1839. JONES V. WAITE. fall infinitely short of the present, where a promise to pay the husband a sum of money is a consideration for his executing the deed. This alone it is that substantially appears on the present record. Generally speaking, the lawfulness of a thing promised does not make it lawful to promise to do it for a money consideration. It is lawful to vote for a candidate at an election, but bribery to give or promise the voter money for so doing. The same principle was illustrated by numerous authorities cited at the bar, and in the case of married persons contracting for their separation, which I take to be at least primâ facie illegal, where no circumstances by which it is legalised are set forth, and no justifiable motive is assigned, it appears to me to be a dangerous novelty to permit the abdication of conjugal rights, and the abandonment of marital duties, to be made the subject of money stipulation. It is satisfactory, as well as proper, to add, that the purchase of a husband's consent to separation is admitted to be illegal, and this promise is held binding only as it may be a part of the negotiation which leads to a separation that may possibly be legal. But I am unable to distinguish the two cases, and I think the latter contract neither more nor less than an indirect mode of securing effect to the former. Judgment affirmed. 1839. motto: 66 MEMORANDA. On the 13th of February, William Henry Maule, Esquire, one of Her Majesty's counsel, was called to the degree of the coif, and gave rings with the following Suum Cuique." On the same day he was appointed a Baron of the Court of Exchequer in the room of Mr. Baron Bolland, who had resigned. He immediately afterwards received the honour of knighthood. On the 22d of February, the following gentlemen were respectively appointed Her Majesty's counsel, learned in the law: John Stuart, of Lincoln's Inn, Robert Vaughan Richards, of the Inner Temple, Samuel Girdlestone, of the Middle Temple, Griffith Richards, of the Inner Temple, and William Goodenough Hayter, of Lincoln's Inn, Esquires. 1839. FORMS OF WRITS, As framed by the Judges, pursuant to the Statute 1 & 2 Vict. c. 110. 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 Court of Q. B., in an action of assumpsit. No. I. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the sheriff of greeting. Whereas A. B., lately in our Court before us at Westminster, by the judgment of the same court, recovered against C. D. £, which, in our said Court before us, were adjudged to the said A. B. for his damages which he had sustained, 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 said C. D., or any person in trust for him, was seised or possessed of on the day of, in the year of our Lord -, 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 of £, at the rate of £4 per centum per annum, from the day of in the year of our Lord (b) shall have been levied. Therefore we command you that, without delay, you cause to be delivered to the said A. B. by a reasonable price and extent 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 said C. D., or any person in trust for him, was seised or possessed of on the said day of (a), 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 the said goods and chattels to the said A. B. as his proper goods and chattels; and also 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, until the damages aforesaid, together with interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ, make appear to us at Westminster, immediately after the execution thereof, under your seal, and the seals of those by whose oath you shall make the said extent and appraisement, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, the in the year of our Lord day of No. II. 1839. Writ of elegit on a rule made in the Court of VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the sheriff of greeting. Whereas lately in our Court before us at Westminster, by a Q. B. for payrule of the said Court entitled, &c. [as the case may be] the sum of £ment of money was, by the said Court, ordered to be paid by C. D. to A. B., and afterwards the said A. B. came into our said Court before us, and, according (a) The day on which the judgment was entered up. (6) 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. 1839. - on to the form of the statute in such case made and provided, chose to be Witness, Thomas Lord Denman, at Westminster, the in the year of our Lord (a) The day on which the rule was made. day of (b) The day on which the rule was made; or in case it was made prior to the 1st of October 1838, say from the 1st day of October, in the year of our Lord 1838. |