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Digested Index to the Cases reported.

4. The Court will not grant a new trial on the absolutely for her separate use, on attaining ground of the verdict, which was found for the her age of twenty-one. She married and exdefendant, being against evidence, the amount ecuted a settlement of the trust fund while in dispute being less than 51., and the trial still an infant: Held, that upon attaining her having taken place before the undersheriff. age of twenty-one, she took the bequest absoLyddon v. Coombes . . Page 294 lutely to her separate use, and the trustees

5. A new trial will not be granted on the were decreed to assign the same accordingly. ground of delay by pressure of business of the Johnson v. Johnson . . Page 195 court, though the statute of limitations thereby 6. A creditor having a mortgage security, deprives the plaintiff of his remedy. Brown v. signed, with other creditors of the mortgagor, Thornton . . .

. 26 a deed of trust, by which the inortgagor gave

his property to trustees for the benefit of his TRUST AND TRUSTEES.

creditors generally. The deed contained words 1. A devise of a rent-charge to a Roman

of exception as to mortgages : Held, that the Catholic priest and to poor Catholics, is amorgan

morgage creditor had not released his security. charitable trust, and may be enforced under

Lee v. Lockhart. .

. 306 the act 2 & 3 W: 4, c. 115; but if the suit to

USURY. establish the charity was pending at the passing of that act, the disposition of it devolves

1. Held, that an annuity of forty guineas on the Crown, as before that act. Attorney

for forty years certain, for the consideration of General v. Todd .

. 9

4001, is a violation of the usury laws, it ap2. Trustees lent a trust fund to the solicitor pearing from the evidence of the transaction in the matter of the trusts, on equitable secu

that a loan, and not a purchase, was contemrity, at 5 per cent. interest, without explain

templated, though the annuity deed puring the nature of the security to the cestuis

ported to be a bona fide purchase. Chillingsque trust : Held, that the trustees should

worth v. Chillingsworth . . . 59 make up the deficiency of the fund arising

2. The 58 G. 3, c. 93, applies only to perfrom the insufficient security, with interest on sons discounting bills or notes, or paying a the whole fund at 4 per cent. only. Hooker v. valuable consideration for them, and will not Platts .

: 209 | therefore protcct a person who takes in part 3. To an information, charging a breach of

payment of an existing debt a note tainted trust in ambiguous terms, upon one construc

with usury. tion of which there would be no breach of But the 3 & 4 W.4, c. 98, will protect such trust, a demurrer is allowed for the insufficiency person, if the note is payable within three of the allegations.

months; and a note payable on demand is Semble, it is no misapplication of the sur

within that statute a note payable within plus of the borough fund mentioned in the three months. Vallance v. Sidwell . . 260 5 & 6 W. 4, c. 76, s. 95, to pay therefrom the expenses of defending a quo warranto against

VENUE. an officer of the corporation, or the expenses 1. The defendant having changed the venue of petitions for the appointment of charitable in an action for a libel published in a news. trustees. Attorney General y. Norwich Cor- paper, on a common affidavit, the plaintiff will poration . . . . . 112 be entitled to his costs of a rule for taking the

4. One of two trustees transferred the trust venue back again, the defendant admitting that fund to the other, by whose default it was lost the rule should be absolute. Easthope y. to the cestui que trust in remainder : Held, Westmacott

: 61 that the estate of the solvent trustee after his | 2. An undertaking having been given by death, and after it was distributed among his the plaintiff to give material evidence in a par. legatees, was liable to supply the deficiency of ticular county, on an application to change the trust fund. March v. Russell, .339 the venue, an objection that such evidence has

5. A bequest was given to trustees during not been given must be made at the trial. the minority of a female, to be assigned to her How v, Pickard .

. 231

( 499 )

NAMES OF CASES.

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 Nor. wich, 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. Jenkens, 356 Braham v. Bowes, 25 Branson, in re, 85 Briggs 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
Clayton v. Marsham, 263
Collins v. Beaumont, 439
Correll v. Cottle, 45
Crosby v. Innes, 343
Dalton v. Tucker, 359
Denys v. Lucock, 355
De Řutzen v. Lloyd, 130
Doe d. Capps v. Capps, 116

- d. 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. Cardwell, 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 Glamnis, exparte Lady, 25 Gompertz, in re, 10 Gordon v. Dalzell, 260 Grainger v. Wilkes, 116 Graves v. Browning, 12, 26 Green v. Marsh, 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, ex parte, 101 Hooker v. Platts, 209 Hooper v. Vestris, 357 How v. Pickard, 231 Hughes v. Wynne, 308 Hurlock v. Smith, 40 Hutchinson v. Stephens, 258 Iken v. Plevin, 102 Jacobs v. Griffith, 230 Johnson v. Johnson, 195 Jones v. Hows, 30 -- v. Roberts, 40 - oy. Turnbull, 86 Kerr v. Cusac, 259 Kerrison v.Wellinborough,311

500

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
Lindsay 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 bail, 29
Moss v. Baldock, 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
Platt v. Hall, 117
Plummer v. Lee, 454
Pounsett v. Alexander, 290
Powell v. Duncan, 93
Poynder y. Black, 359
Preston v. Whiteheart, 407
Pritchard v. Macgill, 183
Reeder v. Whip, 230
Rex v. Berks Justices, 82
-y. Cumberland Justices,

82
- v. Earl Dundonald, 86

v. Harris, 372
- v. Hewitt, 310
--v. Lyine Regis Corpora-

lion, 406
- v. Morgan, 405

v. Newton, 210
-wy Poole Recorder, 211

v. Poor Law Commis-
sioners, 180, 374
-v. Rattislaw, 262

Names of Cases.

Rex v. Saint Pancras, 132
- v. Saint Albans, 481
Rice, in re, 13
Richards v. Dadley, 452
Riglıy v. Heron, 227
R inington v. Baker, 28
Robinson v. Creswell, 30

- - v. Taylor, 165
Rowbotham v. Dupree, 212
Ryland v. Wormwald, 135
Scott, in re, 99
Sharpe, ex parte, 358
Shearman v. M‘Knight, 292
Simpkin v. Nevers, 278
Sunith 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, 375
Stacey v. Jeffries, 2:29
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. Kidinore, 470
Tyler v. Campbell, 13
Vállance 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. Fraser, 275
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 Inule.r.

Accessory indicted after acquittal of princi., Chancery orders for hearing causes, 19, 32,118
pal, 75

Charnock's Digest of pleading Decisions, 19
Actions real, limitation of, 7

Children, mother's rights, 268
Acts of last session, summary of, 425

Church-rate mandamus, 283,
Advancing cause in cquity, 107, 377

Circuits of the Judges, 80, 148
Affidavits sworn in France, 127

Commissioners of Insolvent
Agents, lien of, 34

Debtors, 80, 391,
parliamentary, 137

paliny

Clerks' salaries, 179, 209
Agreement to withdraw opposition to bill in Coke's Life, by Johnson, reviewed, 464
parliament, 93

Common Law Offices Act, 284,
Appeal for murder, 411

fees, 353, 458
Archbold's Magistrate's Pocket Book, 191 Commons proceedings, publication of, 38 )
Articled clerks, 156, 305

Construction of new Statute of Limitation, 51
Manual, second edition, 433 Conveyancers, account of eminent, 91
Arrest abolishing, 194, 233, 305, 402 Copyright, amendment of law of, 65, 118, 125
Assignee of underlease, 122

Coroners' Expences, 22, 33, 56, 77, 112, 127,
Attendance at the law offices, 64, 104, 168

158, 304, 353
Attorneys, fees on admission of, 102

Act, 250
and Solicitors' Bill, 136

Costs of Prosecution Act, 428
Act, 217

Covenants running with land, 97
parliamentary return, 238

Coverture, Law of, Bill, 190 ,
taxes on, 4

County Courts, practising in, 178
re-admission, 70, 80

Criminal law, 140, 388, 409
striking off the roll, 239

Custody of Infants Bill, 23
admission of, 32, 69, 79, 146, 452 Death, punishment of, Act, 400
Jaw of, 35

Deeds, proving at the hearing, 18
charges, 258

setting aside, 155
admission going abroad, 299 Demurrable points under pleading rules, 49
signed bill, 372, 405

Descents, remarks on the new act, 188
on construction of late act, 469 Divorce, foreign, 122
Bail, affidavit to hold to, 421

Elections for members of parliament, 169
Bankrupts, see each Supplement

Electors, Parliamentary Bill, 75, 190
grievances of commissioners of, 154 | Equity, notes on, 18, 395
Bankruptcies superseded, see each Supplement Examiners of articled clerks in Chancery, 5
Bankruptcy Court Meetings, 432

Examination of article il clerks, 5, 16, 39, 47,64,
country administration of, 89

78, 80, 98, 103, 111, 207, 222, 272,
Fiat's bill, 192

290, 352
accountant's office, 324

questions at the, 23, 95
Barristers' examination, 57

Exchange, bills of, 39
called, 69, 146

Executions, parliamentary returns of, 140
Bell's, the late Mr. suggestions on equity re. Executor's liability, 220, 366, 434
form, 313, 368

accounts, 403
Best on the right to begin, reviewed, 254 Execution, charging in, 224
Bills of Exchange Bill, 39

Fees on attorneys admission, 102
Act, 349

for private seals in Chancery, 386
Biography, legal, 143, 415

for keys of Treasury abolished, 118
Blackstone, Sir William, biography of, 143 of House of Commons, 404, 430
Bonds in restraint of Trade, 106

on Chancery affidavits, 306
Burgesses of corporations, 38

at the Cominon Law offices, 353
Burglary Bill, remarks on the, 160

Feme covert, infant, 18
Act, 381

Feudal system, 394
Burning Ships and Buildings Act, 584

Fiats in Country Bankruptcy Bill, 192
Candidates who passed the examination, 158, Fines and Recoveries Act, 267, 451

Fleet prison, hours of office attendance, 168
Capias, indorsement of, 149

Foreign divorce, 122
Central Criminal Court, 190, 428, 353

potentates, suing in England, 426
Champerty and maintenance, 468

Forgery, punishment Act, 363
Chancery, Masters extraordinary, see each France, affidavits sworn in, how used, 127
Supplement

Franking Letters Act, 251
public and private seals, fees for, 386 | Greening's Forms of Pleadings reviewed, 219
parliainentary returns. 140

Hints for addressing juries, &c. 441, 457
reform in, 281, 329, 346, 361 Holidays at the Judges' chambers, 149
examiners of articled clerks, 5 Horse race, 347
affidavits, fees on, 306

Husband's liability for wife, 349, 369, 405, 452
Practice, by Sidney Smith, 18 Imprisonment for debt, 233, 402

223

422

502

INDEX.
Incorporated Law Society, 157, 220, 246, 325, Police offices, attendance at, 325

Polices of insurance, concealment, 176
Indemnity Act, 300

Poor removal Act, 429
Indicting accessories, 75

Law Conveyances Act, 443
Infant feme covert, 18

Practical points of general interest, passim
Infants Custody Bill, 23

Practice at judges' chambers, 128, 275, 339,
Insolvent debtor, 94, 203

386, 421
Insurance, concealment on effecting, 176 Privilege of parliament, 38, 362
Irving on the Civil Law, reviewed, 331 Producing cases for counsel's opinion, 35
Jews, disabilities of, 371

rate books, 332
Johnson's life of Coke reviewed, 464

Profession, prospects of the, 1
Joint stock company's right to apply to par- | Property lawyer, passim

liament for further power, 73 Properly, restitution of, 3
Joint stock Company, 123

Proving deeds at the hearing, 18
chambers' practice, 128, 275

Punishment of Death Act, 400
Judge, sending money to, 202

Questions at the examination, 23, 95
Justices, Lords, Bill, 190

Railway company, remedy against, 258
Kent's Commercial and Maritime Law, 203 Rates, Highway Bill, 75
Law reporting, present system of, 17

producing books, 332
Outlines of, reviewed, 36

Re-admission of attorneys, 70
reform, progress of, 105, 153

Recorders' Courts Act, 332
Mr. Bell's suggestions, 313 Register of Voters Bill, 76
association, 206

Reform of Law, progress of, 105
Lease, assignee of 122

Replevin proceedings, 128
Lectures, on law, 224

| Reporting, law, present system of, 17
Legacy duty, when testator dies abroad, 297

Reversionary interest, price of, 427
Lewin on Trusts and Trustees, 54

| Reviews, see nanes of Authors
Lien of agents, 34

Revising votes, 393
how parted with, 126

Reviyor of suit for costs, 395
Limitation of Real Actions, 7, 347

Robbery and Stealing Act, 382
construction of new act of, 51 Robinson's Magistrate's Pocket Book, 191
Mandamus for church rate, 283

Rouse's Practical Man, reviewed, 177
Marriage, law of by banns, 2

Copyhold and Court-keeping. 271
and Registration Act, 170, 448 Shelly's case, 468
Martin's Conveyancing, reviewed, 379

Sheriffs? Fees Act, 299
Masters extraordinary in Chancery, see each | Sheriffs’ Courts Bill, 7, 149
Supplement

Sittings at Common Law, 14, 120, 160
Maugham's Outlines of Law, 36

in Chancery, 32, 47, 119, 295
Merger of terms, 149

Exchequer Equity, 61, 150
Members of the profession in parliamens 269, Small Debts Courts, 39, '108
298

Smith's Chancery Practice, reviewed, 18
Miscellanea, end of each Number

Snigge, Serjeant, disputed opinion of, 77
Mistakes in Acts Bill, 157

Solicitor, see Attorney
Mortgagee's right to compound interest, 304 Son's security to father, 378
Mother's rights as to children, 268

Standing orders in parliament, 244, 256, 273,
Municipal Corporations Act, 444, 458

317
Naturalization Acts, expence of, 224, 275 Statutes public of last session, list of, 301
New Books reviewed, see Names of Authors.

local and personal, 336, 350
list of, see each Supplement

private, 370, 387
rules and orders of Court, 19, 95, 104, Stockdale and Hansard's case, 362
118

Theobald's Poor Law Supplement, 447
New South Wales, administration of justice Tidd's New Practice, reviewed, 123
Bill, 190

Tithes Commutation Act, 268
Oaths abolishing, Lords report on, 418 Trade, restraint of, 106
Offences against the Person's Act, 363

Trading Companies Bill, 189
Office attendance, 64, 178, 194, 208, 219, 353 Transportation Punishment Act, 398
Offices, building new law, 265, 322

| Trusts and trustees, law of, 54
Opposition to bill in parliament, 93

Usury on Bills Act, 349
Orders in Chancery, 19

Vacation, long, 345
Equity Exchequer, 95

Venire, return of, 148
parliament, 244, 256, 273, 317 Vestry Notices Act, 348
Parliamentary proceedings, passim

J Wagers, what are illegal, 53
agents, 137

Westminster Small Debts Court, 39, 98
Electors Bill, 75

Wife's equity, 107
session, close of, 185

William IV. as a legislator, 121, 258
Partnerships dissolved, see each Supplement Wills Act, 186, 204
Partnership, proposed alterations in law, 156

effect of, 201, 257
Pillory Abolition Act, 428

cancelling, 253
Piracy Act, 383

revocation of, 442
Pleading issuably under terms, 128

searches for, 403

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