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43. If the damages given by a verdict be
reduced by an award, under an order
of nisi prius, which has been made a
rule of Court, the party is entitled to
have the postea delivered to him without
any application to the Court. Grimes
v. Naish, E. 36 Geo. 3. Page 480

PREMIUM,

See INSURANCE, No. 2.

PRISONER,

See INSOLVENT.
PRACTICE, No. 30.

WARRANT of ATTORNEY, No. 1.
1. The Court will discharge a Defendant
out of custody who is in execution at
the suit of a Plaintiff some time since
deceased, on whose part no will has
been proved, nor any administration
granted, and whose family on notice
of a motion for the above purpose de-
clines interfering. Broughton v. Mar-
tin, M. 38 Geo. 3.
176
2. A prisoner after judgment against him,
may, notwithstanding the allowance of
a writ of error, be charged in execu-
tion. Fisher v. M’Namara, T. 38 Geo. 3.
292
3. The Court has no power to discharge
a Defendant out of execution on the
ground of a commission of bankruptcy
having been issued against him by
the Plaintiff. M'Master v. Kell, T.
38 Geo. 3.
302
4. A prisoner in custody on mesne pro-
cess is supersedeable, unless a copy of
the declaration be delivered before the
end of the term after the process is
returnable. Blyth v. Harrison, T.
36 Geo. 3.
535

PRISONER AT WAR,
See ALIEN ENEMY, No. 1.

PRIVILEGE,

See ATTORNEY, No. 1, 2.

PRIZE.

1. If goods, the produce of Spain, pur-
chased for British subjects resident here,
by a neutral agent resident in Spain,

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PROMISES

TO PAY THE DEBTS OF THIRD PERSONS,
See FRAUDS, Statute of.

PROMISSORY NOTE,

See LORDS ACT, No. 1.
BILLS of EXCHANGE.

R

RECOGNIZANCE,

See AMENDMENT, No. 2.
BAIL, No. 17, 18.

RECOVERY,

See COMMON RECOVERY.

REFERENCE,

See Costs, No. 1.

REGISTRY,

See SHIP, No. 1.

RELEASE,

See BOND, No. 2..

payment of the rent in arrear, together
with all costs, though the arrears were
tendered before with costs up to that
time. Hopkins v. Shrole, H. 39 Geo. 3.
Page 382
4. The condition of a replevin bond is not
satisfied by a prosecution of the suit
in the county court, but the plaint,
if removed by re. fa. lo. into a su-
perior court, must be prosecuted there
with effect, and a return made if ad-
judged there. Gwillin v. Holbrook, E.

39 Geo. 3.

RIGHT, WRIT OF,

410

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EXECUTOR and ADMINISTRATOR,
No. 4.

See FRAUDS, Statute of, No. 2.
SHIPS, No. 1.

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2. If A. execute a lease of tithes to B.
on a day subsequent to their severance,
but previous to their being carried
away by the landholder, B. cannot
maintain an action on the 2 & 3 Ed. 6.
c. 13. as the right to the tithe vested
in A. immediately on severance. ib. ib.
3. Qu. Whether if one only of two joint
tenants execute an assignment of a
lease of tithes, the person claiming un-
der that lease can support an action
for not setting them out? Wyburd v.
Tuck, T. 39 G. 3.
458

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See PRACTICE, No. 1, 2. 16, 17, 18. 40.

TROVER,

See BANKRUPTCY, No. 1. 9.

TRUSTEE,

See PLEADING, No. 5. 8.

1. If a person jointly interested with an
infant in a lease, obtain a renewal to
himself only, and the lease prove bene-
ficial, he shall be held to have acted as
trustee, and the infant claim his
may
share of the benefit. Ex parte Grace,
H. 39 Geo. 3.

376

2. But if it do not prove beneficial, he
must take it upon himself. ib.

V

VARIANCE,

See EVIDENCE.

MISNOMER, No. 1, 2, 3.

ib.

1. The Plaintiff, a sailor, declared for
521. 10s. for run-money, and gave in
evidence a note for 521. 10s. for run-
money, with an additional stipulation
Y Y 2
written

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