JURY.

Rules and regulations. App. x. 44.—49.

JUS TERTII.

Claim on tenant by party asserting title paramount, 630. County Court, I. 3.

JUSTICE OF THE PEACE.

I. Jurisdiction.

1. When given by words of reference to provisions not strictly applicable, 647. Beer.

2. To take sureties for good behaviour on charge of libel, 471. Action, IV.

3. To commit for default of sureties, 471. Action, IV.

In municipal boroughs: his incapacities, 516. Penalty.

JUSTIFICATION.

Defamation. Bail.

LANDLORD AND TENANT.

I. Determination of tenancy.

1. By expiration of title: estoppel : continued possession, 630. County Court, I. 3.

2. Apportionment, 630. County Court, I. 3.

II. Computation of time.

On what day the year is completed, 816. Poor, IV. 2.

III. Landlord's remedies.

1. Debt for rent. Debt.

2. Action for use and occupation, 630. County Court, I. 3.

VI. 1.

3. Change in circumstances, 178.

Company, VI. 1.

MARK.

5. Capital not lawfully subscribed, 253. Company, VI. 4.

6. Whether it may be made upon a copy, 293. Post, X.

7. Illegality of compliance, 372. Company, VI. 6.

8. That prosecutor of mandamus to admit copyholder is not heir, 829. Copyhold, II.

9. Setting out custom as to admittances to copyholds, 836. Copyhold, I. 1.

10. What return does not shew inability, 774. Company, VI. 7.

VIII. Pleas.

1. Bad, if such as would not support a peremptory mandamus, 829. Copyhold, II.

2. Each of several pleas to a return is to be taken by itself, 829. Copyhold, II.

IX. Peremptory mandamus.

Though compliance has become impossible, 253. Company, VI. 4.

X. Service.

The Court will not set aside service

I. Tolls.

II.

MARKET.

Distinction between tolls not connected with the use of the soil and stallage, 423. Poor, I. 4.

Rateability.

Of market house; what enters into the value, 423. Poor, I. 4.

MARRIAGE.

Void: transactions under.

Sale of supposed wife's goods by supposed husband with her assent.

A., a widow, married B., whom she believed to be a single man. A. was not the personal representative of her deceased husband; but she was possessed of furniture which had been his property, and which, after her marriage with B., continued in the house in which B. and A. lived. B. sold and delivered those goods to C., with A.'s concurrence, and C. paid B. for them. After this it was discovered that B. was a married man, and that his marriage with A. was void. This was unknown either to A. or C. till after the sale. A. sued C. in the county court for the value of the goods.

cxxviii MASTER OF THE COURT.

Held, on appeal, that, the property being in the personal representative of her deceased husband, A. could not maintain an action against any one but as wrongdoer; and that, as C. had taken the goods with A.'s concurrence, he was not a wrongdoer as against her.

And that, even on the supposition that the goods belonged to her, A. had constituted B. her agent to sell, and could not dispute the sale made by him as her agent to an innocent party. Weller v. Drakeford, 749.

Action for.

be paid by B. without calling on R., that R., on the bond being delivered to him to be cancelled, would reassign the premises. B. covenanted to indemnify R. against the bond.

Held, that this deed required a mortgage stamp, under stat. 55 G. 3. c. 184., Schedule, part I., tit. Mortgage. Lord Canning v. Raper, 164.

II. Stamp.

Ad valorem; when required, 164. Ante, I.

I. What is.

MORTGAGE.

Assignment of leasehold to indemnify surety.

A deed, between B. and R., recited that B. and R. had become jointly and severally bound to W. in 20007., by bond conditioned for payment by them of 1000l. and interest on a day named, and that R. executed the bond at the request of and as surety for B., on B. agreeing to indemnify R. by assignment of the estate and effects of B., and on B. entering into covenants as thereinafter contained: and the indenture witnessed that, in pursuance of the agreement and of R. having so joined as surety, and of ten shillings, B., by way of underlease, demised leasehold premises to R. The deed contained a declaration that the premises were underleased for the purpose of keeping R. indemnified from liability and loss which might occur to him from having so become surety; and a proviso that, if B. should pay the principal sum and interest, and keep R. indemnified, those presents should be void: nevertheless that, if R., as surety, should bear any loss or pay any money, R. might levy and raise such money, loss, &c., as he should pay, sustain, &c., with interest, by rent from the premises, or mort gage, or sale. R. covenanted, in case the moneys due on the bond should

MOTION.

Objection to retention of name : form of notice.

A burgess objected to the name of J. B. of A. being retained on the burgess list for the borough of H. He had given notice of the objection to the town clerk in the precise form given in No. 3, Schedule (D.) to stat. 5 & 6 W. 4. c. 76. The notice delivered to the person objected to was "To Mr. J. B. I hereby give you notice that I object to your name being retained," &c. The mayor and assessors refused to hear the objection, on the ground that this latter notice was insufficient. Held, that the notice was to the like effect with the form No. 3, Schedule (D.), and that the objection ought to have been heard. Regina v. Harwich, Mayor, &c., 617.

II. Burgess roll.

Misnomer, 704. Post, III. 2. III. Election of councillors.

1. Voting paper: description of qualification.

At a municipal election, a voting