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PLEADING. (Exception to interrogatories.) A single exception

having been filed to the master's certificate allowing four interrogatories, such exception alleging that the master ought not to have so certified, but ought to have disallowed such interrogatories : Held, that in order to support the exception the whole

four must be shown to be improper. Cotham v. West, Bea. 380. 2. (PleaDiscovery.) In order to protect himself from the dis

covery by plea, a defendant should plead to the discovery as

well as to the relief. King v. Heming, Sim. 59. SEQUESTRATION. (Chose in action.) A chose in action, such

as a rent-charge, is liable to sequestration. Wilson v. Metcalfe,

Bea. 263. 2. (Indemnity to holder of chose in action.) The holder of a chose

in action belonging to the party against whom a sequestration has been issued, is entitled to an indemnity or protection from the court before he can be compelled to pay it over to the sequestrator, the manner in which such protection or indemnity is to be given, varying according to the nature of the case ; and where a sequestration had issued against the owner of a rentcharge, and he threatened to distrain for the arrears, which he had a right to do, the party in possession of the estate, though application had been made to him by the sequestrator, was held justified in paying the owner of the rent-charges, the court observing that the sequestrator should have applied to the court

for an order for payment. Ib. TITLE. (Possession.) In a case where an indemnity only was

to be secured upon the estate in question, held, that long possession without deeds or documents might be sufficient title, but the evidence of possession in this case resting, except as to the last twenty-seven years, on reputation and belief, was held not suffi

cient. Cottrell v. Watkins, Bea. 361. VENDOR AND PURCHASER. (Notice of charge— Debts and

legacies.) Where an estate was devised (without the intervention of a trustee) subject to debts and legacies, and the devisee was also executor of the testator, and he mortgaged the estate with a covenant against all incumbrances, except the legacies

which were specified : Held, that the mortgage was not subject to the debts, (which turned out to be unpaid), but to a charge of a

sum equal in amount to the legacies. Eland v. Eland, Bea. 235. WASTE LAND. (Presumption.) It is presumption of law that

the strip of waste between the high-road and the adjoining inclosures belongs to the owner of such inclosures. Scoones y.

Eorrell, Bea. 251. WILL. (Construction- Description of subject.) An unascertained

residue held to pass under the will of the residuary legatee, by the words “ debts due to me at my decease.” Bainbridge v.

Bainbridge, Sim. 16. 2. (Construction-Securities.) The terms “government or other

good securities,” used by a testator who was resident and died in India, where one of his three executors in trust, who was also his ultimate residuary legatee, resided, construed to mean secu

rities in England. Lowry v. Fulton, Sim. 104. 3. (Construction-Survivorship-Issue.) Testator bequeathed his

residuary estate to his wife for life, and after her death to his son and daughter, and their respective issue, with benefit of survivorship unto nd between his said children, or their issue respectively : Held, that the survivorship was to take place only in the event of death and failure of issue of the son or daughter happening during the lifetime of the widow, and that upon her death the son and daughter were absolutely entitled. Turner v. Capel, Sim. 158.


Selections from 3 Haggard, part 1. APPEAL. (Partial appeal-Inhibition.) An inhibition upon an

appeal by some salvors, held not to preclude other distinct salvors from receiving the proportion awarded to them. H. M. S.

Thetis, 98. BOTTOMRY. (Absence of necessity-Costs.) A bond given to

a stranger without any inquiry on his part, and without any real

or apparent necessity for the advance, which also exceeded the amount advertised for, although some money much less than the amount on the bond was due to the agents and consignees, for which they might have detained the ship, held void, but as there

was no mala fides in the bondholder, without costs. Orelia, 75. 2. (Advances by agent of master.) The owners freighted a ship

to Calcutta, and insured her there and back, and gave the master a letter of credit upon G. and Co., for the purpose of completing a return cargo. The master, contrary to the intention of the owners, and in spite of a positive order to return subsequently received, which it appeared was also known to G. and Co., kept the ship out three years trading between Calcutta and the Mauritius, being assisted in so doing by G. and Co., whom he had appointed ship agents, and from whom he received advances considerably exceeding the amount of his letter of credit. At the end of three years, the ship being at that time chartered to G. and Co. from the Mauritius, the master gave them a bottomry bond to an amount far exceeding the sum necessary to the safe return of the ship home, which was all that was then advanced, and which bond included the freight : Held, that the bond was

void in toto. Reliance, 66. 3. (Bond to consigneesBankruptcy of owner.) Bond given to

consignees, although they were directed by the charterers" to value on the owner for other than trivial payments,” sustained. Quære, How far the bankruptcy of owner, if known at the date

of the bond, affects its validity. St. Catherine, 250. 4. (Commission on unlivery.) Quære, whether a commission on

unlivery and reloading can be properly included in a bottomry bond. Such an item, in the case of a ship in the Baltic trade, was, on a reference to the registrar and merchants, disallowed, and their report confirmed, though the court had in the first in

stance inclined to allow it. Calypso, 162. 5. (Freight.) Where freight had been included in a bottomry

bond, and such freight had, according to the custom of the place (Calcutta), been received by the bondholders : Held, that the amount of the freight was at any rate to be deducted from the

bond, and could not be applied by the bondholders in payment of debts not secured by the bond. But the bond was on other

grounds held void in toto. Reliance, 66. 6. (Subfreight.) 'The subfreight earned from parties who had

shipped goods by leave of the charterers held liable, as against the charterers, to a bottomry bond, given at the port of their residence for advances subsequently to the charterparty. Eliza,

87. 7. (Substituted master- Appointment by underwriters.)

A ship having met with an accident, was made over by the master to A as a security for money advanced by him for the repairs. Subsequently, the owners having abandoned as for a total loss, B, the agent of the underwriters, joined with A in appointing a master, who executes a bottomry bond to A for further sums advanced by him, as the court thought, in contemplation of bottomry: Held, that such bond was valid, and an opinion was intimated by the court that if the master had been appointed by the agent of the underwriters alone, the bond would have been

equally good. Kennersley Castle, 1. 8. (Substituted master-Notice.) A bond, given by the substituted

master to the merchant who had appointed him, was upheld, although the charterparty contained a stipulation that the disbursements for the ship should be made by the charterer's agent, not named, the bondholder, who had seen the charterparty, denying all knowledge of this clause, and it appearing that he was the agent of the charterers, and had not been empowered

to advance money. Rubicon, 9. COLLISION. (6 Geo. 4, c. 125-Foreign ship-International

law.) Semble, that the above act only exonerates from personal liability the owners and masters of ships committing damage by collision while under the charge of a licensed pilot, but this being the case of a foreign ship, the judgment, by which the ship was held liable, was also supported by the court, on the ground that the case was one of international law, to be tried on the principle of reciprocity, by which foreign nations cannot claim the benefit of the municipal laws of this country further

than they allow in similar cases an equal benefit to our subjects. It was also questioned by the court whether a foreign ship is compellable, under the above act, to take a pilot, though it is clear that she must pay for one, and it was observed also that negligence was imputable to the master. (The Neptune the Second, 1 Dods. 467 ; the Carl Johan, noticed in 1 Dods. 290,

more fully stated here.) Girolamo, 169. 2. (Same point.) A foreign ship in charge of a licensed pilot

held liable for damage done by collision, while running down the river with her course free, with a barge beating up. Baron

Holberg, 244 : and see Girolamo, supra. PRACTICE. (Consolidation of actions.) Several actions by a

master, for wages due to him when mate, allowed to be consoli.

dated. Adventure, 153. 2. (Witness.) Where a person who had an action for wages pend

ing similar to the principal one, and which it was agreed should be decided by the result of that, had been examined as a witness in the principal action, a motion that he might be allowed to file answers to the responsive allegation of the master in such action was rejected ; but they were afterwards filed by consent. Pro

tector, 240. SALVAGE. (Amount.) In case of salvage by thirty-two salvors,

with great risk and loss of life to three, of a ship containing government stores, £400 was given on the ship, valued at £1500, and £900 on the government stores, valued at £5000.

Marquis of Huntly, 246. 2. (Amount-Apportionment.) On a value of £4600, £ 1000

given to a fishing smack for meritorious service in towing. And £100 to another smack, who had attempted to assist, and whose service, though useless, had been accepted. Rate of distribution

between owner, master, and crew. Albion, 254. 3. (AmountSteamer.) In cases of salvage of steamers, used for the

conveyance of passengers, the court, in consideration both of the profits thus made, and the number of lives in peril, will exceed the proportion of value usual in other cases.

Ardincaple, 151.

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