1. According to the natural meaning, 100. II. Committal for. ESTATE, I. 2. Effect of the expressions "or either of them" and "respectively," 100. ESTATE, I. III. Of pleadings. Against the party pleading, 462. CONTRACT, IV. Of affidavits. By reference to jurat, 211. AFFIDAVIT, L. V. Of returns under statutory powers. Fair and liberal, 42, 71. WITNESS, I. 1. 1. "Civil action," 845. AMENDMENT, I. 1. 3. "Arrest," 802. FOREIGN ATTACHMENT, 4. A person "in whose immediate and individual behalf" either wholly "or in part" an action is brought, 126, 128. WITNESS, IV. 1. BANKRUPT, II. 5. "Bridge," 399. HIGHWAY, II. 6. "There shall be a judge for each district," $58. COUNTY COURT, II. 1. Form of warrant, 613. HABEAS CORPUS, I. 2. For what time, 613. HABEAS CORPUS, I. 3. Attachment in Chancery, 497. ATTACHMENT, L. 1. CONTRA PACEM. In a declaration, 426. FISHERY, I. 1. I. What is. CONTRACT. 1. Distinguished from obligation by autho rity of law, 269. POOR, IV. 1. 2. A demise, 608. AMENDMENT, I. 4. II. Generally. When inconsistent with lien, 680. LIEN, I III. Simple contract. Payment by executor: plenè administravit, 542. COVENANT, IV. IV. Collateral. 1. What is, 462. POST, VIII. 2. 2. Contemporaneous covenant with other parties, 886. BILLS, I. 1. 1. Change in attorney's retainer by consolidation of actions, 308. ATTORNEY, IV. 2. In bill or note by contemporaneous instrument, 886. BILLS, I. 1. VIII. Description in pleading. 1. Corrupt contract for sale of nomination, in Declaration, averring that, in consideration that plaintiff would erect a steam-engine on certain premises demised to him by defendant, during the term, and would leave the same on the demised premises at the expiration of the term, defendant promised that he would purchase it, on the valuation of persons to be appointed by both. The count then averred that plaintiff did erect the engine, and that, at the expiration of the term, he left it on the demised premises: breach, that defendant would not join in appointing valuers. Plea: that at the time of the promise, plaintiff promised defendant that he would at the expiration of the term deliver up to defendant possession of the demised premises and of the steam-engine, and that the promise declared on was made in consideration of that promise of the plaintiff and not otherwise: and that, at the expiration of the term, plaintiff did not nor would deliver up possession of the premises or the engine: verification. 1. What addition in plea does not constitute a denial of the consideration in the declaration, 462. Ante, VIII. 2. 2. Collateral contract bad for want of, 886. BILLS, I. 1. XI. Condition precedent. 1. Collateral promise, 462. Ante, VIII 2. 2. Traverse of performance, 462. Ante, VIII. 2. XII. What forms part of. 1. Memorandum delivered by carrier on his receipt of goods to be carried, 347. CARRIER, I. 2. What contemporaneous covenant not to XIII. Representations and warrantees. XIV. Performance: pleading. Ambiguous averment in declaration, 462. XV. Traverse of performance of condition pre- Effect of part performance in causing breach Held, by the Court of Queen's Bench on special demurrer, that the plea was not bad as an argumentative denial of the averment that plaintiff left the steam-engine on the premises, as that averment was ambiguous, and might, as against the party averring it, Of witness, 292. INSURANCE, IV. 1. be construed to mean that the plaintiff did not remove the engine from the premises. CONTRADICTION. CONTRIBUTION. CONTRIBUTOR. Held, also, that the plea did not deny the Of cargo to salvage, 167. INSURANCE, I. promise and consideration stated in the declaration, but superadded to them a collateral promise consistent with them, and was not bad as amounting to Non assumpsit. And that the plea was good in substance, as show. II. To county rate, 592. CONSTABLE, I. ing the non-fulfilment of a condition precedent. Held, by the Court of Exchequer Chamber, I. To company, 664. COMPANY, VI. CONVENTION. reversing the judgment of the Queen's Bench, With foreign government, 380. CROWN, III CONVICTION, SUMMARY. I. Punishment in lieu of pecuniary penalty. When it must not be extended to non-payment of costs. By stat. 29 Car. 2, c. 7, ss. 1, 2, a penalty of 5. is imposed, to be levied by distress, and in default of such distress, or in case of insufficiency, or inability to pay the said penalty, the offender is to be set publicly in the stocks for two hours. By stat. 11 & 12 Vict. c. 43, s. 18 (granting remedy for costs in case of conviction), the amount of costs is to be specified in the conviction, and is to be recoverable in the same manner as any penalty adjudged by such conviction is to be recoverable. A conviction under stat. 29 Car. 2, c. 7, s. 1, adjudged the offender to forfeit and pay 58., and 118, costs, and that the said several sums, if not paid, should be levied by distress, and, in default of sufficient distress, that the party convicted should be set publicly in the stocks by the space of two hours, unless the said several sums should be sooner paid. Held, that the conviction was bad, as the justice was not warranted in adjudging that the offender should be set in the stocks in default of payment of the costs, that not being a method provided by stat. 29 Car. 2, c. 7, for recovering the pecuniary penalty, but a substituted punishment. Regina v. Barton, 389 II. Whether it may be drawn up on paper; in Charter v. Greame, 216, 223. III. Form: statement of damages. 1. When essential to jurisdiction, 216. Post, V. 1. 2. Illegal alternative, 389. Ante, I. 393. JUSTICE, X. IV. Excess of jurisdiction. What is, 393. JUSTICE, X. V. Sending to the Quarter Sessions. 1. To what sessions. land not being a garden, upon like conviction; sect. 24 inflicts, on conviction before a justice, a forfeiture of such sum, not exceeding 5l., as shall appear to the justice a reasonable compensation, for wilfully or maliciously committing any damage, injury, or spoil to or upon any real or personal property, public or private, for which no remedy or punishment is in the act before provided. Semble, that sect. 24 is inapplicable to damage to growing trees. But, neither under that nor any other section is a committal or conviction good, which states the offence to be wilfully and maliciously cutting up and destroying fruit trees in a garden, or wilfully and maliciously committing damage, injury, and spoil to real property, to wit, fruit trees, without a finding as to the amount of damage. A party was committed to prison for nonpayment of a sum ordered to be paid on conviction under the statute. She was afterwards brought before a Judge, by habeas corpus, on an objection to the commitment, and by him remanded. A conviction was then sent to the Quarter Sessions next after the commitment; and afterwards another conviction was sent to the Quarter Sessions following. Held that, in an action against the magistrate for false imprisonment, he might defend himself by the second conviction, if valid in itself. Sect. 40, which enacts that convictions be sent to the next Court of Quarter Sessions, there to be kept among the records of the county, is directory, not imperative, as to the time. Charter v. Greame, 216 2. Returning amended conviction to subsequent sessions, 216. Ante, 1. VI. Costs. When not to be levied through means of the substituted punishment, 389. Ante, I. VII. Protection of magistrate. 1. By second conviction returned to subsequent sessions, 216. Ante, V. 1. 2. By stat. 11 & 12 Vict. c. 44, ss. 1, 2, 393. JUSTICE, X. VIII. In particular instances. 1. For committing damage to fruit trees, 216 Ante, V. 1. Stat. 7 & 8 G. 4, c. 30, s. 19, makes it felony unlawfully and maliciously to cut up or destroy trees growing in a garden, if the injury exceed 1.; sect. 20 inflicts a fine not exceeding 57. beyond the injury done, for unlawfully and maliciously cutting up and destroying trees wherever growing, if the injury amount to 18., upon conviction before a justice; sect. 21 inflicts imprisonment, or forfeiture not exceeding 201. beyond the injury done, for unlawfully and maliciously destroying or damaging with intent to destroy any vegetable production growing in any garden, &c., upon I. Seen on sale, or sung from, 257. COPYRIGHT. 2. For exercising calling on the Lord's day. 389. Ante, I. I. 1. COPY. II. Of former deposition, 292. IV. 1. like conviction; sect. 22 inflicts imprisonment COPYHOLD. INSURANCE, When not necessary on alterations in the vesting of estates by private act reserving the rights of the lord. Testator surrendered copyholds to the use of his will, and devised them to trustees for a term of years, on certain trusts, subject to which he devised them for life, with remainder in tail, and divers remainders over, with a provision for cesser of the term on the trusts being satisfied. On testator's death, the trustees were admitted tenants to hold for the term upon the trusts of the will; and a fine was duly paid upon such admission. Afterwards, and after the trusts of the term were satisfied, a private act (7 & 8 Vict. c. 24) was passed, by which it was enacted that certain new trustees therein named might sell the premises freed from the limitations of the will, and declare that the copyhold tenants of the premises should thenceforth be trustees of the legal estate thereof for the purchaser, and that such tenants should be such trustees accordingly, until the same should have been surrendered; with power for the new trustees, by any surrender according to the custom of the manor, and in the same manner as if they were copyhold tenants of the same, to surrender the copyhold hereditaments so to be sold to the use of the purchaser. The act contained a clause saving the rights of all persons except those interested under the will. The said trustees, having sold the premises, tendered a formal surrender to the steward, which he refused to accept. The grounds of refusal were, that the trustees were not tenants of the manor, and must themselves be admitted before they could surrender; that the estate tail was not barred, for this could only be done by a surrender for that purpose, on which, by the custom of the manor, a fine would be payable; and that the lord was no party to the private act, and not bound by it. Held, That, as the tenant for life and remainderman in tail had already been admitted by the admittance of the original trustees, and as, under sect. 50 and other sections of stat. 3 & 4 W. 4, c. 74, the tenant for life and remainder-man in tail might (independently of the private act), by one surrender, have barred the entail and conveyed to the purchaser, the lord was not prejudiced by the private act, substituting the new trustees as surrenderors in lieu of the tenant for life and remainderman in tail: and that he was bound to accept the surrender. Regina v. Lords, &c., of Weedon Beck, 808 II. Admittance. Cf parties by their trustees, 808. Ante, I. III. Estate tail. Who may bar, and how, 808. Ante, I. IV. Mandamus with respect to. COPYRIGHT. I. Who may be entitled to. 1. A foreigner, when. A foreigner, though resident abroad, may have copyright in this country, if the first publication is in this country. On the trial of an action for piracy of musical copyright, a piece of music having been shown to a witness skilled in music, he was asked, for the purpose of proving that it was not first published in England, whether he had not seen printed copies of it for sale in a shop at Milan at a given date sixteen years before the trial. Held, that the question was irregular, as referring to the contents of a document not produced or accounted for. Held, also, that a statement by the same witness, that he had heard the music produced in Court ng by persons in private society with printed music before them, as if singing therefrom, was not evidence that the music so printed was the same as the music in Court. Boosey v. Davidson, 257 2. Place of publication, 257. Ante, 1. II. Evidence. What is only secondary evidence, 257. Ante, I. I. By a local enclosure act, a corn-rent, of a stated amount, was given to the rector of a parish in place of certain dues; such rent to be paid on 5th January and 5th July, the first payment to be on such of those days as should be directed by the award of enclosure Commissioners. The Commissioners were, by such award, to apportion such rent among the landholders: and the rent was to be subject to future variation as follows: The quantity of wheat equivalent to the amount stated in the award being ascertained, it was enacted that the rector of the land-owners might apply to the justices at the first Quarter Sessions to be holden for the division in the week after the feast of Easter next after the expiration of twenty-one years to be computed from the making of the said award, to cause the amount of rent to be reascertained, and increased or diminished according to the ave rage price of wheat for the twenty-one years then last past; notice of such application to be given in January next preceding. The rent was to be reascertained by Commissioners, the amount reported by them at the next CORN-RENT. July sessions, and an order there made accordingly; and such rent was to continue payable from the half-yearly day of payment next after that order, until the same should, at the end of twenty-one years then next ensuing, be again varied by such application, and in such manner, as before mentioned; and so from time to time, at the end of every twenty-one years, for ever. Held, That the application for reascertainment could take place only at the expiration of one of the periods fixed by the act, and, if then omitted, could not be made till the next twenty-one years had expired. And, That the application, at the end of any such period (other than the first), must be made to the Easter sessions next after the close of the twenty-first year, notice being given in the January preceding; and that the justices were right in refusing to hear an application made, on notice in January of the twenty-second year, to the ensuing Easter 484 sessions. Regina v. Lindsey, Justices, 2. Consequence of permitting one of the periods to pass, 484. Ante, 1. II. Setting off. Costs of former action, present action in formâ pauperis. Judgment for damages and costs being signed by a plaintiff suing in formâ pauperis, a Judge, on summons, ordered satisfaction to be entered, on the defendant's acknowledging satisfaction for costs to a like amount axed for him against the same plaintiff in a former action. This Court refused to set aside the Judge's order; the now plaintiff not having appeared in formâ pauperis in the former action, and there being no proof that, in the subsequent action, the plaintiff's attor COUNTY. POOR, I. Petty sessional division, 248. BASTARDY, I. II. Holding quarter sessions concurrently with assizes, 738. SESSIONS, I. COUNTY COURT. I. Abolition of previously existing small debt courts. Without changing into county courts. The Queen in council has power under stat. 9 & 10 Vict. c. 95, to abolish the several II. Judge: for what districts. Same judge for several districts. Regina v. 851 The Lord Chancellor, by one appointment, under stat. 9 & 10 Vict. c. 95, appointed the same person to be judge of the County court in several districts situate in the county of W., and in several districts situate in the county of H. Held, that the appointment was valid. 858 Regina v. Parham, III. Trespass under process of. Wrong party served: mistake as to identity. In trespass for false imprisonment, defendant pleaded that he sued out a summons against the plaintiff in the County court for debt, that the summons was personally served upon plaintiff, that he did not appear, and that it was adjudged that he should pay the debt by instalments; that a minute of the judgment was served upon him, and that |