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Halligan v. Ganly-
Sanitary Acts—Common lolging-house-Non-

residence of landlord – Unfurnished apart-

Latymer's Charity, Re-

Charity-Scheme_Trust to clothe and educate Harrington v. Harrington

poor boys"- Mode of extension CapitaLandlord and tenant—Tenants' crops damaged

tion fees...... by rabbits-Claims for damages disallowed ... 606

Lawrence, app., v. King, resp.Hartlepool Election Petition

The Highway Act 1864 (27 & 28 Vict. c. 101), Withdrawing petition—Procedure—Commence

8. 25—Cattle" lying about the highway

ment of trial -Statutory notice-Adjournment

427 Lawrence v. HitchHarrop and another v. Hirst

Toll-Amount of_Immemorially taken-Le

gality of — Varying in amount .................. 109 Right of inhabitants of district to flow of water

by custom Action for interference with flow Lawrence, app., v. Ingmire, resp. —
of water—Whether maintainable by individual
inhabitant without actual damage to himself

Bastardy-Order of affiliation Application for 269

a summons - Place of residence of the woman 482

-Corroborative evidence Hastings Petition

.... 573 Higginson, app., v. Hapley, resp.

Layard v. Overy,

Exemption from turnpike tolls of clergyman on Mines Summary conviction for disobeying

parochial business-Extension of exemption to special rules—Evidence—23 & 24 Vict. c. 151 367

other persons accompanying-3 Geo. 4, c. 126,

150 Hill and another v. Peel and another

8. 32.... Particulars—To what limit to be granted 294 Leverson v. The Queen (in error)

Central Criminal Court-Constitution of the Holford, app., v. George, resp.

Court- Presence of the same two judges Salmon Fishery Acts—Fixed engines-Evidence

during a trial-Sitting in separate courtsof immemorial user


- Jurisdiction of the Judge of the London Small Debts Court

599 Horsham Petition


Levingston v. Guardians of the Lurgan UnionHughes v. Meyrick

Poor-law guardians-Liability to damages in an Sarety—Description_Rules 19, 22, 27, and 28

action of tort.....

68 -Costs

Lichfield Election Petition-
Bribery at

law— Treating-Paying I.

travelling expenses of person not entitled to

vote-Influence—When exercise of illegal — Inchbald v. Robinson ; Inch bald v. Barrington

Suspicion-Inferential evidence- Promises 437 Nuisance-Noise-Performance at a circus

London, Chatham, and Dover Railway Company v.
Crowds of disorderly persons—Injunction-

Mayor of the City of London-
Whether fact of a nuisance should be deter-

The Holborn Valley Improvement Act 1864, stats. mined by a jury-Sir John Rolt's Act (stat.

27 & 28 Vict. c. 61 (Local and Personal 25 & 26 Vict. c. 42)


Acts)—Primary meaning of the words " street

or roadway J.

Lloyd v. Burrup and another

District Church - Minister's stipend— Payment Jackson v. Sir R. Mayne

of, out of pew rents—Duty of churchwardens Libel-Police-sheets-- Privileges ...... 256

relative thereto — Application of pew rents

paid in advance to arrears of stipend Jenkins, Clerk, and Attorney-General of Bermuda,

Minister's right of action against churchEx parte

wardens for arrears-Rents collected by Bermuda-Bishop of Newfoundland-Status of

outgoing and not paid over to incoming colonial bishops — Institution — Induction

churchwardens-Liability of the latter for Writ de vi laicā removenda —Court of Chancery

Church Building Acts (58 Geo. 3, c. 45, in Bermuda


$. 73, and 59 Geo. 3, c. 134, s. 26)— Trustee and ceslui que trust....

370 Jones, app., v. Babb, resp.

Borough voter-Rates “made " during qualifying year of occupation—30 & 31 Vict. c, 102,

M. 8. 3


McFadzen v. Mayor, &c., of Liverpool Jones, app., v. Jones, resp.

Practice-Interrogatories under sect. 51 of ComDescription of a county voter's qualification

mon Law Procedure Act 1854-Action against Lease for life.-The Registration Act 1843

a corporation for malicious arrest and false (6 Vict. c. 18), ss. 40, 101 .....


imprisonment and wrongful dismissal — Appli

cation to exhibit interrogatories to town clerk Jones, app., v. Pritchard, resp.

Bona fides of proposed questions-Discretion Notice of objection-Objector's residence......... 310 of court

...... 124


......... 257



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Margate Pier and Harbour Company, apps., v. Town

Council of Margate acting as Local Board of Health,
Nuisance removal - Seaweed left by the action of

the sea - Duty of removal--18 & 19 Vict.

c. 121, s. 12............ M: rtin v. Mackonochie ; Flamank v. Simpson

The celebration of the Holy Communion--Eleva

tion of the elements-Mixed chalice--Exces-
sive kneeling--Lighted candles --Incense--
Injunctions of 1547 -- Discretion of the
ordinary--Rites and ceremonies

26 Martin v. Mackonochie

Ritualism—The elevation of the cup-Kneeling

-Lighted candles—Incense-Mising water
with the wine- The rubrics


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Matterson v. Elderfield

Mortgage to permanent building society

Power of sale-Discount on future instalment* 604

Norris, app., o. Pilcher, resp.

Notice of objection-Duplicate stamped by the

Post office --Variation-Description of objec-
tor's residence---Registration Act 1843, ss.
100, 101

310 Norwich Election Petition

Bribery —"By or on bebalf of "— Agency

Relation between candidate and agent that of master and servant-Form of petition......... 335

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Oldham Election Petition

Scrutiny-Opening the register—6 Vict. c. 18–

Mode of procedure—Ambiguous headings to
votes- Particulars-11 & 12 Vict. c. 98, s.
56, rule 7-Receipt of parochial relief-
Personation--Residence — Judges' power to
amend barrister's list-Non-payment of rates

Matter for revising barrister Double
occupancy--Tendered votes--Intimidation ...

517 Scrutiny-Application after trial-Classes rejected— Costs

540 Osgood v. Nelson-

Freehold office-Registrar of Sheriff's Court of

City of London-Power of removal - Juris.
diction of Court of Common Council-Effect
of County Courts Act-15 Vict. c. lxxvii. s.
11-30 & 31 Vict. c. 142, ss. 34, 35......... 465


Mayor, &c., of Reigate v. Hart

11 & 12 Vict. c. 43, s. 31-Meaning of word

"borough "_Penalties, to whom payable,
treasurer of borough or of county

18 Medwin, app., v. Streeter, resp.

Parliament-Borough vote-Claim to be rated

When claim to be made—Representation of
the People Act 1867 (30 & 31 Vict. c. 102),
8.3; 2 Will. 4, c. 45, s. 30

Merrall, app., v. Ecelesiastical Commissioners for
England, resps.“
Landlord and tenant-Lease by a corporation-

Absence of a corporate seal — Holding over-
Implied yearly tenancy-Use and occupation
-Power of a corporation to sue on a demise
void for want of seal-Mutuality-Equitable

obligation to perform contract-Consideration 608 Metropolitan Board of Works, apps., v. Clever, resp.

Road formed for buildiog as a street-Back

gardens abutting on & new street-25 &
26 Vict. c. 102, s. 98

Metropolitan Board of Works v. Metropolitan Railway
Company -
Statutory right to lateral support-Metropolitan

Railway Act 1854 (17 & 18 Vict. c. ccxxi.)
Metropolis Local Management Act 1855
(18 & 19 Vict. c. 120)

.............197, 405 Mitton, app., v. Troke, resp.

Bread-Selling otherwise than by weight

Evidence of—6 & 7 Will. 4, c. 37, s. 4 589 Moon, app., v. Andrew, resp.

Parliament-Borough vote-Notice of objection

-Description of list—6 Vict. c. 18, sche-
dule B, No. 10 ......

330 Moone v. Rose

Gaoler-Discharge of prisoner in custody for

contempt of Court of Chancery-Neglect to
discharge-Form of action-11 Geo. 4, and
1 Will. 4, c. 36, 8. 15, sub-sect. 5

Palmer's Shipbuilding Coinpany, apps., v. Chaytor,
Factory-Employment of children --Iron ship-

362 Pease and others v. Norwood and another

The Parliamentary Elections Act — Sects. 6

(clause 4), 41, and 42-Surety-Costs 294 Perryman v. Lister

False imprisonment – Plea of justification-
Reasonable and probable cause ..................

105 Pigott, Re

Writ of error-Misdemeanor-Jurisdiction of
Lord Chancellor



Rabbits v. Wocdward

Practice-Ecelesiastical law — Sequestration

Clergy man's life estate—Consolidated order of
court, No. 29, rule 11


............. 615

page 563

page 12

8. 7



Reg. v. Freeman (Clerk) – Perjury—Materiality.......

Election by parishioners of a churchwarden

Claim of exemption-Appointment of another Reg. v. Anderson

person-Conditional re-election—Mandamus Murder--Foreigner---British ship-Jurisdiction 266 against an archdeacon Reg. v. Barrow

Reg v. GrahamRape-What amounts to

255 Bankruptcy—Indictment for misdemeanor under

-Criminal proceedings pending examinaReg. v. Brackenridge and King

nations of bankrupt-Competency of-Costs 24 Forgery—Engraving plate of a Scotch bank-note - Jurisdiction

66 Reg. v. Great Western Railway Company,

Poor-rate—Valuation list — Appeal — Notice to Reg. v. Burrows

assessment committee Union Assessment False pretences—Evidence


Committee Act 1864 (27 & 28 Vict. c. 39), 8. 1

596 Reg. v. Clegg, Perjury-Incompetency of witness- Mistake of

Reg. v. Guardians of the Medway Unionfact

189 Appeal-Lunatic pauper-Order of maintenance

-Right of appeal in parish affairs—15 & 16 Reg. 1. Cohen

Vict. c. 97, s. 108–24 & 25 Vict. c. 55, Baron and feme — Larceny Wife not acting

89 under control of her husband


Reg. v. HalfordReg. v. Commissioners for Improving the Town and


64 Harbour of SouthamptonSecurity for costs-Power of Queen's coroner,

Reg. v. Hibbert-
Lapse of time—Right to security lost by delay 607

Abduction—Taking out of father's possession-
24 & 25 Vict. c. 100, s. 55

428 Reg. v. CrabFalse pretences-Obtaining money by pretending

Reg. v. Highway Board of the District of Kings

bridge ; ex parte Cornishto carry on a certain business


The Same ; ex parte PittsReg. v. Curine and another (Justices of Dorchester);

Highway-—Expenses incurred in opposing a Bill ex parte Faber

in Parliament-27 & 28 Vict. c. 101, s. 32... 98 Bastardy_Order of affiliation Payment of more

tban thirteen weeks' arrears due before the Reg. v. Jenkins-
making of the order

104 Evidence-Dying declaration - Admissibility ... 560 Reg. v. Davis

Reg. v. Justices of Westmoreland ; Mayor, Aldermen, False pretences— Evidence


and Burgesses of Kendal, apps., Justices of West

moreland, resps.— Reg. v. Diplock

Quarter sessions · Power of adjournment (duo warranto--Plea of several matters--Power

Adjournment over an intermediate sessions 59 of Crown to traverse and demur at same time 245

Reg. v. Kean and othersReg. v. Diprose

Evidence--Bankruptcy examinations—12 & 13 Embezzlement-Friendly society, Secretary 249

Vict. c. 106, s. 117–24 & 25 Vict. c. 134, 8, 203

578 Reg. v. Dixon Embezzlement-Servant or agent

Reg. v. Inbabitants of Llantrissant-

Poor-rate-Railway-Branch line-Contributive Reg. v. Dodd-


..... 576 Forgery-Intent to defraud-Trades unionIllegal society

Reg. v. Lumley13

Bigamy-Onus of proof of first husband or wife Reg. v. Exeter, Inhabitants of the City of —

being alive at the time of the second marriage 564 Poor Law-Order of remoral-Settlement by

Reg. v. M'Cann and anotherrenting a tenement—Declaration of a deceased

Poor-rate tenant


- Rateability — Occupation by the

Crown-Corporation as servants of the Reg. v. Eyre

Crown—Commissioners of Works and Public 11 & 12 Vict. c. 42, ss. 2, 17, 20, 25-11 & 12

buildings--Chelsea Bridge

202 Will. 3, c. 12, and 42 Geo. 3, c. 85 - Offences

Reg. v. McKale committed by governors, &c., beyond seas

Larceny-False pretences—Property when not under-Summary jurisdiction of magistrates

parted with

.... 65 -Taking of depositions


Reg. v. MarsdenReg. v. Fawcett and others (Justices of Durham);

Assault on constable-Unlawful apprehension Ex parte Hodson

-- Continuous pursuit

62 Application to justices for a summons—Refusal to grant-Non-exercise of judicial functions Reg. v. Martin and others (Justices of Glamorgan-Vexatious Indictments Act

272 shire)

Poor-law-Overseer of the poor-Bankruptcy of Reg. v. Firth

- Deficiency in his accounts—Recovery of — Larceny-Continuous act—24 & 25 Vict. c. 96,

7 & 8 Vict. c. 101, s. 32 ; 4 & 5 Will. 4, c. 76, 8. 6

s. 99

..... 401


page 292

page 241


INDEX TO NAMES OF CASES. Reg. v. Mayor of Exeter (Dipsdale's case)

Reg. v. Sculcoats, Inhabitants of 5 & 6 Will. 4, c. 76, s. 9–Rectification of

Suspended order of removal-Cost of maintenance burgess roll-Residence within the borough

- When recoverable-35 Geo. 3, c. 101, s. 2 Quantam of residence-- Mandamus-Status

-49 Geo. 3, c. 124, s. 3—9 & 10 Vict. c. 66, of objecting burgess—Service of rule

s. 1-28 & 29 Vict. c. 79, s. 8 Reg. o. Mayor of Exeter (Westcoinb's case)

Reg. v. Secretary of State for the Home Department 5 & 6 Will. 4, c. 76, s. 9--Rectification of Re Borough and Parish of Lymington — burgess roll-Residence within the borough

Local Government Act 1858 (21 & 22 Vict. c. 98) - Mandamus


-Power to adopt-Places having a knowo or Reg. o. Mayor of London

defined boundary-Less place included within Writ of restitution - Larceny-Jurisdiction of

the limits of a greater-Borough- Parish

Order of Secretary of State-Certiorari ... 237 Court of Queen's Bench- 24 & 25 Vict. c. 96, 8. 100

613 Reg. v. Shepherd and othersReg. v. Mayor, &c., of Tamworth ; (Ex parte The

Indictment under 24 & 25 Vict. c. 97, s. 10– Mayor, Aldermen, and Burgesses of Tarnworth)

Explosive substance in condition to explode-5 & 6 Will. 4, c. 76, s. 92–Payment of cor

Whether necessary porate costs out of borough fund-Bonâ fides 293 Reg. v. ShickleReg v. Mayor, Aldermen, and Burgesses of Tewkes

Larceny—Young partridges

253 bury

Reg. v. Summers, Town councillor — Disqualification - Effect of knowledge of fact constituting disqualification

Term of penal servitude — Misdemeanor - Ignorance of law


Previous conviction-27 & 28 Vict. c. 47, s. 2 429 Reg. o. Meakin—

Reg. v. Taylor ; Reg. v. Canwell and DunnFalse pretences-Representation that goods were

Misdemeanor—Maliciously wounding-Inflicting uneocumber d

580 grevious bodily harm—Common assault 563 Reg. v. Metropolitan Board of Works

Reg. v. TwissPoor-rate--Beneficial occupation, The Metro

Consecrated ground-Faculty to desecratepolitan Board of Works—Assessinent of

Ecclesiastical Court--Prohibition.......... 583 sewers and other works connected therewith... 233

Reg. v. Tyrie-Reg. o. Montgomeryshire, Jastices of —

Embezzlement--Friendly society-Treasurer ... 381 Appeal to sessions against an order of settlement

-Right of respondent to costs – Rules of Reg. v.Watson; (Re Watson, app., an appeal between, sessions—Declining jurisdiction

... 379

and the Churchiwardens, &c., of the Parish of

Hessle, resps. — Reg. v. Newbold, Inhabitants of

Poor-rate-Lands liable for tithes and ecclesiasHighway-Repair -Evidence as to liability of

tical dues in one parish, and assessable to the parisu to repair......

poor-rate of another parish

............ 100 Reg. o. Peek and others (Justices of Devonport)

Reg. v. Westeru, Appeal-Costs—To whom payable-Order bad

Indictment-Misdescription of justices before in part-12 & 13 Vict. c. 45, s. 5; 11 & 12

whom perjury alleged to have been committed 63 Vict. c. 43, s. 27 .....

Reg. v. Recorder of Wolverhampton ; In the matter Reg. o. Plenty

of an appeal of Scott, app., v. Justices of WolverMunicipal corporation-Voting papers-Initial hampton, resps. — letters for Christian name--Misnomer


Obscene publications—20 & 21 Vict, c 83, s. 1 Reg. v. Prince

--Seizure of obscene books—Intention of the

possessor-Order for destruction of books...... 75 Larceny-Agent parting with property


Richings v. CordingleyReg. o. Quigley-

Church warden-Ornaments-Right to keys of Indictinent for murder--Statement of deceased

the church........

taken in the absence of the prisoner-Admis-
sibility of statement in evidence under the

Rippin and another o. Bastin-
30 & 31 Vict. c. 35, s. 6—Notice to prisoner
of intention to take the statement-Operation

Letters of request must be moved by counsel of act in the absence of notice-Dying declara

-Practice-Couch-rate-Advance by comtion ....


missioners—"Church” including "chancel" 619 Reg. o. Rogers and others-

Ross v. Adcock Larceny-Jarisdiction—Transmission of stolen

Waste-Digging gravel --Rector--Action by property into another county-Railway

successor against representatives of a de24 & 25 Vict. c. 96, s. 14

ceased rector..............

222 Reg. v. Russell

Rugg. v. Bishop of Winchester Clerk of the peace-Removal of sessions-Re

Two chapelries united into a separate beneficeviewing decision of


Church in each of the chapelries-Duty of

incuinbent of benefice as to Sunday services Reg. v. Ryland

Service in each-Church pulled down and reCarnal knowledge of a girl between ten and

built on same site-Reconsecration, whether twelve-Indictment-Attempt.......... 128

necessary-Common ecclesiastical law-Act




page 313

of Uniformity (13 & 14 Car. 2, c. 4), s. 2--
Ecclesiastical offence under Church Discipline
Act (3 & 4 Vict. c. 86)—Proceedings under

1 & 2 Vict. c. 106, ss. 77, Rugg v. Kingsmill

Vault under chapel — Performance of service by

incumbent in unconsecrated ground-Discre-
tion of ordinary to grant faculty to bury in
the chancel or body of a church

1 Ryder v. HamiltonSpecial case

...... 295 Rylands v. Fletcher and another

Trespass — Artificial reservoir — Underground

escape of water-Consequential damage 209

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Salford Election Petition

Hiring of roughs—Conveyance of voters to the

poll — Treating - Drunkenness of voters—
Undue influence-General violence not alleged
in petition-Beerhouse-keeper's accounts,
Evidence-Custom of borough-Payment of
day's wages to partisan's employés engaged in
election—Offers of bribes— Isolated payments
of trifling sums—Agency....

498 Salisbury Election Petition ; Ryder v. Hamilton-

Scrutiny-Non-payment of rates-Express de

cision of revising barrister-Registration Act
1843 (6 Vict. c. 18), s. 98

569 Shaw, app., v. Morley, resp.

Betting houses—Temporary structure on race

course for betting purposes— Conviction for
conducting the business of same under 16 & 17
Vict. c. 119, s. 3—" office" or
Construction ....

185 Sheppard v. Bennett

Letters of request-Discretion of Dean of Arches

to accept or refuse-Refusal to accept-No
grounds allezed – Heresy-23 Hen. 8, c. 9—
3 & 4 Vict. c. 86, s. 13

620 Springhead Spinning Company (Limited) v. Riley-

Demurrer— Trades union - Jurisdiction-6 Geo. 4,

c. 129– Injury to property-Injunction

Taff Vale Railway Company, apps.,

v. Thoinas
Davies, resp. —
Railway-Local Act-Public road carried over a

railway-Repair of approaches............ page 231 Talargock Company (Limited) v. The Guardians of the St. Asaph UnionPoor-rate-- Rateability of artificial watercourse

conveying water to lead mine--Agricultural or
enhanced value of land.....

175 Tamworth Election Petition

Agency--Coalition of candidates — Bribery-
Treating—Undue influence by land agent-
General drunkenness—Agency by adoption
Employment of “private police"-Employ-
ment of voters—The law as to-Evidence-
Procedure-Effect of opening cases not proved

482 Thomas and others v. Wylie and another ; Broad and others v. Fowler and anotherElection petitions- Recognisances-Sufficiency

of—The Parliamentary Elections Act 1868
(31 & 32 Vict. c. 125)....

282 Tomlinson, Richard, Ex parte

Conviction - Certiorari to remove- Recognisance

Absence of the defendant-Enlargement of the
return to the certiorari....

538 Treacher's Settlement, Re

Practice-Petition-Produce of leaseholds -
Metropolis Improvement Act 1863

172 Trenfield, app., v. Lowe, resp. —

Vote for a county-Equitable freehold — Actual

and bonâ fide occupation—2 Will. 4, c. 45,
s. 18-30 & 31 Vict. c. 102, s. 5

533 Trotter, app., v. Watson, resp.-

Qualification for county franchise-Equitable

leasehold estate--Member of a building society
-30 & 31 Vict. c. 102, s. 5

461 Trustees of Emanuel H«spital, Westminster v. Metropolitan District Railway CompanyCompensation for land-Suggested want of

jurisdiction of the tribunal - Acquiescence-

369 Tulk v. Metropolitan Board of Works

The 26 Vict. c. 13 (the Act for protection of

public gardens and pleasure grounds)-Its
construction-Places irrevocably set apart for
the public use or enjoyment

.... 188 Turner v. Bryett,

Metropolis Building Act, s. 38–What is a

separate building---Surveyor's fee........... 67

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Stafford Election Petition

Particulars of accounts-Inspection of vouchers 517 Staleybridge Election Petition


Delegated authority to bring up voters 450 Stevens v. Copp

Landlord and Tenant-Condition in lease for re

entry on conviction of occupier of any offence
against the game laws-Shooting without
taking out certificate-Whether an offence
against the game laws, or only against the
revenue-23 & 24 Vict. c. 90, s. 4--Covenant
running with the land- Ejectment by assignee
of reversion-22 Hen. 8, c. 34......

376 Summons, A, ReParliamentary Elections Act

Before whom to be heard

286 Stockport Petitions, The

Election petition--Application to withdraw

Memorial by electors-Practice--Costs......... 409

Wallingford Election Petition

Treating - Public-house scores Quantity —
Corrupt motives— Agency......

434 Warrington Election Peition

Voting tickets-Mode of voting-Inefficiency of

poll clerk-Irregularity in taking poll — What
necessary to avoid an election-Adding ten-

dered votes at trial - Procedure......... 418
Watkins, app., v. Church wardens and Overseers of
Milton-nest-Gravesend, &c.—
Poor-rate Occupation Exclusive

Licence-Moorings in river--Coal-bulk 119



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