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three per cent., and by the assent | 11. Particular statutes cited or com-
of maker and payee

“three" is
struck out, and “ two and a half”

Henry 8.
substituted, the note may be looked
at to ascertain the terms on which

37, c. 9. Usury.
the money was advanced. Sutton

Edward 6.
v. Toomer, M. 8 G, 4.

5 & 6, c. 20. Usury.

IV. Conveyance.
See ATTORNEY, 9, 10.

6. An award by commissioners of in-

5, c. 4. Wages of labourers. 418
closure, that A. shall receive from

s. 26. Parish apprentices.
B. land and 20001. in exchange for

the land of A., does not require an 13, c. 8. Usury.

207 (a)
ad valorem stamp. Doe d. Lord 43, c. 2. Parish apprentices. 460
Suffield v. Preston, M. 8 G.4. 707

James 1.
V. Deeds.

2, c. 6. Wages of labourers. 418
7. A bond conditioned for the pay- 21, c. 17. Usury.

207 (a)
mevt of noney and interest, and
also for the performance of collate-

Charles 2.
ral acts, requires only the ad ralorem

12, c. 13. Usury.

207 (a)
stamp appropriated to the principal 13 & 14, c. 12. Settlement of paupers.
sum, where that stamp exceeds 358.,

427, 451
which the collateral matter would

29, c. 7. Lord's day.

require if it stood alone. Deurden
v. Binns, M. 8 G. 4.


William of Mary.
VI. Lease.
3 & 4, c. 11. Settlement of

See LEASES, 3.

97, 450, 453

5, c. 11. Costs-Certiorari. 526
VII. Receipts.
Vide suprà, 3.

William 3.
8. A receipt stamp necessary only 8 & 9, c. 11. Bonds—Assessment of
where a subsisting debt is dis-

damages. 135

c. 30. Parish certificates.

462, 472, 665
VIII. Unstamped documents where ad-

for collateral purposes.

12, st. 2, c. 16. Usury.
705, 706

150, 203, 207 (a)

George 1.

9, c. 7, s. 5. Settlement by estate.
See Justices, I.

12, c. 29. Affidavit of debt. 232
I. How construed.

George 2.
1. In construing local acts, the Court 2, c. 23. Attorneys' bills. 242
will not look at the preamble, or at 5, c. 30. Bankrupt.

the words of a particular clause 13, c. 22, s. 7. Settlement of pau-
alone, but will form its judgment




17, c. 3. Overseers --Rates.
upon a view of the whole act. 605

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17. c. 5, s. I. Rogues and vagabonds. 6, c. 76. Marriages.

- c. 95. Turnpike Roads. 81
20, c. 19. Wages of labourers. 409 c. 16. Bankrupts. 326, 330
22, c. 47. Southwark Court of Re- c. 57. Settlement by renting a

tenement. 426, 448
23, c. 33. Middlesex County Court. c. 94. Factors.

562 7, c. 57. Insolvent debtors. 242
24, c. 44. Actions against justices.


25, c. 31. Birmingham Court of Re-


I. In what cases ordered.
C. 38. St. Alban's Court of Re-1. Where debt under 40s., and reco-

564 verable in inferior jurisdiction.
26, c. 33, s. 11. Marriages. 684

323, n.
31, c. 11. Servants in busbandry. 413

And see Costs, 3.
George 3.

2. The Court will not stay the pro-
9, c. 31, s. 8. Settlement of paupers. ceedings on the ground of the pen-

98 dency of another action, for the
13, c. 78. Highways. 105, 176 same cause, against the defendant
14, c. 79. Mortgages of lands in the jointly with another person, except

150 in a case of oppression or vexation.
22, c. 4. Mutiny Act.

664 If such a case is made out, tbey will
33, c. 54, s. 24. Settlement of pau- interfere in a summary manner, or

98 allow the party to plead in abate-
35, c. 101.

Settlement by paying ment, notwithstanding the four days

449 bave expired, semble. Sowter v.
39 & 40, c. 94, s. 3. Commitment of Dunston, M. 8 G. 4.


619 | 3. Under 8 & 9 W.3, c. 11, s. 8, on
42, c. 107, s. I. Coursing deer. 685 scire facias on a judgment on a
47, c. 14, s. 1. Birmingham Court of bond.

52, c. 72. Settlement of paupers. 98 STET PROCESSUS.
c. 93. Game convictions. 139


53, c. 159. Ship-owners.

54, c. 107. Parish certificates. 476

c. 170. Evidence of rated inba-

Force of this word.

697 (e)
55, c. 184. Stamps. 137, 262, 522
56, c. 139. Parish apprentices. 458

58, c. 69. Select vestries. 484

1. Replucing.
59, c. 12, s. 33. Removal of Scotch


c. 50. Settlement by renting a
tenement. 428, 449

c. 85. Select vestries. 484

George 4.

1. Stranding, is where a ship, by ac-
1, c. 19. Insolvent debtors. 242 cident, and out of the ordinary

c. 56. Malicious trespasses. 213 course of her voyage, gets upon the
c. 75. Marriages.

686 strand, and receives injury in con-
3, c. 126. Turnpike roads. 81, 187 sequence. Bishop v. Pentland, M.
4, c. 17. Marriages.

686 8 G.4.

490 (a)

go and Irish poor.



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See Rates, 1.

See Bond, 1.--PLEADING, 6.

1. Where discharged. 1. A creditor by entering into a binding engagement to give time to bis

debtor discharges a surety. 562 (a) 2. Unless in the contract for the in

dulgence, 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.



1. Wader 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.





See LEASE, ).


PLEADING, 3. I. Per quod servitium amisit. 1. A father may maintain trespass for

the seduction of his daughter and servant, whom he maintains, in con

TENANTS IN COMMON. See Estate, VI.- Evidence, 5.

SETTLEMENT, 2.-Trespass, 5.

sideration of her services, though

TROVER. she be a married woman at the

See BANKRUPT, 5. time the injury is sustained. Har

I. Title of plaintiff pur v. Lufkin, M. 8 G. 4. page166

See Bill of LADING, 1.-Suip, 1. II. For false imprisonment.

II. Conversion by defendant. 2. Plaintiff appeared before defend

See AGREEMENT, 2.-LIEN, 3. ant, a magistrate, to answer the complaint of A., for unlawfully

TRUSTEES. killing his dog. Defendant advised plaintiff to settle the matter, by pay

See Devise, I ATTORNEY, 2... ing a sum of money, which plaintiff

TURNPIKE Roads, I. II., declined. Defendant then said," he would convict plaintiff in a penalty

TURNPIKE ROADS. A under the trespass act, in which I. Authority of trustees. case be would go to prison." Plain

1. Section 86 of 3 Geo. 4, c. 26, tiff still declined paying, and said

enacts, that “after any new road “ he would appeal.' Defendant

shall be completed, the lands or then called in a constable, and said,

grounds constituting any former “ take this man out, and see if they

road, or so much thereof, as in can settle the matter; and if not,

the judgment of the trustees may bring him in again, as I must pro

thereby become useless or unneceed to commit him under the act." Plaintiff then went out with the

cessary, may be stopped up and

discontinued, unless leading to some constable, and settled the matter,

church, &c., to which such new by paying a sum of money :-Held,

road does not immediately lead, and that tbis was an assault and false

which may therefore be deemed proimprisonment. Bridgett v. Coyney,

per to be kept open, either as a M. 8 G. 4.


public or private way," &e. :-Held, 3. And as no conviction had been

that the exception does not oust the drawn up, defendant could not jus

trustees of jurisdiction in the cases tify.


there mentioned, but leaves them a III. Quare clausum fregit.

discretionary power. De Beauvoir

v. Welch, M. 8 G. 4. page 81 4. A remainder-man enters upon a 2. Notwithstanding the exception,

party who is in possession by intru- trustees may stop up and disconsion : Held, that trespass lies tinue, and give up to the owner of against the intruder, although be the adjoining lands, an old road, retain the actual possession. But- leading to a church, to which the

cher v. Butcher, M. & G. 4. 220 new road does not immediately lead. 5. Trespass does not lie by one part

ibid. owner of a party-wall against the 3. And the person to whom the old other part-owner. Wiltshire v. Sid- road is so given up may maintain ford, M. 8 G.4.


trespass against a party afterwards 6. An action of trespass quare clau. using the old road.

ibid. sum fregit was the ancient mode 4. Semble, that the proper remedy of trying possessory titles 221 against such acts of the trustees, is

by appeal to the sessions, under 4 G. 4. c. 95, s. 87.

ibid. TRIAL

II. Liability of trustceś. See Practice, V.-Usury, II. 5. Trustees of a turnpike road are not

page 187

liable, quære.


courts upon

this point.

liable in damages for an injury oc | 8. So, whether the extortioner be the casioned by the negligence of con- debtor in futuro, or a stranger. tractors, or others, employed under

page 152 (6) them, in the performance of public works on the roads; unless they II. Practice upon trial of the question personally interfere in the manage

of usury: ment of the works. Humphreys v.

9. Where, upon a defence of uşury, Mears, M. 8 G. 4.

the judge states it to be bis opinion 6. What degree of personal interfe

that no usury has been committed, rence sufficient to render them so

but leaves it to the jury to draw their own conclusion from the whole matter, and they find against

the usury, the Court will not disUNDERWRITERS.

turb the verdict. Solarte v. Melville, M. 8 G. 4.

198 See INSURANCE, 1, 2, 4, 5, 6.STRANDING, I.,

III. Effect of usury upon contracts.

10. A valid debt is not destroyed by USURY

a subsequent contract to pay and

receive usurious interest. 129 1. What shall constitute.

11. See the decisions of the American 1. The court will look at the substance

156 (c) of a transaction to ascertain whether, notwithstanding the words

IV. Pleadings. used, the case is within the statute. 12. The position that a specialty can

165 not be avoided by usury appearing 2. E contra, it will see whether, in evidence, or upon the face of the

though the words appear to bring condition of the bond, not warthe case within the statute, in sub- ranted by the authorities on which stance it is not so.

ibid. it has been supposed to rest. 135 (a) 3. Decisions in American courts as to

V. Relief in equity. what constitutes usury.

156 (c)

13. See practice of American courts. 4. Whether upon the discounting of

157 (c) bills it is usury to retain a sum of wbich the broker is aliundè under a

VARIANCE legal or moral obligation to pay to the lender, quære.

I. In matter of allegation. 5. Upon the sale of an estate it is

201 (a)

See PLEADING, I. agreed that the purchase money 1. Where the erroneous expression shall be paid by instalments, with

does not alter the meaning of the interest at 61. per cent. The pay

sentence, but leaves it equally inments reserved under the name of

telligible, it is no variance. 598 interest are, in substance, part of 2. Nor the omission of a word supthe purchase money. Unless the

plied by the context.

ibid. sale be merely colourable, the trans

3. Nor the improper insertion of a action is not usurious. Beete v.

word which may be rejected as surBidgood, M. 8G.4.


599 6. As to the distinctions between

usury and interest, see 151 (6) 11. Between instrument as produced in 7. Usury not committed by extortion

evidence, and as set out on oyer. on account of a payment by antici'pation.

151, 152 (0) 4. Where the condition of a bond de

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