SESSIONS.

See APPEAL, I. II.-COUNTY TREASURER, 2.

SETTLEMENT. I. By estate.

1. To gain a settlement by estate the party must have an estate in possession. Rex v. Ringstead. Page 67 2. Messuage A. was devised to M., durante viduitate, and, after her decease or re-marriage, A. and also messuage B., of which the testator made no other disposition, were devised in fee to N., who was not heir to the devisor:-Held, that N. took no estate in A. or B. till after the death or marriage of M., during whose widowhood B. descended to the heir of the devisor, and that therefore N. gained no settlement by residing in the parish where the messuages were situate, while M. continued alive and unmarried. ibid.

II. By renting a tenement. 3. Under 6 Geo. 4, c. 57, a pauper renting a dwelling-house for a year, at the yearly rent of 10l. and residing in it forty days, but underletting part of it, is the "occupier," and thereby acquires a settlement: per Littledale and Parke, JJ.; dissentiente, Bayley, J. Rex v. Inhabitants of Ditcheat. 151

4. It is not necessary, in establishing a settlement under 59 Geo. 3, c. 50, to prove that the tenement is of the actual value of 10l. a year: it is sufficient if it be proved to have been bonâ fide hired at that sum. Rex v. Ashfield-cum-Thorpe. 709

III. By apprenticeship.

1. An undertaking by the mother of an apprentice, without the knowledge of her husband, to pay the master a sum of money beyond the premium inserted in the indenture and paid by the husband at the time of its execution (the stamps on the indenture heing sufficient for both

IV. By hiring and service. 6. An adult contracts to serve a plumb

er as an articled servant for four years; to learn his trade at weekly wages; to be considered as an outapprentice; to do gardening or any other work his master may set him about; and when ill, not to receive wages; the master agreeing to teach him his trade. This is not a contract of hiring and service, but an imperfect contract of apprenticeship, service under which does not confer a settlement. Rex v. Tipton.

703 7. A pauper was "hired for a year at 4s. 6d. a week, to work from six in the morning till seven in the evening, and to make as much overwork as he chose:"-Held, an exceptive hiring, service under which conferred no settlement. Rex v. Birmingham. 691 8. A local-militia-man hired himself to serve for a year, without disclosing to his master the fact that he was in the militia:-Held, that this was not a lawful hiring within 3 W. & M. c. 11, s. 7, the servant not being sui juris, or capable of so hiring himself, notwithstanding the provisions of 48 Geo. 3, c. 111, ss. 15 and 24, (the local militia act in force at the time.) Rex v. Taunton St. James. 695

ly, that the parol communication made to the pauper was not admissible evidence to explain the written agreement. Rex v. St. John, Devizes. Page 680

V. By acknowledgment.

10. Relief given by one parish to a pauper residing in another, is primá facie evidence of his being settled in the relieving parish. Rex v. Yar

11. But though the Court of Quarter

the abode and addition, or other description of the parties against whom it issues, is received by the sheriff without objection, the Court will not set aside the writ, unless this non-compliance with the rule H. 2 & 3 Geo. 4 place the sheriff in a position in which he ought not to stand, as where it subjects him to the risk of an action for an es cape. Clarke v. Palmer. Page 141

II. Liabilities of Sheriff.

So.

ibid.

cape.

142 (a)

II. On bills and notes.

2. On the day before an acceptance becomes due, the name of the acceptor is erased, and a new contract between the acceptor and the drawer, who is also the holder, is indorsed on the bill, but is not stamped. The jury cannot look at the indorsement for the purpose of ascertaining whether the acceptance was struck out with the drawer's assent. Sweeting v. Halse.

III. On indentures.
See APPRENTIce, 1.

IV. On mortgages.

Page 287

3. A bond and a mortgage executed on the same day, for securing the same sum of money, but bearing different dates, require an ad valorem stamp on each instrument. Wood v. Norton.

STATUTES.

673

49. c. 26. Public Office.

58. c. 45. 59. c. 50.

Select Vestry.

641

190

431

7 & 8. c. 30. ss. 20, 30. Malicious

Trespass.

STOCK.

I. Bequest of.

1. Although stock be specifically bequeathed, the executor may compel the Bank to permit him to transfer it, unless it appear that he has assented to the bequest. Franklin v. The Bank of England.

II. Reinvestment of.

See INSOLVENT DEBTOR, 1, 2.

405

21. c. 15.

471

c. 16.

447 (a)

Charles 2.

13 & 14. c. 12. Settlement.

710

See ARTICLES OF WAR, 1.

STORES.

11

SUBMISSION.

See ARBITRAMENT, 3.

SUMMONS.

See ERROR, 1.-MALICIOUS TRESPASS, 2.-MANdamus, 1.

SURETY.

See ANNUITY, 3.

SURRENDER.

I. Requisites of, in respect of surrenderor.

1. Cancellation (of a lease) is not a surrender by operation of law. Doe v. Thomas. Page 218 2. A lease found in a cancelled state in the possession of the lessor is not evidence that such lease has been surrendered either by deed, or by note in writing. ibid.

II. Assent of surrenderee.

3. Where particular tenant surrenders to him in reversion or remainder, and the reversioner or remainderman afterwards assents to the surrender, such assent shall relate back to the period of the surrender.

TRADING.

See BANKRUPT, 2.

TRANSFER OF STOCK. See BANK OF ENGLAND, 1.

TREASURER.

See COUNTY TREASURER, 1.-TURNPIKE ROADS, 1.

TREES.

I. Sale of.

See VENDOR AND PURCHASER, 1. II. Malicious destruction of. See MALICIOUS TRESPASS, 1.

TRESPASS.

I. Against whom maintainable. See MASTER AND SERVANT, 1.

II. Pleadings in.

See TRIAL, 1.

TRIAL.

1. Course of proceeding at. J. Where in trespass the defendant justifies under a right of way, without pleading not guilty, and the plaintiff traverses the justification, and (a) new assigns, and the defendant suffers judgment by default on the new assignment, the defendant is entitled to begin, notwithstanding the plaintiff has to prove his damages on the new assignment. Rees v. Rogers. Page 294, n. 2. Where a special jury cause is not tried because neither party prays a tales, the defendant cannot have judgment as in case of a nonsuit, or try the cause by proviso. Phillips v. Dance.

TRIAL BY PROVISO. See TRIAL, 2.

584

(a) The words in italics are omitted by mistake in the report.

VOL. IV.

TROVER.

See PRACTICE, I.

I. Conversion.

1. A trader, in contemplation of bankruptcy, delivered bills of exchange to a creditor, who received the money due upon them after the bankruptcy. The assignee brought trover for the bills:-Held, that the receipt of the money by the creditor was not a conversion, and that the plaintiff could not recover without proving a demand and refusal before the bills became due. Jones v. Fort. Page 547

TRUSTEE.

And see TRUSts, 2.

I. When liable to a common law action. See ACCOUNT, 1.

II. When liable to a penal action. See TURNPIKE Roads.

TRUSTS.

1. Where equivalent to "duties.” 245, 247

2. A trust estate may be waived by parol. 191, n.

TURNPIKE ROADS.

I. Trustees holding places of profit. 1. By 3 Geo. 4, c. 126, s. 65, no trustee of a turnpike road shall enjoy any office or place of profit under any act of parliament in execution of which he shall have been appointed, or shall act; and if any such trustee shall, without having first resigned such office, hold any such office, he shall forfeit 1007. A trustee who holds the office of treasurer, which may be made an office of profit, is within the penal provisions of this statute though he make no profit of the office in his own person. Delane v. Hillcoat. 175

3 E