3. Liability of representatives, 287. Ante, 1.

4. The liability arises out of the original joint contract, 287. Ante, 1. II. In particular instances.

Amongst provisional committee-men, 287. Ante, I. 1.

CONVENIENCE.

Effect as to construction of statutes, 694,

716. Land Tax.

CONVERSION.

See Page 822. Carrier, II.

CONVEYANCE.

I. When an act of bankruptcy, 35. Bankrupt, I. 1.

II. When not protected in bankruptcy, 35. Bankrupt, I. 1.

CONVICTION, SUMMARY.

I. Jurisdiction as to place. County justices acting on an offence committed in a liberty, 580. Assault, I. 1.

II. Commitment in default of payment.

1. Warrant issued immediately on conviction in defendant's absence, 580. Assault, I. 1.

2. To what house of correction, 580. Assault, I. 1.

III. Protection of officers.

Where Court of competent jurisdiction has decided erroneously, 748. Abatement.

COPYHOLD.

I. Admittance.

1. Before payment of fine.

Tenant in fee of copyhold hereditaments devised them to E., M. and W. on certain trusts. E. demanded admittance: the steward refused admittance, except upon payment of a

treble fine. This Court made absolute a rule for a mandamus commanding to admit, the lord being bound to admit before payment of fine, and the right to the fine accruing only by reason of the admittance. Regina v. Lord Wellesley, 924.

2. Mandamus to admit, 924. Ante, 1. II. Fines.

When they become due, 924. Ante, I. 1.

III. Mines.

Possession of the surface raises presumption of possession of the minerals, 132. Mine, I. 1.

COPYRIGHT.

Entries at Stationers' Hall.

Restriction on the use of them whilst the question of copyright is undetermined: varying and expunging.

C. brought an action against D. for publishing three pieces of music alleged to be the copyright of C. Before the action, three entries had been made in the registry at Stationers' Hall, kept under stat. 5 & 6 Vict. c. 45. s. 11. These entries, as they stood, would afford primâ facie evidence of C.'s copyright in the three pieces. D. obtained a rule Nisi to expunge or vary those entries. It was obtained on an affidavit by which it appeared that D. claimed no copyright in the airs himself, but that his case was that they were old pieces and that the persons who on the entries professed to be the authors were not really the authors; and the affidavit deposed to information and belief as to facts, which, if true, proved that the pieces were older than the supposed authors. The counsel for C. refused to consent not to use these entries on the trial.

The Court declined to expunge the entries, but made an order, without consent, that the rule should be enlarged till the trial of an issue to determine the question of copyright, in which C. should be plaintiff, and on

CORONER.

Action against, for false imprisonment. Measure of damages: expenses of setting aside the inquisition.

Defendant, by a warrant of commitment on a coroner's inquisition held without jurisdiction, caused plaintiff to be imprisoned. Plaintiff was bailed, and afterwards, while on bail, procured the inquisition to be quashed.

Held that, in an action for such false imprisonment, plaintiff was entitled, under an allegation that he had incurred expense in procuring his discharge from custody, to recover damages for the expense of quashing the inquisition. Foxall v. Barnett, 928.

CORPORATION.

I. Municipal. Municipal Corporation. II. Conversion by.

Authority of officer, 822. Carrier, II.

III. Dissolution for misuse and abuse, 856. Churter, I.

COSTS.

I. On rules; generally.

1. Notice of intention to apply for costs.

The Court will not grant costs on making a rule for a mandamus absolute, upon a mere affidavit of service: but on affidavits shewing ground for believing that the litigation is at an end, and that the defendants have had notice that the application will be made for costs, at the time the rule is made absolute, the Court will make it absolute with costs. Regina v. East Anglian Railway Company, 475.

2. What the affidavits must shew, 475. Ante, 1.

In cases of concurrent jurisdiction with the County Court: allowance by the superior Courts and Judges.

1. Whether the power to allow the plaintiff's costs is discretionary.

In a case where the Court of Queen's Bench had concurrent jurisdiction with the county court by stat. 9 & 10 Vict. c. 95. s. 128., the plaintiff recovered only 40s. damages. This sum he accepted from the defendant without prejudice to any claim for costs: and he summoned the defendant to shew cause before a Judge at chambers why the costs should not be taxed, and paid by defendant to plaintiff. The Judge, considering that a discretion on this point was vested in him by stat. 13 & 14 Vict. c. 61. s. 13., refused to make an order. In the next term but one after this decision, the plaintiff moved the Court of Queen's Bench that the costs might be taxed, and paid to him by the defendant; relying on a decision of the Court of Common Pleas, since the hearing at chambers, that the Judge, under sect. 13, was bound to grant costs.

Held that the application was too late.

Quære, whether the enactment in stat. 13 & 14 Vict. c. 61. s. 13., that the Judge in the cases there mentioned, "may" order costs, be imperative or only permissive. Orchard v. Moxsy, 206.

2. Power imperative.

Where a plaintiff, in an action in the Superior Courts, recovers damages not exceeding those named in stat. 13 & 14 Vict. c. 61. s. 11., but shews, to the satisfaction of the Court or of a Judge at Chambers, that the action was brought for a cause in which concurrent jurisdiction is given to the Superior Courts and county courts under stat. 9 & 10 Vict. c. 95. s. 128., or for which no plaint could have been entered in a county court, or which has been removed from a county court by certiorari, he is entitled, under stat. 13 & 14 Vict. c. 61. s. 13., to his costs ex debito justitiæ; and the Court or

3. Application when not too late : arbitration.

After issue joined in an action of assumpsit commenced in this Court, the case was referred, and, on 9th June 1852, an award was given for the plaintiff for less than 201. The parties dwelt more than twenty miles apart. In Hilary Vacation, 1853, a summons was taken out to shew cause why plaintiff should not have his costs, under stat. 13 & 14 Vict. c. 61. s. 13. Held, not too late. Morris v. Bosworth, 213.

4. Application when too late: long acquiescence in wrong decision, 206. Ante, 1.

III. In particular instances.

1. Interim decree for costs in Scotch court, 14. Foreign Judgment.

2. Of suspended order, 84. Poor, XIII.

3. On removal of indictment by certiorari: liability of bail, 176. Bankrupt, III.

4. On making rule for mandamus absolute, 475. Ante, I. 1.

5. On reference back to same arbitrator, 946. Arbitration, IV. 1.

IV. Remedy for.

1. Distress, 84. Poor, XIII.

2. Execution for, after payment of debt, 279. County Court, VII. 1.

COUNTY.

Arrangements with boroughs.
What statutory arrangement does not
constitute a special contract, 654.
Gaol, I. 1.

COUNTY COURT.

I. Cause of action arising in district.

Letters of administration granted out of the district.

A. by will bequeathed to his servant F., "should my executors think proper," 201., "conditional on his continuing to conduct himself faithfully in all respects," and appointed executors. The will was made in the district of the county court of K. and the testator died there. The executors renounced probate; and M. took out letters of administration with the will annexed, in the Prerogative Court of the Archbishop of Canterbury. resided in London. F., by leave of the judge of the county court of K., sued M. in that court for the 201. On a rule to set aside a judge's order for a prohibition :

M.

Held: that the grant of letters of administration was part of the cause of action, and that the judge of the county court of K. had not, under stat. 9 & 10 Vict. c. 95. s. 60., jurisdiction in respect of it over M. who was not within his district: and on that ground the rule to set aside the judge's order was discharged.

Whether the bequest, in these terms, was a legacy which might be recovered in the proper county court, under sect. 65, or a bequest in trust, only to be enforced in equity, quære? Per Lord Campbell C. J.: Semble, that it was a legacy which might be recovered in the proper county court. Re Fuller, 573.

II. Jurisdiction: notwithstanding that title is in question.

Under Nuisances Removal Act.

The amount paid for carrying into force an order of two justices to abate a nuisance, under stat. 11 & 12 Vict. c. 123., may, under the provisions of sect. 3, be recovered in the county court from the owner of the premises where the nuisance existed, though title to land comes in question. Semble that title comes in question if the party sued, as owner of land, denies that he is owner. Regina v. Harden, 188.

III. When it is that title is in question.

1. When person charged as owner denies the ownership, 188. Ante, II.

2. Title to office of parish clerk, 744. Clerk.

IV. Jurisdiction: recovery of possession of land.

Where rent is under 50%. but the

annual value above 501.

A. brought a plaint in the county court against B. to recover possession of land demised by A. to B. for a term which had expired. There had been no fine; and the rent had been under 501.: but the annual value of the premises was above 50l. On a rule for a prohibition :

Held, by Lord Campbell C. J. and Erle J., that stat. 9 & 10 Vict. c. 95. s. 122. gives the county court jurisdiction if either the rent or the value fall short of 501.

Held, by Crompton J., that it gives the county court jurisdiction only where neither the rent nor the value exceeds 501.

A rule for a prohibition was discharged. Re Harrington, Earl of,

669.

Under stats. 1 & 2 Vict. c. 110. s. 96. and 10 & 11 Vict. c. 102. s. 10., the Court for the relief of Insolvent Debtors has no jurisdiction to rehear a case heard before a judge of the county court on a petition transmitted to such judge from the Court first mentioned. Phillips, Ex purte, 192.

2. Whether the judge of the county court has jurisdiction to rehear. Ex parte Phillips, 192, 195. Ante, 1.

3. The judge of the county court has jurisdiction to rehear.

An insolvent debtor, resident in the

district of the county court of Y., more than 20 miles from the General Post Office, petitioned the Court for the relief of Însolvent Debtors. His petition and schedule were transmitted to the judge of the county court of Y., by whom, after hearing, he was discharged; and the schedule and petition were returned to the Court for the relief of Insolvent Debtors. Afterwards, some of his creditors applied to the judge of the county court for an order for a rehearing on the ground of fraud. The judge granted a rule; but the insolvent did not appear. Application was made to the judge for a warrant to apprehend him. The insolvent was out of the district of the Y. county court. The judge refused to act. This Court, under these circumstances, made a rule absolute for a mandamus to issue a warrant, as in the opinion of the majority, Crompton J. dissentiente, the judge of the county court had jurisdiction to do that. But the Court refused to express any opinion as to whether the warrant could be executed out of the district. Regina v. Dowling, 196.

4. Mandamus to issue warrant, 194. Ante, 3.

5. Execution of warrant out of district, 194. Ante, 3.

VII. Payment.

1. To the party, as distinguished from payment to the officer or into Court.

If a plaintiff in the county court, having obtained judgment for debt and costs, receives payment of the debt only, he may, under stat. 9 & 10 Vict. c. 95. s. 94., require the clerk of the county court to issue execution against the debtor's goods for the costs only although the judge's order in the cause directed that payment should be made to the clerk at the courthouse, and the debt was not paid there or to the clerk at any place.

A mandamus to issue execution in such case is properly directed to the clerk, not to the judge. Regina v. Fletcher, 279.

2. What does not purge contempt in not appearing to judgment summons, 271. Post, IX. 1.

VIII. Execution.

1. For costs only, 271. Post, IX. 1. 2. Mandamus to issue, 271. Post, IX. 1.

IX. Warrant of commitment.

1. Contempt in not appearing to judgment summons: payment to the party.

S. sued D. in the county court, and recovered. D. did not pay the amount adjudged against him. A judgment summons issued against D. who did not appear as required by it, and the judge ordered him to be committed for seven days. A warrant issued to arrest him. Then B. paid S., the plaintiff in the plaint, the amount of debt and costs, and S. wrote to F., the clerk of the county court, to say he was paid. Afterwards D. was arrested under the warrant, and detained for a few minutes till F., the clerk of the county court, who had forgotten the receipt of the notice from S., found that notice and ordered his discharge. D. brought an action for the imprisonment against F. and the bailiff.

Held, that payment to the party, after the warrant issued, did not operate as a supersedeas, and that the arrest and detention were both justi

defendant against whom judgment had passed in the county court. The warrant was in the form given in the schedule to the rules of practice made under stat. 12 & 13 Vict. c. 101. s. 12. The return stated, in addition, that B. was brought into his custody on a previous day under a similar warrant of commitment, on the same judgment, for seven days: that B. remained in the keeper's custody for that term: that B. was afterwards brought into the keeper's custody, on another warrant, on the same judgment, for commitment, for forty days, and that B. remained in the keeper's custody for the term last mentioned. Both those terms had expired before the date of the summons recited in the warrant under which the prisoner was now detained.

Prisoner remanded, inasmuch as defendant was liable to be committed, upon the same judgment, for every fresh default, and the Court would intend each commitment to be for a fresh default, and it was not necessary that any one commitment should refer to any previous one. Re Boyce, 521. 3. Nature of the warrant, 271. Ante, 1.

4. Contempt how purged, 271. Ante,

1.

5. Form of commitment, 521. Ante, 2.

6. Intendment in construing commitment, 521. Ante, 2.

Discharge from imprisonment under

warrant.

1. What payment insufficient after the issuing of the warrant, 271. Ante, IX. I.

2. What discharge irregular, 271. Ante, IX. 1.

XI. Judgment summons.

Contempt in not appearing, 271.
Ante, IX. 1.

XII. Costs of actions in superior Court.

Powers and practice of superior
Courts, 206, 210, 213. Costs, II.