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SCOTCH AFFIDAVIT.

See Bankrupt 26. 27.

See Evidence 57.

SCOTLAND.

Charity 67. 82. Legacy 53. Mar

riage 4. Ne exeat Regno 25. Perpetuity 5. Practice,

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SEPARATE AND JOINT COMMISSION.
See Bankrupt 15. (Certificate 21.) (Partner 13. 19.)

SEPARATE AND JOINT CREDITORS.
See Assets 41. Bankrupt 5. 6. 28. 55. (Assignee 30. 34.)
(Election 9.) (Proof 20.) Creditor. Partner 25.
Set-off 1.

SEPARATE ESTATE.

See Baron and Feme.

SEPARATE EXECUTION.
See Execution 3.

SEPARATE MAINTENANCE.
See Baron and Feme (Alimony 2.)

SEPARATE PROPERTY.
See Baron and Feme.

SEPARATE REPORT.
See Practice 10.

SEPARATION.

See Baron and Feme (Separate Maintenance 1. 2. 3.)

SEQUESTRATION.

1. On mesne process: whether a sale farther than to pay

the expenses.

2. On mesne process application of profits: sale refused. 3. Discharged by appointment of a Receiver.

4. Perishable commodities, &c. sold.

5. Mortgagee examined pro interesse suo.

6. Contempt to disturb possession under it. Right of judgment creditor.

Vol. Page

1. Quære, whether there can be any sale of goods, taken under a Sequestration upon mesne process, farther than Hales v. Shafioe.

to

expenses.

pay the 2. Bill for an account taken pro confesso against surviving executor and devisee in trust; and leasehold estates taken under a Sequestration for want of an Answer: the Court would not order the sequestrators to sell; but directed them to apply the profits. The Court also ordered the dividends of money in the Bank on the testator's account to be paid under the Will; but could not order the Bank to transfer before the Act 36 Geo. 3. c. 90. Shaw v. Wright.

3. Appointment of a Receiver in the place of the sequestrators discharges the Sequestration. Shaw v. Wright. 4. The Court will sell perishable commodities, rents paid in kind, or the natural produce of a farm, under a Sequestration.

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5. Upon a Sequestration a mortgagee must come to be examined pro interesse suo.

6. Contempt to disturb sequestrators in possession. If the Sequestration is executed, a judgment creditor, though prior, can only claim to be examined pro interesse suo; if not executed, he may take execution.

See Payment into Court 1. Pleading (Demurrer 17.)
Practice 122. 207. 254.

SERJEANT AT ARMS.

See Practice 316.

SERJEANT AT LAW.
See Vol. IV. page 851.

SERVANT.

See Evidence (Pedigree 7.) Fraud 7. 30. Legacy 42.

Maintenance 2.

See Baron and Feme.

125. 317. 380. 384.

SERVICE.

Injunction 39. Practice 122. 124.
Ward of Court 9.

SET-OFF.

1. At law not between joint and separate debts.
2. Demurrer; as matter of set-off; and capable of proof

at law.

3. Equitable on fraud; though not at law.

4. No relief in nature of it against separate creditor of bankrupt, indebted to the partnership to a greater

5.

6.

amount.

At law not between joint and separate debts.
Under express promise of creditor to pay a loan by
debtor.

7. Not of debt to wife, when sole, against debt from hus

band to the bankrupt.

8. Not of right of action on policy of insurance against a debt from the bankrupt.

9. In Equity long before the Statute.

10. Equitable on mutual credit; though no mutual debts.

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1. At law there can be no set-off between joint and separate debts. (See No. 5.)

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Vol. Page

III. 248

VI. 136

2. Bill by insurance broker for a discovery and account of money paid and received by him in that capacity on account of the defendants, and money due to him for commission, &c. and for promissory notes indorsed to him; and to restrain an action, as brought contrary to the universal custom of the business. Demurrer allowed: the subject being matter of set-off, and capable of proof at law. Dinwiddie v. Bailey. 3. Equitable set-off under circumstances; when there could be none at law; viz. bankers, directed to lay out money in Navy Annuities, not doing so; but representing, that they had; making entries, and accounting for the dividends, accordingly; and taking a joint promissory note from the party, under that supposition, and her brother, to secure a debt from him to them; upon which the assignees under their bankruptcy sued him alone. Order for proof of the balance, setting off the debt upon the note; an injunction, and delivery of the note. This case rests upon the fraud. Ex parte Stephens. XI. 24. XIX. 467 4. Separate Commission of Bankruptcy. Relief in the nature of set-off against a separate creditor of the bankrupt, indebted to the partnership to a greater amount, refused. Ex parte Twogood.

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5. Joint and separate debts cannot be set-off against each other at law. (See No. 1.)

6. Set-off, where a creditor had borrowed from the debtor
under an express promise to pay. Taylor v. Okey.
7. A debt from a bankrupt to a married woman, dum sola,
cannot be set off against a debt from her husband to
the bankrupt. Ex parte Blagden.

8. The benefit of a policy of insurance, previous to the
bankruptcy of the insured, upon a loss after it, passes;
and gives a right of action to the assignees, not capable
of set-off against a debt from the bankrupt. Ex parte
Blagden.

XI. 517

XI. 519

XIII. 180

XIX. 465

XIX. 465

9. Distinction between set-off in Equity and at Law. In Equity it prevailed long before the Statute.

XIX. 467

10. Equitable set-off upon mutual credit; though no mutual
debts, upon which a set-off could be maintained at law.
James v. Kynnier.

See Bankrupt. Baron and Feme 69. Lien 21.
SETTLEMENT.

1. By féme sole, immediately before marriage, without
notice to the husband established.

2.1

3. S

Not corrected, unless on something in the recital, &c. 4. Creditor impeaching must state fraud; and get judg

ment.

V. 108

5. Reformed by the recital.

6.

7.

After marriage, in pursuance of agreement before, sup-
ported against fraud.

Creating charge, though for a volunteer, not revoked
by a general revocation merely for partition, &c.
8. Reformed by a letter from the mother on marriage of
her daughter.

9. Reformed against husband's devisee, but not creditors, by his instructions.

10.

To children according to appointment and in default
thereof over, construed in default of appointment,
not children.

Of personal estate implied conformable to limitations
of real,

1. A woman pending a treaty of marriage with A. settled
all her property to her separate use with his approba-
tion: a few days after B. by a stratagem induced her to
marry him the day after she first thought of it: B. had
no notice of the settlement: the settlement was esta-
blished; and a deed of revocation, obtained by duress,
set aside. Countess of Strathmore v. Bowes.
2. Marriage settlement not altered in favour of the intention;
the recital being too general, and nothing dehors the
words to do it by. Doran v. Ross. (See Nos. 3. 5. 8. 9.)
3. If any thing in the recital, by which to correct, it may be
done. (See Nos. 2. 5.)
4. Creditor to impeach a settlement for fraud must state,
that he is defrauded by it, and get judgment for his
debt.

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5. Settlement reformed according to intention declared in recital. (See Nos. 2. 3.)

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6. Settlement after marriage of the wife's property, reciting, and in pursuance of, a parol agreement before, in trust as to part of the produce to the separate use of the wife; as to the rest, for husband for life, then for wife for life, then among the children according to appointment of the survivor, good against creditors of the husband. Their bill to set it aside was dismissed with costs; and defendants were held entitled to that judgment even against a plaintiff, who was made so without authority but his whole expense, and also the whole expense above the costs taxed of all the defendants, except the husband, were decreed to be paid by the Solicitor for plaintiffs; the transaction being considered as a combination between the husband, the creditors, who authorized the bill, and the Solicitor, to defraud the children. Dundas v. Dutens.

7. Charge well created by settlement, though for a volunteer, not revoked by general revocation of the uses under a power for the mere purpose of partition of joint estate, and re-settling to the same uses the separate part to be taken on partition. Earl of Uxbridge v. Bayly.

Vol. Page

I. 22

I. 57

I. 59

I. 161

I, 171

I. 196

I, 500

8. Settlement reformed in favour of the younger children against the heir of the mother, claiming the reversion, by a letter from her on the marriage of her daughter, stating the intention. Barstow v. Kilvington.

(See

No. 2.)
9. Settlement after marriage reformed in favour of the issue
against the devisee of the husband, claiming under the
reversion, by his letter of instructions for drawing the
settlement: but this equity did not prevail against cre-
ditors. (See No. 2.) Jenkins v. Quinchant.

10. Settlement to such uses as the husband and wife shall
jointly appoint, and in default of such appointment, to
them for life; and after the decease of the survivor to
the use of all or any of the child or children of them
in such shares and proportions, and for such estate and
estates, term or terms, and payable at such time or
times, and in such manner and form, as the husband
should by deed or will appoint; and in default thereof
to him and his heirs. The event, upon which the last
limitation depends, is default of appointment, not of
children. Jenkins y. Quinchant.
11. Devise in strict settlement, with power to the tenants for
life to jointure, on condition that two-thirds of the por-
tion should upon such marriage be settled; one-third
upon the eldest son of the marriage, and one other third
upon the younger children. Upon the intention, that
the settlement should be conformable to the limitations
of the real estate, a trust for the father for life was
established: and the interest of the eldest son was not
to be devested except by his death under twenty-one
without issue male. Burrell v. Crutchley.

Frau

See Articles 1. Baron and Feme 47. 95. Construction
5. (Contingent Interest 1.) Contract 1. 3. 20.
dulent Settlement. Infant 1. 11. Lease (Renewal 6.)
Satisfaction 22. Ward of Court 1.

SETTLEMENT, POST-NUPTIAL.

See Creditor 3.

SEVERAL BOND.
See Bond 9. 10.

SEWERS.

1. Generally the remedy against the act of the Commis-
sioners by Certiorari, not Injunction.

1. Injunction against the act of the Commissioners of Sewers,
reducing the height of water in a river, dissolved: there
being a much shorter remedy by Certiorari in the Court
of King's Bench; who interfere with great caution.
Whether there may be cases, in which a Court of Equity
would interfere, quære. Kerrison v. Sparrow.

Vol. Page

V. 593

V. 596, n.

V. 596, n.

XV. 544

XIX. 449

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