ball and knipe what court have a right to grant a tale de A standing round  upon a writ of error on a judgement in the court of Bristol give in a action  bring upon a policy of assurance Mr reeves assign for error in the first place  that the court below have grant a tale de A standing round whereas the statute  allow of this only in trial by nisi prius the word of the record be therefore  secundum experience community predict ad requisitionem to express grief some  de A standing round jurat quorum nomina to put at secundum form set up in hoc  grammatical case c in answer to this exception Mr Filmer say that a custom of  this sort will be good and this be lie to be secundum experience but Mr reeves  observe that this answer be not sufficient in the first place because the  usage be lie to be of the city whereas it shall have be of the court and in  the next place because the court appear to have have its jurisdiction within  time of memory for the style of the court be secundum law a merchant ac  secundum experience v  freq  dep  infra dictam community ac etian secundum to  visit liberate per of Barnardiston king b line litter patenes he say beside  that the plaintiff have lie no cause of action in the declaration and this may  be assign for error though in the present case there be a verdict the  exception which he principal rely upon to this purpose be that no time be  ascertain in the policy of assurance as it be set forth in the declaration  from which the hazard of the ship be warrant for it be only say incipient  periclitamine super predict England so the ship be say to be load England tun  without say what burden the ship be of likewise the ship be say to be warrant  possession well non possession England interest or no interest but the word  possession have a very different signification from that of interest then he  say the danger insure against be to be suffer hic and not say upon the sea or  in the voyage the court say that at present they take the answer to the first  exception to be sufficient and that it be not avoid by any thing Mr reeves  have say for the court be hold for the city and therefore the usage of the  city be the usage of the court and they think the mention the letter patent  relate only to such liberty as be add by they then to the second exception  they think the policy of assurance may be well intend to take effect from the  make of it that be Feb the ship be say to have set sail the same day and then  the word super predict must refer to that day to the two next exception the  court do not think they can be take advantage of after verdict and they think  the last exception can not make the policy of assurance void however this  matter stand over vide post Barnardiston king b er p