selves and such other creditors of A. as should execute the deed, provided the trustees and creditors executed on or before a certain day. The deed contained an absolute covenant that the trustees and creditors would not sue, arrest, implead, or prosecute A. or his executors, &c. or his or their goods, lands, &c.; and it was executed within the time by B. and C., but not by D. or E. The deed enures as a release of the debts owing to B. and C.; and a commission of bankrupt afterwards issued by B. is void, for want of a subsisting petitioning creditor's debt. Small v. Marwood. Page 181

II. With bankrupt, under 6 Geo. 4, c. 16, s. 133.

See BANKRUPT, VII.

III. For tithes.

See TITHES, 1.

COMPUTATION.

See HUNDRED, 2.-JUSTICES, 4.RATE, 5.

CONSIDERATION.

See ACTION, 1.-LOAN, 1, 2.--TOLL,

1, 2.

CONSTRUCTION.

See DEED, 2.

CONTINUING BREACH. See COVENANT, 4.

CONTRACT.

And see AGREEMENT.

I. Entirety of.
See ACTION, 2.

II. Evidence of.
See AGENT, 4.

CONVERSION. See TROVER.

COPYHOLD.

I. Allotments to Copyholders. 1. An ancient tenement is granted to A. B. and C. for life, successively, according to the custom of the After the grant, by an act

manor.

for inclosing the waste lands of the manor, all persons having rights of common over the wastes are required to give a written statement of their claims to the commissioners, whose determination is to be final; and the commissioners are to allot the wastes among all persons and proprietors interested therein in respect of their ancient tenements; and immediately after such allotment the lands allotted are to enure to the same uses and purposes as the tenements in respect of which the allotments are made, were or would have been holden. Neither A. nor C. make any claim. B. makes a claim, and the commissioners award allotments to B. and to the lord, according to their respective rights and interests, in respect of the ancient tenement. The claim by B. enures for the benefit of all parties interested in the ancient tenement; and the legal estate in the allotments is vested in A. B. and C. successively, by the award. Doe v. Hellard. Page 736

CORPORATION.
I. Charter.

1. Where a charter of incorporation directs that certain officers be elected out of the burgesses and inhabitants, an usage to elect noninhabitant burgesses is void. Rex v. Salway. 314 2. Nor is such usage rendered valid

by a charter of restoration granting "all elections and rights of election previously enjoyed by virtue or pretence (virtute vel prætextu) of any charter, or by any other lawful manner, right, or title. ibid.

II. Incompatible offices.

3. The common clerk of a borough is appointed by the mayor, aldermen, and bailiffs, removable at their pleasure, and with a salary variable at their pleasure, and it is his duty to attend the corporate meetings and take minutes of the proceedings. The office of such common clerk and that of alderman are incompatible; and the acceptance of the former vacates the latter. Rex v. Tizzard. Page 400 4. On a motion for a quo warranto information against a corporator on the ground of the acceptance of an incompatible office, the relator must shew a legal appointment to the second office. Rex v. Day. 541

III. Power of amotion.
See 60.

IV. Regularity of proceedings.
See SELECT VESTRY, 1.

COSTS.

I. For Plaintiff.

And see pl. 4.

1. By a charter granted to the College of Physicians, confirmed by statute, no one shall practise physic within the city of London, or seven miles round, unless licensed by the college, under a penalty of 51. per month, to be sued for by the college, payable half to the king and half to the college. The penalty is a debt vested in the college, the withholding of which is an injury for which damages may be recovered, entitling the college to receive costs if they succeed, and rendering them liable to pay costs under 4 Jac. 1, c. 3, s. 2, where they fail. College of Physicians v. Harrison.

405

2. A plaintiff who takes judgment of assets quando upon plene administravit, and obtains a verdict on non assumpsit testator, is entitled

to judgment for the costs de bonis testatoris, et si non, de bonis propris. Marshall v. Wilder. Page 607 II. For the defendant.

And see pl. 1.

3. Issue on justification, and a new assignment, on which judgment is suffered by default. Upon a verdict for the defendant on the issue he is entitled to the whole costs of the trial, provided no other plea covering the trespasses newly assigned be found for the plaintiff. Cross v. Johnson.

4.

290

Where the general issue is on the record and the defendant means to suffer judgment by default on a new assignment, so much of the general issue as applies to the trespasses newly assigned should be withdrawn.

ibid. 5. An executor nonsuited, &c. upon a declaration containing a count on an account stated with the plaintiff as executor, of moneys owing to him as executor, is liable for costs in respect of such count. Dowbiggin v. Harrison. 622 6. After a verdict for the defendant and a rule absolute for a new trial, the plaintiff discontinues the action: the defendant is entitled to the costs of the trial. Sweeting v. Halse.

III. Upon rules.
See PRACTICE, 4.

IV. Upon motion for criminal information.

See CRIMINAL INFORMATION, 2.

V. Security for costs.

544

and afterwards brought a second ejectment against other parties, who held other parts of the devised premises, the Court refused to stay the proceedings in the second action until the costs of the first were paid. Doe d. Taylor v. Harris. Page 569

COUNSEL.

See PRACTICE, 1.

COUNTY TREASURER.

I. Duties of

1. The bond given by the county treasurer to the clerk of the peace, under 12 Geo. 2, c. 29, extends to duties imposed on the treasurer by subsequent statutes. Farr v. Hollis.

230 2. A breach of such a bond may be assigned in the defendant as treasurer, having received a certain sum of money, and omitted to account for it, upon being required by the justices at sessions so to do, without adding that he was required to account by an order of justices. ibid. 3. Under 43 Geo. 3, c. 47, (Militia Act,) it was the duty of the county treasurer, who reimbursed payments made by overseers to the families of militia men, to transmit an account of such reimbursements to the treasurer of the county for which such militia men were serving. ibid. 4. But it was not the duty of such treasurer to demand the amount, or to take legal proceedings for obtaining payment, or to notify to the justices at sessions the transmission of such account and neglect of payment, or to transmit to the justices at sessions an account of similar payments made by himself to the treasurer of another county, that they might make orders for repayment upon the overseers of the parishes for which such militia men were serving.

ibid.

COURT-MARTIAL.

I. Jurisdiction.

1. The fraudulent charging bya purser of stores which were never issued, and the making of false entries in the ship's books to cover such charges, are an offence punishable according to the laws and customs in such cases used at sea," as amounting, under 25 Geo. 2, c. 2, s. 36, to 66 a crime not capital committed by persons in the fleet not before mentioned in the act, and for which no punishment is thereby directed to be inflicted." Mann v. Owen.

COVENANT.

Page 449