AN INDEX TO THE PRINCIPAL MATTERS. ACCORD AND SATISFACTION With one of several Plaintiffs. ACTION ON THE CASE For continuing Nuisance. VOL. VII. right to enter upon the land to remove See ARREST, (2). A rule obtained on an affidavit the (2.) Under 1 & 2 Vict. c. 110, s. 3. Where an order is obtained for a was no proof of any other note between was not inconsistent. Beckett v. Dutton, ARBITRATION. 157 (1). Arbitrator's Authority. A cause was referred at Nisi Prius, and a verdict entered for the plaintiff by consent, for the damages in the declaration, which exceeded the amount claimed in the particulars of demand. The arbitrator awarded that the verdict, should stand at the amount for which it was entered:-Semble, that the particulars of demand were not necessarily before the arbitrator, and that if the defendant intended to limit the plaintiff's demand to the amount claimed by the particulars, he ought to have brought the particulars before the arbitrator. Kenrick v. Phillips, 415 (2). Enlargement of Time for Award. Williams v. 134 (4). Attachment for Non-payment of Money awarded. Demands, when sufficient. Where an arbitrator, to whom a cause was referred, awarded that the action should cease, and that a sum of money should be paid by the plaintiff to the defendant; and the defendant's costs having been taxed, both sums were demanded of the plaintiff:-Held, that, inasmuch as the arbitrator had exceeded his authority in directing payment of the sum of money to the defendant, an affidavit which stated that the defendant demanded of the plaintiff the said sum of money, and also the amount of the costs, but that the plaintiff did not pay the same, or any part thereof, was not sufficient to ground an attachment. Poyner v. Hatton, ARREST. by whom to be made. 211 The Court has power, under the (1). Order under 1 & 2 Vict. c. 110, stat. 3 & 4 Will. 4, c. 42, s. 39, to enlarge the time for an arbitrator to make his award, where the arbitrator, having power to do so, has allowed the time limited by the submission for making the award to elapse without doing so. Parbery v. Newnham, 378 (3). Award. In debt for use and occupation, goods sold, &c. to which the defendant pleaded nunquam indebitatus and a set-off, the verdict was entered at Nisi Prius for the plaintiff, subject to a reference of the cause to an arbitrator, who was to certify whether the verdict should stand, and for what amount, or whether it should be vacated, and a verdict entered for the defendant. The arbitrator certified that the verdict should be vacated, and a verdict entered for the defendant on both issues :-Held, that he had a right to do so, and that the certificate 1 & 2 Vict. c. 110, s. 3, for a capias to An application for an order under issue against a defendant, cannot be made to the Court at Westminster, but it may be made to a single Judge sitting there. Bentley v. Berrey, 146 (2). Capias under 1 & 2 Vict. c. 110, s. 3. Into County Palatine. stat. 1 & 2 Vict. c. 110, s. 3, into a A capias may be issued under the county palatine, to be executed in that county, although it be indorsed for a less sum than £50. Brown v. M'Millan, ATTORNEY. 196 (1). Delivery of Bill. It is not necessary that an attorney plaintiff should deliver a signed bill of costs a month before action brought, where the defendant has been admitted an attorney after the bill became due, BILLS AND NOTES. but before the commencement of the action. Windsor v. Herbert, 375 (2). Costs of Taxation of Bill. After the death of the plaintiff in an action, bis executrix obtained an order for referring the bill of the plaintiff's attorney to taxation. Less than a sixth having been taxed off:-Held, that the executrix was liable to the costs of the taxation. Jefferson v. Warrington, 137 BANKRUPTCY. (1). Operation of 2 & 3 Vict. c. 29. 1. Where a trader commits an act of bankruptcy by procuring his goods to be taken into execution with intent to defeat or delay creditors, the execution, although levied bonâ fide by the judgment creditor, is not protected by the stat. 2 & 3 Vict. c. 29. Hall v. Wallace, 353 2. The statute 2 & 3 Vict. c. 29, s. 2, does not apply to a case where the assignees in bankruptcy were appointed before its passing. Moore v. Phillipps, 536 (2). Order and Disposition. Assignees of a bankrupt cannot recover in trover a policy of insurance on life, effected by the bankrupt, and deposited by him, before his bankruptcy, with the defendants, as a security for money then and previously advanced by them to him. An instrument so deposited is not in the order and disposition of the bankrupt, with the consent of the true owner, within the meaning of the stat. 6 Geo. 4, c. 16, s. 72. Gibson v. Overbury, 555 BILLS AND NOTES. (2). Indorsement by Acceptor after Satisfaction of Bill, Effect of. The drawer of a bill of exchange, before it became due, agreed with the acceptor, that on his giving a certain mortgage security for the amount, he, the drawer, should deliver up to him the bill of exchange as discharged and fully satisfied. The acceptor accordingly executed the mortgage, and received back the bill, uncancelled:Held, that the drawer was liable on the bill to a party to whom the acceptor afterwards indorsed it for value, before it became due. A plea, in such action, that the bill was paid by the acceptor before it became due, and afterwards re-issued by him without any new stamp, can be supported only by proof of actual payment in cash, and not by evidence of any arrangement between the drawer and acceptor, whereby the bill was treated as being satisfied. Morley v. Culverwell, 174 (3). Notice of Dishonour. 1. A bill of exchange having been drawn upon A. B., was accepted by him, and was afterwards indorsed by the drawer to the plaintiffs, who indorsed it to the Birmingham and Midland Counties' Bank, who indorsed it to one W. The bill having been dishonoured when due, W. gave notice of it to the bank, who gave notice See PLEADING, II. (3); III. (1), to the plaintiffs, one of whom wrote (2), (4). (1). Promissory Note, what is. An instrument was in the following terms-"I undertake to pay to R. I. the following letter to the drawer:"Dear Sir,-To my surprise, I have received an intimation from the Birmingham and Midland Counties' Bank, that your draft on A. B. is dishonourX X 2 1. Pleadings. In assumpsit by the indorsee against the acceptor of a bill of exchange, the declaration, after stating that the bill was not paid, although duly presented on the day when it became due, alleged that the defendant afterwards, to wit, on the day and year last aforesaid, promised the plaintiff to pay him the said bill according to the tenor and effect of his said acceptance :-Held, sufficient on special demurrer, as amounting, after the bill became due, to a promise to pay on request. Christie v. Peart, 491 2. Debt, when maintainable. Debt is maintainable on a bill of exchange by indorsee against his immediate indorser. Watkins v. Wake, 488 BOND. See GUARANTEE. STAMP. BREACH OF PROMISE MARRIAGE. See PLEADING, II. (6). COMPOSITION DEED. CANAL ACT. Where a canal act enacted, in one clause, that after any land should have been set out and ascertained for making the canal, &c., it should be lawful for all persons seised or possessed of or interested in such lands, to contract for, sell, and convey them to the canal company, and that all such contracts, sales, and assurances should be valid and effectual in law, and all such contracts, &c. should be made at the expense of the company, and enrolled with the clerk of the peace, and copies thereof, signed by the clerk of the peace, CHARTERPARTY. CLUB. See PRINCIPAL AND AGENT. COMPOSITION DEED. Effect of Release in. The By the release of a debt by a composition deed, the creditor loses also the right to retain a written instrument deposited with him by the debtor as a OF security for the debt. Therefore, the relinquishment of such security, for the benefit of the debtor, forms no con sideration for a parol promise by the discontinued:-Held, that the defendant was not entitled to the costs of the trial. The Earl of Macclesfield v. Bradley, debtor to pay the residue of the debt, beyond the amount of the composition received under the deed. Cowper v. 633 Green, CONSTABLE. See COSTS, (3). COSTS. See PAUPER. (1). Operation of 3 & 4 Vict. c. 24, s. 2. 1. An action on the case for the infringement of a patent, is within the operation of the 3 & 4 Vict. c. 24, s. 2; and notwithstanding the provisions of the stat. 5 & 6 Will. 4, c. 83, s. 3, the plaintiff, recovering only nominal damages, cannot have his full costs, or treble costs, without a certificate under the former act. And the Court held, that, after the taxation, the Judge had no power to grant such certificate. Gillett v. Green, 347 2. On the 27th of June, 1840, a plaintiff in trespass obtained a verdict with 1s. damages, leave being reserved to the defendant to move to enter a nonsuit. The Judge, on being applied to certify under 43 Eliz. c. 6, s. 2, to deprive the plaintiff of costs, declined doing so until the motion for a nonsuit should have been disposed of. On the 3rd of July following, the statute 3 & 4 Vict. c. 24, came into operation. No 570 (3). Double Costs to Constable. Where a constable, appointed under the Municipal Corporation Act, 5 & 6 Will. 4, c. 76, s. 76, is sued for an act done in the exercise of his general duty as a constable, and the plaintiff discontinues, the defendant is entitled to double costs under the 21 Jac. 1, c. 12, s. 5, and not merely to costs as between attorney and client, under the 5 & 6 Will. 4, c. 76, s. 133. Maberly v. Titterton, 540 (4). When taxable on reduced Scale. Where a plaintiff claims more than £20, but obtains a verdict for a sum under £20, by reason of a tender of the remainder of the amount claimed before action brought, his costs must be taxed on the reduced scale applicable to the recovery of a sum under £20. Dixon v. Walker, 214 COURT OF EXCHEQUER, The Attorney-General, in the Queen's business, has pre-audience in the Court Tubman. Regina v. The Bishop of of Exchequer over the Postman and Exeter, COVENANT. 188 motion for a nonsuit having been made, For Repair by Underlessee, Liability the Judge, on the 9th of November, granted the certificate:- Held, that the certificate was null and void. Morgan v. Thorne, 400 (2). On Discontinuance after new Trial granted. Where the defendant had a verdict on one of two issues in a cause, and the plaintiff on the other issue, and the defendant obtained a rule for a new trial on the latter issue, on the ground of misdirection, whereupon the plaintiff on. A. leased premises to B., from the 25th of March, 1823, for sixteen years wanting ten days, and B. covenanted with A. to keep the premises in repair, and to paint once in every five years of the term, and to leave the premises in repair. B. underleased the premises to C., from the 24th of June, 1834, for four years and three quarters wanting eleven days, and C. covenanted with B. to keep the premises in repair |