16. A poor person legally settled in
the parish of A., having come into
the parish of B. animo morandi,
there meets with an accident, such
as to make it dangerous actually to
remove him, or even to take him
before a justice to be examined as
to his settlement, and becomes
chargeable in consequence thereof,
cannot be regarded as casual poor;
and an order for his removal may
be made and suspended under 35
Geo. 3, c. 101, s. 1 & 2.
And such order being so made
and suspended, the parish of A. is
bound to pay to the officers of the
parish of B. expenses incurred by
them in curing and maintaining the
pauper during the suspension of
the order of removal.
But if such poor person had not
come into the parish of B., animo
morandi, he would have come with-
in the description of casual poor, and
would not have been removable.
So, if the poor person (e. g. a
foreigner) had no settlement else-
where. Semble. The King v. In-
habitants of Oldland.
V. Bastardy Order.
17. An application for an order, un-
der 4 & 5 Will. 4, c. 76, for the
maintenance of a bastard child,
which had become chargeable six-
teen days before the October ses-
VI. Appeal against Rate.
19. Quare, whether an objection to
a poor-rate upon an occupier, on
the ground that the character of
the occupation exempts from rate-
bility, is the subject of appeal
only, or may be raised in an ac-
tion of trespass or replevin. Go-
vernor of the Poor of Bristol v.
Wait.
383
POSSESSION.
See ADVERSE POSSESSION.
POWER.
Execution of power, with regard to
the attestation of instruments.-
See EVIDENCE, 5 & 6.
PRESCRIPTION.
See EVIDENCE, 8.
PRESENTMENT.
See BILLS OF EXCHANGE, 5.
PRESENTATION TO A LIVING.
See SIMONY.
PRINCIPAL AND AGENT.
See EVIDENCE, 10.
PRINCIPAL AND SURETY.
See BILLS OF EXCHANGE, 4.
Declaration upon a bill of exchange
indorsed by J. S. to the defendant,
and by the defendant to the said J.
S., and by the said J. S. to the
plaintiff. Plea: that after the dis-
honour of the bill the plaintiff took
a cognovit from the said J. S. in
an action on the bill, by which
longer time was given than would
have been required for obtaining
judgment in that action. Upon
general demurrer to the plea, it
was held, that it sufficiently ap-
peared that J. S. who indorsed to
the plaintiff was identical with the
J. S. who was the first indorser,
and that the plaintiff was cognizant
of that fact at the time of taking
the cognovit, and that therefore
the plea set up a good defence, by
shewing that the plaintiff had given
time to a party prior to the defend-
wrongful detention of goods taken
under a lawful distress.
And where, to an avowry for
rent-service, the plaintiff pleaded
in bar, that after the taking and
before the impounding, he tender-
ed the rent and costs of the dis-
tress the plea was held to be
good. Evans v. Elliott. 606
2. Where parties tender themselves
for obligors in a replevin bond, the
sheriff should require evidence of
their reputed credit and solvency,
and should not rest satisfied with
their own representation, even upon
oath.
But he is not bound to travel
out of his office to obtain infor-
mation.
In case against the sheriff for
taking insufficient sureties in a re-
plevin bond, the plaintiff cannot
recover damages beyond the pe-
nalty in the bond. Jeffery v. Bas-
tard.
RE-RESTITUTION.
See FORCIBLE DETAINER.
Re-opening of.-See ARREST--PRO-
Rule absolute, in first instance.-See
CHAPELWARdens.
SCIRE FACIAS.
See ERROR, WRIT OF-EXECUTORS.
SEPARATION DEED.
A deed of separation in which, after
reciting that differences subsisted
between the husband and wife, and
that they had agreed to live apart,
and that the husband had agreed
to give to trustees, for the be-
nefit of his wife, a life annuity
for her separate maintenance, it
In assumpsit for demurrage upon an
agreement in the nature of a char-
ter-party, non-compliance by the
plaintiff's with the provisions of 3
& 4 Will. 4, c. 52, s. 108, requir-
ing that previously to the unlading
of goods carried coastwise, a writ-
ten notice of the ship's arrival,
with goods, signed by the master,
shall be given to the collector or
comptroller of customs, by the
master, owner, wharfinger, or agent
of such ship, and proper docu-
ments obtained, should be specially
pleaded, and cannot be set up as
a defence under non assumpsit.
Alcock v. Taylor.
See BILLS OF EXCHANGE, 1-Evi-
DENCE, 11.
Under 9 Geo. 4, c. 14, s. 8, a writ-
ten memorandum acknowledging
a debt may be given in evidence
without a stamp,--although it con-
tain words of agreement,-where,
the original debt being proved ali-
undè, the memorandum is pro-
duced merely to shew the continu-
ance of the debt.
Semble, that if there had been no
other evidence of the debt itself,
the memorandum would have re-
quired a stamp. Morris v. Dixon.
SUMMONS.
See JUSTICES, 3.
1. The Lords of the Treasury or Ad-
miralty have no power under 50
Geo. 3, c. 117, and 3 Geo. 4, c.
113, to grant pensions for life to
superannuated and retired officers
in the public service.
They can only recommend to
parliament that a sum be voted to
the officer in each year.
And the crown may at any time,
at its own discretion, the exer-
cise of which cannot be questioned
in a Court of Law,-revoke the
grant of a superannuation allow-
ance made under the acts. Rex v.
Lords of the Treasury. (Ex parte
Hand.)
2. The Lords of the Treasury have
a discretionary power of revoking
a minute by which they have
granted a superannuation allow-
ance under 3 Geo. 4, c. 113, upon
the retirement of the grantee from
an office held during the pleasure
of the crown. Rex v. Lords of the
Treasury. (Ex parte Smyth.) 505
An assignment by a trader of his
premises and effects to B. a cre-
ditor, upon trust to dispose of the
trade or carry it on for the benefit
of such creditors as will execute
the trust deed, and to distribute
the proceeds amongst such credi-
tors, and to pay the surplus to A.,
is void, as against a non-executing
creditor, on the ground that by
executing the trust deed the cre-
ditors would render themselves
liable in respect of the future trade.
But it is no objection to such
assignment, that at the time of its
execution, A., whose trade partly
consisted in selling exciseable arti-
cles, had no licence, and was there-
by liable to a penalty. Owen v.
Body.
448
See JUSTICES, 1-PLEADING, 5-
POOR, 19.
See LONDON-NEW TRIAL-VERDICT.
1. Where a tenant removes the soil
of the demised land, and places
therein stone staddles, in some
places with a brick foundation, and
erects upon the staddles a thatched
wooden barn, which is kept in its
place upon the staddles by the
pressure of the superincumbent
weight alone, he may maintain
trover for the woodwork and thatch.
Wansbrough v. Maton.
367
2. An officer in whom a right to the
custody of chattels is vested by act
of parliament, has not, in respect
of such right merely, such a pro-
perty in them as will enable him to
maintain an action for the wrongful
detention of them.
Parish officers, or other persons,
by whom parish books &c. are ap-
pointed by the inhabitants in vestry
assembled to be kept, cannot bring
trover against an ex-waywarden
for the books of accounts, assess-
ments, &c. kept by him during
the period in which he was in office,
and with the possession of which
he has never parted. Addison v.
Round.
422
UNIFORMITY OF PROCESS
ACT.
See PLEADING, 2.
USAGE.
It cannot be inferred as matter of law,
that words occurring in a lease are
used by the parties in a peculiar
sense in which they are understood
in the district in which the property
demised is situate.
It is a question for the jury, in
what sense the words were used
in the particular case.
But where a peculiar technical
sense is generally affixed to the par-
ticular words in demises of the
same subjects, without reference to
local usage, the parties will be un-
derstood to have used the words in
the peculiar technical sense. Sem-
ble. Clayton v. Gregson. 694
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