Page images

CONVICTION, SUMMARY. i land not being a garden, upon like conviction; 1. Punishment in lieu of pecuniary penalty.

sect. 24 inflicts, on conviction before a justice,

a forfeiture of such sum, not exceeding 51., When it must not be extended to non-payment

as shall appear to the justice a reasonable of costs.

compensation, for wilfully or maliciously comBy stat. 29 Car. 2, c. 7, ss. 1, 2, a penalty

mitting any damage, injury, or spoil to or upon of 56. is imposed, to be levied by distress,

any real or personal property, public or priand in default of such distress, or in case of

vate, for which no remedy or punishment is in insufficiency, or inability to pay the said

the act before provided. penalty, the offender is to be set publicly in

Semble, that sect. 24 is inapplicable to dathe stocks for two hours.

mage to growing trees. By stat. 11 & 12 Vict. c. 43, s. 18 (granting

But, neither under that nor any other secremedy for costs in case of conviction), the

tion is a committal or conviction good, which amount of costs is to be specified in the con

states the offence to be wilfully and maliciously viction, and is to be recoverable in the same

cutting up and destroying fruit trees in a manner as any penalty adjudged by such con.

garden, or wilfully and maliciously commitviction is to be recoverable.

ting damage, injury, and spoil to real property, A conviction under stat. 29 Car. 2, c. 7, s.

to wit, fruit trees, without a finding as to the 1, adjudged the offender to forfeit and pay 58.,

amount of damage. and 118, costs, and that the said several sums,

A party was committed to prison for nonif not paid, should be levied by distress, and,

payment of a sum ordered to be paid on conin default of sufficient distress, that the party

viction under the statute. She was afterwards convicted should be set publicly in the stocks

brought before a Judge, by habeas corpus, on by the space of two hours, unless the said

an objection to the commitment, and by him several sums should be sooner paid. Held,

remanded. A conviction was then sent to that the conviction was bad, as the justice

the Quarter Sessions next after the commitwas not warranted in adjudging that the

mont; and afterwards another conviction was offender should be set in the stocks in default

sent to the Quarter Sessions following. of payment of the costs, that not being a

Held that, in an action against the magismethod provided by stat. 29 Car. 2, c. 7, for

trato for false imprisonment, he might'defend recovering the pecuniary penalty, but a sub

himself by the second conviction, if valid in stituted punishment. Regina v. Barton, 389

itself. II. Whether it may be drawn up on paper; in Sect. 40, which enacts that convictions be Charter v. Greame, 216, 223.

sent to the next Court of Quarter Sessions, III. Form : statement of damages.

there to be kept among the records of the 1. When essential to jurisdiction, 216. Post,

county, is directory, not imperative, as to the


time. Charter v. Greame, V. 1.

2. Returning amended conviction to subse2. Illegal alternative, 389. Ante, I. 393.

quent sessions, 216. Ante, 1.

VI. Costs.
IV. Excess of jurisdiction.
What is, 393. JUSTICE, X.

When not to be levied through means of the

substituted punishment, 389. Ante, I. V. Sending to the Quarter Sessions.

VII. Protection of magistrate. 1. To what sessions,

1. By second conviction returned to subseStat. 7 & 8 G. 4, c. 30, s. 19, makes it fe

quent sessions, 216. Ante, V. 1. lony unlawfully and maliciously to cut up or destroy trees growing in a garden, if the in

2. By stat. 11 & 12 Vict. c. 44, ss. 1, 2, 393. jury exceed 11. ; sect. 20 inflicts a fine not

JUSTICE, X. exceeding 51, beyond the injury done, for un- VIII. In particular instances. lawfully and maliciously cutting up and de

1. For committing damage to fruit trees, 216 stroying trees wherever growing, if the injury

Ante, V. 1. amount to 18., upon conviction before a justice;

2. For exercising calling on the Lord's day, sect. 21 inflicts imprisonment, or forfeiture

389. Ante, I. not exceeding 201. beyond the injury done, for unlawfully and malicionsly destroying or

COPY. damaging with intent to destroy any regetable production growing in any garden, &c., upon I. Seen on sale, or sung from, 257. COPYRIGHT. like conviction ; sect. 22 inflicts imprisonment

I. 1. (for a shorter term), or forfeiture (not exceed- II. Of former deposition, 292. INSURANCE, ing 20s.) as before, for unlawfully and mali- IV. 1. ciously destroying or damaging with intent

COPYHOLD. to destroy, any cultivated root, plant, &c., used for food, medicine, or manufactus, growing in I. Surrender: necessity for. VOL. XIII.77


When not necessary on alterations in the To accept surrender, 808. Ante, I.

vesting of estates by private act reserving v. Customary tenement. CUSTOMARY TENKthe rights of the lord.

MENT. Testator surrendered copyholds to the use of his will, and devised them to trustees for

COPYRIGHT. & term of years, on certain trusts, subject to which he devised them for life, with remain. I. Who may be entitled to. der in tail, and divers remainders over, with

1. A foreigner, when. a provision for cesser of the term on the trusts A foreigner, though resident abroad, may being satisfied. On testator's death, the trus- have copyright in this country, if the first tees were admitted tonants to hold for the publication is in this country. term upon the trusts of the will; and a fine On the trial of an action for piracy of was duly paid upon such admission. After- musical copyright, a piece of music having wards, and after the trusts of the term were been shown to a witness skilled in musie, ho satisfied, a private act (7 & 8 Vict. c. 24) was was asked, for the purpose of proving that it passed, by which it was enacted that certain was not first published in England, whetber new trustees therein named might sell the he had not seen printed copies of it for sale premises freed from the limitations of the will, in a shop at Milan at a given date sixteen and declare that the copyhold tenants of the years before the trial. Held, that the ques. premises should thenceforth be trustees of the tion was irregular, as referring to the conlegal estate thereof for the purchaser, and tents of a document not produced or accountthat such tenants should be such trustees ac- ed for. cordingly, until the same should have been Held, also, that a statement by the same surrendered; with power for the new trustees, witness, that he had heard the music proby any surrender according to the custom of duced in Court ong by persons in private the manor, and in the same navner as if they society with printed music before them, as if were copyhold tenants of the same, to surren- singing therefrom, was not evidence that the der the copyhold hereditaments so to be sold musio so printed was the same as the music to the use of the purchaser. The act con- in Court. Boosey v. Davidson,

257 tained a clause saving the rights of all persons

2. Place of publication, 257 Ante, 1. except those interested under the will. The said trustees, having sold the premises, ten. II. Evidence. dered a formal surrender to the steward, which What is only secondary evidence, 257. Ante, he refused to accept. The grounds of refusal I. I. were, that the trustees were not tenants of the

CORN-RENT. manor,

and must themselves be admitted before thoy could surrender; that the estate To be re-ascertained at fixed periods. tail was not barred, for this could only be

1. Periods how computed. done by a surrender for that purpose, on By a local enclosure act, a corn-rent, of a which, by the custom of the manor, a fine

stated amount, was given to the rector of a would be payable; and that the lord was no

parish in place of certain dues ; such rent to party to the private act, and not bound by it.

be paid on 5th January and 5th July, the Held,

first payment to be on such of those days as That, as the tenant for life and remainder

should be directed by the award of enclosure man in tail had already been admitted by

Commissioners. The Commissioners were, the admittance of the original trustees, and

by such award, to apportion such rent among as, under sect. 50 and other sections of stat.

the landholders: and the rent was to be sab. 3 & 4 W. 4, c. 74, the tenant for life and re

ject to future variation as follows: The quan. mainder-man in tail might (independently of

tity of wheat equivalent to the amount stated the private act), by one surrender, have barred

in the award being ascertained, it was enactthe entail and conveyed to the purchaser, the

ed that the rector of the land owners might lord was not prejudiced by the private act,

apply to the justices at the first Quarter Sessubstituting the new trustees as surrenderors

sions to be holden for the division in the week in licu of tho tenant for life and remainder

after the feast of Easter next after the expiraman in tail: and that he was bound to accept

tion of troenty-one years to be computed from the surrender. Regina v. Lords, &c., of

the making of the said award, to cause the Wecdon Beck,


amount of rent to be reascertained, and inII. Admittance.

creased or diminished according to the are. Cf parties by their trustees, 808. Ante, I. rage price of wheat for the twenty-one years (II. Estate tail.

then last past; notice of such application to

be given in January next preceding. The Who may bar, and how, 808. Ante, I.

rent was to be reascertained by CommissionIV. Mandamus with respect to.

ers, tho amount reported by them at the best

July sessions, and an order there made ney had any lien on the costs for moneys adaccordingly; and such rent was to continue vanced. payable from the half-yearly day of payment The plaintiff had been taken in execution next after that order, until the same should, in the former suit, and discharged under stat. at the end of troenty-one years then next ensu- 48 G, 3, c. 123, s. 1, after a twelvemonth's ing, be again varied by such application, and imprisonment. Held, no objection to the in such manner, as before mentioned; and Judge's order, the plaintiff's estate being still so from time to time, at the end of every liable under the judgment in that suit. twenty-one years, for ever. Held,

O'Hare v. Reeves,

659 That the application for reascertainment III. Attorney's lion. could take placo only at the expiration of one

How far considered, 659. Ante, II. of the periods fixed by the act, and, if then omitted, could not made till the next IV. In chancery. twenty-one years had expired. And,

Attachment, 497. ATTACHMENT, I. 1. That the application, at the end of any | V. On particular proceedings. such period (other than the first), must be

1. On summary conviction, 389. Convicmade to the Easter sessions next after the

TION, I. close of the twenty-first year, notice being

2. Of parties on removal of accounts by given in the January preceding; and that the

certiorari: when disallowed, 327, 340. justices were right in refusing to hear an

Poor, X. 1. application made, on notice in January of the twenty-second year, to the ensuing Easter

COUNSEL sessions. Regina v. Lindsey, Justices, 484

Advice of. 2. Consequence of permitting one of the periods to pass, 484. Ante, 1.

When no excuse for litigation, 327. POOR,

X. 1.

I. Dissolution.

I. Petty sessional division, 248. BASTARDY, I, 1. In manner pointed out by statute, inferred II. Holding quarter sessions concurrently with from what conduct, 269. Poor, IV. 1.

assizes, 738. Sessions, I. 2. Partial dissolution, 269. Poor, IV. 1. 3. Estoppel by suing defendants as a corpo

COUNTY COURT. ration, 269. Poor, IV. 1.

I. Abolition of previously existing small debt II. Municipal. MUNICIPAL CORPORATION. courts. III. Sole.

Without changing into county courts. 1. Period of limitation of actions, how it runs

The Queen in council has power under stat. against, 509. TITAE, II.

9 & 10 Vict. c. 95, to abolish the several 2. Effect of interruption by death, 509. TITHE,

courts mentioned in schedules A. and B. to II.

that Act, without changing them into courts

to be bolden as County Courts. Regina v. IV. Notice to.


851 Notice to predecessor, 509. TITAE, II.

II. Judge: for what districts.

Same judge for several districts.

The Lord Chancellor, by one appointment, I. Of consolidated actions.

under stat. 9 & 10 Vict. c. 95, appointed the Joint liability of each defendant, 308. ATTOR

same person to be judge of the County court

in several districts situate in the county of II. Setting off.

W., and in several districts situate in the Costs of former action, present action in

county of H. formâ pauperis.

Held, that the appointment was valid. Regina v. Parham,

858 Judgment for damages and costs signed by a plaintiff suing in formâ pauperis,

III. Trespass under process of. a Judge, on summons, ordered satisfaction to Wrong party served: mistake as to identity. be entered, on the defendant's acknowledg- In trespass for false imprisonment, defending satisfaction for costs to a like amount ant pleaded that he sued out a summons waxed for him against the same plaintiff in a against the plaintiff in the County court for former action. This Court refused to set debt, that the summons was personally served uside the Judge's order; the now plaintiff not upon plaintiff, that he did not appear, and having appeared in formâ pauperis in the that it was adjudged that he should pay the tormer action, and there being no proof that, debt by instalments; that a minute of the in the subsequent action, the plaintis's attor- judgment was served upon him, and that



the instalments were not paid ; that a fraud V. Of requests. summons was then obtained and served upon Abolition under County Courts Aet, 851 him; that he did not appear, and was com- COUNTY COURT, I. mitted by the judge to prison; justification VI. Inferior. INFERIOR COURT. under the process, &c. Replication, De injuriâ, and issue thereon. The evidence in support of this issue was,

COVENANT. that the defendant, having a debt due from

I. Parties and privies. one J., entered a plaint against him in the

1. Executor of assignee: plenè administravit, County court by his right name, which was

542. Post, IV. an entirely different name from the plaintiff's, and that he served the plaintiff with the

2. Tepants in common, 977. EJECTMENT, II. several proceedings, which were all directed II. Time for performance. against J. by name, under the belief that the

Reasonable time : onus of accounting for plaintiff was J.; that J. never appeared in

delay. Court; that plaintiff uniformly stated that he

A lease for years, to commence at Michael. was not J., and, on the service of each pro

mas, 1845, was, by a decree for a specific perceeding, gave notice of the mistake; but that formance at the instance of the lessee, esedefendant directed the officer to take plain- cuted on 12th January, 1847, bearing date as tiff. Held,

of 29th September, 1845. The lease contained That, as the proceedings were against J. a covenant to insure the demised premises by name, and were intended to be against

and keep them insured during the term, and him, and were served upon the plaintiff only

a power of re-entry on breach. The landlord by reason of a mistaken supposition that he

brought ejectment, and proved that the prewas J., the plea was not proved.

mises were not insured until 18th February, That, whether commitment on a fraud sum

1847. Defendant gave no evidence to account mons under the County Courts Act, 9 & 10 for the delay. Vict. c. 95, s. 99, be in the nature of punish

Held, that, assuming that the covenant ment or execution, the defendant was respon- might be construed as a covenant to insure sible for the wrongful imprisonment under it. within a reasonable time only after the exeWalley v. M'Connell,

cution of the deed, the onus of showing that IV. Fraud summons.

the delay from 12th January to 18th February Nature of the commitment: punishment or

was reasonable lay on the defendant: and execution, 903. Ante, III.

that no evidence being given to explain the

delay, it was right that the Jndge should V. Party.

direct a verdict for the plaintiff. Doe dem. Responsibility for wrongful commitment, 903. Darlington v. Ulph,

204 Ante, III.

III. Running with the land.

Assignment before breach, 542. Post, IV. I. Charges on.

IV. To indemnify: future breaches.

Executor when not bound to retain assets. Special constables appointed by borough jus

In an action by executrix of assignor of s tices, 592. CONSTABLE, I.

lease against executrix of assignee, upon a II. Towns contributory.

covenant by assignee to perform the covenants New borough, when, 592. CONSTABLE, I. in the lease, and indemnify assignor for the.

breach of any of them, defendant pleaded

Plenè administravit, and at the trial proved COUNTY TREASURER.

that the entire assets, including the consideraMandamus to pay special constables, 592. Con

tion money for & sale by him of the lease in

question, had, before the breach of covenant STABLE, I.

complained of, been applied to the payment COURT.

of simple contract debts.

Held, a sufficient defence; for that the I. Generally.

executor was not bound to retain the proceeds 1. Act of, 903. COUNTY COURT, III.

of such sale for the purpose of indemnifying 2. Execution of power by, 42. WITNESS,

against any future breach of covenant. Al. I. 1.

though some of the breaches in question were

by non-payment of rent, Colline v. Crouck, II. Of chancery of Isle of Man, 613. HABEAS CORPUS, I.

V. Not to sue. III. Contempt of. CONTEMPT.

1. For a limited time, 886. BILLS, I. 1. IV. County. COUNTY COURT.

2. With other covenantees, 886. Bijus, L 1

542 NEY, II.

VI. Particular covenants.

IV. Statutes binding on. 1. By assignee to indemnify assignor, 542. Stat. 11 G. 4 & 1 W. 4, c. 70, 364. Anto, II. Apte, IV.

V. Presumption that the King is always present 2. To insure during term : how construed,

in B. R., 364, 380. Ante, II. IIL
204. Ante, II.
VII. Breaches.

Future : plenè administravit, 542. Ante, IV. I. Generally.
VIII. Re-entry on breach.

How affected by general statute 1. ATTOR1. Onus of proof, 204. Ante, II. 2. Entry for breach of, 977. EJECTMENT, II. II. Of particular places.

Of London, 1. ATTORNEY, II. 802, 807 n. CREDIT.

Whether given to fund or on personal respon- CUSTOMARY TENEMENT.
sibility, 815. COMMITTEE, I. 1.

Title of heir before admittance.

By the custom of a manor, the customary When a competent witness, 128. BANKRUPT, tenements thereof were held of the lord, for II.

the joint lives of the customary tenant and

the lord, at the will of the lord, according to CRIMINAL LAW.

the custom of the manor, at customary rents INDICTMENT. INFORMATION. JUDGMENT. JURY.

and services, and were descendible from an

cestor to heir. Alienation inter vivos was CROSS-REMAINDER.

made by customary deed of bargain and sale

from alienor to alienee, and surrender and Page 100. Estate, I.

admittance thereon in the customary court,

the deed being licensed by the lord, and a CROWN.

memorandam of the license endorsed on the I. Petition of right.

deed. A fine was paid on the death of lord Power of Queen's Bench to give judgment,

or tenant, and on alienation. The admittance 380. Post, III.

of an heir, in form, stated that the heir took

of the lord, upon the demise of the steward, II. Writ of error.

the tenement now in the hands of the lord, The administrator of the suppliant in a pe- to be granted to the heir on the death of the tition of right may bring error on a judgment

ancestor, to hold for the joint lives, &c. (as given against his testator.

by the custom above stated). Held that an Error on a judgment for the Crown in a

heir could not, before being admitted, mainpetition of right may be brought in the Ex

tain ejectment against a stranger. Doe dem. chequer Chamber, the Crown being bound in Dand v. Thompson,

670 this respect by stat. 11 G. 4 & 1 W. 4, c. 70, s. 8. Baron de Bode v. The Queen, 364

CUSTOMS. III. Money held by the Crown or its officers.

Proceedings before justices. Claims of subject where fund disposed of by Information exhibited before a single justice. statute.

By the Customs' act, 8 & 9 Vict. 86, s. On petition of right, suggesting that, under 7, a penalty is imposed on the master of any the conventions mentioned in stat. 59 G. 3, ship who fails to make due report of her arc. 31 (for enabling Commissioners to carry rival. By the act, 8 & 9 Vict. c. 87, for the into effect certain conventions for liquidating Prevention of Smuggling, s. 82, all penalties claims of British subjects and others against “imposed by this act or any act relating to the government of France), the Crown has the customs, or to trade or navigation, shall received moneys to which the suppliant is and may be sued for" by action, or informaentitled : Held, by the Court of Exchequer tion in any of Her Majesty's Courts, or "by Chamber, affirming the judgment of Q. B., information before any troo or more of Her

That there was no ground for the petition Majesty's Justices oj' the Peace.” By s. 83, of right, and the suppliant could take nothing, “upon the exhibiting any information before since he had no right except by claiming any justice of the


of any offence against according to the statute, and the statute dis- this or any act relating to the customs, or to posed of the whole fund.

trade or navigation, for which the party Held, also, that the Queen's Bench had charged is not liable to be detained in manner power to give judgment on the petition, and herein before mentioned, such justice” is to istiat the judgment was right in form. Baron sue a summons for the appearance of the party de Bode v. The Queen,

before two justices. By s. 107 "all informe


« EelmineJätka »