506 Bankrupts.-The Editor's Letter Box. Middleton, Joseph, Aveley, Essex, Hay and Straw Pratt, George, Addison Road, North, and Queen's Jeweller. Bell, Off. Ass.; Galsworthy & Co., Roberts, Thomas, Liverpool, Commission Agent. Stroud. Oct. 14. Stayt, William, Finstock, Oxford, Baker._Bell, Swallow, Joshua, Manchester, Share Broker. Hob- THE EDITOR'S LETTER BOX. WE beg to repeat, that the Analytical Digest of all the cases reported in all the courts will, after the publication of the 4th Part in November, be incorporated with the Legal Observer, without any increased price. Our commentaries, or notes, on important decisions in Equity, Common Law, and Conveyancing, will comprehend all leading cases, and, from time to time, review the precise state of the law in all its departments. relating to the law verbatim, and accompany As heretofore, we shall print the statutes them with full and explanatory notes. Thus the readers of "THE LEGAL OBSERVER" will have, within the compass of two volumes annually, a complete statement of and commentary on the law and practice, both legislative and judicial. With this number we close our Thirtieth Volume; and in order that the Digested Index to the cases reported therein should not encroach on our usual variety of information, we have given eight pages extra, which, in the country edition, will have the supplement stamp. The first number of the new volume will be accompanied by another half-sheet, comprising the Title Page, Contents, Names of Cases, and General Index. For these additions there will be no increased charge; and such of our subscribers as, during the long vacation, have not regularly received their numbers, may complete their sets whenever they please. We have considered the suggestion of W. W. C. regarding the Quarterly Digest. It is impossible to meet the wishes of every indiThackway, William Garrett, 12, Union Place, New vidual; but we always gladly attend, as far as Road, St. Marylebone, Tailor. Turquand, Off. Ass.; Justice, Berner's Street, Oxford Street. Oct. 7. Thompson, James and John, Leeds, Share Brokers. possible, to the recommendations of our readers. A correspondent at St. Ives is informed that we cannot undertake the responsibility of answering questions of law which should be submitted to counsel. We are willing to consider any usages in conveyancing practice, and other professional matters not to be found in the Webber, William, Horndean, Catherington, Hants, Lane. Sept. 30. Williams, James Smith, 6, Clement's Lane, Lombard ing them. DIGESTED INDEX TO THE CASES REPORTED IN VOLUME XXX. AFFIDAVIT. notice and that of the trial of the appeal must be excluded. Queen v. Justices of Middlesex ARBITRATION. 447 1. Where an affidavit in a proceeding in this court is made in a foreign country, it must distinctly appear that the functionary before whom it is sworn is authorised by the law of the 1. On a motion to set aside an award, the country to administer an oath. Warren v. copy of the award is sufficiently verified by the Swinborne 108 affidavit of the clerk to the plaintiff's agent, de2. An affidavit of service of a rule to compute scribing it as a true copy according to his inforon the landlady of the house in which the de- mation and belief, and stating that he had fendant resides, must show distinctly that he received it from the plaintiff's attorney. In the resided in it at the time of the service. Sidney matter of J. Hawkyard and W. Hawkyard 145 v. Macgill 146 3. The court will not attend to any affidavit, unless an office copy of it is produced. Affidavits left with the master must be filed before they can be read in court. Re Pusey 263 ANNUITY, see p. 516, post. APPEAL. 1. The 4 & 5 Vict. c. 51, s. 1, empowers justices to adjudge and order the payment of a portion of the highway rate in any parish for the repairs of the turnpike road in such parish. Section 3 gives a right of appeal to the quarter sessions, if notice is given within six days after such order, judgment, or determination, shall be so made or given as aforesaid. Held, that the appeal must be made within six days after the order was made at the special sessions, without reference to the time when the order was served on the appellant. Queen v. Justices of Derbyshire . 306 2. The usual clause in an order of reference, "that the arbitrator shall be at liberty (if he shall think fit) to examine the parties and their respective witnesses on oath," leaves it in the option of the arbitrator to examine the witnesses on oath; therefore, where an arbitrator had been requested by the defendant to take the examination of the witnesses on oath, and had declined to do so, the court held the award valid. Smith v. Goff 207 3. An order of reference required the witnesses to be sworn before a judge; the arbitrator proposing to take evidence not upon oath, the defendant objected, but the arbitrator received it; afterwards, all the witnesses, including those tendered by the defendant, were examined unsworn. Held, that the defendant had by his conduct waived the objection. Allan v. France 265 4. The fact of an arbitrator having demanded so exorbitant a fee as to induce the party to abstain from taking up the award, affords no sufficient excuse for not moving to set it aside within the proper time. Moore v. Darby 325 ARREST. See IRREGULARITY. ATTORNEY. 1. The refusal by an attorney to pay over money belonging to a client, is a ground for applying to the court to strike the attorney off the rolls. 508 Digested Index to Cases Reported. A plea that defendant is an attorney should wood . 266 And see TAXATION of Costs, and MARRIED WOMAN; and p. 516, post. An attorney received a sum of money on behalf of his client. The attorney's bill of costs be verified by the record. Walford v. Fleetwas taxed, and the allocatur directed a sum of money to be paid by the attorney. He kept out of the way and evaded the service of the allocatur, and afterwards filed his petition in the court of bankruptcy and obtained his discharge. The court, under these circumstances, made the rule absolute to strike the name off the roll. Davis, Isaac, in re BANKRUPT. 83 1. A defendant in execution for damages 2. The court refused an application for a recovered in an action of assault and false imperson who had served his articles of clerkship prisonment, petitioned the Court of Bankruptcy to go before the examiners for the purpose of under the 5 & 6 Vict. c. 116, and 7 & 8 Vict. being examined, in order to be admitted an c. 96. The commissioner made an interim attorney, who had been convicted of a con- order for his discharge. In an action against spiracy in the year 1842, but who denies on the keeper of the Queen's prison for an escape, oath that he is guilty of the offence, and who-Held, that though the commissioner might was never brought up for judgment, and ex- have no authority to make such an order, presses his deep regret in being mixed up with nevertheless, the gaoler was justified in acting a transaction for which another person was under it, as an order made by a judge upon a severely punished. In re Holt matter within his jurisdiction. Champerty. 145 Semble, that a commissioner of bankruptcy has no jurisdiction to make an interim order under the 5 & 6 Vict. c. 116, or 7 & 8 Vict. c. 96, except in the case of debts. Thomas v. Hudson Order and Disposition. 325 3. A bankrupt mortgagor, whose assignees disclaim all interest in the mortgaged estate, continues entitled to the equity of redemption, and is not entitled, upon disclaiming, to have a bill for foreclosure of the mortgage dismissed against him with costs. Singleton v. Cox 124 BILL OF EXCHANGE. 6. Where an attorney residing in the country was employed by the solicitor to the post-office in London to conduct a prosecution In an action by indorsee against indorser of by the postmaster-general in the country, the a bill of exchange, it appeared at the trial that London solicitor preparing the briefs and in the plaintiff was a banker, and that the acceptor other respects directly interfering with the con- of the bill kept an account at his house. On duct of the prosecution; and the former, in his the day the bill became due, the plaintiff rebill of costs, charged, not at the usual rate of ferred to his books, and found no funds to the charge between attorney and agent, but the full credit of the acceptor. After business hours, amount for the work performed: Held, that the following notice of dishonour was sent to the country attorney was to be considered the the defendant: "Sir,-James Court's acceptagent of the solicitor to the post-office, and ance was due this day, and unpaid. I request consequently that his bill of costs was not your immediate attention to it." Held, first, liable to taxation. Simons v. Peacock 587 that there was a sufficient presentment of the 7. The court has no power, under the 6 & 7 bill; secondly, that the notice of dishonour Vic. c. 73, s. 37, to order taxation of an agency was in terms sufficient; thirdly, that it was not bill. Gedye, in re 45 sent too early. Bailey v. Porter CERTIORARI. Digested Index to Cases Reported. 1. It is a sufficient ground for a certiorari to remove an indictment into this court, that the defendant desires assistance of eminent counsel and a trial by a special jury, the prosecution being for a conspiracy to defraud the revenue, and prosecuted by the law officers of the crown. R. v. Jeffs and Langs 324 2. The court of quarter sessions granted the appellants (against an order of removal) a special case, which was set down for argument in the crown paper, but which, when called on, could not be heard, because the case had been improperly stated. The court refused to give the respondents their costs, under the statute 5 Geo. 2, c. 19, and also refused an application of the appellants to discharge their recognizances. Queen v. Inhabitants of South Ferriby 509 been supposed to be the law. Held, that the bill should be dismissed, without costs. Chappell v. Purday. 322 96, 2. Where judgment non obstante veredicto was entered for the plaintiff in the Queen's Bench, which judgment was afterwards reversed by a court of error: Held, that the defendant was entitled to the costs of opposing the rule for judgment non obst. ver. Evans v. Collins 163 3. A plaintiff having brought an action on two judgments, each being for less than 204., and recovered an amount above that sum, does not, by so obtaining a remedy against the defendant's person, evade the 7 & 8 Vict. c. s. 57, which declares that no person shall be taken in execution for a debt not exceeding 207. exclusive of costs. Bell v. Waldron . 265 took issue on the remainder, and after judg4. A plaintiff demurred to some pleas and ment had been given in his favour on the demurrer entered a discontinuance; the master felony and misdemeanor. The rule is nisi in on taxation of costs allowed the plaintiff the costs of the demurrer, and the defendant the both instances. Reg. v. Bird and others 84 costs of the discontinuance, and deducted one 4. A certiorari was obtained to bring up an set of costs against the other; the plaintiff order of justices for the removal of a pauper then issued execution for the balance; the from Swarston to Appleby, in Derbyshire. The court refused a rule to show cause why the certiorari, notice, &c. were described as being master should not review his taxation. Ellwood between Swarston and Appleby, in Leicestershire. A cross rule was obtained to quash the certiorari quia improvide emanavit, and although the order required had been returned and was before the court, yet the validity of it could not be inquired into, and the rule was made absolute for quashing the certiorari and the return. Queen v. Inhabitants of Appleby 60 3. There is no distinction in the rule for a certiorari to remove an indictment in a case of . 107 5. On an application for a certiorari to remove an indictment, on the ground that difficult questions of law are likely to arise, the affidavit must disclose facts from which the court may collect that such difficulties are likely to arise, and a mere general statement is not sufficient. R. v. Hodge 163 CORONER. The statute 6 & 7 Vict. c. 12, provides, that the coroner only within whose jurisdiction the body is found dead shall hold the inquisition. Previous to that statute, one of the coroners for the county of Lancaster held inquests on bodies where the cause of death arose in the county, but where the death took place within the limits of the borough either of Bolton or Manchester, both of which are within the county of Lancaster: Held, that the justices at quarter sessions had properly made the order for the treasurer for the county of Lancaster, for the costs of these inquisitions. Queen v. Justices of Lan206 caster COSTS. 1. On a bill for an injunction against a breach of copyright, an issue was directed involving several questions of fact, which had been raised upon the answer. The verdict was in favour of the plaintiff in equity, subject, however, to a question of law, which was decided in favour of the defendant, contrary to what had v. Bullock 286 made until the sums sought to be allowed have 5. An affidavit of increase ought not to be been actually paid. Trent v. Harrison. 307 And see TAXATION OF COSTS; MARRIED WOMEN; and PLEADING; and p. 516, post. 510 Roe Digested Index to Cases Reported. dressed to her as if a feme sole. Doe d. Price v. committed for contempt by a court of competent jurisdiction, this court will not, by affidavit, inquire into the merits of the commitment. Carus Wilson, in re 345 4. It is not necessary that the tenant in ejectment should have appeared before applying to the court for a rule, calling on the lessor of the plaintiff to elect on which of two ejectments he will proceed. Doe d. Anson v. Roe. EVIDENCE. 468 INFANT. . 161 The court will appoint a guardian ad litem to an infant who is resident out of the jurisdiction, without a commission. Heatherwood v. Heatherwood . . 365 INJUNCTION. 1. The court will not alter the usual form of a decree in directing the evidence given in a cause to be entered as read, because certain parts of it may be objected to as inadmissible. Lindren v. Lindren. 41 2. Semble,-A certificate from the general registry office for registering deaths, births, and marriages, is sufficient evidence of a death, birth, or marriage, in support of a petition seeking to obtain payment of a fund in court. sion in Scotland. Jones v. Geddes . . 123 Hislop v. Wykeham 224 3. A woman, to whom a promissory note had been given for a debt due to her, married with A. B., he often received interest during her life, but there was nothing to show in what character he received it, nor that he had declared any intention, or done any act expressly for the purpose of reducing the note into possession. The wife died, the son took out letters of administration to her estate, and then brought an action on the note. Held, that the husband was a competent witness in this action. The mere fact of marriage does not absolutely vest in the husband the right to choses in action belonging to the wife. Hart v. Ste 30 1. The court will, at the instance of the assignees of a bankrupt, restrain the holder of a heritable bond secured upon a portion of the real estate of the bankrupt, situate in Scotland, from realizing his security, under a decree of ranking and sale obtained in the court of ses 2. The court will grant an injunction to stay proceedings at law for setting aside a judgment, if a good equitable charge have been created, and the judgment is founded upon such charge, although the warrant of attorney upon which the judgment was signed may have been set aside for irregularity. Evans v. Wetherell 143 3. Where bank stock has been transferred by a party far advanced in years, that circumstance, prima facie, entitles the executors of the transferor to an inquiry, and it will be ordered that the fund be brought into court to abide the final issue of the suit. Bate v. Governor and Company of Bank of England 184 The legal liability of the assignee of a lease containing a covenant to insure, to perform the covenants of the lease, will not deprive him of the right to purchase the fee, and take the advantage of a forfeiture caused by a breach of the covenant to insure, if another party has become bound in equity to perform the covenant. 2. Where a rule nisi was obtained for setA party will not be relieved against a for- ting aside a proceeding for irregularity, and, feiture caused by the breach of a covenant to pending the rule, an order was made at chaminsure, upon the ground of his having mistak-bers for amending such proceeding: Held, that enly supposed, in consequence of a representation made to him by the solicitor of the person who is to take advantage of the forfeiture, that the premises were insured; the representation made, being at the time strictly true. A receiver is the officer of the court, not the agent of the parties to the suit or any of them. Wetherill v. Naylor. . 365 HABEAS CORPUS. Where a prisoner is brought up by habeas corpus, and it appears on the return that he is the order was made improperly, and that the proper course was to apply to the court for a cross-rule to amend. Ball v. Haynes . 287 3. It is unnecessary to state, in a rule for the discharge of a defendant for irregularity, the irregularities complained of: it is sufficient if they appear upon the affidavits. On a motion to discharge a defendant arrested under a judge's order for irregularity, it is not necessary to move to set aside the previous proceedings; therefore, where the copy of the writ of summons was directed to the |