thereunto belonging, commonly
called or known by the name of
Cefn Coch, situate &c. and also
eight fields" (stating their names)

66

parts and parcels of the demesne
lands of Cefn Coch, together with
all and singular houses, lands, &c.
&c., hereditaments and appurte-
nances whatsoever to the said
capital messuage, tenement, lands,
hereditaments and premises apper-
taining, &c. or therewith set, let,
&c." The Cefn Coch estate con-
sisted of the mansion house with
the above eight fields, and also of
five other fields, containing about
thirty-four acres, the property in
dispute, as well as of a corn grist
mill, called in a previous settlement
of 1739," Melin y Cefn Coch, with
the lands thereto belonging," and
a fulling mill. Melin y Cefn Coch
was surrounded on three sides by
the five fields in question, but the
lands originally thereto belonging
were only eleven acres. The whole
Cefn Coch estate was cultivated by
Thomas M. as tenant to William M.
for many years before and after
1816, and new purchases of conti-
guous land made from time to time
by William M. were also cultivated
by Thomas M.

In 1824, Thomas M. suffered a reco-
very of premises described in the
recovery deed as "all that water
corn mill with the appurtenances
called Melin y Cefn Coch, and the
lands, &c. belonging thereto, called
or known by the name of Tyddyn y
Felin Cefn Coch," (i. e. the house of
the mill of Cefn Coch,) and of the
fulling mill and "all those five
fields, closes or parcels of land or
ground, part of Tyddyn, &c. afore-
said, situate &c. containing by es-
timation thirty-four acres or there-
about." In 1819, at the death of
William M., Thomas M. entered
the rest of the premises, except the
mansion house of Cefn Coch and

Where in dower unde nihil habet it
was suggested on the record by
demandant, that her husband died
seised of the tenements out of
which she claimed her dower, but
the jury only found that the hus-
band had during his intermarriage
been seised thereof in fee :-Held,
in an action on a bond of indem-
nity, which the obligee (the tenant
in the action of dower) might sus-
tain by legal ouster from any part
of the tenements, that damages and
costs paid by him to the demandant
could not be recovered on such bond.
Semble, if a plea of tender in dower
does not contain an averment that
from the death of the husband, the
tenant had always been ready and
willing to render dower to de-
mandant, she would not be deprived
of her right to recover damages

under stat. Merton, though she
confessed the plea. Jones V. Jones,
T. 1832.
531
In February 1816, a marriage was
had between two minors by licence,
and without consent of parents.
After cohabiting till June 1816,
the owner of the house where they
lodged, compelled the husband to
leave it for his misconduct. The
husband never lived with his wife
after, and died in October 1817.
Shortly after they separated he on
several occasions declared he never
would live with her again, giving
as one reason, that she was not
his lawful wife. Some evidence
was given that after the separation
she had received small sums, which
were ultimately allowed out of the
rent of the husband's lands, but
whether by his directions or not, did
not distinctly appear :-Held, that
these persons did not live together
as man and wife till the man's
death, so as to make the marriage
valid within the retrospective effect
of 3 G. 4. c. 75. s. 2. Poole v.
Poole and others, M. 1831. 76
On the husband's death his devisees
entered on his lands, and con-
tinued in possession till 3 G. 4. c.
75, passed, and for five years after,
without claim of dower by the wife.
Semble, had the marriage been
rendered valid by s. 2, their pos-
session would have been protected
by 3 G. 4. c. 75. s. 6.

EJECTMENT.

ib.

When an elegit creditor brings eject-
ment against a debtor, whose prima
facie title to the whole property
sought to be recovered is proved,
it is incumbent on other parties in
possession as under-tenants, or
otherwise, to show their better
title, (e. g. by tenancy anterior to
the judgment, or the like,) or the
elegit creditor must recover. Doe
d. Evans and another, v. Owen and
others, M. 1831.
149
Service of declaration in ejectment
on the wife who merely admits the
receipt. Doe d. Briggs v. Roe, H.
1832.
Service of declaration in ejectment
on persons not named therein as
tenants in possession. Doe v. Roe,
H. 1832.

211

280

Lease by mortgagee and executrix
of mortgagor. Mortgagee demis-
ed, and the executrix of mortga-
gor demised and confirmed:
Held, that it operated as the de-
mise of mortgagee, and the con-
firmation of the executrix of the
mortgagor; and that a re-entry
under a power reserved for that
purpose "to them or either of
them," enured to revest the former
estate, and to give the legal estate
to the mortgagee. Accordingly a
count in ejectment for a forfeiture,
laying the demise in the two joint-
ly, was held not sustainable. Doe
d. Barney and others v. Adams, H.

trust to permit and suffer B., the
widow of testator, to have, take,
and receive the rents during her
life or widowhood, and on her
death, or re-marriage, in trust to
sell and divide the produce be-
tween C. and D. testator's sons.
A. the trustee, B. the widow, and
C. the son, join in a lease to D.
for the residue of the term, he
rendering rent to B. and C., with
power of re-entry to A., B., and
C., the survivor of them, and the
executors of the survivor. The
widow B. survived 4:-Held,
that the legal estate in the lease-
hold vested in A. only, and there-
fore that the power of re-entry
reserved to B. could not be exer-
cised by her. Doe d. Barker v.
Goldsmith, T. 1832.
710

ELECTION OF M.P.

Where the committee of a candidate
at an election, opened a public
house for voters in his interests,
and some supporters of his sub-
sequently gave orders there, on
their own credit, for refreshments
to be supplied as well to certain
voters for him, as to others who
had no votes :-Held, that the
case did not come within the
treating act, 7 & 8 W. 3. c. 4.
which provides against acts of
treating done by the candidate, or
some person acting for him and
on his behalf, viz. by his desire or
with his privity, in order to be
elected. Hughes v. Marshall and
others, M. 1831.
Giving refreshments to voters in
order to procure an election is an
offence at common law as bribery,
and the party supplying them can-

not recover.

184

ib.

Semble, moderate and necessary_re-
freshment may be furnished to
voters coming from a distance. ib.

EVIDENCE.
(Declarations of Auctioneers, see
AUCTION.)

Depositions taken before commis-
sioners of bankrupt are conclusive
evidence of the bankruptcy under
6 Geo. 4. c. 16. s. 92. though the
conversion for which the assignees
proceed shall have taken place
after the act of bankruptcy; for
the bankrupt might have sustained
an action up to the time of issuing
a commission, and if after that
event the assignees should recover,
payments to them by the defend-
ant would be protected by s. 94,
in case the commission should be