Marshall's Law Notes

JOHN MARSHALL "Law notes, etc."

A transcription of pages (1-253) of Marshall's Accounts and Law Notes

JOHN MARSHALL (1755-1835)

Law Notes

Abbreviation of source footnoted in red: Cr.Ja.483²

Source taken from "Table of Abbreviations," 11 an appendix to Henry C. Black, A law dictionary, 2nd ed., St.Paul, Minn., West Publishing Co., 1910, p. 1239-1314:

²Croke's English King's Bench reports tempore James I.

Abatement

1. B. 2 His. of the crown 186	Abatemt is a plea put in by the Deft in which he shews cause to the Ct why he shou'd not be impleaded or if impleded not in the manner & form he then is.
1. B. 2 Gil. H. crown 187 Show. 386. C.L. 127.	A plea in Abatemt to the jurisdiction of the Ct. [must] be put in by the Deft in person & before any imparlance. He must make but half defence.
1. B. 2 G.H.C. 196	There are several pleas to the person of the Pf. Outlawry does not entirely abate the writ but only suspends it.
	This disability is not pleadable when the action is brought in Auter droit.
C.L. 128	Excommunication, Premunire & popish recusancy are pleas in abatement
Secus Ld. R. 282	An Alien Enemy can bring no action. 4. Mod. 285. An Alien in Lague may bring personal actions.
1. B. 5	Officers of a court are privileged in actions brought in their own right
1. B. 6 12 Mod. 273 Fitz. B. 219, 231	If a writ vary materially from that in the register or be defective in point of substance the party may [take] advantage of it so if the declaration varies from the writ
1. B. 7 G.H.C. 242 12 Mod. 251	Tis a genl. rule that where any party dies & the plea [is in] the same condition as if such party [were living] death makes no abatement of the writ

Abatement

1. B. 8	Two Exrs bring debt, one dies the writ does not abate. Secus if one was dead when the writ was brought Action agt several Defts one dies the writ does not abate
22. G. 2., Ch. 5, 180, 181	Actions originally maintainable by & against Exrs &c. not to abate after interlocutory judgmt. Death of other party between verdict & judgmt not to be pleaded in abatement.
Do. 184	Process agt one returned, no Inhabitant shall abate
1. B. 9 Doct. pl. 3 Sid. 140 Leon. 168, 169	Coverture is a good plea in Abatement & may be either before the writ sued or pending the writ. By the first the writ is abated de facto, by the second tis only abateable. Coverture pending the writ must be pleaded since the last continuance. If a feme sole takes out a writ & after marries the deft may plead in Abatemt or in chief
Fitz. B. 476	If a writ is false when sued out it shall abate
1. B. 10 Doct. pl. 3 Cr. El. 121, 185, 193, 330 Cart. 172, the Ct. gave a	If a writ is defacto a nullity & destroy'd so that judgmt thereupon wou'd be erroneous there the writ is defact abated as if an action be brought agt a feme covert as sole, or where the Plaintiff by his own shewing had no cause of action at the time the writ was brought.
	Where the writ is only abateable it must be

Abatement

sal. 2 pl. 5 Ld. R. 853	abated by pleading in time, for matters in & before the writ cannot be taken advantage of in error.
Cr. El 554 1. B. 10	Tis a good plea that a stranger in tenant in common with the Plaintiff.
1. B. 13 12 Mod. 418 5 Coke 61	Whenever it appears on record that the Plaintiff has sued out two writs against the same Defendant for the same thing the second writ shall abate.
1. B. 14 Vent. 249 2 Ld R 984	Whatever destroys the Plfs action & disables him forever from recovering may be pleaded in bar but the Deft may sometimes plead it in Abatemt. As in Replevin the Deft may plead property in himself or in a stranger either in bar or in Abatemt.
1 B 14 2 Mod 64 Ld R 593 6 Mod 103 Con 2. Ld R. 1018	If a Deft pleads matter in bar & concludes in Abatemt or matter in Abatemt & concludes in bar this shall be deem'd a plea in bar.
1 B 15 Moor 30 5 Mod 136	Where the matter of Abatemt appears on the face of the record the plea shall begin & end with petit judicium de brevi but where the matter is dehors the Deft shall only end his plea with petit judicium
	Pleas in abatemt are not to be recd but on oath Suits shall not abate for want of form if there be matter sufficient in the Declara

[Notes]

76 9 80 9 8 60 15 217 14 8 P Peyton Short Esq. Peyton Short esq. Peyton Short esq.

Account

1 B 17 C 1 L 90	Account at common law, lay only agt a Guardian in socage, Bailiff or Receiver or by one in favor of trade & commerce. The stat. 13 Ed. ch 23. The statutes on that subject have given this action to the Execrs of Merchants the Exrs of Exrs & to Administrators.
22. G. 2, Ch 3, p. 164	Action of account is by the laws of Virga given agt the Exrs or Admrs of every Guardian Bailiff or Receiver & also to one joint tenant or tenan[ts] in common his Exrs or Admrs against the other as Bailiff for receiving more than comes to his proposition or agt his Exrs or Admrs.
1. B. 17. 4 Leon 32 sec. 1 Vern 208	An infant appointed Factor &c not accountable in law or equity but by his sureties.
Do	If I make J.S. my Bailiff &c who appoints a Depy I cannot have account against his Deputy
11 Co. 89	An apprentice by the name of an apprentice is not chargeable in account
1. B. 18 Co. L. 172	To maintain an action of account there must be a privity either in law or by the provision of the parties.
1. B. 18	Equity will make all persons account for the

Account

The case of Coventry vers. Hall	profits of lands they have receiv'd to such as have the equitable title.
1. B. 19	A Bailiff cannot be charg'd as receiver whether the same person may be charg'd as Bailiff & Receiver. Quere
1. B. 19	No action of account lies for a thing certain
1. B. 19 Cr. El. 644	If a man by obligation acknowleges that he has recd money ad proficiendum & computandum the obligee may either sue the bond or bring account.
1. B. 19, 20 Sal. 9. pl. 1	Where account wou'd lie asssumpsitt may be brought on an express promise. Wherever one acts as Bailiff he promises to render an account
1 B. 20 Cr. Ch. 116 Br. 48	A release or submission to an award are good pleas in bar of account It is no good plea that the Deft has paid the money
1. B. 21 Mod. 42 Co. Ent. 46	In an action of account the first judgment is quod computet after which the Ct. assigns Auditor arm'd with authority to convene the parties before them from day to day at any day & place that they shall appoint till the account be settled. The time by which the account is to be settled is prefix'd by the Ct. but may be enlarg'd. Either of the parties on injustice may apply to the Court. If the Deft denies any article or demurs to any demand it is to be

Account

	tried in court
1. B. 21 Cr. Ch. 116	Whatever may be pleaded to the action shall never be allow'd of as a good discharge before the Auditors.

Accord and Satisfaction

1. B. 22 Ray 450	Accord cannot be pleaded in bar unless satisfaction be actually made
1. B. 22 9 Ed. 4, 19. Rol. Ab. 128	An accor'd must appear to be advantageous to the party otherwise it can be no satisfaction
1. B. 22 4 Co. 1	An accord with satisfaction is no good plea to an action real
1. B. 22 6 Co. 43 Cr. Ja. 254	When a duty in certain accrues by a deed tempore confectionis scripti it ought to be avoided by matter of as high a nature
1. B. 25 9 Co. 80 Rolls Abr. 129	If an accord be pleaded by way of accord in precise execution thereof in every part must be pleaded if by way of satisfaction the Deft need plead no more but that he paid the Plf 10/ in full satisfaction of the action which he receiv'd Accord cannot be plead without satisfaction

Peyton Short Esq. Peyton Short Esq.

Actions in General

1. B. 28 Co. L. 145 Stile 4	It is clear that for every injury a man shall have an action & for every right he has a remedy - where a person has several remedies he may chuse which he pleases but in this he must follow the rules of that society of which he is a member, for tho' a man has a right & is barred by the Statute of limitations yet he can have no remedy.
Roll. Abr. 107 1 Mod. 69	Also in cases where there may be damnum absque injuria the party can have no action.
Co. L. 128	None are excluded from bringing an action except on account of their crimes or their country.
Mod. 30	A man that hath a special property in goods shall have an action agt a stranger who takes them away because he is answerable in damages to the absolute owner.
Dyer 98	A man who has cause of action agt two may bring it agt which he pleases.
8.Co.87 F.N.B. 209 Dyer 145	In real actions in those writs which contain the time place & demand particularly several lands by several titles cannot be demanded in the same writ secus where there is only a genl complaint as in the writ of trespass quare classium fregit.
1 Ba 30. 8 Co 87 Ray 233	In personal actions several wrongs & trespasses may be join'd. Fraud & warranty may be join'd.
Ld Ray 58	But actions founded on a tort & a contract cannot be join'd as assumpsit & trover

Actions in General

1. Ba. 31 Yel. 63 Cro. Ja. 68	Where one hath a right to recover in the same kind of action though he derives his right from difft titles yet being conjoin'd in him he may recover in one action
Cro. El. 486	But one cannot in the same action join a demand in his own right & one which he hath in right of another
Roll. Ab. 31	Several persons may join in an action where their interest is joint

Actions Local & Transitory

1. Ba. 34	All actions real or mix'd must be laid in the county where the lands lie
1 Ba 35 Co. L. 282 7 Co 3	All personal actions may be brought in any Cty & aid in any place & the Deft cannot traverse it.
2 Sal 669 pl.6	The Deft cannot by his plea oblige the Plf to lay his action in a dift Cty unless the matter pleaded be local. The motion must be on affidavit

Actions Qui Tam

Ca. En. 375 4 Co 13 2 Haw. 265

Wherever a statute prohibits a thing as being an immediate offence agt the publick good under a certain penalty the whole or part of which is given to him who will sue for it any person may bring such action or information & lay his demand with a qui tam. Also where a statute prohibits or commands a thing the doing or omission of which is both an immediate damage

Actions Qui Tam

	to the party & also highly concerns the good of the publick, the party may & some say ought to bring his action with a qui tam
Ca.El.236 2 Haw. P. 6 246	An action on a publick stat. need not recite the stat. But if the prosceutor recites the stat. & materially varies from a substantial part this is fatal
C. Ja.104	If an information contain several offences & be well laid as to some but defective as to others the informer may have judgt for such as are well laid
C. Ja 129	An action or information need not conclude contra pacem or in contemptum as an Indictment ______
18 El. Ch. 5	Every informer on any penal statute shall exhibit his suit in person & pursue it by himself XXX or attorney
Rd. rep.49 134	The Deft cannot plead specially & the genl issue either to the whole or to any part of the charge
3 H.P.C.276	If there be more than one deft they ought not to plead jointly
2 Hawk P.C.274.	Where a stat. gives a certain penalty to the party griev'd he is entitled to his costs
18 El.Ch.5	Any informer (not griev'd) who willingly delays his suit &c. shall pay costs charges & damages to be assign'd by Ct & no informer shall compound without leave of Ct. under penalty of standing in the pillory, of being disabled to sue in any popular or penal statute & of forfeiting ten pounds

Actions on the Case

Berister 68	If A delivers goods to B to deliver to C & B does not deliver them but converts them to his own use either A or C may have an action agt. B. They cant join
Cr. Ja. 223	If a servant is cozen'd of his Masters money the master may have an action agt the cozener
Sid 298	No action lies by a master agt. his sert for the bare Breach of his com. but if a servt does anything falsely & fraudulently to the damage of his Master an action lies
Dal 282 pl. 11	No master is chargeable with the acts of his Servant but when he acts in execution of the authority given by his master & then the act of the servt is the act of the master
Cr.El.219	If I deliver goods to A who delivers them to B to keep to the use of A who wastes them I may have an action a- -gainst AB Though an injury happens to a man in his property by the neglect of another yet if by law he was no o- oblig'd to be more careful no action lies If a man uses or abuses the thing he finds he shaa answer for it.
Cr.Ja.474 Cr.El.53	If by the wrongful act of A- B becomes chargeable to C B may have his action against A before he is sued by C.

Actions on the Case

Hob. 267 vide 6 Mod. 46	If a man forges bond in my name tis possible I may be injur'd by XXX it, but 'till it be put in suit agt me I have no action agt the forger
Sal.210.pl.2 Ld.Ray.284 Cr.Ja.474	Where a man has the possession of any personal chattel & sells it, the bare affirming it to be his amounts to a warranty & gives an action
Sal.211 pl.3	If on a breaty for the purchase of a house the Deft affirms the rent of the house to be £30 whereas it was but £20 & thereby the Pltf is induced to give so much more than the house is worth an action lies.
Cr.Ja.469	If I sell unsound goods & knowing them to be unsound warrantaffirm them to be sound or not knowing them to be unsound warrant them to be sound an action lies.
Vent.295 LdRay.38	If man rides an unruly horse in places much frequented & the horse breaks from him & runs over B & hurts him B shall have an action For an injury accruing to a man in his real estate of freehold or inheritence the action lies
Cr.El. 777	If a man lend or hire anothers horse & for want of safe keeping the horse dies an action lies
	If A obtains a judgt in debt agt B as Ext to his Father & thereupon a takes out a Fi:Fra. but before

Actions on the Case

Godb 285 2.Rol.Rep 312 vide con. Mod 286	the sheriff can execute it B removes & disposes of all the Testators goods so that the sheriff is forc'd to re- turn nulla bona an action on th case lies agt B for the sheriff coud not return __________ & if this action does not lie the party is without remedy.
Carth 3.4	In genl where by the covin of a third person a man loses his debt an action on the case lies agt him. Also for injuries done to a man with respect to his wife his child or his servant an action lies.<
3 Bal 212 Cr.El.873	If a minister of justice have warrant to attach the goods of another & can do it & does it not an action lies against him.
Jan.312 1. Bulster 373 Cr. 6a.395	If a smith refuses to shoe my horse or if he pricks him, if a farrier kills my horse with bad medicine or by neglect in curing him, or if client receives an injury by the neglect or fraud of his attorney an action lies.
Cr 6a .446 Ld.Ray 370	If by common nusance I suffer a particular da- mage an action lies. So too for continuing a nusance.
Cr.El.7al34	It seems agreed that for a false & malicious prosecu -tion for any crime whether capital as not by which a man may be endangerd of his life, suf- -fer in this liberty reputation or property

Actions on the Case

Sal.15	an action on the case in nature of a writ of conspiracy lies whether an indictment was ex- hibited or not.
Ray.503 Cr.El. 629	If a stranger brings an action in the name of J with -out consulting J. an action lies
Style 379 Sand. 228	If an action on the case is brought for a civil action special grievance must be shewn.
Stile 346 Yel. 99	It seems the better opinion that a person guilty of felony & pardon'd or burnt in the hand may be proceeded agt at the suit of the party inju
Skin.119	Action lies for a virgin of good fame married by a man who had a wife.

Agreements

see Eg.ca. ab.25 pl.6	A person non compos, an infant & a feme covert are generally incapable of entering into agreements.
2.Ver.215	The ancestor seis'd in fee may by his agrt bind his Heir.
Ab.Eq.16 chan.rep 158 Ch.ca.42	Tis a genl rule that wherever the matter of the bill is merely in damages the remedy is at com. law but if there be matter of fraud mixt with the damages the remedy is in chancery. So where the agreemt is to do something in specie
Ver 189 pl.190 2 Ch.ca.140	A court of equity has decreed a performance of cove- -nants & directed a trial in a quantum damnificat.
Ab.Eq.17 2 Ch.ca.17 Ver 227 pl.225	Agreemts out of which an equity can be rais'd for a dunce in specie ought to be obtain'd with all ima -ginable fairness & without any mixture tending to surprise or circumvention and that they be not unreasonable in themselves.-
2 Ch.Ca.136 Ver.271 Ren. in Eq 155 2 Ver.127	Act of eqty XXXX will much sooner dismiss a bill which prays a specific execution of an unreasonable agrt than set aside an agrt though not strictly fair on a bill for that purpose and when such agreements are set aside it must be on refunding what was paid ma- -king reasonable allowances for improvemt &c.
100, 464	In law & equity voluntary conveyances are good agt the parties & cannot be revokd nor will the Ct interpose in behalf of one volunteer agt another

Agreements

	But if they affect creditors purchasers or younger children the Ct. will set them aside
2 Van 365 2 Ver 40	If there be a defective conveyance without an equi table consideration equity will not oblige the party to make it good though there be a covenant for further assurances
Ver 121	If the agreemt be to quit the possession of lands the ct will not decree a conveyance
2 Ver 394 Preced.met 533	If on is bound to transfer £300 stock before such a time which he does not do, & the stock is much risen he shall transfer the stock in specie & account for dividends since the time
19 G.2 Ch.1 p 142, 143	No estate for life or any higher estate sha11 be made to take effect nor shall any use thereof be created unles it be by deed indented seal'd & recorded in the Genl. Ct. in the Ct of that Coty where the land lies. The deed of residents to be recorded in 8 months of non residents in 2 years. The deed to be acknowleg'd by the granter or provd by three witnesses before it can be admitted to record. Deeds of inheritance for term of years or for marriage settlements, all deeds of trust & Mortgages whatsoever not recorded &c. to be void as to subsequent purchasers & creditors but binding between the parties & their heirs

Agreements

Note the stat. of Frauds &c. does not require recording	The foregoing act is very similar to the stat. of frauds & perjuries on which the following determi -nations have been made by the Judges in England.
ab.E.19.pl.3 Ver.151, 159	If the Deft in his answer confesses the substance of a bill setting forth a parol agrt & demanding a specific execution the Ct will decree it.
Ab. eq.20	A parol agreemt which is intended to be reduc'd to writing but is prevented by fraud may be decreed in specie
2Ver.322 2 Vent.361 Rec.in Ch 361	A letter from a father promising a portion & a mar- -riage had in consequence thereof has been deem'd sufficient
Ver.151 2. Ch.Ca.135 Str.426 Gil.His.Ch. 239 Contra 2 Ch.Ca 36 Gil.His.Ch. 239	It seems to be admitted that if an agreement be made concerning lands &c. tho not in writing & the whole or part of the money is recd by the party equity will decree a specific execution. The doubt is what evidence shall be admitted as proof of the receipt. If the Deft confesses it in his answer tis sufft if he denies it the Plaintiff must prov it by written evidence.
Ver.159 2 Vent. 361	If a man on the promise of a lease lays out mo- -ney on improvements he shall oblige the lessee to execute a lease _____ if he has been at no expense
Ver.366	If a man purchases lands in another name & pays the money it shall be a trust for him

Annuity and Rent Charge

Co.L.147 7 Co.151	Whenever the remedy by way of charge for the rent is not commensurate to the rent, the rent is call'd seek & the charge is only appurtenant.
Co.L.147 Booke rent.14	If I bind my land & goods for the payment of a rent, or if I grant that if such a rent be arrear B may distrain for it in the manor of C. this is a good rent charge.
Booke grant 86 2 Vent. 204 B. grant 86	If an original grant be made of a rent charge to commence after the death of J.S. it is good _____ of a rent in being
Lit.XXX Sci 219, 220 6 Co.58	If a man grants by his deed an annual rent out of certaiin landswith distress & does not providethat the grant shall not charge his person, the grantee XXXXXXXXXXXX may distrain for the rent or have a writ of annuity
Co.L.146 6 Co.41 6 Co.58	If a rent be granted out of lands in which the granter has no interest, or in which the grantee cannot by the deed distrain, with a proviso that it shall not charg his person the pro viso is void.

Annuity and Rent Charge

Co.L.146	A grant that a man may distrain in certain lands if a rentcertain sum be arrearunpaiddoes not chargethe person
Co.L.147 Cr.Ja.390	A rent is granted out of an inheritance & term for years the grantee may distrain in both but must avow for a rent issuing out of the inheritance
Pay.135 [Sun] 112	If such power is given in the deed the grantee may when rent is arrear enter & hold the lands till he is satisfied by the percention of the profits.
Co.L.182 4 Co.48 Cr.El. 268	An action of debt does not lie for the arrearages of an annuity if the grantee be seised of it for life or in fee _______ if for years
Lit.S.219 B.L.145	If the grantee distrains & avow or brings a writ of annuity and declares he has determind his elec- -tion & shall ever after be confin'd to the remedy he has adopted
Co.L.148 see 2 Ver 143-4	If the grantee of a rent charge before he has made his election purchases a part of the land he is without any remedy

Arbitrament & Awards

9 Co.78	A right of freehold cannot be transferd, an Annuity determind, partition made by award But if the parties are bound in mutual obligations to stand to the award & a transfer &c is awarded the party refusing forfeits his obligation.
6 Co.44 Cr.Ja.99 2 Vent.109	Debt certain & fix'd cannot be discharg'd by na- -ked award, nor causes criminal or matrimo- -nial decided.
9 Co.78	Chattels & actions personal may be determind by arbitrament & transfer'd by award without deed. The submission is to be taken largely & accor- -ding to the intent of the parties, where tis made by word the remedy to enforce a performance of the award is by reciprocal actions on the case an action of debt will lie if money be awarded
8 Co.81 8 Co.82 2 [Keb] 845	Ex need a submission non oritur actio but notice must be given. If the submission be by deed tis still revocable but the party forfeits his obli- -gation. Marriage of feme sol is a revocation
[Vid]290	In debt on a bond to perform an award if non sub -misit be pleaded no breach need be alledg'd

Arbitrament & Award

8 Co.98	An award must be made according to the submission It ought to be certain, equal, & mutually satisfactory It must be lawful XX & possible. It must be final. If the award is good as to one party & void as to the other party tis void in the whole. If money be awarded & not paid the party may either have his first action or action of debt
Moor 3.pl 9	In pleading a man should set forth the award & there- -in how he hath perform'd it.
Carth 378 Ld Ray 247	When anything is awarded in satisfaction the award is a bar, but where releases are awarded tis no bar till performance
2 Browne 137	Not necessary to lay time & place of the award

Assault & Battery

6 Mod 149 Ld.Ray.62 [Salk]407 p.12	Any injury whatever actually done to the person of a man, in an angry revengeful, rude or insolent manner is a battery
3 Bl.120	The least touching of another person wilfully or in anger is a battery
Hawk.P.C.130 3 Bl.120 6 Mod.172	A Parent may moderately chastise his child, a mas -ter his servt or his scholar. An officer having a warrant agt one who will not be asserted may beat or wound him in the attempt to take him. XXXXXX A man may beat wound or maim one who makes an assault on his person or on that of his wife parent child or master, or who attempts to kill a stranger I may justify an asst in defense of my land or goods In an action on the case the Deft must plead the matter of justification specially.
Inst.316 [ ].159	Every asst will not justify every beating

Assignment

2 Bl.326-7	In assignments of a lease for life or years a man parts with his whole property & the assignee stands in the place of the assignor
19.G.2.ch.1 143	Assignment of lease &c. to be recorded &c.
Co.L.214 27.G.2.249	To avoid maintenance a possibility, right of entry thing in action cause of suit or title for a con -dition broken cannot be granted or assignd over assignee of bond or note for money or tobacco may sue in his own name allowing all discounts the Deft can prove either agt the Plf himself or the first obligee before notice of assignment A personal trust not assignable

Assumpsit

4 Co 92	In assumpsit damages are recoverd in proportion to the loss sustaind by the violation of the contract. Indebitatus will lie in no case but where debt woud/lie.
Hutt. 34 Cr. El 240	Obligor in bond with.t any new consid.n promises to pay the Money Asst will not lie but debt
Hard 485 Sal.23.pl.3	Neither debt or genl Ind. ass. will lie agt the acceptor of bill of exchange but action on the case
LdRay.175	But debt or a genl Ind. may be brought agt th drawer
2 Vent.175	An Ind. lies for money won at play. paid by mistake
Salk 27. pl.14	An indeb lies for money recd to the Pl. use on an implied contract Lies agt sheriff for money levied on a Fi.Fa. All/promises are to be taken most strong agt the promisor & are not to be rejected if they can be reducd to XXXcerty
2 Buls.269	Wherever a person promises without a benefit arising to the promisor or loss to the promissee tis a void promise as being without sufft consideration
Leon.192 Cr.El.163	If the father of A & B lying sick declares his intention of devising a rent for his youngerson during his life & theelder in consideration his father will not change the lands promises to pay the rent in consequence of which the rent lands is not changd. This is a good consideration. A consideration altogether executed & past, unless made by a precedent request will not maintain asset.
Cr.Ja.103	Where the consideration is agt law promise void.

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Assumpsit

Polly Ambler

XXXMarch 1001	The Plf must set forth every thing essential to the Gist of the action with such certainty that it may appear there was cause of action. But the law requires no greater certainty than the nature of the thing requires The Deft must shew there was no contract, or that the contract was void & without consideration or that he has perform'd it. An entire promise cannot be apportion'd.
Cr.Ja.4832	The Deft. cannot plead that he has revok'd the promise.

Polly Ambler 

¹ March's translation of Brooke's new cases, King's Bench.
² Croke's English King's Bench reports tempore James I.

Attachment

Dyer 218 2 Haw.P.6 142, 145

Attachm't is a process that issues at the discretion of the Judges of a Ct. of record agt a person for some contempt for which he is to be committed & may be awarded by them upon a bare suggestion or on their XXX own knowledge All courts of record have a discretionary power over their own Officers & will punish them for disobeying their commands for executing them oppressively or otherwise misdemeaning themselves in their office

Sal.24.pl.4 Mod.21 2 Haw.P.6 154

Attach m'ts have been granted for speaking contemptuous words concerning the rules of Ct for disobedience of those rules & for the abuses of the process.

Audita Querela

	An Audit querela is a writ tn be releivd against an injust judgement or execution by setting them aside for some injustice of the party that obtaind them which cou'd not be pleaded in bar to the action. If A being within age becomes bail for B & judgement is given against him he may avoid it by Audita querela.

Authority

Co.L.181 113	A naked  authority must be  strictly  executed.  Several persons nam'd in a will to sell lands, one dies, the survivors cannot sell
Cr.Ja.153	Deed  not  deliver'd  till  after  the day of date, attorney makes XXXXX livery on  the delivery of the deed good.
Co.L.258	Letter of Attorney  to make livery absolutely, he delivers on condition good. Secus if to make livery on condion & he delivers absolutely.
Co.L.49	Testment made to A &  B. livery to  attorney to one in name of both good.  Authority cannot be transfer'd.  4  Co.77
Co.L.52	Must be executed during the life of the person that gives it.

 

Bail in Civil Causes

Vent. 55 3 Bl. 290	When the Shf arrests anyone he is olig'd to take bail otherwise an action on the case lies agt him.
22 G.2.Ch.4 171 27.G.2.Ch.1 296	Deft failing to appear, or give special bail when ruled thereto, the bail return'd shall be subject to the same judgement & have the same liberty of defence as Deft wou'd have had. No bail to be taken after judgement
22 G.2.Ch.4.172	In suit on a penal stat. the Deft not held to Bail.
2 Brown 296	Heir, Exr., or  Admr not held to special bail
22.G.2.Ch.4.178	Bail subject to judgement of Genl Ct in appeals The Bail liable to judgt &c agt Def unless he render his body in execution. If the Bail plead a render of the principal he must plead prout patet per recordum

Bail in Criminal Causes

1&2.Ph & Ma.Ch.13

Two Justices Quorum unus having examin'd the prisoner & put in writing so much as is material, as also the information of those who bring him may bail any person who is repevisable.

stat.West.1 3.Ed.1 Ch.15 1&2.Ph.& Ma.ch.13 4.Bl.295-6

No justice of peace can bail 1. on an accusati on of treason. 2. of murder, in case of manslaughter if the prisoner be clearly the slayer or if an indictmt be found agt him. 4th such as being committed for felony have broken prison. 5. Outlaws, 6 such as have abjur'd the realm 7. Approvers & such as are by them accus'd. 8 Persons taken with the mainour. 9. those charg'd with arson. 10. Ex-communicated persons. Others are of a dubious nature as 11. Theves openly defam'd & known. 12 persons charg'd with other felonies or manifest & enormous offences not being of good fame  13. Accessories to felony who labor under the same want of reputation. Others must be bail'd on offering sufft surety, as 14 persons of good fame charg'd with a bare suspicion of Manslaughter or other inferior homicide, 15. such persons being charg'd with petty larceny or other felony not before specified, or 16 with being accessory to any felony. The Ct. of Kings Bench mayadmit any person whatever to bail, yet will it pay due regard to the rules prescrib'd by H. West. 3.Ch.131

¹ West's reports, English House of Lords(?) or Statute of Westminster

Bail in Criminal Causes

2. Hawk P.C. 88	No person  shall be bail'd for felony by less than two. Justice taking insufft sureties, the party not appearing fineable.
2.Hawk P.C. 90	Justices before they bail a man under commitment must at their peril inform themselves of the cause of the commitment. bailing a man not bailable punishable by sevl stat. West.l.Ch.15.27.E.1.ch.3.182.P.M.13
Do.	To delay or deny or obstruct bail where it ought to be granted punishable by indictment as well as action
Haw.97	Where a person in Ct is baild for a crime punishable with loss of life or member, a recogn. may be taken from each bail in a certn sum of money body for body or both ways but bail is only liable to be fin'd
2.Do.115	For crimes of an inferior nature  the recog. only in certn sum
Do.	Recog. not forfeited if the Principal stands mute

  

Bailment

2.Bl.452	Bailmt is delivery of goods on a contract expres[sed] or implied that the trust shall be faithfully executed on the part  of the XXXXXX Bailee.
Co.L.89 4 Co.83	If A leave a chest lock'd with B without acquainting B with the particulars & take away the key the goods are still in possession of A.
Broke att. on Assise 20	The naked possession of chattels XX personal cannot be alien'd. If the goods of A are bail'd by B to C - C must redeliver them to B, but if C dies his Exr is chargeable only to A.
Doc.&.Stu.130 2 Sal.522.pl 1 Co.1.89 Cr.Ja.243 Do	Where goods are pledgd for money lent the pawnee may use them without injuring them & if they are stolen he shall not answer for them unless the money for which they were pledg'd had been tenderd
2.Leon 30 Yel.164	If the money be tenderd or the goods decay the duty remains The Pawnbroker hath a special property though the goods be not deliverd to him at the time of the money lent, provided they be deliver'd for the livery is not countermandable
2.Co.79	If goods be pawn'd without mentioning time of redemption the pledger has time during life though the pledgee dies.
4.Co.84 Cr.Ja.162	If a carrier, ferry man or hostler be robb'd he shall answer the value of the goods
Moore[?] 43	If A takes a XXXXXXXXX gelding to pasture & he be stolen no action lies agt A without a special  assumpsit to restore him

Bailment

Sal.26 pl.12 2 Ld Ray 209

My Lord Holt has laid down the following rules with regard to Bailment. There are six sorts of bailment which lay a care & obligation on the party to whom tis made 1. A bare bailt to another to keep for the use of the bailor, bailee not answerable witht gross neglect. 2. A delivery of g oods to another which are in themselves useful to keep, bailer if guilty of the least neglect or abuse of the loan answerable 3 A delivery of goods for hire, hirer to take all imaginable care & to restore them at the time. 4.A delivery by way of pledge if the goods are not the worse for using pawnee may use them at his peril as also if the keeping them be a charge, if not with-standing all his diligence the goods be lost he shall have/his/debt 5.Goods to be carried for a r eward. if you deliver them to a public or common carrier he XXXXXXXX XXXXXXXXX must be chargeable at all events, but if to one who has particular private employment he is not chargeable at all events though he receive a hire 6. Where goods are deliverd to do some act about them as carrying witht a rewd. The person to whom they are deliver'd only chargeable if they are lost by his own particular neglect.

Bargain & Sale

2.Bl.338	Bargain & sale is a kind of a real contra ct whereby the bargainor bargains & sells that is contracts to convey, for some pecuniary consideration, the land to the bargainee, & thereby becomes seis'd to his use.
[Br.Fox(?)] to uses.33 7.Co.40 Cr.El.394	No person can bargain & sell who cannot be seis'd to an(?) use. Though words of bargain & sale be used if no consideration of money be inserted it can only operate as a covt to /rec'd/ [  ]
2. Co.54	Any freehold or inheritance & possession remainder on reversion on an estate for use or years may be bargaind and be sold
8 Co.93 2 Co.35	A man seis'd of a freehold may bargain & sel l it for years but a man possess'd of a term cannot bargain & sell it so as to be executed by the statute.

Baron & Feme

Co.L.33 6.Co.22	The age of consent in an inft male is fourteen & in a female twelve. Both must be bound or neither
Bur.rep. 542	A wife seperated by articles, in consideration of money recd by the Husbd & covenants by him, cannot be seis'd & forcd to live with him
Co.L.351	If a man marries a woman seised on fee he gains a freehold. Baron & feme may by deed (the wife being privately exam?) transfer a freehold of which he is seis'd in her right.
Br. 24 Co.L.46 2.Bl.434 Co.L.300	Marriage is a gift in law to the husbd of the wifes chattels real, but if he does not dispose of them in his life they survive to her & he cannot devise them away. If the husbd survives the wife they are absolutely his
Pop.5.97 Co.L.46, 351 Cr.Ch.344	If a husbd possess'd of a term for seventy years makes a lease for twenty years to begin after his death this is good because a present interest passes. Secus if a rent be granted to issue out of the lands because the term comes entire to the wife by a title paramount the grant
2.Bl.433.B 3.Mod.186	Choses in action do not survive to the husbd on/the death of the wife nor has he any right to them but as Admr.
Salk 115 pl 4	Husbd & wife divors'd from bed & board the wife having alimony brings suit & is allow'd costs husbd cannot release them
Ver.261	A legacy was given to a feme covert who liv'd seperate/from her husbL, the Exr paid it to the feme & took her receipt for it, decreed to pay it over again to the husbd with interest.
1 Co 10	Lease at will not determin'd by marriage

Baron & Feme

4 Co 60	A will or submission to an award made by feme sole are revok'd by her subsequent marriage
Salk. 325 Ld. Ray. 315	Contracts or debts in presenti from hus'bd to wife, also such as are contingent & may happen during coverture are extinguish'd by marriage
2 Ver 410 Ch. Ca. 21 2. Vent. 343	A man enters into a bond to his intended wife condition'd to leave her £1000 & mortgages his estate not leaving personal assets to discharge the bond. Decreed in equity tho void in law
2. Ch. re. 81-79 2 Ver 17	Equity will set aside the intended wife's contracts enterd into before marriage when they appear to have been made with an intent to deceive & cheat the husbd & are in derogation of the rights of marriage.
Ver. 408	Widow before her marriage with a second husbd may without his knowledge, make provision for her children by the first
Moor. 468	The husbd. is liable for the wifes debts contracted before marriage whether he had any portion with her or not
3 Mod 186	Husbd. not liable for her debts before coverture unless recoverd in her life time
Haw. P. C. 65	Feme covert not punishable for theft if committed in compy. with or by coercion of her husbd. Secus if the theft be only by the command of her husband.
Haw. P. C. 3	If the wife incur the forfeiture of a penal statute the husbd may be made a party to an action or information for the same.
Ver.143	Sevl goods were devis'd to A's wife for life & after her death to B. Though A & his wife were parted & there had been great suits for alimony, & they during the seperation had wasted the goods yet husbd charg'd for this conversion of the wife's.

Baron & Feme

Mod. 128 2 Vent. 155 Salk. 116, 118. pl.10 2d Ld.Ray. 1006 Str. 647 Show. 283	A husbd may by law be compel'd to find his wife with necessaries suitable to his degree circumstances estate of which & of the wifes necessity the jury are to determine. The wife has no absolute power by any contract of hers though for necessaries to bind the husbd without his assent precedent or subsequent of which likewise the jury are to judge. If she cohabits with her husbd & bought necessaries for herself children or family the husbd is liable for them so if he runs from her, or turns her away, or forces her by cruelty to go away from him. But if he allows her a separate maintenance or prohibits particular persons from trusting her he shall not be liable during the time he pays that maintenance or for goods taken from the particular persons prohibited ---- If the wife pawns his cloaths & borrows money to redeem husbd not liable
Br.Dissesin 67	If Baron or stranger desseise another to the use of a feme covert her agreement signifies nothing. But if a Feme covert actually enters & commits a desseisin, binding
Dyer 159	Husbd & wife make a lease by indenture of the wifes lands reserving rent, he dies, she marries again, the second husbd receives the rent & dies she cannot avoid the lease.

Baron & Feme

Co.L.3	A femme covert is capable of purchasing, but the husbd may disagree & it shall avoid the purchase, though the husbd should agree to the purchase yet after his death she may waive it & if she does no act which proves her assent to it her heirs may waive it after her.
Moor.432 Str.239	In those cases where the debt or cause of action will survive to the wife husbd & wife are regularly to join in the action.
Salk.114	The fruit of the labor of the wife belongs to the husbd. for which he only shall bring the action unless there is an express promise to the wife.
Vent.328	For a personal tort done to the wife they must join & if the wife dies the action dies with her
Co.L.133	All actions for which the wife stood attachd at the time of the coverture, also for all her torts or trespasses during coverture the action must be brought agt both baron & feme
Co.L.351 Yel.166	If goods come to feme covert by trover, the action my be brought agt both but the conversion must be laid solely in the husbd.
Bro. B & F. 66 Co.L.933	A husbd who has abjur'd the realm or who is banish'd is civiliter mortuus, his wife must be consider'd as a feme sole
	A woman whose husbd had left her about twelve years had carried on a trade & given receipts in her own name, being sued for debt contracted in the course of her trade gave coverture in evidence & her husband was prov'd to have been lately alive in ireland. Jury found for Deft.

Bastardy

Sal.122 pl.5	All persons born in lawful wedlock are deemd legitamate unless there is an apparent impossibility that they shou'd be generated by the husband.
Br.bar.36 Co.L.344	If a person be castrate, be under the age of fourteen or out of the realm the issue are bastards
Godol.281	The usual time for the legitimation of children born after the death of the husbd is nine solar months & ten days.
Co.L.8	A lewd woman immediately after her husbds death married her adulterer & within six months had a child -adjudged to be her first husbands
Co.L.8	Widow married immediately child born within nine months & eleven days adjudged the secd husbds
Co.L.245	If there be bastard eigne & a mulier & on the death of the father the bastard enters & enjoys the land during XXX life the mulier cannot enter on his own issue
7 Co.44 Sal 120	No man can bastardize another after his death To exclude the mulier from his inheritance the possession of the bastard must be uninterupted & a descent cast to his issue.

26-16- 6 58   1   4 84-17-10

Bills of Sale

3 Co.81	Blood & natural affection a void consideration agt creditors
Mo.638	If goods continue in the possession of the vendor after a bill of sale of them, thoh there is a clause in the bill that the vendor shall account annually with the vendee for them, yet it is fraud.
3 Co.8l	A genl conveyance of them all without any exception, also a secret manner of transacting the said bill as that it be also unusual clauses containd in it, as that it be made honestly, truly, & bonafide are marks of fraud & collusion.
2 Bulst. 226	Possession of a lease for years after an absolute conveyance or gift fraudulent, secus if the conveyance or sale be conditional as that on paymt of so much money it shall go to the vendee
5.Co.60	Fraud need not be pleaded but may be given in evidence

Bill of Exceptions

2. inst. 426	At common law a writ of error lay error lay not for an error in law not appearing in the record & therefore. 13th of Ed. 1.ch.30. gives a bill of exceptions in such case.
2 Inst. 427 Dyer 231 pl 3 Ray.46	The stat. extends to all pleas dilatory or peremptory to prayers to be receiv'd, oyer of records & deeds &c also to any material evidence offer'd & overruld
2.Inst. 427	The party/must pray the justices to put their seals to his bill before judgement & after judgement they may (if they have before refus'd) be commanded to it
Vent. 366	The Ct. will not suffer the party to move any thing in arrest of judgement on the point on which the bill of exceptions has been before allow'd.

Burglary

Hale P.C. 80

Burglary is a breaking & entering the mansion house of another or a church or the walls or gates of a walld town with an intent to commit some felony.

Hale P.C. 81 Hawk P.C.102 4.Bl.227

One who comes down a chimney, opens a window, ^or breaks the glass thereof, unlocks the door or draws the latch of a door, or if persons coming to a house with an intent to rob it, are let in under pretence of business & then rob the house, or take lodgings in the house & then fall on the Landlord & rob him, or having brought a Constable with hue & cry bind the constable & rob - these cases have been adjudged burglary. Any the least entry either with the whole or with a part of the body or with a pistol or weapon is sufficient. There may be also an entry in law a.s where sevl come to commit a felony & some stand in parts adjacent while others enter & rob. It must be in the night, not day light to distinguish the face A house which a man dwells in but for part of the year Or which he has hird & brought nart of his goods in but has not yet lodged in, or which XX his wife has hird tho' with his privity & lives in will satisfy the wds mansion house. Also out buildings which are part of the mansion house, as a lodging in one of the Inns of Ct or in a house actually divided from the rest with a door to the street in which case the indictmt shd term it the mansion house of the proprietor. There must be an intention to commit a felony.

Carriers

Co.L.89	All persons carrying goods for hire come under the denomination of common carriers
Sal. 232. pl.11 Comyns 25 pl.10	The master of a stage coach who only carries passengers for hire not liable for goods of those passengers.
4 Co.84	If a carrier be robd he shall answer the value of the goods.
Vent. 238 Carth. 485	If A delivers a box to a carrier to carry & he asks what is in it & A tells him a book & tobacco, tho' there is a hundred pounds besides if the carrier is robd he shall answer for the money But if A being a common carrier receives by his book keeper from the servt of B two bags of money seald up containing as was told him £200 & the book keeper gives a receipt to this effect Recd of &c two bags of money seald up said to contain £200 which I promise to deliver such a day at Exeter to __ he to pay 10/pr Ct for carriage & risk. Though the bags contain'd £450 & the carrier is robd he shall be answerable only for the £200 for this is a particular undertaking; & the fraud of the Plaintiff.
Co.L.89 4 Co.83	A carrier may maintain trover & conversion agt a stranger by reason of his special property.
Hawk P.C. 90 Hale P.C. 60	If a carrier opens a pack & takes out part of the goods, or if he having brought the goods to the place apoointed takes them away again secretly animo furandi he is guilty of felony

Certiorari

F.N.B. 543	Certiorari is an original writ out of Chancery or the Kings bench to the judges of an inferior Ct. comg them to return recds of a cause depending before them.
22 G.2 Ch 4	Certiorari is not to be allow'd fter issue or demurrer joind. Cause once remov'd by certiorari & sent back by procedendo &c never after to be removd
27 G.2 ch.1.	Certiorari not to be granted here the matter in dispute was not originally cognizable in Genl Court.

Commitments

2 Haw. P.C.46	All persons who are apprehended for offences not bailable as also those who neglect to offer bail for offences which are bailable must be committed Also wherever a justice has power to bind a person over or to compel him to do such a thing he may commit quousque &c if in his presence he shall refuse to be bound or to do such a thing
2.&3. P.& M Ch.10	Previous to commt the justice must take the examinatim of the Prisoner & the information of those that bring him & certify the same in writing.
2. Haw. P.C.119, 120	Every commitmt must be in writing under the hand & sea1 of him that made it, shewing his authority & directed o the keeper of the prison. It ought to set forth the crime with convenient certainty Every Mittimus ought to have a lawful conclusion And if grounded on an act of Parliament ought to be conformable to the method prescribd by that Statute.

Condition

C.L.203	The word condition or sub conditione does most properly create a condition. Other word create con -dition as proviso; but it must depend on another sentence, also it must be the words of the grantor and compulsory to enforce the grantee to do some act
Co.L.204	As the intent of the testator chiefly governs in wills these words faciendum, faciendo ca intentione, ad effectum &c create a condition
[ ] 12 9 CoXXX 85	Conditions cannot be annex'd to estates of inheritance or freehold estates without deed. Secus of Rents annuities warranties &c. Executory interests. Also of Chattels. A person cannot resign or a condition be releas'd on condition. A man cannot release a personal thing on a condition subsequent, secus on a condn precedent.
Moor 92 8 Co.44	Conditions can only be reserv'd to parties & privies, their Heirs Feme covert & infant hound by express conditions.
5 Co.68 Cr.Ja.398 Vaugh.31 Co.L.163	Conditions which defeat an estate are to be taken strict -ly therefore if a man leases lands for years on condition that the lessee /nor his assigns/ shall not alien but to one of his bro- -thers & the lessee aliens to one of his Brothers the assignee is not within the condition but he may alien to whom he pleases. If a man makes a lease for years by indenture

Condition

Co.L.203	provided always & it is covenanted & agreed between the parties that the lessee shall not alien this is both a condition & a covenant.
2.Bl.154 1 Vent.202 10 Co.42	When the estate is so expressly confin'd & limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail this is denominated a limitation. These words are proper for its creation While, so long as, until, &c. In such cases the estate determines so soon as the contingency happens & the next subsequent estate which depends on such determination becomes immediately vested without any act to be done by him who is next in expectancy. But though X strict words of condition be used in its creation yet if on breach of the condition the estate be limited over to a third person the law construes it into a limitation.
Ver.79, 167 2.Vent.952	In equity with respect to conditions precedent & subsequent the prevailing distinction seems to be to releive agt the breach or non performance of a condition where a composition can be made. As where one devised L 10000XX a piecelands to J.S. his

Condition

2.Ver.366	kinsman paying £1000 a piece to his two daughters who were his heirs at law and J.S.made default & the daughters recovd in ejectmt yet J.S. was releiv'd on paymt of principal, interest & costs.
2.Bl.156 2 Vent.109 10 Co.38	If a condition be impossible at the time of its creation or afterwards become impossible by the act of God or the act of the feoffer himself, or if (struck through)they(struck through)/ it/ be contrary to law or repugnant to the (struck through)estate(struck through) nature of the estate tis void.
Co.L.206	If the condition of a bond be impossible at the time of making it the condition is void & the obligation stands single. But if the condition is possible at the time of making it & becomes impossible at the time of making it by the act of God of the law or of the Obligee &c the obligation is saved.
Eq.Abr. 18	The condition of a bond was to settle certain lands in such a manor by such a day; the obligor died before the day the bond savd at law, but a specific execution decreed in chancery.
Cr.El.815	If there be lessee for years on cndn not to lien with<supra>t/supra> the assent of the lessor, makes his Exr & devises it to him & the Exr enters generally the testator not being indebted to any body, this is forfeiture of the condition

Condition

7 Co.56 Vaug.32	If there be a nomine pend given to the lessor for the nonpayment of the rent he must demand the rent before he can be entitled to the penalty. Or if the clause had been that if the rent were behind that the estate of the lessee shoud cease & be void, In these cases a demand must be made at the day prefixd for the payment & alledged expressly to have been made in the nleadings.
Dyer. 656	But where the power of reentry is given to the lessor for default of payment without any further demd the lessee has undertaken to pay it whether demanded or not
Vaugh.31	If words of limitation be us'd the Lessee must at his peril pay the rent If man leases land on condn that he shall not alien the land or any part thereof & after aliens part with the assent of the lessor the whole condition is dispens'd with
Co.L. 202	It is laid down as a rule that he who enters for a condition broken shall be in of the same estate he was before & therefore shall avoid all mesne incumbrances.
Co.L.30	But a man entitled to be tenant by the Curtesy makes a feoffment in fee on condition, enters for condition broken & then his wife dies he shall not be tenant by the Curtesy

Condition

Lit.sec. 337 Co.L.308	If a man makes a feoffmt in fee with condition to be void if the feoffer pays a certain sum of money to the feoffee & he dies before paymt the heir cannot pay it. But when a day of paymt is limited & the feoffor dies before the day his heir/may tender the money
Co.L.207 5 Co.96	If A enfeoffs B on condition that B ehall pay money on a day & before the day B enfeoffs C either of them may tender the money
Co.L.210 5 Co.97	If a man bargains & sells lands with a proviso that /it/ the vendor before such a day pay so much money to the vendee his heirs or assignes then the sale to be void a tender to the Exr is not good. secus if a feoffee be to pay money to the feoffer. Designatio unius est exclusio alterius.
Cr. El.798	If the condition of an obligation be to pay less sum & no day of paymt be limited the obligor ought to pay it presently that is in convenient time.
Cr.El.363	The intent of the condition must be honestly performd. If the condition be in th copulative & it is not possible to be perform'd it shall be taken in the disjunctive
Hob.103	If the condition of an obligation be that the obligor shall pay £10 to th obligee which is for the rent of certn lands & the obligee enters on the land & so suspends the rent yet this shall not excuse the paymt for it is but a recital that it is for rent & therefore not material.

Condition

Co.L.207 Cr.El.755	If the condition of an oblig~tion be to pay a small sum at a certain day & the obligee refuses it at the day, tho' this saves the penalty yet the principal must be naid. Secus if the condition be for the performance of an act collateral to the obligation
Cr.El.755 Cr.Ja.14	Regularly if the condition be to be perform'd by a stranger & he refuses the obligation is forfeited. If the condition be to make a gift in tail to a stranger who refuses obligation and because it was intended that the feoffeeobligee shoud have the reversion

Coparceners

Co.L.163	If a man having lands in fee hath issue two daughters & one of them is attainted of felony & the father dies both daughters being alive one moity shall descend to the innocent daughter & the other moity shall escheat. Had it been remainder to the right Heirs of A whoXX is dead leaving issue two daughters when of one is attaint ed of felony the remainder void for the whole
5 Mod.141 Ld.Ray.64 pl. 1	One coparcener cannot before partition mke avowry for the moity of a rent
Co.L.164	If coheirs are disseir'd before partition their possessory action must be joint, secus of an action brought by their issue
255 Co.L.171	If two parceners of full age make an unequal partition it shall bind them secus if one had been within age
8.Co.101	If two Parceners take husbands who make an equal partition this shall bind their wives, secus if the partition be uneql
F.N.B.62 Booth 244	When a partition is made by writ tis directed to the sheriff to summon the refractory coparcener to shew cause why she will not make partition of the lands &c. There are two judgements, the first that partition be made between the aforesd parties of the aforesd tenements & appurtenances, on which there goes out a writ to the sheriff commanding him to go in person with a jury to the tenemts to be divided & there in presence

Coparceners

Booth 245 Co.L.167 Cr.El.9	of the parties (if they anpear on summons) by the oath(?) of twelve men, to make An equal & fair partition & then return the inquisition of the partition annex'd to the writ under the seals of the Sheriff & the jurors whose names are likewise to be return'd
Dalison 28	All must be concluded in a partition by writ. There is a condition annex'd to a partition that if either the whole of any one share, or an estate for lif or in tail, be there out evicted by entry witht action the party may avoid the partition.

Costs

22.G.2 ch 5 180 Cr.Ch.141 Sal.206. pl.5 Mod.129 2 Ld.Ray.831 Str.645	In actions of Asst & battery & slander if the jury give under five pound damages in the Genl. Ct. or under forty shillings in Chy Ct . Plaintiff shall recover no costs. In the construction of a similar stat. in Engd it has been held that it extends not to slander of title or to slander which can only lie where there is special damage, or in an action for beating his sert per quad servetium amisit.
G.2.ch 5 180	And in all actions of trespass & all other personal ac- -tions where it shall not be enter'd on accd. that the interest &c. in lands might be in dispute, or that the trespass was wilful or malicious if the jury find under forty shillings the Pltf shall not recover more costs than damages
Sal.314 pl 21	Exrs or Admrs Plfs pay no costs unless the action is brought in their own right as for a conversi- -on or trespass in their own time
25 G.2 ch 5	Also in Chy Ct. unless Ct. shall certify probable cause for prosecu /tion
7.G.3.ch.23	Prosecutors for offences not capital in Genl Ct. whose names sh~ll be set at th foot of the indictmt liable to costs on bill not found or deft acquitted.
Vent.193 Sal.206 pl 4 2 Inst. 288	A common informer on a popular stat. can in no case recover costs unless they be expressly given by such stat.

Costs

Cr.Ch.559	But in an action on a stat. by the party griev'd for a certain penalty given by such stat. Plaintiff shall recover costs
10.Co.116	Where damages were before recoverable & a stat. encreases them to double or treble the value, costs also as parcel of the damages shall be trebled

Where there is nothing in the will which can convince the mind of the Court that no favor was intended by the Testator to those children born posterior to the Divise

Covenant

1.Ch.Ch.294	Any wds in a writing seal'd. &c which shew the parties concurrence to the performance of a future act will create a covenant.
Sal.197 . pl 3	Covt on deed poll the parties must be nam'd therein
5.Co.XX 17	If a man makes a lease for years of land by the words concessi or demissi these import a covenant.
4.Co , 80	Bond for performance of covts genly extend to covts in law & deed. But an express covt qualifies the generality of covt in law.
Owen 104	Covt does not lie for goods leas'd by indenture though they be evicted within the term.
5 Co.18-19	Where there is a joint interest the action of covt must be joint. But if two bind themselves severally to pay money the obligee may sue which he pleases
Str.Cas.12 Cr.El.553	In every case where the testator is bound by a covt the Exr. shall be bound by it if it be not determin'd by his death
And .55 Vent. 175	Covts real or such as are annexd to the estates shall descend to the heir of the covenantee & he alone shall take advan- -tage of them. Secus of covts in gross .Also for Breaches in the time of the covenanter action shall be brought by Exr.
Cr. El. 457 5.Co.16	The assignee of a term is bound to perform all the covts annex'd to the estate, as where it extends to a thing in esse
5 Co.15 Cr.Ja.438	If the covt be for a thing not in esse; Assignee not bound unless nam'd. If the assignee be nam'd yet if the thing to be done be merely collateral & no way concern the thing demisd, it shall not bind him

Covenant

Hard. 87 5 Co.17	Assignee not bound by a covt for the delivery of per- -sonal things though particularly namd
Ba.Cov.32 Cr.Ja.309 Ray.303 Sal.31.pl.2 Ld.Ray.368 4 Co 80. 5 Co. 17. Cr.El.303 Cr.El.599	Where a man leases for years & covenants for him & his assigns, the lessee assigns over.Lessor has his action agt assignee or Lessee. Also an Assignee who assigns over is liable for the rent due before & during his enjoymt Lease by indenture covt in law created by the word de- -mise shall go to the assignee. So of all Covts vrhich run with the land.
8.Co.83	All contracts are to be taken according to the intent of the parties express'd in their words & if there be any doubt it shall be construed most strong agt covenanter
Sid.309 Ray.27 Broke obligation Dyer 4.28	If the principal thing to b perform'd as conveying an estate &c /be void/ further covts which are relative & dependant thereon are so likewise. So if lessee for years grants so much of the term as shall be to come at the time of his death & covts that the lessee shall enjoy it & gives bond for the perforwance of covts, yet the principal thing Viz. the grant being void for uncertainty, both bond & Covts are void likewise.
Sal.198 pl.4	Where A covts not to do an act which was lawful to do an act of Parlt comes after & xompels him to do it it repeals the covt, so if covts to do a thing which is lawful & an act hinders him from doing it.

Covenant

2 Jones 195	Secus if a man covts to do a thing which was unlawful & an act comes & renders ti lawful. If two men on sale of their wives lands covt that they & their wifes have good right to convey lands & to make farther assurances if one of th wives be within age the covt. is broke
Cr.Ch. 176	In an action of covt several breaches may be assign'd other- -wise in debt on an obligation condition'd to per- form covenants.
Cr.Ja.661	If the breach be assign'd in the words of the covt sufficient.
Co.L.303 Cr.El.635	If a man be bound to perform all the covts in an in- -denture if they are all in the affirmative he may plead performance generally. Secus for the negative
Lev.152 contra 2 Mod.309 5 Co.78 Cr.Ja.645	It has been adjudged that where there are reciprocal covts in the same deed one may be pleaded in bar of the other.
? pl.2	If the assignee of a term have a covt from the assignor that he shall quietly free from all arrears of rent &c if there be rent arrear yet he cannot assign this as any breach/of the covt unless he be sued or charged therewith
27 G 2, ch6 181	In actions on bonds for performance of covts &c. jury may assess damages for such breaches as Plf shall prove. And on Demr for such as Plf shall assign after judgmt. Such judgmt to remain as a security to the Plf. his Exrs. or Admrs on which they may have a XXXXX scire Facias agt Deft & assign any other breach.

Curtesy of England

	If a man marries a woman seir'd of lands of inheritance & has issue by her which might possibly inherit those lands he shall be tent by the Curtesy
D.& stud. 203 Co.l. 123 Co.L.144	He cannot be tent. of a [ ] at common law or what is now called a trust, or of an Annuity after writ brought
7.Vin.156 pl.23 Co.L.30.326 Dyer 363 pl.26 8 Co.72	A man may be tent. of an equity of redemption If a husbd after issue makes a feoffment in fee & the wife dies the feoffee shall hold it during the life of the husbd. But Quere if such feoffment or lease made before issue shall be good by subseqt issue.
2 Inst. 309	If Tent by curtesy attempt to alien a greater estate he in reversion shall have a writ of entry.
Br. [ ] 6 Co.111	If the husbd make a feoft in fee & retake an estate to him & his wife by which the wife is remitted he shall not be tent. by the curtesy

Damages

Co.L 42	If Tent for life & he in reversion join in a lease for life & then in an action of wast tent for life shall recover the place wasted & he in reversion damages.
Morr 419 Vent. 267	In all actions which sound in damages the jury may give what damages they think proper, though in con- -tracts the very sum specified & agreed on is usually given yet if there are any circumstances of hardship fraud or deceit, XXX tho not sufft to invalidate the contract the jury may consider them & proportion & mitigate the damages accordingly
10 Co 117 Cr.El.544	Impersonal actions the Plf shall recover damages only for the tort done before the action brought & cannot recover more than he has counted for
Br. Dam. 68	Plf in Detue may recover more damages agt Garnishee than he has counted for
Roll.Abr. 578	In trespass for rescuing distress, Deft justifies on special matter, demurrer, for the Plf he shall have the damages he has counted for
Yel.45 vide 11.Co.56	Where the jury find higher damages than are containd in the declarn Ct may give judgmt for so much as the party hae declard for or plaintiff may release
11.Co.6 Cr.El.860	The jury cannot regularly assess sevel damages for one trespass with which the Defts are jointly charg'd. But if one Deft is found guilty at one time & the other at another time sevl damages may be

Damages

3 Mod.12	be taxed & the Plf hath election to take execution de melioribus damnis
3.Tal.15 pl.6 Ld.Ray.116	In battery pro amputatione manus dextrae the Court may increase the damages for it is apparent from the recd & view of the Ct.
	So in trespass on a nihil dicit if a writ of enquiry of damages be awarded the Ct. may encrease or di -minish the damages found by the inquest adjudged in an action of asst Battery & wounding
Yel.176 Cr.Ch.438	If action of trespass if brought on a Stat. on which the Plf is to recover double or treble damages the damages are to be assised by the jury & doubled by the Ct.

Debt

	If the Stat. prohibits a thing under a certn penalty & pres- scribes no particular method for recovering it, the party shall have an action of debt.
3.Co.22	On a contract debt lies not till all the days of paymt are pass'd.
Lev. 54	If one enters into a contract to pay money &c at his sevl contingencies the obligee has his action at th hap- pening of either of them
22.G.2.Ch 27 p. 249	Debt may be brought on promissory note for money or tobacco & by assignee of bond in his own name and for money due on protested bills of exchange agt the drawer or indorser or both.
22.G.2.Ch.10	Debt will lie for rent due on a lease for life as well as years
4.Co.49	If a feme lessee for life takes husbd & dies debt lies agt the husbd for rent issuing out of the land.
Cr.Ja.88	If a man sells certain cloths for £66 flemish money he may bring an action of debt for £39-12 monetae angli & setting forth the special matter & avering that £66 flemish money was at the time of sale worth £39.12 english money & that the deft has not paid &c.
5.Co.32	If an Exr recovers any thing in the right of hist testator it must be in the detinet only.
2.Ja.685	But if an Exr. takes oblign for debt due to his testa tor in debt on this oblign it must be in the debet X & detinet

Debt

Cr. Ja. 685	So if an Exr sells the goods of his testator
Vent . 321	Also debt agt the Exr shall be in the detinet only unless after judgemt R devast[avi]t is suggested
Cr.El. 74	But if debt be brought agt Exr for arrearages of rent in curr'd after the death of the testator it shall be in the debet Debt agt Baron & feme for debt before marriage in debet. In debt on an oblign the deft cannot plead nil debet In debt for rent with deed the proper plea is non est factum

Descent

2.Bl.208	Inheritances shall lineally descend to the issue of the person last actually seised but shall never lineally ascend
2.Bl.212	The male issue shall be admittee before the female
Do.214	The eldest only of Males shall inherit but the females all together
Do.217	The lineal descendants in infinitum of any person deceas'd shall represent their ancestor
Do.220	On failure of lineal descendants the inheritance shall descend to the blood of the first purchasor
224	The collateral beir of the person last seised must be his next collateral kinsman of the whole blood
234	In collateral inheritances the male stock shall be prefer'd to the female unless where lands have descended actually from the female
Co.L.15	If the eldest son enters yet if the relct of the (struck through)widow(struck through)/father/ be endow'd & the eldest son dies the brother of the half blood & not the sister shall have the reversion of the third part For the widow is [ ] in continuance of her husbds estate Secus if the eldest son had made a lease for life & leseee had endowed the widow.
Lit.sec. 387.8.441	In descents which toll entries it is requir'd that the ancestor die seis'd of a freehold & fee

Descent

A man seis'd of lands in fee on condition dies seised if the condition be broken in his life it does not take away the right of Entry 1n the feoffer. Lit. sec. 391.

If a man seis'd of lands in fee devises them to another in fee & dies whereby the descent in law is cast on the devisee, & the heir before any entry made by the devisee enters & dies seised, this descent shall not take away the entry of devisee because he would be without remedy having never had possesion. Co.L.240.

If the younger son enters by abagemt & dies seis'd yet the Heir or his issue may enter. Secus if the younger son has made a feoffmt in fee & the feoffee had died seis'd. Co.L.342

Or if the elder brother had enterd & been disseis'd by the younger L.l 397

The same law holds of intrusions Co.L.243

The entry of infts & feme coverts not taken away by descent s. L.Sec. 402

So desct lost during imprisonment, or absence in foreign parts /Co.L. 255/

Detinue

	In detinue th party is to recover the thing in specie or damages for the detainure.
3. Bl. 150	To ground an action of detinue these points are necessary. 1.That the deft came lawfully by the goods as either by delivering them to him or find- -ing them. 2d. That the Plf have a property 3. That the goods themseves be of some value & 4. That they be ascertain'd in point of identity
Sid.172 Yel.165	Detinue lies only for or agt the husbd for goods detaind by or from a feme covert before marrige.

Devises

2.Ver .104	A woman whose husbd is banishd for life by act of Parliamt/may make a will
Cr.El.27 Cr.Ch.219	Husbd may bind himself by covt or bond to per- -mit his wife to dispose of legacies &c. & this is such an appointmt as the husbd will be oblig'd to stand to.
Co.L.112	A wife may be devisee tho' not grantee to her husbd
2.Mod.315 Ld.Ray.262 Str.73	An infmale may devise his lands at 21 his negroes at 18 & his personal estate t 14 years of age; a female may dispose of her personal estate at 12 years old.
Sal. 231.pl.10 Ray.163 Sid. 153 Lev.135 Ray.162	It has been doubted whether a devise to an inft in ventre sa mere is good but all agree that a devise to an inft when he shall be born or wher God shall give him birth is good & that the freehold shall descend to the heir at law in the mean time.
Plow.343 Yel.347. pl.16	If a man devises lands in which he has nothing & after purchases them such a devise is void.
Mod.217	If a man devises lands & is disseisd & dies before reentry the devise is void.
Ch.Ca.39	After articles agreed on for a purchase, the purchasor devises the land & dies before a conveyance executed, yet the land passes in equity
2.Ver.689	An equitable interest deviseable as well as a legal estate

Devises

3. Lev. 427	A mere possibility not deviseable.
Abr.Eq. 175.6	A right to set aside a release deviseable & the devise of all the residue of the testators estate to the wife &-constituting her sole Execx apt words for that purpose
Co.L.6 2. Bl.108 Cr.Ja.416 Hob.2	If a man devises lands to another forever, or in fee simple, or to him & his, or th~t such a one shall be universal heir a fee passes. So if XXXX A devises land/s to B to give sell or do what he pleases with it, or to B & his blood, or to B & his succeesors. So if the words be I release all my lands to A & his Heirs or I will that A shall have my inheritance or that A shall be heir to all my lands.
Cr.El.378 5.Co.21 2.Sal.685	A Device shall be intended for the benefit of the devisee therefore wherever there is a sum in gross to be paid the devisee has a fee
2.Ver.564 Sal.234.pl.13 Cr.Ch.447	The word estate in a devise generally passes a fee But where the word estate is coupled with chattels it may be construed to mean only chattel interests
Co.L.9	A devise to a man genly construed for the life of the devicee
Cr.El.498	Tho' a devise on a consideration genly passes a fee yet where there are express words to determine the intent of the devisor there the devise shall be construed accordingly

Devises

9.Co.128 Vent.230	If a man devise lands to his son B & if he has issue male of his body lawfully begotten then to his issue, if no issue male devises over, B has an estate tail
Co.99	Wherever the ancestor takes an estate for life & there is a limitation to his heirs or issue then words are words of limitation & not of purchase
6 Co 16 sec Vent.212	Lands were devis'd to A & his wife & after their decease to their children they having then a son & a daughter living, A & his wife have hird an estate for life
Co.66 2.Ver.427 10 Mod. 181 Abr.Eq.184	An express devise of an estate for life is sometimes not enlarged by a subsequent limitatio to his heir
3.Co.96 Cr.El.311	If a man devises lands to his Exrs for paymt of his debts &, after paymt the remainder shall not vest title the debts are paid & the estate shall go from Exr. to Exr. for that purpose.
Co.L.112, 236	A man devises lands to be sold by his Exrs or to his Exrs to be sold, the Exrs shall have the profits before sale to their own use secus if the devise had been that his Exrs shou'd sell his land.
3.Co.20 Cr.El.202	A devises lands to his Exrs till his son comes of age, the profits to be applied to the performance of his will though the son dies before he comes

Devises

Ch. Ca.113	of age yet the interest of the Exrs continues till he wou'd have been of age.
Abr.Eq.395 Gil. eq. rep. 36	A man devis'd land to his wife till his son & heir appa- -rent shou'd be of age & then to his son & his heirs, the inte- rest of his wife determines by the death of his son before 21. & the remainder vests in the son on the death of the testator
Cid 151 Sec Lev.264	A term was devis'd to B & if he died within the term the residue to C after he attains the age of 21 if C dies before 21. B, tho' he dies first has a bequest of the whole term.
4 Co. 82 Cr.El.390 Bl. 4.3. pl. 1 Eq.Abr.197	A devis'd lands to B & C till £800 be rais'd out of them. B & C have the lands no longer than till they might have recd if out of the profits unless the disturbance is by the heir
2 Ver.708	Creditors are so far favor'd especially in equity that where ever it appears to be the testators intent that his lands shou'd be liable for his debts they shall be subjected thereto tho there be no express words to charge them. As where A devises that all his debts &c be paid in the first place
Ver.1O4 2.Ch.Ca.2O5	If lands are devis'd to trustees for paymt of debts & C gains out of the rents & (underlined)profits(underlined) trustees may sell the land itself
Vagh.251 Cr.Ja.75	Where estates are created by implication to the dispersion of th heir at law the implication must be necessary & not merely possible
Vent.230	Where the devisee takes a particular estate of

Devises

	inheritance by express words in the will, such estate shall not be enlarg'd by implication
Levin 418 Sal.237.pl.16	A devise of things personal is good though the testator had them not at the time of making his will.
Cr.El.387	By a devise of all goods a lease for term of years has pass'ed.
Ver.35	Devise to A for life & after his death to the heir of B. Goods vest in him who was heir of B at his decease
2.Bl.172.3	An executory devise needs not any particular estate to support it. A fee simple or other lessXX estate may be limited after a fee simple. A remainder may be limited in a chattel interest after a particular estate for life created in the same
Cr.El.205	The contingency on which it is to vest must happen in a life or lives in being or nine months after a life; or a reasonable number of years
Cr.Ja.590 Vagh.272 2.[Rol ?] rep. 497	An executory devise bein a mere collateral possibility is not bound by a recovery.
2.Mod.289 Abr.Eq.288 Ld.Ray.204	One devises lands to his wife till his son comes to the age of 21 years then to person the fee vests immediately in the son though the wife shall enjoy the lands
Str.132.Sal.226 pl 4 2.Sand.330 4.Mod.234 2.Lev.39 3.Keb.11 3.Sal.299	Where a contingent estate is limited & depends on a freehold which is capable of supporting a remr it shall never be construed an executory devise but a contingent remainder.

Devises

Sal.226.pl 4 226 Ld.Ray.3 2.wILL.20 P.56	A remr limited per verba in presenti shall not be construed an executory devise
Dyer.303 Vent 224 Cr.Ja.448	No cross remrs can be created by implication in a will unless the words do plainly express the intent of the devisor to be so, as where det acres are devis'd to A.B.& C. & if they die without issue of their bodies or any of them the lands to remain over there by reason of the words any of them they h&ve cross remainders
3.Lev.127 Co.L.18 3.Ch.Ca.35	Where th testator makes the same disposition of his estate as the law wou'd have done, or where his disposition is in such genl terms that his intention is uncertain, or where h is establishing a settlement agt the reason and policy of the law the will has been rejected.
Cr.Ch.298	If on having bnds in fee & other lands for years devises all his lands & tenements the fee simple lands only pass. secus if he had only lease for years
2.And.123	If a man devises his house in A & his lands in B a house on his lands in B will not pass
2.Vent.285 2.Ver.461, 621 Abr.eq.211	A Devise of all his lands not before devis'd, or of all the rest of his lands, or of all his lands out settlement &c sufficient to pass the reversion of lands out of which ea particular estat was before devisd So a devise of al his lands, tenements & hereditatments

Devises

2.Ver.623	By a genl devise of all lands tenements & hereditaments Mortgages in fee tho' forfeited will not pas
Abr. eq. 214 3.Ver.729 Co.L.24 Dy.44	A description of a person by the name of heir tho' not heir genl operating with the intention of the testator, suft to ascertain the person to take. The authorities of old books contra
Plow.345 Cr.El.422	If a man devises lands to A & his heirs & A dies in th life of the Devisor, B the heir of A takes nothing
Cr.El.423 sec 2.Vent.722	If there be a devise to A for life remr to B in fee tho A die in the life of the Devisor or refuse , B shall take.

Disseisin

3lBl.169 Co.L.277

Disseisin is a wrongful putting out/of him who is actually seised of the freehold.

Distress

Co.L.47 5.Co.3	If the lessor reserve not the reversion h cannot distrain witht a clause of distress
Co.L.169 3.Co.22	A rent granted for equality of partition by one Parcener to another, or to a widow out of lands whereof she is dowable in lieu of her dower, or by one person to another on an exchange may be distrain'd for of common right
22.G.2. Ch.10.p.204	Landlord may distrain for rent arrear after the lease is determind provided it be within six months after such determination, during the land lords interest in the lands & the Tenants possession.
3.Bl.7. CoL. 47	Those things of which no man can have a valuable property cannot be distrain'd.
3. Bl. 8 Cr.El.569, 552	Whatever is in the personal use or occupation of a Man is for the time privileg'd from/any distress. Also valuable things in the way of trade
3.Bl.9.10 7.Co.7 3.Co.92	Things for which a replevin will not lye, as money out of a bag, cannot be distressed. So of things which cannot be return'd again in the same plight. Distress for rent shou'd be made in the day. It may be taken in a house if the door be open or out of a window
22.G.2. ch.10.p.204	Goods fraudulently remov'd may within ten days be seised & sold as if they had been distrein'd on the premiss, provided they had not been bona fide sold before the seisure.

Distress

22 G2 Ch 10 p.202	Goods distrein'd & not replevied within ten days after such distress & notice given at the chief mansion house or other most uublic flace on th land , by giving (struck through)bond(struck through) sufft<\ surety for paymt of the rent within three days may be sold to the highest bidder
Co.L.47 2 Inst.106 3. Bl.13 4.Mod.385 Ld.Ray.53	Goods distrein'd if live to be out in a pound overt if dead & liable to damage to be put in a pound covert within three miles of the premises
Sal.247 pl.1	On a similiar act of Parliament with our act of assembly it has been determind that notice given the owner of the goods is sufft whether it be left at the chief mansion hous or not.
3. Bl. 12 Vent.183 2. Inst.107	Distress must be reasonable. A man may distrein an ox or a horse for three pence provided there be no other distress on the premises.
Co.L.47 22.G.2 Ch 10.p.203	If distress be witht cause owner may rescue the goods before they are impounded.--may have an action of trespass or on the case agt the party distreining their Exrs. or Admrs. & shall recover double the value of the good distrein'd & sold.

Dower

Co. L.33 13.Co.22 2.Bl.XX 131	The wife must be above nine years old at the death of her husbd otherwise she cannot be endow'd.
Co.L.33	If the husbd be attainted of treason or the wife be at- -tainted of treason or felony she shall not be endow'd unless she be pardon'd.
4.Arn (?) ch.2.p.31	Widow of person dying intestate allow'd to remain in the mansion house & plantation thereunto adjoin ing witht paying rent until dower be assign'd her
2. Bl.130 Lit, sec.36 10.Co.98	A woman is entitled to be endow'd of all lands of which her husbd was seised in fee simple or fee tail during the coverture & to which her issue might possibly have been heir. This excludes frdvrnfible freeholds.
Brook 6 sec Cr.El 564 3. Lev.437	To entitle the wife to Dower the husbd must have the freehold & inheritance in him simul & semel, but an intervening estate for years does not bar her dower
Salk 54.pl.4 Ld.Ray.326	If the husbd makes a feofft of lands & the feoffee improves them yet the wife shall only be endow'd of the value they were of in the husbds time.
Inst.32 Perk.328 Perk. 366	If the husbd have only a right of entry during coverture & have neither a seisen in fact or in law the wife shall not be endow'd.
Co.L.35 2 Co. 67	If a disseisor &c assign dower this shall not be avoided unless they be in of such estates by fraud & covin of the woman

Dower

Dyer 343 Co.L.34.37	A woman entitled to dower cannot enter until it be assign'd to her & set out either by the heir terri tenant1 or sheriff in certainty.
2. Bl.136	If the thing of which she is endowed be divisible it must be set out by metes & bounds if indivisible she must be endow'd specially as the third toll [dish to a mill(?)] &c
7.Co.37 Cr. El. 451	The assignment of Dower must be absolute
4.Co.l22	If lands assign'd for dower be lawfully evicted by elder title the widow shall be endow'd anew
2.Bl.136 13.Co.23 4.Ann. Ch.4.p 24 19.G 2. Chl. p133 1.G.2.Ch4.84 2. Bl.137	A widow may be barred of her dower by elopement or being forc'd away, by living voluntarily with he r adulte- -rer unless/her husbd be reconceild to her, by divorce a vinculo matrimonii, the treason of/her husbd, by detaining the title deeds or evidences of the estate from the heir untill she restore them by aliening the land or negroes assign'd her for dower, or sending the slaves out of the State witht consent of him in reversion or by feoffmt of husbd & wife, the wife being privily examind or by her husbds will, she not renouncing it within nine months or by jointure
[ ].2.13	Tents in Dower to recover damages only from the time of requesting it.

¹ i.e. terre-tenent, one who is literally in the possession of land, as distinguished from the owner out of possession.

Dower

Duress

Co.L.253 Jenk.166	Where a person is illegally restrain'd of his liberty & enters into a bond or other security to th person who causes the restraint he may avoid the same for duress of imprisonment.
2.Inst.483 2.Ver.497 Cr.Ja.187 Sid.123	A man may avoid his own act for fear of loss of life or member, or mayhem or imprisonmt. Also in eqty a man may avoid his deed tho' the terror & force are not sufft to make it duress at common law The duress must be done to the party himself his father, his son, or his wife.
5.Co.119	Deed by duress to be avoided by special pleading judgement in actio.

Ejectment

Sal.225 pl.5 Barnes 120 2.Bur.1116 Rep & ca.of practice C.P.115	Declaration must be servd (struck through)on the premises(struck through) on the Tent himself or his wife/on the premises/unless he absconds in which case it has been holden that it may be serv'd on his neice, father son or daughter. An affidavit that the declaration was serv'd if the Deft does not appeair & enter into the common rule Plf moves for judgmt agt the casual ejector.
Sup.to Barnes 24.25 2.Barnes 148	If there be sevl persons that claim title the rule may be drawn genly or particularly. Genly that he who claims title to the premises in question in his possesei- -on shou'd be admitted deft for such missusages XXX & this puts a necessity on the Plf to distinguish by proof what tenements are in each defts possession Or specially that B who claims title to such lands expressing them particularly shou'd be admitted deft. In which case the defts
Barnard K.B.48	Attorney shou'd give a note of the lands for which he was admitted deft. If on the trial the deft will not appear & confess lease &c. the course is to call the deft & his attorney if he is within the rule & then to call the Plf &[ ] -suit him & then on the return of the postea judgmt will be given agt the casual ajector.

Ejectment

Vent.255 2.Vent.195	Where there are two defts for the same premises & one appears & confesses leave &c & the other does not, the Plf cannot proceed agt the other but he must be nonsuited; if there appear any covin betwee such person not appearring & the lessor of th Plf the Ct. will stop the judgemt aft th casual ejector for the part of him that appear'd & compel him who did not to release costs.
Str.694	If an inft delivers a declaration some friend or guardian Must be set up as Plf to answer costs. Where the presisses are empty, where a corporation is lessee of the Plf where the sevl interests of the lessors are not known there must be an actual lease &c. Rules for pleading to be given & Ct. mov'd for judgt.
2 LdRay.1470 2.Str.908 11.Co.55 Cr.El.235 Cr.Ja.573 Cr.Ch.435	In this action the law requires that the thing demanded be so particularly specified that the shefiff may certainly know what to give the Plf pos- -session of if he shou'd recover
Yel.118 Rol.rep.3 Vent.30 Law of Ej.76	The trespass complain'd of in ejectmt must be agt the actual possession. Exr may hav action for eject of testator. Lessor must have a right of entry.
Yel.182	The Plf must lay commencement of his lease in his declarn preceding ouster by the Deft but this

Ejectment

Cr.Ja.311 2 Rel.rep. 461	day of the ouster need not be expressly mention'd Neither is the Plf oblig'd to declare the day of his entry
Law.ej.81	Where the limitation of a lease is altogether uncertain the Plf cannot recover secus where tis impossible
Law.ej.82.3	Plf shall recover as much as he has title to tho' he lays his ejectmt for more
Cr.Ja.613 6 Co.14 2.Vent.214 Hard. 330	The Plf must declare on such a lease as suits the lessors title Lease made by Guarn to try title of inft seems good
5.Co.91 Leon.145	After verdict given for the Plf there must be a full & actual possession given to him by the sheriff.
6.Mod.27 Sal260pl.1	The writ of execution is only returnable at the election of the Plaintiff.

Alex K Marshall Alex K Marshall

Election

2.Co.36	If a man grants twenty acres parcel of his manor, the grantee has his election of situation
Co.L.145 2.Co.37	It is laid down as a genl rule thati if election be given of two sevl things he that is the first agent or is to do th first act has the election
Lev.54	In debt on an oblign that if a ship out to sea & either the goods or the obligor come safe then to pay such a sum. Action lies on the contingency which shall first happen
2.Co.37	Where the things granted are annual & to have continuance the election remains with the grantor as well after the day as before When nothing XXXX to the grantee & before passes election it must be made in the time of the grant -tor secus where an estate or interest masses immediately
Co.L.145	When one & the same thing passes to the dones or grantee & he has his election in what man- ner or degree to take it there the interest passes immediately

Error

3.Bl.405	A writ of error lies for some suppos'd mistake in the proceedings of a Ct of record it only lies on matter of law arising on the face of the proceedings
27 G.2 pa.301	XX Upon appeal in personal action where judgemt or decree does not exceed £20 error can only be assignd in matter of right, where it does not exceed £50 it may be assignd in matter of right & such matters of form as were insisted on in the Ct below, where the judgmt does exceed £50 or in all real actions any errors in form or substance may be assigned.
Dyer 90 5 Co 39 2.Sid.56 Cr.El.419	No person can bring a writ of error but him who was party to or privy to the recd or was injurd by th first judgment. It only lies agt him who was party or privy to the first judgemt his Heirs Exrs or Admrs
F.N.B.44 [ ] 173 [ ] 652 Liv.72 Sid.213 Ray.16 Cr.Ja.392 Carth.371	After the recd is remov'd & the Plf has assign'd his errors, he shall have a sci.fa. ad audiendum er- rores agt the deft who thereupon may plead in nullo erratum or a release &c. A Sci.fa. lies agt the heir & terre tenants. Sci.Fa. to the terre- tenants is usually granted but tis not ex de- licto justitia

Error

Book.error. 93 Cr.Ja.29	Pleading in nullo est erratism is an acknowlegement of the fact & denial that tis error
Rob.658 Vent.34 Sal.263 Pl.4	If a writ of error abates by default of the party a second writ shall be no supersedeas secus if it abates by act of God or of the law
Sid.294	In a writ of error for want of assigning errors, judgemt is not affirm'd but execn goes on first judgemt party can have no costs but his remedy must be on the recognizance by which he is bound to prosecute with effect
Cr. El. 611 Sid.147	To reverse an outlawry party must appear & assign errors in person
Vent.252 Sal. 268.p115 Carth.338	The Plf in error cannot assign error of fact & error of law together. In such case deft shoud demur for simplicity
Cr.Ch.53	It seems a genl rule that nothing can be assignd for error which contradicts the record
5.Co.39	A man cannot reverse a judgemt for error un less he can shew the judgemt was to his disadvantage
Palm.270	If a writ be brought to the damage of /£/30 & the Plf declares ad damnum /£/40 & the verdict gives 30/£/ this is no error after verdict.
Vent.7	A fault in a sci.Fa. on judgemt not [ ] by appearance.

Error

10.Co.115	If the Plf recovers more damages than he has declar'd for, if before judgemt he releases the over -plus he may take judgemt for the residue
Ch.co.19 Cr.Ja.246	If upon a judgemt the sheriff sells the goods &c of the party & after the judgemt was reversed by writ of error the party can only be restord to the money for which they sold. But if the goods &c were only deliverd to the Plf in satisfaction &c the party shall be restord to the specific goods.

Escape in Civil Cases

8.Co.141 Cr.Ja.3	It is a genl rule that wherever a sheriff or other officer has a person in custody by virtue of an authority from a Ct which has jurisdiction in the matter, that the suffering such person to go at large is an escape
5.Co.89	If XXXX A is arrested & in the custody of the Sheriff & afterwards another writ is deliver'd to him at the suit of B. Upon the delivery of the writ A by construction of law is immediately in the Sheriffs custody witht an actual arrest
3.Co.44	If the sheriff or other officer who has the custody of a XXXX prisoner either bail him when he is not bailable by law, or suffer him to go out of the limits of the prison tho' with a keeper it is an escape.
Cr.Ja.657	If man has the judgemt agt two persons & they are both taken in execution XX if the sheriff suffers one of them to escape he shall (struck through)have(struck through) be answerable for the whole debt
22.G.2 Ch.6 pa186	Sheriff not liable for an escape unless wilfull or negligent or unless the nrisoner might have been retaken & he neglects to XXXXX make fresh suit.

Escape in Civil Cases

22.G.2 Ch.6 p.184	Process on escape to be executed at any time or place
Do.187	Old sheriff may deliver over prisoners by indenture to the new or have their names with the cause of their commitment recorded in the records of the County Ct.

Estates in Fee Simple

Inst.3.	A feme covert is canable of purchasing an estate in fee simple, but her husbd may disagree to it, if he neither agree or disagree she may disagree to it efter the coverture is determin'd, so/may her heir. If the Father infeoff the son to [ ] to him his heirs & after the son enfeoffeth the Father as fully as the father enfeoff'd him a fee passes.
Co.L.9	If the Lord releases all his right to his Tent. if one parsoner or joint tent releases all his right to the other, a fee passes. So where one parcener grants a rent to another for [ ] of partition
Lit.sec.578 Co.104	Where the ancestor takes an estate for life & the limitation/is to his right heirs, there the ancestor has an estate the reversion executed in himself & the right heirs are not purchasers
And.3 Co.L.20 Dyer 156 Leon.182	If A makes a lease for life or a gift in tail remr to his right heirs this in its original creation is a void limitation.

Estate for Life & Ocuppancy

2.Bl.121 Co.L XXX 42, 183	If one grants lands to another generally the lease is tent for life &, nrovided the lessor has power to grant such an estate, he is tent for his own life.
3.Co.20	Uncertain interests as an estate to a woman [ ] viduitate &c are consider'd as estates for life determi- nable on the happening of the contingency to which tis limited.
2.Vent.65 Co.L.251 7.Co.55	If ten,sup>t</sup> for life aliens in fee or attempts to create a greater estate than he has receiv'd which is to the preju- dice of him in reversion tis a forfeiture.
Co.L.251 [ ]	But a man cannot by any disposit1on or action in pais for -feit things which may be transfer'd witht XXXXXXX the nototoriety of it
Co.L.42 Co.76 sec. 1 Co. 140	Where he in remr is party to the conveyance there Tent for life may by solum investiture convey a greater/estate than he had by the first [ ] contract
Co.L.41 2.Bl.122, 35 Co.L.55	Every tent for life unless restraind by covt or agreemt, may of common right take on the land reasonable [ ] -version botes
2.Bl.123.4 Co.L.55	Tent for life or his representative shall not be pre -judiced by any sudden determination of his estate Tent or Tent for life shall have the emblements tho the estate is forfeited by act of Tent for life.

Estates for Life & Occupancy

Vaugh.104 Co.L.41 Cr.El.721	There can be no occupant of things which lie in grant & which cannot pass witht deed as rents &c unless they are appendant to things which pass by livery
Vaugh.196
Cr.El.57 Hob.313	If a lease be made of lands to A for life hab. to B & C successively. B & C tske no estate in possession or reversion & the lease determines on the death of A.
2.Rolls Abr.150	If a lease be made to A & B for their lives & the life of the Longest lives they make partition & A dies his part immediately reverts to the lessor
Vagh.138 [2]Bl [ ] Vaugh.189	A right by occupancu can only be acquired by actual entry. Lev. 202. Sid.346.
Cr.Ja.554 3.Bulst.12	If Tent pur autre vie dies, his lessee [ ] will or for years having possession such lessee shall be tent by occupancy & the lessor estate shall merge
ColL.41 Dyer 328 3.Bulst.12	If tjere be any intermediate interest the term of the occupant shall not merge & he is to hold the estate subject to the charges laid on it by his lessor
Col.L.41 Dyer 328 2.Bl.259	If lands be let to a man & his heir or to a Man his Exrs & assigns dur1ng the life of another the heir in the one case & in the other the Exr shall be a special occupant.

Evidence

2.Hawk P.C.452 2.Hawk P.C.433	A conviction/of treason, felony, piracy, praemunire perjury or of forgery on the 5th of [ ]. Also a judgmt in attaint for giving a false verdict or in conspira cy at the suit of the King. also a judgmt for any crimes to stand in the pillory, or to be whipped or branded being in act which had jurisdiction are good causes of excepn agt a witness while there continue in force. If convicted of felony but admitted to his clergy XXX & burnt in the hand he is reenabled to be a witness. A pardon restores the party to his credit where it is only the [ ] of the judgemt [ ] The credit of a witness is to be impeach'd only by genl accounts of his character (struck through) & behavior (struck through) reputation & not by proofs of particular crimes whereof he never was convicted.
Co.L.6 Sid.337	The testimony of a witness is not to be admitted who is either to be a gainer or loser by the [ ]
Mod.107 Skin.223	An Exr if he hath not the sucklusage of the estate only be a witness for a will Children of an intestate cannot be witnesses in any matter relative to the intestates estate.
Ray.191 Sal.283.p 12 sec Vent.49	He who borrows money XXX upon an [ ]contract cannot be a witness on an information for the usury unless he has paid the money

Evidence

2.Ver.98 [ ] 625	In Cts of eqy a distinction has been taken between evidence that may be offer'd to a jury & to inform the conscience of the Ct.
5 Co.68	Also to ascertain a fact parol evidence has been admitted to explain the intent of the testator
Ver.366	If A purchases lands in the name of B, A has been admitted to prove that he paid the purchase money
Ver.473 Ch.Ca.19 Abr.eq.230 & 243	Also to oust an implication & rebut an equity parol evidence has been admittcd to explain the intent of the testator.
2.Ver.98.337 Sal.234 pl.13	The Cts are very unwilling to admit of parol evidence in relation to any thing which appears on the face of a will
[ ]tem.Tal. 240. 2. Str. 1261 Sal.281. p19	The party who is to prove any fact must do it by the highest evidence the nature of the thing is capable of.
Hawk P.C.431	What a witness or a person accus'd of a crime has been heard to say at another time may be given in evidence
Do. 429	Where ever a mans confession is made use of agt himself it must be taken altogether & ot by parcels.

Evidence

Gil.ev.62 Ath.204 Eq.Ca.abr 227.pl.3

Depositions cannot be given in evidence agt any person who was not party to the suit.

Execution

4 Co. 90 Cr.Ja.569	All writs of execn which are to be executed by the sole authority of the Sheriff are good if they be properly executed tho' no return be made secus of an elegit.
2.inst.395	If the creditor takes out an elcgit & it appears to the sheriff thrt there are goods & chattels sufft to satisfy the debt he ought not to extend the lands
Cr.El.584	In an elegit the jury are not oblig'd to find the certain beginning of a term but if they do find its beginning & are mistaken a subsequent sale by the sheriff on this inquest is erroneous.
8.Co.171	On an elegit the sheriff may either extend a term for years or sell it absolutely
Cr.Ch.240	On a ca.ad.sa. the sheriff is to take no bail
3.Co.12	The whole personal estate except wearing apparel is liable to execution on a fi.cr.lev.Fa.
[ ] [ ]. 99 Dyer.69	If the Sheriff takes the goods of a stranger tho' the Plf assures him they are the defts he is a trespasser. Nor can the sheriff take in execution goods pawnd or gag'd for debt, nor goods demis'd or letten for years, nor goods distrain'd
Cr.El.181	If the deft dies after execn awarded & before it be served yet it may be serv'd on his goods in the hands of his Exr or Admr.

Execution

Sal.322 pl.1.10 22.G.2Ch.3. 194	Neither does the death of the Plf abate the execn Writs bind the property of the Deft from the [ of their delivery to the Sheriff. Where any person whose goods are taken on a fi.fa. does not within five days satisfy the Plf his debt damages & costs the Sheriff, having given notice at the [ Church on sunday may the third day following proceed to sell the same at public auction. If on sale the deft gives security to pay debt &c within three months goods to be returnd. If the goods cannot be sold for 3/4 their value, they may be sold for three months credit and the bonds are to have the foce of judgements. New execn may be sued forth agt the lands &c. of persons dying charg'd in execn.
Cr.Ch.208	No person is entitled to or can sue out execn who is not privy to the judgemt or entitled to the thing [ as heir Exr or Admr.
Co.L.290 [ ] Ch 318	Inft not liable to execn but the parent must demur If a person recovers in trespass agt Baron & feme exr may be sued agt feme after death of baron.

Executors & Administrators

Ch. Ca. 121	Legatee on a bill complaining that the (struck through)testa(struck through) Exr wasted the estate may compel him to give security for paymt of legacy
2.Ver. 249 22.G.2. Ch.3.162	Refusal of an Exr to give security is a refusal of the Exr.ship. And Ct. shall take security in all cases unless the testator, leaving more than visible estate sufft to pay all his debts, shall have directed the contrary in his will.
Godol.102-3. [ ] of Exr208-13	A child in ventre sa.mere may be appointed Exr but he cannot administer till he is 17.
5.Co.27 Co.L.172 Cr.Ch.490	If an inft Exr. after 17 gives an acquittance for debt &c due to the testator, such release witht an actual paymt to the inft is void.
Off Exr 112 Godol.109-10	If a feme covert appointed Executrix administers husbd & wife are afterwards estopped to say that the wife is no Exx so if husbd addministers witht the consent of the wife she shall be bound during coverture.
Off. of Exr198-9 God.110	A feme covert Execx may witht the consent of her husbd make a will & appoint her husbd or other person Exr.

Ex^rs and Adm^rs

Sal.304 Cr.Ch.372	Creditor appointed Exr may retain assets to satisfy his debt in equal degree. So of an admr.
5.Co.30 2.Bl.512 Cr.Ch.373 Ca.tem.Tal. 246	If the creditor makes his debtor Exr it is an extinguish -mt of the debt & shall take place of legacies unless the debt be devis'd but shall be assets in the hand of the Exr to pay debts.
2. Strange 865 2.Lev.239	If an inft & one of full age are appointed Exrs he whq is full age may take out admn durante minor state of the inft & may declare his Exr or Admr durante minor state
5.Co.29 Cr.El.78	An XXX Admr durante minor state cannot sell the goods of the decd further than for the paymt of debts unless they be bora perutura
Sid.57 5.Co.18	[ ] lies for inft after age agt an Admr durante minoritate who wastes the assets
Cr.El.602 5.Co.29	If Admr/is granted during the minority of sevl infts it ceases on the coming of age of any one of them & it is laid down by Lt [sic] Coke that admr granted during the minority of an inft Exr ceases on his marriage
Cr.Ch.227 2.Lev.37	If an Admr durante minoritate recovers in an action & then his time determines the Exr may have sci. Fa. on this judgemt

Ex^rs and Adm^rs

Sal 305	If the Exr dies before probate his Exr cannot be Exr to the first Exr.
Ld.Ray.86 Ver.200	Admr de bonis non is to be granted to the next of kin to th first testator or intestate unless there be a residuary legatee
5.Co.33 Godolp.171 Off.Exr.171	All acts of acquisition, transferring or possessing the deceased's estate will take an Exr de son tort
5.Co.38.4 Sal.313 pl.19 Yel.103	There cannot be an Exr de son tort where there is rightful Exr or where admn has been granted unless the person claims to be exr.
Cr.Ja.549 Cr.El.102	An Exr cannot waive a term but shall be charg'd as far as he has assets tho' the rent be greater than the value of the land. Admr may be granted in part. If an Exr de son tort takes but admn this does not purge the wrongs so but that a creditor may charge him as exr de son tort.
2.Ver.147	Where the things which come to the possession of the Exr de son tort are of very inconsiderable value it is said he may if charg'd with a considerable sum, have releif in equity.
2.Bl.507 Dyer.166	is chargeable with the debts of th e deceased so far as assets

Ex^rs and Adm^rs

	come to his hands.
5.Co.30	If he pleads ne unques Exr & tis found agt him he subjects himself to the paymt of the whole debt the the goods which came to his hands be of small value
Moor 126	In such case he shoud plead plene administravit There can be no Exr de son tort of a term in diversion.
Godol.82 Off.Exr.3	The bare naming an Exr in a will makes it a will & is a gift of the goods & chattels undispos'd of
Godol.83, 76	Any words which shew a mans intentio that such a one shou'd be his Exr are sufft
Off.Exr.10 Godol.403	Any word in a will which suspends the assignation of an Exr in expectation of some future event makes the Exr.ship conditional. The condition must relate to something in contingency. Cautious conditions contrary to the disposition made are void. So of necessary XX conditions either in fact or law.
Godol.77 Off.of.Exr.13 Godol.134 Off.Exr.95 Dyer 23 Cr.El.347	The time & power of an Exr may be limited. Acts done by one Exr which relate either to the delivery gift sale, paymt possession or release of the testators goods are deemd in law the acts of all.
Do.318 Sal.318.pl.26	But one Exr shall not be charg'd with the devastavit of another. In chancery if two Exrs join in a receipt & one only receives the money both are chargeable as to creditors Secus as to Legatees & those who claim distribution

Ex^rs and Adm^rs

Godol.135 Off.Exr. 99	One Exr cannot regularly sue his coexr touching any thing which is relating to his testators will
3.Leon.209 [ ] Godol.134	If one Exr has possession of the testators goods which are taken from him both must join in action of trespass
Off.Exr.104	If one Exr alone sells the goods of the testator he alone may maintain Debt for the money
22.G.2 Ch.3.160	The will of any person who dies shall be prov' d in that Cty where his mansion house or known place of abode is, if there be no such place, in the Cty where the lands devis'd lie, if the lands lie in sevl Ctys then in that in which he died & if he died in another Cty then in any one of those in which his lands lie.
162	Ct immediately to receive proof of a will but when lands are devis'd from the heir at law he must be summond to appear at the next Ct & if he be not known proclamation must be made. The Ct may compel any person to produce the will of a person deceas'd.
Cr.El.92 Off.Exr.37 Godol.141 Vent.303	The refusal of an Exr must be enterd & recorded in Ct When an Exr has once admd he cannot afterwards refuse to prove the will
Dyer.166 Off.Exr.59	Whatever the Exr does with relation to the goods &c of the testator which shews an intention in him to take upon him the Exr.shp will amount to

Ex^rs and Adm^rs

	an admn &. whatever acts will make a man liable as Exr de son tort will be deemd an election of the Exrship
22.G.2.Ch.3 162, 167	An Exr or Admr must return a true inventory of the estate of the deceas'd when requir'd by the Ct Wherever an estate is of gra~ter value than £100 probate may oe granted by the Genl Ct.
Lev.186	When admn has been unduly obtaind it may be revok'd. If Admr has been granted to any person who is not of kin to the intestate it may be revok'd & granted to the next of kin on his application
Yent. 303 Sid quere 6.Co.18 Cr.El.459	If an Admr be appointed & after an Exr appears & proves a will all meane acts of the Admr shall be avoided. If th Admr sells goods after Admn is repeald & granted to another yet the sale is good
Sal.302	Tho' an Exr may commence an action in right of his testator yet he cannot declare before -probate
5.Co.9 2. Will. 576 pl.188 2.Ver.514 Sal. 36 pl.2	Admn may be granted during the absence of an Exr & pendente lite of a will Admn may be granted to two or more & if one of them dies yet tb admn does not cease. Also admn has to a particular thing may be granted to one & as another part of the estate to another, but sevl Administrations cannot be granted for one & the same thing.

Ex^rs and Adm^rs

Godol.180 Off. Exr. 5.265	All the testators personal estate how remote so ever situated is assets in the hands of the Executor
Off.Exr.65 Do. 60	style="border-style: solid; border-color: #dcdcdc; border-width: 0 0 1px 0;"Debts due to the testator are not assets till recover'd, yet if the Exr releases the debt he is answer- -able to the value. Th possession of chattel real which are corporal is not in the Exr till entry.
Do. 71 3.Leon.51	If the Exr submits to arbitration the debt or damages to which he is entitled in right of his testator & a release &c is awarded he shall be chargd as if he had recd the money.
Vent.161 Cr.El. 644 see Cr.Ch.207 Co.L.47 Latch.99	If a man posess'd of a term for 50 years makes a lease for his/for 20 years/reserving rent to him & his Heirs the rent is extinct at his death but had the reservation been during the term/the Exr shou'd have recd the rent >
Cr.El.217 [ ] law Off.Exr.4 2.Bl.314-16 Prec.Ch..323 1.P.Wm7.541 2.do 333. 3d.43 Str.559	Where the Exr has no legacy at all the residuum shall genly be his own, but whereever the re is sufft on the face of the will (by means of a competent legacy or otherwise) to imply that the testator intended his Exr shou'd not have the residue the undevis'd surplus of the estate shall go to the next of kin.
Ver.473 Abr.eq.24	So if there be any fraud in obtaining the Exrship

Ex^rs and Adm^rs

2.Ver.736 Abr.eq.246 Gil.rep.125 [ ] ver.252 2.Str.865	Parol proof will be admitted in affirmation of the intention of the testator to give the Exr the undevised surplus but not to proove the contrary. On the Stat. of distributionsthe following points have been resolv'd.
Ray.496 Sal.250 pl.1 Abr.eq.249	The clause which says there [sha]ll be no representations beyond Brothers & sisters children must be intended Brothers & sisters of the intestate.
Vent.316 2.Lev.173	The half blood shall come in for a share with the whole blood being as near a kin to the the intestate.
Eq.Ca.Abr. 249 pl.7	The distribution to be per Capita when they all claim in their own rights.
Carth.51	If a Person entitled to a distributive share dies before distribution his part goes to his Exr.
Swin.217	Such advancemt as will exclude a child from his share of his fathers estate must be given by his Father to him & not to any other in in use for him
2.Ver.438	Where the heir at law has a settlemt made on him on his fathers marriage out of the personal estate to entitle him to any more he must bring such adancement into Hotch pot

Ex^rs and Adm^rs

Off.of Exr. 156 Godol.203	A devastavit is a mismanagement of the estate & effects of the decd in squandering & misapplying the assets contrary to the trust & confidence repos'd in them & for which Exrs & Admrs shall answer out of their own pockets as far as they had or might have had assets of the decd
Off.Exr.159 6.Mod.181 Cr. El.43 2.Lev.189	Acts of negligence & wrong admn which will dis- -appoint creditors of their debts amoumt to a devastavit.
Off.Exr. 171:159 3.Leon.51	So if an Exr submits whatever he is entitled to in right of his testator, to arbitration
[ ].31 159 2. Bl. 511	The Exr or Admr must first pay funeral expenses & the expence of proving the will &c then debts due to the King (now I presume the com- mowealth) on record or specialty. Thus such debts as are by act of Assembly directed first to be paid as money due on protested bills of exchange & where a person dies chargeable with the estate of any Orphan or of of any decd person committed to his care, then debts of recd as judgemts, debts by special contract & lastly debts due by simple contract.

Ex^rs and Adm^rs

Co.143 Lev.355	A decree in a ct of eqy is equal to a judgmt at law & the filing a bill in equity is equal to filing an original at law to prevent the alienation of assets
Cr.El.315	If an action be brought agt an Exr on a simple contract he may plead in bar a bond enterd into by his testator & payable at a future day.
Plow.279 Sid.230 Cr.El.793	But if the Exr has no notice of the specialty it is no devastavit to pay debts by simple contract first. But at their Peril they must take notice of debts on recd
10.Co.47	If a man is both Exr & devisee & he enters on the thing devis'd. without claim or demonstration of election he shall have it as Exr.
Cr.Ja.191 571	If an Exr is sued & pleads ne unques Exr & it is found agt him the judgemt shall be de bonis testatoris &c [ ] de bonis propriis
672	But is an Exr pleads that such a deed is not the deed of his testator, or that a release was given to the testator yet the judgemt shall be de bonis testatoris
Vent.30	An Exr may bring ejectmt for an ejectmt in the life of his testator.
Cr.El.406	An Exr cannot in the same action join a demand in his own right & what he hath in right of his testator

Ex^rs and Adm^rs

	If an Exr takes an obligation for a debt to the testator in debt on this contract the writ shall be in the debet & detinet. So in trespass for goods taken out of the possession of the Exr.
Cr.El.711	In debt agt Exr for the arrearages of rent incur'd in his time the writ shall be in the debet & detinet
Sal.297.pl.6 Off.Exr.119	But the Exr may plead that he has not assets & that the land is of less value than the rent & demand judgemt of he ought not to be charged in the detinet only
Sid.397	After judgemt agt an Exr one may in a new action in the debet & detinet, suggest a devastavit & (struck through)demand(struck through) charge him de bonis propriis.
9.co.87 Cr.Ja.293, 405	It is now agreed that, where there is a duty as XXXX well as a wrong an action lies an Exr or Admr.
2.G.2.ch3. 166	Exrs & Admrs of Exrs & Admrs chargeable for devastavits in same manner as their testators or intestates might have been charged.
Cr.Ja.228 Vent.92 Cr.E.503 Cr.Ja.350	Exrs & Admrs when Plfs pay no costs, unless they bring an action in their own right An Exr deft pays costs in all cases Exrs & Admrs are not to be held to special bail

Extinguishment

Pollex.142 [ ] ex.17 Vaugh.34 Cr.El.47 10.Ca. 48	If the Lessor purchases the land demased from the Lessee, or if the Lessee be evicted the rent is extinguish'd. But if the conveyance to the Lessor be on condition or if only part of the land be evicted the rent in the one instance is only suspended, in the other is proportiond
4. Co.52 Vent.277	A Lessor's entering wrongfully into part of the lands demised suspends the whol rent.
Burro.9 6.Co.44	It seems to be agreed as a genl rule that a cre -ditors accepting a higher security than he had before is an extinguishmt of the first debt.
2.Leon.110	But this must be understood where the debtor himself enters into these securities
Cr.Ja.579 Cr.El.304	The accepting a security of a lower nature or of an equal degree is no extinguishment
Cr.El.920	If an Inft becomes 'indebted for necessities & the creditor takes his bond this shall not wxtinguish the simple contract debt, because the bond is of no force

Extortion

Co.L.368 2.Co.102	Extortion is the taking of money by any officer under color of his office, either where none at all is due, or not so much is due, or where it is not yet due
Ray.315 Inst.209	This offence is punishable at common law by fine & imprisonment & also by removal from the office, & the Stat. of West. 1. enacts that no Sheriff nor other Kings Officer shall take any reward to do his office but shall be paid of that which they take of the King: & that he who so doth shall yield twice as much & shall be punishd at the Kings pleasure

Felony

Hawk. P.C.94	There may be felony in taking goods the owner wrhereof is unknown
Cr.El. 536	A man may be guilty of felony in stealing goods the absolute property whereof is in himself as where one delivers goods to a carrier or Taylor &c. afterwards with an intent to charge such carrier or Taylor fraudulently & secretly takes them away.
H.P.C.61 Hawk. P.C. XX 69	To constitute an offense felony there must be an actual taking as well as an intent to steal & every indictmt for larceny must have both the words cepit & aspor XXXXtavit. If I send a box to a carrier, & he sells it this is not felony, but if the box be broke open & the goods carried away this is felony, so if he carry the goods to the place & then take them away
Hawk P/C.90 3.Inst.108	He who ags the bare charge of goods may be guilty of larceny in taking them away, also he who intending to steal them obtains a delivery of them, as from a sheriff by virtue of a

Felony

4.P.C.63 Hawk. P.C.90	replevin, or by way of execution of a judgemt obtain by imposition on a Ct witht any color of title by false affidavits &c Also he who steals goods from one who has stolen them from me
3.Inst.108 Hawk. P.C.92	If a felon be caught in the first act of carrying the goods away before he is out of the house it is a felony
Hawk. P.C.2	A feme covert shaill not suffer any thing for committing a bare theft in company with or by coercion of her husband. It is said to be no felony for a person reducd to extreme necessity to take so much of anothers goods victuals as will save him from starving.
H.P.C.70 Hawk P.C.95	If two or more persons steal goods above the value of 12d this is grand larceny in each of them. If a person is indicted for stealing goods to the value of 10/ & the jury find him guilty but find specially that the goods are not worth more than 10d he shall have only judgemt of petit larceny, whlch is forfeiture of goods & whipping or other corporal punishment.

Felony

H.P.C.232 Hawk P.C. 342

Wherever a person is denied his clergy except in high treason or sacrilege such denial must be grounded on some Act of Parliament. Where an offense is made felony by stat. it shall have the benefit of clergy unless expressly excluded. An indictmt must bring a mans case expressly within the words of the Stat. which denies him his clergy. A stat. by excluding principals doth not therby exclude accessories from their clergy likewise.

Hawk P.C.98

Where clergy is allowable those who stand mute or challeng above twenty, or are outlaw'd are as much entitled to it as those who are convicted. Also a stat. by taking away Clergy from those who shall be found guilty doth not take it away from those who stand mute who challenge above twenty or are outlaw'd, but it extends to those who shall confess themselves guilty upon record. B the 8th of Eliz. ch.4. Clergy is taken from all those who steal goods from the person of another to the value of 12. By the 1 Ed. 6.ch.18.& 2&3.E.6.ch.33. Horse stealers are excluded the benefit of clergy

Felony

4.G.2 ch.3.p.92	Burning any Tobacco house, ware house store house /or any other house/ or abetting the same or breaking any ware house or store house & taking from thence goods to the value of 20/ sterling felony witht benefit of clergy.
9.G.2.ch 2.315	Persons stealing slaves felons with<sup </sup> clergy.

Person

Forcible Entry & Detainer

2 Inst.235 sec.1. Hawk P.C.145 [ ] 136	If a man whose entry is lawful entice another out of the house & enter the door being open or only latch'd, his entry is justifiable
Hawk P.C.145-147	If he who hath an estate in land by a defensible title continues with force in the possession thereof, after a claim made by one who had a right of entry thereto, he shall be adjudged to have enter'd forcibly
Cr. Ja.190	The same circumstances of violence or terror which will make an entry forcible will make a detainer forcible likewise
Dalt. 315	A joint Tent or Tent in common may offend agt the purport of these statutes.
Dalt. 300	An inft at the age of 18 some say l4 or a feme covert by their own acts may be guilty of a forcible entry

Forgery

Haw. P.C. 186 11.Co.27	If a man makes a deed of feoffment to J.S. & after makes a deed of a prior date to J.D. tis forgery.
Nay. 101 3.Ins. 170	Also to insert legacies in a will without the direction of the testator. So to incert in an indictmt the names of those agt whom it was not found. The fraud & intention to deceive by imposing on the world that as the act of another, which he never consented to are the principal ingredients which constitute this offence.
2d Ld.Ray 1461	To counterfeit a release or acquittance for a sum of money tho' witht seal is forgery.
Hawk. P.C.182	Forgery at common law is punishable with fine & imprisonment or such other corporeal punishment as the ct shall think fit By 5th of El. any person guilty of forging, assenting to or causing to be forged any writing seal court roll or the will of any person to the intent that the estate of freehold

Forgery

or inheritance of any person to any lands may be molested, or shall pronounce publish or shew it forth in evidence as true (except an attorney for his client who was not /party or/ privy to th forgery he shall pay to the party griev'd his double costs & damages, shall be set upon the pillory in some open place & there have both his ears cut off, also his nostrils slit & cut & sear'd with a hot iron & shall forfeit to the King the whole issues & profits of his lands and suffer perpetual imprisonment. And if any person shall forge or cause or assent to be forged any false writing to the intent that any person shall or may have or claim any estate or interest for term of years of in or to any lands or annuity; or shall forge &c. any Obligation or any discharge of any debt &c or shall pronounce puplish or give in evidence &c. He shall pay to the party griev'd his double costs & damages shall be sat in the pillory & there have one of his ears cut off & shall suffer imprisonment for one year. A second offence is felony witht benefit of clergy

Forgery

3. Inst.170 Nay.42 Hawk. P.C.186	The forgery of a lease for years or of a grant of a rent charge for years in the name of one who is seised of the Freehold is within the first branch/of the statute; & the words in the 2d part which relate to such estates are meant only for those which were in esse before
3.Leon.170	The forgery of a deed containing a gift of mere personal chattels is not within the XXX statute
3.Ins.171	He who is truly inform'd by another that a deed is forged is in danger of the statute if he afterwards publish the same to be true Though the 2d offence be not of the same nature with th first yet the person is guilty of felony.
Keb.707 2.Str.901	If the conveyance be defective so as not to pass the thing intended to be conveyed still it is a forgery For a bare non feasance a man cannot be guilty of forgery unless by th omission he conveys a difft, estate to another than he woud have taken
[ ]	Person counterfeiting inspectors receipt or stamp or knowing by tendering forg'd receipt, exporting tobacco with forg'd stamp or demanding it by forg'd receipt guilty of felony witht clergy.

Forfeiture

Co.L.8 3.Inst.19	By the common law all right of inheritance to lands whereof the offender is seised in his own right, & all rights of entry to lands in the hands of a wrongdoer are forfeited on an attainder of high treason or of petit treason; in the latter case to the Lord.
3.Co. 2-3 7.Co.17 3.Ins.19	It seems agreed that no right of action to lands of inheritance cou'd ever be forfeited, neither coud a right of entry into lands whereof there was a tent by title, nor an use except where lands had been fraudulently convy'd with an intent to avoid forfeiture
Cr.Ja.312	All personal things settled by way of trust on the offender are as much forfeited as if he had the legal interest
2.Rob.564 Lev.279 Mod.16.31 Vent.128	But the power of revocation of the trust of a settlement is not liable to be forfeited if it depends on something personal to be done by the grantor himself.
Hales P.C.271 5.Co.ll6	A man forfeits all his personal estate on conviction of treason or felony, upon the Coroners inquest taken on view of the dead body & finding him guilty either as principal or as Accessory, before the fact & that he fled for the same whereby he forfeits his goods absolutely & the issues of his lands till he bw acquitted or pardon'd.

Forfeiture

Hales P.C.271	Upon a Jury's finding that a deft fled at the same time that they acquit him of any capital felony but such finding causes no forfeiture of the profits of his lands, neither will it affect the goods if the indictmt was insufficient or if the flight be disprov'd on a traverse
5.Co.110 5.Co.129 3.Inst.134	The goods of a person outlaw'd are forfeited, so of he makes default till the award of an exigent
Cr.El.694	If a man be felo de se, or if a felon be killed in the robbery, or in attempting to escape by resisting or if a felon waives his goods. By 26 H 8th Ch.13th it is enacted that any offender who shall be lawfully convicted of any manner of high treason shall forfeit all such lands &c which he shall have of any estate of inheritaince in use or possession, saving to every person &c. By the 33.H.8.ch.20. it is enacted that if any personbe attainted of high treason by the course of the common law or statutes of this realm, every such attainder by the common law shall be of as much force as if it had been done by authority of Parliament. Neither a right to a writ of error to reverse an erroneous common recovery, nor

Forfeiture

3.Co.2-3 Cr.El.289 4.Co.48	a mere right of action to lands in the hands of a stranger as a discontine[sic], or of the heir of the disseisor are forfeited by either of the Statute. Secus of rights of entry. But there must be office found & scier facias or siesure on such office.
7.Co.12	A power of revoking the uses of a settlement may be forfeited if the execution of it only require what may be done by another person.
Blow 381	Neither an annuity granted pro consilio XXX [ ] nor an office granted for life & requiring skill & confidence are forfeitable by these statutes Secus of such an office in fee.
Blow. 488 Co.L.2 8.Co.170	The forfeiture upon an attander either of treason or felony has relation to the time of the offence committed as lands, but to the convictionor fugam fecit found only as to chattels unless the party were kill'd in flying from or in resisting those who had arrested him

Fraud

Co.L.3	It may be laid down as a genl rule that witht the express provision of any act of Parliamt all deceitful practices in defrauding or indeavoring to defraud another of his known right by means of some artful device are condemn'd by the common law.
Sid.312 Co.L.35	Such as causing an illiterate person to execute a deed to his prejudice by reading it over to him in words difft from those in which it was written. Also a wrongful manner of executing a thing shall avoid a matter which might have been executed lawfully
4.Inst.984 Abr. in Eq.357 Sevl other cases in point	All deceits for which there is no remedy by the common course of law are properly in the Cts of equity. As where A by marriage settlemt was tent for life of certain Mills remr to his first son in tail & the son who knows of the settlemt encourages a person to take a lease for thirty years of those mills & to lay out considerable sums of money in improving them. this is such a fraud as ought to be discountenanc'd in equity.
2.Ver.123	If a security be obtain'd from a person by fraud & practice upon pretence of a demand that is fictitious it ill be releiv'd agt in equity.

Fraud

2Ver.307	So where A by means of an Attorney prevail'd on E a woman to levy a fine of some houses & to execute a deed leading the uses thereof to A & his heirs, & it being prov'd that she at the time declar'd she must make use of some friends name in trust & devis'd it to J.S. & his heirs subject to the paymt of her debts, decreed that A shou'd convey the estate to the devisee
3.Co.83 3.Co.81 Moor.638 2.Bulst. 226	By the common la a man had right to a thing or a just debt owing to him, he might avoid any fraudulent conveyance made to deceive him of that right or debt, but if the gift or conveyance were precedent to that right or debt there was no way to set it aside to remedy this the Statutes of the 13.& 27.of El.were enacted in the construction of which statutes it/hath been determin'd that where the vendor remains in possession of the goods the sale shall be deem'd fraudulent as to creditors & bona fide purchasers
Cr.El. 810	A.to defraud his creditors makes a fraudulent gift of certain goods to his daughter & dies B intermeddles with them the daughter takes possession of them by force of the gift, Administration of all the goods of A is then grantedto B on an action brought it agt him as Exr

Fraud

	it was decreed that the gift was fraudulent, that by intermedling he became Exr de son tort & liable as such & that the law continued the possession in him.
B.A. 606 [ ] 2 Trin.1706 Baker & Lloyd per.H.C.J.	If A makes a bill of sale to Ba creditor & afterwards to C another creditor & delivers possession at the time of the sale to neither & after C gets possession of them & B takes them out of his possession C cannot maintain trespass
Moor 615	If a gift be made to deceive one creditor tis XXX void agt all
5.Co.60	It is not necessary that he who contracted the debt shoud make the fraudulent conveyance.
Co.L.3	A has a lease of certain lands for 60 years & forges a lease for 90 years, by indenture reciting this forged lease he bargains & sells it with all his interest in the lands to B. in this case Bis not a purchaser within the 27 of El. to defeat the purchases of the true lease of 60 years.
Sid.134	A deed though it be fraudulent in its creation yet by matter ex post facto may become good As where the feoffee aakes a feoffment to another for valuable consideration
5.Co.60	It has been held that fraud may be given in evidence to defeat a fraudulent & covinous

Fraud

conveyance & that the party alledging it need not plead it.

Grants

Co.L.327	There can be no discontinuance of things which lie in grant
Co.L.233 3.Co.45	Of things which can be transfer'd witht the notoriety of livery of seisin, which lie in grant a man cannot by any disposition or act in pais forfeit them
Co.L.41 Cr.El.721	So there can be no occupant of things which lie in grant & which cannot pass witht deed.
[ ] 12	The law distinguishes between grant of Infants which are void & merely voidable, the first of which are all such gifts, grants, or deeds made by an inft as do not take effect by delivery of his hand, as if an Inft give a horse & do not deliver the horse with his hand & the Donee take the horse by force of the gift the Inft shall have an action of trespass.
13	But if an Inft enters into an obligation or makes a feoffmt there are only voidable If an Inft grant a rent charge by deed to be issuing out of a carve of land & the grantee distrein he shall punish him as a trespasser. If a single woman by deed grant a rent charge to issue out of a carve of Land & delivers the deed to a stranger as an escrol, upon condition that if the grantee got to Rome return by

Grants

XXXXXXXXX	Easter that then he shall deliver the same escrol as her deed to the Grantee. The woman marries & before Easter during the coverture the Grantee goes to Rome & returns & the stranger delivers the escrol as the deed of the woman. The Grant is good.
Per.Sci.36	In grants if there be sufft shewn to asscertain the grantor & grantee the grants will be good
Dyer 279 Co.L.3 Cr.Ja.558	It seems that a mistake of the Christian name will vitiate the grant. Secus of the surname
Co.L.214	Regularly by the common law a possibility. Right of entry, thing in action, cause of suit, or title for a condition broken cannot be granted or assignd over.
Per.Sci.65	A man cannot grant or charge that which he hath not.
4.Co.66 Ray.144 [ ] Ch.Ca.8-11	If there be a devise of a term to A for life remr to B cannot grant over his interest.
Co.L.46	If a lease be made to Baron & feme for their lives remr to the /Exrs of the/ survivor of them, the Husbd cant grant it.
Hob.132	A man may grant that which he hath potentially
Co.L.54	If A makes a lease of lands to B for life remr to his Exrs for years, the term vests in B so that he can grant it over

Grants

Per.Sci.99	A personal trust which one Man reposes in another cannot be assign'd over
Co.L.169	Incorporeal inheritance which lie in grant cannot pass from one to another witht XX Deed.
Moor 831. pl.13	If a man by indenture demises to J.S.the manor of D & bargains & sells to him all the woods & trees &c. on the sd manor to be filled & carried away at pleasure, Habendum the sd Manor for life, this is an absolute sale of the woods & trees.
Moor 496	If a feoffmt be made of a manor in lease for years & livery/is made witht ouster of the lessee by which the feoffmt is void, yet if the lessee attorns this shall be good as a grant of the riversion
2.Co.35	When the words of a grant allow a double way of taking it the grantee shall judge which way is most beneficial
Hob.229	A slight mistake or error in the /description of the/thing to be pass'd will not vitiate the grant.
2.Mod.3	But where the thing is not granted by an express name there if a falsity is in the description of that thing the grant is void.
Co.86 2.Co.36	If a man grant twenty acres parcel of his manor witht any other description of them yet the grant is not void for an acre is a

Grants

Noy.29	thing certain & the situation may be reducd to a certainty by the election of the Grantee.
Co.L.6	No Person not nam'd in the premises of the deed can take any thing by the deed tho' he be afterwards namd in the habendum.
Hob.313 Cr.Ja.564	But a man not nam'd in the premises may take an estate in remr by limitation in the habendum. The Habendum cannot pass any thing which is not espressly mention'd as contain'd by implication in the premises of the deed.
Salk.346	Where the Habendum is repugnant to the premises tis void.
Co.L.146	Grants are to be construed according to the intention of the parties & if there aupears any doubt or repugnancy in the words such construction is to be made as is most strong agt the grantor
6.Co.87	Where a proviso destroys the grant tis void
Br.tit.lease. 13.22	If one makes a lease for ten years at the will of the lessor tis a good lease for ten years certain
Co.L.183	Tis a genl rule that where it is impossible the grant shoud take effect according to the letter The law will make such constructions

Grants

	the gift by possibility may take effect.
Sid.211 Lev.131 [ ] 736	It was found by special verdict that A was seised of a mill in fee & that he built a kiln at the end of the close wherein the mill stood & then granted the Mill with its appurtenances & if the kiln pass'd was the question. The Ct held that if it had been found that the kiln was necessary to the Mill, or that it was built for the use of the Mill, it wou'd have pass'd by a grant of the mill.
1.Salk. 346	It is holden by C.J.Holt that if a termor grants the land the grantee is but tent at will. If a man grant a thing to be taken yearly & the grantee neglects to take it for one year he cannot take doublt the next. Secus if the grantor be to render the thing

Guardian

Co.L.87	By the common law if Tent in socage die his heir being under fourteen, the next of blood to the heir to whom the inheritance cannot descend shall be guardian of his body & land till his age of fourteen
Co.L.84	A guardian by nature is the Father or Mother
Co.L.88	Guardian by nurture hath only the care of the person & education of the infant & hath nothing to do with his lands merely in virtue of his office.
Vaugh.179	On the 12th of Ch.2.Ch.24, similar to which is the 22.G.2.Ch.25. the following determinations have been made. That a testamentary Guardian or one form'd according to this Stat. comes in loco parentis & is the same in Office & interest with a Guardian in socage
Vaugh178	A person under age disposing of his child such disposition draws after it the land.
Vaugh.184-5	If a man devise t he custody of his son & heir apparent & mentions no time, this is a good devise XX if the heir be under fourteen at the death of the father, but if above

Guardian

	fourteen tis void for uncertainty.
Vaugh.185-6	That this testamentary Guardian hath the custody of all lands & goods any way acquird or purchas'd by the infant
22.G.2. ch.22 p.156 [ ]	Genl Cts & Cty Cts have power to take cognizance of all matters concerning Orphans & their estates To appoint Guardians where necessary & take security XXXXX for orphans Estates. Guardian to exhibit at the next ct after his appointmt on oath an acct of his orphans estates & an acct of his profits & once a year which is to be enter'd by the Clerk in a book. Guardian wasting &c orphans estate, neglecting his education &c or likely to become insolvent Cts to make orders for securing the estate &c or to anpoint another Guardian. Their Accts to be examind &c in Augt. their mismanagement &c. to be enquird into at any time.
Cr.Ja.55 Cr.El.678, 734	If a Guardian in socage makes a lease for years to continue beyond the time of his guardianship such lease seems not to be absolutely void by the Infts coming of age but only voidable.

Guardian

Blow. 293	If a woman who is guardian in socage to her son marries again & her husbd & she join in a lease of the infts lands the lease upon the death of the husband becomes void.
2.Rol.Abr. 256 2.B.Ab.68	A Guardian or prochein Amy may make partition in behalf of the inft & it shall bind the inft if equal
[ ].79 Mod.259 Vent.72 Ray.311 [ ] pr.229 [ ].4	If a Guardian puts in an answer /for an inft/to a bill in Chancery on oath such answer shall not conclude the inft or be read in evidence agt him for the effect of infts answer is only to make proper parties so as to take depositions & examine witnesses.
Str.506 Abr.Eq.261	A Guardian witht any direction may pay the interest of any real /incumbrances/(struck through)estate(struck through) & the principal of a Mortgage
Ver.436 2,Ch.Ca.197	He may pay off a judgmt with the profits of the infts estate.
2. Ver. 606	A Guardian not compeliable to apply the profits of the estate of the inft heir to nay off the bond debts.
Ver.403, 435 [ ]2.Ver.193	Tis not in the power of the Guardian witht the direction of the court to turn the personal into real estate

Heir & Ancestor

Vent.311 Ray.330 2.Lev.232	A person may take by purchase or descriptio personae by the name of heir even in the life time of the ancestor for Heirs males now living in a will are a full description of the person who is then heir apparent to the person nam'd & is known by the devisor to be so.
2.Ver.215 Abr.Eq.265	If the ancestor agrees to convey lands & receives part of the purchase money but dies before conveyance, heir will be decreed to convey
See 1.Ver.16	If a father conveys to a younger son by a defective conveyance & dies the heir at la will in two cases be oblig'd to make it good 1st. Where there is a covt for farther assurance binding the heir. 2d. Where there is a provision made by the father in his life-time for the heir or when he hath such provision by descent from his father The heir at law is bound by a decree obtaind agt the Ancestor which may be carried into execution two ways. 1st. If the decree is enrolled the party may sue out a subpoena scire facias agt the heir to shew cause agt the decree. 2d. The Plf may bring his bill of revivor to

Heir & Ancestor

	carry the decree into execution
Co.L.233 8.Co.44	As the heir at law is the only person who can take advantage of conditions &c annex'd to the real estate, so shall he be bound by all such conditions &c which run with the land.
10.Co.41 Vent.199 Cr.El.833 2.Ver.519	Where a condition is annex'd to the estate given to the heir & which goes in abridgement & restraint thereof the same shall in some cases be construed a limitation
8.Co Frances's case 2.Ch.re.26	But wherever the ancestor makes a conveyance or disposition on condn wh goes in restraint & abridgemt of the estate of the heir he must have notice of it.
Co.L.164	The heir may bring any real action or action droitural in right of his ancestor but no personal action
Dyer 90 1.Leon.261	Also if an erroneous judgemt be given agt the ancestor by which he loseth the lan the heir may bring a/writ of error
3.Co.12 Cr.Ja.450 Abr.Eq.44	When the ancestor binds himself & his Heirs in an obligation the Obligee may sue the heir or Exr & may have execution of the land descended to the heir.

Heir & Ancestor

Dyer.81 2. Inst.19 Co.L.102	But the body of the heir is protected. Also the heir must be expressly nam’d. By the common law if the heir before the action brought agt him had alien'd the assets the obligee was witht any remedy, but if he only alien'd hanging the writ the lands he had by descent at the time of the original purchase had been liable
[ ] 355.pl.2 [ ].126 Lev.286 Ver.180 3.Co.36	If the heir be sued upon a bond or covenant it must be alleged that he is bound, but it need not be shewn how he is heir. But where the heir sues he must shew his pedigree & consent Haeres. The action agt the heir on the bond of his ancestor must be in the debit & detinet.
5.Co.35 Dyer. 81.pl. 62 Cr.Ch.256 Car.93 Plow.440 Sal.354 Ld.Ray.753	Tho' the Heir at law is bound by the obligation of his ancestor in which he is expressly nam'd no further than he hath assets by descent yet by false pleading he make himself liable de bonis propriis. As where he pleads riens per discent,(unless it be in a scire faciae on a judge ment) or where he confesses the action but does not set forth the assets in certainty or where judgemt goes agt him by default non sum informatus, nihil dicit &c. or where he

Heir & Ancestor

	pleads in bar that J.S. was jointly & severally bound with his Ancestor which is found agt him the judgemt is genl & it is said that in these cases the Ct cannot give a special judgemt witht the assent of the Plf though certain lands by descent are found by the jury.
3.Leon.67	Where the heir is bound in an the obligation of his Ancestor but has no assets by descent a promise to the obligee that if he will not sue him he will pay the money shall not charge the heir
2. Sand 136 Vent.159 Lev.165	So in an assumpsit agt an heir upon such promise it must be expressly shewn that the heir was bound otherwise it shall not be intended tho' after a verdict.
Sid.31 [ ] Co.56	But in such a case where the Plf declar'd that the deft in consideration the Plf woud deliver the bond to him & discharge the debt promis’d &c. it was held a good declaration & that it shoud be intended he was liable
Br. tit. Assets.	Wherever the ancestor binds himself & his Heirs all his lands in freehold & which descend in fee simple are assets by descent
Sal. 354. pl. 1	A reversion after a lease for years made

Heir & Ancestor

Car.129 2.Ver.134	by the Ancestor is present assets tho' the Plf cannot have benefit of the reversion till the lease be determin'd & the judgemt is of Assets quando acciderint
4.Ch.Ca.148 [ ] in.Ch.39	An equity of a redemption of an inheritance is assets
6.Co.58	A right witht any estate in possession reversion or remainder is not assets till it be recover'd & reduc'd into possession
22.G.2.ch. 81 p.196 Abr.Eq.149	On the Stat. made in the 3d year of W.& M. entitled an act for the relief of creditors agt fraudulent devises & which is adopted by an act of Assembly made the 22.G.2.ch.8. it has been determin'd that any settlemt or disposition which a man makes in his life time of lands whether it be voluntary or other wise shall be good agt bond creditors.
2.Ch.Ca.175 Ver.400 Dyer.344	It seems that neither the Exr or Admr of the heir are liable. But see 2.Ver.62 where it is said that if the heir aliens the land to prevent the creditors of satisfaction of their debts equity will follow the money into the hands of the heir or his Exr.

Heir & Ancestor

Liv.30

If there be judgemt in debt agt two & one dies a scire facias lies agt the other alone

Idiots & Lunatics

Hale. Hale. hist. P.C.30 4.Co.125	The King is entitled to the receipt of the rents & profits of an idiots estate during his life witht accounting for them, he must account for the profits &c. of a lunatics estate
Hale. His. P.C.33	Every person of the age of discretion is in law presum'd to be of sound mind & memory unless the contrary appear
9.Co.31	The trial of idiocy &c. in civil cases is by writ or commission to the sheriff or escheator or particular commissioners both by their own inspection & by inquisition to enquire & return their inquisition into the chancerys & thereupon a grant or commitment of the party & his estate ensues, & a special writ may afterwards issue to bring the party before the chancellor to be inspected.
Hale.Hist P.C.35-36	If a man in a phrensy happen, by some oversight or by means of his Gaoler to plead to his indictmt & is put upon his trial the Judge in his discretion may discharge the Jury of him & remit him to Gaol or, if there be no color of

Idiots & Lunatics

	evidence agt him may proceed to try him & enlarge him
Ver.262	The Committees of a Lunatick cannot make leases or any ways incumber the lunaticks estate witht a special order from the ct of chancery
Co.L.2 2.Vent.203	A person non compos may purchase & if after the recovery of their memory they agree think it cannot be avoided, but if they die in their lunacy or after the recovery of their memory witht agreemt to the purchase then Heir may avoid it.
[ ] 365	A Lunatick shall be tent by the curtesy & shall have Dower
Lit. sec. 405 Co.L.247	If a person non compos be disseis'd & a discent cast, this it is said takes away his entry but not the entry of his heir.
Hale. His. P.C.30	In criminal cases the insanity of the person is left both to the Judge & Jury. My Lord Hale saith that the best rule to be guided by in such matters is if the person hath ordinarily as great understanding as ordinarily a child of fourteen years hath such person may be guilty of treason or felony

Idiots & Lunatics

6.Co.124 Co.L.247	Acts solemnly acknowledged by an Idiot in a Ct of record are not voidable
4.Co.123 Ld. Ray. 313 2. Sal. 127.pl.2	The feoffmt of an idiot or non compos is not void but voidable, but it cannot be avoided by himself. But the King may by writ de idiota inquirendo avoid such alienation or office found, and after such office if the commission of tennacy be discharg'd the lunatick is restord to his lands. Also the heir may avoid such alienation. Secus of the remainder man or reversioner
4.Co.124 3.Lev.284	But the release surrender, letter of Attorney to give livery, warranty, or any other deed or writing obligatory, tho' they regularly at law bind the non compos are mere nullities with respect to others.
Abr.Eq.279	The contracts of idiots & Lunaticks, after office found & the party legally committed, are void. The suit for restoration must be by committee
Godolph. 26 4.Co.126 Ver.105	If a person of sound memory makes a will & after becomes non compos, this is no revocation of the will, yet a bill will not lie in the life of the non compos to establish the testimony of the Witness.

Indictments

PaCe6 Hist2. H.P.C.20	An indictmt is a brief narrative of an offence committed by any person which the publick good requires shou'd be punish’d.
2.Hal.His. P.C.171	If a Stat. prohibit any act to be done & gives a recovery by action of debt &c. & mentions not indictmt yet the person may be indicted on the probabitory clause. Secus if the act be not prohibitory.
2.Hal.His. P.C.ch.20	If a person indicted of treason or felony confessed the fact & accuses another by which he becomes an approver, the parties accus'd may be tried on his appeal witht other indictmt or presentment.
2.Haw P.C.211	If a civil action in the Kings bench de muliere abducta cum bonis viri, upon not guilty pleaded the deft be convicted, he may be put to answer the felony witht further accusation
210 Sid.23	It seems to be generally agreed that a grand jury must find either billa vera or ignoramus for the whole.
Cr.El.147 2.Haw. P.C.225	It is laid down as a good genl rule that in indictments the special manner of the whole fact ought to be set forth with such certainty that it may Judicially appear to the ct the indictors have not given on insufficient [premisses?]

Indictments

Haw. P. C.224	Hence it hath been held that no circumlocution whatsoever will supply the place of those words of the act which the law hath appropriated for the description of the offence, as felonies in an indictmt for any felony whatever &c.
225	It hath been holden that an indictmt for a felonious breach of prison witht shewing the cause of the imprisonmt is not good.
228	If one material part of an indictmt be repugnant to another or if the fact as laid be impossible or absurd the indictmt is void
3.Hal. Hist. P.C.175	The name & addition of the party indicted ought regularly to be inserted & inserted truly in every indictmt. But if the party answer to the name on the arraignmt or plead not guilty to the indictmt he is concluded.
2.Hawk. P.C.231	The deft & all other persons nam'd in the indictment must be describd with convenient certainty
238	An indictmt which doth not with sufft certainty set forth the thing wherein the offence was committed is insufft, as where one is indicted for having forg'd a lease of certain lands witht

Indictments

235	naming any one certain parcel. No indictmt whatever can be good witht precisely shewing a certain year & day of the material facts alledged in it.
2.Hal His. P.C.179	But it is not necessary to prove the crime to have been committed on the very day laid in the indictmt
2.Hawk. P.C.245 Cr.El.236 [ ] Co.48	There is no necessity for any indictmt or information on a public stat. to recite the Stat. But if a prosecutor take upon him to recite the Stat. & materially vary from it & conclude contra formam statuti praedictus he vitiates the indictmt
2.Haw.P.C. 246	A misrecital of the place or day on which a Parliament was holden vitiates the indictment.
247	A variance no way altering the sense does no hurt Neither is the misrecital of the preamble of the Stat. material
249	It is a genl rule that unless the Stat. be recited neither the words contraforms in Statute, nor any [persprasis?] intendmt or conclusion will make good an indictmt which does not bring the offence nor then all the material

Indictment

	words of the Statute, as if an indictmt for rape omit the word rapuit, or an indictmt of perjury on 5th of El.Ch. 9. omit the words voluntarie & corrupte
249	Neither is it always sufft to pursue the words of the Stat. unless in so doing you fully, directly & expressly alledge the matter where in the offence consists.
250	If the Stat. relate only to such & such persons particularly describ'd by it the indictmt must bring the deft within all such descriptions unless they carry with them the bare denial of a matter, the affirmation whereof will be a proper natural plea for the deft.
250	A conviction on a penal Stat. ought expressly to shew that the deft is not within any of its provisions.
251	A conviction on a penal Stat. ought expressly to shew that the deft is not within any of its provisions.An indictmt grounded on a stat. & concluding contra formum statute may be maintain’d as an indictmt at common law. The contrary was formerly held.

Indictment

251	It seems to be agreed that a judgemt on a Stat. shall never be given on an indictmt which doth not conclude contra formam statuti.

Infancy & Age

Dyer 143 Ray . 84 [ ] 162	If one under the age of 21 years makes his will & devises his lands & after attains the age of 21 years & dies witht any republication thereof this devise is void.
2.Mod.315 Ven.255 [ ] 316 [ ]. 35	An inft male at fourteen & female at twelve may dispose of their personal estate, at eighteen of their Negroes & at 21 of their lands.
Co.L.35	The age of consent to marriage in an inft male is fourteen in a female twelve
5.Co.29	An inft at the age of 17 may be an Exr
Co.L.247	The age of fourteen is the common standard at which both males & females are by our law obnoxious to capital punishments.
Hal.His. P.C.26 27 28-29	If the party be above twelve though under fourteen & appears to be dole capax he may be convicted if an inft be above seven & under twelve he is prima facie to be adjudged not guilty; but yet if it appear by strong & pregnant circumstances that he was dole capax, Judgemt of death may be given agt him for malitia supplet aetatem[ ]

Infancy & Age

God.or.leg.1 102 2.Ver.110	A child in ventre sa mare may be appointed Exr or may take a legacy & if there be two or more at a birth they shall be joint Exrs or joint legatees
Co. L. 244	If there be bastard eigne & mulier puisne the bastard enters & dies siesed leaving issue in ventre a mere, the mulier enters & then a son is born he cannot enter on the mulier.
Br.dev.32 Cr.El.423 Sid.153 liv.135 Ray.163	It has been a matter of much controversy whether a devise of lands to an inft in ventre sa mere is good, but all the books agree that a devise to an inft when he shall be born or when God shall give him birth is good /as an Exrs devise/& that the free hold shall descend in the mean time to the heir at law
Lev.142 Sid.321 Cr.Ja.59	It is laid down as a rule in some books that where it is alledged upon the pleadings that the party was & still is under age, it shall be tried by inspection of the Ct. but where the inft is of full age at the time of the plea it shall be tried per pais
2.Buls. 69	If an inft take a lease for years rendering rent if he enter upon the land he shall be charged with an action of debt during his minority.

Infancy & Age

Ver.386	An inft is not to be barred by the laches of his trustees, nor to be barred of a trust-estate during his infancy.
[ ] sec 402	The entry of an inft is not taken away by a descent cast
Co.L.245	But if a man seised of lands in fee die, his wife privement ensient & a stranger abates & dies seised & after the son is born he shall be bound by the descent.
2.Inst.303	If an inft be tent by the curtesy or lessee for life or years he shall answer for waste.
2.Inst.233 8.Co.44 Vent.200	An inft is bound by all conditions charges & penalties in an original conveyance whether he comes in by descent or by purchase
2.ver.343, 560	Bound in eqy as well as law
Co.L.246	If a man make a feoffment in fee to another reserving rent & if he pay not the rent with in a month that he shall double the rent, the feoffee dieth his heir within age payeth not the rent he shall forfeit nothing. because the inft is provided for by the statute
[ ] [ ] [ ]	[ ] [ ]

Infancy & Age

Broke disseisin 19	Two infts Jt Tents one releases to the other by which the other holds the whole this seems a disscisin, But if livery had been made it woud have been no disseisin but it woud have been void
Co.L.172 Cr.Ja.500	An inft may bind himself to pay for his necessary meat, drink, apparel necessary physick & such other necessaries & likewise for his good teaching & instruction but it must appear that the things were really necessary & of reasonable prices & suitable to the infts degree & estate which regularly must be left to the Jury who need not find particularly wht the necessaries were nor of what price each thing was
Val.386 pl.2, 279.pl.4	An inft not liable for money which he borrows to lay out for necessaries
Cr.Ch.502	Those contracts from which an inft can receive no benefit or semblance of benefit are absolutely void. Sed quaere
Br.sci. 12-19	There is a diversity between the actual delivery of the thing contracted for & a bare agree-

Infancy & Age

Sid.129 Lev.169	ment to deliver it, the first is voidable, the last absolutely void.
Ver.132 2.Ver.224	If one deliver goods to an inft on a contract knowing him to be an inft he shall not be chargeable in trover & conversion or any other action for them, secus if he take goods under pretence that he is of full age.
2.Mod.248 [ ].446 Vent.51	If an inft of the age of discretion commit any fraud by affirming himself to be of full age or by combination with his Guardian enter into any contracts with an intent afterwards to Elude them a ct of eqy will decree it good agt him according to the circumstances of the fraud.
[ ].Co.42 2. Inst.483	Infancy is a personal privilege of which only the inft himself can take advantage
Lev.144 Sal.279.pl.4	None but the inft himself or his representatives privies in blood can avoid a conveyance made by the inft during his nonage In assumpsit agt an inft he may give infancy in evidence & need not plead it.
[ ] Vent.213	If lands be sold to an inft & he contr [ ] possession after he comes of age

Infancy & Age

	It is a tacit consent to the agreement.
2.Ver. 224	Where an inft deseis'd lands subject to trust for paymt of younger childrens portions might not be sold & offer'd by his answer to settle other lands for raising the portions, it was held that he shoud be bound by the offer made by him in his answer if the other side were thereby delay'd & if the inft did not immediately after his coming of age apply to the Ct in order to retract his offer & amend his answer.
4.Leon.4	An inft made a lease for years & at full age said to the Lessee “God give you joy of it.” held an affirmation of the lease.
3.Leon.164 Comb. 381 [ ]	The deft under age borrow'd money of the Plf & at full age promis'd to pay him. bound by the promise
Abr.of Eq.282	Decreed in Ch. that if an inft borrows a sum of money for which he gives his bond & devises his personal estate (being of sufft capacity) for the paymt of his debts particularly those he had set his hand to this bond debt shall be paid.

Infancy & Age

Cr.Ja. 464	If Judgemt be given agt an inft by default after the default he shall have a writ of error & reverse the judgemt for his nonage, but if an inft after appearance make default judgemt shall be given agt him.
Hal.Hist. P.C.20 Co.L.359 Cr.Ja.274	An inft shall be privileg'd from fine & imprisonment in those cases where a person of full age shall be thus punish’d.
Co.L.127 [ ].Co.61	An inft being Plf or demandant shall not be amerced If an inft by his Guardian or prochein ami bring an ejectmt & after the Guardian &c. becomes insolvent the inft shall be amerced
[ ] Ver. 342	No decree shall be made agt an inft witht giving him a day to shew cause agt it when he comes of age
Palm.215	An inft must appear by prochein Amy or Guardian but he must defend by Guardian
[ ] 369	If an inft be sued the Plf must move to have a proper Guardian assign'd him
Vent. [ ]	In an action agt Baron & Feme the Feme being within age she ought to appear by Guardian

Infancy & Age

Cr.Ja.420	Debt brought agt an inft Exr he cannot appear by attorney but by Guardian
441	But if an inft Exr brings an action by Attorney & hath judgemt to recover this is not erroneous
Cr.El. 278 Vent.102 see Lev.181	If an inft & man of full age be Exrs they may bring an action as Exrs & the inft may sue by Attorney
Car.256	The Plf being an inft had sued by his Guardian but the entry on the roll was T.S. by his Guardian omitting “admitted especially by the ct for this purpose, the entry sufft
Abr.Eq. 72 260	An inft cannot bring a bill in Chy but by his prochein amy. And it is said that a Guardian cannot otherwise be appointed than by bringing the inft into ct or his praying a commission to have a Guardian assign'd him Where a bill is brought agt an inft & he reglects to appear to have a Guardian assignd him, it is a motion of cause (he being in contempt to an attachmt) to pray for a messenger to bring him into Court In all cases where a naked right in fee

Infancy & Age

6.Co.3 Dyer.133 Cr.Ja.469	descends from any ancestor to an inft there in every action ancestral the parol shall demur Secus in real actions brought by an inft on his own possession
2.Inst.89	If an action of debt on the obligation of the Ancestor be brought agt the heir the parol shall demur & so in all cases where the fee may be charg’d.
[ ].Co.85	In a writ of mesne the parol shall not demur for the non age of the demandant
6.Co.3 Dyer.137	Where a naked right descends of lands of wh the ancestor was once in possession there in an action ancestorel brought by the inft the parol shall demur witht plea secus where the ancestor died seised or where the action is brought of the seisin or possession of the inft In Detinue agt an Exr for a delivery to the Testator the parol shall not demur for the non age of the Exr.
[ ] [ ]	If an inft be in by purchase he shall not have his age
	If an inft hath an estate in possession by purchase sufft to answer the action than he

Infancy & Age

Co.L.338	hath the residue of the estate by descent yet he shall not have his age. Thus if Lessee for life surrenders to an inft who hath the reversion he shall not have his age If an inft be vouched & bound to warranty by the deed of his ancestor the parol shall demur for the non age of the inft
45.Ed.3.23	If two are vouch'd if the parol demurs for the non age of one it shall for the other also
6.Co.5	The Ct ex officio ought to grant that the parol shall demur though the tent will answer.
2.Inst.258	Where age is granted or the parol demurs the writ Does not abate but the plea is put witht [ ] until full age

Informations

Haw.P.C. 260 [ ] 14-15	An information may be defin'd an accusation agt a person for some criminal which from its enormity or dangerour tendency the publick good requires shou’d be restraind & punishd.
Hal. His. P.C.ch. 28	In crimes not capital the proceeding may be by information
Lev.125 Sid.174	For a conspiracy alone witht any prosecution information lies.
Carth. 226	In every information a single offence ought to be laid & ascertain’d.
2.Hawk P.C.262	An information is not to be admitted to be filed (except those exhibited in the name of his Majesties attorney Genl) witht first making a rule on the persons complain'd of to shew cause to the contrary, which rule is never granted but on motion made in open Ct & grounded upon affidavit of some misdemeanor which doth either from its enormity or dangerous tendency seem proper for the most publick prosecution. Sometimes upon special circumstances a Ct will grant it agt those who cannot be personally servd

Informations

with such rule as if they purposely absent themselves But if he shew good cause to the contrary the ct will not grant the information witht some particular circumstances the judgemt whereof lies in discretion

Injunction

Moor 920 pl. 1108	Injunction is a prohibitory writ restraining a person from doing a thing which appears to be agt eqy & conscience An injunction to stay restitution upon an indictmt of forcible entry. The most usual injunction is to stay proceedings at law on some equitable circumstances of which the party cannot have the benefit at law in each case the Plf in equ may move for an injunction either upon an attachmt or praying a dedimus, or praying a further time to answer, but this injunction only stays execution touching the matters in question & there is always a clause giving liberty to call for a plea to proceed to trial, for want of it, to obtain judgmt but exn is stay’d till answer or further order
2.Ver.330 Vel.161 [ ].14 [ ].Ch.454	If a man be tent for life witht impeachmt of waste with remr to his first &c son in tail yet if he shd pull down the house or any part of the buildings thereunto belonging eqy would enjoin him
[ ].Ca 66	An injunction granted to stay trial at law is never granted but upon notice, as where one files

Injunction

	his bill & it appears to the Ct that the Plf eqy must rise out of the defts answer
Ver.156	An injunction for quieting the possession is only grantable where the Plf has been in possession three years before the bill exhibited on a title yet undetermind, or in case the clause hath been heard & judgemt pass’d on its merits by the Ct
Ver.22	There is an injunction to prevent multiplicity of suits
2. [Kell?] 17	injunction intended to stay proceedings agt Bail It hath been of late practis'd to commit the party on affidavit of a breach of an injunction & personal notice given to him

Inns & Innkeeper

22.G.2.Ch. 24.p.241	Any person retailing liquors witht license to forfeit ten pounds
Palm.374 2.Roll. Rep.345	A person who makes it his business to entertain travellers & passengers is a common innkeeper.
Cr. Ch. 549	An Innkeeper cannot be a bankrupt
Co.L.47	The horse & goods of a Guest cannot be distrained
Ray.231	If a man keeps an inn & a person who lives just by him designing to get away his customers tells a person who enquires for such inn that no one lives there this is actionable If an innkeeper refuses to take a traveller as a Guest into his house unless house be full or if he refuse to furnish him with victuals on being tenderd a reasonable price for the same an action lies agt him|-
Sal.18	He who takes upon himself a public employmt must serve the public as far as his employment goes, therefor the Inkeener must answer for the neglects of those he keeps under him though he shoud expressly caution agt it

Inns & Innkeeper

[ ]. Co. 32 [ ]. 96	If a man desires his horse to be put to grass & the horse is stole the innkeeper is not liable. secus if the man does not direct his horse to be put to grass, or if he be lost by the voluntary & wilful negligence of the innkeeper
22.G.2.ch [ ].p.241	Ordinary keeper selling at higher rates than allowd to pay 10/ to the informer which is recoverable before any justice of peace.
[ ].6.53 Roll.abr.95 Dyer.266	If an Innkeeper or his sert sell corrupt wine or victuals an action lies agt the Master.
8 Co.32 Br.ac.on the case.41	Innkeepers are chargeable for the goods of guests stolen or lost out of their inns & of this duty they cannot discharge themselves by sickness absence &c.
8.Co.33.	If the host delivers the key of the chambers where the goods are to the guest & he leaves the door open & the goods are stolen yet an action lies agt the host. secus if he be robb'd by one who was with him or who desires to be lodged with him It seems the host is answerable if the guest does not acquaint him with what goods he has.
Moor 158 pl.299	Secus if the host ask him & he deny that he hath any or says that he has less than he has in reality. Said by Anderson, but Windham & [ ] contra

Inns & Innkeeper

2. Brom. 214 8.Co.32	If an host invites one to stay all night yet if he be afterwards robb’d the host shall not be chargd for he was no traveller
Cr.Ja.188 Moor 877 Hay 126 Sal.388 pl.2	If a man comes to an inn with a hamper in which he has sevl goods & leave it with the innkeeper he shall not be chargeable if the goods are stolen unless the man returns that night. Secus if it be any thing which the host hath benefit by keeping
Cr.Ja.224	If a mans servt travelling on his masters business comes to an inn where the horse is stolen the master shall have an action
Cr.Ch.27 Sal.388.nl.2	The Innkeeper may retain the person of the guest who eats or the horse which eats till paymt.
Moor 877	An innkeeper who detains a horse for his meat cannot use him.

Joint Tenants & Tenants in Common

[ ] Co.27 Co. L.30 Co.L.9 200	The wife of a Joint tent cannot be endow’d If there be two joint tents & one releaseth to the other this passeth a fee with t the word heirs. Tents in common cannot release to each
[ ] H.6.51	One joint tent cannot surrender to the other
Sal.392 pl.4	One Tent in common cannot deseise the other otherwise than by an actual disseisin
ColL.190	A Layman & a Bishop may be joint tents of a lease for years & of a personal thing
[ ] sec.291	If an estate be made to husband & wife & a third person the husband & wife shall take but one moiety.
Co.L.187	If Lands be given to husband & wife & their heirs the husband cannot during the life of the wife dispose of any part of it. Secus if it be given to a man & a woman before marriage.
Co.L.188 [ ] 101 Dyer 340	If a man make a feoffmt to the use of himself & such wife as he shall afterwards marry they are joint tenants
2.Ver.683	It has been ruld in chy that where the husbd binds out money in the names of himself & wife, upon Mortgages & bonds & dies that the wife is entieled to the money.
Co.L.351	If baron & feme be joint tenants of a lease or other personal thing he may grant though

Joint Tenants & Tenants in Common

	He cannot devise it.
10.Co.5 Cr.El.341 Co.L.46	If a lease be made to Baron & feme for their lives remainder to the survivor & or to the Exrs of the survivor & the baron grants the term & dies this will not bar the wife surviving because she had but a possibility & no interest.
Co.L.55	Baron & feme joint tents for life, baron sows the land & dies, his Exrs shall have the emblements
Carth.170	The survivor alone of two joint Merchants may bring trover for goods lost.
Str.217	If two take a lease jointly of a farm the stock though occupied jointly shall not survive
Cr.El.431 2. Sid. 53 3.Lev.127	If a man hath issue only two daughters & devises land to them & their heirs they are joint tenants
Co.L.189 Lit sec.309	If there be three joint tents & one of them aliens his part the other two are joint tents of their parts & hold them in common with the alience, &c.
Co. L.190	If lands be given to two habendum the one moiety to one & his heirs the other moiety to the other & his heirs this is a tenancy in common
2. Vent. 365	The words equally divided or equally to be divided do not create a tenancy in common indeed such estate in conveyance can only be

Joint Tenants & Tenants in Common

[ ] [ ] [ ] 330	created by limiting the estate to them to take expressly as tents in common, or by limiting a part to one & a part to another
[ ] Moor 550 Cr.Ja.448	In a will the intention of the testator is to govern therefore a devise to two equally & their heirs has been held a tenancy in common.
Holt. 410 Abr.Eq.292 [ ]332	A mortgage devisd to two daughters being held in common if they purchase the eqy of redemption that shall be held in common likewise
[ ].16	If £500 a piece is devised to two legatees who take a Mortgage jointly to them both for securing the paymt of their legacies & interest one of them dies, the other shall have nothing by survivorship
Abr.Eq. 192 [ ] [ ] Phillips	One devisd £100 to five equally to be devided between them & the survivors & survivor of them & if A (one of the five) died before marriage, her share to go over to another person, held a tenancy in common
Ver.33	In eqy where two or more purchase lands & it appears in the deed itself that the proportions of money paid are not equal, however the legal estate may survive, the survivor shall be considered but as a trustee for the others, in proportion to the money paid

Joint Tenants & Tenants in Common

	So if one lays out a considerable sum of money in repairs or improvements.
Abr.Eq.290	Five persons purchasd lands & after enterd into articles (in order to improve & cultivate the lands) whereby they agreed to be equally concern'd as to profit & loss & to advance each of them such a sum to be laid out in the manurance &c of the land, It was held that they were tents in common as to the benificial interest or right in those lands For it may happen that some may have paid their share of the money & others nothing.
5.Co.9	If an estate is limited to Husband & wife during their joint lives it determines with the death of either of them
Lit.Sec.283 Co.L.25	If lands be given to two men & the heirs of their bodies they have a joint estate for life & sevl inheritances. Secus if given to a man & a woman
Co.L.168 Br.Lit.Grants 154	Joint tents & tents in common may according to the interest they have join or sever in making leases
Co.L.47 Vent.161	But if there be two Joint tents &c & they make a lease by parol or deed both reserving rent to one only yet it shall enure to both

Joint Tenants & Tenants in Common

	Secus if it be by deed indented.
Roll.Abr. 877 [ ].202	If two tents in common of lands join in a lease for years by indenture of their sevl lands this shall be the lease of each for his part & the cross confirmation of each for the part of the other
Sal.285 pl.17 Ld.Ray.741 Bridg. 129	The possession of one joint tent is the possession of the other so far as to prevent the Stat. of limitations. So if they be disseis’d & one enters this is the entry of both
[ ] sec. 306 Co.L.194	If these be two joint tents by disseisin &c & the disseisee &c release to one of them it shall enure to his advantage only. Secus if the disseisors enfeoff two persons
[ ] sec.207 Co.L.49 3.Vent.202 [ ] Co. 95	If a feoffment be made to A & B by deed & livery be made to one in the name of both it shall enure to both. Secus if the feoffmt be witht deed.
Dalr.44 pl.33	If two joint tents make a feoffmt on condn that if they paid such a sum before such a day they might reenter, before the day one of them releases this condn to the feoffer it shall not bind his companion

Joint Tenants & Tenants in Common

1. Inst. 302	Two joint tents for years or for life one of them does waste, this is the waste of both as to the place wasted, but treble damages shall be recover’d agt him who did the waste only
Co.L.18	A naked trust or authority cannot survive but a trust coupled with an interest shall survive.
191	If a lease be made for A & B for their lives & the life of the longest liver & they make partition & A dies, the lessor shall enter into his part
2.Roll. Abr.86	Two joint tents sow their corn & one dies the corn shall go to the survivor. secus where husbd & wife are joint tents.
Perk. Sec.523	One of two tents in common sows the land then his Exrs shall have the corn
Co.L.181	The right of survivorship takes place immediately on the death of the joint tent whither it be a natural or civil death
188	There shall be no right of survivorship unless the thing be in jointure at the instant of the death of him who first dieth
185	Two femes joint tents of a lease for years one of them takes husbd & dies yet the term shall survive. secus of personal goods

Joint Tenants & Tenants in Common

Co. L.186	Although joint tents are seisd per [ & ] yet to sevl purposes each of them hath but a right to a moiety, as to enfeoff give or demise, forfeit release by default in a praecipe. If two joint tents make a feoffmt in fee with condn & on the breach thereof one of them shall enter into the whole yet he shall enter into but a moiety
2. Ver.23	An agreemt to alien does not sever the joint tenancy
[ ].193	The conveyance from one joint tent to another is by release. Tents in common must convey by feoffmt &c.
Vent.78 [ ].452 Leon.167	If the jury find that one joint tent did grant or convey to another this amount to a release one joint tent of a rent cannot release the arrearages to another.
Co.L.167	A partition between joint tents of a preehold must be by deed . Secus of tents in common
168	Regularly every disposition by one joint tent to bind his companion must be an immediate disposition.
185 Br.titl Grants [ 254?]	But if one, of two joint tents in fee lets his moiety to J.S. for years to begin after his death this is good

Joint Tenants & Tenants in Common

Lit. sec.281 Cr. Ja.101	If one of two joint tents devises his part & survive the other joint tent the devise is good for the whole
Cr.Ja.91 Co.L.184 Co.96	If one of two joint tents for life makes a lease for years to commence immediately or after his death for his moiety, it shall be good & binding agt the survivor, but if rent be [ ] ’tis determin’d & gone by the death of the lessor.
Sal.158	In Eqy if three persons are jointly possess’d of a term for years & one of them mortgages his third part the joint tenancy is wholly sever’d
Co.L.188	If there be two Joint tents of a rent & one of them disseises the tent of the land this severs the joint tenancy for a time
Cr.El.33	If one of two joint tents grants a parcel of the term to a stranger by this the jointure of all is severd
Lit. sec.286 Co.L.184	Regularly all grants or charges on the land by one joint tent fall of with his life
2.And.202 2.Co.60 Cr.El. 750	Two joint tents for life the reversion descends or is granted to one of them this severs the jointure
Cr.El. 65	If a writ of partition be brought by one joint tent agt sevl & there happens to

Joint Tenants & Tenants in Common

	error & one of the defts releases all errors to the Plf this shall not bar the others
Dalison 59.	If after the awarding of the judicial writ & before the return of it the deft dies yet the partition is good
F.N.B.62	The process in the writ is summons attachment & distress infinite
Co. L.18O	Joint tents must jointly implead & be impleaded with others.
197 Lit.sec.314 Lit.sec.315	Tents in common where the thing is entire must likewise join in an action as for a horse &c.
Co.L.198	So in actions personal as in trespass for breaking open a house &c.
185 Carth.289	Tents in common may join or sever in debt or covenant for rent, but if they sever the demand must be de una medietate of the whole
Cr. Ja.19	If two joint tents bring trespass & pending the action one of them dies the writ shall abate. Secus if brought agt them.
Co.L.188	If one joint tent be summond & sever'd & dies the writ abates because the survivor [goes?] for the whole

Joint Tenants & Tenants in Common

Co.L.197

Secus in personal & mix’d actions where there is summons & severance & yet after such summons & severance the plf goes on for the whole

Jointure

Co.L.36 4.Co.2 2.Bl.137	A jointure is a competent lively hood of freehold for the wife of lands &c to take effect presently [the] possession as profit after the death of the husband for the life of the wife at least
4.Co.23	The estate must take effect immediately after the death of the husbd therefore if an estate be made to A for life or to the use of A for life remr to the wife this is no good jointure tho A dies living the husbd
Co.L.36	It must be for the term of the wifes life or a greater estate, therefore if an estate be made for the lives of many others or for any term of years tis no good jointure
4.Co.23 Sed vide— Moor 31.pl.10	If an estate be limited to the wife upon condition, as durante viduitate, her acceptance of such conditional jointure makes it good
Co.L.36 Br.Ab,224	It must be made to herself & not to others in trust for her. But this rule has some times been dispens’d with in a Ct of eqy.
Co.L.36	It must be in satisfaction of her whole Dower & so express’d.
[ ].Abr.824	Of this quaere for it is not requird either within

Jointure

Owen 33	the words or intent of the Stat. And therefore where an assurance was made to a woman to the intent it shoud be for her jointure but it was not so express'd in the deed, the opinion of the Ct was that it might be aver’d & that such avermt was not traversable
Cr.Ja.490	If a wife has an old right before coverture & afterwards takes a jointure of the same lands she shall be remitted
2.Ch.Ca. 162	If a feme covert joins with her husband in levying a fine to raise a sum of money by way of
Ver.41 2.Vent.343	Mortgage this shall bind her, yet in this case she doth not absolutely part with her estate for life but there results a trust to the wife to redeem, & the money shall be paid out of the personal estate of the husband
Do Ver.427, 207	If a man before marriage articles to settle a jointure on his intended wife, & the marriage is consummated & the husband dies before any settlemt made; eqy will decree an execution of the articles If there be a jointress & a covt that her jointure shall be of such a year by value

Jointure

Abr.Eq. 221

& it falls short, she may commit waste so far as to make up the defect of the jointure

2.Ver. 707 Ver.479

If a bill is brought by the heir at law or any other person agt the jointress whereby the party woud avoid a jointure under pretence that his Ancestor was only tent for life &c & he seeks for a discovery of deeds whereby he woud avoid the title of the jointress he shall never have such discovery unless he will submit by his bill to confirm her title. So if jointress prays such discovery agt an heir at law if the heir submitts by answer to confirm the jointress title she shall have no such discovery.

Leases & Terms for Years

[ ] [ ] 149 [ ] Co.16 Dyer.56 Br. tit. [ ] .23 Bul.7 Lit. sec. 71 Co.L.57	Not only lands & houses have been let for years but also goods & chattels. If one lease for years a stock of live cattle such lease is good & the lessee hath only the use & profits of them during the term, but yet the lessor hath not any reversion in them to grant over to another till the lessee hath redeliver’d them to him. If any of them die during the term the lessee need not replace them & all the young ones belong absolutely to the lessee. The lessee cannot kill, sell &c. the old ones witht being subject to an action of trespass. In case of a lease of a house together with goods it is usual to have a schedule thereof & affix it to the lease & to have a covt from the Lessee to redeliver them at the end of the term. Witht such covt the lessor woud have no other remedy but trover or detinue for them after the end of the term.
Hard.46 2.Lev.245	A ministerial tho' not a judicial office may be granted for years
Moor 105 2 Lit. sec. 547.	Some opinions are that all leases made by Co.L.45. Lev.6. Bos.tit.leases. [50?]

Leases & Terms for Years

Lit.sec.259 Will. rep. 389 3. Co.119 Cr.El.127	Infants are absolutely void unless rent be reserv’d. Others seem to be of opinion that they are only voidable
Cr.Ja.332 Co.L.45 P.C.137	Husbd may make a lease for lands held in right of the wife & such lease is good during the life of the husbd & after if the wife do not disagree to it.
Cr. Ja. 563	So if wife join in such lease for years by indenture unless made pursuant to 32.H.8. she is after her Husbds death at liberty to affirm it by acceptance of rent or to avoid it by bringing action of trespass. She may plead non dimuit.
Yel. 1 Cr.Ch.155 Cr. Ja. 617 2.Bul. 13 [ ] [ ]	If the wifes part in such lease were merely void then the Lessee ought in his declaration on such lease to leave out the wife; as where Husbd & wife sealed a lease for years of the wifes lands & at the same time executed a letter of attorney to a third person to deliver such lease as thir deed to the lessee.
Cr. El. 656	A parol lease of the wifes lands tho' by Husbd & wife determines absolutely by the death of the Husbd.

Leases & Terms for Years

Cr.El.287 Co.155	Husbd & wife joint tents for /50/ years if they or either of them so long live the Husbd by indenture lets the lands for fifty years to commence immediately after his decease. This shall bind the wife. Secus if he had granted the term to commense after his death
Br. tit. [ ]vo/w/ry.123 Va/u/gh 46	a Husbd seis'd of land in right of his wife makes a lease for years reserving rent , his wife dies witht issue, yet he may avow for the rent till the heir hath made actual entry.
Cr. Ja. 22	The Stat. 32.H.8.Ch.28. has made an alteration in the common law & enabled all Husbds seised of lands in right of their wives to make leases for twenty one years or three lives, observing the directions therein given That all leases to be made by any person or persons having any estate of inheritance in fee simple or fee tail in right of their wives or jointly with their wives, of an estate of inheritance made before the coverture or after shall be good provided that the wife be made party to every such lease to be made by her husband of any manors &c. being the inheritance if the wife

Leases & Terms for Years

	And that every such lease be made by indenture in the name of the husband & wife & she to seal the same & that the rent be reserv’d to Husband & wife & to the heirs of the wife according to her estate of inheritance therein
Br.tit. acceptance 14 Cr.Ch.398 Co.147 10.Co.49 Co.L.47 6.Co.15 Co.L.300	Leases for years made by tent in dower or curtesy can endure no longer than the life of the Lessor. So of leases made by tent for life unless confirm’d by him in remr or reversion or unless the remr man &c join with tent for life in an assignmt of the term witht mentioning the life estate. Nor can the acceptance of rent by him in reversion make good the lease. Neither will it be good if tent for life purchases the reversion
[ ] 650	If a disseisor makes a lease for years & the disseisee confirms it & after reenters yet he shall not avoid the lease or rent.
Co.L.48 Cr.El.483 [ ] Co.55	If one be disseis’d of lands & while he is out of possession intends to make a lease for years the way is to prepare a deed of lease & after he hath sign’d & seal’d it, before any actual

Leases & Terms for Years

	delivery thereof as his deed, to deliver it as his escrow to a third person to be deliver’d as his deed after entry & actual possession taken in his name, or after signing & sealing before actual delivery he may make a letter of attorney to a third person to enter upon the land in his name & after such entry to deliver it, as his deed to the lessee.
6.Co.63 5.Co.29 Princes case	Admr derrante minoritate may grant leases for years which will be good till the Exr attains the age of seventeen
B.2.tit leases.37 Cr.Ja.99	A bailiff of a manor cannot by virtue of his office make leases for years.
2. Ch. Ca. 202	But if the bailiff of a manor bath a special power to make leases for years as they ought to be made in the name of their master so they ought to be made in writing that the authority may appear to be pursued
Lit. sec.123 Co.L. 88 Vaugh.18	A Guardian in socage make leases for years in his own name and is accountable to the inft when he comes of the age of fourteen or at

Leases & Terms for Years

	any time after, so of Guardian by testament.
Cr.Ja.55	If such guardian makes a lease for years to continue longer than his interest in the lands tis not absolutely void but voidable only
Plow.293	If a woman who is guardian in socage marries again & such husbd makes a lease for years of the infts lands, this lease upon the death of the husband becomes void.
9.Co.76 Cr.El.115 Dyer.132	If one hath power by letter of Attorney generally to make leases for years /or ought to make them/in the name & stile of his master & not in his own name. But in the conclusion of such lease it is proper to say In witness whereof A.B. of such a place &c. in pursuance of a letter of Attorney hereunto annex’d, bearing date such a day. Or if the letter of Attorney be genl & concern more lands than those compris’d in the present lease then to say In pursuance of a letter of Attorney bearing date such a day, hereunto annex’d, a true copy whereof is hereunto annexed hath put the hand & seal of the master & so write the masters name

Leases & Terms for Years

Vaugh. 28 8.Co.70 2.Str.992	Where leases for years are made pursuant to powers in private conveyances or settlemts those powers must be strictly pursued or the lease is void.
Co.134 8.Co.71	If a feoffmt in fee be made to the use of A for life remr to B in tail with power to A to make leases reserving the accustomable rent payable to all those who shall have the reversion or remr. If A makes leases accordingly these leases derive their essence out of the feoffmt & after they are made do in point of time precede all the other estate limited by that feoffmt.
Pope 81 Co.176 Cr. Ja.180 Ray.247	But these leases can only be made by virtue of such powers executed by transmutation of possession, therefore if one bargains & sells lands to another by indenture enrolld for the life of the bargainee with power for the bargainee to make leases for three lives or twenty one years yet this is of

Leases & Terms for Years

	effect to give him such power.
Lev.167 Sid.260 Ray.132 Reb.778, 910 Ch.Ca.17	Where tent in possession makes a settlemt with power to make leases generally there he can only make leases in possession But where he that makes the settlement had only a reversion at the time there he may make leases out of that reversion
Leon 147	Devise for life with power to make leases generally, before the expiration of his first lease may make a second to commence presently which shall be good as a concurrent lease
9.Co.76	Tent for life with power to make leases for three lives &c cannot make them by Attorney
Ch.Ca.10 sec Abr.Eq. [ ]	One who has power to make a lease for ten makes it for twenty years this in Eqy is good for the ten years
[ ]	Whatever words are sufft to explain the intent of the parties that the one shall devest himself of the possession & the other come into it for such a determinate period of time, whether they run in form of a licence, covt or agree-

Leases & Terms for Years

3. Buls. 252 Sid.428

-mt are of themselves sufft to create a lease for years. And on the contrary if the most proper & authentic form of words are us’d yet if on the whole deed there appears no intent to pass a lease, but that they are only preparatory & relative to a future lease to be made, the law will rather do violence to the words than break through the intent of the parties. So if one only license another to enjoy such a house or land for such a time this amounts to a present & certain lease for the time.

Leon.136 Cr.El.1.173 Cr.Ja.42 3 Buls. 252 Cr.Ch.207 Cr.El.223

So if A by articles covenants with B that he shall have or enjoy such lands for such a time this is a good lease. Secus if the Covt had been with B that C a third person or that the Exrs of B might enjoy the lands. In the first case tho’ there be covts in the same articles that A shall hereafter make a good & perfect lease as counsel shall advise, yet that will not destroy the operation of the first words, such covt being only in majorem cautitam, that the lessee might require further assurance, if he found it necessary

Leases & Terms for Years

[ ]	One made his will in this manner; I have made a lease to J.S. for twenty one years paying but 20/ rent. Held a good lease or devise
Moor pl.31 Cr.El. 33.306	One said to another you shall have a lease of my lands in D for 21 years paying 10 rent, make a lease in writing & I will seal it. Held good.
Nay 128	Articles were drawn between A & B in this manner A doth demise such a close to B to have it for 40 years, & a rent reserv'd with clause of distress &c. In witness whereof &c. And afterwards there was written on the same paper a memorandum that these articles are to be order’d by counsel of both parties according to the due form of law. Not a sufft lease because of the intent of the parties.
Dyer 150 Co.155 Moor 480 2.Mod.31 [ ]. rep 16. Gil. Eq. re.108 [ ]	The sd A is contented to demise such lands &c to the sd B from Michaelmass next for 6 years, & after these words the rent reserv'd is 100 per Annum a rentry for nonpaymt of the rent, a covt for reparations & a covt to do such other thing these articles are sealed & deliverd by the parties, yet they do not amount to a lease, but were [stated wrong?] in Cr.Ja.172

Leases & Terms for Years

	only preparatory covts or instructions for a lease & never were intended to have the force or effect of a lease themselves. Besides that, the word “contented” imports only an approbation of something to be done after
Mod.180 Sid.461 Vent.84	Where the lease is to begin from the date if the date is impossible, it shall take effect from the delivery, but if the date be possible & uncertain it shall be totally void.
Dyer 261	A leas’d lands to B for 40 years if he shou’d so long live & after to C pass for 21 years from the end of the term of B to commence & be accounted from the date of these presents. The lease to C shall begin from the end of the term of B & the last words are so construed as to give an interest as a future interest presently.
Plow.198 Co.L.45 Co.154 2. Bl.	The word term comprehends as well the estate & interest of the lessee in the lands as the time for which it is demisd. Secus of the word time If a reciting that B hath a lease for years of such lands demises the same lands to C for

Leases & Terms for Years

Dyer.116 pl.70 Br. titles. .sec. 62 Plow.148 Cr.Ch.395 Co.L.46 Lev.77 Vaugh.73 Lev.234 Sid.460 2.Hub. 322

Years to begin after the end of the Sd lease to B. where B hath not any lease the lease to C shall begin presently, for in judgemt of law a void limitation & no limitation is all one. So if he recites a lease which in construction of law appears after to be void or misrecites a good lease in a point material, Hab. from the end of the sd lease this new lease shall begin presently.

Vaugh. 73 Dyer 93 pl.28 4 Co.74 Cr.El.603

Tho' when the first lease is good in law & only misrecited in a point material the new lease shall only commence in enumeration of years & not in interest till the determination of the first lease. So there a jury find an indenture of lease, whereby it is recited that the lessor made such former lease of such date & under such rent witht finding the former lease in fact but only by way of recital in the deed, such second shall be adjudged to begin presently tho’ in the deed it is limited to begin after the first lease so recited. Because the jury do not actually find the first lease but only a recital of it in another deed which recital may be

Leases & Terms for Years

	false for aught appears to the court.
2.Bur. rep. 190	A lease may commence one day in point of computation & another day in point of interest & such a lease"Hab. from a day past for 50 years then ll next ensuing, the sd term to commence from & after the determination for erecting lease of the same premises 11 shall not be esteem'd uncertain in its commencemt.
Co.L.45 Co.155 Bl.	If one makes a lease for years for so many years as J.S. shall name this is good provided J.S, names the yea rs in the life of the lessor.
Co.L.45 Bl.	If a man makes a lease for so many years as he shall live tis for uncertainty void from the beginning.
Vent.13?	Scriptum obligaborium in pleadings may be intended an indenture
6.Co.35	If a woman be enceinte of a son & a lease is made till such issue in ventre sa mere shall come to full age this is a lease at will only
Do	A lease for years witht saying how many good for two years

Leases & Terms for Years

Br. tit. leases.13	A lease for ten years at the will of the Lessor good for ten years certain
5.Buls.158 Dyer 24[. ] [. ]	A parson made a lease of his rectory for three years & so from three years to three years during his life and so from three years to three years during his life, held a good lease for 12 years
Plow.273 co.L.45 6.Co.35 Cr.Ja.308 Bulst.215	If a man makes a lease for a year & so from year to year cqua indica ambabus partibus placierit?l this is an estate for two years certain at least & at most after three years tis but an estate at will
3.Co.66 3.Bulst.131	If a lease is made /for 40 yeara/ to A & B if they live so long the death of either of them will determine the lease
Cr. El. 643	A lease was made for 21 years if the lessee so long liv'd & continued in the lessors service, the lessor dies the lease is not deter mind because it is the act of God that he coud serve no longer.
Dyer 67 [ ]l8 Co.L.219	A lease is made to two for years with a proviso that if the lessees die within the term the term shall cease , one aliens & dies, the assignee shall have his part during the term or the life of the survivor.

Leases & Terms for Years

Plow.421 Cr.El. 160 Co.155 3.Leon 17 4.Do.23 5.Co.113

If one makes a lease to A for ten years & the same day makes another lease to B by parol for ten years the last lease is absolutely void, but if it had been made for twenty years it woud have been good as a future interess.termini to talce effect when the first lease had by efflux of time expird. If such second lease had been made by deed poll it woud enact as a grant of the reversion & draw after it the rents & services of the first lessee if he woud attorn. If such second lease had been made by indenture it woud have been good as a present lease. But in all the cases beforementiond such lease by indenture or deed poll if made by way of bargain & sale for years then it shoud seem, it woud pass aw a reversionary interest presently witht any attornment by force of the Stat. of uses.

Co.L.47 4 Co.53

If a lease be made by indenture & the lessor have nothing in the lands at the time this

Leases & Terms for Years

	shall operate mutually as an estoppel. But if the lessor bad any interest in the lands he may confess & avoid
Cr.El.37 700 Co.L.352	It is generally said that an estoppel ought to be mutual therefor a lease by feme covert &c binds neither party as an estoppel
Cr.El.15 5.Co.124 Cr. El. 125 Cr.Ja. 60	If a man makes a lease for years to commence after the death of a tent for life, & after the death of tent for life before the entry of Lessee for years a stranger enters still may the Lessee for years transfer his right of entry to another secus if he had enterd & was disseis'd.
Cr.El.169	The Lessee must enter when his lease comes into possession & if he enters before this is a disseisin.
Co.L,52 Cr.Ja.117	If Lessee for years has a letter of attorney to make livery of the freehold this shall not merge his term

Leases & Terms for Years

7.co.48	If the Lessor infeoff's his Lessee for years to several uses the interest of the Lessee is saved by 27 of H.8.of uses.
C.L.339 Plow. 418	My Lord Coke lays it down that a man cannot have a term for years in his own right & freehold in auter droit, tho' one may have a term for years in auter droit & a freehold in his own right
Cr.J.275 Bulst 118	But this rule admits of divers excentions: for where the Husband possess'd of a term for years took a wife & after the inheritance descends to the wife his term is not thereby merged because the descent was an act of law which the Husband coud not prevent.
Cr.El. 156	Any form of words whereby the intent & agreement of the parties may appear is sufficient to work a surrender.
Cr.El.179, 302 Co.L.308 2.Vent.326 Co.L.173. Per.sec.584	Doubtful whether a lease for years may be surrender'd to one who has a term in remainder

Leases & Terms for Years

Br.tit.leases. 14 5.Co.11 Cr.El.521	A surrender in law of leases in possession is wrought by acceptance of a new lease from the reversioner either to begin presently or at any distance of time during the continuance of the first lease.
Cr.El.873 Hutton 104	If such second lease be void for any defect in the making or execution of it yet it is a surrender of the first lease secus if it were void for want of power in the Lessor to make it.
C.L.338 5.Co.11 Cr.El. 522	Leases in futuro can only be surrender'd in law, for a surrender of them in fact is not good.

Legacies

2.Leon. 119

If a man covenants with J.S. to pay him £20 & after devises him £20 in discharge of the covt this is not a legacy but a debt, but if he coven/an/ts with J.S. to pay A,B & C £20 a piece & devises them £20 a piece in discharge of the covenant this is a Legacy & they being strangers to the covenant may sue as Legatees

Godolph. 281 2.Ver.467

Any words which manifest the intention of the testator to be to create or give a legacy will be suffient for that purpose as where a man gives £100 besides a cloak: this is a good bequest of the cloak Or if a man say out of the £100 which I gave to A I give B £50 this is a good bequest of the £50 because only a false demonstration in an immaterial circumstance, but A takes nothing. If there be a devise of a personal thing to A for life

Legacies

2.ver. 467	directing him at his death to give it to B this amounts to a devise of the [ ] of A only to A for life remr to B.
2.ver. 181	A devises his land to Bin fee paying £400 £200 of which to be at the disposal of his wife by her last will & testament. These words vest an absolute interest in the wife & if she dies intestate her Administrator shall have the £200
2.Ver. 513 do Ver.355 2.ver. 421	If a man gives legacies to his children to be paid at 21 & if ei§her of them die before 21 his wife whom he makes sole Excutrix to dispose of such legacy to two or more of his children as she shoud think fit. The wife may appoint such legacy to one of the other children & it will be good. -- But if an Exr has a genl power to distribute a sum of money among children & makes an unreasonable distribution it

Legacies

	will be controul'd in equity.
2.Ver. 153	If one devises £400 a piece to two of his sisters & to his third as much as his Exr shall think fir, the third shall have £400 also if the estate will hold out.
Dyer 177 C.L.112 Prec.in Ch.470 the contra 2. Ver. 105	It seems agreed that if a man devises legacies to all his children & grandchildren that this extends only to those who were in esse at the time the will was made, unless there are future words in the will as To all his children or grandchildren which shou'd be living at his death.
2.Ver.405	If one devise the surplus of his personal estate to the children of A & B & neither of them have a child at the time of making the will or at the death of the testator, the devise shall be executory & the children of each born after shall take per cauita

Legacies

2. Ver. 106	Where there is no child to take Grandchildren may take by the name of children
3.Ch.rep.1.	Where lands are devis'd to younger children a son tho' a younger child by birth if he is heir to a considerable inheritance shall not take by the devise
Ver.35	A man by will devis'd all his goods in such a house to G for life remr to the heirs of J.S. He who was heir of J.S. at the time of his death shall have them.
2.ver.381	A gave legacies of £15 a piece to each of his relations of his father's & mother's side the Ct woud not restrain the devise to those who were within the Statute of distributions.
Prec.in Chy.401	Yet the contrary is the genl rule
Swin.428 Sal.237 pl.16	A devise of all a mans personal estate passes whatever he dies possessd of

Legacies

2.ver. 688	If a man devises to his wife all his personal estate at a place call'd Wall his personal estate which is there at the time of his death passes.
Abr.Eq. 201	But where a man devises all his goods chattels , household stuff , furniture & other things at W ready money passes not for the words other things can only intend things of the like nature with those enumerated
Swin. 524	If the testator being constraind by necessity, as for the payment of his debts, supplying himself or his family with food &c. alienate the thing bequeath'd this is no ademption of the legacy & therefor is the Exr bound to redeem the same or to pay the just value to the legatary.
	If a legary be given to one person & after the same thing in the same will or in a codicil is given to another this

Legacies

Swin. 528, 529	is no ademption of the legacy given to the first person unless it appeard to be the testator's intention, but they shall divide the legacy between them
Ray.335	If A give to B £500 due to him from C as by bond appears, & after receive the money this is no ademption of the legacy
Abr.Eq. 302. n 2. Ver.681 Abr.Eq.302.	A distinction has been taken between a voluntary & a compulsory payment but this distinction is now overruled.
Swin. 530	If A give to B 100 & in the same will another £ 700 witht taking notice of the first the second disposition is understood to be but a repetition of the first.
2. Ver.115 Pree.ch. 206 3 Ver.95	If A by will devises 200 to his daughter & afterwards on her marriage gives her more than that sum this shall be an extinguishment of the legacy

Legacies

Abr.Eq.203 Sal.155 pl.5 2.Ver.177 Prec.Ch.240 Sa.1.508 Prec.Ch.295 2.Ver.478 Trin. 1729 Crompton ver.Sale	It has been establishd as law that where ever a Person gives a legacy as great or greater than the debt he owes the Legatee, such legacy shall be a satisfaction of the debt. But if the legacy be less than the sum due, payable on a contingency or future day, on these & the like circumstances it will be construed an additional bounty & not a satisfaction. And in all these cases the intention of the party ought to be the rule
Abr.Eq. 296	If the legatee dies in the life time of the testator the legacy is lapsed.
Do 2.Ver.496 Prec. Ch. 200	Where a person in the execution of a trust nominates those who are to receive a legacy given in a former will survives the nominees yet is not the legacy lapsed.
2. Ver. 116	A difference taken where there is a devise of money & quaere

Legacies

Abr.eq. 243 Prec.Ch. 470-1 2.Ver.207 Ver.425 Abr.eq.298	Where the legatee dies in the life time of the testator & there is a limitation over the limitation is good.
Dyer 59 Swin. 311 Off.Exr.347 2 Vent.342	If a legacy be devis 1d to one generally to be paid or payable at the age of 21 this is a vested legacy & tho he dies before he attains that age yet shall it go to his Exr
2 Ch.Ca.155 2 Sal.415 pl.2 Ver.462 Pr.Ch.21 Ab.eq.294 Bus.rep.227 Atk.rec.504	But if a legacy be devis'd one at 21 so as the legacy time be annex'd to the legacy itself & the legatee dies before he attainsthat age the legacy is lapsed
Pasch. 7 Annae Strick ver Hudson canc.	But if legacies are given to children and if any of them die their legacies to survive there shall be no survivorship after 21 or marriage tho' the words be general.
2.Ver.673	But if the time be annex'd to the legacy if interest be devised in the mean time tis a vested legacy & shall not lapse If a legacy be given on condition not to

Legacies

2.Ver. 91	dispute a will & the legatee commences a writ whereby he disputes the validity of the will yet it is no forfeiture of the legacy provided there was probabiles causa litigandi
Swin. 266	All conditions in restraint of Marriage are to be considerd strictly
G.O.L.45 Swin 266 Ver.20 Str.214	A devise upon condition not to marry or not to marry a person of such a profession or calling is void unless it be in the case of a husband devising to his wife, whether there be a limitation over or not
2 Ch.ca.22 Vent.199 Ver.20 Atk.rep.502 Prec. ch. 565	A condition which retrains marriage as to time place or person is good. The prevailing distinction in the Cts of eqy is between such conditions as bind the legatee & such as are in terrorem only. If a legacy be given to a person on condition that he or she marry with the consent of A this is in terrorum only but if there be a limitation over this is binding.

Legacies

Ch.58 2 Ver. 573	If the person who is to give or refuse his assent derives an advantage from it the condition is in terrorem
Vent.199 Ch.138 Gil.eq rep.26 Wil.rep 284 Cr. 583 Ver.580	Where there is a limitation over if the parties who were to assent to the marriage declare their dissent but afterwards assent thereto this subsequent assent cannot devest the estate which dissent had vested in the person to whom it was limited.
2 Ch.Ca 25 Ver.31 2 Salk 416.pl.3	Where a tacit consent is sufficient A specific legatee is not to abate in proportion , in case of a deficiency of assets as pecuniary legatees must do, Cr.El. 467
Abr.eq.298	If a man devise his personal estate at W. this is a specific legacy
2 Ver.688 Prec. Ch. 392, 393	But if a man devises his personal estate at A & his personal estate at B & then devises a legacy to be paid out of his personal estate & has no other but at A & B, the legacy must be paid out of his specific legacies.
Do	If a specific legacy be seised in execution the legatee shall have recompence in

Legacies

	equity agt the Exrs or residuary legatee
Ver.31	If a man devise sevl legacies as 100£ to one and £50 to another tho' he directs the £100 legacy to be paid in the first place yet if the other legacies fall short the legatee of the £100 must make a proportionable abatement.
2.Ver.434	So if a legacy be given to Exrs for care & pains
Ver.94 2.Vent.358 2.ver.205 Ch.Ca.136	Creditors may compel legatees in eqy to refund. And a creditor may follow the assets in eqy into whose hands soever they come. Also one legatee may compel another to refund
Palm. 409	If there be a residuary legatee & the Exr omits part of the testators effects out of the inventory or undervalues those which he puts in the residuary legatee may file a bill of discovery against him before he has paid the testators debts
Abr.Eq.	Equity will not in favor of the residuary legatee compel the Exr to plead the Stat. of limitations.

Legacies

Pr.Ch. 228 2.Ver.21	An Exr in the payment of a legacy shoud be careful that he takes a proper receipt
Ch.Ca. 245 Abr.eq. 300	Witht a decree or order of ll a ct of eqy a legacy cannot be paid to the father or other relation of an infant
2.Ver.261	If a legacy be given to a feme covert it must be paid to her husband tho' she lives separate from him, & tho they be divorced a mensa et thoro
2.Ver. 659	But a person wy by deed or will give any thing in trust for the seperate use of a feme covert & this shall be out of the power of her husband
G.O.L.272 2. Sal. 415. pl. 2	It is a rule in chy that Exrs have a years time to pay legacies.
2.Ver.31 299, 300 Abr. eq. 299	If a legatee dies before the legacy becomes payable his Admr &c must wait till the legacy woud have been payable to his testator.
2. Sal.415, pl.2 Ver.251	If a legacy be devis 1d generally it is regularly to carry interest from the first year after the death of the testator

Legacies

	unless the legatee is of full age & neglects to demand it.
	A legatee cannot take his legacy witht the Exrs assent. If one is himself both Exr & devisee & he enters witht demonstration of election he shall be in as Exr.
	An Exr may assent before probate of the will

Charles Marshall Charles Marshall, esquire Thomas Marshall Colo Thomas Marshall Colo Thomas Marshall Kentucky District Colo Thomas Kentucky District