refused to grant a new trial. Davenport v. Carter. Page 317

5. An assessment for church and highway rates is a debt, and the assessor a creditor, under the bankrupt laws. Lloyd v. Heathcote.

388

6. If a trader gives a general order to be denied to all comers, this is sufficient evidence of a beginning to keep house with intention to delay creditors. Ibid.

A beginning to keep house with such intention, constitutes an act of bankruptcy, though no creditor is actually delayed. Ibid. 8. Where the mortgaged estate of a bankrupt is sold under the order in Chancery of 8th March, 1794, at the request of the mortgagee, and the mortgagee is the purchaser at the sale, he is liable, in an action for money paid, to reimburse the solicitor under the commission

BILL OF EXCHANGE.

And see EVIDENCE, 20.

If a bill of exchange be accepted, payable at a particular place, the declaration in an action on such bill against the acceptor, must aver presentment at that place, and the averment must be proved. Rowe v. Young. 165

BILL OF LADING. Under a bil. of lading, by which goods were to be delivered "to J. A., nett proceeds paid to H. T., as per advice, or to his assigns, he

CHARTER-PARTY.

By charter-party between Defendant, owner of a ship, and G. L. Defendant granted and to freight let, and G. L. took and to freight hired the ship for the voyage. Defendant covenanted that the master should receive on board at London, goods to be sent alongside by G. L., and deliver them from alongside at Newfoundland, according to bills of lading, there receive, and deliver at Demerara other goods, in like manner; and there, in like manner, receive other goods, and deliver them in the London dock, according to bills of lading; and that the ship's boats should assist in loading and unloading, so as the exclusive duties and operations of the ship should not be thereby impeded. In consideration whereof, G. L. covenanted to send and take from alongside goods, and to pay for the freight and hire of the ship for the voyage 2600l., with primage, &c., one quarter part thereof on delivery of goods at Newfoundland, by good bills at 60 days' sight on London, and the remainder by good bills at two months' date from the

day

when he attained 21; and if M. W. should have more than one younger child, to raise out of the rents 3000l., and pay the same among such younger children, share and share alike, when they should severally attain 21; and, upon further trust, to apply a proper sum out of the rents, for the education and maintenance of J. R. M. W. till he should attain 21, and then to pay him the residue of them, if any should remain after performance of the before-mentioned trusts; and if J. R. M. W. should die before 21, then to apply a sufficient sum from the rents for the education and maintenance of H. W. till he should attain 21, and then to pay him the residue of the rents, if any should remain after performance of the before-mentioned trusts, and in the mean time to place out at interest, for the benefit of his nephews, the money arising from the said rents; and when J. R. M. W. should attain 21, or, in case of his death, when H. W. should attain 21, or, in case of his death, when the daughter of M. W. should attain 21, to the use of J. W. and his assigns, for life, sans waste; remainder to trustees, to preserve contingent remainders: and after the death of J. R. M. W., to the use of the first, second, third, and all and other son every and sons of the body of J. R. M. W. lawfully issuing, severally, successively, and in remainder, according to priority of birth, and of the several and respective heirs male of

his and their respective body and bodies lawfully issuing, the elder always to take before the younger,

and the heirs male of his and their body and bodies issuing; and in default of such issue, to the first, second, and third, and all and every other daughter and daughters of the body of J. R. M. W. lawfully issuing, severally and successively, according to priority of birth, and of the heirs male of the respective body and bodies of such first and other daughters lawfully issuing, the elder of such daughter and daughters, and the heirs male of her and their body and bodies, always to take before the younger of them, and the heirs male of her and their body and bodies issuing; and for default of such issue, to the use of H. W. and his assigns, for life, sans waste; remainder to trustees, to preserve contingent uses and estates, and then to the use of his sons and daughters, in like manner as to the sons and daughters of J. W.; and for default of such issue, to the use of his niece, the daughter of M. W., and her assigns, for life, sans waste, and then to the use of her sons and daughters, in like manner as to the sons and daughters of J. R. M. W. and H. W.; and for default of such issue, to the use of M. W., in fee: Provided that whoever became possessed of the lands should take devisor's name, and live in his house, otherwise the devise to be void as to the person refusing; his plate and furniture

to

to remain in the house as heirlooms. T. M. died, leaving his sister, M. W., her sons, J. R. M.W., H. W., and three younger children, alive. J. R. M. W. married, and died under age, leaving a daughter, M. E. M. W.

Held, that on the death of J.R.M.W., M.E. M. W. became entitled to the lands devised, as tenant in tail male, subject to the annuities, &c.; that the heir looms, being personalty, vested in her at the same time, and that she was entitled to the possession of them; and, that the personal representative of J. R. M. W. was entitled to the savings of the rents and profits of the estates accrued in the lifetime of J. R. M. W., subject to the annuities, &c. Warter v. Warter. Page 349 3. Devise to three trustees of all his freehold, leasehold, and copyhold estates, and all his personal estate, in trust, to pay legacies and annuities (the annuities to be paid out of his 3 per cent. stock), and all the rents, issues, profits, dividends, interest, profits, and produce of the residue of his estate and effects, to his three nieces, E. M., M. M., and C. M., share and share alike, for the term of their respective lives; and after the decease of them, or either of them, that the lawful issue of them, and each of them, should have his or her mother's share of such rents, &c. for life; and if either of the nieces should die in the lifetime of the other, without issue, the share of her so dying should

be divided equally between the survivors of the nieces for their respective lives, and afterwards by the issue of the survivors of the nieces; and if all the nieces save one should die without issue, such one should have the whole for her life; and, after her decease, the issue of such niece, if more than one, should enjoy the whole, share and share alike; if but one, should enjoy the whole alone; such parts as were freehold to them, if more than one, their heirs and assigns, as tenants in common, and not as joint tenants; if but to him or her, his or her heirs and assigns. If all the nieces should die without issue, the whole to go to devisor's next male heir of the name of M., his heirs and executors. M. M. married G. B., who died leaving M. M. and one son. C. M. married, but had no issue. Two of the trustees died. A large surplus of personal estate remained, after paying debts, legacies, and annuities. Held,

1st, That the surviving trustee had the legal estates in the freehold tenements devised.

2dly, That the nieces took no legal estate in the freehold tene

ments.

3dly, That the son of G.B. took no legal estate in those tenements, and would take none if he survived the three nieces.

4thly, That if the will had commenced with the words, "all the rents, &c." and the passage before these words had been omitted, the three nieces would respectively

have taken under the will, in the said freehold tenements, estates for life; with cross-remainders between them for life, in the event of one or two of them dying without lawful issue.

5thly, That the said G. B. would now have an estate in tail in remainder in his mother's one undivided third part of the said freehold tenements, subject to be divested in part by the birth of other children of his mother, whether sons or daughters; and that he would have an estate in tail in the whole of the said freehold tenements, in the event of his being the only issue of the three nieces living at the death of the survivor of them, no other issue having been born. Murthwaite v. Barnard. Page 623 4. Devise of land to devisor's granddaughter, A. M., for life; remainder to trustees, during the life of A. M., to support contingent remainders; remainder to all and every the children in tail, with cross-remainders between them in tail; and, in default of issue of all and every the children of the grand-daughter, to devisor's daughter, B. C. M., for life; remainder to such one or more of the children of B. C. M. as B. C. M., by deed or will attested by three witnesses, should appoint for their lives; remainder to all and every the child and children of such daughter or daughters, to be appointed by B. C. M., as aforesaid; and if only VOL. II.

one should be appointed, to her and the heirs of her body; and if more than one should be appointed, all of them to take their mother's shares, per stirpes, as tenants in common, and not as joint-tenants; with cross-remainders between them, the children of such daughters, as to their mother's shares in tail; and on failure of such issue of any one or more of such daughters, with cross-remainders to the others of their issue; and, in default of appointment, and of any appointment not exhausting the whole fee, the land, or so much as should not be exhausted by appointment, to B. C. M. for life; remainder to all her daughters for their lives, with cross-remainders for life between them; remainder, during the lives of the daughters of B. C. M. and the survivor, to support contingent remainders; and, for default of issue of any or either of the daughters of B. C. M., to B. C. M. and her heirs.

A. M. died, sole and intestate, leaving B. C. M. her heir at law, and heir at law of devisor. B. C.M. has nine daughters, many of whom are married and have issue: Held,

1st. That B. C. M. has in the lands an estate for life, with an ultimate reversion to herself in fee.

2dly. That, in default of appointment, the daughters now living of B. C. M. have, respectively, in the lands estates for life in remainder, as tenants in common, with crossremainders amongst themselves for 3 D life;

to remain in the house as heirlooms. T. M. died, leaving his sister, M.W., her sons, J. R. M.W., H. W., and three younger children, alive. J. R. M. W. married, and died under age, leaving a daughter, M. E. M. W.

Held, that on the death of J.R.M. W., M.E. M. W. became entitled to the lands devised, as tenant in tail male, subject to the annuities, &c.; that the heir looms, being personalty, vested in her at the same time, and that she was entitled to the possession of them; and, that the personal representative of J. R. M. W. was entitled to the savings of the rents and profits of the estates accrued in the lifetime of J. R. M. W., subject to the annuities, &c. Warter v. Warter. Page 349 3. Devise to three trustees of all his freehold, leasehold, and copyhold estates, and all his personal estate, in trust, to pay legacies and annuities (the annuities to be paid out of his 3 per cent. stock), and all the rents, issues, profits, dividends, interest, profits, and produce of the residue of his estate and effects, to his three nieces, E. M., M. M., and C. M., share and share alike, for the term of their respective lives; and after the decease of them, or either of them, that the lawful issue of them, and each of them, should have his or her mother's share of such rents, &c. for life; and if either of the nieces should die in the lifetime of the other, without issue, the share of her so dying should

be divided equally between the survivors of the nieces for their respective lives, and afterwards by the issue of the survivors of the nieces; and if all the nieces save one should die without issue, such one should have the whole for her life; and, after her decease, the issue of such niece, if more than one, should enjoy the whole, share and share alike; if but one, should enjoy the whole alone; such parts as were freehold to them, if more than one, their heirs and assigns, as tenants in common, and not as joint tenants; if but to him or her, his or her heirs and assigns. If all the nieces should die without issue, the whole to go to devisor's next male heir of the name of M., his heirs and executors. M. M. married G. B., who died leaving M. M. and one son. C. M. married, but had no issue. Two of the trustees died. A large surplus of personal estate remained, after paying debts, legacies, and annuities. Held,

1st, That the surviving trustee had the legal estates in the freehold tenements devised.

2dly, That the nieces took no legal estate in the freehold tene

ments.

3dly, That the son of G. B. took no legal estate in those tenements, and would take none if he survived the three nieces.

4thly, That if the will had commenced with the words, "all the rents, &c." and the passage before these words had been omitted, the three nieces would respectively