58 Executor is not liable to pay a legacy unless called upon by the legatee; he is obliged to hunt out and search for such legatee, 248 Executor not liable for laches, for not recovering money, or recording a mortgage, where bond and mortgage was lost or mislaid for a number of years before it came to his hands, 306, 307 Executors and administrators are excused from responsibility, as well as the sureties of the latter, where the testator's or intestate's property is taken off by an enemy, 328 a 209 Upon an indictment for forgery, jury may find a special verdict, viz. That the prisoner passed the note, knowing of the forgery. This was held a good finding to warrant a judgment, although the finding did not state that it was done with a fraudulent intent, 245 Forging a ten pound paper medium bill, with only two commissioner's names signed to it, does not constitute a capital of fence under the act. 285 Passing a ten pound paper medium bill, knowing of the forgery, is a capital offence, 372 FRAUDS, STATUTE OF, &c. Fraud will vitiate a grant, where it appears a surveyor extended the lines after the original survey was made, so as to include a neighbour's mill-seat; though his grant be the eldest. His standing by afterwards, and seeing that neighbour build a mill, without forbidding him, or giving him notice, would amount to a forfeiture of his right, though there had been no fraud in altering the lines, 239 Obtaining horses from an ignorant countryman by threats of a criminal prosecution for horse-stealing, and also by threats of taking his life, is such a fraud as comes under the swindling act, FREIGHT. 282 After dismissal of a bill in equity upon an injunction bond, the party makes his election and proceeds upon the original judgment, and takes defendant in execution, who dies in gaol; he waives his remedy against the security to such injunction bond, 215 See Election. INDORSEMENT. An indorsement on the back of a bond, making the contents payable to order, and Every judgment binds for the whole amount, notwithstanding the instalment act, which says that debts shall only be recovered by instalments; and they must be paid off by sheriffs according to priority, 213 It is too late, after judgment, to take advantage of want of demand of security; it ought to have been pleaded to the ac213 tion, Where an order for judgment has been taken, and defendant die afterwards, before final judgment; such final judgment may be entered up at any time within two terms after death of defendant, L LEGACY, AND LEGATEE. 449 Where a legatee accepts of a bond for the amount of a legacy, from the executor, it becomes a new debt, and extinguishes the right under the will; and if given before 1787, comes under the instalment law, like every other debt contracted before that time, 112 A legacy payable one year after marriage, is a vested legacy; and a payment made to such legatee after she comes of age, but before the contingency of marriage, is good, LEVY. See tit. Sheriff. 369 Where sheriff has madelevv on defendant's goods for instalments due, and has not sold, he is entitled to half fees and commissions under the instalment act. But where he has sold partly for cash and partly for bonds, &c. he is entitled to fees 315 and whole commissions, Where there is an indorsement on back of execution, " levied on residue, after pay"ing off prior executions," this is no levy at A list or schedule of all, it is too vague. property levied on, ought to be annexed Ibid. to execution, Where goods remain in defendant's hands after levy, defendant is as sheriff's agent; they are supposed in law to be from the time of levy, in the sheriff's hands. Ibid. The return of a sheriff, with the list of the property seized on the back of the execution, or a schedule annexed, is prima facie evidence of the property seized and bound by execution, Ibid. No levy to be made at night, or unseasonable hours, unless in cases where negroes or other property should be concealed or kept out of the way, 360 Personal chattels may be limited over as well as real estates, provided such limitation has not a tendency to create a perpetuity, or an estate tail; and therefore, in a will where negroes were devised to children, with this proviso or condition, "But if either of my daughters should "die without a lawful heir of their body to "live; then, to be equally divided among "the survivors." This was held to be a good executory devise to carry over the property to the surviving children. And that the words "heirs of their body to "live," ought to be construed child or children living at the time of her death: consequently not too remote, but within the reasonable bounds the law intended, M MANDAMUS. A mandamus will lie to commissioners of a tobacco inspection warehouse, to restore an inspector of tobacco, who has been dispossessed of his office by a less number of commissioners than the law requires, or where they do not proceed agreeable to law, as in cases of summary convictions, 357 MARINER. A mariner is liable to moderate correction if he refuse to do duty on board of a ship. But if the captain beat him unmercifully, or with an unreasonable weapon, he becomes a trespasser, and shall be liable in an action of assault and battery, MASTER AND SERVANT. Master of a ship may give a mariner moderate correction, if he refuse to do duty or misbehave. So may any other master correct an unruly or disobedient servant; a tutor, his scholar, &c. Ibid. MERCHANTS. The clerk who makes the original entries in a merchant's books, must prove them, if he is within the state. But if he be dead, or without the limits and jurisdiction of our courts, then evidence of his hand-writing may be given, 480 See Shop Books. MORTGAGE. A person convicted under the negro act for killing a negro, and committed for the forfeiture, 7001. currency, is not entitled either to prison-bounds, or insolvent debtors' act, 163 No person, under the negro act, shall be permitted to exculpate himself by his own oath, for killing a negro; but the master, overseer, or some person having the immediate charge of such negro, 172 A master permitting a negro wench to work for herself, or hire herself out, paying him certain stipulated wages, who by her industry and frugality saves as much money as to enable her to purchase a negro girl, in order to give her her free. dom, such negro girl shall be deemed free, and not the property of the master, 260 A negro found by accident on leased premises, not liable for rent, 301 A negro, with two white men, though under their control, is a person in law who may be deemed a rioter, NOLLE PROSEQUI. 358 Where a person will persist in carrying on a civil suit and a criminal prosecution For same assault, at the same time, it is the duty of the Attorney-General to enter a nolle prosequi, 167 NONSUIT. Where a plaintiff refuses to submit to a nonsuit upon the close of his testimony, Vol. I. as not being sufficient to support his case, he shall not have that privilege afterwards, but must submit to the verdict of 107 the jury, NOTE OF HAND. Note of hand given to compound a felony, is void, though in the hands of an 249 innocent indorsee, Notes of hand are not to be put upon a footing with bonds, by the 45th clause of the county court act, nor to be paid in average and proportion with bonds under 275 the Executors' Law, Where a note of hand is indorsed over after it is due, the law does not make that diligence necessary to charge the indorser, which it would require in cases where it is not due at the time of negotiation. The instalment law would vary 330 the rules in such case exceedingly, Notes of hand are not to be paid in ave rage and proportion with bonds and specialties, under the Executors' Law of 1789, in cases of insolvency of deceased's estate; but to be paid according to the course of common law, 445 The holder of a note of hand, who gives time for payment after it is noticed for protest at the bank, and drawer in the meantime becomes insolvent, loses his remedy against an indorser, 466 Nulla Bona returned upon a fi. fa. is prima facie evidence of insolvency, NULLUM TEMPUS, &c. 69 |