and appearance the plaintiff signs judgment. (Vol. v. p. 3; vol. vi. p. 23.) To obtain leave to appear the defendant must either pay into Court the plaintiff's claim, or show on affidavit that there is a defence, or that it is incumbent on the holder to prove consideration. (Vol. v. p. 3; vol. vi. pp. 109, 153.) The summary procedure on Bills of Exchange Act, 1856, applies to bills and notes not more than six months overdue-one writ may be issued against all the parties to the bill or note, but the subsequent proceedings are against each party. (Vol. v. pp. 3, 29, 132.)

BILLS OF LADING.-[Vol. v. p. 3.1-What?-A bill of lading is a receipt from the master of a vessel to the shipper of goods (the consignor), undertaking to deliver the goods (on payment for carriage) to some third person (the consignee); where the shipper engages the whole ship a charter-party is used. (Vol. v. pp. 33, 134; see Law Dict. pp. 56, 151.)

BILLS OF SALE.-[Vol v. p. 3.]—Filing.—A bill of sale must be filed within twenty-one days from the making, where possession of the goods is not given. (Vol v. pp. 3, 310; vol. vi. p. 2.) With a bill of sale an affidavit of the time of giving, and residences and occupations of the giver and attesting witness, must be filed. (Vol. v. pp. 3, 310; vol. vi. p. 2.)

CARRIERS.-Loss of goods.-The purchaser of goods forwarded by a carrier (except where there is a special contract by the vendor employing the carrier, or the property has not passed, &c.) is, in general, the proper person to sue the carrier for the loss of the goods. (Vol. v. p. 170.)

CHARTER-PARTY.-Defined.-A charter-party is an agreement by indenture for the hire of a ship for some voyage or time for an agreed sum. (Vol v. pp. 33, 134; see Law Dict. p. 121, tit. "Charter-party," where the distinction between it and a bill of lading is mentioned.)

CONTRACTS.-[Vol. v. pp. 3, 4.]-Specialties and simple contracts—Writing.-A specialty debt is one under a deed; a simple contract debt is one not under a deed. (Vol. v. pp. 3, 4, 142.) A verbal order for goods to the amount of £100 is not binding unless the party pays part of price or receives part of goods. (Vol. v. pp. 5, 141, 142; vol. vi. 236; vol. vii. p. 3.)

DISTRESS.-[Vol. v. p. 4].-Goods of stranger-At inn.-The goods of a stranger on the tenant's premises may be seized on a distress for rent, except delivered to the tenant in the way of his trade to improve, or being goods of a guest at an inn, &c. (Vol. v. p. 33, 134.) Goods of guests at an inn are not distrainable for rent in arrear. (Vol. v. p. 309; vol. vi. p. 1.)

FATHER AND CHILD.-[Vol. v. p. 5.]-Debts of child.-A father is not liable for necessaries supplied to his infant child, unless living with him and unsupplied with necessaries. (Vol. v. pp. 5, 142.)

FRAUDS, STATUTE OF.-[Vol. v. p. 5.]—Contracts, writing.— The following contracts are required to be in writing :-To charge a personal representative personally; a guarantee for another's debt, &c.; in consideration of marriage; sale of lands, &c.; where performance not within a year; for sale of goods of price of £10 or upwards, unless there is acceptance of the goods or part thereof, or part payment. (Vol. v. pp. 4, 5, 141, 142; vol. vi. p. 236; vol. vii. p. 3.)

GUARANTEES.-[Vol. v. p. 5.]-Writing-ConsiderationPersons not interested.-A guarantee must be in writing, but the consideration need not now be expressed. (Vol. v. p. 5; vol. vi. pp. 24, 48.) If a guarantee be given to several persons not interested in the subject matter, the persons really interested may sue unless the guarantee was by deed. (Vol. v. p. 310.)

HUSBAND AND WIFE.-Debts of wife before and during coverture-Wife's choses in action-Appearance.-Husband and wife must join in suing, and both must be sued in respect of debts due to or from the wife before the marriage. (Vol. v. pp. 5, 141 ; vol. vi. p. 235; vol. vii. p. 3.) For debts incurred by wife during coverture, with assent, &c., of husband, he is liable; so without assent if he wrongfully turns her away, or if living apart without a suitable maintenance, unless she has eloped, &c. (Vol. v. p. 5; vol. vi. p. 235.) A husband is liable during the coverture for debts of his wife incurred dum sola; after her death the husband is not liable, except he becomes her administrator. (Vol. v. p. 5 ; vol. vi. p. 111.) Choses in action, accruing to a feme covert, survive to her, unless the husband reduces them into possession, as he may, by suing for them. (Vol. v. pp. 5, 69.) A wife sued alone cannot appear by attorney; if she succeeds on a plea of coverture, it is not clear to what costs she is entitled. (Vol. vi. p. 111.)

INFANT. [Vol. v. p. 6.]-Liability on contracts.-An infant is liable on contracts only for necessaries suitable to his station. After attaining twenty-one, he may, by writing, confirm any other contract. (Vol. v. p. 6; vol. vi. p. 24.)

INNKEEPER.-Losses by guests.-An innkeeper is not liable for loss of or injury to goods or property (not being a horse, &c.) of guest to a greater amount than £30, unless through wilful act of innkeeper or servant, or unless deposited for safe custody. (Vol. v. pp. 32, 134.)

INTEREST.-[Vol. v. p. 6.]—When payable.—At common law interest is not payable impliedly, except on bills, notes, bonds, awards, and accounts stated. (Vol. v. p. 6; vol. vi. pp. 113, 154.) A jury may allow interest on debts though not agreed for; if no writing there must be a written notice that interest will be claimed from date, &c. (Vol. v. pp. 6, 170, 293.)

LANDLORD AND TENANT.-Notice to quit-Recovering Rent. -A notice to quit on a yearly tenancy must be a half-year's; on a

monthly letting, a month's; on a weekly letting, a week's. (Vol. v. p. 6; vol. vi. p. 111.) A notice to quit need not be in writing; the service should be on the tenant and not on the under tenant. (Vol. v. pp. 6, 171.) Rent in arrear is usually recovered by distress. If the tenant's good are seized on an execution, notice of rent being arrear should be given, and one year's arrear (except in county court cases) must be paid. (Vol. vi. p. 236; vol vii. p. 3.)

LEASE.-Contract for.-On breach of a contract to grant a lease, an action at law for damages or suit in equity (or county court if not exceeding £500; sce Willcox v. Marshall, 2 Week. Notes, 29) for specific performance may be sustained. (Vol. v. p. 310; vol. vi. p. 3.)

LIEN.-Special and general-Warehouse rent—Adjustment.Particular liens are in respect of labour or money expended on goods, &c., general liens are in respect of a general balance of accounts, either on express agreement or by implication of law as from usage, &c., or course of dealing. (Vol. v. p. 163.) A person detaining a chattel by way of lien, cannot charge for warehouse rent. (Vol. v. p. 309.) An agister of cattle has no lien on them, unless by agreement. (Vol. vi. pp. 129, 193.)

LIMITATIONS, STATUTE.-[Vol. v. p. 6.]-Specialties and simple contracts.-Specialties are barred after twenty years, and simple contracts after six years, unless there be acknowledgment or disabilities. (Vol. v. p. 6; vol. vi. p. 234; vol. vii. p. 3.)

LOST BILL.-Offer of indemnity.-Where a bill or other negotiable instrument is lost, if a proper indemnity is offered to the debtor, he cannot set up the loss as a defence. (Vol. v. pp. 6, 29, 132.) MASTER AND SERVANT.-Dismissal-Negligence of fellow servant-Death.-A menial servant may be dismissed on a month's notice ; and without notice if disobedient or absent without leave, &c. (Vol. vi. p. 130.) A master is not, in general, liable to his own servant for an injury done by a fellow-servant. (Vol. v. p. 309; vol. vi. p. 1.) The death of a master dissolves a contract for hiring and service. (Vol. v. p. 309.)

PARTIES TO ACTIONS.-[Vol. v. p. 60.]—Administrator.— An administrator of a sole executor cannot recover debts due to the testator; an administrator de bonis non is the proper party. (Vol. vi. pp. 24, 48.)

PARTNERS.-[Vol. v. p. 6.]—Suing each other.-One partner cannot sue his co-partner for a share of money received on account of the firm. (Vol. v. pp. 6, 142, 237, 238, 292, 294.) Where a partner wrongfully issues a note in the name of the firm, his copartner, who has paid the note, may sue the partner who issued it. (Vol. v. pp. 172, 292, 294.)

REPLEVIN. [Vol. v. p. 61.]-Distress.-If a man's goods are distrained for rent not due, the goods should be replevied. (Vol. v. p. 61; vol. vi. pp. 139, 193.)

SIX CARPENTERS' CASE.-This case decides that if a man abuses an authority given him by the law, he is a trespasser ab initio; but otherwise if given him by the party. (Vol. vi. pp. 112, 154.) SLANDER.-An action lies for malicious, defamatory, or scandalous words, charging a person with something penal, impairing his trade, or affecting him in a public trust, &c. (Vol. vi. pp. 131, 193, 194.)

COMMON LAW-PRACTICE SUBJECTS..

ACTIONS.-[Vol. v. p. 57.]-Local and Transitory—Joinder — Steps in-Notice of.-Actions are either local or transitory; local, where they could happen in one county only; transitory, where they might have happened anywhere. The venue of an action lepends upon this distinction. (Vol. v. pp. 29, 57, 132.) No other cause of action can be joined in a replevin suit. (Vol. v. p. 310.) If a father and his infant child be injured by the same tortious act separate actions must be brought. (Vol. vi. p. 112.) Causes of action upon a deed for trespass and libel may be joined, if by and against the same parties and in the same rights. Causes of action by one in his own right and in autre droit cannot be joined. (Vol. v. pp. 170, 292.) The steps in an action are: suing out and serving writ of summons, appearance, delivery of declaration, with notice to plead ; plea, replication, issue, notice of trial, setting down cause and entering record, evidence, including notices to produce and admit, subpoenaing witnesses; trial and verdict, signing judgment, taxing costs, and suing out execution. (Vol i. p. 221; vol. v. pp, 142, 143; vol. vi. p. 21.) In certain cases, such as actions against justices, public officers, &c., notice of action is requisite; otherwise, an action may be brought without a previous intimation. (Vol. v. p. 68.) Notices of action required by statutes prior to the 5 & 6 Vict. c. 97 must be given one calendar month before action. (Vol. v. pp. 57, 68.).

APPEARANCE.-[Vol. v. p. 57.]—Infant.—An infant cannot appear to a writ except by a guardian. (Vol. v. p. 31.)

ARBITRATION.-[Vol. v. p. 57.]-Compulsory-Costs of reference. An action involving mere matters of account may be referred by the parties or by a judge. (Vol. v. p. 57; vol. vi. p. 233; vol. vii. p. 1.) Where all matters in difference, not in a cause, are referred, the costs to abide the event, and the award is partly in favour of each party, neither will be entitled to costs. (Vol. v. pp. 32, 134.)

ARREST.-[Vol. v. p. 57.]-Capias.-Capias is a writ to arrest a defendant about to leave the country. (Vol. v. p. 57; vol. vi. p. 233; vol. vii. p. 1.)

COSTS.-[Vol. v. p. 38.]-Order or certificate-Arrest of judgment-Payment into Court-Preparing for trial-Of the day

Taxing-Remedy for.-An order or certificate for costs is required where less than £20 is recovered in contract, or 40s. in trespass or case, or £5 in other torts. (Vol. v. p. 58; vol. vi. pp. 129, 193.) On verdict for not exceeding £20, if the judge certifies that there was reason for bringing the action in a superior Court, the plaintiff is entitled to costs; if the judge certified that the cause was proper to be tried in a superior Court, the costs would be on the higher scale. (Vol. v. p. 58; vol. vi. pp. 109, 153.) Where judgment is arrested the defendant will have the general costs, but the plaintiff will be entitled to set off the costs of any issues of fact (though arising out of defective declaration) upon which the plaintiff succeeded. (Vol. v. p. 171.) Where the plaintiff accepts money out of Court in satisfaction he is entitled to the costs of the cause in respect thereof up to such acceptance. (Vol. v. p. 58; vol. vi. pp. 110, 153.) Costs of brief and other preparations for trial are not allowed where no notice of trial has been given. (Vol. v. p, 31.) The costs of the day are the expenses occasioned by the party's default, which have thereby become useless. (Vol. v. p. 172.) One day's notice of taxing costs is sufficient. (Vol. v. p. 310.) The costs on a judgment are enforced by execution; on a rule, either by execution or attachment. (Vol. v. pp. 169, 292.)

COUNTY COURTS.-Removal.-An action commenced in the County Court may be removed into a superior Court by certiorari. (Vol. vi. pp. 22, 48.)

COURTS.-[Vol. v. r. 58.]-Superior. The three superior Courts of Common Law, Q. B., C. P., and Exchequer of Pleas, have concurrent jurisdiction in personal actions. Each Court has some exclusive jurisdiction, as the Q. B. in criminal matters, the Exchequer in revenue matters, the C. P. in real actions, appeals from revising barristers, application under Railway and Canal Traffic Act, &c. (Vol. v. p. 58; vol. vi. pp. 110, 154.)

DECLARATION.-Time.-A defendant may compel a plaintiff to declare within the term next following the term or vacation in which appearance is entered; if not so compelled the plaintiff may declare within a year after appearance. (Vol. v. p. 311; vol. vi. P. 4.)

DÉMURRER.-[Vol. v. p. 58.]—What.- -A demurrer raises an issue of law to be decided by the judges. (Vol. v. pp. 59, 143.) DETINUE.-What.-Detinue lies for the recovery of specific chattels or deeds. The defendant may be compelled to return the thing recovered. (Vol. vi. pp. 21, 47.)

EJECTMENT.[Vol. v. p. 58.]-Proceedings-Pleadings.In ejectment a writ of summons issues, which is served on the tenant, who appears, and then an issue is made up and notice of trial given without any pleadings. (Vol. v. p. 58; vol. vi. p. 234; vol. vii. p. 2.) There are no pleadings in ejectment; an issue is

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