550 Affidavit to hold to Bail.-Perpetual Commissioners.-Trial of Issues.—Miscellanea.

SUFFOLK.

WE are informed, that on the authority of the
case of Roberts v. Pilkington, reported at p. Borton, James, Bury St. Edmunds.
388, a similar application was made to the
learned Judge who appears to have decided

WORCESTERSHIRE.

YORKSHIRE.

Allen, William, New Malton.
Hutchinson, Richard, Leeds.
Shaw, John Hope, Leeds.

that case, and the accuracy of our report was Goode, Thomas, Dudley.
impugned. We are assured that the point was
decided according to the report, namely,
"that the allegation was not sufficient, as the
bill might be due and unpaid, if any portion of
it was still unpaid, even to an amount less than
that for which a defendant could be held to
bail." The doubt is, what was the particular
allegation which was thus held to be insuffi-
cient? The report states that the defendant
was indebted to the plaintiff in a certain amount
on a bill of exchange still due and unpaid,"
without stating the bill to be" wholly due and
unpaid."

According to this report, the affidavit was insufficient because it did not shew that there remained due on the bill 20. or upwards, exclusive of interest. Brooks v. Colman, 6 L. O. 444. This might be done, either by stating

the amount of the bill exclusive of interest, or by stating that the bill was wholly due and unpaid, and neither statement appears to have been made. In the case referred to, of Brooks v. Colman, the Court appears to have considered it imperative that the amount of the bill should be stated, so as to negative the possibility of the sum being made up in part of interest; for there the amount sworn to be due

was 517. 9s.; and it was very improbable, therefore, that any deduction of interest could have brought the sum below 201.

The multitude of cases decided in the Practice Court renders it sometimes difficult to collect all the circumstances; but we believe that our reports of the decisions may be relied ; and in the case in question, the decision, as reported, is consistent with the principle of the previous cases, namely, that it must clearly appear on the affidavit there is a sufficient sum to hold to bail for, exclusive of interest.

on

TRIAL OF ISSUES, UNDER THE
LAW AMENDMENT ACT.

HEREFORDSHIRE.

Miscellanea.-New Publications.-Bankruptcies superseded.—Bankrupts.

551

country friends know by the name of "kidly- | of his paddock, and came to a river side to winks" (if we spell it aright), is of somewhat

more ancient date than the Beer Bill.

:

any

drink thereout. But inasmuch as the boat had not been tied fast by the fisherman, it floated away with the ass, so that the miller lost his donkey, and the fisherman his boat. The miller thereupon complained of the fisherman for neglecting to tie his boat fast; and the fisherman accused the miller for not keeping his ass at home, desiring satisfaction for his boat. Now the question was, what is the law? Did the ass take away the boat, or the boat the

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The Principal Statutes and Rules of Court for the Administration of Justice at Common Law, from July, 1830, to the present time. Price 6s. bds.

"The next thing that I shall mention unto you is, the rectifying and reforming of alehouses and tippling houses; and those I account one of the greatest pests of the kingdom. First, therefore, let none be enabled to set up or continue without license: there are a kind of people that do take upon them licenses, re-ass? Whereupon Luther said, "These are cognizances, or laws, or what you will, and called cases in law: they were both in error; who have been a great deal the worse, because the fisherman in not tying his boat fast, and they see a great multitude tolerated that have the miller in not keeping his ass at home. no license; and therefore I give it in charge There is a fault on both sides; it is a chanceto take a course that none be permitted unless medley; there was negligence on both sides. they be licensed and for the licensed ale- Such cases waive the rigour of lawyers: for houses, let them be but a few, and in fit places; the extreme rigour is not to be exercised, but if they be in private corners and ill places, they only equity. All things are to be governed by become the dens of thieves, they are the pub-equity." Luther's Familiar Discourses. lic stages of drunkenness and disorder. In market towns, or in great places or roads, where travellers come, they are necessary. Next unto this, let those that be licensed be held strictly to it, according to law. It hath been observed, and very truly, that in the taverns, inns, and alehouses in England, by the falsehood of their measure and their unjust prices, they have drawn more money from the guest, than out of the excise of ale or beer | are drawn out in Holland. A strange thing, that people for a public work, for any thing that is good, should be loth to part with Third Addenda to Chapman's King's Bench, thing, and yet, with open eyes, to see them-containing the Practice of the Parliamentary selves deceived by such base and lewd people. and other Rules of Hilary Term 4 Wil. 4; also Next unto this, let care be taken in the choice Bills of Costs, as allowed on Taxation on the of alehouse keepers, that it be not appointed New Scale, for Recovery of Debts not exto be the livelihood of a great family: one or ceeding Twenty Pounds. Easter Term, 1834. two is enough to draw drink, and serve the people in an alehouse; but if six, eight, ten, or twelve, must be maintained by alehouse keeping, it cannot chuse but be an exceeding disorder, and the family by this means is unfit for any other good work or employment. I have not skill enough to understand all the inconveniences that come from this one ill fountain, and my memory will not contain what I have so many times observed of them myself; but your lordships have a knowledge and experience of them, therefore I will leave them unto you only this, that because in many places they swarm by default of the justices of the peace, that set up too many; and there are none, except yourselves at the assizes, all the year long can meet with this evil, but the justices of the peace and if the justices of the peace will not obey your charge herein, certify their default and names, and I assure you they shall be discharged. I once did discharge two justices for setting up one alehouse, and shall be glad to do the like again upon the same occasion."

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BANKRUPTCIES SUPERSEDED.

From Mar. 21, to April 18, 1834, both inclusive.

Channon, John, Hertford House, Piccadilly, and of Park
Gudge, Edw., Bristol, Woollen Draper.
Street, Grosvenor Square, Dealer.
Price, George, Sneinton, Nottingham, Twist-Net Manufac-

turer.

Weber, Paul Edw., Iron Founder, Salt Merchant, &c.

Hickling, John, Warwick, Brickmaker. Burbury & Lam-Twist, John, Rhyddlan, Flint, Timber Merchant & Publi

The Title Page of VOL. VII, with Table of Contents and Index, will be published early in May, without any additional Charge.

INDEX TO VOLUME VII.

The subjects of the Decisions in the Superior Courts, originally reported in this Work, are printed in
Italics. The List of Cases is given in the Digest.

References are made to the Answers to Queries only, as the pages of the Queries are quoted in the Answers.

Atherton's Practice in Personal Actions, re- Bayley, Right Hor. Sir John, 305.

554

Cognovit duress, 524.

Colonial property, recovery of, 247.
Common Pleas Bar, opening of, 527.
Compensation to officers, 459.
Composition deed-fraud, 191.
Composition deed, 427.

Contempt practice, 475.

suitors' fund, 507.

Contract-breach-deceit, 107.

partnership, 387.

Copyhold-devise, 447.

disclaimer, 80.

enfranchisement of, 371.
mortgage, 31, 191.
fines, 398, 479.

Corn, when distrainable, 142.
Coroners' Bill, 362.

Coroner's inquisition-quakers, 388.
Corporations, municipal, 7, 295, 310.
Correspondence, see Table of Contents.
Costs-master's taxation, 252.

INDEX.

witnesses' attendance-special jury, 428.
in the cause-subpœna, 365.

security for surety's insolvency, 429.
of separate appearance-joint defend-
ants, 509.

Costs paid to client, 304.

Law Amendment Act, 411.

several actions on bill, 127.

East India Company Act, 289.
Ecclesiastical local courts, 422.

Editor's letter box, end of each weekly number.
Ejectment-vacant possession, 28, 126.
service, 108, 109, 332.

judgment-casual ejector, 109,156.
11 G. 4.&1 W. 4. c. 70, s. 36, 140.
service refused, 157.

joint tenant-service, 253.

Election law-corporations, 363.
Enfranchisement of copyholds, 371.
Estate for life-cross remainders, 75.
Exchange of Common Fields' Bill, 497.
Execution-rent, 14.

sci. fa., 111.

Executor's debt, when extinguished, 520.
Executor and administrator, 381.
Executor's expenses, 476.

Expired and expiring laws, 457.

Fi. fa., second, 109.
Fiut renewed, 141.
second, 155.

Fine and Recovery Rules of Court, 220, 299.
Footpath, public, 255.

Foreign sovereign-rights of parties, 9.
Forfeiture, 386.

Forfeiture, law of, 424, 481.

Forgery of Stamps Act, 23, 39, 57, 86.

new scale of, 376, 403, 419, 430, 443, Fraud-injunction, 382.

474, 477, 499, 536.

Covenant to produce deeds, 416, 479.

Criminal law, 25.

Custody, discharge from—bill, 524.

Customs Act, 44.

Date of deed-stamp, 239.

Debts payable out of real estate, 219.

Decisions in the Superior Courts, passim.
Declaration-service-concealment, 109.
plea-waiver, 414.

Deeds, general register of, 21, 33, 132, 177,

361, 504, 515.

acknowledgment of, 298.

execution, delivery, 111, 142.

possession of title, 239.

Frauds, statute of, 242, 486.

Friendly societies, 4.

Guarantee-interest, 138.

Hackney Coach Act, 103.

Harvey, (Mr. D. W.), and inns of court, 285,
309.

Hayes's Introduction to Conveyancing, review-
ed, 404.

Heidelberg Student, letters of, 150.
Highways Bill, 440.

Hindostan, trying titles in, 16.
Hotchpot, agreement, 398.

Husband and wife, chose in action, 254.
bequest, 336.

Demurrer-proofs-uniformity of process, 11. Imbecile, bill filed by, 154.

sci. fu.-bill, 302.

Deposit of title deeds-injunction, 384.

Detainer-uniformity of process, 301.
Devise-election, 59.

Devise-reputed wife, 158.

lands contracted for, 239, 254.

illegitimacy, 142.

Devisee in trust-power, 239.

deceased, 335, 432.

Dissenters' Marriages Bill, 422.

Imprisonment for debt, 83, 94, 188, 195.
Indorsement-stay of proceedings—laches, 366.
Infancy Bill, 448.

Infants' suit-next friend, 124.
Injunction-exceptions, 234.
Innkeepers, law of, 449.

Inns of court, 309, 433, 500, 513.
Insane, act for treatment of, 7.
Insolvents' property, 206.

action against, 240.

Dissertations on conveyancing, see Table of Interpleader Act-sheriff-collusion, 252.

costs, 508.
landlord, 525.

dissertation on, 100.

Irregularity-capias-residence, 317.

Issues under Law Amendment Act, 13, 126,

173.

Judge, responsibility of a, 369.

Judges' chambers, 410.

Judgments, English and Irish, 408, 456.