3. As to the admission of a new plea and proofs. 4. Not on a different conclusion of fact. 1. Application for a Commission of review to rehear a sen- VIII. 438 4. A different conclusion of fact upon the evidence not a sufficient ground for the extraordinary relief of a commission of review. See Will 139. 143. 176. 211. COMMISSION TO DISTINGUISH LANDS. COMMISSION TO EXAMINE ABROAD. See Evidence 60. Practice 188. 219. 1. Not as agents. COMMISSIONERS. 1. Commissioners not to consider themselves agents for the parties by whom they are nominated. COMMISSIONERS OF BANKRUPT. See Bankrupt. Evidence 61. COMMISSIONERS OF SEWERS. COMMISSIONERS UNDER INCLOSING ACT. See Jurisdiction 3. VIII. 466 VIII. 471 XI. 160 COMMITMENT. 1. For supposed contempt in bankruptcy discharged: not subsequent detainers. 2. Party heard only on petition. 3. Not on foreign affidavit. 1. Discharge from a commitment for a supposed contempt 3. No commitment on a foreign affidavit; as perjury cannot Vol. Page X. 328 XVI. 259 XIX. 652 See Bankrupt (Messenger 2.) Practice 37. 317. Receiver 19. See Construction 8. Contract 41. 98. (Specific Per- tice 28. COMPETENCE. See Evidence (Interest 3. 4.) COMPOSITION. 1. Private agreement for additional security void. 2. Acts binding, as if signed. 3. Private agreement for more or better security, void. 1. Upon a composition a private agreement by some creditors for additional security, though for no greater sum, void. Ex parte Sadler. 2. Creditors bound by acting under a composition; as if they had signed. Ex parte Sadler. XV. 52 XV. 52 3. Ground of holding any private agreement by parties to a composition for a greater payment, or better security, void a fraud both upon the debtor and the other creditors. See Bankrupt. Debtor and Creditor. Fraud 20. 39. 40. COMPOUNDING. See Felony 2. Pleading 46. (Demurrer 24.) COMPOUND INTEREST. Vol. Page XV. 55 5. 6. Against signing an agreement to sell, &c. broken by 7. Conditional limitation over established on failure of the 8. Not enforced by enlarging forfeiture on election. 11. Precedent, within six months after decease, held ex- 12. Subsequent, not preventing payment. 13. Relief against breach by act of trustee, whether at law? 14. Construction the same in law and equity: but distinction between performance and relief. 1. Words of restraint, unless there is a provision for the consequence of violation, operate only as a recommendation. 2. A condition, inconsistent with the gift, is void; therefore upon a bequest to A. for life; and after his death to his heirs, executors, &c. but if he attempts to dispose of the principal, over, he takes the absolute interest; and the condition, being inconsistent with it, is void. Bradley v. Peixoto. I. 483 III. 324 III. 325 3. Condition, that tenant in fee shall not alien, or that te- IV. 60 5. Promissory note to pay, when the circumstances of the drawer will admit without detriment to himself or family, creates no debt. Ex parte Tootell. 6. Bequest of an annuity, with condition to fall into the re- 7. Conditional limitation over, if the first devisee should re- 9. Legacy to A. to be paid to her as soon as she shall attain 10. Legacy in trust to pay the interest to the separate use of A. for life; and, after her decease, as to the capital for her children: if no child, to pay the interest to her husband during his life; and from and after his decease, in case he shall become entitled to such interest, then to pay the principal to other persons. Though the husband, having died during his wife's life, never became entitled to the interest, the limitation over was established; as distinguished from the case of express condition. Pearsall v. Simpson. 11. Bequest of residue, in trust, in case A. shall within six calendar months after the testator's decease give security not to marry B. then, and not otherwise, to pay to the children of A.; with a proviso to go over, if she shall refuse or neglect to give such security. A condition precedent. The six months are exclusive of the day of the testator's death; therefore, as he died on the 12th of January, between eight and nine in the evening, a security given on the 12th of July, about nine in the evening, was held sufficient. Lester v. Garland. Vol. Page IV. 372 XIII. 404 XIV. 341 XIV. 383 XIV. 389 XV. 29 XV. 248 12. Legacy, on condition to be void in case the legatee should succeed in the event of the death of A. without heirs of her body; payment decreed in the life of A. and without security. Fawkes v. Gray. 13. Relief against breach of condition, arising not from the fault or negligence of the party, but the act of the trustees: whether at law, quære. 14. Though there can be but one true legal construction of a condition, a Court of Law cannot hold a condition to be performed in all circumstances, in which a Court of Equity will relieve against the non-performance. 1. Purchase and re-purchase of a legacy expectant on a death: the whole transaction set aside for fraud; and not confirmed by a subsequent bond, and payment of interest for four years; because given under an idea, that obligor was bound by the former transaction: all the deeds set aside; and account decreed. Crowe v. Ballard. 2. Bond given at full age, and not in distress, but under a See Attorney and Solicitor (Attorney and Client 12.) CONFISCATION. See Creditor 2. CONFUSION OF PROPERTY. 1. The wilful act of one, the other takes the whole. 1. Case by the old law of a wilful mixture by owner of corn or flour with that of another: the value being unequal, and therefore not to be distinguished, the other took the whole. CONSANGUINITY. See Evidence (Pedigree 5.) Vol. Page XVIII. 131 XIX. 17 XIX. 22 I. 215 I. 220 XII. 373 XV. 442 |