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4. The Court will not grant a new trial on the ground of the verdict, which was found for the defendant, being against evidence, the amount in dispute being less than 51., and the trial having taken place before the undersheriff. Lyddon v. Coombes . . Page 294

5. A new trial will not be granted on the ground of delay by pressure of business of the court, though the statute of limitations thereby deprives the plaintiff of his remedy. Brown v. Thornton . . . .26'

TRUST AND TRUSTEES.

1. A devise of a rent-charge to a Roman Catholic priest and to poor Catholies, is a charitable trust, and may be enforced under the act 2 & 3 W. 4, c. 115; but if the suit to establish the charity was pending at the passing of that act, the disposition of it devolves on the Crown, as before that act. Attorney General v. Todd . . . .9

2. Trustees lent a trust fund to the solicitor in the matter of the trusts, on equitable security, at 5 per cent, interest, without explaining the nature of the security to the cestuis que trust: Held, that the trustees should make up the deficiency of the fund arising from the insufficient security, with interest on the whole fund at 4 per cent. only. Hooker v. Plaits . . . . .209

3. To an information, charging a breach of trust in ambiguous terms, upon one construction of which there would be no breach of trust, a demurrer is allowed for the insufficiency of the allegations.

Semitie, it is no misapplication of the surplus of the borough fund mentioned in the 5 & 6 W. 4, c. 76, s 95, to pay therefrom the expenses of defending a quo warranto against an officer of the corporation, or the expenses of petitions for the appointment of charitable trustees. Attorney General v. Norwich Corporation . . . . .112

4. One of two trustees transferred the trust fund to the other, by whose default it was lost to the cestui que trust in remainder: Held, that the estate of the solvent trustee after his death, and after it was distributed among his legatees, was liable to supply the deficiency of the trust fund. March v. Russell . . 339

5. A bequest was given to trustees during the minority of a female, to be assigned to her

absolutely for her separate use, on attaining her age of twenty-one. She married and executed a settlement of the trust fund while still an infant: Held, that upon attaining her age of twenty-one, she took the bequest absolutely to her separate use, and the trustees were decreed to assign the same accordingly. Johnson v. Johnson . . Page 195

b'. A creditor having a mortgage security, signed, with other creditors of the mortgagor, a deed of trust, by which the mortgagor gave his property to trustees for the benefit of his creditors generally. The deed contained words of exception as to mortgages: Held, that the morgage creditor had not released his security. Lee v. Lockhart .... 306

USURY.

1. Held, that an annuity of forty guineas for forty years certain, for the consideration of 400/, is a violation of the usury laws, it appearing from the evidence of the transaction that a loan, and not a purchase, was contemtemplated, though the annuity deed purported to be a bond fide purchase. Chilllngsworth v. Chillingsworth . . .59

2. The 58 G. 3, c. 93, applies only to persons discounting bills or notes, or paying a valuable consideration for them, ana will not therefore protect a person who takes in part payment of an existing debt a note tainted with usury.

But the 3 & 4 W. 4, c. 98, will protect such person, if the note is payable within three months; and a note payable on demand is within that statute a note payable within three months. Vallance v. Sidwell . . 260

VENUE.

1. The defendant having changed the eenue in an action for a libel published in a newspaper, on a common affidavit, the plaintiff will be entitled to his costs of a rule for taking the venue back again, the defendant admitting that the rule should be absolute. Easthope v. Westmacott . . . .61

2. An undertaking having been given by the plaintiff to give material evidence in a particular county, on an application to change the venue, an objection that such evidence has not been given must be made at the trial. How v, Pickard . . . .231

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Aldridge v. Buller, 199
Anon., 375.

Archbishop of Canterbury v.

Tubb, 230 Arnold v. Arnold, 8 Aston Union, in re the, 44 Attorney General v. Todd, 9 Attorney General v. Mayor and Corporation of Norwich, 112

'• v. Cradock,

224

Barnard v. Symonds, 182
Barton v. Ransom, 62
Bates, ex parte, 28
Beale v. Overton, 45
Belbin v. Bott, 183
Bennett, in re, a lunatic, 100
Berrey v. Johnson, 196
Blundell v. Winsor, 307
Bonnefor v. Russell, 263, 294
Boskay v. Lister, 278
Boulton v. Welch, 84
Bournes v. The King, 100
Bowen v. Jenkem>, 356
Braham v. Bowes, 25
Branson, in re, 85
Brings v. Barnard, 28, 133
Brooke ex parte, in re Rice,
129

Brown v. Thornton, 26
Carew v. Winslow, 212
Carr v. Appleyard, 354
Carter's Bail, 229
Chillingsworth v. Chillings-
worth, 59
Clark v. Vestris, 27
Clavton v. Marsham, 263
Collins v. Beaumont, 439
Correll v. Cottle, 45
Crosby v. Innes, 343
Dalton v. Tucker, 359
Denys v. Locock, 355
De Rutzen v. Lloyd, 130
Doe d. Capps v. Capps, 116

i. Donlan v. Roe, 279

d. Fraser v. Roe, 358

d. Fry v. Roe, 27

d. Hunter v. Roe, 343

d. Matther v. Roe, 359

—— d. Morgan v. Roe, 167

Doe d. Lord Somers, 342

d. Symes v. Roc, 406

—— d. Williams v. Sinclair,

62

Doncaster v. Card well, 117
Dowson v. Bell, 210
Easthope v. Westmacott, 61
Edmunds, ex parte, 469
Edmunds v. Groves, 471
Edwards v. Jones, 166
Egremont, Lord, v. Saul, 228
Evans, in re, 162
Facer v. French, 295
Faron v. White, 358
Field v. Wood, 309
Fisher v. The Thames Junction

Railway Company, 407
Fowell v. Fowell, 225
France v. Clarkson, 439
Frank v. James, 375
Frazer v. Benett, 195
Gerard v. Hunter. 226
Glatnis, exparte Lady, 25
Gompertz, in re, 10
Gordon v. Dalzell, 260
Grainger v. Wilkes, 116
Graves v. Browning, 12, 26
Green v. Mursh, 483
Green v. Codgen, 133
Grindley v. Thorn, 279
Groves v. Brown, 13
Guest v. Elwes, 373
Hall v. Pierce, 183
Hartland v. Cue, 59
Heap v. Haworth, 58
Hitchcock v. Way, 277
Holland, exparte, 101
Hooker v. Platts, 209
Hooper v. Vestris, 357
How v. Pickard, 231
Hughes v. Wynne, 308
Hurlock v. Smith, 40
Hutchinson v. Stephens, 253
Iken v. Plevin, 102
Jacobs v. Griffith, 230
Johnson v. Johnson, 195
Jones v. Hows, 30

■ v. Roberts, 40

v- Turnbull, 86

Kerr v. Cusac, 259

Kcrrison v.Wellinborough,311

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Kidd v. Davis, 311
King v. Gale, 87
Lambert v. Cooper. 278
Lane v. Glenny, 290
Leach v. Thomas, 214
Lee v. Lockhart, 306
Levi v. Price, 407
Lilley v. Johnson, 231
Lindsav v. Wells, 14, 61
Llewellyn's bail, 12
Lovell v. Hicks, 179
Lyddon v. Coombes, 294
Mann v. Lord Audley, 62
March v. Russell, 339
Mayall v. Mitford, 43
Miller's hail, 29
Moss v. Baldnck, 340
Mylett v. Hucker, 310
Nelson v. Bridges, 340
Owden v. Campbell, 81
Page v. Jadis, 62
Payne v. The Bristol and Exe-
ter Railway Company, 436
Piatt v. Hall, 117
Plummer v. Lee, 454
Pounsctt v. Alexander, 290
Powell v. Duncan, '.'93
Poynder v. Black, 359
Preston v Whiteheart, 407
Pritchard v. Macgill, 183
Heedcr v. Whip, 230
Rex v. Berks Justices, 82
——v. Cumberland Justices,
82

v. Earl Dundonald, 86

v. Harris, 372

v. Hewitt, 310

v. Lyme Regis Corpora-
tion, 406

v. Morgan, 405

v. Newton, 210

v Poole Recorder, 211

v. Poor Law Commis-
sioners, 180, 374

v. Rattislaw, 262

Rex r. Saint Pancras, 132

v. Saint Albans, 481

Rice, in re, 13
Richards v. Dadley, 452
Higi'y v. Heron, 22/
R mingtou v. Baker, 28
Robinson v. Creswell, 30

v. Taylor, 165

Rowbotham v. Dupree, 212
Ryland v. Wormwald, 135
Scutt, in re, 99
Sharpe, ex parte, 358
Shearman v. M'Knight, 292
Simpkin v. Nevers, 278
Smith v. Dixon, 60

v. Egginton, 163

—-— and Reeves, in the mat-
ter of the arbitration be-
tween, 197
Spenceby v. Shouls, 45
Spencer v. Newton, 82
Sowter v. Hitchcock, 3/5
Stacey v. Jeffries, 229
Stanley v. Long, 213
Staples v. Holdsworth, 165

Stone's bail, 437

Story v. Hodgson, 277

Thomas v. Nokes, 341

Thornton v. Stephen, 115

Tidd v. Smith, 213

Tolson v. Jarvis, 129

Topham v. Kidmore, 4/0

Tyler v. Campbell, 13

Vallance v. Sidwell, 260

Walker v. Cattey, 134

Wallace v. Brockley, 438

Walsh, in re, 114

Warre v. Calvert. 389

Watson v Dow, 134

Watts v. Eraser, 2/5

Wells v. Langridge, 198

Williams v. Byrne, 291
■ v. Calverly, 13

Wyatt v. Howell, 134

GENERAL INDEX TO VOL. XIV.

For the references to the Cases reported in this Volume, vide Digested Index.

Accessory indicted after acquittal of princi
pal, 75

Actions real, limitation of, 7
Acts of last session, summary of, 425
Advancing cause in equity, 107, 377
Affidavits sworn in France, 127
Agents, lien of, 34

parliamentary, 137
Agreement to withdraw opposition to bill in

parliament, 93
Appeal for murder, 411
Archbold's Magistrate's Pocket Book, 191
Articled clerks, 156, 305

Manual, second edition, 433
Arrest abolishing, 194, 233, 305, 402
Assignee of underlease, 122
Attendance at the law offices, 64, 104, 168
Attorneys, fees on admission of, 102

and Solicitors' Bill, 136
Act, 217

parliamentary return, 238

taxes on, 4

re-admission, 70, 80

striking off the roll, 239

admission of, 32, 69, 79, 146, 452

law of, 35

charges, 258

admission going abroad, 299
signed bill, 372, 405
on construction of late act, 469
Bail, affidavit to hold to, 421
Bankrupts, sec each Supplement

grievances of commissioners of, 154
Bankruptcies superseded, see each Supplement
Bankruptcy Court Meetings, 432

cquntry administration of, 89

Fiat's bill, 192
accountant's office, 324
Barristers' examination, 57

called, 69, 146
Bell's, the late Mr. suggestions on equity re-
form, 313, 368
Best on the right to begin, reviewed, 254
Bills of Exchange Bill, 39
Act, 349

Biography, legal, 143, 415
Blackstonc, Sir William, biography of, 143
Bonds in restraint of Trade, 106
Burgesses of corporations, 38
Burglary Bill, remarks on the, 160
Act, 381

Burning Ships and Buildings Act, S84
Candidates who passed the examination, 158,
223

Capias, indorsement of, 149
Central Criminal Court, 190, 428, 353
Champerty and maintenance, 468
Chancery, Masters extraordinary, see each
Supplement

public and private seals, fees for, 386
parliamentary returns. 140
reform in, 28*1, 329, 346, 361
examiners of articled clerks, 5
affidavits, fees on, 306
Practice, by Sidney Smith, 18

Chancery orders for hearing causes,19,32,118
Charnock's Digest of pleading Decisions, 19
Children, mother's rights, 268
Church-rate mandamus, 283
Circuits of the Judges, 80, 148

Commissioners of Insolvent
Debtors, 80,391
Clerks' salaries, 179, 209
Coke's Life, by Johnson, reviewed, 464
Common Law Offices Act, 284

fees, 353, 458
Commons proceedings, publication of, 38
Construction of new Statute of Limitation, 51
Conveyancers, account of eminent, 91
Copyright, amendment of law of, 65, 118, 125
Coroners' Expences, 22, 33, 56, 77, 112, 127,
158, 304, 363
Act, 250
Costs of Prosecution Act, 428
Covenants running with land, 97
Coverture, Law of, Bill, 190
County Courts, practising in, 178
Criminal law, 140, 388, 409
Custody of Infants Bill, 23
Death, punishment of, Act, 400
Deeds, proving at the hearing, 18

setting aside, 155
Demurrable points under pleading rules, 49
Descents, remarks on the new act, 188
Divorce, foreign, 122
Elections for members of parliament, 169
Electors, Parliamentary Bill, 75, 190
Equity, notes on, 18, 395
Examiners of articled clerks in Chancery, 5
Examination of article I clerks, 5,16,39,47,64,
78,80,98, 103, 111, 207, 222, 272,
290, 352

questions at the, 23, 95
Exchange, bills of, 39
Executions, parliamentary returns of, 140
Executor's liability, 220, 366, 434

accounts, 403
Execution, charging in, 224
Fees on attorneys admission, 102

for private seals in Chancery, 386
for keys of Treasury abolished, 118
of House of Commons, 404, 430
on Chancery affidavits, 306
at the Common Law offices, 353 '. ,

Feme covert, infant, 18
Feudal system, 394
Fiats in Country Bankruptcy Bill, 192
Fines and Recoveries Act, 267, 451
Fleet prison, hours of office attendance, 168
Foreign divorce, 122

potentates, suing in England, 426
Forgery, punishment Act, 363
France, affidavits sworn in, how used, 127
Franking Letters Act, 251
Greening's Forms of Pleadings reviewed, 219
Hints for addressing juries, &c. 441, 457
Holidays at the Judges' chambers, 149
Horse race, 347

Husband's liability for wife, 349,369, .405,452
Imprisonment tor debt, 233,402

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Incorporated Law Society, 157, 220, 246, 325,
422

Indemnity Act, 300
Indicting accessories, 75
Infant feme covert, 18
Infants Custody Bill, 23
Insolvent debtor, 94, 203
Insurance, concealment on effecting, 176
Irving on the Civil Law, reviewed, 334
Jews, disabilities of, 371
Johnson's life of Coke reviewed, 464

Joint stoek company's right to apply to

r, 73

par-

liament for further power,
Joint stock Company, 123

chambers' practice, 128, 275
Judge, sending money to, 202
Justices, Lords, Bill, 190
Kent's Commercial and Maritime Law, 203
Law reporting, present system of, 1/
Outlines of, reviewed, 36
reform, progress of, 105, 153

Mr. Bell's suggestions, 313
association, 206
Lease, assignee of 122
Lectures, on law, 224

Legacy duty, when testator dies abroad, 297
Lewin on Trusts and Trustees, 54
Lien of agents, 34

how parted with, 126
Limitation of Real Actions, 7, 347

construction of new act of, 51
Mandamus for church rate, 283
Marriage, law of by banns, 2

and Registration Act, 170. 448
Martin's Conveyancing, reviewed, 379
Masters extraordinary in Chancery, see each

Supplement
Maugham's Outlines of Law, 36
Merger of terms, 149

Members of the profession in parliament 269,

298

Miscellanea, end of each Number
Mistakes in Acts Bill, 157
Mortgagee's right to compound interest, 304
Mother's rights as to cluldren, 268
Municipal Corporations Act, 444,458
Naturalization Acts, expencc of, 224, 275
New Books reviewed, see Names of Authors.
list of, see each Supplement
rules and orders of Court, 19, 95, 104,
118

New South Wales, administration of justice
Bill, 190

Oaths abolishing, Lords report on, 418
Offences against the Person's Act, 363
Office attendance, 64, 178, 194, 208, 219, 353
Offices, building new law, 265, 322
Opposition to bill in parliament, 93
Orders in Chancery, 19

Equity Exchequer, 95
parliament, 244, 256, 273, 317
Parliamentary proceedings, passim
agents, 137
Electors Bill, 75
session, close of, 185
Partnerships dissolved, see each Supplement
Partnership, proposed alterations in law, 156
Pillory Abolition Act, 428
Piracy Act, 383

Pleading issuably under terms, 128

Police offices, attendance at, 325
Polices of insurance, concealment, 176
Poor removal Act, 429

Law Conveyances Act, 443
Practical points of general interest, passim
Practice at judges' chambers, 128, 275, 339,

386. 421
Privilege of parliament, 33, 362
Producing cases for counsel's opinion, 35

rate books, 332
Profession, prospects of the, 1
Property lawyer, passim
Property, restitution of, 3
Proving deeds at the hearing, 18
Punishment of Death Act, 400
Questions at the examination, 23, 95
Railway company, remedy against, 258
Rates, Highway Bill, 75

producing books, 332
Re-admission of attorneys, 70
Recorders' Courts Act, 332
Register of Voters Bill, 76
Reform of Law, progress of, 105
Replevin proceedings, 128
Reporting, law, present system of, 17
Reversionary interest, price of, 427
Reviews, see names of Authors
Revising votes, 393
Revivor of suit for costs, 395
Robbery and Stealing Act, 382
Robinson's Magistrate's Pocket Book, 191
Rouse's Practical Man, reviewed, 177

Copyhold and Court-keeping, 271
Shelly's case, 468
Sheriffs' Fees Act, 299
Sheriffs' Courts Bill, 7, 149
Sittings at Common Law, 14, 120, 160
in Chancery, .'12, 47, 119, 295
Exchequer Equity, 64, 150
Small Debts Courts, 39, 108
Smith's Chancery Practice, reviewed, 18
Snigge, Serjeant, disputed opinion of, 77
Solicitor, see Atlornty
Son's security to father, 378
Standing orders in parliament, 244, 256, 2/3,

3l7

Statutes public of last session, list of, 301
local and personal, 336, 350
private, 370, 387
Stockdale and Hansard's case, 362
Theobald's Poor Law Supplement, 447
Tidd's New Practice, reviewed, 123
Tithes Commutation Act, 268
Trade, restraint of, 106
Trading Companies Bill, 189
Transportation Punishment Act, 398
Trusts and trustees, law of, 54
Usury on Bills Act, 349
Vacation, long, 345
Venire, return of, 148
Vestry Notices Act, 348
Wagers, what are illegal, 53
Westminster Small Debts Court, 39, 98
Wife's equity, 107
William IV. as a legislator, 121, 258
Wills Act, 186, 204

effect of, 201, 257

cancelling, 253

revocation of, 442

searches for, 403

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