1831. [or, freeholder, as the case may be], residing at [describ- actions, add "except for G. H., at the suit of I. K., in the Court of [and if bail in any other action or actions, add "of all other sums for which he is now bail as aforesaid,"] consists of [here specify the nature and value of the property, in respect of which the bail proposes to justify, as follows: — Stock in trade, in his business of by him at carried on of the value of book debts owing to him to the amount of £ property, particularizing each description of property, with the value thereof;] and that the deponent hath for the last six months resided at place or places of such residence]. Sworn, &c. [describing the END OF TRINITY TERM. ΑΝ INDEX TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME. ACTION ON THE CASE FOR ACTION ON THE CASE FOR 1. In an action against a Defendant 2. The Judge having explained fraudulent intention in the De- AFFIDAVIT TO HOLD TO See PRACTICE, 6. AGREEMENT. See ASSUMPSIT. LEASE, 2. AGREEMENT, CONSTRUC- TION OF. Plaintiff and Defendant being part- per cent. interest on his private account for six months, from March 1st, 1827, and 5 per cent. afterwards; that the partnership accounts should be made up, and the Defendant's share of the proceeds go towards the liquidation of his separate debt; that the Plaintiff should receive sums due to the firm, discharge debts, and apply the balance towards discharging the Defendant's separate debt; that the partnership might be dissolved any 1st of January, on six months' notice being given, but that, in consequence of the Plaintiff's concessions as to in terest, it was expected there should be no dissolution on 1st of January next ensuing: Held, that this agreement did not suspend the Plaintiff's right to sue the Defendant for the separate debt due from him to the Plaintiff. Simpson v. Rackham. Page 617 AGREEMENT IN RESTRAINT OF TRADE. An agreement that Defendant, a moderately skilful dentist, would abstain from practising over a district 200 miles in diameter, in consideration of receiving instructions from the Plaintiff, and a salary determinable at three months' notice, Held, unreasonable and void. Horner v. Graves. 735 AMENDMENT. See PRACTICE, 13. FINE AND RECOVERY, 2. ARREST. See PRACTICE, 5. 8. ASSIGNEE. See BANKRUPT, 2. ASSUMPSIT. 1. Defendant retained Plaintiff, a surveyor, to negotiate the sale of her reversionary interest in certain premises, and agreed to give him 2 per cent. on the sum obtained. The premises were sold to the commissioners under the Charing Cross Improvement Acts, and a jury awarded the Defendant 4000!. The premises were charged with an annuity of 80l. a year, of which the Defendant had not apprised the Plaintiff, and the Defendant declining to induce the annuitant to be a party to the conveyance to the commissioners, they paid the money into the Bank, where it might be obtained by the parties entitled to it, upon application to the Court of Exchequer: The money still being in the Bank, held, that the Plaintiff could not recover the 2 per cent. commission on the sale. Bull v. Price. Page 237 2. Plaintiff engaged to let Defendant land on building leases, and to lend him 4000l. to assist him in the erection of twenty houses the money to be repaid by June 1828. Defendant agreed to build the houses, to convey them as security 1. Charges by an attorney for attending and advising a party in a suit, are taxable charges; and though they be the only taxable charges in a bill of many items, the attorney cannot recover any part of his demand without leaving his bill with Defendant a month before action, according to 2 G. 2. c. 23. Smith v. Taylor. 259 2. The Defendant, an attorney, was sued for negligence in allowing judgment to go by default in an action which the Plaintiff had retained him to defend: the negligence being proved, Held, it was for the attorney to defend himself by shewing, if he could, that the Plaintiff had no defence in that action, and not for the Plaintiff to begin by shewing he had a good defence, and so had been damaged by the judgment by default. Godefroy v. Jay. Page 413 3. An attorney cannot charge for work which is useless towards accomplishing the object his client has in view, although performed inexthrough inadvertence or perience, and not with the design of imposing on the client. Hill v. Featherstonhaugh. AVOWRY. See PLEADING, 2. AWARD. See PRACTICE, 7. BAIL IN ERROR. 569 The Plaintiff below having given bail in error in an action on a bond, the Court ordered the recognizance to be cancelled, even after judgment affirmed in the Court below, and a new writ of error brought to the House of Lords, and though the Plaintiff was a foreigner and insolvent. Duvergier v. Fellows. 463 BANKRUPT. See EVIDENCE, 11. SURETY. EXE- 1. Under 6 G. 4. c. 16. s. 120., which inci incidentally the power of staying, before judgment, proceedings against such a bankrupt for such a debt. Sadler and Another v. S. and C. Cleaver. Page 769 2. A second assignee, who continues by suggestion on the record a suit commenced by his predecessor, may under s. 67. 6 G. 4. c. 16. recover a penalty as well as his predecessor. Bates v. Sturges. 585 3. A testator left annuities of 201. a year to two female servants: one of the devisees married during the testator's life, upon which, by a codicil, he left her annuity for her sole and separate use: the other having married after his death, and there being no such condition attached to her annuity, Held, that it passed to the assignees of her husband upon his becoming insolvent. Caunt v. 4. A second commission of bankrupt is void while a former one remains in force to a replication in trespass, therefore, asserting title to goods under a first commission still in force, it is ill for a Defendant who claims under a second commission, to rejoin, that the goods were in the order and disposition of the Plaintiff by the permission of the assignee under the first commission, and that they passed to the Defendant by the assignment under the second. Nelson v. Cherrell and Others. 663 5. The wife of a convict sentenced to transportation, is liable to be made a bankrupt if she becomes a trader, although her husband remains in this country. Ex parte Franks, in the Matter of Kezia Franks, a Bankrupt. Page 762 BASTARDY BOND. Debt on a bond voluntarily entered into by Defendant, the putative father of a bastard, to pay the Plaintiffs, parish officers, 2s. 6d. a week as long as the child should be provided for at the expense the parish. Plea, that the Defendant was ready and willing to provide for the child, and requested the Plaintiffs to deliver the child to him, but that the child had been provided for by the Plaintiffs, as parish officers, of their own wrong: Held ill. Pope and Others v. Sale. 477 BILL OF EXCHANGE. See EVIDENCE, 4. FEME COVErt. 1. H. deposited with the Defendant as a security for goods sold, a bill accepted by Plaintiff, for which Plaintiff had received no value. H. afterwards paid for the goods, and asked for the restoration of the bill; but the Defendant indorsed it for value to G. who sued the Plaintiff and recovered: Held, That the Plaintiff might recover of the Defendant the amount of the bill in an action for money |