See COMMITMENT. 3.-ESCAPE, 1, 2. See CERTIORARI, 1, and see 419 1. Where the interest of any person rests upon an affirmative, it is for him to prove the affirmative. Semble. 244 2. Where, in ejectment, the plaintiff relies on the invalidity of a second marriage, by reason of a former marriage by licence, one of the parties being a minor, and the defendant has notice that the question intended to be raised is, whether the first marriage was with the consent of the minor's parent, it lies upon him to disprove such consent. Doe v. Price, H. 8 & 9 G. 4. 683 5. Where, in trespass quare clausum fregit, it appeared that plaintiff and defendant, respectively, occupied lands under the same landlord, and abutting on different sides of a lane; and that defendant held under a lease, not produced:-Held, that the evidence of the landlord, stating "that he had let the lane jointly to plaintiff and defendant, as much to one as to the other," was properly received. Noyev. Reed, M. 8 G. 4. 63 6. Bill in equity cannot be read against a party not claiming under plaintiff or defendant, in the equity suit. 667 ibid. 7. Nor depositions. 8. In an action by A. for the malicious prosecution by C. of an indictment against A. and B., evidence of the misconduct of C. towards B., after his apprehension, tending to shew the bad motives of C., is admissible. Caddy v. Barlow, M. 8 G. 4. 275 9. A copy of the indictment, though granted to B. only, is also admissible; and the Court will not entertain the question of its having been fraudulently obtained. ibid. 10. Proof by an apprentice that when his apprenticeship expired he asked his master for the indenture, who Isaid it was with the overseers of the parish; and that their successors had searched for the indenture, but could not find it; is not sufficient to let in parol evidence of the contents of the indenture, the master being alive and not subpoenaed. Rex v. Denio, M. 8 G. 4. 295 11. Parol evidence of the fact of the pauper's having been tenant of premises in the respondent parish, is admissible on the part of the appellant parish, though he held under a written agreement not produced. Rex v. Hull, M. 8 G. 4. page 444 12. The examination of a soldier under the Mutiny Act, as to his settlement, is not admissible in evidence, unless it appear that the examinant was quartered in a district in which the examining magistrates had jurisdiction. Rex v. All Saints, H. 8 & 9 G. 4. 663 13. A. deposits money with B. a banker, on the terms of having a deposit note, by which B. shall engage to pay the principal, at ten days' sight, with 3 per cent. interest, until the day of acceptance. A note is given accordingly. On receiving interest on the note, A. is told that B. cannot afford to pay more than 2 per cent. in future, and "3" is struck out, and "2" inserted instead:-Held, that the payment of interest is evidence to shew that a principal sum corresponding with, and bearing such interest, was due; and that the note, though void, may be looked at to see the terms on which the deposit was made. Sutton v. Toomer, M. 8 G. 4. 125 11. As to the admissibility of a judgment in an action of ejectment in evidence against the lessee of the nominal plaintiff in ejectment, see 172 (a) 15. Terms imposed of not giving a judgment in evidence. And see STAMP VII. III. Presumptive. See INTEREST, 2. 689 16. A. B. draws a bill at 30 days' sight on A. B.:-Held, that a letter written by A. B. the drawer, to the payee of the bill, expressing his apprehension that it would be dishonoured, coupled with the fact, IV. Sufficiency of, upon particular issues. And see AGREEMENT, 4.-ATTORNEY, 5. 17. Where upon pleadings in trespass quare clausum fregit, an issue is taken upon an allegation that after the giving of judgment in C. P. the record was removed by writ of error into K. B. it is sufficient, in support of the affirmative of the issue, to produce the return to the writ of error, purporting that the transcript was brought into this Court after the taxation of costs in C. P. Nowell v. Roake, M. 8 G. 4. 170 IGNORANTIA LEGIS. 1. Judgment and execution against 1. Ignorance of a public statute, not heir. allegeable. 500 ( 47, 48, n. I. Award of commissioners. 1. Under a power to award lands in exchange for other lands, provided such exchange be made with the consent of the respective owners, and to award lands to persons who shall agree to purchase the interest of any proprietor of lands directed to be inclosed, an award that A. shall receive lands from B. in exchange for lands of A. and for 2000l. to be paid by A. to B., is valid. 713 Doe v. Preston, M. 8G. 4. 2. Such an award does not require an ad valorem stamp. ibid. INDEMNITY. See BOND, I. III. 1. 4. lets his ship to freight and charter to B. for a voyage, the probable duration of which is eight months, at 1007. per month, and by the charter-party B. is to make the advances for sailing charges, on account of the money payable for the hire of the ship, miscalled "freight;" B. insures 3007. with C., for money advanced on sailing charges, and A. at the same time, insures 4007, with C., on freight. Upon a total loss: -Held, that C. is not entitled to consider A.'s policy as effected on gross freight, and that, the amount being 8001., A. is his own insurer for a moiety of the risk. Etches v. Aldan. M, 8 G. 4. 157 |