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page 567


.... 177

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

residence of landlord – Unfurnished apart-

page 248 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 "Penalty

73 ment of trial -Statutory notice—Adjournment -Costs......

427 Lawrence v. HitchHarrop and another v. Hirst

Toll-Amount of_Immemorially taken-Legality 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

Bastardy-Order of affiliation Application for inhabitant without actual damage to himself 269

a summons - Place of residence of the woman

573 Hastings Petition .....

-Corroborative evidence

482 Higginson, app., v. Hapley, resp.

Layard v. Overy, Mines Summary conviction for disobeying

Exemption from turnpike tolls of clergyman on

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

g. 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

.... 482

Levingston v. Guardians of the Lurgan UnionHughes v. Meyrick

Poor-law guardians-Liability to damages in an Surety-Description -- Rules 19, 22, 27, and 28

action of tort...

68 -Costs

.... 285

Lichfield Election Petition-
Bribery at

law-Treating-Paying 1.

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”.

257 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


s. 73, and 59 Geo. 3, c. 134, s. 26)— Trustee and cestui 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

.... 308

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





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Page 308

Margate Pier and Harbour Company, apps., v. Town Moore, app., v. Town Clerk of Salford, resp.-
Council of Margate acting as Local Board of Health,

Parliament-Right of a woman to appeal from resps. —

a decision of a revising barrister-6 Vict. Naisance removal - Seaweed left by the action of

c. 18, s. 42 the sea - Duty of removal--18 & 19 Vict. c. 121, s. 12..

page 590 Munster, ex parte

Criminal information-Second application Mrtin v. Mackonochie ; Flamank v. Simpson

Practice of the court....

612 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 Neate v. Hart-
ordinary--Rites and ceremonies .


False imprisonment-Notice of action- Larceny

Act 1861 (24 & 25 Vict. c. 96), ss. 51, 103, Martin v. Mackonochie


61 Ritualism-The elevation of the cup-Kneeling -Lighted candles—Incense-Mixing water

Norris, app., v. Pilcher, resp. — with the wine-The rubrics

287 Notice of objection- Duplicate stamped by the

Post office—Variation-Description of objecMatterson v. Elderfield

tor's residence--Registration Act 1843, ss. Mortgage to permanent building society

100, 101

310 Power of sale-Discount on future instalment: 604

Norwich Election PetitionMayor, Aldermen, &c., of Oldham, apps., v. Over

Bribery “By or on behalf of "- Agencyseers of Oldham, &c., resps.

Relation between candidate and agent that of Poor-rate-Municipal corporation—4 & 5 Vict.

master and servant-Form of petition......... 335 c. 48, s. 1-Exemption from liability to be rated..


0. Mayor, &c., of Reigate v. Hart

Oldham Election Petition11 & 12 Vict. c. 43, s. 31-Meaning of word borough ”—Penalties, to whom payable,

Scrutiny-Opening the register--6 Vict, c. 18– treasurer of borough or of county


Mole of procedure-Ambiguous headings to

votes-- Particulars-11 & 12 Vict. c. 98, s. Medwin, app., v. Streeter, resp.

56, rule 7-Receipt of parochial relief

Personation-Residence – Judges' power to Parliament-Borough vote-Claim to be rated

amend barrister's list-Non-payment of rates When claim to be made-Representation of

- Matter for revising barrister Double the People Act 1867 (30 & 31 Vict. c. 102),

occupancy--Tendered votes-Intimidation ... 517 s. 3; 2 Will. 4, c. 45, s. 30


Scrutiny-Application after trial-Classes rejected-Costs

540 Merrall, app., v. Ecclesiastical Commissioners for England, resps.

Osgood v. NelsonLandlord and tenant-Lease by a corporation

Freehold office-Registrar of Sheriff's Court of Absence of a corporate seal — Holding over

City of London - Power of removal - Juris. Implied yearly tenancy-Use and occupation

diction of Court of Common Council - Effect -Power of a corporation to sue on a demise

of County Courts Act--15 Vict. c. lxxvii. s. void for want of seal-Mutuality-Equitable

11-30 & 31 Vict, c. 142, ss. 34, 35......... 465 obligation to perform contract_Consideration 608 Metropolitan Board of Works, apps., v. Clever, resp. —

P. Road formed for building as a street-Back

gardens abutting on new street-25 & Palmer's Shipbuilding Coin pany, apps., v. Chaytor, 26 Vict. c. 102, s. 98


resp.Metropolitan Board of Works v. Metropolitan Railway

Factory-Employment of children -Iron shipbuilding

362 CompanyStatutory right to lateral support-Metropolitan Pease and others v. Norwood and anotherRailway Act 1854 (17 & 18 Vict. c. ccxxi.)

The Parliamentary Elections Act — Sects. 6 Metropolis Local Management Act 1855

(clause 4), 41, and 42-Surety-Costs (18 & 19 Vict. c. 120) .........197, 405

Perryman v. ListerMitton, app., v. Troke, resp.

False imprisonment Plea of justificationBread-Selling otherwise than by weight

Reasonable and probable cause

105 Evidence of—6 & 7 Will. 4, c. 37, s. 4 589

Pigott, ReMoon, app., v. Andrew, resp.

Writ of error-Misdemeanor-Jurisdiction of Parliament-Borough vote_Notice of objection

Lord Chancellor

208 -Description of list—6 Vict. c. 18, schedule B, No. 10


Moone v. Rose-
Gaoler-Discharge of prisoner in custody for

Rabbits v. Wocdward-
contempt of Court of Chancery-Neglect to

Practice— Ecclesiastical law - Sequestration discharge-Forin of action-11 Geo. 4, and

Clergyman's life estate-Consolidated order of 1 Will. 4, c. 36, s. 15, su 5-sect. 5

court, No. 29, rale 11






page 563


page 12

8. 1


8. 7

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Reg. v. Alsop.

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

Election by parishioners of a church warden

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. Graham Rape-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),

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

Reg. v. Guardians of the Medway Unionfact


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 Southampton

Reg. v. Hibbert-
Security for costs-Power of Queen's coroner-
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. Crab

Reg. v. Highway Board of the District of KingsFalse pretences-Obtaining money by pretending

bridge ; ex parte Cornishto carry on a certain business


The Same ; ex parte PittsReg. v. Carine 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

than 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 (luo 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 others— Reg. v. Diprose

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

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

578 Reg. v. DixonEmbezzlement-Servant or agent

Reg. v. Inbabitants of Llantrissant-

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


576 Forgery-Intent to defraud— Trades unionIllegal society

Reg. v. Lumley-

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 removal—Settlement by

Reg. 1. 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. McKalecommitted 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. 6 407


... 249






S. 99 .....


page 292

page 241






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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 Quantum 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 known or Reg. o. Mayor of London,

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

the limits of a greater-Borough- Paris

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

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

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

Explosive substance in condition to explode--
Whether necessary

190 5 & 6 Will. 4, c. 76, s. 92–Payment of cor

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, 8. 2 429

182 Reg. o. Meakio

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

Misdemeanor-Maliciously wounding-Inflicting unencumber d


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—Assessment of

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

Reg. v. Tyrie-Reg. 8. Montgomeryshire, Justices 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

and the Church wardens, &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 parist to repair.....

poor-rate of another parish

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

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

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

whoin 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 Cbristian name--Misnomer

Obscene publications—20 & 21 Vict, c 83, s. I

-Seizure of obscene books--Intention of the Reg. v. Prince

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


Richings v. CordingleyReg. o. Quigley-

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

the church...... taken in the absence of the prisoner-Admis

........ 203 sibility of statement in evidence under the

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

Letiers 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. AdcockLarceny-Jurisdiction-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. o. Russell

Rugg. v. Bishop of WinchesterClerk 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, whetber twelve-Indictment-Attempt.................. 128 necessary-Common ecclesiastical law-Act



......... 582



.... 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, 109.... 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. HainiltonSpecial case ..........

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

Trespass - Artificial reservoir — Underground

escape of water-Consequential damage 209




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 place

185 Sheppard v. Bennett

Letters of request-Discretion of Dean of Arches

to accept or refuse-Refusal to accept-No
grounds alleged - 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 191 Stafford Petition


Taff Vale Railway Company, apps.,

v. Thomas
Davies, resp. -
Railway–Local Act - Public road carried over a

railway-Repair of approaches............ page 231 Talargocl: Company (Limited) v. The Guardians of the St. Asaph Union, Poor-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 freeholil-Actual

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

553 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 Hospital, Westminster v. Motropolitan District Railway Company Compensation 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 Avl, s. 38–What is a

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



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


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........

Watkins, app., v. Church wardens and Overseers of
Milton-next-Gravesend, &c.—
Poor-rate Occupation Exclusive

Licence-Moorings in river--Coal-bulk 119


Stockport Petitions, The

Election petition--Application to withdraw-

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



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