INDEX TO THE SUBJECTS OF THE CASES AT COMMON LAW IN THE LAW JOURNAL REPORTS, NEW SERIES, VOL. XLII. [In the following Index, Q.B. refers to the QUEEN'S BENCH, C.P. to the COMMON PLEAS, Ex. to the ACCIDENTAL DEATH. See Damages. Negligence. ACTION--for costs given by statute on indictment for When maintainable generally. See Banker brought without authority. See Staying ADMIRALTY COURT-Jurisdiction of. See Prohi- ADULTERATION OF FOOD-Proof that article was 243 ALEHOUSE Sale of intoxicating liquors on Sunday License for sale of exciseable liquors. Ap- Beerhouse having a license on May 1, 1869. Alehouse license. Annual value. Improve- Certiorari. "The Review of Justices Decisions Repeal of sections giving appeal to Quarter AMENDMENT of order of justices. R. v. Tomlin- altering defendant's name in writ of sum- of description of plaintiff in County Court A local authority to sue for the expenses under ANNUITY-Irrevocable grant of. See Corporation. APPEAL from County Court: refusal to sign case: - from Lord Mayor's Court: leave to appeal]— to Exchequer Chamber: verdict against evi- time for giving notice of appeal to Judge of ARREST—of fugitive criminal. See Extradition ATTACHMENT. See Attorney and Solicitor. ATTACHMENT OF DEBT-garnishee order: rule of interpleader order for payment of costs: -bankrupt's money]-The surplus money due See Foreign Attachment. Prohibition. suspension of by superior courts]-When suspend an attorney for misconduct, this Court will grant a rule nisi for a similar suspension, upon proof of all the materials used before the other Court, of the judgment delivered, and order made by such other Court, and of the identity of the attorney. This rule nisi will make itself absolute unless cause be shewn within the time prescribed therein. In re Turner, Ex., 63 AUCTION-goods withdrawn from sale: liability of auctioneer: indemnity]-Defendant advertised in newspapers that a sale by auction would take place on a particular day in a country town. He also circulated catalogues specifying the articles to be sold. Plaintiff attended the sale intending to buy certain articles specified in the catalogue, but on the day of sale they were withdrawn by defendant:-Held, that there was no implied contract by defendant to indemnify plaintiff against the expense and inconvenience which he had incurred. v. Nickerson, Q.B., 171 ALLOT ACT. See Municipal Election. Harris BANKER AND BANKING COMPANY - misrepresentation by manager: credit of customer: joint liability of bank and manager: signature of agent] Plaintiff, a customer of the S. & H. Bank, was asked to sell some iron of the value of 2,000l. or 3,000l. to R.; he required a reference as to the credit of R., and was referred to the C, branch of the G. Banking Company. At his request the manager of the S. and H. Bank wrote to the manager of the C. branch of the G. Banking Company, of which one of the defendants was a public officer-"I shall be much obliged by the favour of your opinion, in confidence, of the respectability and standing of Sir W. Russell, and whether you consider him responsible to the extent of 50,000l." Defendant Goddard, who was the manager of the C. branch, wrote in answer-" I am in receipt of your favour of the 8th instant, and beg to say, in reply, that Sir William Russell is the Lord of the Manor of Charlton Kings, near this town, with a rent roll, I am told, of over 7,000l. per annum, the receipt of which is in his own hands, and has large expectancies, and I do not believe he would incur the liability you name, unless he was certain to meet the engagement." The representation contained in the last-mentioned letter was false, to the knowledge of the defendant Goddard, who, in writing it, acted within the scope of the general authority conferred upon him as manager of the branch, but the banking company had no knowledge otherwise than through Goddard, that such a letter had been written, nor did they give him any express authority to write the particular letter. The G. Banking Company was a co-partnership, formed under 7 Geo. 4. c. 46:-Held, that the signature of defendant Goddard was, under the circum stances, a signature not of an agent merely, but of the banking company, and therefore "of the party to be charged therewith," within the 6th section of 9 Geo. 4. c. 14. Held, also, that the communication contained in the letter was not that of the defendant Goddard personally, but of the banking company; that plaintiff being a customer of the S. and H. bank was entitled to maintain an action in respect of the misrepresentation made in the letter written by Goddard; that the banking company was liable for the fraudulent representations of its manager made in the course of conducting the business of the company; and that Goddard the manager and the banking company were both liable to be sued jointly. Swift v. Winterbotham, Q.B., 111 accounts at separate branches of bank: setoff-In the absence of any special contract or arrangement, there is no obligation on a banking company to honour the cheque of a customer presented at one of their branch offices where he has a balance standing to his credit, when he has overdrawn his account at another branch office to an amount greater than such balance, so that the company are in fact not indebted to him. Garnet v. M'Kewan, p.o., Ex., 1 BANKRUPTCY-bill given for debt discharged by bankruptcy]-No action can be maintained on a bill accepted in consideration only of a debt discharged by a bankruptcy or arrangement under the Bankruptcy Act, 1861, although such bill was given after the repeal of that Act by the Bankruptcy Repeal Act, 1869 (32 & 33 Vict. c. 83). Rimini v. B. Van Praagh, Q.B., 1 -jurisdiction of county court]-Where a petition in bankruptcy is preferred under 32 & 33 Vict. c. 71 in a County Court against a person as residing within its district, and he is adjudicated bankrupt thereon, such adjudication not being rescinded or appealed against is final and conclusive, though it turns out that he traded within the London district; and the trustee in bankruptcy is entitled to the proceeds of an execution on such trader's goods which are retained in the sheriff's hands under section 87, due notice of the petition having been given under that section, as it is not necessary that the adjudication should be against such person as a trader, and it is sufficient if there be an adjudication against him and he be in fact a trader. Revell v. Blake (Ex. Ch.), C.P., 165 extraordinary resolution of creditors: composition payable by instalments: security to be given]-In accordance with the provisions of s. 126 of the Bankruptcy Act, 1869, an extraordinary resolution was passed by the proper majority in number and value of the creditors of the defendant, a debtor, that a composition should be accepted, payable by three instal- - BANKRUPTCY (continued) resolution for com- declaration of inability to pay: when filing act of bankruptcy: pledge of trader's whole See Attachment of Debt. BARON AND FEME. See Husband and Wife. BASTARDY-Evidence after death of mother. Hear- BILL OF EXCHANGE-alteration of date: evidence duced corresponds with the date stated in the leave to appear: defence in abatement] — consideration. See Bankruptcy. BILL OF LADING-" value, weight, and contents un- goods carried under bill of lading: lien for wrong, as being too general in its terms, since he might land them and yet preserve his lien for freight if he kept them entirely within his own exclusive control. Mors le Blanch v. Wilson, C.P., 70 Quare-whether the captain would not lose such lien if the goods when landed were placed in the hands of an independent person, who would have a lien on his own behalf, even though he should undertake to the captain not to deliver the goods to the consignee without being paid the claim for freight. Ibid. 66 freight: delivery of damaged cargo: invoice quantity as per bill of lading: "quantity and quality unknown"]-A charterparty, under which a ship was chartered for a grain cargo from the Danube to the United Kingdom for certain freight per imperial quarter delivered," contained a provision that in the event of the cargo, or any part thereof, being delivered in a damaged or heated condition, the freight should be payable on the invoice quantity taken on board, as per bill of lading, or half-freight upon the damaged or heated portion, at the captain's option. The bill of lading stated that 1,021 kilos. were shipped on board; but the master added at the end of the bill of lading, before signing it, the words, "quantity and quality unknown." The cargo having become heated on the voyage, the master claimed to exercise his option, and to be paid freight upon the invoice quantity, as per bill of lading:-Held, that the addition of the words "quantity and quality unknown the bill of lading by the master did not take away his right to be paid freight upon the invoiced quantity in the bill of lading, and that the object and effect of that memorandum was merely to protect the captain against any mistake that might occur in the invoice quantity in the bill of lading, in case of alleged short delivery or deterioration not caused by his default. Tully v. Terry, C.P., 240 to BILL OF SALE-successive bills of which the last is alone registered-Where a bill of sale is given for good consideration, but not registered, and before the expiration of the time for registration it is annulled, and a similar bill of sale given which also is not registered, and, after this process has been repeated several times, at last a bill of sale is duly registered, such last bill of sale is valid against execution creditors if made bona fide with the intention of passing the property comprised in it. Smale v. Burr, C.P., 20 BOND. See Payment into Court. BREAD-sale of otherwise than by weight. Aerated Bread Co. v. Grigg, M.C., 117; Q.B., 192 BURIAL FEES-right of incumbent: "new parish"] -In 1851, the church of St. T. was built and consecrated. In 1852, an order in council under 59 Geo. 3. c. 134. s. 16, authorised services to be performed in the new church, assigned a district to it out of the ancient parish of W., in which it was situated, and granted the incumbent the fees. There was then no burial ground in the district, and the persons dying in it continued to be buried as before in the churchyard of the parish. The plaintiff was appointed incumbent of this church in 1854, and in 1856, a burial ground for the whole parish was consecrated, the district of the new church contributing to the rates for providing it. A new rector of the parish was appointed in 1864-Held, by the Exchequer Chamber, affirming the judgment of the Queen's Bench, that the district of St. T. was a "new parish within 20 & 21 Vict. c. 81, and that the plaintiff, on the first avoidance of the rectory, was entitled to the burial fees in respect of inhabitants of St. T. buried within the parish. Cronshaw v. The Wigan Burial Board (Ex. Ch.), Q.B., 137 CANAL AND CANAL COMPANY-rights of owner of coal mines under canal: liability of canal company]-In this case the Court of Queen's Bench (HANNEN, J., dissenting), having held that the defendants were not responsible for damage to the mines by water escaping from the canal, as there was no proof of any negligence on their part, or of anything done in excess of their statutory powers,-Held, by the Exchequer Chamber, affirming the decision below (41 Law J. Rep. Q.B. 121), that the action, for the reasons above given, was not maintainable. And semble, per KELLY, C.B., and PIGOTT, B., that plaintiffs were entitled to relief under the compensation clauses of the Canal Acts. Dunn v. The Birmingham Canal Company (Ex. Ch.), Q.B., 34 CARRIERS BY RAILWAY-negligence: cattle: injury caused by restlessness]-The G. N. R. Co. and the defendants agreed that a complete and full system of interchange of traffic should be established from all parts of one company and beyond its limits, to all parts of the other company and beyond its limits, with through tickets, through rates and invoices, and interchange of stock at junctions, the stock of the two companies being treated as one stock. The agreement provided for the division of the traffic. The plaintiff, wishing to send a cow from D. to S., went to the station of the G. N. R. Co. at D. and booked her for S. by the defendants' line. He signed a contract, by which it was agreed that the cow was to be conveyed upon certain conditions, one of which was as follows-"The G. N. R. |