Gambar halaman

page 326

page 330

III. What debts provable. 11. In an action by assignees, if the 5. A commission issues against A. in

defendant do not give notice to disterm ; in the same term B. signs pute the trading, &c., under 6 G.4, judgment in trover against A.; the c. 16, s. 90, he ought not to be perjudgment having relation to the mitted to disprove the trading, semfirst day of term, overreaches the

ble. Bernasconi v. Lord Glengall, commission, and constitutes a debt

M. 8 G. 4.
provable under it. Greenaway v.
Fisher, M. & G. 4.

IV. Certificate.

I. Of a freehold
See infrà, 6.-CERTIFICATE, 1.

1. How pleaded.

285 (a) V. Second commission against uncer

BARON AND FEME. tificated bankrupt.

I. Marital rights. 6. A commission issued pending a

1. A contract of hiring and service former commission, under which

entered into by a married woman is the bankrupt bas not obtained bis

defeasible at any moment by the certificate, is void, and the certifi


169, 170 cate obtained under the second commission is a nullity. Till v. Wilson, II. Parochial settlement of wife. H. 8 & 9 G. 4.


See Pauper, 1.-SETTLEMENT, 4, 5. VI. Examination of debtors to the

estate before commissioners.

III. Plea of coverture.

VII. Examination respecting the estate
of the bunkrupt.

IV. Validity of marriage.

See EVIDENCE, 2, 3.
7. What answers sball be deemed sa-
572, 576, 577


See ATTORNEY, II. VIII. Actions by assignees. 8. Assignees cannot at first adopt the BILL IN EQUITY.

act of a creditor interfering with the See Devise, 6.-EVIDENCE, 6. bankrupt's effects as creating a contract, and afterwards disaffirm it as BILL OF EXCEPTIONS. a tort; although such act, if disaf

I. In criminal cases. firmed by them in the first instance, would bave amounted to a wrongful 1. First denied upon a trial for high conversion of the bankrupt's goods.

treason in Sir Henry Vane's case.

280 Brewer v. Sparrow, M. 8 G. 4. 2 9. Nor can they affirm the same trans

II. In civil cases. action in one part as a contract, and

See BANKRUPT, 3. disaffirm it in another as a tort.

BILL OF LADING. 10. Assignees may affirm the acts of a


1. Title of indorsce. person interfering with the bankrupt's estate, even though his acts

1. Parol evidence of title acquired by would amount to a conversion of the indorsement of bill of lading. 447 effects. if they had not thought fit to wave the tort and treat the party as

BILL OF MIDDLESEX. their agent.





standing in precisely the same situSee Lien, 3.- PARTNERS, 2.-Power

ation as an accepting drawee. OF ATTORNEY.-SURETY, J.

page 395 (a), 398 (a), 399 (a)

8. A bill accepted for the honour of I. Notice of dishonour.

the drawer, on the refusal of the 1. A. B. draws a bill at 30 days' sight drawee, must be presented to the

on A. B.:— The drawer is not enti- drawee at maturity, before the tled to notice of non-acceptance.

drawer can be charged. Williams v. Roach y. Ostler, M.8 G. 4. pagel 20 Germaine the younger, M. 8 G. 4. 2. Where A. B. draws on A. B.,

403 letter written by A. B. the drawer 9. A presentment to the acceptor for to the payee, expressing bis appre- honour only is not sufficient. ibid. hension that the bill would be dis- 10. Holder not bound to acquiesce in honoured, coupled with the fact,

acceptance for honour.

404 that the place to which the bill is 11. Nor to receive the principal from directed is the usual residence of the drawee witbout the expenses of the drawer when in England, is the protest. Semble.

399 (d) evidence from which the identity of 12. As to the nature of the liability of the drawer and the drawee may be

an acceptor supra protest, see inferred. ibid.

398 (a) II. W'aver of laches.

V. Protest.

13. Omission of averment of protest, 3. Laches of holder not waved by a

ground of special demurrer. promise of payment made in igno

401, 403 (6) rance of such laches.

123 (6)

VI. Accommodation bill.
III. Stamp

14. As to the period at which an ac

commodation bill creates a contract, 4. A., the acceptor of bills for 25l. and 501., both over due, pays 221. 108.

316 (6) to B., the holder, on account." B.

VII. Alteration. “I wish to have the full

15. As to alteration in date, see ibid. says, amount of the 251. bill."

A. re

VIII. Banker's deposit note. plies, “I have no more money now,

16. A banker's deposit note, "payable but will pay some more soon.'

B. at 10 days' sight, with 3 per cent. then indorses on the 251. bill,

interest until the day of acceptceived 22. 10s. in part of two bills :" ance.” need not be left for acceptB. may appropriate the payment to

Sutton v. Toomer, M. 8 G. 4. the 251. bill, though void for want

125 of a stamp. Biggs v. Duight, M. 17. “ Acceptance" in such an instru8 G. 4.

308 ment means demand.” ibid. And see infrà, 15, 16

BIRMINGHAM COURT OF IV. Acceptance supra protest.

REQUESTS. 5. Where B. accepts a bill for the

See Cornforth v. Lowcock, M. 8 G. 4. honour of the drawer, on the refusal

323 of A., the drawee, it must be


BONA NOTABILIA. sented again to A. for payment at 1. What shall be. 530,531, 532 maturity, before B. can be charged on bis acceptance. Williams v. Ger

BOND. maine the elder, M. & G. 4. 394 | See PLEADING, 9, 10.-VARIANCE, 1. 6. Even in the case of a bill payable

1. Surety bond. after sight.

Ibid. 1. Obligor of bond conditioned for the 7. But in foreign countries the ac- faithful service of A. while in the ceptor supra protest is considered as employ of B., not discharged by

3 A 2


[ocr errors]




page 497

giving notice that after a certain

CANAL. period he will be no longer answer- See MANDAMUS, 1.-Rates, 1. able. Semble, Calvert v. Gordon, M.

CAPIAS AD RESPONDENDUM, 8 G; 4. 2. Nor can the personal representa

See ATTORNEY, 12.- PRACTICE, 3, 4. tive of the obligor so discharge binn

CARRIAGES. self. Semble.


See Lien.
And see PLEADING, 11.

11. Arbitration bond.

I. Bankrupt's.

See BANKRUPT, 6. III. For the performance of covenants. 3. After judgment in an action of

1. After the first day of term, a comdebt on boud, it is no plea to say

mission of bankrupt issues against

A. Iv the course of the same term tbat the bond was conditioned for the performance of covenants, and

B. signs judgment against d. in that no breaches were assigned or

trover: the judgment is a debt provsuggested in the first action. Anon.

able under the commission, and A.'s M. 1 & 2 G. 4.

496 (a)

certificate is a bar to a sci. fa.

Greenway v. Fisher, M. 8 G.4. 330 BOUNDARY. I. Presumption as to the boundary

II. Game. line.

See CERTIORARI, ). 1. Where land, abutting on a ditch

III. Parish. and a lane, on each side belongs to 2. A certificate purporting to be different owners, the presumption granted to a pauper and his family, is, that the hedge and ditch on one

by four persons, as churchwardens side belong to the occupier of the

and overseers, is signed by two land on that side.


overseers and one churchwarden: 2. But no such presumption arises this is an execution by the major where the land on both sides be

part of the overseers and churchlonging to the same owner, he wardens within 8 & 9 W. 3, c. 30. demises to different tenants. ibid.

Rex v. Whitchurch, M. 8 G.4. 472 3. And if such owner demise tbe lane

3. Where such a certificate was given jointly to the respective tenants,

in 1758, and it appeared that the they become tenants in common of

signing churchwarden was nomithe lane.


nated at Easter, and sworn in Sep4. The owners of two adjoining houses

tember, the usual time for swearing separated by a wall, are presumed cburchwardens, and there was no to be tenants in common of that

proof of his having been sworn when wall, and not as seised in severalty

be signed the certificate, and the usque ad medium filum.

Wiltshire v.

parish relieved the pauper and his Siaford, M. 8 G. 4.


family in another parish, at various II. Destruction of boundaries. times from 1758 to 1827 : The 5. And in the absence of evidence of Court presumed that the churchis such seisin in severalty, no action warden was sworn before he signed page 472

can be maintained by the occupier the certificate, and beld the certifiof one house against the occupier cate good. Rex v. Whitchurch, M. of the other, for pulling down the 8 G. 4.

472 wall.

ibid. 4. Jurisdiction of magistrates must apBURGESS.

pear on face of certificate. 668 See ALDERMAN, 1.-CHARTER, 1, 5. Whether the execution of a certifi

2,5.- CORPORATION, 1, 12, 16. cate by a churchwarden who has See ATTORNEY, 12. The common council and a majority

not been sworn in, would be good,


See INSURANCE, 1. quære.

IV. Of ship's register. 6. How proved.



1. A select body in a corporation, de

signated as chief burgesses councilI. Where grantable.

lors, not necessarily aldermen. Rer 1. The Cowt will not grant a certio- v. Headley, H. 8 & 9G. 4. page 345

rari to remove a conviction under
52 Geo. 3, c. 93, for using a dog CHURCHWARDENS,
and gun without a certificate, on the

See CERTIFICATE, III.-OVERSEERS. ground that jurisdiction does not

- SELECT VESTRY, appear on the face of the conviction, without an affidavit, negativing the

CLERK. jurisdiction. Rer v. Long, M. 8

See Bond, 1, 2. G. 4.

II. Bail on.





I. Acceptance of 1. By a new charter a corporation, COMMISSIONERS OF INCLOformerly consisting of a mayor and

SURE. burgesses, was made to consist of

See INCLOSURE Acts. a mayor, aldermen, chief burgesses,

COMMITMENT. and burgesses; the three former to constitute the common council.


[ocr errors]

1. Form of warrant. of the burgesses expressed their 1. The warrant must specify the cause assent to the new charter, some by of commitment. voting at an election held under it, 2. Proper mode of describing cause of and others by a written declaration : commitment.

ibid. -Held, that this was a sufficient 3. On a question upon the legality of acceptance of the new charter. Rer the commitment of a witness by

v. Hughes, H. 8 & 9 G. 4. 625 commissioners of bankrupt, all the 2. Quære, whether a majority of the questions and answers must be look

burgesses need bave concurred in ed at as forming one examination i such acceptance.

ibid. and a witness cannot be committed 3. Tbe acceptance of a charter is ge- for not answering as to his belief as to

nerally proved by evidence of act- the intention of the bankrupt, unless ing under it.

636 other parts of bis examination shew 4. Whether an acceptance of a char

such helief to be material with reter is necessary, quære.

637 ference to the person, trade, deal5. Semble, that acceptance of a char- ing, or estate of the bankrupt. Ex

ter by a reasonable number of the parte Bagster, H. 8 & 9 G.4. 572

burgesses would be sufficient. ibid. 4. A warrant of commitment by one 6. Any unequivocal act of the parties, justice, under 39 & 40 Geo. 3, c. 94,

expressive of their desire to accept s. 3, stating that " A. had been disthe charter and to be governed by covered and apprehended under cirit, is a sufficient acceptance.

640 cumstances that denoted'a derange

623 ) 274 (d) and the mayor is to be chosen out 2. A onstable may present upon his



ment of mind, and a purpose of

CONTRIBUTION. committing a crime (that is to say, See General AVERAGE.--JOINT an assault and breach of the peace),

Stock COMPANIES. for which, if committed, he would

CONVICT. be liable to be indicted, and that it

See SettlEMENT, 5. appeared to the justice that he ought to issue a warrant for committing

CONVICTION. him as a dangerous person, suspect. See Distress, II.--JUSTICES, 1, 2.ed to be insane,” sufficiently

TRESPASS, 2, 3. presses the cause of commitment,"

J. Where formal. within the meaning of the statute.

See CERTIORARI, I. Ex parte Gourlay, H. 8 & 9 G. 4.


1. Upon the trial of an action for a See Escape, 1.

malicious prosecution a copy of the

indictment will be received in eviCOMPETENCY.

dence, in whatever manner it may See EVIDENCE, 4.-WITNESS, 1.

have been obtained. Cuddy v. Barlow, M.8 G. 4.


2. As to the right of the subject to in1. In a lease not under seal, and spect and obtain copies of indict

signed only by the lessee, it is sti- ments and other public records, see pulated and conditioned,that the

279 (a) lessee shall not underlet. These

COPYHOLD. words, without an express clause of

See SETTLEMENT, 6. re-entry, make the estate voidable by the lessor. Doe v. Watt, H. 8


694 1. Election to corporate offices.


1. A charter granted to a corporation by 1. Of creditors.

prescription, recognizes the existSee INSOLVENT DEBTOR, 2, 3, 4. ence of a body consisting of thirty

six chief burgesses, and directs that 11. Of parents.

the mayor, recorder, “ and the chief 1. By whom to be proved. 683, 685 burgesses, being the common coun

cil of the said borough, of which CONSIDERATION.

chief burgesses some are called, known, See PLEADING, I.

or distinguished, by the name and dis

tinction of chief burgesses councillors, CONSTABLE.

of the borough aforesaid, or the 1. Presentments by.

greater part of them, shall bave

power and autbority to choose, no1. What offences a constable


ininate, and appoint, a mayor, &c.," present.

of the chief burgesses councillors. own knowledge. Rer v. Justices of It creates a court of record within

Somersetshire, H. 8 & 9 G.4. 272 the borough, which is to be held 3. But this presentment must be made before the mayor, recorder, and

ibid. the chief burgesses councillors, before 4. So, if he go before a grand jury. whom also the sessions of the peace

ibid. are appointed to be held, out of CONTRACT.

whom the justices for the borough See AGREEMENT.

are to be chosen, and by whom

upon oath.

« SebelumnyaLanjutkan »