INDEX OF CASES. ABRAHAMS r. Puckeridge, 67, 142 Norton, 91 Timborley, 143 Williams, 45, 139 Brown, 141 87, Borhy v. Bell, 87, 209, 230, 300 Englemart v. Moore, 2) 1 Jones, 235 Erpe v. Earl Ferrers, 45 Jones and Another, 212 Er parte 68 Bartlett, 488 Barton, 143 Bourne, 43 Bull, 93, 143 Dephlidge, 68 H. Emanuel, 369 H. Ford, 266 B. Frazer, 259 Freeman, 112 Great Western Railway, 94 C. Hewitt, 94 Hockin, 118 Jerwood re Dockery, 491 Lane re Lendon, 118 Mosslewhite, 189 Nicholls, 235 re Nicholls, 189 Overseers of Heyop, 138 Parson re Fidger, 348 Pepper, 68 Phillips, 68 Philpot re Miskin, 387 Roe, 87 Ramsden, 143 Angel v. Angel, 64, 80 Robinson, 94 Atkinson v. Fawcett, 65, St. Anne's, Westminster, 45 Sheffield, 266 Barley and Others v. Foster, 65, Late Sheriff of Brecon, 212 Simons, 138 Bellamy and Others 0. Par R. Taylor, 29 Turner re Osborn, 348 Bennett v. Harry, 64 Van Sandau, 173 Bloomfield v. Eyre, 209 F. Ward, 118 Body v. Cox, 93 Winn, 235 Bowley u. Barnes, 139 Evans o. Onyack, 62 Brydges v. Brydges, 257 Jones, 67 Cross v. Cross, 61 Watson, 209, 259 Everett v. Small piece, 87 Dark v. Bowditch, 84, 59 Evershed o, Brown, 64 Davis v. Roe, 235 Ground and Hardy, 139 Cardwell v. Holgate, 257 Dayman v. Moore, 111 Eyre v. Green, 223 Dorey r. Roe, 87 Dyke v. Dyke, 64 PALKNER v. Gibbs, 116 Egremont v. Courtenay, 84, 111 Fancourt u. Thorne, 203, 256 Gaisford v. Stone, 65, 207 Farina v. Horne, 233 Goddon u. Dorsey, 188 Farry v. Newman, 67 Groves v. Groves, 64 Feistel v. King's College, Cambridge, 223 Cattlin v. Field, 111 Harrison v. Hampson, 44, 209 Fenwick v. Boyd and another, 66 Chamberlain 1. Chester and Birkenhead Harrison v. Roe, 234 Fielding v. Daniels, 256 Hareby v. Preston and Another, 45, Filby v. Hodgson, 116, 212 Findley v. Farquharson, 230, 259 Hoxby r. Smith, 266 BAGGATT v. Meux, 41 Langley, 387 Watford, 206, 252 v. Shore, 110 Vincent, 445 Lambert, 186 117 Finlayson v. Pelbrow, 67, 89 Hayward r. Tinsley, 61 Fisher v. Aide, 431 Jacob v. Phillips, 61 Fitch o. Cutts, 65 Jeffkins v. Houston, 182 Fletcher o. Marshall, 67 Lloyd and Jones r. Luis, 233 Follett v. Andrew, 64 Derrigan and Daly v. Daly, 160 Forbes v. Peacock, 317 Merrington and Daly v. Daly, 61 Ford v. Arnold, 68 Molesworth v. Sleeman, 111, 252 v. Hunter, 139 Clark v. Hughes, 68, 143 Penington v. Famire, 140 v. Bryant, 134 Levi, 92, 211, 265 Phillips v. Rollins, 86 Forsaith v. Allan, 113 Rabbitts r. Welsh, 143 Fostell v. Johnstone, 65 Richards and Another o. Evans, 59 Foster v. Baok of England, 61 Earl Romney v. Roe, 266 Francis v. Dodsworth, 209, 230 Simpson v. Johns, 257 Freeman r. Tatham, 176 Stace r. Whaler, 67, 231 Frost v. Lloyd, 206, 225 Stringer v. Stringer, 231, 260 Thomas v. Roe, 266 GALLY W. Round, 65, 209 Wood v. Elias, 45 Gamble v. Curtz, 44, 65 Wood v. Watkins, 265 v. Kurtz, 144, 323, 431 Colegrave v. Summerton, 116 Wood v. Wilkins, 233 Garbett o. Adams and Another, 61 Woodall and Others v. Woodall 0. Gerborough, 233 v. Yarborough, 91 Gathercole d. Miall, 89 Geach v. Ingoll, 67 Gee o. Gurney, 136 George v. Bedborough, 67 Geraud v. Richmond, 85 and Another o. Muntz and Others, Gerrard v. Lord Denorban, 336 Gibbons v. Alison, 65, 209, 231, 260 Gibbs and Another v. Flight and Another, 113 Gibson v. Nichol, 108 Gilbert o. Cooper, 446, 317 Nelson, 447 Giles r. Giles, 111, 233 Gillett v. Bullivant, 490 Whitmarsh, 111, 136 Gingell o. Giffard, 63 Girdleston v. McGowran, 59 Glendinning v. Glendinning, 134 Godchild v. Pritchard, 204 Goldicott o. Binior, 67 Brogin, 188 Golding v. Castle, 26 Goodwin v. Gosnell, 26, 156 Gordon v. Ellis, 65 Ellis and Others, 85 Laurie, 204 Gossett v. Howard, 284 Graham v. Spalding, 212 - Sbarp, 212 Beamish v. Owens, 66, 187 Beard v. Egerton, 228 and Others, 87, 186 Percival. 300 Wilkins, 212 Deacon, 113 Durland, 87 Wood, 211 Wainwright, 142 Williams, 68 1 1 Grant u. Madox, 67, 187 Re Rector of Lambeth, 221 Williams, 69 Richardson, 25 Rogers, 408 Morris, 508 Smith, 79 D, Sombre, 77, 221, 485 Staffordshire and Derby Audit Union, 266 D. Stanton, 119 Clement, 116, 142 Suitors of the Court, 173 Robert Swarm. 68 and Others v. Irvine, 65 H. Tatham, 231 Taylor, 451 Turner, 185, 205 Unwin, 93 J. Warren, 7 Webb, 298, 465 Knight v. Marquis of Waterford, 116, 209 PAGE v. Hatchett, 64 Wheldon, 318 Whiting 173 Reeves v. Groom, 209 Pardoe u. Price, 188 Reg. v. Allum, 388 Ashburton, 84 Parnell v. Smith, 61 Lambert v. Knill, 409 M. A. Austin, 432 Syddon, 228 Badlock, 470 Wright, 92 Bishop of Chester, 227 Blathwayte and Another, 143 Horlock, 68 Bluck, 206 Bond, 84 - Muntz and Others, 3 Bradford, 84, 158 Partridge v. Bank of England, 284 Bridson and Another, 212 Buchanan, 83 Paxton v. Great North of England Railway, Bull and Schmidt, 7 137 R. Caley, 182 Pemberton v. Colls, 44 Vaughan, 60 Chatham, 110 Wilson, 236 Chorley, 212 Church wardens, &c. Aylesbury, 226 Hickman, 430 Churchwardens of St. Mary, Lam- beth, 203 Ridsdale, 223 205 Clark, 68 Penrose v. Evans, 64 Commissioners of Excise, 118, 212 Perry v. Fitzhowe, 180 Coonor, 388 and Wife v. Lyons, 206 Conyers, 84 --Merrett, 83 Conyers and Others, 160 Corporation of Litchfield, 188 - Manchester, 429 Pilkington v. Scott, 67, 340 Croydon and Another, 410 Placer o. Anderson, 78 Dickson, 235 M. Dix, 235 Poole v. Spiller, 68 Curlewis, 67 Dobson, 256 Pooley v. Taylor, 231 - Samuel, 60, 64 Douglas, 64, 84, 180, 206 C. G. Duffy, 9, 546 East Lancashire Railway Company, 185, 281 228, 256 Powell, J. In the Goods of, 528 ; S. H. v. a Conviction by the Hon. Eaton and Another, 45, 212 Fairhurst, 118 Mr. Norton, 329 Foster, 84, 189 Gawton, 84 Great North of England Railway Co. Pric 188, 233 Richardson, 67 183, 228, 468 Richmond, 186 Gregory, 64, 111 Griffin, 225 and Uxor v. James, 65, 209 Grundy and Others, 117 Guardians of Oldham, 93 J. Hall, 111, 136 Lyon v. Coward, 385 Hawkey, 370 QUEEN o. Commissioners under Dudley Improvement Act, 143 J. Hayes and E. Mayes, 236 Hemsworth, 113, 209, 231 Hoare, 212 Hunt and Others, 139 Hurst, 84 Freeman, 155, 251 Inhabitants of High Bickington, 83 Holme, 204 Leeds, 45 Woodgate, 93 Luggershall, 68 Molesworth, 339 Norbury, 116, 138 North Howran, 183 St.Giles-in-the Fields, 206 St. Martin, 227 Walbottle, 254 Watford, 266 Johnson, 370 Jones, 64, 285 Bristol and Exeter Railway, ex parte Justices of Anglesea, 67 Salford v. Ackers, 187, 211, 341 Cheshire, 116, 235 Devon, 45, 228 Ely, 93 Byers, 188 Glamorganshire, 266 Middlesex, 45, 117 Radnorshire, 226 M. ke, 119 Surrey, 118, 204 Worcestershire, 116 H. Cowper, 432 Keighley, 84, 158 King, 527 Crowther, 491 Langley, 189 Lewis, 228 Lines, 119 Liverpool Collector of Customs, 139 Lord of Manor of Strickland, 139 Lords, &c. of the Manor of Wheedon Forth Marine Insurance Company, 338 Beck, 189 Compton, 212 Manchester, Bury, &c. Railway, 45 Phillips, 142 Manchester, &c. Railway, 118 Hammond, 205 Mayor, &c. of Bath, 67 of Dover, 111 of London, 64, 111 Portsmouth, 112 W. Hurnell, 285 &c. Warwick, 112, 137 James, 118 Mile-End, 206 Johnson, 485 Molesley, 111 Justices of Denbighshire, 256 Mousley, 158 Newton Ferrars, 203 Nicholson, 370 J. W. Knife, 45 Parker, 64 Paynter, 84 Ladd, 45 Pelham, 44, 64, 111, 251 Litton, 348 Pocock, 206 Poor Law Commissioners, 256 Ring, 277 at the Prosecution of I. Butt, esq. Newton v. Grand Junction Railway Com- Manchester and Poole Railway, 545 v. F. Jackson, one of the Attor Martin, 133 neys, 237, 323 on the Prosecution of the Duke of Brunswick v. Gregory, 235 at the Prosecution of Elliott and - Stanway, 91 Others, 8 Parry, 77 Reg. v. Recorder of London, 226 Ward v. Key, 338 Robins, 114 Wareham v. France and Others, 231 Stone v. Harrison, 508 Prance and Others, 260 Story v. Smalwood, 231 Watson v. Davis, 156 Parker, 425 Rennie, 185 Watts v. Lord Eglintoun, 405 Weatherby r. St. George, 367 Robinson, 301 Webb v. Watts, 409 Westlake v. Gardner, 142, 283, 281 Kelsey and Others, 506 Weiss v. Lumley, 183, 489 Westley v. 228 Saracen, the, 409 TAGG v. Simons, 68 Wheeler . Dalowey, 233 l'heler v. Dollaway, 07 Tanner v. Moore, 202 Whicker , Hume, 380 Taprell v. Taylor, 333 Whitaker v. Richards, 200 Larrant, 84 Whitcher u. Penley, 188 Whitcombe v. Deakin, 109 Tarte v. Phillips, 317 White o. Cox, 84 Taylor r. Brooke, 109 J. Hancock, 85 -, clerk, r. Pre, 361 Whitfield u. Waite, 206 Seller v. Jones, 92 Whitmore and Others r. Lake, 64 2. Ryan, 58 Tennant u. Crastell, 82 Whittaker ». Richards, 224 Parker, 89 Whitwell r. Wayte, 212 Thatcher ». Sir R. England, 321 Whitworth r. Gaugain, 317 Thomas v. Gwynne, 107, 318 Wild ». Woodgate, 321 Hudson, 255 Vilde ", Howard, 118 Jacobs and Another, 117 Wildes u. Stevens, 67 Selby, 155, 319 Wiles i'. Cooper, 202 Wilkins », Nokce, 112 Thomson Gregory, 67 Wilkinson r. Campion, 231, 260 Thornett v. Haines, 92, 264 Garrett, 488 Thwaites v. Forman, 297 Slater u. Dangerfield, 113 Tilk v. Buxton, 67 Guston, 200, 225 Williams v. Bland, 103 Tilt v. Loanes, 209 Soapes and Others, 231 Capper, 260 Fredericks, 61 Tinniswood t'. Pattison, 229 Overton, 189 Tolson v. Bishop of Carlisle, 184 Willoughby ». Poolly, 527 and Another v. Earl Charleville, 209 Sanderson, 63 Wilson r. Barford, 231 and Another w. Barford, 184, 185 Toomer 2, Gingell, 230 v. Gray, 188, 265 Gee, 235 Tootal v. Johnstone, 231 Stanhope, 176 Winnall o. Featherstonehaugh, 57 Topping v. Howard, 525 Winter . Playden, 231 Tork v. Darby, 66 Wise v. Newton, 138 Torre v. West, 212 Newcomb, 371 Witley v. Boneville, 66 Wontner v. Shairp, 297 Touch 1. Strawbridge, 64 Rayson, 68 Wood o. Cockerell, 169 Sherwood, 154 Cowling, 116 Hardisty, 279 Towers v. Turner, 209 Smith, 155, 251, 507 Hewett, 109 New, 212 Trix and Wife v. Thorne, si, 451 Earl of Portarlington, 139 Woodgate v. Hill, 116 Tucker v. Clarkson, 63 Woodrotse v. Doe dem. Daniel, 285, 368 Tuckwell v. Morris, 209 Tullock v. Hartley, 317 Woolley ”. Davisson, 66 Smith, 113, 141, 185 Woolmer v. Toby, 60 Tyfíe v. Davies, 44 Wooton v. Fructuoso, 67 Worth v. Gresham and Another, 62 Wray v. Thompson, 183 Wright v. Burroughes, 231, 259 Chatteris, 111 Queen, 112 and Others o. Egan, 110 Walbancke v. Masterman, 184 Webb, 433 Wroth v. Lord W. Paget, 93 Walker v. London and Blackwall Railway, YARBOROUGH v. Garbett, 186 York and North Midland Railway Company Remmett, 66 v. the Queen, 142, 231, 346 Frost, 113 Wall v. Pickernell, 45, 94, 256 York v. White, 108 Youcll v. Cross, 526 Wallis v. Brown and Another, 141, 209 Younghusband v. Gisborne, 221 Great Western Railway, 189 Taylor, 109 Walstab v. Spottiswoode, 66, 211, 212, 262 ZULUETA v. Miller, 65, 101. 189 INDEX TO SUBJECTS OF CASES. ABATEMENT, 257; coverture is plea of, | Auction, puffers render sale invalid, 92, 264; compensation money paid under 8 Vict. pleadable to indictment for seditious libel, 546. Clerk to magistrates of division not entitled Autre fois acquit for misdescription of pro- perty when pleadable, 432 ; dilatory plea man, 301 Coal Acts, debt lies for penalties under, 115 must be verified, 9; demurrer, practice Collision, measure of damages, 210; rules as as to, in Ireland, 546; costs to parties grieved under 5 & 6 Wm. 3, c. 11, 256 ; Bailment, " safely and securely,” meaning Commissioners of Taxes, jurisdiction, 225 rape, grand jury at sessions may find a Common, right to abate nuisance upon, 180; bill for, 388; proceedings under 7 & 8 license to use, ib. Vict. c. 29, 301. Conditions, independent, 253 ; precedent, DAMAGE, statement of, in action on the 341 case, 281. Consideration, executed, or executory, 202, Debt, when maintainable, 115, 161; on a 226; by incorporation of agreements, 230 ; deed, 81, 85. compromise of indictment when bad, 347 1 & 2 Vict. c. 110, s. 8, 4; power to grant Dilapidations, liability of executors of incom- bent, 370. Distilling, what is, under the Excise Acts, by fraud, not within reputed ownership Contract, for specific subject matter, 65 Contribution of settled estates, 222; between 285. clause, 114; commitment of bankrupt for not answering satisfactorily, 117; specific legatees and general devisees, 428 Distribution, statutes of, application of, 447. proof against joint estate, 118; insolvent Conveyance, by direction of court of equity, Distringas, for outlawry, practice as to lear- 107 ing copy of writ, 143; what will suffice for writ, 212. dividend retained where right of' stop. Conveyancer, certificated, no lien upon deeds, Dogs unlawful within 10 Geo. 4, c. 50, 63 sharebroker, for sale of shares, 142; of 3 Geo. 4, c. 23, 225 Dower, charge on, by married woman, 507 though no assets, 189; adjournment of Copyright, objections under 5 & 6 Vict. Dyce Sombre's case, 485 adjudication, 212; duty of bankrupt to c. 45, 188; action by assignee, 469 ; license 140 although quotations acknowledged, 277 rassed, 323 ; course of proceeding upon bankrupt's own fiat, 318 ; costs may be Coroner': inquisition, signature, statement Ejectment, by overseers, proof of acting suf- of holding, 433; of name, ib. paid on debt though not taxed, 369 ; wit. ficient, 139; by husband against wife, 160; service, 234 ; upon tenant, with initials, ness entitled to expenses before giving Corporation, liability upon contracts for ne- cessaries, 111; clerk to magistrates, right 207; by one executor is good, 231; notice servation of power to oppose, ib.; as. to compensation, 429 ; liability to indict. of declaration, sufficiency of, 266 ment for misfeazance, 468 Election under devise, 279, 406 withstanding subsequent bankruptcy, Costs, in trespass, after payment into court, Entry, right of, account, 368 ; remitter by, 89 ; upon new trials, 82; of remanet, 84; 368 under 6 Geo. 4, c. 16, 520; atheist not under tithe Acts, 85 ; in trespass, 89; Equitable mortgage, 109 allowed to be assignee, 546; affidavit for against pauper, 93, 141 ; upon writ of sum- Estoppel, by admission, 63 proof not sufficient because of foreign mons, 113 ; under Court of Requests Act, Eviction, when breach of covenant for quiet 140; is Crown liable to costs of amend- possession, 82; what evidence will support ment? 141; upon stay of proceedings, on plea, 232 mons, 7; affidavit cannot be ordered to payment of debt and costs as between EVIDENCE:- attorney and client, 234 ; liability of exe- Under, never indebted, 62; money lent, of commitment, 133 jurisdiction of cutors, 256; of parties grieved under 5 & 6 44; advertisement in colonial news- Wm. 3, c. 11, attachment issues, after de- paper admissible, 62; invoice is not mand, on one of several liable, 256; on proof of contract, 66; bill and answer in judge's orders, 258; of detaining a witness • Chancery when inadmissible, 80; under when cause made remanet, 259; on plea not possessed, 81; admission explained 426; proof against estate of deceased of coverture, 259; of action, where amend- by evidence, 82 answer in Chancery not evidence against solicitor who filed partner, ib. ; rule as to privileged com- it, 412; of acting as public officers sufi- County rates, 226 cient in ejectment, 139; under return to mandamus to Courts in India, 180; to cannot be awarded as damages by com: Customs, imprisonment after previous con. viction under 8 & 9 Vict. c. 87, s. 105, 143 explain written contract, 187, 231 ; of Court-baron, description of proceedings in, co-conspirator admissible, 186 ; in action for insertion of advertisements, 236 ; of reputation as to reputed manor, 252; under traverse of indorsement, 261 ; of to raise money, 527; may be withheld, Covenant, for quiet possession, 82 ; not to be implied, 207 ; by assignee of a mortgaged certificate of Apothecaries' Company, term, 280 ; privity of estate, to justify ac. 387; log-book and captain's statement tion, 456; joint and several interests, 450 ; not admissible against underwriters in in marriage settlement, construction of, an action against them for freight, 452; of agency as to provisional committee, Averment of general presentment, when Coverture is plea of abatement only, 185; 452; effect of admission of advertise- sufficient, 206 ; alteration of foreign bill, ment, 452; of subsequent promise by 256; agreement stamp in promissory Criminal information, when refused, 136; for bankrupt, 326 ; of acknowledgment in note, 256; evidence under traverse of bar of Statute of Limitations, 298 ; whe granting, ib. specific performance is sought of missing dishonour in wrong name, 87 deed, 425; variance, 136, 210, 211, 469 Arson, of gaol, not indictable at common Exchequer, jurisdiction of, transfer to Chan. cery, 175 “straw"'within 7 Wn. 4, and i Vict. c. Execution, right of landlord to rent prior to a Excise laws, 115 89, 470. levy, 234 Larceny in church, statement of property, Executor, demise by one is good in eject- 265 ; of a post letter, lucre causa, 255; of ment, 231 ; liability to costs, 256; not to growing trees, under 7 & 8 Vict. c. 29, be examined as to notice under a decree to 301 ; of goods found by married woman, account, 134; of executor, right to costs in 388. equity, 155; staying proceedings where two suits by legatees, 297 Marriage, between Protestants, by Roman Catholics, felony, 347. Executors de son tort, claiming title under, 94 Chancellor, Lurd, jurisdiction of, to make not indictable, 30. FACTOR, cannot sell against orders to re- Evidence, of uttering forged bill 119; in. ducement by attorney to prosecution ex- pay advances, 339 Falsé assertion when actionable, 252 cludes confession, 410; depositions Feigned issue, form of, under 8 & 9 Vict. c. should not be taken in absence of pri. 109, not imperative, 86 Felony, arrest upon suspicion of, 185 Indictment, for false pretences; suffici. Fellowship, assignment of, 222 of in equity, 157 without certificate, 83; against husband Foreign law, how pleaded, 184; foreiga rights of incumbent, and nominee, as to ance in, ib.; for setting fire to gaol, 388; Frauds, statute of, fourth section, 64, 85 ; . guarantee, 186; acceptance of goods, court, 142; plea under 6 & 7 Vict. c. 96, s. PLEADING, COMMON LAW:- Prohibition, when granted, 253 6, not pleadable to indictment for seditious Declaration--in libel, by letters in news. Puffers, employment of at auctions, 92 papers, 135: in slander, sufficiency of PUBLIC COMPANY :—. Lien, of certificated conveyancer, 211; of inuendoes, 177; general verdict, 178 ; Provisional committeemen, release by bad for want of damage as necessary one is good, 46 ; liable to former mem- consequence, 182; declaration for non- ber of company, 62 ; extent of liability Limitations, statute of. good plea to bill of repair, sufficiency of breach, 224 ; for dis- of directors, 182, 187, 236, 286, 287. 408; not liable for contracts of engineer, 298 ; pending execution of trust does not Pleas - under prescriptive Act, 114; of 452; recovery of deposit, 262, 287, 370 ; apology and payment into court in libel, sale of shares by one member not frau- 142; foreign law, how to be pleaded, dulent against others, 27; rights to sue 184; of foreign judgment, 207 ; in tres. in equity, 156, 176. tic, 77 ; repayment of advances made to plevin, 201 ; to debt, on judgment of a QUARE IMPEDIT, striking out counts, 184 lunatic, ib.; expenses of elections al. partial levy, bad, 209 ; in confession and Quo warranto law, as to, 160. lowed, 221; commission against person avoidance in trover, 282 RAILWAY:- gal, 143; sale of spurious scrip, 186; right of allottee to recover deposits, 262, Amendment after replication, 2 ; discre- 217, 370; to inspect deeds of company, 261 ; as to sale of shares and transfers, mon order for when irregular, 250; 300; mandamus to, when void, 346; answer, reading, as admission, 176; ap- amalgamation of companies, 447, 545 ; pearance for infant, 77; distribution of costs of proceedings for purchase pay- purchase money suspended, 78; dismissal able by company, 21 ; suit in equity by member of company, 156, 176, 337; 221; dismissing bill after decree refused, construction of compensation clause, 108; for want of prosecution, 134, 155, 201 ; after transfer of shares, subscriber 156, 305 ; exceptions referring for insuf no locus standi, 386 ; pleas as to regis. ter of company, under 7 & 8 Vict. c. 110, vacation, 109. 202; enlarging publica- 256, 430, 431 tion, 202, 222, 427; retransfer of causes, Rape, grand jury may find bill for at ses. 317; revivor will not lie for costs only, sions, 388 250 ; suppressing depositions by plaintiff Rates, overseers must furnish copies of, un- signing as pauper, 469; Master's duty der 17 Geo. 2, c. 3, 82; county, parochial, and Parliamentary, 226 office, 173; order for serjeant-at-arms. Rating of literary institutions, 64, 206 practice as to, 251; sale to plaintiff Receiver, when appointed, 467 citor, changing on record, 26; where der 7 & 8 Vict. c. 110, s. 26, 430, 431 plaintiff's solicitor had not taken out Religious Tract Society not within 6 & 7 Vict. c. 64 pending appeal, 155, 337; after decree Remitter, by entry, 368 in another suit for administration, 247; Replevin, right to distrain by assignee of rent.charge, 59 pæna, service of, abroad, 58, 155, 251, Representative, personal, bequest to, mean. ing of, 52, 66 service on formal parties after amended Restraint of trade, 340 bill, 319 ; motion to take certificate for Requests, Court of, right of defendant to costs under, 140 New Orders, May 1837, 13th, 223 ; Aug. Right to begin, 233, 340 1911, 12th, 108 : 28th, 367, 32nd, 279 : SALVAGE, claim for, when subsequent want 39th, 80 ; 46th, 338 ; 48th, 26 ; May 1845, of skill, 509 31st, 3; 32nd, 77, 337 ; 33rd, 58, 317; ment, 407 365 ; 120th, 154; 117th, 175. Costs of proceedings for purchase by rail- Seduction, loss of service, 469 covenants and provisocs, 109; taxation of till way, 3; of puisne incumbrancer in fore. Sermons, right to comment upon, 89 closure suit, 2; gratuities, as expedition Separation deed, construction of, as to after- born children, 278 account on bill to redeem, 220; debt not petition for transfer of fund after order SESSIONS PRACTICE:- revived by admission of payment of in. of apportionment, 42; on bill to redeem Service of recognizance under 8 & 9 Vict. under 120th Order of May 1845, 154 ; of for erroneous names in the notice, 117; not allowed, 318; of enlarging publica. to respondents, 226; may be excluded tion, 427 ; security for, when plaintiff has from sessions, 256 ; certiorari to recover no permanent residence, 78. order, grantable ex parte in vacation, 203; costs given against parish on fri. sonation of voter at municipal election Amendment, when refused, 209; appear- volous objections to mandamus, 204. ance wrongly entered is irregularity, 93 ; SETTLEMENT AND REMOVAL:- waiver of, ib. ; time for, under R. G.E.T. Certificate of chargeability, identification 2 W'm. 4, s. 1, 140, sec. stat. ; after of pauper, 83; division of parish, 84; omission to indorse service, 212; notice union of parishes, 227; apprenticeship, of declaration, when irregular, 116; pay- deed, sufficiency of allowance, 84; order Notice to members of banking company, 257 ment of costs indorsed upon writ, 112; shewing complaint to be within juris. distringas for outlawry, 142; issue, diction is sufficient, 117; imperfect ap- under writ of trial, should state teste of prenticeship, 183, 254 ; exceptive hiring, trial revoked by commission prenticeship under 5 & 6 Geo. 3, 139, amine witnesses, 28; cause will not 29. be heard by judge who has acted as Examination.--Sufficiency as to relief counsel in it, 45; right to begin, 232; given, 110; as to jurisdiction, 182; as to new trials, rule as to costs of, 83; of relief by officer of parish, and residence cause in County of Lancaster Court, 188; of pauper, 158 ; of complaint of charge. granted to allottee of shares, as to sub- dence of partnership, 156 ; proof in bank. 265; judges' order when to be served, date, 205; as to caption, 339; of order of 93 ; practice of court, in setting aside, removal bad as to jurisdiction, 203 ; as Patent--for steam propellers, 203 ; surface 451; judgment when signed upon verdict to jurisdiction of police magistrate, subject to award, 88; upon judges' order, 206; stamp is not part of document 142; peremptory undertaking may be within the rule as to sending copies, 158 ; enlarged, 212; right of Crown to reply new evidence offered against removal, 204. effect of appearing upon injunction, 338. rule as to Court interfering, 61; staying surety, for execution levied to pay debt of proceedings in action brought for benefit principal, 260 of wife in trustee's name, 118; where at- Shares, meaning of, 88 for mistake of attorney, 141; lien of attor- tachment from Lord Mayor's Court, 188; Sheriff, duty of, after notice of rent due, 254 summons, review of judge's decision successful suitor to preference in full, 469 upon, 143, 204, 235; writ of inquiry un. Slander, continued discourse, 177; general necessary, 91; certificate may be in damages, 178 ; when damages not neces- name of sheriff upon writ of trial, 140; sary consequence, 182 : (see 490) change of attorney, practice as to, 229. Specific performance, costs upon bill for, ot, 135; execution of power, not subject Presumption, Act, pleadings under, 114; 108 ; dismissed, where probate doubtful, question for the jury as to interruption, 281 ib.; against vendor, refused, when deeds Principal and agent, liability upon purchase in possession of wife, 298; dismissed for non-concurrence of parties necessary by terms of agreement, 385; of missing deed, Privileged communication of attorney to 425; where agreement defective, 445; if agreement void upon principles of public ties, 25 ; to bill for contribution, but Prerogative Court as to admission of will lessee not applying, 505 attorney, 86; unnecessary on agreement to bill against surviving executors for Production of documents, rules as to, 24, upon agreement of two parts, ib. 300; with concurrent order for inspection, 5 & 6 Wm. 3, c. 11, costs, certiorari, 256 386 6 Anne, c. 11, abatement, 9 to ex. |