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INDEX OF CASES.

ABRAHAMS v. Puckeridge, 67, 142

Adam v. Rowe, 68, 93

Adams v. Heathcote, 317

Norton, 91

Timborley, 143

Addison v. Williams, 93
Adie v. Walford, 27

Akraman v. Ehrensperger, 188
Alcock v. Bottom, 257
Alexander v. Royle, 67

Williams, 45, 139

Alfred v. Farlow, 64, 84, 178
Alnot v. Reay, 67
Amadio v. Showell, 93, 189
Amelet v. Bruck, 227, 256
Anderson v. Stather, 77
Andrews v. Lockwood, 250
Anster v. Holland, 68, 118
Anstey v. Cotton, 488
Archer v. Hudson, 105
Ashby v. Bates, 67, 232

Ashley v. Pratt, 92

Ashton v. Dalton, 109

Asser v. Walker, 64, 81

Aston v. Parkes, 92, 186

Attorney-General v. Bailey, 285

Brown, 141

Gardner, 80

Bowlby v. Bell, 87, 209, 230, 300
Bowne r. Williams, 143
Boydell v. Ekstein, 260

-Harkness, 186, 206
Boyle v. Brandon, 116

Chapman, 113
Chapman and Another, 65
Boynell and Others v. Harkness, 113
Bradley v. Tonge, 67, 89, 231
Bradshaw v. Allander, 212
Bleadon, 266
Lavender, 266

Bradstock v. Whatley, 26
Brandao v. Barnett, 525
Brett v. Farnell, 233
Brooks v. Lake, 337
Brown v. Bamford, 249

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Osborne, 143, 188

Burfield v. Ash, 235

208, 209

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tridge, 45

Hallett, 142 Hodgson, 174

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Benham v. Earl of Mornington, 184

Wilkins, 212

Bennett v. Cooper, 299

Deacon, 113

Durland, 87.

Benson v. Lamb, 385
Bentley v. Carver, 84
Benton v. Polkenhorn, 233

-Wood, 211
Berkeley v. de Wear, 189
Best v. Robinson, 211

Bevington v. Griffith, 142

Beynon v. Davis, 66

Bickley v. Boydell, 67, 212

Biddulph v. Lord Camoys, 202, 337

Bigge v. Barhayes, 232

Birkobitz v. Lloyd and Others, 65 Blagg v. Gibson, 62

Blake v. Lord Wallscourt, 545

Blenkinsop v. Blenkinsop, 317

Bluck v. Siderway, 64

Blundell v. Yates, 67, 116

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Gabriel and Others, 212

Bury v. Peers, 188, 189, 235
Bushell v. Brood, 235
Butler v. Ross, 93

Butterworth v. Williams, 118, 235

Bynner v. Queen, 142, 284, 407

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and Others v. Pickford, 81

City of London v. Kingin and Others, 186
- Parkinson and Others, 113
Claridge v. Haines and Others, 185
Clark v. Hughes, 68, 143

Levi, 92, 211, 265
Clements v. Beresford, 450.
Clift v. Schwabe, 284, 342
Clutterbuck v. Hulls, 183, 212

Cocker v. Musgrove and Moon, 254
Cockerell and Others, v. — 43

Cockroger v. Horner, 92

Coldham v. Showler, 185, 230

Colegrave, v. Summerton, 67

Coleman v. Holmes, 45, 93

Colegrave v. Summerton, 116

Collins v. Hopwood, 92, 114

Vidler, 527

117

Roe, 87

Angel v. Angel, 64, 80

Atkinson v. Fawcett, 65, 87, Barley and Others v. Foster, 65,

Bellamy and Others v. Par

Bennett v. Harry, 64
Bloomfield v. Eyre, 209
Body v. Cox, 93

Bowley v. Barnes, 139
Brydges v. Brydges, 257
Cross v. Cross, 61
Daly v. Daly, 139
Dark v. Bowditch, 84, 59
Davis v. Roe, 235

Dayman v. Moore, 111
Dorey v. Roe, 87

Dyke v. Dyke, 64

Egremont v. Courtenay, 84, 111
Gaisford v. Stone, 65, 207
Goddon v. Dorsey, 188

Groves v. Groves, 64

Harrison v. Hampson, 44, 209
Harrison v. Roe, 234

Hareby v. Preston and Another, 45,

Hoxby v. Smith, 266
Hayward v. Tinsley, 64
Jacob v. Phillips, 61
Jeffkins v. Houston, 182
Lloyd and Jones v. Luis, 233
Merrigan and Daly v. Daly, 160
Merrington and Daly v. Daly, 61
Molesworth v. Sleeman, 111, 252
Penington v. Famire, 140

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Englemart v. Moore, 211
Erpe v. Earl Ferrers, 45
Ex 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
Ramsden, 143
Robinson, 94

St. Anne's, Westminster, 45
Sheffield, 266

Late Sheriff of Brecon, 212
Simons, 138

R. Taylor, 29

Turner re Osborn, 348

Van Sandau, 173

F. Ward, 118 - Winn, 235

Evans. Onyack, 62

Jones, 67
Watson, 209, 259
Everett v. Smallpiece, 87
Evershed v. Brown, 64

Ground and Hardy, 139

Eyre v. Green, 223

FALKNER v. Gibbs, 116
Fancourt v. Thorne, 203, 256
Farina v. Horne, 233

Farry v. Newman, 67

Feistel v. King's College, Cambridge,
Fenwick v. Boyd and Another, 66
Fielding v. Daniels, 256
Filby v. Hodgson, 116, 212
Findley v. Farquharson, 230, 259
Finlayson v. Pelbrow, 67, 89
Fisher v. Aide, 431

Fitch v. Cutts, 65

Fletcher v. Marshall, 67

Follett v. Andrew, 64 Forbes v. Peacock, 317 Ford v. Arnold, 68

v. Hunter, 139

v. Bryant, 134

Forsaith v. Allan, 113

Fostell v. Johnstone, 65

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Collinson v. Newcastle and Darlington Rail- Dolby v. Rimington, 206, 252

way, 92

Compton v. Tamlyn, 235

Connor v. Webb, 266

Coombe v. Corporation of London, 153 Cooper v. Falkner, 114

Langford, 143

Shepherd, 87, 230, 282

Cornwall and Another v. Wood, 189
Cottingham v. Lord Shrewsbury, 317
Coultas v. Bowes, 65

Coulthas v. Bowes, 209, 260
Coventry v. Earl Lauderdale, 467
Cox v. Bingham, 64

Cranwell v. Cooper, 113, 141, 185
Crofts v. Osborn, 45

Cromer v. Chuck, 67, 88

Curling v. Shepherd, 257

Curtis v. Pugh, 60

Cutler v. Pelletier, 116

DALTON v. Lambeth, 3

Damar v. Lord Portarlington, 525
Damels v. Fielding, 67, 89, 188
Davenport v. Bishop, 317
Davies v. Lowndes, 209

Vernon, 139

Donovan v. Needham, 107

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Francis v. Dodsworth, 209, 230

Freeman v. Tatham, 176

Frost v. Lloyd, 206, 225

GALLY v. Round, 65, 209
Gamble v. Curtz, 44, 65

v. Kurtz, 144, 323, 431

Garbett v. Adams and Another, 61
v. Gerborough, 233
v. Yarborough, 91

Gathercole v. Miall, 89
Geach v. Ingoll, 67
Gee v. Gurney, 135
George v. Bedborough, 67
Geraud v. Richmond, 85

and Another v. Muntz and Others, Gerrard v. Lord Denorban, 338

Driskoll v. Wydross, 185
Duffield v. Morrett, 29
Duggan v. Gee, 68
Duncombe v. Lewis, 250
Nelson, 447

EADES v. Booth, 63
Eadon v. Branscombe, 257
Early v. Benbow, 3
Easton v. Peploe, 186
Edgar v. Bull, 141
Edwards v. Alvey, 485
Egg v. White, 212
Elderton v. Lack, 202
Elgar v. Garwood, 235
Ellis v. Abrahams, 82
Hozier, 116

Elston v. Gascoyne, 65, 209
Ely v. Smith, 209
Englehart v. Moore, 66

Gibbons v. Alison, 65, 209, 231, 260

222

Gibbs and Another v. Flight and Another,

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Holme, 204
Leeds, 45
Luggershall, 68
Molesworth, 339
Norbury, 116, 138
North Howran, 183
St. Giles-in-theFields,
206

St. Martin, 227
Walbottle, 254
Watford, 266

Liverpool Collector of Customs, 139
Lord of Manor of Strickland, 139
Lords, &c. of the Manor of Wheedon
Beck, 189

Manchester, Bury, &c. Railway, 45
Manchester, &c. Railway, 118
Mayor, &c. of Bath, 67

Poor Law Commissioners, 256

at the Prosecution of I. Butt, esq.

v. F. Jackson, one of the Attor
neys, 237, 323

on the Prosecution of the Duke of
Brunswick v. Gregory, 235

at the Prosecution of Elliott and
Others, 8

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Norwich, 189

Sharp v. Day, 156

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Sharland v. Mildon, 223

Sharpe v. Watts, 206

Shepherd v. Mouls, 304

Sherington v. Whitington, 433

Sherwood v. Clark, 188

Sieveking and Another v. Dutton, 258
Siggars v. Paynter and Another, 65, 209
Simpson v. Margetson and Others, 408
Skelton v. Alcock, 65, 113

Slack v. Francis, 116

Slater v. Dangerfield, 113

Smart v. Sandars, 260, 323, 339

Smeaton, v. Reed, 260

Smee v. Lampull, 235, 257
Smith v. Archer, 64

Barneby, 526

and Another v. Earl Charleville, 209
Earl Mornington, 209

v. Lord Effingham, 317

Gee, 235
Jeffries, 67
Jeffryes, 231
Mitton, 189
Newcomb, 371
Ransom, 67
Rayson, 68

Sherwood, 154
Shirley, 185

Smith, 155, 251, 507
Unett, 44, 86

Smurfitt v. Begg, 449

Smyth v. Tuck, 317

Snook v. Daniel, 235

Snow v. Hale, 318

Soden v. Percy, jun., 45

Solomon v. Lawson, 64, 84, 135
Nimmo, 94

Somers v. Hobden, 113
Sourton v. Marriott, 318
Sparling v. Parker, 465
Spalding v. Ruding, 317
Springett v. Morrell, 204
Standen v. Christmas, 62
Stanley v. Logie, 265
Stavers v. Wright, 141
Steadman v. Arden, 261
Hockley, 211

Stevens v. Desborough, 230
-Frost, 113

Steward v. Todd, 142
Stewart v. Wilkinson, 81
Stinton v. Bloxham, 93

Taylor, 109

Stroud v. Watts, 113, 140
Summers v. Ogden, 209, 258
Sutton v. Page, 185, 208
Swift v. Hawkins, 142, 301
Swinton . Thompson, 66
Sykes v. Cooper, 452

TAGG v. Simons, 68

Tanner v. Moore, 202

Taprell v. Taylor, 338
Tarry v. Newman, 301

Tart v. Darby and Another, 262
Tarte v. Phillips, 317

Taylor v. Brooke, 109

clerk, . Pye, 361

Teesdale v. Swindall, 507
Tempest . Killner, 65, 209

Tennant . Crastell, 82

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Ward v. Key, 338

Robins, 114

Wareham v. France and Others, 231
Prance and Others, 260

Watson v. Davis, 156

Parker, 425

Rennie, 185

Watts v. Lord Eglintoun, 405
Weatherby v. St. George, 367
Webb v. Watts, 409

Westlake v. Gardner, 142, 283, 284
Weiss v. Lumley, 183, 489

Westley v., 228
Wheeler . Dalowey, 233
Wheler v. Dollaway, 67
Whicker v. Hume, 386
Whitaker v. Richards, 206
Whitcher . Penley, 488
Whitcombe v. Deakin, 109
White v. Cox, 84

J. Hancock, 85

Whitfield . Waite, 266

Whitmore and Others v. Lake, 64

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Walker v. London and Blackwall Railway, YARBOROUGH v. Garbett, 186

189

Remmett, 86

Wall v. Pickernell, 45, 94, 256
Waller v. Blacklock, 116, 188, 342
Wallis v. Brown and Another, 141, 209

Great Western Railway, 188

Walstab v. Spottiswoode, 66, 211, 212, 262

York and North Midland Railway Company

v. the Queen, 142, 284, 346

York v. White, 108

Youell v. Cross, 526
Younghusband v. Gisborne, 221

ZULUETA v. Miller, 65, 161.

INDEX TO SUBJECTS OF CASES.

ABATEMENT, 257; coverture is plea of,
185; costs on plea of, 259; auter action
pending, is bad plea, 211; affidavit of
verification must be true in oninibus, 235 ;
in criminal pleading is necessary, 9
Acceptance of goods under Statute of Frauds,
527

Admission in recital of deed, 298
Advertisement of reward, construction of,
321, admission of under judge's order, no
admission of authority to insert, 452
Affidavit taken before attorney, 116; jurat
without "before me" is void, 138; former
affidavits, when may be used. 138, 235;
filing in mitigation of punishment, 182:
-verifying plea of abatement, 235; by fo-
reign creditor, for proof in bankruptcy,
when insufficient, 546

Agreement of two parts, stamp on, 433; by
attorney, for per centage upon assets admi-
nistered, invalid, 486

Alien, legacy and probate duty upon property
of, 367

Allottees, right to recover deposits, 262;
notwithstanding execution of deed, 287;
but scheme must be abandoned, 370
Amalgamation of companies, 447, 545
Amendment, liability of Crown for costs of,
141; which must be made within reasona-
ble time, 208 (see 230); of name in judg
ment, 235; when costs given, although no
amendment made, 258; of attorney's affi-
davit as to clerk's service, 259
.Animals, liability of person keeping dan-
gerous, 231, 253; sale of, under 5 & 6
Wm. 4, c. 59, 83

Annuity, effect of setting aside, for non-en-
rolment, 184; priority of annuities under
wills, 297; chargeable with judgment, 201
Anticipation, clause against, construction of,
41, 249 (Brown v. Bamford). (See upon
re-settlement by wife, 321.)
Apothecaries' Company, certificate, how
proved, 387

ARBITRATION AND AWARD:-

Where special case granted, 86; award,
shewing joint right of action, and plead-
ings thereon, 28 (see 109); when cause
referred to Master, practice, 67; judg
ment, when to be signed upon verdict,
subject to award, 88; finality of award
as to issues, 93; bad for awarding gross
sum for costs, 109; as to investigating
title, 111; arbitrator's notes cannot be
used upon motion, 117; time for motion
to set aside, 137; when cause only re-
ferred, 142 ; lien of attorney for costs
paid to take up award, 406
Architects' commission, 41
Arrest, duty of officer under 32 Geo. 2, c. 28,
204; married woman, liability of, to, 406
Assignment for creditors valid, notwithstand-
ing fiat, 387

Articles of the peace must state the time for
which sureties are to be found, 139
Attachment upon erders under 1 & 2 Vict. c.
110, s. 18, 139

Atheist, cannot be assignee, 546
ATTORNEY AND SOLICITOR :-

Liable in trespass if writ executed wrongly,
60; no right to money out of pocket
when cause lost by negligence, 60
(see 183); privileged communications
to partner, 66; in bankruptcy, 94; prac-
tising without certificate is indictable,
83; not bound by his client's answer
in Chancery, 112; liability to sheriff's
officer for expenses, 184; privilege from
arrest when attending County Court,
212; may be excluded from practising
at quarter sessions, 256; amendment of
description in affidavit, under 6 & 7 Vict.
c. 73, ss. 8, 9, 259; lien for costs in pau-
per cause, ib.; for costs paid to take up
award, 406

Bill.-Non-delivery of bill must be pleaded,
91; not taxable by outlaw, 142; should
state Court in which business is done,
211; stating account does not bar taxa-
tion, 226; expedition-money not allowed
on taxation, 42; payment by retainer of
funds, 2; constructive payment, 79 ; ex-
ception to report of Master upon taxa-
tion should state specific cause, ib.; de-
livery of bill ordered in Equity, 25;
four day order should be applied for with
affidavit of non-delivery, 318; solicitor
ordered to shew cause why he should not
be struck off the roll, no motion being
made, 26; agreement for commission by
way of remuneration, void, 486.
Attorney, letter of, must be stamped, 86

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Bank of England, transfer of stock, 61
Banking Company, notice to members of, Compensation clause in Railway Act, 201
effect of, 257
Conditions, independent, 253; precedent,

Banker's lien, 525
BANKRUPTS AND BANKRUPTCY:-
Declaration and pleadings on Hond under
1 & 2 Vict. c. 110, s. 8, 4; power to grant
certificate on third fiat, 7; goods obtained
by fraud, not within reputed ownership
clause, 114; commitment of bankrupt
for not answering satisfactorily, 117;
proof against joint estate, 118; insolvent
may petition under 7 & 8 Vict. c. 96, 118;
dividend retained where right of stop-
page in transitu doubtful, 119; proof by

sharebroker, for sale of shares, 142;

fees under 1 & 2 Wm. 4, c. 56, due al-
though no assets, 189; adjournment of
adjudication, 212; duty of bankrupt to
prevent execution, 285; when embar-
rassed, 323; course of proceeding upon
bankrupt's own fiat, 318; costs may be
paid on debt though not taxed, 369; wit-
ness entitled to expenses before giving

evidence, ib.; accounts passed with re-
servation of power to oppose, ib.; as-
signment for creditors when good, not-
withstanding subsequent bankruptcy,
387; evidence of subsequent promise,
under 6 Geo. 4, c. 16, 526; atheist not
allowed to be assignee, 546; affidavit for
proof not sufficient because of foreign
seal, ib.; trader, under 5 & 6 Vict. c.
122, s. 11, when entitled to costs on sum-
mons, 7; affidavit cannot be ordered to
be taken off the file, 29; form of warrant
of commitment, 133; jurisdiction of
Court of Review, ib.; enforcing costs
in, 173; what trusts go to assignees,
notwithstanding, alienation clause, 221;
order to consolidate estates of two firms,
426; proof against estate of deceased
partner, ib.; rule as to privileged com-
munications, 94; costs of solicitor, 491;
to bankrupt's own fiat, 266 (see 348);
cannot be awarded as damages by com-
missioner, 491; certificate refused to
bill discounting attorney, 348; for ac-
commodation bills, foreign from business
of partnership, 369; for obtaining goods
to raise money, 527; may be withheld,
Base fee, creation of, 368
where no opposition, 408

BILLS OF EXCHANGE AND PROMISSORY
NOTES:-

Averment of general presentment, when
sufficient, 200; alteration of foreign bill,
256; agreement stamp in promissory
note, 256; evidence under traverse of
indorsement, 261; effect of notice of
dishonour in wrong name, 87
Bond, replication to plea of general perform-

ance, 451

Bottomry, liability of ship and cargo, 451
British and Foreign School Society not
within 6 & 7 Vict. c. 36, 206
Broker's right to commission, 257

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of 3 Geo. 4, c. 23, 225

Copyright, objections under 5 & 6 Vict.
c. 45, 188; action by assignee, 469; license
to publish, effect of, 469; what is piracy,
.although, quotations acknowledged, 277
Coroner's inquisition, signature, statement
of holding, 433; of name, ib.
Corporation, liability upon contracts for ne-

cessaries, 111; clerk to magistrates, right
to compensation, 429; liability to indict-
ment for misfeazance, 468
Costs, in trespass, after payment into court,
89; upon new trials, 82; of remanet, 84;
under tithe Acts, 85; in trespass, 89;
against pauper, 93, 141; upon writ of sum-
mons, 113; under Court of Requests Act,
140; is Crown liable to costs of amend-
ment? 141; upon stay of proceedings, on
payment of debt and costs as between
attorney and client, 234; liability of exe-
cutors, 256; of parties grieved under 5 & 6
Wm. 3, c. 11, attachment issues, after de-
mand, on one of several liable, 256; on
judge's orders, 258; of detaining a witness
when cause made remanet, 259; on plea
of coverture, 259; of action, where amend-
ment made after a remanet, 342

County Court, jurisdiction of, 229
Customs, imprisonment after previous con-
County rates, 226

viction under 8 & 9 Vict. c. 87, s. 105, 143
Court-baron, description of proceedings in,
88; writ of false judgment, 87
Court-leet, obstruction of officers, 225
Covenant, for quiet possession, 82; not to be
implied, 207; by assignee of a mortgaged
term, 280; privity of estate, to justify ac-
tion, 456; joint and several interests, 450;
in marriage settlement, construction of,
223; specific performance of, 505
Coverture is plea of abatement only, 185;
costs on plea of, 259
Criminal information, when refused, 136; for
challenging counsel, 323; practice as to
granting, ib.

CRIMINAL LAW:-

Arson, of gaol, not indictable at common
law, 388;
sedge and rushes" not
"straw" within 7 Wm. 4, and 1 Vict. c.

89, 470.
Embezzlement by assistant overseer, 29.
Larceny in church, statement of property,
265; of a post letter, lucre causa, 285; of
growing trees, under 7 & 8 Vict. c. 29,
301; of goods found by married woman,

388.

Marriage, between Protestants, by Roman
Catholics, felony, 347.
Personation of voter at municipal election,
not indictable, 30.
Evidence, of uttering forged bill 119; in-
ducement by attorney to prosecution ex-
cludes confession, 410; depositions
should not be taken in absence of pri-
soner, 370.
Indictment, for false pretences; suffici-
ency, 227; for ill-treating a lunatic, 251;
when bad, ib.; will lie against corpora-
tion for misfeazance, 468; of employers
of innocent agent as principals, in for-
gery, 7; against attorney for practising
without certificate, 83; against husband
and wife for uttering base coin, 236;
statement of cause of death, 370; vari-
ance in, ib.; for setting fire to gaol, 388;
plea under 6 & 7 Vict. c. 96, s. 6, not

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pleadable to indictment for seditious
1ibel, 546.

Autre fois acquit for misdescription of pro-
perty when pleadable, 432; dilatory plea
must be verified, 9; demurrer, practice
as to, in Ireland, 546; costs to parties
grieved under 5 & 6 Wm. 3, c. 11, 256;
rape, grand jury at sessions may find a
bill for, 388; proceedings under 7 & 8
Vict. c. 29, 301.

DAMAGE, statement of, in action on the
case, 281.

Debt, when maintainable, 115, 161; on a
deed, 84,85.

Dilapidations, liability of executors of incum-
bent, 370.

Distilling, what is, under the Excise Acts,

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Under, never indebted, 62; money lent,
44; advertisement in colonial news-
paper admissible, 62; invoice is not
proof of contract, 66; bill and answer in
Chancery when inadmissible, 80; under
not possessed, 81; admission explained
by evidence, 82; answer in Chancery
not evidence against solicitor who filed
it, 412; of acting as public officers suffi-
cient in ejectment, 139; under return
to mandamus to Courts in India, 180; to
explain written contract, 187, 231; of
co-conspirator admissible, 186; in action
for insertion of advertisements, 236; of
reputation as to reputed manor, 252;
under traverse of indorsement, 261; of
certificate of Apothecaries' Company,
387; log-book and captain's statement
not admissible against underwriters in
an action against them for freight, 452;
of agency as to provisional committee,
452; effect of admission of advertise-
ment, 452; of subsequent promise by
bankrupt, 526; of acknowledgment in
bar of Statute of Limitations, 298; when
specific performance is sought of missing
deed, 425; variance, 136, 210, 211, 469
Exchequer, jurisdiction of, transfer to Chan-

cery, 175

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FACTOR, cannot sell against orders to re-
pay advances, 339

False assertion when actionable, 252
Feigned issue, form of, under 8 & 9 Vict. c.
109, not imperative, 86
Felony, arrest upon suspicion of, 185
Fellowship, assignment of, 222
Fines, upon renewal of leases, adjustment
of in equity, 157
Fishery, notice of action to magistrate under
fishery acts, 91
Fixtures, 109

Foreign law, how pleaded, 184; foreign
judgment, 207

Foreigner, may have a patent, 228
Frauds, statute of, fourth section, 64, 85;
as to executed considerations, 64; as to

guarantee, 186; acceptance of goods,
under, 5, 27

Freight, liability of, to bottomry expenses,

451

GIFT by undue influence cancelled, 105
Goods sold, time to sue for, 44

Grand Junction Canal Acts, construction of,
226

Guarantee, when invalid, 186

Guardian and ward, undue influence, 105
Guardian ad litem, practice as to appoint-
ment will be adhered to, 176 (but see 525);
appointment of wife, husband being
lunatic, 202 (see 337)

HUSBAND AND WIFE:-

Action for wife allowed to be brought in
name of unwilling trustee, 118; eject-
ment by husband against wife, 160;
liability of wife, for arrest upon debt,
dum sola, 406; liability of husband
(Irish) for desertion of wife, 8; in-
dictment of husband and wife for
uttering base coin, 236; construction of
clause against anticipation, 41, 249; ap-
pointment of wife as guardian, where
husband lunatic, 202; wife, may resettle
estate, with clause against alienation,

321

INDICTMENT, compromise of, when legal,
347

Infant, guardian of, at common law, not
recognized in equity, 43; appointment of
guardian ad litem, 176 (but see 525); fresh
defence after majority, 318; custody of,
when wife separated from husband for
violence, 488; costs under 2 & 3 Vict.
c. 74, 489; jurisdiction of Court, as to
custody of infants, and principles of its
exercise, 545; Court will not interfere
where parents live in Ireland, ib.
INJUNCTION:-

Not to be obtained by defendant not hav-
ing personal interest, 27 (see 41); for
piracy of copyright, 277; practice, as
to rules nisi, and drawing up orders
upon, ib.; appearance on, in patent
case, 338; to restrain action at law for
irregular arrest, 367; may be granted,
although specific performances would
not be decreed, 445; against sheriff for
seizing wrong goods, dissolved, 545
Costs, of motion to dissolve, after appeal,
77; motion to dissolve after replication,
and before publication, 223
Information by Attorney-General in equity,
175

Inquisition, on commission, out of Exche-
quer, 233

Insane man, purchase by, effect of, 301
INSOLVENCY AND INSOLVENT COURT:-
Evidence of proceedings, 91; amendment
of schedule under 7 & 8 Vict. c. 96,
s. 30, 45; will not be protected if he
has distributed his own property, 119;
second opposition, rule as to, 189; final
order, under 7 & 8 Vict. c. 96, no bar to
action, 230; must describe himself by
all his names, 266; privilege from arrest,
ib.; sufficiency of residence, 348; may
dispose of after acquired property before
notice by the assignee, under 5 & 6
Vict. c. 116, s. 9, 452; petition, under
7 & 8 Vict. c. 96, must state at head
name, address, and quality, ib.; pro-
visional assignee in redemption suit, not
entitled to costs, 108

SMALL DEBTS ACT:-
Interim order will not protect from com-
mittal under Small Debts Act, 491;
debtor wilfully absent from meetings not
to be protected, 29; application for sum-
mons must be signed by creditor, 119;
payment of instalment due, and costs of
proceedings entitles to discharge, 369;
judgment-roll should state writs partly
executed, 527

Inspection of document, when refused, 234;
granted to allottee of shares, as to sub-
scribers' agreement, 261; where there is
also order for production, 387
Insurance, risks insured against, 81; right
to begin in action upon policy, 232;
meaning of "committing suicide," 342;
notice of assignment, 487
Interest upon voluntary bond, 338; effect
of admission of payment upon mortgage
upon receiver's accounts, 450
Interpleader Act does not protect sheriff
for actual trespass, 259
Judge's order for judgment, rule as to at-
testation, is not obligatory, 142
Judgment, charge upon annuity, 201;
right of creditor to priority by execution
not executed, 467
Judgment as in case of nonsuit, 93; affi-
davit for, 235; peremptory undertaking
may be enlarged, 212

LANDLORD AND TENANT.-Notice to
quit, according to terms of lease, 182; lease
or agreement, 208, 262; notice to quit in
names of several, 208; negligence of te-
nant, ib.; liability of sub-lessee to repair,
226
Legacy, payable at a future time, interest
upon, 107

Legacy duty upon alien's property, 367;
when legacies payable free from, 488
Libel, by comment on sermons, 89; by letters
in newspaper, want of specific reference,
135; plea of apology, and payment into

court, 142; plea under 6 & 7 Vict. c. 96, s.
6, not pleadable to indictment for seditious
libel, 546

Lien, of certificated conveyancer, 211; of
bankers, 525

Lights, obstruction of, 82

Limitations, statute of, good plea to bill of
discovery, 80; admission of interest by reci-
tal insufficient to bar statute as to debt,
298; pending execution of trust does not
run, 299

Literary institutions, rating of, 64, 206
LUNACY:-

Continuance of gratuities allowed by luna-
tic, 77; repayment of advances made to
lunatic, ib.; expenses of elections al-
lowed, 221; commission against person
abroad, 298, 465; appointment of guar-
dian ad litem, 202, 337; reference to in-
quire as to propriety of expenditure by
trustee, 467; expenses by husband of
lunatic not found, 485; payment into
court by committee without prejudice to
account, ib.; order to examine lunatic
abroad, ib.; by committee without pre-
vious order, 525

MARRIAGE between Protestants by Catho-
lic is illegal, 547

Master's office, practice in, 173
Malicious prosecution, evidence of want of
probable cause, 63; proof of one false charge
sufficient, 82

Mandamus, to justices when appeal dismissed
for mistake of name, 117; to verderers of
Waltham Forest, refused, 160; to courts in
India under 13 Geo. 3, c. 63, and 4 Geo. 4,
c. 71, 180; return to, ib.; to railway com-
pany, when void, 346; costs against parish
officers, 204

Manor, evidence of reputation as to reputed,

252

MASTER AND SERVANT:—

Invalid conviction under 4 Geo. 4, c. 36,
205; liability for negligence of servant,
208; declaration for improperly discharg
ing, 225; what is not restraint of trade
in agreement to serve, 340
Medicines, patent, right to recover for, 527
Merger of base fee, 368
Modus, 209

Money had and received, when it will not lie,

83

Money lent, evidence of, 44; transfer of stock
is evidence of, 46
Money paid for purchase of shares, when not
recoverable, 300
"Months," meaning of in conditions of sale,

408

Mortgage, legal effect of not restrained by

covenants and provisoes, 109; taxation of till
after payment, 2; power of sale, sale set
aside, 57; costs upon bill to redeem, 108;
account on bill to redeem, 220; debt not
revived by admission of payment of in-
terest, 208; priority of, on turnpike tolls,
405; of policy, notice essential, 487
Mortgagee, assignee's right upon covenants
for rent, 280

Mortmain Act, 174, 465
MUNICIPAL CORPORATION:-

Appropriating borough rates, 137; per-
sonation of voter at municipal election
not indictable, 30

NEWSPAPER, proof of conformity to 6 & 7
Wm. 4, c. 76, when unnecessary, 236
Notice of action, 91, 139
Notice to members of banking company, 257
Nuisance, right to abate, 180

OUTLAW, cannot tax attorney's bill, 142
Overseer, assistant, is not "clerk or servant'
under embezzlement acts, 29

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Partners, set-off, action by, 85; what is not
a partnership, 281; right to trade mark,
41; bill for contribution parties, 106; evi-
dence of partnership, 156; proof in bank-
ruptcy where two firms consolidated, 427
Patent for steam propellers, 203; surface
motion, 224; what is invention of, 228;
alien may have, ib. ; after invention abroad,
ib.; construction of specification, 283;
form of judgment upon scire facias, 407;
material, is not essence of invention, 431;
effect of appearing upon injunction, 338.
Pauper-may be dispaupered, 90; and com.
pelled to pay costs by one rule, 92; liable
for mistake of attorney, 141; lien of attor-
ney for costs where pauper plaintiff, 259.
Paving Acts, construction of, 341; notice
when condition precedent, ib.
Pawnbroker, right to use pawn, 281.
Policy, assignment of, notice of, 487.
Power, of appointment, fraudulent exercise
of, 135; execution of power, not subject
for Prerogative Court, 445.
PLEADING, CHANCERY:-

Plea-to bill for discovery of documents,
bad, 24; of Statute of Limitations, good,

80.

Parties representatives of settlor of
fraudulent settlement not necessary par-
ties, 25; to bill for contribution, but
not partnership account, 106; in bills as
to railway companies, 156, 176, 337; in
bills for redemption of mortgage, 221;
to bill against surviving executors for
breach of trust, 279; of heirs and next
of kin, in administration suit, 488
Multifariousness, 506; want of equity, ib.

PLEADING, COMMON LAW:-
Declaration-in libel, by letters in news-
papers, 135: in slander, sufficiency of
inuendoes, 177; general verdict, 178;
bad for want of damage as necessary
consequence, 182; declaration for non-
repair, sufficiency of breach, 224; for dis-
charging servant, 225; injury by danger-
ous animals, 231, 253
Pleas-under prescriptive Act, 114; of
apology and payment into court in libel,
142; foreign law, how to be pleaded,
184; of foreign judgment, 207; in tres-
pass, suspicion of felony, 185; in re-
plevin, 201; to debt, on judgment of a
partial levy, bad, 209; in confession and
avoidance in trover, 282
Issuable pleas, 161, 489

De injuria-in trespass, when bad, 157
Pleading, proviso, in statute, 187
PRACTICE, CHANCERY: -

Amendment after replication, 2; discre-
tion in allowing after delay, 57; com-
mon order for when irregular, 250;
answer, reading, as admission, 176; ap-
pearance for infant, 77; distribution of
purchase money suspended, 78; dismissal
of bill pending an interlocutory motion,
221; dismissing bill after decree refused,
108; for want of prosecution, 134, 155,
156, 365; exceptions referring for insuf-
ficiency, 507; filing replication, Easter
vacation, 109, 202; enlarging publica-
tion, 202, 222, 427; retransfer of causes,
317; revivor will not lie for costs only,
230; suppressing depositions by plaintiff
signing as pauper, 469; Master's duty
on reference, 26; practice in Master's
office, 173; order for serjeant-at-arms,
practice as to, 251; sale to plaintiff
without reference to Master, 321; soli-
citor, changing on record, 26; where
plaintiff's solicitor had not taken out
certificate, 526; staying proceedings
pending appeal, 155, 337; after decree
in another suit for administration, 247;
on defendant's application, 525; sub-
poena, service of, abroad, 58, 155, 251,
317; substituted service upon wife, 156;
service on formal parties after amended
bill, 319; motion to take certificate for
commission, off the file, 135.
New Orders, May 1837, 13th, 223; Aug.

1841, 12th, 108: 28th, 367; 32nd, 279;
39th, 80; 46th, 338; 48th, 26; May 1845,
16th, rule, 25, 175, 507; rule, 38, 79;
31st, 3; 32nd, 77, 337; 33rd, 58, 317;
65th and 66th, 2; 68th, 57; 114th, 135,
365; 120th, 154; 117th, 175.
Costs of proceedings for purchase by rail-
way, 3; of puisne incumbrancer in fore-
closure suit, 2; gratuities, as expedition
money, not allowed on taxation, 42; of
petition for transfer of fund after order
of apportionment, 42; on bill to redeem
mortgage, 108; in foreclosure suit, 109;
under 120th Order of May 1845, 154; of
bringing of consent in creditor's suit,
not allowed, 318; of enlarging publica.
tion, 427; security for, when plaintiff has
no permanent residence, 78.
PRACTICE, COMMON LAW:-
Amendment, when refused, 208; appear-
ance wrongly entered is irregularity, 93;
waiver of, ib.; time for, under R. G. E. T.
2 Wm. 4, s. 1, 140, sec. stat.; after
omission to indorse service, 212; notice
of declaration, when irregular, 116; pay-
ment of costs indorsed upon writ, 112;
distringas for outlawry, 142; issue,
under writ of trial, should state teste of
writ, 141; not counsel's signature,
nor date of return, ib.; notice of
trial revoked by commission to ex-
amine witnesses, 28; cause will not
be heard by judge who has acted as
counsel in it, 45; right to begin, 232;
new trials, rule as to costs of, 83; of
cause in County of Lancaster Court, 188;
not granted, if result will be the same,
265; judges' order when to be served,
93; practice of court, in setting aside,
451; judgment when signed upon verdict
subject to award, 88; upon judges' order,
142; peremptory undertaking may be
enlarged, 212; right of Crown to reply
in Exchequer Chamber, 233; second ap-
plication, refusal of, 228; several pleas,
rule as to Court interfering, 61; staying
proceedings in action brought for benefit
of wife in trustee's name, 118; where at-
tachment from Lord Mayor's Court, 188;
upon rule Nisi, without notice, 259;
summons, review of judge's decision
upon, 143, 204, 235; writ of inquiry un-
necessary, 91; certificate may be in
name of sheriff upon writ of trial, 140;
change of attorney, practice as to, 229.
Presumption, Act, pleadings under, 114;
question for the jury as to interruption, 281
Principal and agent, liability upon purchase
of shares by broker, 81, 430
Prinincipal and surety, set off, 260
Privileged communication of attorney to
partner, 66; rule in bankruptcy, 94
Probate, diocesan, sufficiency of, 108; duty of
Prerogative Court as to admission of will
under power, 445; alien, legacy and probate
duty on property of, 367
Probate duty, on property of an alien, 367
Production of documents, rules as to, 24,
153; does not waive privilege in equity,
300; with concurrent order for inspection,

386

Prohibition, when granted, 253
Puffers, employment of at auctions, 92
PUBLIC COMPANY:-

Provisional committeemen, release by
one is good, 46; liable to former mem-
ber of company, 62; extent of liability
of directors, 182, 187, 236, 286, 287.
409, 452, where managing committee,
408; not liable for contracts of engineer,
452; recovery of deposit, 252, 287, 370;
sale of shares by one member not frau-
dulent against others, 27; rights to sue
in equity, 156, 176.

QUARE IMPEDIT, striking out counts, 184
Quo warranto law, as to, 160.

RAILWAY:-

Meaning of shares, 89; sale of scrip le-
gal, 143; sale of spurious scrip, 186;
right of allottee to recover deposits, 262,
217, 370; to inspect deeds of company,
261; as to sale of shares and transfers,
300; mandamus to, when void, 346;
amalgamation of companies, 447, 545;
costs of proceedings for purchase pay-
able by company, 21; suit in equity by
member of company, 156, 176, 337;
construction of compensation clause,
201; after transfer of shares, subscriber
no locus standi, 386; pleas as to regis
ter of company, under 7 & 8 Vict. c. 110,
256, 430, 431

Rape, grand jury may find bill for at ses-

sions, 388

Rates, overseers must furnish copies of, un-

der 17 Geo. 2, c. 3, 82; county, parochial,
and Parliamentary, 226
Rating of literary institutions, 64, 206
Receiver, when appointed, 467
Registration, not necessary for railways, un-
,der 7 & 8 Vict. c. 110, s. 26, 430, 431
Religious Tract Society not within 6 & 7
Vict. c. 64

Remitter, by entry, 368
Replevin, right to distrain by assignee of
rent-charge, 59

Representative, personal, bequest to, mean-
ing of, 52, 66

Restraint of trade, 340
Requests, Court of, right of defendant to
costs under, 140

Right to begin, 233, 340

SALVAGE, claim for, when subsequent want
of skill, 509
Scire facias to repeal patent, form of judg-
Scrip, sale of, is legal, 430, 431
ment, 407
Seduction, loss of service, 469
Sermons, right to comment upon, 89
Separation deed, construction of, as to after-
born children, 278
SESSIONS PRACTICE:-

Service of recognizance under 8 & 9 Vict.
c. 10, 116; appeal not to be dismissed
for erroneous names in the notice, 117;
appeal, entry respecting where no notice
to respondents, 226; may be excluded
from sessions, 256; certiorari to recover
order, grantable ex parte in vacation,
203; costs given against parish on fri-
volous objections to mandamus, 204.
SETTLEMENT AND REMOVAL:-
Certificate of chargeability, identification
of pauper, 83; division of parish, 84;
union of parishes, 227; apprenticeship,
deed, sufficiency of allowance, 84; order
shewing complaint to be within juris-
diction is sufficient, 117; imperfect ap-
prenticeship, 183, 254; exceptive hiring,
ib.; measurement, as to residence for
estate settlement, 204; notice of ap-
prenticeship under 5 & 6 Geo. 3, 139,
294.

Examination.-Sufficiency as to relief
given, 110; as to jurisdiction, 182; as to
relief by officer of parish, and residence
of pauper, 158; of complaint of charge-
ability, 206; as to hiring and service,
date, 205; as to caption, 339; of order of
removal bad as to jurisdiction, 203; as
to jurisdiction of police magistrate,
206; stamp is not part of document
within the rule as to sending copies, 158;
new evidence offered against removal,

204.

Set-off, in mitigation of damage, 260; by
surety, for execution levied to pay debt of
principal, 260

Shares, meaning of, 88
Sheriff, duty of, after notice of rent due, 254
Ship, liability for bottomry, 451; right of

successful suitor to preference in full, 469
Slander, continued discourse, 177; general

damages, 178; when damages not neces-
sary consequence, 182: (see 490)
Specific performance, costs upon bill for,
108; dismissed, where probate doubtful,
ib.; against vendor, refused, when deeds
in possession of wife, 298; dismissed for
non-concurrence of parties necessary by
terms of agreement, 385; of missing deed,
425; where agreement defective, 445; if
agreement void upon principles of public
policy, 486; prayed for by lessee, sub-
lessee not applying, 505
Stamp-banker's cheque, 59; on letter of
attorney, 86; unnecessary on agreement
by assignees to refer to arbitration, 433;
upon agreement of two parts, ib.
STATUTES:-

5 & 6 Wm. 3, c. 11, costs, certiorari, 256
6 Anne, c. 11, abatement, 9

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