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ABANDONMENT. only be destroyed by a release
under seal, or by the receipt of
something in satisfaction of the
wrong done; therefore, in the
case of an excessive distress
for rent, a tenant does not waive
his right of action though he
afterwards enters into a written
agreement with his landlord
Page 114 concerning the sale of the
Backhouse, 5 G. 4. Page 539
abatement to an indictment for See BARON AND Feme.
See Evidence, 3.- Post-
OF ATTORNEY.–Process, 2.
AFFIDAVIT TO HOLD TO
See EVIDENCE, 4.
davit to hold to bail, described ANCIENT LIGHTS. himself as of Dorset Place, 1. Twenty years' uninterrupted Clapham Road, Middlesex, and
enjoyment of windows looking his true residence was Dorset
upon the land of another, is Place, Clapham Road, Surrey, sufficient ground for presuming the Court ordered the bail
a grant or license to open the bond to be cancelled, and a
windows, in the absence of evicommon appearance entered. dence to the contrary. Cross Collins v. Goodger, 4 & 5 G. 4. v. Lewis, 5 G. 4.
234 44 2. Where A. had enjoyed lights 2. An affidavit of debt, stating that
made in a building not erected A. was indebted to B. for goods
at the extremity of his land, sold and delivered in Holland, looking upon the premises of and that the debt was assigned B., without interruption for at to C. according to the laws of
least 38 years, and there was Holland; concluding with a no evidence of the time when statement that the assignee of the lights were first put out, a debt may sue the debtor ac- and C., the purchaser of B.'s cording to the laws of Holland,
premises, erected in their stead “ as deponent is informed and
a building which obstructed believes;" is sufficient to hold
A.'s lights : -Held, that an acthe defendant to bail in this
tion was maintainable for the country. Scuerhop v. Schma
obstruction, though there was nuel, 5 G. 4.
no proof of knowledge in B.
or his agents, of the existence ALE-HOUSE.
of the windows. Id. 234 See MANDAMUS.
See BARON AND FEME.
an annuity granted 18 years treaty of 1783, by which those
since, on the ground that the states were acknowledged by
Christian names of the subthis country to be free, sovereign, and independent, is an
scribing witnesses to the waralien, and cannot take lands by
rant of attorney were not set descent in England. Doe v.
out at length in the memorial Acklam, 5 G.4.
thereof, in pursuance of the 394
17 G. S. c. 26. Const v. Phil- . ALIMONY. lips, 5 G. 4.
344 2. By the trusts of a marriage setSee BARON AND FEME.
tlement, a father agreed to settle AMENDS.
10,0001. upon his daughter in ing agreed with the executors a waiver of due notice of apto accept 5000l. and an an- peal, not having been signified nuity of 1251. for life, in lieu of
trust, to pay the interest to the See Justice, 1.
husband during his life. The
father died without ever having AMERICA.
paid the principal money to the See ALIENAGE.
trustees; and the husband bar
by the respondents or their atthe 10,0001.:-Held, that such
torney in open Court,” as annuity did not require enroll- required by s. 5. of the same ment by 53 Geo. 3. c. 141. statute. Rer v. Sheard, 4G. 4. Blake v. Attersoll, 5 G.4. 549
APPEARANCE. See SETTLEMENT BY ORDER
See AFFIDAVIT TO HOLD TO UNAPPEALED FROM.
Ball, 1.-ATTORNBY, 3. 1. Where an appeal against a APPOINTMENT. poor rate was entered at the
See SHIP. Midsummer Sessions, and respited until the Michuelmas ARBITRATOR. Sessions, and then further re- See AWARD, 1, 2, 3.—Costs, 2. spited, at the instance of the appellant, till the Epiphany
ARREST. Sessions, four days previously See ATTORNEY,1.-Sheriff, 2. to which, the respondents gave -AFFIDAVIT TO HOLD TO notice that they would not op- Ball., 2.-Costs, 5.-Malipose the appeal, and the appeal
HOLDING was accordingly allowed with
TO BAIL, 1.- INSOLVENT out opposition: -Held, that the
Debtor, 1,2,3.-EVIDENCE, appellant was entitled to costs,
5.–BANKRUPT, 3. as upon an appeal which had been “ heard and determined” Where 4. arrested B. for 251. within the meaning of 17 G. 2.
knowing that upon the balance c. 38. s. 4. Rex v. Cawston,
of their mutual dealings there
was but 51. due to him-Held, 5 G. 4.
445 2. A notice of appeal against
that the arrest was malicious,
and without any probable cause. overseer's accounts, stating that the appellant “ will object to
Austin v. Debnam, 5 G. 4.
653 the following items, or charge of payments, in the said ac- ASSAULT AND BATTERY. counts, that is to say," and then setting out the items objected See False Imprisonment. to, without specifying the parti. ASSESSMENT. cular causes or grounds of ap
See Poor's RATE, 1. peal pursuant to 41 G. 3. c. 23. 8. 4. is insufficient,
ASSETS. Sheard, 5 G. 4.
See AWARD, 1. 8. Where the attornies on both sides signed an admission, the
ASSIGNEES. day before the sessions, respecting items in the overseer's ac- See_AFFIDAVIT TO counts, objected to by the ap
BAIL, 2.-EVIDENCE, 2. pellant:- Held, that it was not An assignee of a bankrupt is not
liable under the 5 G. 2. c. 30.19. An attorney is liable to an at$. 25. to repay the messenger
tachment for not entering an under the commission, the costs
appearance for a defendant in incurred by him previous to the
pursuance of his undertaking. appointment of the assignee. Mould v. Roberts, 5 G. 4. 719 Burwood v. Felton, 5 G.4. 621. 4. The Court has authority to
refer an attorney's bill for tasaASSIGNMENT.
tion independently of the staSee PARTNERS.-AFFIDAVIT TO tutes 2 G.2. c. 23. and 30 G...
HOLD TO Bail, 2.—Cove c. 19. Wilson v. Gutteridge, NANT, 2._SETTLEMENT BY 5 G. 4.
736 Estate, 1.–COPYRIGHT. 5. An attorney's bill referred to
the master where one of the ASSUMPSIT.
items was for drawing a warSee EVIDENCE, 1.-EXTORTION.
rant of attorney which had never been executed.
ib. PLEADING, 1.-BAIL.
6. Motion to strike an attories ATTACHMENT. off the roll for siguing a fictiSee SHERIFF, 1, 2, 3.-BAIL, 3.
tious name to a demurrer, as and ATTORNEY, S.
for the signature of a barrister.
Smith v. Matham, 5 G. 4. 753
7. Where an attorney intending to ATTORNEY.
apply to be re-admitted on the See Libel, 1.-HOLDING TO roll affixed his notice outside
Bail, 1.- Costs, 6.-IN the Court, on the morning besouvent Debtor, 4. fore the sitting of the Court on
EVIDENCE, 5.-APPEAL, S. the first day of the term of 1. An attorney of K. B. may sue
which notice was intended to an attorney of C. B. by attach be given :-Held, that it was a ment, but he may not arrest and
sufficient compliance with tbe hold him to bail. If he does, rule, T. 33 G. 3. Ex-parte the Court will set aside the pro
Davey, gent. 5 G. 4. 616 ceedings with costs, for irregu
AUCTION. larity. Pearson, gent. v. Henson, gent. 4 & 5 G. 4. 73
See FRAUDS, STATUTE OF. 2. An attorney has a lien upon AUTHORITY.
deeds, papers and writings belonging to a bankrupt, not
See Case, 1. merely for his bill for business
AVERAGE. done before the bankruptcy, but for the costs of an action
See INSURANCE. brought against him after the 1. An action will not lie in this commission issued, to recover country to recover back money the amount of his bill, unless it paid upon an average loss adappears that, as an attorney, he justed at St. Petersburgh achad improperly commenced the cording to the laws of Russia
, action for the purpose of in
(the consignor and consignee of creasing costs. Lambert v.
the goods, and the owner of the Buckmaster, 4 & 5 G. 4. 125 vessel being British subjects,)
although by the law of England respectively requiring the same, an average loss would not be on or before a particular day, payable under the circum- with power to enlarge the time stances. Simonds v. White, for making the award, and the 5 G. 4.
375 plaintiff having died before
award made, and the arbitrator AWARD.
having enlarged the time after See Costs.-COMMON, Right
the death of plaintiff:–Held,
that an award made afterwards OF.-MANOR, 2.-Venue.
was valid and binding upon the 1. Where, by judge's order, a defendant Tyler v.Jones, 5G.4. cause and all inatters in differ
740 euce between the testator of an
BAIL. executor and the defendant were referred to arbitration, and the See ATTORNEY, 1.-Evidence, arbitrator awarded that a sum
4.–CERTIORARI, 1.- SHEcertain was due to the defend- RIFF, 1, 3.-GUARANTY. ant upon the balance of ac-1. Giving notice of exception to counts, and directed the exe- bail, without actually entering cutor to pay the money out of the exception, is a nullity, and assets on a given day, without the irregularity is not waived determining whether in point of by the defendant acting upon fact the executor had assets to the notice. Thwaites v. Galpay the money on the day ap- lington, 5 G. 4.
965 pointed :-Held, that the award 2. Where an action was comwas not void for uncertainty. menced in June, 1892, and after Love v. Honeybourne, 5 G. 4. the defendant became bankrupt
the plaintiff proceeded and 2. Where, by the terms of an
signed interlocutory judgment, order of nisi prius referring and issued a ca.
sa. in Mimatters in dispute to the award chaelmas term, 1823, to which of an arbitrator, on the terms of non est inventus was returned, the defendant paying the costs whereupon the plaintiff proof the cause, and of the refer
ceeded by sci. fa. against the ence and award, and the plain. bail, and signed judgment theretiff, after having accepted the on on the 26th February, 1824: costs of the reference and award, the Court refused to set aside was dissatisfied with the award :
the proceedings against the bail Held, that he was precluded even upon payment of costs, from impeaching it. Kennard
though it was sworn that they v. Harris, 5 G. 4.
272 knew nothing of the proceedings S. Where, by the terms of an after declaration against the
order of reference at nisi prius principal, or against themselves, the arbitrator was to deliver his
until they received notice on award to the parties, or if either the 27th February that they of them should be dead before
were fixed. Swayne v. Bland, the making of the award, to 5 G.4.
973 their personal representatives, 3. A defendant admitted to hail