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MAJORITY.

VI. Peremptory. I. Execution of power by, 42. WITNESS, I. 1.

Not where first writ in terms in which the II. Intendment that overseers signing a state

peremptory mandamus cannot go, 1. At

TORNEY, II.
ment constitute a majority, 190, 195. Poor,
XXV. 1.

VII. Execution of writ.
MALICE.

Of mandamus to Colonial Court to examine

witnessos, 42. WITNESS, I. 1. I. When essential to action.

VIII. Order of court substituted for, by stat. In action against justice for refusing to take

11 & 12 Vict. c. 44, s. 5, 654. Highway, I. bail, 240. Bail, V. II. Evidence of.

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

MALICIOUS INJURIES.

MASTER AND SERVANT. Te trees, 216. Conviction, V. 1.

Giving characters.

Correction of good character given by mistake, MAN (ISLE OF).

796. DEFAMATION, I. Page 613. HABEAS CORPUS, I.

MAXIMS.
MANDAMUS.

I. Nemo potest esse simul actor et judex, 327. I. When it does not lie.

POOR, X. 1. 1. To justices to hear a complaint on which II. Audi alteram partem, 869. DISTRESS, I.

they have already decided in the negative, III. Verba accipiuntur fortius contra proferenthough erroneously, 318. Poor, XXVIII.

tem, 462. CONTRACT, VIII. 2. 2. After lapse of statutory period, 484. Corn. IV. In præsentiâ majoris cessat potestas minoRENT, 1.

ris, 738. Sessions, I. II. In particular instances.

V. Quando aliquid conceditur, conceditur et id 1. To Insolvent Debtors' Court to re-examine sine quo res ipsa esse non potest, 1, 37. AT. insolvent, 666. DEBTOR, I.

TORNEY, II. 179. BUILDING ACT. 2. To steward to accept surrender, 808. VI. Ut res magis valeat quam pereat, 190. COPYHOLD, I.

Poor, XXV. 1. 3. To enter memorial of transfer, 998. COMPANY, I. 1.

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

Notice of meeting and purposes extends to 5. To supreme court at Madras to examine adjournments, 687. Poor, XVII. witnesses, 42. Witxess, I. 1.

IL. Proceedings at. 6. To justices to hear application for order of Continuation through successive adjournremoval, 318. Poor, XXVIII.

ments, 687. Poor, XVII. 7. To justice to issue a distress warrant, 399. III. Adjournment. HIGHWAY, II.

1. Nature and consequences of, 687. Poor, 8. To account to auditor, 405. Poor, III.,

XVII. 9. To readjust cornrent, 484. CORNRENT, 1. 2. Effect of an intervening original meeting, 10. To county treasurer to pay special con- 687. Poor, XVII. stables, 592. ConstABLE, I.

3. Effect of different persons attending, 687, III. Lapse of time.

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

MEMORANDA.

Page 522. IV. Writ. 1. Objections to form, available after return,

MEMORANDUM. 1. ATTORNEY, II.

Limiting liability of carriers, 347. CARRIER, L 2. Objections not cured by return, 1. ATTORNEY, II.

METROPOLITAN BUILDINGS' ACT V. Return.

BUILDING Act. 1. Argumentativeness, 1. ATTORNEY, II. 2. Objections not cured by, 1. ATTORNEY, II.

MISDEMEANOR, 3. Construction of, 42. WITNESS, I. 1. Refusal to take bail, 240. Bail, V.

MISNOMER.

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

1. In respect of the appointment and remg.

neration of special constables, 592. Cor. MISTAKE.

STABLE, I. I. Of arbitrator, 955. ARBITRATION, VI.

2. In respect of distresses for local rates, 833.

JUSTICE, I. 1. II. Of fact.

II. County rate. 1. Effect of in construing instrument, 774.

What borough a town contributory, 592. TERM.

CONSTABLE, I. 2. In name, distinguished from mistake in persch, 903. COUNTY Court, III.

III. Special constables.

When paid out of county rate, 592. Cos.
III. In giving the character of a servant, 796.
DEFAMATION,

STABLE, I.
I.

MUSIC.
MONEY.

COPYRIGHT.
I. Foreign.
How described in criminal proceedings, 74.

NECESSITY.
East INDIES, I. 1.

I. Judicial notice from necessity, 1, 39. ArII. Forfeiture of.

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

JURY, IV. 1.

MONEY HAD AND RECEIVED.

NEWSPAPER. I. What is not

Contempt by libel in, 613. HABEAS CORPUS, L Money received in discharge of note by alter

NISI PRIUS. ing the name of the payee.

I. Trial at. TRIAL. Defendant, as executor of B., the survivor of A. and B., had by instituting legal process, II. 1. Amendment at, 608. AMENDMENT, L 4 obtained payment of a promissory note pur- 2. Entry of facts on the record, 185. FEIGNED porting to be payable to A. and B. Plaintiff, ISSUE, I. who was administrator of A., brought an action for money had and received, and pro

NOMINATION. duced 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.

NON ASSUMPSIT. Held, that there was no evidence to go to the jury in support of the count for money

Plea amounting to, 462. Contract, VIII, 2. had and received to the use of the plaintiff ;

NON EST FACTUM. 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, 187

NONSUIT. II. In particular instances.

I. Motion for after death of defendant, 750. To use of administrator: relation, 552. Ex

AGENT, IL
ECUTORS, I.

II. Judgment as in case of.

Peremptory undertaking. REG, GEX, 523. MONEY PAID. I. By executor on account of legatee, 900. Ex

NOTICE.

I. Judicial.
ECUTORS, III. 1,
II. Costs incurred in suing committee-man at

1. Of customs of inferior court, on writ of the request of another committee-man, 815. error, 1, 39. ATTORNEY, II. COMMITTEE, I. 1.

2. Of petty sessional divisions, 248. Bas-
TARDY,

I.
MORTGAGE.

3. Of course of the Court of Chaneery, 497, Right of successive mortgages.

508. ATTACHMENT, I. 1. When second mortgagee has taken an assign- II. In particular cases.

ment of a satisfied term to trustees, in ig- 1. To customer, by common carrier, 347. norance of the first mortgage, 774. TERM. CARRIER, I.

II.

2. To corporation sole, 509. TITAE, II

PARTICULARITY. 3. Of call, 998. COMPANY, I. 1.

I. In pleading. PLEADING, IV. 4. Of meeting. MEETING. VESTRY. 5. Of action. ACTION.

II. In attorney's bill, 308, 515. ATTORNEY,

IV. VI. 2. 6. Of appeal. APPEAL.

PARTY.
OCCUPATION.

I. To instrument.
Of union workhouse, 269. POOR, IV. 1.

Assenting to a deed, but not executing it,

886. BILLS, I. 1. OFFENCE,

II. Plaintiff. What is.

When liable for arrest of wrong person as Non-payment of local rates, 833.' Justice, I. 1.

defendant, 903. COUNTY COURT, III.

III. Defendant.
OFFICE.

Death after verdict with leave to move. ,
Sale of.
Nomination to a cadetship, 447. CADETSHIP.

PATRONAGE.

Sale of, 447. CADETSHIP.
OFFICER
I. When not incapacitated by interest, 327.

PAUPER.
Poor, X. 1.

Suit in forma pauperis. II. Offences by.

Setting off costs : attorney's lien, 659. Costs, Receiving gifts, 74. East INDIES, I. 1.

PAYMENT.
OMISSION.

Under what obligation.
To enforce remedies, 572. DILAPIDATIONS, I.

Under contract or under authority of law

269. Poor, IV. 1. ORDER, I. Form.

PAYMENT INTO COURT. 1. Showing jurisdiction on face : petty ses. In lieu of bail. sional division, 248. BASTARDY, I.

Repayment, 653. Bail, V. 2. Illegal alternative, 389. CONVICTION, I. 393. JUSTICE, X.

PENALTY. 3. When sufficient because meaning clear, Pecuniary. 405, 413. Poor, III.

Substitution of personal punishment, 389. II. Enforcement by distress.

CONVICTION, I.
Previous summons, $69. DISTRESS, I.
III. Of sessions.

PEREMPTORY UNDERTAKING.
Inaccurate caption, 642. Poor, V. 1,

REG. GEN. 523.
IV. Of magistrates.

PERFORMANCE.
Submission to, an act in invitum, 572.
DILAPIDATIONS,
I.

Pleading, 462. CONTRACT, VIII, 2.
V. Of Poor Law Commissioners, 405. POOR,

PETITION OF RIGHT.
III.
OYER.

Error on judgment, 364. Crown, II.
Page 536. BILLS, III.

PETTY SESSIONAL DIVISION.

Page 248. BASTARDY, I.
PARENT AND CHILD.
I. Child.

PIRACY.
Place of birth, 769. BASTARDY, II.

Of music, 257. COPYRIGHT, I. 1.
II. Inheritance.

PLEA.
Father from son under stat. 3 & 4 W. 4, c.
106, ss. 6, 11, 100, 115. Estate, I. I. General Issue.

1. Plea amounting to, 462. CONTRACT, VIII. PARISH.

2. What not a parish or reputed parish, 354. 2. Non est factum: what put in issue, 536. POOR, VII. 1.

BILLS, IIL

II. Particular pleas.

2. To the country, 462. CONTRACT, VIII. 2. 1. Liberum tenementum, in Holford v. Bai- XII. Ambiguity. ley, 436.

Construction fortius contra proferentem, 462. 2. Non-performance of a collateral contract,

CONTRACT, VIII. 2. 462. CONTRACT, VIII, 2.

XIII. Argumentativeness. 3. Justification of imprisonment under attach.

1. Argumentative traverse of court being an ment in Chancery, after transfer from Fleet

inferior court, l. ATTORNEY, II. to Queen's prison, 497. ATTACHMENT, I. 1.

2. Argumentative denial of performance, 462. 4. Falsehood of representation, 632. CHARTER

CONTRACT, VIII. 2. PARTY, II. 1. 5. Justification under commitment on a fraud

XIV. Departure. summons, 903. COUNTY COURT, III. By rejoining as a warranty what had been

pleaded as a representation, 632. CHARTEBIII. Conclusion,

PARTY, II. 1. To the country, 462. CONTRACT, VIII. 2.

XV. Defects supplied by allegations in subsePLEADING,

quent pleading. I. Oyer.

1. Defect in writ when not supplied by return, Effect of not setting out, 536. BILLS, III.

1. ATTORNEY, IL

2. Defect in plea when not supplied by reII. Legal effect.

joinder, 632. CHARTER-PARTY, II. 1. 1. Put in issue by non est factum, 536. Bills, III.

XVI. Defects cured by verdict. 2. Agreement between several parties operat

Equivalent, instead of technical, expressions, ing as an agreement between two. BILLS,

426. FISHERY, I. 1. I. 1.

PLENE ADMINISTRAVIT.
III. Generality.
In charging disobedience to public statutes, | Page 542. Covenant, IV.
911. HIGHWAY, V. 1.

POLICY.
IV. Particularity.

INSURANCE, 1. In describing foreign money, 74. East INDIES, I. 1.

POOR. 2. Language of statute when sufficient, 74. I. Poor law commissioners: anthority. EAST INDIES, I. 1.

1. None to alter relations in which districts 3. In describing corrupt contract, 447. stand to each other. Regina 6. Clayton, CADETSHIP.

363. V. Matter essential to the right or defence

2. In formation of audit districts, 405. Post, pleaded.

III. 1. Materiality of representation, 632. CHAR- II. Poor law commissioners: their orders. TER-PARTY, II. 1.

1. Whether valid until quashed, 405. Post, 2. To show contemporaneous instrument to III.

be a parcel of the contract to wbich it is 2. Informal description in, 405. Post, III. pleaded, 886. Bills, I. 1.

III. Incorporation under local act: its nature VI. Deduction of title.

and liabilities. To franchise in alieno solo where not neces

When a union that may be joined with others sary, 426. FISHERY, I. 1.

in audit district, VII. Under statutes.

The Governor, &c., and guardians of the General form of pleading under public acts, poor of the city of Bristol, which contains 911. HIGHWAY, V. 1.

several parishes, were incorporated by statate VIII. Colour.

for the relief and management of the poor of

the city. By stat. 7 W. 4 & 1 Vict. e. What does not give implied colour, 462, 482. CONTRACT, VIII. 2.

lxxxvi., the corporation were empowered to

levy and collect in one rate the sums respecIX. Admission in.

tively requisite for the relief of the

poor,

for Admission of omitted fact, 1. ATTORNEY, II. the borough rate, for paving, for payment of X. Traverse.

a certain annual sum to the Bristol Dock What amounts to, 462. CONTRACT, VIII. 2.

Company, and for other purposes, such as

sessment to distinguish in several columns XI. Proper commencements and conclusions. the amounts assessed on each rate-payer in 1. Of count in trespass or case, 426. Fisu- each of the said charges, and the Gorernor, ERY, I. 1.

&c., were to pay over to the Dock Company,

the Commissioners of paving, and the borough council, the respective amounts payable to those bodies.

The Poor Law Commissioners, under stat. 7 & 8 Vict. c. 101, s. 32, made an order, combining this corporation, by the title of “The Corporation of the Poor of the City of Bristol," with certain unions into a district for the audit of accounts. The auditor appointed for the district required the Corporation to render an account of all moneys, matters, and things committed to their charge, or received, held, or expended by them as Governor, &c. The Corporation refusing to attend the audit,

mandamus issued, calling upon them to account in the terms of the auditor's request. Held, by the Court of Queen's Bench, and by the Exchequer Chamber, affirming the judgment of that Court,

That the Poor Law Commissioners had power to include the city of Bristol in a district for the audit of accounts, as it was a union within stat. 7 & 8 Vict. c. 101, s. 32, and sect. 109 of stat. 4 & 5 W. 4, c. 76; and that the power was well exercised, in substance, though the Corporation of the Governor, &c., was combined in the district, and not the city itself, or the parishes contained in it, and the Corporation itself was incorrectly described.

That the request of the auditor, and the mandatory part of the writ, were not too large, as requiring the Corporation to account for all moneys received and expended; because the auditor was entitled to know the amount of all moneys raised and paid, in order to ascertain the balance applicable to the relief of the poor.

Semble, also, that, under stat. 4 & 5 W. 4, c. 76, 8. 105, the order of the Poor Law Commissioners was valid until brought up by certiorari and quashed. Regina v. Bristol, Governor of Poor,

405 IV. Incorporation under local act: dissolution. 1. Conduct from which dissolution by consent

of majority of guardians may be inferred.

Replevin (declaration, April, 1847), by the Guardians of the Woodbridge poor law union, against defendants described as the Corporation of Guardians of the poor of C. Avowry, for rent due to defendants at Michaelmas, 1846, for a workhouse hold by plaintiffs, as tenants to defendants under demise at a yearly rent. Plea, that defendants did not hold, &c., modo et formâ. Issue thereon.

On a special case, with liberty to the Court to draw inferences as a jury, it was found that the Guardians of C. were incorporated by a local act, 30 G. 3, c. 22, for relief of the poor of certain parishes, and that the workhouse, and all furniture, &c., purchased by them under former acts were vested in them for the uses in this act mentioned. That, on VOL. XIII.-80

trial of the cause, evidence was offered of an order made in 1835, by the Poor Law Commissioners, under stat. 4 & 5 W. 4, c. 76, s. 32, reciting consent of the Guardians to a dissolution of the Incorporation, and ordering it to be dissolved. That by an order, made immediately afterwards, the Commissioners, acting under stat. 4 & 5 W. 4, c. 76, s. 26, established the Woodbridge Union, comprising, among others, the parishes, twenty-eight in number, formerly governed under the local act; from which time the Guardians of the C. Incorporation ceased to act in the relief of the poor, and that business, in the twentyeight parishes, was administered by the Woodbridge Guardians. That the workhouse, before the order for dissolution, was used by the C. Incorporation for the reception of their poor, but afterwards was occupied as a union house for the Woodbridge Union. That, from the making of that order till April, 1846, the Woodbridge Union paid to the treasurer of the C. Incorporation 2211, by half-yearly payments, at Lady-day and Michaelmas, which, until 1838, were styled “rent” in the checks so paid. That, in 1838, the Wood. bridge Guardians paid a balance for furni. ture and fixtures in the workhouse. That, after that time, the word "rent" was not used in the checks. That, in 1841, the Commissioners made an order under stat. 5 & 6 W. 4, c. 69, 8. 3, reciting the establishment of the Woodbridge Union by their last preceding order, and reciting also that the work. house belonging to the C. Incorporation thereupon became convertible to the common use of the Woodbridge Union, and had been used accordingly; and the order directed the Woodbridge Guardians to pay out of the Union funds to the treasurer of the Incorporation as compensation for the use and occupation of the said workhouse, while such use, &c., should continue for Union purposes, or till further order of the Commissioners, 2211. yearly, by half-yearly payments, to commence from the preceding Michaelmas; such payments to be applied by the treasurer, first in discharge of certain securities, given by the Guardians of the Incorporation, and then as the Commissioners should order. And that the securities were discharged accordingly.

Held,

1. That the order of dissolution was admis. sible in evidence. For, supposing that the plaintiffs, having sued the defendants as a corporation, would have been estopped from setting up the order if its effect had been entirely to destroy the Incorporation, that estoppel did not arise here, as the order did not destroy the Incorporation for all purposes : And, after the lapse of eleven years, a jury might have inferred from the conduct of parties, and the use made of the workhouse sinoe the first order of 1835, without more direct

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