2. When a plaintiff in review is not entitled to his review, this Court will quash the writ on motion, or abate it ex officio, on the discovery of the defect. Ibid. 3. A review commenced and discontinued is not a bar to another review in the same action, if not prevented by other limitations. Burrell vs. Burrell, 221 551 4. A review may be granted on the petition of a trustee, who has suffered a default upon a scire facias. Ex Parte Packard. See COSTS, 2. RHODE ISLAND. See INSOLVENCY, 2. RIOT. 426 1. In an indictment for a riot, it is sufficient to allege that the defendants assembled with force and arms, and being so assembled, did, &c., without repeatCommonwealth ing the force and arms. vs. Runnels & Al. 518 2. If an unlawful act is charged in such indictment to have been committed by the defendants, there is no occasion to allege it to have been done in terrorem populi. Ibid. 3. If numbers assembled disturb others in their enjoyment of a lawful right, it is a riot. RIVER. See FISHERY. RULE OF COURT See COSTS, 1. SEAMEN'S WAGES. Ibid. 1. A seaman on board a ship, constituting a part of a fleet of merchant vessels, on the proposal of the master, went, with other seamen from other vessels of the fleet, on board one of the other vessels, which was armed as a convoy; and being captured in that vessel, he was held to be entitled to his wages, from the master of his original vessel until her arrival, but no longer, although he was longer in prosecuting his return. Wilson vs. Bragdon. 79 2. A seaman, on board a vessel of the United States, seized and condemned abroad for a breach of the revenue laws of a foreign country, on her return voyOxnard vs. age, was holden not entitled to his wages after the seizure. Dean & Al. 143 3. Whether he is entitled to wages after the outward voyage was com pleted. Quære. See CHARTER-Party, 3, 4. Ibid 2. A pauper, who had resided in a town from 1793 to 1805, inclusive, (except that he left the town in 1795, without an intention of returning, and was absent about three months,) and paid a poll tax for the years 1794 to 1797, inclusive, and also for the years 1803 and 1805, was holden not to have acquired a settlement in such town. Billerica vs. Chelmsford. 394 defendant town was holden liable only for the expenses incurred within three months before the last notice. Ibid. 5. A warning under the act of 4 W. & M., c. 13, to avoid the gaining of a settlement by a pauper, was without effect, unless, either in the warrant or the return thereof, the length of time was stated, that the party warned had resided in the town. Hamilton vs. Ipswich. 506 SHERIFF. 1. The return of a sheriff, that dower had been set forth on a writ of seisin of dower by three disinterested freeholders, is conclusive; and if not true, he is liable to an action for a false re turn. Eastabrook vs. Hapgood, Err. 313 2. A deputy sheriff, having an original writ against a debtor who was in extreme sickness and poverty, and having arrested him, returned that he had taken bail, when, in fact, he had taken none. In an action against the sheriff for this false return, he was permitted to give evidence of such sickness and poverty, and that the debtor, having recovered his health, did not conceal himself, in initigation of damages. The jury in such case gave nominal damages only, and a motion for a new trial was overruled. Weld vs. Bartlett. 470 See TRESPASS, 2. SHIP'S HUSBAND. See BILLS OF EXCHANGE, &C., 2. SOLDIERS. STATUTES. See ADVANCEMENT. STATUTES CITED OR COM- 3. A settlement is not lost until another is gained within the state; therefore, where A, having a settlement derived from his father, removed into New Hampshire, and there had a son born, who afterwards came into this state, and had children, it was holden that these children had a settlement in this state, derived from their great-grandfather. 11 R. 2, c. 2. Townsend vs. Billerica 21 Jac. c. 16. 29 Car. 2, c. 3. 4 Anne, c. 16. 4 & 5 Anne, c. 16. 5 Geo. 2, c. 30. 411 4. Where notice was given of a pauper's becoming chargeable in March, 1811, and again in October, 1812, and an action was commenced in May, 1813, the Officers..... 299 Limitations.. 29 Frauds, &c... 441 Limitations.. 29 Pleading..... 421 Bankrupts 227, 228 1. Town clerks have authority to swear town officers, as well after the expiration of seven days from the meeting at which they are chosen, as within that time. Colman & Al. vs. Anderson. 105 2. If one chosen constable and col lector of taxes be sworn as constable only, he is qualified to collect taxes; constables being er officio collectors of taxes, when none others are chosen and qualified. Ibid. 3. Where assessors, before the statute of 1785, c. 50, assessed for the state and county taxes a greater amount than was required by the warrants therefor, the assessments were not for that cause void. TRANSFER. Ibid. 1. Where a statute, incorporating an insurance company, provided that no transfer of any share in the stock of such company should be permitted or valid, until the whole capital stock should have been paid in, it was still holden that a bona fide sale by a debtor to his creditor, in satisfaction of his debt, was sufficient to transfer the equitable interest, so far as to justify the company in issuing certificates to the assignee, and to entitle him, when the full amount of the shares should be paid in, to have the transfers entered in the books of the company, and to a certificate of his shares. Quiner vs. Marblehead Social Insurance Company. 476 2. Such a transfer may be by writing without seal; and, therefore, where one general partner had subscribed for shares in the name of the firm, and had paid the instalments out of the funds of the copartnership, he could transfer the shares without a power, either general or special, from his partner. Ibid. 1. A, being justly indebted to B, gave his promissory note for the sum due, agreeing to pay interest thereon at the rate of twelve per cent. per annum. After sundry payments of interest at the rate agreed on, and of part of the principal, a new note was given for the balance of the principal due, on which lawful interest only was reserved or taken. This note, being in part paid, was also cancelled, and a third note given for the balance. This last note being endorsed, in an action by the enendorsee against the promisor, it was holden not to be tainted with the usurious interest paid on the first note, and the endorsee had judgment. Chad121 bourn vs. Watts. 1. A reservation of a right of way by a grantor in a deed poll, to himself or his heirs, was construed to be a reservation to him and his heirs. White vs. Crawford. 183 2. A right of way, proved by a grant or reservation, is not lost by non-user for twenty years. Ibid. 3. The owners of several parcels of land, through which was a private way having a gate across it, entered into covenants by indenture for widening the way, &c. To the indenture was subjoined the following memorandum, viz.: "The gate above mentioned is to be kept up, except by the consent of the parties." It was holden to be the intent of the parties in the memorandum that the gate should be upheld until, by agreement, it should be taken down, and then that it was to remain down forever. Fowle vs. Bigelow. WILD LANDS. WILL. 379 1. One disseised of lands, by his last will, ordered his executors to sell all his outlands, &c., for the payment of his debts, &c., and made two of his sons 2. An incorporated banking company executors, and died disseised. The exloaned a sum of money at a discount of ecutors released the testator's right six per cent., with an agreement, on the those lands to the tenant in possession; part of the borrower, to redeem the iden--it was holden that the executors had no tical bank notes received by him on the authority, under the will, to pass the right loan, if they should be returned to the to those lands; but that the release bank during the continuance of the loan, would avail to pass the rights of the exwith specie, and also to purchase of the ecutors, as children and heirs of the tescompany with specie, during the loan, a tator. Poor & Al. vs. Robinson. certain amount of other bank notes not current at par; -- this was held to be a lawful agreement, and the note given to secure the loan not usurious. Northampton Bank vs. Allen. 284 WRIT OF RIGHT. 131 END OF VOL. X |