pauper was removed to another parish by an order of two justices. After he had been reinoved, he sold his furniture, and paid the year's rent: Held, first, that the parish officers having been compelled to grant relief, A. had thereby become actually chargeable, and was therefore removeable by statute 35 G. 3. c. 101, although he had resided above forty days on the tenement. Held, secondly, that at the time when the order of removal was made, he had not gained any settlement in the removing parish, because he had not then paid a year's rent as required by the 59 G. 3. c. 50. The King v. The Inhabitants of Ampthill, E. 5 G.4. Page 847 SHAM PLEAS SHIP. 1. The 43 G. 3. c. 56. s. 2. prohibits the conveying in any ship from any place in the United Kingdom a greater number of persons than in the proportion of one person for every two tons of the burden of the ship, and every such ship is to be deemed to be of the burden described in the certificate of registry; and if any ship is partly laden, with goods, the master is prohibited from taking on board a greater number of persons than in the proportion of one person for every two tons of that part of the ship remaining unladen: Held, under this act that vessels partly' She livered to the plaintiff, G. J. K., an instrument, describing the ship as copper bolted (but not reciting the certificate of registry); at the foot of which was written, "Sold the within mentioned ship to G. J. K." He afterwards executed a bill of sale to the plaintiff in the usual form, which did not describe the ship as copper bolted. was not copper bolted, and plaintiff declared in assumpsit against the defendants (as executors of the vendor) for the breach of his warranty in that particular: Held, that the action could not be maintained, the instrument first mentioned being void by the 34 G. 3. c. 68, s. 14. Kain v. Old and Others, Executors, H. 4 & 5 G. 4. Page 627 3. A. and B. (being owners of ninesixteenth shares of a ship and also husbands or managing owners) by deed sold five-sixteenths to C. The deed contained a covenant that C. should be appointed to the command of the ship, and that A. and B. should continue to have the management as husbands, and should elect the tradesmen, and appoint all the officers; and that if C. should relinquish the command or die, A. and B. should appoint such fit person to succeed him as might be approved of by him or his executors, or that he or they might nominate a fit person to the command in his stead, and that A. and B. should be employed as the agent of C. in the concerns of the ship; and if C. should be minded to sell all or any of his shares, he might do so upon condition that the purchasers should laden with goods were to be deemabide by the stipulations in the ed of the burden described in the certificate of registry. Bishop and Another v. Macintosh and Another, H. 4 & 5 G. 4. 556 2. Defendants' testator being sole, owner of a ship, signed and de deed, and not remove A. and B., or the survivor of them, from being managing owners, so long as they should perform the stipulations on their part: Held, that although the covenant to continue A. and B. B. as C's agents in the concerns. SHIP OWNER. SIMONY. Where a contract was made for the SLANDER. See PLEADING, 18. SLAVE TRADE. 635 A bil was in fact drawn on the 21st day of December for 211. payable two months after date; but on the face of it purported to bear date on the 31st; it was held to require only a stamp of 2s. which is imposed by 55 G. 3. c. 184. on bills for that sum, not exceeding two months after date. The word date as there used meaning the period of payment expressed on the face of the bill. Upstone and Another v. Marchant, T. 4 G. 4. Page 10 A promissory note for 407. payable to bearer generally, and therefore in law payable on demand, is within the first class of promissory notes in schedule, part 1., to the 55. G. 3. c. 184., and requires a 5s. stamp. Whitlock v. Underwood, T. 4 G. 4. 157 3. An assignment by indenture of a judgment-debt is not an assignment of property within the meaning of the 55 G. 3. c. 184., sch. part. 1., tit. Conveyance, and does not therefore require an ad valorem stamp; but must have the ordinary deed-stamp. Warren v. Howe, M.4 G.4. 281 4. A. having consigned goods to B., sent him the following order: "Pay to A. B. the proceeds of a shipment of goods, value about 2000., consigned by me to you.", C., by writing, consented to pay. over the full amount of the net proceeds of the goods: Held, that neither of these instruments required such a stamp as the stamp acts imposed on bills, drafts, or orders for the payment of money. Jones and Another v. Simpson and Others, M. 4 G. 4. 318 STOCK JOBBING. See EVIDENCE, 14. STOPPAGE IN TRANSITU. See VENDOR AND VENDEE, 5. TENEMENT. See RATE. TOLL. By a turnpike act, a toll of 44d. was imposed upon every horse or other beast drawing any coach or other carriage; for every horse drawing singly any carriage, the same toll; for every horse drawing any waggon or other such carriage drawn by two horses or more, the sum of 3d.; for every horse laden or unladen, and not drawing, the sum of 1d. The statute then provided that no person should be liable to pay toll more than once in any one day at any toll gate for passing and repassing in any one day with the same horses and carriages through the same, but all persons having paid toll once, and producing a ticket denoting the payment of such toll, were afterwards to pass and repass with the same horses and carriages toll free during the same day. A stage coach, drawn by four horses, passed through a gate erected under this act of parliament, and paid the toll. In the evening of the same day, a different coach, called by the same name, belonging to the same proprietor, driven by the same coach'man, and drawn by the same, four horses, but carrying different passengers and different parcels for hire, passed through the same 1. Trespass for breaking and entering plaintiff's manor. Plea, first, general issue; second, that from time immemorial there hath been, and still is a public port, partly within the said manor, and also in a river, which has been a public navigable river from time immemorial, and that there is in that part of the port which is within the manor an ancient work necessary for the preservation of the port, and for the safety and convenience of the ships resorting to it; that this work was at the several times when, &c.in decay; that plaintiff would not repair it, but neglected so to do, wherefore defendants entered and repaired. Replication de injuria. Verdict for plaintiff on the first plea, and for defendants on the second: Held, that plaintiff was entitled to judgment non obstante veredicto, as the second plea did not state that immediate repairs were necessary, or that any one bound to do so had neglected to repair after notice, or that a reasonable time for repairing had elapsed, or that defendants had occasion to use the port. Quære, Whether the plea would have been good, had it contained those allegations? The Earl of Lonsdale v. Nelson and Others, M. 4G. 4. 1 302 gate: Held, that a second tell 2. Where the parish clerk refused to read in church a notice which was was payable in respect of this 1. The owner of a freehold house, in which there were various fixtures, sold it by auction. Nothing was said about the fixtures. A conveyance of the house was executed, and possession given to the purdchaser, the fixtures still remainTing in the house: Held, that they Li passed by the conveyance of the freehold; and that even if they did not, the vendor, after giving up the possession, could not maintain trover for them. A few articles, which were not fixtures, were also left in the house; the demand described them togther with the other articles, as fixtures, and the refusal was of the fixtures demanded: Held, that, upon this evidence, the plaintiff could not recover them in this action. Colegrave v. Dias Santos, T. 4 G. 4. 76 2. Where A. bought goods of a trader, who had previously committed an act of bankruptcy, and paid for them bona fide without knowledge of the bankruptcy: Held, that the assignees under a commission issued against the seller could not maintain trover for the goods, the payment being protected by the 1J. 1. c. 15. s. 14. Cash and Another, Assignees, v. Young, M. 4 G. 4. 413 3. A customer was in the habit of T indorsing and paying into his banker's hands bills not due, which, if approved, were immediately entered (as bills) to his credit, to the full amount, and he was then at liberty to draw for that amount by checks on the bank. The customer was charged with interest upon all cash payments to him, from the time when made, and upon all payments by bills from the time when they were due and paid; and had credit for interest upon cash paid into the bank from the time of the payment, and upon bills paid in from the time when the amount of them was received. The bankers paid away such bills to their customers as they thought fit. The bankers having become bankrupts, it was held, that the customer might maintain trover against their assignees for bills paid in by him, and remaining in specie in their hands, the cash balance, independently of the bills, being in favour of the customer at the time of the bankruptcy. Thompson and Others v. Giles and Others, Assignees, M. 4 G. 4. Page 422 4. A. by contract sold to B. a quantity of tallow, then lying at a wharf, at so much per cwt.; and on the same day gave a written order upon the wharfingers to weigh, deliver, transfer, and re-house the same. B. having entered into a contract to sell tallow to C. obtained from the wharfingers and gave to C. a written acknowledgment that they had transferred the tallow to the account of C., and that C. was to be liable to charges from a given date. B. having stopped payment, A. gave notice to the wharfingers not to deliver the tallow to B.'s order: Held, in an action of trover by C. against the wharfingers, that, after their acknowledgment, they held the tallow as the agents of C., and that they could not therefore 3U 2 set set up as a defence a right in A. to stop in transitu. Hawes and Another v. Watson, H. 4 & 5 G. 4. Page 510 TRUSTEES OF TURNPIKE See ACTION ON THE CASE, 5. UNDER-LEASE. See ANNUITY, 3. VARIANCE. 1. Where a declaration against a sheriff, for taking insufficient pledges in a replevin bond, stated, that the party replevying levied his plaint at the next county court, to wit, at the county court holden on, &c. before A., B., C., and D., suitors of the court;" which plaint was afterwards moved by re. fa. lo., and by that record it appeared that the plaint was levied at a court holden before E., F., G., H.: Held, that the variance was immaterial, for that it was unnecessary to state or prove the names of the suitors, and that they might be rejected as surplusage. Draper v. Garratt, T. 4 G. 4. VENDOR AND VENDEE. 1. The owner of a freehold house, in which there were various fixtures, sold it by auction. Nothing was said about the fixtures. A conveyance of the house was executed, and possession given to the purchaser, the fixtures still remaining in the house: Held, that they passed by the conveyance of the freehold; and that even if they did not, the vendor, after giving up the possession, could not maintain trover for them. A few articles which were not fixtures were also left in the house; the demand described them, together with the other articles, as fixtures, and the refusal was of the fixtures demand2ed: Held, that upon this evidence the plaintiff could not recover them in this action. Colegrave v. Dias Santos, T. 4 G. 4. 2. Declaration, that for certain hire and reward defendants undertook to carry goods from London and deliver them safely at Dover. The contract proved was, to carry and deliver safely (fire and robbery excepted): Held, that this was a variance. Latham v. Rutley, T. 4 G. 4. 20 3. Where in case for slander of title it appeared by the declaration that the plaintiff had a certain interest in the premises, and that by au agreement between himself and the defendant (from whom he derived that interest) he had a clear 76 2. A., being seised in fee of the manor of F. and the demesne lands thereof and of all the coal mines lying under the manor, enfeoffed C. D. of and in certain closes, except and always reserved to the feoffor, his heirs and assigns, all tithes of corn and grain, and also except and always reserved out of the said feoffment unto the feoffor and his heirs all the coals in all or any of the said lands and premises, together with free liberty for them the |