ing the award.-Anonymous, K. B. E. 27 G. 2. Page 118 2. An award, in which no partiality appears, is not to be set aside.— Turner agt. Dr. Rose, K. B. M. 30 G. 2. 393

B.

BAIL.

1. The plaintiff having accepted an indorsement of a promissory note from another creditor, for the purpose of holding the defendant to special bail, in an action to recover both debts; held, that the action was well brought, but, being a practice to evade the statute, &c., that the defendant was justly discharged from custody-Wigglesworth agt. Isherwood, K. B. T. 29 and 30 G. 2.

371 2. Bail for a party named in the proceedings for conformity, though put in without his direction, an indemnity being offered him, are held good.-Cleeland agt. Ryves, K. B. T. 29 and 30 G. 2. 376 3. A certificate of discharge under an insolvent debtors' act, will not benefit one who is shewn to have been abroad not as a fugitive, but occupied in a course of lawful business. Sheldon agt. Foot, K. B. T. 29 and 30 G. 2. 4. In sci. fa. against bail, the court,

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on motion, directed the names of two persons who had not justified, to be struck out of the roll; but afterwards consented, that proceedings against them only should be stayed.-Waller agt. Green, K. B. T. 29 and 30 G. 2. Page 382 5. The sum sworn to for holding to bail, shewn to be due on the debtor side of an account only.-Turlington agt. Erasmus, K. B. M. 30 G. 2.

424 6. Bail are not exonerated from a debt once fixed upon them, by their principal subsequently obtaining a certificate as a bankrupt. -Woolley agt. Cobbe, K. B. H. 30

allowed by the dean and chapter, are valid, independently of the consideration of the usefulness of the office.-Trelawney, bart. agt. the Bishop of Winton, K. B. H. 29 G. 2. Page 256

BY-LAW.

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1. A by-law which directed, that a sum of money should be paid for the use of a corporation, on enrolling indentures of an apprenticeship to one of its members, is bad. -Nevesley agt. Webster, K. B. M. 29 G. 2. 2. The number, and description, of persons, declared eligible to an office by the royal charter of a corporation, cannot be changed by a by-law; nor the sale of a distress directed. Lee agt. Wallis, K. B. H. 29 G. 2. 292 3. A power vested in the master, and

wardens, of a company, by a bylaw, to elect such, and so many, freemen, as they shall see meet, to be of the livery, to levy a penalty for refusal, &c., is legal, and cannot be used oppressively: any undue exercise of it being properly to be submitted on a plea of nil debet; and notice of a court is not requisite to a member of the company.--Vintners' Company agt. Passey, K. B. H. 30 G. 2. 4. A power being vested by charter in a select number of a corporate body, to make by-laws, for and in

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:

the name of the whole, they may be allowed to use the general name of the corporation in their ordinances and a by-law established by them to prohibit the admission to freedom of persons who had not been previously called and approved of at three meetings of the corporation, is held reasonable, and valid. Such approbation, and examination, being additional qualifications, requisite besides election, that, and admission, found by a jury, without these, cannot entitle a claimant to exemption from the restraint of the by-law.-The King agt. the Mayor of Durham, K. B. H. 30 G. 2. Page 512

C.

CERTIORARI.

1. Orders of justices of peace, made in pursuance of the excise laws, may be removed by certiorari: and the words "party, person," &c. in the act of 13 G. 2. c. 18, do not include the crown; therefore a certiorari, on the motion of his majesty's attorney-general, was directed to issue, although the time limited by that statute for applications for such writs was elapsed, and the directions in it, relative to notice to the justices, had not been complied with by the crown.

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1. The devisee of a copyhold estate has only a title until adınittance, and such a right cannot be forfeited to the lord, but will continue in the heirs of the surrenderor.-, on the demise of Jefferies, agt., C. P. E. 27 G. 2. 2. During the continuance of those lives by which a term of years in a copyhold is supported, if the termor dies, it devolves upon his executor, of necessity, to obtain that he be admitted tenant in the lord's court, and pay the fine thereon incident. And though it was argued against that position, that a fine became due only on a change of estate, that the admission of tenant for life is