ABANDONMENT. only be destroyed by a release

under seal, or by the receipt of

something in satisfaction of the

wrong done; therefore, in the
See New TRIAL, 1.

case of an excessive distress
1. An informal plea in abatement

for rent, a tenant does not waive
cannot be quashed on motion,

his right of action though he

afterwards enters into a written
though pleaded for delay; it
must be demurred to. Rex v.

agreement with his landlord
Cooke, 4 & 5 G. 4. Page 114

Page 114 concerning the sale of the

effects seized.
2. The Court will not allow a de-

Willoughby v.
fective plea in abatement to an

Backhouse, 5 G. 4. Page 539
indictment for a misdemeanour,

when once pleaded, to be

amended. Rer v. Cooke, 5
G. 4.


3. Plea of peerage, by way of

abatement to an indictment for See BARON AND Feme.
a misdemeanour:–Held, ill on
demurrer, for not shewing in

what manner defendant derived

See Evidence, 3.- Post-
his title, and that he was a peer

of the United Kingdom. Id.

OF ATTORNEY.–Process, 2.


See Costs, 5.-Case, 1.-Se-

DUCTION.—Common, Right

A right of action once vested can 1. Where the deponent, in an affi-


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.


A person born in the United
States of America since the 1. The Court refused to set aside

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




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

Rex v.


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.


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

« ForrigeFortsett »