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AN

INDEX

TO

THE PRINCIPAL MATTERS.

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2. Priority in bringing, 419. High-
way, I.

II. Whether it lies: cause and right of
action.

1. When not by cestui qui trust
against trustee: appropriation.

By stat. 6 G. 4. c. cxxxi. commis-
sioners are appointed as trustees to
carry out the purposes of the Act.
By sect. 91 it is directed that, after
paying the expenses of obtaining the
Act, the remainder of the money in
the hands of the trustees "shall be
applied at the discretion of the said
trustees" in payment of various things,
amongst others, "in paying the salary
to the organist of B. church, and in
reducing, paying off and discharging
the several principal sums of money
and interest" borrowed on mortgage
by virtue of the Act. By a provi-
sional order of the General Board of
Health (confirmed by stat. 13 & 14
Vict. c. 108.) the powers and duties of
the trustees were vested in the Local
Board of Health for B.

In an action on the case by the or-
ganist of B. church against the Local
Board of Health, for a breach of duty
in not paying his salary, alleging that
they had sufficient funds for the pur-
pose,
it appeared at the trial that the
Board had funds applicable to the

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payment of the salary, though the mortgage debt not yet paid exceeded the cash balance in hand.

Held: that the Board and the or ganist stood in the relation of trustee and cestui que trust; and that, in the absence of a specific appropriation of a part of the fund to the plaintiff, no action at law lay: the remedy being in equity. Edwards v. Lowndes, 81. 2. What not a legal duty, 81. Ante, 1. 3. Notwithstanding statutory restrictions on execution, 74. Bond, I. 419. Highway, I.

4. What collateral matters form no part of, 471. Post, IV.

5. Damage: diversion of water from specified channel, 665. Water, I.

6. Where it arises: breach of contract, 383. County Court, I. 5.

III. Parties

1. Who may sue principal or agent, 795. Agent, II.

2. On bankruptcy, accordingly as the

interests in the contract are or are not divisible, 66. Insurance, I. 1. 3. Bankrupt suing as trustee for his vendee, 879. Insurance, I. 2.

IV. Notice of.

How soon it may be given.

The notice (required by stat. 11 & 12 Vict. c. 44. s. 9.) of action against a justice of the peace for an act done by him in execution of his office, under an order, in a matter of which he has not jurisdiction, may be given before the quashing of the order; the act itself being the cause of action, and such cause of action being complete before the quashing, although the action itself, by sect. 2, cannot be brought until after the quashing. In an action for false imprisonment against the justice, if a warrant is put in by the plaintiff as his evidence, the defendant may use a recital in it of an information on oath, in consequence of which the warrant was granted by him, as evidence of that fact.

A justice of the peace has jurisdiction to require sureties for good behaviour of a person charged before him upon information with having published a libel calculated to produce a breach of the peace; and, in default of such sureties, to commit the party so charged to prison. Therefore, under sect. 1, trespess vi et armis will not lie for such imprisonment. Haylock v. Sparke, 471.

V. In particular instances.

1. Trespass against justices, 471. Ante, IV. 1. 489. Appearance, I. 2. On judgments, 805. County Court, III.

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Supposed wife permitting supposed As affecting sureties, 295. Surety, II. 1. husband to sell her goods, 479.

Marriage.

II. Rights of agent against third persons.

ALTERNATIVE.

To recover money obtained from him Optional or contingent, 99. Contract, I. by fraudulent misrepresentation.

L. placed in plaintiff's hand a fund, out of which plaintiff was di

AMBIGUITY.

AMENDMENT.

rected to satisfy certain acceptances; Equivocal specification, 450. Patent.
defendant falsely represented to plain-
tiff that he held one such acceptance,
and thereby induced plaintiff to pay
him the amount of the alleged accept-
ance out of the fund. Held that
plaintiff might maintain money had
and received against defendant.

Semble, that L. might also have maintained the action. Holt v. Ely, 795.

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I. Of process.

1. Of indorsement on pluries writ.

A writ was continued, under stat. 2 & 3 W. 4. c. 39. s. 10.; but the indorsement on a pluries contained an erroneous date of the first writ, and the same mistake was made on the copy served. Afterwards stat. 15 & 16 Vict. c. 76. passed. The Statute of Limitations had run against the plaintiff, and had been pleaded. The Court permitted the indorsement on the writ to be amended, but not the indorsement on the copy served. Semble, that the amendment might have been allowed independently of stat. 15 & 16 Vict. c. 76. s. 222. Cornish v. Hockin, 602.

2. Of indorsement on copy served, refused, 602. Ante, 1.

II. By adding a plaintiff.

Consent, affidavit and notice. App.

iii. 6.

III. In Inferior Courts.

1 So as to give jurisdiction, 383. County Court, I. 5.

2. Of particulars of claim, 383. County Court, I. 5.

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I. By counsel and attorney.

Defendant, an alderman of London, convicted plaintiff for an alleged offence under the Copyright of Designs Act, 6 & 7 Vict. c. 65., adjudged him to pay a penalty, and, he not having paid it, afterwards summoned him to shew cause why he should not be committed in default of paying, and be further dealt with according to law. plaintiff did not appear to the summons personally; but his counsel and attorney appeared. The justice refused to hear the case in plaintiff's absence, and issued a warrant for the apprehension of the plaintiff, reciting

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appear, and directing his apprehension, to answer to the complaint, and be further dealt with according to law. The plaintiff, under this warrant, was apprehended and imprisoned. The conviction was afterwards quashed; and plaintiff brought an action for false imprisonment against defendant. Held:

1. That defendant was not protected by stat. 11 & 12 Vict. c. 44. s. 2., the summons to appear after the conviction not being the summons spoken of in that section, the non-appearance to which was to prevent the maintenance of an action.

2. That even if the summons bad been within the section, the appearance to it by counsel and attorney was sufficient, and the action was therefore maintainable. Bessell v. Wilson, 489.

II. Compelling by warrant of apprehension, 489. Ante, I.

III. Regulations as to.

1. In ejectment. App. xxi. 112. 113. 2. In causes from Inferior Courts. App. xxi.

3. By several co-defendants. App. iii. 2.

4. Attachment against attorney for not entering. App. iii. 3.

APPOINTMENT.

Of copyholds: admittance of appointee, 836. Copyhold, I. 1.

APPORTIONMENT.

On expiration of landlord's title as to part, 630. County Court, I. 3.

APPREHENSION.

Compelling appearance by ; search upon, 489. Appearance, I.

APPROPRIATION.

the summons and plaintiff's neglect to By trustee, 81. Action, II. 1.

ARBITRATION.

I. Under provisions in acts of Parlia

ment.

1. Under what circumstances the power is given.

Under sects. 69, 70, of the Metropolitan Sewers Act, 1848 (11 & 12 Vict. c. 112), power is given to resort to arbitration in those cases only where the mere amount of compensation is disputed: not in cases where the liability to make any compensation is denied. Regina v. Metropolitan Commissioners of Sewers, 694.

2. Time within which the award is to be made under the Lands Clauses Consolidation Act.

An act passed in 1844, for making a railway from A., contained a clause that nothing in that Act should prevent its being subject to any general Act, relating to railways, subsequently passed. It also contained a clause authorizing The L. & M. Railway Company to purchase the line. The L. & M. Railway Company did purchase the line. In 1847 an Act was passed, reciting the Acts under which The L. & M. Railway and its branches were made, including the Act of 1844, and, that it was expedient that the powers conferred by them should be altered. It changed the name of the Company from L. & M. Railway Company to The L. & Y. Railway Company, and incorporated the general Acts of 1845 with that Act, so far as not inconsistent therewith.

The L. & Y. Railway Company injuriously affected lands of O., after 1847, by works done under the powers of the Act of 1844. 0. gave notice that he chose to have his claim settled by arbitration under The Lands Clauses Consolidation Act, 1845; and, the Company not having done anything, he formally_appointed F. arbitrator for both. F. made his award, but more than three months after his appointment.

Held, that The Lands Clauses Con

II.

tled by arbitration in manner provided in sect. 68. But held, also, that sect. 23 applied as well to arbitrations under sect. 68 for claims for damages to lands taken, as to arbitrations for claims for lands intended to be taken; and consequently that the award was out of time. Evans v. Lancashire and Yorkshire Railway Company, 754.

3. To what claims the arbitration clauses in the Lands Clauses Consolidation Act extend, 754. Ante, 2.

Referring back to arbitrator.

1. Course of proceeding where it is sent back for a specific purpose.

Where an award is referred back by the Court to the arbitrator, for the purpose of a specific alteration in, or addition to, such award (as the determination of the amount of costs awarded by him to be paid by one of the parties), he is not bound to hear further evidence on the general merits, discovered and tendered after the making of the original award.

Although, upon such reference back, he makes an award on all the points referred, as if it were the first award and does not notice the reference back. Re Huntley, 787.

2. General merits when not re-opened, 787. Ante, 1.

3. Course to be pursued when new evidence has been discovered, 787. Ante, 1.

4. Form of amended award, 787. Ante, 1.

III. Setting aside award.

Objections to be stated in the Rule
Nisi. App. xxviii. 169.

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solidation Act, 1845, applied, and that In defence of lawful game, 782. Cricket, O. was entitled to have the claim set

I. 1.

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