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1. It is essential to a recognisance for the appearance of
the conusor to answer to charges against him, that it show
2. A recognisance must stand or fall by itself; and if not
good on its face by failing to specify the offence for which
1. A remainder in slaves, to take effect and be enjoyed
after a life estate, cannot be created by parol in favour
1. In case of express contract to pay rent, the destruction
of the premises by fire, or violence, or any casualty
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
1. Sheriff's fees on sales under execution. See title " Fees
of Sherif;" Aycock vs. Buffington, guardian
1. Additional security of the administrator of an appellant
who dies pending the appeal where the original security,
2. Securities on appeal, and securities to injunction bonds,
being bound for the eventual condemnation money in
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,
1. The maker of a promissory note in an action by the in-
dorsee who received it after due, cannot set-off a demand
2. To authorise a defendant to set-off a demand, under the
24th section of the judiciary act of 1799, such demand
3. One judgment may be set-off against another; although
all the parties to the different records are not the same.
1. A rule against a sheriff to pay over money is not suffi-
ciently certain, unless it state the court in which the judg-
2. A sheriff, for the performance of his legal duty, is only
entitled to such compensation therefor as the law pre-
3. Where a sheriff levied on slaves by virtue of an attach-
ment, and while in his possession worked and hired
4. Sheriff's fees on sales under execution. See title “ Fees
of Sheriff.” Aycock vs. Buffington, Guardian
1. A sheriff may sell under execution, the undivided inter-
est of the defendant in negroes and other personal prop-
1. To charge a person with having gonorrhea is actionable,
as it will have the effect to exclude him either wholly or
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
Hackett vs. Joncs
1. When declaration is bad upon special demurrer, but
amendable. See title “ Amendment.” Murphy vs. Law-
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
STATUTES AND CHARTERS.
• 1. The regulations in the 11th and 21st sections, and the
limitation as to amount in the 25th section of the origi-
2. Construction of Central Bank charter, and amendments.
The Acts of 1829 and 1838, amendatory of the original
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-
1. When there is not such a surprise as will entitle a party
to a continuance after the cause has been submitted to a
TENANTS IN COMMON.
1. The undivided interest of a defendant in property held
by himself and others as tenants in common, may be
2. One co-tenant cannot maintain trover or trespass against
the others so long as the tenancy exists. Ib.
1. Trover by an executor or administrator; when necessary
to introduce in evidence the letters testamentary or of
2. Where the defendant purchased a negro at sheriff's sale
as the property of a third person, who was a stranger to
1. Trusts in personal property may be created and proven
by parol declarations. Kirkpatrick, Guardian vs. David-
2. When a cestui que trust may mortgage the trust estate,