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-
tence of the Prerogative Court upon a will affirmed by
the Delegates, referred to the Lord Chancellor; who
certified against granting the Commission; on the
ground, that the case did not furnish any such doubt
with reference to the facts, or to important points of
law, as made it expedient to grant the Commission;
which is prayed of the grace and benignity of the
Crown, regulated by sound discretion; usually with-
holding it upon grounds of public expediency, unless
there are very cogent reasons for believing, that the
sentence is founded on error in fact or in law; or, unless
the doctrines of law, on which it is supposed to be
founded, are so questionable and important as to make
it clearly fit, that they should be considered in the most
solemn manner. Eagleton and Coventry v. Kingston.
2. Grounds of granting a Commission of review.
3. Whether a Commission of review can be granted with a
clause, admitting a new plea and new proofs, quære.
At least the memorial ought to contain allegations, and
a special prayer.

VIII. 438
VIII. 465

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.
See Charity 26. Copyhold 5.

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.
See 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
in bankruptcy; which failed with the proceeding on
which it was founded. Subsequent detainers stand;
according to the practice at law. Ex parte Dumbell.
2. The parties under commitment cannot be heard except
on petition. Nicholson v. Squire.

3. No commitment on a foreign affidavit; as perjury cannot
be assigned. Musgrave v. Medex.

Vol. Page

X. 328

XVI. 259

XIX. 652

See Bankrupt (Messenger 2.) Practice 37. 317. Receiver 19.
Ward of Court.

See Construction 8. Contract 41. 98. (Specific Per-
formance 23. 24. 47. 53. 84.) Election 34. 38. Prac-

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
taking the benefit of an Insolvent Act.

7. Conditional limitation over established on failure of the
first devisee.

8. Not enforced by enlarging forfeiture on election.

11.

Precedent, within six months after decease, held ex-
clusive.

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-
nant in tail shall not suffer a recovery, is void.
4. Devise on condition of paying £500 in six months, upon
trust to pay the interest to the devisor's wife for life;
and after her death the principal according to her ap-
pointment in writing, with witnesses, whether sole or
married, provided she shall release her dower within
six months; and in case of her marriage without con-
sent of the trustees one moiety to go over: the wife,
who took other interests under the will, died within
the six months, not having married, nor released dower.
The £500 did not vest in her. Croft v. Slee.

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-
sidue upon signing an instrument, agreeing to sell,
assign, charge, or dispose of, or empower any person
to receive, &c. in the most comprehensive terms.
condition broken by taking the benefit of an Insolvent
Act. Shee v. Hale.

7. Conditional limitation over, if the first devisee should re-
fuse or neglect to comply with the condition: viz.
within six months after the testatrix's death to release
all demands upon her as executrix of A. or otherwise,
established: the failure arising from the act of the first
devisee, as heir at law, contesting the will; and the
union of the character of executrix with that of devisee
over is no objection. Simpson v. Vickers.
8. Condition in a will not enforced by enlarging upon the
doctrine of election a forfeiture expressed.

9. Legacy to A. to be paid to her as soon as she shall attain
twenty-one, and in case she shall live to that age, and
not otherwise; or upon her marriage with consent of
the executors, and not otherwise: but in case she shall
die, before she shall have attained twenty-one, or be
married with such consent, over.
A condition prece-
dent; and by her marriage under age without consent,
one executor being dead, and the other resident abroad,
reduced to the single contingency of her attaining
twenty-one. Knight v. Cameron.

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
notion of honour, will, if attended with money actually
advanced, maintain a former bargain however disadvan-
tageous: but it is no confirmation, wherever it is not
given freely, as if under distress, or terror, or appre-
hension from the original transaction, though unfounded.
3. Nature and effect of confirmation: clear evidence neces-
sary; if fraud has been clearly established.

See Attorney and Solicitor (Attorney and Client 12.)
Name 4. Fraud 41. Trust 105.

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