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Paid part of the Sheriff's Fee on leaving the same (No more

to be paid if the Record be withdrawn before Trial.)

Attending Court on Trial

Paid rest of Fees of Trial

Notice of taxing

Affidavit of Increase

Paid filing Affidavit (whether Town or Country)

Bill of Costs and Copies

Attending taxing

Paid taxing (in K. B. and Exchequer)

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SCHEDULE III.

Where Cause is tried at Nisi Prius, and Verdict for 201., or under.

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Costs not to be taxed until Judgment signed, unless the parties compromise without Judgment.

Where Fi. Fa. and Warrant (as before)

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AN

INDEX

TO THE

PRINCIPAL MATTERS.

ABUTTALS, DESCRIPTION OF,
IN LEASE.

See LEASE, 1.

ACTION.

See PARTNERship, 1, 2.

ACTION, COMMENCEMENT

OF.

See INCLOSURE Act, 1.

ACTION ON THE CASE.

1. A. erected a mill in 1823 on his
own land, the former owner of
which had for twenty years be-
fore 1818 appropriated the water
of a stream running through it,
to the purposes of watering his
cattle and irrigating his land. In
1818, B. had erected a mill near
the same stream, and the owner
and occupier of A.'s land then
gave a parol licence to B. to make
a dam at a particular spot, and
take what water he pleased from
that point, which water was SO
VOL. V.

taken, and returned by pipes into
the stream above the spot where
A.'s mill was afterwards erected.
In 1818 B., without licence, con-
veyed part of the water which
had before flowed into the stream
from certain springs, into a re-
servoir for the use of his mill.
In 1828, A. appropriated to the
use of his mill all the surplus
water which flowed through and
over the dam, and which was not
conducted into the reservoir. In
1829, A. demolished the dam
erected by B., and gave him
notice not to divert the water.
B. then erected a new dam lower
down the stream, and by means
of it diverted from A.'s mills, at
some times, all the water before
appropriated by A.; at others, a
part of it; and the water when
returned into the stream, was in
a heated state: Held, on special
verdict,

First, that whether the right to
the use of flowing water be in the
first occupant, or in the possessor
of the land through which it flows,
was entitled to the surplus water;
for he was first occupant of that,
and also owner and occupier of

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the land through which it flowed, and might maintain an action for the injury sustained by the abstraction or spoiling of such surplus water.

Secondly, that A. was in like manner entitled to recover in respect of the water diverted by B. at his new dam; because the licence granted to B. by the former occupier was, to take the water at one particular point, and not at the place where his dam was made; and further, because if the licence had been general to take at any place, it would have been revocable, except as to such places where it had been acted on, and expence incurred; and it was revoked before the last dam was erected.

Thirdly, that A. was entitled to recover for the water diverted from the springs, and collected in a reservoir in 1818: for the possessor of land through which a natural stream flows, has a right to the advantage of that stream flowing in its natural course, and to use it when he pleases for his own purposes; no adverse right having been acquired by actual grant, or by twenty years' enjoy

ment.

Whether such possessor of land can maintain an action for the mere violation of such general right by diversion of the water, &c., without having sustained any special injury, Quære. Mason v. Hill, T. 3 W. 4. Page 1 2. An action of deceit does not lie against a person making an untrue representation to another, on the faith of which the hearer acts, and thereby incurs damage, if the party making such representation did not know it to be untrue.

The owners of a ship circulated advertisements of sale, beginning with a description of the ship,

which stated her to be copperfastened; after which was a notice, that the hull, masts, yards, and rigging, were to be taken with all faults. Under this was printed the word "Inventory," which was followed by a list of the ship's stores and tackle; and there was then a further announcement, that the vessel and her stores were to be taken with all faults, and without allowance for weight, length, quality, quantity, or any defect whatever. The owners afterwards executed a written contract of sale, not stating the vessel to be copper-fastened, but containing this clause: "On payment of the purchase money, the said brig. with what belongs to her, shall be delivered according to the inventory which hath been exhibited; but the said inventory shall be made good as to quantity orly; and the said brig, together with her stores, shall be taken with all faults, in the condition they now lie, without any allowance for weight, length, quality, or any defect whatsoever:"

Held, (assuming that the advertisement could, by words of reference, be incorporated with the contract of sale,) that the word "inventory" in the contract, referred only to the list of stores, &c. and not to the prior part of the advertisement: and, therefore, that on the two documents taken together, no warranty appeared that the ship was copper fastened. Freeman v. Baker and another, M. 4 W.4. Page 797

ADMINISTRATION.

See SETTLEMENT BY RENTING A TENEMENT, 1.

ADMIT

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See MANDAMUS, 3, 4. 7. SESSIONS.

The parish of Bishop Wearmouth

has no overseers of the poor; but contains several townships, separately maintaining their own poor, and having distinct overseers. Two of these townships are called Bishop Wearmouth and Bishop Wearmouth Panns. Paupers, whose settlement was in Bishop Wearmouth Panns, were, by an order of justices, directed to be removed to the parish of Bishop Wearmouth. The order served on the overseer of Bishop Wearmouth Panns, who refused to receive the paupers (on the ground that that township was not named in the order) unless certain expences were waived.

was

This being refused, the paupers were taken away. The removing parish afterwards served the churchwarden of the whole parish of Bishop Wearmouth with the order, and delivered the paupers to him. The latter took the paupers to the workhouse of Bishop Wearmouth township, where they were maintained:

Held by Denman C. J. and Littledale J., Taunton and Patteson Js., dubitantibus, that the inhabitants of the township of Bishop Wearmouth, although they were not bound to maintain the pauper under the order, had reasonable ground for thinking that they might be aggrieved by it, and therefore were entitled to appeal. The King v. The Inhabitants of Bishop Wearmouth, H. 4 W. 4. Page 942

APPORTIONMENT OF RENT.

See LEASE, 2.

APPURTENANCES.

See WAY.

ARBITRAMENT.

See STOPPAGE IN TRANSITU, 2.

1. A replevin suit, and all matters

in difference touching the distress, were referred to arbitration; the costs of the suit to abide the event. The arbitrator awarded, that the rent was 14., and that 67. were due for rent at the time of the distress; that the plaintiff in replevin should pay the defendant 67., and that the action should be no further prosecuted. It did not appear for what rent the defendant had avowed:

Held, that the award did not shew who ought to pay the costs, which were to abide the event of c 2 the

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