NOTICE OF APPEAL. See APPEAL, 1, 2, 3. NOTICE OF BAIL. NOTICE TO QUIT. NOTICE OF RENDER. See BAIL, 3. 248 OVERSEERS & CHURCH- See APPEAL, 2, 3.-POOR.———— An overseer supplying coals to ties of 55 G. 3. c. 137. s. 6. Skinner v. Buckee, 5 G. 4. 628 PARTNERS. See EVIDENCE. PAYING MONEY INTO 1. A formal demand is necessary 181 COSTS, 5.-JUSTICE, 1LIMITATIONS, STATUTE OF. PEERAGE. See ABATEMENT. PENALTIES. PLEDGE. See OVERSEERS AND CHURCH-See COVENANT, 2.-PRINCIPAL See ABATEMENT, 1.- BAIL.- 1. AND AGENT.-TROVER. POOR. See OVERSEERS AND CHURCH WARDENS. If a pauper, who has the means of paying his rent and sustaining himself and family by the sale of his goods, applies to the parish for relief, and the overseers (without fraud on their part) are compelled by an order of Justices to relieve him, he is actually chargeable and removeable if he has not acquired a settlement. Rex v. Ampthill, 5 G. 4. POOR'S RATE. 447 SHIP, 2.-TRESPASS, 1.-VA- See APPEAL, 1, 2, 3.-OVERRIANCE, 1.. Aaron 41 1. After issue joined in assumpsit A on a promissory note, plaintiff being ruled to enter the issue, entered a plea of not guilty, instead of non assumpsit, whereupon defendant signed judgment of non pros; but the Court set it aside without costs. v. Chaundry, 4 & 5 G. 4. 2. Where goods were ordered by one of two chapel-wardens, for the use of the church :-Held, that the warden giving the order might be sued separately, without joining his brother officer. Shaw v. Hislop, 5 G. 4. 3. Replication to a plea of infancy, that the promise to pay was 241 SEERS, 1. poor's rate, without giving a specification of the property for which the party is rated, is bad; therefore, where, under the head "Occupiers," the names only of the parties rated were given, with the rates and assessments opposite their names respectively:-Held, insufficient. Rex v. The Aire and Calder Navigation, 5 G. 4. 253 PORTSMOUTH. POSTPONING TRIAL. See TRIAL. made by defendant after he It is not necessary, in an affidavit came of age, is not sustained by proof of a promise to pay after action commenced. Thornton v. Illingworth, 5 G. 4. 545 to postpone a trial on the absence of material witnesses, to name the witnesses. Buckingham v. Banks, 5 G. 4. 833 PRACTICE. See ABATEMENT. AFFIDAVIT TO HOLD TO BAIL.-APPEAL. --ATTORNEY, 1—3.— BAIL, 1, 2, 3.-BANKRUPT, 1, 3.BOND, 1.-CERTIORARI, 2.COSTS, 2, 3, 4, 5.-COUNSEL.CUSTODY, CHANGE OF.--DAMAGES, 1.-DEBT.-- EJECTMENT, 1, 2, 3, 4.-EVIDENCE, 4. INSOLVENT DEBTOR, 4. -JUSTICE, 1.-NEW TRIAL, ́ 1.— POSTPONING TRIAL.— PROCESS. SHERIFF, 2, 3.TRIAL.- -WARRANT OF ATTORNEY.-WRIT OF ERRor. 1. Executors are bound to give a peremptory undertaking to proceed to trial, in like manner as other plaintiffs, but they are not liable to costs on discharging the rule. Herbert v. Keal, 5 G. 4. 834 2. If a defendant, at the time he is served with the copy of nonbailable process, demands to see the original, and is refused, the service is irregular. Thomas v. Pearce, 5 G. 4. 317 3. Upon essoign declarations the plaintiff cannot sign judgment for want of a plea, until the plea, until the afternoon of the 5th day after the rule to plead is served. Duncan v. Carlton, 5 G. 4. 391 PRINCIPAL AND AGENT. See ANCIENT LIGHTS, 2.-BOND, 1.-FRAUDS, STATUTE OF, 2. -SHIP, 3.-TROVER. 1. An agent cannot sell the goods of his principal without the authority of his principal for that purpose; but an authority circumstances. Dyer v. Pear648 son, 5. G. 4. 2. Where a London agent was employed by his principal in the country to import goods from abroad, and send them to their destination; and by the bill of lading, the goods were deliverable to order or assigns, and indorsed in blank by the shipper, and the agent after being allowed to retain possession of the bill of lading for five months, sold the goods without any authority for that purpose: -Held, that it was a question for the jury, whether the principal had not by his conduct enabled his agent to hold himself out to the world as a person having authority to sell, and thereby convey a title to the vendee. Id. 648 PRISONER. See RULES OF PRISON. PROCEDENDO. See CERTIORAKI, 3. Where a plaintiff, in an inferior jurisdiction, brought an action for 8l. 17s. 3d., but laid his damages in the declaration at 201., and the defendant after interlocutory judgment signed against him removed the cause into this Court by habeas corpus cum causâ, without entering into the recognizances required by the 19 G. 3. c. 70. s. 6, the Court refused a procedendo. Attenborough v. Hardy, 5 G. 4. PROCESS. 362 to sell may be implied from 1. By the practice of this Court a defendant served with a copy RATE. of non-bailable process by ori-See DUTIES.-HUNDRED, 1 ginal, has eight days from the quarto die post, or appearance day after return of the process, POOR'S RATE, 1. RECOGNIZANCE. to enter an appearance. Hunter See CERTIORARI, 1, 3.-PROCEv. Simpson, 5 G. 4. 713 2. The affidavit to set aside the service of process in a wrong county, must in terms state that the place of service is not on the confines of the county into which the process originally issued. Storer v. Rayson. 5 G. 4. PROHIBITION. 739 Monition does not lie for recovering a curate's salary assigned to him by the bishop without the consent of a rector who resides on his benefice, and is capable of discharging his duties gene-| rally, but wants the assistance of a curate. The King v. The Bishop of Peterborough, 5 G. 4. PROMISSORY NOTE. DENDO. RECORD. See CONVICTION, 5.-INFERIOR JURISDICTION.-VARIANCE. REGISTER. See SHIP, 1, 2. RELEASE. SeeACTION.-BARON AND FEME. 720 See RELIÉF. See POOR. REMITTITUR. See DUTIES. REMOVAL. POOR.-SETTLEMENT BY TENEMENT. RENDER. See BAIL, 3. RENT. See EJECTMENT, 1, 2.-LANDLORD AND TENANT.-POOr. -SETTLEMENT BY ESTATE, 1. SETTLEMENT BY TENEMENT. RESIDENCE. See MANDAMUS. ROOKERY. See DISTURBANCE. RULES OF COURT. See AFFIDAVIT AND SPECIAL JURIES, p. 836. SESSIONS. APPEAL, 1.-SETTLEMENT BY APPRENTICESHIP.-SETTLEMENT BY ORDER UNAPPEALED FROM.-SETTLEMENT BY TENEMENT, 2. RULES OF PRISON. A defendant convicted of a mis-See demeanor, and adjudged by this Court to pay a fine to the king, and to be imprisoned in the custody of the marshal for a term certain, and to remain in custody after the expiration of his imprisonment until the fine SETTLEMENT, By Apprenticeship. should be paid, was, after the 1. Where an apprentice served his expiration of his defined term of imprisonment, and before the fine was paid, admitted to the rules for a term limited, in consequence of the dangerous state of his health. Rex v. Bennett, 5 G. 4. RUSSIA. See AVERAGE. SALE. 832 master for six years and nine months in the parish of I. under indentures which expired at Midsummer-day, and then went into the parish of D. and hired himself for a month to another master at weekly wages, to which service the first master gave consent; and at the end of that month, the pauper entered into a fresh agreement with the second master at the like wages, and continued to serve under that agreement until the 7th June, when he was called out to serve in the local militia, which he did for a fortnight, and returned to his second master on the 21st June, and made a new agreement to serve him as before at sixpence a day, and while in that service he slept from the 21st to the 24th of June, inclusive, in the parish of I.:-Held, that whether the service with the second master during the remainder of the term was with the consent of the first, or not, still, the pauper's sleeping for the last three nights in I. settled him in that parish, though the first master did not know of his sleeping there. Rex v. The Inhabitants of Iddesleigh, 5 G. 4. 332 215 2. Where in the absence of the usual proof in support of a settlement by apprenticeship, it appeared that the pauper, |