1. An insolvent assigned over his ef-
fects for the benefit of his creditors,
and in the deed there was a proviso that
the shares of those creditors who did
not execute it before a given day,
should be paid to the insolvent;
agreement made between the insolvent
and a creditor, that the latter should
sign the deed, and the former pay the
remainder of the whole debt, is fraudu-
lent and void. Jackson v. Lomas. Hil.
31 Geo. 3.
166
2. A prisoner who has lost the benefit
of the Lords' Act, 32 Geo. 2. c. 28. by
the ignorance or mistake, or even mis-
conduct of an agent, may afterwards
be discharged under 20 Geo. 3. c.
44. which provides relief for those

INSURANCE.

In an action by the assured of goods
against the underwriters for a loss by
the barratry of the master, proof that
the person described in the policy as
master, and who was treated with and
acted as such, carried the ship out of
her course for fraudulent purposes of
his own, is prima facie sufficient to en-
title the plaintiff to recover, without
shewing negatively that he was not
the owner, or affirmatively that any
other person was. Ross v. Hunter. Mich.
31 Geo. 3.

33

And where the voyage insured was
from Jamaica to New Orleans, which
lies up the river Mississippi, and the
captain proceeded on his voyage as
far as the mouth of that river, and then
dropped anchor, and went up the ri
ver in his boat for a fraudulent pur-
pose of his own, it was held that the
dropping of his anchor with such frau-
dulent intent was an act of barratry, and
not merely a deviation.
ib.
3. Provisions

3 Provisions sent out in a ship for the
use of the crew are protected by a po-
licy on the ship and furniture. Brough
v. Whitmore, Hil. 31 Geo. 3.

206

4. If an armed force board a ship, and
take a part of the cargo, the under-
writers are not liable on a count stat-
ing the loss to be by a seizure by peo-
ple to the plaintiffs unknown; for
people" in the policy means "the
governing power of the country.”
Nesbitt v. Lushington, Trin. 32 Geo. 3.
783
5. Where, after such a seizure, the ves-
sel was stranded, and part of the cargo
(consisting of corn) taken by the mob
at their own price, the loss cannot be
recovered, as for a general average:
but for such part as in consequence of
the stranding was damaged and thrown
overboard, the insured may recover
on a count stating the loss to be by
ib.
stranding.

JOINDER IN ACTION.

See Pleading, No. 9, 10.

ISSUE.

See Devise, No. 6, 7; Feigned Issue.

JURISDICTION.

4.

6.

action, bill, plaint, suit, or informa-

tion.

109

But though the 4th sect. of the 21
Jac. 1. c. 4. enables a defendant to
plead the general issue, and give the
special matter in evidence, yet he can-
not avail himself under such plea of
any matter which goes to the jurisdic-
ib.
tion of the Court.

5. By charter the mayor and some of
the aldermen of London have jurisdic-
tion in Southwark, but as the charter
contains no non-intromittent clause as
to the justices of the county of Surry,
the latter have a concurrent jurisdic-
tion with the former. R. v. Sainsbury,
451
Mich. 32 Geo. 3.
Where two sets of magistrates have
a concurrent jurisdiction, and one ap-
points a meeting to grant ale licences,
their jurisdiction attaches, so as to ex-
clude the others appointing a subse-
quent meeting; but they may all meet
ib.
together on the first day.
7. But if after such appointment the
other set of magistrates meet on a sub-
sequent day, and grant other licences,
their proceeding is illegal, and the sub-
ject of an indictment.

ib.

8. Where the acts of commissioners ap-
pointed by a paving act occasion`a
damage to an individual, without any
excess of jurisdiction on their part,
the commissioners or paviors acting un-
der them are not liable to an action.
The Governor, &c. of the British Cast
Plate Manufacturers v. Meredith, Trin.
32 Geo. 3.

794

See Annuity, No. 6; Appeal, No. 7;
County Stock; Order of Removal,
No. 3.

Jac. 1. c. 4.

JURY.

JUSTICES OF PEACE.

See Hackney Coaches; Indictment, No. 2;
Jurisdiction, No. 5, 6, 7.

K.

KING'S BENCH PRISON.

LAND-

1. A licence by the patron to the incum-
bent (who had given the former a
bond to reside on the living, or to re-
sign if he did not return after notice)
to absent himself, may be revoked.
Bagshaw v. Bossley, Mich. 31 Geo. 3.

2

LIEN.

LANDLORD.

4

1. An indictment for publishing libellous
matter, reflecting on the memory of a
dead person, not alleging that it was
done with a design to bring contempt
on the family of the deceased, to stir
up the hatred of the king's subjects
against them, and to excite his rela-
tions to a breach of the peace, cannot
be supported. R. v. Topham, Hil. 31

Geo. 3.
126
2. Proof that the defendant gave a bond
to the stamp-office for the duties on the
advertisements in a newspaper, under
the stat. 29 Geo. 3. c. 50. s. 10. and
had occasionally applied at the stamp-
office respecting the duties, is evidence
that he is the publisher.
ib.

LIME-KILN.

See Pleading, No. 19.

LIMITATIONS.

78

1. By a marriage-settlement lands were
conveyed to trustees to the use of the
wife for life, remainder to the use of
the husband for life, remainder to the
use of all and every the children of
the marriage, or such of them, and
for such estates, &c. as the husband
and wife should appoint; and for
want of such appointment, to the use
of all and every the child or children
equally, if more than one, as tenants
in common, and if but one, then to
such only child, his or her heirs or
assigns for ever; remainder over. In
the deed was contained a power, en-
abling the settlers to revoke the uses
of the settlement, and the trustees
to sell the estate, and convey it to a
purchaser, so as the purchase-money
should be paid to the trustees (and
not the settlers) and invested in the
purchase of other lands to the same
uses: it was held, that the remainder to
the children was a vested remainder in
fee, liable however to be divested by
an appointment by the parents. Doe
d. Willis v. Martin, Mich. 31 Geo. 3.

361

1. A feme covert cannot sue without her
husband as a sole trader by the cus-
tom of London in the superior Courts
of Westminster. Caudell v. Shaw,
Trin. 31 Geo. 3.
2. Where a feme covert, sole trader,
gave a bond and warrant of attorney
to enter up judgment, on which the
plaintiff afterwards took out execution,
the Court set aside the judgment, as
entered up without authority, on the
motion of the assignees of the wife (who
had become a bankrupt) with the con-
sent of the husband, which was also en-
tered in the rule. Read v. Jewson, Hil.
13 Geo. 3. B. R. cited.

See Jurisdiction, No. 5, 6, 7.

LORDS' ACT.

862

See Bills of Exchange, No. 12; Costs,
No. 8; Insolvent, No. 2, 3.

LOTTERY.

1. The printer of a newspaper publish-
ing an illegal proposal for gambling in
the lottery, incurs a penalty under
22 Geo. 3. c. 47. s. 13. which enacts
that no person shall sell the chances of
tickets, &c. nor publish any proposal

233

2. In the case of a private eleemosynary
lay foundation, if no special visitor be
appointed by the founder, the right
of visitation, in default of his heirs,
devolves upon the king, to be exercised
by his great seal; and on that ground
this Court refused to interfere by man-
damus to compel the master and fel-
lows of St. Catherine's Hall, Cam-
bridge, to declare one of their fellow-
ships vacant, and to proceed to a new
election. R. v. The Master and Fel-
lows of St. Catherine's Hall, Cambridge,
E. 31 Geo. 3.
3. A mandamus to a corporation to put
the corporate seal to the certificate of
the election of a corporator, in order
that it may be laid before the king for
his approbation, is granted of course.
R. v. The Mayor, &c. of York, Trin.
32 Geo. 3.
699
4. Therefore such a writ was granted,
directed to the corporation of York, on
an affidavit that the recorder, apply-
ing, had the majority of legal votes;
though it was stated that the other
candidate had the majority at the elec-

tion,

Mich. 32 Geo. 3.

443
2. To constitute a court baron, it must
be held before two free suitors at least,
ib. Rumsey v. Walton, Hereford Sum.
Ass. 1760, cor. Foster, J.
446
3. In a quo warranto information the de-
fendant relied on an election by a ho-
mage consisting of twenty-three free
tenants; the jury found on a special
verdict that twenty-one of those per-
sons were not free tenants; and this
Court held the election to be void.
R. v. Mein, Mich. 32 Geo. 3. 480
See Game Laws.

MARKET.

See Hawker; Toll, No. 1, 2, 3.

MARRIAGE.

1. The defendant gave a promissory
note to the plaintiff in consideration
of the plaintiff's marrying his daugh-
ter, which marriage was had in fact,
and believed to be valid and intend-
ed to be so by all parties, and after
the wife's death the defendant was
sued on the note; the jury presum-
ing a subsequent legal marriage, gave
a verdict for the plaintiff, which this
Court refused to set aside. Wil-
kinson v. Payne, Mich. 32 Geo. 3.

468