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See EVIDENCE, 9.-STAMP, 3.
1. A contract of hiring and service may be lawfully made on a Sunday. Rer v. Whitnash, M. 8 G. 4. 452
II. On whom binding.
2. An agreement between vendor and vendee of a chattel, that the former may resume the possession if the
assignment of a public-house lease, subject to a net yearly rent, and to common and usual covenants, the party cannot refuse to accept an assignment, on the ground of a covenant, on the part of the tenant, to pay sewers' rates and land tax. Bennett v. Womack, H. 8 & 9 G. 4.
page 644 4. It is no defence to an action on an agreement to accept an assignment of the lease of a public-house, that the lease contains a proviso for reentry, in the event of the premises being applied to the carrying on of any business except that of a victualler, where it is proved that the major part of such leases contain such a proviso, and where no objection is taken on this ground until the trial. 644 5. Whether a contract for a partnership is necessarily "an agreement, where the matter thereof is of the value of 207. or upwards," within the Stamp Act, quære. 263 (b)
price be not duly paid, is a personal 1. Defective declaration for. 286 (a)
contract, not binding on the alienee
or on the personal representative of vendee. Howes v. Ball, M.8 G. 4.
III. Construction of.
3. Under an agreement to accept an
I. Of term of years. See AGREEMENT, 2, 3.
ASSISTANT OVERSEERS. See OVERSEERS, 2, 3.
I. Where the proper form of proceeding.
I. Against sheriff. See PRACTICE, 4.
See APPRENTICE, 1.-POWER Of At-
I. Duty of attorney.
1. A. delivered papers to B., an attorney, telling him" that she was entitled to an estate, and that she would pay him if she recovered it." B. took the papers, saying, he would do what he could for her,' "that and without further communication commenced an action of ejectment, which he afterwards abandoned, under the conviction that A. had no title:-Held, that B. acted without due authority, both in commencing and discontinuing the ejectment, and was not entitled to recover the costs thus incurred Tabram v. Horn, M. 8 G. 4. 228 2. It is the duty of an attorney of a a trustee to see that his client proceeds in such a way as to be entitled to reimburse himself out of the estate. 3. An attorney should take a written 245 retainer. 243
II. Bill of costs. Vide suprà, 1.
4. A joint stock company, in which 4., B., and C., are shareholders, is dissolved; A. and B. being sued by a creditor of the concern, employ C., who is an attorney, to defend
them:-Held, that C. cannot sue A. and B. for his bill of costs. Milburn v. Codd, M. 8 G. 4. 5. An attorney cannot recover from 238 the assignee of an insolvent debtor, the amount of a bill of costs incurred in proceedings requiring the consent of a meeting of creditors, without proving that such consent was obtained, or that the client was informed he was proceeding at his own risk. Allison v. Rayner, M. 8 G. 4. 6. Whether an attorney's bill con241 taining the particulars of charges in an action A. v. B., and then stating "A. v. C. the like costs in this action as in A. v. B., although the proceedings were considerably longer," is sufficient, quære. 7. As to mistakes in an attorney's bill, Ibid. 245 (6)
III. Remedy of creditors against. 8. Liability of an attorney to be made bankrupt. 546 (a)
IV. Remedy of client against. 9. An attorney, when ordered to deliver up the papers of his client, must deliver up the drafts of deeds for which he has charged and been paid, as well as the deeds themselves. In re Horsfall, M. 8 G. 4.
10. Acknowledgment by attorney that 306 he has received certain deeds requires no stamp. 11. Liability of an attorney for neg526 ligence 230 (a)
V. Remedy of strangers against. 12. Attorney committed for suing out capias against a peer.
I. In what cases valid,
2. Where an auctioneer selling an estate by public auction, receives the deposit, and signs an agreement to complete the sale, and the sale not completed on account of a defect of title:-the purchaser may recover the deposit in an action for money had and received against the auctioneer, though the latter has paid it over to the vendor, without notice from the purchaser not to do so, and before the defect of title was ascertained. 3. An auctioneer signing a contract by which he agrees to complete the sale agreeably to the conditions binds himself as a principal. ibid.
And if the judge decide that the facts constitute an act of bankruptcy, and a bill of exceptions be tendered, the court of error will award a renire de novo.
II. Form of commission.
4. Where a commission stated that A. and B., bankers, being traders according to the provisions of 6 G. 4, c. 16, some time since became bankrupts, within the intent and meaning of that statute:"-Held, a sufficient allegation that the bankrupts had traded, and committed acts of bankruptcy, during the operation of that statute. ibid.