FIELDEN be dung unless it had first been eaten, and it could not be TATTERSALL eaten because it was not eatable. It was sold because it was not fit for food. The agreement compelled defendant to use, on the farm, all such hay, &c., as was converted by the mouths of the cattle. This was not capable of being eaten, and so was not "fodder" within that meaning. POLLOCK, C. B.: We are all of opinion that the verdict was rightly entered, and that this rule must be discharged. The jury found that what plaintiff had removed was hay, though it was not fit for food. The agreement imposes a penalty, or additional rent, for every ton, or any less quantity, of "hay, straw, or other dry fodder" sold off or removed from the premises. What defendant removed was hay, and came clearly within the meaning of the covenant, although it was hay of very inferior quality, and unfit for food. MARTIN, B.: I am of the same opinion. When that part of the lease or memorandum of agreement immediately preceding the covenant, the breach of which is complained of in this action, is looked at, namely, the clause imposing an additional rent of 101. "for every ton, or any less quantity than a ton, of the dung, manure, or compost that shall arise or be bred upon or produced from the said premises," which shall be taken away, I think it is quite clear that it was the object and intention of the parties that everything should be left on the premises that was grown and produced there. If there was any reasonable doubt in the matter, I should be glad to give the defendant the benefit of it, for I must say that it seems to me to be a very hard case upon him; but the evidence showed that this was hay, and the finding of the jury confirmed it. The rule, therefore, must be discharged. WILDE, B.: I am also of the same opinion. I thought at the trial that the action was a very hard one. But it is impossible to do otherwise than adhere to the strict words of the covenant. Rule discharged. IN THE QUEEN'S BENCH. WESTWOOD v. SECRETARY OF STATE FOR INDIA (7 L. T. N. S. 736-738; S. C. 11 W. R. 261; 1 N. R. 262.) 1863. Jan. 16 INDEX. [In this and future indexes only cases reproduced at large will be included.] ACTION, CAUSE OF-Process server-Breach of duty-Neglect to AGENT. See Principal and Agent. APPEAL. See Practice, 1. 543 APPRENTICE Deed of apprenticeship - Breach of covenant- . 635 AUCTIONEER-Employment to sell by auction does not authorize BANKRUPTCY-1. Act of bankruptcy-Assignment under pressure 799 2. Deed of arrangement-Limited time to come in under deed- 3. 321 4. Proof-Partnership-Liability of partners of new for debts of 5. Property passing to trustee-Double insolvency-Deposit of . 315 BASTARDY-Money spent by mother on lodgings and necessaries . 888 BILL OF EXCHANGE AND PROMISSORY NOTE-1. Action by 2. Consideration-Usury-Bill given after repeal of usury law in 741 BILL OF EXCHANGE AND PROMISSORY NOTE-3. Promissory Evans. 718 BILL OF SALE-Mistake as to amount-Clerical error-Amendment. BONUS-Capital or income. See Will, 16. - 962 BUILDING SOCIETY - Promissory note Personal liability of 466 CARRIER-Delay in sending on goods-Want of means of convey- 875 COMPANY Winding up-Contributory Transfer of shares to CONFLICT OF LAWS-1. Domicil - Chief Justice of Ceylon — 2. 353 2. Work and labour, liability for-Evidence of employment- 835 3. Building contract-Expensive process outside work contracted COPYHOLD—1. Devise of-Fine paid by devisee-Lord's right to CORONER-Removal of, for misbehaviour in office, under 23 & 24 COUNTY COURT-1. Costs-Payment into Court in action under 66 688 2. Jurisdiction-Where dispute has arisen between member and 3. Prohibition-Delay in application for writ. In re Denton. 712 |