I. Duty of overseers.

1. The refusal by an overseer to allow a parishioner an inspection of a poor rate, constitutes the latter a party aggrieved, and the former a defaulter, within 17 Geo. 2, c. 3, s. 3. Bennett v. Edwards, M. 8 G. 4. page 482 2. Whether an assistant overseer is a person within that statute, quære. ibid. 3. In an action upon that statute, it must be proved that, under his appointment by the select vestry, it is the duty of the overseer to produce the rate.

OYER.

See VARIANCE, 1.

PARENT AND CHILD.

ibid.

See PAUPER, 1, 2.-SETTLEMENT, 8.

PARTNERS.

See ATTORNEY, 2.-JOINT STOCK COMPANY, 1, 2.-TRESPASS, 4. I. Liability of, to third persons. 1. 4. pays money for shares in a mine to B., describes himself as treasurer of the mine, and receives from persons calling themselves directors, a memorandum purporting that A. is a proprietor of shares, and that his name is entered in the cost book. A. in writing, and in conversation, acknowledges himself to be a shareholder, and receives money from B. as treasurer, on account of supposed profits, but no deed is executed, nor is there any assignment of any interest in the mine from the lessee-Held, that A. is not liable for supplies furnished the mine, unless furnished on his credit. Vice v. Lady Anson, M. 8 G. 4. 113 2. A joint interest in and occupation of a farm by two persons, is not a

where party aggrieved. 527, 528

PEERS.

PRACTICE, 3, 4, 5.

of appeal that appellant is a party aggrieved.

547

285

to say,"is bad, for not averring that such libellous matter, was" of and concerning the plaintiff;" unless the words set out distinctly point to the plaintiff, or that application is given to them by an innuendo. Clement v. Fisher, M. 8 G. 4. page 281 4. A declaration, omitting to allege a fact, without proof of which at the trial the judge ought not to have directed, or the jury to have found a verdict for the plaintiff, cured by such verdict. 5. 4. having, at my request, consented to stay proceedings against B., I, C., do hereby, in consideration thereof, promise to pay 507. on account on the first day of April next, and the further sum of 53. within four months next ensuing the first day of April." A declaration on this agreement, stating, that in consideration that A., at the request of C., would consent to suspend proceedings against B., C. promised to pay to A. 301., and that A. did suspend proceedings against B., discloses a sufficient consideration, avers a sufficient performance, and is supported by the terms of the agreement. Payne v. Wilson, M. 8 G. 4. 708 6. Inspection of papers granted for the purpose of framing declaration.

8. In a plea justifying a trespass under the warrant of a magistrate, all the facts constituting the jurisdiction must be alleged, and are issuable. page 668

IV. Replication, &c.

Re

9. To debt on bond conditioned "to replace stock, with all dividends which shall accrue due upon the same, from the date of the bond, upon three months' notice," defendaut pleaded that plaintiff did not give three months' notice to replace the stock, with the dividends which would have become due for the same from the date of the bond. plication alleged, that more than three months before action, plaintiff gave notice, at the expiration of three months to replace the stock, with all dividends which had accrued due on the same from the date of the bond, and then went on to assign a breach in the non-transfer of the stock-Held, that the notice set out in the replication was sufficient; and that the assignment of the breach was unnecessary and informal, but that the objection could be taken only by way of special demurrer, for duplicity. Hudson v. Smith, M. 8 G. 4. 10. If a plea to a declaration on an indemnity or surety bond, states, that the principal duly accounted, and the replication alleges the receipt of several sums for which he did not account, and the rejoinder states that these sums were received from C. D. and E. and that A. did not account, a sur-rejoinder, alleging that the moneys stated in the replication are other and different from those specified in the rejoinder, and concluding to the country,-is good. Calvert v. Gordon, M. 8 G. 4. 497 11.Where to a quo warranto information defendant pleaded that he was elected by the major part of the common council duly assembled, a replication stating that notice of the

489

1. To be construed strictly. 79, 708 2. A power of attorney "for me, and on my behalf, to pay and accept such bills of exchange as shall be drawn or charged on me, by my agents or correspondents, as occasion shall require;" authorizes the attorney to accept such bills only as are drawn upon the principal by his agents or correspondents in that character, and in respect of the private transactions, and on the individual account, of the principal. Attwood v. Munnings, M. 8 G. 4.

I. Process. 1. Where a Bill of Middlesex issues, upon an affidavit of debt duly sworn, pursuant to the 12 G. 1, c. 29, s. 2, an office copy of the same affidavit will authorize the issuing of a latitat into a different county. Baker v, Allan, M. 8 G. 4. page 232 2. A term must not intervene between the return of an alias, and the issuing of a pluries, bill of Middlesex. Willett v. Archer, M. 8 G. 4. 317

3. An Irish peer not liable to be sued by capias ad respondendum. Coates v. Lord Hawarden, M. 8 G. 4. 4. Although the capias be serviceable or formal only. 113, n.

110

5. Upon a plea of peerage in abate

7.

ment the Court will not postpone the trial at the instance of the defendant. Wade v. Birmingham, H. 60 G. 3. & 1 G. 4. 111, n.

II. Particulars of demand. As to mistakes in particulars of demand, see 245 (b)

IV. Notice to produce. And see ESCAPE, 1.-INSPECTION OF PUBLIC DOCUMENTS, 1.

8. Where a party to an action is re

sident abroad, all papers having a
direct bearing on the cause will be
presumed to be put into the hands
of his attorney, and a reasonable
notice to that attorney will be suf-
ficient.
114 (b)