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RECOGNISANCE.

1. It is essential to a recognisance for the appearance of

the conusor to answer to charges against him, that it show
the cause of taking it. Nicholson vs. The State

365

2. A recognisance must stand or fall by itself; and if not

good on its face by failing to specify the offence for which
the accused is arrested and bound to appear and an-
swer, parol evidence is inadmissible to supply the de-
fect. 16.

366

REMAINDERS.

1. A remainder in slaves, to take effect and be enjoyed

after a life estate, cannot be created by parol in favour
of persons not in being at the time the property is de-
livered to the tenant for life. Kirkpatrick, Guardian vs.
Davidson

301

RENT.

1. In case of express contract to pay rent, the destruction

of the premises by fire, or violence, or any casualty
whatever, is not a good defence to an action to recover
the rent, unless there is also an express stipulation to
that effect. Nor will a court of equity relieve against
such contracts, under such circumstances. White and
others vs. Molyneux

126

RULE IN SHELLY'S CASE.

1. The rule in Shelly's case applies only where the estate

to the ancestor and to the heirs is of the same kind ; it
applies to legal estates and to trusts executed, but not to
trusts executory, when it is the intention of the testator
that it shall not apply. It applies to personal as well as
real property. Edmondson and wife vs. Dyson -

312

SALES.

1. Sheriff's fees on sales under execution. See title " Fees

of Sherif;" Aycock vs. Buffington, guardian

269

SECURITIES.

1. Additional security of the administrator of an appellant

who dies pending the appeal where the original security,
good at first, becomes insolvent pending the appeal, is
not required. Latimer, Whiting & Co. vs. The Admrs.
of Ware

272

2. Securities on appeal, and securities to injunction bonds,

being bound for the eventual condemnation money in
the cause, under the provisions of the statutes of this
State, are necessary parties to a writ of error to the Su-
preme Court, to reverse the judgment of the Court be-
low. Coffee and others vs. Newsom, Exr. &c.

440

SECURITIES OF SHERIFF.

1. Where the old sheriff fails to deliver to his successor an

execution placed in his hands during his term of office,
and receives money thereon fourteen days after the ap-
pointment and qualification of the new sheriff, his se-
curities are not liable in an action on the bond, to ac-
count to the defendant for said money, notwithstanding
he has been compelled to pay it a second time to the
plaintiff. McDonald, Governor, 8c. vs. Bradshar

248

SET-OFF.

1. The maker of a promissory note in an action by the in-

dorsee who received it after due, cannot set-off a demand
against the payee, unless such demand is connected
with, or grew out of the original transaction for which
the note was given, or attaches to the note itself; he
cannot set-off a demand arising out of collateral matters.
Tinsley vs. Beall

135

2. To authorise a defendant to set-off a demand, under the

24th section of the judiciary act of 1799, such demand
must be against the plaintiff in the action. Ib.

.

135

3. One judgment may be set-off against another; although

all the parties to the different records are not the same.
Colquitt vs. Bonner

156

SHERIFF.

1. A rule against a sheriff to pay over money is not suffi-

ciently certain, unless it state the court in which the judg-
ment and execution claiming the money was had. Be-
thune vs. Bonner

169

2. A sheriff, for the performance of his legal duty, is only

entitled to such compensation therefor as the law pre-
scribes. Hicks vs. Noore and others

242

3. Where a sheriff levied on slaves by virtue of an attach-

ment, and while in his possession worked and hired
them out for his own use and benefit, and a verdict of the
jury having been returned on an issue directed by the
court finding that the labour of the slaves was worth
the per diem allowance authorized by law for keeping
them; held that the sheriff was bound to account for the
same, on a rule against him to pay over the money

in
his hands arising from the sale of the property at the
instance of the creditors. 16.

243

4. Sheriff's fees on sales under execution. See title “ Fees

of Sheriff.Aycock vs. Buffington, Guardian

269

SHERIFF'S SALE.

1. A sheriff may sell under execution, the undivided inter-

est of the defendant in negroes and other personal prop-
erty, and the purchaser at such sale becomes a tenant
in common with the other co-tenants; and until there is
a severance, or destruction of the tenancy in common,
one or more of the co-tenants cannot maintain trover or
trespass against the others. Leonard vs. Scarborough
and wife, et al.

76,

SLANDER,

1. To charge a person with having gonorrhea is actionable,

as it will have the effect to exclude him either wholly or
partially from society; certainly from all good society.
Watson vs. McCarthy

59

SOLICITOR GENERAL'S FEES.

1. A Solicitor General out of office, having obtained orders

for the payment of costs under the 4th section of the
14th division of the penal code, is entitled to be paid out
of money brought into court by his successor, in prefer-
ence to similar orders of junior date obtained by such

Hackett vs. Joncs

successor.

283

SPECIAL DEMURRER.

1. When declaration is bad upon special demurrer, but

amendable. See title “ Amendment.” Murphy vs. Law-

rence

258

STATUTES, CONSTRUCTION OF.

1. The omission of the word "grant” in one section of a

statute may be explained by other parts of the same
statute, so as to supply the omitted word and give the
act its intended effect. Brinsfield vs. Carter

150

STATUTES AND CHARTERS.

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• 1. The regulations in the 11th and 21st sections, and the

limitation as to amount in the 25th section of the origi-
nal charter of the Central Bank, are directory merely to
the officers of the institution. And a debt may be col-
lected, although contracted in disregard of any or all of
these provisions, that is being without security or indors-
er, having run more than twelve months, and exceeding
the sum of $2,500. Bond vs. The Central Bank

107

2. Construction of Central Bank charter, and amendments.

The Acts of 1829 and 1838, amendatory of the original
charter of the Central Bank, clothe it with additional
authority, and the courts are bound to observe their

pro-
visions without their having been pleaded. See title
"Pleading." Bond vs. The Central Bank

107,115

3. A debt contracted with the Central Bank under the

amended charter of 1829, or under the Act of 1838, will

be presumed to have been done in good faith, in the ab-
sence of any fact or circumstance implicating the trans.'
action. Ib.

107, 115

SURPRISE.

1. When there is not such a surprise as will entitle a party

to a continuance after the cause has been submitted to a
jury on the appeal. See title “ Continuance.McCutch-
in vs. Bankston ·

247

TENANTS IN COMMON.

1. The undivided interest of a defendant in property held

by himself and others as tenants in common, may be
seized and sold under execution. See title “Sherif's
Sale." Leonard vs. Scarborough and wife and others

76

2. One co-tenant cannot maintain trover or trespass against

the others so long as the tenancy exists. Ib.

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76

TROVER

1. Trover by an executor or administrator; when necessary

to introduce in evidence the letters testamentary or of
administration. See title “Evidence.Robinson vs. Mc-
Donald

119

2. Where the defendant purchased a negro at sheriff's sale

as the property of a third person, who was a stranger to
the plaintiff's title, used him as his own and exercised
dominion and control over him, it was held to be suffi.
cient evidence of a conversion to maintain trover, with-
out evidence of a demand and refusal. Ib.

119

TRUSTS.

1. Trusts in personal property may be created and proven

by parol declarations. Kirkpatrick, Guardian vs. David-
son

299

2. When a cestui que trust may mortgage the trust estate,

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