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II.

The register for Scotch decreets, to be kept by the said Master under Section 3 of the said Act, shall, as to Defender or Pursuer, be arranged in like manner, and contain the like particulars as provided by the preceding rule relating to the register for Irish judgments.

III.

When an Attorney, Law-Agent, or Creditor shall present for registration to the said Master a certificate of an Irish judgment or Scotch decreet, a copy thereof shall also be produced, certified by the Attorney, Law-Agent, or Creditor to be a true copy of the original Certificate, and the said Master shall thereupon stamp such certified copy with his office stamp.

IV.

Upon the production of such copy certificate of an Irish judgment or Scotch decreet, an original of which shall have been filed with the said Master, the proper Officer shall issue execution or other process as though such judgment or decreet had been duly obtained and entered up as an English judgment in the Court of Common Pleas, at Westminster, the form of the Writ of Execution being varied accordingly :

The Writ of Execution may be thus varied :—instead of "which the said lately in our Court of Queen's Bench at Westminster recovered, &c.," insert "which the said lately in our Court of [Queen's Bench at Dublin] recovered, &c., and which Judgment has been duly registered in our Court of Common Pleas at Westminster, pursuant to The Judgment Extension Act, 1868.'"

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V.

An affidavit of the Attorney applying for a certificate of a judgment in the English Courts, of his information and belief as to the title, trade or profession, and the last known or usual place of abode of the Plaintiff or Defendant, as the case may be, shall be sufficient to justify the Officer in inserting the particulars so sworn to in his certificate.

VI.

The fees to be taken for issuing execution or other process on an Irish judgment or Scotch decreet that shall have been registered under this Act, shall be the same as in the case of an English judgment.

VII.

The fees hereinafter mentioned shall be collected, not in money, but by means of stamps denoting the amount of such fees.

SCALE OF FEES.

For every Certificate of a Judgment issued out of the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, for Registration in Ireland or Scotland, including Affidavit

Fees to be charged by the Senior Master of the Court of Common
Pleas at Westminster as "Registrar of Judgments":-

£ s. d.

. 0 2 0

On filing for registration every Certificate issued out of the
Courts of Dublin, and Court of Session in Scotland,
although more than one name may have to be registered. 0 7 6
On filing every acknowledgment of satisfaction of an Irish

For

Judgment, or Scotch Decreet, for entry on the Register. 0 2 6 every Certificate of the entry of a satisfaction

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0 1 0

For every search made in the Registers of Irish and Scotch Judgments, in one or both Registers, for each name 01 0

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Given under our hands at Westminster, this fourteenth day of November, One thousand eight hundred and sixty eight.

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INDEX.

of making the rate was empty or unoccupied, every person so removing from and every person so coming into or occupying the same shall be liable to pay to such rate, in proportion to the time that such person occupied the same respectively. — A poor-rate for eleven months having been made on the appellant on the 25th of October, 1866, in respect of a house which he was then occupying, he went out of occupation on the 8th of November following; the house remained unoccupied till the 10th of May, 1867, when a new tenant entered:-Held, that the appellant was liable to pay the rate for the time the house remained unoccupied as well as for the fourteen days during which he occupied it. EDWARDS v. THE OVERSEERS OF RUSHOLME

554

462

ARBITRATION-Companies Act, 1862-Appoint-
ment of umpire-Judge's order
See COMPANIES ACT, 1862.
Finality of award-Jurisdiction
See JURISDICTION OF REFEREE.

214

ACCEPTOR OF BILL OF EXCHANGE-Liability APPORTIONMENT OF POOR-RATE- continued. of Acceptor after Judgment, Arrest, and Discharge in another Action on same Bill.] A bill of exchange, accepted by the defendant, was indorsed to C., who indorsed it in blank. A banking company, the holders of the bill at maturity, commenced actions against C. and the defendant. On the 21st of March, C. paid the amount due on the bill, and an order was made to stay proceedings in the action on payment of the taxed costs; these costs were paid on the 13th of April, and the bill was then handed by the bank to C., who, being indebted to the plaintiffs in a larger amount, delivered it to them. Judgment was signed in the action by the bank against the defendant on the 3rd of March, and a ca. sa. was lodged with the sheriff on the 6th of March. On the 29th of March the defendant was arrested, and discharged the same day by order of the bank on payment of the costs of suit. The plaintiffs having brought an action on the bill against the defendant:-Held, that C. had a vested right of action against the defendant on payment of the bill on the 21st of March, for the fact that C. had not paid the costs ARREST OF BANKRUPT Protection—“ Officer” on the 21st of March only gave the bank a lien-12 & 13 Vict. c. 106, s. 113.] By 12 & 13 Vict. upon the bill, but did not affect his right to any debt after his surrender and while protected by c. 106, s. 113, if any bankrupt shall be arrested for remedy on the bill; and neither the subsequent order of the Court, he shall, on producing such taking in execution nor the discharge of the defendant could afford him any defence to an action protection to the officer who shall arrest him, and by C., or take away C.'s vested right: and the giving such officer a copy thereof, be immediately plaintiffs therefore were entitled to recover. Woon- discharged; and if any officer shall detain any such bankrupt after he shall have shewn such bankrupt, for his own use, the sum of 51. for every protection to him, such officer shall forfeit to such day he shall detain such bankrupt:-Held, that the words "if any officer shall detain" refer to the "officer who shall arrest" the bankrupt; and a gaoler who detains a bankrupt, delivered into his custody, notwithstanding his protection, is not liable to the penalty. MYERS v. VEITCH ARREST ON MESNE PROCESS-Discharge of Bail by render to County Gaol-Form of Recognizance— 11 Geo 4 & 1 Wm. 4, c. 70, s. 21-1 & 2 Vict. c. 110, ss. 1, 3.] A capias under 1 & 2 Vict. c. 110, s. 3, is "mesne process" within 11 Geo. 4 & 1 Wm. 4, c. 70, s. 21; and where a defendant has been arrested and held to bail, the recognizance being to render to "the keeper of the Queen's Prison," the bail are discharged by a render to the gaol of the county in which the defendant was arrested. MAINWARING . MILNER

WARD V. PELL

55

ACT OF BANKRUPTCY-Bill of sale- Delaying

creditors

27

See DELAYING CREDITORS.
AGREEMENT: See CONTRACT.
APPEAL-Poor-rate-Second rate-Practice 323
See VALUATION LIST.

APPOINTMENT OF SPECIAL CONSTABLES-Pay-
ment-Order on treasurer-Practice 585

See SPECIAL CONSTABLES. APPOINTMENT OF UMPIRE 1862-Judge's order

Companies Act,

462

See COMPANIES ACT, 1862. APPORTIONMENT OF POOR-RATE-17 Geo. 2, c. 38, s. 12.] By s. 12 of 17 Geo. 2, c. 38, where any person shall come into or occupy any house, &c., out of which any other person assessed to any poor-rate shall be removed, or which at the time

649

149

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ASSIGNEE-Insolvent-Suing for benefit of cre-
ditors-Security for costs

See SECURITY FOR COSTS.
ASSIGNMENT-Compulsion of law-

See COVENANT NOT TO BUILD.
Copyright-Registration

See FINE ART COPYRIGHT.

590

-

180

-

715

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See ORDER OF DISCHARGE.
Order of release-Sheriff-Registrar -
See ORDER OF RELEASE.

BANKRUPTCY-Act of―Bill of sale

See DELAYING CREDITORS.
Bankruptcy Act, 1861

See BANKRUPTCY ACT, 1861.

-

285

143

27

49, 61, 271,

[630, 700

Fraudulent preference-Relation of title of
assignees

See FRAUDULENT PREFERENCE.

Proof of debt payable on contingency

See CONTINGENCY.

481

568

Proof of unliquidated damages-Bankruptcy
Act, 1861, s. 153

700

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ASSIGNMENT OF BOND-Chose in Action-Equit-
able Plea and Replication.] Declaration against a
railway company on a money bond. Plea, on
equitable grounds, that by deed between the plain-
tiff and defendants it was agreed that when certain
instalments which, under the terms of the deed,
were to be paid in shares of the defendants became
due, the defendants should, in addition thereto, pay
to the plaintiff such further sums in Lloyd's bonds
as should be equivalent to 75 per cent. of the
nominal value of such shares, and that the plain-
tiff should pay the Lloyd's bonds and interest
when they became due, and indemnify the defend-
ants against all loss, and that the bond in suit
was a Lloyd's bond delivered to the plaintiff in
pursuance of the agreement.-Replication, that the
plaintiff assigned the bond for a valuable con-
sideration to third persons, of which the defendants
had notice; that the third persons never had any
knowledge of the deed between the plaintiff and
defendants, and that the action is brought in the
plaintiff's name as trustee for the third persons,
who are the beneficial owners of the bond.
demurrer :-Held, that the agreement in the plea
must mean that the bond was to be delivered to
the plaintiff for the purpose of raising money on
it, and that the replication was a good answer to BANKRUPTCY ACT, 1868 (31 & 32 Vict. c. 104),
the plea, as it shewed that the object for which 8. 3-Creditors' Deed-Requisite Assents in Value
the defendants had given the bond had been carried-Secured Creditors.] The 31 & 32 Vict. c. 134,
out, and that the plaintiff was suing only as trustee.
DICKSON. THE SWANSEA, &C., RAILWAY CO. 44
"ASSIGNS"-Covenant not to build-Assignment
by compulsion of law

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BENEFICIAL OCCUPATION Poor-rate-Sewers,
Wharf, Engine-house, Pumping Station, Rateability
of] The Metropolitan Board of Works were em-
powered by 21 & 22 Vict. c. 104, and other statutes,
to make the necessary sewers and works for the im-
provement of the main drainage of the metropolis.
The sewers, except at the pumping stations, passed
under the public highways of the metropolis, or
under land on which the board had no property.
The pumping stations were erected upon land the
property of the board, but were used solely as part
of the main drainage scheme. The board were
also in occupation of a wharf, lay-by for barges,
tramways, engine houses, coal sheds, and dwelling
house, all of which were occupied for the purposes
BAIL-Discharge by render to county gaol 149 of the main drainage scheme. The board derived
See ARREST ON MESNE PROCESS.
no pecuniary advantage from the sewers and other
Pledge-Immoral consideration-drainage works, but the whole were maintained out
In pari delicto potior est conditio possi-
dentis"

Act, 1845

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