discharge of tithe and by this the  right of tithe hetween the parson and vicar be to come in question which be  mere triable in the court Christian as it have been twice adjudge in this  court mich Elizabeth nter hunt bush and mich pound Elizabeth the lady Gresham  case second cause the proof do not prove the prescription for the prescription  be to pay ten shilling for the tithe of the wood c and the proof be of that  park and two other place and of that opinion be the court for both point but  it be adjourn and no consultation award
case sheriff OF Cumberland case sheriff take bailbond on a attachment per  curian it be the constant practice for sheriff to take bailbond accord to  Henry c from person take up upon attachment a and no remedy against he upon a  to take in hand return if he have he not at the day but to amerce he
case Sherington against andrews S c comb a seize of a rectory of one hundred  and twenty pound per annum charge with a feefarm rend of twentysix pound per  annum be tax for all the rectory only accord to the rate of twentyfive pound  per annum for tax he retain four shilling per pound for the feefarm rend which  be much more than he real pay the whole matter appear in the exchequer where a  bill be bring it be decree that the owner of the feefarm rend shall allow only  in proportion to what be pay
case Sherington against Fleetwood flood land when drain and waste convert into  meadow shall immediate pay tithe Inst more keb bunb Freem Mod Carth ld raym  buller vesey onslow n p Bl Rep rake post Freem tithe of one thing can be tithe  for another ante roll Abr hest agisted for hire or for sale be tithable roll  Abr Leon more bunb Freem cro James Abr prohibition for tithe Popham c j if  land he overflow with water and afterward gain by industry tithe shall present  he pay thereof although it have be overflow time whereof c so if land he full  of thorn and bush frold time whereof c and it be grubhed up and make meadow or  arable land tithe shall he present pay thereof notwithstanding the Edward c  for those land of their own nature be not barren but by negligence or ill  husbandry become so and the statute do not intend that thythes shall not be  pay within seven year after the manurance c but of such land which be mere  barren and make good by foldage or other industrious mean and this be agree by  the other justice Popham also say that it have be here adjudge that tithe  shall not he pay for rake unless they he foul rake the parishioner also  presrcibed that he use to pay one penny for every milk cow in satisfaction for  the tithe of milk cow and hest agisted which be move not to be a good  prescription for tithe for one thing can be tithe for another but if he have  presrcibed that he have pay the penny for all cow and hest agisted that  peradventure have be good and this diversity be so rule in the case of dr lews  and of that opinion be the court here croak Elizabeth then Godfrey move that  no tithe by the law be Payable for beast agisted and so be the naturan narrow  places d but all the court hold that for beast agisted for hire or for dry  cattle which be depastured to he sell tithe shall he pay but for dry cattle  rear for the blow or to he expend in the house no tithe shall be pay for they  say adjournatur
case sherlock against chandler Hilary term car roll venire facias ante S C  Jones roll ab cro James   light a error to reverse a judgement in replevin the  error assign by Grimston be in the mistrial of the issue because the issue be  whether land in Bromley be hold of the manor of web by such service the venire  facias be award de vicineto de Bromley where it ought to be de vicineto of the  manor or de vicineto de Bromley and of the manor?And all the court absent  Brampston hold that the trial by the commonlaw ought to have be per vicinetum  of both and that such a mistrial have be cause of reversal c but it be aid by  James c which point that if a trial be to be of several place it shall be try  per vicinetum of any of the place and it be well enough c   b   a   c I   b  croak car er p
case Sherwin against sir walter Clarges trial at bar in ejectment when it  appear to the court that a suit be vexatious they will not grant a trial at  bar in ejectment without name a sufficient plaintiff and by favour of the  court one may have a trial at bar though he sue in form pauperism
case sherwood against uvoodward a promise to pay in consideration that the  plaintiff will deliver good which he have before sell to the defendant son be  good roll ab Cowp term Rep assumpsit whereas he sell to the defendant son  certain weight of cheese the psalm defendant in consideration the plaintiff  will deliver the say cheese to his say son assume that if the son do nof pay  for they then he will a and for nonpayment the action be bring upon non  assumpsit plea dead and forund ior the plaintiff it be move by Godfrey in  arrest of iudgyment that this be not any consideration for it be no more than  what the law appoint to deliver that which he sell the property whereof be in  the son by the sale but gawd and Fenner hold it to be a good consideration for  it be a ease to the bargainee to have they without suit which peradventure  otherwise he can not have have and although the bargainee may take they in  this case the bargainer be not bind to clellier they and there be a new act do  by he upon this agreement and it be a ease to the vendee and Henry be that to  deliver the good of the party himself at another place be a good accord  wherefore cceter be justitiariis send away they adjudge it for the plaintiff a  ante roll ab dyer in mark I Leon Bac ab term Rep a vide car c croak Elizabeth  er p
case sherwood against Winchcomb tithe can be presrcihed for as parcel of a  manor post Ro ab more hob   sand   Bac ab prohibition the plaintiff declare  that whereas king Henry the eight be seize of the manor of d of which a  portion of tithe of such a place be parcel time out of mind c convey it to he  and he be implead in tl e court Christian for these tithe c upon this  declaration it be demurrer for tithe can be parcel of a manor for they be  thing spiritual for which at commonlaw a common person can sue and be of a  distinct nature can belong to a manor Edward pl Henry pl Edward cattalla felon  can be parcel of a manor and although the king may have tithe vet he have they  not as a la fee and of that opinion be all the judge that he can prescrihe for  tithe as parcel of a manor but if he have presrcihed to have Decimus parten a  grain this have been good but not part no  and a consultation be grantdd vide    b
case shield against cliff misnomer cliff be sue upon a bind by the name of  Peter plead in abatement that he be baptise by the name of Paul and not by  that of Peter and conclude to the country and per curian a to answer ouster be  award
case shipman against thomson see in re Daintrey Q b a executor may sue in his  own name for money receive subsequent to the testator death and the defendant  can set off a debt due to he from the testator assumpsit for money bad and  receive to the plaintiff use the defendant plead non assumpsit and set off  against the plaintiff debt a case be make at the assize for the opinion of the  court the plaintiff husband make her executrix the defendant after the  testator death receive several sum of money for rend due to the testator in  his lifetime for which this action be bring and the defendant will have set  off several sum of money due from the testator to the defendant against the  plaintiff debt modern the question make upon this case be whether the  plaintiff shall not have sue as executrix to her husband and then if she have  sue as executrix whether the defendant can not have set off his debt against  the debt owe he by the testator in his lifetime the court this debt when  recover will be asset liable to the testator debt and if the defendant can be  allow to set off his debt be may pay himself before the bondcreditors be pay  and by that mean simple contract will be pay before debt of a superior nature  we think the action be very proper bring for when money be due to the testator  himself but receive after his death the executor may sue in his own right but  if the cause of action arise in the lifetime of the testator there he must sue  as executor therefore we be of opinion that the postea must be deliver to the  plaintiff
case Shipton against hopton debt for keep a engine to destroy the game this be  a action of debt who tam c this action be give by the statute Geo c by which  it be enact that where a offence shall be commit against any law for preserve  the game and the offender liable to pay a pecuniary penalty upon a conviction  before a justice any person may sue for it by a action of debt see now Geo c  Geo c a bring by a common informer on the statute Ann c for fifteen pound  wherein the plaintiff declare on two several count one for ten pound for kill  two partridge the other for five pound for keep a engine to destroy the game  not be qualify c army statutor what royal power upon nil debet plead the  plaintiff have a verdict for five pound only modern report er p it be now move  that he may enter the verdict on either of the count because the defendant  intend to move in arrest of judgement for though he may not be qualify by the  statute of this land to keep a gun yet if he be otherwise qualify by law he be  not subject to this penalty now he may be qualify by law as be huntsman to a  nobleman who in come up to the parliament may kill a deer in any of the king  forest and this he may do by the forestlaw which be part of the law of this  realm and for this reason the plaintiff be order to enter big judgement
case shipwith against steed Trinity term Elizabeth roll or a indenture seal by  the husband only can he plead as the deed of the husband and wife Bac Abr  estoppel Ant a deed seal and deliver by a husbandin the name of his wife be  good during his life Cowp debt upon a obligation condition for the performance  of covenant in a indenture hetween William steed and Ann his wife on the one  part and the plaintiff on the other part the defendant plead the indenture as  a indenture of William steed and Ann his wife whereas in truth the feme never  seal the plaintiff reply that the indenture show by the defendant non to be  fanctam inter William steed and Ann his wife on the one part and the plaintiff  on the other and thereupon a Videpost judgement for the defendant croak  Elizabeth er p they be at issue and the jury find that the baron seal it but  the ieme do not and all the court hold that this verdict be find against the  defendant who plead it as to the deed of the feme Anderson Glanville and  Kingsmil hold that the plaintiff be not estopped to say that the deed show be  not the deed of the croak Elizabeth baron and feme but he be estopped by the  condition to say that there be not any such indenture as SmitAs case a  Glanville and Kingsmil hold that if the baron have seal and I deliver it in  name of the feme it have be the deed of the feme during the life of the baron  and if they by indenture bargain and sell the land of tl e feme render rend it  have be a good deed of the feme because she afterward may have accept the rend  and affirm it as her deed wherefore it be adjudge for the plaintiff
case shirley versus watts November before the master of the roll a judgement  creditor before he be entitle to redeem a mortgage of a leasehold estate and  bind creditor must take out execution a judgement creditor who have not take  out execution bring a bill against the defendant to redeem he who be a  mortgagee of the leasehold estate and likewise a bind creditor plaster of the  roll William fortescue Esq the case of angel versus draper in vern be in point  and a strong one than the present for there the defendant who have the good in  his hand seem to have come to the possession of they in a fraudulent manner  but notwithstanding upon defendant demurrer because the plaintiff a judgement  creditor have not allege he have take out execution the court allow the  demurrer and say the plaintiff ought actual to have sue out execution before  he have bring his bill in the present case there be not the least suggestion  of fraud the defendant be a fair and good fide creditor by mortgage there be a  case of king v Marissall last term atk S c upon a bill by a judgement creditor  to redeem which come on before Lord Hardwicke when he ask for the writ of  execution and upon its be produce admit the judgement creditor for this reason  to redeem for want of its be take out now the bill must be dismiss because  till execution the plaintiff have no lie on the leasehold estate and decree  accord
case shoot versus shoot Mod S c Eq Abr c I wms atk to Bunbury divorce a month  thoro if it continue during the coverture equity will not assist the wife in  recover her dower but will leave her to the law neither will the spiritual  court grant her administration nor chancery decree her a distributive share  the bill be to have dower of her husband real estate and a share of his  personal estate for herself and child by he he die intestate and  administration grant to another because there be a divorce between her husband  and her a mensae thoro master of the roll as to the dower whether you be  entitle to it go to law there be no impediment and therefore as to that the  bill must be dismiss precedent in chancery the grant administration be in the  ecclesiastical court but the distribution do more proper belong to this court  but since in the ecclesiastical court she be not such a wife as be entitle to  administration I will decree no distribution therefore the bill must be  dismiss as to that too and if you can repeal that sentence you will then be  entitle to distribution note Friday of April the earl of jersey principal  secretary of state be send to fetch the great seal from my Lord chancellor but  have no warrant in write to demand it my Lord chancellor refuse to deliver it  but the next day the secretary come with a warrant and then the seal be  deliver to he and Sunday the that of may the custody thereof be commit to the  two chief justice and chief baron with a special commission to seal writ and  they sit at sergeantsinn the Monday follow to seal writ and the master of the  roll sit in the court of chancery to hear cause by virtue of a commission in  the usual form to hear cause in absence porter and afterward the custody of  the great seal be give to sir Nathan wright knight one of the king sergeant  precedent in chancery er p precedent in chancery de boundary S the number  three in curian porter
case short against HELYAR Hilary term Elizabeth roll process test on a Sunday  may he amend after verdict post more disturb James strange I Com dig term Rep  term Rep in c b error in trespass first the venire facias bear testae upon the  Sunddy which be not die assize towns say non allocatur for it be help by the  Henry c second error trespass be pro defalcatione herhe herhe treading under  foot edibus ambulaindo ontinuando quo ad de apasturationem tread upon herhe c  where be dipasturing be not mention before but it be hold but surplusage and  judgement be affirm a croak Elizabeth trinity term Elizabeth in the queen  bench sir Christopher Wray Knt chief justice sir Francis gawdy Knt John Clenob  Esq EdwardFenner Esq justice sir John Popham Knt attorneygeneral sir Thomas  Egerton Knt solicitor general
case showel against hook easter term James roll word actionable post more cro  Elizabeth cro car say vide roll Abr palm contra Com dig will action for these  word thou have be in the gaol for steal of a pan  It be hold that the action  well lie although he do not charge he with any felony
case SHUCKBOROUGH against biggen ante on a conviction of manslaughter on a  appeal for murder a general pardon do not discharge the burn in the hand ante  SC   more hob ray Peer will a hawk p c the case be move again and Popham and  Clench hold that this suit be a suit of the party and the burn of the band can  be pardon Popham say if one be attaint of forgery in a action upon the statute  Elizabeth c S of forgery the queen can pardon the punishment but the case in  Elizabeth dyer when one be convict in the starchamber for forgery and the  queen pardon the punishment be good law for the suit in that court be by  information which be proper the queen suit and not the party and therefore the  queen may pardon it but not when he be convict in a action at the party suit  and so he say be the opinion of diverse justice with who he have confer but  gawdy and Fenner hold that the queen pardon be sufficient to discharge the  burn in the hand and to that purpose cite Elizabeth d er and upon this  diversity of opinion they move for a composition hetween the party and the  defendant give forty mark and the plaintiff accept thereof and then  discontinue her suit and the defendant be discharge by the pardon the party  suit be determine croak Elizabeth trinity term Elizabeth in the common plea  sir Edmund Anderson Knt chief justice Thomas Walmsley Esq John Glanville Esq  George Kingsmil Esq justice sir Edward coke Knt attorney general sir Thomas  Fleming KnC solicitor general
case shuttle against wood debt lie in the king bench on a recognizance of bail  take in the commonplea but it shall be discharge if the principal be surrender  in eight day in full term after return of process S c ante S c salk S c holt  debt upon a recognizance give in commonplea bring in this court modern er p  Raymond move to have the action discharge for that the defendant bad surrender  the principal even before the action commence and now by a rule of court rule  Trinity term queen whether salk a here if debt be bring upon a recognizance of  this court the defendant have eight day in full term to render the principal  whereby defendant have now equal advantage in the case of debt and to know  facias upon a recognizance do you answer that though that be a rule in this  court yet there be no such rule in the commonplea and this be upon a  recognizance of the commonplea we must do in it as will be do there if the  action be bring there the whole court say that he shall have the same sauce  here as in the common plea former they will not suffer a action upon a  recognizance in this court because of the great modern mischief it will be to  a defendant than a to know facias but sure the action be always well  maintainable and our rule be in avoidance of that mischief Raymond be direct  to inquire how the course of commonplea be for they must guide themselves  thereby here in this case per curian ancient there can be no proceed on a  bailbond until the next term and it be a great grievance to put it in suit  until after a convenient time though it be otherwise practice in the  commonplea by the atorneys mere to make work for themselves
case Shuttleworth against Patterson a writ of enquiry be good although the  word et habeas there hoc breve be omit this be a motion to set aside a writ of  enquiry for want of these word et habeas there hoc breve the court it be well  enough there be a know difference between original and judicial writ and that  defect in form will abate the former but defect in substance only can the  latter it be thus resolve in blackmore case the substance of the writ be only  to command the sheriff to take a inquisition and the word omit be pure  directory to the sheriff because without return the writ it can appear to the  court that he have a authority to take the inquisition and if the writ be  return as here it be all the end of those word now omit be effectual answer  beside a command to return the inquisition be virtual and consequential a  command to return the writ because the inquisition can be return to any  purpose unless the writ be so too for it can otherwise appear that it be a  return to the writ or that the sheriff have any authority for take the  inquisition the word si Himself to see to extricate be leave out in to know  facias yet modern report it be hold good for the very same reason videlicet be  a judicial writ which shall not be abate for want of form
case SHYFIELD against BARNFIELD a bailiff can wage his law a receiver may ante    light a Mod Bac ab salk account against the defendant as bailiff of certain  good to merchandise to which the defendant tender his law the court say that  it have be oftentimes adjudge here and in the queen bench that a bailiff can  wage his law but a receiver may whereupon he plead to issue
case SIBBORD against quin in what case the court of king bench retain its  jurisdiction against a inferior court action on the case the first count be  for money have and receive and the second on a account state plea to the  jurisdiction of the court that the defendant be agent under the plaintiff who  be a colonel of a regiment and that the money be due as such for matter  concern the army that by the statute Geo oh process shall issue touch such  account until commissioner have determine it demurrer and joinder there be  several exception to the plea that it be a plea to the jurisdiction ought to  be certain to every intent and this only be concern the army but do not aver  that it be such a debt as the commissioner have a power to state and determine  they do not show any commissioner appoint and this term Pratt chief justice  give the resolution of the court that they be all of opinion that the plea be  not good and they must answer over if the plea be commence when we have no  jurisdiction though the jurisdiction have again arise by the expiration of the  temporary authority of the commissioner yet we shall have no jurisdiction for  the first process fail all that follow fail
case Sibley against Crawley if a consultation he undue obtain as on proceed by  bill in equity a second prohibition may he award ante Inst Brownl Leon Bulst  cro car yely Bac ab prohibition for tithe the defendant show that before that  time the plaintiff have sue in chancery to stay it by English bill and  afterward bring a prohibition there and a consultation be there grant and that  this prohibition be for the same cause videlicet for matter of discharge  wherefore he pray a consultation upon the Edward c which be that consultation  be once duly grant there shall not he another prohibition but the court hold  that this joi sultation be not duly grant accord to the intent of the statute  because the prohibition be not duly grantable there and so out of the statute  for it be not duly grant upon a English bill and by Popham the statute be to  be intend where the consultation be grant upon the examination of the matter  and not for the insufficiency of the proceed quod to be concession whereupon  it be award that the prohibition shall stand
case SICKLEMORE against simonds debt or covenant will lie for rend reserve  upon a lease roll Abr Leon dougl to Rep debt the case be that the plaintiff  let to the defendant by indenture certain land for year and the lessee  covenant to pay for the first year six pound and afterward eight pound for  every year and for the eight pound be arrear bring debC alud it be demurrer  whether this action or a action of covenant shall have be bring and without  argument it be adjudge that the plaintiff may at his election bring either of  they for both be maintainable
case SIDNAM against Worthington assumpsit will lie on a subsequent promise for  money pay as surety in consequence of a precedent request although the  consideration be execute post Yelv cro James dyer Ro ab assumpsit and declare  that whereas one Hulledge be sue in the queen bench by cheek and the plaintiff  at the instance of the defendant hecame surety for he that cheek recover and  have execution against the plaintiff the defendant afterward promise the  plaintiff that if hulled e do do pay the money which the plaintiff have pay to  cheek that the defendant will pay it a and aver that Hulledge do not pay it  nor the defendant upon request c upon the first motion Wyndham and Anderson  hold the action do not lie because the promise be not make at the time of the  request Anderson say that if I promise one that have serve I I will give he  ten pound it be naked bargain periam and Rhodes contra Rhodes say in the case  put by Anderson if I require one to serve I and he do so for one year and  after the year I promise he in consideration he have serve I to give he ten  pound a action lie but if one agree to serve I for a year for twenty shilling  for his wage and after the year I pay he the twenty shilling and in  consideration of his service do promise to give he a twenty shilling more this  be no consideration the principal case be move again at another day all the  court hold it a good consideration by reason of the request precedent and the  plaintiff have judgement a by car c where a man undertake to answer for the  debt default or miscarriage of another no verbal promise shall he sufficient  to ground a action on but some note or memorandum of it shall he make in write  and sign by the party to he charge with it croak Elizabeth er p cro Elizabeth  michaelmas term and Elizabeth inv b
case SILIARD against Cox if a man who have house in different diocese die in  one that entitle the ordinary of it to grant administration if he have not  good notabilia a assumpsit be bring by a administrator a plea in bar that the  intestate die at such a place in another diocese than that from who ordinary  the administration be commit to plaintiff and be inhabitant there at the time  of his death upon demurrer judgement for defendant for if a man have two house  in diverse diocese his die in one of they without good notabilia in the other  entitle the ordinary of that diocese to administration otherwise if he be on a  journey and so die
case simmons against sweet a magistrate may bind to good hehaviour a person  who abuse he but he can imprison except while in the duty of his office post  more   roll ab Ha wonder salk I strange Com of Bac Abr wood Inst ld raym false  imprisonment the defendant justify because the plaintiff say to I S that the  mayor of barstable be a fool which the mayor hear of command the defendant be  a officer c to imprison he upon demurrer it be adjudge no plea but for such  word he may have bind he to his good hehaviour but be not to imprison he yet  if the mayor have be in public place of justice and he have call he by such  opprobrious word he may imprison he
case Simms against peters variance between writ of error and the record Mr  Eyre solicitor general move to quash a writ of error for a variance in set out  the record the writ mention only three defendant whereas in the record in the  court of common plea there be five modern report holt chief justice think it  well because the rest be acquit there be no need to name they in the writ of  error Powell justice be of the contrary opinion Adjournatur but afterward  absent holt chief justice the writ be quash per curian modern report er p at  the sit after trinity term the eight of queen whether at guildhall before sir  John holt Knt chief justice of the court of queen bench
case Simms against Westcott in a assumpsit upon several promise if the jury  find only one of they the action can be maintain b r h Cowper dougl t Rep post  ante assumpsit the plaintiff declare that in consideration that he at the  request of the defendant shall marry Elizaheth the daughter of the defendant  he assume to pay he S d after marriage when require and shall have all the  hemp grow upon such land and will give he a head and diverse other thing there  express and allege in facto that he have marry the say Elizaheth and the  defendant have not pay the S d nor any of the other thing the defendant plead  a special plea and traverse the do not assume modus form the jury find he  assume to pay S d but do not assume any of the other thing and I move that the  verdict be find for the defendant for when the plaintiff declare of a  assumpsit to do diverse thing and the jury find he assume to do only one of  psalm they the plaintiff have fail in the assumpsit for he ought to show the  truth of his case and not to var from it and so be the opinion of Wray that  schute and Clench gawdy contra and cite Henry Br verdict but Wray say that  book be no law and the contrary have been adjudge in this court afterward  gawdy be absent it be adjudge for the defendant but the court allow he no cost  for Wray say that be in their discretion croak Elizabeth er p
case simon MUSCOT against ballet Hilary term James roll Huntingdon to a  covenant that he be seize in fee a breach assign general that he be not seize  in fee be good but if bad the plea of non be factum will cure it ante post  roll Rep hob fort   raym cro car Mod sheep touch Cowp covenant for that the  defendant by indenture demise to the plaintiff a message and certain land at  Clerkenwell in the county of Middlesex for sixty year and covenant that he be  then lawful seize in fee of a indefeasible estate et to say in facto that at  the time of make the indenture he be not lawful seize in fee and so he have  not perform the say covenant c croak throw the defendant plead non be factum  and it be find against he and damage four hundred pound it be move in arrest  of judgement that the declaration be not good because the breach be too  general not show that any other be seize nor any cause why the defendant be  not seize say non allocatur because as the covenant be general so the breach  may be assign general especial as this case be where the defendant have make  the declaration good by plead non be factum so he allow of the breach if it  have be his deed wherefore it be adjudge for the plaintiff vide   salmon v  Bradshaw Edward pl a see Geo c croak James er p
case simonds against lawnd a surrender who reenter for a condition break shall  he reinstate in his former estate   light roll ab wood con pale yellow ten Bac  Abr term Rep trespass the jury find a special verdict that r lawnd father of  the defendant be a copyholder of the land in fee and surrender it to the use  of the defendant in fee upon condition he shall perform the covenant in such a  indenture the defendant after admittance surrender the land to the use of the  plaintiff in fee upon condition if the defendant pay ten pound the surrender  to he void the defendant neither pay the ten pound nor perform the covenant in  the indenture the father enter and die seize and it descend to the defendant  and he enter upon who the plaintiff enter the question be if this entry be  lawful?And adjudge it be not for by the entry of the father both the sur a see  James c b scovel v cable more croak Elizabeth er p render be defeat so the  defendant man confess and avoid what be do to the that plaintiff and it be  adjudge for the defendant
case simonds against MEWDESWORTH Hilary term car roll a agreement make between  debtor and his creditor to assure land and assign good to trustee to be sell  for their benefit and the produce divide among they can be plead in bar to a  action of debt on bind bring by one of the creditor though he be a party to  the agreement and the land be sell by the trustee ante I roll Leon cro James    dyer Plowd raym Mod keb strange dougl term Rep see the case of Heathcote v  Cruikshanks term Rep and term Rep term Rep debt upon a obligation quint of the  eighth month Decimus seven James of three hundred pound condition for the  payment of two hundred and ninety pound in April follow the defendant plead  that in December Decimus seven James by indenture it be agree betwixt the  plaintiff and diverse other creditor of the defendant to who the defendant be  indebt in diverse and several sum of money particular mention that the  defendant by indenture of bargain and sale shall assure diverse land in the  county of Lincoln to nine of the creditor to be sell by they and the money to  be pay among the creditor and assign to they a lease for year of the custom of  wine and certain other sum of money which the say creditor by the say  indenture accept and allege in fact that he by indenture bargain and sell the  say land to the say nine person and make a letter of attorney to receive the  sum of money the plaintiff thereupon demurrer because that the indenture find  in nature of a covenant and if so it shall not be in satisfaction be in itself  do satisfaction nor pleadable in satisfaction of that debt also admit it have  be a good satisfaction if perform yet part thereof not be perform it be clear  no bar to this action whereupon it be adjudge for the plaintiff for agreement  without satisfaction be to no purpose
case Simons against wenlock the devise of part of the rend of a lease commence  in going to be to a superstitious use be not within the I Edward c ld ray  replevin the case be one have a lease of two grange for eighty year and take a  second lease of they for ninety year to begin after the expiration of the  first lease afterward in Henry he devise all his lease to the churchwarden of  such a church pay annuity to the abbot of d and his successor five pound and  give yearly to a priest to sing for his soul five pound and further will that  when the priest die his son shall have the nomination of another and that his  son shall have the let and set of the land One cum omniks adj exceplis  redditibusprcedictis and die the rend be employ accord until Edward the first  lease end in Elizabeth all this matter be disclose in bar to the avowry and he  entitle the queen thereto by the Edward c of chantry and that he put in his  hest c and pray aid of the queen and yet derive not any title to himself from  the queen nor as her bailiff nor otherwise a a see Geo c S croak Elizabeth er  p it be thereupon demurrer and all the court hold that this second lease be  not within the statute for that statute give nothing to the king unless it be  convert and employ to superstitious use b and this lease begin not until  Elizabeth so although the first lease be convert this can be convert until it  hegan and so out of the statute it be also out of the statute because nothing  be give and convert but the rend of to the abbot and to the priest and livre  the land itself be not give for the profit of let and set thereof be mited to  his heir and therefore the queen have nothing to meddle with the land and here  the plaintiff shall not have aid from the queen for he be a mere intrudor who  be not Accountable to the queen as Henry wherefore it be award that he shall  answer without aid
case simpson against inhabitant OF penryth c there must be fifteen day between  the testae and the return of a distringa on a noctanter and a defect in this  respect be not amendable distringa for throw down fence c quash because there  be not fifteen day between the testae and return then move to be amend but per  curian all mistake in not follow of instruction be not amendable by the  statute of Henry c but such only as be proper to arise from the direction of  the party as debet et to hold off where it ought not to be be not amendable  the testae of a original be not amendable because it be not form and because  it be not from the instruction of the client but a mistake of the law and deny  to be amend in roll Abr pl a writ of entry test February returnable octabis  pur not amendable a
case Simpson against TITTERELL Michaelmas term pound Elizabeth roll see bastin  v Bidwell Ch d a proviso in a lease with no penalty annex be a condition but  if a penalty he annex it be a covenant ante post I roll ab   light b   b Bac  Abr ejection firm one Hendlows let the land to the defendant for year proviso  always and it be further covenantee that the lessee shall not assign his term  to any other except to the lessor pay as much as another and if the lessor  will not have it that then he may alien it to none except his mother or his  son the lessee assign it to his mother lessor enter and let it to the  plaintiff the question be if the word be a condition or only a covenant and  all the justice hold it be a good condition to defeat the estate for periam  say proviso always imiplieth a condition if there he not word subsequent which  may peradventure change it into a covenant as where there be another penalty  annex to it for nonperformance as Dockwrays case Henry pl but it be a rule in  proviso where the proviso be that the lessee shall perform or not perform a  thing and no penalty to it this be a condition otherwise it be void but if a  penalty be annex aliter be to which the rest of the justice agree and it be  adjudge for the plaintiff that the entry be lawful
case sir anthony BATEMANSCASE a conveyance by a administrator to the niece of  the intestate be fraudulent as against creditor unless it be prove that he  have asset in his hand S C vent post lev show vern Prec in Ch Abr Eq Cas tempt  Talb ld ray comens Peer wms Peer wms Cowp I term Rep brown Chan case in the  trial at bar the son and daughter of sir Anthony Bateman be defendant modern  er p the action be a ejectment the defendant admit the point of sir anthones  bankruptcy but set up a conveyance make by sir Anthony to they for the payment  of fifteen hundred pound apiece be money give to they by their grandfather Mr  Russel to who sir Anthony take out administration state chief justice it be a  voluntary conveyance unless you can prove that sir Anthony have good in his  band of Mr russel at the time of the execute it so they prove that he have and  there be a verdict for the defendant
case sir Caesar child versus gibson June a plea of a former decree to support  a plea of a former decree you must set forth so much of the first bill and  answer as will show the same point be then in issue Lord chancellor the  question in this case be whether this be such a exception as to be a bar to  this new bill every plea that be set up as a bar must be ad idem therefore if  a judgement or decree be plead it must appear to be ad idem now the defendant  shall have set forth so much of the former bill and answer as to have show the  same point be then in issue he have not do this but only plead that a bill be  bring for a account and a decree make for it be extreme hard to say that  because the plaintiff fail in the case which he make on the former account  that now he have make a new case and bring a new bill that he shall not be  allow to go on but be bar by a plea of a former decree in the same matter I  will not say but if a executor have place out asset that be specifical devise  but the court will oblige he to account for the interest he may have make of  those asset but there never be a case in this court where a master be direct  to charge interest upon a executor who make use of asset come to his hand in  the way of his trade vide Adam v gale ante Hicks v Hicks post vol atkins the  bill will to be sure have be more formal bring if it have charge the decree  make in the former cause and not have say only as it do now that it be for a  account but this be mere a matter of form and it will be very hard to allow  this plea for a defect in form in the bill and turn the plaintiff quite round  by dismiss this bill and oblige he to bring a new case therefore I think the  justice of the case will be to let the plea stand to so much of the bill as  seek a general account of the personal estate and as to all matter in the bill  relative to demand of interest let the plea stand for a answer with liberty  for the plaintiff to except
case sir cecil against other OF the town OF nottingham whether a attachment  may be serve on Sunday the question be whether serve a attachment for contempt  on Sunday be within the statute car c S the word of which be that no person or  person upon the lord day shall serve or execute any writ process warrant order  judgement or decree except in case of treason felony or breach of the peace  holt chief justice suppose it be a warrant to take for forgery perjury c shall  it not be serve on Sunday and shall not any process at the king suit be serve  on Sunday sure the lord day ought not to be a sanctuary for malefactor and  this here partake of the nature of process upon a indictment but curian  advisare vult a holt chief justice upon a attachment one be only to answer  interrogatory and if he can swear off the contempt he be discharge holt chief  justice ignorance of the law can be plead in justification of a act against  law but may be offer in mitigation
case sir christopher blunt case grand jury must he freeholder but to what  amount be uncertain   light a roll ab cro James hale Bl Com Bac Abr Hawkins in  a information upon a intrusion by the queen against sir Christopher blunt a  juror be challenge for nonsufficiency of freehold and by the examination of  the a ante croak Elizabeth er p juror it appear that he have freehold of the  value only of fifteen shilling per annum yet it be rule by the court that he  have sufficient to pass on that jury for at the commonlaw if a juror have any  freehold it be sufficient but by the I Henry c he ought to have forty shilling  per annum and by the Elizabeth c he ought to have four pound per annum where  the damage exceed forty mark per annum but the statute speak only hetween  party and party which extend not to the queen wherefore the juror be swear but  it be rule that he ought to have some freehold and therefore one who have not  any freehold be there challenge and withdraw see also will mary c will c and  Geo c S Geo c S
case sir christopher HEYDONS case Trinity term Elizabeth roll a to know facias  against the heir and his terretenants be good on a judgement in debt against  the ancestor cro car to know facias upon a judgement in debt against sir  William Heydon be sue against sir Christ topherHeydon and his terretenants sir  Christopher Heydon and four other be teiretenants return and thereupon sir  Christopher plead that he be son and heir of sir William and plead in  abatement of the writ because a to know facias be not sue against he as heir  pretend that of to know facias shall issue first against he as heir before the  writ shall issue against the terretenants and the whole court hold the plea to  he ill and the writ be adjudge good
case sir christopher Hilliard against constable he be a bloodsucker and suck  blood be not actionable though speak of a justice of the peace will Bl Rep  action for these word sir Christopher Hilliard be a bloodsucker and suck blood  but if any man will give he a bribe as sheep or a couple of capon he will take  they upon not guilty plead it be find not guilty as to all the word except he  be a bloodsucker and suck blood and for they he be find guilty the opinion of  the court be upon motion in arrest of judgement that the last word not be find  a action do not lie for the first for though he allege in his declaration that  he be a justice of peace and one of the council in the north yet the first  word can be any slander for it can be intend what blood he suck and by the  advice of the great part of all the justice of England it be adjudge for the  defendant a
case sir christopher Hilliard against constable vide ante page case he be a  bloodsucker and suck other blood be not actionable though speak of a justice  of peace SC ante roll ab more will Bl Rep action for word be now move again  gawdy and Fenner hold that for the word he be a bloodsucker and suck other  blood for all the other word all the justice agree that they be not actionable  the action lie not for they be not word which of themselves import any  defamation for it be usual when a justice of peace pursue offender and do his  office to call he bloodsucker and it I not any slander unto he and may he take  in some good sense in execute his office and not in evil parten that he be a  bloodsucker in seek murder or otherwise Popbam and Clench contra for it shall  he construe accord to the common intendment of the word which be always in  malampartem and to suck blood be to take blood unjust from a person wherefore  c afterward the same term at sergeant inn before all the justice of England  there assemble this case be move and the great part of they resolve that the  action lie not but I hear not their particular reason wherefore the next day  by the assent of Popham and Clench it be command that judgement shall he enter  for the defendant a salmon case   croak Elizabeth er p
case sir christopher Hilliard against REDNER the omission of name the  plaintiff as executor in the warrant of attorney may be amend by Henry c post  roll ab strange dougl note b dougl term Rep sir Christopher Hilliard executor  of sir Christopher Hilliard bring debt against Redner as son and heir of  Redner and recover by default in the common plea error be bring be assign  because there want a warrant of attorney for the plaintiff and the warrant of  attorney be certify in this manner Christoph Hilliard mile poor Lord his I S  attornatum suum versus John Redner and it be move that this be not any  sufficient warrant of attorney because he be not name executor c but it be  hold that it be well amendable and it shall be intend to be in this action  because there be not any other action depend wherefore it be award to be amend  and the judgement be affirm vide Henry c Elizabeth c James c and whether c and  Geo c
case sir edmund button against Awdley judgement of outlawry must be by the  coroner roll ab term Rep error to reverse a outlawry the error assign for that  the outlawry be in Sussex the outlawry be return after the quint drive out  therefore utlagatus be and do not say per judgment crowner and for this cause  it be reverse
case sir edward clear against parker see the case cro Elizabeth if a feoff be  make to a person for such estate as shall be limit by the will of the feoff  the devisee take by the feoff and the will be only a direction to the use SC  cro Elizabeth SC   SC   light b b SC more Powel on power brown parliament case  term Rep this case be now move again and adjudge upon the matter in law for  the defendant in the writ of error that the first judgement shall be affirm  coke attorneygeneral be present say that Hussey case in the exchequer after  argument be adjudge accord that it shall not enure by way of devise but as a  limitation upon the former feoff for otherwise the will shall be utter void  croak James er p
case sir edward denny against EAKENSTALL Hilary term Elizabeth roll the glebe  of a archdeaconry be not any part of the possession of the bishopric and a  lease by the archdeacon make before Elizabeth will bind his successor though  it he not confirm by the bishop until after Elizabeth c ante a ante croak  Elizabeth er p more   light b   cro car cro James Bac ab ejection firmce upon  a special verdict it be find that the archdeacon of Ely have the parsonage of  Haddon appropriate to his archdeaconry year Elizabeth let the land in and  scion be parcel of his glebe for fifty year the bishop of Ely be patron of  that archdeaconry and the dean and chapter of Ely anw Elizabeth confirm that  lease the archdeacon die the bishop collate to that archdeaconry I S who enter  and let the lie to the plaintiff el si c the first question move be whether  this confirmation by the bishop he not voidby the statute of Elizabeth c which  make all grant and assurance c by a bishop more than estate for twentyone year  or three life to he void et sisic the lease make by the archdeacon be void  against his successor but all the court hold that the statute do not extend  thereto for that statute be intend of grant of land tenement and hereditament  parcel of the possession of the bishopric c but here the confirmation passes  not any estate but it be a assent only to the lease of the possession of the  archdeaconry and not of the bishopric for it be not the alienation of the  patron and therefore not within the statute but otherwise it be where a bishop  be seize and confirm it to the seize wherefore c second it be move that this  lease be void by the statute of Elizabeth for the confirmation after the  statute shall notbind the successor although the lease make before the statute  shall bind he who make it but the court thereto deliver not any opinion say  adjournatur
case sir edward duncomb case distinguish Arnold v Holbrook lr Q b the owner of  the land over which there be a open road may enclose the land but he must  leave a sufficient way and repair it at his own charge ante roll ab Jones ass  side sand ld raym Com dig dougl hawk p c say vide burr to contra sir Edward  Duncomb be indict for that there be a ancient highway in Batlesdon he have  enclose his land on both side thereof whereby he have straiten it and the way  be become lutosa et founderosa whereas by the law of the land he ought to have  make it a sufficient way upon not guilty plead it appear on evidence to the  jury at the bar to be a way betwixt two land end in the common field and that  it be but four yard wide but it be prove that although he have make a causeway  reasonable good at his own charge for horseman yet cart and coach may not pass  nor can meet for the straitness thereof nor may go beside the way and although  it be also prove that by this charge he have make it better than it be before  yet because he have make the hedge and the enclosure in that manner he at his  peril ought to maintain the way and whereas before the parish be Chargeable  with the reparation now a hawk p c ch S Bac Abr a see Henry c Ann c Geo c and  Geo c hawk p c ch croak car er p by this enclosure he be bind to repair it and  make it a good way and maintain it at his own charge and peril only Noy  attorneygeneral say it be so resolve in James and James upon conference with  all the justice of England which Richardson chief justice affirm
case sir edward seymour case the plaintiff in ejectment may give parole  evidence of the content of a deed in the hand of the defendant after notice  and refusal to produce it in a trial of ejectment between sir Edward Seymour  and his motherinlaw the court allow the content of a deed to be give in  evidence by witness nay witness who put the content of the deed in write upon  memory four or five day after read the deed the court seem of opinion that in  case a deed be lose by some inevitable accident that there it may be prove by  a copy but in case there be no copy the content of it can not be prove from  the memory of those that know the deed and though it be hard for a man that  have no copy to lose the benefit of his deed yet the inconvenience of admit  that sort of evidence will be great but here the opinion of the court be find  upon a particular reason for the deed by which the plaintiff be to prove his  title be not lose but prove to be in the hand of the defendant so that in this  case the danger of allow this sort of evidence be none at all for if the  defendant be wrong by the parole evidence it be in his power to set all right  by produce the deed modern report trinity term the nine of queen whether in  the queen bench sir Thomas Parker Knt chief justice sir John Powell Knt sir  Littleton powys Knt sir Robert Eyre Knt justice sir James Montague Knt  attorney general sir Robert Raymond Knt solicitor general
case sir edward smith versus AYKWELL the same day in Michaelmas term the  plaintiff give the defendant a note for pound for undertake to procure he a  marriage with a lady the fact be support by a affidavit the court make a order  on the defendant to keep the note in his own possession and not assign or  endorse it over but will not extend the injunction so far as to prevent he  from proceed at law Mr York move for a injunction to restrain the defendant  either from bring a action on a promissory note give by the plaintiff to the  defendant in the sum of two thousand pound for undertake to procure he a  marriage with a lady or that the defendant may be prevent from assign it over  to any other person Lord chancellor this be not the common case for injunction  which be for stay of waste or quiet possession before the hear to the party  who have have the same three year on a bill bring upon a forcible entry but  yet the court on extraordinary circumstance in a case have grant a injunction  till appearance and come in of the answer as in the case of powis versus  Andrews before Lord king where a insolvent executor be get in the asset before  probate there the court restrain he and direct it to be pay into the bank till  answer and further order vide Phipps v steward ante atk and find their  direction on a case of a like nature before Lord Harcourt which be the first  instance and approve and applaud by every body the case of powis versus  Andrews go up Piliewise into the house of lord and be affirm bro par can and  Edward here it be not only charge by the bill to be a marriagebrocage  agreement vide Robert v Robert p W b t the fact support by a affidavit and  therefore I will make a order on the defendant to keep f note in his own  possession and not assign or endorse it over to any person whatever but shall  not extend the injunction so far as to prevent he from proceed at law atkins  er p
case sir Francis Duncombe case in what case a writ of error shall be a  supersedeas S C vent ante roll raym vent side lev Mod Leon bunb see James c  cro James burr car c car c term Rep term Rep it be hold that if a writ of  error abate in parliament or the like and another writ of error be bring in  the same court it be no supersedeas but if the first writ of error be in the  exchequer Chamber c and then a writ be bring in parliament c it be a  supersedeas by the opinion of all the judge against Lord coke vide Haydon v  Godsalve cro James modern er p
case sir Francis fortescue against Markham easter term James roll appearance  cure a misnomer and improper addition ante roll Rep roll ab cro car to Rep  error of a judgement give in a assumpsit the error assign be that he the now  plaintiff at the time of the say Markham bring his action against he be and  yet be a knight of the bath in which case the then plaintiff ought to have  bring his bill against he by the name of Francis fortescue knight if the bath  and not by the name of knight and baronet but forasmuch as he have appear to  that name and plead thereto he have conclude himself and so the judgement be  affirm by seven justice at sergeantsinn in fleet street
case sir Francis knowls against BECKINSAW if the habeas corpora misrecite the  venire facias it be error not aid by verdict post roll ab cro car side vent  Com dig hawk p c error of a judgement in the common plea in a action of trover  the error assign be for that the action be bring in the time of queen  Elizabeth and the party then at issue and a venire facias return afterward in  this king time a habeas corpora be award with a tale which recite quod to have  corpora jurator summon in curian recently regin  And because the juror be  never say to be summon in curian queen for the venire facias be the first  process which be not alley summons it be therefore for this cause hold to be  error and the judgement reverse although this error be in judicial process and  it be not aid by the statute of Jeofails Henry c nor Elizabeth c a for the one  process ought to warrant the other which be not do here for it can warrant  this tale wherefore it be reverse
case sir Francis leak against jane eire Trinity term James Ro j without  hindrance huge be of the same effect as without action of attacking huge roll  ab   b cro car latch   light a   Ent hob vern Eq Cas atk in waste upon  demurrer the case be that one make a lease for year by indenture of a house  and land with housebote and haybote without hindrance huge the defendant plead  this lease in bar it be thereupon demurrer and adjudge for the defendant for  without hindrance huge be all one with without action of attacking huge for  the proper word be hindrance and impeditio and action of attacking be but a  corruption and that the word without hindrance huge do extend not only to  housebote and haybote as some will have it but to the entire sentence
case sir Francis vinncent against LESNEY trespass will lie for kill a hawk  without specify the species or show that it be reclaim but in trover this must  be show post f n b dyer   Lut lev lev raym salk hob cro Elizabeth cro James  Carth trespass for that the defendant hawk Self francisci percussi with his  staff upon which stroke the hawk die the defendant plead not guilty and it be  find for the plaintiff and damage assess to six pound it be now move in arrest  of judgement that the declaration be not good because he do not show what kind  of hawk she be as goshawk lawner c for accipiter be the genus and in the  declaration he ought to show the species thereof and it be here too incertain  and compare it to platers case a where in trespass quare enclosed space to  break in pieces et pisces to take in hand c the declaration be ill because he  show not their croak car number and kind as carp tenches c say non allocatur  for here declare quod hawk Self francisci c be but one be sufficient and not  like to platers case which be altogether incertain and this case be the strong  because it be after verdict which have find he guilty of kill of the plaintiff  hawk second it be allege that the declaration be not good because it be say  hawk Self francisci and he do not show that she be reclaim for a hawk be ferae  nature and if not reclaim the plaintiff can have any property in her nor can  she be say to be Self francisci and to confirm this Spencer case be cite a but  the court hold the declaration to be good enough be in a action of trespass  for strike and kill c which he only may have who have the possession and it  differ from Spencer case for there it be a action of trover and conversion  which lie not but of a hawk reclaim and which may be know by her vervels a   a  dyer croak car er p bell or by some other mark whereby notice can be take of  her owner whereupon it be adjudge for the plaintiff
case sir george Chidley ux versus lee disapprove wood v Briant atk see also  Plunkett v Lewis hare Cf in re law Ch d Eq Abr c S C e contra vern atk a  legacy of pound give by a collateral ancestor to the daughter of a which be  pay a and who after give her pound portion settle a church lease on her and  maintain her and her husband year yet hold no satisfaction Mr lee be father to  the plaintiff wife and have in his hand a legacy of pound which have be give  her by a collateral ancestor on her marriage with the plaintiff the defendant  her father give her pound portion and after settle a church lease on the  plaintiff and maintain they or year at his own house and no notice be ever  take of the legacy nor for aught appear do the husband know any thing of it  yet after some difference between they and a bill bring the legacy be decree  with interest and cost and the master of the roll say be can not discharge it  though he dislike the suit Lord Hardwicke in the decision of wood v Briant atk  observe that this be a hard case and that he shall have be incline to have  determine it otherwise
case sir george Fermor against brook a prescription that the inhabitant of  such a will in a manor shall not bake elsewhere than at a particular bakehouse  in the same town will be good roll Abr   b Leon owe con strange Bac Abr Cowp  dougl action upon the case for erect a bakehouse in Tossiter and declare that  whereas time out of mind c there have been a manor call Tossiter in the same  county and for the same time there have been a town of Tossiter and that all  the land within the say town of Tossiter have been hold of the say manor of  which he be lord and that he and all his ancestor and all those who estate c  have use to have a bakehouse and a baker there to bake whitebread and  horsebread for all the a Plowd croak Elizabeth er p inhabitant there and  stranger passenger and that none by the say time c have use to have a  bakehouse there but by their appointment yet the defendant have erect a  bakehouse there adnocumentum suum the defendant take all by protestation  except that he confess that there be such a town and plead that at the time  when he erect his bakehouse that there be three baker there and that he be a  apprentice to the trade and that he set up the bakehouse for the benefit of  all person as it be lawful for he to do and upon this plea the plaintiff  demurrer and it be argue by Francis Morgan for the plaintiff and Buckley for  the defendant and it be adjudge for the croak Elizabeth plaintiff for the  custom be hetween the lord and his tenant which by indenture may have a good  and lawful beginning and peradventure their land we re give to they upon this  coned ition and it be reasonable that the lord maintain a bakehouse that for  this charge they shall have reasonable recompense and the plaintiff have  judgement videl   b
case sir george take case a declaration in assumpsit that the plaintiff  deliver the defendant a note and that in consideration thereof he promise to  pay c be good SC ld ray assumpsit the plaintiff declare that he be possess of  a note of the defendant by which the defendant promise to pay he so much money  that the defendant in consideration the plaintiff will deliver he the say note  promise to pay he the money that he thereupon deliver he the note and verdict  it be move in arrest of judgement that here be no consideration for it do not  appear what the modern consideration of the note be and if the note be without  consideration the delivery of it up can be one see palmer sand a but per  curian the delivery of the note be say indefinite it shall be intend a  delivery for ever and though a note for the payment of money do not carry a  consideration in itself yet it be evidence of a debt and by consequence a mean  whereby he may recover his money by whether c action may now be maintain on  promissory note in the same manner as on inland bill of exchange b and the  part therewith be a consideration and the defendant have admit it to be upon  consideration by demand it to be deliver and if the case have be that this  have be the note of I S for payment of money to I n and I d in consideration  that I n will deliver the note to he have promise to pay he it have be a good  consideration for it be not necessary that the matter of the consideration  shall be of advantage to the defendant so it be any trouble or disadvantage to  the plaintiff judgement be give for the plaintiff
case sir gervase CLYFTON against web Hilary term pound Elizabeth roll a  sheriff may take a bind from one surety only therefore if he take it of two  and one have nothing in the county yet it be good for it be at his peril ante  post cro car Mod salk impey Sher debt upon a obligation make unto he as  sheriff of the county of Cambridge condition for the appearance of one arrest  upon a capias the defendant plead that the plaintiff take the obligation of he  and a stranger and the stranger have nothing and do not inhabit within the say  county and plead the Henry c and pretend that for this cause the obligation be  void it be thereupon demurrer and after argument it be resolve that the  obligation be good for the statute have two part the one for the benefit of  the sheriff videlicet that he shall take obligation with surety which be for  his indemnity that if he he amerce for nonappearance of the party that he  shall have his remedy and the statute prescrihes the form videlicet that it  shall he make unto he by the name of his office and with a condition that the  party shall appear at the day c and it prescribe that if the obligation he  make in any other form it shall he void and this clause be for the benefit of  the party that the sheriff under colour of his office shall not oppress the  party to makehim any other manner of obligation so as the statute make the  obligation void only for not pursue of the form presrcibed in the manner  thereof but not in the matter thereof and that be for his own indemnity which  he may relinquish if he please and it be nothing to the party plaintiff or  defendant for if he after he have take the obligation will release it it be  nothing to the plaintiff or the party arrest and it have be adjudge in the  case of sir William Drury a that if a sheriff take a recite   b croak  Elizabeth er p a obligation with one surety only it be good enough and not  void by the statute wherefore it be adjudge for the plaintiff
case sir henry Bellasis against Hanford where a defendant be nonsuit for not  prosecute his writ of error on a judgement against he he may be charge in  execution without a to know facias though the year be expire before error  bring SC roll Rep roll Abr cro Elizabeth see Mickel v cue burr Yelv Leon      light Carth Mod Mod salk ld raym Bac Abr action for word the plaintiff have  judgement in Michaelmas term James and no process of execution be sue out in  the year follow but afterward videlicet November James Hanford bring a writ of  error returnable in the exchequer Chamber the record be remove the plaintiff  pray a day to assign error and at the day appoint do not assign any but be  nonsuit for not prosecute and the record remand hither in the James this term  Hanford be itnprisoned for other cause it be move that he shall be in  execution for this cause and although the year and day be pass after the  judgement so as the plaintiff be put to his to know facias to have execution  yet forasmuch as the defendant have bring a writ of error Mann the  prothonotary say that he himself have thereby renew the record and the record  be remand the plaintiff croak throw shall have execution without a to know  facias and so all the precedent warrant it wherefore upon his report that the  course of the court be so rule be enter that he shall be in execution without  a to know facias croak James er p
case sir henry ferrers case the addition of knight instead of baronet to the  name of a defendant be fatal to a indictment and may be plead in abatement  ante Jones cro James vent Mod Mod ld ray stram hawk p c   light b note if a  officer be kill in attempt to arrest a b baronet under a warrant against a b  knight it be manslaughter only Jones   a cro James lev potter ld ray hale p c  hawk p c case in crown law d edit sir Henry Ferrer baronet be indict by the  name of sir Henry Ferrer knight for the murder of one stone who one  nightingale felonious murder and that the say sir Henry be present aid and  abet c sir Henry Ferrer be arraign upon this indictment say that he be never  knight which be confess the indictment be hold not to be sufficient wherefore  he be indict de to make new by the name of sir Henry Ferrer baronet and be  arraign plead not guilty and be try at the bar croak car upon the evidence it  appear that he be arrest for debt and that nightingale his servant in seek to  rescue he as be pretend kill the say stone but because the warrant to arrest  he be by the name of Henry Ferrer knight and he never be a knight it be hold  by all the court that it be a variance in a essential part of the name and  they have no authority by that warrant to arrest sir Henry Ferrer baronet so  it be a ill warrant and the kill of a officer in execute that warrant can be  murder because no good warrant but upon the evidence it appear clear that sir  Henry Ferrer upon the arrest obey and be put into a house before the fight  betwixt the officer and his servant wherefore he be find not guilty of the  murder and manslaughter
case sir henry mildmay case in the exchequer Chamber a administrator shall not  find bail in error on a judgement for a debt of his intestate cro James say  vide lev side keb stram ld raym Com dig Com dig Com dig Mod sir Henry Mildmay  as administrator of sir Thomas Mildmay bring error of a judgement give against  he in debt upon a obligation where plene to manage be plead the question now  be whether it shall be allow without bail upon the statute of James c because  the word of the statute be general in every action but because the plaintiff  bring error only as administrator and the judgement against he be not for his  proper debt or case it be resolve by all the court that he be out of the  intention of the statute although he be within the word it be against reason  that he shall be put to mainprize and make that his proper debt where he bring  only the suit as administrator whereupon it be rule accord that the writ of  error shall be receive and a supersedeas award for the execution without put  in bail and so wright clerk of the error say be the common practice upon that  statute see car c S and and car c S croak car er p
case sir henry roll against bolt and roberts if a person justify trespass as a  servant to a lessee of tithe the lease must be show ante   dyer b   light a  lill Reg style Bac ab salk the lessee of tithe can justify ride on the land to  see what tithe be due quaere trespass for enter into his close averiis  depascend and chase the plaintiff beast in the same close the defendant plead  to all except the enter into the close with two horse and chase the beast  there not guilty and as to the entry and chase he plead that one Richard Lewis  be parson of Kelmarsh within which parish this close lie and that he by write  under his band and seal date such a clay and year let the tithe of the say  close to sir Robert Osborn for three year whereupon they as his servant enter  the say close with their horse et calmly chase the say cattle in the say close  to see what tithe be due for they who be eaden transgression it be hereupon  demurrer first because he justify by virtue of a lease for year of tithe and  show not the deed of the lease and although he justify but as a servant yet  come in by title and in privity he ought to show it as well as the master and  can plead the entry into another soil without make good title thereto which  ought to be by the show of the lease the whole court be of that opinion that  inasmuch as he have not plead by deed here show c that the plea be ill another  reason allege against the plea be because they can justify their ride upon the  land nor chase the cattle up and down to see what tithe be croak James er p  due for there be other mean to come to the knowledge thereof the court do not  thereto deliver any opinion but upon the first exception the plea be adjudge  to be ill and judgement give for the plaintiff
case sir henry SNELGAR against henston one tenant in common may distrain upon  another ante roll ab Perk   light a b Cowp the defendant in replevin can have  return of more cattle than he avow for replevin of the take of four beast the  defendant avow for rend reserve upon a lease for year of the moiety of the  land whereof he be tenant in common with sir Henry Snelgar render one hundred  pound per annum and that this lease be assign to sir Henry Snelgar wherefore  he distrain and it be demurrer whether one tenant in common may distrain upon  the other a and adjudge that it may be where he come in under the lessee and  the distress may be take in any part of the land wherefore the defendant have  return it be then surmise on the defendant part that forty beast be take and  impound and all the forty be not deliver back again and therefore pray that  the sheriff shall make deliverance to he of forty for four beast be not a  sufficient croak throw distress and he have take security of the plaintiff to  prosecute for forty beast take wherefore the sheriff shall deliver all the  beast or his bind to prosecute but the court deny it forasmuch as the  plaintiff have declare but of four beast take and the defendant agree that  four be only take and avow for they he be therefore now without remedy but he  may in his avowry have show that forty beast be take and have avow for all and  pray return of all although the plaintiff have not declare of so many but  because he have not do so he be without remedy to have return of more than he  avow for the take
case sir henry williams case queen if a legacy above l can be sue for in the  march of Wales ante r sir Henry William pray a prohibition to the council of  the march of Wales because he be sue there for a legacy above the value of  fifty pound videlicet sixty pound and it be answer at the bar that their  instruction be to hold plea of legacy of any sum but the court doubt thereof  whether such instruction shall be good to warrant their proceed because cause  testamentary and legacy be suable in the spiritual court and not elsewhere  notwithstanding their instruction for they can warrant that which be not  accord to law and the statute of Henry c warrant that court
case sir huge portman against sir gervase CLIFTON Dedi imply a general  warranty post Vaugh     light a it be hold by the whole court that upon a  warranty against feoff and his heir or I S and his heir or the grandfather or  greatgrandfather of the feoff and his heir no ularrantia ehartce lie unless  that to give away he within the deed which imply a general warranty a if the  fine have be estreated and pay no certiorari will lie to remove the record  term Rep say vide sand Cowp croak Elizabeth er p
case sir james SANDELOW and other against DEVERTON Hilary term James roll in  the exchequer Chamber a writ of error will not lie on a judgement in to know  facias against bail ante post SC hob cro car SC roll Rep SC roll Abr Jones Com  dig salk Mod the bail can bring error of a judgement against the principal sir  James Sandelow and d tenant and I b bring a writ of error against one Deverton  alias forest of a judgement give against sir James Sandelow as principal and  against d tenant and I b as his bail and there be error assign as well in the  principal judgement as in the proceed against the bail upon the to know facias  bring ad to hear wandering the defendant plead in abatement of the writ of  error because the principal and bail can join in a writ of error for the  proceed and judgement against they be several And upon this demurrer the  justice and baron croak James er p without argument hold that this writ of  error lie not for they may not conjoin in any such writ and they hold that the  bail upon the judgement in the to know facias can have a writ of error for it  be out of the statute of Elizabeth c it be also much doubt whether a writ of  error in person thou to sit back can be bring by the principal and it be  afterward resolve that it can not
case sir Jerome horsey against HAGBERTON a commoner can destroy cony burrow  make in the common ante Bulst Mod burr trespass upon demurrer the question be  whether a commoner may cast down and fill up coneyburrow which be make in the  common waste where he be to have common And this be plead in justification and  demurrer thereupon it be resolve and adjudge without argument that the  commoner have not any other interest than to take the common by the feed there  of his cattle and may not destroy the cony nor coneyburrow wherefore without  argument it be adjudge that the plea be not good
case sir Jo Lowther versus carill eoden die in court Lord keeper a agree by  parole with b for a lease which be draw and then peruse and correct by a S  counsel and afterward ingross and execute by b whether this be within the  statute of fraud as to a the defendant have agree to purchase a lease of the  plaintiff the lease be draw and some alteration make in it by the defendant  counsel and it be afterward ingross and send down into the country to the  plaintiff to be execute who accord execute the same but the lease not be  return within the time agree on but keep in the country three month long than  it ought to have be and the defendant upon enquiry find she be to pay too much  for this lease when the deed be return she refuse to accept it or to execute a  counterpart the plaintiff bill be to compel her to it the defendant plead in  bar the act of fraud and perjury and that she have not sign any agreement in  write and for the defendant it be strong insist that by the letter and meaning  of the act of parliament the defendant ought not to be bind by this agreement  she or her agent have not sign the same and though sir Jo Lowther have execute  the lease on his part yet the defendant Vernon chancery case ought not to be  bind the word of the act be that the agreement must be sign by the party that  be to be bind by it Lord keeper order the defendant to answer and to save the  benefit of the plea to the hear without cost Reg lib b fol No subsequent  proceed appear vide dean v izard ante and case cite there Halfpenny v ballett  post vol Hatton v grey Ch can Hawkins v Holmes p wms Stokes v more Cox Shippey  v Derrison Esp n p c
case sir John Ashburnham against lord saint John if tenant in tail acknowledge  a statute and die and the conusee sue execution against the heir he may avoid  it either by assize or by a hearing complaint post roll ab roll ab hob side  march Bac Abr hearing complaint to avoid a extent upon a statute make by the  plaintiff father the extent be in the time of the heir suppose the land to be  entail and so not extendible the defendant take issue that they descend to he  in fee and traverse the tail issue be join thereupon it be find that all be  feesimple except five hundred acre c upon this the plaintiff pray to be  discharge for those five hundred acre and for that the issue which be tender  by the plaintiff be whether all those land be entail it be find in part  against he it be all one as if all have be find against he who tender it and  the find of part to be entail be not material nor shall help he but in this  case the extent be void and he may help himself by entry and have a assize  upon disseizin And all the court hold that the issue ought to be find for the  plaintiff as he have plead in every part otherwise it be find against the  plaintiff in all wherefore it be adjudge that the plaintiff shall take nothing  by his writ
case sir John bret against John cumberland executor of William Cumberland  Trinity term James roll covenant against a lessee for year for not repair a  during the coverture where the reversion be grant to the husband and wife may  be either by the husband alone or joint with his wife ante post roll Rep roll  ab cro car lev Mod Clist Bulst cro Elizabeth Jones more strange Vernon Com dig  term Rep what word amount to a covenant covenant for that queen Elizabeth by  her patent let a house to the say William Cumberland wherein be these word and  the say lessee his executor and assign reparabu house prediction and shall  leave the say house so repair c the queen afterward grant the reversion to the  plaintiff and to his wife and to the heir of the husband in fee and for not  repair the plaintiff bring a action of covenant upon this declaration the  defendant demurrer first because the action be bring by the husband sole where  by his own show the wife have a estate therein as well as the husband second  because they be not the word of covenant of the lessee nor be it the deed of  the lessee a but the court without argument resolve for the plaintiff for the  action be personal and damage only to be recover the husband may have the  action sole or join the wife with he if they please three they hold that these  word in the queen patent amount to a covenant on the part of the lessee and he  accept the lease be bind by that covenant wherefore it be adjudge for the  plaintiff
case sir John carew case a certiorari on a indictment for riot and a can sa on  a judgement in debt go into Wales roll ab cro car Mod vent salk Mod Vaugh sand  lev ray Bl Com say vide saint Edward c Henry c and Henry c Vaugh will cro car  Mod godb roll Rep hawk p c Cowp dougl term Rep term Rep a writ of certiorari  be pray to remove indictment take in Wales of riot and it be grant there be  diverse precedent to that purpose as the clerk of the crown inform the court  Doderidge justice say that if debt be bring against one in London and the  defendant afterward remove and inhabit in Wales a capias ad to give  satisfaction may be award against he into Wales or into any county palatine  and that t e register make mention of a certiorari to remove a record take at  Calais
case sir John cut against bennet letter of administration must be plead with  hic in curian prolata ante post hob Bulst cro Elizabeth dougl note action  bring by a administrator for debt reserve upon a lease for year by the  intestate and for rend arrear in his time the action be bring and he show how  administration be commit by the archbishop but he do not say quod profert hic  in curian litter administration the defendant plead and the issue be find for  the plaintiff it be now move in arrest of judgement that the not show of the  letter of administration be matter of substance which make the declaration  vicious and not aid by the statute of Elizabeth c or Henry c by the verdict  for that enable the plaintiff to his action and the omission thereof take from  the defendant the advantage which he may have by demand oyer thereof and  although it be allege that the defendant may plead non debet and pass over the  advantage by demand oyer thereof and he can not have oyer of they in another  term and therefore it be not so material now as if the defendant have demurrer  yet the court resolve that it be a matter of substance which ought to be show  by the plaintiff to enable himself to his action and the defendant shall have  advantage thereof at any time croak throw wherefore it be adjudge for the  defendant vide Henry pl Edward pl Henry pl Plowd
case sir John cut against John bennet in a action by a administrator the  letter must be plead with a profert ante Sy c hob Douglas note l debt as  administrator of sir John cut his father for rend reserve upon a lease for  year arrear in the life of his father after verdict upon issue de non to hold  off plead it be move that the declaration be not good because he do not say  quod profert hic in curian litter administrat  And because it be matter of  substance to entitle he to the action and not of form only it be therefore  adjudge for the defendant croak throw hilary term James in the king bench sir  Henry Montague Knt chief justice sir John croak Knt sir John Doderidge Knt sir  Robert Houghton Knt justice sir Henry Yelverton Knt attorney general sir  Thomas Coventry Knt solicitor general
case sir John cutler against friend it be actionable to say of a justice of  peace and deputylieutenant of a county he be a papist and a pensioner case in  the court of common plea for slander allege he to be a justice of the peace  and a deputylieutenant the word be he be a papist and a pensioner it be move  in arrest of judgement that the word be not actionable but it be agree that to  say he be a papist convict be actionable because he can be a executor c and it  be actionable though no special damage be lie but papist be not so and it be  clear that pensioner be not actionable unless join with other heighten word  cite cro James roll Abr Leon papist speak of a bishop be actionable because it  touch he in his office but this reach not the plaintiff in his office Knighton  hull Godbolt and Brownl on the other side it be urge that he may be turn out  of his office for be a papist or rather it be inconsistent with his office it  be allege that he be at that time a justice and deputylieutenant and stand for  burgess in parliament when the word be speak and pensioner be with a innuendo  one that will sell his vote for money papist as to point of action be as thief  and though not convict yet he may be justice of the peace be to prevent the  increase of papist and to disarm they therefore to say he be a papist be a  reflection on he in point of his office thing may be actionable at one time  that be not at another as in case of waste of wood repute timber in some place  that be not so in another papist be now more dangerous than former the case of  a bishop and a justice be much the same both be as judge Lord north and  Wyndham hold for the plaintiff the other doubt Adjournatur a shower KB  michaelmas term the thirtysecond of Charles the second in the common plea sir  Francis north Knt chief justice sir Hugh Wyndham Knt sir job Charlton Knt sir  Creswell levinz Knt justice sir Robert sawyer Knt attorney general sir Francis  winnington Knt solicitor general
case sir John Dalston against EYENSTON Tort and contract can be join S c salk  S c Mod S c comb S c salk S c ld ray S c ld ray postea hill will Courtney v  collet vent lev it be move in arrest of judgement that two several action of  different nature be join together videlicet a action on the custom against a  carrier and trover wherein the not guilty be the issue to both yet must be  separate lie as in side and it be adjudge in Michaelmas term after that a  action on a tort and on a contract can be lie together and the judgement be  arrest a
case sir John friar against vernon the court of chancery will not grant a  sequestration of land in Ireland S c case in c S c Peer wms S c Eq ab upon a  motion for a sequestration of the defendant estate in Ireland for a contempt  to this court the master of the roll be of opinion that such sequestration can  not be grant or at least that he will be well advice before he will grant it  for that the process of this court can not affect any land in Ireland the  practice in such case be to make affidavit that the person stand in contempt  be here in England and be afterward take upon process the court will oblige he  to give bail to abide and perform their decree
case sir John Harper against Francis BEAMOND word speak of a justice of peace  impute act which if commit will have render he liable to be fine and put out  of the commission be actionable SC Yelv cro Elizabeth   Com dig fort ld ray  stram action upon the case whereas he be a justice of peace c that the  defendant speak these word of he I be in danger of my life my blood be seek  and I be like to have be murder I be at sir John Harper house and John Harper  innuendo the son of the plaintiff draw I forth to see a gelding in the stable  and then Thomas Beamond sir Henry Beamonds son do throw his dagger at I twice  and thrust I through the breeches twice with his rapier to have kill I all  this be do by the instigation of sir John Harper and I can prove it the  defendant plead not guilty and it be find against he and damage assess to one  hundred pound it be move in arrest of judgement that a action lie not for  these word for he do not charge the plaintiff with any matter of felony but  only a instigation which be neither in the one or other but trespass only for  report whereof no action lie and of that opinion be Popham and Yelverton but  gawdy Fenner and William contra that the action well lie for be lie that he be  a justice of peace c that instigation to do such a outrageous act be against  his oath and a great misdemeanour in he for which he be to be fine and put out  of commission and when he show how he be in danger of his life and like to be  murder and show the manner and conclude that all this be do by the instigation  of sir John Harper this show the false and slanderous accusation of he for  which he be Chargeable wherefore it be adjudge that the action well lie a  adjudge that the grant be good see post croak James er p
case sir John hind cotton and lady cotton versus trefusis in court Lord  chancellor Ant Cas the defendant now show for cause why the decree shall not  be make absolute that he have put in a new answer and the Lord chancellor  allow the cause and say the plaintiff must proceed upon the answer accord to  the rule of the court as in other case Wednesday April the d
case sir John kirle against Osgood to say of a justice of the peace that he be  forswear and not fit to be a justice or to sit upon the bench be actionable  S C vent S C keb S C lev S C side Ro ab n Lutw Mod lev style ld raym stram  stram Mod Mod Mod Mod a action for word videlicet sir John kirle be a forswear  justice and not fit to be a justice of the peace to sit upon the bench and so  I will tell he to his face a see king v berry term Rep a move in arrest of  judgement because to say a man be forswear be not actionable for it may be  understand of swear in common modern discourse modern er p Jones the word be  actionable because apply to his office as in Slukely v Bulhead   and fleetwood  case in Hobart though a man office be not name yet if the word do refer in  themselves or be apply to it they be actionable so in our case winnington they  be not actionable for they admit of a construction in mild sensum in stukely  case that have be cite corruption in his office be necessary imply but not in  this case roll Kelynge chief justice he call he in effect a corrupt justice  and that supply the communication concern his office word must be construe  accord to common acceptation Morton justice I see little difference between  this and sir John Isams case cro car and sir William mass case cro car  Rainsford justice accord he cite roll and   stukely case Twisden justice be of  the same opinion for the word tend to disgrace he in his office judgement for  the plaintiff
case sir John knight case a information lie both at commonlaw and on the  statute Edward c for go arm to the terror of the public SC comb Dalton f n b  Bulst Cromp fitzg Mod ld ray ld ray stram hawk p c hawk p c a information be  exhibit against he by the attorneygeneral upon the statute of Edward c which  prohibit all person from come with force and modern er p arm before the king  justice c and from go or ride arm in affray of peace on pain to forfeit his  armour and suffer imprisonment at the king pleasure this statute be confirm by  that of Richard c with a addition of a further punishment which be to make a  fine to the king the information set forth that the defendant do walk about  the street arm with gun and that he go into the church of saint Michael in  Bristol in the time of divine service with a gun to terrify the king subject  contra form to cause to stand this case be try at the bar and the defendant be  acquit but on the motion of the attorneygeneral he be bind to his good  behaviour a modern the chief justice say that the meaning of the statute of  Edward c be to punish people who go arm to terrify the king subject it be  likewise a great offence at the commonlaw as if the king be not able or  Willing to protect his subject and therefore this Act be but a affirmance of  that law and it have appoint a penalty this court can inflict no other  punishment than what be therein direct hilary term the second and three of  James the second in the king bench sir Edward Herbert Knt chief justice sir  Francis Wythens Knt sir Richard Holloway Knt sir Thomas Powell Knt justice sir  Robert sawyer Knt attorneygeneral sir Thomas powis Knt solicitor general
case sir John osborn versus cowper at the chancellor house Lord chancellor  eoden die if a plea be order to stand for a answer the defendant can move to  dissolve the injunction absolute but only nisi a injunction be grant till  answer and further order the defendant put in a plea which on argue be order  to stand for a answer with liberty to except and the benefit be save to the  hear and the defendant move to dissolve the injunction Lord chancellor you can  only move as on come in of your answer that the injunction may be dissolve  nisi mosely report de term S Michael in cur porter Tuesday October the that
case sir John parrot case a judgement debt can be attach post roll Abr m Leon  Leon I dyer roll Rep Bac Abr dougl coke say it be adjudge in that case that a  debt upon record by recovery or otherwise can be attach by the custom of the  city of London
case sir John peter against knoll trespass may he lie at any day after it be  commit Mod ld ray salk Cowp Heriot service may he seize for or distrain post  bro   light cro car trespass for take a ox may the first and sell it and  convert the money to his own use upon not guilty plead the jury find that the  plaintiff seize the ox as a heriotservice long time before the trespass and  afterward and before the trespass suppose the defendant as executor of I S who  the ox be take it and sell it c and as to that it be find that the trespass be  do before the day which the plaintiff suppose the court hold it not material  for be once a trespass it be always a trespass to the other matter videlicet  whether the lord may seize a heriotservice Wray c j say he may for this be a  service which lie not in render but in prender and the lord be to have the  hest hest and it be at his election which he will take for the hest and it be  inconvenient to put he to distrain when he may seize and say it have be so  adjudge a say vide brown v Daukes ante I contra croak Elizabeth er p
case sir John SOUCHS case reentry for nonpayment of rend to a suspect stranger  without write authority good post more   hob dyer cro James Owen dougl he make  a lease for year render rend and a reentry for non payment and at the day  estranger come to demand the rend the lessee demand of he what authority he  have of the lessor to demand it and because he be a cozen fellow and one that  be notorious infamous and will not show any authority the lessee will not pay  the rend and thereupon the lessor enter and his entry adjudge lawful for a  command to receive rend may he per parols
case sir John THOROWGOODS case indictment for nuisance to the detriment of the  inhabitant be bad S C keb roll pi cro Elizabeth cro James Leon   vent sand Mod  will burr Offley move to quash a indictment of nuisance for stop a watercourse  in Kensington because it run in delrimentum all to dwell in c wile justice I  have know it rule nought for that cause so quash
case sir JOHNSAW against a burgess OF colchester if a person take paper from a  officer while he be take the poll for the election of a new officer a action  on the case will lie for the disturbance this be upon a trial at the bar  wherein the case be this the plaintiff be a sergeant at law and recorder of  Colchester and the defendant resolve to turn he out procure article of  misdemeanour to be draw against he and then all who have liberty to vote  proceed to vote for and against he and a poll be grant to decide the  controversy it not appear upon the view which have the majority of vote but  before the plaintiff have take all the name and while he be take of the poll  the defendant take away the paper and will not suffer he to proceed the jury  give he l damage easter term the twentyninth of Charles the second in the  exchequer sir William Montague Knt chief baron sir Edward turner Knt sir  Edward thurland Knt sir Francis Brarnston Knt baron sir William Jones Knt  attorneygeneral sir Francis winnington Knt solicitor general
case sir lewis mordants case Succession to a peerage tempore parliament do not  determine the office of sheriff post c dig b ab dougl term Rep memorandum he  be sheriff of the county of buck and Hedford Lord mordant his father die that  April tempore parliament it be hold by all the justice and the attorney and  solicitor of the queen that his office by this matter be not determine  although he he now a baron of parliament and that he et remain sheriff ad will  queen dyer manuscript Elizabeth
case sir Matthew mint case a pardon of all felony before such a day with a  special clause not to find surety for good behaviour preclude the liability of  find such security for misdemeanour commit after the day sum cro Elizabeth  hawk p c upon the fourteenth of November sir Matthew mint alias ments knight  of the bath be convict of manslaughter of one week who be his servant by beat  or correct of he whereby he be so bruise that he instant die and have his  clergy and his burn in the hand be respite croak car and now he plead his  pardon whereby the burn in the band for the manslaughter and all other felony  commit by he et alian be injured before the eight of July last be pardon and  there be a special clause that he shall not find surety for his good behaviour  a and the pardon bear date saint October last and although there be diverse  misdemeanour commit by he after the say eight day of July for which he deserve  to be bind to the good behaviour yet he have his pardon allow and be discharge  from find surety c
case sir michel dorm against chamber in debt by a administrator in the common  plea if a blank be leave for the name of the ordinary ill the first  declaration the insertion of it in the second declaration will not cure the  error ante post salk Mod Cowp dougl error of a judgement in the common plea in  debt the error assign for that the plaintiff sue as administrator and in the  first declaration it be not express by who the administration be commit but a  blank be leave therein for the name of the ordinary and the defendant imparle  and after the imparlance the plaintiff declare de to make new as the course be  in the common plea and in that declaration the say fault be amend and the  declaration make perfect and the defendant plead to issue and it be find  against he and judgement give accord Fenner and Yelverton justice hold it to  be error for the first declaration be the material declaration and judgement  be give thereupon the second be but of form and the first be ill be not aid by  the second but if the first be good and the second ill it shall be amend  because it be but the default of the clerk in not make it accord to the former  William justice hold that the second declaration be good the plead be a cro  Elizabeth a vide James c car c and Ann c croak James er p upon it and the  judgement good and the first be as if there have not be any declaration at all  so it be adjudge in this court where the first declaration be in debt upon a  obligation February and the second be upon a obligation date February and the  plead and judgement be thereupon and error thereof bring that it be good and  the judgement affirm for it be hold as a declaration without a original which  be after verdict be aid so here wherefore adjournatur
case sir nicholas Bacon case replevin winch show salk Lord raym Mod replevin  the defendant plead that the property of the hest tempore a deceiving be in  Lord north issue be thereupon join and it be move that this be not any plea  but there shall he a repleader and rule per curian that it be a good plea vide  Henry pl a this case be argue a second time and adjudge that the lease be void  post croak Elizabeth er p
case sir nicholas POYNTSS case a indictment of forcible entry must say adtunc  existent book property of c post   light show salk hawk p c indictment upon  the statute of Henry c suppose that such a day and year he enter with force  and arm into such land existent book property I b and with force he expel and  amoved exception be take because it be not allege adtunc to step out for it  may be that at the time of the indictment it be the freehold of I b but not at  the time of the entry wherefore for this cause it be reverse and in the same  term another indictment in the county of Dorset be discharge for that cause a  ante croak James er p
case sir nicholas Sanderson against Harison to debt on a lease for rend a plea  prescribe to have a common for beast after the corn be reap and allege that  the lessor enclose and thereby extinguish the rend be bad unless it allege  that the common be sow with corn c   a Cowp debt for sixtyseven pound rend  upon a lease for year of land in d and for rend arrear for a year and a half  at the annunciation James he bring the action the defendant plead and confess  the lease and reservation but further plead that the lessor and all those who  estate c have have common in ten acre in Eastfield always for their beast  levant couchant upon the say tenement every year after the corn sow from  August until the corn reap and carry away and that before any rend be due sir  Nicholas Sanderson the lessor enclose the say ten acre wherein he ought to  have have his common with hedge and ditch and eject he so as he may not use  his common and thereby his rend be extinct whereupon it be demurrer first  because this land enclose be not allege to be sow with corn otherwise by his  prescription he be not to have common second because he do not show that he  keep it enclose with force otherwise he may well break the hedge and take his  common three it be move that the allegation wherein it be express that he  enclose the common whereby the rend be extinct be a vain allegation for the  rend be not issue out of the common and so there can be suspension by enclose  the land a c and all the court be of that opinion and that the plea be ill  upon the first exception and therefore adjudge it for the plaintiff a see Geo  c S croak James er p
case sir olive leigh and sir Matthew brown against Bargany in trespass by  jointtenants if one of they die the action shall abate though the party be at  issue but not in quare hinder or hearing complaint   light a   b   b cro car f  n b   b post YelV b r h Com dig Mod Bac Abr trespass for enter into their land  whereof they wear jointtenants with a continuando for diverse day the party be  at issue and sir Matthew brown be slay it be move whether the entire bill  shall abate or that the action shall survive because they be jointtenants and  so the trespass to be punish by the survivor for if two jointtenants be  defendant and the one die it be clear that the action be not go for the action  in itself be joint and several and so of a avowry in a replevin his death  shall not abate the action but all the court hold that in this case the action  be go for on the plaintiff part if one die all the writ or bill shall abate  unless it be in case of necessity as in a quare hinder where the six month  peradventure may be pass so as if the bill croak James er p shall abate the  action fail so of hearing complaint by two the death of the one shall not  abate the suit because it be in discharge a
case sir osborn RANSagainst trip the court will grant a new trial if the judge  who try the cause be dissatisfy with the verdict S C salk the plaintiff be a  tobacconist and live near guildhall London he marry the daughter of the  defendant who be ail alderman in hull and have four hundred pound portion with  her after the marriage the defendant speak merry before three witness that if  his soninlaw will procure himself to be knight so that his daughter may be a  lady he will then give he two thousand pound more and will pay one thousand  pound part thereof present upon such knighthood and the other one thousand  pound within a year after it be intend when the plaintiff shall by his trade  get a estate sufficient to qualify he for the dignity of a knight the soninlaw  without acquaint the defendant do about nine month afterward procure himself  to be knight and bring a assumpsit for the two thousand pound which be try  before modern north chief justice at guildhall and the jury give fifteen  hundred pound damage Maynard sergeant now move for a new trial upon the  affidavit of the defendant that he have find out material witness since the  trial and that such witness as he have ready at the trial can not get into  court because of the great tumult and disorder there with a multitude of  people by reason whereof his counsel can not be hear from the noise and when  they offer to speak be as often hiss the chief justice think it be a hard  verdict for he be not clear satisfy that the agreement be good it be only for  word which be speak by the old mail when he have but a weak memory and  thereupon a new trial be grant because the chief justice think it be fit so to  be
case sir Percival Willoughby against Egerton Hilary term Elizabeth roll after  a venire facias to the sheriff a sheriff non to cause to go breve may be enter  on the roll and a new venire facias award to the coroner post cro Elizabeth  jenk Carth Mod skin in what manner judgement by default may be enter Com dig  error of a judgement in Chester in formedon the first error assign because the  party be at issue a venire facias be award to the sheriff and afterward upon  entry guod sheriff non to cause to go breve a venire facias be pray and award  to the coroner which ought not to be for be once award to the sheriff the  plaintiff have admit he to be a person qualify croak throw to make the return  and the same sheriff not be remove he can without cause since arise pray a  venire facias to the coroner wherefore this award of the venire facias to the  coroner be error But because that be award upon the roll be but as a  continuance and there be not any venire facias take forth and it be but matter  of form to make such a continuance therefore it be hold to be well enough  Edward pl dyer Henry pl Edward pl Henry roll a second error assign because it  appear by the record that upon the venire facias return the tenant make  default and judgement enter therefore to look at closely be quod to strive for  recupere seisinam and he do not say therefore recupere per defaltam as it  ought to be where the judgement be by default but the court hold that it be  well enough for when the record mention that the tenant make default and it be  therefore to express grief recupere seisinam it be upon the matter a judgement  upon default and the precedent be both way
case sir richard champernon against hill Hilary term James roll a action lie  on the Edward c by a lessee of tithe upon several tithe post more Yelv Brownl  d cro Elizabeth Bac Abr debt upon the statute of Edward c for hot set forth  tithe and show that two part of the tithe of the place c appertain to the  rectory and the three part to the vicarage and that he have a lease for year  of the rectory and another lease of the vicarage and for not set forth the  tithe he demand accord to the statute the Triple value the defendant plead non  debet and it be find against he it be now allege in arrest of judgement that  inasmuch as his cause of action be ground upon several lease he ought to have  bring several action as his title be several but the court hold that the  action be well bring in regard he have both title in he and he be to have the  entire tithe and this action be bring upon the tort because he do not set out  the tithe wherefore it be adjudge for the plaintiff
case sir richard CHAMPERNOW against sir William Godolphin Michaelmas term  James roll in a writ of error to reverse a fine it be not necessary for the  plaintiff to show his title except where it be bring by a special heir in tail  or by a person in remainder ante   Ent Bac Abr Cowp error to reverse a fine  levy by Charles earl of Devon and bring the writ as cousin and heir of the  earl of Devon and assign the error and bring a to know facias ad to hear  wandering and do not show in either of the say writ how he be cousin to the  say earl for this cause the defendant plead in abatement of the writ it be  thereupon demurrer in law and after argument croak throw by Doderidge for the  plaintiff and by sir Francis Bacon for the defendant the court resolve that it  be good enough without show how in the writ of error or in the to know facias  for the one be but a commission to hear the error and needs not such certainty  the other be but a writ find thereupon and therefore how cousin needs not to  be show in the writ nor be it requisite that the title be show therein unless  it be in a special case vary from the common course as where a special heir in  tail bring a writ of error or he in the remainder because he be to entitle  himself he ought to show special how cousin or how he have the remainder but  otherwise not and although in some such writ it be show how cousin as in  venner case and be good enough yet it be not of necessity and the omit thereof  be no cause of abate the writ vide Henry pl Henry pl Henry pl and pl Edward pl  Ble of Ent wherefore it be adjudge accord and afterward the defendant answer  to the error assign in nullo be erratum
case sir richard levin vers in b r in error for want of a original another  original be allow by the court of chancery on a affidavit that instruction be  give to the cursitor for one and that they be lose I raym SC Mod SC Richard  bring king b Crompt bring I p wms this be error of a judgement in c b in a  action of covenant the plaintiff in error assign for error the want of a  original and have a certiorari upon which it be certify that there be no  original afterward the defendant apply to the court of chancery and upon a  affidavit that instruction be give to the cursitor for a original but that  they be lose the court of chancery allow that the original shall be supply  upon which the defendant in error pray another certiorari and a original be  certify of the same term in which the default of a original be certify before  and now it be move by Mr Broderick that this be irregular for before the  second certiorari be return the defendant ought to have give a copy of the  original to the attorney of the plaintiff and the master inform the court that  the course be so when the second original certify be of another term but it be  in this case of the same term the motion be not allow comens de term sanct  trin I Anna in b r
case sir richard leving against lady CALVRY Writ of error can be discontinue  without leave of the court and if no error assign judgement will be affirm S c  ld ray S c comy Rep in error want of original as assign for error the original  have be lose upon the death of the plaintiff below S attorney upon affidavit  of this fact the Lord keeper grant they a new original and that shall be  certify and a certiorari be bring and the original be certify now the  defendant in error will bring on the matter in order to have his judgement  affirm and cost and now it be move that this will be very hard upon the  plaintiff who at the time of the writ of error bring have good cause though  that be now cure by a new original and for this the case of Naydon v  winterbotham about three year before be cite but per curium the plaintiff can  discontinue his writ of error without leave of the court for if you do not  assign error we will affirm the judgement and the court will make no rule
case sir richard leving versus lady Caverly all disapprove Stanton v Percival  h l c see also Ingram v little Q b d the answer of a superannuated person put  in by guardian shall be read against he as a answer of one of full age by of a  infant who be to have a day to show cause it be agree per cur that the answer  of a superannuated defendant put in by guardian be to be read against he as a  answer of one of full age put in in person and a difference be take between  such a answer and that of a infant put in by guardian vide pale yellow Rep in  Eq because a infant improve and mend as my Lord keeper say and therefore be to  have a day to show cause after he come of age but the other grow worse and be  to have no day precedent in chancery er p
case sir Richard lewson against RIDDLESTON Writ of inquiry ante vent Mod andr  c oh m dig error of a judgement in the common plea in trespasser battery the  first error assign be that the writ of inq iry of damage direct to the sheriff  of London be to seek after when it shall have be inDdrant there be two sheriff  but it be order to he amend second because the entry be quod inquirant per  sacrament estimable et of man de community praedictd and there be not any city  mention hef ore Sed non allocatur for it be certify by the prothonotaries of  the common plea that their course be to make their entry that it shall he  inquire c de county tuo sometime de balliua tua sometime de civitale and Kemp  say the c mnion course be to award to he inquire de balliua tua the court  thereupon hold it to he well enough and the judgement be affirm
case sir richard snow against to accuse another of have forswear himself in  his answer to a bill in chancery be actionable without allege the materiality  of the perjury or that there be not other bill than the one state post action  upon the case whereas one Christmas exhibit a bill against the plaintiff in  the court of chancery and show what c and the plaintiff have put in his answer  thereto croak car and show what whereunto he be swear that the defendant speak  these word of the plaintiff he innuendo the plaintiff be forswear in his  answer to christmas bill innuendo in his answer to the say bill the defendant  plead not guilty and it be find against he and damage assess to fifty pound  Branston sergeant and Mr Grimston move in arrest of judgement first that be do  not show in what point he be perjure for there be diverse precedent that  indictment of perjury have be quash for this cause that they have not show the  perjury to have be in a point material but all the court Richardson chief  justice absent hold it to be no good exception for true it be that indictment  ought to show the cause of the perjury but in a action for word which be  ground upon the speech of another it can be enlarge further than the other  speak second because it be not say that he be forswear in his answer in  chancery nor be it aver that there be not any other bill nor answer but that  which be mention and there may be another bill in another place say non  allocatur for when it be show there be such a bill in chancery and a answer  thereto and that the defendant speak those word and be find by verdict guilty  of they upon that occasion the action well lie without other averment for it  shall not be presume there be any bill and answer in any other place whereupon  it be adjudge for the plaintiff
case sir robert banister case the lessee of tithe may maintain a action of  debt for not set they out roll Rep   light b roll ab Bulst debt for not set  out of tithe upon a special verdict the case be a parson make a lease of his  rectory Elizabeth for sixty year which be confirm by the succeed bishop and  succeed patron neither of they be bishop or patron at the time of the lease  resolve per totan curian that it be good accord to the opinion in Newcomens  case   and so without argument it be adjudge for the plaintiff
case sir robert basset against gee create a incumbent a bishop of Ireland make  his church void and give the presentation to the king but the prerogative be  lose if he suffer a stranger to present ante cro James dyer Inst lev show Com  dig wood Inst quare hinder suppose that his ancestor be seize in fee of the  advowson and c ante Bac ab Bl Rep Bl Com burr croak Elizabeth er p present and  afterward grant the next avoidance to manwood that the church hecame void and  manwood present h that the church hecame void by the death of h and it helongs  to he to present the defendant plead that h be create a bishop in Ireland  whereby it appertain to the Queep by her prerogative to present who present he  the defendant it be rule to he no plea without traverse the avoidance by death  and this creation of the incumbent a bishop of Ireland be admit to be a cause  of avoidance and that the queen shall have it by her prerogative it be also  hold per totan curian that if the queen do not take the benefit of the first  avoidance but suffer a stranger to present and the presentee die she shall not  have her prerogative to present to the second avoidance
case sir robert davers versus davers Lord chancellor king Str Eq can ab pl a  order make at the roll that the defendant may inspect a deed prove in the  cause and refer to by the deposition as be part thereof discharge by Lord  chancellor for that the defendant before bear be not to see the strength of  the cause or any deed to pick hole in it in the proof of this cause the  plaintiff have prove a certain deed and the defendant on petition to the  master of the roll get a order for leave to inspect the deed because as be say  by Mr solicitor general in support of the order the deposition of the witness  refer to the deed make the same part of the deposition Mr Lutwyche move to  discharge this order for that the other side can have no right to see the  strength of my cause or the evidence of my title before the hear and if this  be to be grant such motion will be make every day since it will be every one  curiosity to try to pick hole in the deed or settlement by which he be  disinherit and no such order in the like case be ever yet make which Lord  chancellor think very reasonable and therefore discharge the order vide Hodson  v earl of Warrington post vol gardener v mason bro c c Wiley v pistor Ves pot  v Adair swan n peer William er p
case sir robert fillip against slade on a issue on a prescription to pay so  much to the church of a in lieu of tithe of the manor of b the venue shall be  from both place ante roll Abr         light a debt upon the statute of Edward  c for not set forth of tithe of corn the plaintiff show that he be seize in  fee of the rectory of Yewel and the defendant be occupier of certain land in  Preston croak throw within the say parish whereof the tithe be due to he and  that he cut down and carry away the corn without set out the tithe to the  value of S d wherefore he demand the Triple value the defendant plead that sir  John white be seize in fee of the manor of Preston within which manor be a  custom that he and all those who estate c have use to pay S to the owner of  the rectory of the parishchurch of Yewel in lieu of all tithe grow within the  manor and that the say sir John white let to he the say land c issue be take  upon this prescription and find for the plaintiff it be move in arrest of  judgement that this trial be ill because the venire ought to have be as well  from Yewel as from Preston and of that opinion be the whole court after  several motion for that the custom be to pay to the church of Yewel so the  venire ought to have be as well from the place of payment who proper have  notice thereof as from the place out of which the payment ought to have be  whereupon a venire facias de to make new be award
case sir romand haywards case indictment must he to the nuisance of all the  king subject Com dig I hawk p c he be indict for stop of a highway ad  nocumentum to visit ligeorum domince regince and because it be not all the  queen liege people he be discharge croak Elizabeth er p
case sir Samuel grimston against Morelei the Act of parliament for relief of  debtor only extend to protect their person and therefore a creditor may take  the good of such a debtor in execution after his discharge motion to stay the  entry of a judgement on a verdict against the defendant the case be the  defendant owe the plaintiff rend and be indebt to several a see king v Vincent  stram king v Rhodes stram and the duchess of kingston case state trial c where  this point be full discuss modern report er p other he take advantage of the  late Act of parliament for the relief of debtor and before the trial get two  three in number and value to agree to his composition notwithstanding a  verdict be give against he and it be now pray to stay the entry of the  judgement because eastern instant that the two three sign the plaintiff be  bind and shall the judgement be enter the defendant will lose the benefit of  the Act because judgement be except therein say per curium the design of the  Act be only to discharge the body that it shall not be liable to be take and  be not intend to take away any other security whereby a man may come by his  debt without meddle with his body now in this case there be a action commence  the defendant be out on bail and if the plaintiff can come at the end of his  suit without meddle with the defendant body we can binder he at least on  motion a but if you think you have the law on your side you may have your  hearing complaint or if be take the body in execution you may come before a  judge who will discharge he but let the plaintiff if he will enter his  judgement on the verdict
case sir simon bennet case the dignity of baronet be not within the provision  of Edward c for there be no such title at the time the Act be make post hob  cro James side light Rep hawk p c debt upon a obligation the defendant in  abatement of the writ plead that the plaintiff puis darraign continuance be  make a baronet and it be thereupon doubt whether the writ shall abate for that  the statute of I Edward c recite the dignity of duke earl viscount baron  justice of both bench and sergeant at law but mention not baronet whereby it  seem it be not a dignity know at the make of that statute but if it be a  dignity then know and omit out of the say statute the court then hold it to be  out of the statute but it be then doubt by the court whether if it be a  dignity create after the statute the say statute shall in equity extend  thereunto and the court direct that the plaintiff shall demurrer thereunto and  upon argument it shall be resolve but in regard it be only in abatement of the  writ and it will be but a respond ouster though adjudge for the plaintiff the  plaintiff thereupon offer to bring a new original and the defendant consent to  appear gratis thereto and plead in bar and so these doubt be leave  undetermined croak car er p
case sir stephen board against CUDMORE debt for rend against the assignee of a  reversion upon a lease for year be local and must be bring where the land lie  post Henry pl Henry pl     Mod salk cro James latch W Jones hob dyer lev lev  lev side Carth sand will Tidds pract Cowp term Rep error of a judgement in  debt in the common plea the error assign be because debt be bring in London by  Cudmore as assignee of I S of a reversion of land in the county of Somerset  upon a lease for year make at London of the say land render the rend of twenty  pound yearly at the temple church London suppose the lease to be make at the  parish of saint mary bow in the ware of Cheap London for two year rend behind  after the assignment of the reversion and attornment thereto whereas the  action ought to have be bring in the county of Somerset where the land lie  because the privity of contract fail by assignment of the reversion he be only  to maintain the action upon the privity croak car in law for the interest of  the reversion and that ought to have be bring in the county of Somerset where  the land lie and this be agree on the other side unless the rend have be  reserve Payable at London and in that case the action may be lie in London for  payment may have be there plead and upon nil debet those in London may best  take cognizance of the payment and therefore the judgement be well give and  not error but all the court conceive forasmuch as the privity of the contract  be go by the assignment of the reversion and the attornment and the rend  follow the land the plaintiff be only entitle thereunto by reason of his have  the land therefore the action ought to have be bring only in the county where  the land lie and not elsewhere whereupon the judgement be reverse
case sir TH0MAS BEAMOND against sir henry hastings Michaelmas term James roll  in slander if the speak be allege to be of the plaintiff it be sufficient  without a express colloquium post slander speak in the time pass be actionable  action for word whereas he be justice of peace of the county of Leicester for  diverse year that the defendant speak these word of the plaintiff be a justice  of peace videlicet he a saying beforehand to express grief innuendo for malice  and spleen do many time wrest the law and pervert justice to serve his own  turn croak throw the defendant plead not guilty and it be find against he and  damage tax to two hundred mark and now move in arrest of judgement that it be  not certain allege that croak James er p the word be speak of the plaintiff  for he do not show that the defendant have communication with any other of the  plaintiff or that it be about execution of his office and then the word be he  do c non constat whether they be speak of the plaintiff or that those who  stand by know they be speak of the plaintiff and then although the plaintiff  now allege that the word be speak of he for he say de a saying beforehand  Thoma dixit c yet non constat that the slander by at the time of the word  speak know or intend they to be speak of the plaintiff otherwise the action  lie not and the plaintiff averment and innuendo will not serve vide   second  because he do not say that after he be justice of peace he wrest the law c but  only that he do many time wrest the law c which be in time pass and may be  long before say non allocatur for as to the first the declaration be that the  defendant de a saying beforehand Thoma dixit c it be the usual course and a  sufficient averment to the second they shall be intend to be speak in the  worst part and in scandal of he in his office wherefore it be adjudge for the  plaintiff and error thereof be bring the judgement be affirm
case sir thomas cecil against harris in the common plea Trinity term Elizabeth  roll if levyper distress et such non to hold off he plead to debt for rend and  it he find the rend be pay but not by distress the verdict be for the  defendant post Cowp dougl term Rep debt against the defendant as executor for  the arrearage of rend in time of the testator he plead levyper distress such  non to hold off upon issue join it be find by verdict that a stranger who be  the assignee of the term by the executor have pay the rend to the plaintiff  who have accept it but no distress be take for a see Ann c croak Elizabeth er  p it and if the plaintiff shall have judgement upon this plea be the question  Anderson periam and Wyndham hold clear that judgement shall be against the  plaintiff for the substance of the plea be find with the defendant for it be  find the rend be pay so non delineate the rend and the substance be upon the  non to hold off and not upon the levy by distress Walmsley hold strong the  contrary that the substance of the plea be upon the levy by distress and if it  he find it be not levy the residue be not material for this be the matter  traversable and upon this be the issue and so be Henry and Henry but the other  justice clear against he and Anderson deny the book of Henry and say other  book be against it
case sir thomas cockaine and his wife against uvitnam concord to a action for  word plead puis deraign continuance must conclude to the action and not to the  country and if not true confess the matter in issue post word actionable dyer  Yelv lev freeman Mod Allen bull n p pale yellow c p Lutw wolf Bl Com action  for word at the nisi prius the defendant plead concord puis Le deraign  continuance judgement si all inquest c and by all the justice it be no plea  but he ought to conclude judgement si action c and so in all plead plead since  the last continuance a by Geo c all writ of error wherein there shall he any  variance from the original record or other defect shall he amend and make  agreeable to such record by the respective court where such writ be returnable  but this shall not extend to writ of error or criminal proceed see dougl croak  Elizabeth er p then it be move if judgement shall he give upon this or a new  nisi prius he grant and upon good advice judgement be give for the plaintiff  for it be a confession of the matter in issue the word be my lady cockaine do  offer two shilling to a woman with child to get her a drink to kill her child  because it be get by I S sir Thomas cockaine butler and it be move the action  do not lie for these word but it be adjudge for the plaintiff for by they the  lady credit be impair and if true there be cause to bind her to her good  hehaviour although it be not say she do give money or any hurt be do but that  she offer c this case be adjudge hill Elizabeth to go into mich et Elizabeth  rot ex relation chamberlain vide   b croak Elizabeth michaelmas term and  Elizabeth in the queen bench sir Christopher Wray Knt chief justice sir Thomas  gawdy knight John Clench Esq Rohert schute Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Kilt solicitor general
case sir thomas grantham case a human being replegiando lie for a baptise  infidel detain from his master ray side return to a a human being replegiando  he buy a monster in the Indies which be a man of that country who have the  perfect shape of a child grow out of his breast as a excrescency all but the  bead this man he bring hither and expose to the sight of the people for profit  the Indian turn Christian and be baptise and be detain from his master the  master bring a a human being replegiando the sheriff return that he have  replevied the body but do not say the body in which sir Thomas claim a  property whereupon modern he be order to amend his return and then the court  of common plea bail he modern er p
case sir thomas holt against ASTGRIGG a declaration for say that a cleave b s  head and one part lie on one shoulder and another part on the other shoulder  must positive aver that b be thereby kill post cro Elizabeth Bac ab Cowp  action upon the case for word sir Thomas holt strike his cook on the head with  a cleaver and cleave his head the one part lie on the one shoulder and another  part on the other the defendant plead not guilty and it be find against he it  be now move in arrest of judgement that these word be not actionable for it be  not aver that the cook be kill but argumentative the court be of that opinion  Fleming chief justice and William send away for slander ought to be direct  against which there may not be any intendment but here notwithstanding such  wound the party may yet be live and it be then but trespass wherefore it be  adjudge for the defendant
case sir thomas janson Bart versus rany march where the evidence of a single  witness against a negative in a defendant answer be corroborate by a great  number of circumstance it be sufficient to support a equity the bill be bring  to have execution stay upon a judgement obtain at law by the defendant on a  bind which the plaintiff insist have be satisfy long since Lord chancellor  where a man come to be relieve against a proper demand at law it be not  sufficient to support a equity to have one single evidence against the  defendant negative in his answer and this be the rule undoubted but the  present be not this case because the evidence produce by the plaintiff do not  rest upon this atkins er p single proof only but it be support and corroborate  by a great number of circumstance which take it entire out of the rule Walton  v Hobbs ante atkins the case here be so strong in favour of the plaintiff that  I shall decree cost against the defendant both at law and in this court to be  tax by the master
case sir thomas mere versus Lord Stourton et e contra Eq can ab pl dick a peer  of the realm be to put in his answer upon honour but his answer to  interrogatory and examination as a witness must be on oath sir Thomas mere  bring a bill v Lord Stourton to foreclose he and Lord Stourton bring his bill  v sir Thomas mere to compel he to a specific performance of article for the  purchase of Lord Stourtons estate sir Thomas in his defence insist that there  be defect in Lord Stourtons title to the estate and it be at length order that  the Lord Stourton shall be examine on interrogatory touch peer William er p  his say title it be object that the Lord Stourton be a peer of the realm ought  to answer upon honour only on the other side it be answer and so rule by Lord  keeper Harcourt that though the privilege of peerage do allow a peer to put in  his answer upon honour only yet this be restrain to a answer and that as to  all affidavit or where a peer be examine as a witness he must be upon his oath  and that this examination upon interrogatory be in a cause peer William  wherein his lordship be plaintiff to enforce the execution of a agreement as  his lord hip will have equity so he shall do equity and allow the other side  the benefit of a discovery and that in a legal manner and so order that the  Lord Stourton shall put in his examination upon oath
case sir thomas Tresham against ford Hilary term Elizabeth roll in account the  defendant can plead before auditor a matter which go in bar though he omit to  plead it in bar roll ab cro car Wilson Cowp account suppose he to he receiver  of l of his money by the hand of vavasor ad compolum reddendum the defendant  plead nunques son receiver c and the jury find that he be receiver of such a  sum the defendant before the auditory plead that he be possess of diver  obligation wherein Francis Tresbam son and heir to the plaintiff be oblige  unto he in l and that the say vavaso pay unto he this l in satisfaction of  those bind and thereupon he deliver unto he the say bind to the use of the  plaintiff which he accept and thereupon the plaintiff demurrer and it be hold  by the whole court to he no plea for it be contrary to the verdict which find  he to he receiver to render c and the plea amount to no more but that he be  not receiver to account
case sir though harvey versus ralph Montague there Eq can ab pl pl pl S c the  defendant have notice of a decree to which he be no party pay money contrary  to that decree order that he shall pay the money over again Vid post case the  case be thus Harvey have by he will appoint the lady Harvey and sir Thomas  Harvey executor b a former decree the lady Harvey be to receive no more of the  estate and sir Thomas Harvey to have a perpetual injunction against her and a  clause be insert in the decretal order that no creditor shall pay her any more  money the testator have a mortgage for pound on part of Mr Montague estate and  Mt Montague after notice of this decree he be present at the hear c but before  any sequestration against the lady Harvey pay in this and interest to the lady  Harvey and have his mortgage deliver up to be cancel and now a bill be bring  against he by sir Thomas Harvey to compel a repayment of this money it be  insist that it be a very hard demand in equity to have the same money aid  twice he have in this case pay it to a hand that by law be empower to receive  it and to her who have his security in her hand and the notice Vernon chancery  case that they pretend of the decree be not any legal notice but regular he  ought to have be make a party to the former suit in which the lad Harvey be  decree not to intermeddle with the estate or at least to have be serve with a  order not to have pay the money to the lady Harvey but on behalf of the  plaintiff it be answer that this be full notice to Mr Montague and a pure  voluntary payment in he on purpose to prevent and avoid the decree of this  court order confirm master report nisi Reg lib a fol Vernon chancery case er p
case sir walter aston against WHITENALL queen if in waste by lessor against  lessee it be necessary for the plaintiff express to plead the estate of which  he be seize ante post   a waste error be bring of a judgement in a action of  waste and the error assign that the plaintiff in the action do count quodcum  to be seisitus of the land he do demise the same to the defendant for year and  he have do waste the defendant plead nul waste fait and find against he and  judgement give the error assign be that he say quod seisitus but say not of  what estate and so may he intend but a estate forlife Godfrey and Heaumont say  that the declaration ought to comprehend certainty and shall not be good by  intendment and although the declaration have be good if he have not mention  any seize yet when he allege seize and that insufficient the declaration be  not good as partridge case in Plowden recite a statute c a but schute and  Clench justice hold the declaration to be good for the allegation of seize be  not material when it may have be leave out and it be help by the word  subsequent videlicet ad exhreditationem which explain how he be seize a d ft  be but matter of form it be help by the statute of Jeofails after verdict  gawdy doubt et adjour nature
case sir walter CHETWIND against MEESTON to charge a magistrate with have  procure a person to take a false oath before he be actionable roll ab SC Yelv  action for word whereas he be justice of peace in the county of Stafford and  one Hickman complain to he of diverse misdemeanour commit by the croak James  er p defendant and be swear before he whereupon he bind the defendant to  appear at the quartersession that the defendant speak of the plaintiff these  word by your mean have wrong at the session for you cause Hickman to swear  against I a thing that be not true innuendo the say oath the defendant plead  not guilty and it be find against he and now move in arrest of judgement that  the word be not actionable but all the court resolve that the action well lie  for those word touch he in his place in charge he of procure one to take a  false oath before himself wherefore it be adjudge for the plaintiff
case sir walter Clarges against Sherwin what be not evidence for one not to be  evidence for the other ante at a trial at bar in ejectment of land in  Yorkshire part of the duke of albemarle estate wherein the legitimacy of duke  Christopher be the only question it be rule by the court that a former verdict  between other party concern other land depend upon the same question and title  can not be read in evidence for if it be in affirmance of the plaintiff title  they can not read it as be between other party and what will not be evidence  for one shall not be for the other but notwithstanding the verdict be read to  let they in to give evidence that a witness produce by the plaintiff have  swear now direct contrary to what he have swear at the trial a this case be in  the court of chancery b Eq Abr Prec Chan Eq Abr modern report er p modern  report michaelmas term the eleven of William the three at nisi prius before  sir John holt Knt chief justice
case sir walter Hungerford against VEISEY easter term Elizabeth roll if  process he award on the roll returnable out of term the error be not aid by  the verdict e ante post more roll Abr error u Pon a judgement in the common  plea the error assign be because the venireAciasWas a ware upon the roll  returnable die Hercuriiproxim post crastin the number three but the writ  itself be returnable die Venerisproxim post crastin the number three which be  the first day and therefore erroneous because the writ by the roll be  returnable out of term and it be hold clear to he erroneous for the roll be  that whereto the court give credit and not to the v rit for if the writ be ill  it shall he reform by the roll and that be clear erroneous at the commonlaw as  appear Edward pl Richard pl Elizabeth and it be not aid by the statute but if  it do not appear that any writ be award it be aid by the statute but not a ill  writ say adjournatur
case sir William BRUNKARD against segar to call a member of the privychamber a  cozen knave hold not actionable ante cro Elizabeth cro car Bac Abr action for  word whereas the plaintiff be one of the privychamber to the king that the  defendant speak of he these word thou art a cozen knave and live by cozenage a  verdict upon not guilty plead be find for the plaintiff it be move in arrest  of judgement that these word be not actionable for they be too general and  precedent be show that for such word action be bring judgement have be stay  Hilary term Elizabeth Kirby v Wallis a and Elizabeth Middlemore v Warker b but  a precedent be show that one holbeack coroner of Warwick bring his action for  these word thou art a cozen knavecoroner and it be adjudge for the plaintiff c  Montague chief justice hold that the quality of the person be to be consider  in this case for be employ about the king to say that he live by cozen be a  great discredit but of every common person these word be not such a slander as  the law will punish the other justice doubt thereof and will that precedent  shall be search d
case sir William clerk case queen if a sheriff be liable to a action for not  return a cap outlaw or whether he shall he attach for the contempt ante Bulst  vent winch stram action upon the case for that one I S be outlaw at the  plaintiff suit and a capias utlagatum award against he direct to the defendant  sheriff of the county of buck returnable at such a day c and because he do not  return the writ the action be bring and judgement against the defendant by non  sum shape and upon a writ of enquiry of damage damage find to l and now  William move in arrest of judgement that a action lie not for not return of  the writ but he shall he only amerce for his contempt and of that opinion be  Walmsl that and Warherton for in not return this writ the queen command be  neglect which she ought to punish but by WaGsley if the party who sue that  writ show to the sheriff the part who be to he arrest and deliver unto he the  writ require he to make a arrest if he do it not a action upon the case lie  against he a but here non constat whether the party be arrest or that the sheA  can find he wherefore c Kingsmil although the queen may punish the contempt  yet the party have loss by not return of the writ may have his action also and  the clerk say there be many precedent that such action have be bring wherefore  absent Anderson adjournatur fide Edward pl b
case sir William Crayford against sir robert Crayford executor of William  Crayford Hilary term car roll what shall be construe a absolute and  independent covenant covenant whereas the testator covenant with the plaintiff  that the manor of ridgway which he assure to the plaintiff upon his marriage  be of the value of three hundred croak car pound yearly he say that in truth  it be but of the yearly value of l the defendant plead that the say manor be  of the value of l yearly at the time of make the say indenture secundum form  et execution indenturae prediction and upon this they be at issue and the jury  find a special verdict videlicet the indenture verbatim as the plaintiff  declare wherein the testator covenant to stand seize of that manor in  consideration of marriage to the use of the plaintiff and the heir of his body  and covenant that he be seize of the say manor at the date of the say  indenture of a lawful estate in fee notwithstanding any act do by he or any of  his ancestor and that no reversion or remainder be in the king or any other  and that the say manor be then of the annual value of l per annum and that the  plaintiff and his heir shall enjoy accord to the limitation discharge and save  harmless from all encumbrance make by he or any of his ancestor and further  they find that this manor be but of the value of l per annum at the time of  the say indenture and no more and that the testator have not do any act to  impair the say value and if super totan means c so the sole question be  whether this covenant for the value depend upon the first part of the covenant  that notwithstanding any act make by the testator or his ancestor or if it be  a absolute and distinct covenant of itself and upon the first argument the  court resolve that it be a absolute and distinct covenant and have no  dependence upon the first part of the covenant vide Henry pl Elizabeth dyer  sand
case sir William drake against No special bail in scandal a motion be make for  a special writ to he have by rule of court against a person to hold he to  special bail for speak very scandalous word against sir William drake  videlicet that he be a traitor one of the hundred and thirtyfour for bring in  the prince of Wales c but the court refuse to grant it and say it be refuse in  the Lord wharton case for scandal of a peer a see earl of Stamford v Gordel t  raym Chetwyn v winner side and marquis of Dorchesters case Mod a
case sir William drury case a release date before but make and deliver after a  obligation do not releasethe obligation roll ab dyer roll Rep palm Brownl Mod  Mod wood con I S make a obligation date and deliver the first of m and upon  the first of June follow the obligee make a release to the obligor hear date  the first of march and deliver the first of June by which he release all  action ab origin clean until the date of the release and all the justice be of  opinion that the obligation be not release
case sir William Lacon child against harvey where the day in bank be before  the day of nisi prius it be not amendable S c salk S c Carth S c ld ray to  know facias upon a recognizance to pay money at a day certain to loosen ad  diem plead and issue join and verdict at nisi prius for the plaintiff Northey  move to set it aside because the distringa and to swear falsely be returnable  a die sanct Trin in tres soldiers nisi johes holt c June prius sexual activity  which that of June be the day after tres Trin but the award on the plearoll be  tres mich it be move to amend this mistake of the clerk because in all case in  which there be a record to amend by and the amendment do not alter the point  in issue the court may give leave to amend here the award on the roll be right  so be the issue and the judge of nisi prius have a see brook Abr misnomer  Fitzherbert nat short catalog Theolals digest b and the case of Britton v  gradar ld ray b the judge say that they will consult with their brother to the  end that this point may be settle and afterward at another day by the whole  court judgement be give quid bill a empty S c ld ray a ante S c Mod S c Carth  S c ld ray modern report er p authority to try the cause by the statute of  Westminster the second c which require only that a day modern report and place  certain be appoint in the shire and this be a plain misprision of the clerk in  write tres Trin for tres mich cro cro dyer and the case of sir r Barnard a  holt chief justice though the day of return of the postea shall be mistake yet  if the cause be try on the right day it will be good but here the day of nisi  prius be a impossible day and the authority of the judge confine to it a trial  on another day will be without authority and therefore not amendable if the  distringa and to swear falsely have be right the nisi prius roll may have be  amend b as be in sir r Barnard case wherefore here the trial be set aside
case sir William more be case a administrator be in law assignee post   light  a wood con dougl a lease be make for year upon condition that the lessee his  executor or assign shall not alien without assent of the lessor the lessee die  intestate and the ordinary grant administration to I S who assign without  licence it be adjudge that the condition be break for he be a assignee in law
case sir William pope against LEWYNS a declaration find on a warranty must  show that the warranty be make at the time of the sale ante dyer roll ab Com  dig stram Cowp dougl term Rep term Rep certainty action on the case the  declaration state that the defendant on may James have bargain with the  plaintiff to sell he a mare the defendant then and there croak throw know the  say mare to be lame et A small city of the Sabines weakness to withdraw  videlicet with spavin splents et ad laborand powerless equan predict soberly  et without aliquan weakness warrantizavit et the same equan pillage maii James  pro l at land c eiden William falsely et fraudulent adtunc et ibidem to sell  et such speech defend deceptively to catch the plaintiff of the say mare to  his damage c the defendant plead not guilty and it be find against he and it  be move in arrest of judgement that the declaration be not good first because  he do not say warrantizando to sell for otherwise it may be that the warranty  be at one time and the sale at another time although they both be in one day  and then the action be not maintainable and although the precedent in the book  of entry be in this manner it be answer that there it be warrant to sell which  be short writ may be expound warrantizando which conjoin it to the sale but as  it be it may be otherwise intend and then the declaration be not good second  this declaration be uncertain for want of the word et after the warrantizavit  for as it be it be insensible and Doderidge and chamberlain be of that opinion  but lea chief justice do not deliver any opinion wherefore the defendant  appear the plaintiff declare de to make new croak James er p
case sir William read and his wife against a word not actionable roll ab cro  car action upon the case against a for these word speak of the plaintiff wife  thou art a forswear whore and a old bawd  And adjudge that they be not  actionable
case sir William read case outlawry for not repair a bridge reverse because  the defendant be not describe in the exigent of any place within the county  but he be oblige to assign this error in person ante march fort Com dig hawk  Carth Bac ab ante Carth sir William read be outlaw upon a indictment for not  repair of a bridge be admit to his writ of error and move to pursue it by his  attorney and to put in bail and not to appear in person Fanshawe and all the  clerk of the crown office affirm that none may assign error upon a indictment  but he ought to appear in person and put in bail in person the court great  pity sir William read case because he be a person of ninety year of age and  infirm and have keep his chamber for infirmity for a year and more confer with  the attorneygeneral how it may be do but they all resolve it can not be admit  be against the course of the court and doubt whether the king privyseal will  aid he a croak throw he be thereupon bring from his house ten mile from London  in a horselitter upon man shoulder to the bar and come into court and assign  his error and put in bail to prosecute c a the error assign be that he be name  in the indictment and exigent William read mile de commit Mid whereas it shall  have be de such a place in commit Mid allege some place certain within the  county and for that cause the outlawry be reverse michaelmas term James in the  king bench sir James lea Knt chief justice sir John Doderidge Knt sir Robert  Houghton Knt sir Thomas chamberlain Knt justice sir Thomas Coventry Knt  attorney general sir Robert heath Knt solicitor general
case sir William THAROLD against spite venire facias ante replevin of the take  of his cattle in a certain place call in S in the parish of c the defendant  justify for that the place where be one hundred acre of pasture in c which be  the freehold of sir Francis Popham to who he be bailiff and that they be there  damage pheasant the plaintiff in bar to this avowry say that he be seize in  fee of a message and one hundred acre of land in aforesaid and that he and all  those who estate he have in the say message and one hundred acre of land have  have time whereof c common of pasture for all their beast levant et couchant  upon the say message and one hundred acre of land in the place where c at all  time of the year as belong to the say tenement the defendant traverse this  prescription and issue be join upon the prescription a trial at the bar be  have and find for the plaintiff it be now move in arrest of judgement that it  be a mistrial because it be try by a venire facias from c only and not from S  where the place of the take be as well as from c where the land lie whereto  the common be claim it be allege that the place where be within the parish of  c so the venire be of c only be good enough for it shall be intend that c the  parish and c the village be both one but it be say that if the venire facias  have be of the parish of c or it have be allege in the bar that the land be in  c prediction then c the village and c the a Elizabeth c S see Geo c croak  James er p parish shall have be intend to be both one but not be so allege it  may well be intend that they be several the court therefore hold it to be a  mistrial and a venire facias de to make new be award a
case sir William turner case in general no amendment shall be make after issue  join debt who tam c for one hundred pound against sir William turner be a  justice of peace in London for deny his warrant to suppress a seditious  conventicle of one Mr turner in NewStreet modern er p this cause be to be try  by nisi prius this term before the chief justice and now the plaintiff move to  amend one word in the declaration wherein he be mistake for he have lie the  meeting to be at turner modern mansionhouse and upon enquiry he understand the  place of meeting be not at his mansionhouse but at a little distance from it  and so pray the word mansion may be strike out but the chief justice say that  after issue join and the cause set down to be try and this be a penal statute  no precedent can be show of a amendment in such case a but see Goff v  Popplewell Doual notorious facts that there be no difference between civil  suit and penal action as to amendment at commonlaw see also Bonefield  v 3filner burr and ace v Lovel burr Richard v brown dougl that amendment be  allow after issue join a and therefore will not make this the first and so  leave be give to the plaintiff to discontinue upon payment of cost hilary term  the twentyeight and twentyninth of Charles the second in the king bench sir  Richard Rainsford Knt chief justice sir Thomas Twisden Knt sir William wile  Knt sir Thomas Jones Knt justice sir William Jones Knt attorneygeneral sir  Francis winnington Knt solicitor general
case sir William WITHIPOLES case ante fol a prisoner arraign for murder can  have counsel assign to he unless be show some exception in law and then be may  have counsel without assignment post r hawk p c ch S autrefois arraign on a  inquisition be no bar to a arraignment on a indictment for the same offence  for the court may quash the inquisition   a foster burr hawk p c ch S I Bl Rep  hawk p c dougl queen if outlawry in trespass be any objection to a grand juror  Jones ante hale hawk p c c S c S the first day of this term William Withipole  be arraign upon a indictment of murder find in this vacation in Suffolk before  commissioner of oyer et terminer and certify hither by certiorari and upon his  arraignment he desire to have counsel to plead for he over as far as pretend  he have matter in law to plead but the court deny it unless he will show to  they some exception in law for which they shall see cause to appoint he  counsel and then Mr Holborn shall be assign for he and the court say any other  may be though not assign afterward the say Mr Holborn be assign his counsel  move that he ought not to be arraign upon this indictment because he have be  autrefois arraign upon a inquisition of murder find before the coroner and  have plead thereto c and so conclude his plea by plead not guilty to the  felony but it be hold by all the court that this be no cause of plea for where  he be not convict or acquit he may be arraign upon a new indictment but to  avoid that doubt that he shall not be question upon both it be rule that the  first shall be quash as insufficient then it be move by Holborn that one of  those indictors be outlaw ill trespass but because he have not the record  ready and the court conceive it to be allege by he in delay of justice only  therefore the court order he to answer and he plead not guilty they command to  have a sufficient jury to try he returnable octabis purification
case sir William wrey against vesper a prescription that a and b be seize of  three mill and all those in the say mill for they their tenant and farmer have  have a watercourse c be well allege without say eorund molendinorum hob what  shall be prima fancy intend a will action on the case whereas the mayor and  burgess of Liskarrel in the county of c be seize in fee of three watermill in  Liskarrel aforesaid and that the say a cro Elizabeth croak James er p mayor  and burgess and all those in the say mill for they their tenant and farmer  time whereof c have have their watercourse run from a place call Hederbridge  in the parish of Liskarrel aforesaid the say mill to serve they with water to  grind corn and that such a day and year they demise to he the say mill for  twentyone year and that he be so possess the defendant on October James at  Liskarrel aforesaid between Hederbridge aforesaid and the mill in a close  wherein the mill be erect and where the watercourse use to run dig a trench  and divert the say course of water whereby it come to pass whereas he use to  grind every week thirty quarter of corn he can now grind but only ten quarter  c the defendant plead not guilty and find against he and it be now move in  arrest of judgement first that the prescription be not good for that it be for  they their tenant and farmer and he do not say eorund molendinorum Sed non  allocatur for it be to be so intend and not that he be farmer of any other  thing second that the venue be from the will of Liskarrel where it ought to  have be from the parish of Liskarrel for the watercourse be allege to be  current from the place call Hederbridge in the parish of Liskarrel aforesaid  and the stop be between Hederbridge and the mill say non allocatur for the  parish of Liskarrel and the will of Liskarrel be intend to be all one and head  erbridge be but a place know and no will by intendment wherefore it be adjudge  for the plaintiff
case SIVIALWOOD and two other against the bishop OF Coventry c and marsh a  quare hinder lie by executor for disturbance in present to a archdeaconry void  in the time of their testator but if they allege it in nunc retardationem it  shall abate post   light quare he ought by the plaintiff as executor of  WilliamSale for foot soldier br do suffer they to present to the archdeaconry  of Derby which hecame void in the time of the testator and helon ed to he and  after his death to the plaintiff to I present and the writ and count suppose a  disturbance to the testator in his life in nunc retardatioiiem performance  will prcedict and it be demurrer upon it first because the archdeacon be yet  void a so they may have a action for the disturbance to themselves second  there be no such writ in the register three here be a double disturbance to  the testator and to themselves fourthly the disturbance to the testator be  allege to he in relardation they performance will which can be for in the time  of the iestator there be no testament Edward pi this be not a action give by  the equity of the statute of edward c five a archdeaconry be such a spiritual  promotion for which a action lie not for it be a spiritual office and function  and have no certain place to he induct in as Edward pl where this question be  glance at there vide Edward pl Edward Edward and it be resolve that the writ  shall abate Anderson say they be all resolve that as the writ I S bring it  shall abate and yet they agree that a special writ lie in this case for the  executor and the principal reason of their judgement be because the writ be in  nunc retardationem which can be of a disturbance in the life of the testator a
case skeleton against hay Hilary term James roll tenant pur autre vie let we  at will if the beneficiary and vie die during the possession of the tenant at  will he shall hold the estate by occupancy ante   light b dyer roll ab Bulst  side Vaugh Com dig Bl corn ejectment upon a special verdict the case be that  the bishop of Worcester make a lease to sir William Whoorwood for the life of  he and two of his son sir William Whoorwood let the land to John mallet at  will render rend and after die mallet the lessee hold himself in but mention  not how he claim as occupant or otherwise William Whoorwood one of the son of  sir William Whoorwood be one of the beneficiary and vie enter as occupant and  let to the plaintiff and the defendant by the command of mallet the lessee  oust he the question be whether mallet be the occupant without claim it as  occupant or whether the other may enter by occupancy it be adjudge for the  defendant that the lessee be occupant for he be in possession the law cast the  freehold upon he unless he waive it and it be not requisite that he claim as  occupant unless there be a disclaimer in it for be for his advantage the law  shall adjudge it in he as occupant wherefore it be adjudge for the defendant
case SKEVILL against avery to trespass of assault and battery the defendant  may justify that he be possess of a house and manus calmly to place upon in  defence of his possession without set out his title special for his title or  interest be not in issue Henry Jones   light Yelv cro James salk hob Mod Carth  comb Mod Mod Com dig will term Rep term Rep ld raym term Rep trespass of  assault battery and wound the defendant plead to the wound not guilty to the  assault and battery he plead that he be possess of a house in such a parish  for year and that the plaintiff enter his house and will have thrust he out of  possession thereof whereupon he calmly manus to place upon to put he out and  the harm if any do be in defence of his own possession the plaintiff hereupon  demurrer goldsmith for the plaintiff show for cause that the defendant have  plead a lease for year not show who make the lease nor when it be make nor for  how many year whereas they ought to have be plead special and show  particulatim for if it be traverse there can be any issue thereupon and he  rely upon Crogats case a that de in an unjust manner svan not common with  others be no plea but all the court hold that the defendant have well plead  for say that he be possess for year be but a inducement and conveyance to his  justification and not the substance thereof croak car which be that be offer  to thrust he out of the possession of his house and whatsoever title be have  it be not material for if he be in possession by virtue of a lease at will or  any other title de in an unjust manner svan not common with others be a good  plea for the title or interest not come in question and what be plead or  allege be but a inducement to the plea it needs not be so certain as where it  be plead by way of title to make a claim in the defendant whereupon it be  adjudge for the defendant
case Skidmore against BOUCHEIR on a writ of trespass for enter several close a  declaration for enter one close and toss be a fatal variance error upon a  judgement in the common plea the writ be a trespass for enter into his house  and several close and the declaration be of a entry into his house et in One  enclosed space et One toftum hold nought for that toftum be not a close but  ground whereon a house former stand
case Skidmore against winston it be sufficient in a declaration by a  administrator to show the letter be grant by the bishop ante post Plowd Lut  Bac ab salk dougl venire facias Plowd a debt by a administrator after verdict  it be move in arrest of judgement that the declaration be not good because he  count that administration be commit unto he by the bish of saint David and he  say not loci that of order nor who administration to stretch out say non  allocatur for it be intend that he be the ordinary and so be the common course  of declaration unless the administration be allege to he commit by one who  have a peculiar jurisdiction second it be move that the v venire facias be  award to Richard Hancock coroner where a challenge be put in against I S  another coroner there and it croak Elizabeth er p may he there be more coroner  there hesides he who be challenge so it ought to be award crowner general with  a clause that the coroner who be challenge non see intromitta say no allocatur  for it shall not he intend there be any more coroner hesides they two unless  it be show and then the writ award unto he by his proper name be good
case skinner against KILBYS Trinity term William and mary lily attorney if a  plea conclude with a averment instead of to the country it be bad on demurrer  SC Carth SC salk SC holt covenant breach in not repair the defendant say he do  repair et hoc a preparation be verify general demurrer urge for the plaintiff  that the plea be ill because he do not conclude to the country winnington for  the defendant where the negative be first and the affirmative afterward he  need not conclude to the country because the first negative be the full stop  but per curian no difference which be first then he argue that it be but  matter of form and well enough on a general demurrer but per curian it be  substance and material accord to sand and dove v Bayley keb judgement for the  plaintiff a it be hold by the court that in covenant to have law et titilum c  be well enough in breach for the entry of a stranger because you know not his  title but however you must say to have ante dimission for if it be since it be  ill because it may be from the plaintiff himself
case skinner against trobe to say another be forswear be not actionable unless  it appear to have be in a court of record ante post hob more cro car cro  Elizabeth Com dig action for these word thou art forswear in collet court and  do not show that any action be depend there nor that it be a court of  Record and therefore it be move in arrest of judgement and resolve that it lie  not for this court without other description can take cognizance that it be a  court of record wherefore it be adjudge for the defendant
case skinner against web error will lie to the exchequerchamber on a to know  facias in any action within Elizabeth c S C keb S C vent fitzg Mod Mod Mod ld  ray ld ray stram Peer wms term Rep hale chief justice a writ of error will lie  in the exchequerchamber of a judgement in a to know facias ground upon a  judgement in one of the action mention in the Elizabeth c because it be in  effect a piece of one of the action therein mention hilary term the  twentythird and twentyfourth of Charles the second in the king bench Tuesday  January sir Matthew hale Knt chief justice sir Thomas Twisden Knt sir William  Moreton Knt sir Richard Rainsford Knt justice sir Heneage finch Knt  attorneygeneral sir Edward turner Knt solicitor general
case skip vers hook in c b enter hill geo rot in a action on a promissory note  against the drawer the plaintiff need not allege notice to the defendant of  the endorsement this be a action of assumpsit on a promissory note by the  defendant to pay William Welsh or order for value receive that William Welsh  endorse it over to the plaintiff in consideration whereof the defendant  promise to pay to the plaintiff who though often request refuse c the  defendant demurrer and show for cause that the declaration do not allege  notice to the defendant of the endorsement and rely on a case in Mod Laurence  Str S c a and Jacob where after a verdict and judgement for the plaintiff the  judgement be reverse in error for that cause say now allocatur for that case  be misreport for justice fortescue produce the paperbook in that case and say  it be pasch Geo and that the judgement be affirm and on the authority of that  case and on the reason of the thing for the defendant by his demurrer admit  that in consideration of the premise videlicet the defendant make the  endorseable note and the endorse it to the plaintiff the defendant assume to  pay the money accord to the tenor of the note judgement be give for the  plaintiff by the whole court
case skip versus warner August last seal you can move to dismiss a bill after  publication be pass and it be no hardship to the defendant for if the bill be  dismiss at the hear he will have his full cost a motion be make to dismiss a  bill for want of prosecution the cause have proceed so far as that a  commission have be take out but nothing have be do upon it but publication  have pass and issue be join the question in dispute before h S honour be  whether it must not be set down ad requisitionem to ward off or whether accord  to the rule of the court the defendant may not move to dismiss for want of  prosecution his honour have some doubt and direct it to be move before Lord  chancellor Lord chancellor I know of no rule that the defendant may move to  dismiss a bill after publication be complete pass the modern practice have be  after a subpoena to rejoin and even after a commission for examination of  witness if nothing have be do under it to dismiss the bill but the defendant  here be under no hardship because when it come to a hear this cause will not  be consider as on bill and answer only and therefore the defendant may have  his full cost if the bill shall be dismiss at the hear Lord Hardwicke deny the  motion
case slack against BOWSAL Hilary term James roll a declaration for rend must  show when the rend be in arrear ante post cro Elizabeth salk Mod show a  assumpsit will not lie for rend reserve assumpsit whereas the defendant be  indebt to he in five pound pro To give back ante tunc debt is owed that the  defendant assume to pay that five pound whenever a stram ld ray will croak  James er p require and allege in fact that after request at such a day year  and place make he have not pay c the defendant plead payment and find against  he and it be allege in arrest of judgement that the declaration be not good  because he do not show when the rend be due nor for what term nor upon what  contract Yet because the defendant have take notice thereof affirm that he  have pay it and issue thereupon and find against he the declaration be make  good but otherwise Doderidge and Houghton hold that it have not be good  wherefore it be adjudge for the plaintiff croak throw note there be not a  exception take that the assumpsit be to pay a sum for rend which be a real and  special duty as strong as upon a special and in such case this action lie not  without some other special cause of promise but nothing be speak thereto
case SLACKMAN against west the lessee of a corporation may prescribe in and  estate for a right of way without show any deed for the thing lie in grant be  but conveyance to the thing claim by prescription ante cro Elizabeth   light a  SC palm Yelv hob l Brownl vent SC roll Rep     b Leon Jones Mod Mod cro car  salk Com dig dougl action on the case suppose that the governor and the poor  of the hospital of the holy Trinity in Greenwich of the foundation of Henry  earl of Northumberland be seize in fee of a house in the parish of saint  Martin in the field and that a ante a see the case of morris v Thomas cro  Elizabeth where the like judgement be give croak James er p he and all those  who estate in the say house c have have a footway from the say house to the  river of Thames in the same parish and let the say house to the plaintiff for  ear that the defendant erect a gate cross the say way in the say parish c upon  not guilty plead and find for the plaintiff it be move in arrest of judgement  that this declaration be not good because it be show that the corporation and  all those who estate c have have c whereas a corporation can prescribe but in  he and his predecessor also one can show a and estate without show how by deed  for they can have it without deed Doderidge justice be of that opinion but all  the other three justice against he because the action be bring by the lessee  for year who have not the deed and it be but a conveyance to the action which  be ground upon the disturbance do to he in possession but if he have claim  rend or common in gross which can pass without deed it have be otherwise for  there he can not show and estate without show the deed how he come by the  estate wherefore it be adjudge for the plaintiff
case slade against allen Hilary erm Elizabeth roll word actionable action for  these word thou art a murderer and a bloody fellow and I be afraid of you upon  demurrer adjudge actionable
case slade against thomson Hilary term James roll a heir in ware of the king  shall not be bind by a condition to pay a sum out of the rend and profit of  the land for he be deprive of receive they by the act of law roll ab Jones  Bulst roll Rep hard Bac Abr trespass upon special verdict the case be one  devise for life remainder to one and his heir pay such a sum by he in  remainder out of the issue and profit of the land he in remainder die his heir  within age live tenant for life tenant for life die and be find by office that  the land be hold by knight service in capite a the king seize it and afterward  for nonpayment during the minority the heir of the devisor enter after livery  sue the question be whether this entry be congeable and adjudge that it be not  for the sum be appoint to be pay out of the issue and profit of the land it be  to be intend when he shall receive they but the king have take the profit he  shall not pay they croak throw michaelmas term James in the king bench sir  Edward coke Knt chief justice sir John croak Knt sir John Doderidge Knt sir  Robert Houghton Knt justice sir Francis Bacon Knt attorney general sir Henry  Yelverton Knt solicitor general
case slater against carew a bind to pay a annuity to a man and his wife during  their two life become extinct on the death of either of they Leon and   b Owen  roll Abr raym palm vent vent brown Brownl Mod Mod Mod Cas tem Talb ld ray Peer  wms Peer wms debt upon a bind the condition be that if the obligor his heir  executor c do yearly and every year pay or cause to be pay to Thomas and  Dorothy his wife during their two life that then c the husband die and the  question be whether or no the payment shall continue to the wife Baldwin  sergeant argue that the money be Payable during their life and the long liver  of they he cite Brudnels case a   and   Litt b a and hill case b easter term  James roll warburton report b that whenever a interest be secure for life it  be for the life of they and the long liver of they seize contra the interest  of this bind be in the obligee the husband and wife be stranger and therefore  the payment cease upon the death of either of they modern er p the whole court  be of this opinion and ground themselves upon that distinction in Brudnels  case betwixt where the beneficiary and vie have a interest and the case of  collateral limitation they say also that in some case a interest will not  survive as if a office be grant to two and one of they die unless there be  word of survivorship in the grant so the plaintiff be bar michaelmas term the  twentysixth of Charles the second in the common plea sir John Vaughan Knt  chief justice sir Robert Atkins Knt sir Hugh Wyndham Knt sir William Ellis Knt  justice sir William Jones Knt attorneygeneral sir Francis winnington Knt  solicitor general
case Slingsby against a settlement of money to be pay to such child as shall  be beget c but that if the husband shall die without any child then the say  money shall be pay to a extend to a child in be at the time the settlement be  make S c Eq Abr the interest of five hundred pound be settle to be pay to the  wife for life then the principal and interest to trustee to be pay to such  daughter or daughter as shall be beget upon the body of the wife share and  share alike but if the husband shall die without modern report any daughter  then the money be to be pay to the wife at the time of make this settlement  there be a daughter whether and the husband die without any other daughter it  be insist that this daughter be entitle to nothing under this settlement  because be in be at the time when it be make she be not within the word of the  settlement which run in the future tense as shall be beget upon the body of  the wife share and share alike but Parker Lord chancellor declare that this be  to put the most absurd interpretation upon a settlement that can be suppose  videlicet that parent shall be solicitous for child in embrio and unborn and  take no care of a child in be that the futurity mean by the settlement do not  relate to the time of the birth of the daughter but to the death of the  husband at which time all the daughter then in be that be the offspring of  that coverture become entitle to the money by this settlement
case sloper against child Michaelmas term car roll a venire facias leave out  viscount may be amend after verdict by Henry c ante roll ab hob Yelv Bac ab  error the error assign be that in the writ of venire facias award to the  sheriff of somersetshire the word viscount be omit yet the sheriff of  somersetshire return the panel and his name be endorse and after habeas  corpora a swearer the jury appear the verdict and judgement be for the  plaintiff and this error be assign it be hold a clear error but because upon  the roll the writ be award viscount summer and the omittance of the sheriff be  the fault of the clerk therefore all the justice agree that it ought to be  amend and that the judgement shall be affirm unless c
case Smallwood against BERTHOUSE the ordinary be the proper judge of the age  at which a person may make a will Tremaine move for a prohibition for that the  ecclesiastical court allow a will to be prove and the party but sixteen year  of age upon a suggestion that by our law he can make none till seventeen year  old he urge   light and Pigotts case   that a administration durante those  inferior in rank lifetime be determine at seventeen year of age but after  solemn debate it be deny for that they be proper judge thereof and a appeal  lie to the delegate and whatsoever our law book say concern it it it be only  as direct by their law
case Smallwood against BRICKHOUSE the spiritual court be to judge whether a  person be capable of make a will and therefore shall not be prohibit although  they grant probate of a will make by a infant under seventeen year of age S C  Jones S C show the suggestion be that b be under the age of sixteen year have  make a will and that the prerogative court proceed to the proof of it whereas  by the commonlaw a person be not capable till seventeen year and therefore a  prohibition be pray and that the commonlaw have determine the time my Lord  coke commentary upon Littleton be cite   light b where it be say that at  eighteen year of age he may make his testament and constitute executor and the  age of a person be triable also inpais but the court say that the proof of  will and the validity of they do belong to the ecclesiastical court and if  they adjudge a person capable the court will not intermeddle for it be within  their jurisdiction to adjudge when a person be of age to make a will and  sometime they allow will make by person of fourteen year of age and the  commonlaw have appoint no time it depend whole on the spiritual law and  therefore a prohibition be deny modern er p
case smart against tailor information against a person for contrive to marry a  woman to a ideot S c Eq ab two woman be accessary to the marriage of a three  woman to one who be a idiot and who have fortyfive pound ayear in land of  inheritance and be order to attend the court stand in contempt and refuse to  appear and be commit they now petition to be discharge but one greenwood be  the principal contriver of this marriage and the friend of the idiot have no  evidence to impeach it in doctor Commons nor any evidence against this  greenwood but the petitioner it be insist that they shall not be discharge  without good security to give evidence of this contrivance which the court  think reasonable and therefore they be order to be keep in custody until they  give such evidence or good security for that purpose and it be direct that the  attorney shall cause a information to be file against greenwood and that the  prisoner shall remain in custody until they give evidence against he in like  manner
case smith against a declaration state that the defendant promise to pay in  consideration that the plaintiff will deliver up such a bind aver general that  the bind be give modern report er p up be good without state notice to the  defendant or say to who the bind be deliver a declaration on a special promise  that he will pay so much money in consideration that the plaintiff will  deliver up such a bind and aver that he do deliver up the bind Mr air object  that he do not set forth that he give notice to the defendant and that it be  not say to who the bind be to be deliver he cite the case of Hopkins v Slapers  a cro Elizabeth a roll v sharp b cro car b sir I Montague contra cite the case  of price v hill c lev S c keb c and coal case d cro Elizabeth d holt chief  justice a general promise to pay money when a bind be deliver up it must be  intend to be deliver up to the obligor though he be a three person and the  defendant ought to take notice of the delivery for he may have apply to the  obligor to have have notice for where either party may have have notice by  their own inquiry notice be not necessary in case of marriage of oneself  notice need not be aver e Applethwait v Nortley cro Elizabeth e because  marriage be of itself notorious but Powell justice doubt
case smith against Arden Hilary term Elizabeth roll ancient demesne may he  plead in abatement to a e ectment bring in the king hench ante S c   and roll  ab Inst Inst dyer show hob salk Carth burr ld raym dougl ejection firn ten the  defendant plead a ncient demesne and it be thereupon denaurred Walmsley and  Kingsmil hold it to be a good plea for at this day possession be recover so it  be a meddle with the land and a transmutation and if it be allow that ancient  demesne shall he no plea in this action all title in ancient demesne will he  try at the commonlaw and this touch the reality and for this cause be a plea  as in replevin or waste as it be rule in green case because they concern the  land Wfierefore c Warherton contra because the action be mere personal and in  trespass ancient demesne be no plea and this action be in nature of trespass  and where the action be v Elizabeth arms so that the king be to have a fine it  be hold that ancient demesne be no plea Anderson be absent and afterward the  demurrer be waive and the defendant plead the general issue vide Henry pi  Henry pi Edward pi Edward pi ass Henry dyer Edward pi   a
case smith against ash and his wife in a action against husband and wife if  the husband be take upon a capias or exigent he shall not reverse the outlawry  until the wife appear or if he sue a charter of pardon and a to know facias  upon it it shall not be allow without the wife SC Hutton cro James roll Abr  Leon cro Elizabeth hob Mod salk Bac Abr for a debt due by the wife before  marriage the husband be return outlaw and the wife waive but before the return  of the exigent one elwise a attorney procure for the wife a supersedeas  surmise that the say wife have appear by he as her attorney henden now move  that this appearance of the wife shall be receive and all the court conceive  that if upon the exigent the sheriff have return To give back see or upon  pluries capias have return to take in hand corpus for the wife then her  appearance shall be enter but not by attorney as it be here and the exigent  shall issue only against the husband and idem die shall be give to the wife  croak car but when the husband upon the exigent be return outlaw then it shall  be enter ale sans jour for the wife for the process be determine and if he  will purchase his pardon he shall not have allowance thereupon in a to know  facias unless he appear for himself and his wife but if for the husband the  sheriff shall return to take in hand corpus upon a pluries capias and a non be  invention for the wife yet a exigent shall issue against both because it be  intendable the husband may bring in his wife but if upon the exigent the  sheriff return To give back see for the husband and for the wife and she be  waive the husband shall go without die but in this case because the exigent be  return against both to be outlaw the supersedeas suppose the appearance of the  wife be mere idle and void whereupon it be disallow and the exigent appoint to  be fill against both vide Edward Edward Edward Henry Henry Henry Elizabeth  dyer Henry Edward Edward
case smith against baily a note sign for self and partner bind the partner the  declaration say quare cum Baily and how be partner and that how make a note  for himself and partner the question be if by this note Baily be bind for the  statute say sign by the party or one usual entrust to sign note for he Raymond  chief justice before the statute such sign will have bind the other partner  then the statute make such note as before the statute be bind negotiable where  a person promise for himself and company he always sign single or if he  promise single he sign for self and company per curian judgement for the  plaintiff
case smith against bartlett a plea under will c must show that the party be  insolvent at the beginning of the session debt upon a bind the late Act will c  repeal by will c a of composition of two three in number and value of the  creditor be plead in bar aver that he be indebt to the plaintiff in fortynine  pound on the seventeenth of November and do then abscond a replication and  rejoinder modern Acherly except to the declaration that the abscond ought to  be aver on the first of October that be the time on which the session begin  and to which the Act as to this part relate and this appear plain by the word  have in the clause of abscond in the statute and judgement be give for the  plaintiff modern er p
case smith against batten in covenant for nonrepair the writ of enquiry shall  be to the place where the lease be make post   a dyer cro car hob side lev Mod  sand show Carth salk term Rep covenant in London for not repair of hedge and  for not blow of the land in the county of Hertford upon nothing to say a writ  be award to the sheriff of London to inquire of the damage the damage be find  and the writ be return it be move that the writ have issue erroneous because  it be not direct to the sheriff of Hertford where the land lie and where the  damage be proper enquirable say non allocatur because the covenant be find  upon a write make in London wherefore it be adjudge accord croak James er p  croak throw hilary term James in the king bench sir John Popham Knt chief  justice sir Edward Fenner Knt sir Christopher Yelverton Knt sir Laurence  Tanfield Knt sir David William Knt justice sir Henry Hobart Knt attorney  general sir John Doderidge Knt solicitor general
case smith against BATTERTON in trespass for destroy stand in a fair though  annex to the freehold the plaintiff shall have full cost though damage be  under forty shilling if the judge do not certify SC ray SC Jones SC skin  trespass for throw down and spoil certain stand of the plaintiff in a fair a  verdict be give for the plaintiff with five shilling damage upon motion to  have full cost it be hold that the plaintiff shall have his full cost for that  it be a chattel and out of the statute car c a and if it have be annex to the  freehold yet if carry away it will be likewise out of the Act and in such case  where it appear in the record the postea need not be mark
case smith against bow if a person be convict of manslaughter on a appeal of  murder the king may pardon the burn in the hand S c ante S c holt S c ld ray  the appeal be try at the bar this term the appellee be find guilty of  manslaughter only whereupon he pray the benefit of his clergy modern report er  p and the court be of opinion that the statute which give the clergy extend to  appeal and that the burn in the hand be no part of their judgement the queen  can pardon it accord to Bigginss case a c see also Inst hob and hawk p c ch S  where this point be full discuss and all the case on the subject cite a  thereupon the appellee be immediate discharge without bail b see Elizabeth c  hawk p c c S the will c Ann c Geo c hawk p c ch sect b be pardon by the late  Act of grace
case smith against bower the Henry c extend to all discontinuances on the part  of the plaintiff as well as those on the part of the defendant and as well  after verdict as before roll Abr cro Elizabeth Yelv Mod Bac Abr bull n p dougl  error of a judgement in the king bench where debt be bring by a executor for  arrear of rend for seven year reserve on a lease for year and the demise be in  London of land in Norfolk the defendant as to two year arrear plead non a see  hawk p c croak James er p to hold off and thereupon issue be join as to the  residue he plead that the testator enter into parcel of the land demise and  hereupon issue be also join the first issue be try in Trinity term in London  and the second issue at Norfolk assize afterward but no continuance be make by  curian advisare vult from the day of the return of the distringa in London to  the day of the return of the distringa in Norfolk neither any entry of the  judgement respite until what time the second issue be try as of right it ought  to be in this case the want of this continuance be assign for error and that  it be not help by any of the statute of Jeofails but all the justice and baron  hold that it be aid by the say statute as well after verdict as before and as  croak throw well where there be two verdict as where there be but one see  easter term James roll where debt be bring in the king bench upon four  obligation to pay money three of they be try in London in Trinity term the  four be try at the lend assize after and there be not any continuance from  Trinity term unto lend assize which be much insist upon and yet judgement be  give for the plaintiff see Henry c and Ann c
case smith against bowl a lease habendum a die destroying and livery make  afterward be good ante post roll ab Bulst hob hark   light Com dig lev Cowp a  lease by a prebend for three life without except tree which have usual be  except be void ejectment of a lease make by smith a prebend to the say bowl  upon a special verdict the case be thus the prebendary be usual let with the  exception of all crabtree and such like tree render seventeen pound a year  upon the that August James the prebend make a lease of the say prebendship  omit the exception habendum a die destroying for three life render the ancient  rend and make livery the that September James the question be whether this be  a good lease to bind the successor by the statute of Henry c and Elizabeth c  croak James er p first whether this lease habendum a die destroying and livery  make after be good or not?Resolved that it be for the livery be make after the  day not work future be good enough croak throw second whether this exception  of the tree be in all former lease and omit in this lease make it void it be  resolve that it be void for there be more let than be ancient the tree and the  profit of the tree and the soil itself be except by this exception so as every  successor can have the benefit of bough and fruit yearly renew and the soil  itself whereupon they grow be except but by this new lease the tree and profit  be let and the soil itself and so more be let than ancient it be not within  the statute of Henry c and it be void by the statute of Elizabeth c for it be  not the ancient rend where there be more let than be before wherefore it be  adjudge for the plaintiff vide Henry pl dyer Edward pl     Lifords case fol a
case smith against BROMELEY rend due d September declare of as due at  Michaelmas ill a lease for a year rend Payable quarteriatim and not say to be  at the most usual feast or day of payment and avowry be make for rend due at  holiday Michael whereas it ought to have be the twentythird of September  accord to calculation Eyre justice if he have declare of a rend aretro at  Michaelmas it will have be well but here it be for a rend due at Michaelmas  therefore not good
case smith against clerk the assent to the article must he unfeigned Inst lev  prohibition the case upon special verdict be two incumbent be of the church of  Unzery Hatle in the county of Cambridge one sue the other in the spiritual  court to deprive he for not read the article and give his assent to they  accord to the Elizabeth c the issue be if he give his assent the jury find  that he read the article and say I give my consent unto they so far forth as  they agree with the word of God  And it be adjudge that it be not such  unfeigned consent as the statute intend but it ought to be absolute without  condition and a consultation be award
case smith against faldo bail in the king bench not liable to cost tax in the  exchequer Chamber ante roll ab cro Elizabeth comb salk Bac Abr in notorious  facts term Rep error be bring in the exchequerchamber of a judgement give in  the king bench and the judgement affirm and five pound cost assess pro  delation execution the record remand a to know facias be sue against the bail  to have execution against the bail as well for the principal debt as for the  five pound cost assess and upon two nihils return and execution award against  the bail it be now pray to have a supersedeas because the bail be not  Chargeable but with the damage and cost of this court and not with that which  be tax in the exchequer Chamber and of that opinion be all the court wherefore  a supersedeas be grant to avoid the entire execution and not only for the  surplusage as be pray for the writ be entire can be divide see James c b palm  Mod   hale Bulst Yelv hawk p c c   b croak James er p
case smith against FEvERELL to a action of trespass on the case for  disturbance of common the defendant may plead licence from the lord of the  manor but be must show that sufficient common be leave for the plaintiff S C  from S C than the plaintiff bring a action on the case against the defendant  set forth that he have right of common in a and that the defendant put in his  cattle videlicet horse cow hog c ita qubd communism in tam opportunity modus  to have non poluit the defendant plead a licence from the lord of the soil to  put in averia svan which be agree to comprehend hog as well as other cattle in  the most general sense the plaintiff demurrer modern er p the court after  argument be all of opinion that judgement shall be give for the plaintiff  because the defendant in his plea have not allege that there be sufficient  common leave for the commoner for the lord can let out to pasture so much as  not to leave sufficient for the commoner and though it be object that the  plaintiff may have reply special and show there be not enough livre yet it be  agree by the court that in this case e need not because his modern declaration  to that purpose be full enough and that be hang the very gist of the action  the defendant shall have plead it it be hold iriand ed that in a action upon  the case by the commoner against the lord be must particular show the  surcharge but if the action be bring against a stranger such a show as be here  be sufficient north chief justice say and it be admit that the licence be  general ad ponend averia it shall be intend only of commonable cattle and not  of hog send contra if the licence have be for a particular time
case smith against freeman severity for destruction in a original writ for  waste be a fatal variance ante   a ld ray stram Cowp dougl term Rep error upon  a judgement in waste the writ recite you statute quod nullus to make empty  vendilionem seu distridionem where it shall he destruction and it be pray that  it may he amend for it be but the default of the clerk and it be hold by all  the court that it can not he amend because it be in the original writ
case smith against graham attachment against a bailiff for take insufficient  bail a rule be grant upon a motion for a rule to show cause why a attachment  shall not issue against one chase a bailiff for take insufficient bail upon  the arrest of one at the plaintiff suit on a bill of Middlesex modern report  er p
case smith against haven a devise that if his wife educate his child she shall  have the land till they come of age give her a interest which do not determine  by her death post ante carter Godol lane Leon dyer pale yellow Dev Abr Eq pale  yellow Eq Rep hob Bac ab Powel on Dev croak Elizabeth er p trespass upon  demurrer the case be I smith by his will in write devise that if Elizabeth his  wife think good to bring up his child in learning and to find they meat drink  and apparel that then she shall have his land till I smith his son attain his  age of twentyfour year and die the wife undertake the bring up of the child  old woman diethvhefore the son come to twentyfour year of age the question be  if this be only a matter of confidence or of a interest also in the land?And  all the justice be of opinion that it be not only a confidence but a interest  and it be tie with the condition to bring up the child and if it shall  determine the child shall he without remedy for their education Elizabeth dyer  el adjournatur
case smith against haw a devise to a son for life with remainder to his son  and heir male of his body remainder to the right heir of the devisor in tail  male on the death of the devisor the son take a estate in feesimple as the  right heir Swinb term Rep Cr covenant the case upon demurrer be William Redman  grandfather father and son the grandfather be seize of land in fee and devise  it to the father for life the remainder to the son and the heir male of his  body remainder to the right heir of the devisor and the heir male of his body  beget the grandfather and father die the son die without issuemale have issue  whether the say whether take husband and the husband and whether sell the land  to I S in fee and do covenant that they be seize of a sufficient and lawful  estate in feesimple and if this be a estate in tail or a feesimple in whether  who be the heir of the devisor be the question croak Elizabeth Godfrey argue  that it be a estate tail for his intent be apparent that his right heir shall  have a estate tail and it be here as full limit as if he have express limit  and appoint that he shall have a estate tail and his intent be so the law will  construe a estate tail his intent not be against law and cite rHusseys case  Henry bro pound Henry pl by Paston coke contra it be a feesimple for immediate  by the death of the grandfather the remainder do vest in the father as his  right ir and vest in he as feesimple and can by matter subsequent he convert  into a estate in tail and so it be adjudge croak Elizabeth er p
case smith against HELAY a be tenant for life with remainder to his old issue  at the time of his death and have issue a son levy a fine in fee and die  within the five year the son can enter for the contingency upon which the  remainder be to vest be destroy by the fine and queen for it do not happen  till after the determination of the particular estate ante roll   b b cro car  more roll light Rep roll Abr   a   a pale yellow use comb cro James Fearne  avowry for a rend charge upon demurrer the case be that Edward Ardes the  grandfather make a feoff to the use of Catherine his wife for life remainder  to Richard his son for life and after to his old issue which shall he at the  time of his death remainder in fee to John smith Richard Ardes have issue John  his old son Edward Ardes the grandfather die Catherine let we it for year to  Richard Richard and John smith make a feoff and levy a fine with warranty and  proclamation to Helai Catherine Ardes die within five year after Richard Ardes  die John be his old issue at the time of his death enter as in his remainder  and whether the remainder be destroy by these act or that he now may enter be  the sole question Tanfield move that this be a contingent remainder and be  destroy by the feoff and fine before it happen and fall that it never shall  now take effect for if there he any disturbance before that this future use  come into be ib be destroy for ever and in this case upon the same title croak  Elizabeth er p betwixt Terringham and Ardes this court be clear in opinion  that this future use be destroy but that be upon evidence to a jury and in  chudleighs case a this point be resolve by all the justice accord and of this  opinion be the whole court but because there be none on the other side they  will advice
case smith against henry Skipwith easter term James roll if a warrant of  attorney be file of any term the nonentry of it be not error ante post Bulst  salk Mod stram Com dig Bac ab dougl error of a judgement in the common plea  the error assign be the judgement be for the defendant that there be not any  warrant of attorney for the plaintiff and a certiorari be award it be a mich  James Yelv croak James er p return that there be not any warrant of attorney  in that term wherein the action be commence and judgement give whereupon there  be two to know facias sue and return nothing and the record be mark that it  shall be reverse but the judgement be not enter upon the roll which the  defendant in the writ of error surmise to the court ut friend curiae for he  can not plead that there be warrantor attorney for another term and pray a new  certiorari and it be hold by all the court that he may well have it for  otherwise by the false surmise of the want of a entry of a warrant in one term  where peradventure it be in another term it shall be reverse and it be not  material in what term it be enter so it be enter at all wherefore it be grant  and command that the entry upon the record of the reversal shall be stay until  it be certify and thereupon the party compound see Ann c now by Geo III c  every attorney at the time of put in bail shall deposit the minute of his  warrant to defend c
case smith against HERNARD final judgement shall he give on a plea commence in  bar though it conclude in abatement   light b dyer lev vent salk will Bac Abr  debt upon a obligation the defendant plead outlawry in the plaintiff and  conclude in abatement the plaintiff plead nul tiel record the defendant have  day to bring in the record and do fail at the day and because it be debt upon  obligation in which outlawry go in bar he fail of the record the plaintiff  have judgement but otherwise it be in debt upon contract for there the queen  shall not have it
case smith against johns assumpsit will not lie upon a promise by a husband  after the death of his wife to pay a debt of his wife due before the coverture  SC Yelv side Bulst more Com dig Cowp assumpsit and declare whereas Paul  southard devise to he a legacy of seven pound and make his wife his executrix  and the defendant marry her and have diverse good of the testator in his hand  that the defendant in consideration the plaintiff will forbear to sue he for  that legacy promise to pay it and allege in fact that he forbear to sue he c  the defendant plead that his wife be dead before his promise suppose to be  make whereupon it be demurrer and afterward upon a motion adjudge for the  defendant for the wife be dead he be not Chargeable and although it be allege  that he have good in his hand yet it be not show how he have they and he be  thereby liable to the executor or administrator for they
case smith against johnson money to be bring into court on assumpsit but not  on quantum to deserve case for work do on a quantum to deserve and also a  indebitatus assumpsit upon motion to bring so much money into court and to be  strike out of the declaration the court grant it as to the indebitatus  assumpsit but refuse it as to the quantum to deserve and the court say that  such motion have be sometime modern report obtain where a quantum to deserve  and indebitatus be join together yet regular they ought not to be grant on a  quantum to deserve for who can tell what a man deserve until it be try a
case smith against kemp trespass way et arms quare enclosed space Self to  break in pieces et to go into et liberan piscariam fishing et pisces to take  in hand be good after verdict for they shall be intend the plaintiff fish S C  salk S c Carth S c skin S c holt roll Abr Yelv cro car cro James trespass be  bring against the defendant who be the owner of the soil quare way et arms  enclosed space Self the plaintiff to break in pieces et to go into et liberan  piscariam fishing to be et pisces net to take in hand c there be a verdict for  the plaintiff a motion be make in arrest of judgement and these exception take  modern first that a action of trespass quare way et arms c will not lie  against the owner of the soil it be compare to a free warren in the soil of  another and trespass quare way et arms in book warrena svan latibula the same  warrenae to strew before will not lie the proper remedy be a special action on  the case for the wrong do and so it ought to have be here second it do not lie  for take fish in liberan piscaria to fish in liberan piscaria be the same  thing as to fish in common piscaria and a commoner can bring a action of  trespass for any thing do upon the common curian in the reign of Edward the  three yearbook Edward pl ill a the like action be bring for fish in liberan  piscaria and it do not appear by the book but the action be maintainable but  if it be a fault it be cure by the verdict and it shall now be intend that  they be the plaintiff own fish see holland case lev Fontleroy v Aylmer ld ray  Sutton v moody ld ray b
case smith against m collins and three other a variance of the defendant name  in the nisi prius be fatal I t Rep Ejectionefirm e after issue join the record  of the nisi prius be at the suit of S against m sharp and three other and find  for the plaintiff and this matter be allege in arrest of judgement and that  there be no trial between the plaintiff and defendant adjudge quod plaintiff  nothing can piat per billam
case smith against malings on a avowry for a entire rend if the plaintiff  plead eviction of part of the land by elder title he must show how much in  value be evict and how the rend ought to be apportion say quaere vide   light  vent cro Elizabeth Bac ab amblers Rep replevin the defendant avow for rend of  twenty pound reserve upon a lease for year of eighty acre of land make by one  Hastings and convey the reversion to himself the plaintiff show that sixty  acre of those eighty be evict by elder title and therefore demand judgement  because the defendant avow for the entire rend the defendant thereupon  demurrer because the plaintiff ought to have show how much of land in value be  evict and what part remain for the rend be not apportionable accord to the  quantity but to the value of the land evict Popham and Tanfield be of that  opinion and that the plaintiff on his part ought to show the value of the land  evict and how the rend ought to be apportion and what part remain and to  tender it for what the value be and how the apportionment shall be be both in  his notice and because he have not do so the plea be ill in all Popham say if  the lessor take a surrender of part of the land there shall be apportionment  and there the lessor in his declaration in debt or in avowry for it ought to  show the apportionment and demand that which be due for the remainder for it  lie as well in his notice as in the lessee but of a eviction peradventure he  may not have cognizance wherefore he who plead it ought to show the value  thereof and the apportionment but William hold that the lessor ought in his  avowry or declaration to show the apportionment for he ought to take knowledge  of the eviction and of his own title and he say it be late so adjudge in the  common plea in moil v ewer a wherefore the other justice do not speak thereto  but will advice et adjournatur a cro Elizabeth see Geo c S ante croak James er  p
case smith against MELFER where a feoff of a manor be plead it shall be intend  that livery attornment and all necessary circumstance be perform ante      light if cognizance be make in right of a tenant for life it need not be aver  that he be alive error of a judgement in the common plea the error be assign  over as far as and those which be insist upon be first because in replevin  Melfer make conusance as bailiff to lady Wray for that sir William Wray her  husband be seize in fee of the manor of S and the plaintiff hold the say land  of sir William Wray by fealty and S d rend as his very tenant and make a feoff  of the manor to the use of himself and the say lady his wife for their life  and that sir William Wray die and for the rend of two year arrear after the  husband death the distress be take the issue be that the land be not within  the gift to the say lady and at the nisi prius the plaintiff be nonsuit and  judgement be give for the defendant error be thereof bring and assign because  she entitle herself to a rentservice from the plaintiff by a feoff of the  manor and do not show any attornment croak throw say non allocatur for it be  to be intend where feoff of a manor be plead that all necessary circumstance  videlicet livery and attornment be perform for otherwise it be no feoff of the  manor second the avowry be not good for he make cognizance for rend to a lady  who be tenant for life a and do not aver that she be alive say non allocatur  for the cognizance be make in her right it be sufficient aver that she be  alive and there be not any precedent of such a averment have be make it be  also necessary to be intend upon the issue which be quod be et tempore quo  plaint to be infra feodem c which be a sufficient averment that she be alive  at the time of the cognizance and be necessary imply in the plead as in the  case Elizabeth in dyer thus far seisitus c wherefore the judgement be affirm
case smith against norfolk debt by a administratrix against a lessee for rend  be well bring in the to hold off only though part of the demand accrue after  the death of the intestate f n b m cro James Reg b lev skin cro Elizabeth  Savil hob Carth side debt as administratrix to smith her husband for  twoandtwenty pound due upon a lease for year make by the intestate for one  quarter be rend due in the lifetime a   a cro James see Geo c S b say quaere  for it be say that on a writ of error the judgement be reverse roll Abr pl  croak car er p of the intestate and two quarter rend after his death the lease  be make for oneandtwenty year by the intestate out of a lease for year whereof  he be possess both of they have continuance for diverse year yet to come and  the action be bring in the to hold off only and verdict for the plaintiff Noy  and Germin move in arrest of judgement that the declaration be not good  because for the two last quarter of rend due croak car after the death of the  intestate the action ought to have be in the debet et to hold off a and for  that they rely upon hargrave case b but Jones Whitlock and myself hold that  the action be well bring in the to hold off she have the interest only as  administratrix c and that hargrave case report be not law and Jones say he  know it to be reverse in point of judgement for this cause whereupon rule be  give that judgement shall be enter for the plaintiff unless other cause be  show c
case smith against park if in ejectment on a forfeiture of a lease for  nonpayment of rend the proceed be stay on bring in the arrear the court on  affidavit that the defendant be a soldier will oblige he to give security for  the rend a lease be in strictness forfeit by nonpayment of rend the lessor  bring a ejectment the lessee by bring into court what be due for arrear of  rend with cost c obtain a rule to stay proceed upon the ejectment a see  Phillips v doelittle Mod Goodtitle v holdfast stram Stephenson v Noright black  Rep holdfast v morris will a the lessor move the court to discharge the rule  unless the defendant will modern report er p give security for the payment of  rend upon a affidavit that the defendant be a soldier and so by law entitle to  a protection the court if you will have equity you must do equity if by the  equity of the court the plaintiff lose the benefit of the forfeiture of the  lease the law give he it be but reasonable that he shall have security for the  payment of rend especial when it appear upon oath that the defendant be such a  person as be by law privilege from payment of his debt
case smith against prickman easter term car roll poor prisoner hearing  complaint on the poor prisoner Act upon demurrer adjudge by the whole court  that a man in execution for five hundred pound be not to be discharge by that  Act shower KB trinity term the thirtyfourth of Charles the second in the king  bench sir Francis Pemberton Knt chief justice sir Thomas Jones Knt sir William  dolben Knt sir Thomas Raymond Knt justice sir Robert sawyer Knt attorney  general sir Francis winnington Knt solicitor general
case smith against sharp difference between do a thing by a man and his assign  and to a man and his assign S c Mod S c salk per curium there be a difference  between do a thing by a man and his assign and to they if a thing be to be do  by a man and his assign you must there allege in the disjunctive that it be  neither do by he nor his assign but if a thing be to be do to a man and his  assign you need not mention his assign for if he have assign it over it must  be show of the other side
case smith against sharp on a covenant that the defendant or his heir shall  convey a acre to the plaintiff or to his assign a breach that he have not  convey it to the plaintiff be good without add or to his assign S c salk S c  Mod Writ of error upon a judgement by default in a action of covenant upon  article c wherein the defendant covenant that he or his heir will convey six  acre of land c to the plaintiff or his assign and far covenant that he will  offer to the plaintiff a good conveyance for the assure the say six acre to he  or his assign the breach assign be that he have not execute a conveyance to  the plaintiff himself and take no notice of his assign it be for this reason  object that the breach be not well assign for if it have be convey to his  assign the covenant have be perform as for instance a covenant be make by the  plaintiff that he his executor or assign will repair c colt v how cro  Elizabeth a the breach be that neither be his executor and assign have repair  and modern er p upon demurrer it be hold to be ill because he ought to have  assign the breach in the disjunctive accord to the covenant in the principal  case the declaration be hold good for there be a difference where a thing be  to be do by a person or his assign and to a person or his assign for in the  first case the breach must be assign that it be not do either by the one or  the other but in the last case it will be intend prima fancy to be do to the  person himself but if he assign his interest then it may be do to the assignee  whereupon judgement be give for the plaintiff
case smith against smith a demand and nonpayment of rend at the house out of  which it issue be a seize of the rend although by the grant it be make Payable  at another place post bendl Plowd     cro Elizabeth   light b roll ab hob Bac  ab assize of a rentseek in the county of Cambridge upon a special verdict the  case be that a rentseck be grant of our pound ayear by John smith to Nathaniel  his son in fee issue out of a house call the unicorn in Lynton Payable at the  annunciation and saint Michael at the house of the say Nathaniel in Lynton to  begin at Michaelmas after his decease and give sixpence in name of seize and  for rend due at the annunciation and six year before and not pay c croak car  the jury find the grant of the rend and seize give and the demand at the say  house call the unicorn at the say Feast of the annunciation and that none be  there to pay it the question be whether this be a seize for the rend arrear  the doubt be whether it be a good demand for the rend at the Feast of the  annunciation at the house out of which it be issue and not at the house where  it be Payable and it be resolve by the chief justice and myself be justice of  assize after advice have with other of the judge who be of the same opinion  that it be a good demand and a seize for not payment and that this gift of  sixpence in name of seize be good seize and the jury find all in damage  videlicet twentyfour pound not mention it to be for arrearage of rend and it  be well enough for the precedent warrant both way whereupon it be adjudge for  the plaintiff vide   light b   a and the book of entry fol hill Elizabeth rot  in Com banc Mid assize for a Rentsect see Geo c croak car michaelmas term car  in the king bench sir John Brampston Knt chief justice sir William Jones Knt  sir George croak Knt sir Robert Berkley Knt justice sir John bank Knt attorney  general sir Edward Littleton Knt solicitor general
case smith against smith in dower against a infant if he make default the  parole shall not demurrer post   light a more cro Elizabeth Leon Brownl error  of a judgement in dower in the common plea the error be that the tenant be a  infant and judgement be give against he by default this be the sole error  assign the defendant in the writ of error plead thereto in nullo be erratum so  the infancy be confess and it be now move to be no error William and Tanfield  they only be in court hold that it be not error for dower be demandable  against a infant and he shall not have his age wherefore it be reason his  default shall prejudice himself and not the plaintiff for otherwise the wife  shall never recover during his minority for he will always make default and  dower be to be favour therefore a rule be give that if other cause be not show  by such a day the judgement shall be affirm
case smith against smith on a error in fact as that a on the return of the  venire be not sheriff in nullo be erratum be no confession of it ante roll ab    cro James raym Bac ab error of a judgement in the common plea the error  assign be because the venire facias be return by sir Richard Saltingston  sheriff of Essex in tomorrow Martini the ninth caroli and that then in  tomorrow Martini the ninth caroli the say sir Richard Saltingston be not  sheriff but one Henry smith the defendant in the writ of error say that sir  Richard Saltingston be make sheriff of Essex before the return of the say writ  videlicet Decimus novembris the ninth caroli by the king patent date Decimus  novembris prout to stand open de think over upon nul tiel record plead at the  day he procure in court the letter patent whereby he be make sheriff and it be  move by Maynard that this ought to be try per pais whether he be sheriff at  such a day and not by the record of the patent for be may be discharge before  the day say non allocatur for it shall not be intend unless it be by plead  show to the court wherefore the judgement be affirm
case smith against smith on judgement against a infant he shall not be amerce  ante post     b   light a cro James dyer roll ab Com dig error of a judgement  in dower the record certify the defendant in pity and the error intend to be  assign be because the defendant be a infant and appear by guardian ought not  to be amerce the defendant move in the common plea to have it amend and it be  amend and make nothing in pity because infant and upon a writ of certiorari  this amendment be so certify and it be move by Grimston that it shall be amend  in this court and the judgement shall be affirm I doubt if such amendment may  be upon diminution allege in the record against the record certify in point of  the judgement but because it be now certify that the record at the first be  miscertified the court here will not intend that it be amend after the  judgement enter but that the record in the court there in the judgement be  well enter at the first and not misentered and that be in the case of dower  and after verdict which be to be favour the court agree that such certiorari  to aid the judgement be well award and the record be amend accord and the  judjment affirm croak car er p
case smith against the executor OF POYNDREILL a prohibition refuse because the  party apply have submit to the jurisdiction of the spiritual court post cro  James Mod Carth Com dig salk Cowp dougl term Rep term Rep if prohibition be  grant without notice the court will grant a consultation Yelv   cro James  prohibition be grant upon the Henry c for sue for a legacy of ten pound in the  prerogative court whereas the party dwell in another diocese but because the  will be prove in the spiritual court and the suit in the same court where the  probate be and there sentence give for the legacy and afterward a appeal upon  this sentence to the delegate where it be affirm and cost tax and  excommunication upon the sentence and in all this time until after the  sentence in the appeal not any endeavour make to stay these suit by the say  statute therefore have so long allow the jurisdiction of the say court be come  now too late to have a prohibition and although a prohibition be before grant  because the party have not notice to contradict it yet the court will not  compel the party to appear and plead thereto as be the usual course in such  case but upon motion grant a consultation
case smith against turnor to say that a man be not a true subject do not  import a charge sufficient certain to support a action Yelv roll Abr Leon cro  Elizabeth term Rep action upon the case for these word thou art no true  subject to the king and that I will prove the defendant plead not guilty and  find against he and it be move in arrest of judgement that these word be not  actionable because they be too general after diverse motion it be resolve by  the court that the action lie not for the word in themselves do not necessary  imply any slander which touch he in his loyalty for it may be intend that he  be not a true subject have be false in some office or be a accountant have not  make a true account and although the case of sir William Walgrave v agas a be  cite which be there resolve and adjudge that for say to a servant of the  plaintiff thou serve no true subject a action lie the reason there be because  it be show he be a justice of peace and a deputy lieutenant and near in  service about the queen and therefore such word of he will maintain a action  but be lie bare here without circumstance the action lie not wherefore it be  adjudge for the defendant b the statute of use Henry c c see hargrave   light  a a cro Elizabeth croak James er p
case smith against vanger COLGAY a administrator may maintain a action for  trespass in the lifetime of the intestate ante trespass by a administrator de  good carry away in vitd intestate after verdict it be move in arrest of  judgement that this action be not give by the Edward c but rule without  argument that the action lie by the equity of the statute for it be in equal  mischief Henry pl accord
case smith against Villars if the claimant of a earldom be arrest by the  addition of gentleman the court to prevent prejudice to his claim will allow  he to give bail without join in the recognizance SC salk the defendant pretend  to be earl of Buckingham and be arrest by the name of I Villars arm upon  motion concern bail to be put in by he the court say that he may without  prejudice put in bail by the name by which he be arrest because be a civil  action he need not join in the recognizance as the custom be in criminal cause  and that in the case of the earl of Banbury who be indict by the name of  George knoll Esq because by the course of the court he ought to join in the  recognizance and if he have enter into one by the name of George knoll it will  be a estoppel upon he therefore the court indulge he to bring other who give  bail for he by the name of George knoll Esq for their act can not conclude he
case smith and another against irish if the plaintiff die between the day of  nisi prius and the day in bank the action shall abate say quaere vide burnet v  hold post S C keb cro car Leon keb vent side Mod Mod keb keb   hob strange Com  dig judgement be enter as of Trinity term for the queen mother and a writ of  enquiry of damage be take out returnable this term and she die in the vacation  time resolve that the first be but a interlocutory judgement and that the  action be abate by her death Twisden justice some have question how you shall  come to make the death of the party appear between the verdict and the day in  bank and I have know it offer by affidavit by suggestion upon the roll and by  motion by car c in all action the death of either party between the verdict  and the judgement shall not be allege for error so as such judgement be enter  within two term after such verdict see lev salk you keb vern and by will c S  in all action commence in any court of record if either plaintiff or defendant  die after a interlocutory judgement and before a final judgement obtain and  the action be such as may be original maintain by or against the executor or  administrator of such plaintiff or defendant it shall not abate by reason of  such death see term Rep
case smith case word of uncertain import be not actionable Cowp action for  word for that whereas r smith be attaint of felony and show that the defendant  say you innuendo the plaintiff have do as ill and worse and it will cost you  as much to he quit as it cost him  Gawdy say the action lie not for the word  be uncertain for it may be when he say you have do as ill or worse he intend  he have do some great offence before God and for uncertain word a action lie  not but the other justice doubt et adjournatur and in this term Rhodes  sergeant move if these word thou art a knave and a pillory knave be actionable  and the court conceive they be not a
case smith ux plaintiff William clever ux and William farmer ux defendant at  the roll interest of money be devise to a for life and if be die without issue  then the principal to go over to another the remainder over be good the case  be that one Susan beal be possess of a considerable personal estate make her  will and thereby appoint Robert frank and Joseph fisher executor in trust to  receive and pay act and do all thing accord to the intent and meaning of her  will and have thereby devise several particular legacy devise further in the  word follow videlicet and the rest and residue of my estate unbequeathed shall  be put forth to interest by my executor and one half of the interest shall be  pay to my sister whether coal during her life and the other half of the  interest unto her daughter whether smith and she to have one half of my  household good and after her mother decease to have all the interest during  her life and my will be that if the say whether smith die without issue of her  body the principal of the residue shall be divide equal between Vernon  chancery case mary clever and Elizabeth farmer and such child as be or shall  be bear of their body then live the bill be bring by the plaintiff smith and  his wife set forth that the remainder over to clever and farmer expectant on  the plaintiff whether die without issue as void in law be of a personal and  that the whole interest of this personal Vernon chancery case er p estate be  well vest in the plaintiff whether and therefore pray that the trustee may be  direct to deliver the security and to pay the money unto the plaintiff the  defendant by answer confess the will and insist on their title by virtue of  the limitation over the case be several time argue before his honour the  master of the roll who take time to consider of it see the determination of  the court post case
case smith vers Walgrave in b r plaintiff in replevin shall not pay cost when  the writ abate ld raym SC Com dig Bac Abr Sayers law of cost cro James this be  a action of replevin the plaintiff declare for the take of his cattle in a  certain place call b the defendant plead in abatement it be lie down in the  case of Bullythorpe vers turner barn that to take in hand in elsewhere loco be  to be consider as a plea in bar and not in abatement that he take they in a  certain place call c without hoc quod to take in hand in pillage loco  peremptory or urgent call b prout c et pro returno to have he avow c the  plaintiff confess the caption to be in c and thereupon the avowant have  judgement that the writ shall abate and for the return of the cattle and now  it be move by Eyre that the avowant shall have his cost but it be resolve by  the court that he shall not have cost for the statute of h c do not extend to  this case but give cost only when the plaintiff be nonsuit and the statute of  h c give cost only when the plaintiff be bar but here the plaintiff be neither  bar nor nonsuit quere for this have very much the appearance of a nonsuit in  which case the defendant shall have cost ld raym d edit but the writ only  abate and he may have a new writ and be not put to his second deliverance  comens de term sanct hill Anna in b r
case smith versus BRUNING master of the roll Dec a marriage brocage bind  decree to be deliver up and a gratuity of fifty guinea actual pay to be refund  the court not only decree a marriage brocage bind to be deliver up but a  gratuity of fifty guinea actual pay to be refund vide on this head Drury v  hook ante vol Vernon chancery case er p
case smith versus Duffield die moon of the eighth month in court lord  Rawlinson and Hutchins bill be to have provide for daughter portion on failure  of issue male by a old settlement in the brother of the plaintiff who may have  bar they by a recovery give they by will above the value of the pound it shall  be intend a satisfaction the plaintiff bill claim a provision of three  thousand pound make for daughter upon failure of issue male by a settlement in  one thousand six hundred thirtyone for the defendant it be insist that this  dormant settlement have not be take notice of in the family and have be make  sixtytwo year since be in truth forget and not regard for otherwise the  plaintiff brother who by virtue of this settlement be tenant in tail precedent  to the provision for daughter may have destroy and bar that provision and the  brother who have it then in his power I and may have destroy that provision  without make any compensation to his sister have by his will give they his  whole personal estate be of great value than the provision make they by the  settlement and therefore in conscience they ought not to make this demand and  cite the case of brook and yeoman Vernon chancery case the court be of opinion  that the devise of the personal estate ought to be take as a sufficient  compensation of the plaintiff demand and therefore dismiss the bill with cost  Reg lib b fol vide post S c
case smith versus goodman e contra Lord keeper may Edward Warnett in make his  will and thereby devise land to be sell for the payment of his debt and legacy  and the surplus after debt and legacy pay he devise to live of his relation to  each a five part of who John smith jun one of his coheir to wit a sister son  be one and make Edward goodman his other coheir his sole executor without any  devise to he of his personal estate but devise several land to he and his heir  after the will the testator mortgage part of the land devise for a term of  five hundred year to John smith sen and levy a fine sur conuzance de law for  confirmation of it it fall out that the person who he have direct to draw his  will have insert in the draught thereof a clause subject as well his personal  estate as the land direct to be sell for Vernon chancery case payment of his  debt and legacy which the testator observe he strike that clause out and tell  the drawer of his will that he intend his personal estate for his executor and  bid he insert a clause in his will to that purpose who reply that be not  necessary the clause be strike out that make it liable to debt and legacy the  executor will of course or without more have the personal estate the will be  afterward ingross leave out the clause strike out by the testator by which the  personal estate be express mention to be subject and liable to the payment of  debt and legacy and without any express devise insert of the personal estate  to the executor and for the plaintiff smith it be insist that the case of the  countess of Gainsborough ante p et vide Selwin v brown bro p c be a case in  point Vernon chancery case er p Vernon chancery case de term S michaelis in  curian porter
case smith versus loader Eq Abr c S c vern more accurate state in Vernon under  the name of smith v Burroughs brown Rep a be to procure pound for b borrow it  and pay b only pound and take other pound himself and the remain pound in good  which prove worth little or nothing and for secure the whole pound both give a  recognizance yet that be sue against b he bring this bill and have a perpetual  injunction against the recognizance on payment of pound only and interest by  reason of some circumstance of fraud in a plaintiff be a man of estate and  want pound apply to the defendant who be a scrivener to procure it for he but  tell he he will not borrow it of any mechanic but of a gentleman loader treat  with one Burroughs a vintner who agree to lend the money and the recognizance  be precedent in chancery take in name of I S a country gentleman in trust for  Burroughs and the plaintiff do not know that Burroughs be the lender of the  money and some care have be use by Burroughs that he may not know it three  hundred pound of the money be pay to the plaintiff upon his enter into a  recognizance and a day or two after pound more be pay to the defendant loader  and the other pound loader have take in wine be as he swear in his answer so  to do by Burroughs and the wine be not real worth above pound execution upon  this recognizance be sue out against the plaintiff and he bring this bill to  be relieve upon payment of the pound only which he himself have receive  pretend that this be only a contrivance betwixt loader and Burroughs the  master of the roll take it to be nothing else but a contrivance and therefore  decree a perpetual injunction against this recognizance upon the plaintiff  payment of pound with interest and upon appeal to my Lord chancellor he affirm  the decree though no other evidence than as before
case smith versus marshal the same day where a mother secret her child who be  infant service of a subpoena on her be sufficient where infant be party to a  cause and the mother secret they so as they can be serve a service of the  subpoena upon the mother be sufficient as she be the natural guardian of the  child
case smith versus the duke of chandos upon exception April item in a  partnership account relate to the particular interest of a bookkeeper will not  be support in this court Barnard Chanc Lord chancellor though this court have  go a good way in support a book of account which relate to a partnership yet I  do not know any instance where they support item in such a book that relate to  the particular interest of the officer depute by the partner to keep this  general book of account separate from the partnership affair
case smith who tam c against Langham in recite a statute a mistake in the  title of it as to the adjournment of the parliament be immaterial if the  prorogation be right allege SC skin debt on the statute car c S of conventicle  for one hundred pound against the defendant be a justice for nonfeazance of  his duty by that Act and after verdict diverse exception be make in arrest of  judgement first that the title of the Act be mistake as to the adjournment of  the parliament a it be accord to the print book which be plain wrong for it be  say adjourn such a day from a day before but per curian that be well enough  the prorogation be true allege and all the rest be trifle and immaterial  sander say the Act against buy and sell of title be mistake in the print in  some it be the that and in other on the that of January whereas on the roll it  be the that of January and for this conventicle act and the other as to the  time of the settle they it be leave to the chancery clerk who ignorant like  themselves make they as now they be print another exception take be that the  information be give to the defendant by two and the action bring only by one  answer that the action be give to any and a stranger may have bring it another  exception it say that there be at the conventicle twenty and more of the age  of sixteen year beside the family b then it come and say that for eight of  they present the informer pray a conviction and warrant but do not say these  eight shower KB be of sixteen year of age Adjournatur and afterward judgement  for the plaintiff c see a note of some resolution in this case in the Lord  sander observation upon this Act page
case SMITHBY versus hinton although a executor do actual release yet he must  be make a party to the suit Reg lib b fol it appear that defendant the survive  executor who have release put in answer and disclaimer vide blue v martial ux  p wms but executor who never administer need not be make a party go off  executor et vide Wankford v Wankford salk vide Hensloes case   letter of  administration may be take out after the commencement of the suit Humphreys v  Humphreys p wms
case smithson against cage what shall pass by a grant of a message cum  appurtenance ante Plowd   light   Cop Kitch cro Elizabeth roll salk Ch Cas lev  Com dig pale yellow ten term Rep the steward by parole of a manor may take a  surrender and examine a feme covert out of court ejectment upon evidence to  the jury at the bar a question be move there be a copyhold message call  Symonds whereto diverse copyhold land be appertain the say message call  Symonds cum appurtenance be surrender to the lord aid all his right therein  whether by that surrender the copyhold land shall pass or only the say house  with the curtelages thereto appertain Yelverton the king attorney and Walter  move that in case of a copyhold the entire land shall pass but all the court  hold that it be all one in case of a copyhold and freehold and that nothing  shall pass but the house with the orchard yard and curtelage and garden by  these word cum appurtenance a second question be move if husband and wife  copyholder in right of his wife surrender out of court into the hand of the  steward and she be examine by he it not be prove that he be steward by patent  nor any special custom to warrant croak throw it whether it be good or not?And  they all resolve that it be and Montague chief justice say that he have know  it to be so adjudge but now by and car c it be aid after verdict and by and  Ann c upon a general demurrer Lut style fitzg croak James er p
case snape against turton if tenant for life with a power appendant make a  lease for year it be no suspension of the power as to the fee W Jones   light    roll Abr hob   pow on pow coin dig term Rep upon a special verdict it appear  that Arthur Robsart Elizabeth make a conveyance to diverse use videlicet to  the use of himself for life with diverse remainder over with a proviso that if  he make a conveyance of the premise in fee or feetail that it shall be good  and a revocation of the former use and it be find that be make a lease for  year and the next day grant the reversion in fee to which the lessee attorned  b whereupon it be resolve that although there be not one entire estate in fee  convey yet both be find and that it be with a intent to make a fee to pass  that this be a revocation within the proviso croak car trinity term car in the  king bench sir John Brampston Knt chief justice sir William Jones Knt sir  George croak Knt sir Robert Berkley Knt justice sir John bank Knt attorney  general sir Edward Littleton Knt solicitor general
case sneed against sneed Feb power to make provision for child by deed be well  execute by will see Sarth v lady Blanfrey Eq Rep Sugd pow the court will not  supply a defective execution of a power in favour of a grandchild see Roger v  martial Ves S c jodrell ms vol p ms note by Mr Hargrave the that vol of Mr  Jodrells report be not in Mr hargrave collection of ms in the British museum  lib Reg b foe nom Sneyd v Trevor S c Cowp cite father have a power to make  provision for his child by deed he make it by will for child provide for and  hold good to lift v to lift wms Charles ambler er p Cas coke v armin can t  Talb nom cook v arnham S g p W saint June the power be to the husband and wife  or the survivor by any deed or deed duly execute to charge upon the land any  sum not exceed pound the husband who survive by his will declare that the  pound charge upon the estate shall be dispose of for his young child fortune  they have portion out of other estate the Lord chancellor declare that the  power be defective execute by the testator will but that such defect ought to  be make good in a court of equity and that the pound be well charge by the  testator will for the benefit of the young child lib Reg Sugd pow in note
case snell versus clay of the eighth month Sh p c tenant by courtesy shall  have the aid of equity against a trust term assign in trust to attend the  inheritance the plaintiff as tenant by the courtesy bring his bill to be  relieve against a term for year that be assign in trust to attend the  inheritance and have be set up by the heir at law in bar to his title and  decree accord that the term shall not be make use of against he by the heir at  law so decree at the roll with cost at law and in equity that Nov the  defendant not appear the defendant to be at liberty to show cause against the  say decree on pay pound to the plaintiff for that day attendance Reg lib b fol  afterward that Oct as above the cause come on upon appeal to the Lord keeper  who affirm the decree Reg lib b fol vide on the nature of right of tenant by  the courtesy judgement of sir Joseph Jekyl master of the roll in bank v Sutton  p wms though as to a dowress the determination in that case have be since  overrule vide note p there Otway v Hudson post lady Radnor v Rotheram pre Ch  Freem where Lord keeper say with reference to the principal case he have look  upon his note and now find that that point be stir in the case as to a dowress  see maundrell v maundrell Ves Ves Vernon chancery case er p
case snow against FIREBRASSE a declaration for board and lodging for several  month be sufficient certain after verdict quantum to deserve on a special  promise that whereas the plaintiff at the request of the defendant do find the  defendant with meat drink and lodging for several month be promise to pay he  what it be worth after verdict it be move in arrest of judgement that the  declaration be too incertain for the time but be after verdict it be hold well  as indeb pro to visit goods especial be execute judgement be give for the  plaintiff
case soley against Salisbury the court will open the foreclosure if there be  any unfair conduct in the mortgagee S c Eq ab a bill be exhibit by the  creditor of a mortgagor to have the estate sell for the payment of their debt  pen which suit the mortgagee obtain a decree to foreclose the mortgagor of the  benefit of redemption the court decree that the plaintiff shall redeem upon  payment of the principal and interest and cost to the mortgagee and refer to a  master to take a account thereof and that the land shall be sell to pay the  creditor a see Greswold v Marsham Ch case Godfrey v Chaldwell vern a
case some against BARWISH tenant in common must join in a action for a  nuisance to their land so must the devisee for a nuisance continue from the  time of the devisor post   light a Henry b   a side cro Elizabeth yely salk  Com dig Bac Abr ld ray burr action upon the case for a nuisance erect it be  resolve per totan curian where a nuisance be make to the land of two tenant in  common that they shall join in the action for it be personal and concern the  profit of the land and as they shall join in trespass so they shall join in  this action but in forge of false deed they shall sever for that concern the  inheritance of the land a it be also hold that for a nuisance erect in the  time of the devisor and continue afterward as this case be the devisee shall  join in the action for the continuance thereof be as the new erect of such a  nuisance
case somerset against Markham prohibition ante post Cowp prohibition to stay a  suit in the admiralty court it be agree per curian that if one sue in the  spiritual court for a matter whereof they have jurisdiction and therein a plea  be plead which be triable at the commonlaw vet if they will allow the plea  they shall have jurisdiction thereof and try it otherwise a prohibition lie it  be also hold that if one answer to a suit in the spiritual court and suffer  sentence to pass against he he never shall have a prohibition a and if he  bring a appeal the defendant in the appeal shall not have a prohibition and  this be the principal case here and rule accord
case Somerton against doctor cotton parson of Finchley a prescription that  such land parcel of the manor be hold as a recompense for all tithewood within  the parish be good post hob cro James sand prohibition for tithe of wood and  surmise that within the parish be such a custom that all the parson of the say  church timew hereof d to have et to rejoice to be such land parcel of the  manor of Finchley in recompense of all tithe of wood within the say parish and  it be thereupon demurrer Harris sergeant move that this prescription be not  good for the land now in question whereof tithe be demand be not aver to he  parcel of the manor and then the land parcel of the manor can be say to be a  recompense for all the other land within the parish wherewith the lord of the  manor have nothing to do Popham chief justice it may he that at the beginning  all the land within the parish be parcel of the manor and that then this  allowance of the profit of this land be allot in discharge of tithe of all the  wood within the same parish and that at the first it be all the land of the  allotter wherefore it be adjudge for the plaintiff by the assent of all the  justice vide Pigot v hear post
case SONHAM against trundle the party must he convict before he can he  excommunicate for strike in a churchyard ante I Ven t dyer in marge burr hawk  and the case there cite ffac Abr b r h trespass of battery the defendant plead  excommunication in the plaintiffipso facto for that he have strike in the  churchyard by the statute of Edward c without show a excommunication by the  ordinary or under his seal and for this cause it be rule to he ill for  although the statute say that he shall he excommunicate Self fadto yet that be  to he intend after a sentence declaratory or conviction for otherwise there be  not any mean for his absolution the court Popham absent resolve it to he no  plea and give rule that it shall not he receive but that a nothing to say  shall he enter unless other sufficient plea he plead by such a day
case Sour against Bradfield Trinity term Elizabeth roll a unliquidated claim  may he submit and if of the sum due it be award videlicet that a shall pay S  and b S several action may he bring hob   noise Max Bac ab p will dougl Cowp  debt for forty shilling upon a arbitrament whereas the plaintiff claim from  the defendant and one I S five pound expend for they pro to visit negohis and  they have submit themselves to the arbitrament of sir William Paston for it  who arbitrate that the defendant and I S shall pay to the plaintiff four pound  videlicet the one forty shilling and the other forty shilling and for the  forty shilling to he pay by the defendant he bring this action and it be  thereupon demurrer first because this be a debt certain which ought not of  itself to he put in arbitration say non allocatur for although a debt upon a  bill or contract can by itself he put in arbitrament yet this five pound be  claim as expense pro to visit pain and so may he well put in arbitration  second it be allege that this action ought to have be joint against they both  for the four pound and not several say non allocatur for the videlicet make it  as several arbitraments for both wherefore it be adjudge for the plaintiff
case SOUTHBYS case in the court of ware by the equity of the Henry c if land  be settle to the mother for life remainder to the father for life remainder to  the heir of his body with reversion to the son in fee the lord shall have the  wardship of the heir within age and not his mother dyer     light   more this  case be move before Popham chief justice of the king bench Anderson chief  justice of the common plea and Fleming chief baron assistant of the court of  ware one Robert Southby seize in fee of land hold in capite of the annual  value of one hundred pound in consideration of the marriage of Marmaduke his  three son with Isabel Newton convey part thereof to the value of ten pound per  annum to the use of Isabel the wife of his son for life remainder to the say  Marmaduke his son for life remainder to the heir of the body of the say  Marmaduke remainder to a clark v Gilbert hob croak James er p the right heir  of the say Marmaduke the son afterward Robert Southby the father die seize of  the residue and his so sue livery and afterward Marmaduke the son die Isabel  his feme survive he his son be within age the question be whether he shall be  in ware for his body live the mother tenant for life it be resolve by they and  by pepper the surveyor and Heskot the attorney that he shall be in ware by the  equity of the statute of Henry c a where two purchase to they and the heir of  the one and he who have the inheritance die his heir shall be in ware so where  the limitation be to the one for life and the remainder to another in fee he  shall be in ware by the equity of this statute and Popham say it be so resolve  in the case of one wiseman
case SOUTHERSS case the marshal be bind to take notice of commitment in court  southers marshal be complain against by Whitacre for that he wilful suffer a  person bring up upon a habeas corpus and commit in court to escape the marshal  without more ado be oblige to take notice of all commitment in court per  curian if one be in custody upon a criminal and also upon a civil matter and  he will move himself up by habeas corpus there ought to be but one habeas  corpus either on the crown side or on the plea side and both cause ought to be  return
case Southold against DAUNSTON Trinity term car roll to accuse another of  adultery per quod he lose his marriage be actionable ante post roll Abr cro  James Com dig bull n p term Rep action for word whereas he be of good name and  fame and be in communication to be marry to such a woman with who he shall  have have such a portion that the defendant to scandalize he and to hinder and  deprive he of his marriage speak these word of the plaintiff Southold have be  in bed with Dorchesters wife whereby he lose his marriage after verdict upon  not guilty plead and find for the plaintiff bing sergeant move that these word  be not actionable for it may be he be in bed with her when he be a child she  be his nurse or it may be that her husband be in bed betwixt they and word  shall be take in mild sensum when any construction can be make to help it but  Jones and myself conceive that be speak to disgrace he and deprive he of his  marriage and be show that he be deprive of his marriage he have good cause of  action and such foreign intendment as have be allege shall not be take but it  shall be adjudge ex execution to say which be here to hinder he of his  marriage as it be now find by the verdict but they will advice thereof and it  be afterward adjudge for the plaintiff a Elizabeth b cro Elizabeth in c b a  cro James see hob croak car er p
case SOUTHWEL against brown Michaelmas term pound Elizabeth roll a declaration  in covenant that the defendant per scribe a joint agree without say adorned  with small figures be have post cro James   vent lev I salk ld raym stram  covenant the plaintiff declare that the defendant per scriplum a joint betwixt  the say defendant on the one part and the plaintiff on the other part it  agrees together agreed c after verdict it be move in arrest of judgement that  the declaration be not good because he do not allege that the write be seal to  ward off adorned with small figures but Glanville move that it need not for it  be per scribe suum factum c it agrees together agreed c and therefore the seal  and delivery shall he intend for it can be factum without those circumstance  the court say if this word factum be in it may peradventure be good for the  reason before allege but because upon view of the record it appear that this  word factum be leave out and it be only as it be before recite it be adjudge  for the defendant that the declaration be not good
case spack against spicer new trial refuse where writ of enquiry have be  execute against some trespass against ten two of they make default and the  rest be acquit by a verdict which be certify to be against evidence and a writ  of enquiry of damage against the two be execute and a new trial move for and  deny per curium because the plaintiff have damage and cost against two holt  chief justice say the jury ought not to be allow to sever the damage and that  in a action against twelve if two of they make default and the rest be acquit  against evidence yet there ought to be no new trial because there be cost once  recover in trespass bring against two if one of they make default and the  other be find guilty and damage be against he and then the modern report other  come in and a declaration be against he with a simul cum and damage against he  too be find guilty and the two posteas be return here the plaintiff may choose  de meliorib financial loss but here he shall have enter a non pro against  these two though even so I dare not warrant he a new trial
case SPACKMAN against hussey a declaration in a inferior court that the  defendant become indebt upon a account state within the jurisdiction be  sufficient the plaintiff declare in the marshal court upon a accuse  computasset infra jurisdiction c and bad judgement and now upon a motion to  set it aside it be insist that the account do not alter the duty for that may  arise in York and no other consideration be lie to entitle the court to any  jurisdiction the judgement ought not to stand but it be adjudge that the  account be sufficient to give the court a jurisdiction see Emery v Bartlett  that a action in a inferior court upon a account state need not state that the  sum in arrear concern which the party account be in arrear within the  jurisdiction of the court ld ray S c stram Stanion v Davis Mod but see Trevor  v wall that in a assumpsit in a inferior court for money have and receive the  declaration must allege that the money be bad and receive within the  jurisdiction as well as that the defendant promise to pay within it term Rep  see also show show will ld ray comp a modern report trinity term the nine of  George the first in the king bench sir John Pratt Knt chief justice sir  Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland Knt justice  sir Robert Raymond Kilt attorneygeneral sir Philip York Knt solicitor general
case Sparham against pie to say that a steal a mare or b be forswear be not  sufficient direct to support a action ante Bulst lev roll ab roll ab march Com  dig Bac ab action for these word Sparham steal a mare or else Godwin be  forswear after verdict upon not guilty plead it be move in arrest of judgement  that these word be not actionable for there be not any direct affirmance or  charge in they but Richardson for the plaintiff move for judgement for it be  show in the declaration with a averment that Godwin never swear any such  matter and then it be a speech of his own imagination as if he shall say John  style be a thief if John mokes report be true with a averment that John Nokes  never make any such report in which it have be adjudge that the action be  maintainable but all the court here hold that a action lie not for it be not a  direct slander of he and none have cause on these word to draw his life or  name in question and then it can be a loss to he wherefore without argument it  be adjudge for the defendant croak James er p
case spark against Keeble in trespass for take and destroy boppoles a plea of  book property and that they be take damage pheasant without answer the  destruction be bad S c fort trespass quare way et arms enclosed space to break  in pieces et to go into c and take away the plaintiff hop and destroy his  hoppole c modern report er p the defendant as to the force and arm plead not  guilty and justify the entry for that the place where the trespass be suppose  to be do be his the defendant own ground and that he enter and distrain the  pole damage pheasant and upon a demurrer to this plea it be insist for the  plaintiff that though the defendant may distrain the pole yet he can not  destroy they and in this plea he make no answer to the destroy they as he  ought the court No justification can be good for destroy a thing distrain for  all distress ought to be safe keep so the defendant have not answer that part  of the declaration judgement must be for the plaintiff
case spark against spark Michaelmas term Elizabeth roll if a lease he plead as  a indenture it must he so allege trespass upon demurrer in law the case be  that a lease for life be make toJ d by indenture and after by another  indenture he let it to I spark for year after the expiration or determination  of the first lease si tandin to live and further grant to I spark survivor of  they that after the death of the survivor of the say I spark the land shall  remain to the executor of I spark for twenty and one year I d die and after he  I spark die intestate whether his administrator shall have this term or  whether it ought to have vest in the executor as a purchase and not in the  testator be the sole question and for that v idem Henry pl Edward pl Edward  quid law proclaim Elizabeth dyer the court deliver not any opinion to the  matter in law for in regard of a exception to the plead judgement be give  against the plaintiff videlicet for that the defendant plead his freehold the  plaintiff by replication show that a lease be make by indenture to I d for  life and after let to I spark for ninety and nine years and c and a grant  further per iiidenturam prcedidam that after the death of I d and I spark that  it shall remain c and the second lease be not plead by indenture and  prcedictam refer to the first whereto I spark be a stranger and therefore ill  and for this cause it be adjudge against the plaintiff a
case spark against wood plea to the jurisdiction as well of inferior as  superior court must be verify on oath and tender in person while the court be  sit S c salk debt be bring in London a prohibition be move for and rule nisi  upon suggestion that the defendant bad tender for plea below that the cause  arise out of their jurisdiction and offer to make oath of the truth of his  plea now it be show that he tender the plea after the court be up whereas it  shall be in not common with others mask and in court and though a affidavit be  offer here of the truth of the plea and one turner case quote out of Lutwyche  Lutw b where a prohibition have be grant upon such a affidavit here above  without oath of it below yet by Powell powys and gold justice absent holt  chief justice the rule be discharge for in all plead that oust a court of  jurisdiction whether inferior or superior there must be oath in that very  court of the truth of the plea see and Ann c and Mr Gwillims edition of Bacon  Abr vol I c Qure if they refuse the oath
case speak against Richard a action lie against a under sheriff for money levy  under a become facias SC roll Abr SC hob SC Hutton SC Brownl SC more SC Noy SC  winch Ent a action hold to lie against a under sheriff for money levy on a  become facias as money receive to the plaintiff use and that before the writ  return and so rule in this case as likewise in a case of one Verdon of Norfolk
case spear versus lynn ux field all vern S c Eq Abr pl S c a mistake in the  title of a order amend though to charge a surety who give a recognizance to  abide the order of hear defendant give security in the usual manner to abide  the order on hear and then a decree be make and a report upon it and the  recognizance sue against field the surety for nonperformance who plead in  abatement that there be no order on hear they reply and set forth the order on  hear the report the order for confirm nisi and the order for make that  absolute but defendant rejoin that in the title of the two last order the word  ux be omit but the body of they be right and so they be not order in that  cause yet on motion the title of the order be amend by order nisi c it be now  insist that they ought not against the defendant who be but a surety and cite  the case of Northcott versus Northcott this term where on a decree against  baron and feme all the process of contempt be right till the sergeant at arm  and the order for that be only against the baron and so be the sequestration  and after the husband death a sequestration go against the wife jointure and  it be move to be amend but the party can not prevail on the other side it be  say that this be only the clerk mistake and be to carry on the justice of the  court and therefore ought to be amend and cite the case of earl and earl this  term where affidavit be order to be file after to support a sequestration be  real make before the sequestration and the order of amend be make absolute in  the principal case
case SPECCOT against shear easter term or Elizabeth roll on bind to perform  all covenant c a breach can be assign for nonpayment of rend without show a  demand except performance he plead ante more roll Abr hob cro car     dougl a  demurrer to a breach of covenant after plea of covenant perform confess the  breach and contradict the plea   light Plowd roll Rep rely b r h will debt  upon a obligation the case be that the defendant grant a rentcharge out of his  land to the plaintiff of S per annum for ten year and be oblige in l with a  condition that if he perform the covenant and agreement in the say deed ita  quod the obligee may have and enjoy the annuity accord to croak Elizabeth the  intent of the deed that then c the annuity be arrear at such a feast but not  demand by the grantee nor tender by the obligor and if hereby the obligation  he forfeit be the question and it be hold that it be not for the obligation be  for the performance of covenant general c shall not alter the nature of a  annuity but that it be Payable as if there have not be any obligation vide  Edward pl Henry pl Edward tender Br ill but because the defendant have plead  general quod perimplevit all men assembly which imply a payment of the annuity  and the plaintiff assign for breach that croak Elizabeth er p it be arrear  such a day and the defendant thereupon demurrer a whereby he confess that it  be not pay and so contradict his plea all the court absentee Anderson hold the  plea to he ill for if one covenant to make such assurance of land as the  plaintiff counsel shall advice and he plead performance of covenant he can  afterward say quod a council non devoted to advisamentum wherefore c but no  judgement be give but the plaintiff by motion of the court accept the  arrearage of the annuity with cost note that for this cause it be afterward  adjudge for the plaintiff and enter in the roll
case species of comfrey plant versus Jourdan Eq can ab pl S c Ch can S p there  be but one witness against the defendant answer the plaintiff can have no  decree vide Hobbs v Norton ante p and case cite in not there Vernon chancery  case er p
case spencer against MEDBURNE and his wife in a action for these word tell my  landlord he be a thief it must be aver that the plaintiff be the landlord  speak of ante post roll ab action for word whereas the defendant wife have  communication with I S of the plaintiff and intend to deprive he of his good  name and fame and draw he into peril of his life such a day and year speak of  the plaintiff haec England word go tell my landlord innuendo the plaintiff he  be a thief and I will cause he innuendo the plaintiff to be hang the defendant  plead not guilty and it be find against they and now Farrer for the defendant  move in arrest of judgement because it be hot allege nor aver that the  plaintiff be her landlord and that the innuendo will not help it but tailor  for the plaintiff argue forasmuch as it be lie that communication be by the  defendant wife of the plaintiff and upon that communication it be allege that  the wife say de eoden to express grief the say word go tell my landlord  innuendo the plaintiff it be a certain description that they be speak of the  plaintiff and when the jury have find they guilty it prove that the word be  speak of the plaintiff who be her landlord otherwise it can not be find to be  speak of he and justice Jones and myself be of this opinion but Berkley and  Brampston chief justice doubt thereof for if the declaration in itself be not  certain by a innuendo to be speak of the plaintiff the verdict can never aid  it and it be not here show that the plaintiff be her landlord and she may have  more landlord and non constat of who she speak wherefore curian advisare vult  and after it be advice to avoid further question that the plaintiff shall  relinquish this action and amend this fault in the second and it be order by  consent b a naturan narrow places p b say vide roll ab where it be say that in  Hilary term car judgement be give in this case against the plaintiff quod nil  to take in hand per billam croak car er p
case spencer against story slander which if true will endan er corporal  punishment be actionable post Com dig action for these word thou art a perjure  knave for thou swear this day at the leet that I bake bread in my house where  I do not after verdict for the plaintiff upon not guilty plead it be move that  a action lie not for these word for perjury can be in a leet whereof the law  take any notice but all the court hold that the word be actionable croak  Elizabeth for although it he not a perjury punishable by the statute of  Elizabeth yet it be a discredit for which a action lie wherefore it be adjudge  for the plaintiff
case spicer against spicer a devise to his wife for life pay so much a year to  his son for life convey a estate in fee ante post   light roll ab     Mod cro  Elizabeth cro car vern lev salk stram Cowp ejectment upon a special verdict  the case be that one spicer be seize of land in fee hold in soccage and  devisable in gavelkind and devise it to his wife for her life pay three pound  ayear to Thomas his son during his life and that he shall take but two load of  wood for fireboat and if she die before the say Thomas then he devise all his  land to Richard his son pay to the say Thomas three pound ayear and pay to  such one of his sister twenty shilling and to another sister twenty shilling  the wife die Richard enter the question be what estate Richard have by this  devise and it be adjudge that he have a fee for when he devise it to his wife  for life express c and to Richard general without limit the estate and appoint  he to pay to Thomas three pound ayear during his life that carry in it a  intendment that he shall have fee especial when his father therein further  will that his son Richard shall pay two other sum in gross and none of they to  be out of the profit it be by intendment and by implication a fee wherefore  upon the first argument it be adjudge for the defendant for they say that  those thing which have be so often adjudge ought to rest in peace
case spicer versus hayward vern vern pale yellow Rep wms wms case tempt Talb  ves ves plaintiff have seduce his wife sister and have several child by her  and give her some bind for payment of money as a provision for her and her  child and these bind be sue he bring a bill suggest that the bind be give for  no valuable consideration but be dismiss with good cost the plaintiff have  seduce his wife sister and have several child by her and have give her some  bind for payment of money which be intend as a provision for her and the child  and afterward give her a weekly allowance one of the bind be put in suit  against he and be bring this bill suggest that the bind be not give for money  lend or any valuable consideration and beside that they be satisfy meaning the  weekly payment and upon the defendant answer and plaintiff letter the case  appear ut above my Lord keeper say he can do no more against the bail than  decree the payment of what be due on the bind for principal and interest with  good cost by a precedent in chancery short day or else the bill to be dismiss  with cost and say it be a pity he can do no more precedent in chancery er p
case spire against ross quere if a defendant in a action for perjury on  Elizabeth c be entitle to cost Hutton Brownl Leon and salk Bac Abr hawk vide  burrow in point action upon the Elizabeth c for perjury it be find for the  defendant and nine pound assess for cost to he it be move that cost shall not  he give against the plaintiff for he sue as a party grieve and not as a common  informer and so not within the Elizabeth c but it be answer that cost shall he  here upon the Henry c which give it upon every action upon statute gawdy this  can he for the Elizabeth c be make after that statute quere of it croak  Elizabeth er p
case sprag against richardson sheriff order to pay money levy on a become  facias a rule of court be for the sheriff to show cause upon his personal  attendance why he shall not pay money levy on execution and upon affidavit of  service Northey move for a new rule absolute to pay the money let the court  deal with he as they please but the affidavit be defective they be order to  amend it
case spring versus spring eoden die devise of land to his executor to be sell  and thereout to pay pound to a if he return from beyond sea and the residue to  b a die before testator this pound legacy be give on a contingency that never  happen be as no legacy and fall into the devise of the residuum otherwise if  it have be a absolute legacy of pound spring devise his land in Brigstock  after the decease of his wife to his executor to be sell and thereout to  retain their cost and charge and to pay pound to his nephew Thomas spring if  he come from beyond the sea and give a release and discharge for it the word  be in case he the say Thomas spring shall ever return to England and shall  come and demand and give a release and discharge for the same r l the rest and  residue of the money to be raise by sale he devise to seven person therein  name be nephew and niece Thomas spring never return and be suppose to be dead  at the time of the will Vernon chancery case the plaintiff as heir to the  testator bring his bill against the executor and residuary legatee demand to  have either the pound or to that value of the land as undisposed of and result  to he as heir at law it be admit that in the devise of the residue of a  personal estate if a legatee be dead at the time of make the will the  residuary legatee shall not have the benefit of that legacy and that it shall  not fall into the residue nothing be intend to pass by that devise but the  residue after that and other legacy pay but in this case the Lord keeper be of  opinion that the devise of pound to Thomas spring if live and shall return  from beyond sea be a contingent devise and on a condition precedent which not  happen be as if never give but if it have be a absolute devise it will not  have pass to the residuary legatee by the devise of the Vernon chancery case  er p rest and residue and dismiss the bill Reg lib b fol vide davers v due p  wms
case Springett against Chadwick a note can be plead in bar to a indebitatus  assumpsit lndebitatus assumpsit for several thing due to the plaintiff to  which declaration the defendant plead in bar that he give a note of twenty  pound to the plaintiff in full satisfaction of the debt c and upon a demurrer  to this plea the plaintiff have judgement because a note thus give be no  discharge of a debt or a duty
case SPURAWAY against rogers whether sue out a writ of error or the notice of  it be the supersedeas a capias be returnable the first day of Hilary term and  the afternoon of that day a writ of error be bring returnable in cam scacc the  next day holt chief justice it have be a shake qustio whether the sue out the  writ or the notice thereof to the plaintiff or his attorney be what supersede  the execution if the writ be test after return of the copy it do not supersede  it if a capias be out and execution thereon and then writ of error it shall  not discharge the execution and the ancient opinion have be that a writ of  error be a supersedeas from the modern report actual purchase of the writ but  that the party shall not be punish for execute it till notice but that still  it avoid the execution and if a capias be take out and execute within four day  after return of the postea it be ill by if take out within the four day and  execute after and if there be not four day in term after return of the postea  they must be make up in vacation before execution execute but note clark the  secondary tell I that a writ of error be not a supersedeas a Danv p Mod comb  Carth ante holt ld ray b dubois v Trant ante modern report er p till a  certificate take out from the clerk of the error and serve on the party Parker  v Woolaston Mod a
case SPURRAWAY against rogers a case will lie on special promise to account  but upon general delivery of good account only will lie S c ante case upon a  special promise to account the plaintiff give good to such a value and a sum  of money to the defendant be master of a ship then bind for India who promise  to bring the value of they home in India good holt chief justice if a take  good from b to account for they if they come to account though a give no true  account yet if b have agree to it it be well and if one receive good of  another and express promise to be Accountable for they or to give a account of  they case will lie if be will not account upon that promise but upon a general  bailment of good without a particular promise to account there the sole remedy  be by account and if one covenant or promise special upon receipt of good to  be Accountable for they if he will not account action upon the covenant or  promise will lie and a action of account lie upon the general receipt
case squire against johns Trinity term James roll a dyer be a trader within  the statute of bankrupt and therefore to call he bankrupt be actionable ante  cro Elizabeth cro car skin burr Com dig ld ray stram error of a judgement in  the common plea in a action for word bring by John against squire wherein he  declare whereas he be and for ten year last pass be a dyer and during all the  say time use to get his live by buy and sell that the defendant speak of the  plaintiff these word Thomas John of Hertford innuendo the plaintiff be a  bankrupt knave and be not worth threehalfpence after verdict upon not guilty  and judgement for the plaintiff error be assign that these word be not  actionable because they be speak adjective and a dyer be a mechanical trade  shall not have any action for these word and it be cite to have be adjudge  that a weaver shall not have a action for such word but no record be show  thereof but in the principal case all the court resolve that the action be  maintainable for be allege that he obtain his live by buy and sell it be  sufficient cause to bring the action and they hold a dyer to be such a trade  that for such word he may well maintain the action wherefore judgement be  affirm
case squire against YENDON a sum certain a good consideration for a  incertainty in a action on the case the plaintiff declare that the defendant  be indebt to the plaintiff in ten pound for horse meat in consideration  thereof promise to pay to the plaintiff as much as he shall deserve and after  verdict for the plaintiff John fortescue in arrest of judgement move that a  sum certain can not be a consideration for a incertainty suppose the jury have  give eleven pound ten shilling that can never be a good consideration for more  but per curian it be well enough and the plaintiff have election to bring his  action upon either
case stafford against Bateman Hilary term Elizabeth roll the cattle of a three  person levant and coucbant upon the land of the queen debtor can be sell for  such debt under a to know facias but may he distrain Com dig roll ab salk skin  comb ld ray Mod Carth trespass upon demurrer the case be that by virtue of a  become facias out of the exchequer for the queen debt the defendant take the  plaintiff hest be levant and coucbant upon the land of the debtor and sell  they for the queen debt and adjudge that it be not lawful for they be not to  he sell as the good of the debtor but they may have be distrain for the queen  debt wherefore c a
case stafford versus Southwick maii a scrivener lend pound his client money to  b and take a bind and warrant of attorney for a judgement in the client name  and keep the bind and give the client the copy of the judgement and afterward  receive the money and deliver up the bind whether b liable to pay the money  over again the defendant entrust time a scrivener to lend out pound at  interest he lend it to the plaintiff from who in he take bind and also a  warrant of attorney to confess Vernon chancery case er p a judgement in debt  for pound both in the name of the defendant to who he deliver a copy of the  judgement but keep back the bind the plaintiff afterward pay time the money  and take up the bind unknown to the defendant the defendant sue the judgement  at law the plaintiff bill be to be relieve against it Q the bind of even date  with the warrant of attorney be produce and cancel but how or by who do not  appear a trial at law be order in king b upon this issue whether or not the  plaintiff or any for he do pay the say pound principal money and interest or  how much thereof if any due on the before mention bind to the say Robert time  or his order and when he pay the same Reg lib b fol no further entry appear  vide Robert all v matthews all ante vol and case cite in not there
case stag versus punter July though at law where a person die insolvent his  executor will be allow no more for his funeral than be necessary yet if he be  lead into a great expense on this account by see large legacy leave by the  will which induce he to think the estate be solvent this court will not adhere  to the rule lie down at law that he must not exceed pound upon exception to a  master report for not allow pound for the testator funeral Lord chancellor at  law where a person die insolvent the rule be that no more shall be allow for a  funeral than be necessary at first only S then pound and at last pound vide  post I have often think it a hard rule even at law as a executor be oblige to  bury his testator before he can possible know whether his asset be sufficient  to pay his debt atkins but this court be not bind down by such strict rule  especial when a testator leaves great sum in legacy which be a reasonable  ground for a executor to believe the estate be solvent as this be the case  here I be of opinion that sixty pound be not too much for the funeral expense  especial as the testator have direct his corpse shall be bury at a church  thirty mile from the place of his death and beside there be still another  estate to be sell so that it be not clear that there will be any deficiency  and on these circumstance his lordship allow the exception to the master  report as to the sum of pound Reg lib b fol atkins er p
case stain versus Maddox in court Lord chancellor the defendant who be decree  to pay the cost be run away and the prochein any poor the solicitor be pay his  bill of cost out of money lodge in court for the benefit of the plaintiff  during their infancy by the decree in this cause the money recover be bring  into court and put out for the benefit of the infant the plaintiff and the  defendant be to pay cost and he be run away the solicitor for the plaintiff  move the court to have his bill of cost pay out of this money which be lodge  in court and insist that a solicitor be always consider to have a lie on the  money recover because it be by his mean and at his expense the prochein any  who be father to the plaintiff and very poor and stand liable to the solicitor  join in the motion and the infant the plaintiff do not oppose it and the Lord  chancellor grant the motion but with some reluctance Saturday April the that  appeal and rehear
case stainer against baker promise can be extinguish by bill under hand alone  postea Trin will the king v Woolaston Trin will may v king bind no  satisfaction for money due a bill import it be under hand and seal and not a  note in write only a promise can be extinguish by a bill under hand alone  because in law it be of no high nature a bind be no satisfaction of money due  though it may be of money before it be due
case stainer against the burgess OF DIOTWISCH canden britain to prove a  particular custom in evidence refuse S c salk upon a trial at bar a canden  britain be offer in evidence to prove a particular custom but the court will  not admit it for general history that relate to the whole kingdom be proper to  be give in evidence in a matter relate thereunto and the nature of the thing  require it when it can otherwise well be prove and modern report therefore in  the case of Neal v jay a a deed be produce date in the first year of the reign  of Philip and mary and chronicle be admit to prove that king Philip a see  Valentine v Fawcett stram dwell v martial Bl Rep S c will freeman v lady  archer Bl Rep and Com dig pleader z a see pain v master I stram a this be a  issue direct out of the court of chancery to try whether by the custom of  Droitwich saltpit can be sink in any part of the town or in a certain place  only S c salk a see also Lord brounker v sir Robert Altins where speed  chronicle be give in evidence to prove the death of Isabel queendowager to  Edward the second skin S c vent modern report er p do not use the style which  be in the deed at that time so in Robert henly case to prove the course of the  court the yearbooks be read in evidence herald book have be allow evidence in  pedigree c and register book of parish in Christian and marriage d though no  law for it for the nature of the thing require it
case STAINEROID against Locock Hilary term James roll a promise to make such a  conveyance as another shall decree in consideration that the plaintiff will  discharge a bind which the defendant have give to a three person be good and a  allegation that he pay the bind be sufficient ante on a promise to make such a  assurance as a shall devise if he devise two thing to be do the plaintiff may  allege the breach of one only assumpsit whereas there be communication betwixt  the plaintiff and the defen croak James er p daunt concern a obligation of  forty pound wherein the defendant and his father be oblige to one Newbold in  consideration that the plaintiff at the defendant request will pay to the say  Newbold sixty pound in discharge and redemption of the say bind of forty pound  before such a day that the defendant promise he will assure to the plaintiff  such a copyhold for twentyone year by such assurance as Edward Drables shall  devise and allege in fact that he pay the say sixty pound to the say Newbold  before the day in redemption of the bind of forty pound that Drables devise a  letter of attorney for the defendant to two of the tenant to surrender for the  say twentyone year and a obligation for the quiet enjoy and that he tender the  letter of attorney to the defendant to seal and he refuse the defendant plead  non assumpsit and find against he and it be now move that the croak throw  declaration be not good because it be not allege that he discharge he say non  allocatur for he can discharge the bind but to pay in discharge wherefore he  show it sufficient second because Drables devise two thing to be do and he  allege request of one only say non allocatur for the plaintiff may allege  breach in the one although the other be perform and it be in his election  which he will demand wherefore it be adjudge for the plaintiff
case Stainfield and his wife against viscount BYNDEN Michaelmas term pound  Elizabeth roll a assignment of dower by commission de dole appointed out of  the court of ware be no bar to dower at the commonlaw for the writ must issue  from the chancery dyer   Ent Mod f n b Inst Brownl   light   Mod dower the  tenant plead in bar that the wife of the demandant be endow by commission out  of the court of ware de dote appointed which she accept and demand judgement  si action c it be thereupon demurrer and after argument by the sergeant the  court resolve for the demandant for they conceive although the Henry c for the  authority to the court of ware yet the authority of the chancery be not  transmit to the court of ware for the marriage ought to pass under the great  seal the office ought to be always return into the croak Elizabeth er p  chancery the livery shall he always sue out of the chancer and all other act  save the survey of the ware land and let it for year shall he in the chancery  and not in the court of ware and therefore a assignment by commission out of  the court of ware a be void and shall not bind hlm and no act there shall bind  the heir or any other man inheritance but this dower ought to have be assign  out of the c ancery by a writ de dote appointed and if it he evict the record  shall he transmit into chancery and there she shall he endow de to make new  wherefore it be adjudge for the demandant croak Elizabeth hilary term  Elizabeth in the queen Heiich sir John Popham Knt chief justice sir Francis  gawdy Knt John Clench Esq Edward Fenner Esq justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case stamford against sims plead in replevin in replevin the defendant avow  the take in in messuagio vocal the d in such a parish note the replevin be for  good take in in messuagio vocal b and the avowry that predictum message in quo  the take be be call d without hoc that the take be in b and upon demurrer  judgement be give for the plaintiff per curian for the way have be to say that  the locus in quo the take be be call d without hoc that it be in the say  message peremptory or urgent call b and pro returno habend to make title to  the distress vide lev vent ant
case stamp against hutchins Michaelmas term pound Elizabeth roll if a person  call in a bind of a intestate and give their own bind for part of the sum with  a promise to pay the remainder it be a Administration of the intestate effect  ante I Leon I I more   term Rep debt against the defendant as administratrix  she pleadedplen to manage the jury find that the intestate be indebt to  diverse by obligation and that after his death the defendant have take in the  obligation and have oblige herself to pay the great part of the sum contain in  the obligation at certain day to come and for the residue have promise to the  party that in consideration of delivery in of the say obligation that she will  pay c and by the opinion of Anderson c j Wyndham and periam it be hold clearl  a good administration so that the property of the good of the intestate to  that value be alter and change in the defendant
case stamp against Kinsey a execution levy before judgement sign though after  the testae be void upon a demurrer it appear on the plead that a execution be  levy before the judgement be sign though after the first day of the term to  which the judgement relate and after the testae of the become facias yet hold  nought judgement be give for the plaintiff SC comb it seem however to be  settle that a executor may plead a judgement recover on a simple contract to a  action of debt on bind unless he have notice of such bind for otherwise a  executor may be ruin by the obligee keep the bind without give notice of it  Davis v monkhouse fitzg bull n p but in the case of sawyer v mercer where a  executor to a action of debt on bind plead a judgement confess on the precede  day in a simple contract debt the court be clear of opinion that the plea be  have because it do not aver that it be without notice of the plaintiff demand  for in such case only be a executor excuse term Rep see also morris v bank of  England Peer wms notorious facts a side cro car shower KB er p
case stamp against parker a release give by plaintiff after verdict and before  the day in bank must be plead by hearing complaint roll ab yely cro car cro  Elizabeth hob Mod   light a Lutw bull n p dougl term Rep term Rep ejectment  after verdict at the nisi prius for the plaintiff the defendant at the day in  banc plead a release from the plaintiff betwixt the verdict and the day in  banc and show it to the court and the question be whether he shall be receive  thereto?And resolve that he have not any day to plead it nor have he any  remedy but by hearing complaint if the plaintiff sue execution wherefore it be  adjudge for the plaintiff croak James er p
case stamp and his wife against white and his wife word actionable post cro  Elizabeth cro car Bac ab action for word for that the defendant wife speak of  the plaintiff wife these word thou art a thievish rogue and a thievish quean  for thou have steal my faggot innuendo five faggot of the say white and his  wife the defendant plead not guilty and a verdict be find for the plaintiff  Briscoe move in arrest of judgement that these word be not actionable for the  first word thievish rogue c be too general and adjective speak and do not  charge her to be a thief as for the other word thou have steal my faggot it be  impossible for a feme covert have not any good which can be steal say non  allocatur for they be word very scandalous and be to be understand accord to  common intendment that she charge her with the steal of her husband faggot and  charge her with felony and who the good be be not material wherefore it be  adjudge for the plaintiff
case stamper against Hodson if a be made fa and a can sa be take out the be  made fa can be execute after the party be take on the can sa the plaintiff  have obtain judgement in debt against the defendant sue out a become facias  and likewise a capias ad to give satisfaction at the same time and thereupon  the defendant be take in execution it be now move to quash the become facias  the court be of opinion that the plaintiff may for his own security take out  two writ but be can execute but one therefore this writ of become facias be  quash
case Standford against cooper Hilary term car roll the essoign day be in law  the first day of the term and all legal act shall relate to that day and not  the quarto die post Hutton Yelv Bulst jenk hetley Bl Rep cruise on fine pale  yellow use term Rep term Rep to know facias upon a judgement in debt in Hilary  term James against one bill the defendant be return terretenant plead a  statute acknowledge by the say bill January James and a extent by virtue of  the say statute the question be if this judgement shall relate to the first  day of Hilary term which be the twenty of January be the essoign day or only  to the twentythird of January which be quarto die post for if it relate to the  twenty of January be the essoign day it be precedent to the statute and all  the court agree that the judgement shall have relation to the essoign day for  in law it be the first day of the term and all legal act have relation  thereunto and the quarto die post be the day of grace till when for diverse  purpose no party shall be prejudice for not appear but as to common intendment  it have relation to the essoign day wherefore be upon a demurrer it be adjudge  accord for the plaintiff dyer and Henry Henry a Henry pl Henry pl and Henry pl  croak car er p
case Stanford against chamberlain judgement in the court of king bench can be  sign until four day after the return of the postea S c salk ejectment try at  the assize and a verdict for the plaintiff the judgement ought not to be sign  till the rule be out which will be in four day after the postea return which  happen in this case to be the six of may the plaintiff get his judgement sign  on the very day but it be not execute till after the six day so that the  defendant have time enough to bring a writ of error or move any thing in  arrest of judgement yet the court hold that the sign the judgement be  irregular it be before the day allow by the rule of the court and though it be  take out afterward that be not material therefore the judgement be set aside  and the party have restitutionSee lily p r turner v Barnesby salk do v  Copeland term Rep a
case stanhope against Pemperton damage separate in writ of enquiry Writ of  error of a judgement in common plea where the judgement be by default and  damage separate by writ of enquiry holt chief justice if there be two  plaintiff in many case there may be judgement for one party and non pro enter  for the other and the judgement upon the non pro be quod eat ind without die  but where the non pro be only for part of the thing demand it amount to a  release only for so much and he say a attorney may undertake for his client  but not release his cause of action
case stanley against boswel to say of a attorney that he have make a false  bill of cost be actionable I roll ab sand   b action for these word speak of  the plaintiff be a attorney thou art a cozen knave and get your live by  extortion and do cozen one pigeon in a bill of cost of l the defendant plead  not guilty and find against he after verdict it be move that a action lie not  for these word and all the court agree that for the first word thou art a  cozen knave a action lie not for they be too general and nobody know what be  intend by they and for the word thou get your live by extortion no action lie  for so he may do and he no extortioner as in the case of Stanhope thou get  your live by swear and forswear c but for the last word because they touch he  in his profession for to make a false bill be against his oath and be a great  falsity and abuse to the court they all hold the action to be maintainable and  give rule that judgement shall be enter accord c
case stanley against Osbaston it be actionable to call a shoemaker a bankrupt  cro car cro James skin Mod ld ray stram action for these word he be a bankrupt  and allege he be a shoemaker and use buy and sell of leather and it be adjudge  that the action do lie croak Elizabeth er p although the plaintiff be not a  merchant but he get his live by buy and sell
case stanley versus stock at the chancellor house Lord chancellor if obligors  be bind joint and several the obligee may sue they here several as well as at  law lev lev Hait versus Langham supply to Wentw two be joint and several bind  both die and the plaintiff who be administrator to one of the obligors file a  bill against his heir and it be object at the hear that the representative of  the other obligor ought to have be make party but the objection be overrule  because the obligee may sue they joint or several in this court as well as at  law mosely report er p Thursday July the d appeal and rehear
case STANSBYS case easter term Elizabeth roll indictment for forcible entry  ante hetley latch keb Lut keb Noy roll side yely bull show vent Leon Allen  palm roll Abr cro James Stansby be indict upon the Henry c exception be take  to the indictment because it be tali die el to make one c in messuagio c  existent liherum property I S to go into Elizabeth use I S to drive out et  disseizivit and he do not say adlunc existent liherum tenenientum for  otherwise existent liherum property may refer to the time of the indictment  take and for this cause he be discharge
case stanton against SULIARD the sheriff may bring assumpsit for his poundage  ante more cro car cro James roll ab Ro Rep Noy Jones impey Sh hawk strange  burr Cowp term Rep a sheriff can return a tale in his own cause burr Cas cro  law error in the exchequer Chamber of a judgement in the queen bench in a  assumpsit wherein the plaintiff declare that he be sheriff of Essex the  defendant assume in consideration the plaintiff will levy a execution for the  defendant to pay unto he such a sum as be allow by the Elizabeth c for a  sheriff to take upon non assumpsit plead it be find for the plaintiff and  adjudge for he and error be bring and assign that there be not any sufficient  consideration and of that opinion be Gla ivile justice for at the commonlaw a  sheriff ought not to take any fee but it be extortion and this statute be only  to discharge a sheriff from bowels cion if he take such fee only as be give he  by the statute but the statute give he not any mean to obtain they for he  ought to execute the writ at his peril otherwise he shall he punish and it be  not any excuse for he to say that the party will not pay he his fee and if he  execute it he can have a action of debt nor any other remedy for the fee give  he by the statute be not any debt in he and so it be adjudge in the common  plea in sir Ste when sum case when he be sheriff of London but the other  justice and baron hold it to be a good consideration because the execution be  make at his request and be a benefit unto he and by the statute a sheriff may  lawful take his fee and therefore may take a promise to have they pay he and  therefore they be of opinion to have affirm the judgement but then another  error be assign for that the action be bring by Suliard by the name of sheriff  of Essex and the tale de A standing round be return by himself and for this  cause the judgement be reverse
case stanton versus platt advancement by a freeman of London of a child by a  real estate no bar of the orphanagepart if there be a wife and but one child  of a freeman which be advance but in part the child shall not bring that part  into hotchpot vide dean v Lord Delaware ante p but this point do not appear in  the register book a leasehold estate devise by a freeman to a trustee for the  separate use of his daughter not to be take as part of her orphanagepart but  to go out of the legatory part Ant can Mr Platt a freeman of London have a  only daughter advance her in marriage by the settle of a real estate and the  husband and wife separate and the husband go beyond sea Vernon chancery case  Mr Platt die have by his will devise some house leasehold r l to a trustee for  the separate use of his daughter for her life and after her decease to Thomas  Stanton the plaintiff son r l first advancement by land no bar to the custom  any more than if devise or descend which be the portion of the plaintiff wife  r l so civil v rich ante vol p et vide case cite in not there and general on  the subject Fouke v lewen ante vol p and case cite in not there second if it  may go in part yet it will be the same thing because there be but one child  and the advancement in part fall in again to the child part three that what be  devise to the trustee for the daughter can go in part of orphanage nor any bar  to it but if legatory part not sufficient the legatee must abate in proportion  Reg lib b fol Vernon chancery case er p
case staple against alden if a condition be to deliver so many shoe to a a  common carrier for the use of the obligee a delivery of they to the servant of  a be sufficient and the master shall be bind by it debt upon a bind condition  to deliver forty pair of shoe within a month at holbornbridge to Henry knight  a common carrier to g for the use of the obligee the defendant plead that in  all that space of a month Henry knight do not come to London but that such a  day at holbornbridge he deliver forty pair of shoe to a g the carrier porter  to this plea the plaintiff demurrer for that the condition be to do something  to a stranger the defendant at his peril ought to perform it a see the  yearbooks Henry pl and Henry pl a like the case where the action of debt be  bring upon a bind condition that the defendant shall give such a release as  the judge of the prerogative court shall think fit the defendant plead that  the judge do not appoint any release and it be adjudge no good plea because  the obligation be on his part and he ought to tender a release to the judge  cro Elizabeth but on the other side it be say that a delivery to the servant  be a delivery to the master himself and if parcel of good be deliver to the  porter and lose a action lie against the master modern the court absent north  chief justice hold the plea to be good and that such a construction be to be  make as be accord to the intent of the party and that a delivery to the man be  a delivery to the master whereupon judgement be give for the defendant trinity  term the thirty of Charles the second in the king bench sir Richard Rainsford  Knt chief justice sir Thomas Twisden Knt sir William wile Knt sir Thomas Jones  Knt justice sir William Jones Knt attorneygeneral sir Francis winnington Knt  solicitor general
case STAPLEHILL ux versus bully Eq Abr c S c a limitation to a second son in  remainder in tail on a settlement make a the marriage of the first son and in  consideration of the wife portion make not the second son a purchaser a the  father have issue b and c his son on the marriage of b covenant before the end  of easter term then next follow to levy a fine to the use of b and the heir of  his body remainder to the use of c and the heir of his body remainder to a in  tail remainder to he in fee the fine be levy as of easter term but the  marriage be put off till after easter term the deed be not date till after so  the fine be levy before the date of the deed and by consequence the say deed  be no declaration of the use of that fine the father die and then b die leave  issue William and William be sick and have borrow some money of the defendant  who be his brotherinlaw make he a lease for year if three life so long live  under a proviso to redeem on payment of what due and within a few day after  die without issue c claim the land by virtue of the marriage settlement and  bring a ejectment but can not prevail by reason of the say defect before  mention and so he bring this bill to have the settlement make good and the  defendant lease set aside but because the limitation in remainder to he be  voluntary the consideration of b s marriage not extend to it and the  settlement not good c be but a equitable remainderman in tail at best and  William who make the lease to the defendant be also tenant in tail in equity  and may by any conveyance bar the settlement therefore the plaintiff must  redeem on the term in the for any conveyance by tenant in tail in equity be  good and decree accord
case Stapleton against friar Trinity term Elizabeth roll word actionable ante  action for word my Lord precedent of the north show Mr Stapleton his hand set  to a book whereby he have consent to the late rehels of the north but by the  mean of Mr Fai fax my Lord precedent be persuade and the matter  suppressed  After verdict for the plaintiff it be move in arrest of judgement  that a action lie not for it be not say he consent to the rehels but that his  hand be set to a book whereby he do consent c but show not who set to his hand  and it may he do by another also it be not say he consent to they in the  rehellion but the consent may he in some other matter nor that he know they be  rehels also it appear not in what they be rehels if in treason or only upon  process of rehellion curian contra in omnibus for it can be his hand if he  himself set it not to the book but another may write his name and when he say  he consent to the rehels and show not any certain person this can be otherwise  intend but that he consent to all the rehels in their rehellion but if he have  say that he consent to a and b which be rehels this peradventure may he intend  that he consent to they in some other matter as it be rule Elizabeth in brown  v Lisle where the word be he be confederate with Campion the Jesuit no action  lie for it be not say he know he to be a Jesuit nor in what manner he be  confederate with he and in this term it be adjudge for the plaintiff
case Stapleton against morse Trinity term Elizabeth roll ta prescription to  have common for all horse c will support replevin for a gelding c replevin de  can ptione One eqmi One eunuch two a cow c the defendant avow for damage  pheasant the plaintiff in bar to the avowry show that he be seize in fee of  such land and prescrihes to have common appurtenant thereto in the place where  c pro omnibus horse cow el poreis nest c and hereupon the defendant demurrer  because he do not prescrihe for gelding so the prescription do not maintain  his declaration and of that opinion be Anderson for stonehorse and gelding be  several and there ought to have be a several prescription and by such a  prescription he can put in a mare but the other justice control for the word  equus be a general name and comprise both as well horse as gelding and gelding  be call horse in general speech but for mere it be not so wherefore they hold  that the declare known croak Elizabeth er p cion be well maintain by the  prescription and they say that all the justice of sergeantsinn with who they  have confer about it except one be of the same opinion wherefore it be adjudge  for the plaintiff
case Stapleton versus cheese Eq can ab pl pre Ch S c a legacy devise to I S  when of the age of sixteen and interest in the win time I S die before sixteen  the legacy vest and shall go to the executor of I S a legacy of pound devise  to I S when of the age of sixteen and interest in the mean time to be pay  quarterly I S die before sixteen yet adjudge it be a legacy vest because it  carry interest and so it be adjudge in the case of Clobury and Lampen report  in vent Reg lib b fol Freem S c on this point vide Pawlett v Pawlett ante Vol  anon ante Jackson v farrand ante p and case cite in not there respective  knight v knight S S
case Stapleton versus Conway march Ves S c where a contract be make in England  for a mortgage of a plantation in the Westindies no more than legal interest  shall be pay upon such mortgage Lord Hardwicke say in this Cause that if a  contract be make in England for a mortgage of a plantation in the Westindies  no more than legal interest shall be pay upon such mortgage and if in such  case there be a covenant in the mortgage for payment of eight per cent  interest it will be within the statute of usury notwithstanding this be the  rate of interest where the land lie see Connor v Bellamont ante atk
case Stapleton versus Sherrard eoden die in court Lord chancellor ante case  post case the matter in question concern the right and distribution of the  personal estate of a inhabitant of the province of York who die intestate per  cur the save in the statute for distribution of Intestates estate go only to  the customary part and the testamentary part be out of the custom and must go  in a course of administration and be distribute accord to the statute Vernon  chancery case er p
case stapletons case tenant in tail covenant to stand seize to the use of  himself for life remainder to his son in tail this do not make any alteration  in his estate but he remain tenant in tail as before ante post more yely    salk Com Rep peer will a guardian appoint to a infant to enable he to suffer a  recovery in order to satisfy a purchaser ante hob cro car draw move the court  that one Stapleton of Yorkshire be tenant in tail covenant to stand seize in  consideration of the marriage of his old son to the use of himself for life  and after to the use of his old son for his life and after to the use of the  first son of his old son which shall he in tail and that afterward the old son  have issue one Gilhert Stapleton his old son the grandfather afterward upon  great cause will sell part of the land and assure more in recompense to the  son and the purchaser will not take any assurance unless the infant who be but  four year of age will suffer a recovery and yet it be conceive that the  covenant do not alter any estate croak Elizabeth and so it be adjudge in this  court in the case of Blythman v Blythman quod Walmslev Heaumond el Owen to go  away but yet to satisfy the purchaser he pray than a guardian may he allow I  to that infant that a recovery may he suffer against he as vouchee Wheroto the  court agree and therefore admit two gentleman there present the infant be  bring I to court to he guardian for he and then a recovery be have of that  land at the bar wherein the infant be vouch and he by his guardian appear and  vouch the common vouchee
case star against BUCKHOLD to call a man a drunkard be a temporal offence ante  a prohibition be grant upon the motion of Grimston to stay a suit in the arch  for these word thou art a drunkard a drunken fellow a base idle drunken fellow  because these word tend to a temporal offence and be punishable as a temporal  offence a and not punishable in the ecclesiastical court croak car trinity  term car in the king bench sir Thomas Richardson Knt chief justice sir William  Jones Knt sir George croak Knt sir Robert Berkley Knt justice William Noy Esq  attorney general sir Richard Sheldon Knt solicitor general
case star against rookbi a declaration for nonrepair of fence state that all  tenant and occupier have be use to repair they be good S c salk a action for  not repair of fence the plaintiff declare quod all men to hold et occupatores  use to repair they the counsel for the defendant say that can not be good  because they can not lie the custom for occupatores and cite the case of faldo  v ridge a Yelv S c cro James S c Noy a dent v Oliver b cro James b and Stroud  v byrt c Mod S c Mod S c skin S c salk S c comb S c comy Rep c the counsel on  the other side say that to hold may prescribe and cite the case of holbach v  Warner d cro James d and book of entry e   Ent e and say that this way of  plead be use more now than former and this be after judgement by nothing to  say but the court seem to incline that the prescription be not sufficient lie  f see rider v smith term Rep that in a action on the case for not repair a  private road lead through the defendant close it be sufficient to say that the  defendant as occupier of the close be bind to repair see also Blockley v  slater Lutw chapman v Flexman vent king v sir I bucknal ld ray f
case stare against king traverse of office traverse of a office in the  chancery two several issue be take the venire facias be ad triandum separales  exitus our men inter part connected in space sir Henry Yelverton now move that  this venire facias be ill because it do not specify what be the several issue  as it ought and so be the course and he cite that in young case a for this  cause a venire facias be rule to be misawarded it be also move that the issue  here shall be amend because in the traverse a see the ease of rider v smith  Trinity term Geo in b r term Rep a easter term James croak James er p by the  party tender to the office it be show that Philip stare grandfather to the  plaintiff be seize in fee et to go seisitus de tenement c the king attorney  traverse without hoc quod to go de property prediction modus et form predict c  the traversor ut prius to say quod to go seisitus so the omission of the word  seisitus be in the traverse for the king but it be confess on both part that  the record in the chancery be so it be therefore much doubt whether it may be  amend here without amend it first in chancery wherefore they will advice of  both point
case Starkey against berton Trinity term James roll churchwarden be a  corporation for the benefit of the parish and if one of they release a debt  due to the parish it will not bar the suit of his companion SC Yel cro  Elizabeth Henry pl roll Rep Leon strange Com dig Mod Mod salk ld raym  prohibition the case be two churchwarden sue in the spiritual court for a levy  towards the reparation of their church and have a sentence to recover and cost  assess the one release the other sue for the cost and there this release be  plead and disallow whereupon he pray a prohibition and all this matter be  disclose in the prohibition the defendant thereupon demurrer in law it be now  move that this release by the one be in the personalty shall discharge the  entire but it be resolve by all the court to the contrary for churchwarden  have nothing but to the use of their parish and therefore the corporation  consist in the churchwarden and the one sole can release nor give away the  good of the church and the cost be in the same nature which the one without  the other can discharge vide Henry pl Henry pl Edward pl and of that opinion  be all the court here wherefore it be adjudge for the defendant a it appear by  the report of this case in Yelverton who be counsel for the plaintiff in error  that in easter term James the judgement of the common plea be unanimous affirm  Yelv croak James er p
case starling against long Michaelmas term James roll a variance as to damage  between the writ and the declaration be not material post Yelv Com dig Cowp  term Rep c b dougl term Rep trespass upon the case the writ be ad damnum forty  pound the count be ad damnum sixty pound after verdict this variance be show  in arrest of judgement say non allocatur but it be hold that he shall not have  more damage than in the writ wherefore it be adjudge for the plaintiff fide  Trinity term James roll church v finch the like exception take and adjudge as  here croak throw michaelmas term James in the king bench sir John Popham Knt  chief justice sir Edward Fenner Knt sir Christopher Yelverton Knt sir Laurence  Tanfield Knt sir David William Knt justice sir Henry Hobart Knt attorney  general sir John Doderidge Knt solicitor general case memorandum the first  part of this term be adjourn videlicet from octabis michaelis unto mensae  michaelis near plague and at mensae michaelis none of the court sit until  quarto die post
case Staughton against Newcomb Michaelmas term pound Elizabeth roll variance  hetween the original and the declaration be fatal I saun Cowp error upon a  judgement in debt in the common plea the error assign be croak Elizabeth er p  because that record be qubd to bring before see in plea weak de I and when he  declare he declare for a debt of I and it be hold to be a manifest error
case STAYNROYDE against Locock where several cause of action be allege and  general damage be give if one of the cause be not maintainable the judgement  be bad post m roll ab dyer more   cro Elizabeth cro car   ray Mod Com dig  dougl to Rep to Rep assumpsit for that the defendant in consideration of such  a sum pay to he assume to assure such copyhold land to the plaintiff in such  manner as one Drables shall advice and allege in fact that Drables advice that  he shall make a surrender of that land at the next court of the manor to the  use of the plaintiff and his heir and shall enter into a obligation of forty  pound for the enjoy of that and against all person and allege the breach for  not make that surrender and for not become oblige accord to the say order the  defendant plead non assumpsit and find against he it be now move in arrest of  judgement that this breach in not enter into the obligation be ill and then  damage be give as well for that as for the other no judgement may be enter the  whole court be of that opinion for the order which Drables make that the  defendant shall make a obligation of forty pound be out of the assumpsit and  therefore the other be not bind to perform it and the breach be assign in two  thing whereof the one be not any cause of the breach of the assumpsit the  damage be give entirety be intend to be give as well for the one as for the  other and therefore ill wherefore judgement be give for the defendant
case STEBS against HENNET Trinity term Elizabeth roll plead   light ante  replevin of the take of the hest in a place call S in Warminster the defendant  avow the take damage pheasant in sixteen acre of pasture and make title to  those sixteen acre the plaintiff say that the place where the take be contain  two acre of pasture only and show the buttals of those two acre and make title  unto they and that the defendant de injurid shall proprid take the hest there  without hoc that he take the hest in prcedicto loco peremptory or urgent call  S in Warminster contain sixteen acre prout c it be thereupon demurrer and  adjudge that the traverse be croak Elizabeth er p
case stedman against page Coparceners must avow joint S c salk S c comb S c  Mod S c ld ray replevin the plaintiff declare for take brick c the defendant  make cognizance as bailiff of one John Bennet and grace his wife set forth  that one Simon Bennet be seize in fee of the land in quo c and be so seize  make a modern er p lease thereof to Griffith for fortyfour year render rend  that Simon Bennet die and the land descend to his daughter and coheiress one  whereof marry the say John Bennet and the other be the present countess of  Salisbury and so make cognizance for a moiety of the rend and upon demurrer  judgement be give for the plaintiff because one coparcener can make such a  avowry for a moiety of the rend before partition though they have several  inheritance
case stedman against page coparceners must join in avowry S c salk S c comb S  c Mod S c ld ray replevin by two coparceners one avow for the moiety of the  rend per curian coparceners be but one tenant to a prcipe they must join in  one action of trespass and so in a mortdancestor where only the right be  concern and therefore much more in replevin which go to the right and to the  possession judgement be give for the plaintiff
case stedman against Robinson in suit in inferior court it must appear the  contract be within the jurisdiction false judgement from a county court where  debt be by justice the declaration be that the defendant be indebt to the  plaintiff within the jurisdiction of the court for good sell and deliver and  because it be not allege that the contract a see whether c Tidds practice burr  Bl Rep modern report er p be within the jurisdiction judgement be reverse for  if one be indebt to another he be so wherever he go a vide vent
case steer against SHALECROFT covenant to convey at charge of covenantee he  must tender the charge S c holt it be covenant for not convey a estate  pursuant to article holt chief justice there be a manifest difference between  a covenant to make a conveyance at the charge of the covenantee and a covenant  to convey to the covenantee and he covenant to be at the charge of it for in  the first case the covenantor be not oblige to perform the tender of the  charge but in the second he be to convey at his peril and if the covenantee  will not pay he have his remedy against he upon his covenant but where the  covenant be to make the conveyance at the charge of the covenantee the  covenantor ought to modern report give notice to the covenantee what sort of  conveyance he intend to make that the covenantee may judge what charge to  tender modern report er p second when one plead a deed be must plead it accord  to its legal operation and not accord to the word thereof three if a covenant  be to make a feoff c before such a day the covenantor ought to give notice  when he will make it that the covenantee may be there to receive it by if it  be to make a feoff on a day certain but in that case the covenantor must plead  a tender on the last convenient time of that day
case STENNIL against brown the sentence of a foreign court of admiralty can be  give in evidence except under the seal of the court a condemnation of a ship  as prize in the admiralty court of France be attempt to be prove by a copy of  the condemnation subscribe by the officer of the court but Parker chief  justice who try the cause will admit of no evidence but a exemplification  modern report of the condemnation under the seal of the court a copy of a rule  of court sign by the officer of the court be no evidence in any other court  unless the judge of the court set his hand to it himself but at nisi prius the  hand of the officer be enough a bull n p ld raym a because it be the same  court
case Stephens against ETTERICK after a writ of enquiry execute and return the  plaintiff can discontinue without the defendant consent although the return be  not file SC comb SC Carth SC holt covenant Writ of enquiry award execute and  return but not file sir Francis winnington move to discontinue Quer if it can  without consent of the defendant he urge that it may with leave of the court  this judgement be but the award of a enquiry it be a interlocutory act of the  court there be nothing reduce to a certainty it be a direction of the court  more than a judgement death of one or another abate the suit in case of a  special verdict it may be earl of Oxford case cro sand where the writ be  abateable by the death of the party it be discontinuable by the plaintiff Mr  crisp e contra a continuance be where both party have a day to appear a  discontinuance be where the party be put out of court because he do not appear  he cite rastal side dyer here be no opportunity for here be no die act of  giving curian in roll Abr title Contin be this very question put upon a  verdict and hold he can here be no difference here be a judgement by nothing  to say and a enquiry award and return if the plaintiff will not enter a  continuance the defendant may in this case dolbin he can discontinue without  consent and so rule per curian I blunt v Whitaker Leon king raze Ent Thomp Ent  cro Elizabeth shower KB er p
case Stephens against KEBLETHWAYT and other a defendant in replevin can  justify take cattle damage pheasant and pray a return in his own name if he  have no special interest at the time of the distress ante post roll ab lev  stram replevin for take three cow at Blewberry the defendant cognovit  deception for that the place where be parcel of the manor of Blewberry be  waste ground and that there be one hundred copyholder there who have common in  that place and show a custom that they choose every year a surveyor of their  field who use to distrain their cattle damage pheasant and show that he be  elect surveyor accord to the custom and find the cow there damage pheasant  whereupon cognovit deception and pray return and it be thereupon demurrer  afterward it be adjudge that this avowry be not good for although peradventure  they have such a custom to make surveyor of their field and that they may  distrain damage pheasant yet that ought to be in the name of he who have the  freehold and of some commoner but not in his own right and so ought the common  croak James er p pounder but peradventure that can be any good cause of  justification to make a avowry to have return wherefore it be adjudge accord  see Geo c S
case Stephens against lewis the beneficiary and use of a rend may avow without  attornment but if he prescrihes in the distress and not in the rend it be have  a fine be levy of a rend to the use of another in fee beneficiary and use avow  without attornment and rule that he well may a exception be then take to the  avowry because he plead that I S who be the grantor be seize of the rend in  fee and that he and all his ancestor have use to distrain for that rend in the  say land c and so prescrihes in the distress and not in the rend itself and  for this cause Anderson and Glanville hold clear that the avowry be ill for  the prescription ought to have be in the rend and that the law be clear herein  William sergeant cite a case Elizabeth to he rule that a prescription allege  in the distress be good croak Elizabeth trinity term Elizabeth in the queen  bench sir John Popham Knt chief justice sir Francis gawdy Knt John Clench Esq  Edward Fenner Esq justice sir Edward coke Knt attorneygeneral sir Thomas  Fleming Knt solicitor general
case Stephens against squire if a person promise to pay a sum of money on a  matter in which he and another be interest the promise be good although it be  not reduce into write S C comb a action be bring against squire a attorney and  two other for appear modern er p for the plaintiff without a warrant the cause  be carry down to be try at the assize and the defendant promise that in  consideration the plaintiff will not prosecute the action that he will pay ten  pound and cost of suit and now a action be bring against the defendant upon  this promise the question be whether this be a void promise by the statute car  c of fraud be make in behalf of another and not in write which statute enact  that no action shall be bring to charge the defendant upon any special promise  to answer for the debt default or miscarriage of another person unless it be  in write but the court be of opinion that this can be say to be a promise for  another person but for his own debt and therefore not within this statute see  read v Nash will fish v Hutchinson will William v leaper burr a
case Stephens versus dr berry January in court Lord keeper Eq can ab pl S c  the chancellor court in Oxford have not jurisdiction of matter of freehold the  plaintiff exhibit his bill to be relieve touch some land in Cornwall and the  defendant be head of Exeter college in Oxford plead the privilege of the  university of Oxford and that he ought to be sue in the vice chancellor court  in Oxford only but his plea be overrule for that matter of freehold be except  out of the patent to the university and their court can at best have but a  lame jurisdiction as to land in Cornwall plaintiff have leave to amend his  bill without cost Reg lib b fol so it have be hold that in action for the  recovery of the possession of a term without claim title to the freehold the  university shall have no privilege because the freehold may come in question  halley case cro car Cripps and web case Litt Rep et vide aldens case   Rep  where the same principle be recognize so no jurisdiction to sequester land in  Middlesex or in mere matter of equity which be original such as to execute  agreement in specie draper v crowther vent Rep Vernon chancery case er p
case Stephenson against case a absentee freeholder shall contribute to repair  the church ante wood Inst term Rep prohibition the question be if one who have  land in a will but do not inhabit there shall he compel to he contributory to  the reparation of that parishchurch and it be resolve that he shall whereupon  consultation be award croak Elizabeth er p
case Stephenson versus hayward February Lord keeper Harcourt ante vern Eq Abr  pl Mod viner title payment pl a creditor who obtain judgement after the debtor  have make a conveyance of his estate for payment of his debt shall be pay only  in average one Beeching make a mortgage of his estate and become indebt to  Haywardin and then convey to streater another defendant in trust to pay the  debt of streater and then all his other debt in precedent in chancery average  then streater tender the money to the mortgagee which he refuse and afterward  assign the mortgage to Hayward and then Hayward obtain judgement against  Beeching on his bind of and then streater sell to the plaintiff who not have  pay their purchasemoney prefer their bill against the mortgagee and Hayward to  redeem my Lord keeper order that the plaintiff shall redeem Haywards mortgage  and deduct their cost out of the mortgage money and that the judgement shall  be pay but in proportion for though Hayward have a title at law and it be  insist that this judgement will affect the result equity in Beeching if there  be more than sufficient to pay his debt and none of the creditor of Beeching  ere make party to the suit yet my Lord keeper think that the conveyance make  for the payment of all Beechings debt be a good consideration and that be  prior to the judgement the subsequent judgement can not affect the estate and  though no creditor of Beeching be make party yet they may be bring in before  the master precedent in chancery de boundary paschae in curian porter
case Stephenson versus wilson Nov Eq can ab pl S c a action at law by a  creditor against a administrator defendant by mistake of his attorney plead a  false plea and verdict for the plaintiff though merit never try yet equity  will not relieve bill by the plaintiff a administrator to be relieve after a  special plene to manage plead and verdict and judgement thereon upon pretence  that the attorney at law without direction plead that the defendant have not  notice of the original until the that of march and have then full administer  issue take that the defendant have notice before the that videlicet on the  that of march whereas in truth he have full administer before the that of  march and in truth before the original purchase so that the right be never try  at law vide anon ante Vol bill dismiss at the roll February precede r l and  the dismission affirm upon a appeal to the Lord keeper with cost at law and in  equity and the plaintiff submit to pay what be due on the defendant bind  principal interest and cost a account be order to be take accord Reg lib b fol  vide Robinson v bell ante p
case stepney against lloyd Trinity term Elizabeth roll if a man he arrest by  process from a court which have no authority to grant it and give bind to  appear he may avoid it by duress post Inst cro car cro James style Ro ab Allen  vern Bac ab debt upon a obligation the case be that Stephens sheriff of  Carmarthen by virtue of a attachment under the Piivy seal of the court of  request take the defendant and for his enlargement he make this obligation to  appear before the queen Council attend in the court of request at Westminster  in debt hereupon the opinion of Anderson chief justice and Glanville be that  the process be not any warrant to the sheriff to take the body nor to take the  obligation for that court have not any power by commission by the statute or  by the commonlaw but the sheriff ought to ohey the process out of the court of  ware and duchy court for they be appoint by the statute wherefore they hold  that this obligation be not within the Henry c for the say statute intend only  obligation take by such who be in their custody by the course of law Wherefoie  this obligation be take per duress and so avoidable and although it be allege  that this obligation be within the statute in regard the sheriff take it by  colour of his office although he be not lawful in his custody it be  notwithstanding adjudge for the defendant croak Elizabeth er p croak Elizabeth  hilary term Elizabeth in the queen bench sir John Popham Knt chief justice sir  Francis gawdy Knt Edward Fenner Esq John Clench Esq justice sir Edward coke  Knt attorneygeneral sir Thomas Fleming Knt solicitor general
case stevens against austin in prescribe for common for a certain number of  cattle it need not say they be levant el couchant adjudge that if a man have  common for a certain number of cattle belong to a yardland he need not say  levant upon the yardland send aliter if it be for a common without number  hilary term the twentyeighth and twentyninth of Charles the second in the king  bench sir Richard Rainsford Knt chief justice sir Thomas Twisden Knt sir  William wile Knt sir Thomas Jones Knt justice sir William Jones Knt  attorneygeneral sir Francis winnington Knt solicitor general
case stevens against lawton and his wife Michaelmas term Elizabeth roll issue  afterborn can take by a grant to a and b et the dawn primogenitce offspring  successivb ante post more blow b roll roll Rep Owen vide Haqg   light a note  and b note ejection firmtv upon special verdict the case be Samson hell let  land to W his son and p his wife et the dawn croak Elizabeth primogenitce  offspring successive they have then no issue but afterward they have issue the  question be if after the death of W and p the issue shall take by way of  remainder or otherwise?And the court hold he shall take nothing for he be not  in be at the time of the grant and by the grant he be to take joint and so it  be adjudge
case stevenson case a person in execution for a debt due to the king may also  be charge in execution at the suit of a common person except he have a writ of  protection Inst godb hard roll ab dyer bunb Mod   light cro James hob cro  Elizabeth show Parker Jenkins century term Rep Stevenson be in execution for a  debt to the king adjudge against he in the exchequer be condemned in this  court in debt by a judgement and be bring to the bar by habeas corpus to be  charge in execution for this debt also bing sergeant now move that he ought  not to be charge in execution here because he be in execution at the king suit  for it be appoint by the Edward c that a common person shall not have  execution against the king debtor until he make agreement for the king debt  and then be shall have his debtor in execution and detain he until he have  make satisfaction of the debt due to himself as also of the debt which he pay  for he to the king the whole court be of that croak car opinion but forasmuch  as he have not a writ of protection the court resolve that he be out of the  statute and thereupon award that he shall be in execution as well for the  party as for the king see Henry c croak car er p
case steward against coal queen if in debt on bind tender et encore pres be  good after imparlance without allege tout tems pres Lut Mod side salk ld ray  debt upon a obligation of a thousand pound condition for the payment of five  hundred pound at such a day the defendant after imparlance plead tender of the  say five hundred pound at the day and place of payment and that none be there  to reeive and that he be yet ready to pay the plaintiff thereupon offer to  demurrer because he do not plead tout temps priest and although he tender it  at the day whereby he save it for the time yet as he do not plead tout croak  throw temps priest it shall be intend that he have forfeit his obligation and  whether he shall have judgement or no be much doubt the defendant therefore  dare not insist upon his plea but pay by direction and mediation of the court  in satisfaction of the say debt cost and damage one hundred pound beside the  five hundred pound vide dyer this plea hold good Henry pl Henry pl Edward pl  croak James er p
case steward against eddy mandamus for a administration mandamus to grant  administration to the wife of the intestate or next of kin and it be show that  there be a will pretend below and adjudge no will and a appeal of that  sentence and per curian the appeal be a suspension thereof the rule for the  mandamus be discharge see Anonymous ante ray side lev see also Anonymous stram  king v dr hay black Rep Lovegrove v Bethel black Rep a
case steward against Floyd action against sheriff for false return upon a writ  to the sheriff be first make a warrant to the bailiff of a liberty and  afterward to his own bailiff who arrest the party and suffer he to escape and  then the sheriff return to put in hand balivo upon a affidavit of the fact the  sheriff be order to attend and it be agree that a action lie against the  sheriff for the false return as non be invention c and his amercement be  estreated
case steward ux vers allen ux word which do not direct charge the party with  be a whore be not such whereon the jurisdiction of the spiritual court ought  to be disallow raym roll Rep roll Abr pl Gibs cod the plaintiff pray a  prohibition to the consistory court of London on a suit there for defamation  and the suggestion charge that there be a libel against the defendant in the  spiritual court for that the wife of the defendant say of the wife of the  plaintiff that she pick up a man in fleet street and carry he home and carry  he up stair into her bedchamber where he throw her down on the bed and put his  finger super he secreta c and the custom of London be allege by which a whore  be to be cart and therefore when there be a libel for call a woman a whore a  prohibition will be grant and the word in this libel be tantamount and  therefore it be pray here sea non allocatur for word which do not direct  charge the party with be a whore be not such whereon the jurisdiction of the  spiritual court ought to be disallow and therefore a prohibition be deny and  the authority of the case in Lut Lutw a houblon for Millner be much rely on  and though the chief justice mention a case in the king bench where a  prohibition be grant upon a libel for word which do not direct charge the  party with be a whore by express word and that the case in Lut be there cite  yet it appear that case be not much consider and therefore upon the authority  in Lut the prohibition be now deny
case stitch against wisdom I think he be a horsestealer be actionable word  action for these word many a honest man have been hang and a robbery have been  commit and I think he be at it and I think he be a horsestealer it be move  after verdict that a action lie not without a express averment he be so curian  contra they be a great slander if the defendant show not a good cause of his  think and it be adjudge for the plaintiff
case STOCKBRIDGES case if a copyhold estate he convert into a freehold it be  within the protection of Henry c ante post pale yellow ten hob side Mod Bac  Abr in notorious facts salk the case be baron and feme copyholder to they and  their heir the baron in consideration of money pay by he to the lord obtain a  estate of the freehold to he and his wife and to the heir of their body the  baron die have issue the feme enter and suffer a common recovery and his heir  enter by the statute of Henry c a and agree the entry be lawful for the  copyhold by the acceptance of the new estate be extinguish croak Elizabeth  easter term Elizabeth in the common plea sir Edmund Anderson Knt chief justice  sir William periam Knt Thomas mead Esq Hugh Wyndham Esq justice sir John  Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case Stockdale versus the Southsea company march SC barn Charles Rep the  person who name be enter in the SouthSea company book be with regard to they  the proprietor the SouthSea company have no more right to inquire who be the  true proprietor when the trust do not appear than a lord of a manor into a  right to a copyhold estate when no trust appear for the person who name be  enter in their book be to all intent and purpose with regard to the company  the proprietor a court of equity will never decree a person to pursue a  mistake or effectuate a act which he have do through ignorance after he come  to the knowledge of the reality of the fact which be the SouthSea company case  here who act under a mistake with regard to this stock as imagine it to be the  property of one person when in fact it have be transfer long since and the  property of another
case stocker and his wife against Edward easter term car roll in what case a  remainder shall vest immediate ejectment the case be a surrender of a  copyholdtenement be make to the use of himself for life and after to the use  of John his young son and the heir of his body if he attain to the age of  eighteen year and if he die before he attain to that age without issue male  then to his right heir the question be whether this be a contingent remainder  or whether it shall attach immediate upon the death of tenant for life and it  be hold that it attach immediate because of the intention of the party and  hold to be the same with sir Julius Caesar case in Jones
case Stockwell against collison commissioner entitle to fee on a quantum to  deserve S c show S c salk S c comb S c Carth S c holt assumpsit on  consideration that he have assume to serve the defendant as commissioner to  examine witness in a suit between he and b that the defendant promise to pay  he for his pain it be allege that a commissioner can not have a assumpsit on  such a promise for he ought to be indifferent and it be unlawful to be pay for  such service as a promise in consideration that the plaintiff will take a  special warrant and arrest to pay such a sum be void a Noy a if a man in  consideration of money undertake to do execution it be not good b cro James b  but per curium modern report a commissioner be name by the party and it be  intend he will favour he and therefore it be a challenge to the favour that he  be a commissioner at the denomination of the party though no principal  challenge c   light c and a commissioner take pain to attend the examination  of witness and therefore deserve recompense as well as a commissioner of  bankruptcy and there be a difference between he and a sheriff d see Stotesbury  v smith burr S c Bl Rep d judgement for the plaintiff
case Stodden against harvey Trinity term James roll the executor of a lessee  for life have a imply licence to let the cattle remain on the land for a  convenient time   light b ld ray Com dig Bac Abr term Rep plead trespass upon  demurrer the case be lessee for life of a house and pasture land die his  executor suffer his cattle to go there for six day after his death and then  remove they and in trespass justify for that time aver that in that time of  six day they can not procure any other land or place to put in the cattle  whereupon it be demurrer and whether that be a convenient time to remove they  be the question the court seem to incline that six day be but a convenient  time for the remove of their cattle and the law allow a convenient time for  their remove especial it be aver that they have not any other place to remove  they to vide Edward Edward pl but for a fault in the plea wherein he plead a  lease of the house but not of the land in the declaration mention it be  adjudge for the plaintiff
case stone against linga and other a constable acquit on a action on the case  for a false presentment be not entitle to double cost under James c ante lev  show vent Carth b r h Com dig action on the case whereas the plaintiff be  inhabitant and possess of such land for year in the parish of saint Martin and  be there liable to the payment of all duty for the reparation of the church of  the say parish and to all tax and charge within the same that the defendant be  constable of Roxborough false present that they be inhabitant in the parish of  Roxborough and possess of the say land in the parish of Roxborough and  Chargeable there to the payment of such duty by reason whereof they be compel  to pay such sum undue for which they bring this action upon not guilty plead  the defendant be find not guilty and Grimston move for the defendant to have  double cost because what be do be by virtue of his office and by the statute  of James c be ought to have double cost Atkins on the other side move that  this be a special action on the case for false presentment and not a action of  trespass or false imprisonment wherein liberty be give to plead not guilty and  give the special matter in evidence and the question be in what parish the say  land be that it be out of that statute but within the statute of Henry c which  give single cost to the defendant all the court be of this opinion and give  rule accord a see term Rep respect the extent of the rule of the prison and  the restriction under which day rule be now to be grant croak car er p croak  car easter term car in the king bench sir John Brampston Knt chief justice sir  William Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir John  bank Knt attorney general sir Edward Littleton Knt solicitor general
case stone against radish Trinity term Elizabeth roll the acceptance of a  lesser sum pendent billa can be plead in abatement to debton bind Qn if in bar  ante post debt upon a obligation the condition be for the delivery of twenty  quarter of wheat the defendant plead that pendent bind the plaintiff have  accept fifteen quarter and demand judgement of the bill and it be adjudge no  plea for it be collateral and not parcel of the sum contain in that obligation  and if it he a plea it be a plea in bar and not in abatement and it be adjudge  for the plaintiff croak Elizabeth er p
case stone against SMALCOMBE if a man on be arrest charge the plaintiff in the  action with have   the warrant it be actionable action for word whereas the  defendant be arrest by a warrant make upon a latitat direct to the sheriff of  Middlesex that the defendant speak these word this be a   warrant make by Mr  stone innuendo the plaintiff have forge that warrant after verdict upon not  guilty and find for the plaintiff it be move in arrest of judgement that these  word be not actionable for it be not allege that he forge any warrant nor be  it any forge within the statute of Elizabeth c but it be hold by the court  that the action lie for in say it be a   warrant make by he it be intend to be    by he and a great slander wherefore it be adjudge for the plaintiff
case Stonehouse against Corbett in waste if issue be join upon several plead  and the when fac recite the issue command a enquiry as the plaintiff allege  this imply that the enquiry shall be of the severable issue post roll ab Cromp  prac error of a judgement in waste in the common plea the error assign be that  diverse waste be allege to some of they the defendant plead nul waste fait to  other be plead justifiable waste to a three be plead a plea in excuse of the  waste upon these plead issue be join and a venire facias award recite the  issue and command a jury to be return to inquire if the defendant do commit  the waste as the plaintiff have declare croak car er p and for this cause roll  assign it for error because they ought to have inquire of the several issue as  they be join but because that diverse venire facias be in this manner and the  enquiry if waste be make as the plaintiff have declare imply that they shall  inquire accord to the several issue if the waste be in such manner as the  plaintiff have declare otherwise the verdict shall be against he the court  hold it to be good enough and no error wherefore rule be give to affirm the  judgement
case stoner against AUDELY word in the potential mood may qualify a indicative  context and render they not actionable ante cro James t Rep action for these  word videlicet aid I to Stoner for I have felony to lie to his charge for he  will have robbed I after verdict for the plaintiff it be allege in arrest of  judgement that the word be not actionable for perhaps the say I have f elonio  to lay to his charge of themselves be actionable but when he say further for  he will have robbed I they prove no felony but extenuate the first word and  show what he do intend and the last word be not actionable for to say one will  have robbed ine a action lie not without show some overt act put in ure which  be felony or croak Elizabeth cause to bind one to his good hehaviour for  though he have a intent peradventurehe repent of it and do no evil act and lea  cite a case adjudge in pound Elizabeth Tefful Osborne that these word scilicet  thou will have murder I be not actionable and for this cause the court incline  that a action do not lie say adjournatur
case stork against fox Michaelmas term James roll a fine of land in a parish  passes land in all the will in the parish but not e turning post roll Abr cro  car side Mod Mod vent Com dig cruise on fine ejectment upon a special verdict  it appear that there be two will videlicet Walton and street in the parish of  street a fine be levy of such land in street and whether the land in Walton  pass by that fine be the question the action be for they only And adjudge that  they shall not pass for street be a distinct will by itself and Walton be a  distinct will by itself and so find by verdict although street the parish  comprehend both yet in the fine the land in Walton shall not croak throw be  say to be comprise unless Walton have be a hamlet of street and that the fine  have be levy of land in the parish of street then all have well pass wherefore  it be adjudge accord
case stout against MARSON and cowper on writ return the appellant may be  demand and on his not come the appellee will be discharge on the day on which  a appeal be returnable it be move that the appellant shall be demand curian  there be no writ return so no appeal pen and the sheriff have all this day sit  the court to make a return but it be agree that if the writ be return they may  come and have the appellant demand and if he do not come they shall be  discharge and a motion for the appellant that the sheriff shall return his  writ be deny there be no affidavit that it be deliver to the sheriff
case STOUTFILS case brick not titheable pigeon not titheable prohibition it be  agree clear that no tithe ought to be pay for brick because it be part of the  soil and so it have be often adjud ged and it be also say that tithe shall not  be pay for pigeon unless it be by special custom
case Strache versus Francis November a rector may cut down timber for the  repair of the parsonagehouse or chancel but not for any common purpose a  motion be make on behalf of the plaintiff who be patron of the live against  the rector for a injunction to stay waste in cut down timber in the churchyard  Lord chancellor a rector may cut down timber for the repair of the parsonage  house or the chancel but not for any common purpose and this he may be justify  in do under the statute of Edward stat entitle ne rector to strew before  arbores in Cmeterio if it be the custom of the country he may cut down  Underwood for any purpose but if he grub it up it be waste he may cut down  timber likewise for repair any old pew that belong to the rectory and he be  also entitle to boat for repair barn and outhouse belong to the parsonage a  injunction be grant till the hear of the cause to stay the rector from cut  down timber except in the particular instance before mention the injunction be  grant till the hear to restrain the rector from cut down sell or carry away  timber or other tree so as to commit any waste or spoil on the premise in  question Reg lib b fol see Bradley v Strache barn Charles Rep Hoskins v  Featherstone bro Charles Rep atkins er p
case stracy against sander the payer of money shall elect on what account a  man owe money by bind and also by award suppose twenty pound by each and be  pay one twenty pound it shall be upon which of both he please for he and not  the receiver be the first agent quaere Anonymous cro Elizabeth colt v  Netterville Peer wms Heywoood v Lennox vern perris v Robert vern Goddard v Cox  stram bret v marsh vern a modern er p
case STRAKER against baines the six month require by Edward c for prove the  suggestion shall be reckon from the issue of the prohibition suggestion must  be enter prohibition be pray and a rule for it nisi c and all thing to stay in  the interim and the rule make absolute for a prohibition the last Hilary term  and a prohibition then go resolve that the six month for the suggestion shall  be reckon only from the time of the issue of the prohibition and no long the  suggestion ought to be enter in the office or else a consultation shall go
case STRANSHAM against Cullington if the spiritual court attempt to try the  boundary of parish a prohibition lie Ante roll Abr   Leon Cowp hearsay be  sufficient proof of a suggestion in prohibition but opinion be not more palm  Noy Kelly Bac Abr dougl prohibition for sue for tithe as proprietor of the  rectory of Cednain and show that the tithe do grow inter loca decimabilia of  that parish as he ought to do and that must he first prove the defendant there  plead that the land be in the parish of Ashpole and that he have pay the tithe  there and upon this they be at trial and upon this he have a prohibition for  the bind of the parish be triable by r Iq the commonlaw and upon another  prohibition for tithe unity of possession in the time of the abbot at the time  of the dissolution be surmise and prove it by the testimony of Mr hind and  another who say they have see a deed of appropriation of the parsonage to the  abbot for which they very think that there be a unity of possession at the  time of the dissolution and this be rule no proof for it may be intend not to  continue and a consultation be grant but they say that hearsay shall he allow  for a proof a more Leon Vaugb lev Mod side lev Jones ray Lut Inst Noy comb  croak Elizabeth er p
case Stratfield against dover Trinity term Elizabeth roll see earl of  Abergavenny v brace lr ex a fine by a disseizee of a estate tail of the gift  of the king and five year nonclaim shall not bar the issue in tail when the  reversion be in the crown   light a more   a cro car say vide I side will Bac  Abr burr trespass upon demurrer the case be tenant in tail of a gift from the  queen be seize the seize levy a fine with proclamation the five year pass the  tenant in tail die whether the issue shall he bind or not be the question  Anderson hold that the issue shall he bind for he be not help by the Henry c a  although it have be conceive that where a fine be levy a Qucere if it appear  that the spiritual court have no cognizance of the cause Cowp dougl term Rep  terda Rep term Rep a this statute do not extend to a estate tail make by a  subject though he afterward grant the remainder or reversion to the king    light I cruise Pigot croak Elizabeth er p by a tenant in tail his issue may he  aid by this statute which the other justice agree unto Walnisley this case be  to he well advice upon for he conceive it be to he remedy by the equity of the  statute it will croak Elizabeth otherwise he a common mischief that donee in  tail of the king will suffer a seize and the seize shall levy a fine and  thereby bar the issue b
case STRETCHPOINT against savage a declaration for use a trade from Feb to Jan  follow videlicet per dvodecim menses fresh troops be have but may be cure by  verdict debt upon the statute of Elizabeth c S for use the trade of make chart  decorate England play card from the twentythird of February until the  twentythird of January follow videlicet per dvodecim menses fresh troops not  have serve his time for seven year after verdict it be move in arrest of  judgement that the computation here be by calendar month whereas by the  statute it must be by lunar month and for this be quote the case of king v  Stowbridge a and if this shall be construe that if he use it for the time  mention here he must have use it modern report for eleven lunar month of  necessity then it will be incertain when they will begin the computation and  the defendant may be again charge for part of the time for which this recovery  now be and can plead this recovery in bar and the right way have be to say  that from such a day per eleven menses prox sequent he use it the second  exception be that chart pick be paint card and not play card for the Latin for  play card be chart of playing but per curium the Roman have not play card and  chart of playing may as well be a kite as any thing else but the other will be  fatal but be help by the verdict be find he guilty of two month lunar next  after the twentythird of February and if a man use a trade fourteen day in one  month and then cease and use again fourteen day in the next month he be not  punishable by the statute a but see allane v Exton Mod Powell v Milbourne will  Campbell v aldrich will see also term Rep b lad v widow salk c see burr e l  donative page   Litt Colefatt v Newcomb ld ray castle v Richardson stram a  Michaelmas term will modern report er p
case Stretton against brown if a inhabitant in his turn refuse to watch the  constable man put birn in the stock post lamb dalt c f Leon comb hawk dougl on  elect Cowp false imprisonment the defendant justify that he be constable of b  and that he appoint the plaintiff to watch there and because he refuse he put  he in the stock and upon this it be demurrer first because the ddfe ndantdid  not show that the plaintiff be a inhabitant there and he can appoint a  stranger to watch neither by the statute of Winchester Edward c nor by Henry c  second it be move the constable can imprison one for refuse to water but must  complain to a justice of peace and he may inflict punishment upon the refuser  three that he ought to show it be the plaintiff turn to watch curian for the  first caLse clear the plea be not good but for the second Wray c j hold that  the constable may imprison one for refuse to watch gawdy contra and for the  first cause it be adjudge for the plaintiff
case Stretton against tailor the attorneygeneral can enter a nolleprosequi to  a action who tam except for the king part of the penalty post roll Rep   b  Inst Bl Com hawk p c c S hawk c S Cowp dougl information upon the statute of  usury tampro he himself quand mpro regind the queen attorney enter a non v  ultprosequi and this be now plead in bar against the informer for all and it  be move in court Wray hold it shall he no bar but Popham attorney allege that  it can be find in any record that the party have proceed when the attorney  have enter a non v ullprosequi for they do it not without great consideration  when the information have long depend and nothing do in it and it be enter for  the ease of the subject that he shall not he grieve without cause and it be  not against reason that in personal suit the act of the one plaintiff shall  prejudice the other and here the queen be the principal and first name and if  it be pro domind regind tanl m it be clear she may discharge it and the  replication shall he in the attorney nai e only and therefore after plea plead  the queen be only party in a manner and it be adjudge within these eight year  that if the informer he nonsuit the queen can proceed and by the same reason  where the queen will not proceed it bar the party and the record of all time  warrant it but at another day it be move again Wray say they all hold that the  entry be no bar to the party and that upon conference Anderson and manwood be  of the same opinion that the party be not bar by the queen not proceed for in  that the law give the party the moiety the queen can discharge it and Wray and  gawdy deny that the nonsuit of the party do bar the queen and it be afterward  r lead that the party be not bar by this entry   b
case STRIBBLEHILL versus brett Nov Eq can ab pl pre Ch SC lease grant by  tenant in tail in consideration of procure a match set aside at the suit of  the remainderman defendant have a lease make by Thomas thynn Esq of the  impropriation of Thames for two life in reversion after another lease for life  of Mr thynn of Egham Vernon chancery case on the death of Mr thynn without  issue the estate come to the Lord Weymouth who have make a lease under which  the plaintiff claim the plaintiff bill be to set aside the defendant lease  upon surmise that the consideration of the lease be colonel brett undertake to  procure a marriage to he have between Mr thynn and the lady Ogle it be object  by the defendant counsel that the Lord Weymouth be a remainderman claim by  settlement paramount and come not in privity of estate and therefore neither  he nor his lessee entitle to controvert whether the lease be make on good  consideration or not but not allow per cur if the lease be gain by fraud or a  unjust consideration it be to be deem void and the estate discharge of it as  if no such lease have be make the court direct a issue to be try at the bar of  the court of common plea whether the lease be make in consideration of colonel  brett assist to effect or procure the say marriage two verdict for the  defendant and thereupon the bill be dismiss decree on a rehear Reg lib b fol  upon a appeal to the lord in parliament the decree be reverse and without  regard to the verdict the lease be set aside I bro p c and not there jour Ho  lord vol p et vide Hardwicke Lord chancellor observation on the judgement in  dom proc coal v Gibson ves and for the principle on which equity decree  against marriage brokage bind vide case cite in note to Drury v hook ante vol  p note the case of hall v potter Le v show p c SC be exact similar to the  principal case except only that in that case there be a bind instead of a  lease the decree in that case also be reverse Jan vide jour Ho lord vol p
case STRIBLEY versus hawkie November after a writ of execution of a decree and  a attachment serve on the defendant the plaintiff may have a injunction to the  defendant to deliver possession and next a writ of assistance to the sheriff  command he to be aid in put the plaintiff in possession Mr Newnham move for a  writ of assistance to the sheriff of Cornwall there have be a writ of  execution of the decree serve on the defendant and there have be a attachment  atkins Lord chancellor there must be a injunction to the defendant to deliver  possession the decree be for possession and then a writ of assistance direct  to the sheriff command he to be aid and assist to put the plaintiff in  possession vide Robertdeau v rous atk pen v Lord Baltimore Ves Fonbl treatise  of equity
case Strickland against thorp trespass with a continuando if the king pardon  the trespass to the time of its inception no to take in hand be necessary for  the continuando be only in aggravation SC Yelv hob salk trespass de enclosed  space to break in pieces be bring by Thorp against Strickland with a  continuando from the that June James until the that of November follow upon  not guilty plead it be find for the plaintiff and judgement thereupon but no  entry of the fine because pardonatur Strickland bring a writ of error and  assign that the judgement shall have be enter with a to take in hand pro fine  for that the king and parliament have pardon all offence commit before and  until the that of September and this trespass be allege to have continue until  the that of November follow there be but part of the trespass pardon and  therefore there shall have be a to take in hand but the court hold that the  judgement be well enter for the first trespass which be way et arms be pardon  the continaundo be as to the consume of the grass be for the increase of  damage only c croak throw trinity term James in the king bench sir Thomas  Fleming Knt chief justice sir Edward Fenner Knt sir Christopher Yelverton Knt  sir David William Knt sir John croak Knt justice sir Henry Hobart Knt attorney  general sir Francis Bacon Knt solicitor general
case stride against deering Trinity term car b r roll or a justification under  process from a inferior court must show by what authority the court be hold SC  Jones trespass for false imprisonment the defendant plead that at a court in  the borough of Melcombe king a plaint be levy against the plaintiff and  afterward a precept award returnable at the next court a by virtue thereof he  be take at such a place infra jurisdiction cur c a cro James b hob Henry pl  Smalb Henry pl Edward pl Edward pl Edward pl and authority direct be hob  Edward pl and Edward pl c   palm Rep a see Roland v veil Cowp shower KB er p a  exception be take and allow because they do not set forth how that court have  its commencement whether by charter or prescription nor what jurisdiction it  have nor when the next court be hold and judgement for the plaintiff
case stride against osborne easter term James roll if a writ of error be  direct to a chief justice to remove a judgement in person thou et associate  and the record return be of plead before b et associate nest the variance be  fatal SC ante SC comb SC holt Writ of error on a judgement in the common plea  direct to Herbert of a judgement in person we and the record be placita in  person Bedingfield and then after issue there be a entry of beddingfields  death and a to go below of Herbert quaere if this be good urge per Thompson  that the proceed in the cause till judgement be placita as well as the  declaration and here be part before Herbert per holt et the hold ill because  the placita be not before Herbert and shower KB the writ of error be quash he  cite a case in roll it be error
case stride against osborne easter term James roll in waste it be not  necessary to appear on record that the jury have the view SC post SC comb SC  holt error on a judgement in the common plea in a writ of waste first  exception take because the jury have not the view but per curian it need not  appear on record that they have the view as be resolve in the case of coal v  green lev sand second objection it be necessary there shall be a award that  they have the view or somewhat to warrant it the judgement be without per look  jurator the court the precedent be sometime without these word per look the  defendant be not to demand the view as in a writ of entry for it be there for  the tenant himself to have the view here the jury be to have it by the statute  and no need to mention the view judgement well enough without it vide raze  Entr another exception because the writ be for cut of forty tree grow sparsim  in forty acre but the jury find that he cut down forty tree in twenty acre if  this be a good find quaere if assignable for error because it be a thing for  the defendant advantage but the writ of error be quash because it be direct to  sir Edward Herbert as in person Self et associate nest but the record remove  be before Bedingfield
case stride versus gibbs freeman of London give bind to his mother to be pay  after his death this shall go out of the whole estate and not out of his  customary part only if a freeman of London give band to hismother to be pay  after his death this shall go out of the whole estate and not out of his own  customary part only
case strike together against malin Trinity term car roll a declaration for  scandalous word against a trader must aver that he be a trader at the time the  word be speak Jones cro Elizabeth cro James Yelv Com dig salk stram ld ray  burr action for word whereas the plaintiff have use per magnum time the trade  of buy and sell of cattle and diverse time buy upon his credit that the defen  a cro James b cro James a   a repeal by Geo c see I hawk ch S b cro James c  ante d it be move again in Michaelmas term and adjudge for the defendant post  croak car er p daunt say of he thou art a bankrupt the defendant plead not  guilty and find against he and because be do not say that he use the trade at  the time of speak the word but per magnum time use to be which may be diverse  year before and the action lie not unless at the time of speak the word he use  the trade of buy and sell of cattle therefore it be adjudge for the defendant
case stringer against alison where court hold shall be set forth S c ld ray  post per curium where anything be set forth to be in the court of king bench  or chancery it ought likewise to be set forth where those court be keep and  Henry pl a writ be abate for want of it a
case STRISH versus pelham Feb Lord chancellor person who draw instruction in  write for will which testator die without execute examine as a witness John  Strish in send for one holland to make his will who take it in character from  his mouth and read it to he and he approve thereof the next day holland bring  the will draw up in four sheet of paper but the testator be not then sensible  and die after the testator death holland who draw the will examine as a  witness vide Hodgson v Hodgson ante p Cuthbert v peacock ibidem nurse v finch  Ves jun Hornsby v finch Ves jun SC where residue unbequeathed codicil dispose  of it but with blank for name e not fill up and unexecuted find with the will  parole evidence admit
case strong against Courtney a agreement that a man shall enjoy certain land  which be in his possession and charge with a annuity to a three person without  molestation from the annuitant be not a sufficient consideration for a promise  SC ld ray SC salk special assumpsit set out that whereas James turner have a  rentcharge issue out of the defendant land the defendant in consideration the  plaintiff will indemnify and save he harmless against all distress to be take  by James turner out of or upon the premise promise to pay he such a sum upon  non assumpsit and verdict for the plaintiff it be urge that no right of  distrain appear for the say James therefore no consideration for the promise  and of this opinion be all the court though it be after verdict which they say  will not cure the want of consideration but that if it have appear that the  rend have be assign to James it will have be otherwise
case stroud against marshal insanity can be plead in bar to debt on bind post  f n Br d Bl Com Bac ab Bac ab see Mr hargrave note   light a term Rep debt  upon a obligation the defendant plead that at the time of the obligation make  he be de non sane memory and it be thereupon demurrer and adjudge to he no  plea for he can save himself by such a plea and the opinion of FitzHerhert  hold to he no law wherefore it be adjudge for the plaintiff
case strouds case a entire will though of land as well as good may be prove in  prerogative court S C keb vent hard I style Reg Mod pale yellow Eq Rep  Fitzherbert Peer wms Peer wms stram Com dig prohibition g term Rep Stroud move  for a prohibition to the bishop court of Exeter because they proceed to the  probate of a will that contain devise of land as well as bequest of personal  thing hale chief justice their prove the will signify nothing as to the land  Stroud urge denton case and some other authority hale chief justice the will  be entire and we be not advice to grant a prohibition in such case
case stub against cook a idemtitate a means of knowing lie after judgement and  execution award ante hob f n b hawk p c Idemtitate a means of knowing for that  in a replevin by cook against Ralph Stubbs for beast take he make cognizance  as bailiff to the earl of Northumberland for a amerciament in a leet whereupon  they be at issue and find for the plaintiff and damage and cost assess and  judgement give accord he surmise that the suit be against Ralph Stubbs senior  and execution be sue the sheriff have endeavour to levy the damage and cost  upon the rood of Ralph Stubbs junior wherefore he sue this writ to be  discharge and the writ be allow although it be after verdict judgement and  execution award
case stub against RiGHTWIFE Trinity term Elizabeth roll a executor de son tort  can plead in abatement that he be administrator and not executor post hob Lut    Brownl style   go c salk ld raym Bac Abr Com dig ld raym will term Rep post  debt against the defendant as executor of I S he plead that he have take  letter of ad ministration judgement of the writ c the plaintiff reply that the  defendant administer de son tort and after take letter of administration  judgement c upon this it be demurrer Godfrey for the defendant argue that no v  the name of executor be lawful change before the action bring and therefore be  to he sue by his new name as administrator Edward pl Henry pl Henry pl Henry  executor coke contra for when by his tortuous administration he have give  advantage to he sue as executor he can by his own act purge this tort and  cause the plaintiff to sue he by another name but the plaintiff have election  to sue he one way or other for he shall take no advantage of his own tort as  if one in execution escape and be take again by the gaoler he shall not have a  hearing complaint and it will he a mischief if the plaintiff shall he compel  to sue he as administrator for it may be that while he administer of his own  wrong he waste the good and if he be only sue as administrator he shall only  he charge of the good that come to his hand since administration Richard  administrator and it be afterward adjudge that the writ be good and that the  defendant respondra ouster notam if judgement he give against a executor upon  demurrer and execution be award the sheriff can return no one hahet good  testator but be to return a devastavit as if it have be find against the  executor by verdict forper curian he have charge himself by his own plea croak  Elizabeth er p
case STUBBINGS against Rotheram Michaelmas term pound Elizabeth in the  exchequer Chamber neither debt nor assumpsit will lie against a executor upon  a promise of the testator in consideration of marriage ante post     a contra  Cowp error upon a judgement give in a assumpsit against a executor upon a  promise a see Ann c S will croak Elizabeth er p of the testator where the  plaintiff declare that the testator in consideration of marriage promise to  pay to the plaintiff a hundred pound and for not perform this promise bring  the action and judgement there give for the plaintiff and this matter be  assign for error that the action lie not against a executor and all the  justice and baron except clerk baron hold it to he erroneous for this cause  for Anderson say the reason why debt lie not against a executor upon the  contract of the testator be because the law do not intend that he be privy  thereto or can have notice thereof and he can gage his law f or such a debt as  the testator may and when debt will not lie it be not fit that this action  upon a bare promise shall tie he for it stand all upon one reason and if these  action shall he Allowable it will he very mischievous wherefore the judgement  be reverse QuCere whether a recovery in this action against a executor be  Allowable against a croak Elizabeth debt upon a obligation if it shall he a  administration for it will he then mischievous to creditor and if it shall not  he a administration it will he then mischievous to executor that they shall he  charge therein and have not allowance thereof against other creditor for it  may be that at the time of the recovery they do not know of other debt note  this term the like judgement be give betwixt Gryggs and Helhouse in a action  bring against a administrator upon a promise of the intestate to pay money c
case Sturges against Judkin from what place the jury shall come ante post Com  dig Cowp false imprisonment suppose the imprisonment at Wheston the defendant  justify by reason of a warrant upon a capias out of the common plea direct to  the sheriff of Suffolk make at bury c the issue be here de son tort demesne  and thereupon a venire facias be award de vicineto de Wheston only after  verdict for croak James er p the plaintiff it be allege in arrest of judgement  that the trial be ill for the venue ought to have be from bury and from  Wheston and not from one of they only the whole court be of that opinion  wherefore venire facias de to make new be award
case STUTFIELD against somerset Hilary term Elizabeth roll a covenant to  assure a estate to a be not perform by assure it to b to the use of a godb Bac  ab debt upon a obligation the condition be that after marriage of the  plaintiff and have a son by his feme that if he convey land to the value of  per annum in tail to the son to enjoy after the death of the obligor that then  c the defendant show the day of the marriage and the have of a son and that he  make a feoff to a stranger to the use of himself for life and after to the use  of the son in tail the plaintiff say quod non Jeoffavil c the defendant  demurrer first it be hold that although the bar as here be ill yet when the  plaintiff reply thereto he have by the replication lose the advantage of  exception to the bar and here the croak Elizabeth bar be ill for it be not a  performance of the condition b this feoff as it be plead because the infant be  not make party to the conveyance nor have any deed or assurance to prove his  estate so be he not sure thereof nor peradventure can have any knowledge of  such a estate nor mean to prove the use limit a see car c and Peer will croak  Elizabeth er p which be not the intent of the condition and therefore such a  assurance make be no performance of the condition and to that purpose vide  Edward hearing complaint one be oblige to make a release to the obligor it be  not sufficient to make it and deliver it to a stranger to the use of the  plaintiff it be also hold here that the plaintiff have admit the bar to be  good he may traverse the feoff or the use at his election
case style against butt Trinity term Elizabeth roll a commoner who have right  to dig and take clay can justify take that which another have dig though he be  no commoner I roll ab more cro James lev to Rep trespass for carry away thirtv  load of clay in BrookbankGreen digy ed there by klg the plaintiff the  defendant plead that he be a tenant and inhabitant in Brookbank whereof the  say place call BrookbankGreen be parcel and that there be a custom there that  every tenant and inhabitant there may dig have and carry away clay in  BrookbankGreen for his necessary use and that the plaintiff not be a tenant  there de son tort dernesne dig that clay and lie it upon the land wherefore he  take it for his necessary use as lawful it be for he to do and it croak  Elizabeth be thereupon demurrer and upon the first motion without a argument  the court hold the justification to he ill for by the prescription it appear  that the tenant may dig and have clay then he can have but what he himself dig  and he shall not have that which be dig by a stranger for it be reasonab Le he  shall have what himself dig but it do not warrant he to take what another have  dig who peradventure do it lawful by the lord licence this be also like to  common which appertain not to the tenant nor be his until it he take by the  mouth of his cattle and if a stranger there cut the grass the commoner can  carry it away nor have his action of trespass c no more here wherefore it be  adjudge for the plaintiff
case style against finch the statute of limitation must be plead and can be  take advantage of on motion ante post roll ab lev ld raym Carth strange Com  dig will will dougl action for word and declare they be speak car the  defendant plead not guilty and it be find against he Adam move in arrest of  judgement that the action be bring for word speak six year before the action  commence so that by the statute of limitation he be bar of this action and  therefore the court ought not to give judgement upon this verdict for the  plaintiff Jones and Berkley hold that the plaintiff ought to have judgement  because the defendant have not plead the statute for there may be diverse  cause that he can not bring the action before this time videlicet that he be  in prison or within age or beyond sea or that he have sue the defendant to  outlawry and the defendant have reverse the outlawry and this action bring  within a year after the reverse of the outlawry as in truth the case be for  then the action be well bring but Adam move that he shall have then show it in  his declaration but it be adjudge for the plaintiff
case style against hear the word demise and grant raise a covenant in law and  a action will lie though the lease be good by estoppel covenant upon a demise  by indenture and count that the defendant by indenture demise and grant the  land to he for twenty year and that one W p enter and evict he by rightful  title the defendant plead a plea with a inducement to a traverse without hoc  that he be possess by virtue of a lease c and it be thereupon demurrer and  resolve by all the justice that upon the word demise and grant without other  word which comprehend any warrant in they this action well lie a and that a  lease by estoppel be a good lease to ground this action upon eviction b and  that the bar with a traverse that he be not possess by virtue of a lease be no  plea against this lease by indenture which be a estoppel without show a  particular cause c wherefore without further argument it be adjudge for the  plaintiff
case style against heath to say of a churchwarden that he perjuredly present a  person to the official do not import a certain charge of perjury post Yelv  roll ab side Com dig action upon the case for word whereas the plaintiff be  churchwarden of Marlow and by reason of his office take his oath to present  thing within his charge that he such a day and year chain sacrament Himself  predict present certain article against the defendant before the official and  the defendant know thereof speak of the plaintiff these word thou have  perjuredly present I at the visitation before I S official the defendant plead  not guilty and be find against he it be move in arrest of judgement by finch  that for these word a action lie not croak throw first because the word thou  do perjuredly present I c be nest precise charge that he be perjure but be  adjective speak they import not any such slander as if one say thou have  thievish take such thing it be not any charge that he be a thief and therefore  be not slanderous so if one say thou have deal traitorous that do not charge  he to be a traitor second it be not show what thing he present so as it may  appear to the court to be within his charge and presentable by he for  otherwise if he present a thing wherewith he have nothing to do it be a vain  presentation and no perjury in he c William and Yelverton for both these cause  hold that the action lie not for the reason before allege Fenner say nothing  thereto wherefore and because the postea be never return judgement be appoint  to be stay until what time it shall be move again afterward in Hilary term it  be move again Popham be present and resolve that the action lie not and  adjudge for the defendant a a because it do not appear that the defendant be  swear nor what he swear nor that it be in any judicial proceed vide post croak  James er p
case style against heath word not actionable ante post Yelv side Com dig  action for these word you do most perjuredly present I at such a visitation  before such a ordinary after verdict upon not guilty plead it be move in  arrest of judgement that a action lie not for these word and the whole court  be of that opinion because it do not appear that he be swear nor what he swear  so as he may commit perjury nor that it be in any judicial proceed wherefore  it be adjudge for the defendant croak James er p
case STYRROP against Stoakes in what case the spiritual court have  jurisdiction if money be disburse by churchwarden for repair the church or  anything else mere ecclesiastical or spiritual the spiritual court shall allow  their account but if there be anything else that be a agreement between the  parishioner the succeed churchwarden may have a action of account at law and  the spiritual court have not jurisdiction
case Suffield against baskervil if a bind contain only aproviso and no express  covenant a breach can be assign debt upon a bind for performance of all  covenant payment c in a indenture of lease wherein the defendant for and in  consideration of four hundred pound lend he by the plaintiff grant the land to  he for ninetynine year if g so lotus plant g live provide if he pay sixty  pound per annum quarterly during the modern life f g or shall within two year  after his death pay the say four hundred pound to the plaintiff then the indei  ture to be void with a clause of reentry for nonpayment The defendant plead  perforrnance the plaintiff assign for breach that thirty pound for halfayear  be not pay at such a time during the life of g the defendant demurrer for that  the breach be not well assign because there be no covenant to pay the money  only by a clause liberty be give to reenter upon nonpayment the court incline  that this action will not lie upon this bind in which there be a proviso and  no ex press covenant and therefore no breach can be assign
case sumner v thorpe where there be a plea of a state account to a bill bring  for a general one the plaintiff must amend where a bill be bring for a general  account and the defendantsets forth a state one the plaintiff must amend see  ante vol Dawson v Dawson note but pay only the cost of the day there be no  rule more strict adhere to in this court than that when the defendant set  forth a state account he shall not be oblige to go on upon a general one  because very often a state account will unravel a perplex affair which may  otherwise remain in the dark if leave to a general one
case sumner versus partridge at the roll July tenancy by the courtesy must  come out of the inheritance and not the freehold a tenancy by the courtesy be  a continuation of the inheritance in the husband a devise to a and her heir  and if she die before her husband he to have pound a year for life remainder  to go to her child the wife die before the husband it be a rule say the court  in the case of a tenancy by the courtesy as well as in a tenancy in dower that  the estate shall come out of the inheritance and not out of the freehold a  tenancy by the courtesy and a tenancy in dower be excrescence out of the  inheritance and a continuation of the inheritance for a certain time in the  husband which will otherwise have cease a tenancy by the courtesy must arise  out of the inheritance which must vest in the wife and there must be a  possibility of its descend upon the child now they take here by virtue of the  remainder over not by descent from the mother and there be no difference  between make a estate of inheritance to cease in the wife the moment she die  and to arise in the child and a jointtenancy neither a tenant in dower or  courtesy can entitle themselves to a estate in dower or courtesy where the  child who be leave can possible take a inheritance for the moment of time the  husband take as tenant by the courtesy the inheritance must descend upon the  child and therefore it be impossible in the present case to maintain the  father be tenant by the courtesy pain case   b   Litt b atkins er p
case surrey versus Smalley eoden die Lord chancellor Eq can ab pl a judgement  confess pen a bill here not allow in a account of asset a judgement confess by  a executor pend a bill here shall not be allow upon a account of asset in this  case six several judgement have be confess by the executor to creditor of the  testator and afterward assign by they to three person defendant in the cause  for S in the pound and the charge in recover of they and on a bill file by  creditor for discovery of testator estate and to have the aforesaid judgement  set aside as obtain by fraud all that appear be that one of the defendant who  be uncle to the widow of the testator another of the defendant write one or  two of the assignee of the judgement word to purchase the same and the decree  be that the assignee of the say judgement ought not to be allow any more for  the say judgement than what be real pay for the assignment in case the say  judgement be obtain in a adversary way of proceed before the plaintiff sit in  this court and the master be to inquire and report how the say judgement have  be obtain and then the court will consider of the cost Rei lib b fol vide  Harding v edge ante and case there cite pen a bill in equity against a  executor or after a decree quod to sum up he may pay any other debt of a high  or of as high a nature but this must be intend where he have legal asset  contra when he have only equitable asset contra also where there be a final  decree mason v William salk et vide shepherd v ken post vol bright v uvoodward  ante
case Sutton against moody comment on blade v Higgs h l c property of thing fer  nature be in the owner of the soil while they be there S c Mod S c salk S c  comb S c salk S c holt S c ld ray S c comy Rep trespass quare enclosed space  to break in pieces et ibidem hunting be et abounding in rabbits swine to take  in hand verdict for the plaintiff and entire damage give and move in arrest of  judgement that the count be ill because the owner of the ground have no  property in the cony and therefore can be say swine and cite I cro but on the  other side it be say that precedent be both way and cite brown godb Newton v  Richard modern report er p and by holt chief justice Warrenna be a property  ration privilegi and then there be a property ration soli both which property  be local now a man may have a warren in another man ground as a man may have a  warren by grant or prescription in his own ground after which he may alien the  ground and reserve the liberty of the warren which liberty ration privilegi  destroy or rather suspend the privilege ration soli so that the property of  the cony be in he that have the warren whereas otherwise the property of the  cony whether wile or tame be in the owner of the ground where they be while  they continue there as much as if he have a warren the warren make not the  cony to be more or less his the privilege of a warren only give a man liberty  to employ his ground in the keep of cony which otherwise he can do judgement  for the plaintiff a
case Sutton against sparrow appeal de death man carry down to be try by nisi  prius appellant do not put in the record hold neither nonsuit nor  discontinuance but appellant to pay cost S c holt appeal of murder de death  man it be carry down to be try at nisi prius in Yorkshire last assize where  both party appear but the appellant do not put in the record to try the issue  and now the counsel for the defendant move that the appeal be not try it be  either a nonsuit or a discontinuance but holt chief justice be of opinion that  it be neither but order the appellant to pay cost for not go on to trial it be  then move that the appellant may be call in which be do her attorney appear  for her which be hold sufficient the appeal be bring by a woman
case sutton case if the marshal be turn out for nonattendance and the new  marshal get possession by force the court will not restore he on motion S c  ante S Mod S c ld ray Sutton have be marshal of the court and for  nonattendance another be swear into his place but as the court declare without  prejudice to his right to the office for that be leave to the law the new  marshal to get possession make a forcible entry into the prison Brotherick  move in behalf of Sutton that the court in regard of the power they bad over  their officer will interpose and quiet the possession until the title be legal  settle and the rather for that it will look disrespectful in he to apply to a  inferior jurisdiction to have a inquisition of forcible entry and that the  justice will hardly dare to meddle in it by reason of its immediate dependency  on the court and though a new marshal be swear in yet the former be liable to  all escape of prisoner charge in his custody and doubtless they will be many  in this disorder curian it can be disrespectful to we that any shall use the  remedy the law give he and here you will have we hold plea of forcible entry  by parole whereas the court have no original jurisdiction of forcible entry et  to run law for it be a question of right between two contend officer and as to  the inconveniency of escape the court say that he be so use to suffer  voluntary escape that they can not imagine be fear any danger that way
case sutton case in ejectment by a lessee against a lessor if the jury find  special that the lessor have no interest in the land demise yet the plaintiff  shall have judgement for a jury may find a estoppel on the general issue ante  post   light a owe cro car   b   a I Leon r ab sand I salk Bac ab Bac ab Cowp  term Rep term Rep ejection firm and declare of a lease for year make to he the  plaintiff by the defendant himself upon not guilty plead the jury find a  special verdict that the defendant have nothing in the land when he make the  lease to the plaintiff and that afterward he enter upon the plaintiff and the  jury find the whole matter at large the question be if his entry be lawful  Anderson and periam hold clear that the plaintiff shall recover for this be a  good lease and interest hetween the party so that the lessee may enter and the  other can put he out and when he have right and interest he may have his  action and this may as well he find by the jury though but a matter of  estoppel as any other matter and Anderson say it have be adjudge if a levy a  fine to b of his own land for year and b be oust a shall have a assize and  they say the jury in any case be bind to find a estoppel and in Pleadals case  because they will not find a estoppel they be attaint Walmsley hold the  contrary for be a matter of estoppel and the jury be swear to find v eritatem  fact they shall not find a estoppel and the jury have find the matter at large  and the truth appear to we that the plaintiff have not right nor cause of  action but by estoppel we must croak Elizabeth judge accord to the truth of  the matter Wyndham seem to agree with he that it shall he adjudge accord to  the truth of the matter and thereupon periam say they will know the opinion of  other justice but say privy there be no great question in it
case swaddle against Piers Michaelmas term James roll ejectment for tithe must  show a demise by deed ante Carth con cro car Bac Abr in partridge v ball ld  raym holt CJ deny this case to be law and see Carth ejectment of a lease of  tithe and do not show that it be by deed and because tithe can pass without  deed after verdict for the plaintiff exception be take for this cause it be  rule to be ill and adjudge for the defendant croak James er p
case swain against stevens terre tenant to sever in plead in case of a to know  facias against several terretenants they can join in a plea but ought to plead  several Qure if after a plea in abatement a special nontenure may be plead for  holt chief justice say by plead in abatement he have admit himself tenant see  Edward pl b brown I Owen Inst cro et roll lev Henry pl b Henry pl b keb
case swales against Lowther if a man dwell on a farm in the parish of a and  have a small quantity of land in the parish of b on which he feed cattle for  the purpose of be employ in husbandry in the parish of a and not in the parish  of b the owner shall pay lith for such agisted cattle to the parson of the  parish of b a man have a house and a great farm of arable land in the parish  of Kippax where he dwell and he have five acre of blow land and forty acre of  pasture in the parish of Snillington upon which pasture he feed his cattle  which be employ in husbandry in the parish of Kippax the parish of Snillington  libel for tithe for the agistment of cattle there the defendant thereupon  suggest that by the custom of England no tithe ought to be pay for agistment  of cattle keep for plough or pail and now a motion be make for a prohibition  because the plaintiff can libel for the agistment of cattle but for such as be  feed in the same parish and not elsewhere and the pasturage of cattle use for  husbandry in the same parish be not titheable because the parson have tithe  for they in another kind on the other side it be say that the parson be to  have a profit where the parishioner have any benefit and that he be a  inhabitant wherever he have land but the court will not grant a prohibition  upon the first motion but give the defendant leave to amend his suggestion by  add that he have arable land in Snillington and exercise husbandry there which  be amend modern afterward in Michaelmas term it be move again and the court be  of opinion that if the cattle depastured be not for blow the land in the same  parish where they be feed he shall pay tithe though they blow in another  parish and if he have more cattle than he employ for the plough in the same  parish he ought to pay tithe for they but the court order the defendant to  make affidavit to ascertain the fact modern er p
case swan against GATELAND Michaelmas term Elizabeth roll a brother of the  half blood shall he guardian in preference to a uncle roll ab and Owen more    light b note t Jones Com dig Bac ab Peer will Peer Wilf ravishment de ard the  case be a feme take baron and have issue a son by he the baron die she take  another baron seize in fee of the land hold in soccage and have issue by he  another son the baron die the feme die the second son within the age of  fourteen year whether the old son of the halfblood or the mother brother shall  he guardian a be the question Walmsle and Kingsmil hold that the brother she  uld have it for he be the near of kin to who the inheritance can descend
case swan case to know facias wood Bl Rep term r it be say to he adjudge that  in covenant perpetual if they he once break and a action of covenant bring and  a recovery upon it if they he afterward break a to know facias shall he have  upon the judgement and need not bring a new writ of covenant
case Swanton versus raven July a fine by husband and wife of her land to a  purchaser but the use declare by the husband only no other deed be show  declare different use and the use declare not vary from what the wife intend  it shall bind her notwithstanding a husband and wife join in a fine of the  wife land to a purchaser and afterward the husband alone declare the use of it  by article the question be whether it shall bind the wife Lord chancellor as  no other deed be show that declare different use and the use declare do not  vary from what the wife intend it shall bind her notwithstanding and therefore  the bill which she have bring after a acquiescence of fifteen year since her  husband death for possession on suggestion that she be not bind by the fine as  she do not join in the article with the husband in the declaration of the use  must be dismiss vide beckwith case more   a roll ab anon more pl dyer a pl
case sweeper against randal Trinity term Elizabeth roll what word will amount  to a surrender post   light vent Mod stram ld ray t Rep trespass for take his  corn upon not guilty plead the jury find that I Gilhert let the land to the  plaintiff at will and afterward he agree with I Gilhert ad up reddendum the  land and his interest in it to he and that he enter and let it to the  defendant who take the corn the question be if this be a surrender videlicet I  agree to surrender my land and whether it import a act to he do in going to be  or in the present time?Gawdy this can he no surrender but a relinquish of his  estate if these word he any thing for tenant at will can surrender no more  than he can grant but he conceive it be a act to he do infutur Wray if I agree  to let my land this be no lease no more shall this he a relinquish of his  estate schute agree with they Clench it seem the intent of the party be to  relinquish the estate at the time of the speak for otherwise the word be void  for he may leave it at any time gawdy if his intent be so the jury shall have  find it express but they have not do so and the plaintiff have judgement
case Swetman against cush Hilary term Elizabeth roll on a condition that the  lessee shall repair within such a time after notice the notice must be give to  he who have the entire interest and not to a under lessee more Yelv roll Rep  skin     light a a hob cro Elizabeth Cowp ejectment upon a special verdict the  case be a lease for eighty year be make upon condition that if the lessee his  executor or assign do not repair the house within six month croak throw after  notice and warning give the lease shall be void the lessee make a lease for  ten year the assignee of the reversion come to the tenement and give notice to  Wilmere occupier of the house under the lessee for ten year that the house be  defective in reparation and show wherein and because it be not repair within  six month after he enter and let to the plaintiff whereupon the defendant as  servant to the lessee reenter et si super c Popham Fenner and Yelverton after  argument at the bar hold that this notice to a person who be not interest in  the term although it be upon the land be not sufficient for he be bind under  the pain of forfeiture to repair it after notice and therefore Popham say if a  lease be make reserve rend and if the rend be not pay upon demand at any time  within the year that the lease shall be void if the lessor demand it upon the  land at any time of the year but the last day thereof the lessee not be there  it be a void demand so if he meet the lessee at any time out of the a dyer in  marge b this case be move again in Trinity term and adjudge in favour of the  defendant post croak James er p land and demand his rend it be a void demand  also but his way be to appoint the lessee that such a day he will be upon the  land and demand his rend and then if the lessee be not there to pay it upon  his demand the lease be forfeit so here the notice of the land not be give to  the right person be void wherefore absent gawdy it be adjudge accord
case sydenham against KEILAWAY conspiracy for a malicious prosecution will not  lie upon the statute where the indictment be return ignoramus but it will at  commonlaw vide hawk p c c salk post cro Elizabeth Com dig Com dig dougl Popham  chief justice cite a case to be resolve by all the justice year Elizabeth  Sydenham v Keilaway that where two conspire to indict one false and the party  be not indict because the jury have not sufficient evidence but return a  ignoramus upon the bill no conspiracy lie because he never be indict nor  acquit yet he may be indict upon conspiracy at the commonlaw for this false  conspiracy and misdemeanour which be punishable at the commonlaw so if any  commit perjury which be not punishable by the Elizabeth c yet he may well be  indict thereof and punish by fine and imprisonment
case sydenham against robin from what place the jury shall come ante roll ab  ld Ra m action upon the case for stop a way and declare whereas he be seize in  fee of a house in Dalverton and that he and all those who c have have a way  over a close of the defendant call Culverhouseclose in Brushford from his  house to another close call exon which he have in Brushford that the defendant  have stop his way by erect of a hedge cross the way and the say close c the  defendant plead not guilty and find guilty after verdict it be move that this  be a mistrial because the venire facias be from Brushford whereas it ought to  have be from both will for the uva ought to be prove the court hold that in  regard not guilty be plead and so the stop be proper in issue the venue shall  he only from the will where the stop be but if the issue have be upon the  prescription it have be otherwise a wherefore it be adjudge for the plaintiff  in Hellasis v Burbriche l raym Treby c j say that he have a manuscript report  of this case which be much preferable io the print book and that by his report  the judgement be arrest
case SYDNAM and part case Michaelmas term car roll Surrey if a person possess  land enter it forcible and detain it from a person claim right of common  therein he can be commit by a justice on view by virtue of Richard c for a  forcible detainer ante dalt c Crompt b dyer hawk p c Com dig stram Sydnam and  part be bring to the bar by habeas corpus wherein be return that they be  commit to gaol by one read justice of peace of the say county by force of the  statute of Richard c upon complaint of one I S that he claim common in a  meadow of the say Sydnams call monk meadow and that the say Sydnam and part  enter into the say meadow and keep he out from his common with force and arm  wherefore he be pray to view the force and that he come thither and find they  hold the say meadow with force whereupon he by virtue of the say statute  commit they to gaol upon the motion of Grimston and read the return all the  court Brampston be absent hold this commitment be not warrant by that statute  for although one may be seize of a rend or common by force which be enquirable  in assize and punishable if it be find yet one may not be indict or commit for  enter his own land with force or hold his own land with force against a  commoner for it ought to be where ingressus non to hand over per law and one  in his own land may enter lawful and may detain with force against any who  pretend to have common there he be allow to be owner of the soil and this  statute be not to be extend against any but he who enter unlawful and ousts  another of his lawful possession wherefore the cause of commit and detain they  in prison be hold unlawful and the prisoner be discharge
case SYMCOCK against pain assumpsit will not lie for rend nor for a mere debt  on a contract ante post I roll ab cro James cro car hob lev Cowp dougl term  Rep assumpsit for that the defendant in consideration that the plaintiff have  let unto he such land for a year romised unto he ad lunc et ibidem to  payprofirma pter ce predictce at the year end twenty pound the defendant plead  non ass find against he it be allege in arrest of judgement that the action  not for it appear to he f or the rend for which debt lie but all the court  absent Popham hold that the action be maintainable for it be not a rend but a  sum in gross for which he make a promise to pay it in consideration of the  lease the action lie and it be adjudge for the plaintiff but afterward because  it be but a mere debt for which a action of debt lie and it be but a contract  it be reverse
case Symms against smith in covenant by a to permit b to enjoy the rend c a  breach that a take the rend and do not permit b to enjoy be well assign for  the take by a be a special disturbance post SC Jones lev hard vent Bac ab Cowp  dougl several breach may be assign in covenant but not in debt on bind for  performance of covenant   b cro James   post burr covenant whereas the  defendant recite that she have a estate for life in such customary land  covenant that she will surrender the estate upon request and permit the  plaintiff to enjoy the say land and take the rend issue and profit of they and  in fact assign for breach that she do not suffer he to enjoy the say land but  have receive the rend issue and profit of they from the time of the make of  the indenture until the day of the writ c the defendant demurrer upon this  declaration and it be now argue at the bar by ball for the plaintiff and by  roll for the defendant and the defendant show for cause croak car first that  there be not any request allege for the permission say non allocatur for the  request extend only to the surrender and not to the permission second that he  do not allege a special disturbance by entry or otherwise three the breach be  too general in assign that she receive the rend issue and profit of the land  without show what so as it may be issuable and thereby recover in damage as  much as the defendant receive accord as it shall be prove to the jury but the  court conceive that in covenant he may assign as many breach as he will though  not in debt upon a obligation for performance of covenant a for in that case  there ought to be a certainty and certain assign but in a covenant it may be  assign as general as the covenant S and therefore it be adjudge for the  plaintiff Edward pl Edward pl
case Symonds against Burlow Trinity term James roll on a issue whether land be  parcel of the manor the venire facias shall be de vicineto manor ante roll Abr  cro Elizabeth hawk p c trespass of assault battery and wound the defendant as  to the wound plead not guilty as to the residue he justify for a heriot for  certain land parcel of the manor of Stansted hall in Windham the issue be  whether it be parcel of the manor the venire facias be award de vicineto manor  de Stansted hall in Windham and try and judgement give and error for that  cause assign and it be hold to be no error for the issue be whether parcel of  the manor the venire facias be most proper award of the manor which have by  intendment the best knowledge thereof the yearbooks Henry pl Henry pl be cite  against this but it be say that be not in the negative and where trespass be  allege to be in the manor upon not guilty plead the venire facias shall be de  vicineto manor so more proper here wherefore the judgement be affirm by the  opinion of three justice absent coke the James c give aid after verdict where  the visne be partly wrong that be where it be award out of too many or too few  place in the county name the and car c go further and cure the defect whole so  that the cause be try by a jury of the proper county without any regard to the  part of the a see Com dig b ante croak James er p county from whence the jury  come the and Ann c to remove the inconvenience of challenge defect of  hundredors direct that every venire facias shall be award from the body of the  county in which the action be triable and by Geo c these regulation be extend  to action on penal statutes Hargraves note   light b croak throw michaelmas  term James in the king bench sir Henry Montague Knt chief justice sir John  croak Knt sir John Doderidge Knt sir Robert Houghton Knt justice sir Henry  Yelverton Knt attorney general sir Thomas Coventry Knt solicitor general
case SYMONDSON versus tweed disapprove rondeau v Wyatt h Bl ante a court of  equity will decree a specific execution of a parole agreement if it be set  forth in the bill and confess by answer in this case the court declare and the  counsel agree likewise that if a man bring a bill for a specific performance  of a parole agreement set forth the substance of it in his bill and the  defendant by his answer confess the agreement that the court may in such case  decree a execution thereof notwithstanding the statute of fraud and perjury  because the defendant confess the agreement there can be no danger of perjury  from contrariety of evidence which be the only mischief that statute intend to  obviate but in the principal case the defendant have not by his answer confess  the agreement charge in the bill which be only by parole to settle some land  and house on the plaintiff in consideration of his marry the defendant  daughter and therefore the bill be dismiss and it be say in all case where the  court have decree a specific execution of a parole agreement yet the same have  be support and make out by letter in write and the particular term stipulate  therein as a foundation for their decree otherwise the court will never carry  such a agreement into execution
case Syms against time a writ of error pen can be plead in abatement of debt  on a judgement debt on a judgement writ of error pen plead in abatement  demurrer judgement for the plaintiff for a to answer ouster accord to the case  of Rottenhoffer v Lenthall a last term
case Syms case a grant of parcel by one jointtenant be a severance but not if  a husband grant part of a term he have in right of his wife post   light b  more vern atk I salk notam it be hold by the justice that if two jointtenants  he of a term and the one grant parcel of the term to a stranger by this the  jointure of all be sever yet manwood agree that if a man he possess of a term  in the right of his wife and grant parcel of it to another that after the  death of the baron the feme shall have the residue of the term that be not  grant and it shall he only a alteration of what be grant
case Symson against Kirton the revocation of a will must be by express and not  by accidental word ante post cro Elizabeth dougl Powel on Dev Cowp dougl  trespass upon evidence where one have make his will in write and devise a post  Noy b post croak James er p his land to whether hide and her heir and  afterward be sick and lie upon his deathbed because whether hide do not come  to visit he affirm that whether shall not have any part of his land or good it  be hold by all the court that it be not any revocation of the will be but by  way of discourse and not mention his will but the revocation ought to be by  express word that he do revoke his will and that she shall not have his land  give to her by his will or such like word which may show his intent to make a  express revocation thereof by car c S no devise in write of land tenement or  hereditament nor any clause thereof shall be revocable otherwise than by some  will or codicil in write or other write declare the same or by burn cancel  tear or obliterate the same by the testator himself or in his presence and by  his direction and consent but shall continue in force c shower Mod Com dig
case synes versus vernon April a live in Antigua and have a plantation there  devise ib weight of sugar to the child of b to be pay by his executor in ten  year after his death the executor not deliver the sugar within the time on a  bill bring by one of the child decree the value of the plaintiff legacy to be  compute accord to the medium rate of sugar in Antigua at the end of the ten  year and pay with interest from the time it become due John Vernon of Antigua  devise to the child of one synes of who he have buy a plantation it be charge  in the bill that the plantation be obtain by Vernon who marry the grandmother  of the plaintiff from the plaintiff mother Dorothy synes while a infant  without consideration but that after she come of age she and her husband  George synes make a new assignment thereof for no consideration or at least a  very small and inadequate consideration and the answer deny that but do not  state what be the consideration pay r l lb weight of sugar to be pay by his  executor in ten year after his decease which fall out to be in the year the  plaintiff legacy be lb weight of sugar r l the plaintiff be one of the live  child bring her bill for a satisfaction of her part per cur although the  defendant may have pay the plaintiff in sugar at the time it become Payable by  the will yet not have so do it become a personal duty and to be pay in money  here decree that the value of the plaintiff share of the legacy shall be  compute accord to what be the medium rate Vernon chancery case of sugar in  Antigua in to Christmas r l and pay with interest from the time it become  Payable at pound per cent per and Reg lib b fol
case tailor against am if a son die intestate in the life time of his father  and the father renounce and administration be grant to a brother of the  intestate queen whether his sister shall have distribution prohibition be pray  to a libel in the courtchristian for distribution of a intestate estate a have  two son and a daughter one of the son die intestate the father renounce the  other son take out letter of administration the sister sue for a distribution  it be urge for her that she shall have distribution for that by the father  refusal it be as if there be no father in the case and then the son and  daughter be in equal line to the brother it be argue on the contrary because  the father be next of kin alone and although on his refusal the right of  administration shall go to the next of kin after he yet the right of  distribution do not go beyond shower KB the first next of kin in be at the  intestate death Adjournatur
case tailor against baker to assumpsit if the defendant plead a agreement to  take a bill in satisfaction a replication protest there be no such agreement  make or bill give and plead that it be not under sea be good quantum to  deserve for work and labour and a accuse computasset for five pound to pay cum  ind requisite be the defendant plead that it be agree between he and the  plaintiff that the defendant shall give and the plaintiff shall accept a bill  of five pound in satisfaction of what be due to he and that he do accept such  a bill accord to the say agreement the plaintiff reply protestand that he make  no such agreement protestand etian that there be no such bill give pro plea to  say that it be under sealSee Com dig pleader n g a and upon demurrer to this  replication it be hold good
case tailor against BRUDON nonsuit for nondelivery of declaration holt chief  justice upon common bail file if one do not deliver declaration before the end  of two term he shall be nonsuit second if upon examination before a judge one  do not make out a good cause of action common bail shall be order three and if  upon examination before a judge common bail be order and the plaintiff do not  there declare that be will move the court or give notice of such his intent to  the defendant the judge rule shall be final to he fourthly and if the  plaintiff have several atorneys a demand of a declaration of any of they be  good
case tailor against chamber Trinity term James roll see Hargreave v Spink Q b  a shop in London be not a market overt except for good proper to its trade  roll ab roll ab more   Poph ander Inst Jones stram will atk Bl Com hawk p c  term Rep trover of a silk quilt tester of a bed five silk curtain a petticoat  and a cloak the defendant as to all except the two last article plead not  guilty and as to they he plead that the city of London be a ancient city and  that within the same be a market every day for all good to be sell in croak  throw every part of the city in every open shop every day except Sunday and  holiday betwixt sunrising and sunsetting so as one of the contractor be a  freeman and that he be a freeman of the company of mercer such a day not be  Sunday or holiday buy those thing in his open shop wherein he have a long time  use to buy such ware of one Henry Cooper for such a sum and so justify the  conversion upon this plea the plaintiff demurrer and upon the first motion at  the bar all the court conceive that the plea be not good for the custom be too  general that every freeman may buy all manner of ware in every shop c for then  a scrivener may buy plate in his shop and the like c which be not reasonable  and here he be of the mystery of mercer to buy petticoat and cloak c it be not  agreeable to his trade and Popham say that it have be resolve that such custom  be find by a special verdict be unreasonable wherefore it be adjudge for the  plaintiff see James c croak James er p
case tailor against Griffith forcible entry in the time of one king and  detainer in that of another must not conclude contra peace of both a  indictment of forcible entry must show the kind of estate of which the party  be seize indictment of forcible entry and detainer conclude contra peace of  the late ice and present queen the entry be in king William time and detainer  in the queen whether time per holt chief justice the conclusion be very  improper but there be too many that way to reverse they all but it be quash  upon the objection that it do not appear what estate the party bad whether  freehold for year or at will and so the court can not tell what execution to  award modern but if the estate be set out perhaps the possession shall be  restore to one and the freehold to another and here beside it be not say that  there be a seize of he that have the freehold and it be quash
case tailor against heal Qucere if a lessee be authorize to expend part of the  rend for the repair of the premise I Leon ld ray Doug term Rep t Rep debt for  rend reserve upon a lease for year the issue be join if the rend be pay or not  the defendant give in evidence for part of the rend that the plaintiff by  covenant be to repair the house and do not and that thereupon he expend part  of the rend in repair the house the question be if this evidence will maintain  the issue?Gawdy conceive it do for the law give this liberty to the lessee to  expend the rend in reparation for he shall he otherwise at great mischief for  the house may fall upon his head before it he repair and therefore the law  allow he to repair it and recoupe the rend vide Henry pl croak Elizabeth  Richard bar Henry pl Fenner it be no evidence for if the lessor will not  repair it he be to have his covenant against he Clench seem he may well expend  the rend in reparation but he ought to have plead it and can give it in the  dawn of taverner croak Elizabeth er p evidence upon the generalAssue and they  thereupon move the jury to find the special matter and as to the residue of  the rend he show that he pay it to other that have rentcharge out of the land  which the lessor have covenant to pay and that by the commandment of the  lessor he pay the rend in discharge of the say rend and this be clear hold  good for payment to another by the plaintiff appointment be payment to himself
case tailor against Jefts in ejectment the declaration must be personal  deliver if the defendant can be find a lease be sign on the premise and a  ejectment leave in the house on which a judgement be have the defendant make a  affidavit that though be live not at that house he board at another in the  town that he never abscond but may have be find almost at any time to have be  serve with a declaration and the plaintiff affidavit not deny that be know  where he be nor affirm that he have inquire for he modern report the court set  aside the judgement for the defendant shall have be serve with or have notice  of the declaration he be to be find modern report er p
case tailor against lake a distringa stamp before the postea be return be good  S c stram a motion be make to set aside two verdict because the distringass be  not stamp pursuant to will c S so that the trial be void by the stampact but  the solicitor have get those writ stamp before the postea be bring modern  report er p into court this motion be reject for it do not appear to they but  that they be stamp and they can not take any notice whether they be stamp or  not at the assize if they be not the defendant shall have take notice and  insist on it at that time
case tailor against Markham in trespass and battery de son tort demesne be a  good replication to a plea of calmly manus to place upon in defence of tithe  ante SC Yelv   latch Leon sand in a action of trespass and battery the  defendant plead that he at the time of c be seize of the rectory of d in fee  and that at the same time and place where the trespass and battery be suppose  c corn be sever from the nine part and for that the plaintiff will have carry  away his corn the defendant there stand in defence thereof and keep the  plaintiff from carry it away so as the harm which the plaintiff reeeived croak  throw be of his own wrong c the plaintiff reply that the trespass and battery  be do sans tiel cause allege c whereupon the defendant demurrer in law it be  adjudge for the plaintiff for it be not requisite in this case for the  plaintiff to answer the defendant title because he do not by this action claim  any thing ill the land or corn but only damage for the battery which be  collateral to the title and therefore the general replication be good but when  the plaintiff make a title in his declaration to any thing and the defendant  plead another thing against it the plaintiff must reply special and not say  sans tiel cause as it be in Henry and Edward croak throw michaelmas term James  in the king bench sir Thomas Fleming Knt chief justice sir Edward Fenner Knt  sir Christopher Yelverton Knt sir David William Knt sir John croak Knt justice  sir Henry Hobart Knt attorney general sir Francis Bacon Knt solicitor general
case tailor against matthews if a plaintiff die pen consideration of the court  judgement may be enter without continuances if pen the consideration of the  court the plaintiff die judgement may be enter without enter the continuances  and then it will have relation to the day in bank a see the case of sir  Ambrose Farnel v Tipper latch isleys case Leon lure v rest ante and Ballard v  Delander stram case tempt Hardw a a continuance be nothing but a curian  advisare vult though the time when in fact the judgement be give must be enter  on the roll that be only in respect to land that it may not be bind until the  time of the judgement give and so purchaser overreach before this  inconvenience be provide against by the statute car c there may have be a  inconvenience in enter judgement without continuances there can be none now  modern report er p modern report easter term the second of George the first in  the king bench sir Thomas Parker Knt chief justice sir Littleton powys Knt sir  Robert Eyre Knt sir John Powell Knt justice sir Edward Northey Knt  attorneygeneral John fortescue aland Esq solicitor general
case tailor against one not a witness may evidence a lease c holt chief  justice say that a person who have not set his hand to the witness a lease may  be a witness to it if those who sign it do not appear and so he rule it for in  the case of a lease of year it be sufficient if the lessor only sign in the  witness presence and so it seem in other grant of chattel Qure if so of  freehold c
case tailor against page after quod to sum up in a action of account nothing  shall be allow as a discharge before auditor which may have be plead to the  action Lut SC hetl roll bull n p cro Elizabeth strange will for what may be  plead before auditor see I Com dig account e and I Bac Abr Cowp account upon  receipt of diverse sum the defendant plead nunques son receivor and find  against he and be adjudge to account before auditor be plead that after the  receipt and before the action bring he have put himself in arbitrament for all  trespass debt account and action c who arbitrate that he shall pay ten pound  only in discharge of all trespass debt account and action which he pay accord  whereupon it be demurrer and without argument adjudge for the plaintiff for  this arbitrament before the action ought to have be plead in bar of the action  which be omit he have lose the advantage thereof and shall never plead it  before the auditor whereupon it be adjudge for the plaintiff vide Henry pl  Edward pl Henry pl croak car er p croak car after trinity term car in  sergeantsinn hall at a meeting of the twelve judge the king bench sir Nicholas  hide Knt chief justice sir John Doderidge Knt sir William Jones Knt sir James  Whitlock Knt justice the common plea sir Thomas Richardson Knt chief justice  sir Richard Hutton Knt sir Francis Harvey Knt sir George croak Knt sir Henry  Yelverton Knt justice the exchequer sir John Walter Knt chief baron sir Edward  Bromley Knt sir John Denham Knt sir George Vernon Knt sir Thomas Trevor Knt  baron
case tailor against rain the court will prohibit the spiritual court from  grant probate of a will make by a femecovert although by marriage article she  be authorize to make a appointment a woman before marriage have article of  settlement make with her intend husband to this purpose she be possess of a  lease for year the article be that such person shall have the profit of the  say term as the wife shall by write under her hand or by her last will appoint  the woman the day before her marriage make a will devise the trust of the term  to b and then marry and after her death the executor appoint in that will will  prove it in the spiritual court the husband move for a prohibition upon a  suggestion that she be a feme covert at the nine of her death and therefore  can not make a will or executor   force and Hemblinges case and it be agree  now by the court and the bar that a modern femecovert can make no will but  either as executrix or by consent of her husband or of such good and chattel  as by marriage be not give to the husband and that likewise by consent of the  husband and it be agree by the court that this will though in pursuance of a  settlement of article before marriage be not such a will of which they have  any jurisdiction modern er p below but it amount to a appointment in equity  who shall have the trust accord to the say article see brown c c a and it be  far adjudge that if one have the trust of a term for year and die intestate  his next of kin shall have administration of it and administration may be  grant quoad c as well as a executor may be quoad and it be likewise declare  that the way here have be to grant administration to they to who she bad  appoint the trust and not to proceed by way of probate of will and the court  hold a prohibition may go after sentence in this case
case tailor against reignolds conusance of plead no good return to a hab  corpus S c fort to a habeas corpus to the stannary court it be return that  they have conusance of plead by the charter of Edward the first and another of  Edward the three and that this matter may be well return be quote style roll  Abr holt chief justice conusance of plead or exempt jurisdiction be never  return to a habeas corpus for then they may return a falsity to support their  jurisdiction which will not be traversable and so a subject will be oust of  the privilege of sue or be sue in the king superior court without a  opportunity of controvert the matter and he quote the case of bishop v  Percival and as to a exempt jurisdiction that always be for the benefit and  ease of the resiants within such a will borough c not to be sue out of their  will c and then sure they may waive that benefit and remove their cause to the  superior court and if one who be within a exempt jurisdiction be implead out  of it his way be to plead it and the lord have nothing to do with it but as to  conusance of plead that can be plead by a defendant but must be demand by the  lord of the franchise his bailiff or attorney
case tailor against Starkey Hilary term car roll it be actionable to call a  attorney a common barrator for word shall be take secundum creating a mask  ante post S C hut more hetley hob roll ab stram Com dig term Rep error of a  judgement in the common plea in a action on the case for word whereas the  plaintiff be and be a attorney of the common plea that the defendant the first  of June car speak of the foresay plaintiff these word he be a common barrators  a Judas a promoter and July car speak these word of the plaintiff he be a  common barrators a cheater and I will make he to be bar of his practice the  defendant plead not guilty and it be find against he for the first word and  damage to fifty pound and he be acquit for the word suppose to be speak I July  car judgement be give for the plaintiff as to the first word and the fifty  pound damage and for the defendant for the second word tailor of Lincolnsinn  assign for error that a action lie not for if it be speak of a common person  who be not a officer that he be a common barrators a action lie not and so  adjudge in this court a and here although he be a attorney who bring this  action yet not appear there be any such speech of he as attorney or to  scandalize he in his place the word be speak of he as of a common person for  the last word which concern his practice the defendant be find not guilty but  all the court conceive the action well lie for it be a great slander to a  attorney to be call and account a common barrators who be a maintainer of  brabbles and quarrel and a quarreller and fighter and word be to be construe  secundum creating a mask of who they be speak whereupon the judgement be  affirm
case tailor against vale Michaelmas term pound Elizabeth roll if a man by  indenture give and grant a rentcharge and the deed be enrol pursuant to Henry  c it be a bargain and sale but it must he so plead croak Elizabeth er p   b    light dyer Inst Leon   I Leon yely lev wood con Shepb touch pale yellow use  replevin the case be upon demurrer vale have a rend charge in fee by indenture  which be enrol within six month give and granheth it to hall in fee and there  be no attornment notam in truth the case be that he for a certain um of money  give grant and sell the rend c but it be plead only that he by indenture  devoted to el to go away and it be rule without any argument that the rend  without attornment a passes not be only by way of grant and not of bargain or  sale although the deed be enrol but Wray say that if by indenture in  consideration of a certain sum of money devoted to et to go away and the deed  be enrol this shall pass the rend without attornment though there he no word  of bargain and sale and the plaintiff have judgement
case tailor against welsted Hilary term James roll in trespass if the thing  take be couple with the adtunc et ibidem before allege the declaration be  sufficient ante Yelv cro Elizabeth Plowd latch Lut bunb hawk p c in trespass  the way et arms be matter of substance post f n b cro car salk say vide sand  Henry pl Henry pl and ld ray error in the exchequerchamber of a judgement in  trespass in the king bench the error assign be that the declaration be not  good because in trespass the plaintiff suppose that the defendant may James r  at London in such a parish assault he et adtunc et ibidem beat and wound he  and a bag of the value of twelvepence from the plaintiff with one hundred  pound of money therein take and carry away et alian irregular c and he do not  say adtunc et ibidem and so no time nor place mention of the take and carry  away of this bag and therefore although it be after verdict yet it be not aid  c but the court hold that it be well enough for et accouples it with the time  and place of battery it be then move that there want in the declaration way et  arms which be in trespass ought to be of necessity and it be not matter of  form but substance and not aid b any of the statute a and of that opinion be  the whole court wherefore for this cause it be reverse
case tailor against will Trinity term car roll to several count in assumpsit  on several promise non assumpsit general be good roll Abr cro James side march  in assumpsit if the jury find for the plaintiff and assess damage to be pay  for in die these word shall be reject as surplusage ante roll ab more Leon cro  Elizabeth sand Savil lev hob Bac Abr dougl error upon a judgement in Exeter in  a action on the case upon a assumpsit that in consideration the plaintiff will  will deliver two hundred and a quarter of woad the defendant tailor assume to  pay as much as it shall be reasonable worth and upon another consideration  assume to do another act tailor plead non assumpsit the jury find quod  assumpsit and assess for damage thirtythree pound six shilling eightpence to  be pay in die if by law it may be and assess for cost six shilling eightpence  the judgement give be that he shall recover the thirtythree pound six shilling  eightpence for damage assess by the jury and the cost upon which a writ of  error be bring Germin for the plaintiff in the writ of error assign for error  first that the verdict be ill because they find general quod assumpsit and do  not divide they be croak car er p several say non allocatur for if they be  upon several promise yet non assumpsit general be good and the verdict so  general be good second because it be find that the damage of thirtythree pound  six shilling eightpence be to be pay in die if by law it may be Sed non  allocatur for the find the assumpsit be good enough and so be the assess  damage to thirtythree pound six shilling eightpence but that which be find  after be void and the judgement omit that which be void be good enough the  judgement be therefore affirm
case tailor case declaration can be deliver on a Sunday the question in a  motion make by mead be whether a service of a declaration in ejectment on  Sunday be good now upon the statute of car c and per curian it be not for it  be a process though not a judicial one for it be compulsive on the party to  appear and it may as well be say that service of a summons in a real action  may be good on Sunday a
case tailor versus lewis December among the Cause petition Ves SC a six clerk  be not oblige to deliver paper to the plaintiff till his fee be pay though the  plaintiff have pay his solicitor who have satisfy the clerk in court his whole  bill vide grey v cockeril atk Turvin v Gibson atk anon Ves the question be  whether the client that have already pay his solicitor who satisfy the clerk  in court his whole bill be liable to make good the fee of the six clerk where  the sixty clerk absconds or be insolvent the counsel for the plaintiff cite p  wms farewell versus Coker and rely upon a order of Lord keeper Bridgmans which  limit the number of underclerks Thursday the that of June car it be insist by  the counsel for Mr reynardson the six clerk that he be not oblige to deliver  paper to the plaintiff until he be pay his fee and rely upon a order of Lord  clarendon
case take versus take die ten in court Eq can ab pl S c plea of a outlawry  with the common averment of the identity of the person need not be upon oath  reference to the six clerk whether by the course of the court a plea of a  outlawry with the averment of the same person ought to be upon oath in the  Lord north time it be rule it may be without oath because it may come in on  the other side to aver that he be not the same person Vernon chancery case per  cur be only the common averment of identity of person allow the plea to be  good without oath but give the plaintiff leave to amend pay twenty Vernon  chancery case er p shilling cost per Lord Hutchins to avoid plead of outlawry  may make all that have outlawry against he defendant nothing further than the  order for liberty to amend appear Reg lib b fol vide parrot v Bowden ante p  plea of privilege and outlawry without oath allow Prat v tailor Ch can so  master v bush cite anon ibidem Bacon tract and see Mitf d edition
case talbot against case thou baste kill my wife be actionable though it be  not state quo mind he kill her nor aver that she be dead ante roll Abr Mod  vent and strange b r h Bac Abr Cowp action for these word thou baste kill my  wife after verdict for the plaintiff upon not guilty plead it be move that a  action lie not for these word because it be not say with what intent he kill  her violent or otherwise and he do not aver that his wife be dead but  notwithstanding it be adjudge for the plaintiff for it be to he intend if the  contrary he not show by the defendant that his wife be dead and it shall he  take in the worst sense videlicet violent croak Elizabeth er p croak Elizabeth  easter term Elizabeth in the common plea sir Edmund Anderson Knt chief justice  Thomas Walmsley Esq George Kingsmil Esq Peter Warherton Esq justice sir Edward  coke Knt attorneygeneral sir Thomas Fleming Knt solicitor general
case TALKARN against wrigg Trinity term James roll a declaration in assumpsit  for not find a apprentice necessary must express show that he be apprentice  ante Bulst roll Rep Mod a verdict will not cure the omission of a averment  necessary to support the action assumpsit whereas the defendant in  consideration that the plaintiff will pay to he such a sum promise to take his  son to be his apprentice for seven year in such a trade to instruct he in the  say trade and find he meat drink and apparel durante boundary prediction and  assign for breach that he do not find he meat drink and apparel c but never  aver that he put he as apprentice nor that the other accept he after non  assumpsit plead and find for the plaintiff this matter be move in arrest of  judgement that the declaration be not good and so hold all the court for he  ought to show that he be his apprentice or otherwise he be not to find he meat  and drink and although it be allege that it shall be intend forasmuch as the  breach be assign in not find meat and drink durante boundary apprenticii which  show that he be apprentice and the defendant admit it by plead non assumpsit  yet all the court hold that in regard he have not sufficient entitle himself  to the action although the defendant have plead non assumpsit and it be find  against he yet the plaintiff ought not to have judgement wherefore it be  adjudge for the defendant
case talon against Jermyn Jermyn and germy be different name but if a  defendant in plead such misnomer say and the aforesaid I come and defend c  instead of the aforesaid I who be implead by the name of g come and defend c  he thereby admit the name to be right SC comb SC Carth SC lily Ent humfridus  talon gentleman to express grief de John Jermyn in grammatical case sur  assumpsit et pillage Johan per e h father suum go for sale et make practice of  defending vim et injure et petit jud de billa pillage because to say quod ipse  nominator et voice per nomen John germy et per idem nomen a tempore birth of  oneself always cognit et peremptory or urgent call to be without hoe quod ipse  voice per nomen John Jermyn seu per idem nomen cognit et peremptory or urgent  call to be et hoc a preparation be verify unde petit judgment de billa pillage  et quod billa that empty the plaintiff demurrer and per curian they be  different name but the plea be ill because he do not say quod Johannes Jermyn  versus who billa pillage c go for sale et to say but say et pillage Johannes c  which per curian be ill though the print precedent in Thompson be as above and  judgement be give for the plaintiff quod respondea beyond shower KB er p
case TALORY against Jackson Trinity term car roll the statute of limitation do  not extend to Edward c side lev sand Com dig Dunb a demurrer once join can be  waive without consent ante barn burr Com dig Bac Abr debt upon the Edward c  for carry away his corn the tithe not be set out James and James and so until  car the defendant plead for the last three year non debet and for the residue  the statute of James c of limitation and hereupon the plaintiff demurrer and  the record be read all the court hold that the statute do not extend to this  action whereupon roll for the defendant move that the demurrer shall be waive  and they will plead non debet for all but the court say it can not be without  the plaintiff consent see will c
case tampion against Newson and bridget his wife in a action against husband  and wife both must join in the plea ante post Yelv cro car hob b r h andr burr  assumpsit upon a promise of the wife dumb sola to be the plea be enter et  prediction Johannes Newson et Bridgeta when et defend vim et in an unjust  manner c et self Bridgeta to say quod self non assumpsit et hoc c et  prediction to express grief similiter and this be try and find for the  plaintiff it be move in arrest of judgement that a plea of a wife without the  husband be no plea at all and a issue be join and try thereupon be idle and  not aid by any of the statute of Jeofails and all the court be of that opinion  whereupon a repleader be award
case TANFIELDS case debt by grantee of annuity vide post Yelv it be agree by  all the justice in the common plea that the grantee of a annuity for year can  have a action of debt for the arrearage during the term in the annuity
case TASSALL against shane Trinity term Elizabeth roll a accord to pay a less  sum can be plead in satisfaction   a   b I roll cro car ray Leon salk debt on  good the condition be to pay upon the that of Feb defendant plead a accord  that Feb that if he pay l upon the say that of Feb that he will accept it for  the payment of the and plead a tender at the day el encoreprist this be but a  concord which be no plea in debt without satisfaction it be adjudge for the  plaintiff a
case tate versus austin refer to earl of Kinnoul v money swan n Clinton v  Hooper Ves jun a disapprove Hudson v Carmichael key Eq can ab pl S c the wife  join with her husband in a fine to raise pound by mortgage of her own estate  to buy a place for her husband husband die the mortgage shall be pay out of  the husband personal estate if there be enough to pay all his other debt the  wife join with her husband in a fine to raise pound out of her own estate for  the use of her husband to equip he as a officer he the army the question be  whether the husband personal estate shall be apply to exonerate the mortgage  per cur the wife subject her estate to supply the want of her husband it must  be take to be a debt due from the husband and to be pay out of his personal  estate if he be able but all other debt shall be first pay affirm in dom proc  bro p c vide p wms SC where Mr Cox in a note have give a full statement of the  material part of the decree et vide paulet v Delaval ves where per Hardwicke  Lord chancellor there be several instance wherein wife concur to pledge part  of their separate property for a debt of the husband as a security the court  have never say that the security shall not take place but hold it to stand as  a pledge indeed and that the husband shall exonerate but although it appear to  be clear settle that where wife estate be mortgage for the benefit of the  husband she have a right to stand as creditor yet it be also hold that this  may be repel by evidence to show her intention to the contrary Clinton v  Hooper bro Ch Rep in which the doctrine and case be state and consider and the  rule lie down by Thurlow Lord chancellor that the title of the wife to be  exonerate be precise the same with that of the heir et vide rayson v  Sacheverel ante vol p and note there inn v Jackson Ves Bligh Ruscombe v hare  dow Vernon chancery case de term S the number three in curian porter
case tay versus slaughter January tenant in tail without levy a fine or suffer  a recovery may appoint to a charity which shall bind he in remainder tenant in  tail settle land for a charity and in a decree be make by the commissioner of  charitable use for apply these land to the charity then the precedent in  chancery er p estate tail be spend and Tay who be the remainder man in fee and  a infant put in exception to the decree that he ought not to be bind by the  decree not come in under the tenant in tail but all the commissioner be of  opinion that all appointment of tenant in tail to a charity be by the statute  good and bind against the remainder man as well as against the issue in tail  and therefore confirm the decree with cost
case teat case a condition to deliver a obligation be not perform by the  delivery of it after it have be put in suit and judgement recover on it post  more gold Leon side ray ba ab wood bull n p debt upon a obligation the  condition of the obligation be that if the obligor deliver to the plaintiff a  obligation in which he be oblige to the defendant before such a day that then  c the defendant sue the plaintiff upon that obligation and recover and  afterward before the day he deliver the obligation to he the question be if  this be a performance of the condition Wray c j and the other justice hold it  be not although the word be perform yet the intent be not perform for the  intent be he shall have the obligation for his discharge which be not by the  delivery of it at the day for it be transfer in remember judge and  notwithstanding the delivery of the bind yet he may have benefit of the  judgement a l ray cro James bro Cas Ch croak Elizabeth er p
case temple against bishop bill of Middlesex take out by four abate by death  of one and new writ must be take out by survivor by journey account it be hold  per curium that where four take out a bill of Middlesex by the death of one of  they the writ abate and a new writ shall have be take out in the name of the  three survivor by journey account and when one of they die the bill abate and  a new bill shall have be take out in the name of the two survivor only by  journey account
case temple against Killingworth case lie for sue in a court which have no  jurisdiction S c Carth S c show holt chief justice of late it be hold that  case will lie for prosecution in a inferior court where that court have not  the jurisdiction the first case in point be at Huntingdon assize and refer to  the common plea and there adjudge that to sue a man without any cause of  action at all no action lie unless it appear to be with a malicious and  vexatious design
case temple against temple debt lie by a administrator for arrear of rend to  husband and wife jOinttenants foy life see Geo c where administration be grant  by the judge of a peculiar his authority must he show ante post cro James corn  dig salk debt the case be a rend be grant to baron and feme for their life the  rend be arrear the baron die another rend be arrear the feme die intestate and  her administrator bring debt for the arrearage due in the life of the baron  and after the court resolve that it well lie because the arrearage survive to  the feme as well as the rend itself but a exception be take to the declaration  for that it be allege that administration be commit by the dean of Litchfield  and it show not by what authority he commit it nor that he be loci that of  order and for this cause the court hold the declaration to he ill for the  court intend not his authority hein special without show it but the plead  ofadministration commit by a bishop be good enough without say that he be loci  illias of order for so it shall he intend and so the precedent warrant it but  in a bar or replication it be vicious vide Henry pl
case temple against wield money deposit on a wager in the hand of a  stakeholder become the property of the winner the moment the wager be decide a  action of indebitatus assumpsit be bring for money receive by the defendant to  the plaintiff use upon evidence the case come out thus the plaintiff and  another lie a wager the defendant hold the stake the plaintiff bring evidence  that he have win the wager blencowe justice who try the cause be of opinion  that the plaintiff have mistake his action because this money can not at the  time of the action bring be say to be money receive to the plaintiff use since  the defendant be not to pay the money until the wager be prove to be win and  the plaintiff be nonsuit the plaintiff now move to set aside his own nonsuit  because it be occasion by the judge mistake the law the court the action be  well bring for upon the wager win the money be actual the plaintiff though he  can not receive it before the fact be make appear say adjournatur
case Templeman against case to trespass for enter a house and take good the  defendant may plead that he enter in aid of a bailiff and take the good of  another action upon the case for enter the house and take the good of the  plaintiff in the say house the defendant plead in bar that he enter in aid of  a bailiff who have a writ of execution and take the good of another and not of  the plaintiff the plaintiff demurrer modern report upon the demurrer three  point be make first that this plea amount to no more than the general issue  modern report er p second that this plea be nought for want of show how the  good come there whether wrongful or rightful three that it be nought because  it be say in assistance and not by command of the bailiff the court the plea  in bar be good notwithstanding these exception as to the first point a  possessory right be sufficient to maintain a action of trespass or case though  not a replevin and upon not guilty plead this give in evidence that they take  another man good and not the good of the plaintiff will not have maintain such  a general plea because though the good shall not in reality be the plaintiff  yet be in his house and possession they be so far his as to maintain this  action as to the second point it be impossible for the defendant to show how  as to the three point the command or desire of the bailiff be not necessary  for every one not only may but be by law bind to give their assistance to  officer in execution of justice
case tempt Hardwicke between the parish OF ARMSLEY and bramley payment of the  landtax gain a settlement under will III c sq burr set Cas pl Ses Cas pl S c a  pauper go from the parish of Bramley where he be settle to the parish of  Armsley and there pay two quarter payment to the landtax and then he be by a  order of justice which be confirm by the session remove back to Bramley as the  place of his last legal settlement which order Clayton move to quash upon the  authority of the case of the parish of Okehampton and kendon Pasc geo two burr  set Cas pl Ses Cas pl and of Comberb for that payment to the landtax gain a  settlement by the stat W m c this statute S require the be charge with and pay  his share towards the public tax or levy of the town or parish the word of the  statute be that if any person shall be charge with and pay his share towards  the public tax or levy of the town or parish he shall be adjudge to have a  legal settlement Wilson contra this be not within the statute because not a  whole year pay Lord Hardwicke c j the intention of the Act be only to make  payment to the landtax be a sufficient notice to the parish the only doubt  that ever be upon this Act be whether the land be to be reckon such a tax as  the statute mention but that be now get over and payment of two quarter be a  sufficient notice order quash and pay the landtax although the tenant be allow  it by the landlord burr Sett can although now by Geo III c S the tenement must  be of the yearly value of ten pound but payment of surveyor or highway rate  shall not gain any settlement Geo I c S nor shall payment of that erates and  duty on house window and light entitle the person so pay the same to a  settlement stat Geo II c S and the payment of private rate such as for the  repair of a county bridge can Sett Rem I or for the relief of the poor of a  will be not within the stat burr Sett can pl case tempt Hardwicke er p
case tempt Hardwicke Bidgood and haw motion for judgement on a affidavit of  the fact attend the seal a lease on the premise they be empty grant Filmer  move in ejectment for judgement against the casual ejector upon a affidavit  that the message in question be empty and the door shut one brown do enter  thereon by take bold of the knocker and stand on the threshold and be there in  possession do there seal a lease to Bidgood and brown deliver case tempt  Hardwicke er p possession by take hold of the knocker c and Bidgood take  possession by take bold of the knocker c and afterward haw dispossess Bidgood  by take hold of the knocker c and then the deponent deliver a ejectment to say  haw cur take your judgement this remedy be give in case of vacant possession  by stat geo
case tempt Hardwicke bind versus allen although it may be doubtful quaere  whether a action in debt by original will lie in king b yet a outlawry  commence and prosecute in debt in that court will not be set aside for  irregularity motion to set aside a outlawry for that it be a action of debt by  original in this court whereas such action lie not here by original Lord  Hardwicke c j I have see good opinion that aft action of debt by original will  lie in this court though it be general hold otherwise Inst try command it be  now settle that debt by original lie in king b Tid edit however this make not  the outlawry void so as to be set aside for irregularity case tempt Hardwicke  er p
case tempt Hardwicke CASWALL versus martin appearance cure the defect of  process even in a appeal take a declaration out of the office amount to a  appearance Str S c move to stay proceed because the copy of the latitat which  be serve be only to answer I c Esq without say in a plea of trespass or show  any cause of action strange solicitorgeneral for plaintiff there have be  common bail file for defendant by the plaintiff and defendant attorney have  take the declaration out of the office and pay for it which be a waiver of the  defect in the process stram stram atk Barnard b r cite Widdrington Charlton  Trin Ann Mod in appeal of murder the defendant come in upon the exigent and  the objection be that the court do not pursue the writ for it be a appeal by a  widow and the writ of exigent have not the material word de death man Himself  but it be hold the appearance have cure the defect of the process I salk see  Wilson v law also a case of appeal I ld raym SC more at large skin see the  case of Morgan v Luckup in easter term last ante per cur the take out a  declaration and pay for it cure error in the process for per page I the  process be only to bring he in and he can have declaration without come into  court see pa ante d
case tempt Hardwicke collet versus JENNIS on affidavit that one of the  defendant bail be a material witness for he in the cause and upon add and  justify another in his stead the name of such bail will be strike out of the  bailpiece stracy move that the recognizance of b one of the bail for the  defendant may be discharge and another person one spillet may be make bail in  his room because that say b be a material witness for the defendant and  spillet come and offer himself and undertake to be bail in court and justify  cur therefore order the name of b to be strike out of the bailpiece and split  name to be insert in his room this case seem to have escape the writer on  practice but see barn imp c p S p
case tempt Hardwicke collins and Muxworthy Writ of error amend in the style of  the court to which it be direct Writ of error direct to the mayor recorder and  alderman of the city of the bath whereas the style of the court as appear by  the record return be the mayor c justice of the city of bath draper move upon  the statute of geo I c the word of the statute be recite that writ of error as  the law then stand be not amendable that all writ of error wherein there shall  be any variance from the original record or other defect shall be amend and  make agreeable to the record by the court where the writ of error be  returnable that the writ may be amend by the record and have a rule to show  cause and no body appear at the day the rule be make absolute see Lord raym  and where the writ of error be bring in case where the original action be in  covenant amendment of the writ be allow taunt see also Str Cowp
case tempt Hardwicke DAINTREE and justice leave grant to charge the defendant  already in custody on a charge of felony with civil process defendant be in  custody of the sheriff of Middlesex upon a charge of felony draper move that  he may have leave to charge he with mesne process videlicet with a latitat cur  be it so Acc t raym side SC lev side SC I salk and see the case cite Tid n b  Edward but where the defendant be on criminal process in the custody of the  gaoler of a house of correction d the motion be deny east r et n
case tempt Hardwicke dodd and Adcock attachment against a deputy town clerk  for take a affidavit of the cause of action he then act as attorney for the  plaintiff refuse upon application make for a attachment against one slater for  take a affidavit of the cause of action be be a deputy town clerk and then act  as attorney for plaintiff Lord Hardwicke c j whether this be right or wrong do  I do not see there can be any ground for a attachment for the course of the  court be that if there appear only a mistake in judgement to refuse the read  such affidavit and if it be do wilful then to grant a information therefore I  think this be no reason for a attachment though if be act as judge in the  cause be attorney at the same time that will have be a ground for a  information see r e geo two I r two
case tempt Hardwicke Edgar and farmer service of process be bad where a sight  of the original be demand be not grant No advantage can be take of  irregularity in the service of the process after interlocutory judgement  common bail must be file of the term the writ be returnable on the master  report as to the regularity of a judgement it appear that the defendant be  serve with a copy of process but do not see the original process though be  demand it see Tid and therefore take no notice but let plaintiff sign his  judgement it appear likewise that the writ be returnable in easter term and  plaintiff file common bail as of Trinity term and so sign judgement in  Michaelmas term per cur the service of the writ be bad but be cure by  defendant let judgement go though be know it but service on a Sunday be void I  salk by the stat car ii s may be object to even after rule to plead give east  r east d b but the irregularity of fill the bail remain for when a writ be  returnable in one term if bail be not file of that term but of a subsequent  term the cause be out of court and for this irregularity the judgement must be  set aside t r Holmes white imp king b S p also cite Tid but it may be file any  time before the to die post of the succeed term as of the precede term east r
case tempt Hardwicke fletcher versus richardson in plead condition perform the  rule be that where there be a negative and affirmative the have perform the  negative must not only be show but likewise the affirmative therefore in a  action of debt upon bind condition that a receiver shall duly account and  shall in all respect behave himself as a receiver ought and the defendant  plead that he never receive but one penny which he have pay to the obligee but  do not allege that he do in all respect behave himself c such plea be have  upon general demurrer action of debt upon bind which on oyer appear to be that  a receiver of the rend of a estate shall account duly and shall in all respect  behave himself as a steward or receiver ought to do defendant plead that he  never receive but one penny which he pay to the obligee plaintiff demurrer to  the plea and show for cause that he have not plead that he do in all respect  behave himself as a steward ought Lord Hardwicke c j the plea be have and what  be show for cause of demurrer need not for it be substance for the rule in  plead condition perform where there be a negative and a affirmative the  pleader must not only show that he have not perform the negative but likewise  that he have perform the affirmative upon the manner of plead performance see  a very elaborate note I wms sand n where the learned editor have collect and  discriminate the authority sergeant agar for defendant then move that here be  a discontinuance the declaration be of hill term and a imparlance to Trin term  Lord Hardwicke c j but it be the course of this court to give the imparlance  upon the declaration till the day of plead Tid judgement for plaintiff
case tempt Hardwicke Francis and nash execution issue within the time specify  by a to be remiss execution set aside but where long collateral agreement be  state as a ground for stay execution the court will not interfere but leave  the party to his remedy in chancery nothing that can be sell can be take in  execution as deed write c bank note can be take in execution on a motion to  set aside a execution on a judgement confess for irregularity resolve that  where judgement have be confess with a express to be remiss execution till a  certain time and execution be take out within that time the court may set it  aside but where there be long collateral agreement and the defendant allege  that case tempt Hardwicke er p by reason of they execution ought to stay this  court can enter into and try the equity arise on they but the defendant if  aggrieve must apply for relief in chancery dly nothing can be take in  execution that can be sell as deed write c dly that bank note c can be take in  execution east r east r S p I Doug contra but then as observe by Lord  Ellenborough c j east r it pass by consent for though they be assignable over  yet notwithstanding they remain in some measure choose in action and the  sheriff or his be bargainees can bring a action on they without assignment  notwithstanding the Act stat W and m c S for assign they yet they be so much  thing in action that it be necessary to have a new stat geo two c S perpetuate  by geo two c Act in order to make the steal they felony for the first point  this case be cite Tid see also I Mod for the three and last point this case be  cite Tid
case tempt Hardwicke holt and MABBERLEY a defendant can plead both in bar and  in abatement at the same time to the same matter theed in a action of debt on  bind move to plead double non be factum and coverture in the plaintiff but cur  refuse it because one be a plea in bar and the other a plea in abatement such  a plea will be dernurrable see p ante d but in some case the defendant may  plead in abatement to one part and either in abatement or bar to the other  part of the same declaration Com dig title abatement I and in a action against  two defendant each may plead distinct matter in abatement of the same suit d  ib or one may plead in abatement and the other in bar d ib see also I city on  plead
case tempt Hardwicke hood and Hebden where the ecclesiastical court entertain  a question as to a modus prohibition lie Filmer to show cause against a  prohibition in a suit for tithe he say the suggestion be not that the tithe be  not due but that they be due to the impropriator and the plea below be that of  a modus he cite roll Abr roll Rep that where the dispute be only between  parson and vicar no prohibition lie Bulst drayton and Cotterill smith in a  suit for tithe a suggestion for a prohibition be that a modus be Payable to  the vicar and the prohibition deny because the modus can come in question but  only the right of tithe to who belong whether to parson or vicar cite drake  and tailor Pasc geo I stram a vicar libel against the lessee of the rectory  for tithe of turnip and it be suggest for a libel that tithe belong to the  rector and not to the vicar and the court will not grant a prohibition be mere  between ecclesiastical person and no question about the right of tithe but  only to who Payable Dennison con the case in Bulst it be not formal deny but  the case in side be contrary to Bulst and refer to Bulst at the end of it deny  to be law in side and it appear here by affidavit that they be proceed below  to examine witness to the modus Lord Hardwicke c j upon that a prohibition  must go to declare in see will
case tempt Hardwicke lock and Shermer upon motion to stay proceed upon payment  of principal interest and cost cost in equity must be include upon application  to stay a action of debt upon bind upon payment of principal interest and cost  sergeant chapel show cause and oppose it unless they pay the cost of a suit in  the exchequer relate to the same matter Lord Hardwicke c j I believe it have  be rule upon the statute for amendment of the law Ann c S that they shall do  so and cost in equity relate to suit on bind have be refer to and tax by the  master so let rule be absolute to stay the proceed on payment of principal  interest and cost and of the cost in the exchequer in I Tid be cite I Str  contra but the plaintiff be not entitle to the cost of a former suit wherein  the judgement have be reverse on a writ of error d see also p post
case tempt Hardwicke Metcalf and roe ejectment for cattlegates cure by verdict  andr r S c ejectment for ten acre of pasture and cattlegates in close  inYorkshire and verdict and judgement for plaintiff and now upon a writ of  error Dennison except that a ejectment do not lie for cattlegates without  pasture for cattle Parker contra cite dallison that a ejectment lie for  pasture for one hundred sheep Lord Hardwicke c j Cattlegate in this record be  a insensible word and go we may reject it but it must either be a synonymous  word for pasture land and for that a ejectment will lie or it must mean common  of pasture for cattle and accord to very many case such common of pasture must  after verdict be understand to mean common appurtenant and for that too a  ejectment will lie lee I we must either reject the word or take it to mean  common and now after the verdict common appurtenant judgement affirm but it  seem that land will be sufficient describe by provincial term of the county in  which they lie see Str id wherein it be hold that ejectment liesn for cattle  gate
case tempt Hardwicke sayer versus curtis a variance between the plaint and the  declaration in a inferior court be help by verdict No diminution can be allege  of record from a inferior court error on a action of assault in the palace  court and verdict and judgement for plaintiff the exception be that the plaint  be date before the cause of action lie in the declaration Benny for the  defendant in error plaint in inferior court be look upon as original and the  want of they aid by the statute of Elizabeth for though the statute name only  original writ yet it have be extend by equity as hob Wilson case want of a  bill of privilege against a attorney of c b aid hob Woodhouse case want of a  bill in the king bench aid by cro Elizabeth cro car writ variant from the  declaration shall not be intend the writ on which find but that the writ be  want and so help after verdict style and salk variance between a plaint in the  inferior court and the declaration help by the verdict probin I if this be a  improper plaint to support the action it be no plaint in the action and where  there be no plaint it be aid and that last case be in point lee I all the  proceed in the court below be now suppose to be before we for when a inferior  court have return a record there can be no diminution allege salk ace but the  court may if they see occasion award a certiorari ad informand knowledge d ib  n a the general rule do not it be say extend to Wales I side Vid godb case  tempt Hardwicke er p and where the plaint be have the court after a verdict  will not suppose it to be the plaint page I of the same opinion judgement  affirm
case tempt Hardwicke the king and inhabitant OF oulton motion to affirm order  of session on the ground that although it have be remove into b r two term no  proceed have be have thereon grant unless cause show before the end of the  term Dennison move to affirm a order of session which be remove into this  court for that it have be in two term and no proceed thereupon per cur let it  be affirm unless cause show before the end of the term
case tempt Hardwicke the king and white and other attachment for a contempt  lie for disobedience to a judge warrant apply Taafe v down Moo p c move for a  attachment against the defendant constable of Scarborough for not obey the  chief justice warrant direct to all constable throughout England to arrest a  man for felony and per cur the judge of this court have power to grant warrant  to be execute by all constable c throughout England and disobedience to a  judge warrant be a contempt of the court and such a contempt as the court will  take notice of by way of attachment
case tempt Hardwicke the king versus baldwin service of a rule nisi for a  information for a libel upon the defendant wife he at the time of service be  in France hold have the question be whether service of a rule to show cause  why there shall not be a information for a libel upon the defendant wife the  defendant be at that time of service out of the kingdom in France be good  service and it be allow that general service on the wife in these case be good  service but the reason of that be because the law presume the husband must  have notice of it by reason of conversation and intercourse that be between  they but that in this case the presumption cease and therefore the court upon  this matter be show for the defendant hold it be not good service
case tempt Hardwicke the king versus duffin mode of strike a special jury in  the absence of one party affidavit must be file in time they be record of the  court and every subject have a right to a copy of they Lord Hardwicke c j in  strike special jury if one party do not attend it be for the master to settle  the fortyeight then the attorney of that side which attend strike off twelve  and the master strike off other twelve in behalf of that side which do not  attend see r t will III b r upon a application for enlarge a rule for a  attorney answer the matter of a affidavit Lord Hardwicke say and the court  agree that the rule of court be probable r m Geo h be that allude to that  affidavit ought to be file in this case the affidavit be take before  commissioner in the country before they can be read and that to be do the day  case tempt Hardwicke er p before the rule say in such convenient time that  copy may be duly make and deliver to the party fill the same for they be read  as copy of the record of the court and they be so esteem record as that every  subject of England have a right to take copy of they and they ought also to be  file that copy may be make or else the crown be defraud of the stampduty  further as to fill affidavit see peacock rule and order king b index title  affidavit
case tempt Hardwicke the king versus holland rule to show cause why a  attachment shall not issue for not obey a order of session confirm in king b  make absolute Chute last term move for a attachment against the defendant for  a contempt in not obey a order of the quartersession which be remove into this  court and confirm the order be that the defendant who be convict of be the  father of a bastard child shall pay so much a week for its maintenance and a  arrear of week be demand be refuse to pay it and the court will only grant a  rule to show cause because they say it be not like a refusal to pay cost tax  and this term the cause show be insufficient the rule be make absolute but the  attachment be order to lie in the sheriff hand for a week that he may have a  opportunity of pay if he will ld raym ld raym send for
case tempt Hardwicke the king versus TURFOOT a writ of excommunicate to take  in hand in the conjunctive I e for substraction of tithe and other  ecclesiastical duty hold good marsh move to quash a writ of excommunicate to  take in hand which recite the significavit to be of a excommunication for not  appear to a libel in the ecclesiastical court in a cause there for  substraction of tithe and other ecclesiastical duty and emolument upon the  authority of the case of the king and foul in I salk see also Str ace S p he  infer that in this case as well as that the writ be have for uncertainty but  per Lord Hardwicke c j this have be determine to be no exception and the  difference be when the significavit be in the disjunctive as in the case in  salk sive another the juice of the purple ecclesiasticor for there it be  uncertain and have because the court may have excommunicate upon the alian  jura which be not certain enough and when the significavit be in the  conjunctive as this case be because the excommunication appear to have be upon  what be certain allege tot cur accord and will not quash the writ it shall  seem that the uncertainty do not arise upon the significavit be wit the  disjunctive see Str Kel SC where the significavit be for slander or defamation  but the court say that be not uncertain as reprimand be
case tempt Hardwicke TOTTAGE versus petty to a action for a assault and  battery calmly manus to place upon may be plead to the battery action of  assault for several battery and wound defendant as to the wound plead not  guilty and as to the battery be justify that the plaintiff enter his house  without his leave and there disturb he and because he will not go out  defendant calmly manus to place upon on he which he aver be the same battery  to this plea the plaintiff demurrer Benny for plaintiff except to the plea  that it be have because it have not only justify the assault but the battery  which he can do as he will infer from the case of William and Jones Trin last  ante he except likewise to the plea as have because it do not show that the  plaintiff refuse to go out of his house Lord Hardwicke c j it be lie that  because he will not go out therefore c which be a good averment as to the case  of William and Jones there the defendant justify a battery by a bare arrest  and the question be whether he shall not have show either a calmly manus or  that he have arrest the plaintiff do the battery in his own defence but it be  not determine b we that a battery can not be justify by a calmly manus but  that it can not be justify by a arrest per cur judgement for defendant further  as to the plea of calmly manus to place upon see Com dig pleader m but see  also t r where this plea be hold no answer to a charge against the defendant  for strike the plaintiff repeat blow and with great force and violence several  time knock her down
case tempt Hardwicke williams and nash a attorney not enter a appearance  pursuant to his undertake by a endorsement on the writ incur contempt agar for  plaintiff move for a attachment against Mr eadnell the defendant attorney for  not enter a appearance for the defendant as he undertake to do by endorsement  on the bill of Middlesex cur you shall have a rule upon he first or else it be  no contempt therefore case tempt Hardwicke er p as he take notice of the  motion let he enter a appearance accord to his undertake Str S p but the  undertake must be sign by the attorney write it be not sufficient see loft n d  edit see also I t r yet a agreement in write to put in bail make by a three  person with the bailiff in consideration of his discharge the party arrest be  void by stat Henry VI N B if he have not take notice they will only have make  a rule to show cause
case tempt Hardwicke woodcock and brook claim of conusance allow in behalf of  the university of Oxford and such claim shall be make primo die defendant  arrest in a action on the case by process out of this court and in behalf of  the university of Oxford sergeant chapel move last term that conusance may be  allow to the university Lord Hardwicke c j when be the action bring for you  ought to come primo die and satisfaction be give in that a entry of a warrant  of attorney from the earl of Arran chancellor of the university to claim  conusance be read then a entry of the latitat sue out of this court then the  letter patent to the university then a exemplification of the Act of  parliament which confirm those letter patent then a record of the like  conusance allow they in this court Pasc Rotulo then affidavit that the  defendant be a barber in Oxford and be matriculate in the university and dwell  in the university and another affidavit that he be a servant of new college  with a stipend and the warrant of attorney be likewise read andthereupon the  court make a rule to show cause and now this term no cause be show the rule be  make absolute see east r and also east r and for a general view of the case  practice and form see bring Dict title Conuzance or cognizance
case tenancy against brown what certainty be sufficient in aver performance of  a condition precedent the qualification require of juror do not extend to  Edward c post hawk error of a judgement in the queen hench upon a promise  first error that the plaintiff in the action declare that whereas the  defendant be indebt to he in ten pound he do assume that if the plaintiff will  forbear he one week that he will pay it and allege that he do forbear he for  one week but say not for one week follow say non allocatur for it can be  otherwise intend second error for that the plaintiff be a alien the trial be  per medietalem linguce and the v venire facias be quorum quilihet hahet four  pound land whereas a alien can have no landSed non allocatur for it shall he  refer only to the English and the judgement be affirm croak Elizabeth er p  croak Elizabeth easter term Elizabeth in the queen Heneb sir Christopher Wray  Knt chief justice sir FrancisGawdy Knt John Cleneb Esq Edward Fehner Esq  justice sir John Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor  general
case TERNEGAN against glass c January ne exeat royal power against a marry  woman executrix her husband have leave the kingdom and take away his effect  lib a foe nom Jerningham v glass S c dick atk Tur r n motion by Mr Newnham for  a ne exeat royal power against the wife who be executrix the defendant her  husband have withdraw and take all his effect out of the kingdom and the usual  affidavit be make Lord Hardwicke c doubt whether it will be proper because as  a marry woman she have no property of her own and therefore can not be able to  give security beside it will be separate her from her husband he mention the  case of boyce v hold Eq can Abr pl vern nom dubois v hold in Lord cowpers time  where this writ be grant against the wife but there she appear without her  husband and be sue to contempt ambler Mr Newnham be direct to move it again  the next day at the rise of the court and to search for precedent in the mean  time his lordship say it be as strong a case as can happen of the kind and on  the next day saint August it be move again his lordship mention the case of  more v Mellish dick and vern n nom more v Meynell in which he say he have find  on search the register book and on the authority of that precedent grant the  motion in pannel v tailor Tur Rus Lord Eldon after full consideration of the  principal case and the case of dubois v hold and more v meynal decide that a  writ of ne exeat royal power against a feme covert administratrix can not be  sustain but in more v Hudson mad leech V c grant writ of ne exceat royal power  against husband and wife executrix the plaintiff undertake not to serve more  than one of the writ
case TERREYS case in a indictment OD a public statute a variance in that which  be insert by word of inducement only be not fatal a person convict on Henry c  may be fine and pillory terrey a merchant be indict upon the Henry c of false  token because that be by a false note in the name of John dubois obtain into  his hand a wedge of silver of the value of two hundred pound and find guilty  Charles Jones and Holborn take exception against the say indictment for  variance therein in several word from the statute but because there be not any  recital nor misrecital of the statute but it be only a inducement to the set  down thereof and not in any point material the court resolve it to be good  enough and thereupon it be adjudge that he shall stand upon the pillory in  Cheapside and upon the pillory in Cornhill near to the exchange upon the  Saturday croak car er p follow and shall pay fine to the king of five hundred  pound a and be imprison during the king pleasure and be bind with good surety  for his good behaviour see Geo c croak car hilary term car in the king bench  sir John Brampston Knt chief justice sir William Jones Knt sir George croak  Knt sir Robert Berkley Knt justice sir John bank Knt attorney general sir  Edward Littleton Knt solicitor general
case tesmond against johnson Trinity term James roll a declaration in trover  be good though the conversion be allege before the loss for postea be  sufficient and the day be after the videlicet and repugnant shall be reject  ante post salk stram burr Bl Rep trover of good and suppose that may James he  be possess of those good and the same day lose they and that may year say in  addition to they come to the defendant hand by trover and that postea  videlicet may year say in addition to he convert they and it be find for the  plaintiff it be now move in arrest of judgement that this declaration be not  good for the conversion be allege before the trover which can be and therefore  void say non allocatur for it be adjudge that postea to turn round be croak  throw sufficient and the scilicet be void and a precedent a be then show in a  ejectment where the ejectment be allege that postea scilicet such a day which  be before the lease and it be find for the plaintiff for the scilicet be  repugnant be void and the postea ejeci be hold good enough whereupon it be  here adjudge for the plaintiff case memorandum Writ of error from king bench  to the exchequer Chamber ld ray Cromp prac dougl note that where a record be  move out of the king bench by a writ of error a Adam v goose ante croak James  er p into the exchequer Chamber a it be not any record in court until the  error be determine and if there be any mistake by the negligence of the clerk  in the transcript the course then be to send for the clerk of the court and to  amend it in the exchequer Chamber but if the principal record which remain in  court be false then to amend it and thereupon to allege diminution and upon  certificate thereof the transcript shall be also amend if it appear to be but  the negligence of the clerk only
case TH0MAS harrington against sir William Garraway vide ante page in debt for  rend upon a lease take by extent upon a statute if the defendant plead that  the lease be take by a former extent on a prior statute the plaintiff may  reply that the first conusee have take a lease of the reversion and shall not  be put to a hearing complaint ante post roll ab vent   light   debt upon a  lease for year make by sir John Harrington to the defendant and that afterward  he be bind to the plaintiff in a statute of one thousand pound and that this  reversion and rend be deliver in extent wherefore he take it by the extent  unde action to grow progressively the defendant plead a former statute to sir  William Cockeyn of two thousand pound and that this reversion and rend be  extend upon that statute the plaintiff reply that sir William Cockeyn after  the statute make to he and the statute make to the plaintiff have take a lease  for year of the reversion so he have suspend his statute thereupon issue be  take that sir John Harrington demise to he this land it be find for the  plaintiff quod to send down Noy now move in arrest of judgement that this be  no cause to give the extent to the plaintiff nor can he avoid the extent of  sir William Cockeyn but upon this matter if there shall be cause to avoid the  extent he ought to have bring a hearing complaint to avoid it and not  otherwise for that he be in by matter of record as ass pl Edward and other  book that a croak throw statute be of record can be avoid but by matter of  record say non allocatur for when the plaintiff have once lawful extend and  the land be deliver to he in extent he may avoid in this action by plea the  extent upon the former statute and shall not be put to a hearing complaint for  the second extent never be lawful but be suspend by take the lease and then  the plaintiff have well extend may well maintain this action wherefore it be  adjudge for the plaintiff a
case that which is not bound   SC Tr James Wescots case a verdict of a jury  upon a office find a tenure by knight service of the prince as of his duchy of  Cornwall prout to stand open per a record be not good the verdict ought to be  positive and not relative prout to stand open a melius to seek after be award
case that which is not bound ass pl e   wait case   b h one appeal shall be  bring against all the principal and accessary and the accessary of the  accessary for there be only one appeal to be bring and if any one be omit he  can it be sue by another appeal but the omission of any of they do not vitiate  the appeal as to those against who it be bring pnae are restringend resolve by  the counsel I understand the case of accessary of accessary to be before the  fact for such may have accessary for they be quasi actor in fact but as for  accessary after the fact they can have accessary
case that which is not bound e patent to know facias two patent be grant of  the same thing the first patentee shall have a to know facias against the  second patentee to repeal the second patent if the first patentee be oust he  have his election to bring a assize or to know facias if the patent be for  land or for a office for life by the justice of both bench regular the law be  as aforesaid but the young patentee may have it against the elder
case that which is not bound h dally pl   b Fitzherbert Resceit Mesne Resceit  baron and feme a writ of mesne be bring against husband and wife for acquittal  due by the wife at the grand distress the husband make default in this case  the wife shall be receive to defend her right for if in this case judgement  passes against husband and wife the wife inheritance will be bind by it a  husband can prejudice his wife as to her freehold and inheritance a wife be  entitle to dower of the land of her first husband her second husband accept  for this dower less than her three part after the death of this second husband  she may Jenkins er p waive it and have her full three part the husband by his  grant may dispose of the good and chattel which his wife have in her own right  or as executrix
case that which is not bound h hob   b prince case parliament Commons a act of  parliament mention to be make by the king and the lord be null and void e the  commons be not judge in parliament
case that which is not bound James hob Moreton versus Orde Durham trial office  de court exposition de parols a ejection strong be bring in the exchequer for  land in Durham upon not guilty plead the entry there be mitta record to the  bishop of Durham ita quod mandet record prediction in person justice domini  king there ad triandum exit prediction ad neighbor curian post reception short  catalog prediction and after the trial the bishop be to certify the record to  the court where the plea begin a writ of mittimus along with the record be  direct to the bishop to this purpose the bishop certify the baron to put in  hand the say record secundum course short catalog prediction Julii I James ad  triandum exit in person I speech justice upon this a venire facias be award  and afterward a habeas corpora for the juror and the trial be Augusti James at  which day the jury appear and no one pray this trial it be find for the  plaintiff he have judgement affirm in error the trial be good for when the  record be before the judge they ought ex duty to try it resolve that the word  quod mandet record and the bishop certificate that he have send the record to  be try in person he himself justice domini king be as good as to have record  in person I c and although the trial be a year after the receipt of the writ  it be not material for neighbor auria in the mittimus to the bishop be to  deliver it ad neighbor curian post reception short catalog prediction in  person justice domini king ad triandum exit prediction and not to try it then  the bishop of Durham be always one of the king judge there
case that which is not bound may bend pl Cy lev dyer prohibition account hob  Ro Abr palm Bulst Poph a devise his land to be sell by his executor and the  money thence arise to be distribute among his daughter the spiritual court  have no jurisdiction of this matter for it arise from the disposal of a  freehold and a prohibition lie to the spiritual court in this case if they  meddle with it by the judge of both bench it seem that account lie in this  case at commonlaw for the daughter against the executor for the money for the  land be receive by they to the use of the say daughter Edmonds case Hobart  James Elizabeth dyer   light h h h h Keyleway if the executor die before  payment to the daughter there may be a suit for this matter in the spiritual  court the law be otherwise by c cap make perpetual and W and m for account do  not lie against the executor or administrator of executor
case the alderman OF Chesterfield case the grantee of the crown can grant over  post   Litt a roll ab the queen make a lease for year of land to the man of  Chesterfield render rend the grant be to they by the name of the alderman of  Chesterfield and they by the name of the alderman of Chesterfield grant all  their interest to clarke in the say land it be agree by the court that the  grant by they be void for they by the grant of the queen have capacity to take  but not to grant the land to another b more cro car Leon Owen lev c cro car  cro James hob more Bac ab fitzg vezey Cowp   a Skinn sheep touchst croak  Elizabeth er p croak Elizabeth hilary term Elizabeth in the common plea sir  Edmund Anderson Knt chief justice Hugh Wyndham Esq Thomas mead Esq sir William  periam Knt justice sir John Popham Knt attorneygeneral sir Thomas Egerton Knt  solicitor general
case the archbishop OF Canterbury against kemp de in be not a ood replication  in trover for tree where the defendant claim a interest in the freehold  himself ante post   a sand lev Leon cro James yely ld raym   a ante action of  trover for diverse tree at d in the county of sur they the defendant plead  that queen mary be seize in fee of the manor of d in the county of Sussex  where those tree be grow and grant it to the defendant in tail whereby he be  seize thereof and that I S cut the say tree and grant they to the plaintiff  who lose they and the defendant find and convert they c the plaintiff reply de  in an unjust manner suit pro sacred scripture pride c and thereupon I we be  join coke move that the replication be ill for de injure sudproprid be not any  plea where the defendant make justification by claim a interest in the croak  Elizabeth freehold to himself as Edward pl Edward pl pound Henry pl be upon  the same reason but where one claim not any interest but justify by command or  authority derive from another it be otherwise and of that opinion be the whole  court wherefore a repleader be award
case the archbishop OF york against sir henry Barkly variance Cowp error upon  a judgement in a quare hinder variance be assign between the record and the  writ for one be of the church of Bonnington with a double nn and the other be  Bonington with a single n and Tanfield compare it to the case of attaint which  be overthrow because one record be York and the other yerk but enter Colcester  et Colchester in bird and Shelberies case vide before it be hold to be no  difference because h non be litter send as viratio another variance because  the judgement be suppose to he give before Lord Anderson and his companion  whereas it be before Lord dyer c and this be hold a great variance and it be  command to he examine c
case the attorney general v gleg SC Amb W leaves money to be distribute in  charity at the discretion of his executor three name one of who die before the  information file this be not a bare authority but couple with a interest and  survive to the other two executor with respect to naked power and power couple  with a interest see har   Litt a note this court have a particular extensive  jurisdiction in the case of a charity the information here be dismiss with  cost against the relator Mr wright have by will leave several sum of money to  be distribute in charity therein describe at the discretion of his executor  name three person executor one of who die before the fill of the information  and the question be whether this be only a bare authority in the executor or  couple with a interest Lord chancellor I be of opinion that the executor as  take the whole personal estate out of which the charity be to issue have a  authority couple with a interest as executor have be always hold to have in  the case of legacy and therefore the power of nominate the several person who  be to partake of the charity be continue to the survivor of they but though  this be such a authority couple with a interest as will survive yet it be so  far a trust that in case of misbehaviour the court may interpose for it must  be allow that the court have a particular free and extensive jurisdiction in  the case of a charity and not confine to the proper or formal method of  proceed requisite in other case I be of opinion that the executor can not  divide the charity into three part and each executor nominate a three absolute  because the determination of the property of every object be leave by the  testator to the direction of all the executor and so much of the information  as seek a specific performance of a pretend agreement to that purpose be  dismiss with cost to be pay by the relator n b this be say to be the first  instance of such a direction after Hilary term
case the attorney general v hay Lord chancellor where a legacy be give to a  charity interest shall be pay from the death of the testator this position be  not warrant by the decree in this case the case be thus Judith Cale by her  will bequeathe pound to the minister and churchwarden of the parish of Chelsea  in trust to invest the same with the approbation of her executor in the  purchase of land and tenement and in some good security and to distribute the  yearly interest thereof unto and among six poor widow of the say parish of  Chelsea as the say minister and churchwarden shall approve of she appoint her  son John Cale and her daughter Phoebe the wife of the defendant hay executor  and die before payment of the legacy of pound John Cale also die and by his  will appoint his brother r Cale and hay and his wife executor the relator  apply for payment of the pound with interest from the testator death which the  executor refuse to comply with Lord Hardwicke decree that the charity shall be  establish and direct d the master to compute what be due for the say legacy of  pound with interest for the same after the rate of pound per cent from the end  of one year after the death of the say Judith Cale such interest to be add to  the principal and lie out in government or other security with the consent of  the say Phoebe in the name of the say minister and churchwarden in trust for  the charity Reg lib a fol the same decree be make as to the time when the  interest commence in the attorney general v pierce as it appear in the  register book Reg lib a fol atkins er p atkins see prefatory note atkins  easter term Geo may
case the attorney general v jeans January the that the court will give a  proper direction as to a charity without any regard to a impropriety in the  prayer of a information it be say by Lord chancellor in this case that in a  information by the attorney general for the regulation of a charity it be the  business of the court to give a proper direction as to the charity without any  regard at all to the propriety or impropriety of the prayer of the information  attorney general v Parker Ves attorney general v Scott Ves attorney general v  governor of harrow school Ves and that this case herein differ from all other  wherein the decree must be find on the prayer in the plaintiff bill the relief  shall in general be agreeable to the case make by the bill Grimes v finch post  vol atkins Michaelmas term
case the attorney general versus pierce December see hall v Derby sanitary  authority Q b d SC barn c r each particular object may be private but it be  the extensiveness which will constitute it a public clarity a devise to the  poor of a parish be a public charity the same as to a disposition of a sum  among poor housekeeper a question be make in this case relate to a charity  arise out of the will of mrs squire and mrs Northcote several charity of a  public nature be give under the will of mrs squire the executrix mrs Northcote  by her own will give pound to each of the public charity I give which mrs  squire have mention in her will the distinction attempt for the defendant be  that mrs Northcote mean by the word public in her will to distinguish it from  private charity atkins Lord chancellor I be rather of opinion that the word  public be mean only by way of description of the nature of they and not by way  of distinguish one charity from another for it will be almost impossible to  say which be publck and which be private in their nature the charter of the  crown can make a charity more or less public but only more permanent than it  will otherwise be but it be the extensgiveness which will constitute it a  public one a devise to the poor of a parish be a public charity where testator  have not any particular person in their contemplation but leave it to the  discretion of a trustee to choose out the object though such person be private  and each particular object may be say to be private yet in the extensgiveness  atkins er p of the benefit accrueing from they they may very proper be call  public charity a sum to be dispose of by a b and his executor at their  discretion among poor housekeeper be of this kind Reg lib a fol
case the attorneygeneral against buckley a in a information if after verdict  the defendant die before the day in bank it be a discontinuance a information  in the exchequer by the attorneygeneral against the defendant and a verdict be  give against the defendant after verdict and before the day in bank the  defendant die and the question be whether this information be within the  statute car c which enact that in all action real and personal or mix the  death of either party between verdict and judgement shall not be allege for  error so as such judgement be enter within two term after such verdict and  upon solemn argument by ware powys and hatsell Lechmere absent it be hold that  a information be not within the word action nor the king within the word party  and that it be never say the death but the demise of the king and adjudge that  the information shall be discontinue
case the bishop OF bath against bridge special cause be require to change the  venue in scan mag it be move to change the venue in a action of temptation to  sin great man but it be deny for per curium it be never grant but for  extraordinary cause as be that of my Lord Shaftsbury a
case the bishop OF carlisle case if a bishop have a commendatory within his  diocese libel for tithe in the court of the archbishop and die pen the suit  his executor may revive it ante SC roll Rep vent lev keb cro car Com dig term  Rep prohibition be pray upon the Henry c for that the bishop of Carlisle have  a commendatory within his diocese libel for tithe in the court of the  archbishop of York and hang that suit die and the executor of the bishop  revive that suit Doderidge justice the question be if a suit be lawful  commence in the archbishop court shall afterward be prohibit as illegal and in  this case although the cause cease yet the suit shall continue for by the  civil law the death of the plaintiff or defendant be not any abatement of the  libel but they have a reviver as we a resummons in ravishment of ware and  where a court be once lawful possess of a cause and have jurisdiction it will  be hard to grant a prohibition also situation that they in the archbishop  court have examine their witness so as the cause be enclosed space shutting up  and they will not hear any more examination but be ready to give sentence the  intent of the statute be not that such a cause shall be remand whereby the  plaintiff shall lose the cost of his suit And the prohibition be deny per  totan curian croak James er p croak throw trinity term James in the king bench  sir Edward Montague Knt chief justice sir John croak Knt sir John Doderidge  Knt sir Robert Houghton Knt justice sir Henry Yelverton Knt attorney general  sir Thomas Coventry Knt solicitor general
case the bishop OF gloucester against veal quare he foot soldier I roll ab cro  car   ld raym Com dig error to reverse a judgement in quare hinder the first  error assign be for that the plaintiff declare that a stranger be possess for  year and devise it to the plaintiff and so by assent of the executor he have  it and he do not say army embassy prcedictce see bolls v Wasscham dyer second  because he show how the church be void by the deprivation of the incumbent and  he do not show for what cause for it may be for such a cause as the queen  shall have the presentation as if it be for simony by the statute of Elizabeth  c three because the value of the church be find to he per annum and the  judgement be queen recupere damnum videlicet medielatem speech valor dictce  church per half One striving quce see moisten ad which be not accord to the  precedent yet none of these error be allow but the court be fall the judgement  be then affirm
case the bishop OF Gloucester and SAVACRES case in quare hinder if judgement  he against the bishop and incumbent the bishop may join in a writ of error  though he claim but as ordinary Leon Mod cro James Mod Carth stra Mod Mod Mod  ld Ra error upon a judgement give against they in a quare hinder bring by the  queen in which the bishop plead that he claim nothing but as ordinary d The  question be if the writ lie in both their name or ought to be bring only in  the name of Savacre coke argue that the bishop ought not to join in the writ  for he have no loss and rely upon the case ass attaint and Edward pl Mallory  and winter contra for the bishop be party to the record and rely upon edward  and Edward and they say a writ of error in this cage be but as a commission to  examine error as Henry pl be and if more he name in a commission than need it  be not material croak Elizabeth afterward it be award that the writ be well  bring for Wray say the bishop have loss for by this judgement the writ shall  he to the archbishop for admission and institution and so he have loss and  therefore may join
case the bishop OF Hereford case a clerk refuse for insufficiency can be  afterward promote to the same live quare hinder the case be the patron present  I S to the bishop who give notice to the patron that the clerk be insufficient  and thereupon the patron present another clerk and the bishop admit the first  that be present by the patron and within the six month the court hold clear  that the bishop be a disturher for he have once refuse he for insufficiency  can afterward accept he
case the bishop OF norwich against pricket Scan mag lie for charge a bishop  with heterodoxy in religion post Leon Mod b Abr action de temptation to sin  great man be bring by the plaintiff for these false and scandalous word  videlicet you prcedictum bishop innuendo have writ a letter to I which I lave  to show which be against the word of God against the queen authority and to  the maintenance of superstition and that I will stand to prove against you  they be at issue and at the trial at nisi prius the defendant confess he speak  the word whereupon a writ be award to inquire of damage which be find to mark  at the day in bank the court be not advice to give judgement and the party be  adjourn afterward upon good deliheration it be award that the bishop shall  recover the mark and eight pound for cost croak Elizabeth afterward the bishop  release part of the cost notam this case be take out of the record which be  enter Hilary Elizabeth rot
case the case a indictment will lie for a conspiracy before acquittal but not  a action on the case till acquittal S c post S c salk S c holt S c ld ray S c  ld ray the defendant be indict for conspire to get money unjust c from one  Peter Pickering and to bring about that wicked purpose false to charge he with  be the father of a certain bastard child c and that in pursuance of such  conspiracy they do false charge and affirm he to be the father of it the  exception be take that it do not aver that he be not the father of it per  curian the get be the false conspire to charge false and it be say further  that they do false charge c and a indictment lie for the falsehood before the  party be acquit of it but a action on the case lie not modern until acquittal  and this be say to be too frequent a offence to be quash upon motion that they  will no more quash it than they will a indictment for barratry or keep a bawdy  house and it be deny to be quash
case the case OF adrian LAMPRIERE and other the king be entitle to a  certiorari as a matter of right but if the appeal be make by a subject it be  matter of discretion S C vent Mod Mod S ld ray ld ray burr burr Cowp hawk p c  dougl sergeant Newdigate move for a certiorari to remove a indictment hither  from Bedford against several Frenchman for robbery Kelvnge chief justice will  it remove the recognizance there to appear Twisden justice I never know such a  motion make by any but the king attorney or solicitor Rainsford justice there  be no indictment yet before a judge of assize Kelynge chief justice you may  have a certiorari but it must not be deliver till their dictment be find and  then the judge have the prosecutor there and may bind they over hither and so  the trial may be here
case the case OF bradshaw and other the assignee of a bankrupt may maintain a  action for a debt due to the bankrupt in his own name and the defendant may  wage his law jud res Lut Carth cro car Jones Mod strange Atkins Cowp term Rep  vezey Mod cook bankr law edit diverse debt be assign to the plaintiff be  creditor by the commissioner upon the statute of Elizabeth c of bankrupt and  they sue a action in their own name for those debt and it be rule that it well  lie for it be a debt transfer by parliament be upon a contract the defendant  gage his law and be admit thereto for although the parliament transfer the  debt yet it be not any debt of record but as he may have gage his law against  the bankrupt so he may against the plaintiff
case the case OF Courtney a attorney a writ of error pen may be plead to a  action of debt on the judgement debt be bring upon a judgement in the common  plea pen a Writ of error and that matter plead in abatement holt chief justice  it be hard that a writ of error shall supersede execution upon a judgmentSee  Jaques v Nixon term Rep and do v Bracebridge term Rep notorious facts see also  term Rep burr a and not supersede a action to be bring thereupon for if there  be a judgement against a testator who be also bind in a statute the executor  may bring a writ of error and pay the statute notwithstanding the judgement be  afterward affirm Bearblock v read cro Elizabeth SC Yelv SC Brownl SC Godolphin  SC   Ent b Powell justice it have be hold in the exchequerchamber not to be a  good plea because it be upon another original and a collateral matter but that  the court will show all manner of discountenance of it and therefore will not  hold the party to bail modern er p holt chief justice though it be a new  original yet it be no collateral matter but the judgement on which the writ of  error be bring be the get of the action and as to the case in the  exchequerchamber he say that he have speak to Treby chief justice about it and  that be bad inform he it have go off upon another matter videlicet that the  conclusion of the plea be ill for it be petit judgment si the party to answer  to withhold till judgement affirm and not pet jud de billa or shorten and the  case of king v TukeAnte c be remember where it have be hold a good plea in  abatement the court give no opinion see Syms v Tims show Rottenhoffer v  Lenthall show Deighton v Glanville Mod that a writ of error pen can be plead  in abatement of a action of debt on a judgement but the court under  circumstance stay the proceed in the action until the writ of error be  determine Tasswell v story burr Grebb v abbot Cowp Entwistle v shepherd term  Rep Christie v Richardson term Rep Kempland v Macauley term Rep d
case the case OF down and HATHWAIT vide ante page a bind shall not be avoid by  vicious write or incongruity ante S C Jones roll ab cro Elizabeth cro James  hob Com dig term Rep this case be move again roll for the defendant first  there be a variance betwixt the obligation and the declaration for the  declaration be that Johannes Hathwait to be oblige and the obligation be Joaem  without any dash or prick over it so it can be the same obligation whereof be  declare and the bind be void for the insensibility for Joaem be not any name  say non allocatur for it be the same word and shall be intend Johan abbreviate  and a obligation shall not be avoid by vicious write or incongruity second he  move that quinginta be not a word of any certainty and especial it can be take  for fifty for it want the syllable how and if it have any sense it be rather  to be take for five hundred than for fifty Sed non allocatur for it can be  take for five hundred because it be not genta which be take for a hundred and  it have sufficient intendment to be fifty by the condition to pay sixandtwenty  pound and a case be remember that a obligation seven hundred be take for  septuagint and not seven hundred nor void so here wherefore it be adjudge for  the plaintiff a make felony by Geo c b cro James croak car er p
case the case OF edward Peacham see foster crown law p and I hawk ch S Carth  Bl Com Edward Peacham be indict of treason for diverse treasonable passage in  a sermon which be never preach or intend to be preach but only set down in  write and find in his study he be try and find guilty but not executed Note  that many of the judge be of opinion that it be not treason
case the case OF Hastins a attorney a attorney swear and admit into any of the  superior court may practice in any inferior court unless such court by charter  or prescription be restrain to a certain dumber in exclusion of other post S C  keb S C side vent lev raym Mod salk Mod lev side h Bl Rep winnington complain  to the court on the say hastings behalf that be be a attorney of this court be  not suffer to appear for his client in the court at Stepney that court be say  be erect by letter patent within these two year and the atorneys of this court  be a ancient court ought not to be exclude on the other side it be urge that  they have a certain number of atorneys appoint by their charter as there be at  the marshal court Kelynge chief justice this be a new court and for my part I  think our atorneys can be exclude Hastings may bring his action if a patent  erect a new court may limit a certain number of atorneys who shall practice  there it may as well limit a certain number of counsel Coleman they have so in  the Marshalsea and in London KelyDge chief justice their court in London be  ancient and their custom confirm by act of parliament the now court of the  Marshalsea be indeed a newerected court for the old court of the verge be  another thing and as for their have a certain number of counsel or atorneys  the question be the same with this before we whether they can legal exclude  other I do not see how the king by a new patent can oust any man of his  privilege Twisden justice say it be a modern new point and that he have never  hear it stir before afterward be move again Kelynge chief justice say they  shall have their judgement quick if they stand upon it a the court direct  Hastings to bring a action on the case against the prothonotary of Stepney  court for refuse to record his appearance for his client S C side but the  question do not appear to have be determine S C keb a
case the case OF John rug Berkshire in the thirtyfirst year of Henry  indictment for deny the king supremacy John rug chivaler for these word the  king highness can be supreme bead of the church of England by God law Hugo  abbot of read superinde dixit what do you for save your conscience when you be  swear to take the king for supreme head et superinde prediction John rug dixit  I add this condition in my mind to take he for supreme head in temporal thing  but not in spiritual thing per not said mich Henry
case the case OF juliana quick Kane year fivepercent tax primo Henry Sextius  to accuse the king of have commit murder be former hightreason Inst Juliana  son William quick et some falsehood traitor unknown in secrecy a machine death  king c prediction Juliana ex assent William et another traitor ignotor eiden  lord king ut to be equita in way adhesi et dixit eiden lord king harry of  Windsor ride sober your horse may stumble and break your neck and when the  noble John Beauchamp then say to her to who speak thou she answer to that  proud boy in red ride on horseback point with her hand to the say king and  furtber call out to the say king say it become you better to ride to your  uncle than that your uncle shall ride to you thou will kill he as thou have  kill your mother send to your uncle wife who thou keep from he thou art a fool  a know fool throughout the whole kingdom of England she have pain fort et dure  because she will not plead a
case the case OF LANGFORTH bridge information for not repair a ancient bridge  the plea must direct answer or traverse that it be not a ancient bridge and  show who be bind to repair Edward Edward ass Henry Plowd   light donc Plac  salk Inst Mod Bl Rep burr ld raym hawk p c Cowp information against the  inhabitant of the county of Middlesex for not repair of Langforth bridge which  by the information be suppose to be a ancient bridge and time out of mind have  be use to be repair by the inhabitant of that county the defendant protestand  that it be not a ancient bridge for plea say that it late be erect by the king  for the benefit of his mill croak car Noy the king attorney hereupon demurrer  because be do not answer that it be a ancient bridge but by protestation which  be the substance of the information ought to be special answer or traverse  second that the county ought to maintain bridge a because they be for the ease  and benefit of the people unless it be show who ought to repair they and to  that purpose be cite Edward pl and a ancient record for bowbridge Edward in  this court that the jury find it be to be repair by the abbey of Dertfort and  Assis and a record in Henry in the exchequer all the court thereupon hold the  plea to be ill and rule be give that judgement shall be enter for the king  unless c
case the case OF lionel Haughton Leicester year the thirtieth tertio Henry  Octavi Lionellus Haughton recently de Ormeskirk in cognitat Lancastriae tailor  pro word videlicet be shoot at the butt say I will the king body have be there  as the arrow do light and by the mass I will it have be in his body  Per  indictament mich h croak car er p
case the case OF robert RUMWICK ken in the thirtyfirst year of Henry  indictment for say the king shall be hang robertus Rumwick to point out quod  cum separate to be to heal et compotant c Thomas brook to hold a certain bowl  kind of beer fill up c dixit God save the king here be good ale ad quod  prediction robertus dixit proditory c greatly desired or missed death king c  God save the cup of good ale for king Henry shall be hang when twenty other  shall be save who prediction Thomas dixit know thou what thou say prediction  robertus iterum dixit ut above God c
case the case OF the corporation OF Bewdley a witness can only be examine on  voir dire by the opposite side a witness may be examine to explain his answer  in chancery touch his interest in the cause those that produce a witness ought  to examine he in chief only but they against who he be bring may examine he  upon a voir dire if they please whether he be concern in interest the matter  in issue be which be the charter by which the corporation of the town of  Bewdley be to act whether by the ancient one or one of late date a witness be  produce to establish the ancient charter his evidence be except against as be  a mortgagee under the old corporation this be prove by a answer of his to a  bill in chancery but it be insist that this answer be so uncertain pen as that  it may be true and yet his mortgage of such a nature as not to prevent his  evidence and therefore that he may be call to explain the ambiguity of his  answer the court be of opinion that he may since his answer depend upon his  veracity as much as the evidence he can then give and if the one be to be  credit why not the other modern report but afterward his evidence be reject  upon another consideration videlicet that in his answer be lie the whole  stress of his defence upon the matter then in issue videlicet the subsist of  the present corporation
case the case OF the farmer OF hampstead water Qure in trespass with a  continuando whether on execute a writ of enquiry evidence may be give of  damage accrueing from the same cause after the time lie in the declaration  upon the execute a writ of enquiry of damage in trespass for dig a hole in the  plaintiff soil whereby his land be overflow continuandotransgressionem for  nine month and it be insist that they may give evidence of a consequential a  but it be now decide that master of grammarschools must be licence by the  ordinary who may examine the party apply for such licence as to his learning  morality and religion king v archbishop of York term Rep and on a reasonable  doubt may take time to inquire whether he be proper qualify in every respect  to be entrust with the education of youth king v bishop of Litchfield Mod S c  stram and as the teach at such a school without a licence be a temporal  offence the spiritual court have no jurisdiction Jones v gegg Mod modern  report er p damage after the nine month as well as in a nuisance which  continue for nine month and the cause be remove if the effect continue  afterward damage may be recover for it but holt chief justice say he be not  satisfy that the parity will hold for the get of the action in a nuisance be  the damage and therefore as long as there be damage there be ground for a  action but trespass be one entire act and the very tort be the get of the  action and therefore he say he doubt whether a action will lie for the  continuance of a trespass as for that of a nuisance note in writ of enquiry  the jury set their hand and seal to their verdict
case the case of the yorkbuilding company October a account with the king can  be in the exchequer only this court will not decree public company to make  call in favour of a particular creditor Lord chancellor say a account between  the king and a subject can be take in any case in this court but in the  exchequer only where the company be oblige to make call this court will not  decree they to make such a call upon a bill bring by a creditor for that  purpose in favour of that particular creditor unless under very extraordinary  circumstance
case the churchwarden OF Bishopsgate against alderman Beecher if a poor rate  for a year when it shall only have be for a quarter be inadvertent confirm the  court on a mandamus to the justice to grant a warrant to modern report er p  levy the same will order the distress to be make for only a quarter of the  whole rate the churchwarden of the parish of Bishopsgate make a tax for the  relief of their poor for a whole year which amount to six hundred pound and  upward when they shall have make only a quarterly rate and the same through  inadvertency be confirm by alderman Beecher who be the alderman of that ware  and afterward he fear that the churchwarden may collect the whole sum and make  some ill use of it refuse to grant a warrant to distrain for this tax the  churchwarden thereupon move the court of king bench for a mandamusThat a  mandamus lie in this case see king v Montague Sess case king v mayor of  Worcester b r h king v dean of Norwich Carth king v justice of Somerset stram  saint Luke v justice of Middlesex will a to compel he to grant his warrant and  obtain a rule of court for he to show cause why a mandamus shall not be grant  if the rate be illegal the justice may refuse to sign it and they may return  it for cause upon a mandamus direct to they to sign it but as to the sum or  party assess they have nothing to do with it the remedy be by appeal and  though the alderman of Dorchester refuse to sign a rate because of inequality  yet the court grant a mandamus and after a return a peremptory mandamus and  then a attachment in order that the party grieve may appeal cite by the court  in this case of Beechers vin Abr pl note to former edition a the alderman at  another day by his counsel show all the matter beforementioned for cause c and  a rule be make that he shall grant his warrant to distrain for the tax for one  quarter of a year and no more for he can not confirm this tax in part it must  be for the whole or for no part
case the city OF London against GREYME Trinity term James roll on a covenant  by a lessor to find man to work a mill if the lessee convert it into a  horsemill the covenant be discharge more roll ab   lev salk Com dig dougl the  case be the mayor and citizen of London covenant to find eight man to grind  every day in Bridewell mill which they let to the defendant and agree that if  they fail therein the defendant shall retain so much of the rend out of his  rend the defendant pull down the cornmill and make it a horsemill and will not  defalk so much out of his rend as he ought to be allow for the eight men But  all the court hold that by the alteration of that mill in this manner the  lessors croak throw be discharge of their covenant and that this conversion be  waste although it be for the lessors advantage and so it be to convert a corn  mill to a fullingmill a Elizabeth croak James er p
case the city OF London against Harwood the court of alderman in London may  fine and imprison a man for marry a city orphan without their consent S C jost  S C keb S C go S C lev S C Tremain lev Ch Rep Harwood be bring to the bar by  habeas corpus be commit by the court of alderman for marry a orphan without  their consent north solicitor due ral we conceive the return insufficient and  that it be a unreasonable custom to impose a penalty on a man for marry a city  orphan in any place of England now we marry her far from London and know not  that she be a orphan then they have put a fine of forty pound upon he whereas  there be no cause why he shall be deny marriage with her there be no  disparagement Twisden justice Mr Waller of Beaconsfield be imprison six month  for such a thing so the money be order to be bring into court
case the city OF London against the unfree merchant in a action by a  corporation to recover toll of good freeman may be witness for the defendant  SC vent SC lev trial at bar touch a custom or duty for good import which be  agree to be Payable for good bring from other port in England to London but  deny for good import from foreign part a question arise whether freeman  citizen may be witness and deny and a verdict for the defendant and a bill of  exception on the plaintiff side for that freeman be deny to be witness hold  they may be witness for the defendant because that be against themselves a  unfreemen that be not trader be allow likewise for the defendant b then the  question be whether the shower KB bill of exception may be determine before  judgement or whether on a writ of error c but leave that point the court give  judgement for the defendant accord to the verdict but agree that a bill of  exception lie on a trial in this court by the statute of Westminster the  second cap d
case the city OF york against town Indebitatus assumpsit will lie for a fine  for not hold the office of sheriff S c ld ray Indebitatus assumpsit for a fine  impose upon the defendant for not hold the office of sheriff in the city of  York sir b shower with submission a indebitatus assumpsit will not lie in this  case for how can there be any privity or assent imply when a fine be impose on  a man against his will nor be there any precedent consideration neither do  they show any right to this fine nor who impose it c holt chief justice we  will consider very well of this matter it be time to have these action redress  it be hard that custom bylaw right to impose fine charter and every thing  shall be leave to a jury Adjournatur holt chief justice be of opinion that a  indebitatus assumpsit will not lie in this case Rokeby justice seem to be of a  contrary opinion but it do not appear that any judgement be give S c ld ray it  have however be decide that assumpsit will lie for a penalty forfeit by the  bylaw of a company for not serve the office of steward in pursuance of such  bylaw barber v Pelson lev for savage due by the custom of London mayor of  London v sorry Carth for a fine due on admission to a copyhold estate  Shuttleworth v Garnet Carth Evelin v Chichester burr Whitfield v hunt dougl  notorious facts for money due f or petit custom mayor of Exeter v Trimlet will  and f or toll steward v baker term Rep see also bell v burrow bull n p  Sanderson v Bignal stram duppa v Gerrard salk and Bac Abr a modern er p
case the college OF physician against basset plead S c Mod in a action for  practice physic without licence the declaration lie it to be at Westminster in  come Mid but not that it be within seven mile of London and therefore have
case the college OF physician against dr west a graduate of one of the  university can practice physic in London without a licence from the college of  physician the question be whether a man who have take his degree of doctor of  physic in either of the university may not practice in London and within seven  mile of the same without a licence from the college of physician the court be  clear of opinion that a licence from the college be necessary and that by  reason of the charter of incorporation confirm by the statute Henry c pen in  very strong and negative word as to the testimonial grant by the university  upon a person take the doctor degree the court be of opinion that these  testimonial may have the nature of a recommendation they may give a man a fair  reputation but confer no right and consequent all those statute which have  confirm the privilege of the university can revive or confirm modern report  nothing but the reputation that this testimonial may give such graduate and  whereas it have be insist that by the last clause of this statute it be say  that none shall practice in the country without a licence from the precedent  and three elect unless he be a graduate of one of the university it be say all  the inference from that will be that possible two licence may be necessary  where a person be not a graduate in the case of dr levet a ld raym a Lord  chief justice holt do not think this a question worth be find special the  college of physician be without doubt more competent to judge of the  qualification of a physician than the university and there may be many good  reason for take a particular care of those who practice physic in London  Adjournatur b it be say by Lord Raymond to have be adjudge in this case that a  graduatedoctor of the university can practice physic within London or seven  mile round without licence from the college of physician ld ray b modern  report er p
case the constable OF HOMEBYS case the justice of the peace may elect  constable of particular parish although no constable have before be choose for  such parish provide there be no leet for such purpose S C keb S C Bac Abr post  salk Mod Mod sand show stram Mod Mod fitzg ld ray Cowp the servant of member  of parliament be exempt from be constable cro car keb lev post dougl and see  hawk p c to Com dig leet m thurland move to quash a order make by the justice  of the peace for one to serve as constable in Homeby Moreton justice if a leet  neglect to choose a constable the justice of peace upon complaint make to they  shall by the statute car c S appoint a constable Twisden justice in this case  there be affidavit that there never be any constable there and I can tell  whether or no the justice of peace can erect a constablewick where never any  be before if he will not be swear let they indict he for not execute the  office and let he traverse that there never be any such office there Kelynge  chief justice go and be swear or if the justice of the peace commit you bring  your action of false imprisonment Twisden justice there be a courtleet that  have the choice of a petty constable the justice of peace can choose there and  if it be in the hundred I doubt whether the justice of the peace can make more  constable than be before high constable be not ab origin but come in with  justice of the peace in the ten year of Henry Kelynge and Moreton contra  Moreton justice the book of a country in the exchequer set out all the will  and there can be a constablewick create at this day the court in this case  order he to be swear thurland if they choose a Parliamentmans servant  constable they can swear he Twisden justice I do not think the privilege  extend to the tenant of a parliamentman but to his servant
case the count OF arran against crisp covenant to pay tax general include  parliamentary tax S c salk S c holt the plaintiff make a lease to the  defendant in reserve such a rend and the defendant covenant to pay the say  rend clear of all tax and assessment whatsoever impose or to be impose and  give bind for performance of covenant and in debt on this bind after modern  report oyer the defendant plead condition perform the plaintiff reply the  lease and covenant and assign for breach the defendant not pay two year rend  at ladyday last the defendant rejoin and say be pay so much in money and so  much in tax Payable by the Act of four shilling pay per pound amount in all to  the rend due the plaintiff demurrer the question be whether this covenant  extend to charge the defendant with parliamentary tax because the word  parliament be not express in the covenant and the whole court except holt  chief justice be clear of opinion it do but per holt chief justice judgement  ought to be for the plaintiff for a fault in plead though the law as to the  matter be for the defendant for the matter of this rejoinder be by way of  excuse ought to be set forth in the bar and as it be here set forth in the  rejoinder it be a departure for where before he say he perform the condition  now he say he be not oblige to it judgement for the plaintiff modern report er  p
case the countess OF Northumberland case in what case a sergeant at law may be  return as a juror S c Mod     light stram it be say by the justice in this  case that if a knight be but return on a jury when a nobleman be concern it be  not material whether he appear and give his verdict or no also that if there  be no other knight in the county a sergeant at law that be a knight may be  return and his privilege shall not excuse he a but now by Geo c S on account  of the great delay which frequent happen in trial where a Peer or Lord of  parliament be party by reason of challenge to the array of juror for want of a  knight be return on such panel it be enact that no challenge shall be take to  any panel of juror for want of a knight be return in such panel nor any array  quash by reason of any such challenge a
case the countess OF Northumberland case knight must be of the jury where a  peer be concern S C Mod adjudge that where a peer be party either plaintiff or  defendant two or more knight must be return of the jury a but now by the Geo c  challenge to the panel for want of a knight where a peer be party be take away  a it be say that in Cumberland there be but one freeholder who be a knight  beside sir Richard stote a sergeant at law and the court be of opinion that  rather than there shall be a failure of justice a sergeant of law ought to be  return a juryman for his privilege will not extend to a case of necessity  modern er p hilary term the TwentyEiglith and twentyninth of Charles the  second in the king bench sir Richard Rainsford Knt chief justice sir Thomas  Twisden Knt sir William wile Knt sir Thomas Jones Knt justice sir William  Jones Knt attorneygeneral sir Francis winnington Knt solicitor general
case the countess OF rutland against the earl OF rutland a deed to lead the  use of a fine can be control except by matter in write but if the fine vary  from the deed parole evidence may be give that it be intend to be to other use          Clayt Carth Bulst ander more salk ld ray Gilbert on use peer wms Com  dig will Doug upon evidence to a jury it be hold by all the court and so  deliver for law to the jury that if there be a indenture for the levy a fine  to such person before such a time to such use and the fine be levy to the same  person within the same time it shall be to the same use and no averment can be  to the contrary unless it be by other matter in write but if a fine be levy to  other person or at another time after it may well be aver by parole to be to  other use a for in the first case the indenture be directory to the fine and  in the other case it be but evidence
case the countess OF sussex against wrath construction of power palm     Leon  Leon Leon Poph Yelv cro James Bac ab ld ray p on p Cowp f dougl t Rep t Rep  the case be land be assure by the earl ofSussex by Act of parliament to his  wife for her jointure the reversion in fee to the earl of the manor of Burnham  with a proviso for the earl to make lease for one and twenty year render the  ancient rend the earl make a lease for one and twenty year render c and before  the end of it make another lease by indenture to the lessee for one and twenty  year hear date that march to commence at Michaelmas follow it be adjudge a  void lease because for the time it be a lease in reversion and if he may make  a lease to commence at the Michaelmas follow he may make it to commence twenty  year after the statute intend not to give he that liberty and it be a liherty  and power it must he strict pursue the land be assure to the countess for her  jointure which be favour in law and if the earl may make lease one after the  other she shall never have benefit of her jointure which the statute do not  intend croak Elizabeth trinity term Elizabeth in the queen bench sir  Christopher Wray Knt chief justice sir Thomas gawdy Knt John Jeoffries Esq  John clinch Esq justice sir John Popham Knt attorneygeneral sir Thomas Egerton  Knt solicitor general
case the countess OF Warwick against the bishop OF Coventry in what case on a  bind to pay a conditional annuity the first payment shall he absolute debt  upon a obligation condition that if he pay at the Feast of saint Michael next  follow and annual at the Feast of saint Michael until Hockinball the plaintiff  chaplain be advance to a henefice that then c he plead that he be present to a  henefice before the first Feast of saint Michael and adjudge to he no plea for  the first be to he pay notwithstanding he be advance for the limitation ill  until he he advance c go only to the other subsequent payment wherefore it be  adjudge for the plaintiff
case the dean and chapter OF hereford against the bishop OF hereford and  ballard a grant by a dean and chapter of the next avoidance will not bind  their successor ante   cro car   a I and Mod Mod Bac Abr quare he foot soldier  the case be that the dean and chapter of Hereford grant the next avoidance of  a church to croak Elizabeth Ballard whether that be a good grant to bind the  successor by the Elizabeth c a be the question Walmsley and Owen hold that it  be not for although it be not a thing whereof any profit can he make nor any  rend reserve yet it be a hereditament whereof the statute intend that no grant  shall he make and so it have be adjudge in the case of the bishop of  Litchfidld but Anderson contra for the statute do not intend to restrain they  but for such thing which be for profit and by reason whereof prejudice may  accrue to the successor which can be in this case wherefore c Heaumond be  absent et adjournatur
case the duke OF Buckingham against HATHERINGTON the court will not change the  venue in scan mag upon the usual affidavit temptation to sin great man the  defendant move to change the venue from London to Yorkshire upon the common  affidavit that the word be speak in Yorkshire if any such and it be deny  unless the plaintiff will consent a see the statute car c James c Geo c Geo c  and Geo c for the prevent of mischief by keep too large quantity of gunpowder  in or near the metropolis b the court say that the bylaw in this case be  beneficial to the public and the penalty which be the forfeiture of twenty  noble not too great but upon the reason give by sander the judge take time to  advice SC Jones a see style cro Elizabeth cro James strange Lord raym accord  but now the practice be for the sheriff to deliver possession accord to the  direction of the plaintiff who therein act at his peril burr burr burr eject  and therefore a less certain description be now sufficient than what be former  require see show Mod stram Cowp term Rep Mod vo edit notorious facts shower KB  er p
case the duke OF Buckingham against outlaw the court will not change the venue  in scan mag on the common affidavit scandal great man motion to change the  venue upon the common affidavit doubt per curian it have be do on account of  interest and unindifferency in a county but not on the common affidavit  Adjournatur
case the duke OF norfolk against alderton the court will not change the venue  in Scan mag S c salk S c Carth S c lev temptation to sin great man lie in  Middlesex and motion make for change the venue on a common affidavit but the  court refuse it and say they will not unless upon special reason a b Michael v  Harris post S c salk S c ld ray but see chase v dare t Jones Cowell v Waller  bar king b Bardel v Harris Freem Adam case Mod trippet v Eyre lev and Mr kyds  treatise on the law of award a see steer v Shalcroft holt post Lord griffin v  Buckley barn lady Falconbridge v forest stram and Tidds practice modern report  er p
case the duke OF ormond against Ireland bind to follow the suit with effect be  not forfeit by sue a injunction S c post S c Carth S c holt a bind be give to  a officer condition that the plaintiff in replevin will follow the suit with  effect afterward he sue a injunction in the exchequer whereby the proceed be  delay but per curian that be no forfeiture of his bind nor nothing else be but  a absolute determination of suit as nonsuit non pro c
case the duke OF RICHMOND against COSTELOW the venue can be change in  temptation to sin great man but upon special cause sir Peter king move to  change a venue in a action of temptation to sin great man and cite Lord  shaftsbury case a Shaftsbury v Craddock Jones vent skin show a holt chief  justice say the reason in Lord shaftsbury case be because he have a interest  in the city and therefore he can not have a impartial jury there and where  there be a special cause it be in the discretion of the court whether they  will do it or not but it be not usual to grant it upon the common affidavit  modern report sir Peter king say that this action be give by the statute of  Richard the second b Richard c b and that impose a fine for the contempt to  the crown and the late Act of pardon dispense with that to which holt chief  justice answer that it do not pardon the private offence and the court refuse  to change the venue c that the court will not change the venue in a action for  temptation to sin great man see lev salk Carth stram pale yellow c b Tidds  practice except in case of necessity loft Bl Com or where local prejudice or  interest may defeat the end of justice stram burr Cowp will ld ray Sellons  practice c modern report er p
case the duke OF Schomberg against murrey temptation to sin great man S c holt  it be move to have leave to charge murrey be a prisoner in Newgate with a  temptation to sin great man and ac etian bill of one hundred pound in order to  hold he to special bail for say the duke of Schomberg be a cheat and have  cheat the king and the army holt chief justice this be a poor man to charge he  thus will be a perpetual imprisonment to he and special bail have be often  demand in these action yet it have be frequent deny but he be order to find  two that will swear themselves worth twentyfive pound each and himself be bind  in one hundred pound
case the duke OF york against Pilkington to accuse a peer of disaffection to  the government be actionable scandal great man for that there be a discourse  concern the plaintiff the king only brother and heir and one of the chief peer  of the realm the defendant say of he he have burn the city and be now come to  cut our throat upon a direct and full proof by sir William Hooker and sir  Henry Tulse alderman of London he be find by a jury of Hertfordshire gentleman  to be guilty and damage and the last day of term he render himself in  discharge of his bail
case the earl OF bath against BATHERSEA disapprove do d foster v earl of Derby  ad e deposition in one cause where they be evidence in another or not salk  salk post Chan case Chan case Mod vern vern Cowp the party against who a  answer in chancery be produce in evidence may have the whole of it read Chan  Cas Cowp Com dig evidence c bull n p Epinasse digest pale yellow l e Trevor  solicitor general the deposition which be read against my Lord bath in the  other cause be no evidence in this because that trial be not between the same  party and deposition be never evidence but where they be mutual and this  defendant do not claim under any one that be party to the former suit curian  they may be read because the defendant shelter himself under the other title  and the title of the land be not in question but the question be to who the  rend shall be pay if the modern defendant give the plaintiff answer in  chancery in evidence he may insist only to read such part as he will for it be  like examination of witness but then the other side may insist to have the  whole read after notam there be a verdict for the plaintiff in this cause  after a trial from nine oh clock in the morning till nine the next day and the  judge sit up all night long
case the earl OF Bedford case where the issue be on the general custom of the  manor the venue shall be from the whole manor but when it be whether certain  copyholder be within the custom it shall be from the particular will ante post  trespass for enter into land in Lanygame the defendant plead that the place  where be three acre parcel of a great waste call hope in Lanygame parcel of  the manor of BishopsTaunton and that the earl of Bedford be seize in fee of  the manor of BishopsTaunton whereof one house and twenty acre of land in  Lanygame be customary and copyhold land demisable c in fee and that the earl  of Bedford grant to he the say message and land by copy c in fee and that  croak James er p within the manor be a custom that every copyholder of the say  manor shall have croak throw common of estovers in the say waste call hope c  and so justify the issue be upon this custom and find for the plaintiff that  there be no such custom it be move in arrest of judgement that the venire  facias be award only of Lanygame and not of the manor as it ought to have be  Doderidge hold that the trial be good enough for the copyhold be in Lanygame  and the place where be in Lanygame they of Lanygame may well try that custom  for the one part of the manor may well know the custom of the other part but  it be afterward move again coke chief justice and all the justice agree that  it be a mistrial for the venue ought always to be of the place as large as the  extent of the issue and the issue be whether there be such a custom within the  manor c the manor may extend into diverse will therefore the venire facias  ought to be of the manor and not of the particular will within the manor but  if the issue have be whether the custom be for such copyholder within the will  there it ought to have be otherwise wherefore it be order that a venire facias  de to make new shall be award
case the earl OF HEDFORDS case if a defendant justify as bailiff to another  when he be not so the plaintiff may reply de son tort demesne and so punish he  post   a I vent lev lev salk replevin the defendant make cognizance as bailiff  to the earl of Hedford whereas in truth he be not his bailiff ut take the  distress against his will it be hold that the plaintiff can traverse that he  be not his bailiff for it be not issuable nor can the earl disavow it for he  be not party nor can the earl have a action on the case because he be not  damnified but the party who cattle be take may bring a action of trespass for  take his cattle and if the defendant justify as bailiff he may say de son tort  demesne et sans tiel cause and so punish he a by car c where cattle be  distrain and there be not sufficient to satisfy the arrear the party c may  distrain from time to time see also I and Phil and mary c and will and mary  sess c and onslow n p croak Elizabeth er p
case the earl OF huntington against hall to debt on bind Payable within six  month if payment he plead it must he within the time post yely salk Mod b r h  Com dig error of a judgement in the common plea in debt upon a obligation  condition for the payment of within six month after the death of the earl of  Huntington the defendant plead that may Elizabeth the earl of Huntington die  and that within six month after videlicet Decemher Elizabeth he pay that sum c  the issue be that he do no pay it modus etfor vd the jury find for the  plaintiff and judgement be give accord eirbr be assign because the jury find  that he do not pay it December Elizabeth which be void for it ought to have be  inquire whether he have pay it within the six month and the payment allege the  I Decemher Elizabeth which be a year and a quarter after be void and to no  purpose gawdy hold that the judgement shall he give upon his confession that  it be not pay within the six month for by his own show it be pay long after  but upon motion another day all the court agree that this confession of  nonpayment within the six month be no express but a implicit confession  whereupon no judgement can he obtain and the judgement here be give upon the  verdict which be void wherefore the judgement by the defendant own desire in  the writ of error be reverse vide Ann c
case the earl OF lincoln against fisher Hilary term Elizabeth roll debt lie  for a fine by the steward of a leet for a contempt to he by give he the lie  while in the duty of his office ante Owen more   b Ra Leon salk hawk you Com  dig hawk Com dig Bac Abr debt for a amercement in a leet and count that he  have a leet within his manor of Fokingham of all resiants within the manor and  that at such a court hold there before one I gustard his steward there the say  steward speak to the defendant that he wasa suitor there and tell he that he  ought to be swear to inquire c the defendant contemptuous answer he in say so  thou Iyest and for this contempt the steward imp send a fine of S upoiihim for  which this action be bring the defendant plead nothing dehet and find against  he and after verdict it be move by Yelverton sergeant that this be not any  such contempt for which there ought to be any fine impose for it be lno more  in effect than thou speak true which one may say to a steward without offence  the court hold it to he a apparent contempt and abuse unto he be a judge and  in his authority and that he himself may assess allnelor such contempt and  that for such fine assess by a steward debt lie without any prescription  allege to assess such fine or to have such a action wherefore it be adjudge  for the plaintiff
case the earl OF lincoln against TOPCLIFF debt or account will lie on a bind  for money pay to he expend to the plaintiff use dyer b Leon cro car roll ab ld  ray salk Mod Com dig salk Cowp debt upon a bill ensealed whereby the defendant  acknowledge that he have receive of the plaintiff ad correct a pair of hellows  and other thing to the use of the earl and aver that he have not buy the thing  nor pay the n oney and thereupon the defendant demurrer for he object that the  plaintiff in this case ought to have have account and not debt but all the  justice hold that he may have either the one or the other at his election  wherefore without argument it be adjudge for the plaintiff
case the earl OF lincoln versus flower easter term Elizabeth roll a capias lie  against a peer where a fine be due to the crown ante roll Abr comb salk hale  error of a judgement in debt upon a obligation in the court of common plea  where the earl plead non be factum and find against he and judgement give  therefore to take in hand and thereupon error assign because he be a peer of  the realm and a capias a lie not against he say non allocatur for by this plea  find against he a fine be due to the queen and none shall have any privilege  against the queen therefore to take in hand pro fine well lie and the  judgement be affirm Henry pl Henry pl a see Henry c Phil mary c Elizabeth c  Elizabeth c will c a by will c the capias profine be take away see Bac Abr  croak Elizabeth er p
case the earl OF MACKLEFIELDS case special bail deny in a temptation to sin  great man Mod Mod Mod comens stram stram Tidds pract the plaintiff bring a  action upon the statute de temptation to sin great man against sir Thomas  Grosvenor for that he be foreman of the grand jury in Cheshire speak these  word of the plaintiff he be a tedious man and a promoter of sedition and  tedious address the plaintiff desire that the defendant may put in special  bail modern er p but the court will not grant it and say it be a discretionary  thing and not to be demand of right it be deny to the duke of Norfolk unless  oath make of the word speak the court therefore order common bail to be file
case the earl OF Newport against sir henry Mildmay Michaelmas term car roll if  a infant suffer a recovery and come in as vouchee by himself by attorney or by  guardian and vouch the common vouchee and he make default he shall be bind by  it roll ab roll ab Leon Jones Hobart side cro James cro Elizabeth dyer lev  Inst godb vern lie salk strange Pigot on recoy p ld ray Com dig Bac Abr Bac  Abr cruise on recoy   light b note term Rep error to reverse a judgement in a  writ of entry for the manor of wanstead against the earl of Newport where be  appear by his guardian the earl of Southampton and other wherein they vouch  the common voucbee and judgement be give upon his default after appearance the  error assign be because judgement be give by default he be a infant it be  argue at the bar by sir John bank and other for the plaintiff in the writ of  error and by Noy the king attorney and other for the defendant the court  resolve that it be not error for the judgement be not give upon default of the  infant but upon departure of the vouchee in despite of the court and the court  be trust that they will not admit a guardian but such as shall answer to the  infant for his loss if he have any and it be intend to be for his advantage  and common recovery be common assurance of the realm and ought not to be shake  nor be there any pretence for a infant who appear by his guardian more than  for any other person at full age and it appear by Edward pl and by many  precedent show in the time of Henry Henry Edward queen mary queen Elizabeth  and king James and in the time of this king that such recovery have be suffer  from time to time and every precedent be a judgement not sub silence but in  the conusance of the court and it will be inconvenient to avoid so many  recovery and it stand with law that such recovery may be wherefore without any  open argument the judgement be affirm notwithstanding the opinion of   a mary  Portingtons case to the contrary
case the earl OF shrewsbury against sir walter lewson on a to know facias as  administrator the letter need not he plead with a proferl ante Doug n see Bac  Abr and the case there cite to know facias in chancery as administrator to  George earl of Shrewsbury upon a reconusance of four thousand pound condition  for the performance of covenant the party be at issue it be send hither to he  try and it be find for the plaintiff and now move in arrest of judgement  because it be not mention in the writ qubdprofert litter administration c a  but because it be in a writ find upon the record and the course be not to  mention it in writ and so he all the precedent in the chancery it be therefore  rule to he well enough vide Henry
case the earl OF worcester against PADDON a v venire facias make returnable  after the term be no aid shower cro James Com dig b r h trespass after verdict  it be move in arrest of judgement that the v venire facias be make returnable  three day after the term and after a distringa be award and the jury take  thereupon which be ill because the first venire facias be ill gawdy if there  be no venire facias it be help by the statute of Jeofails but a case in crown  law b   light side ass sum S p c hawk croak Elizabeth er p a ill v venire  facias upon the record be not help Popham the like case be of late in this  court and rule to he ill wherefore for this cause the judgement be arrest vide  Elizabeth dyer
case the eastindia company against else Writ of inquiry execute before the  chief justice after a judgement by default for the plaintiff and a writ of  inquiry bring it be move that it may be execute before the chief justice at  the sit at guildhall in London the action be bring for twenty thousand pound  and a rule be make accord
case the farmer OF newgate market against the dean and chapter OF saint Paul  in what case one man may have a easement on another premise at nisi prius  before holt chief justice the question upon evidence be whether every house in  the market round have not so many foot of ground towards the market belong to  it holt chief justice if the Act for building of London order a man to build  his house contiguous to his neighbour soil it of necessary consequence give  you all easement over your neighbour soil as light passage c without which you  can use your house but thereby give no interest in the soil and in this case a  housekeeper who pretend the like interest before his door though he derive his  title under another person be deny to be a witness
case the governor and company OF the bank OF England against newma if a person  give cash for a note or bill Payable to bearer without its be endorse it be a  purchase of such note or bill and he must sustain the loss if not pay S c comy  S c ld ray Bellamy give a bill of exchange Payable to Newman or bearer Newman  go and negotiate it with the bank at the usual rate of interest after this the  bank receive one thousand pound of Bellamy and after that demand the money due  on the bill of a servant of Bellamy who do not pay it afterward Bellamy fail  and the bank bring a assumpsit against Newman for the money and on general  issue a verdict for the plaintiff and a new trial be grant the verdict be  against law for whatsoever may modern report er p be the practice among the  banker the law be that if a bill or a note be Payable to one or bearer and he  negotiate the bill and deliver it for ready money pay to he without any  endorsement on the bill this be a plain buy of the bill as of tally bankbill c  but if it be endorse there be a remedy against the endorsor but holt chief  justice lie the rule thus if a man give such a bill for money not due before  without endorsement it be a sale of the bill and he hold that a demand of a  servant of the drawer who use to pay money for he be a good demand a
case the governor OF the bank OF England vers newma bill of exchange where the  receipt of it shall be tantamount for the receipt of the money ld raym SC Mod  SC bull Ni Pri edit p assumpsit for money lend and upon motion for a new trial  the case appear to be this one Bellamy give his bill of exchange to Newman  Payable to he or bearer on the saint of April ensue before the saint day of  April Newman discount the bill with the governor of the bank who send the bill  after the day to Bellamy and he acknowledge it but it be not pay on the that  of June ensue before payment of the bill Bellamy become insolvent for which  reason the bank come upon Newman and bring this action and a verdict be find  at guildhall for the plaintiff but the court grant a new trial for two reason  first for that the bank have discount the bill with allowance it be a purchase  in they of the bill Mod ld raym salk Str a second the bill be not receive at  the day when the bill be good and Bellamy solvent which delay be laches in the  bank the jury find for the plaintiff upon the new trial ld raym S c it be lie  down by Lord holt in this case as report by Lord Raymond that if a man have a  bill Payable to he or bearer and he deliver it over for money receive without  endorsement of it this be a plain sale of the bill and he who sell it do not  become a new security but if he have endorse it he have become a new security  and then he have be liable upon the endorsement the same rule be lie down in  the case of hill v Lewis skin holt comens de term sanct trin will III in b r
case the inhabitant OF CHITTINGTON against the inhabitant OF Penshurst a order  of removal need not allege that the party come to settle in a tenement under  ten pound a year S c Foley a order be make by two justice of peace to remove a  poor man from the parish of Chittington to the parish of Penshurst which order  be confirm upon a appeal modern and now a motion be make to quash the first  order because it do not show that the man settle in a tenement under the  yearly value of ten pound the court disallow this exception which be the same  former overrule in the case of the inhabitant of Marlborough v Wootton river  and for this reason it be quash Weston river v saint Peter Marlborough holt  salk Carth salk Mod and see king v Wootton river ante a r second it be object  that the statute and car c enable two justice of peace to remove the party one  of who be to be of the quorum which word be omit in that order and the order  be quash for this exception the court be of opinion that two justice can  remove a poor man out of session unless one of they be of the quorum because  they have a special jurisdiction give by the Act which must be follow but now  by Geo c no order or other instrument by two or more justice which do not  express that one be of the quorum shall be impeach set aside or vacate for  that defect only and by Geo c all order and other instrument by two justice of  any corporation as have only one justice of the quorum shall be valid as if  one of the say justice have be of the quorum see Bl Com b
case the inhabitant OF kingslangley against the inhabitant OF saint Peter in  saint Alban session may adjourn matter for further debate S c salk S c Sett  Rem S c fort S c ld ray exception be take to a order make at the  quartersession because the appeal be lodge at the next quartersession and it  appear on the face of the order that it be not then determine but be adjourn  over for further consideration and it be hold by the court that one must  appeal to the next quartersession yet it may be adjourn over on debate for  further consideration and it be confirm modern report er p
case the inhabitant OF the parish OF Westbury in wilts against the inhabitant  OF COSTHAM if a woman with child be fraudulent remove from a to b and be  deliver at b and the order be afterward quash the child be not settle at b SC  salk SC salk SC Sett Rem SC holt a poor woman with child be remove by order of  two justice from Westbury to Costham and before the session broughttobed there  and then the order be quash upon appeal modern er p per curian the child be  legal settle in the parish of Westbury from whence the mother be illegal  remove for they shall not take advantage of their own wrong and so it will  have be if they have not know of the woman be with child at the time of the  wrongful removal if a woman with child be travel without fraud of the parish  in which she be settle and in such travel be deliver of her bastard it shall  in that case be settle where it be bear by if there be fraud and accord to  this be quote the case of the parish of Bowham in Essex some year ago note  also it appear upon the order of removal that the woman have a husband who  have leave her seven year before but it be not say that he be dead so that it  can not be a bastard clearlySee king v Albert Alverstone Carth SC ld ray SC  Mod king v Murray salk king v saint bride be stram king v read case t h king v  Bedall stram king v rook will and Mr Consts edit bott p l vol I page to but  see the case of king v the inhabitant of Lubbenham term king and Goodright v  Saul term Rep a so per curian both point be clear against the parish of  Westbury trinity term the three year of queen whether at sit before sir John  holt Knt chief justice of the court of queen bench
case the king against Abraham and other the attorneygeneral may file a  information ex duty for a riot SC post SC holt SC comb information in the  attorney general be name against the defendant for a riot demurrer because the  information be not good and there ought to be indictment or presentment  winnington on the clamour of some of the house of Commons at information c  sign the demurrer and argue thus No man be bind to answer any criminal charge  unless upon presentment or indictment he cite Glanville cap Fleta fib cap fol  great Charta no man to be take but per of judgment Parium of oneself Inst  Edw3 c Edward c Edward c c and a great deal more which he particularize and  answer in my argument in the case for the king vide infra page a see Geo c S b  the statute may be give in evidence on the general issue post shower KB er p
case the king against ackworth and other on a motion for a attachment if the  defendant positive deny by his affidavit the fact contain in the affidavit of  the prosecutor the rule shall be discharge post upon a motion for a attachment  against the defendant upon a affidavit of their withdraw a witness from give  evidence at the assize in a trial have there upon a information against  certain smuggler it be show for cause why a attachment shall not go that the  defendant have affidavit to disprove the charge make against they by the  affidavit of the plaintiff thereupon those affidavit be now read in court and  it be affirm to be the constant practice that though the affidavit produce by  the plaintiff be very full as to the charge yet if the person deny such charge  by as plain and positive affidavit in such case he shall be discharge and a  attachment shall not go and that if such affidavit be not true then the  plaintiff have a proper remedy which be by indict they for perjury and because  a man shall not be keep in custody and deprive of his liberty by a attachment  therefore this be the only case where a negative oath shall be prefer to a  affirmative all which be agree by the court but that the present case differ  for the defendant do not by his affidavit plain deny the fact with which he be  charge modern report michaelmas term the nine of George the first in the king  bench on a trial at bar before sir John Pratt Knt chief justice sir Littleton  powys Knt sir Robert Eyre Knt sir John fortescue aland Knt justice sir Robert  Raymond Knt attorneygeneral sir Philip York Knt solicitor general
case the king against allen in usury the corrupt agreement make the contract  void and the take illegal interest incur the penalty S C vent S C ray S C keb  c side sand Mod comens ld ray Cas tem Talb stram Mod Mod Mod barn Twisden  justice there be two clause in the statute of Henry c of usury if there be a  corrupt agreement at the time of the lend of the money then the bind and all  the assurance be void but if the agreement be good and afterward be receive  more than he ought then be forfeit the Triple value a see atk hawk p c and the  case of Floyer vedwards Cowp where the law of this case be confirm by Lord  Mansfield see also black Rep Cowp and the case of Lord Irnham v child brown  Rep Chan and h Bl Rep Morse v Wilson term Rep and the statute of the Ann c a  modern er p
case the king against ashly and his wife and other service of notice for  attachment for not perform a award motion for a attachment for not perform a  award the affidavit of service be that he show he the award and rule and  before they can give he a copy ashly leave his house and he leave a copy  thereof at the door he refuse to take the same the court doubt if the  affidavit be sufficient service and make a rule for the defendant to show  cause they afterward move for time to next term to serve the rule which be  grant
case the king against Atkinson melius to seek after can be where the  inquisition be army duty ante fill the inquisition stay till indictment try  per curium there can be a melius to seek after where the inquisition be army  duty a indictment be against the coroner for practice to find a felon de see  non compos and issue join upon the fact and the inquisition be bring hither  the court stay the fill thereof till the issue upon the indictment be try and  per curian it be a crime in one to take upon himself a office he do not  understand a see S c post contra and Nosworthy v Wyldeman Mod a but see now  respect private lottery will c Ann c Ann c Geo c Geo c Geo c Geo c e Geo c Geo  c Geo c Geo c and the decision thereon collect hawk p c that edit ch page to  modern report er p
case the king against Ayliffe and freke a executor may bring a writ of error  to reverse the attainder of his testator for treason as well as for felony SC  comb SC holt SC salk Ayliffe be attaint and execute for treason freke as his  executor bring a writ of error holt chief justice at first doubt if executor  can bring it but agree that they as well as the heir may bring it in case of  felony accord to marsh case a and at last of all the court hold that there be  no difference between treason and felony as to this point and that the  executor be injure by a erroneous attainder may bring the writ of error though  by some it be necessary to aver a personal estate for otherwise he be no way  damnified whereas a heir be though there be nothing descend to he because of  the corruption of blood a see and car c bott poor law edit page b the report  of SC Carth agree with this that the assess pain to the parish rate and  receive the money assess be sufficient evidence that they know he be a  inhabitant there but by the SC Mod the court be say to have think notice in  write necessary to satisfy the statute James c S the statute of William and  mary c however seem to have remove all doubt upon the subject of this case for  after declare that the forty day residence in order to gain a settlement shall  be account from the publication of the notice in write in the parish church it  express provide that any person who shall be charge with and pay his share  towards the public tax shall gain a settlement though no such notice in write  be deliver and publish see king v Talbury Foley Carth salk king v Chertsey Mod  king v abbot Langley Foley stram bar king b the vol of Mr Consts edition of  bott poor law to and to and Com digest justice peace b a the court hold the  avowry good for that they all make but one bailiff and appear in autre law see  SC post and the case there cite a   will a cro Elizabeth Owen Leon shower KB  er p
case the king against AYLOFF and other if a person outlaw for high treason do  not surrender himself within a year pursuant to Edward c he shall be execute  without other judgement or trial SC Trem ante Mod stram they be outlaw for  high treason and on Tuesday the that day of October they be bring to the bar  and a rule of court be make for their execution on Friday follow the chief  justice say that there be no hardship in this proceed to a sentence upon a  outlawry because those malefactor who wilful fly from justice add a new crime  to their former offence and therefore ought to have no benefit of the law for  though a man be guilty yet if he put himself upon his trial he may by his  submissive behaviour and show of repentance incline the king to mercy in  felony which be of a low nature than the crime for which these person be  attaint flight even for a hour be a forfeiture of the good of the criminal so  likewise a challenge to three jury be a defiance to justice and if that be so  then certain fly from it be both despise the mercy of the king and contemning  the justice of the nation they be both execute on Friday the that of October  follow modern er p
case the king against bagshaw vide ante page a citizen of London can exercise  a trade of a different species to that in which he be apprentice post m r roll  ab Com dig Com dig the issue be join whether there be such a custom as be  plead Littleton the recorder of London certify over as far as that there be  not any such custom general for he say that the custom be not that one bring  up as a apprentice in the trade of a goldsmith cutler c be a freeman of London  by colour thereof may use any other manual trade but one of a trade who use  buy and sell may exercise another trade of buy and sell but this he do not  mention in his certificate but general over as far as certify that there be no  such custom as be plead
case the king against BALLATT commissioner of bankrupt can reexamine except  upon a new commission the defendant be commit by commissioner of bankrupt be  bring hither by habeas corpus it be agree upon debate about the return that  commissioner have once examine a man can examine he again unless it be upon a  new commission a but quaere if their examination be lose by fire c whether  there ought in such case to be a new commission memorandum sergeant call in  chancery this term on the twelve day of may appear sir George Jeffreys sir  John Kelynge Hamson west Walcott Boynton bigland Richardson Bugby wright and  Manley each with the writ in his hand which be to appear in cancellar ad  proficiend ad position et step servient ad law sub pna mille librar then they  pray their writ may be read and their appearance record which be do then they  take the oath of supremacy and allegiance all together then they several take  the sergeant oath you shall swear that well and true you shall serve the king  people as one of the sergeant at law and you shall true counsel they that you  shall be retain with after your cunning and you shall not defer tract or delay  their cause shower KB Willing for love of money or covetous of any thing that  may turn to your profit and you shall give attendance accord as God you help  by the content of this book
case the king against BASPOOLE a copy of deposition return into chancery take  under a commission to examine witness be not admissible evidence on a  indictment for perjury against the deponent although swear to be a true copy  unless it be first prove that the deponent be swear and that he make the  original deposition SC comb information for perjury the perjury be assign in  certain deposition take in chancery in a suit there depend by commission to  examine witness at Norwich upon a trial here at the bar the prosecutor produce  a copy of the deposition examine in chancery and swear to be a true copy I be  of counsel with the defendant thereupon urge that they ought to prove he swear  and that he swear such thing for this be but a copy of what be return into  chancery by commissioner that be neither officer nor upon oath this I urge the  rather because Herbert chief justice have rule it necessary in case of a  affidavit and will not allow of a copy of a affidavit file to be evidence in  case of perjury and Herbert chief justice now take the objection it be long  debate and a difference allege between a answer swear before a master in  chancery who be a swear officer the court shower KB be divide Herbert chief  justice and Holloway justice be with the objection and Wythens and wright  justice on the other side so the court be divide the copy be not admit as  evidence the commissioner who take the deposition be all live and may have be  subpoena hither and thereupon the defendant be find not guilty without enter  on the merit of the cause
case the king against beechcroft indictment for extortion not quash on motion  ad indictment for extortion against a officer for take money for not carry his  prisoner to a spunginghouse a and the court look upon it to be so ill a  practice that they will not hear a motion to quash it
case the king against Beecher and another the court will grant a mandamus to  justice to sign a poor rate although a former rate make by part of the parish  be sign before this be a motion for a supersedeas to a mandamus to be direct  to the justice of peace to sign a poorrate make by one part of the parishioner  only by this rate part of the parish be not charge upon pretence that it be  extraparochial and there be another rate make by the majority of the  parishioner by which that part of the parish not charge be thereby charge  which last rate be sign by two justice so if a mandamus shall be direct to  they to sign this rate it will contradict what they have already do by sign  the other rate which ought to be determine upon a appeal before a mandamus  shall be grant for the sign another rate for otherwise there may be a double  appeal the court hold that if a mandamus be direct to the justice to sign this  rate modern report er p it will not be contradictory to that which be already  sign nor to themselves because the contest be between the parishioner in which  the justice be not concern therefore they ought to sign this rate and not  contest the right it be a question of fact between the parishioner whether  this place not charge in this rate but charge by the other rate be  extraparochial or not which be fit to be try in a feign issue
case the king against bell recognizance discharge on indictment be find bell  be bind by recognizance to appear here for print a seditious libel concern the  scot colony at Darien and it appear a indictment have be find against he at  the old Bailey which he have traverse and be to answer there his attendance be  discharge here
case the king against BIGAMAN and cockeril justice for a borough can commit to  county gaol this be a motion for a information against the defendant as  justice of peace for the borough of Scarborough and the complaint be that the  plaintiff be convict before they of a riot they send he to York castle the  county prison whereas they ought to have commit he to the corporation gaol  second that they refuse to accept of the bail which be offer they and  notwithstanding send he to prison on show cause the defendant offer in excuse  to this charge that the corporation gaol be in the possession of the other  party there be a dispute in the corporation concern the election of their  magistrate so that there be two set of justice c and that if they bad commit  the plaintiff to that gaol he will not have be receive and therefore they send  he to the county gaol as to the second charge they allege that the person who  be offer as bail modern er p be accomplice with the plaintiff and modern have  be concern in the same riot for which reason they refuse their bail curian  though what the defendant have do in this case be not strict justifiable  accord to law as send the plaintiff to the county gaol which be not within  their jurisdiction and refuse to admit he to bail yet as there do not appear  that any oppression be intend it will not be sufficient cause to grant a  information and without that circumstance the court always refuse a  information against a minister of justice for the plaintiff be not without  other remedy the rule for a information be discharge
case the king against bill and other Trinity term William and mary roll the  sheriff can return a rescous to a become facias the defendant be present in  the crown office for a rescue of a coach and harness return upon a become  facias and upon appearance of the party the return be quash and they discharge  because not good on a become facias
case the king against bind the session can make a original order of removal  order make at the quartersession for the county of Surrey against the  defendant for remove he and his family be poor to Clapham parish the place of  his last settlement unless he give security to save Mitcham parish harmless  the order be remove by certiorari I move to quash it because by car c now  revive any two justice near may remove c and then there be a proviso that if  aggrieve we may appeal to the quartersession now here per narrow passage they  go to the session and make a conclusive order upon we whereby we be oust of  our appeal which benefit the very statute give we this be therefore nought as  well shower KB as in the case of bastardchildren which have be adjudge nought  a and the provision in that case be in the same method as here by the two next  justice and on appeal by the session and it be hold that the session can not  original make any order in it and it be quash on my motion per curian b a but  see king v Clegg stram Mod b see hains case comb king v Oswell and Woking salk  king v Amer salk king v Leverington burr SC shower KB er p hilary term the  second and three of James the second in the king bench sir Edward Herbert Knt  chief justice sir Francis Wythens Knt sir Richard Holloway Knt sir Thomas  Powell Knt justice sir Robert sawyer Knt attorney general sir Thomas Powell  Knt solicitor general
case the king against bishop on reversal of outlawry to know facias must go  against all the lord mediate or immediate or attorneygeneral confess he have  no land S c post ante bishop be outlaw for murder and have bring a writ of  error he remove himself by habeas corpus from Newgate and be ask what he have  to say why execution shall not be award against he he pray a allowance of his  writ of error and it be allow and then he pray a to know facias against all  the lord mediate and immediate and because the term be so far spend that he  can not have it returnable till the next the court tell he that if he get the  attorneygeneral to confess that he have no land c it will suffice and he be  commit to the marshal
case the king against bishop outlawry of murder on confession of  attorneygeneral that have no land S c ante ante he come to reverse a outlawry  of murder and upon confession of the attorneygeneral that he have no land or  tenement which confession recite that it so appear to he on affidavit the  outlawry be reverse for the common error that the court be not say to have be  hold pro come so it be reverse without any to know facias to the lord  immediate and mediate and he be send prisoner to the old Bailey
case the king against blisset and Wincot to meet tumultuous at conventicle be  a breach of the peace S C keb Mod show vent Mod Mod hawk p c and the statute  of car c and the toleration Act I will mary c two person commit for be at a  conventicle be bring up by habeas corpus Twisden justice to meet in  conventicle in such number as may be affright to the people and in such number  as the constable can suppress be a breach of the peace and of a person  recognizance for the good behaviour note this be after the late Act car c  against conventicle expire
case the king against brown Corbet and other a warrant of commitment under the  sign manual be bad and the court of king bench will discharge the party on  habeas corpus the defendant appear on a habeas corpus Corbet be a attorney  have at browns suit arrest a soldier without leave and be commit to a  messenger custody thereupon and he be now discharge because the warrant be  under the king own hand without seal or the hand of any secretary or officer  of state or justice
case the king against brown justice on view of forcible detainer can restore  possession holt chief justice justice of peace upon their view of a force can  meddle with the possession but all they can do be to remove the force and  commit they that use it and to make a record thereof and here the record of  the commitment be arrestavi in the preterperfect tense and not in the present  tense as it ought to be and all record of commitment be as To bring together  marescallo in this court and the record be quash nisi
case the king against buckeridge a motion can be make in arrest of judgement  or mitigation of punishment on a conviction for a misdemeanour unless the  defendant be present SC skin mrs buckeridge be convict of forgery on a trial  here at the bar Maynard sergeant have a dispensation come hither and offer  exception in arrest of judgement but be deny to be hear by all the court  unless his client be present then he urge that as friend curiae he may inform  they of a error in the proceed to prevent their give a false judgement at any  time although he can not move in mitigation of the fine without his client  presence but the court say that the party ought to be present in both case
case the king against bunny a melius to seek after grant on the misbehaviour  of the coroner shall be direct to the sheriff SC salk SC Carth ante I Mod cro  Elizabeth keb hawk p c hawk p c Bac Abr salk Mod stram stram a motion be make  for a melius to seek after to be direct to a coroner who have return his  inquisition upon the death of Bunny that he be not compos chin when in truth  he be felon de see but it be oppose by Pemberton sergeant and Mr pollexfen who  say that the law give great credit to the inquest of a coroner and that a  melius to seek after be seldom or never grant though it appear to the court  upon affidavit that the party bad his sense it have be grant where any fault  be in the coroner or any uncertainty in the inquisition return that there be  such a writ it can be deny but it be general grant upon office or tenor and  direct to the sheriff but never to a coroner in the case of a felon de see who  make his enquiry super look substantial object michaelmas term the four of  James the second in the king bench sir Robert wright Knt chief justice sir  John Powell Knt sir Robert Baldock Knt sir Thomas stringer Knt justice sir  Thomas powis Knt attorneygeneral sir William William Knt solicitor general
case the king against burchet and his attorney and the townclerk OF Guildford  a attachment lie for replevying good distrain under a conviction on a penal  statute S c stram burchet be convict by a justice of peace for keep dog net  and ferret to catch cony not be qualify c and by a warrant from the say  justice modern report his good be distrain for the forfeiture and while they  be in the possession of the constable and before they be sell the townclerk  grant a replevin to take they from the constable it be move to set the  replevin aside because good thus take by distress on such conviction be  irrepleviable and for a attachment against the townclerk the court will not  set aside the replevin but make a rule to show cause why a attachment shall  not go vide ante a the rule be afterward discharge by Eyre justice then alone  upon the bench the reason of its be discharge be because it be only a contempt  to the inferior jurisdiction of the justice in which case the court of king  bench never interpose S c stram but in easter term Geo the court of king bench  grant a attachment against the undersheriff of Cumberland for grant a replevin  of good distrain on a conviction of deerstealing king v monkhouse stram so  also for replevying good distrain for a fine impose on a officer by  commissioner of landtax king v Oliver bunb and in another case the court  though they refuse to grant a attachment grant a information against the party  for sue a replevin of good distrain under the highway Act and refuse it  against the sheriff only because it do not appear that be know they be good  distrain under a justice warrant king v sheriff of Leicestershire bar king b I  b modern report er p hilary term the ten of George the first in the king bench  sir John Pratt Knt chief justice sir Littleton powys Knt sir John fortescue  aland Knt sir Robert Raymond Knt justice sir Philip York Knt attorneygeneral  sir clement Wearg Knt solicitor general
case the king against Burdett jury if the jury eat and drink at the charge of  the party for who the verdict be find it avoid it but if at their own charge  they be only fineable a
case the king against burrell a appeal against a order of bastardy must be to  the next session after notice S C keb S C vent Bulst salk Bulst Mod Mod ld ray  ld ray Peer wms Mod dougl term Rep see Consts Edit of Bott vol I to a order of  maintenance to pay so much a week till the child be twelve year old be bad  side vent salk salk Annallys Rep stram burr see Mr Consts edition of bott poor  law vol I page to two justice of the peace make a order in sessiontime against  one reignolds as repute father for the keep of a bastardchild reignolds appeal  to the same session where the justice make a order that one Burrell shall keep  it Jones move to set aside this order though a order of session upon a appeal  from two justice because he say the first order be make in sessiontime that  session can not be say to be the next within the statute of Elizabeth c and  because the justice of the session do not quash the order make by two justice  modern er p KelyDge chief justice they ought to have do that Twisden justice  they may vacate the first order and refer it back to two justice as res  integran the order be read one clause of it be that Burrell shall pay  twelvepence a week for keep the child till it come to be twelve year of age  this Twisden justice for it ought to be so long as it continue Chargeable to  the parish the party be bind over to appear at the next assize in Essex
case the king against Burridge the mayor of Tiverton rule for a jury without  consent Pratt chief justice if a affidavit be lie before the court of  suspicion that there will not be a fair jury and the adverse party will not  consent to a good jury we will rule one without his consent it be do every day  in the court of common plea easter term the ten of George the first in the  king bench sir John Pratt Knt chief justice sir Littleton powys Knt sir John  fortescue aland Knt sir Robert Raymond Knt justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general
case the king against burrow a attachment grant for challenge the array after  consent that the master shall strike the jury on a motion to show cause  against a attachment for challenge the array after he have enter into a rule  by consent that the jury shall be strike by the master c for that there be  several instance where in the like rule word have be add that neither party  shall challenge the array for want of hundredors but per totan curian the rule  be that the sheriff shall bring his book to the master that he shall appoint  such a number that the party shall each of they strike out so many and that  the cause shall be try per residuum jurator but this challenge say it shall  not be try by they if this challenge be not contrary to the express word of  the rule it be contrary to the necessary implication of the rule and that be  the same there must be a attachment
case the king against burst the Elizabeth c for not come to church extend to  protestant as well as to papist and the indictment may be find in any county  SC skin burst a attorney of Canterbury be indict on Elizabeth c for twenty  pound a month for not come to church he plead that he be a protestant and not  a papist rule by the court on solemn debate that these statute extend to all  person of any persuasion whatsoever and hold good though he be a inhabitant in  Canterbury and the indictment in ken for that a indictment of such a negative  offence may be find any where in England
case the king against butler the court will grant a information quo warranto  if there appear to be a question necessary to be try see Espinasse dig one  hunt be bailiff of the corporation of whitechurch in Hampshire in the year at  which time bachelor be choose mayor by the juror summon by the modern report  er p say hunt and then the mayor continue hunt bailiff for the next year  videlicet for the year be the year of his mayoralty thereupon a information in  nature of a quo warranto be grant both against the mayor and hunt suggest that  no man can be mayor or bailiff there who be nonresident modern report and  choose by nonresident and that both the mayor and bailiff be nonresident and  therefore have usurp a franchise and at the trial a verdict be find for the  mayor that he be a inhabitant resident and against hunt that he be nonresident  thereupon the mayor name one page to be bailiff the question now be whether  the mayor can name a new bailiff or whether one neeve who be bailiff before  this mayor be elect shall continue bailiff because by the constitution of this  corporation a bailiff duly elect be to continue in his office for a year and  until another be duly choose and hunt be never duly choose because he be  nonresident and this be a controvert point another information c be grant to  try it per curian information in nature of a quo warranto may be bring with  leave of the court at the relation of any person desire to prosecute and this  be by virtue of the statute Ann c the end of which statute be to prevent  frivolous and vexatious controversy and therefore information be not to be  file without leave of the court but the question in this case seem doubtful  and since it be controvert it ought to be try
case the king against BYNON a grand juror be indictable for make a presentment  without assent of his fellow indictment for that the defendant be return c  swear one of the grand jury for the county of do make a presentment without  the assent of his fellow and deliver it among other presentment in form thus  we present c hold to be a offence although it be not say in the name of his  fellow and deny to be quash upon that exception
case the king against Camberwell the word declare shall not operate  retrospectively before the statute will mary forty day service make a  settlement and then a Act come and say be it declare that no service less than  a year shall make a settlement that word declare shall not make a retrospect  to avoid a prior judgement upon the former statute
case the king against CARROCKE if a overseer deliver a account to two justice  pursuant to Elizabeth c S they can commit he because such account be not  sufficient particular or to their satisfaction the defendant be commit by the  mayor and a alderman two justice of peace of Taunton by warrant recite that he  and three other have be overseer of the poor of the parish of within the  borough and duly summon to appear that day to show cause why they have not  render a account of money receive and pay by they to the use of the poor that  the defendant have appear before they two justice of the peace and be demand  to give a just and true account of all such money as have be receive and pay  he have only produce a account in gross of his receipt and payment and refuse  to give a particular account or to produce his book by which he receive the  money on rate assess c and also a particular account to who he pay such money  charge in gross and therefore they believe such account to be no account  accord to Elizabeth c S a and the say defendant have refuse to give any other  account they therefore commit he to be detain until he shall make a true  account before they or two other justice of the peace for that borough and  upon a habeas corpus he be here discharge per totan curian because the justice  have no authority to commit in this manner by the statute of Elizabeth c for  that a account be confess to have be render c
case the king against carter the court will not bail a man find guilty of  manslaughter by the coroner inquest if it appear thereon to be murder S c Kely  Mr Parker move to admit the defendant to bail the defendant be find guilty on  the coroner inquest of manslaughter though by the evidence set out on the  inquisition it appear to be murder the court hold clear they be not to be  guide by the conclusion of the jury but must judge themselves upon the fact as  set out and though the party be find guilty of manslaughter only before the  coroner he may afterward be convict of murder upon the trial before the petty  jury it be agree likewise that the defendant can not by affidavit enter into  any proof of his innocence though as to any corruption or misbehaviour in the  coroner or jury be may and the motion be deny see king v Acton stram king v  Dalton stram king v Magarth stram king v Homer call and hawk p c that edit ch  S notorious facts a
case the king against Chaloner a confession enter on the postea thus that at  nisi prius on such a day the defendant relict verification confess the action  be have averment that a be at d in Middlesex and that his dog be then and  there follow he shall extend to both place a information be against he for  kill my Lord s s dog set forth that Lord S be ride in the will of d in the  county of Middlesex and that his greyhound be tunc et ibidem follow he the  defendant draw his sword and tunc et ibidem kill the dog not guilty plead and  at nisi prius the defendant relict verificatione confess the action and the  postea be that at nisi prius at such a day the defendant relict verification  confess the action holt chief justice you shall not have mention the nisi  prius at all but have enter it as of a term before or since you have mention  it you shall have show that the jury be call c and then the defendant relocate  c for now you tell we of a nisi prius and show nothing that be do there  Brotherick except that it do not appear what county the dog be in for though  Lord S be say to be in Middlesex the dog may be in another county and the  adtunc et ibidem shall only go to the will which may extend to more county  than one say per curian it shall go to both
case the king against chandler a indictment against a man for secret a woman  big with a illegitimate ftus beget by he be bad S c stram S c ld ray S c Sess  Cas the defendant be indict for that Alice hunt be with child de illegitimo  ftu beget by he the defendant be secret her so that she can not he have or  find to give evidence for the parish against he to which indictment the  defendant demurrer because there can be a illegitimate foetus and for that  reason the defendant have judgement for every foetus be legitimate till bear  for the parent may marry before the child be bear and if so then the child be  legitimate
case the king against clark information for building lock on the river Thames  a information be file against clark for building of lock on the river Thames  to the obstruction of navigation and per holt chief justice to hinder the  course of a navigable river be against great Charta c and anything that  aggravate the fact though not direct to the issue may be give in evidence upon  it as here the take of money to let people pass and it be no exception to a  witness here that he contribute to carry on the suit or that this public  nuisance be to his private nuisance
case the king against clerk in information for nuisance by consent jury to  have view in information for a public nuisance the jury find the defendant  guilty yet because it appear to the court to be doubtful upon the evidence and  that the jury have not have the view though very proper in this case they wish  the party to consent to let this jury have the view and to come to trial again  and it be so do by consent and this the court do because it be a question of  right and this trial will be peremptory to the defendant
case the king against coal infant can be a bankrupt S c holt S c ld ray the  defendant be indict for that he be a bankrupt and bring before the  commissioner refuse to give they a account of his effect and be defence at the  trial upon not guilty plead be that he be a infant at the time of the debt  contract and therefore can not be a bankrupt and of that opinion be holt chief  justice for though the debt of a infant be only voidable at his election yet  no one can be a bankrupt for debt he be not oblige to pay wherefore the  defendant be acquit a
case the king against colson and other on a information for riotous divert a  watercourse a verdict find the defendant guilty of divert a watercourse and  not guilty of the riot be repugnant and void roll Abr hob and cro car saint a  Bl Rep burr salk but see king v fieldhouse Cowp a information be exhibit  against the defendant set forth that they with other do riotous assemble  themselves together to divert a watercourse and that they set up a bank in a  certain place by which the water be hinder from run to a ancient mill in so  splendid a manner as former c upon not guilty plead it come to a trial and the  jury find that quoad party bank the defendant be guilty and quoad riotum not  guilty modern Mr William move in arrest of judgement because that by this  verdict the defendant be acquit of the charge in the information which be the  riot and as for the erect of the bank a action on the case will lie and the  judgement be accord arrest
case the king against Colvin a attachment lie against a gaoler for corrupt  refuse to return a habeas corpus upon a motion for a attachment against the  defendant who be a gaoler for deny to return a habeas corpus direct to he and  for extort a note from the prosecutor then in his custody so as by menace and  duress he be force to comply and give the note for payment of money to the  gaoler the court make a rule that he shall show cause why a attachment shall  not pro notam a attachment issue out against a associate for mend a record  after a motion in arrest of judgement for the same fault which he mend but  upon his make the record a it be before it be mend and pay cost the court ex  agreeableness supersede the attachment
case the king against cony and obrian murder may be pardon although the word  murder be not insert SC Mod SC skin the defendant have be convict and attaint  of murder at the old Bailey the last session come here to plead their pardon  which have not the word murdrum in it but only felon et slaughter and it be  doubt by the court if it be good and after two or three day consideration the  pardon be allow and so have be several in this court and one or two on solemn  debate and for eight or ten year pass the word murdrum have be general omit  and with a non to stand before a the statute of Richard c it have be hold good  and so be it in this case
case the king against Cox if a defendant appear in b r upon recognizance on a  information for a riot file against he he may imparl till next term sir Thomas  Cox of Gloucestershire appear here upon his recognizance give before holt  chief justice in the vacation and a information be file against he and other  for riot he be charge to plead to it as have be the practice but upon debate  it be say that he need not and be not compellable and be allow to appear and  imparl till the next term
case the king against cracker the defendant be find guilty upon a information  in nature of a quo warranto for usurp the office of mayor and fine this be a  motion for a rule on the undersheriff of Cornwall to execute a capias pro fine  impose on the defendant cracker and that be may make the return immediate and  attend with it in court or otherwise show cause why he have not execute it  this cracker be find guilty upon a information in nature of a quo warranto for  usurp the office of mayor of Tregony in Cornwall for several year successive  modern report and now a rule be make that the sheriff shall return this writ  within ten day or show cause why a attachment shall not go against he but the  sheriff bring cracker in on the day the writ be returnable and he be commit to  the king bench prison until the court shall consider what fine to set on he  which be suspend until the term follow and a rule be make that he shall be  carry down to Tregony at the next electionday for a mayor in order to proceed  to a election which be do and upon a mandamus direct to he for that purpose  videlicet to elect and swear a new mayor be return that t S be duly elect  mayor and that he be Willing to swear he into that office but he have  misbehave himself in this election there be no more than two who vote for the  due mayor who be unwilling to take the office upon himself lest he shall be  prosecute upon a information for usurp the office he refuse to be swear so  this cracker continue mayor still have be mayor though he be six month in  prison and for this misbehaviour he be find guilty and fine two hundred pound  and to stand commit until be pay it
case the king against Cranmer non pro enter by prosecutor set aside S c ld ray  a indictment be for perjury the defendant enter into a recognizance to try it  and be desirous to carry it down to try but the prosecutor enter a non pro per  curian it be a ancient but illegal practice that if a indictment have lie  still for a long time to enter a non pro upon it but that ought not to be  without leave of the attorneygeneral not even at the request of the prosecutor  for it will be of intolerable mischief that it shall be at the discretion of  the prosecutor to make a end of the king suit and also to get a bill for a  infamous modern report crime find of record against one and by such entry of  non pro deprive he of the mean of clear himself by trial and for these reason  the court do set it aside and if the indictment be vicious a acquittal in it  will be no bar to a new one
case the king against CRIPLAND a information lie for promise a elector a sum  of money to induce he to vote for a particular candidate for the office of  mayor although no money be actual pay information for endeavour to corrupt a  person in the election of a mayor of Tiverton in the room of one John Upton it  be lie that in order to induce he to vote be promise he fifty pound it do not  appear that be do actual give the say money or that the person take any notice  or regard of the say promise or do anything in pursuance thereof and then it  modern report may be a breach of good behaviour in the defendant but can go no  further salk Poph one member of a corporation may solicit another to vote for  his friend afterward in this term the court give judgement for the king it be  a offence modern report er p for which a information will lie for one of a  corporation to endeavour to corrupt another in a election of a member a see  king v Plympton ld ray king v Vaughan burr a
case the king against Crosby whether infamy arise from the crime or punishment  Qure S c Mod S c skin S c salk S c holt Crosby be try for high treason and  Aaron smith be produce as a witness smith have stand in the pillory for give  instruction to Stephen college it be object that he be not a good witness  Samuel Eyre justice say his opinion have always be that the disability follow  the infamy of the fact not of the punishment but wave that smith be a good  witness by the late Act of pardon a holt chief justice though the pardon do  not take away the former disability a mason v Dixon Jones b judgement be give  for the plaintiff S c Mod a see king v warden of the fleet post modern report  er p as a reversal of a judgement do yet it give he a ability de to make new b  but he intimate his opinion to be that the disability follow the infamy of the  punishment c at this trial several treasonable paper be produce which they  swear they believe to be the handwriting of the prisoner and on this a  question arise whether comparison of hand be sufficient per curium it be not  sufficient for the original foundation of a attainder but may be well use as a  circumstantial and confirm evidence if the fact be otherwise full prove as in  my Lord preston case d his attempt to go with they into France and principal  where they be find on his person but here since they be find elsewhere to  convict on similitude of hand be to run into the error of colonel Sidney case  a
case the king against cross refer to b v pain king b a principal felon may be  witness against the accessary a misdemeanour at commonlaw be merge in a felony  by statute S c post S c salk S c ld ray she be indict for a misdemeanour in  receive steal good know they to be steal and the very thief be produce as a  evidence a who confess the fact he be bring up by habeas corpus ad to make a  witness from the compter holt chief justice these indictment be never think  good by I before I a this case be at nisi prius before holt chief justice a  see Richardson v Atkinson I stram hartop v hoar stram Ross v Johnston burr  Seyds v flay term Rep b as chimneypieces pump and the like black Com but then  article of this kind be only consider as permanent on question concern they  betwixt heir and executor h Bl Rep for as between landlord and tenant it be  now hold that a tenant may during his term take away chimneypieces or wainscot  which he have put up atk and it have be determine that a fire engine erect by  a tenant for life shall go to his executor atk c see roll Abr cro Elizabeth    light a see the statute Geo c and the case of William Haslan case in crown law  modern report er p come upon the bench though I have be overrule in it once  but let we try the fact first and it shall be consider afterward whether the  indictment be maintainable and be say some judge will try a trover for good  before a indictment for the take but be never will do it but rather get a  juror withdraw if the matter have proceed so far that the plaintiff may not be  nonsuit b and the plaintiff in this action be bind in a recognizance to  prosecute the principal felon in forty pound in court
case the king against cross see S c Mod with note a fact make felony by  statute not indictable as a misdemeanour S c ld ray S c Trem a indictment be  for a misdemeanour for buy steal good know they to be steal and a verdict for  the king it be move in arrest of judgement that the offence be felony by a  late statute a see Anonymous ante a Henry c but it be at length settle that  this be a public statute and therefore it need not now be plead Samuel v Evans  term Rep b see lavender v oak stram and Roger v reeves term Rep to modern  report er p make in the time of the king and queen a and therefore it be not  punishable as a misdemeanour and per curium before that statute buy of steal  good know they to be steal be only evidence of the party be accessary before  but by this statute such buy be make felony a and judgement be arrest
case the king against curtis Christian and other a venire though it state the  jury to be honest man of a year instead of free man of a year accord to  Elizabeth c be good SC raym the statute of amendment do not extend to plead of  the crown indictment for their information against the duke of Buckingham  after verdict it be move in arrest of judgement first that the venire be  dvodecim Probus et of man and the statute be book et of second it be et to  have land et tenement ad valor twenty pound a year whereas the statute be but  quatuor precedent on the Crownside be always Probus et regales except some few  since the exception take roll Abr cro James   light adjudge that it be no  material variance and of include both book and Probus and twenty include  quatuor and the statute say four pound a year at the least so that it may be  more and it be the substance which be regard by that statute judgement for the  king it be say by dolben justice and not deny by any of the other judge that  indictment and plead of the Crownside be not within the statute of amendment  for the preamble be plead between party and party
case the king against DARREL a promise of a pardon do not disable a man from  be witness upon a trial at bar for compass the death of the king it be debate  whether a promise of pardon do not disable a man from be a witness the court  resolve that this be a objection never allow and of no weight treason and such  like crime be not to be discover but by the accomplice who will never be  prevail with to give evidence but in expectation of a pardon several act of  parliament have encourage the discovery of crime by the promise of a pardon as  to modern report the opinion in keeling of Lord chief baron hale to the  contrary he be overrule by the rest of the judge the court resolve that a  conspire to levy war in order to dethrone the king which be the civil death of  the king be a overt act to prove the compass the death of the king but that a  conspire to levy war general be not a overt act to prove the compass the death  of the king because there may be such a levy war as may be treasonable without  any intention of depose the king as pull down enclosure bawdyhouse c the  opinion of keeling chief justice a Kely a as oppose to Lord coke b Inst b be  hold for good law modern report hilary term the second of George the first in  the king bench sir Thomas Parker Knt chief justice sir Littleton powys Knt sir  Robert Eyre Knt sir John Pratt Knt justice sir Edward Northey Knt  attorneygeneral John fortescue aland Esq solicitor general
case the king against davis No new trial on acquittal on information for be  against evidence aliter if by fraud or surprise S c show upon a information  for a not a trial be have and a verdict give for the defendant and a new trial  modern report pray for for the king and sir John jackson case allege the court  say that be prove to be by fraud and since that in hale time a new trial have  be grant the verdict be obtain by fraud but this verdict be only against  evidence but no fraud a new trial be deny a new trial be grant in the case of  the queen v coke the acquittal be by surprise upon the modern report er p  prosecutor for want of notice it be bring on by the defendant it be in  Michaelmas term in the three year of queen whether on a indictment for keep a  common bawdyhouse
case the king against daw sheriff can oblige a person to take assignment of a  bailbond take on a attachment S c salk S c ld ray the defendant be sheriff and  have take up a man upon a attachment a take a bailbond from a sufficient bail  for his appearance it be move by Raymond that the prosecutor shall be compel  to take a assignment of the bailbond and this he say be frequent grant in the  common plea where obligee be a sufficient person but the court deny the motion  b
case the king against dean and Pepys person commit by rule of the court of  king bench be not entitle to be discharge under habeas corpus Act resolve by  the court that a man commit by this court be not within the benefit of the  late habeas corpus Act and that that Act reach only to extrajudicial  commitment by king and Council or secretary of state and the like and accord  the defendant be deny the benefit of it a
case the king against dean bird and other the vendee of a term under a sale  set forth must bring a ejectment to obtain possession for it can be deliver to  he by the sheriff SC post upon motion for restitution to a possession which  the party have be put out of by colour of a become facias it be hold by the  court that if a sheriff on a become facias sell a lease or term of a house he  can and must not put the person out of possession shower KB and the vendee in  but the vendee must bring his ejectment per curian a
case the king against Dillon session may discharge a apprentice and order  money receive to be refund S c salk S c holt a original order of session be  make upon he for discharge his apprentice from he pursuant to the statute of  Elizabeth c S and order he to refund some of the money he have receive with he  and first it be object they have no power by the statute to order refund of  money but only to discharge the apprenticeship and that upon enrolment of the  discharge the indenture be defeat but it be rule that clear they have power to  award a restitution by necessary consequence for suppose he have bring a  considerable sum and have serve but two month a second it be object that they  have no power to make a order but upon appearance of the master upon a summons  which be not show to have be here answer the word be indeed that they shall  make order on appearance but it be hard to construe it that they shall modern  report not meddle if he will not appear for then he will take advantage of his  own wrong but it ought to appear that he be summon or warn to appear b three  exception be that it appear this be original begin at the session whereas they  have no jurisdiction till after application to the principal magistrate of the  corporation or to a justice of peace and of this opinion be holt chief justice  but upon consideration because the precedent go the other way he give way to  they and the order be confirm c
case the king against Dixon and Hollis parish to be indict for not repair a  highway and not the overseer indictment against two defendant who be overseer  of the highway for not repair or cause to be repair the highway and it be  quash because a indictment for not repair must always be against the parish  the overseer not be bind to repair the way but only to give notice to the  parish to come and repair they
case the king against Dorney forcible entry what estate the party have must  appear S c ld ray S c salk S c holt a inquisition of forcible entry be quash  for that it do not appear what estate the party on who the entry be make have  for if he be tenant at sufferance it will not lie
case the king against dr bettesworth see in the good of ewing p d a mandamus  lie to grant to the husband administration of his wife effect though she have  make a will of property devise to her after marriage with express power give  by the testator for her so to do without her husband interference SC stram  mandamus to the defendant who be head of the prerogative court of Canterbury  to grant administration to the plaintiff of his wife good and effect c the  defendant return that one a b give to the plaintiff wife in her lifetime such  and modern er p such a estate and effect prout in return to the mandamus and  particular order that her then husband who be the plaintiff shall have nothing  to do therewith either in his lifetime or after her death and that after her  decease it shall go to such person as she shall in her lifetime appoint either  by will or otherwise that the plaintiff wife make her will in write which they  find be duly execute and thereby give these effect c to one b c who she make  executor c and therefore he can grant administration to the plaintiff and the  question be upon this return whether administration ought to be grant to the  husband or not there be no doubt here but the husband be entitle to have  administration grant to he the husband by Act of parliament be the only person  entitle to administration to the wife unless he by some act of his own shall  part with that right either before or modern after marriage in which case the  wife may make a will or do any act pursuant to the power give her now here be  no act return to have be do by the husband to debar he of this right nor do  the will of a b give her any power to make a will only at most a appointment  in equity of a particular estate which can be do by will and beside the wife  may have some other considerable estate or effect which none but her husband  can be entitle to therefore a peremptory mandamus must go to grant  administration to the husband
case the king against dr bettesworth the court will not supersede a mandamus  to compel probate if it issue before the will be litigate SC barn SC andr S c  stram SC barn Mr tailor move to supersede a mandamus to the prerogative court  to compel the probate of a will because erronice to flow out upon produce a  affidavit and the proceed in the court below whereby it appear the will be  litigate there and to prove that the court will supersede a mandamus under  those circumstance and not require a return to be make thereto he cite sir  Richard reins case Mod Lord Hardwicke chief justice it appear the litigation  of the will be subsequent to the time of the mandamus issue and in that  respect distinguishable from the case cite as this writ can hardly be say to  have issue erroneous when at that time there be no controversy about the will  and when there be none a mandamus proper lie modern er p there be a rule to  show cause which be afterward make absolute by consent of the other side and  the mandamus go
case the king against dr shippen and other in a prohibition the question be  who be visitor of university college in Oxford in a prohibition the case be dr  Cockman and dr Dennison be candidate for the mastership of university college  in Oxford and the first be declare master but dr Dennison and the dissent  fellow of the college appeal to dr shippen the vicechancellor and other as  visitor and thereupon it be suggest by dr Cockman in a prohibition that this  college be find by king Alfred in the year as by several inscription in the  college it do appear and that the member thereof always commemorate that king  in preach and all other public act and that the king of England be always  visitor of that college and no other person have any visitatorial power there  this cause be refer to the attorney and the solicitor general and they be to  report who be the founder of this college and they report that it be too  difficult for they to determine after so long a time who be the founder and of  great difficulty to determine whether the vicechancellor be visitor thereupon  a rule be make that the defendant shall show cause why a prohibition shall not  go
case the king against DUHAMMEL the session may discharge a apprentice from his  indenture on account of the default and ill treatment of the master SC skin  motion to quash a order of session make on the petition of William Eaton a  indentureapprentice to the defendant with who there be give ten pound and a  suit of clothes for the discharge of the say apprentice from his master and  indenture and for the return of the ten pound upon the account of immoderate  beat and not provide necessary meat and drink and for the delivery up of his  shower KB indenture to be cancel and of his wear apparel the first exception  take be that they have not power unless by the statute Elizabeth c of labourer  and of apprentice bind out by the parish but it be resolve that they have  power by Elizabeth c second exception that they have no power to order a  return of the money but it be hold that they have power to make a order  concern it as a incident inseparable to the other and the order be confirm
case the king against Duncomb amendment a jury can be strike by the master in  capital case the attorneygeneral move for leave to amend a information against  Duncomb wherein the name of a commissioner of excise be mistake and grant and  that the master may strike a jury by consent which be also grant be only a  case of misdemeanour but not in capital case for then the prisoner will lose  his challenge and it be never ask to replead upon mend information in case of  misdemeanour the coroner return fortyeight but not in capital case
case the king against EASTBRIDGE a order tax one parish in aid of another  parish within the same hundred make original at the session be bad for such  order must begin with two justice S C Foley a original order be make at the  session to this effect videlicet it appear to this court that the parish of  dimchurch in the hundred of worth be overburden with poor and that the parish  of Eastbridge within the same hundred of worth have no poor relievable within  their say parish it be order that the say parish of Eastbridge be from  henceforth annex to the say parish of dimchurch and that the occupier of land  and tenement within the say parish of Eastbridge be Chargeable and  contributory towards the relief of the poor of the say parish of dimchurch the  sum of twenty pound per annum by monthly payment so long as the say parish  shall be overburden and no poor within the say parish of Eastbridge a motion  be make to quash this order because it be in nature of a Act of parliament but  it be quash because it be a original order it shall have begin with two  justice see Elizabeth c S
case the king against Edward a information lie against overseer of the poor  for remove a sick person upon a motion for a information against the overseer  of the poor of the parish of Wadhurst for remove a poor woman who have the  smallpox into another parish and against her will from the parish of Wadhurst  where she be a inhabitant and the session refuse to give any relief the chief  justice say that where a person be visit with sickness by the act of God he  ought not to be remove from the place where he be sick far to endanger his  health without a order of two justice and if such order be make by the justice  know he to be sick a information shall go against they modern report er p  thereupon a rule be make against the overseer to show cause c and on another  day they come to show cause c and deny the fact allege against they and move  that the rule may be discharge for otherwise this woman who be real settle in  that parish to which she be remove will upon the trial of this information be  evidence against the parish of Wadhurst and gain a settlement there but the  court be of opinion that the fact be controvert and carry such a barbarity  with it it be requisite that it shall be try upon a information and then the  jury will be proper judge of the truth
case the king against Edward and other ad indictment will not lie for conspire  to burden a parish with a pauper S c stram S c Mod S c and indictment for a  conspiracy to charge the parish of Stoak with the maintenance of a poor woman  and that for that purpose the defendant give some money in marriage with her  to a poor man of Stoak modern report er p motion to quash it and it be insist  to support the indictment that although the payment of money be lawful yet the  indictment lie for that the conspire alone be indictable without any act do in  pursuance of such conspire lev vent salk banns sergeant contra in those case  the conspiracy be to do a wrong to another person here be no wrong or injury  to any other they do not say the man be likely to become Chargeable so no  wrong to the parish this indictment be find at the quartersession and they  have no jurisdiction in this case Pratt chief justice if the mean use to bring  the conspiracy about be unlawful or doubtful this court will riot quash the  indictment upon motion but where the mean be clear lawful the court will  whether the marriage of this old woman be lawful or not be accord to the  circumstance and uncertain therefore they ought to demurrer modern report  fortescue justice if the design of the conspiracy or end of a indictment be  fraudulent whatever be the mean the court ought not to quash it on motion the  court perhaps may if the second exception have be clear Raymond justice quash  a indictment on motion be entire in the discretion of the court and this ought  not to find favour to be quash on motion the court on demurrer give judgement  for the defendant a but see king v Tarrant burr king v sadler sayer king v  Compton call king v Upsdale call a
case the king against Edward exercise a trade indictment for exercise a trade  not have serve his time exception that in the margin be Burg Warwick without  show in what county nor be it show any where in the indictment per curian  there not be a county show where to direct a venue therefore quash
case the king against Elizabeth ashly order of session need not appear to be  make by justice of the division S c salk S c salk S c Sett Rem motion to quash  a order of session because it be not say that the justice by who the order be  make be of the division say per curian that be but directory for there may be  no justice of the division division be not know in our law but of the county  into hundred and by that expression in the statute be mean to go to the next  justice
case the king against eller money pay on a forge authority may be recover back  publication of forgery holt chief justice if a innocent person receive money  upon a forge note not know anything of the forgery it be no crime in he but he  shall answer for the money sole a but receive money upon a forge note know the  forgery be a publication of the forgery
case the king against emerton queen whether a falsity write be punishable as a  offence at commonlaw when no mischief be do or intend information for deceit  by write a letter in the Lord chief justice Rainsfords name to get sir Robert  viner to come to Brentford after verdict it be move in arrest of judgement the  chief exception be that it be a private letter and only design to draw a man  to a certain place and no inconvenience arise thereupon there be no wrong or  injury do to any particular person but Mr attorney general say that the   be a  offence he agree that in case upon the statute of perjury a and forgery b it  must be material to the question in hand and detrimental to some one or other  but at the commonlaw it be not necessary wile justice suppose I have a mind to  a man company I write a letter to he in another man name to bring he thither  because he will not come for my send be this a offence No mischief be intend  nor do any ensue the statute be make to make   a offence if any evil follow  thereupon therefore it be not so at the commonlaw suppose I will have a judge  come to I at Brentford who will not come upon my request I therefore write to  he from another judge will a indictment lie hereupon sure no it be only a lie  in scribe the court be divide Scroggs chief justice and Twisden justice that  it be a offence wile and Jones justice that it be not and so it rest and no  judgement in the cause quaere therefore whether a shower KB falsity write be  punishable as a offence at the commonlaw when no mischief be do or intend  second exception be it be say Raroli instead of caroli but that be amend by  rule of court
case the king against emmery person acquit on information have cost the  defendant have be acquit upon a information move for cost and have they and  the difference be where the judge who try the cause certify probable cause of  prosecution and where not a
case the king against enoch uvoodward by indictment mich term car in b r crown  side nonconformity the defendant be commit by two justice of Norfolk on the  car c the OxfordAct a against dissent minister live within five mile of a  corporation upon oath make of his be a inhabitant within the city of Norwich  and be bail in the vacationtime by Mr baron Atkins upon a habeas corpus I move  the first day of this term that his recognizance may be discharge for that the  warrant of commitment which here appear on the return of the habeas corpus be  nought it not appear that he have be former a parson vicar or other benefice  parson or have be a teacher but only that he be a inhabitant and so he be not  within the word or intend provision of that statute which be make against the  residency of such person within corporation which by their teach may seduce  and debauch the king liege subject from their duty to their sovereign and the  church and of this opinion be all the court and the defendant discharge upon  my motion
case the king against Forbis a indictment find on that January charge that the  defendant from saint January last pass absent himself from church for six  month be good for the word last pass shall refer to the month and not to the  day SC ray indictment for not come to church take at a session hold the  thirteenth of January in the thirtysecond year of Charles the second for that  the defendant be of such a age on the first of January last pass and for six  month after forbear to come to any church or chapel c and upon motion to quash  it be hold per curian that the first of January last pass shall be intend to  be the month last pass and not the day and though a bind date the five of  march condition for payment of money the twentyfifth of march next shall refer  to the day and not the month yet such a construction shall never be make to  lose a debt destroy a indictment or vacate a judgement but only when it be in  maintenance of they a
case the king against ford a indictment for sell ale without any licence  whatever and against the statute car c be good without aver that he be not  licence accord to Edward c S c stram S c Sess case the defendant be convict  upon the statute car c by which it be enact that none shall keep a alehouse  without licence on pain of forfeiture of twenty shilling to the poor c it be  move to quash this conviction because alehousekeeper sell ale without licence  be punishable by former statute particular by the statute Edward c which enact  that none shall keep alehouse without a licence grant either in session or by  two justice quorum One on pain of three day imprisonment without bail modern  report now it do not appear in this case but that the defendant may be licence  by two justice of peace accord to that statute and if so then this conviction  ought to be quash the court the statute Edward c be entire out of the case  because it be allege in the indictment that the defendant sell ale contrary to  the statute car c and it be likewise aver that he sell it without aliquan  freedom wherever the objection that he may be licence by two justice be of no  weight
case the king against ford a indictment state the offence in the reign of king  Charles without say the first or the second be bad indictment at the  quartersession in the county of Devon for a assault and take away a handgun be  remove hither by certiorari I move to quash it because first in the caption it  be in the thirtysixth of king Charles and do not say the first or the second  and so it may be before the offence and be say king Charles without any  addition it shall rather be intend king Charles the first ration praecedentiae  shower KB er p second after the a swearer super sacrament suum pillage it want  the word looks like and so be nought and upon that account it be quash
case the king against ford on a summary conviction the court will intend that  the defendant be summon stram ford be convict in a summary way on the statute  of dear steal a to which it be object first that it do not appear on the  record that the defendant have any notice to come and make his defence and  calling be de jure physical scientist that none be convict without a  opportunity of make defence quod curian to go away but this be by person by  law entrust with the administration of justice we will intend they have  proceed regular and legal if the contrary appear not b second it be not show  to be the offence describe by the statute for it be not say that deer be usual  keep there for ten year before c per curian if that be notorious know it need  not to be aver three it be say we kill the deer without consent of the owner  on such a day so they tie up the want of consent to the day and that be ill  for the consent may have be give the day before to kill the deer the next day  and then it will be a lawful kill though in strictness without the owner  consent on that day but per curium a consent today to kill a deer any day for  a month be a consent for every day until it be execute or revoke which can be  modern report till notice last it be move to stay the affirm the conviction  because there be a information for perjury against the witness on who oath it  be until that be try say nhilominus it be confirm a see the duchess of  kingston case state trial hawk p c ch page a the statute will mary c but this  statute be repeal and other provision enact by Geo c see I hawk p c ch b king  v Simpson stram king v theed stram S c Lord raym S c Mod king v JoAnston stram  king v Aiken burr c see king v Calcutt and Marli stram modern report er p
case the king against fownes the omission of name the magistrate justice of  the peace in a warrant be cure by call they justice in a return to habeas  corpus a commitment on the conventicle Act car c must state that the party  have not take the oath the defendant be bring hither by habeas corpus from  Bristol gaol exception be take to the commitment first that it be by several  man not name themselves justice of the peace the court that be help by the  return in which it be say they be justice second that it be for that be at a  conventicle and take preach in a borough which send burgess to parliament they  commit he to gaol for six month and do not say he have not take the oath which  commitment must be on the Oxford Act a against dissenter live within five mile  of a corporation which be on their refusal to take the oath this exception be  allow and he be discharge on my motion and hold good although it do not set  forth the cause of action or that the defendant become indebt within the  jurisdiction Cowp Higginson v Martin Mod bull n p for the officer be not bind  to take notice whether the cause of action arise out of the jurisdiction  Truscott v carpenter ld ray Ollict v Bessi ante post b the court without  regard to the plea give judgement for the defendant on the defect of the  declaration for by quod cum nothing be precise allege SC Jones but see will  will and the note to the case of mercer v Southwell ante a see king v gough  dougl a car c S but this clause be alter by the I will mary sess c S and see  car c and Geo c shower KB er p
case the king against fox indictment for exercise a trade not have serve  thereto a indictment for exercise a trade not have serve to it the space of  seven year infra kingdom England or walli be quash for this exception for it  shall be or walliam
case the king against full indictment for procure a attorney to be press to  sea full be convict upon a indictment for procure a attorney of the court who  marry his sister to be press to sea be fine one hundred mark
case the king against full the evidence in a conviction must appear to be of  fact prior to the information S c barn king b S c Sess case S c ld ray it be a  conviction upon the statute of will c the complaint be lie to be make on the  thirtyfirst of march and conviction be on the three of April and be that he  modus to have et thus far tenet and for this it be quash for that a fact on  one day can not be on another clay
case the king against gall the James c do not extend to subsequent statute all  popular action and prosecution on penal statute before James c must be in the  county where the fact be commit S c holt holt chief justice deliver the  opinion of ten of the judge who meet at sergeant inn upon some question upon  the statute James c first that that statute do not extend to any offence new  create by any statute make since so that subsequent penal statute be not  restrain thereby a oh second that no action of debt lie on the statute  Elizabeth c or any penal statute by a common informer in a foreign county but  be take away by the statute of James c but if the fact be commit in the county  where the king bench sit then it may be bring in the king bench but not  otherwise b and he deny the case of barn v hughs c to be law and per holt  chief justice Rokeby and Turton justice if a subsequent Act be make that give  a popular action you must in debt lie it in the proper county and though the  party go out of the county you may proceed against he by outlawry
case the king against gibbons the justice at the old Bailey have jurisdiction  only over those prisoner who be in Newgate SC saint Tr the defendant be commit  by one of the secretary for treason to the Gatehouse and at the Michaelmas  session at the old Bailey I offer to make his prayer for he accord to the car  of habeas corpus to be try or bail but rule by the Lord jefferies that the  Gatehouse be not a prison within their jurisdiction though the word of the Act  be at the next session of oyer and terminer or general gaoldelivery and they  then sit at the old Bailey as commissioner of oyer and terminer and the word  of the statute be shower KB in the disjunctive but yet resolve that none be  there within the benefit of it but those in Newgate although the judge at the  old Bailey have a calendar of the prisoner in the Gatehouse resolve in the  Lord shaftsbury case the same of the tower send hoc nec law nec ratio let
case the king against gibbs a indictment for sell beer without have pay the  duty be good although it do not say to who sell S c stram S c Sess Cas the  defendant be indict for sell beer without pay the duty and upon not guilty  plead the cause be try and he be find guilty it be now move in arrest of  judgement that this indictment be insufficient because it set forth that the  defendant sell beer without pay the duty but do not show to who or at what  time it be to be pay nor what quantity of beer he sell and consequent a  conviction upon such all uncertain indictment can be plead to any other for  the same offence neither can the defendant make any tolerable defence to such  a uncertain charge court as to this point hold the indictment good for the  prosecutor may not know the name of the person to who the beer be sell and it  be a offence let it be sell to who it may S c stram a second in criminal case  the utmost certainty be require therefore the quantity of the offence shall  have be set forth in this indictment so as a conviction thereon may have be a  bar to all other action and prosecution for the same offence and for this  reason the judgement be arrest
case the king against gibson a indictment for a fraud can be quash on motion  indictment for sell by measure unseal move to quash it for that it be  uncertain that he sell to several of the king c several merchandise by several  measure unlawful and unseal style Pratt chief justice if it be ever so have as  it be a matter in its own nature a fraud and a cheat you may demurrer we shall  not quash it on motion though it be not so much as say forbidden nor any fraud  allege
case the king against giles a return of rescue out of the hand of bailiff be  good motion to quash a rescous return against Giles because say to be ex  custodian ballivorum whereas it shall be ex custodian viscount for the custody  of bailiff be the custody of sheriff per curium both way be good and so it  have be frequent adjudge
case the king against GLUFF where a statute prescribe that a thing shall be by  bill plaint or information it can be by indictment indictment before  commissioner of oyer and terminer at the old Bailey and remove on certiorari  the indictment be on the Phil mary c for sell haberdasher ware contrary to the  statute on pain of forfeiture one moiety to the king the other to he that will  sue for the same in any of the king court of record by bill plaint information  or otherwise Northey move to quash it on the authority of Gregory case a and  the case of Farrington v Keymer b because the general word of the king court  of record extend only to those of Westminster per curian it be true the  justice of peace can hereby have jurisdiction but it have be rule since  Gregory case that justice of oyer and terminer may by way of indictment modern  report but not by way of information and therefore in that respect it be well  enough but here the statute have prescribe a particular way for the recovery  of the forfeiture videlicet by action of debt information c without say  anything of indictment and therefore it be a question whether this be  indictable or no for which reason let it be quash nisi a
case the king against GRANFIELD to say the mayor and alderman of h be a pack  of as great rogue as any that rob on the highway be not indictable S c Mod  Granfield be find guilty at the session of Hertford on a indictment for say  the mayor and alderman of Hertford be a pack of as great villain as any that  rob on the highway and have slip the time of move in arrest of judgement they  move to submit to a small fine a per curium we be not satisfy that the word be  such as he may be indict for for what be it to the government that the mayor c  be a pack of rogue b so they fine they sixpence apiece
case the king against green a indictment on Elizabeth c must aver that the  defendant do not use the trade at the time of the Act SC Trem indictment for  use the trade of a baker not have serve seven year apprenticeship contrary to  Elizabeth c and do not say that he do not use the trade at the time of make  the Act and it be quash but agree and declare by all the court that this  exception shower KB shall never be allow for the future and now they will  intend that no man do use that trade at that time
case the king against GREENVELT where a crime be pardon all the effect and  consequence thereof be also discharge S c ld ray motion to discharge dr  Greenvelt commit by the censor of the college of physician pro mala praxi in  the year chief because this offence be pardon by two general act of pardon  since the counsel for the college insist that though a general pardon pardon  all public offence yet it do not release any private right that this penalty  pro mala praxi be not only a public infliction but also a satisfaction in part  to the party but suppose it be only a public punishment the king have grant  the fine to the college he can not by the pardon destroy his own grant and  therefore that these fine remain notwithstanding but per curian seriatim the  penalty pro mala praxi be only a satisfaction to the public justice and not to  the party who have his action on the case and that whenever a crime be pardon  all the effect and consequence thereof be discharge a that when a Act of  parliament appoint a fine for a public offence such fine of common right  belong to the king unless they be otherwise particular dispose that the king  by grant away his fine do not extinguish his power of pardon for that will be  a extinguishment of his prerogative by implication and the power of pardon be  inseparable annex to the crown and not grantable over the king therefore  pardon this offence before the fine actual impose whereby a interest will have  vest in the grantee the offence be thereby go and thereby the penalty depend  thereon discharge the prisoner be discharge
case the king against Greenway a gaoler must obey a habeas corpus although the  prisoner refuse to pay his fee resolve by the court that upon a habeas corpus  the gaoler be bind to bring the body although he have not his charge tender he  but he may move the court and they will rule that he shall have his charge  first and this be rule in the case of the defendant who be steward of a manor  court in Cornwall who be bring hither on a attachment for make such a return  to a habeas corpus videlicet that he be not pay or tender his charge a the  inquisition find Bridget Dennis to be a idiot not have any lucid interval per  interval eight a year and on its be plead by Frasier to a action of trespass  bring by Prodger in the court of king bench in easter term car the court hold  the inquisition to be good for that the find her to be a idiot be sufficient  without the addition of any other word and therefore per interval eight a year  may be reject as surplusage Mod b the court of chancery conceive that a grant  of the custody of a idiot to a man his executor administrator and assign to be  have SC vern but direct Prodger to bring a action of ejectment in the court of  king bench to try the validity of the patent grant to sir Alexander Frasier SC  vern and the court be of opinion that the grant be good and that the interest  therein pass to the executor of the grantee SC Mod see the argument SC skin c  see Francis case more the case of Shelden v fortescue Peer wms Rochfort v earl  of Ely brown parliament case knipe v palmer will shower KB er p
case the king against gribble bastardy order of bastardy it be not say that  the child be Chargeable nor that any complaint be make by the parish per  curian there be no occasion so to say for nobody be to keep a bastardchild but  the repute father
case the king against grove defendant in barratry must have a note of  particular Mod Mod side hawk p c ch S Bac Abr ld ray per curian in a  indictment for barratry the defendant must have a note of the particular that  he may know how they intend to charge he otherwise they will not proceed to  trial
case the king against gully a order for maintenance of a poor relation must  state that the party be unable to work S c Sett Rem S c Sess case a order of  session order the father to pay so much a week towards the maintenance of his  daughter be quash because it be not set forth in the order that she be unable  to work without which the justice have no jurisdiction but modern report by  unable to work the Act mean a person not able by work to get his own live and  not a person that be able to get nothing at all a see king v Hyworth stram a  modern report er p another exception be take to the order and that be that  this allowance be to be pay until further order whereas it shall have be as  long as the father continue able to allow and the daughter poor and unable to  work but this exception be overrule
case the king against haggard certiorari to remove a indictment out of  Westmorland for use a trade not be a apprentice indictment at Kirby in  Westmorland on the Elizabeth for use a trade not have be apprentice thereto  seven year and a certiorari be pray but the court doubt whether to grant it  because the statute be that it must be try in the proper county so that if it  be remove hither it must be send down a Litt Rep cro Jones b cro James Bulst a  see Burman v shepherd ante Pawlett v Heatfield ante Lawley v dibble post  Farrells case post but as to the origin of this practice and in what case it  be at present allow see Tidds practice to and the case there cite modern  report er p again by procedendo and not file here so as to be quash but there  have be several such certiorar grant they grant one in this case and afterward  grant another in a like case in Trinity term follow in the case of one wood of  Norfolk
case the king against halford the court will not grant a information against a  mayor for neglect to hold a session unless the neglect be wilful and corrupt  upon show cause why a information shall not go against the defendant late  mayor of the borough of Evesham for not hold the borough session and court of  record for the borough weekly accord to the direction of the charter Lord  Hardwicke chief justice say he can never consent to grant such information  unless it appear that such neglect be wilful commit in delay of justice and  oppression of the subject modern see accord king v young and peel burr king v  Cox burr king v palmer burr king v Jackson term Rep king v holland term Rep  and hawk p c that edit ch S a and that a contrary practice will subject almost  all the mayor or other chief officer of corporation through all the kingdom to  such a punishment who it be well know do not nor indeed be there any occasion  to hold court as often as by their charter they be empower to do Hawkins  sergeant on the other side insist that though it do not appear in this case  that there be any particular person who suffer by the mayor neglect of hold  court and that may be a very proper defence against any action yet this be a  public office any neglect therein though not attend with any special damage be  punishable criminal and be urge the common distinction that private office  such as parkkeeper c be not forfeitable unless some injury be sustain but that  in public office it be otherwise Lord Hardwicke chief justice and page justice  say that be not law and that it be so determine in sergeant whitaker case SC  under the title of Reg v bailiff of Ipswich salk b that a forfeiture of a  public office can not be incur without some special damage sustain any more  than of a private one
case the king against Hammond a indictment for a nuisance in common stratum  sive southsouthwest wind way regius be good S c stram roll Abr S c cite and  this case have former be argue a the indictment charge that on such a day year  and place the defendant ten load of straw and dung in common stratum sive  southsouthwest wind regius way to put down et to place et ibidem per ten die  to stay behind to let pass so that the king subject can not pass and on  demurrer it be object that the nuisance be lie to be in one place or another  and be in the disjunctive the court can not intend common stratum and  southsouthwest wind regius way to be the same S c stram a and now Parker chief  justice give the resolution of the court the objection take to this indictment  be two first that the place where the nuisance be lie to be commit be  uncertain allege for it be say to be in common stratum sive southsouthwest  wind regius way to this the answer be that the word common stratum and regius  way be synonymous expression and signify the same thing the proper  signification of the word stratum signify a pave way but now the word be use  in a more general sense and for this purpose several authority both ancient  and modern be quote a navigable river be esteem a highway b Fitzherbert Abr  challenge b modern report the second objection be that it be not set forth  from what place to what place the highway lead in which the nuisance be say to  be commit the answer to this be infinite c king v Thompson will c and have no  terminus a quo nor terminus ad who d latch keb d the indictment be hold good
case the king against harnan a certiorari lie to remove a appointment of  overseer before appeal the question be whether a certiorari shall be grant to  remove order of justice before a appeal to their session modern lee chief  justice No doubt but a certiorari lie from this court to remove modern er p  order of justice notwithstanding the statute give a appeal to the session  which privilege of appeal do not take away the jurisdiction of the court in  this point the question then be whether this court have make any rule to make  it irregular to grant a certiorari before a appeal first make and determine  that rule in salk relate only to case where a certain time of appeal be fix  but suppose this rule be general it may be dispense with for the benefit of  the party who have the privilege of appeal as this case be though thousand of  order of appointment have be remove here before any appeal yet I do not deny  but there be a appeal give by the statute but be for who benefit it be may  waive it after appeal indeed the court will not remove order by certiorari  till the judgement of the session have be give thereon the rule to supersede  the certiorari must be discharge
case the king against HARNISSE on a indictment of forcible entry if the force  be find restitution shall be make immediate S c Carth S c salk S c salk S c  holt S c ld ray S c comy S c Mod the case here be this upon a way layman to  move back a parson bad forcible seize the church and upon inquisition the  force be find but the justice of the peace do not present restore the  possession as he ought to have do but have a record of it make up and defer  the delivery of the possession for two or three year and now all this matter  appear to the court it be remove before they by certiorari they be of opinion  that this proceed be very irregular and that restitution ought to be award  modern holt chief justice I ground my opinion upon the authority in dr Bonhams  case   a which say that the commitment must be immediate so upon the statute  of Henry c of forcible entry when the force be find by the inquisition  restitution must be make immediate the reason of one case be the same with the  other Rokeby justice where a inquisition be take it be suppose there be a  quick remedy and therefore we think it be not in the power of the justice of  the peace to defer restitution so long the Act require it to be do forthwith  and so be the authority express in the Iatter end of dr Bonhams case it must  be restore upon view per totan curian let restitution be award
case the king against harris cottage not to be suppress by indictment a order  of session for suppress a cottage upon Elizabeth c a be quash for that cottage  be not to be suppress by indictment
case the king against Harrison and duke judgement for a corporal punishment  not to be give in the absence of the party S c ld ray S c skin S c comb S c  holt S c salk the defendant be convict and outlaw on a information of perjury  and the exigent file it be move that the court will pronounce judgement on the  defendant see the prosecutor can go no further but the court say they never  know any judgement give for a corporal punishment even in the case of a  outlawry in the absence of the party when a man be outlaw for felony there be  never any award of execution against he until he be bring to the bar and since  in this case a corporal punishment will be part of the sentence they can not  do it and upon search sir same Ashtree can find no such precedent
case the king against Harrison information in nature of a quo warranto against  a steward of a leet for impaneling a jury not duly summon a information in  nature of a quo warranto be move for against the steward of a courtleet and  against the bailiff and the constable for impaneling a jury not duly summon  the bailiff be the proper officer to summon they who shall be all freeholder  for they only have a right to be juryman but there be none summon and six  other person who have no right be present in court be swear of the jury and  six freeholder be likewise in court refuse to be swear because they be not  summon neither will they serve with those who have no right to be of the jury  whereupon the steward swear six more and the jury thus constitute by the  steward of twelve person who have no right to be juryman choose the bailiff  and constable a rule be make for the defendant to show cause why a information  shall not go against he he show for cause that the six freeholder who appear  in court be duly summon but that they refuse to be swear of the jury whereupon  the steward swear a jury out of such person who be present in court which he  insist be a good election which jury choose the two constable and one bailiff  of the manor and that this be the constant course of choose such officer and  that it will be dangerous to make a precedent of try the right of chase such  man by a quo warranto the court here be no room for any complaint against the  constable or the bailiff but if any it be against the steward and therefore a  rule be make for the steward to attend and to show cause why a attachment  shall not go and the rule for the rest be in the mean time enlarge modern  report er p
case the king against Harwood non to be dainties be no good return to a  mandamus to swear a churchwarden see ante contra S c ld ray a mandamus be  direct to the defendant dr Harwood as official to the archdeacon of l to swear  t S churchwarden of the parish of h who return that t S non to be dainties  issue be take thereon and a verdict for the king modern report er p chapel  sergeant move in arrest of judgement because the return of non dainties be a  bad return the archdeacon be no judge of the election the king v Simpson a  ante a king v archdeacon of Cardigan b will b the queen v guy c Mod c the  court the return be a void return the writ of mandamus command the defendant  to swear the churchwarden or to return cause why he can swear he now he may  return some cause as a incapacity for that he be judge of but he can deny the  election for that he be no judge of the archdeacon be only a ministerial  officer and therefore bind to swear he the swear be only matter of form  because a churchwarden may act before he be swear the office of a churchwarden  be a temporal office d king v white ld ray d and the court make a rule for a  peremptory mandamus nisi c e this rule be make against the inclination of  Raymond chief justice and Reynolds justice and be afterward discharge and the  court not be unanimous the case be put into the paper to be argue again but it  be never stir again Lord Raymond however add there can be no doubt but such a  return be good S c ld ray and it be say in the argument of the case of king v  ware that it be determine to be a good return strange and see king v Simpson  ante king v lime king dougl to e trinity term the twelve of George the first  in the king bench sir Robert Raymond Knt chief justice sir Littleton powis Knt  sir John fortescue aland Knt James Reynolds Esq justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general
case the king against hay the word ad to seek after pro corpore comitatus be  not necessary in a particular inquisition forceable entry and disseizing a of  a tenement adtunc et thus far book property be repugnant indictment for a  forceable entry and disseizing of I S of a certain tenement adtunc et thus far  book property Self I S exception take because not say in mention of the juror  to be charge ad c pro corpore comitatus and hold it need not in a particular  inquisition then urge to be repugnant for it can not be his freehold after a  seize for then the seize be seize and no precipe can be bring against the  disseizee Allen pacific to go into et way et arms disseizivit hold void and  repugnant hold per curian ill b it be not say in any of the report of this  case what judgement be give except SC post order to stay but SC Mod SC holt SC  Mod agree with this report that the defendant may traverse and in king v  justice of Wiltshire Trin Geo the court grant a mandamus command the justice  to receive a general traverse to a presentment make by a justice of the peace  upon view that a highway be out of repair burr see also hawk p c ch king v  Weston Penyard burr king v great Broughton burr Cowp term Rep and the statute  Geo c S shower KB er p
case the king against hays the session may make a original order for the  discharge of a apprentice a order of session be make for the discharge a  apprentice from his master upon the statute of Elizabeth c and two exception  take to it first that the first proceed be at the quarter session whereas it  ought to have begin by complaint to two justice and for this the case of  Hawksworth v Hillary a be cite to which be oppose vent second exception that  it appear the master be not present b holt chief justice be there strong  against the order upon modern report the first exception for that they ought  to have follow the method set they by the statute for the legislature think  convenient that endeavour of justice of peace shall be first use and if the  party of who complaint be have not comply with the justice proposal then that  he shall give a bind to appear at session and that be as it be by appeal but  if the party have promise to obey the justice of peace order but afterward  will not stand to they the only way be to complain de to make new c and the  justice to attach he and bind he to the session but note in Trinity term in  the case of the king v Johnson c and the king v Fenwick d it be unanimous  resolve the order make at session at the first step be good and holt chief  justice say he be bring to that resolution rather from the necessity of the  thing the practice be all so than any reason he see for it e
case the king against hemings and other on a indictment for a riot and a  assault the defendant may be find guilty of the assault and acquit of the riot  indictment for a riot and assault on lady Mohun the jury find they not guilty  of the riot but guilty of the trespass and assault Mr sander move in arrest of  judgement for that it be one entire offence and the jury can not sever it but  overrule and allow good for so it have be often judge although if a man be  indict of felony he can be find guilty of trespass because they differ toto  noble birth but riot and assault be as near of kin as murder and manslaughter
case the king against HETHERSAL defect of form in coroner inquisition be  amendable post I side the court will grant a melius to seek after for  misbehaviour in the jury or coroner post vent Jones Carth lev salk stram hawk  p c hawk p c Bac Abr Mod year of the king must be in coroner inquisition stram  the defendant be felon de see and the coroner inquest find he a lunatic Mr  Jones now move for a melius to seek after but it be deny because there be no  defect in the inquisition but the court tell he that if he can produce a  affidavit that the jury do not go accord to their evidence or of any indirect  proceed of the coroner then they will grant it but it be afterward quash  because they have omit the year of the king
case the king against hicks information for use a trade not be seven ear  apprentice thereto must be bring in the proper county S c salk S c Mod S c  salk information on Elizabeth c for not be a apprentice for seven year bring  in the court of king bench though the trade be use in Yorkshire per curian it  do not lie though it be object that it be not bring by a common informer and  where debt be bring upon a penal statute hale hold it maintainable a for the  statute of James c not only enact that all offence against a penal statute for  which a informer may ground any action bill c before justice of assize c shall  be sue before justice of assize c of the county where such offence modern  report be commit but also that all information c sue at Westminster for such  offence shall be void dolben justice it be adjudge by hale that debt do not  lie though it be doubt by he holt chief justice it be adjudge in the  exchequerchamber that debt do not lie in westminsterhall upon a penal statute  for a offence in another county in a case where he be of counsel b
case the king against hide a nolle attendance shall be grant on a information  after two assize and two notice of trial hold by the court that after two  assize and two notice of trial in a information and no proceed that upon the  defendant motion there shall be a non pro as be do in this case shower KB  michaelmas term the thirtyfirst of Charles the second in the king bench sir  William Scroggs Knt chief justice sir Thomas Jones Knt sir William dolben Knt  sir Francis Pemberton Knt justice sir Creswell levinz Knt attorney general sir  Francis winnington Knt solicitor general
case the king against HIGGISON a indictment for maintenance conclude con for  slat general can be try under a mittimus describe it as on a particular  statute S c ld ray indictment for maintenance conclude contra form stat  general the mittimus whereby the record be send to be try in the county  palatine of Chester be to try a indictment for maintenance contra form to  cause to stand of Henry c and maintenance be make penal by the statute of  articuli super Chartas and the Richard c it be hold that the matter be not  duly try their power by the mittimus be confine to maintenance by the statute  of Henry c and the indictment be at large per totan curian a Qure yet see bull  n p W Jones Culley v spearman h Bl Rep modern report er p
case the king against hill outlawry for recusancy may be reverse for want of  form S c salk shower though the statute of recusancy James c S say that a  outlawry for recusancy shall not be reverse for want of form yet in sergeant  Trinders wife be case will mary a you adjudge in this court that it shall that  the statute may be make sense a indictment or information for recusancy shall  not be quash for form but on traverse of the fact and bail give the outlawry  shall be reverse for form quod curian to go away
case the king against hinton and brown a indictment for subornation of perjury  must state what the perjury be and show by set forth the oath that it be  actual commit roll Abr Yelv cro James cro car Mod Mod fitzg stram ld ray ld  ray hawk p c Bac Abr a indictment be bring against the defendant set forth  that a conventicle be hold at a certain place and that they move persuade and  suborn a certain modern er p person to swear that several man be then present  who real be at that time at another place they be find guilty and a writ of  error be bring to reverse the judgement the error assign be that the  indictment do not set forth that any oath be make so that it can not be  subornation there be a difference between persuade a man to swear false and  subornation itself for a indictment for subornation always conclude contra  form to cause to stand curian it be not enough to say that a man suborn  another to commit a perjury but he must show what perjury it be which can be  without a oath for a indictment can be frame for such a offence unless it  appear that the thing be false which he be persuade to swear the question  therefore be if the person have swear what the defendant have persuade he to  do whether that have be perjury there be a difference when a man swear a thing  which be true in fact and yet he do not know it to be so and to swear a thing  to be true which be real false the first be perjury before God and the other  be a offence of which the law take notice but the indictment be quash because  the word per sacrament dvodecim estimable et of man be leave out they hold  that if the return have be right upon the file the record shall be amend by it
case the king against holms a indictment for a forcible entry into a passage  be bad or into a message of which he be possess for a certain term without say  of year S C keb Mod Mod Mod ld ray hawk p c salk salk move to quash a  indictment of forcible entry into a message passage or way for that a passage  or way be no land nor tenement but a easement and then it be not certain  whether it be a passage over land or water Yelv the word passagium be take for  a passage over water Twisden justice you need not labour about that of the  passage we shall quash it as to that but what say you to the message Jones it  be nought in the whole for it be but by way of recital with a qubd cam he be  possess c et such possessionatus c but that Twisden justice say be well enough  Jones then he say that he be possess de in terrain and do not say a year  Twisden justice that be nought the indictment be quash
case the king against Hoskins a indictment for a rescous need not allege the  nonconsent of the plaintiff exception be take to a indictment for a rescous  the first exception be because it be say that it be without consent of the  sheriff but it may be by consent of the bailiff or the plaintiff say non  allocatur a the second exception because the arrest be not lie to be before  return of writ which be allow good holt chief justice upon this occasion say  that a common fine for a rescous be four noble gold justice say that in the  common plea they will have the original action try in a feign issue before  they will let the action for rescous go on
case the king against ivies a indictment will not lie on Edward c for keep a  alehouse without licence SC Trem indictment for keep a alehouse without  licence contra form to cause to stand remove hither by certiorari Mr pollexfen  move to quash it as a offence not indictable the statute of Edward c give the  justice power to commit on nonpayment of c at commonlaw no licence be  necessary and so hold by all the judge a vide hut Rep Rep castle be case cro  king v baker mich car information for wagon Plowd and quash
case the king against james in perjury the capias warrant and affidavit be  good evidence that a cause be depend information for perjury in a affidavit in  the common plea make before the commissioner in the country in a certain cause  depend there the defendant be try before eyres justice and convict and several  exception arise upon the evidence he stop the postea till the opinion of the  court be have upon motion first the proof of a cause depend be only a capias  and warrant thereon and affidavit file and allow second I urge another  exception that there be no proof that the party before who the affidavit be  swear be a commissioner and hold that it need not unless you disprove it on  the other side three that the proof be only by copy of a affidavit and no  proof that it be the defendant I urge that this be a dangerous practice any  man may be represent a false oath may be swear by another man in my name and  per curian the affidavit be of the defendant in the cause and use by he upon  motion in court it be enough otherwise if not so but a copy of a affidavit  only produce against a man without proof that he make it use it or be concern  in the cause that will be insufficient judgement for the king
case the king against jenkins order of bastardy fazakerly move to quash a  order of bastardy first exception it do not appear in any part of the order  that they be justice or that one be of the quorum it be only set forth in the  title which be not the word of the justice second exception it do not appear  that the child be bear or be in the county it be in the title of the order  that the parishchurch be in the county three exception they have order  security Pratt chief justice the order must be confirm for the title be the  word of the justice but as to the security it must be quash
case the king against JERISON and the inhabitant OF chesterfield boy put out  to learn to shave there be no covenant with he gain no settlement S c salk S c  skin S c Mod S c Carth S c comb call see all the case on this subject collect  in the d vol of Consts poor law a boy be put out to a barber for a year to  learn to shave and to make bobperiwigs accord to covenant between the barber  and sir Paul Jenkinson the boy master to which covenant the boy be no party  and it be adjudge this make no settlement because it be no service he be no  more than a boarder there for his education which shall not make a settlement
case the king against John death in the exchequer Trinity term James roll  forfeiture Savil lane light Rep   Com dig it be find by inquisition that one  York have recover five hundred pound in a action on the case for word against  John Allen a afterward John Allen and Edward Allen purchase land in fee and  alien it to John death York be outlaw and so his debt become forfeit to the  king the question be whether the king shall have execution of the moiety of  the moiety of John Allen or the entire moiety?And it be resolve that he shall  have the entire moiety although York shall have have but the moiety of the  moiety but the debt come to the king he shall by his prerogative have  execution of the entire moiety and it be adjudge accord
case the king against johnson it be no objection to a information for a libel  to say inter alian although the whole libel be recite SC Com SC saint Tr the  defendant who be the author of Julian the apostate be now again convict on a  trial at the bar for publish another seditious libel entitle a address to the  Army take several exception thereto as first that the information be inter  alian and the whole be recite except Finis but that be overrule and the jury  have now find it so and if any advantage can be take upon that it must be upon  the trial second he except that there be no averment that there be a army in  England but that be overrule likewise and his behaviour be very insolent he be  sentence to the pillory three day and to be whip from Newgate to Tyburn and  because the punishment be think infamous a therefore direction be give for  care to be take that he shall be degrade before he suffer that punishment and  accord the record and Mr Johnson both be bring before the right reverend  father in God the Lord bishop of Durham the Lord bishop of Rochester and the  Lord bishop of Peterborough commissioner appoint by his majesty to exercise  all manner of ecclesiastical jurisdiction within the diocese of London during  the suspension of the Lord bishop of London who with several of the most  eminent divine of the city meet in the chapterhouse of saint Paul where the  say Mr Johnson accord to the ecclesiastical law in a full court receive  sentence of degradation and be degrade and divest accord and deliver over as a  mere lie person into the hand of the secular officer to undergo the punishment  abovementioned
case the king against Jonson a session may make original order to discharge  apprentice S c salk S c salk S c holt the justice of peace at the session  without any previous application to the justice of peace or magistrate of the  corporation make a order for discharge a apprentice from his master and  likewise that the master shall refund some of the money that he have receive  with the apprentice and the great debate be whether this order be make at the  session without any application to a justice of peace c be not void and in  person non judge for it be say the session have no jurisdiction of the matter  but when it come before they by way of appeal and holt chief justice after  great consideration say that if it be a new thing he will be of opinion that  the justice at session ought not to meddle with it at the first instance but  since there have be so many order make so by they and that the usage have so  prevail he will not alter it now and as to the restore the money he say the a  order be very good in that point for the word of the statute be that they  shall do what in equity they shall think proper and the order be affirm per  curium
case the king against keat bail not allow in manslaughter till clergy have S c  Mod S c salk S c comb S c skin S c holt S c salk the court refuse to bail he  he be find guilty of manslaughter for that they can not bail he until clergy  have accord to buckler case a
case the king against keat indictment for murder he not have first strike  without say anything of a S c comb S c weapon draw ill S c salk skin S c holt  S c Mod S c ld ray we have consider of the fact and the whole record and as to  the indictment on the statute of stab that be apparent vicious for the  indictment be that be draw his sword and stab James well he not have first  strike without say anything of a weapon draw and conclude contra form to cause  to stand for which reason let it be quash then as to the indictment of murder  at commonlaw it be nonsense in the beginning for it say that the say I king  make a assault on James well and the say I keat prfat jacobum well with a  certain sword of the value of five shilling which he the say I king in his  right hand have and hold r fat jacobum well to prick et percussi wherein there  be a prfat jacobum well too much and so be nonsense a see Elizabeth Smallridge  case cro James William de Walter case   light a Ellen Allotts case   Herbert v  Vaughan latch Harvey of coombs case Mod king v Rudd Cowp b king v bell and his  wife andr a see butter v Heathby burr that a custom that notice shall be give  to the owner of the tithe of the set they out be a good custom modern report  er p then there be another thing which be very odd though it may not be error  because it may possible be a sufficient description the indictment say he give  he a mortal will latitude One thumb and depth in et per corpus let it be quash  and he be bail to appear at the next general gaoldelivery for the county of  wilts modern report easter term the nine of William the three in the king  bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton  Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John  hawles Esq solicitor general
case the king against keller a indictment lie against a master for immoderate  beat his apprentice information against the defendant for immoderate beat one  Brothwaite who be his apprentice by indenture sander chief justice on the  trial before he at guildhall hold that the justice of the peace may by the  Elizabeth c discharge a apprentice from his master and e contra and say that  it be so resolve by Lord hale and that the information lie and the defendant  be convict a it be not necessary that a testator shall sign his will in the  presence of the witness it be sufficient if he acknowledge the name to be his  Stonehouse v Evelyn Peer wms Grayson v Atkinson vezey dorm v thurland Peer wms  Peat v Ougley corny Rep vo edit and this acknowledgement of the sign may be  make to the witness separate and at different time for although they must all  see the testator sign or hear he acknowledge the signature yet it need not be  in the presence of each other cook v parson Prec Chan Jones v lake atk bind v  fuel burr b as to what shall be consider as a sign in the presence of the  testator see Longford v Eyre Peer wms shire v Glasscock salk Nicholas v smith  salk casson v dade brown Chan case Eccleston v pally Carth Broderick v  Broderick Peer wms c see the case of Hande v James that the question whether  the sign be in the presence of the testator or not be a fact for the  consideration of the jury under all the circumstance of the case comy Rep Eq  case Abr and the same point be determine in cross v paulet stram shower KB er  p
case the king against kirk the court may bail in murder but very seldom do S c  ante S c Mod S c holt Kirk be bring up by rule in hope of be bail his trial  have be put off as before a and latch and I Bulst Egerton and Farrington be  quote but the court remember coke say in Bulstrode that they have power to  bail one in case of murder but he will not exert it without special command  from the king and that hale use to say it rare or never ought to be do so he  be remand there be two indictment of murder against he
case the king against KITCHNER indictment for entice away a apprentice  indictment for cause a apprentice to absent himself from his master and keep  and detain he in that absence it be move to quash it because it be not a thing  of a public nature be no other than a action on the case but the court say it  be a great offence and will not quash it but leave the party to demurrer if he  will
case the king against knoll S c post S c salk S c salk S c salk S c comb S c  Carth S c skin S c Trem S c ld ray S c saint Tr indictment against Ch knoll  Esq for murder misnomer plead and pray to amend something in the plea a a writ  of error in parliament be bring and the judgement affirm show c p modern  report er p holt chief justice you can amend for it be in parchment and so a  record but when in paper it be only a warrant to make a record by Eyre and  dolben justice No difference between be in parchment and paper and therefore  amend
case the king against lambert every subornation of perjury be a distinct  offence motion be make last term for fill a information against Lambert for  subornation of perjury on a affidavit of his have suborn two person but the  rule be draw up general and a information be file for suborn those two and ten  other it be move that this information be not duly file because the addition  of ten more be ten more information and the court declare that no information  shall have be file but as to those person mention in the affidavit every  modern report subornation be a distinct offence and the Act for information do  not direct a affidavit yet the court be trust with it and the parliament  repose in they they ought to do it on good ground then it be move that the  information be ill as to those person because the statute require a  recognizance to be enter into to the party which they have not do to which  also the court agree but a doubt arise what shall be do with this information  which be now file holt chief justice say it can not be quash or take off of  the file for when once a thing be on the file it can be take off without a Act  of parliament no not by consent of party as in the case of dr Widdrington on a  mandamus a a see the plead in lily entry under the same title as this case a  sand a keb lev side ray see also post Hilary term will king v sir Hugh Everard  modern report er p the college make a very scandalous return and which he and  the college agree and then they move to take the return off the file but the  court refuse it say it can not be do without a Act of parliament only they  order a vacat to be enter thereupon that in this case the method may be to  enter the irregularity on the roll with a be remiss processus superinde say  curian advisare vult
case the king against lambert return to a mandamus non to be debit dainties  good S c Carth a mandamus be award to restore dr Lambert to the office of  archdeacon of Salisbury and return quid non to be debit dainties and argue to  be have because a modern report negative pregnant but it ought to be non to be  dainties ut to say side but per curian good for the writ recite although to be  debit dainties and the return be a direct answer and so hold at the end of the  case report by siderfin modern report er p
case the king against lammas while law proceed be in Latin the return of a  conviction on a penal statute though in English be good S c salk S c comb comb  in a information on a penal statute it be sufficient to say that the defendant  be convict of the say offence c S c skin Northey move to quash a indictment  for sell low wine in a cellar without give notice to the exciseman against the  statute of will mary because it be return in English and ought to be in Latin  holt chief justice I can tell that no writ of error lie on it the remedy be by  appeal you may as well take this exception to a order for keep a bastard child  though indeed all conviction for deerstealing be in Latin Northey then the  conviction be not accord to the indictment and the statute because they do not  find that he be a common distiller as the word of the statute be for if  another person distil wine a man may sell they in a private cellar without  offend the statute modern curian they convict he of the offence aforesaid  which must be as he be a common distiller
case the king against LASHMERE the session can discharge a constable and  appoint another except on the neglect of the leet Chesshyre sergeant move to  quash a order of session for Sussex for discharge pike choose constable of  Bramber and appoint the defendant by the custom of Bramber the old constable  name one and the jury another and the steward choose one of they who so choose  pike and the session discharge he because not resident the session have no  jurisdiction unless the leet neglect or the constable deny by car by the  commonlaw the leet have jurisdiction if he have reason to object because not  resident it be proper at the leet the session not have jurisdiction the order  be void be there never so good a reason Eyre justice the session have no  jurisdiction a see the case of the constable of Limington stram king v Hodson  Mod king v gouge stram a fortescue justice king v white b salk b be that  justice may turn out a constable but not elect one there may be a great  inconvenience since leet be hold but twice ayear if justice can remove they  Eyre justice the session have no jurisdiction by the Act of parliament except  on default of the leet modern report Pratt chief justice if the appointment of  one who be not resident be void it be of course no appointment Eyre justice  that be a question for then the jurisdiction devolve to the session Pratt  chief justice if the leet appoint a constable who life a hundred mile off and  the session can appoint another the town be without a constable which be a  inconvenience we will prevent if possible modern report hilary term the ten of  George the first in the king bench sir John Pratt Knt chief justice sir  Littleton powys Knt sir John fortescue aland Knt sir Robert Raymond Knt  justice sir Philip York Knt attorneygeneral sir clement Wearg Knt solicitor  general
case the king against laurence information for write a letter a information be  file against he for write a letter to sir John Pigot desire he to moderate his  zeal for that the king meaning king James the second will be soon restore and  that for further satisfaction herein he will soon hear that many lord will  repair to he to France what to do he may guess and be find guilty he be fine  twenty mark and commit till payment
case the king against lee word speak of a justice of peace leave be move for  to have a information file against he for these word speak of a justice of  peace he be a old rogue for send his warrant for I a see whether c S and the  case of Martin v ford to Rep b but see hawk p c that edit ch S a in smith case  in Trinity term queen whether it be so adjudge in a writ of error on a  indictment upon the statute of usury against the lender note to the former  edition and see upon this subject king v wright burr king v Robinson burr king  v Boyall burr king v Davis sayer Hartley v Hooker Cowp king v balm Cowp eat  who tam v knight term Rep king v Harris term Rep king v sainsbury term Rep  hawk p c ch S page notorious facts king v Marriot show notorious facts S c Mod  modern report er p holt chief justice he deserve to be bind to his good  behaviour though it be not proper for that justice to do it but rather to get  one of his brother to do it for he and leave be deny the court desire they to  go by way of indictment if they will
case the king against LEGINHAM easter term car roll neither a information nor  indictment will lie for take a excessive distress the remedy be by action on  the statute of marlbridge a indictment charge a man to be common oppressor be  too general S C post S C lev S C ray S C vent S C keb S C Freem Inst Mod Mod  side salk fitzg hawk p c l a information be exhibit against he for take  unreasonable distress of several of his tenant Jones move in arrest of  judgement first that a information will not lie for such cause the statute of  marlbridge c say that if the lord take a unreasonable distress he shall be  amerce so that a information will not lie and my Lord coke upon great Charta  say the party grieve may have his action upon the statute second but admit  that a information will lie yet it ought to have be more particular and to  have name the tenant for it be not sufficient to say in general that he take  unreasonable distress of several of his tenant three the second part of the  information videlicet that he be common oppressor be not sufficient roll more  Twisden justice it have so be adjudge that to lie in a information that a man  be common oppressor be not good a lev keb show strange and see hawk p c and  the case there cite a and a lord can be indict for a excessive distress for it  be a private matter and the party ought to bring his action to stay
case the king against leonard person commit by rule of court can petition  under the habeas corpus Act to be bail S c stram the habeas corpus Act direct  that if a person commit for high treason or felony express in the warrant of  his commitment shall make his prayer and petition in open court the first week  of the term or day of the session to be bring to his trial and shall not be  indict in the next term or session after such commitment he shall be bail c  now it be doubt whether person commit by rule of court be entitle to the  benefit of this Act and it be resolve by two judge videlicet Eyre and  fortescue absent powys to differ Pratt chief justice that none be entitle to  make their prayer but such as be commit by a warrant of a justice of peace or  secretary of state and not those commit by rule of court for that be not in  the meaning of the Act of parliament a commitment by warrant a the defendant  be commit in Trinity vacation by a warrant from the secretary of state for  high treason and lie in prison until the last day of Michaelmas term when he  be bring into the court of king bench charge with a indictment and recommit by  rule of court during the first week of Hilary term he apply to enter his  prayer upon the habeas corpus Act but it be refuse S c stram a modern report  easter term the five of George the first in the king bench sir John Pratt Knt  chief justice sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue  aland Knt justice Nicholas Lechmere Esq attorneygeneral sir William Thompson  Knt solicitor general
case the king against lever a stranger to the record can have restitution on  judgement reverse as error without a to know facias SC lev SC keb SC salk SC  comb SC skin SC Trem judgement on indictment of barratry error and reversal  hold per curian on motion that no writ of restitution lie to a stranger to the  record and by holt chief justice if it do it must be by to know facias and so  be it in the case of vesey v Harris cro car
case the king against lewellin a conviction on Henry c must pursue the word of  the statute Mod see the case of Avery v Hoole Cowp king v hunt dougl notorious  facts and boscawen treatise on conviction page conviction for a gun contrary  to Henry c the conviction be for have a gun in his house the statute be use to  keep in his or her house and perhaps it may be lend he the word of the statute  ought to be pursue conviction quash
case the king against lewis indictment want in come not amend a indictment  want the word in come and upon motion the court will not amend it but by upon  a information note it be matter of substance
case the king against litten conviction on Henry c for keep a gun conviction  by justice of Gloucestershire on the statute Henry c S for go with a bandgun  not be qualify exception that he be not take upon the view and so bring before  the justice for without that the justice have no authority to proceed in that  summary way now here this conviction be a month after Adjornatur a the court  hold the replication have because the continuances be not set forth SC salk  but they give the plaintiff leave to discontinue SC Carth that the  continuances must be duly show see Bl Rep burr Tidds practice b it be  determine that a attachment of privilege be not a continuance of a bill of  Middlesex so as to avoid the statute of limitation smith v bower term Rep a it  be say SC Carth that the plea be hold ill because he do not say that he give  the ware in full satisfaction shower KB er p
case the king against lord russel want of freehold be no cause of challenge on  a trial for treason the defendant be try at the old Bailey for high treason  and upon his trial he challenge a juror in London for not have a freehold a  keb a see Crogates case that when a defendant in his own right or as servant  to another claim any interest in the land or in any common or rend issue out  of the land or any way or passage on the land in question the replication of  de in an unjust manner his not common with others general be bad   see also  white v Stubbs lev sand horn v levuin ld ray salk acket v Vincent ld ray  cockerel v Armstrong comy Rep shower KB er p and resolve by Pemberton chief  justice and the other ten judge then present that want of free hold be no  challenge in a trial for treason much less in a corporation a memorandum  shower KB sale of the office of protbonotary this vacation sir Thomas Robinson  one of the prothonotories die and Lord Pemberton have the sale of the place  and be afterward put out Mr justice Jones swear chief justice of the common  plea in his room sir George jefferies chief justice in sander place and  Holloway and Walcot be make judge of the king bench michaelmas term the  thirtyfifth of Charles the second in the king bench sir George jefferies Knt  chief justice sir Francis Wythens Knt sir Richard Holloway Knt sir Thomas  Walcot Knt justice sir Robert sawyer Knt attorney general henage finch Esq  solicitor general
case the king against love a commoncouncilman must take the oath to a mandamus  to swear he commoncouncilman for the town of Cambridge it be return that he  have not take the oath accord to car and good per curium after argument a
case the king against luellin indictment against a innkeeper for not receive a  sick person must state he be a traveller the defendant be master of the bell  inn in Bristol he be indict for not receive one take ill with the smallpox and  it be quash for not say he be a traveller modern report easter term the  thirteenth of William the three in the king bench sir John holt Knt chief  justice sir John Turton Knt sir Littleton powys Knt sir Henry gold Knt justice  sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor general
case the king against MARGASON on habeas corpus rule may be to bring he up any  day the same term without fill it aliter if to be in a subsequent term  Margason be commit to Newgate upon the statute of will upon refusal of pay  such money as be in his hand as collector of the tax and remove up by habeas  corpus the last day of last term and then absent holt chief justice a rule be  make to bring he up the first day of this term without fill the return holt  chief justice though such a rule may well be for the bring one up in a day in  the same term without fill the writ yet it ought not to have be to bring he up  at a day in another term without fill the return for he can now be bring up  upon a writ returnable in a precedent term by such a rule without the return  thereof be file therefore you must take out a new writ and this be a cause  concern the king revenue you have best give notice to the attorneygeneral for  we ought not to file a return of any such matter remove hither without notice  to he modern report er p
case the king against mason a indictment for tear a bill of exchange be good  although no venue be lie to the fact of the draw the endorse or the accept of  the bill indictment set forth that a note be draw upon the defendant that the  note be endorse over and the defendant accept it and that at saint Martin in  the field such a day he take the note out of the hand of such a person and  tear it girdler sergeant in arrest of judgement take exception that there be  no venue lie to any of the precedent fact of draw the note endorse it over or  the defendant accept it modern report er p reeves those matter be only  inducement to the offence which be the tear and no venue be necessary to those  inducement the only matter be the trespass if the indictment have only say  notam Self the plaintiff it will have be sufficient per curian the offence be  the same whether the note be describe or not there be no case to support this  exception and set out the note special be only surplusage take nothing by the  motion
case the king against mason a indictment on a penal statute must state the day  on which the offence be commit indictment against the defendant on the statute  Henry c a for shoot in a gun quod non to have land or property ad valor the  ninth die April year c at c sagittavi exception be take and allow for that he  not have shall be intend to relate to the time of the indictment and not to  the time of the fact and therefore quash
case the king against mayor and burgess OF Warwick a indictment against a  borough for not repair a way to a church must state how bind to repair  indictment for not repair a way to a church and say the defendant ought to  repair the same but do not say how whether by reason of tenure or otherwise a  nought because prima fancy and regular the parish or county ought to do it of  common right b
case the king against MEDLOR the keep of a cockpit be indictable as a nuisance  at commonlaw and cockfighting for lucre in a common game house be a unlawful  game within the Henry c S indictment for keep and suffer the unlawful game of  cockfighting in his house per vigint die for the get lucre and gain to himself  thereby motion in arrest of judgement that it be no unlawful game and then by  the court be remember the opinion of the Lord chief justice hale that it be a  public nuisance not for the unlawfulness of the thing itself but for keep  house to decoy idle person and apprentice and consequent it become a mean of  debauch the youth of the nation it must be do for lucresake it must be often  and not once only but the forfeiture be forty shilling a day and all the court  several give their opinion that such cockfighting be a unlawful game and  prohibit by the law and judgement be give for the king
case the king against mell new trial not grantable after trial at bar S p ante  a new trial be never grant after a trial at bar pure for go against evidence  except once in king James time but they be often grant for special reason as  misbehaviour of jury or some other misdemeanour
case the king against mile a order of filiation allege the child bear in such  a town be a sufficient statement of the place of its birth this be a motion to  quash a order of bastardy the first objection against the order be that it  shall have be set forth what place the child be bear at because that give the  justice their jurisdiction the court the adjudge such a one the father of a  bastardchild which be bear in such a town be a sufficient set forth the place  of his birth the second objection be that the parish be out of time for the  child be fourteen year of age the court the parish be not confine to any time  by the statute and there be good reason set forth in the order why the parish  do not complain soon videlicet that the modern report er p father run away and  can not be find soon and have no estate nothing can be do in his absence the  three objection be that it be award by the order that the father shall give  security both for the performance of the order and likewise for indemnifying  to the parish for the future the court the give security be a thing very  reasonable in itself but since there have be former opinion of the court that  the justice have not a power to award the give security for the due  performance of their order until such time as their order have be contemned  the order must be quash quoad that but as for give security for indemnifying  the parish it be right
case the king against mill sheriff indict for refuse to execute a warrant of  justice indictment against the defendant be one of the sheriff of the city of  Gloucester for neglect to execute a warrant direct to the two sheriff of  Gloucester by three justice of the peace out of session for the apprehend of a  constable who have refuse to do his office quaere if criminal in the sheriff  or if the justice ought not to have make their shower KB warrant to other  constable since Gloucester be but one will a and the constable authority reach  throughout Adjournatur
case the king against more on submit to a fine the recognizance enter into for  trial to be discharge more be indict for suffer bonelace maker to set up their  good upon stall within his yard and take so much apiece from they for it it be  say to be a set up of a market and that a quo warranto will lie and by  consequence a indictment for the user and here he plead guilty and submit to a  fine and hereupon though he have enter into a recognizance to try it his  recognizance be discharge
case the king against morgan mayor of Bridgwater information in quo warranto  in what case grant Thompson solicitor general move for a information in nature  of quo warranto against the defendant for that the corporation be incorporate  in queen Elizabeth time by the name of mayor alderman and burgess and act  accord in the then mayor surreptitious surrender the old patent by a wrong  name videlicet mayor alderman and capital burgess and get a new patent with  several new power and be now act under it which be void be ground on a void  surrender modern report per curian motion deny there have be no interruption  for thirtyfive year which will give a title except in case of a franchise here  be no contest election no election of any one under the old franchise the  right of a particular person only be not in question but the be of the whole  corporation if this be a matter of usurpation for that reason it will be  proper on the application of the attorneygeneral for the crown
case the king against morris on a indictment for murder be remove from Wales  the court may direct it to be try in the next English county S C keb S c post  S C vent ld ray ld ray stram dougl term Rep term Rep a indictment against one  morris in denbighshire for murder be remove into the king bench by certiorari  to prevent the prisoner be acquit at the grand session and the court direct to  have a indictment find against he on the statute Henry c in the next English  county videlicet at Shrewsbury see the Henry c
case the king against MYNN proceed in the forest court may be remove into the  king bench to know facias where such judgement be give against he he be find a  trespasser for cut tree within the forest without licence and the proceed  against he be remove by certiorari out of theChancery and by mittimus send  into the king bench be plead such plea and demurrer thereupon it be adjudge  for the king
case the king against Nicholls information against a justice of peace for deny  to grant his warrant refuse a motion be make for leave to file a information  against the defendant Nicholls who be mayor of Stafford and a justice of peace  for his neglect of public justice in deny a warrant to the prosecutor who be  beat by t S a rule be make to show cause c and now it be move to discharge  that rule because the mayor have several people then before he to be examine  concern a riot which happen on that day and it be late at night be desire they  to come the next day which be the denial of which the prosecutor now complain  and thereupon the rule be discharge because the mayor have do what justice he  can and the intent of the procure this rule be to bring he into disgrace and  to inflame the corporation against he so the prosecutor be order to pay the  cost of the motion
case the king against oat queen if a indictment for perjury be remove from the  old Bailey by certiorari after issue join whether the defendant must plead de  to make new SC saint Tr the defendant be indict for perjury at the old Bailey  there plead to issue and the indictment be remove by certiorari and he force  to plead again de to make new because as they say their proceed below be  discontinue by the bring of a certiorari for that there can be no continuance  make from a inferior to a superior court but it seem needless and do only pro  mayor caution for the whole be remove the issue as well as the indictment  shower KB er p he be afterward try at the bar and convict of perjury on two  several indictment
case the king against okey a information lie against a justice for send a  servant to the house of correction for be saucy to his master a rule be grant  to show cause why a information shall not be file against the defendant who be  a justice of the peace for send the prosecutor to the house of correction  without a sufficient cause and now be show for cause that the prosecutor be a  servant to l r who complain to the defendant that his modern report say  servant be saucy and give his horse too much corn the court hold this be not a  sufficient cause to send a man to the house of correction so leave be give by  the court to file a information against the justice of the peace trinity term  the eight of George the first in the court of exchequer sir James Montague Knt  chief baron sir Francis page Knt sir Bernard hale Knt sir Knt baron sir Robert  Raymond Knt attorneygeneral sir Philip York Knt solicitor general
case the king against ORBEVILL indictment for a cheat not quash on motion S c  Mod Orbevill be indict for fraudulent unlawful and for wicked gain to himself  procure another to lie money upon such a match a and though it have many  apparent fault in it yet be a cheat the court will not quash it upon motion b  a see accord king v Johnston post S c salk Hawksworth v Hilary sand Mod king v  army Consts poor law pl ditton case salk b king v Gill stram c it be a point  not now to be dispute but that the session have a original jurisdiction to  discharge apprentice king v Davie stram king v Gill stram see also Consts p l  a see king v young term Rep b see Com dig indictment h modern report er p
case the king against Osmond a person who reside on a copyhold worth only S a  year may be remove if he become Chargeable to the parish say quaere the  defendant a inhabitant of Edgeworth in the county of Middlesex have a wife and  child and very poor purchase a copyhold estate of about fifteen shilling a  year in Stanmore in the same county which cost fifteen pound and a month after  come with his family there to live upon the same he be return by the two next  justice to Edgeworth and upon a appeal to the quartersession they order he  back to Stanmore upon this supposition that every man may live upon his own  soil and be not to be remove this order be return into this court by  certiorari and the order of session quash the court be of opinion that unless  he have or do rend ten pound a year though he have twenty or forty shilling a  year freehold of his own yet if he be Chargeable to the parish he may be  remove by the statute and car c a
case the king against overseer OF shepton Mallett a mandamus will not lie to  overseer to account unless it appear that there be no other remedy a mandamus  be grant to the justice of the peace and to the overseer of shepton Mallett to  give a account for certain money which they have receive c modern the justice  and overseer make a return that there be a account give of their money and  that they have dispose several sum in such particular mariner c per curian  both the return and the writ of mandamus be very ill see king v mayor of York  term Rep where it be say that after a return have be make to a mandamus the  defendant can make any objection to the writ itself a modern er p holt chief  justice you shall have say in your writ that you can not have your ordinary  remedy Turton justice that ought to have appear as well in the writ itself as  upon the suggestion of the counsel at the bar
case the king against Owen a mandamus to a mayor to deliver the ensign of his  office to his successor be good though the word or signify to we cause to the  contrary c he omit S c Mod S c comb S c skin S c holt mandamus to show cause  why the defendant do not deliver the mace and other ensign of mayoralty to one  Bennet the succeed mayor c in which writ the usual clause well causan we to  make signs be leave out upon a motion make to quash the writ it be argue that  those word be so material that they can not be omit and it be compare to a  praecipe quod To give back for land or a praecipe quod To give back the pure  milk of reason computation which writ must always conclude thus vet ostensur  quare non to make c modern but on the other side the case of the king v saint  John college Mod a be remember in this court where the same word be leave out  of a mandamus the writ conclude as to shape and the court will not quash it  but see skin comb Mod notorious facts b because it be a mandatory writ the  person to who it be direct ought to make a return or obey it and it be not  absolute necessary that these word shall be insert they be first introduce in  James Baggss case   c but have be omit in many case since and therefore a  pluries mandamus be now grant
case the king against pain the be rate to and pay the poor rate assess on a  tenement under ten pound a year be sufficient notice under the James c to gain  a settlement by a subsequent residence of forty day SC Mod SC Carth order of  session in Essex for remove a poor man and family in maiden there a in the  former edition of this work a reference be make vide above grammatical case  but as the editor have not be able to find the case there refer to he have  take the liberty of insert the substance of the special verdict between the  two star from the report of the same case in Mod and comb in order to render  the reporter account of the judgement of the court more Intelligible b this  case as well as that of Baily v bunning it be say be decide entire with  respect to the liability of the officer lev burr term Rep and not upon the  respective power of the two writ of become facias and extent burr but see upon  this subject the case of Uppom v sumner Bl Rep and Rorke v Dayrel term Rep c  say vide post letchmere v Toplady where it appear that the assignee bring  trover to recover back the good take under the extent and this judgement in  trespass plead in bar which on demurrer the court hold to be good salk say  vide burr burr shower KB er p to another place upon the account that he be a  settle inhabitant by remain above forty day a after take a house and be rate  to the poor there hold by the court to make a good settlement within the new  statute I James c S though there be no notice in write give to the  churchwarden of his come and that come in public by take a house and be rate  in the poor rate and so observe by the officer of the parish in their  parishbook be sufficient notice and that the rather shower KB because by the  preamble of the statute it be apparent mean only against private and  clandestine removal and not public one of which the parish take notice itself  b
case the king against pat on conviction of riot submit to a fine discharge  ante Patting be convict of a riot move before judgement upon the postea return  to submit to a fine and have show by affidavit that the riot be in resist one  who by pretence of process of the admiralty will seize on good he have  distrain for rend he be discharge and per curium the postea ought to be return  the next term after the trial a this be a to know facias against bail  exception be take that it be not state where the court be hold where the  judgement be give and cro Elizabeth Yelv be cite but holt chief justice say  the exception be very slight and that it shall have be show as cause of  demurrer and therefore judgement be give for the plaintiff modern report er p
case the king against pepper a attachment do not lie for insert a large sum in  the ac etian than be due in order to oust the party of bail a rule of this  court be make in the fifteen year of Charles the second that the plaintiff  shall set forth in his writ or bill a ac etian of the sum for which he expect  the defendant shall give bail and that if he bring a action without any cause  on purpose to hold the defendant to special bail he shall be punish the court  be now move for a attachment against pepper who bring a action with a ac etian  bill in a great sum to hold the defendant to special bail where nothing be due  as it appear before a judge the plaintiff be summon before he to show his  cause of action and this be say to be a abuse of the process of this court and  consequent a contempt the court hold that this be not such a contempt as to  issue out or grant a attachment against the plaintiff but direct that if the  defendant be damnified he may bring his action
case the king against pet and the inhabitant OF BEINGFIELD in suffolk the  session can under Elizabeth c order executor to maintain and provide for the  apprentice of the testator although such apprentice have become Chargeable to  the parish but a covenant to maintain be not discharge by the master death SC  Carth SC salk SC salk SC Mod by the justice one crane be put apprentice to one  Browning who die and administration be commit to the defendant the apprentice  fall sick and become Chargeable to the parish the justice make a order for  send he to the defendant and to maintain and provide for he the defendant  appeal and the session in Suffolk confirm the order these order be remove by  certiorari I move to quash they for that the justice have no authority to make  a order on my client their jurisdiction be only upon the person of the master  and not upon his executor or administrator a that such a construction must  bring a great deal of confusion in the law for suppose no asset shall the  justice try that shall this expense and charge be pleadable to any and what  suit by creditor suppose the administrator live in another parish or county  must the apprentice be send after the administrator suppose that he prove poor  himself then that parish where he life must be Chargeable with this apprentice  which certain the statute never intend if there be covenant in the indenture  that reach the executor those may be save and then we have liberty to plead to  it b but now by this order we be settle c and per curian the order be quash  shower KB michaelmas term in the year
case the king against pierce the trade of soapboiling calendering and brew  though lawful yet if carry on to the annoyance of the neighbourhood be  nuisance information for erect and continue a soapboilery in wood street to  the annoyance of the neighbourhood try before Jefferyes chief justice at  guildhall wonder cite to be in easter term Elizabeth in the common plea Bulst  ten Hilary term car in the king bench that king v Freedland cro car z shaw v  tiler cro James a side b calvin lexicon juridicum word mercator c goodman  English dictionary word mercer d Ellis v yarrow side e king v cellar side f  side g Brownl h brown entry part I Thompson plead page shower KB er p and it  be hold by he that though such a trade be honest and may be lawful use yet if  by its stench it be a annoyance to the neighbour it be a nuisance the  defendant be find guilty note quod to be ex prosecution jenner recordatoris  and in this case be remember the case of a calendarman here in London in bread  street who be convict before Lord hale on such a information for that the  noise of it disturb the neighbour and shake the adjacent house and the case of  the king v jordan for a brewhouse on Ludgate hill about a year and a half  since and he be force to prostrate the same and direct it to another use for  that such trade ought not to be in the principal part of the city but in the  outskirt
case the king against pike information not grant where there have be a  peaceable possession of burgessship for fourteen year a rule be make for the  defendant pike and one prideux to show cause by what authority they claim to  be capital burgess of the corporation of c and another rule for a information  in nature of a quo warranto against this pike and one Harrison the two contend  mayor to show cause by what authority they claim be mayor of the corporation c  it be now move to make both these rule absolute it be true the defendant have  swear that they have be fourteen year in possession of the capital burgessship  under a pretend election of they into that office but since the election of a  mayor very much depend on their be duly elect burgess it be insist that the  court will grant this information as they do in the case of the corporation of  Penryn notwithstanding a long acquiescence modern report er p e contra modern  report the objection in this case be not like that in the case of the  corporation of Penryn because here be fourteen year peaceable and  uninterrupted possession therefore the rule be discharge as to they and that  no information shall be grant but that the rule shall stand against pike and  Harrison the contend mayor and a information in nature of a quo warranto be  grant against they it be say that upon the trial of that information and if  the court shall deny to grant a information against the capital burgess they  will contend that the prosecutor can give any disability of they in evidence  and therefore will be good witness against he to which it be answer by the  court that the right of a man shall not be try in any collateral action to  which he be not a party therefore the disability of prideux can be give in  evidence on the trial of this issue so the rule against he as capital burgess  be discharge
case the king against pindar in quo warranto if the defendant be find duly  elect but not swear into his office judgement of ouster shall be give S c  stram S c ld ray upon a information in the nature of a quo warranto against  the defendant for usurp the office of mayor of the corporation of Penryn in  Cornwall the defendant plead that he be debit dainties and swear into the say  office c the plaintiff reply that he be not elect and swear modus et form c it  as he have plead and thereupon they be at issue the jury find that he be duly  elect but that he be not duly swear into the office c upon a motion to set  aside this modern report verdict it be insist that he be not mayor until duly  swear and therefore that he have usurp the office and that judgement of ouster  ought to be give and enter against he but on the other side it be say that the  election be find to be regular the defendant be entitle to a mandamus to be  swear but if there be a general judgement of ouster against he in such case he  can have a mandamus to be swear by virtue of any precedent election therefore  it will be prejudicial that such judgement shall be enter against he and there  be no precedent in what manner it shall be enter the court be move to give  some direction therein so as the entry of the judgement may not hinder the  defendant from obtain a mandamus the court bid they enter their judgement  accord to law Raymond and fortescue justice think it right enter Reynolds  justice doubt the court give judgement of ouster which be afterward affirm in  the house of lord see king v Hearle stram a modern report er p
case the king against Pocklington attachment for not put in bail pursuant to  agreement Mr Wearg Mr Pocklington sign a promise on the back of a warrant to  put in bail at the return of the writ and though often request by the officer  neglect the sheriff be amerce to the value of the debt the motion be for a  attachment against Pocklington per curian we can grant that unless there have  be a rule that he shall have put in bail let he show cause why he shall not  pay the sheriff his cost and put in bail accord to the undertake
case the king against pole if a charter fix the election of a mayor on a day  certain without any power to hold over the poll can be adjourn SC b r h SC bar  SC Cun upon a motion for a information in the nature of a quo warranto against  the present mayor of Liverpool the case appear to be by the charter the mayor  be to be elect on saint Luke day be the eighteenth of October and no provision  make for hold over upon modern er p the eighteenth of October last the  corporation meet and proceed to the election of a new mayor but before the  poll be end Mr Brereton the then mayor adjourn the election to the day follow  when pole be elect by a majority of voice the objection take to his election  be that there be no provision by the charter for the mayor to bold over his  office be determine on saint Luke day and the proceed to a election of the  present mayor on the day follow be irregular and void it be insist that this  be a case not within the Geo c that the provision of that Act be that where a  mayor or other head officer of a corporation wilful absent himself on such  election day be may proceed to a election the day follow or in his default the  senior alderman c may but that Act must be construe where the first step in  the election be take on the day after modern the charterday that what be do  here on the second day be no more than a continuation of the business begin  the day before and therefore this be not a regular election within the Act the  whole court be clear of opinion that this be a void election at commonlaw for  the reason before give Lord Hardwicke chief justice and two other judge be of  opinion likewise that this be not a case within the Act but lee justice seem  to think otherwise the word of the Act be in order to and for the complete of  such election c the information be grant
case the king against pope the session can commit but must indict for  disobedience to their order queen if they can order payment of servant wage  Mompesson move to quash a order make by the justice of peace at their session  for servant wage and cost of suit first they have commit he to prison for not  perform it which they can do they ought to have indict he for disobey their  order a second the justice of peace have no power to compel the payment of  servant wage the justice of peace have authority concern the wage of such  servant as be hire under the statute Elizabeth c by t e year for the service  of husbandry but not otherwise king v champion Carth for though by the statute  they be only empower to set the rate of wage yet they may also order payment  of they king v Gouch salk and if the order be general the court will intend  that the servant be employ in husbandry king v Gregory salk but if it appear  that the servant be the valet of a gentleman or the journeyman of a trader the  order be bad king v London salk for the justice have only jurisdiction ill  case of husbandry king v Helling stram Atkins case fort and now by the statute  Geo c all complaint difference and dispute between master and servant in  husbandry hire for a year or long or between master and artificer  handicraftmen miner collier keelmen pitmen glassman potter and other labourer  employ for any certain time or in any other manner may be beard and determine  by one justice of the county or place where the master shall inhabit although  no rate or assessment of wage have be make that year by the justice provide  that the sum in question do not exceed tea pound with regard to any servant  nor five pound with regard to any artificer c or other labourer and if the  wage order be not pay in oneandtwenty day the same may be levy by distress b  holt chief justice let it be quash nisi modern er p
case the king against Powell and other double plead deny see ante motion be  make in this cause for leave to plead double first to justify under the  corporation as a corporation by prescription and second as a corporation by  virtue of the charter of Philip and mary the court the plead be inconsistent  for after acceptance of a charter the corporation can never be esteem a  corporation by prescription trinity term the nine of George the first on a  trial at bar before the court of king bench
case the king against Powell see S c Mod whether a ancient custom shall be  good against a charter S c ante S c bro p c upon a motion for a trial at bar  it be offer for cause that a jury who have try this very cause against one  Jones have find direct against the charter of this corporation videlicet that  foreigner may be choose to all the office therein by virtue of a old custom  antecedent to their charter but the rule for a trial at bar be oppose because  if it shall be grant it will very much influence the next election of any  person into any office in this corporation beside this point may be bring  before the court by special plead the court or by a special verdict find at  the assize and direct by the judge so there be no occasion for a trial at bar  especial since there be nothing in this case to be try but a point modern  report in law videlicet whether a ancient custom shall be good and prevail  against the express word of a charter
case the king against Pursell the court will grant a new trial in perjury if  the defendant be convict by surprise the defendant be prosecute for oppress a  honest man under colour of a warrant of the chief justice be order to answer  upon interrogatory and upon his examination be forswear himself and be indict  and convict of perjury and now he move to set aside the conviction it appear  upon affidavit he can not be ready to make any defence at the trial and upon  this motion the verdict be set aside upon payment of cost and enter into a  rule to try it forthwith
case the king against pursy a indictment that a use the trade of sell cattle  at b in the county of c do sell have cattle c be have for uncertainty a  indictment a be that a use the trade of buy and sell cattle at b in the county  of m do buy and expose to sale have cattle c and it be quash for incertainty  for per curium if it be understand that the buy and sell be at b in the county  of m there be no venue where the expose to sale be and if b in the county of m  be apply to the place of sale there be no place lie where the use the trade be  so wherever way it will be impossible to make it good
case the king against queen if wife of I S of such a parish be a sufficient  description of the defendant in a indictment of rescous indictment for a  rescous commit by the defendant wife of I S and other the exception be that  there be no addition but only wife of I S of such a parish without give he any  addition Tremaine urge e contra Inst rescous accord to my Lord coke be not  within the statute of addition and therefore wife of such a one be sufficient  Adjornatur note I S servant to I n esquire or a b wife of t b gentleman be  sufficient addition Edward pl Henry pl Mod
case the king against quo warranto quo warranto against several baker of the  county of Chester that come in and sell bread at Glamerstone nigh the city of  Chester for sell there extra shopam et without to some place mercat in loco  area free from obstacles quasi et tanquam mercat resolve not good because it  be no encroachment without a demand of toll or the like and if it have be for  keep a market they will have disclaim judgement for the defendant and here be  cite the case of Toller v cook and other in the case of the baker of Honiton  and Ottery in Devon in the exchequer last Trinity term and the same judgement  give
case the king against RAINSDEN order of justice to remove a man not say one of  they be of the quorum ill a order of two justice to remove Rainsden likely to  become Chargeable to the parish be quash because it be not say that one of  they be of the quorum a but if it have be at the session it need not to have  be say a   a but now by Geo c no order c make by two or more justice which do  not express that one of they be of the quorum shall be impeach for that defect  only see also Geo c and Bl Com modern report er p
case the king against raw Nonpertinent interrogatory be demurrable if  impertinent interrogatory be put to a person who be order to answer  interrogatory his way be to demurrer to they for there be no way but to answer  or to demurrer and there ought not to be a interrogatory lead the party to a  penalty
case the king against reeves indictment quash upon a motion to quash a  indictment for that it be prsentatum step forth queen billa be true instead of  quod billa be true a rule be make to quash it nisi causan but no cause be show  and so the indictment be quash for that fault trinity term the ten of George  the first in the court of exchequer sir Jeffere Gilbert Knt chief baron sir  Francis page Knt sir William banister Knt sir Bernard hale Knt baron sir  Philip York Knt attorneygeneral sir clement Wearg Knt solicitor general
case the king against roberts a action will not lie in the Marshalsea for a  malicious prosecution in the king bench the defendant be indict and acquit in  this court and afterward bring a action in the Marshalsea against the  prosecutor for a malicious prosecution upon which the defendant in the action  be hold to special bail modern report Kettleby now move to stop the proceed  there because this court be possess of the principal cause may better judge  whether the prosecution be malicious or not strange contra insist that debt  lie in the Marshalsea or in any other inferior court upon judgement in the  court of Westminster side salk a the reason of sue below be for the advantage  of hold the defendant to bail and there be a custom in that court that the  attorney shall answer for such bail as be take so that if the proceed shall be  stay the plaintiff will lose that benefit which he have below against the  attorney for in truth the bail be worth nothing the court it be high  inconsistent to have the reasonableness of sue here determine below whereas  there be any particular circumstance of aggravation a judge may require  special bail though the writ do not require it see Geo c a however if we stay  the proceed below we will order the defendant to find special bail which the  defendant below agree to the proceed be stay the court agree the case in  Salkeld and siderfin to be law modern report er p
case the king against russell indictment Russell be indict for open a letter  send by the post a and the caption be that per a swearer jurat pro lord ring  stand out or forth not said and quash for that b
case the king against saint andrews holbourn on not guilty to a indictment for  not repair a road a person can give in evidence that other be bind to repair  it S C Danv S C keb l S C vent S C salk S C Freem lev side keb Inst roll Abr  Mod Mod ld ray ld ray strange Bac Abr Andrews Annallys Rep burr burr hawk p c  term Rep upon a motion concern the amend of leatherlane hale chief justice say  if you plead not guilty it go to the repair or not repair but if you will  discharge yourself you must do it by prescription or ration tenurce and say  that such a one ration tevurce or such part of the parish have always use time  out of mind c
case the king against SALOWAY the coroner ought not to presume insanity from  the act of suicide Plowd comb hawk PC Bac Abr a coroner inquisition find that  the decease he himself to bring forth be not good Mod side salk lev Mod hawk p  c hawk p c Bac Abr the good of a felon de see be not vest in the king till  office find and the forfeiture be therefore save by a previous pardon   Inst  side sand Mod Bl Com hale p c hawk p c Bac Abr if a coroner inquest find the  substance it may be amend for defect of form I side salk lev stram fitzg hawk  p c Bac Abr Saloway drown himself in a pond and the coroner inquest find he  non compos chin because it be more general suppose a man in his sense will not  be felon de see the king counsel move for a melius to seek after and that the  inquisition may be quash for that it set forth quod pillage defend daughter of  the Sun horan eight ante noon in a certain stagnum see to throw forth et per  abundance aquae ibidem statin strangle et to bring forth to be which be  insensible Pemberton sergeant contra here be no exception take to the  substance of the inquisition and the word suffocate have be sufficient if the  word to bring forth have be leave out the court be of opinion that there be  another word in this inquisition which modern er p carry the sense it be  therefore sufficient but if it have stand single upon this word to bring forth  it have not be good and this fact happen about the time of the general pardon  the court be of opinion that where a interest be vest modern in the king a  pardon of all forfeiture will not divest it but that nothing be vest here  before inquisition find second it be object that this inquisition ought to set  forth that Saloway come by his death by this mean et nullo elsewhere modus  quocunq to which it be answer by Pemberton sergeant that in matter of form  only the judge have send for the coroner into court and order he to amend it
case the king against selbourne the session can make a order of maintenance  the repute father of a bastard child may be order to pay a sum in gross for  money expend in its keep or for the charge of its delivery order of session  for the maintenance of a bastard child nought because no order first make by  the two next justice of the peace a order to pay fifty pound or any such other  sum in gross be ill unless it be for week pass from the birth of such child or  for the charge of midwifery and other necessary in the woman labour which my  Lord hale hold that the repute father be liable to though the word of the  statute seem only to intend a maintenance from the time of the order b but the  father be not compellable to give the child a portion or to put it out  apprentice c it be nought if to pay so much a week till such a age without say  if it live a by car c S justice of the peace in their several session may do  and execute all thing concern that part of the statute Elizabeth c which  relate to bastard child that by justice of the peace in the several county be  by that statute limit to be do before this statute it be hold that the session  have no authority to meddle in the case of bastardy until two justice have  make a order therein slater case cro car but it be now settle that the session  have in this case a original jurisdiction wood case Bulst king v Clegg stram  king v greaves dougl b see king v Sherman I vent king v smith Bott p l pl king  v odam salk and king v eve post king v Moravia Bott p l pl c king v Willey  Bott p l pl shower KB er p so long yet quaere of this for the law seem  otherwise because a order though so general will determine upon the child  death for its maintenance cease the weekly payment for its maintenance must  likewise cease d
case the king against selby a mandamus lie to admit a apprentice to his  freedom mandamus be pray to the mayor and burgess of Maldon to make a man free  of the corporation that have serve out his time of seven year apprenticeship  there to a freeman the court doubt much if it can be grant but it be say there  be several precedent of it and therefore time be give to search a a whether  Pitt be copyholder for life of land parcel of the manor of Granley of which  manor the bishop of Worcester be seize in right of his bishopric the bishop by  the custom of the manor grant the reversion of these land to Thornborough for  life during Oliver Cromwell rebellion one Corbet he come de facto lord of the  manor and Thornborough surrender the land to he ut ind to make will svan  whether Pitt be still live Corbet grant the reversion of the land for three  life after the restoration the then bishop of Worcester enter into the manor  and grant the reversion to Pitt the above plaintiff in error upon who  Thornborough the grantee of the former bishop of Worcester after the death of  Ann Pitt enter and make a lease to more and after argument by pollexfen for  the plaintiff and by Maynard sergeant for the defendant the judgement give in  the court of common flea be affirm SC Jones a a mandamus be grant to the mayor  of Oxford to admit one townsend to his freedom he have serve a apprenticeship  to a tailor in that city and the clerk of the crown produce a precedent of a  mandamus to the mayor of Norwich for the same purpose townsend v mayor of  Oxford side although it appear that he have marry within the first two year of  his time contrary to the covenant of his shower KB er p
case the king against self if a person be convict of forgery at the assize and  the judgement arrest but by the mistake of the clerk not enter qure whether  the court of king bench will order the judgement to be enter on record the  defendant be indict at the assize for forge stamp and appear there upon his  recognizance to answer the indictment he plead not guilty and upon his trial  he be convict but upon a motion in arrest of judgement it be set aside  afterward he exhibit a bill in chancery against the prosecutor of the  indictment who plead this conviction of forgery in bar to the bill the  plaintiff in chancery now move the court of king bench that the record may be  make up with the arrest of the judgement for that by a mistake of the clerk of  the assize that be not record nor do there any note thereof appear in his book  but only that he be bind over by recognizance to appear at the assize and that  he do accord appear and save his recognizance the court although this matter  be evident by the record of the assize will make no rule for the record to be  make up with the arrest of judgement because a precedent of this nature may be  of dangerous consequence and therefore desire that the cause may be put into  the paper and be speak to again that it may be judicial determine modern  report er p
case the king against Sellinger the court will not quash a indictment for crim  con on motion Sellinger be indict for lie with another man wife and move to  quash it as a matter not indictable but per curium we will not quash a  indictment for matter of this nature on motion but demurrer if you will
case the king against sergeant and Hanns the venire facias for the trial of a  issue before justice of oyer and terminer ought to be make returnable general  at the next assize but perjury be well assign on a record state a venire so  return unless it be reverse S C vent modern er p S C keb dyer cro James cro  car Dariv Mod Mod stram ld raym indictment for perjury commit in give their  evidence on the trial of all indictment for barratry it appear by the record  that the venire facias for the trial of the barratry be make returnable in  person c justiliariis Trtedictis on a day certain videlicet the six of march  Stroud move in arrest of the judgement on the indictment for perjury first  that the venire shall not have be returnable at a day certain but general ad  neighbor assisas because it be uncertain when the assize will begin second  that be make returnable in person justiliariis prediction none but the same  justice can proceed Twisden justice there be a venire facias returnable in  person we at Westminster whereas it shall have be wherever Juerimus c yet  because the court be hold here it be hold to be good hale chief justice I  remember it when in a inferior court the venire facias be adproximam curian it  be nought because it be uncertain when the court will be keep but if it be at  such a day adproximam curian it be good a see Cowp a the court hold that the  first exception make the record erroneous but that as it be unreversed the  perjury be well assign and that the second be aid by the Edward c
case the king against sergeant non pro against one defendant no release to the  rest verdict be against three joint and non pro enter as to one and judgement  against the other two vide Edward pl cro   Ent that if there be several  defendant a non pro against one be no release as to the rest Hilary term will  mary roll vide hob
case the king against several alderman OF worcester a freeman of a corporation  may be a juror although he have no freehold in the city SC skin SC vent SC  raym quo warranto against they c upon a trial at the bar the defendant  challenge several juror for not have forty pound per annum and it be agree by  the court that a freeman in a corporation be of substance may be a juryman  though he have no freehold in the city the practice always have be so for  otherwise there will be a failure of justice in many corporation because in  many of they there be not freeholder enough to make a panel the court send the  puisne judge to the common plea to know their opinion herein who agree with  this court and the challenge be accord overrule
case the king against shaw appeal from justice must be to the next general  session and not next general quartersession S c salk S c Carth S c Sett Rem a  order be make by two justice of the peace against shaw the repute father a  this case be at nisi prius at guildhall b see Dingwall v Dunster dougl a see  the bank of England v Newman post Lambert v oak post Lord v Francis post  modern report er p of a bastardchild whereupon he appeal to the next general  quartersession of the peace after he have notice where the order of the two  justice be discharge the order of session be remove by certiorari it be move  to quash it because by Elizabeth c S the appeal must be to the next general  session and it may be there have be a general session before the next general  quartersession as in London and Middlesex there be four general session in the  year beside the quartersession wherefore the order of session be quash a  modern report michaelmas term the ten of William the three in the king bench  sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton Knt  justice sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor  general
case the king against shaw have return to mandamus mandamus to restore shaw to  the place of one of the burgess of Wilton and after argument on both side a  peremptory mandamus be grant because the crime for which they remove be not  well allege in the return
case the king against SHORTELL a indictment state a writ returnable at  Westminster in Surrey indictment be for the rescous of one take by process of  the Marshalsea say to be returnable at Westminster in come Surrey and for this  it be move to quash it but the court will not intend but that there be a place  call Westminster in Surrey therefore will not quash it
case the king against Simpson Monday November discuss r v sowter king b  mandamus to swear a churchwarden the surrogate make a ill return S c ld ray S  c stram mandamus to the defendant who be surrogate to dr king archdeacon of  the diocese of London to swear one fane churchwarden of Colchester be elect by  the inhabitant accord to the custom of that parish the defendant return that  it do not appear to he per some scribe that fane be duly elect see king v dr  Harris burr a and that the bishop of London have inhibit dr king and any  person act under he to swear this fane so he the surrogate can swear he modern  report er p Mr reeve except that the return do not set forth that Colchester  be within the diocese of London to which it be answer that though the return  to the mandamus do not precise mention Colchester to be within the diocese of  London yet when it mention that the bishop of London have inhibit the  archdeacon c that be sufficient to show the court that it be within his  diocese a peremptory mandamus be grant as it be in the case of the king v  Cardigan for the court say that where the churchwarden be to be elect by the  parishioner by prescription it shall not be in the power of the parson to  hinder they
case the king against sims if contempt be swear off he be discharge of  contempt per curian if one bring in in contempt deny all upon oath he be of  course discharge of the contempt but if he have forswear himself he make be  prosecute for perjury a
case the king against sir basil brook a to know facias will lie for a fine at  the justiceseat of a forest though hold out of the forest roll ab Bac ab to  know facias quare non to give satisfaction a fine assess upon he at the  justiceseat in the forest of dean the plea be that the justiceseat be at  Gloucester which be out of the forest and thereupon it be demurrer because the  beginning of the justiceseat be within the forest though after adjourn to  Gloucester croak car and all the court hold it good enough that the  justiceseat be begin at a place within the forest it may be adjourn to a place  out of the forest c wherefore it be adjudge for the king see statute Richard c
case the king against sir Charles holloway information against a schoolboy for  assault his master the court be move for leave to file a information against  the defendant who be about fifteen year old and a scholar at winchesterschool  for assault beat and challenge one eyres a clergyman who be then second master  of that school for no other cause but that the say schoolmaster reprove the  defendant for something do at school a rule be make for the defendant to show  cause
case the king against sir henry bind baronet indictment of treason be not to  be quash for want of addition unless the person take advantage of it S c ld  ray S c andr sir h bind bring a writ of error to reverse a outlawry for high  treason and assign for error that whereas the statute of Henry c do enact that  in every indictment c there shall be mention make of the true addition of  their profession faculty or mystery or estate and degree and that the place of  his commorancy shall be mention unde ex quo that in the indictment he be not  name baronet nor have other sufficient addition in hoc be erratum and so  likewise as to the place of his commorancy he assign also another error in the  process of outlawry videlicet the want of a capias which the attorneygeneral  confess whereon his outlawry be reverse and be arraign on the indictment holt  chief justice say that sir Henry bind have his election either to take  advantage of the exception to the indictment for want of addition or waive it  and plead the king pardon for the indictment be not to be quash by the statute  except be take advantage of it and accord be waive his exception and plead his  pardon a see earl v earl salk Derby v Boucher salk Marlow v pitfield Peer wms  Harris v lee Peer wms Fonblanques equity modern report er p
case the king against sir huge everard parish may tax themselves to carry on a  suit for the public good of the parish a rule be obtain by surprise for leave  to file a information against he and several other parishioner of the parish  of in Essex for lie a tax upon themselves for carry on a suit against their  vicar in the spiritual court for incontinency and the court hold they may  lawful tax themselves by consent to carry on a suit for the public good of the  parish but in that case the majority can not bind the rest without their  consent as in case of other rate but the information be file it be refer to  the master of the office
case the king against sir John dryden GYBBS and other in a writ of right of  advowson against coparceners or jointtenants if one of they die puis darrein  continuance the writ shall abate but not in the case of novel seize or  mortdancester vide ante post Jones bro brief bendl hard show Mod cro James  right of advowson against they as coparceners upon a special verdict by the  grand assize it be show that the tenant be coparceners and that Margaret Gibbs  one of the tenant be dead puis darraigne continuance before this term which be  plead in abatement of the writ the king attorney hereupon traverse that they  be parceners and upon that it be demurrer be move in court it be adjudge  without argument that the writ shall abate and it be appoint that judgement  shall be so enter for all the court agree although it be admit they be not  coparceners but jointtenants yet the death of one of they shall abate the writ  be in a real action and it be not like to the case of a assize of novel seize  or of a assize of mortdancester where b   a see will mary c croak car er p  death of one of the tenant shall not abate the writ as long as there be a  tenant live for it be here allow that every of they be tenant of a freehold  and although the attorneygeneral affirm there be two express book in the point  yet upon view of the say book b they conceive they do not extend to this case  for it be only in a to know facias upon a petition de law which differ from  this case but it be afterward adjourn by Mr attorney importunity until easter  term pretend that he will then argue the case c
case the king against sir richard WENDMAN in the exchequer Chamber forfeiture  relate to the time of the flight and a office for entitle the kin go be find  all mesne act be thereby avoid   light Stam p c wonder cro car lev Com dig Com  dig dougl the king may assign a choose in action and the assignee may sue in  the king name post dyer in marge Keilw Savil Owen Com dig Bac ab peer wms term  Rep see James c it be hold by all the baron and so they deliver the law to the  jury first that where Anthony bow have a statute make to he by sir Richard  Wendman of one thousand pound and afterward be a fugitive beyond the sea in  Eliz and after but before office return and release this statute and office be  after find that this release shall not bar the king for he be entitle by the  flight a see James c and Geo c S croak James er p and the office be but a  inform of he and the statute be in he before the office second it be resolve  that the queen grant the say statute inter alian to Conway and liberty to he  to sue it in the name of the queen and her successor it be a good warrant and  all process shall be make in the king name as if there have not be any grant  thereof whereupon the jury give their verdict accord
case the king against sir robert Grosvenor and other No usage can control the  direction of a charter upon a motion for a information in the nature of a quo  warranto against the defendant corporation officer of the city of Chester  among other thing it appear that by a charter grant the sixteenth year of  Charles the second the right of election of corporation officer be vest in the  mayor alderman and commonalty at large the defendant be elect by part of the  corporation exclusive of the commonalty and a usage set up to justify such  election the court hold clear that no usage can control the direction of a  charter of so modern a date and modern er p Lord Hardwicke chief justice  mention the case of the corporation of Brecknock where the charter which be  grant in the reign of Philip and mary direct corporation officer to be choose  de inhabitant and a usage have prevail from the fifteen year of queen  Elizabeth to elect they without any regard to inhabitancy to that time and  upon a special verdict it be hold in this court that such usage in  contradiction to the charter be void and that judgement upon a writ of error  be affirm in the house of modern lord it be agree also in this case that upon  a judgement in a information in the nature of a quo warranto to the  corporation itself can be dissolve but only the particular franchise abuse  seize into the hand of the crown vide Mod
case the king against slaughter a fellmonger be a trade within the Elizabeth c  S c salk S c ld ray S c holt slaughter be indict upon Elizabeth c for use the  trade of a fellmonger not have serve seven year to it it be move to be quash  for that it be not a trade know at the time of make the statute vide cro that  a hempdresser be not a trade within the statute but modern report after a rule  nisi have be obtain holt chief justice say that it be fit for a jury to try  whether it be a trade then or not a and why not as well as try a prescription  and therefore be against quash it upon that exception and he affirm that the  trade of a woolcomber be within the statute b though the contrary have be  adjudge in the four year of James the second
case the king against smart the estreating a recognizance be stay for that the  defendant can not get his witness who be sick see stat Geo c for the more easy  discharge of recognizance estreated into the exchequer upon a certiorari to  remove a indictment the defendant enter into a recognizance to try it at the  next assize which he can not do by reason of the indisposition of some witness  and this appear to the court upon affidavit it be move to stay the estreating  of the recognizance which be grant upon payment of cost and enter into a rule  to try it at the next assize follow especial since the prosecutor can get  nothing by the estreat of the recognizance but now he get his cost
case the king against smith a person appear in the court of king bench  pursuant to his recognizance may be charge with a information and force to  plead instanter Aaron smith be bind by recognizance to appear here the first  day of the term and appear accord be charge with a information for word and  force to plead present for that in such case he be in the same condition with  a attorney or clerk of the court who be always suppose present in court and  have the benefit of a imparlance but in case a man come in upon process and  appear to a information a he have then a imparlance till the next term after  and it be say by Mr pollexfen that all person have a imparlance till sir  Samuel Astreys time
case the king against smith the court will grant a new trial on a indictment  for perjury after a verdict for the king if it appear that it be not wilful  and corrupt SC Jones information for perjury the case appear to be that the  defendant smith go with the justice constable and other to disturb a  conventicle in a town in Leicestershire and that he ask a fellow there his  name and he say James who be a know conventicler whereas in truth the man name  be not there and the fellow that answer know it but the defendant do not but  however believe it he swear before the justice that James be at the  conventicle and thereupon a conviction be have and now upon motion it be a  plain mistake the verdict be set aside the oath not be wilful and corrupt  perjury and the court urge as authority for grant a new trial two case where  verdict of the same nature have be set aside jackson case of Gloucestershire a  and Fennicks case b in my Lord hale time
case the king against Somerton one justice must be of the quorum a order of  adjudication of the repute father of a bastard be rule have for two fault  first it do not appear that one of they be of the quorum a second nor that the  examination be by they both b and either hold fatal but because the defendant  be not present in court as he ought to be it be only quash nisi
case the king against sorel a indictment for stop of water must describe the  place as so much land cover with water roll ab Brownl salk ld raym hawk p c Bl  Com a indictment for stop of water be quash as insufficient the word be quod  quaedam pars aquae be by he stop which word be too uncertain for by croak  justice it ought to have be quaedam pars terrae aquae overwhelmed and by  Doderidge great pars aquae accord to Luttrels case   b and dyer which be to  that purpose cite whereupon the party indict be discharge
case the king against stone a assignment of perjury on a fact swear to have be  commit at Norwich with a averment that it be not commit at the say city of  Norwich be bad SC term information for perjury in a affidavit where the  defendant swear that a b and several other of a jury that try c have since the  assize acknowledge to the deponent that they be treat at Norwich by the  plaintiff in that cause before the trial thereof where in fact et de facto the  say a b and the several other juryman nor either of they do acknowledge they  be treat at the say city of Norwich before the trial nor be they treat by the  say plaintiff or any other c on not guilty plead and verdict for the king Mr  Northey and I move a arrest of judgement that here be no good assignment of  perjury because they may acknowledge that they be treat at Norwich and not  acknowledge they be treat at the city of Norwich for those be different place  or may be so and in this case this court be not to help the matter by  intendment and per curian judgement stay a see the case of owlet v strictland  Cowp Hugh v richman Cowp Hotham v the east lndia company dougl Jones v Barclay  dougl boon v Eyre h Bl Rep notorious facts duke of saint Alban v shore h Bl  Rep shower KB er p