Interest is recoverable on a bill against the acceptor, after it becomes due, though no protest, where there is no special acceptance, 243 Where the acceptor of a bill of exchange has at the same time, money due him from the drawer on a running account, which bill is afterwards protested and taken up by the drawer-such drawer shall not make use of a payee's name to recover the amount of the bill, when there is money really due from the drawer to the acceptor, 280 Where a promise is made by an indorser of a bill of exchange, to take it up when returned, under an ignorance of the circumstance that due diligence had not been used by the holder, such promise shall not 291 be binding, Want of effects in drawee's hands, makes a protest unnecessary to charge the drawer; but it is otherwise to charge an indorser, ibid. An acceptance of an inland bill of exchange, conditionally, when funds shall come into acceptor's hands, six years after the acceptor had an opportunity of knowing whether there were funds or not, shall bind him; especially where he Parol testimony to alter the condition of a bond, inadmissible. 307 In debt upon a bond, defendant gave in evidence, that part of the land for which the bond was given, was taken away by an elder grant; jury may deduct the value of the land so taken away, and give a ver327 dict for the balance, In debt upon an administration bond against the securities of the administrator, they may give in evidence that the property of the deceased was taken away by the enemy, in exoneration of the bond; they being only considered as collateral undertakers, and liable only in default of such administrator, who was excused by the act of an enemy, 328 A blank indorsement on a bond, does not raise an implied covenant on the indorser to pay the amount of the bond, in case of the insolvency of the obligor, 398, 399, 400 Upon an administration bond, if plaintiff in his replication aver that the administrator had not paid off debts agreeable to law, it is good; for plaintiff' is not obliged to aver the breach of every specific article. The inventory charges the administrator, and he is bound to discharge himself, and shew how he disposed of the 462 estate, That a bond should be presumed paid, if no interest is paid in 20 years, is a good general rule; though war, and the confusion consequent thereon, &c. good grounds for the consideration of the jury, to determine whether it was paid or not? are 482 Giving a bond extinguishes all prior simple contracts, Vol. 1. 491 tion which is not expressly given, 382 to 398 City corporation of Charleston has a right to scrutinize into the election of its members; but they have no power to oblige voters to swear who they voted for, in order to ascertain which candidate had bad votes, 441 In the exercise of this right of scrutiny, the best general rule is to deduct the supposed bad votes from the candidate who has the highest number of votes, and then if he had still a majority, his election would stand unimpeached; but if it was a doubtful case after such deduction, it should be sent back to the people to determine finally by a new election, Ibid. Covenant to stand seised to bargainee's use, is a good conveyance under the statute of uses to pass a fee, 107 On a covenant that bargainor was lawfully seised, &c. bargainee can maintain this action, on the discovery of defect of title, before eviction by title paramount; though on a covenant for peaceable enjoyment, it is otherwise, 256 Covenant may also be maintained for deficiency of quantity, which will entitle the party to a recision of the contract, or an abatement of the purchase-money, according to the extent of the injury, Ibid. In covenant, the value of land at the time of the eviction, is the measure of damages, 265 On a covenant that the defendant was lawfully seised, plaintiff may support his action, or defend himself against a bond given for consideration money for land, before eviction, and jury may either rescind the bargain, or deduct the damage from the bond, 327 In an action of covenant for breach of warranty, the value of land at the time of the eviction, ought to be the measure of damages, 19 In covenants, it is a maxim, that he who prevents a thing from being done, shall not avail himself of the non-perform ance, 235 The value of negroes at the time of eviction, by title paramount, is the general rule of assessing damages; yet, under peculiar circumstances of hardship, jury may give less, 92 Damages on bills of exchange drawn in foreign countries and states, on persons in this country, are to be governed 468 by the lex loci, A jury may give damages for the detention of a debt, beyond the amount mentioned in the obligation, 490 DEBTORS' INSOLVENT ACT, &c. suing such insolvent debtor for one year after such discharge, 436 But they may prove their demands in court, against which the act of limitations shall not run, DEED. Ibid. Where there are two deeds for the same tract of land, and the youngest is recorded first, the grantee in the first deed may relinquish his claim under it, and rest upon his possessory right, as in the case of Lessee of Gordon v. Executors 37 of Parsons, ante, [N. B. The latter part of the marginal note in this case ought to have been omit. ted.] A deed dated before a judgment, though not recorded, shall have priority to a judgment; for the act of assemby relates to sales and mortgages, and not to judgments, Same point determined, 90 304 A deed of 30 years' standing, may be read in evidence without proving it, or the hands-writing of the witnesses, where 364 possession has accompanied it, A deed made by a minor, not binding, 367 An office copy of a deed not good evidence, unless some proof be offered of the loss of the original, DEMAND. 495 The depreciation law of this state does not affect contracts made in any other part of the world, unless there is a special 176 agreement to the contrary, The rapid depreciation in South-Carolina was a good ground for not presenting a bill of exchange for payment, during the Ibid. course of it, Interest ought to be allowed on such bill only from the time of demanding payment of drawer, unless he knew of the depreThigh ciation, Goods sent to a public vendue store for ale, are not distrainable for rent due by Je auctioneer, 102 A negro boy bound out an apprentice to a hair-dresser, not liable to a distress for ent, 170 A negro of a third person found accidentally on the premises, not liable to disress for rent in arrear, 301 Distress for rent in arrear will not lie, nless upon some lease in writing, or pal agreement, in which some sum cerin is reserved, 314 There can be no distress for rent in "rear, unless some specific sum be reved upon deed or parol agreement; ough assumpsit will lie for use and ocpation, 443 The bare recital in a sheriff's bill of sale property levied on and sold, is not suf ient of itself to prove that a specific sum vas reserved, Ibid. DOWER. The widow of a person placed on the iscation list, is not barred of her dow73 A widow not entitled to dower, who acd her husband in his life-time in a |