CONSIDERATION.

See ANNUITY, 2, 3.

ASSUMPSIT, 2.
LIMITATIONS, Statute of.

CONSIGNMENT. See AGENT, 2, 3. LIEN.

CONSTABLE.

Where constables were directed under a warrant to search for and take black cloth, supposed to have been stolen, and they took cloths of a different description and colour, and carried them before a magistrate, refusing, at the time they took them, to inform the owner whether they acted under a warrant or not:Held, that they were within the protection of the statute 24 Geo. 2. c. 44. s. 8., and therefore, that an action against them ought to have been commenced within six calendar months from the time of such taking; and it seems, that that section applies to all cases of constables acting as such. Smith v. Wiltshire, E. 2 G. 4. Page 322

CONTRACT.

See VARIANCE, 1.

CONVERSION.

See TROVER.

CONVEYANCE.

See RECOVERY, 4.

COSTS.

See EJECTMENT, 2.

1. A. brought an action of use and occupation against B. and recovered a verdict, and B. after

wards commenced an action of trespass against A. for seizing his cattle for rent due, and A. suffered judgment by default, and on a writ of inquiry, B. recovered 11. more in damages than A. had obtained in his action:-Held, that the costs of the one might be set off against the other, although it appeared that A. was insolvent, and that his attorney would be thereby deprived of his security for costs. Lomas v. Mellor, M. 1 G. 4.

Page 95 2. Where the defendant had obtained a verdict, and the Court granted a new trial, on the ground that it was against evidence, and directed the costs of the former trial to abide the event of the second, and on that trial the plaintiff had a verdict :Held, that he was only entitled to the costs of such second trial. Brown v. Boyn, H. 1 & 2 G. 4.

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3. An attorney plaintiff, is not compellable to sue in a court of requests, unless his privilege is taken away by the express words or necessary construction of the statute establishing such court. Where, therefore, an attorney of this Court, sued here by attachment of privilege, and recovered less than 57., the Court refused to restrain him from taking out execution for costs, although the debt for which the action was brought was recoverable under the 47 Geo. 3. c. 37, which enacts, that "if any action should be brought in any other court for a debt not exceeding 5l., and recoverable by virtue of that act, in the court of Requests established thereby, the plaintiff, by reason of a verdict for him, should not have any costs.'" Johnson v. Bray, E. 2 G. 4. 622

COURT OF REQUESTS. See COSTS, 3.

COVENANT.

See ANNUITY, 1.
BOND.

EXECUTORS, 1.

LIEN.

POWER, 1.
USURY.

VARIANCE, 2.

1. The plaintiffs being possessed of lands, which they held under the Archbishop of Canterbury by lease, renewable on payment of certain fines and fees, under-let such lands to the defendant for a term, who covenanted that "he would from time to time, and at every time during the said term, pay to the plaintiffs, or the Archbishop, such part of the fines and fees, which, upon every renewal by the plaintiffs, of the lease by which they held the premises demised, (among others) should be paid or payable by the plaintiffs in respect of the premises thereby demised to the defendant:-Held, that the reasonable construction of this co'venant was, that the defendant only intended to pay fines commensurate with his interest in the premises. Charlton v. Driver, M. 1 G. 4. Page 59 2. To an action of covenant by tenants in common, for not repairing a messuage :-Plea, that the lessee, after the demise to him, and before the breach complained of, had purchased the interest of one of the lessors, whereby the lessee became teuant in common of the premises with the plaintiff's-Held ill, on general demurrer, and that the action was properly brought, Gates v. Cole, E. 2 G. 4.

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codicil, reciting the testator's will, and the death of his brother, and that the testator was possessed of considerable fortune, both real and personal, he, after a devise of a term of years in Ireland, to his nephew J. B., devised all his estates and lands in Hertfordshire, Finchley, and Middlesex, to his nephew G.E.B., and certain other lands in Ireland to his nephews L. B. and C. B.; and afterwards directed that his said nephews should not be entitled to the possession of their estates until they respectively became of age; and that, if one or more of them should die before attaining twenty-one, then he devised the estate of him or them so dying to his nephew J. B. and his issue lawfully begotten; and if J. B. should die without issue, then to his next brother G. E. B.; and for default of such issue in G. E. B. to his nephew L. B., and his issue; and in default of such issue in L. B., to his nephew C. B. and his issue:-There was a similar limitation to his nephew S. B. and his issue, and for default of such issue to his niece C. B. and her issue, under such restrictions and limitations as she should think fit to dispose of the same amongst her issue, it being the intent of the will to prevent waste, by making the several children of the devisor's deceased brother, tenants for life only. The codicil then gave powers for devisors' nephews to make reasonable settlements on their wives, and to dispose of their respective estates among the issue of such marriages as they should think proper to limit and appoint. He then bequeathed the residue not disposed of to

his nephews and niece aforesaid, except his nephew S. B., to be divided among them equally at their respective ages of twentyone; the shares of him or them so dying, to go to the survivor or survivors of them:- Held, that G. E. B. took an estate for life only, in the lands situate in the county of Hertford, devised to him by virtue of this will and codicil. Bruce v. Bainbridge, M. 1 G. 4. Page 1 2. Devise of lands, &c. charged with two annuities, and subject to certain legacies, to trustees, their heirs and assigns, until devisor's nephew A., son of his sister B., should attain twenty-one, and if he should die in the mean time, until C., second son of B., should arrive at that age; and if C. should die in the mean time, until the daughter of B. should attain twenty-one-upon trust, to raise out of the rents of the premises, or by sale or mortgage thereof, portions for C. and the younger children of B., payable on their attaining twenty-one ; and further, to apply a proper sum out of the rents, for the maintenance and education of A. till he should attain twentyone, and then to pay him the residue, and if he should die before twenty-one, then to apply a like sum for the maintenance of C. till he should attain that age, and then to pay him the residue, and in the mean time, to place out the money arising from the rents, at interest, for the benefit of A.; and when A. should attain twenty-one, or in case of his death, when and as soon as C. should arrive at that age, or in case of his death, when the daughter of B. should attain twenty-one, to the use of A, and

his assigns for life, sans waste, remainder to trustees to preserve contingent remainders; and after the death of A., to the use of his first and other sons, &c. in strict tail, and for default of such issue, to the use of C., with similar limitations over to his niece the daughter of B., and an ultimate remainder to B. in fee. The devisor also directed, that his plate and furniture should remain in his house as heir looms. He died, leaving his sister B., her sons A. and C., and three younger children, alive. A. married, and died intestate, under twentyone, leaving a daughter, D.Held, first, that D. became entitled to the estates devised, as tenant in tail, immediately on the death of her father, subject to the annuities and legacies as charged by the will. Secondly, that the heir-looms, being personalty, vested absolutely in her on the death of her father; and, thirdly, that the personal representative of A. was entitled to the savings of the rents and profits of the estates accrued in his life-time, subject to the said annuities and legacies. Warter v. Hutchinson, H. 1 & 2 G. 4.

DISTRESS.

See POWER.

REPLEVIN, 1, 2.
VARIANCE.

Page 143

1. A distress on growing crops of

corn of the vendee of the sheriff for rent accruing due to the landlord subsequently to the entry under the execution and sale, cannot be sustained, unless such vendee allow the crops to remain uncut an unreasonable time after

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1. Where several tenants had been duly served with a copy of a declaration in ejectment, judgment may be entered against the casual ejector, although the notice at the foot of the declaration was not addressed to any or either of such tenants. Doe, d. Pearson v. Roe, M. 1 G. 4. 2. In every action of ejectment, the defendant must in future specify in the consent rule for what premises he intends to defend, and must consent in such rule to confess upon the trial, that the defendant (if he defends as tenant, or in case he defends as landlord, that his tenant) was, at the time of the service of the declaration, in the possession of such premises; and if upon the trial, the defendant shall not confess such possession, as well as lease, entry, and ouster, whereby the plaintiff shall not be able further to prosecute his suit against the said defendant, then no costs shall be allowed for not further prosecuting the same, but the said defendant shall pay costs to the plaintiff, in that case to be taxed. Reg. Gen. H. 1 & 2 G. 4. 3. In all country ejectments which shall be served before the essoign day, either of Michaelmas or Easter Term, the time for

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the appearance of the tenant in possession must be within four days after the end of such Michaelmas or Easter Term, and must not be postponed till the fourth day after the end of Hilary or Trinity Term next respectively following. Reg. Gen. E. 2 G. 4. Page 637

ENROLMENT. See ANNUITY, 2, 3.

ESCAPE. See SHERIFF, 2.

ESSOIGN.

See EJECTMENT, 3.

ESTATE FOR LIFE.

See DEVISE, 1.