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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
I. Family of Irishman.
1. The wife and children of an Irishman, who has no settlement in England, and absconds, leaving them chargeable, must be removed to the place of the wife's last legal settlement, and cannot be passed to Ireland, under the 59 Geo. 3, c. 12, s. 33. Rex v. Cottingham, M. 8 G. 4. 439
II. Within age of nurture. 2. The sessions quashed an order of removal both as to a married
woman and a child who accompanied her:-Held, that they thereby virtually declared the child to be within the age of nurture, and irremovable from the mother, and that the Court might presume the fact to be so. Rex v. Brington, M. 8 G. 4...
1. Presumption of. ' Sce BILLS AND NOTES, 2, 3, 4.
to say," is bad, for not averring | 8. 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. 285 5. A. having, at my request, consented to stay proceedings against B., I, C., do hereby, in consideration thereof, promise to pay 501. 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.
In a plea justifying antrespass under the warrant of a magistrate, all the facts constituting the jurisdiction must be alleged, and are issuable.
IV. Replication, &c.
9. To debt on bond conditioned "to
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. 66
3. A power of attorney, to pay and receive money, buy and sell lands, bring and defend actions, give and take releases, indorse and negotiate bills of exchange payable to the principal, and generally to perform all other affairs and concerns of the principal, does not authorize the attorney to accept bills drawn on the principal.
See AFFIDAVIT. BAIL, 1.-COSTS, 1. 3. EVIDENCE, 12, 13.-NEW TRIAL, 1.—PRESENTMENT, 1.— PROCEDENDO, PROTESTATION, 1.-USURY, 2.-VENUE, 1.-STAY OF PROCEEDINGS, 1.
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.
9. Secus, with regard to a party re-
12. Where upon the plaintiff's evidence, the judge intimates a strong opinion in favour of the defendant, upon a point decisive of the cause, and in consequence of such intimation, the defendant's counsel omits to call evidence in support of a different point intended to be raised by way of defence, the Court will direct a new trial only, and will not order a verdict to be entered for the plaintiff. Le Fleming v. Simpson, M. 8 G. 4.
269 13. Upona covenant to use on demised premises all dung, straw, soil, compost, ashes and manure made thereon, a breach is assigned in not using on demised premises all dung, straw, soil, compost, ashes and manure made thereon, but on the contrary thereof, taking away straw, soil, ashes and manure. Plea, that defendant did not take away the said straw, compost, ashes and manure. A verdict being found for the plaintiff upon the 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.
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 damages as to the soil, or generally as to the premises in the breach not covered by the plea. Marrack v. Ellis, M. 8 G. 4. 511
VI. Proceedings against sheriff. 14. After a rule to bring in the body, defendant has the same time to
1. Of offences.
1. The presentment by a constable of any offence, whether at the assizes or quarter sessions, must be made upon oath, before the grand jury. Rex v. Justices of Somersetshire, M. 8 G. 4.