of" a joint-stock company, within the 7 & 8 Vict. c. 110, s. 44, means, a contract by which the company contracts to do something: and that section does not prevent the company from enforcing against third parties a contract which is unilateral only, and which (though they are expressed to be parties to it) has not been executed by the company. The British Empire Mutual Life-Assurance Company v. Browne, 723.

66

JUDGE'S NOTES.
Affidavit of Verification of.

A rule to shew cause why a verdict for the defendant, or a nonsuit, should not be entered, in a cause which had been sent for trial before the assessor of the Passage Court at Liverpool, under the 3 & 4 W. 4, c. 42, s. 17, was drawn up on reading the writ of trial, the assessor's notes, and the affidavit verifying the same." In this affidavit, the deponent described himself as "Thomas Henry Sanger, clerk to Edward James, Esq., barrister-at-law, and assessor of the Court of Passage of the borough of Liverpool," without giving his place of residence :—Held, that the affidavit was insufficient; and that, without an affidavit verifying the notes, there were no materials upon which the court could entertain the motion. Winch v. Williams, 416.

JUDGE'S ORDER. See PAYMENT.

JUDGMENT.

I. Entering Judgment Nunc pro Tunc, -See PRACTICE VIII.

II. Notice of,-See COUNTY COURT.

III. On Warrant of Attorney,-See WARRANT OF ATTORNEY, II.

IV. As in Case if a Nonsuit,-See PRACTICE, VII.

LANDLORD AND TENANT. I. Tenant's Right to remove Fixtures.

1. An ejectment was brought for the recovery of certain premises, on the 8th of February: on the 19th, the defendants allowed judgment to go by default, upon the lessor of the plaintiff entering into the following agreement : -"In consideration of Messrs. J. & G. B. (the tenants) not appearing to this action, I hereby undertake not to issue a writ of possession until after the 25th day of March next :"-Held, that the defendants were by this agreement precluded from removing fixtures put up by them on the premises, in the interval between the 19th of February and the 25th of March, the fair construction of the agreement being, that the premises should be given up in the same state they were in on the day judgment was signed. Heap v. Barton, 274.

2. Quære, as to the right of a tenant to remove fixtures after the expiration of his term, where he still continues in actual possession of the premises, whether by wrong or with the landlord's consent. Ib.

II. Tenancy from Year to Year,-See DEED.

LANDS CLAUSES CONSOLIDA

TION ACT.

See COSTS.

LAWFUL GAMES. See GAMING.

tash w LETTERS-PATENT. SO YOU

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I. Construction of Specification. A specification of an invention of an improved turning-table for railway purposes," described the alleged invention to consist in supporting the revolving plate or upper platform of the turning-table, as also its stays, braces, arms, and supports, on the top of a fixed post, well braced, and resting on or planted in the ground, the top of which post forms a pivot for the table to turn on, while support-arms radiating from a frame-work (the weight of which is also sustained on the post) moving round the bottom part of the post, with friction-rollers, and fastened to the outer edges of the plate, stay the plate at all sides, and keep it steady, to receive the superincumbent weight of carriages or whatsoever is to be turned upon it." And, after describing the drawings, the specification concluded thus :—"Now, whereas I claim as my invention the improved turningtable hereinbefore described, and such my invention being to the best of my knowledge and belief entirely new, and never before used in England, &c., I do declare this to be my specification of the same, and that I do verily believe this my specification doth comply in all respects, fully and without reserve or disguise, with the proviso in the hereinbefore in part recited letters-patent contained; wherefore I do hereby claim to maintain exclusive right and privilege to my said invention :"+

Held, that the specification claimed the whole combination as new; and, a jury having found that the only

novelty consisted of the suspendingrods (all the rest having been, substantially, described in the specification of a patent previously granted to another person),--that the defendant, in an action for an alleged infringement, was entitled to a verdict on a plea taking issue on the sufficiency of the specification. Holmes v. The London and North-Western Railway Company, 831.

II. Evidence of Infringement.

The plaintiff obtained letters-patent for "improvements in the manufacture of iron and steel." In his specification, he declared his invention to be (amongst other things), "the use of carburet of manganese in any process whereby iron is converted into caststeel;" and he described the process which he claimed, thus:-"I do it, by introducing into a crucible bars of steel broken into fragments, mixtures of cast and malleable iron, or malleable iron and carbonaceous matter, along with from one to three per cent. of their weight of carburet of manganese." He then stated that he did not claim the use of the mixture of cast and malleable iron, or malleable iron and carbonaceous matter, as any part of his invention, but only the use of "carburet of manganese, in any process for converting iron into cast-steel." The defendant produced the same result,-a -a superior and more valuable description and quality of cast-steel, -as certainly, and more cheaply, by substituting for the carburet of man, ganese, oxide of manganese and coaltar, which, being put into the crucible with the iron, according to the evidence of chemists, would form "carburet of manganese " before the iron was in a

"

LIMITATION OF ACTION.
I. Currency of Statute of Limitations.

A promissory note was given by the
defendant to the plaintiffs in 1840,
payable, five years after date, for value
received:-Held, that it was evidence
of an account stated, against which the
statute of limitations did not commence
running until the maturity of the note.
Fryer v. Roe, 437.

A writ of summons issued under the
uniformity of process act, expired
before the 24th of October, 1852, when
the common law procedure act, 15 &
16 Vict. c. 76, came into operation:—
Held, that an alias to save the statute
of limitations, must issue pursuant to
the former act. Gapp v. Robinson, 828.

II. Promise to take a Case out of the
Statute.

The following letter addressed by
the defendant to the plaintiff, within
six years, respecting a debt otherwise
barred by the statute of limitations,
was held (on appeal) not a sufficient
acknowledgment of the debt to take
the case out of the statute :-"I am

much surprised at receiving a letter
from H. (the plaintiffs' attorney) this
morning for the recovery of your debt.
I must candidly tell you, once for all,
I never shall be able to pay in
you
cash, but you may have any of the
goods we have at the Pantechnicon,
by paying the expenses incurred there-
on, without which they cannot be taken
out, as before agreed when Mr. F. (one
of the plaintiffs) was in town." Cawley,
App., Furnell, Resp., 291.

"

Resignation of Patteson, J., 84.
Appointment of Crompton, J., 84.

II. Attorney and Solicitor-General.
Resignation of Sir F. Thesiger and
Sir F. Kelly, 84.

Appointment of Sir A. Cockburn
and Sir W. P. Wood, 84.

III. Serjeants.

Robert Matthews and Ralph Thomas
coifed, 614.

IV. Costs of Judgment by Default, 506.

METROPOLITAN PAVING ACT.
See PAVING ACTS.

MONEY HAD AND RECEIVED.

Where Maintainable.

The plaintiff received a letter of al-
lotment, allotting him 100 shares in a
projected railway, upon which he paid
a deposit of 21. 2s. per share. With
the letter of allotment, the board of
directors (one of whom was the de-
fendant) caused to be sent to the
plaintiff a circular containing, amongst
others, the following provision:-" In
the event of the act not being obtained,
the directors undertake to return the
whole of the deposits, without deduc-
tion. There was no evidence of any
application by the plaintiff for shares,
or that his allotted shares had been
exchanged for scrip; and it appeared
that he had never signed the parlia-
mentary contract or subscribers' agree-
ment. The project proving abortive,-
Held, that money had and received
lay, to recover back the deposit paid.
Ward v. Lord Londesborough, 252.

And see VICARS CHORAL, 2.

MUNICIPAL CORPORATION.

Assessor of Borough Court.
The 92nd section of the municipal
reform act, 5 & 6 W. 4, c. 76, enacts,
that, after the election of the treasurer
in any borough, the rents and profits
of all hereditaments, and the interest,
dividends, &c., of all moneys, dues,
chattels, and securities belonging to the
corporation, shall be paid to the trea-
surer, and shall be carried by him to the
account of a fund called "The Borough
Fund," and such fund shall (subject to
certain charges thereon) be applied
towards the payment of the salaries of
the mayor, recorder, &c., and of any
other officer whom the council shall
appoint:-Held, that the judge and
assessor of the borough court of record

for the trial of civil actions, appointed
by the council at a certain salary, could
not maintain an action of debt against
the corporation, for arrears of such
salary. Addison v. The Mayor, &c., of
Preston, 108.

MUSIC.
Infringement of Copyright in,-See
COPYRIGHT.

NEGLIGENCE.
See CASE, I.
COUNTY COURT.

NEVER INDEBTED.
See PLEADING, IV.

NONSUIT.
Judgment as in Case of,-See PRAC-
TICE, VII.

NOTICE.

I. Notice of Action,-See Costs.
II. Notice to admit,-See COSTS.
III. Term's Notice of Proceeding,—
See PRACTICE, V.

IV. Notice of Order of County-
Court,-See COUNTY-COURT.

NUNC PRO TUNC.
See PRACTICE, VIII.

ORDER.

Notice of,-See COUNTY-COUbt.

PARENT AND CHILD.
Custody of Infant Children.
The father is by law entitled to the
custody of his legitimate children:

and, semble, that a court of common
law has no jurisdiction, under any cir-
cumstances, to deprive him of that
right. In re Thomas Hakewill, 223.

PASSAGE COURT.
See JUDGE'S NOTES.

PASSENGER'S LUGGAGE.
See RAILWAY COMPANY, II.

PATENT.

See LETTERS-PATENT.

PAVING-ACTS.

Construction of.

By a local paving-act, 41 G. 3, c.
cxxxi, s. 37, the commissioners were
to rate all "houses, shops, warehouses,
coach-houses, stables, cellars, vaults,
buildings, and tenements:" and 8. 40
provided that the rates "upon or in
respect of any chapel, meeting-house,
hospital, school, or other public build-
ing, or any wall, garden, yard, or void
space of ground, should be ascertained
according to the number of square
yards of pavement paved, &c., under
the act, belonging to such chapel, &c.,
measuring the same from such chapel,
&c., to the middle of the street, &c.,
on which the same should respectively
abut, &c. ; but so, nevertheless, as that
no rate or assessment should by virtue
of that act be laid upon, or collected or
received for or in respect of, any wall,
garden, yard, or void space of ground,
unless the space should abut upon or
front some street, &c., to be paved.”

The 26th section of the 43 G. 3, c.
cxxxix, which was substituted for the
37th section of the former act, provided
that the rates should be assessed "upon
all and every person and persons who

should inhabit, hold, occupy, &c., any
house, &c., building, or tenement, in
any of the said streets, &c., according
to the yearly rent or value of such
houses," &c.

And by the 30th section of the ge-
neral metropolitan paving-act, 57 G. 3,
c. xxix, the commissioners are to assess
"any cathedral, collegiate, or other
church or churches, parochial or other
chapels, meeting-houses, places for
religious worship, hospitals, public
schools, and all other public build-
ings," &c., at a given rate for every
square yard of the foot, carriage-way,
and other pavements contained in one
half of the entire width of the street, &c.,
as shall lay before or at the sides or rear
of, or abut upon or adjoin to, such ca-
thedral, collegiate, or other church or
churches, &c., or before, upon, or to the
areas, or ground in front of, or surround-
ing, or belonging to the same, &c.; and
also to rate and assess "all and every
the church-yards, cemeteries, or other
burying places, dead walls, and void
spaces of ground, within such parochial
or other district, and which are not
charged to such rate or assessment in
respect of any messuage or other
building whereunto they may be ap-
purtenant, at a rate not exceeding 1s.
for every square yard of the foot and
carriage-way and other pavements con-
tained in one half of the entire width
of as much of any and every such street
or public place as shall or may lay be.
fore or at the sides or rear of, or abut
upon, or adjoin to, such churchyards,
cemeteries, or other burying-places,
dead walls, and void spaces of ground,"
&c.

The London and Birmingham Rail-
way Company, by one of their acts (5
& 6 W. 4, c. lvi, s. 55), were required