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On appointment of a proxy.

Stat. 7 & 8 Vict. c. 21, which, by sect. 6, enacts"that any letter or power of attorney or other instrument made for the purpose of appointing or nominating a proxy, and chargeable with duty under this act, shall authorize such proxy to vote upon any matter at one meeting," &c., "and no such letter," &c., "shall be further or otherwise available," and, by sect. 2 and the schedule, imposes a 28. 6d. stamp duty on such proxy, does not abrogate the right of appointing a general proxy, with a 308. stamp under stat. 55 G. 3, c. 184. Trinity House of Hull v. Beadle,

175

FIRST: Generally.

STATUTE.

I. Statutes binding the Crown though not named, 364. CROWN, II.

II. Distinction between "negative" statutes and affirmative statutes, 1, 33 n. ATTORNEY, II.

III. Incorporation of other enactments. Subsequent variations when comprised, 561. LUNATIC, II.

IV. Exceptions and exemptions.

1. Exemptions from operation of act, 399. HIGHWAY, II.

2. Distinction between an exception and a proviso in Charter v. Greame, 216, 226. V. Schedule.

Adapted to enactments, 237. CUSTOMS, 143. COMPENSATION, I. 1.

VI. Effect in annulling customs, 1. ATTORNEY, II.

VII. Repeal.

1. When limited to cases in which other provisions are substituted, 175. STAMP.

2. Provisions kept alive by repealing act, 964. POOR, XXII. 1.

3. What not repealed by general words, 964. POOR, XXII. 1.

VIII. Pleading.

1. Generality in stating obligation and breach, 911. HIGHWAY, V. 1.

2. Language of statute, when sufficient in pleading, 74. EAST INDIES, I. 1.

IX. Construction of statutes. CONSTRUCTION, I
X. Reasonable belief of a party that he is act-
ing under a statute, 558. ACTION, I. 1.
SECONDLY: Decisions on General Acts.
XI. 20 H. 3 (Merton).

C. 10. Appointment of attorneys, 1, 32.
ATTORNEY, II.

XII. 3 Ed. 1. (Westminster, the first).

C. 15. Bail in misdemeanor, 240. BAIL, V. XIII. 43 Eliz. c. 2. (Poor). POOR. XIV. 13 & 14 Car. 2, c. 12. (Poor). Sect. 21. Maintenance by townships, 354. POOR, VII. 1.

XV. 17 C. 2, c. 8. (Death of parties).

Sect. 1. Motion with leave reserved, 780. AGENT, II.

XVI. 29 Car. 2, c. 7. (Lord's Day).

Sects. 1, 2. Setting in the stocks, 389 CONVICTION, I. 393. JUSTICE, X.

XVII. 31 C. 2, c. 2. (Habeas Corpus), 613
HABEAS CORPUs, I.

XVIII. 2 W. & M. stat. 1, c. 5. (Distress).
Sect. 2. Time of sale, 753. DISTRESS, III

XIX. 5 G. 2, a 26. (Isle of Man), 613. XXXVI. 10 G. 4, c. 56. (Friendly Societies). HABEAS CORPus, L.

XX. 13 G. 3, c. 65. (East Indies).

Sect. 40. Mandamus to examine witnesses, 42. WITNESS, I. 1.

XXI. 13 G. 3, c. 78. (Highways).

Sect. 29. Gravel pits: slopes, 572. DILAPI-
DATIONS, I.

XXII. 14 G. 3, c. 78. (Metropolitan Buildings).
Sects. 76, 77. Rewards to keepers of fire
engines, 179. BUILDING ACT.

XXIII. 33 G. 3, c. 52. (East Indies).

Sect. 62. British officer receiving gifts, 74.
EAST INDIES, I. 1.

Sect. 28. Enforcement of order by distress:
previous summons, 869. DISTRESS, I.
XXXVII. 11 G. 4 & 1 W. 4, c. 36. (Courts of
Equity).

Sect. 15. Charging in contempt, 497.
TACHMENT, I. 1.

AT

XXXVIII. 11 G. 4 & 1 W. 4, c. 70. (Adminis
tration of justice).

Sect. 8. Error in Exchequer Chamber, 364.
CROWN, II.

XXXIX. 1 & 2 W. 4, c. 32. (Game).

Sects. 31, 47. Notice of action, 558. ACTION,
I. 1.

XXIV. 48 G. 3, c. 123. (Execution for small XL. 1 & 2 W. 4, c. 41. (Special constables). debts).

Sect. 1. Defendant's claims to costs of an action, 659. COSTS, II.

XXV. 49 G. 3, c. 126. (Sale of offices).

Sect. 3. Nomination to cadetship, 447.
CADETSHIP.

XXVI. 55 G. 3, c. 184. (Stamps).

Sched. Part I. Letter or power of attorney, 175. STAMP.

XXVII. 56 G. 3, c. 100. (Habeas Corpus),
613. HABEAS CORPUS, I.

XXVIII. 56 G. 3, c. 139. (Parish apprentices).
Sect. 1. Reference to order for binding, 190.
POOR, XXV. 1.

Sects. 1, 13. Appointment and remuneration of special constables, 592. CONSTABLE, I. XLI. 3 & 4 W. 4, c. 27. (Actions relating to real property).

Sects. 2, 34. Extinguishment by twenty

years' possession, 945, 954. ADVERSE POS

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XXIX. 59 G. 3, c. 31. (Claims on French XLIII. 3 & 4 W. 4, c. 67. (Uniformity of pro

government), 380.

XXX. 4 G. 4, c. 71.
Sect. 17. Supreme
WITNESS, I. 1.

CROWN, III.

(East Indies).

Court at Madras, 42.

XXXI. 7 G. 4, c. 64. (Criminal procedure).
1. Sect. 21. Omission of scienter aided after
verdict, 790. FALSE PRETENCES.
2. Sect. 21. Information in words of statute,
74. EAST INDIES, I. 1.

XXXII. 7 & 8 G. 4, c. 29. (Offences against
property).

Sect. 53. Indictment for obtaining money by false pretences, 790. FALSE PRETENCES. XXXIII. 7 & 8 G. 4, c. 30. (Injuries to property).

1. Sects. 19, 20, 21, 22, 24. Damage to fruit trees, 216. CONVICTION, V. 1.

2. Sect. 40. Sending conviction to sessions, 216. CONVICTION, V. 1.

XXXIV. 7 & 8 G. 4, c. 71. (Arrest on mesne process).

Sect. 3. Application to take deposit out of
court, 556. BAIL, IV.

XXXV. 9 G. 4, c. 43. (Sessional divisions).
How formed, 248. BASTARDY, I.

cess).

Sect. 2. Return of fi. fa., 757. EXECUTION,
I. 1.

XLIV. 3 & 4 W. 4, c. 74. (Abolition of fines,
&c.)

Sects. 15, 22, 40, 42, 50, 52. Estate tail how barred, 808. COPYHOLD, I.

XLV. 3 & 4 W. 4, c. 106. (Law of inheritance).
Sects. 6, 11. Father inheriting from son,
100, 115. ESTATE, I.

XLVI. 4 & 5 W. 4, c. 76. (Poor). POOR.
XLVII. 5 & 6 W. 4, c. 50. (Highways).

1. Sects. 27, 113. Liability to highway rate,
399. HIGHWAY, II.

2. Sect. 33. Exemptions from rate, 654.
HIGHWAY, I.

3. Sect. 54. Gravel pits: slopes, 572.
LAPIDATIONS, I.

DI

XLVIII. 5 & 6 W. 4, c. 76. (Municipal corporations).

1. Sect. 7. Boundaries, 833. JUSTICE, I. 1. 2. Sect. 83. Special constables, 592. CONSTABLE, I.

3. Sects. 114, 117. Contribution to county rate, 592. CONSTABLE, I.

XLIX. 6 & 7 W. 4, c. 12. (Divisions of coun- LX. 8 & 9 Vict. c. 10. (Bastardy).
ties).

Petty sessional divisions how formed, 248.
BASTARDY, I.

L. 6 & 6 W. 4, c. 71. (Tithe commutation).
1. Sect. 46. Feigned issue, 845. AMEND-
MENT, I. 1.

2. Sects. 45, 50. Pendency of suit for tithe,
761. TITHE, I. 1.

3. Sect. 46. Time of appeal, 509. TITHE, II.

LI. 6 & 7 W. 4, c. 96. (Poor).

Sect. 10. Petty sessional division, 248. BAS-
TARDY, I.

LXI. 8 & 9 Vict. c. 16. (Companies clauses).
Sects. 16, 22. Calls: transfer of shares, 998
COMPANY, I. 1.

LXII. 8 & 9 Vict. c. 18. (Lands clauses).

Sect. 145. Certiorari, 988. CERTIORARI, I. LXIII. 8 & 9 Vict. c. 20. (Railways clauses) Sects. 68, 69. Communications between severed parts, 988. CERTIORARI, I.

Sect. 2. Signature of rate and declaration, LXIV. 8 & 9 Viet. c. 86. (Customs). 687. POOR, XVII.

Sect. 7. Omission to report, 237. CUSTOMS.

LII. 7 W. 4 & 1 Vict. c. 78. (Municipal corpo- LXV. 8 & 9 Viet. c. 87. (Smuggling).
rations).

Sect. 31. What an offence, 833. JUSTICE,
I. 1.

LIII. 1 & 2 Vict. c. 110. (Debtors).

1. Sect. 1. Arrest on mesne process, 802. FOREIGN ATTACHMENT, I. 1.

2. Sect. 4. BAIL, IV.

Sects. 82, 83, 107. Information exhibited before a single justice, 237. CUSTOMS.

LXVI. 8 & 9 Vict. c. 112. (Satisfied terms). Sect. 2. Determination of terms attending the inheritance, 774. TERM.

Deposit in lieu of bail, 556. LXVII. 8 & 9 Vict. c. 126. (Pauper lunatics). 1. Sect. 57. From what parish sent, 873, POOR, X. 4.

3. Sect. 98. Re-examination, 666. DEBTOR, I.

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Sect. 2. Custody under attachment, 497.
ATTACHMENT, I. 1.

LV. 6 & 7 Vict. c. 73. (Attorneys).

2. Sect. 62. Obligations on appeal: notice, 561. LUNATIC, II.

LXVIII. 9 & 10 Vict. c. 66. (Poor).

Sect. 1. Five years residence, 318, 642. Poor,
V. 1. XXVIII.

1. Sect. 27. What is an inferior court, 1. LXIX. 9 & 10 Vict. c. 95. (County Courts). ATTORNEY, II.

2. Sect. 27. Obligation of court to provide roll, 1. ATTORNEY, II.

3. Sect. 37. Bill, 308, 515. ATTORNEY, IV. VI.

LVI. 6 & 7 Vict. c. 85. (Evidence).

1. Sect. 5. Abolition of scheduled courts, 851. COUNTY COURT, I.

2. Sects. 2, 3, 9, 12. Same judge for several districts, 858. COUNTY COURT, II.

3. Sect. 99. Commitment on fraud summons. 903. COUNTY COURT, III.

1. Sect. 1. Interest of witness, legatee, 126. LXX. 10 & 11 Viet. c. 102. (Debtors), 666. WITNESS, IV. 1.

DEBTORS, I.

2. Sect. 1. Interest of witness, creditor, 128. LXXI. 11 & 12 Vict. c. 31. (Poor).

BANKRUPT, II.

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Sect. 9. Time of giving notice of appeal, 561.
LUNATIC, II.

Sect. 6. Appointment of special proxy, 175. LXXII. 11 & 12 Vict. c. 43. (Justices out of

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Sects. 66, 68. Execution against shareholder, THIRDLY: Decisions on acts local and personal,

960. COMPANY, IV. 1.

public.

LXXV. Arranged in order of time.

STAY OF PROCEEDINGS.

1. 12 G. 1, c. 38. (Dun Navigation), 911, 933. Under winding-up act. See COMPANY, VI. HIGHWAY, IV. V.

2. 13 G. 2, c. 11. (Dun navigation), 911. HIGHWAY, V. 1.

3. 22 G. 3, c. 56. (St. Luke, Middlesex), 964. POOR, XXII. 1.

4. 30 G. 3, c. 22. (Colneis poor), 269. POOR, IV. 1.

STOCKS.

Setting in the stocks.

As a punishment substituted for pecuniary penalty, 389. CONVICTION, I.

SUBSCRIBER.

5. 35 G. 3, c. 107. (Epworth enclosure), 484. Personal liability of, 960. COMPANY, IV. 1. CORNRENT, 1.

6. 41 G. 3, c. cxxvi. (Bath paving and lighting), 833. JUSTICE, I. 1.

7. 48 G. 3, c. xcvii. (St. Luke, Middlesex), 964. POOR, XXII. 1.

8. 53 G. 3, c. xii. (St. Leonard's, Shoreditch), 964. POOR, XXII. 1.

9. 55 G. 3, c. lxv. (Sheffield Canal), 911. HIGHWAY, V. 1.

10. 59 G. 3, c. xxxix. (St. Pancras). Sect. 69. Notice of meeting, and purposes, 687. POOR, XVII.

11. 7 G. 4, c. xxi. (St. George, Hanover Square. Government of the poor), 642. POOR, V. 1.

12. 7 W. 4 & 1 Vict. c. lxxxvi. (Bristol poor), 405. POOR, III.

SUCCESSOR.

When bound by notice to predecessor, 509.
TITHE, II.

SUMMONS.

I. When necessary, 869. DIStress, I.

II. Fraud summons, 903. COUNTY COURT, III.

LORD'S DAY.

SUNDAY.

SURRENDER.

Page 808. COPYHOLD, L.

TENANCY.

13. 6 & 7 Vict. e. lxxvi. (Bardney drainage), LANDLORD AND TENANT. 143. COMPENSATION, I. 1.

LXXVI. Building acts.

Metropolitan, 179. BUILDING ACT.

LXXVII. Drainage acts.

Bardney, Southrow, &c., 145.
TION, I. 1.

LXXVIII. Navigation acts.

TENANT IN COMMON.

I. Devise to two as tenants in common with remainder to their children in fee, 100. EsTATE, I.

COMPENSA- II. Joint demise, 977. EJECTMENT, II.

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TENURE.

Liability ratione tenure, 911. HIGHWAY, V. 1.

TERM.

Determination by stat. 8 & 9 Vict. c. 112.
Term when not so attendant on the inherit-
ance as to be put an end to mistake.

H., seised in fee of land, mortgaged for 1000 years to D. Afterwards H. mortgaged in fee to J., subject to the term. Afterwards H. mortgaged in fee to M., and assigned the equity of redemption to C. Afterwards M. assigned his mortgage in fee, and D. assigned the term, both to trustees, the term to be reconveyed as C. should direct. Afterwards, and after 31st December, 1845, C. paid off the sums secured on the term. The mortgage to J. was not known to any of the parties except J. and the mortgagor H.

On ejectment by the trustees for C. against J., Held:

That the plaintiff must recover, for that the term was still in existence, and not put an end to by stat. 8 & 9 Vict. c. 112, s. 2, inas. much as it was not made attendant on the

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I. Commutation: pendency of tithe suit. 1. Prohibition until decision.

On inquiry with a view to commutation of tithes under stat. 6 & 7 W. 4, c. 71, the assistant Commissioner proposed to make his award, giving a rent-charge to the vicar of 707. in lieu of tithes of turnips, &c.

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ciding upon an amount above 201.), may, within three months after notice to him of the decision, bring an action, by feigned issue, to dispute the decision.

A Commissioner decided in favour of a parochial modus. Notice was given to the rector of the parish, who died one month after, without bringing an action. The successor was not presented for more than nineteen calendar months afterwards; and, within eight weeks after his induction, he issued a writ for the purpose of disputing the decision.

Held, that he was too late; and the Court, on motion, set aside the writ and all subsequent proceedings. Homfray v. Scroope, 509 III. Commutation: feigned issue.

Not amendable by judge at Nisi Prius, 845.
AMENDMENT, IL. 1.

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TOLLS.

The vicar had filed a bill in equity against certain of the land-owners for an account and For repair of highway, 911. HIGHWAY, V. 1.

payment of tithes of turnips, &c., which he claimed as due to him: and the land-owners

TORT.

had put in an answer, alleging that the tithe Waiver of, 187. MONEY HAD and received, L in question had been vested in the rector, but was now barred by stat. 2 & 3 W. 4, c. 100. The suit was depending before the Lord Chancellor on appeal.

TOWNSHIP,

What not a township maintaining its own poor, 354. POOR, VII. 1.

TRANSFER.

This Court, referring to stat. 6 & 7 W. 4, c. 71, ss. 45, 50, granted a prohibition at the instance of the land-owners, to prevent the assistant Commissioner from making his Of shares, 998. COMPANY, I. 1. award until the decision of the suit depending in Chancery; whether that decision were to be given by the Court of Chancery, or by Page 462. CONTRACT, VIII. 2.

the Commissioners or assistant Commissioner. Semble, per Lord DENMAN, C. J., and PATTESON, J., that the assistant Commissioner had power to determine the suit, as a preliminary to the making of his award. Re Crosby Tithes, 761

2. Who has authority to decide, 761. Ante, I.

II. Action to dispute Commissioners' decision:
limitation of time.

Death of rector during the three months.
By the Tithe Commutation Act, 6 & 7 W.
4, c. 71, s. 46, any person claiming an interest
in lands or tithes, who shall be dissatisfied
with any decision of the Commissioners (de-

Damage to.

TRAVERSE.

TREES.

Summary conviction: form, 216. CONVICTION,
V. 1.

TRESPASS.

I. When it lies: against justices.

What an act in excess of jurisdiction, and
what not, 393. JUSTICE, X.

II. By and against whom maintainable.
1. Against a plaintiff taking part in arrest of
a person mistaken for defendant, 903
COUNTY COURT, III.

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