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
IN COUNCIL.

(7 L. T. N. S. 736-738; S. C. 11 W. R. 261; 1 N. R. 262.)
[This case will be reprinted from 11 W. R. 261, the report usually cited.]

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
indorse time of service on writ-Common Law Procedure Act, 1852
(now R. S. C., Ord. IX. r. 15). Curlewis v. Broad.

AGENT. See Principal and Agent.

APPEAL. See Practice, 1.

543

APPRENTICE Deed of apprenticeship - Breach of covenant-
Apprentice absenting himself from service-Damage recoverable only
up to time of action brought. Lewis v. Peachey.

. 635
ARBITRATION-Award-Validity-Improper exclusion of parties
by arbitrator-Acquiescence-Duty of arbitrator. In re Haigh
73

AUCTIONEER-Employment to sell by auction does not authorize
sale by private treaty if auction proves abortive-Evidence of custom
among auctioneers to contrary not admissible. Marsh v. Jelf
836

BANKRUPTCY-1. Act of bankruptcy-Assignment under pressure
of part of trader's property to secure certain creditors-Fraudulent
transfer-Substantial property remaining in debtor's possession. Smith
v. Timms

799

2. Deed of arrangement-Limited time to come in under deed-
Accession of creditors-Time of essence of deed-Release of debtor
inferred. Whitmore v. Turquand
50
Jurisdiction of Court to allow expenses of trustees of
deed of arrangement which had been superseded by bankruptcy of
debtor. Ex parte Tomlinson

3.

321

4. Proof-Partnership-Liability of partners of new for debts of
old firm. Ex parte Chaninel
322

5. Property passing to trustee-Double insolvency-Deposit of
securities to cover bills of exchange and cash advances—Application of
rule in Ex parte Waring. Ex parte Ackroyd

. 315

BASTARDY-Money spent by mother on lodgings and necessaries
at request of reputed father-Suit for money paid-Evidence-Admissi-
bility of mother's letters to reputed father not answered by him. Gore
v. Hawsey

. 888

BILL OF EXCHANGE AND PROMISSORY NOTE-1. Action by
drawer against acceptor-Defence to action-Plea of fraud-Conceal-
ment of defects in chattel-Caveat emptor. Horsfall v. Thomas 394

2. Consideration-Usury-Bill given after repeal of usury law in
renewal of bill given while that law was in force-Consideration for new
promise. Flight v. Reed

741

BILL OF EXCHANGE AND PROMISSORY NOTE-3. Promissory
note, form of Joint and several promise to pay W. S. & M. "or to
their order or the major part of them"-Held, a valid note upon
which the three payees might maintain an action. Watson v.

Evans.

718

BILL OF SALE-Mistake as to amount-Clerical error-Amendment.
Elliott v. Freeman

BONUS-Capital or income. See Will, 16.

-

962

BUILDING SOCIETY - Promissory note Personal liability of
secretary signing note as such. Bottomley v. Fisher

466

CARRIER-Delay in sending on goods-Want of means of convey-
ance-Damage to goods by weather-Contract-Breach of duty. Cohen
V. Gaudet

875

COMPANY Winding up-Contributory Transfer of shares to
servant to avoid liability-Colourable transfer. Budd's Case. . 138

CONFLICT OF LAWS-1. Domicil - Chief Justice of Ceylon —
Presumption of continuance of domicil of origin-Burden of proof—
Liability to legacy duty. Att.-Gen. v. Rowe

2.

353
Attaché to foreign embassy in England-Liability to
legacy duty-Exemption from taxes-Nature and extent of privilege.
Att.-Gen. v. Kent
342
3. Action in England for tort committed abroad-Plea of
criminal proceedings pending here-Lex fori-Lex loci—Objection to
procedure determinable by lex fori. Scott v. Seymour
470
CONTRACT—1. Breach of-Time for completion- -"Month" held to
mean lunar month in all cases where no evidence to contrary or where
work not a mercantile transaction within custom of city of London.
Turner v. Barlow

2. Work and labour, liability for-Evidence of employment-
Benefit to third party. Chidley v. Norris

835

3. Building contract-Expensive process outside work contracted
for-Evidence of contract to pay extra price-Authority of architect.
Wallis v. Robinson

COPYHOLD—1. Devise of-Fine paid by devisee-Lord's right to
second fine-Executory devise-Custom of manor Receiver. Randfield
v. Randfield
328
2. Fine-Mistake-Fines and Recoveries Act, 1833, s. 7. Life
Association of Scotland v. Siddal
28

CORONER-Removal of, for misbehaviour in office, under 23 & 24
Vict. c. 116, s. 6 (now 50 & 51 Vict. c. 71, s. 8). In re Ward
COSTS-Administration suit-Infant-Costs of next friend. Clayton

COUNTY COURT-1. Costs-Payment into Court in action under
£20-Meaning of recover" in County Courts Act. Parr v. Lillicrap

66

688

2. Jurisdiction-Where dispute has arisen between member and
trustees of friendly society for decision of which specific tribunal is pro-
vided by rules of society. In re Denton
712

3. Prohibition-Delay in application for writ. In re Denton. 712