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1824.

REGULA GENERALIS (a).

Easter Term, 1824,

ORDERED BY THE COURT, that no rule for judgment as in case of a nonsuit be granted in the next term after issue joined, unless it appear on the affidavit on which the motion is founded, that the plaintiff had given notice of trial, and had neglected to proceed to trial pursuant to such notice.

GENERAL ORDER.

Trinity Term, 1824.

THE LORD CHIEF BARON directs, that the short causes in the General Paper are to be placed in the paper for the last cause day in each term; but no cause is to be placed in the paper as a short cause, in which any question arises, or any point is to be discussed.

(a) See Index, note to PRACTICE (Plea and Revenue Side), No. I.

709

ADDENDA.

THE decree nisi granted in Harris v. Finch and others (see p. 143), has since been made absolute.

IN consequence of the observations which occur at page 491, on the order made in Orme v. Crockford, reported p. 185, et seq., it is deemed proper to insert that order from the entry in the Minute Book, which is in the terms following: "Demurrer allowed, with 57. costs, and the bill dismissed."

AN

INDEX

TO THE

PRINCIPAL MATTERS.

ACCIDENT.

See PERPETUAL RENEWAL.

ACCOUNT.

See LEGACY & LEGATEE, 4, 5, 6.

ACQUIESCENCE.
See ELECTION, 1.

ADVANCEMENT.

See DOUBLE PORTIONS.

AGENT.

See AMBASSADOR.

AGISTMENT.
See TITHES, 5, 6.

AGREEMENT.

See SPECIFIC PERFORMANCE, 1, 2.
SECURITY FOR COSTS.

AGREEMENT, PAROL.
See LANDLORD AND TENANT.

AMBASSADOR.

An ambassador on retiring from of-
fice in this country, left a quanti-
ty of foreign wines and other cus-
tomable goods, which had been
imported in the usual manner
duty-free, as for his own use, by
licence from the treasury, with H.
his agent, for sale. H. employed
T. a sworn broker, for the purpose,
who sold them by public auction,
without any condition that the
purchaser should be answerable
for duties. The auction duties had
been remitted. T. had applied to,
and obtained permission from the
Board of Excise, to proceed with
the sale without previous payment
of the other excise duties to which
the goods were by law subject,
and shortly afterwards actually
paid those duties. The day suc-
ceeding the auction, T. made a
written application to the Com-
missioners of Customs for leave to
pay the British-ship (instead of
the foreign-ship) duties of cus-
toms upon the commodities, which
was granted; and subsequently
admitting his liability, requested

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indulgence, and time to make the payment, on different occasions, during a period of time exceeding a year and a half. Upon an information filed against T. to recover the amount of the customs' duties, calculated upon the catalogue of the goods according to which the excise duties had been paid, containing a count' upon the customs' act, 59 G. 3. c. 52. s. 6. for the duties payable upon importation, and a count for money had and received for the use of his Majesty held, that the wines, &c. having passed from the hands of the privileged person, became liable to the duties, notwithstanding the stat. 7th Anne, c. 12. s. 3; that the price for which they were sold was to be considered as having included both the original value prior to importation, and the sum payable thereon in respect of duties; that the defendant was to be taken as the agent of the ambassador quoad the former, and the agent of the Crown and the purchaser quoad the latter, and was therefore liable under the second count, although no evidence had been given at the trial, of the amount of the price actually received; and though the whole proceeds, except sufficient to cover the expences of the sale, had been handed over to H. immediately after it. The Attorney General v. Henry Thornton, M. 5 G. 4. Page 600

Whether the information was sustainable upon the first count; Ib.

Qu.

AMENDMENT.

See PRACTICE (EQUITY), 2, 13, 17, 23.

TITHES, 11.

BAIL.

DEMURRER.

ANNUITY.

See RENT CHARGE.

ANSWER.

See PRACTICE (EQUITY), 16.

APPOINTMENT.

See ELECTION, 2.

ARBITRATION AND ARBITRATOR.

See AWARD.

REVIEWING TAXATION (AT LAW).

ARREARS.

See RENT CHARGE.

ARREST.

A. arrests B. in breach of good faith on five promissory notes of 100%. each, but discharges him out of custody on terms, one of which is the payment of two of the notes. A. afterwards serves B. with serviceable process for the balance, but does not file a declaration; and eventually endorses the three remaining notes, which are overdue, to C., who takes them without inquiry. C. holds B. to bail. B. held entitled to be discharged out of custody as to the last action, on entering a common appearance; but not to a stay of proceedings until the two former actions were discontinued. M'Clure v. Pringle, H. 4 & 5. G. 4. Page 2

ARTIFICIAL GRASSES.

See TITHES, 1, 2, 4, 5.

ASSESSED TAXES.

See EXTENT, 2.

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