Sect. 62. Judgment on appeal, 583. Poor, VIII. I.

rupts).

Sect. 224. Composition deed, 521, 544. Bankrupt, IV.

of poor).

Sect. 1. Poor, V.

Vict. c. 100. (Criminal

XXXIII. 9 & 10 Vict. c. 95. (County Court).

Law).

Sects. 8, 25. Omissions still fatal, 553. Indictment, II.

2. Sect. 58. All personal actions, 22. County Court, I. 1.

3. Sect. 60. Defendant not resident in jurisdiction, 383. County Court, I. 5.

4. Sect. 121. Removal of replevin, 855. County Court, I. 4.

XXXIV. 11 & 12 Vict c. 31. (Poor).

Sect. 9. Notice of chargeability, 711. Poor, VII.

XXXV. 11 & 12 Vict. c. 43. (Justices out of Sessions).

Sect. 27. Adjudication of costs, 810. Certiorari, I. 2.

XXXVI. 11 & 12 Vict. c. 44. (Justices of the Peace).

1. Sect. 2. Nonappearance on summons, 489. Appearance, I.

2. Sects. 2, 9. Notice of action, 471. Action, IV.

XXXVII. 11 & 12 Vict. c. 112. (Metropolitan sewers).

Sects. 69, 70. Arbitration, 694. Arbitration, I. 1.

Law Procedure).

1. Sect. 25. Indorsement on writ of summons, 723. Particulars, I. 1.

2. Sect. 40. Declaration by husband and wife, 659. Baron and Feme. 3. Sect. 222. Amendment of indorsement on writ, 602. Amendment, I. 1.

THIRDLY: Decisions on local and personal, public acts.

XLIII. Chronological arrangement.

1. 6 G. 4. c. lxxii. Newbury improvement, 810. Certiorari, I. 2. 2. 6 G. 4. c. cxxi. Burslem markets, 81. Action, II. 1.

3. 10 G. 4. c. xcviii. North Shields ferry, 140. Poor, I. 2.

4. 10 G. 4. c. cxxix. Lambeth improvements, 121. Poor, I. 1.

5. 6 & 7 W. 4. c. cxii. Herne Bay pier, 74. Bond, I.

6. 1 & 2 Vict. c. xxxiii. Birkenhead paving, 22. County Court, I 1.

7. 9 & 10 Vict. c. clvi. Ambergate railway, 111, 372. Company, IV. VI.

SUBSCRIPTION.

I. 2.

2. Ramsgate harbour, 273. County Court, I. 2.

3. Herne Bay pier, 74. Bond, I. XLV. Parochial acts.

1. Birkenhead paving, 22. County Court, I. 1.

2. Burslem markets, 81. Action, II. 1. 3. Lambeth watching, 121. Poor, I. 1. 4. Newbury improvement, 810. Certiorari, I. 2.

XLVI. Railway acts.

1. Effect of partial substitution by
subsequent acts, 178.
VI. 1.

Company,

2. Whether enabling or obligatory. Company, VI.

v. Cook, 599 n.

2.

4. York and North Midland, 178, 858. Company, VI.

5. Ambergate, 111, 372. Company, IV. VI.

6. Great Western, 253, 774, 874. Company, VI.

XLVII. Sewers acts.

Metropolitan sewers, 694. Arbitration, I. 1.

STAY OF PROCEEDINGS.

I. Rule Nisi, when it is, and when not. App. xxvi. 160.

II. In action against acceptor of bill, or maker of note. Ap. vi. 24.

STRANDING.

What constitutes, 456. Insurance, II.

SURETY.

I. Generally.

Concurrent securities standing together, 295. 309. Post, II. 1.

II. Discharge.

1. What not such a change in the subject matter as to discharge the surety.

Covenant by the Mayor, &c. of the borough of B., on a deed, executed after stat. 5 & 6 Wm. 4. c. 76. and before stat. 6 & 7 Vict. c. 89., by which, after reciting that the council of the borough had elected D. treasurer of the borough, defendant became surety to the Corporation for D.'s accounting to them "during the whole time of D. continuing in the said office, in consequence of the said election, or under any annual or other future election of the said council to the said office."

Averments that, by subsequent elections, D. was continued in his office, and did not account. Breaches: nonpayment by defendant.

Plea 6. That D. was elected to the office, and the deed given, whilst the office was annual under stat. 5 & 6 Wm. 4. c. 76, that, on the 9th November 1843, D. was, in obedience to stat. 6 & 7 Vict. c. 89. s. 6., elected to the office during pleasure: and that he accounted up to the 9th November 1843. On demurrer, Held: that the functions and duties of the office not being changed, it continued the same office, and the change in its tenure did not discharge defendant.

Plea 7. That, before breach, plaintiffs accepted a fresh surety bond in discharge of the deed sued on. On demurrer, Held bad, as pleading accord and satisfaction to a deed before breach. Mayor of Berwick v. Oswald, 295.

2. Fresh security when not a discharge, 295. Ante, 1.

1. Materiality and construction of allegation in debt for rent.

Where a declaration in debt for rent states that the rent became and was due, to wit on a day named, being a quarter day, for so many quarters "then elapsed," plaintiff, on an issue upon Nunquam indebitatus must shew that rent accrued in respect of the quarters ending on that day, and cannot insist upon rent accruing for earlier quarters. Johnson v. Gibson, 415.

2. Lapse of reasonable time, 99. Contract, IV. 1. 111. Company, IV. 1.

IV. In particular instances.

For due accounting by borough treasurer, 295. Ante, I. 1.

V. For good behaviour.

1. On information for libel, 471. Action, IV.

2. Committing for default of, 471. Action, IV.

SURPLUSAGE.

Striking out, 397 n. Demurrer, I.

1. On what day the period of a year is completed, 816. Poor, IV. 2.

2. Rule that the law does not regard fractions of a day, 816. Poor, IV.

2.

3. Number of days, App. xxviii. 174. 4. Certain days at Easter and Christmas. App. xxviii. 175.

III. Delay.

Month's notice after year's delay. App. xxix. 176.

IV. Service of proceedings before a certain time. App. xxvi. 164.

TAXATION.

TITHE.

-lxxvi.

estate, 727. Devise, I.

TENURE.

TITLE.

Change in, 295. Surety, II. 1.

I. Questions of, to deprive county

1. What not necessarily unreason able.

A declaration in covenant recited that plaintiff and defendant had been partners as publishers of books, and that part of their trade, called the Canvassing Trade, consisted in publishing books in numbers, and employing travellers to sell such books by canvassing for purchasers. By indenture, dissolving the partnership,

tage to the public, by defendant, and without injury to plaintiff; that the Canvassing Trade applied to all such books; and that the restraint, as to the Canvassing Trade as applicable to such works, was unreasonable: verification. Demurrer (amongst other grounds), because the plea referred matter of law to the jury.

Held: That the declaration was good, it not appearing that the restraint was unreasonable. Held, also, that the pleas were bad in substance, as the facts disclosed did not shew that the restraint was unreasonable. Quare whether, if the facts had so shewn, the pleas would have been bad in form. Tallis v. Tallis, 391.

retain the whole of the partnership stock, and should indemnify defendant against all liabilities, and pay him a large sum of money. Defendant

TRANSMISSION.

nor indirectly to be concerned in the Canvassing Trade in London or within 150 miles of the General Post Office, nor in Dublin or Edinburgh or within fifty miles of either, nor in any town in Great Britain or Ireland in which

553. Indictment, II.

TRAVERSE.

time have an establishment, or might have had one within the six months preceding. Breaches: that defendant was engaged in the trade within 150 miles of the General Post Office, and also in Manchester and Liverpool, in which towns plaintiff, at the time of the breaches, had establishments. Pleas, to both sets of breaches: that there were numerous works which plaintiff did not publish, and had no intention of publishing, and that many

829. Copyhold, II.

II. Of vesting by assignment, 164. 166. Mortgage, I.

III. What put in issue by general traverse. App. lxxix. 6. 7. 10. 11. 15.

16. 19. 20.

TREASURER.

VOL. I.