Slike strani

are bad.

the wine was, by A.'s consent, includ- party with high treason in “ compass. ed in the composition. The compo- ing &c. the main and wounding" of sition money was secured by bills, and His Majesty, and with “compassing A. had a claim against B. beyond the &c. the wounding" of His Majesty, price of the wine. Before the whole

Ibid. of the composition was paid, B. de- 3. The prisoner, in a case of high manded the wine of A., who refused treason, has a right to address the to deliver it:-Held, that he was Jury in addition to the speeches of his bound to deliver it, as he had under- counsel-and semble, that both the taken to do so; and that the doctrine prisoner's counsel have a right to adwith respect to stoppage in transitu dress the Jury, although there be no did not apply under the circumstances. evidence on the part of the defence. Nichols v. Hart, 179

Ibid. 2. A., a publisher, had for some

HIGHWAY years supplied a periodical work to

See WAY. W. as fast as the numbers came out.

A road had been repaired by a paW. died, and A., not knowing of his death, continued sending the numbers

rish, and persons on horseback had

used it; but there was no evidence that of the work by the stage coach, addressed to W. These numbers were

any carriage had ever gone along the

whole length of it:-Held, that the received by B., who had succeeded to

parish could not be convicted of nonthe property of W., and there was no

repair of it on an indictment stating it evidence that B. had ever offered to return them :-Held, that A. might

to be a way for carriages; and that

there should have been a count in the maintain an action for goods sold and

indictment charging it to be a way for delivered against B., though at the

horses. Rex v. The Inhabitants of St. time of the deliveries A. was not


579 aware of the death of W. Weatherby

HORSE. v. Banham,


A. let a horse on hire to B. for one GUARANTIE.

month, B. kept it for two months, and A

then sold it to C.:-Held, that A. person gave a guarantie in these words, “I hereby agree to be answer

might recover the value of the horse able for the payment of 501. for T.

from C., although C. had acted boná L. In case T. L. does not pay for the fide, and had paid B. the full value.

313 gin, &c. he receives from you, I will

Shelley v. Ford, pay you the amount:"Held, that it

HORSE RACE. was not a continuing guarantie. Nicholson v. Paget,


1. The clerk of the course at a race

cannot set off a claim of an unpaid HIGH TREASON.

stake due from the plaintiff on one 1. If a true bill be found against a race against a stake of another race person for high treason, the Judge won by the plaintiff's horse. Charlton , the counsel

147 to 2. furnish the solicitor to the Treasury cannot bring actions for unpaid stakes. with a list of the persons to be sum

Ibid. moned on the jury, that a copy of

HUSBAND AND WIFE. it may be delivered to the prisoner. Collins,

305 See EVIDENCE, 1, 2.- LEGITIMACY. 2. Semble, that counts charging a 1. To make a husband liable for


Rex v.

Rex v.

his wife's board and lodging at the terial to be given in evidence, as it house of a third person, when the wife formed a part of the facts of the case. leaves in consequence of a dispute, it The Judge received the evidence, and must be shewn, either that his conduct did not direct the second prosecution rendered it improper for her to live to be abandoned. Rex v. Salisbury, with him, or that he knew where she

155 was residing, and did not make any 3. An indictment preferred in 2 offer to take her back, except upon Will. 4, for a felony committed on the conditions which he had no right to 12th of March, 1830, charged the ofmake. Reed v. Moore,

200 fence to have been “against the peace 2. A man is answerable to a third of our Lord the King." This was obperson for what is done by his wife, jected to as soon as the case for the so long as the relation of husband an prosecution had closed. The prisoner wife continues, though they may be was convicted, and the fifteen Judges permanently living apart; at least, if held the conviction right. Rex v. it be not shewn that the wife at the Chalmers,

331 time was living in adultery. Head v. 4. In an indictment the property Briscoe,

481 was laid in J. H. It appeared that

the prosecutor's name was J. W. H.: IMPRISONMENT.

-Held, not material, if he was geneA woman died after a very short rally known by the name of J. H. illness; rumours were generally in cir


601 culation in the neighbourhood where she had lived that her husband bad

INSANITY. poisoned her, and a great crowd was To justify the acquittal of a pricollected in front of his house ; upon soner indicted for murder on the which the constable of the parish, with- ground of insanity, the Jury must be out any warrant, took him into cus

satisfied that he was incapable of tody, and conveyed him before a ma- judging between right and wrong, gistrate, who detained him till medical and at the time of committing the act men had reported the cause of death, did not consider that it was an ofand then discharged him:-Held, that,

fence against the laws of God and naif the Jury were of opinion that the ture. Rex v. Offord.

168 constable had reasonable ground of suspicion to justify the apprehension,

INSOLVENT. the action could not be maintained.

See RELEASE. Nicholson v. Hardwick,


1. An insolvent debtor, omitting to

state in his schedule debts due to him, INDICTMENT.

is not indictable for perjury, although See LARCENY, 1.-MANSLAUGHTER,

he has sworn to the truth of his sche1, 2, 3, 7.-MURDER, 2, 3, 5.- dule; but he must be indicted for a PoACHING.--Riot Act.

misdemeanor, under sect. 70 of the 1. Where an indictment is tried at insolvent debtors' act, 7 Geo. 4, c. 57. Nisi Prius, the nisi prius record does Perjury under sect. 71 of that act is not shew what names were on the only committed as to things falsely statback of the indictment.

Rex v.

ed in the schedule. Rex v. Moody, 23 Smyth,

201 2. The form of oath at the end of 2. On an indictment for felony, a an insolvent's schedule is an affidavit matter, which was the subject of an- in writing, and may be so stated in an other indictment for felony, was ma

indictment for perjury.

Ibid. Ibid.

3. Debts due to the insolvent are made out; but it is enough, if the ineffects or property,” within sect. 70 formation be withheld, although the of the insolvent debtors' act. Ibid. party withholding may only have erred

4. In an action by the assignee of in judgment. Elton v. Larkins, 86 an insolvent, it is necessary to prove 2. In general, it is not necessary the provisional assignment, although, that the assured should communicate by the Insolvent Debtors' Act, 7 Geo. the time of sailing; yet, if it be such 4, c. 57, it must be executed at the as to make the ship a missing ship, time of signing the petition, on which then it becomes a material fact, and the adjudication of the Insolvent should be communicated. Ibid. Debtors' Court (which is a court of 3. Whether underwriters at Lloyd's record) is founded. Jeffery v. Robin- must be taken, under all circumstanson,

230 ces, with reference to insurances, to 5. In an action by the assignee of be cognizant of the contents of the an insolvent, a letter written by the foreign lists filed in the reading room defendant was given in evidence; on


Ibid. the back of it something had been 4. In a question of marine insurwritten by the insolvent:-Held, that ance, a material concealment is a conthe defendant's counsel were entitled to cealment of facts, which, if communihave it read. Dagleish v. Dodd, 238 cated to the underwriter, would in

6. If an insolvent knows at the duce him either to refuse the insurtime of filing his schedule that a bill ance altogether, or not to effect it exof exchange had been indorsed to a cept at a larger premium than the particular person some time before, ordinary premium; and a letter conhe is bound to give notice to that taining facts, which, if communicated, person, although he cannot tell whe- would lead to inquiry, which would ther be continues to be holder at the produce important information, ought time of filing the schedule. Pugh v. to be shewn by the assured to the Hookham,

376 underwriter. Ellon v. Larkins, 385 7. A. received from B., an insol- 5. A party is not bound, at the vent, the pawnbroker's duplicate of a time of effecting a policy, to commubarp, which was an undue preference nicate the time of sailing of the ship, under sect. 32 of the Insolvent Act, unless at that time it is a missing 7 Geo. 4, c. 57. A. took the harp out ship; neither is he bound to commuof pawn:—Held, that, as against the nicate any knowledge he may have of assignees, A. had no lien on the harp the time of sailing of another vessel for the sum he paid to take it out of from the same place, either before or pawn. Ayling v. Williams, 399 at the same time as his own, unless he

8. Semble, that, where a party claims knows of something particular having to hold goods for his general balance, happened to such other vessel, which he cannot object that a smaller sum, might affect the insurance of his own. for which he really has a lien, has not

Ibid. been tendered to him.

Ibid, 6. Where material facts are known

to the assured at the time of effecting INSURANCE.

a policy, be is bound to communicate

them; and the circumstance of their See PRINCIPAL AND AGENT.

being contained in what are called 1. It is not necessary, to defeat an Lloyd's Lists, which the underwriter action on a policy of insurance on a has the power of inspecting, will not ship, on the ground of concealment of dispense with the necessity of such material facts, that fraud should be l communication.




The witness who was called to prove Interest cannot be recovered on that Wednesday was the expiration of money had and received, or money

the current week of the tenancy, said, paid, without a special agreement; but,

" that he guessed” the defendant came if money was at first had and receive in "about a Tuesday or a Wednesday, ed, and there is a subsequent agree

but had no recollection which :ment to pay interest, the plaintiff'may

Held, insufficient. Doe v. Bayley, 67 recover such

and interest on a

3. A tenant from year to year of a count for money had and received, house is only bound to keep it wind and on a count for interest, and need and water tight.

A tenant, who conot declare specially. Hicks v. Ma- venants to repair, is to sustain and

uphold the premises; but that is not

438 reco, JURY.

so with a tenant from year to year. Auworth v. Johnson,

239 On the trial at bar of an informa

4. A., a tenant, owed rent to B., tion, the Special Jury were summoned from a distant county, in which the

his landlord; B. distrained for more offence was not charged to have been

rent than was due, and removed the committed :-Held, that the Court

goods to the auction rooms of C.; A. had no power to order their expenses


C. notice not to sell, and C. de

livered the goods back to the person to be paid. The Jurors who tried this information were only paid one

from whom he received them:-Held,

that, as some rent was due from A. to guinea each, and other Jurors who had come from the same county, and had

B., C. was not liable to A. in an action

of trover. Whitworth v. Smith, 2,50 been summoned to try another information, which was not tried, were not

5. In case for selling goods under

a distress, without appraisement, if paid any thing. Rex v. Pinney, 254

the sum produced is less than the fair JUSTICE OF THE PEACE.

value to the tenant, he may recover the

difference without any allegation of See MAGISTRATE.

special damage. Knotts v. Curtis, 322

6. A. rented land of B., who was LANDLORD AND TENANT.

trustec of certain property, a part of See DISTRESS.

which was this land, the rents of which 1. A., the landlord of premises, B. was to pay in certain shares; one sued B. as assignee of a lease, for of these shares belonged to the wife rent due, with a count for use and of A. B. bad in his hands a greater occupation. At the trial, A.


in amount due to A. in right of his wife, the lease, which was a lease to W., than the rent amounted to:-Held, who had taken the benefit of the In- that this could not be set off against the solvent Debtors' Act. It was proved rent, without a special agreement to that B. had occupied the premises, that effect. Willson v. Davenport, 531 and had treated A. as landlord, and In replevin, a defendant avowed, had paid rent to him; but that the for rent payable yearly, for rent paylease had never been assigned:-able half-yearly, and for rent payable Held, that A. could not

quarterly, and to each of these avowagainst B., either for the rent or for ries the plaintiff pleaded non tenuit, the use and occupation. Hyde v. and riens in arrear. A holding at a Moakes,

42 rent payable half-yearly was proved, 2. In ejectment against a weekly and half a year's rent to be due, and tenant, the notice proved was, to quit the jury were directed to find for on Wednesday, the 4th of August. the plaintiff on the first and fifth is




vues, for the defendant on the third

LEGITIMACY. and fourth, and the jury were dis- 1. If a husband have access, and charged on the second and sixth is

others at the same period have a Ibid.

criminal intimacy with his wife, and 7. Upon a count for not selling she have a child, such child is legitigoods distrained at the best prices, mate; but, if the husband and wife the plaintiff may go into evidence to

live separately, and the wife is notoshew that the goods were allowed to

riously living in adultery, a child born stand in the rain, and that they were under such circumstances would be improperly lotted. Poynter v. Buck

illegitimate, although the husband had ley,


an opportunity of access. Cope v. LARCENY. Cope,


2. On the trial of an issue, in which See Post Office.

the question is, whether A. is the legi1. An indictment for stealing a timate son of B., neither the declarabank-note did not conclude contra for

tion of B., nor of his wife, the mother mam slaluti:-Held, by the 15 Judges, of A., are receivable to shew that A. that it was bad. Rex v. Pearson, 121

is illegitimate.

Ibid. 2. A. went to the shop of B., and

LIBEL. asked for shawls for Mrs. D. to look at; B. gave her five; she pawned two,

See Evidence, 3, 4, 10, 11, 12.and three were found at her lodgings.

SLANDER. Mrs. D. was not called as a witness: 1. The declaration in an action for Held, that A., on this evidence, could libel alleged that the plaintiff was a not be convicted of a larceny in stealing good and faithful subject, &c., and the goods of B. Rex v. Savage, 143 that he was a medical practitioner,

3. A. had consigned three trusses and stated the libel to have been pubof hay to B., and had sent them by lished of and concerning him, and of the prisoner's cart; the prisoner took and concerning him in his said

pracaway one of the trusses, which was

tice. No evidence was given of any found in his stable, but not broken licence or authority to practise, nor up:-Held, no larceny, as the pri- was the plaintiff mentioned in the lisoner did not break up the truss. bel as a regular medical man, but Rex v. Pratley,

533 merely as “ Physician extraordinary 4. A bible had been given to a so- to several ladies of distinction," and ciety of Wesleyans, and it had been "doctor, or rather quack:"-Held, bound at the expense of the society. that this did not withdraw the claim B. stated that he was one of the trus. to damages in the medical capacity tees of the chapel, and also a member from the consideration of the jury, of the society. No trust deed was but that they might give such damages produced:-Held, that, in an indict. as they thought right, both for that ment for stealing the bible, the pro

and the libel on the plaintiff's private perty was rightly laid in B. and others. character. Long v. Chubb, 55 Rex v. Boulton,

537 2. Every wilful unauthorized pub5. If a poacher take a gun by force lication, injurious to the character of from a gamekeeper, under the inpres- another, is a libel; but, where the sion that it may be used against him, writer is acting on any duty, legal or it is not felony, though he state after- moral, towards the person to whom wards that he will sell the gun, and it he writes, or where he has, by his sibe not subsequently heard of, Rex v. tuation, to protect the interests of that Holloway,

524 other, that which he writes, under

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