Exch. of Pleas, in possession of that part of the land which the haystack occupied, and that might be granted by parol. 1838. WALLIS V. HARRISON. PARKE, B.—I am of the same opinion. If the justification is made to rest on a supposed grant from the Dean and Chapter, I think the plea is bad, because it does not state that the deed was executed before the plaintiff became entitled. Then, with regard to the license, the plea is bad in substance. We are not called upon in this case to consider, whether a license to create or make a railroad, granted by a former owner of the soil, is countermandable after expense has been incurred by the licensee, which was the question in Winter v. Brockwell; for it is not alleged that there has been any expense incurred in consequence of the license, and therefore it remains executory and I take it to be clear, that a parol executory license is countermandable at any time; and if the owner of land grants to another a license to go over or do any act upon his close, and then conveys away that close, there is an end to the license; for it is an authority only with respect to the soil of the grantor, and if the close ceases to be his soil, the authority is instantly gone. Webb v. Paternoster is very distinguishable from this case, for there the license was executed, by putting the stack of hay on the land; the plaintiffs there had a sort of interest, against the licensor and his assigns; but a license executory is a simple authority excusing trespasses on the close of the grantor, as long as it is his, and the license is uncountermanded, but ceases the moment the property passes to another. GURNEY, B., concurred. Judgment for the plaintiff. MEMORANDUM. ON Saturday the 8th of December, died the Honourable Sir James Allan Park, Knt., one of the Judges of the Court of Common Pleas since Michaelmas vacation, 1815. He was succeeded by The Right Honourable Thomas Erskine, Chief Judge of the Court of Bankruptcy, who was called to the degree of the coif, and gave rings with the motto Judicium parium. He took his seat on the first day of Hilary Term. END OF MICHAELMAS TERM. Each. of Pleas, 1838. REPORTS OF CASES ARGUED AND DETERMINED IN The Courts of Exchequer, AND Exchequer Chamber. HILARY TERM, 2 VICTORIÆ. Exch. of Pleas, 1839. REGULA GENERALIS. Forms of Writs as framed by the Judges, pursuant to the Statute 1 & 2 Vict. c. 110. HILARY VACATION, 2 VICT. IT IS ORDERED, That the following forms of writs framed by the Judges pursuant to the statute 1 & 2 Vict. c. 110, s. 20, be used from and after the first day of March next, with such alterations as the nature of the action, the description of the Court in which the action is depending, the character of the parties, or the circumstances of the case may render necessary, but that any variance, not being in matter of substance, shall not affect the validity of the writs sued out. Writ of elegit upon a judgment in the No. 1. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the 1839. Court of Queen's Bench in an action of Faith, to the Sheriff of greeting. Whereas A. B., Exch. of Pleas, lately in our Court before us at Westminster, by the judgment of the same Court, recovered against C. D. -l., which, in our said Court before us, were adjudged to the said A. B., for his damages which he had sustain- assumpsit. ed, as well on occasion of the not performing of certain promises and undertakings then lately made by the said C. D. to the said A. B. as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as appears to us of record, and afterwards the said A. B. came into our said Court before us, and, according to the form of the statutes in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the C. D., or any person in trust for him, was seised or possessed of on the day of ——, in the year of our Lord (a), on which day the judgment aforesaid was entered up, or at any time afterwards, or over which the said C. D. on the said -, day of (a), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, according to the form of the said statutes, until the damages aforesaid, together with interest upon the said sum ofl., at the rate of four pounds per centum per annum, from the day of in the year of our (a) The day on which judgment was entered up. Exch. of Pleas, Lord 1839. Writ of elegit on a rule made in the Court (a), shall have been levied. Therefore we Witness, Thomas Lord Denman, at Westminster, the No. 2. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the (a) The day on which the judgment was entered up; or, in case the judgment was entered up prior to the 1st of October, 1838, say, from the 1st day of October, in the year of our Lord, 1838. (b) The day on which the judgment was entered up. |