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JUSTICE OF THE PEACE.

Held, that the non-payment of rates was an "offence" within the meaning of stat. 7 W. 4 & 1 Vict. c. 78, s. 31: and that the jurisdiction to hear complaints as to such non-payment was transferred, by that statute, from the justices of the county of S. to the justices of the borough of B. Regina v. Sutcliffe, 833 2. Appointment and remuneration of special constables by order of borough justices, 592. CONSTABLE, I.

II. When a single justice may act.

LANDLORD AND TENANT. 1041

this action was brought, being one which defendant had jurisdiction to order; Semble, if the illegal alternative had been acted upon, and plaintiff had been put in the stocks, trespass would have lain for that. Barton v. Bricknell, 393

XI. Action against: form of action.

When trespass may still be maintained on excess of jurisdiction, 393. Ante, X,

JUSTIFICATION.

Information for offence under the Customs Under process of County Court, 903. COUNTY Acts, 237. CUSTOMS.

III. Judicial discretion.

1. Power to consent to a payment, when it

COURT, III.

KING'S PRISON.

implies power to fix the amount, 179. Page 497. ATTACHMEent, I. 1. BUILDING ACT.

2. With respect to bail in misdemeanor, 240. BAIL, V.

IV. Admittal to bail.

Justice's duty not merely ministerial, 240.
BAIL, V.

V. Enforcement of order by distress.
Previous summons when necessary, 869. Dis-
TRESS, I.

VI. Mandamus to.

Not when he has in fact decided though erroneously, 318. POOR, XXVIII.

VII. Order substituted for mandamus to.
Not where question doubtful, 654. HIGH-
WAY, I.

VIII. Action against: malice when essential. In action for refusing bail in misdemeanor, 240. BAIL, V.

IX. Protection by conviction.

By amended conviction sent to subsequent sessions, 216. CONVICTION, V. 1.

X. Protection by stat. 11 & 12 Vict. c. 44, sect. 1, acts within jurisdiction.

Where conviction has been quashed on an excess of jurisdiction in a point not carried into execution.

Defendant, a justice of the peace, convicted plaintiff under stat. 29 Car. 2, c. 7, s. 1, in 58. penalty and 11s. costs, to be levied by distress and the conviction directed that, in case of non-payment of the several sums, and if there should not be sufficient distress, plaintiff should be set publicly in the stocks for two hours, unless the penalty and costs were sooner paid. Plaintiff's goods were distrained; but the conviction was afterwards quashed, on account of the illegal alternative as to confinement in the stocks; and an action of trespass was brought for the distress.

Held, that defendant was protected by stat. 11 & 12 Vict. c. 44, s. 1, and that sect. 2 did not apply, the act of distraining, for which

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LACHES.

By executor, 900. EXECUTOR, III. 1.

LAND.

Taken for public purposes.

Compensation, 143. COMPENSATION, I. 1.

LANDS CLAUSES CONSOLIDATION. COMPENSATION.

LANDLORD AND TENANT.

I. Relation how created or shown.

1. Not by use and occupation under authority of law, 267. POOR, IV. 1.

2. Not by payments not as rent but under authority of law, 269. Poor, IV. 1.

3. Joint lease by tenants in common, 977. EJECTMENT, II.

II. Assignment of lease.

Liability of executor on assignee's covenant to indemnify assignor: plenè administravit, 542. COVENANT, IV.

III. Special contracts between.

To leave steam-engine on premises, 462. CONTRACT, VIII. 2.

IV. Rent.

What compensation is not, 269. POOR, IV. 1. V. Landlord's remedies: distress.

1. When not for compensation under authority of law, 269. POOR, IV. 1.

2. Landlord when not liable for trespass by distraining broker, 780. AGENT, II.

VI. Landlord's remedies: re-entry on breach of covenant.

1. Delay in insuring: reasonable time, 204. COVENANT, II.

2. Landlords tenants in common, 977. EJECT MENT, II.

VII. Liability of landlord for acts of tenant.

Permissive waste, 572. DILAPIDATIONS, L

VIII. Pleading and evidence.

LIMITATION.

Amendment in statement of demise, 608. I. Of actions: when the period begins to run. AMENDMENT, I. 4.

LAW.

Payment by authority of, 269. POOR, IV. 1.

LEADING QUESTION.

Page 840. EVIDENCE, IV. 1.

LEASE.

I. Assignment, 542. COVENANT, IV.

II. Attendant term, 774. TERM.

III. Legacy duty on, 900. EXECUTORS, III. 1.

LEGACY.

1. Against corporation sole, notwithstanding interruption by death, 509. TITHE, IL

2. Action to dispute decision of tithe commissioner, 509. TITHE, II.

II. Effect of twenty years' possession, 945, 954. ADVERSE POSSESSION.

LIS PENDENS.

Effect on proceedings of tithe commutation commissioners, 761. TITHE, I.

LITIGATION.

Improper, 327. POOR, X. 1.

I. Calculation and payment of duties, 900. Ex- I. Customs.
ECUTORS, III. 1.

II. Legatee when a competent witness, 126.
WITNESS, IV. 1.

LEGAL EFFECT.

Page 536. BILLS, III.

LIABILITY.

Memorandum limiting, 347. Carrier, I.

LIBEL.

LONDON.

1. How affected by general statute, 1. ArTORNEY, II.

2. Customs of. FOREIGN ATTACHMENT. II. Courts.

Lord Mayor's Court, 1. ATTORNEY, II.

LORD'S DAY.

Exercising calling on.

Punishment and costs, 389. CONVICTION, L

LOSS.

Total, 292. INSURANCE, IV. 1.

DEFAMATION.

LIBERUM TENEMENTUM. Effect of plea, in Holford v. Bailey,

LUNATIC.

LICENSE.

436 I. Wandering, and chargeable.

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Labour and skill employed.

The labour and skill employed on a race horse by a trainer are a good foundation for a lien; but, if by usage or contract the owner may send the horse to run at any race he chooses, and may select the jockey, the trainer has no continuing right of possession, and, consequently, no-lien. Forth v. Simpson, 680

II. Continuing right of possession.

1. Essential to the lien, 680. Ante, I. III. What usage or contract inconsistent with, 680. Ante, I.

IV. Innkeeper's, 197. INNKEEPER.

V. An insurable interest, 167. INSURANCE, I.

Estate. ESTATE.

LIFE.

1. From what parish taken, 873. POOR, X. 4. 2. Effect of misstatement in order of maintenance, 873. POOR, X. 4.

3. Expenses how borne, as between parishes in same union, 873. POOR, X. 4. II. Pauper: appeal.

Within what time notice of appeal is to be given.

Stat. 8 & 9 Vict. c. 126, s. 62, enacts that, where a pauper lunatic is removed to an asylum, &c., and an order made for payment of the expenses of his maintenance by the parish in which he is adjudged to be settled, the parties appealing or defending an appeal against such order shall have the same rights, and be subject to the same obligations, as in the case of an appeal against a warrant of removal.

Held that, under this section, it is necessary, since stat. 11 & 12 Vict. c. 31, for the appellant to give notice of appeal within the time prescribed by sect. 9 of the latter statute. Regina v. Glamorganshire Justices, 561

MAGISTRATE.

JUSTICE OF THE PEACE.

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In case for defamation, 796. DEFAMATION, I. COPYHOLD. CUSTOMARY TENEMENT.

MALICIOUS INJURIES.

To trees, 216. CONVICTION, V. 1.

MAN (ISLE OF).

Page 613. HABEAS CORPUS, I.

MANDAMUS.

I. When it does not lie.

1. To justices to hear a complaint on which they have already decided in the negative, though erroneously, 318. POOR, XXVIII. 2. After lapse of statutory period, 484. CORNRENT, 1.

II. In particular instances.

1. To Insolvent Debtors' Court to re-examine insolvent, 666. DEBTOR, I.

MASTER AND SERVANT.

Giving characters.

Correction of good character given by mistake, 796. DEFAMATION, I.

MAXIMS.

I. Nemo potest esse simul actor et judex, 327.
POOR, X. 1.

II. Audi alteram partem, 869. DISTRESS, I.
III. Verba accipiuntur fortius contra proferen-
tem, 462. CONTRACT, VIII. 2.

IV. In præsentiâ majoris cessat potestas minoris, 738. SESSIONS, I.

V. Quando aliquid conceditur, conceditur et id sine quo res ipsa esse non potest, 1, 37. ATTORNEY, II. 179. BUILDING ACT.

2. To steward to accept surrender, 808. VI. Ut res magis valeat quam pereat, 190. COPYHOLD, I.

3. To enter memorial of transfer, 998. COM

PANY, I. 1.

POOR, XXV. 1.

MEETING.

4. To Mayor, &c., of London, to admit an I. Notice. attorney, 1. ATTORNEY, II.

5. To supreme court at Madras to examine witnesses, 42. WITNESS, I. 1.

6. To justices to hear application for order of removal, 318. POOR, XXVIII.

Notice of meeting and purposes extends to adjournments, 687. POOR, XVII.

II. Proceedings at.

Continuation through successive adjournments, 687. POOR, XVII.

7. To justice to issue a distress warrant, 399. III. Adjournment.
HIGHWAY, II.

8. To account to auditor, 405. POOR, III.
9. To readjust cornrent, 484. CORNRENT, 1.
10. To county treasurer to pay special con-
stables, 592. CONSTABLE, L.

III. Lapse of time.

Consequence of suffering appointed period to pass by, 484. CORNRENT, 1.

IV. Writ.

1. Objections to form, available after return, 1. ATTORNEY, IÏ.

2. Objections not cured by return, 1. ATTORNEY, II.

V. Return.

1. Argumentativeness, 1. ATTORNEY, II.
2. Objections not cured by, 1. ATTORNEY, II.
3. Construction of, 42. WITNESS, I. 1.

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MISNOMER.

MUNICIPAL CORPORATION.

Distinguished from mistaken identity, 903. I. Jurisdiction of borough justices.
COUNTY COURT, III.

MISTAKE.

I. Of arbitrator, 955. ARBITRATION, VI.
II. Of fact.

1. Effect of in construing instrument, 774.
TERM.

2. In name, distinguished from mistake in
persch, 903. COUNTY COURT, III.

III. In giving the character of a servant, 796.
DEFAMATION, I.

1. In respect of the appointment and remuneration of special constables, 592. CoNSTABLE, I.

2. In respect of distresses for local rates, 833. JUSTICE, I. 1.

II. County rate.

What borough a town contributory, 592.
CONSTABLE, I.

III. Special constables.

When paid out of county rate, 592. Cos-
STABLE, I.

MONEY.

COPYRIGHT.

MUSIC.

I. Foreign.

How described in criminal proceedings, 74.
EAST INDIES, I. 1.

II. Forfeiture of.

NECESSITY.

I. Judicial notice from necessity, 1, 39. Ar-
TORNEY, II.

Under enactment against officers receiving II. For discharging jury without verdict, 716. gifts, 74. EAST INDIES, I. 1.

MONEY HAD AND RECEIVED.

I. What is not.

Money received in discharge of note by altering the name of the payee.

JURY, IV. 1.

NEWSPAPER.

Contempt by libel in, 613. HABEAS CORPUS, L
NISI PRIUS.

I. Trial at. TRIAL.

Defendant, as executor of B., the survivor of A. and B., had by instituting legal process, obtained payment of a promissory note purporting to be payable to A. and B. Plaintiff, who was administrator of A., brought an action for money had and received, and produced evidence that the note had been made Sale of, 447. CADETSHIP. payable to A., and had been altered so as to make it payable to A. and B.

II. 1. Amendment at, 608. AMENDMEnt, I. 4. 2. Entry of facts on the record, 185. FEIGNED ISSUE, I.

NOMINATION.

NON ASSUMPSIT.

Plea amounting to, 462. CONTRACT, VIII, 2.

NON EST FACTUM.

Held, that there was no evidence to go to the jury in support of the count for money had and received to the use of the plaintiff; because, assuming the plaintiff's case to be correct, the money was not received in dis- What it puts in issue, 536. BILLS, III. charge of the genuine note which belonged to the plaintiff. Vaughan v. Matthews,

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PARTICULARITY.

I. In pleading. PLEADING, IV.

II. In attorney's bill, 308, 515. ATTORNEY,
IV. VI. 2.

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ORDER.

I. Form.

PAYMENT INTO COURT.

1. Showing jurisdiction on face: petty sessional division, 248. BASTARDY, I.

In lieu of bail.

Repayment, 653. BAIL, V.

2. Illegal alternative, 389.

CONVICTION, I.

PENALTY.

393. JUSTICE, X.

3. When sufficient because meaning clear, Pecuniary.

405, 413. POOR, III.

II. Enforcement by distress.

Previous summons, 869. DISTRESS, I.

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Substitution of personal punishment, 389.
CONVICTION, I.

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