AN INDEX ΤΟ THE PRINCIPAL MATTERS. ACTION. I. When it lies, and does not lie, in i. When it lies. (1). For libel, against a corporation (3). Ejectment, by two tenants in (4). For deceit, and for money had wife, under stat. 9 & 10 Vict. c. 93., (7). Against landlord, by tenant, for (8). Against a sheriff, for wrongful (9). For breach of promise of mar- (10). For breach of promise of mar- riage. Plea, that before agreement (11). By a passenger against the owners of a crew, paid by them, and supplied, with the ship, to a ADMINISTRATOR. third person for hire, for the negli- Executor and Administrator. gence of such crew, 899. Master and Servant, II. ii. When it does not lie. (1). On behalf of an infant of tender years, for injury caused by the joint negligence of defendant and the party who had charge of the infant, 719. Negligence, I. ii. (2). For money had and received, by transferee of shares, on the ground of failure of consideration, to recover back the purchase money, paid by him with full knowledge of the facts, 887. Contract, VI. vii. II. Limitation of. Statute of Limita AGENT. i. To the Superior Courts. (1). Does not lie to Q. B. against the taxation of costs by registrar of county court, under stat. 19 & 20 Vict. c. 108. s. 34. Q. B. will dismiss with costs, 123. County Court, I. (2). (2). Appeal from county court, under stat. 13 & 14 Vict. c. 61. s. 14. Security for costs, within what time to be given, 504. Costs, II. ii. To Quarter Sessions. From the decision of Petty Sessions, as to the utility of a highway, by the parties dedicating, 69. Highway Act, I. II. Notice of. Appeal against an order of removal: within what time it may be made. Rule as to notice of trial and entry of appeal. Parties appealing against an order of removal are entitled to take the full number of days given by stat. 11 & 12 Vict. c. 31. s. 9. If at the expiration of those days there is time to give effectual notice of trial for the next sessions, it should be done; if there is not time for such notice of trial, the appeal, if it be practicable, ought to be entered and respited at the next sessions; and it is too late to enter it at a subsequent sessions. Regina v. Justices of West Riding, 713. III. Proceedings at. i. In Superior Courts. Case stated, under stat. 20 & 21 Vict. c. 43. Notice to respondent: when appellant may be heard, on nonappearance of respondent, 469. Pawnbroker. ii. At Quarter Sessions. Magistrates cannot determine, when interested, 100. Jurisdiction, III. (1). IV. Application to Q. B. for mandamus to Quarter Sessions to enter continuances and hear appeal: within what time to be made, 253. Mandamus, II. Appeal. APPELLANT. APPRENTICESHIP. Settlement by. Poor, I. i. (2). ARREST. I. Capias under stat. 1 & 2 Vict. c. 110.: when fraudulent and illegal. A creditor, by a concerted fraud, induced his debtor, who resided abroad, to come to England, and immediately had him arrested by order of a Judge. The facts being made to appear by affidavit, this Court, by rule, set aside the whole, as an abuse of the process of the Court. Stein v. Valkenhuysen, 65. II. What is a sufficient taking to constitute an arrest. A sheriff's officer, in execution of a ca. sa., put his hand into the debtor's dwelling house, by an opening in a window caused by a pane having been broken in the scuffle, but not by the officer, touched the debtor, who was inside the house, and said, "You are my prisoner." He was unable then to secure the person of the debtor; but he thereupon broke open the outer door of the house, and seized the debtor. of the outer door being justifiable for the purpose of taking into custody the debtor so arrested. Sandon v. Jervis, 935. ASSIGNMENT. I. To trustees, for benefit of creditors, of "all personal estate and effects," and "all writings," &c. Trover by trustees against executrix of assignor, for a policy on his life: measure of damages. A., by deed, conveyed all his property to trustees for the benefit of his creditors. The conveyance contained general words, amongst others "all and singular other the personal estate and effects whatsoever," and all" writings" belonging to the same. He was possessed, at the time, of a policy of insurance on his own life, the existence of which was not known to the trustees, and which remained in his possession. He died: the trustees, having afterwards learned the existence of the policy, claimed it from his executor, who refused to deliver it up, and who obtained the money from the insurance office. Held, by the Exchequer Chamber, affirming the judgment of the Court of Q. B., that the legal property in the writing, and the beneficial interest in the contract, passed to the trustees by the deed; that they might maintain trover for the policy against the executor; and that the proper measure of the damages under the circumstances was the amount of the money obtained by it. Watson v. McLean, 75. II. By a client to his attorney, of the subject matter of a suit, as security for costs not void for champerty or maintenance, 806. Contract, VI. iv. III. Of life policy, and covenant to pay the premiums: does not constitute a liability to pay money upon a contingency, within sect. 178 of stat. 12 & 13 Vict. c. 106., 914. Bankrupt Law Consolidation Act. Held, by the Court of Exchequer Chamber, affirming the judgment of the Court of Queen's Bench, that the officer had acted legally, the arrest having been effected by touching the debtor, and the subsequent breaking County Lunatic. Poor, I. i. (1). E. B. & E. 3 z ASYLUM. ATTORNEY. I. Employed by Commissioners elected annually under a local Act: his rights and remedies as against subsequent Commissioners, 107. Contract, ÍI. II. Actions by, on two separate bills of costs: consolidation, 243. Costs, III. i. (3). III. Assignment to, by client, of the subject matter of a suit, as security for costs, 806. Contract, VI. iv. AUCTION. Vendor and Vendee, III. AUDITORS. I. Poor Law. Poor, II. ii. II. For parish, under Metropolis Local Management Act. Metropolis Local Management Act, IV. BANKRUPT LAW CONSOLIDATION ACT, 1849. (12 & 13 VICT. c. 106.). Sect. 178. Liability to pay money on a contingency: proof of demand. Does not apply to a claim upon a covenant to pay the premiums of life policies assigned as security. Defendant, being indebted to plaintiff, assigned to him, as security, an insurance on defendant's life, and an insurance on the life of defendant's wife, and covenanted to pay the premiums. Plaintiff sued defendant on this covenant, assigning as a breach that defendant had not paid the premiums. Defendant, to this breach, pleaded his bankruptcy and certificate, averring that they had occurred after the execution of the deed, but not that they had occurred after the breaches had taken place. Held, on demurrer to the plea, by the Court of Exchequer Chamber, affirming the judgment of the Court of Queen's Bench, that the plea gave no answer to the declaration, the claim not being in respect of, nor a liability to pay money upon, a contin (1). Bill of exchange drawn upon a limited company, "signed" by their officer, within sect. 31 of The Joint Stock Companies Act, 1856. P. directed a bill to a company of limited liability, by the name of The S. W. Steam Packet Company, its full name being The S. W. Steam Packet Company, Limited. J. M., who was secretary to the Company, wrote across it Accepted, payable at Messrs. B. & Co. J. M., secretary to the said Company." The bill was not honoured. 66 "I promise to pay to J. S. or his order, at three months after date, the sum of 100l. as per memorandum of agreement. H. B.” Held, that a promissory note in this form was, on the face of it, an unconditional promise to pay, and was negotiable under stat. 3 & 4 Ann. c. 9. If the effect of the agreement be to make the promise conditional, it is on the defendant to shew that, by setting out the agreement in his plea. Jury v. Barker, 459. II. Action on. Action by payees of a promissory note against joint and several makers. Plea, that one of plaintiffs was one of joint makers, and therefore liable to contribution; held bad. |