Page images

DOWER. To entitle a widow to damages in dower, it must be alleged and proved, that the husband died seised of an estate of inheritance. Morgan Jones v. W. Jones, Gent., one, &c. 601

which landlords may, where the right of entry accrues in or after Hilary or Trinity Terms, serve ejectments at any time within ten days after the right of entry accrues, applies only to issuable terms. Doe v. Roe, 123


A bishop issued a requisition under 57 Geo. 3, c. 99, s. 50, requiring the vicar of W. to nominate a curate with a stipend, on the ground that it appeared to the bishop, of his own knowledge, that the ecclesiastical duties of the vicarage and parish church of W. were inadequately performed by reason of the vicar's negligence. The vicar appointed no curate, and did not appeal to the archbishop. The bishop, after three months, licensed the Rev. A. B., clerk, as curate of W., with a stipend. The vicar refused to allow A. B. to officiate ; upon which the bishop issued a mandate or summons to shew cause why the vicar should not pay the stipend due, and ultimately proceeded to sequestration :-Held, that the requisition upon which the whole of the proceedings were founded was in the nature of a judgment, and void, as the party had had no opportunity of being heard. Capel v. Child, 558

2. Such a requisition ought to state particular instances of negligence, or show how the incumbent was negli

Ibid. 3. Per Vaughan and Bolland, Barons, the 50th section of the 57 Geo. 3, c. 99, does not apply to the case of a benefice with only one church and no chapel.


(2) On Whom. 1. An affidavit of service of a declaration in ejectment, upon “ A. B. and C. D., tenants in possession, as executors," is insufficient. Doe v. Roe,

45 2. A declaration and notice in ejectment having been nailed upon the door of the premises, the tenant's wife called upon the person who had attempted to serve the ejectment, and requested to know what she was to do with the paper; he explained it to her, and recommended her to go to the plaintiff's attorney; she replied, she would see her husband immediately, and recommend him to do so :Held, that this was not a good service. Doe d. Briggs v. Roe, 202

3. An ejectment may be served upon the wife of the tenant in possession off the premises, provided she be living with her husband at the time.



II. Judgment against the Casual

Ejector. 1. Where several tenants in possession are served with separate copies of an ejectment, one rule is sufficient against the casual ejector. Doe v. Roe,

670 2. Acceptance of a declaration in ejectment by an attorney of another Court, is not sufficient ground for a rule (either absolute or nisi) for judgment against the casual ejector. Doe d. Walker v. Roe,


I. Service of Declaration.

(1) When. The stat. 1 W. 4, c. 70, s. 36, by

III. Appearance. 1. Where a tenant, without giving


originally commenced in the Court to which the writ of error is directed. Ricketts v. Lewis,


See Bail.



(2) Costs of.

SHERIFF. See Attorney-General v. Key, p. 10.

A plaintiff cannot have concurrent

writs of fi. fa. and ca. sa., and act ESTREATS.

under both ; and therefore, where a Verification of

defendant was taken under a ca. sa.,

before the return of a fi. fa. under Where the amount is under 51.,

which the plaintiff had seized, though clerks of the peace, &c. may verify

the whole amount of the levy was their returns of estreats, &c. to this

swallowed up by the landlord's claim Court by affidavit, without a coin

for rent, except 17s. 6d., which went mission or personal appearance. Ex

towards the expenses of the execution parte Tomlins,


-The Court discharged the defend

ant out of custody. Hodgkinson v. EVIDENCE. Whalley,

86 See BANKRUPT. Deeds.



See LEGACY Duty.


In Aid.

An extent in aid having issued,

the Crown debtor and debtor paraVARIANCE.

vail referred all matters in difference VENUE.

between them to arbitration ; after. 1. Quære, as to the power of the

wards and before the award was made, Court to restrain a party from taking

the debtor paravail took the benefit an obiection to evidence at Nisi Prius l of the Insolvent Debtors' Act, and -.g. the production of an unstamped

inserted in his schedule the debt due agreement. Travis v. Collins, 625 to the Crown debtor : the Court set 2. The printed particulars under

aside the award, because the prosewhich a sale by auction proceeds,

cutor was not eniitled to prerogative cannot be varied by parol evidence of privilege to secure him from the effect the verbal statement of the auctioneer

of a public statute upon the private at the time of the sale, either as to agreement of the parties. Rex in the parcels or quality of the subjeci aid of Ilollis v. Bayham, matter of sale. Shelton v. Livius,


EXTORTION. 3. It makes no difference, that the

See Sheriff. question arises on a sub-sale of the same subject-matter by the purchaser.




[ocr errors]

for debt and costs must be confined to the value of the lands descended. Brown v. Shuker and Others, 311

upon motion, held that the authority of the wife was a question for the jury. The Attorney-General v. Riddle.

493 III. Dover. See Dower.


See Deed.


See Practice.



I. Marriage. 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

INDORSEMENT. Of Bills of Lading.

See Ship.

INFERIOR COURT. See Court of Requests.

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

INJUNCTION. 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

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,

« PreviousContinue »