« EelmineJätka »
AUDIT. District, 405. Poor, III.
BANKING COMPANY. I. Of Union, 327, 873. Poor, X.
Scire facias against individual members, 308. II. Of district, 327. Poor, X. 1.
I. Assignee : generally.
Relation in which he stands to the general I. Agent contracting without : remedy, 744.
body of creditors, 128. Post, II. AGENT, I.
II. Evidence. II. To hold out committee-man as personally responsible, 815. COMMITTEE, I. 1.
Competency of creditors.
In an action brought against assignees in AVERAGE.
bankruptcy to try the validity of the fiat,
creditors of the bankrupt, whether they have General,
or have not proved, are competent witnesses Contribution to salvage, 167. INSURANCE, I.
in support of the fiat, by stat. 6 & 7 Vict. c. 85, s. 1. Colombine v. Penhall,
128 AVOWRY. For poor rates made by select vestry, 687.
I. Petty sessional divisions.
Order bad as purporting to be made in a non
existent petty sessional division. I. On reference. ARBITRATION.
An order of filiation purporting to be made II. Of tithe commutation commissioners, 761. “at a petty session," of justices for the county TITHE, I. 1.
of L., “bolden in and for the petty sessional
division of H., in the said county, at H. aforeBAIL.
said," and recited the application of the moI. Special : in particular proceedings.
ther, "residing at N. within this division,"
to a justice "acting for this division,” for å On removal of cause commenced in the May
summons, and that the justice issued his or's Court, 802, 807 n. FOREIGN ATTACH
summons "to appear at a petty session to be MENT, I. 1.
holden on this day, for this division, in which II. Special : from what persons required.
the said justice usually acts." There was, From executors and administrators, 807 n. in the county of L., a petty sessional division FOREIGN ATTACHMENT, I. 1.
called B. within which petty sessions were
usually held, at H. among other places. H. III. Payment into Court in lieu of.
was within B.; and the justices who made Rule for repayment to defendant,
the order resided in H., and had been long Where money has been paid into Court in used to act for townships in the neighbourlieu of bail, by the defendant, and judgment hood of H., including the townships of N. is afterwards obtained as in case of a nonsuit, and H. But no petty sessional division of the rule to pay the money over to defendant H. had been formed under stat. 9 G. 4, c. 43, should be a rule nisi, and not absolute in the or 6 & 7 W. 4, c. 12. Held :
first instance. D’Ebro v. Schmidt, 653 1. That the quarter sessions, on appeal IV. Taking out of Court: time.
against the order, could take judicial notice The rule of practice requiring that an ap
of the petty sessional divisions of the county.
2. That the order was bad, as showing want plication to take out of Court money deposited
of jurisdiction, though it showed that the in lieu of special bail should be made before issue joined, is not altered by stat. 1 & 2 Vict.
party summoned had appeared ; that, upon
these facts, there was Welchman v. Sturgis, c. 110.
petty sessional divi. 556
sion of H. within the meaning of stats. 7 & 8 V. In charge of misdemeanor.
Vict. c. 101, s. 2, and 8 & 9 Vict. c. 10, s. 10; Case for refusing to take : malice.
and the order could not be understood as deIn'an action against a justice for refusing scribing a session for the petty sessional to take bail on a charge of misdemeanor, division of B., holden at H. Regina v. WhitHeld, that defendant's duty in this respect tles,
248 was not merely ministerial, and, therefore, II. Order on putative father : with respect to that the action was not sustainable without wbat children. proof of malice. Linford v Fitzroy, 240
Not for child born abroad.
A bastardy order cannot be made on the cuting the indenture, "in order to indemnify" putative father under stat. 7 & 8 Vict. c. 101, the plaintiffs "against any loss or dimination 8. 2, in respect of a child born abroad, al- that” might "happen to the said trust estate though the mother became pregnant while and moneys, or the interest or income theredomiciled and resident in England and re- of, by the failure of the said securities :" and turned to England with the child shortly there was a covenant by the grandsons, in after its birth. Regina v. Blane, 769 consideration of the premises, to indemnify
the plaintiffs accordingly; and a further coBELIEF,
venant by the two other grandsons, that E.,
who was then a minor, should execute the Reasonable, 558. Action, I. 1.
indenture on attaining his majority. The
security referred to, as set forth in the scheBILL.
dule, consisted of the promissory note in the Attorney's. ATTORNEY.
declaration, and other notes payable also on
demand with interest. The plaintiffs were BILLS OF EXCHANGE AND PROMIS.
present at the execution of the deed, assented SORY NOTES.
to it, and acted upon it. A verdict was found
for the defendant. I. Collateral agreement.
Held, by the Court of Queen's Bench, that 1. Not to sue for a limited time; when not a
the plaintiffs were bound by the indenture, defence.
the meaning of which was, that the securities Assumpsit on a promissory note made pay- inentioned in the schedule should remain able by defendant to the plaintiffs, as execu- outstanding until E. attained twenty-five; tors of S., on demand, with interest.
and that the plea was proved. Plea, that, at the same time as the making Held, by the Court of Exchequer Chamber, of the note, an agreement in writing was on error, that the agreement in the indenture made, between the defendant and other per- was collateral to the agreement in the declasons and the plaintiffs, that the note should ration, because, though stated to be contem. not become due and payable until one E. poraneous, it was not stated to be parcel of attained the age of twenty-five years; or, if it, and was not between the same parties; he should die under that age, then upon cer- that, as a collateral agreement, it was invalid tain moneys becoming divisible under the for want of consideration, and was no defence, will of S.; and that he was still living and being, at most, a covenant not to sue for a under twenty-five. Issue was joined upon a limited time, and also a corenant with other replication traversing the agreement.
covenantees than the defendant alone ; and It appeared on the trial that S., by her that the plea was bad, and the plaintiffs enwill, had bequeathed half of her residuary titled to judgment, notwithstanding the verpersonal estate to her daughter, defendants dict.
Webb v. Spicer,
886 wife, and bad directed the plaintiffs, as her
2. Consideration, 886. Ante, 1. executors, to place out at interest the remain
3. Between what parties, 886. Ante, 1. ing half, until the said E., one of her three grandsons, should attain the age of twenty- II. Agreement parcel of the instrument. five, and to divide the same, on that event, When inconsistent with the terms of the bill equally between her grandsons. After the
or note, 886. Ante, I. 1. death of testatrix, the plaintiffs paid over half the residue to defendant; and, E. being III. Release. then under twenty-five, the plaintiffs invested Express reservation as to parties jointly the remaining half of the residue in promis- liable. sory notes payable on demand and bearing Where a deed is not set out on oyer, but interest, one of such notes being the note is pleaded according to its alleged legal effect, mentioned in the declaration. At the time Non est factum puts in issue the alleged effect of making this note, an indenture, to which of the deed as well as its execution. the defendant, the grandsons and the plain- To a declaration on a promissory note, detiffs were parties, was executed by all the fendant pleaded that the note was the joint parties thereto except the plaintiffs. The and several note of himself and G.; that indenture, after reciting the will and death plaintiff, by deed poll without defendant's of testatrix, and the payment of half the consent, released G. from the note and all residue to the defendant, recited .that the actions, &c.; and thereby also released degrandsons had requested the plaintiffs to in- fendant from the same. Replication, Non vest the remaining half of the residue upon est factum. Held, the security set forth in the schedule to the That, as the plea did not set out the deed deed, “until the same” would be divisible on oyer, the replication put in issue the exeunder the trusts of the said will ; which they" cution of such a deed as released the defendhad “agreed to do upon" the grandsons exe- ant. And that a deed of release, executed
by plaintiff and others, creditors of G., containing an express clause that the release to G. should not operate to discharge any one jointly liable with G. on securities to the said creditors, did not release the defendant; and that, therefore, plaintiff was entitled to the verdict on this issue. North v. Wakefield,
536 IV. Forgery. When the true payer cannot adopt a payment
obtained by a forgery changing the payee,
187. MONEY HAD AND RECEIVED, I. V. Pleading
1. Release: Non est factum, 536. Ante, III. 2. Description of bill in detinue, 548. AMEND
MENT, I. 2. 3. Collateral agreement: consideration, 886.
Ante, I. 1.
an East India director's nomination to a cadetship.
Although, by the practice of the Company, such nomination is given only in the form of & presentation of the party by the director to the Court of directors as a cadet, "provided he sball appear to" them “eligible ;" and the party must afterwards be examined by committee and passed. And although the nomination only gives the party, when examined and passed, a right to go out to India, which he does at his cwn expense, and obtains a commission on his landing; but before that time he receives no pay from the Company, and is not under their control. Regina v. Charretie,
BONA FIDES. Question for jury, 558. Action, I. 1.
Highway, V. 1.
BOROUGH. Municipal. MUNICIPAL CORPORATION.
Evidence, 292. INSURANCE, IV. 1.
Habitual drunkenness of, 292. INSURANCE, To highway rate, 399. Highway, II.
Inaccuracy in, 642. POOR, V. 1.
I. Liability to salvago, 167. INSURANCE, IV. 1. BUILDING ACT.
II. Lien on, an insurable interest, 167. INSUR
ANCE, IV. 1.
Memorandum delivered by him as part of his ceeding before him for that purpose. Regina
Case. The declaration alleged that defend. v. Combe,
ants were proprietors of a railway and of CADETSHIP.
carriages for the conveyance of passengers,
cattle, goods, &c., for reward; that plaintiff Sale of nomination.
delivered to them, and they received from Stat. 49 G. 3, c. 126, s. 3, which makes it him, a horse of plaintiff to be “safely and a misdemeanor to receive money for any securely” carried by them upon their carriages, “office, commission, place, or employment" and to be safely and securely delivered to specified in the act (including offices, &c., be- plaintiff, at a place montioned, for reward. longing to or under the appointment of the That thereupon it was their duty "safely and East India Company), applies to the sale of securely” to convey and deliver the horse as VOL. XIII.--76
NESS, I. 1.
lforesaid ; yet that defendants did not use
CERTAINTY. due care about its conveyance, but so negli. In description of chattel in detinue, 548. AyExD gently conducted themselves therein, that,
MENT, I. 2. by reason of the defective state of the carriage in which the horse was conveyed, it
CERTIFICATE. was killed. Plea, denying that the horse was
Of judicial officers. delivered and received “to be safely and securely" carried as alleged. Issue thereon.
Fair and liberal construction, 42, 71, WIT. It appeared at the trial that the plaintiff had pointed out a defect in one of the parti
CERTIORARI. tions of a horse-box shown to him for the reception of his horse ; that a servant of the I. Notwithstanding clause taken away: excess defendants then endeavoured to secure the of jurisdiction. partition, and assured the plaintiff that he Compensation jury exceeding their jurisdiehad done so; that the horse was carried in tion. that box; and that the horse's death was occa
Where a compensation jury, summoned sioned during the journey by the insecurity
under stat. 8 & 9 Vict. c. 18, awarded not of the partition. A receipt was given to
only the purchase-money to be paid for land plaintiff for the amount paid for conveyance required by a railway company, and compenof the horse, at the foot of which receipt was
sation for severance, but also an additions written: N. B. This ticket is issued subject
sum, as the expense to be incurred by the to the owner's undertaking all risks of con
land-owner in building a bridge as the means veyance whatsoever, as the Company will of communication between the severed pornot be responsible for any injury or damage tions of his land: Held, (however caused) occurring to horses or car
That, as to the last-mentioned item, there riages, while travelling, or in loading or un
was excess of jurisdiction, because it was for loading." Held:
the justices, under stat. 8 & 9 Vict. c. 20, ss. That the terms of the memorandum formed
68, 69, to enforce the making of a proper compart of the contract for the conveyance of the munication between the severed parts of the horse, and that they disproved the averment
land at the expense of the company: And in the declaration that the defendants re
that, in consequence of such partial excess of ceived the horse “to be safely and securely"
jurisdiction, a certiorari might issue to recarried.
move the whole proceedings, although cerQuære, whether, notwithstanding the terms
tiorari was taken away by stat. 8 & 9 Vict. c. of tho memorandum, the plaintiff might not
18, s. 146. Regina y. South Wales Railway have alleged that it was the duty of the de
988 fendants to provide a sufficient carriage, and have charged them with the damage arising II. When the proper remedy. from a breach of that duty. Shaw v. York
To question order of Poor Law Commission. and North Midland Railway Company, 347
ers, 405. Poor, III. II. Duty.
III. In what cases, 1. To rovide a sufficient carriage, 347. 1. To remove district accounts, 327. POOR, Ante, I.
X. 1. III. Pleading and evidence.
2. To bring up auditor's accounts and allow1. Averment of receipt to carry safely and ances, 873. Poor, X. 4. securely, 347. Ante, I.
3. To remove
cause commenced in the 2. Averment of duty and breach, 347. Ante, I. mayor's court, 802. FOREIGN ATTACH
MENT, I. 1.
IV. Special bail on.
When required, 802, 807. FOREIGN ATTACBFor action against justicos, 393. JUSTICE, X.
MENT, I. II. Particular instances.
V. Return. 1. For dilapidations, 572. DILAPIDATIONS, I.
In usual form when sufficient, though omit2. For refusing to take bail, 240. BAIL, V.
ting important allegations, 802. FOREIGS III. Pleading.
ATTACHMENT, I. 1. What may be taken to be a declaration in,
VI. Costs. 426. FISHERY, I. 1.
When disallowed, 327, 340. Poor, X, 1.
Of the Isle of Man, 613. HABEAS CORPUS, I
II. Commitment for contempt.
the defendant having to some extent availed 1. For contempt out of Court, 613. HABEAS himself of the contract. Elliot v. Von Glehn, . CORPUS, I.
632 2. Form of warrant, 613. HABEAS CORPUS, I.
2. Breach of warranty when no answer, 632. III. Execution.
Ante, 1. Attachment for non-payment of costs, 497. III. Pleading. ATTACHMENT, I. 1.
Departure, 632. Anto, II. 1.
CHARACTER. of servant, 796. Defamation, I.
CHOSE IN ACTION.
Sale of, 548. DEBT, III.
Under convention with foreign government, 1. Entered into by agent without authority, 380. CROWN, III.
remedy, 744. AGENT, I. II. Representation and warrantees.
COLOUR. 1. Distinction between.
In pleading, 462, 482. CONTRACT, VIII, 2. Assumpsit on charter-party, by which defendant hired a ship from plaintiffs to go to
COMMISSION. Cronstadt, and there take a full cargo of tallow or of tallow and deals, &c., and proceed
I. Judicial, thence to London: allowance for laying days
Determination of prior by subsequent comand demurrage : Averment that the ship went mission, 738. Sessions, I. to Cronstadt: Breaches, that defendant did II. To examine witnesses. not load a cargo as agreed, but shipped deals What evidence inadmissible, 292. INSURonly and no tallow: and that he detained the
ANCE, IV. 1. ship beyond the time stipulated : whereby plaintiffs earned less freight than they other
COMMISSIONER. wise would, and lost the use of the ship during the extra time of detention. Plea: That I. For the execution of public works. at the time of making the charter-party,
How constituted: commissioner or agent, 143. plaintiffs represented to defendant that the COMPENSATION, I. 1. ship was at Wyburgh in Russia, and defend-11. Tithe commissioners. Tithe. ant entered into the charter-party confiding in such representation, whereas, at the time, III. Poor law commissioners, 269. Poor, IV. 1. &c., the ship was not at Wyburgh. Replica- IV. Enclosure commissioners, 484. CORNtion; That, at the time of making the charterparty, and of the said representation, plain
COMMITTAL. tiffs also represented to defendant, and it was I. Nature. mentioned in the charter-party, that the ship
1. Distinction between committel for punishwas bound on a voyage from Wyburgh to
ment and committal till answer, 613. HaHull, and the plaintiffs did then believe that
BEAS CORPUS, I. she was at Wyburgh, and about to sail to
2. By way of punishment or in execution, Hull; and in fact she had just sailed on her
903. COUNTY COURT, III. voyage from Wyburgh to Hull. Rejoinder : That the representation mentioned in the II. For felony. plea was contained in the charter-party, and Effect of abortive trial, 716. JURY, IV. 1. was parcel thereof, and of the contract thereby made; and that the ship was not, at the III. On fraud summons, 903. County COURT,
III. time of the making of the charter-party, at Wyburgh. On special demurrer,
IV. For what offences. Held : That the mere representation, as Contempt out of court, 613. HABEAS CORalleged in the plea, was no answer to the declaration : and that the rejoinder, if it alleged V. For what time. U warranty, was a departure. Held by Erle, J., that if the rejoinder had
Until further order, 613. HABEAS CORPUS, I. not been a departure, the breach of warranty VI. Warrant of. would not have been an answer to the action, When not necessary, 497. ATTACHMENT, I. 1.