INDEX TO THE PRINCIPAL MATTERS. ABANDONMENT. See INSURANCE. ABATEMENT. See NEW TRIAL, 1. 1. An informal plea in abatement cannot be quashed on motion, though pleaded for delay; it must be demurred to. Rex v. Cooke, 4 & 5 G. 4. Page 114 2. The Court will not allow a defective plea in abatement to an indictment for a misdemeanour, when once pleaded, to be amended. Rex v. Cooke, 5 G. 4. 592 3. Plea of peerage, by way of abatement to an indictment for a misdemeanour :-Held, ill on demurrer, for not shewing in what manner defendant derived his title, and that he was a peer of the United Kingdom. Id. 592 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 concerning the sale of the effects seized. Willoughby v. Backhouse, 5 G. 4. Page 539 See ADMISSION. See ATTORNEY.-MANOR. ADULTERY. See BARON AND FEME. AFFIDAVIT. POST EVIDENCE, 3. PONING TRIAL.-WARRANT OF ATTORNEY.-PROCESS, 2. AFFIDAVIT TO HOLD TO See EVIDENCE, 4. A right of action once vested can 1. Where the deponent, in an affi VOL. IV. davit to hold to bail, described ANCIENT LIGHTS. Twenty years' uninterrupted enjoyment of windows looking upon the land of another, is sufficient ground for presuming a grant or license to open the windows, in the absence of evidence to the contrary. Cross v. Lewis, 5 G. 4. 44 2. Where A. had enjoyed lights 2. An affidavit of debt, stating that A. was indebted to B. for goods sold and delivered in Holland, and that the debt was assigned to C. according to the laws of Holland; concluding with al statement that the assignee of a debt may sue the debtor according to the laws of Holland, "as deponent is informed and believes;" is sufficient to hold the defendant to bail in this country. Scuerhop Scuerhop v. Schmanuel, 5 G. 4. ALE-HOUSE. See MANDAMUS. ALIENAGE. 180 A person born in the United States of America since the ALIMONY. AMENDS. AMERICA. 394 234 made in a building not erected at the extremity of his land, looking upon the premises of B., without interruption for at least 38 years, and there was no evidence of the time when the lights were first put out, and C., the purchaser of B.'s premises, erected in their stead a building which obstructed A.'s lights-Held, that an action was maintainable for the obstruction, though there was no proof of knowledge in B. or his agents, of the existence of the windows. Id. 234 ANNUITY. See BARON AND FEME. 1. The Court refused to set aside an annuity granted 18 years since, on the ground that the Christian names of the subscribing witnesses to the warrant of attorney were not set out at length in the memorial thereof, in pursuance of the 17 G. 3. c. 26. Const v. Phillips, 5 G. 4. 344 2. By the trusts of a marriage settlement, a father agreed to settle 10,000l. upon his daughter in trust, to pay the interest to the husband during his life. The father died without ever having paid the principal money to the trustees; and the husband hav ing agreed with the executors to accept 5000l. and an annuity of 1257. for life, in lieu of the 10,000/.:-Held, that such annuity did not require enrollment by 53 Geo. 3. c. 141. Blake v. Attersoll, 5 G. 4. 549 APPEAL. See SETTLEMENT BY ORDER 1. Where an appeal against a a waiver of due notice of appeal, not having been signified by the respondents or their attorney" in open Court," as required by s. 5. of the same statute. Rex v. Sheard, 4 G. 4. 480 APPEARANCE. See AFFIDAVIT TO HOLD TO 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. 445 -AFFIDAVIT TO HOLD TO Where 4. arrested B. for 251. to which, the respondents gave notice that they would not oppose the appeal, and the appeal was accordingly allowed without opposition:-Held, that the appellant was entitled to costs, as upon an appeal which had been "heard and determined" within the meaning of 17 G. 2. c. 38. s. 4. Rex v. Cawston, 5 G. 4. 2. A notice of appeal against overseer's accounts, stating that the appellant "will object to the following items, or charge of payments, in the said accounts, that is to say," and then setting out the items objected See to, without specifying the particular causes or grounds of appeal pursuant to 41 G. 3. c. 23. s. 4. is insufficient, Rex v. Sheard, 5 G. 4. 480 8. Where the attornies on both sides signed an admission, the 653 ASSAULT AND BATTERY. ASSESSMENT. ASSETS. See AWARD, 1. ASSIGNEES. day before the sessions, respect-See AFFIDAVIT TO HOLD TO ing items in the overseer's ac 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. 3. An attorney is liable to an at s. 25. to repay the messenger under the commission, the costs incurred by him previous to the appointment of the assignee. Burwood v. Felton, 5 G. 4. 621.4. ASSIGNMENT. See PARTNERS.-AFFIDAVIT TO ASSUMPSIT. See EVIDENCE, 1.-EXTORTION. ATTACHMENT. See SHERIFF, 1, 2, 3.-BAIL, 3. (་ ATTORNEY. 73 6. tachment for not entering an appearance for a defendant in pursuance of his undertaking. Mould v. Roberts, 5 G. 4. 719 The Court has authority to refer an attorney's bill for taxation independently of the statutes 2 G. 2. c. 23. and 30 G. 2. c. 19. Wilson v. Gutteridge, 5 G. 4. 736 5. An attorney's bill referred to the master where one of the items was for drawing a warrant of attorney which had never been executed. ib. Motion to strike an attorney off the roll for siguing a fictitious name to a demurrer, as and for the signature of a barrister. Smith v. Matham, 5 G. 4. 758 7. Where an attorney intending to apply to be re-admitted on the roll affixed his notice outside the Court, on the morning before the sitting of the Court on the first day of the term of which notice was intended to be given :-Held, that it was a sufficient compliance with the rule, T. 33 G. 3. Ex-parte Davey, gent. 5 G. 4. See LIBEL, 1.-HOLDING TO BAIL, 1.-COSTS, 6.-INSOLVENT DEBTOR, 4.EVIDENCE, 5.-APPEAL, 3. 1. An attorney of K. B. may sue an attorney of C. B. by attachment, but he may not arrest and hold him to bail. If he does, the Court will set aside the proceedings with costs, for irregularity. Pearson, gent. v. Henson, gent. 4 & 5 G. 4. 2. An attorney has a lien upon deeds, papers and writings belonging to a bankrupt, not merely for his bill for business done before the bankruptcy, but for the costs of an action brought against him after the 1. commission issued, to recover the amount of his bill, unless it appears that, as an attorney, he had improperly commenced the action for the purpose of in:creasing costs. costs. Lambert v. Buckmaster, 4 & 5 G. 4. 125 4 AUCTION. 646 See FRAUDS, STATUTE OF. AUTHORITY. See CASE, 1.. AVERAGE. See INSURANCE. An action will not lie in this country to recover back money paid upon an average loss adjusted at St. Petersburgh according to the laws of Russia, (the consignor and consignee of the goods, and the owner of the vessel being British subjects,) See COSTS.-COMMON, RIGHT respectively requiring the same, on or before a particular day, with power to enlarge the time for making the award, and the plaintiff having died before award made, and the arbitrator having enlarged the time after the death of plaintiff :-Held, that an award made afterwards was valid and binding upon the defendant Tyler v. Jones, 5 G.4. 740 BAIL. -- See ATTORNEY, 1.-EVIDENCE, 4.-CERTIORARI, 1. SHERIFF, 1, 3.-GUARANTY. Giving notice of exception to bail, without actually entering the exception, is a nullity, and the irregularity is not waived by the defendant acting upon the notice. Thwaites v. Gallington, 5 G. 4. 365 Where an action was commenced in June, 1822, and after the defendant became bankrupt the plaintiff proceeded and signed interlocutory judgment, and issued a ca. sa. in Michaelmas term, 1823, to which non est inventus was returned, whereupon the plaintiff proceeded by sci. fa. against the bail, and signed judgment thereon on the 26th February, 1824: the Court refused to set aside the proceedings against the bail even upon payment of costs, though it was sworn that they knew nothing of the proceedings after declaration against the principal, or against themselves, until they received notice on the 27th February that they were fixed. Swayne v. Bland, 5 G. 4. 3. Where, by the terms of an order of reference at nisi prius the arbitrator was to deliver his award to the parties, or if either of them should be dead before the making of the award, to their personal representatives, 3. A defendant admitted to bail 373 |