REGULA GENERALIS. It is ordered, that in all country ejectments which 22d May, 1821. END OF EASTER TERM. R. DALLAS. J. A. PARK. J. RICHARDSON. 1821. of the annuity, to his child or children for the residue of the term; and if there should be no child, to the widow of N. P. ASSIGNEES OF BANKRUPT. See BANKRUPTCY, 4. EVIDENCE, 17. ASSUMPSIT. N. P. died within the term intes- See PLEADING, 3, 4, 5. 7, 8. MONEY tate, and without appointment, leaving M. E. P., an only child, who also died during the term in HAD AND RECEIVED. ATTORNEY. testate and without appointment. And see EVIDENCE, 1. PLEADING, 5. The wife of N. P. died during his life. Held, that the administrator of M. E. P. could not sue the Defendant on this deed for nonpayment of the annuity. Barford v. Stuckey. Page 333 3. Held, that a bond, in the condition whereof it was recited that the Plaintiff was entitled to an interest in certain veins of coal for her life, and that she, by indentures of even date with the bond, had assigned such interest to the Defendants, who, in consideration thereof, had agreed to pay her an annuity for her life, for the payment of which the bond was conditioned, did not require enrolment under stat. 23 G. 3. c. 141. And that, in cases of fair and bona fide sale of landed property, whether freehold for life or leasehold for term of years, when the consideration in part or in whole, is an annuity to be paid to the ven 2. BANKRUPTCY, 8. 1. A replevin clerk, who is partner in an attorney's firm, must sue alone for the expenses of preparing a replevin bond, though it be prepared at the office of the firm. Brandon v. Hubbard. Page 11 An attorney of C. B., suing in that court by privilege, may, on a verdict for a sum under 5l., have, by reason of his privilege, judg ment and execution for costs; notwithstanding the debt for which he sues is recoverable, under the 47 G. 3. c. 37., which enacts, that "if any action shall be commenced in any other court for a debt not exceeding 5., and recoverable by virtue of that act in the Court of Requests, established thereby, the Plaintiff, by reason of a verdict for him, shall not have any costs." Johnson v. Bray. AVERMENT. 698 dor, the consideration for granting See PLEADING, and BILLS OF Ex the annuity being an estate in land, bond fide sold and conveyed, is not a pecuniary consideration, or money's worth, within the staJames v. James. tute. 702 CHANGE. AVOWRY. See PLEADING, 1. 6. 11. . AN INDEX TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME. ABANDONMENT. ACCEPTANCE. ADMINISTRATOR. AFFIDAVIT TO HOLD TO BAIL. AGREEMENT. WHERE A. entered into and stated the consideration to consist signed an agreement, as agent | 2. Deed between B. J. B. and the of B., and B. shortly afterwards ANNUITY. And see PLEADING, 3. 452 1. The memorial of an annuity deed Defendant of the one part, and of 6. If a trader gives a general order to be denied to all comers, this is sufficient evidence of a beginning to keep house with intention to delay creditors. Ibid. A beginning to keep house with such intention, constitutes an act of bankruptcy, though no creditor is actually delayed. Ibid. 8. Where the mortgaged estate of a bankrupt is sold under the order in Chancery of 8th March, 1794, at the request of the mortgagee, and the mortgagee is the purchaser at the sale, he is liable, in an action for money paid, to reimburse the solicitor under the commission the expences of the sale. Bowles v. Perring. BILL OF EXCHANGE. And see EVIDENCE, 20. 457 If a bill of exchange be accepted, payable at a particular place, the declaration in an action on such bill against the acceptor, must aver presentment at that place, and the averment must be proved. Rowe v. Young. 165 BILL OF LADING. Under a bil of lading, by which goods were to be delivered "to J. A., nett proceeds paid to H. T., as per advice, or to his assigns, he or they paying freight for the said goods as per charter-party:" Held, that the freight was to be paid by J. A., and that H. T. was only entitled to what remained after such Thomson v. Adams. payment. Page 450 BOND. See ANNUITY, 3. CHARTER-PARTY. By charter-party between Defendant, owner of a ship, and G. L. Defendant granted and to freight let, and G. L. took and to freight hired the ship for the voyage. Defendant covenanted that the master should receive on board at London, goods to be sent alongside by G. L., and deliver them from alongside at Newfoundland, according to bills of lading, there receive, and deliver at Demerara other goods, in like manner; and there, in like manner, receive other goods, and deliver them in the London dock, according to bills of lading; and that the ship's boats should assist in loading and unloading, so as the exclusive duties and operations of the ship should not be thereby im peded. In consideration whereof, G. L. covenanted to send and take from alongside goods, and to pay for the freight and hire of the ship for the voyage 2600l., with primage, &c., one quarter part thereof on delivery of goods at Newfoundland, by good bills at 60 days' sight on London, and the remainder by good bills at two months' date from the day BAIL. See PRACTICE, 6, 7. BAIL BOND. See BANKRUPTcy, 1. BANKRUPTCY. And see Partnership. ING, 4. EVIDence, 17. PLEAD 1. The Defendant, in an action on a bail-bond (given in an action of debt against himself), becoming bankrupt between plea and verdict in the action on the bailbond, and obtaining his certificate after judgment, is discharged from the damages and costs. Dinsdale v. Eames. Page 8 2. Held, that evidence of a dealing in hops was properly admitted in a cause brought to try the validity of a commission of bankrupt describing the Plaintiff as dealer in cattle, seeking his trade of living by buying and selling. Hale v. Small. 25 3. A trader assigned a ship to A. in trust to pay a debt due from the trader to A. and his partners, but, with their permission, retained the possession and disposition of the ship at the time of his bankruptcy: Held, that the ship passed to the assignees under the commission of bankruptcy, by virtue of the 21 J.1. c. 19. s. 11., although before the act of bankruptcy the register was indorsed to A., and shortly afterwards (three months before the issuing of the commission) the ship was newly registered in his name, and continued so registered at the time the commission was issued. The 21 J. 1. c. 19. is not repealed as to shipping, by the ship register acts. Monkhouse v. Hay. Page 114 4. In November, 1818, a commission of bankruptcy was issued against M. and Co., under which the Defendants were appointed assignees. H., being indebted to M. and Co., had deposited with the Defendants, as assignees of M. and Co., a promissory note; and, in January, 1819, paid this debt to the Defendants as such assignees, who then delivered the note back to him. H. had, unknown to any of the parties, in May, 1818, committed an act of bankruptcy; and in May, 1819, a commission issued against him. the commission against M. and Co. was superseded; and, in September, 1819, a new commission issued against them, under which the Defendants were again chosen assignees. Between the superseding of the first commission against M. and Co. and the re-appointment of the Defendants as assignees under the second, the Plaintiffs, as assignces of H., demanded of the Defendants the sum which H. had paid to them as assignees of M. and Co. In an action by the Plaintiffs as assignees of H. against the Defendants in their own right, for the money received by them from H., the jury having found a verdict for the Defendants, the Court In August, 1819, refused |