also frequently advisable to stipulate against the clerk's setting up business within a limited distance."

p. 80, note (m), for 4 Bing. " 409," read 4 Bing. " 309."

VOL.I.

PART I. Chap. II.

p. 82. "As to contribution by co-sureties, Collins v. Prosser, Master and 1 B. & C. 682."

p. 83, 1. 2, from top, at word "account," add a note-" In Montague v. Fidecombe and Hoskins, 2 Vern. 518, such a stipulation was given effect to on behalf of a surety. Chit. Eq. Dig. 264."

clerk.

CHAPTER III.

RIGHTS TO PERSONALTY, INJURIES, ANd remedies IN

PARTICULAR.

VOL. I.

PART I. Chap. 111.

The term personal property defined.

Page 84, 1. 1, at word "property," add, as a note-" See as to the term Property, and the several kinds, 2 Bla. Com. per tot. Sometimes the import of that word in the statutes, as in the Stamp Act, 55 G. 3, c. 184, schedule tit. Conveyance, has been discussed. It has been held that neither a judgment, 2 B. & C. 281, 3 D. & R. 294, S. C., nor a policy of insurance, unless a loss has occurred, is property under the Stamp Acts. See 9 B. & C. 396."

p. 84, n. (a), dele-" An interest in."

p. 86, 1. 11 from bottom, add-" And the fishing stores of a vessel engaged in the Greenland fisheries are considered as appurtenances of a vessel, under 53 Geo. 3, c. 159, and therefore liable to contribute in compensation for damage done. Dundee, 1 Hagg. 109."

p. 86, 1. 9 from bottom, add-" The full import of the terms appendant and appurtenant will be more properly considered under the head of real property, post, 158."

p. 89, 1.7 from top, after word " offence," add-“ Any material injury to a dog or any personal property, is punishable summarily under the 7 & 8 Geo. 4, c. 30, s. 24; upon which act there has been a recent decision as to the power of apprehension of a person for unnecessarily injuring a dog. Hanway v. Boultbee, 2 Mood. & M. 15; 4 Car. & Pa. 350, S. C."

p. 89, 1. 17 from top, add note at "decoy,"-" See further as to decoys, post, 188."

p. 89, n. (e), add " 46," at end of note.

p. 90, n. (q), add-" As to the distinction between goods and fixtures, see Clark v. Crownshaw, 3 Bar. & Adol. 804, and post, 94, 149, 150, 161.”

p. 91, n. (a), add-" And see construction in a criminal case of setting fire to a ship of a part owner, R. v. Philip, 1 Mood. Cr. C. 263; and as to the distinction that a purchaser of a ship need not take possession, see post, 460; and see Stuart v. Powell, 1 B. & Adol. 269."

p. 91, n. (n), add-" But note in Porter v. Tournay, mentioned in Roberts on Wills, vol. i. 423, the Master of the Rolls is reported to have said that the words live and dead stock are of too ambiguous an import to receive any certain construction by themselves; though in Cox v. Godsalve, 6 East, 604, in note, and West v. Moore, 8 East, 339, growing crops may pass under term stock of farm."

p. 92, 1. 2 from bottom, after word "life," add-" or in fee, and although fit to cut for hay."

VOL. I.

PART I.

Chap. III.

p. 92, n. (g), add-" Emblements are confined to one season Emblements. after sowing, and does not create a right to take the produce

of seeds sowed with corn. Graves v. Weld, 5 Bar. & Adol. 105."

p. 92, last line, add-" A landlord is entitled to emblements or growing crops, in case of forfeiture by the tenant's own act. Davis v. Eyton, 7 Bing. 154. And so is a mortgagee. 1 Price, 53, 58; and see 3 Bing. 11."

p. 92, n. (r), add-" Toller, 6 ed. 192, 193."

p. 92, (b). Emblements.-Add reference to "Graves v. Weld, 5 Bar. & Adol. 105, according to which emblements at most extend to the first year's growth of corn, grain or seed, sown before the death of a tenant for life, and not to aftermath of clover seed."

p. 93.

"Garden border box cannot be removed by tenant. Empson v. Soden, 4 Bar. & Adol. 655."

p. 94, 1. 10, add-" Agricultural Produce, farming stock, Agricultural live or dead, and implements of husbandry, as well in Great produce, &c.

VOL. I. PART I. Chap. III.

Stock and pro

perty in funds.

Britain as Ireland, are so far protected and privileged, that
when upon any farm, they are exempted from stamp duties on
insurances, by 3 & 4 Will. 4, c. 23, s. 5; and when the land
on which
crops have been grown are held under an express
covenant or agreement, prescribing that they shall be con-
sumed upon the premises, the same cannot be sold or carried
off the farm under an execution against the tenant, in prejudice
of the covenant, and deterioration of the land; 56 Geo. 3, c.
50. But this Act does not extend to an execution at the suit
of the King, 6 Price R. 94; and see construction, Peacock v.
Jarvis, 5 Moore, 79, 2 Brod. & B. 362, S. C.; Eaton v. South-
by, Willes, 131; Coombes v. Beaumont, 5 Bar. & Adolp. 72.
And the same provision was extended to distresses for tithe,
taxes, and rates. 7 & 8 Geo. 4, c. 17."

p. 94, margin, at word "Fixtures," add as a note-" See further fully, post, 161; and see how far the annexation of fixtures to the freehold privileges them, post, 149, 150; and Clark v. Crownshaw, 3 B. & Adol. 804."

p. 95, 1. 7 from top, at "recovered," add-" Even as to the term household furniture, there are decisions upon its import. As to what things are household furniture, see Chit. Eq. Dig. 495; and Kelly v. Powlett, Amb. 610; 1 Dick. 559. As to what is ship's furniture, see The Dundee, 1 Hagg. Adm. Rep. 126."

p. 95, 1. 15 from bottom, at "heir-loom," add a note-" As to what are heir-looms and incidents, see Chit. Eq. Dig. tit. Heir-looms, and id. tit. Chattels Personal."

p. 95, n. (e), add-"Chit. Eq. Dig. Heir-looms and Chattels Personal."

p. 95, margin, at "Canal Shares, &c." add, as a note,—“ As to these, see further, post, 197, and Glamorganshire Canal Company v. Blakemore, 1 Clark & Fin. 262."

p. 96, n. (k), add "3 Chitty Commercial Law, 284; 2 Dow. Rep. N. S. Stock is a mere perpetual annuity, redeemable at the pleasure of government. R. v. St. John's, Maddermarket, 6 East, 182. Semble, an estate sold to be paid for in stock, no ad valorum duty is payable, MS. opinion. Action lies against the Bank for not transferring, 15 Ves. 569.

In

case of a bequest of stock the legal interest remains in executor till his assent, 9 B. & C. 156."

p. 96, n. (r), add-" Grogan v. Cook, 2 Ball & B. 233; England v. Lunn, 15 Ves. 577."

p. 96, n. (s), add-❝ England v. Lunn, 15 Ves. 577."

p. 97, 1. 4, add-" East India Stock and its transfer are regulated principally by charter of 5th September, 1698, 10 W. 3, and stock may be devised by will, attested by three credible witnesses; but the devisee is not to devise or transfer till a memorandum has been entered on the books of the Company. Ante, 96, n. (p)."

VOL. I.

PART I.

Chap. III.

p. 97, l. 10, add-" the term 'Securities for Money' in a Securities for devise will not pass a mortgage security. 9 Bar. & C. 267.'

money, &c.

debts.

p. 98, 1. 15, add-" We may here mention a recent great Interest on improvement of the law relative to the right to Interest. When, by the express terms of the contract, interest was payable, and in a few other cases interest was at common law recoverable, but in many others it was not, not even for money lent. Catton v. Bragg, 15 East, 223; 3 Bing. 259; Higgins v. Sargent, 2 B. & C. 348; Page v. Newman, 378. See alleged reason, 9 B. & C. 380; 6 Bing. 380. The 3 & 4 W. 4, c. 42, provides, that, upon all debts, or sums certain, the jury, on a trial or inquiry, may allow interest at 5l. per cent., from the time when the sum was payable, or from the time of demand and notice in writing that interest will be required. 3 & 4 W. 4, c. 42, s. 28, 29, 30, where see other provisions; and see post, 3d Part, 499, fully. And hence, in general, a creditor should either obtain an express contract for interest, or give a written notice as soon as the debt is payable. See post, 499, form of notice, requiring the prospective payment of such interest."

p. 98, 1, 17 from bottom, add-" comprising music, dramatic pieces, whether tragedy, comedy, play, opera, farce, or other dramatic literary property."

p. 98, n. (m), add—" and see the act as to dramatic literary property, and the sole right of representing and publishing the same, 3 W. 4, c. 15."

p. 100, n. (w), add-" and see 16 East, 36; 4 Taunt. 326."