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to build, and for ever thereafter keep in repair, a bridge over their railway, with a brick wall at each side thereof, at a spot where their railway intersected a public street or road which was paved and repaired under the local acts. The land upon which that part of the railway was constructed, and the bridge erected, was conveyed to the company in fee by the former owner, with a reservation of "the use and enjoyment of the bridge." The surface of the bridge was paved by the local commissioners :

Held, that the company were liable to be assessed under the above acts; for, that, although the bridge was not ar" public building," within the meaning of the 57 G. 3, c. xxix, s. 30, the company were rateable in respect of the side walls, under the description of “dead walls,” or, per Jervis, C. J., →as the owners and occupiers of "void spaces of ground" abutting on the road.

And, semble, per Maule, J., and Talfourd, J., that the fence-walls came within the description of "public buildings" in the 57 G. 3, c. xxix, s. 30, being erected under the provisions of an act of parliament, and for the benefit of the public. Arnell v. The London and North-Western Railway Company,

697.

PAYMENT.

Under Judge's Order. Two actions having been brought upon a bill of exchange,-the one against the drawer, the other against the acceptor, the defendant in the first action obtained a judge's order for a stay of proceedings on payment of debt, interest, and costs :-Held, that the payment under that order could not be pleaded, in bar of the further maintainance of the second action, as a

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3. Payment.]-Two actions having been brought upon a bill of exchange,

the one against the drawer, the other against the acceptor,-the defendant in the first action obtained a judge's order for a stay of proceedings on payment of debt, interest, and costs:-Held, that the payment made under that or der could not be pleaded, in bar of the further maintenance of the second action, as a payment in satisfaction and discharge of the causes of action against the acceptor, or relied on as a ground for reduction of damages. Randall v. Moon, 261.

4. Infancy.]-See INFANT.

5. Collateral Agreement between Plaintiff and a Third Person.]-See ACCORD AND SATISFACTION.

6. Averment of Readiness and. Willingness.]-See CONTRACT.

III. CASE.

Against Sheriff for Extortion. In an action against a sheriff and a bailiff for extortion on the execution of

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Description of List.]-A notice of ob-
jection to a county voter, under the 6 & 7
Vict. c. 18, s. 7, in the following form,-
"Take notice that I object to your name
being retained in the list of voters for
the parish of St. Thomas, New Sarum,
in the southern division of the county
of Wilts," held a sufficient compliance
with Sched. A. No. 5, there being no
other list to which the notice could ap-
ply than the list of county voters. Lam-
bert, app., The Overseers of St. Thomas,
New Sarum, resp. 642.

Section 17.—Notice of Objection to
Borough Vote.

Description of List.]-A notice of ob-
jection to a party's right to vote in the
election of members for the city of C.,
described the objector as being "on the
list of freemen for the city of C." There
are several townships in C., the overseers
of which severally make out and publish
lists of persons entitled to vote in re-
spect of occupation; and there is also a
list made out and published by the

town-clerk, which is intituled, "The list
of freemen of the city of C., entitled to
vote in the election of members for the
said city." Under the municipal corpo-
ration act, 5 & 6 W. 4, c. 76, s. 5, the
town-clerk also makes out and keeps
(but does not publish) a list of the free-
men of the city, called "The freemen's
roll:"-Held, by Jervis, C.J., Williams,
J., and Talfourd, J. (dissentiente Maule,
J.), that the above notice of objection
was a sufficient compliance with the 6 &
7 Vict. c. 18, s. 17, inasmuch as any
person reading it must understand that
the objector intended to state that his
name was on the list of freemen entitled
to vote in the election of members. Fed-
don, app., Sawyers, resp. 680.

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END OF THE TWELFTH VOLUME.

VOL. XII.-C. B.

MM M

LONDON:

PRINTED BY WILLIAM STEVENS, 37, BELL-YARD,

LINCOLN'S-INN.

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