An extent in aid having issued, the Crown debtor and debtor paravail referred all matters in difference between them to arbitration; afterwards and before the award was made, the debtor paravail took the benefit of the Insolvent Debtors' Act, and inserted in his schedule the debt due to the Crown debtor: the Court set aside the award, because the prosecutor was not entitled to prerogative privilege to secure him from the effect of a public statute upon the private agreement of the parties. Rex in aid of Hollis v. Bayham,

EXTORTION. See SHERIFF.

FEES.

See ATTORNEY.

130

FEME COVERT.

See HUSBAND AND WIFE.

FIERI FACIAS. See EXECUTION.

FOREIGNER. See LEGACY DUTY.

FORFEITURE.

See EJECTMENT.

FORMER RECOVERY.

A landlord sued his tenant for rent and on the money counts, and gave particulars on the count for money had and received for a quantity of stone quarried and carried away by the defendant. At the trial he took a general verdict, but for the amount of the rent only. The plaintiff brought another action against the defendant in case, for quarrying and carrying away the stone, and, a few days before the trial of the first action, delivered a particular in the second action for the same stone, exactly corresponding with the particular delivered on the count for money had and received in the first action:-Held, that the recovery in the first action was no bar to the plaintiff's recovering in the second. Hadley v. Green, 374

FRAUDULENT CONVEYANCE.

See DEED.

FREE WARREN. See DEED.

GENERAL ISSUE. See COSTS.

1. In February, 1816, a marriage took place between two minors by licence, without consent. They cohabited until June, 1816, when, from the misconduct of the husband, he was obliged to leave the house where they had been residing. They then lived separate until October, 1817, when the husband died. After the separation, in June, 1816, he, on various occasions, insisted that she was not his lawful wife, and gave that as a reason for not living with her again. There was some slight evidence of small sums supplied to the wife being allowed in the rent of a farm held under the husband, but under what circumstances did not appear:-Held, that these parties did not live together as man and wife until the death of the husband, within the meaning of 3 Geo. 4, c. 75, s. 2. Poole v. Poole,

66

2. In an action against husband and wife, on the note of the wife made dum sola, a witness stated that he knew A. B. (the wife) formerly, and had heard that she afterwards married E. F. (the husband). The witness was not cross-examined:-Held, sufficient prima facie evidence of marriage. Evans v. Morgan, 453

II. Liabilities of.

A wife, who was proved to have authority from her husband, a papermaker, to do certain acts in his trade, pledged paper which had no wrapper, label, or departure stamp on it; the Chief Baron was of opinion at the trial that the husband was not liable for this act of his wife, but the Court,

In an information for penalties for harbouring goods liable to the payment of duty, the jury found that the goods were imported in smuggling packages, and consequently were restricted from being imported :-Held, that such goods were, upon the construction of the stat. 6 Geo. 4, c. 107, s. 128, and 6 Geo. 4, c. 108, s. 52, prohibited, and should have been de

scribed as such in the information. The Attorney-General v. Key and Others,

INJUNCTION.

2

Where an injunction had issued against the defendants in an equity suit, restraining them from disposing of the estate of their testator, the Court refused to stay proceedings against them in an action in which the

1. An irregularity must be complained of at the earliest stage. Where, therefore, the plaintiff obtained a verdict in Trinity Term, upon which, on the 9th June, he signed judgment, without delivering a bill of costs; and, on the 10th or 11th, seized the defendant's goods in execution; and on the 21st a docket was struck; on the 22nd, a commission issued; and on the 24th, the defendant was adjudged a bankrupt; on the 5th July assignees were chosen; and, on 6th July, an application was made to set aside the proceedings:Held, that the application was too late, and that, if there were an irregularity, it was waived. Routledge v. Giles,

163

2. Where, a rule nisi having been obtained to set aside an attachment for irregularity, the defendant's attorney offered to waive the proceedings and pay the costs; notwithstanding which the rule was persisted in the Court made the rule absolute, with costs up to the time of the offer, the plaintiff's attorney to pay the costs subsequently incurred. Halton v. Stocking,

60

LEGACY DUTY.

1. A testator gave a life estate in his freehold property to C. T., and, after her decease, and in the event of her husband J. T. surviving her, he gave him an "annuity or yearly rentcharge" of 500l., payable quarterly, "with such power and remedy of distress and entry, and perception of rents, in case the annuity should be in arrear, as are reserved to lessors for the recovery of rents on leases for years;" and, subject to that annuity, he gave his real estates in moieties to R. J. in fee, and to W. J. for life-Held, that legacy duty was payable upon this devise to J. T., by R. J. and W. J., the parties interested in the land subject to the annuity, though interested in moieties, the one in fee and the other for life only. The Attorney-General v. Randle Jackson and William Jackson, 101

2. Property in this country belonging to a foreigner, who dies abroad, and appoints an English executor, and bequeaths to English legatees, is not liable to legacy duty. In re Bruce, 436 3. A testator, born in America, A.D. 1764, went to Scotland when

LIBERUM TENEMENTUM.

a minor for the purposes of education, and, after he had attained his majority in 1788, sailed for India, describing himself in the ship's books as an American; he remained in India thirty years, when he returned to Europe, leaving the bulk of his property in Bengal; and afterwards, having been in America, visited England, Scotland, and the Continent, when he returned to America, entered into agricultural pursuits there, and continued to draw his property to that country until his death at New York in 1826:-Held, that he was an American citizen. Ibid.

4. A testator born in Scotland, who resided and died in India, leaving real and personal property there situate, but no assets in England, by his will and testamentary papers, left the whole of his property in equal divisions to his four natural children, or the survivors of them, and their heirs, subject to legacies and annuities. His executors obtained an Indian probate, and paid the debts and bequests, and converted the principal part of the estate into money, which they sent to their bankers in England, and invested it in the funds in their own names. Proceedings were commenced in England against the executors, to determine the claims under the will; whereupon the stock was transferred into the name of the Accountant-General of the Court of Chancery, and the Court made a decree ascertaining the shares of the several claimants :Held, that the legacy duty was not payable on legacies or shares of the residue bequeathed. Jackson v. Forbes, 382

LIBEL.

See PLEADING.

LIBERUM TENEMENTUM. See PLEADING.