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![handle is hein.slavery/ssactsengr0982 and id is 1 raw text is: Lutwyche urged, that this plea, issue, and verdict were immaterial, and that the
debt could not be apportioned. Et per Cur. The plea was ill, but the verdict has
made it good: we will intend 2001. paid, and an acquittance under seal produced
in proof thereof; and the jury may as well apportion here as in debt on a simple
contract, where they may find nil debet for part. Vide Mo. 957. 1 Rol. Rep. 257.
[665] VIEW.
1. KEMPSTET versus DEACON.
[Pasch. 8 Will. 3, C. B.]
A view is grantable, but that is only where the title is in question.
2. ANONYMOUS..
[Trin. 10 Will. 3, B. R.]
Method of proceeding in case of a view. 2 Saund. 254, 6 Mod. 211, 265.
1 Keb. 279, 418. 3 Keb. 103, 254, 485.
It was ordered, that when in order to a view, the last juror is withdrawn, the
plaintiff shall take out a new distringas, amoto the last man of the panel, to distrain
the other twenty-three, with an apponas etiam decem tales. At the trial of this cause
for want of a full jury upon the principal panel, some tales-men were sworn and had
the view, but the distringas was returnable as an original distringas, and so many
of the principal panel left out, who were not at the view; of which the defendant
complained, and would have set aside the trial for irregularity; but because no venire
appeared to the Court, and the matter stood upon record as an original trial, and the
want of a venire was helped by verdicl; and because the cause was tried by those that
were fittest, viz. those who had the view; the Court would do nothing in it, but
ordered the other course for the future.
3. ANONYMOUS.
[Mich. 4 Ann. B. R.]
Per Holt, C.J. Before we make a rule for a view, the venire facias must be
returned, and then we may make a rule, that so many of the panel shall view the
premises (a).
(a) Vide stat. 4 & 5 Ann. c. 16, sect. 8. 3 Geo. 3, c. 24, sect. 8. Bur. 253.
[666J VILLEINS AND VILLENAGE.
1. SMITH versus BROWN AND COOPER.
[2 Ld. Raym. 1274.]
[See note to next case.]
Indebitatus assumpsit for a negro sold. Q. Whether inheritances or not ?
S. C. Holt 495.
The plaintiff declared in an inlebitatus assumpsit for 201. for a negro sold by the
plaintiff to the defendant, viz. in parochia Beahe Marie de Arcubus in warda de Cheape,
and verdict for the plaintiff; and, oil motion in arrest of judgment, Holt, C.J. held,
that as soon as a negro comes into England, he becomes free : one may be a villein in
England, but not a slave. Et per Powell, J. In a villein the owner has a property,
but it is an inheritance ; in a ward he has a property, but it is a chattel real ; the law
took no notice of a negro. Holt, C.J. You should have averred in the declaration,
that the sale was in Virginia, and, by the laws of that country, negroes are saleable;
VIEW
2 SALKELD, 665.](ViewImageLocal?handle=hein.slavery/ssactsengr0982&div=1&collection=&method=preview&ext=.png&size=3)