5. Whether hire must be agreed on to render carrier liable,
6. Carrier for hire is generally regarded an insurer of the goods.
In the case of slaves, as of other persons, the liability is only
for negligence,
7. How far carrier is protected against misrepresentation or im-
position,
8. How liability of owners of a vessel is restrained by exception
in a bill of lading,
9. How liability of any carrier may be restrained by a special
acceptance,
10. How carrier's liability may be restrained by a notice. Review
of the cases in England, New York and elsewhere. Gene-
rally party sending goods with knowledge of the terms of
the notice, is considered as sending upon a special contract
according to those terms,
CHAP. 59.-Action for a trespass committed by an offi-
cer acting under instructions of the executive,
or under a decision of a court martial, or
under an assessment of taxes,
1. Officer acting under instructions of executive,
2. Officer acting under a decision of a court martial,
3. Officer acting under an assessment of taxes,
CHAP. 60.-Action against an officer for refusing at an
election to receive the vote of a legal voter;
or for making a false or double return,
1. For refusing to receive a legal vote,
2. For making a false or double return,
CHAP. 61.-Action against a sheriff for permitting an
escape, or for any other neglect of duty, under
execution or other legal process,
1. Action lies against sheriff for false return, or negligence in
serving writ,
3. When sheriff is liable to action for false imprisonment,
3. On what principle action lies against sheriff for not arresting,
or for permitting an escape. It must be shewn that plaintiff
was entitled to sue out the process. If he was so entitled
and the escape was under mesne process, what he may re-
cover,
4. When the action is against an officer for not serving ca. sa., or
permitting debtor taken under it to escape. In addition to
the common law remedy by action on the case, statute gave
an action of debt,
5. State of the Virginia legislation and decisions as to escapes.
Action of debt for an escape abolished in this state,
6. Action of debt for an escape abolished in England and Massa-
chusetts. Material difference often between what would be
recovered in that action and what is recoverable in action on
the case,
7. Liability of sheriff in respect to persons brought to the jail to
be confined, and yet who were not confined therein; in res-
pect to prisoners in jail when sheriff goes out of office; and
in respect to slaves confined in jail. How far jailor is liable
to sheriff,
4. Of the statutes of 2 W. & M. c. 5, and 11 Geo. 2, c. 19, § 19.
Where the distress is for rent justly due, what is the remedy
for subsequent unlawful act; for example, remaining on the
premises an unreasonable time,
5. Action against sheriff who after receiving the money under a
fi. fa. levies it, or who after levying it on goods upon debt-
or's premises, remains there, or keeps the goods there, an un-
reasonable time,
CHAP. 63.-Action for a malicious prosecution, or a ma-
licious arrest or proceeding in a civil suit, or
an abuse of process,
3. To sustain the action there must be fraud,
4. Defendant's motive is not material, if he said what he knew
to be false, and thereby the plaintiff has sustained damage,
5. Scienter not necessary in a class of cases governed by rule of
principal and agent; particularly of Adamson v. Jarvis, and
Humphreys v. Pratt. The latter explained in Collins v.
Evans,
6. General rule established in Collins v. Evans, that action will
not lie for false representation when it is not false to the
knowledge of the party making it nor made with the inten-
tion to deceive,
7. Particularly of representation as to another's credit,
8. Of deceit in sale of provisions,
3. Right of one who is disseised, and re-enters, to maintain tres-
pass for mesne profits. What may be recovered by tenant
who is unlawfully dispossessed by landlord, generally depends
on whether tenant makes re-entry before bringing his action
of trespass,
4. Right of landlord to enter upon tenant at will. When an ac-
tion for a trespass will lie for or against such tenant,
5. Action for trespass in cutting and carrying away plaintiff's
wood without authority. Vendee in possession treated as a
tenant at will, and liable to an action for such a trespass,
6. Action lies notwithstanding descent to heirs of disseisor,
7. Action for mesne profits consequential to judgment in eject-
ment. How far such judgment will sustain the action of
trespass. Against whom the action will lie,
8. When after judgment in ejectment, action of trespass is
brought, it need not be limited to recovery of mesne profits,
but may be maintained for other wrong in removing build-
ings, &c.,
9. Whether a mortgagee, after obtaining judgment in ejectment,
may not recover mesne profits. The Massachusetts deci-
sions holding that he cannot, examined and disapproved,
CHAP. 68.-Action for damage from or to the cattle of
one on the land of another,
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