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three per cent., and by the assent 11. Particular statutes cited or com
See ATTORNEY, 9, 10.
6. An award by commissioners of in-
7. A bond conditioned for the pay-
See LEASES, 3.
Vide suprà, 3.
37, c. 9. Usury.
page 207 (a)
5 & 6, c. 20. Usury.
8. A receipt stamp necessary only 8 & 9, c. 11. Bonds-Assessment of
where a subsisting debt is dis
VIII. Unstamped documents where admissible for collateral purposes.
150, 203, 207 (a) George 1.
9, c. 7, s. 5. Settlement by estate.
See JUSTICES, 1.
I. How construed.
1. In construing local acts, the Court
5, c. 30. Bankrupt.
13, c. 22, s. 7. Settlement of paupers.
17, c. 3. Overseers-Rates.
2, c. 23. Attorneys' bills.
2. The Court will not stay the proceedings on the ground of the pendency of another action, for the same cause, against the defendant jointly with another person, except in a case of oppression or vexation. If such a case is made out, they will interfere in a summary manner, or allow the party to plead in abatement, notwithstanding the four days have expired, semble. Sowter v. Dunston. M. 8 G. 4.
508 3. Under 8 & 9 W. 3, c. 11, s. 8, on scire facias on a judgment on a bond. 490 (a)
Force of this word.
See BOND, 1.-PLEADING, 6.
1. Where discharged.
}. A creditor by entering into a binding engagement to give time to his debtor discharges a surety. 562 (a) 2. Unless in the contract for the indulgence, the liability of the surety is expressly reserved. ibid. 3. A, the creditor of B., by bills for which C. and D. are sureties, by a deed to which B. and C. are parties, discharges B. and C., reserving his remedies against D.;-such reservation is not defeated by a stipulation that the bills shall be delivered up, it appearing that such stipulation was intended to be so modified as to give to A. the benefit of such reservation. Maltby v. Carstairs, H.8 & 9 G. 4.
I. Waver of tort. 1. As to waver of tort by affirmance of the wrongful act, see Bernasconi v. Lord Glengall, M. 8 G. 4. 326
II. Actions for tort.
See ACTION ON THE CASE.-TROVER. -TURNPIKE ROADS.
See CORPORATION, VI.
See ERROR, 2.
sideration of her services, though she be a married woman at the time the injury is sustained. Harpur v. Luffkin, M. 8 G. 4. page166
II. For false imprisonment.
2. Plaintiff appeared before defendant, a magistrate, to answer the complaint of A., for unlawfully killing his dog. Defendant advised plaintiff to settle the matter, by paying a sum of money, which plaintiff declined. Defendant then said, "he would convict plaintiff in a penalty under the trespass act, in which case he would go to prison." Plaintiff still declined paying, and said "he would appeal." Defendant
then called in a constable, and said, "take this man out, and see if they can settle the matter; and if not, bring him in again, as I must proceed to commit him under the act." Plaintiff then went out with the constable, and settled the matter, by paying a sum of money:-Held, that this was an assault and false imprisonment. Bridgett v. Coyney, M. 8 G. 4.
211 3. And as no conviction had been drawn up, defendant could not justify. ibid.
III. Quare clausum fregit.
4. A remainder-man enters upon a party who is in possession by intrusion: Held, that trespass lies against the intruder, although he retain the actual possession. Butcher v. Butcher, M. 8 G. 4. 5. Trespass does not lie by one partowner of a party-wall against the other part-owner. Wiltshire v. Sidford, M. 8 G. 4. 404
6. An action of trespass quare clausum fregit was the ancient mode of trying possessory titles
See PRACTICE, V.-USURY, II.
See BANKRUPT, 5.・・
See BILL OF LADING, SHIP, 1.
See DEVISE, 1-ATTORNEY, 2. TURNPIKE ROADS, I. II./
TURNPIKE ROADS. A I. Authority of trustees. 1. Section 86 of 3 Geo. 4, c. 26, enacts, that" after any new road shall be completed, the lands or grounds constituting any former road, or so much thereof, as in the judgment of the trustees may thereby become useless or unnecessary, may be stopped up and discontinued, unless leading to some church, &c., to which such new road does not immediately lead, and which may therefore be deemed proper to be kept open, either as a public or private way," &c.:Held, that the exception does not oust the trustees of jurisdiction in the cases there mentioned, but leaves them a discretionary power. De Beauvoir v. Welch, M. 8 G. 4. page 81 2. Notwithstanding the exception, trustees may stop up and discontinue, and give up to the owner of the adjoining lands, an old road, leading to a church, to which the new road does not immediately lead.
ibid. 3. And the person to whom the old road is so given up may maintain trespass against a party afterwards using the old road.' ibid. 4. Semble, that the proper remedy against such acts of the trustees, is by appeal to the sessions, under 4 G. 4. c. 95, s. 87.
II. Liability of trustees.
5. Trustees of a turnpike road are not
liable in damages for an injury occasioned by the negligence of contractors, or others, employed under them, in the performance of public
8. So, whether the extortioner be the
page 152 (b)
works on the roads; unless they II. Practice upon trial of the question personally interfere in the management of the works. Humphreys v. Mears, M. 8 G. 4. page 187 6. What degree of personal interference sufficient to render them so liable, quære.
See INSURANCE, 1, 2, 4, 5, 6.-
I. What shall constitute.
1. The court will look at the substance of a transaction to ascertain whether, notwithstanding the words used, the case is within the statute. 165 2. E contra, it will see whether, though the words appear to bring the case within the statute, in substance it is not so. ibid. 3. Decisions in American courts as to
9. Where, upon a defence of usury,
III. Effect of usury upon contracts.
12. The position that a specialty can-
what constitutes usury. 156 (c) 13. 4. Whether upon the discounting of bills it is usury to retain a sum of which the broker is aliundè under a legal or moral obligation to pay to the lender, quære. 201 (a) 5. Upon the sale of an estate it is agreed that the purchase money shall be paid by instalments, with interest at 61. per cent. The payments reserved under the name of interest are, in substance, part of the purchase money. Unless the sale be merely colourable, the transaction is not usurious. Bidgood, M. 8 G. 4. 6. As to the distinctions
I. In matter of allegation.
1. Where the erroneous expression
3. Nor the improper insertion of a
usury and interest, see 151 (6) 7. Usury not committed by extortion on account of a payment by antici'pation.
11. Between instrument as produced in
151, 152 (b) | 4. Where the condition of a bond de