ABRAHAMS v. Puckeridge, 67, 142
Adam v. Rowe, 68, 93
Adams v. Heathcote, 317
Norton, 91
Timborley, 143
Addison v. Williams, 93 Adie v. Walford, 27
Akraman v. Ehrensperger, 188 Alcock v. Bottom, 257 Alexander v. Royle, 67
Williams, 45, 139
Alfred v. Farlow, 64, 84, 178 Alnot v. Reay, 67 Amadio v. Showell, 93, 189 Amelet v. Bruck, 227, 256 Anderson v. Stather, 77 Andrews v. Lockwood, 250 Anster v. Holland, 68, 118 Anstey v. Cotton, 488 Archer v. Hudson, 105 Ashby v. Bates, 67, 232
Ashley v. Pratt, 92
Asser v. Walker, 64, 81
Aston v. Parkes, 92, 186
Attorney-General v. Bailey, 285
Bowlby v. Bell, 87, 209, 230, 300 Bowne r. Williams, 143 Boydell v. Ekstein, 260
-Harkness, 186, 206 Boyle v. Brandon, 116
Chapman, 113 Chapman and Another, 65 Boynell and Others v. Harkness, 113 Bradley v. Tonge, 67, 89, 231 Bradshaw v. Allander, 212 Bleadon, 266 Lavender, 266
Bradstock v. Whatley, 26 Brandao v. Barnett, 525 Brett v. Farnell, 233 Brooks v. Lake, 337 Brown v. Bamford, 249
Hallett, 142 Hodgson, 174
Benham v. Earl of Mornington, 184
Wilkins, 212
Bennett v. Cooper, 299
Deacon, 113
Durland, 87.
Benson v. Lamb, 385 Bentley v. Carver, 84 Benton v. Polkenhorn, 233
-Wood, 211 Berkeley v. de Wear, 189 Best v. Robinson, 211
Bevington v. Griffith, 142
Beynon v. Davis, 66
Bickley v. Boydell, 67, 212
Biddulph v. Lord Camoys, 202, 337
Bigge v. Barhayes, 232
Birkobitz v. Lloyd and Others, 65 Blagg v. Gibson, 62
Blake v. Lord Wallscourt, 545
Blenkinsop v. Blenkinsop, 317
Bluck v. Siderway, 64
Blundell v. Yates, 67, 116
Gabriel and Others, 212
Bury v. Peers, 188, 189, 235 Bushell v. Brood, 235 Butler v. Ross, 93
Butterworth v. Williams, 118, 235
Bynner v. Queen, 142, 284, 407
and Others v. Pickford, 81
City of London v. Kingin and Others, 186 - Parkinson and Others, 113 Claridge v. Haines and Others, 185 Clark v. Hughes, 68, 143
Levi, 92, 211, 265 Clements v. Beresford, 450. Clift v. Schwabe, 284, 342 Clutterbuck v. Hulls, 183, 212
Cocker v. Musgrove and Moon, 254 Cockerell and Others, v. — 43
Cockroger v. Horner, 92
Coldham v. Showler, 185, 230
Colegrave, v. Summerton, 67
Coleman v. Holmes, 45, 93
Colegrave v. Summerton, 116
Collins v. Hopwood, 92, 114
Angel v. Angel, 64, 80
Atkinson v. Fawcett, 65, 87, Barley and Others v. Foster, 65,
Bellamy and Others v. Par
Bennett v. Harry, 64 Bloomfield v. Eyre, 209 Body v. Cox, 93
Bowley v. Barnes, 139 Brydges v. Brydges, 257 Cross v. Cross, 61 Daly v. Daly, 139 Dark v. Bowditch, 84, 59 Davis v. Roe, 235
Dayman v. Moore, 111 Dorey v. Roe, 87
Dyke v. Dyke, 64
Egremont v. Courtenay, 84, 111 Gaisford v. Stone, 65, 207 Goddon v. Dorsey, 188
Groves v. Groves, 64
Harrison v. Hampson, 44, 209 Harrison v. Roe, 234
Hareby v. Preston and Another, 45,
Hoxby v. Smith, 266 Hayward v. Tinsley, 64 Jacob v. Phillips, 61 Jeffkins v. Houston, 182 Lloyd and Jones v. Luis, 233 Merrigan and Daly v. Daly, 160 Merrington and Daly v. Daly, 61 Molesworth v. Sleeman, 111, 252 Penington v. Famire, 140
Englemart v. Moore, 211 Erpe v. Earl Ferrers, 45 Ex parte 68 Bartlett, 488 Barton, 143 Bourne, 43 Bull, 93, 143 Dephlidge, 68
H. Emanuel, 369
H. Ford, 266
B. Frazer, 259 Freeman, 112
Great Western Railway, 94 C. Hewitt, 94
Jerwood re Dockery, 491
Lane re Lendon, 118 Mosslewhite, 189
Nicholls, 235
re Nicholls, 189
Overseers of Heyop, 138
Parson re Fidger, 348 Pepper, 68
Phillips, 68
Philpot re Miskin, 387 Ramsden, 143 Robinson, 94
St. Anne's, Westminster, 45 Sheffield, 266
Late Sheriff of Brecon, 212 Simons, 138
R. Taylor, 29
Turner re Osborn, 348
Van Sandau, 173
F. Ward, 118 - Winn, 235
Evans. Onyack, 62
Jones, 67 Watson, 209, 259 Everett v. Smallpiece, 87 Evershed v. Brown, 64
Ground and Hardy, 139
Eyre v. Green, 223
FALKNER v. Gibbs, 116 Fancourt v. Thorne, 203, 256 Farina v. Horne, 233
Farry v. Newman, 67
Feistel v. King's College, Cambridge, Fenwick v. Boyd and Another, 66 Fielding v. Daniels, 256 Filby v. Hodgson, 116, 212 Findley v. Farquharson, 230, 259 Finlayson v. Pelbrow, 67, 89 Fisher v. Aide, 431
Fitch v. Cutts, 65
Fletcher v. Marshall, 67
Follett v. Andrew, 64 Forbes v. Peacock, 317 Ford v. Arnold, 68
v. Hunter, 139
v. Bryant, 134
Forsaith v. Allan, 113
Fostell v. Johnstone, 65
Collinson v. Newcastle and Darlington Rail- Dolby v. Rimington, 206, 252
Compton v. Tamlyn, 235
Connor v. Webb, 266
Coombe v. Corporation of London, 153 Cooper v. Falkner, 114
Langford, 143
Shepherd, 87, 230, 282
Cornwall and Another v. Wood, 189 Cottingham v. Lord Shrewsbury, 317 Coultas v. Bowes, 65
Coulthas v. Bowes, 209, 260 Coventry v. Earl Lauderdale, 467 Cox v. Bingham, 64
Cranwell v. Cooper, 113, 141, 185 Crofts v. Osborn, 45
Cromer v. Chuck, 67, 88
Cutler v. Pelletier, 116
DALTON v. Lambeth, 3
Damar v. Lord Portarlington, 525 Damels v. Fielding, 67, 89, 188 Davenport v. Bishop, 317 Davies v. Lowndes, 209
Francis v. Dodsworth, 209, 230
Freeman v. Tatham, 176
GALLY v. Round, 65, 209 Gamble v. Curtz, 44, 65
v. Kurtz, 144, 323, 431
Garbett v. Adams and Another, 61 v. Gerborough, 233 v. Yarborough, 91
Gathercole v. Miall, 89 Geach v. Ingoll, 67 Gee v. Gurney, 135 George v. Bedborough, 67 Geraud v. Richmond, 85
and Another v. Muntz and Others, Gerrard v. Lord Denorban, 338
Driskoll v. Wydross, 185 Duffield v. Morrett, 29 Duggan v. Gee, 68 Duncombe v. Lewis, 250 Nelson, 447
EADES v. Booth, 63 Eadon v. Branscombe, 257 Early v. Benbow, 3 Easton v. Peploe, 186 Edgar v. Bull, 141 Edwards v. Alvey, 485 Egg v. White, 212 Elderton v. Lack, 202 Elgar v. Garwood, 235 Ellis v. Abrahams, 82 Hozier, 116
Elston v. Gascoyne, 65, 209 Ely v. Smith, 209 Englehart v. Moore, 66
Gibbons v. Alison, 65, 209, 231, 260
Gibbs and Another v. Flight and Another,
Holme, 204 Leeds, 45 Luggershall, 68 Molesworth, 339 Norbury, 116, 138 North Howran, 183 St. Giles-in-theFields, 206
St. Martin, 227 Walbottle, 254 Watford, 266
Liverpool Collector of Customs, 139 Lord of Manor of Strickland, 139 Lords, &c. of the Manor of Wheedon Beck, 189
Manchester, Bury, &c. Railway, 45 Manchester, &c. Railway, 118 Mayor, &c. of Bath, 67
Poor Law Commissioners, 256
at the Prosecution of I. Butt, esq.
v. F. Jackson, one of the Attor neys, 237, 323
on the Prosecution of the Duke of Brunswick v. Gregory, 235
at the Prosecution of Elliott and Others, 8
Sharpe v. Watts, 206
Shepherd v. Mouls, 304
Sherington v. Whitington, 433
Sherwood v. Clark, 188
Sieveking and Another v. Dutton, 258 Siggars v. Paynter and Another, 65, 209 Simpson v. Margetson and Others, 408 Skelton v. Alcock, 65, 113
Slack v. Francis, 116
Slater v. Dangerfield, 113
Smart v. Sandars, 260, 323, 339
Smeaton, v. Reed, 260
Smee v. Lampull, 235, 257 Smith v. Archer, 64
and Another v. Earl Charleville, 209 Earl Mornington, 209
v. Lord Effingham, 317
Gee, 235 Jeffries, 67 Jeffryes, 231 Mitton, 189 Newcomb, 371 Ransom, 67 Rayson, 68
Sherwood, 154 Shirley, 185
Smith, 155, 251, 507 Unett, 44, 86
Smurfitt v. Begg, 449
Snow v. Hale, 318
Soden v. Percy, jun., 45
Solomon v. Lawson, 64, 84, 135 Nimmo, 94
Somers v. Hobden, 113 Sourton v. Marriott, 318 Sparling v. Parker, 465 Spalding v. Ruding, 317 Springett v. Morrell, 204 Standen v. Christmas, 62 Stanley v. Logie, 265 Stavers v. Wright, 141 Steadman v. Arden, 261 Hockley, 211
Stevens v. Desborough, 230 -Frost, 113
Steward v. Todd, 142 Stewart v. Wilkinson, 81 Stinton v. Bloxham, 93
Stroud v. Watts, 113, 140 Summers v. Ogden, 209, 258 Sutton v. Page, 185, 208 Swift v. Hawkins, 142, 301 Swinton . Thompson, 66 Sykes v. Cooper, 452
Taprell v. Taylor, 338 Tarry v. Newman, 301
Tart v. Darby and Another, 262 Tarte v. Phillips, 317
Taylor v. Brooke, 109
clerk, . Pye, 361
Teesdale v. Swindall, 507 Tempest . Killner, 65, 209
Tennant . Crastell, 82
Ward v. Key, 338
Robins, 114
Wareham v. France and Others, 231 Prance and Others, 260
Watson v. Davis, 156
Parker, 425
Rennie, 185
Watts v. Lord Eglintoun, 405 Weatherby v. St. George, 367 Webb v. Watts, 409
Westlake v. Gardner, 142, 283, 284 Weiss v. Lumley, 183, 489
Westley v., 228 Wheeler . Dalowey, 233 Wheler v. Dollaway, 67 Whicker v. Hume, 386 Whitaker v. Richards, 206 Whitcher . Penley, 488 Whitcombe v. Deakin, 109 White v. Cox, 84
J. Hancock, 85
Whitfield . Waite, 266
Whitmore and Others v. Lake, 64
Walker v. London and Blackwall Railway, YARBOROUGH v. Garbett, 186
Wall v. Pickernell, 45, 94, 256 Waller v. Blacklock, 116, 188, 342 Wallis v. Brown and Another, 141, 209
Great Western Railway, 188
Walstab v. Spottiswoode, 66, 211, 212, 262
York and North Midland Railway Company
v. the Queen, 142, 284, 346
York v. White, 108
Youell v. Cross, 526 Younghusband v. Gisborne, 221
ZULUETA v. Miller, 65, 161.
INDEX TO SUBJECTS OF CASES.
ABATEMENT, 257; coverture is plea of, 185; costs on plea of, 259; auter action pending, is bad plea, 211; affidavit of verification must be true in oninibus, 235 ; in criminal pleading is necessary, 9 Acceptance of goods under Statute of Frauds, 527
Admission in recital of deed, 298 Advertisement of reward, construction of, 321, admission of under judge's order, no admission of authority to insert, 452 Affidavit taken before attorney, 116; jurat without "before me" is void, 138; former affidavits, when may be used. 138, 235; filing in mitigation of punishment, 182: -verifying plea of abatement, 235; by fo- reign creditor, for proof in bankruptcy, when insufficient, 546
Agreement of two parts, stamp on, 433; by attorney, for per centage upon assets admi- nistered, invalid, 486
Alien, legacy and probate duty upon property of, 367
Allottees, right to recover deposits, 262; notwithstanding execution of deed, 287; but scheme must be abandoned, 370 Amalgamation of companies, 447, 545 Amendment, liability of Crown for costs of, 141; which must be made within reasona- ble time, 208 (see 230); of name in judg ment, 235; when costs given, although no amendment made, 258; of attorney's affi- davit as to clerk's service, 259 .Animals, liability of person keeping dan- gerous, 231, 253; sale of, under 5 & 6 Wm. 4, c. 59, 83
Annuity, effect of setting aside, for non-en- rolment, 184; priority of annuities under wills, 297; chargeable with judgment, 201 Anticipation, clause against, construction of, 41, 249 (Brown v. Bamford). (See upon re-settlement by wife, 321.) Apothecaries' Company, certificate, how proved, 387
ARBITRATION AND AWARD:-
Where special case granted, 86; award, shewing joint right of action, and plead- ings thereon, 28 (see 109); when cause referred to Master, practice, 67; judg ment, when to be signed upon verdict, subject to award, 88; finality of award as to issues, 93; bad for awarding gross sum for costs, 109; as to investigating title, 111; arbitrator's notes cannot be used upon motion, 117; time for motion to set aside, 137; when cause only re- ferred, 142 ; lien of attorney for costs paid to take up award, 406 Architects' commission, 41 Arrest, duty of officer under 32 Geo. 2, c. 28, 204; married woman, liability of, to, 406 Assignment for creditors valid, notwithstand- ing fiat, 387
Articles of the peace must state the time for which sureties are to be found, 139 Attachment upon erders under 1 & 2 Vict. c. 110, s. 18, 139
Atheist, cannot be assignee, 546 ATTORNEY AND SOLICITOR :-
Liable in trespass if writ executed wrongly, 60; no right to money out of pocket when cause lost by negligence, 60 (see 183); privileged communications to partner, 66; in bankruptcy, 94; prac- tising without certificate is indictable, 83; not bound by his client's answer in Chancery, 112; liability to sheriff's officer for expenses, 184; privilege from arrest when attending County Court, 212; may be excluded from practising at quarter sessions, 256; amendment of description in affidavit, under 6 & 7 Vict. c. 73, ss. 8, 9, 259; lien for costs in pau- per cause, ib.; for costs paid to take up award, 406
Bill.-Non-delivery of bill must be pleaded, 91; not taxable by outlaw, 142; should state Court in which business is done, 211; stating account does not bar taxa- tion, 226; expedition-money not allowed on taxation, 42; payment by retainer of funds, 2; constructive payment, 79 ; ex- ception to report of Master upon taxa- tion should state specific cause, ib.; de- livery of bill ordered in Equity, 25; four day order should be applied for with affidavit of non-delivery, 318; solicitor ordered to shew cause why he should not be struck off the roll, no motion being made, 26; agreement for commission by way of remuneration, void, 486. Attorney, letter of, must be stamped, 86
Bank of England, transfer of stock, 61 Banking Company, notice to members of, Compensation clause in Railway Act, 201 effect of, 257 Conditions, independent, 253; precedent,
Banker's lien, 525 BANKRUPTS AND BANKRUPTCY:- Declaration and pleadings on Hond under 1 & 2 Vict. c. 110, s. 8, 4; power to grant certificate on third fiat, 7; goods obtained by fraud, not within reputed ownership clause, 114; commitment of bankrupt for not answering satisfactorily, 117; proof against joint estate, 118; insolvent may petition under 7 & 8 Vict. c. 96, 118; dividend retained where right of stop- page in transitu doubtful, 119; proof by
sharebroker, for sale of shares, 142;
fees under 1 & 2 Wm. 4, c. 56, due al- though no assets, 189; adjournment of adjudication, 212; duty of bankrupt to prevent execution, 285; when embar- rassed, 323; course of proceeding upon bankrupt's own fiat, 318; costs may be paid on debt though not taxed, 369; wit- ness entitled to expenses before giving
evidence, ib.; accounts passed with re- servation of power to oppose, ib.; as- signment for creditors when good, not- withstanding subsequent bankruptcy, 387; evidence of subsequent promise, under 6 Geo. 4, c. 16, 526; atheist not allowed to be assignee, 546; affidavit for proof not sufficient because of foreign seal, ib.; trader, under 5 & 6 Vict. c. 122, s. 11, when entitled to costs on sum- mons, 7; affidavit cannot be ordered to be taken off the file, 29; form of warrant of commitment, 133; jurisdiction of Court of Review, ib.; enforcing costs in, 173; what trusts go to assignees, notwithstanding, alienation clause, 221; order to consolidate estates of two firms, 426; proof against estate of deceased partner, ib.; rule as to privileged com- munications, 94; costs of solicitor, 491; to bankrupt's own fiat, 266 (see 348); cannot be awarded as damages by com- missioner, 491; certificate refused to bill discounting attorney, 348; for ac- commodation bills, foreign from business of partnership, 369; for obtaining goods to raise money, 527; may be withheld, Base fee, creation of, 368 where no opposition, 408
BILLS OF EXCHANGE AND PROMISSORY NOTES:-
Averment of general presentment, when sufficient, 200; alteration of foreign bill, 256; agreement stamp in promissory note, 256; evidence under traverse of indorsement, 261; effect of notice of dishonour in wrong name, 87 Bond, replication to plea of general perform-
Bottomry, liability of ship and cargo, 451 British and Foreign School Society not within 6 & 7 Vict. c. 36, 206 Broker's right to commission, 257
Copyright, objections under 5 & 6 Vict. c. 45, 188; action by assignee, 469; license to publish, effect of, 469; what is piracy, .although, quotations acknowledged, 277 Coroner's inquisition, signature, statement of holding, 433; of name, ib. Corporation, liability upon contracts for ne-
cessaries, 111; clerk to magistrates, right to compensation, 429; liability to indict- ment for misfeazance, 468 Costs, in trespass, after payment into court, 89; upon new trials, 82; of remanet, 84; under tithe Acts, 85; in trespass, 89; against pauper, 93, 141; upon writ of sum- mons, 113; under Court of Requests Act, 140; is Crown liable to costs of amend- ment? 141; upon stay of proceedings, on payment of debt and costs as between attorney and client, 234; liability of exe- cutors, 256; of parties grieved under 5 & 6 Wm. 3, c. 11, attachment issues, after de- mand, on one of several liable, 256; on judge's orders, 258; of detaining a witness when cause made remanet, 259; on plea of coverture, 259; of action, where amend- ment made after a remanet, 342
County Court, jurisdiction of, 229 Customs, imprisonment after previous con- County rates, 226
viction under 8 & 9 Vict. c. 87, s. 105, 143 Court-baron, description of proceedings in, 88; writ of false judgment, 87 Court-leet, obstruction of officers, 225 Covenant, for quiet possession, 82; not to be implied, 207; by assignee of a mortgaged term, 280; privity of estate, to justify ac- tion, 456; joint and several interests, 450; in marriage settlement, construction of, 223; specific performance of, 505 Coverture is plea of abatement only, 185; costs on plea of, 259 Criminal information, when refused, 136; for challenging counsel, 323; practice as to granting, ib.
Arson, of gaol, not indictable at common law, 388; sedge and rushes" not "straw" within 7 Wm. 4, and 1 Vict. c.
89, 470. Embezzlement by assistant overseer, 29. Larceny in church, statement of property, 265; of a post letter, lucre causa, 285; of growing trees, under 7 & 8 Vict. c. 29, 301; of goods found by married woman,
Marriage, between Protestants, by Roman Catholics, felony, 347. Personation of voter at municipal election, not indictable, 30. Evidence, of uttering forged bill 119; in- ducement by attorney to prosecution ex- cludes confession, 410; depositions should not be taken in absence of pri- soner, 370. Indictment, for false pretences; suffici- ency, 227; for ill-treating a lunatic, 251; when bad, ib.; will lie against corpora- tion for misfeazance, 468; of employers of innocent agent as principals, in for- gery, 7; against attorney for practising without certificate, 83; against husband and wife for uttering base coin, 236; statement of cause of death, 370; vari- ance in, ib.; for setting fire to gaol, 388; plea under 6 & 7 Vict. c. 96, s. 6, not
pleadable to indictment for seditious 1ibel, 546.
Autre fois acquit for misdescription of pro- perty when pleadable, 432; dilatory plea must be verified, 9; demurrer, practice as to, in Ireland, 546; costs to parties grieved under 5 & 6 Wm. 3, c. 11, 256; rape, grand jury at sessions may find a bill for, 388; proceedings under 7 & 8 Vict. c. 29, 301.
DAMAGE, statement of, in action on the case, 281.
Debt, when maintainable, 115, 161; on a deed, 84,85.
Dilapidations, liability of executors of incum- bent, 370.
Distilling, what is, under the Excise Acts,
Under, never indebted, 62; money lent, 44; advertisement in colonial news- paper admissible, 62; invoice is not proof of contract, 66; bill and answer in Chancery when inadmissible, 80; under not possessed, 81; admission explained by evidence, 82; answer in Chancery not evidence against solicitor who filed it, 412; of acting as public officers suffi- cient in ejectment, 139; under return to mandamus to Courts in India, 180; to explain written contract, 187, 231; of co-conspirator admissible, 186; in action for insertion of advertisements, 236; of reputation as to reputed manor, 252; under traverse of indorsement, 261; of certificate of Apothecaries' Company, 387; log-book and captain's statement not admissible against underwriters in an action against them for freight, 452; of agency as to provisional committee, 452; effect of admission of advertise- ment, 452; of subsequent promise by bankrupt, 526; of acknowledgment in bar of Statute of Limitations, 298; when specific performance is sought of missing deed, 425; variance, 136, 210, 211, 469 Exchequer, jurisdiction of, transfer to Chan-
FACTOR, cannot sell against orders to re- pay advances, 339
False assertion when actionable, 252 Feigned issue, form of, under 8 & 9 Vict. c. 109, not imperative, 86 Felony, arrest upon suspicion of, 185 Fellowship, assignment of, 222 Fines, upon renewal of leases, adjustment of in equity, 157 Fishery, notice of action to magistrate under fishery acts, 91 Fixtures, 109
Foreign law, how pleaded, 184; foreign judgment, 207
Foreigner, may have a patent, 228 Frauds, statute of, fourth section, 64, 85; as to executed considerations, 64; as to
guarantee, 186; acceptance of goods, under, 5, 27
Freight, liability of, to bottomry expenses,
GIFT by undue influence cancelled, 105 Goods sold, time to sue for, 44
Grand Junction Canal Acts, construction of, 226
Guarantee, when invalid, 186
Guardian and ward, undue influence, 105 Guardian ad litem, practice as to appoint- ment will be adhered to, 176 (but see 525); appointment of wife, husband being lunatic, 202 (see 337)
HUSBAND AND WIFE:-
Action for wife allowed to be brought in name of unwilling trustee, 118; eject- ment by husband against wife, 160; liability of wife, for arrest upon debt, dum sola, 406; liability of husband (Irish) for desertion of wife, 8; in- dictment of husband and wife for uttering base coin, 236; construction of clause against anticipation, 41, 249; ap- pointment of wife as guardian, where husband lunatic, 202; wife, may resettle estate, with clause against alienation,
INDICTMENT, compromise of, when legal, 347
Infant, guardian of, at common law, not recognized in equity, 43; appointment of guardian ad litem, 176 (but see 525); fresh defence after majority, 318; custody of, when wife separated from husband for violence, 488; costs under 2 & 3 Vict. c. 74, 489; jurisdiction of Court, as to custody of infants, and principles of its exercise, 545; Court will not interfere where parents live in Ireland, ib. INJUNCTION:-
Not to be obtained by defendant not hav- ing personal interest, 27 (see 41); for piracy of copyright, 277; practice, as to rules nisi, and drawing up orders upon, ib.; appearance on, in patent case, 338; to restrain action at law for irregular arrest, 367; may be granted, although specific performances would not be decreed, 445; against sheriff for seizing wrong goods, dissolved, 545 Costs, of motion to dissolve, after appeal, 77; motion to dissolve after replication, and before publication, 223 Information by Attorney-General in equity, 175
Inquisition, on commission, out of Exche- quer, 233
Insane man, purchase by, effect of, 301 INSOLVENCY AND INSOLVENT COURT:- Evidence of proceedings, 91; amendment of schedule under 7 & 8 Vict. c. 96, s. 30, 45; will not be protected if he has distributed his own property, 119; second opposition, rule as to, 189; final order, under 7 & 8 Vict. c. 96, no bar to action, 230; must describe himself by all his names, 266; privilege from arrest, ib.; sufficiency of residence, 348; may dispose of after acquired property before notice by the assignee, under 5 & 6 Vict. c. 116, s. 9, 452; petition, under 7 & 8 Vict. c. 96, must state at head name, address, and quality, ib.; pro- visional assignee in redemption suit, not entitled to costs, 108
SMALL DEBTS ACT:- Interim order will not protect from com- mittal under Small Debts Act, 491; debtor wilfully absent from meetings not to be protected, 29; application for sum- mons must be signed by creditor, 119; payment of instalment due, and costs of proceedings entitles to discharge, 369; judgment-roll should state writs partly executed, 527
Inspection of document, when refused, 234; granted to allottee of shares, as to sub- scribers' agreement, 261; where there is also order for production, 387 Insurance, risks insured against, 81; right to begin in action upon policy, 232; meaning of "committing suicide," 342; notice of assignment, 487 Interest upon voluntary bond, 338; effect of admission of payment upon mortgage upon receiver's accounts, 450 Interpleader Act does not protect sheriff for actual trespass, 259 Judge's order for judgment, rule as to at- testation, is not obligatory, 142 Judgment, charge upon annuity, 201; right of creditor to priority by execution not executed, 467 Judgment as in case of nonsuit, 93; affi- davit for, 235; peremptory undertaking may be enlarged, 212
LANDLORD AND TENANT.-Notice to quit, according to terms of lease, 182; lease or agreement, 208, 262; notice to quit in names of several, 208; negligence of te- nant, ib.; liability of sub-lessee to repair, 226 Legacy, payable at a future time, interest upon, 107
Legacy duty upon alien's property, 367; when legacies payable free from, 488 Libel, by comment on sermons, 89; by letters in newspaper, want of specific reference, 135; plea of apology, and payment into
court, 142; plea under 6 & 7 Vict. c. 96, s. 6, not pleadable to indictment for seditious libel, 546
Lien, of certificated conveyancer, 211; of bankers, 525
Lights, obstruction of, 82
Limitations, statute of, good plea to bill of discovery, 80; admission of interest by reci- tal insufficient to bar statute as to debt, 298; pending execution of trust does not run, 299
Literary institutions, rating of, 64, 206 LUNACY:-
Continuance of gratuities allowed by luna- tic, 77; repayment of advances made to lunatic, ib.; expenses of elections al- lowed, 221; commission against person abroad, 298, 465; appointment of guar- dian ad litem, 202, 337; reference to in- quire as to propriety of expenditure by trustee, 467; expenses by husband of lunatic not found, 485; payment into court by committee without prejudice to account, ib.; order to examine lunatic abroad, ib.; by committee without pre- vious order, 525
MARRIAGE between Protestants by Catho- lic is illegal, 547
Master's office, practice in, 173 Malicious prosecution, evidence of want of probable cause, 63; proof of one false charge sufficient, 82
Mandamus, to justices when appeal dismissed for mistake of name, 117; to verderers of Waltham Forest, refused, 160; to courts in India under 13 Geo. 3, c. 63, and 4 Geo. 4, c. 71, 180; return to, ib.; to railway com- pany, when void, 346; costs against parish officers, 204
Manor, evidence of reputation as to reputed,
MASTER AND SERVANT:—
Invalid conviction under 4 Geo. 4, c. 36, 205; liability for negligence of servant, 208; declaration for improperly discharg ing, 225; what is not restraint of trade in agreement to serve, 340 Medicines, patent, right to recover for, 527 Merger of base fee, 368 Modus, 209
Money had and received, when it will not lie,
Money lent, evidence of, 44; transfer of stock is evidence of, 46 Money paid for purchase of shares, when not recoverable, 300 "Months," meaning of in conditions of sale,
Mortgage, legal effect of not restrained by
covenants and provisoes, 109; taxation of till after payment, 2; power of sale, sale set aside, 57; costs upon bill to redeem, 108; account on bill to redeem, 220; debt not revived by admission of payment of in- terest, 208; priority of, on turnpike tolls, 405; of policy, notice essential, 487 Mortgagee, assignee's right upon covenants for rent, 280
Mortmain Act, 174, 465 MUNICIPAL CORPORATION:-
Appropriating borough rates, 137; per- sonation of voter at municipal election not indictable, 30
NEWSPAPER, proof of conformity to 6 & 7 Wm. 4, c. 76, when unnecessary, 236 Notice of action, 91, 139 Notice to members of banking company, 257 Nuisance, right to abate, 180
OUTLAW, cannot tax attorney's bill, 142 Overseer, assistant, is not "clerk or servant' under embezzlement acts, 29
Partners, set-off, action by, 85; what is not a partnership, 281; right to trade mark, 41; bill for contribution parties, 106; evi- dence of partnership, 156; proof in bank- ruptcy where two firms consolidated, 427 Patent for steam propellers, 203; surface motion, 224; what is invention of, 228; alien may have, ib. ; after invention abroad, ib.; construction of specification, 283; form of judgment upon scire facias, 407; material, is not essence of invention, 431; effect of appearing upon injunction, 338. Pauper-may be dispaupered, 90; and com. pelled to pay costs by one rule, 92; liable for mistake of attorney, 141; lien of attor- ney for costs where pauper plaintiff, 259. Paving Acts, construction of, 341; notice when condition precedent, ib. Pawnbroker, right to use pawn, 281. Policy, assignment of, notice of, 487. Power, of appointment, fraudulent exercise of, 135; execution of power, not subject for Prerogative Court, 445. PLEADING, CHANCERY:-
Plea-to bill for discovery of documents, bad, 24; of Statute of Limitations, good,
Parties representatives of settlor of fraudulent settlement not necessary par- ties, 25; to bill for contribution, but not partnership account, 106; in bills as to railway companies, 156, 176, 337; in bills for redemption of mortgage, 221; to bill against surviving executors for breach of trust, 279; of heirs and next of kin, in administration suit, 488 Multifariousness, 506; want of equity, ib.
PLEADING, COMMON LAW:- Declaration-in libel, by letters in news- papers, 135: in slander, sufficiency of inuendoes, 177; general verdict, 178; bad for want of damage as necessary consequence, 182; declaration for non- repair, sufficiency of breach, 224; for dis- charging servant, 225; injury by danger- ous animals, 231, 253 Pleas-under prescriptive Act, 114; of apology and payment into court in libel, 142; foreign law, how to be pleaded, 184; of foreign judgment, 207; in tres- pass, suspicion of felony, 185; in re- plevin, 201; to debt, on judgment of a partial levy, bad, 209; in confession and avoidance in trover, 282 Issuable pleas, 161, 489
De injuria-in trespass, when bad, 157 Pleading, proviso, in statute, 187 PRACTICE, CHANCERY: -
Amendment after replication, 2; discre- tion in allowing after delay, 57; com- mon order for when irregular, 250; answer, reading, as admission, 176; ap- pearance for infant, 77; distribution of purchase money suspended, 78; dismissal of bill pending an interlocutory motion, 221; dismissing bill after decree refused, 108; for want of prosecution, 134, 155, 156, 365; exceptions referring for insuf- ficiency, 507; filing replication, Easter vacation, 109, 202; enlarging publica- tion, 202, 222, 427; retransfer of causes, 317; revivor will not lie for costs only, 230; suppressing depositions by plaintiff signing as pauper, 469; Master's duty on reference, 26; practice in Master's office, 173; order for serjeant-at-arms, practice as to, 251; sale to plaintiff without reference to Master, 321; soli- citor, changing on record, 26; where plaintiff's solicitor had not taken out certificate, 526; staying proceedings pending appeal, 155, 337; after decree in another suit for administration, 247; on defendant's application, 525; sub- poena, service of, abroad, 58, 155, 251, 317; substituted service upon wife, 156; service on formal parties after amended bill, 319; motion to take certificate for commission, off the file, 135. New Orders, May 1837, 13th, 223; Aug.
1841, 12th, 108: 28th, 367; 32nd, 279; 39th, 80; 46th, 338; 48th, 26; May 1845, 16th, rule, 25, 175, 507; rule, 38, 79; 31st, 3; 32nd, 77, 337; 33rd, 58, 317; 65th and 66th, 2; 68th, 57; 114th, 135, 365; 120th, 154; 117th, 175. Costs of proceedings for purchase by rail- way, 3; of puisne incumbrancer in fore- closure suit, 2; gratuities, as expedition money, not allowed on taxation, 42; of petition for transfer of fund after order of apportionment, 42; on bill to redeem mortgage, 108; in foreclosure suit, 109; under 120th Order of May 1845, 154; of bringing of consent in creditor's suit, not allowed, 318; of enlarging publica. tion, 427; security for, when plaintiff has no permanent residence, 78. PRACTICE, COMMON LAW:- Amendment, when refused, 208; appear- ance wrongly entered is irregularity, 93; waiver of, ib.; time for, under R. G. E. T. 2 Wm. 4, s. 1, 140, sec. stat.; after omission to indorse service, 212; notice of declaration, when irregular, 116; pay- ment of costs indorsed upon writ, 112; distringas for outlawry, 142; issue, under writ of trial, should state teste of writ, 141; not counsel's signature, nor date of return, ib.; notice of trial revoked by commission to ex- amine witnesses, 28; cause will not be heard by judge who has acted as counsel in it, 45; right to begin, 232; new trials, rule as to costs of, 83; of cause in County of Lancaster Court, 188; not granted, if result will be the same, 265; judges' order when to be served, 93; practice of court, in setting aside, 451; judgment when signed upon verdict subject to award, 88; upon judges' order, 142; peremptory undertaking may be enlarged, 212; right of Crown to reply in Exchequer Chamber, 233; second ap- plication, refusal of, 228; several pleas, rule as to Court interfering, 61; staying proceedings in action brought for benefit of wife in trustee's name, 118; where at- tachment from Lord Mayor's Court, 188; upon rule Nisi, without notice, 259; summons, review of judge's decision upon, 143, 204, 235; writ of inquiry un- necessary, 91; certificate may be in name of sheriff upon writ of trial, 140; change of attorney, practice as to, 229. Presumption, Act, pleadings under, 114; question for the jury as to interruption, 281 Principal and agent, liability upon purchase of shares by broker, 81, 430 Prinincipal and surety, set off, 260 Privileged communication of attorney to partner, 66; rule in bankruptcy, 94 Probate, diocesan, sufficiency of, 108; duty of Prerogative Court as to admission of will under power, 445; alien, legacy and probate duty on property of, 367 Probate duty, on property of an alien, 367 Production of documents, rules as to, 24, 153; does not waive privilege in equity, 300; with concurrent order for inspection,
Prohibition, when granted, 253 Puffers, employment of at auctions, 92 PUBLIC COMPANY:-
Provisional committeemen, release by one is good, 46; liable to former mem- ber of company, 62; extent of liability of directors, 182, 187, 236, 286, 287. 409, 452, where managing committee, 408; not liable for contracts of engineer, 452; recovery of deposit, 252, 287, 370; sale of shares by one member not frau- dulent against others, 27; rights to sue in equity, 156, 176.
QUARE IMPEDIT, striking out counts, 184 Quo warranto law, as to, 160.
Meaning of shares, 89; sale of scrip le- gal, 143; sale of spurious scrip, 186; right of allottee to recover deposits, 262, 217, 370; to inspect deeds of company, 261; as to sale of shares and transfers, 300; mandamus to, when void, 346; amalgamation of companies, 447, 545; costs of proceedings for purchase pay- able by company, 21; suit in equity by member of company, 156, 176, 337; construction of compensation clause, 201; after transfer of shares, subscriber no locus standi, 386; pleas as to regis ter of company, under 7 & 8 Vict. c. 110, 256, 430, 431
Rape, grand jury may find bill for at ses-
Rates, overseers must furnish copies of, un-
der 17 Geo. 2, c. 3, 82; county, parochial, and Parliamentary, 226 Rating of literary institutions, 64, 206 Receiver, when appointed, 467 Registration, not necessary for railways, un- ,der 7 & 8 Vict. c. 110, s. 26, 430, 431 Religious Tract Society not within 6 & 7 Vict. c. 64
Remitter, by entry, 368 Replevin, right to distrain by assignee of rent-charge, 59
Representative, personal, bequest to, mean- ing of, 52, 66
Restraint of trade, 340 Requests, Court of, right of defendant to costs under, 140
Right to begin, 233, 340
SALVAGE, claim for, when subsequent want of skill, 509 Scire facias to repeal patent, form of judg- Scrip, sale of, is legal, 430, 431 ment, 407 Seduction, loss of service, 469 Sermons, right to comment upon, 89 Separation deed, construction of, as to after- born children, 278 SESSIONS PRACTICE:-
Service of recognizance under 8 & 9 Vict. c. 10, 116; appeal not to be dismissed for erroneous names in the notice, 117; appeal, entry respecting where no notice to respondents, 226; may be excluded from sessions, 256; certiorari to recover order, grantable ex parte in vacation, 203; costs given against parish on fri- volous objections to mandamus, 204. SETTLEMENT AND REMOVAL:- Certificate of chargeability, identification of pauper, 83; division of parish, 84; union of parishes, 227; apprenticeship, deed, sufficiency of allowance, 84; order shewing complaint to be within juris- diction is sufficient, 117; imperfect ap- prenticeship, 183, 254; exceptive hiring, ib.; measurement, as to residence for estate settlement, 204; notice of ap- prenticeship under 5 & 6 Geo. 3, 139, 294.
Examination.-Sufficiency as to relief given, 110; as to jurisdiction, 182; as to relief by officer of parish, and residence of pauper, 158; of complaint of charge- ability, 206; as to hiring and service, date, 205; as to caption, 339; of order of removal bad as to jurisdiction, 203; as to jurisdiction of police magistrate, 206; stamp is not part of document within the rule as to sending copies, 158; new evidence offered against removal,
Set-off, in mitigation of damage, 260; by surety, for execution levied to pay debt of principal, 260
Shares, meaning of, 88 Sheriff, duty of, after notice of rent due, 254 Ship, liability for bottomry, 451; right of
successful suitor to preference in full, 469 Slander, continued discourse, 177; general
damages, 178; when damages not neces- sary consequence, 182: (see 490) Specific performance, costs upon bill for, 108; dismissed, where probate doubtful, ib.; against vendor, refused, when deeds in possession of wife, 298; dismissed for non-concurrence of parties necessary by terms of agreement, 385; of missing deed, 425; where agreement defective, 445; if agreement void upon principles of public policy, 486; prayed for by lessee, sub- lessee not applying, 505 Stamp-banker's cheque, 59; on letter of attorney, 86; unnecessary on agreement by assignees to refer to arbitration, 433; upon agreement of two parts, ib. STATUTES:-
5 & 6 Wm. 3, c. 11, costs, certiorari, 256 6 Anne, c. 11, abatement, 9
« EelmineJätka » |