MEMORANDA. In the last Hilary Vacation, the Right Hon. THOMAS Lord DENMAN resigned the office of Lord Chief Justice of the Court of Queen's Bencn. He was succeeded by the Right Hon. JOHN Lord CAMPBELL, who took his seat in Court on the first day of Easter Term, having first been called to the degree of Serjeant-at-Law, when he gave rings with the motto "Justitiæ tenax." In Easter Term last, the following gentlemen were appointed Her Majesty's Counsel learned in the Law: Michael Pendergast, of Lincoln's Inn, Esq. Charles Sprengel Greaves, of Lincoln's Inn, Esq. Kenneth Macauley, of the Inner Temple, Esq. INDEX TO THE PRINCIPAL MATTERS. Gillaspie ACCIDENTAL DEATH. Liability of Owner of Land for not fencing off 1. A., being possessed of land abutting on a 392 Ib. 4. In such a case, the declaration need not ACT OF PARLIAMENT. Clear and unambiguous words are necessary to AGENT. A statute authorizing an unincorporated com- AGREEMENT. Construction of,-See INDEMNITY. AMENDMENT. Of Pleadings under 3 & 4 W. 4, c. 42, 8. 23. 2 The consideration for an annuity was stated in the memorial thus:-"3000., part of a sum of 31867. 28. 3d., due and owing from [the grantor] to [the grantees] at the time of granting the said annuity, as follows,-18821. 38. 6d. for work and labour and for goods sold and delivered, and 13037. 188. 9d. for money lent and advanced, and interest thereon, in the sums and at the times following, that is to say, 250%. paid by the check of the [grantees] on, and dated, the 29th of December, 1837, and drawn in the then name of their trading firm, on Messrs. Smith, Payne & Smith, their bankers,-500l. paid by a like check, dated the 24th of February, 1838,231. 108. paid by a like check, dated the 28th of February, 1838,-2701. paid by a like check, dated the 25th of July, 1838,-2007. paid by a like check, dated the 11th of January, 1839, -interest on the above sums respectively up to the 27th of April, 1839 (the date of the grant), 601. 88. 9d. :"-Held, that, supposing a memorial to be necessary, the above sufficiently showed how and when the several sums which constituted the consideration for the annuity were paid. And see BANKRUPT, II. APPRENTICESHIP. Indenture of,-See PLEADING, III. ARBITRAMENT. Ib. Order for Payment of Money awarded, under the 1 & 2 Vict. c. 110, s. 18. 1. The court will not make an order for payment of money directed by an award to be paid, so as to enable the party entitled to receive it to avail himself of the 1 & 2 Vict. c. 110, s. 18, except where the case is clear and free from doubt. Mackenzie v. The Sligo and Shannon Railway Company, 250 2. An action against a railway company was referred to arbitration. The arbitrator made his award on the 28th of April, 1849-directing the company to pay to the plaintiff a cer 3. tain sum, by four instalments, on the 12th of June and 26th of November, 1849, and the 26th of February and 26th of May, 1850. On the 4th of May, 1849, the Vice-Chancellor made an absolute order for the dissolution and winding up of the company, under the 11 & 12 Vict. c. 45, and an official manager was duly appointed. On the 1st of August, 1849, the 12 & 13 Vict. c. 108, passed, declaring that the former act should not apply to railway companies. Under these circumstances, the court refused to make an order upon the company (upon a service and demand upon the secretary and one of the directors), to pay the instalments which had become payable on the 12th of June and 26th of November, 1849, considering the matter to be too doubtful to be disposed of on a summary application. Quare, whether an attachment, or an order. can be obtained on non-payment of an instalment. A Ib. 4. Attachment does not lie against a corporation (e. g. an incorporated railway company) for non-performance of an award. ARREST OF JUDGMENT. Motion in. 16. Queen's Bench and Exchequer had permitted the entry of his name on the respective rolls of those courts to be so altered. Ex parte James, 220 II. Contract of Partnership,-See OFFICE. III. Bill of Costs. The 91st section of the County Court Act, 9 & 10 Vict. c. 110, does not preclude an attorney from recovering from his client a reasonable remuneration for his work and labour done out of court, before the institution of a suit, or take away the right of the superior courts to allow on taxation a reasonable remuneration for this description of labour. Ex parte Keighley, 338 AVOIDANCE. See QUARE IMPEDIT. BAIL BOND. See PRACTICE, I. 3. BANKERS. See MONEY HAD AND RECEIVED, 2. BANKING COMPANY. Juggestion of Death of Public Officer,-Sec PRACTICE, VII. BANKRUPT. I. Rights of Assignees. 1. Where money is paid by A. to B. to be applied by the latter pursuant to a binding contract between the parties, A. cannot revoke its destination. Yates v. Hoppe, 541 2. A., the drawer of an accommodation bill, a few days before its maturity, handed over money to B., the acceptor, for the purpose of meeting the bill. A fiat having been issued against A. between the day of such deposit and the maturity and payment of the bill:Held, that, the money having been handed over to B., in pursuance of a binding contract, upon a good consideration, viz., an implied contract of indemnity, the bankruptcy of B. was no revocation of A.'s authority to apply the money in satisfaction of the bill; and consequently that B.'s assignees could not recover it back from him in an action for money had and received to their use. II. Proof of Debts. Ib. alone, in the meantime and until any real or personal estate should devolve upon or vest in A. and B., in B.'s right, or any issue of the marriage, under the settlement of her father and mother, or otherwise,-or together with the annual produce to arise from any such real or personal estate after any such devolution or vesting should take place, make up an annuity of 1507., payable halfyearly. The marriage took place. No real or personal estate had devolved upon or become vested in A. and B. in right of the latter, or in any issue of them. On the 24th of October, 1842, a fiat issued against C., under which he was declared bankrupt, and under which he obtained his certificate on the 6th of March, 1843. The trustees proved against C.'s estate, on the 25th of March, 1843, for 105., being partly for arrears due at the time of the bankruptcy, and partly for a proportionate part of the current half-year, up to the time of tendering the proof. They at the same time tendered a proof for the value of the annuity as a contingent debt, but such proof was rejected, on the ground that the contingencies were such that the value of the annuity could not be ascertained. The instalments of the annuity accruing after the date of the said proof, down to the 21st of September, 1848, amounted to 8231. 168. 8d.; on account of which C. had, since his bankruptcy, made payments amounting to 1207. In February, 1849, the trustees petitioned, praying to be admitted as creditors for th remaining 7037. 16s. 8d., and to receive dividends thereon, not disturbing former dividends:--Held, that the trustees were not entitled to prove against the estate of C. in respect of such subsequent instalments. In re John Foster, 422 III. Arrangement under 7 & 8 Vict. c. 70, s. 13. 1. Form of Certificate.]-A certificate under the Debtors' Arrangement Act (7 & 8 Vict. c. 70, s. 13), must certify the filing of the petition, and not merely that a resolution or agreement was duly assented to, and approved and filed by the commissioner. Temple v. Sleigh, 348 2. Confirmation.]-Quare, whether a certificate under this act requires confirmation,-or whether a plea setting up such a certificate need show that the debt is not of the excepted classes mentioned in s. 2? Ib. Instalments of an Annuity.]-By a settlement made on the 13th of July, 1841, in contemplation of a marriage between A. and B., C. IV. Deed of Arrangement under 12 & 13 Vict. covenanted to pay to the trustees, so long as A. and B., or either of them, or any issue of the said intended marriage, should be living, an annuity of such an amount as would, either c. 106. 1. The 225th section of the 12 & 13 Vict. c. 106, enacts, "that no such deed or memorandum of arrangement (as mentioned in s. |