1

page 640

2

TLEMENT.

partnership, so as to convey to 1. Mere lapse of time will prima facie each an implied authority to bind support a plea of payment. page 596 the other by the acceptance of bills 2. So it will justify return of payof exchange for disbursements in ment to a mandamus.

ibid. respect of the farm. Greenslade v. Dower, H. 8 & 9 G. 4.

II. Application of
See Biggs v. Dwight, M. 8 G. 4.

308, 311 (a) PARTY AGGRIEVED. 1. Costs to prosecutor of an indictment for obstructing a highway

PEERS.

TRITTU! where party aggrieved. 527, 528 2. Wbere necessary to shew in notice

See ARREST, 1.-ATTORNEY, 12.of appeal that appellant is a party

PRACTICE, 3, 4, 5. aggrieved.

547

mille

PERFORMANCE.
PARTY WALL.
See BOUNDARY, 4.

See PLEADING, 7,

!] -1/ PAUPER.

PER QUOD SERVITIUM AMISIT. See Certificate, 2.-EVIDENCE, 8, 9,

See TRESPASS, 1.1 11.-- Rares, 1.- Relief.-- Set

"

PLEADING. I. Family of Irishman. 1. The wife and children of an Irish- See Costs, 7.-Evidence, 4, 10.

man, who has no settlement in PROTESTATION, I–VARIANCE, 1. England, and absconds, leaving them chargeable, must be removed

I. Declaration. to the place of the wife's last legal

See ARBITRAMENT, 1. settlement, and cannot be passed 1. A count in assumpsit for money to Ireland, under the 59 Geo. 3, bad and received by defendant, as c. 12, s. 33. Rex v. Cottingham, executor, to the use of plaintiff, M. 8 G. 4.

439

cannot be joined with a count for 11. Within age of nurture.

money due to plaintiff for defend2. The sessions quashed an order of

ant, as executor, upon an account removal both as a married

stated with bím of money due from woman and a child who accom

him, as executor. Ashby v. Ashby, M. 8 G. 4.

180 panied ber:--Held, that they thereby virtually declared the child to

2. Quære, whether the latter count be within the age of nurture, and

can be joined with a count for irremovable from the mother, and

money paid by plaintiff to the use that the Court might presume the

of defendant, as executor. ibid. fact to be su.

Rex v. Brington, 3. A declaration stating, that defendM, 8 G. 4.

ant "published a false, scandalous, 431

malicious, and defamatory libel of PAYMENT.

and concerning plaintiff, containing ki, I. Presumption of.

among other things the false, scan

dalous, malicious, defamatory, and Sce Bills and Notes, 2, 3, 4. libellous matter following, that is

to

page 668

page 281

to say,' -- is bad, Ifor not averring | 8. In a plea justifying-a trespass
that such libellous matter was" of under the warrant of a magistrate,
and concerning the plaintiff;” un- all the facts constituting the juris-
less the words set out distinctly diction must be alleged, and are
point to the plaintiff, or that appli- issuable.
cation is given to tbem by an innu-
endo. Clement v, Fisher, M. 8 G. 4.

IV. Replication, &c.

9. To debt on bond conditioned “to 4. A declaration omitting to allege a replace stock, with all dividends fact, witbout proof of which at the which shall accrue due upon

the trial the judge ought not to have same, from the date of the bond, directed, or the jury to have found

upon three months' notice," defenda verdict for the plaintiff, cured by ant pleaded that plaintiff did not such verdict.

285

give three months' notice to replace 5. A. having, at my request, consented the stock, with the dividends which to stay proceedings against B., I, C.,

would have become due for the same do hereby, in consideration thereof, from the date of the bond. Repromise to pay 501. on account on

plication alleged, that more than the first day of April vext, and the three months before action, plaintiff further sum of 531. within four

gave notice, at the expiration of months next ensuing the first day three months to replace the stock, of April." A declaration on this with all dividends which had accrued agreement, stating, that in consi

due on the same from the date of the dei ion that A., at the request of bond, and then went on to ssign C., would consent to suspend pro- a breach in the non-transfer of the ceedings against B., C. promised to stock :--Held, that the notice set pay to A. 301., and that A. did

out in the replication was sufficient; suspend proceedings against B., dis

.

and that the assignment of the closes a sufficient consideration, breach was unnecessary and inavers a sufficient performance, and formal, but that the objection could is supported by the terms of the

be taken only by way of special deagreement. Payne v. Wilson, M. 8

murrer, for duplicity. Hudson v. G. 4.

708
Smith, M. 8 G. 4.

489 6. Inspection of papers granted for 10. If a plea to a declaration on an inthe purpose of framing declaration.

demnity or surety bond, states, that

571 the principal duly accounted, and II. Indictment,

the replication alleges the receipt of 7. Indictment for obstructing a high

several sums for wbich he did not way, charging," that defendant re

account, and the rejoinder states moved a culvert in the parish of S.,

that these sums were received from

C. D. and E. and that A. did not opposite to a mill there, in a highway there, leading from S. to H.:

account, a sur-rejoinder, alleging Held, good on motion in arrest of

that the moneys stated in the repli

cation are other and different from judgment. Rex v. Knight, M. 8 G.4.

217

those specified in the rejoinder, and

page 114 (6)

page 298

9. Secus, with regard to a party re- justify bail, as 'the sheriff to bring siding in this country, semble. in the body, viz. four days in town,

and six in country causes,

Whittle 10. Although the party be actually v. Oldaker, M. & G. 4.

travelling in Scotland, semble. ibid. 15. A rule to bring in the body does 11. As to what papers may be natu- not bind plaintiff to proceed by

rally supposed to be placed in the attachment; at the expiration of hands of the attorney, see 115 (6) that rule, he may sue upon the

bail bond.

ibid. V. Trial. 12. Where upon the plaintiff's evi

VII, Irregularity

TI dence, the judge intimates a strong 16. Where the service of a writ is opinion in favour of the defendant,

irregular, but the defendant, on upon a point decisive of the cause,

receiving notice of declaration, and in consequence of such inti

says, “ It is all right, I will call mation, the defendant's counsel

and settle the debt and costs;" omits to call evidence in support

the irregularity is waived. Lloyd of a different point intended to be

v. Hawkyard, M. & G. 4. 320 raised by way of defence, the Court will direct a new trial only, and will not order a verdict to be PRÆROGATA SOLUTIO. entered for the plaintiff, Le Fleming v. Simpson, M. 8 G. 4.

1. A debtor is not guilty of legal

269 usury in exacting an exorbitant sum 13. Upon a covenant to use on demised

as a consideration for the payment premises all dung, straw, soil, com

of the debt before the time at wbich

it is demandable. post, ashes and manure made there

151 (6) on, a breach is assigned in not using on demised premises all

PREAMBLE. dung, straw, soil, compost, ashes

See STATUTES, I. and manure made thereon, but on the contrary thereof, taking away straw, soil, ashes and manure.

PRESCRIPTION. Plea, that defendant did not take

I. How pleaded. away the said straw, compost, ashes

See

286, n. and manure. A verdict being found for the plaintiff upon the

PRESENTATION. supposed insufficiency of the plea, without the production of evidence, See Deeds, 2.-QUARE IMPEDIT, 2. the Court refused to enter a nonsuit, or direct a new trial. The

PRESENTMENT. proper course seems to be, to enter a verdict for the defendant upon See Bills and Notes, 3, 4.-Highthe breach, with an assessment of

WAYS, 1. damages as to the soil, or generally as to the premises in the

1. Of offences. breach not covered by the plea. 1. The presentment by a constable of Marrack v. Ellis, M. 8 G. 4. 511

any offence, whether at the assizes

or quarter sessions, must be made VI. Proccedings against sheriff.

upon oath, before the grand jury. 14. After a rule to bring in the body, Rex v. Justices of Somersetshire, defendant has the same time to M. 8 G. 4.

272