Exch. of Pleas, 1832. GROSJEAN V. MANNING. THIS cause stood for trial on Monday the 30th April. On Saturday the 28th, at 8 in the evening, the plaintiff gave notice of continuance to the next sittings, which were on the 7th May. The defendant did not appear on that day, and a verdict passed for the plaintiff, which Carrington moved to set aside, because, as he contended, the notice was not served two clear days before the sittings when the cause was to have been tried; and a rule having been granted Busby, who shewed cause, contended that the notice was sufficient; and he mentioned the case of bail being sued on their recognizance, where Sunday is reckoned; and a notice of countermand; and observed that the object of the rule was fully answered, as the defendant had ample time to apprize his witnesses that they would not be wanted on the day first appointed; although, if that were the only objection, it would resolve itself into a mere question of the costs of the day. PER CURIAM. The object of the rule was, that the party should have two clear business days after the notice. Sunday is no day for business. The defendant in fact had only 13 hours' notice, and had no time to send his witnesses back before Monday. Rule absolute. NEWTON V. MAXWELL. SCI. FA. against bail. One of the bail resided in Middle- The Court will sex, and the other in Surrey. The former was summon not give leave bail, on a summons of one in Middlesex, unless the other, resident out of Middlesex, is warned of the proceeding. Exch. of Pleas, ed, the latter had no notice of the proceeding. Eight 1832. days after the return of one sci. fa. pursuant to rule H. T. 2 W. 4 Kelly moved for leave to sign judgment for want of an appearance, but BAYLEY, B., said that the object of the rule was to prevent the plaintiff from proceeding behind the back of the bail, and without giving them notice of the steps which were taken. The bail out of Middlesex could not be summoned, but he must have notice before the Court could allow the judgment to be signed; and so— Nothing was taken. WILKINSON v. MALIN and Others. A trust to apply TRESPASS.-First count, on statute 8 Hen. 6, c. 9, for certain funds "towards the repairs of the church of W. a forcible entry into a dwelling-house and premises at W., the payment of the 15ths, and relief of the poor of W., buying of armour and setting forth soldiers, and repairing Sawbridge-bridge, within the parish of W.," is of a public nature; and, therefore, an act done by a majority of the trustees assembled for that purpose, is valid. Building a school-house, and educating poor children, is within the meaning of a trust for the "relief of the poor." The appointment of a schoolmaster, elected by a majority of the trustees at a meeting assembled for the purpose of the election, need not be in writing, nor can he be dismissed, except by a majority of the trustees at a similar meeting. An allegation, that certain persons were seised in fee of the premises, and used the same as a school-house, and also as and for the residence of the schoolmaster of the said school-house, is not inconsistent with evidence of a trust deed, limiting the nature of the appointment, and regulating the manner of dismissal; and possession of the premises is incident to the appointment of schoolmaster, whilst that employment continues. To a plea of liberum tenementum in certain persons, the plaintiff replied, soil and freehold in the same persons as trustees of a charitable fund, and in no other right whatsoever; and that the premises had been used by those persons, and their predecessors, as such trustees, for a schoolhouse, and for the residence of the schoolmaster; and that the plaintiff was duly appointed schoolmaster of the said school-house, by the then trustees of the said charitable fund, not naming nor stating a seisin in fee in the trustees who had appointed, nor any power by which the appointment was made, nor the trusts of the charitable fund, nor the deed by which they were created:-Held, good on motion to arrest the judgment. Where the words of a second deed are sufficient to pass the whole of the property conveyed by a former deed, and the intention to do so is clear, a mistake in describing the occupation will not vitiate. Evidence of an appointment as schoolmaster at a salary of 201. a year to himself for teaching boys, and 20% a year to his wife for teaching girls, satisfies an allegation of an appointment at a salary of 40%. 1832. WILKINSON v. MALIN. of which the plaintiff, a school-master, was seised in his de- Exch. of Pleas, mesne as of fee, and expelling him therefrom, alleging special damage-second count, for breaking, &c. a certain other dwelling-house of the plaintiff, with an asportavit and special damage-third count, for an expulsion-fourth, for forcibly turning the plaintiff and his family out of possession-fifth, de bonis asportatis-sixth and seventh, for assaults. Pleas-First, not guilty. Secondly, to the second count, that the dwelling-house and premises in the second count, were and are the freehold of J. Malin, and M. Jephcott, and of C. Cowley, Thomas Cock, W. Ellard, W. Dester, T. Hesom, T. Hancock, W. Crupper, and John Cock, wherefore, J. M., M. J., T. H., T. H., and T. C., in their own right entered, and the said other defendants, as their servants, and by their command, &c. entered &c. There were seven other similar pleas to the second count, stating the freehold to be in different individuals to the above ten. Replications-similiter to general issue. To the second plea, that said dwelling-house and premises, &c. were the dwelling-house and premises, close, soil, and freehold of the said J. Malin, M. Jephcott, C. Cowley, T. Cock, W. Ellard, W. Dester, T. Hesom, T. Hancock, W. Crupper, and John Cock, as trustees of a certain charitable fund theretofore granted for (amongst other things) the relief of the poor of W. aforesaid, and in no other right or capacity whatsoever, the said dwellinghouse, &c. were used by the said M. Jephcott, J. Malin, C. Cowley, T. Cock, W. Ellard, W. Dester, T. Hesom, T. Hancock, W. Crupper, and John Cock, as such trustees as aforesaid, and by their predecessors, trustees for the said charitable fund, for a school-house for the education and instruction of divers poor children of and belonging to W. as aforesaid; and also as and for the residence of the schoolmaster of said school-house; that, long before the said several times when &c., to wit, on 1st January, 1819, 1832. WILKINSON บ. MALIN. Exch. of Pleas, the plaintiff was duly appointed schoolmaster of said school-house by the then trustees of the said charitable fund, (the said dwelling-house, &c. being then and there the dwelling-house, &c. and freehold of the said last-mentioned trustees), upon the terms and stipulations (among other things) in substance following, that is to say, that the trustees for the time being of said charitable fund, should pay the plaintiff the wages or salary of 40%. annually, so long as he should continue such schoolmaster of said school-house as aforesaid; and that he, the said plaintiff, should have the peaceable and quiet possession of the said dwelling-house, &c. as and for his residence as such schoolmaster as aforesaid; that he accepted the said office upon the terms aforesaid, and entered into and had peaceable possession of the said dwelling-house and premises as such schoolmaster, and continued in such office, and was so possessed of the said dwelling-house, &c. from thence until said defendants broke and entered, &c. There were similar replications to each of the above pleas. The seventh and eighth replications were demurred to generally, and, on argument in a previous term, were held bad, the title pleaded not being founded on a seisin in fee, and not stating the names of the trustees, the charitable fund, or the nature of it; but the Court gave leave to amend on the payment of costs. The plaintiff thereupon filed a new replication to the seventh and eighth pleas respectively-That, long before the said several times when &c., in the said count in said declaration mentioned, and long before the said W. Dester, T. Hesom, T. Hancock, W. Crupper, and J. Cock, or any or either of them, had anything in said dwelling-house, with the appurtenances therein also mentioned, to wit, on the 1st January, 1819, the said M. Jephcott, T. Malin, C. Cowley, T. Cock, T. Ellard, now deceased, W. Ellard, and one Henry Mills, now deceased, were seised in their demesne as of fee (amongst other things) of and in said dwelling 1832. WILKINSON v. MALIN. house and premises, with the appurtenances, to wit, at W., Exch. of Pleas, &c., and then and there used the same as a school-house, for the education and instruction of divers poor children of W. aforesaid, and also as and for the residence of the schoolmaster of the said school-house; and, being so seised of the said dwelling-house and premises, with the appurtenances, and so using the same as aforesaid, the said M. Jephcott, J. Malin, C. Cowley, T. Cock, W. Ellard, H. Mills, and T. Ellard afterwards, and long before the said W. Dester, T. Hesom, T. Hancock, W. Crupper, and J. Cock, or any or either of them, had anything in said premises, to wit, on &c., at &c., duly appointed the said plaintiff to the employment of schoolmaster of the said schoolhouse, upon certain terms and stipulations, to wit, the terms and stipulations (amongst other things) in substance following; that is to say, that there should be paid to the said plaintiff certain wages or salary, to wit, the wages or salary of 401. annually, so long as he should continue such schoolmaster of the said school-house as aforesaid; and that the said plaintiff should be suffered and permitted to have the peaceable and quiet possession, use, occupation, and enjoyment of the said dwelling-house and premises, with the appurtenances, as and for his residence as such schoolmaster as aforesaid, until his dismissal from the said employment by a majority of the persons who, for the time being, should be seised of the said premises. And the plaintiff averred that he then and there accepted the said employment upon the terms and stipulations aforesaid, and then and there entered into and had the peaceable and quiet possession, use, occupation and enjoyment of the dwelling-house and premises, with the appurtenances, as such schoolmaster as aforesaid, and remained and continued in such employment, and so possessed of the said dwelling-house and premises, upon the terms and stipulations aforesaid, from thence continually, until the said de |