[340] I have considered the point with a strong leaning towards the plaintiff, and should have felt glad to have been able to support the action. The law is, however, otherwise. The case of Day v. Edwards, 5 T. R. 648, recently determined in England, is conclusive, if other authorities were wanting, and I think it should govern us.

Smith, J., and Chetwood, J., concurred.

Judgment affirmed, (a)