See MASTER ANd Servant, (2).

COMMON.

One of the rules of a Building Society (made in pursuance of the 10 Geo. 4, c. 56, s. 27, and 4 & 5 Wm. 4, c. 40. s. 7), provided that "the Board for the time being Right of, for fractional part of Cow. should determine all disputes which might arise concerning the affairs of To an action on the case for disthe Company, or respecting the con- turbance of a right of common by struction of those rules or any of the putting cows on the common field, clauses or things therein contained, the defendant pleaded that he was and also of any bye-laws, additions, possessed of certain land, the occualterations, and amendments, which piers whereof had, for thirty years shall or may or may hereafter arise before the suit, &c., enjoyed common between the trustees. officers, or of pasture in the field for "one cow other shareholders of the Company: and three fourth parts of a right of and the decision of the Board, if sa- common of pasture for another cow ;" tisfactory, shall be conclusive; but and that one L. was possessed of other if not satisfactory, reference shall be land, the occupiers whereof had for made to arbitration, pursuant to the thirty years, &c., enjoyed "one fourth 10 Geo. 4, c. 56, s. 27." A share-part of a right of common of pasture holder had received an advance, and executed a mortgage deed, whereby he covenanted to pay the subscriptions and interest payable on his shares, according to the rules of the Society. The Society having brought

for one cow," &c.: that the defendant, in respect of his right of common of pasture for one cow and three fourth parts of the right of common of pasture for another cow in his own right, and in respect of one fourth part of

(1). Condition Precedent.

To a declaration on an agreement, stating that the defendants agreed to buy of the plaintiffs 667 tons of iron, to be shipped from Sweden in the months of June, July, August and September, and in about equal portions each month, at 157. 10s. per

ton delivered, on arrival in London; that sellers should have the option of commencing shipments in May, and also of completing the whole by the end of July; and alleging as a breach, the refusal to accept or pay for the iron, or any part thereof; the defendants pleaded that the plaintiffs did not avail themselves of the option of commencing shipments in May; that in June the plaintiffs shipped 21 tons, being a much less quantity than was required to be shipped during that month by the terms of the contract; that the plaintiffs failed to complete the shipment for the month of June, according to the terms of the contract; and were never ready to deliver such a quantity of iron, shipped from Sweden in June, as is specified in the contract, and were not ready and willing to deliver to the defendants the said small quantity shipped, until after the defendants had notice that plaintiffs were not ready and willing, and were unable to fulfil their part of the agreement with reference to the quantity of iron to be shipped in June; wherefore the defendants refused to receive the quantity so shipped during the month of June, and gave notice to the plaintiffs that they refused to accept the residue of the iron.-Held, on demurrer, that the plea was a good answer to the action. Hoare and Others v. Rennie and Another, 19

(22). Conclusive Agreement.

The plaintiff B., the managing director of two insurance Companies, was desirous of withdrawing from them. The board of directors of the Companies consisted of seven persons, four of whom were the defendants. At a meeting of the board at which all the defendants except J. were present, it was resolved that B. should be informed that the directors

tary to get the guarantee prepared by the solicitors, and to take other steps to carry out the negociation." This resolution was communicated to B. by a letter from the secretary. At an extraordinary board meeting of the Companies, held on the 23rd of October, at which the defendants were present, it was resolved :—“ In consequence of the proceedings of the previous ordinary boards in dealing with the resignation of Mr. B. being considered as irregular, it was resolved that Mr. B.'s resignation be accepted, and that the terms of arrangement with him be referred to the solicitors of the Company." Much correspondence took place with respect to the guarantee to be executed; but the defendants never carried out the terms offered to the plaintiff. The shares were never transferred; and B. never tendered to the defendants any written guarantee to be executed by them. But in a subsequent prospectus B.'s name was omitted from the list of directors.

were willing personally to relieve him of his shares, and to guarantee him from any call thereon, &c.; but appealed to him whether the portion of his salary which might be due to him should be claimed. By letter, dated the 26th of August B. refused to accept this offer. A meeting of the directors of the two Companies was held on the 28th, at which the following resolution was passed :"The Board resolve that, while they disclaim any intention of acting in the slightest degree uncourteously to Mr. B., they cannot fail to perceive that he has placed himself in a peculiar position, &c., the board, however, being desirous to come to an amicable termination of the misunderstanding, are willing to accept Mr. B.'s resignation, and pay him the proportion of salary, &c.; and at the same time the members of the board will jointly relieve him of his shares and guarantee him against all calls thereon. The directors being desirous that this matter should be definitely settled, request Mr. B. will reply to the Held:-First, that assuming the offer by next board, day, the 4th of resolution of the 28th of August, September." B. answered this let- and the answer to it, did not constiter on the 2nd of September in these tute a definitive agreement; yet, the terms: I accept your offer. It letter of the 4th of September, and may be arranged as speedily as you the subsequent resolutions and letcan wish, and in fact I accept the ters shewed that the terms of the offer as one to be at once carried answer were adopted and acted upon. out. And on receiving the guarantee as to the shares, in which I presume your chairman Mr. C. concurs, and advice that the sum fixed is paid to my account, my resignation shall be at once forwarded." On the 4th of September, at a meeting of the direc-writing. tors of the two Companies, at which all the defendants except J. were present, B.'s letter of the 2nd of September was read, and a resolution passed, that, "The Board having heard Mr. B.'s letter accepted his resignation, and requested the secre

Secondly. That the giving of the guarantee was an act to be done under the agreement; and that, therefore, the agreement was complete, though the terms of the guarantee were not settled and reduced to

Thirdly. That an action was maintainable for a breach of the agreement against the four defendants who had assented to it, though it was not shewn by the plaintiff that the remaining members of the board were bound. Barker v. Allan, 61

An information on oath under that (1). Discontinuance before Notice of Act is sufficient if there is a statement of the facts constituting the offence, though it is not a statement of the offence as described in the Act.

In an action to recover 1301. for work and extras, under a building contract, the defendant pleaded to the whole "never indebted." The plaintiff prepared his brief, and de(4). Suggestion under 7 & 8 Geo. 4, livered notice of trial. The defend