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LA PEPARTMENT.
TED STANFORD, JL, UNIVERSITY

L'ERRY ON

· LONDON: PRINTED BY A. J. PALMER, SAVOY STREET, STRAND

N A MES OF CASES REPORTED,

AND

THE PRINCIPAL CASES CITED.

IN THIS VOLUME.

Abbott v. Douglas, 503
Brooke v. Gally, 415

Eckersley v. Barker, 255
Adams v. Hartley, 468
Bryant v. Clution, 340

Eccles v. Harper, 504
Alcock v. Thompson, 41
Buchanan v. Green, 321

Edgell v. Cullen, 276
Aldred o. Constable, 133

- o. Smith, 322

Edmunds v. Pinniger, 243
Allen v. France, 265
Bull v. Weston, 487

Elkington v. Holland, 156 - v. House, 258

Burton v. Mendizabel, 81 Elmsley v. Young, 211
Anderson v. Stather, 305, 343 Bush v. Sayer, 155

Ellwood v. Bullock, 286
Andrews v. Marris, 341
Burnett v. Lynch, 380

Evans v. Wetherell, 143
Anon, 51, 444

- v. Collins, 163 Apperton, in re, 487 Calder v. Pilling, 213

- v. Jones, 112 Armitage v. Grand Junction Rail-Calpas v. Westbrook, 566

v. Dublin Railway Co., 245 way, 383

Carratt v. Morley, 340 . Everard v. Poppleton, 156 Arnold v. Arnold, 131

Catherwood v. Caslon, 134 Ewen's Case, 131
- v. Mayor of Pool, 377 Cave v. Mountain, 340
Atkinson v. Brindall, 133

Fells v. Read, 180
Chappell v. Purday, 322
Attorney-General v. Corporation of Chapple v. Cooper, 416

Fenning v. Anderson, 226
London, 202

Fielder v. Hanger, 355
Charlesworth v. Ellis, 185
-

Fisher v. Waltham, 112
Chadwick v. Sills, 25
v. Coopers' Com-

Fletcher v. Calthorp and others, 42 pany, 4 Christopher v. Cleghorn, 58

v. Fletcher, 259 - v. Skinners' Com-Chetwind v. Marnell, 37

Flight v. Leman, 111 pany, 4

Church v. Imperial Gas Co., 377 -- v. Grocers' Com-Churchyard v. Studdy, 453

Foley 2. Burnell, 211
pany, 4
Clark v. Hall, 160

Foster v. Blackburn, 171
- v. Severne, 51
v. Bickers, 224

Jackson, 472
0. Jackson, 131 Clarke v. Young, 205

Gadsby v. Warburton, 255 v. Foster, 192 Cobb v. Becke, 110

v, Barrow, 255
v. Cullum, 320 Conduitt v. Soane, 212

Gaitskell, in re, 319
Cooke v.Crawford, 4

Galway' v. Rose, 421
Baddeley v. Curwen, 144
Cooper v. Denison, 211

Garcias v. Ricardo, 472
Badman v. Pugh, 80

- v. Harris, 259

Gardiner v. Marshall, 106
Bage v. Perkins, 259
Cox v. Bailey, 25

Gedge, in re, 45
Bailey v. Porter, 126
Cresy v. Beavan, 34

Gibbs v. Tonaley, 287
Bain 0. Cooper, 37.

Crocker v. St. Mary, Lambetb, 259 - 0. Whatley, 318 Ball v. Haynes, 287

Curling v. Robertson, 397 Gibson v. Muskett, 134
Barnard r. Wallis, 381

Glover v. Cockerill, 225
Barnes v. Pendry, 156
Dalmer v. Barnard, 36

Goode v. Browne, 467
Barrs v. Jackson, 355
Daniel v. Coalsting, 258

Gordon v. Lowe, 105
Bate v. Bank of England, 184

v. Campling, 258

Goslin v. Cotterell, 46
Baxter v. Newman, 255
Darbon v. Rickards, 59

Greenwood v. Armstrong, 58
v. Overseers of Doncaster, Davıdson v. Henley, 16

Green v. Elgie, 341 256 Davis, Isaac, in re, 83

Gregory v. Claridge, 111 Beck v. Burn, 304

- v. Ashford, 284, 304

v. Duke of Brunswick, 397 Beeching o. Hanmer, 85

- v. Trevannion, 156 Greaves v. Asblin, 196 Bell v. Waldron, 265

- v. Waddington, 256 Green v. Price, 213 Beverley v. Lincoln Gas Co., 377 Dawson v. Chamney, 173 Great Western Railway, in re, 318 Birmingham and Bristol Railway Dean v. Wortby, 406

Griffiths v. Lewis, 124 v. Locke, 381

Dearle o. Hall, 170 Bligh v. Brewer, 318

Delgrave vi Mayor of Monmouth, Hagger v. Baker, 231 Blount v. Hipkins, 380

277

Hall v. Mayor of Swansea, 377 Bolt v. - 161 Dewhurst v. Fielding, 258

v. Hinds, 231 Bourcbier v. Taylor, 356 Dobson v. Groves, 238

- v. Bainbridge, 186 Bowdidge v. Slaney, 233 Doe v. Amy, 81

Hair, in re, 397 Brace v. Duchess of Marlborough, d. Anson v. Roe, 468 Hand v. Slaney, 416 58

- Barbour v. Munro, 231 Hart v. Stevens, 30 Bracey, in re, 28

· Fleming v. Somerton, 356 — v. Watson, 277 Bridge v. Grand Jun. Railw., 383 Glynes v. Glow, 927 Harrison v. Fane, 416 Bruce, in re, 131

Mews v. Roe, 125 Harding v. Howard, 408 Brighton Railw. v. Fairclough, 380 Price v. Roe, 345

Hawkyard, in re, 145 Brind v. Dale, 173

Tressider v. Tressider, 230 Hawkins v. Benton, 81 Brown v. Weatherbead, 211 Downes v. Garbett, 244

Hayes v. Caulfield, 197 - v. Boorman, 21 Dyer v. Gough, 259

THeatherwood v. Heatherwood, 365

Е Е

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Heath v. Chilton, 111

Neale v. Postlethwaite, 81 Simpson r. Wilkinson, 256
Heyward, in re, 82

Nelthorpe v. Holgate, 51 Sinclair v. Sinclair, 453
Hibbert, v. Baston, 156
Newton v. Holford, 436

Sidney o. Macgill, 146
Hilliard, in re, 186

- v. Roe, 436

Singleton o. Cox, 124
Hill v. Hayes, 422
Nicholls v. Haslam, 406

Smith v. Goff, 207
- v. Ramm, 25

- 1. Warren, 232

- re J. C., 57
Hinton v. Hinton, 259

- v. Cross, 378

0. Smith, 171
Hislop v. Wykeham, 224
Nunn v. Denton, 258

2. Dickenson, 472
Hitchins v. Farrow, 485

Somerset v. Cookson, 180
Hodgkinson v. Wyatt, 302 Partington, in re, 350

Sprott v. Yorke, 364
Hodgson v. Warden, 37
Payne v. Davies, 407

Sparks v. Liverpool Water Works,
Hodding v. Sturchfield, 233 Pealson r. London and Birming- 381
Hodkins », Cook, 346

ham Railway Co., 29

Stanton v. Jeffers, 259
Hogarth 0. Jackson, 453
Pearson v. Archbold, 81

Strachan v. Green, 146
Holt, in re, 145
Pecbill v. Watson, 111

Sturgess v. Paley, 184
Hornby v. Holmes, 60
Pender, in re, 11'

Startup v. Macdonald, 195
Hotham v. Somerville, 429 Perrin, in re, 24

Swain 2. Lewis, 396
Hopkins v. Freeman, 172
Peters v. Fleming. 415

Swinburn o. Taylor, 172
- o. Francis, 172

Petrie v. Cullen, 276
Horner v. Graves, 212
Phillips v. Evans, 231

Taylor v. Clemson, 381,382
Hugbes v. Lipscombe, 226 Pickersgill, in re, 37

Thomas v. Hudson, 325, 351
Huguenin e. Beazely, 472
Pitts v. Smedley, 257

- v. Ketteriche, 356
Hunter v. Daniell, i3

Plews and Middleton, in re, 232 - v. Dunn, 38
Hull and Bridlington Railway, 31 Playfair v. Musgrove, 487 Thompson v. Denning, 227 38
Hutchioson, ex parte, 37
Porter v. Nicholson, 156

- 9. Spiers, 444
Hulton v. Sandys, 170

Preston v. Grand Collier Dock, - 2. Advocate-Gen., 132
Humble v. Langston, 380
381

- v. Thompson, 231
Hunter v. Russell, 233
Price v. Carter, 156

Timson c. Ramsbottom, 171
Hyett v. Godfrey, 502
Pridmore o, Harrison, 91

Tomlinson v. Manchester and Bir-
| Pulvertoft o. Pulvertoft, 259 mingham, 382
Ikey v. Carter, 24
Pusey, in re, 263

Trent v. Harrison, 307
Pusey v. Pusey, 180

Turner v. Trisby, 416
Jackson v. Forbes, 131
Pye, ex parte, 259

Turquand v. Mosedon, 58
Jeffery v. Kitcbener, 258
Jones v. Kean, 321

Queen v. Appleby, Inhabitants of, Wade v. Wood, 308
- u. Geddes, 123

107

- v. Simeon, 318
. Williams, 80

- v. Bird and others, 84 Walker v. Parkins, 207
Jordan v. Beswick, 81

- v. Derbyshire, Justices of. Walford v. Fleetwood, 266
Joseph v. Buxton, 172

306

Walmsley v. Wolsely, 266

- 1. Ferriby, Inhabitants of, Wallacev. Brockley, 156
Kemble v. Farren, 213

60

Wallen v. Smith, 56
Keppel 2. Shilson, 56

- v. Hodges, 163

Wallond . Wallond, 83
Kine v. Beaumont, 396

- v. Jeffs and Langs, 324 Walsingham (Lord) v. Goodricke,
Kirkpatrick ».Tattersall, 478

- v. Lambeth, Inhabitants of,! 201
502

Walter ». Less, 264
Lane . Hardwick, 364

- 2. Lancashire, Justices of, Walton v. Chandler, 156
Latham v. Rutley, 25

132, 206

Wansey v. Perkins, 258, 259
Lawrence v. Palmer, 396

- v. Middlesex, Justices of, Warren 2. Swinborne, 108
Le Veux v. Berkeley, 37

447

Ward v. Turner, 276
Lee Pool 2, Hobbs, 156

- 2. Norih Riding, Justices Warwick Grammar School, 320
Lindgren v. Lindgren, 41

of, 393

Webb, er parte, 125
Leveridge c. Cooper, 170

-- v. Plummer, 90

- 1. Page, 173
Ludlow, Mayor of, v. Charlton, 3771 — v. Tollet, 90

Wells, ex parte, 522

— v. Totness Union, Guar- West ». Smallwood, 340
Malins v. Lord Dunraven, 244 dians of, 406

Westropp, in re, 423
v. Proce, 282

— v. Watkins, 110

Wetherill v. Naylor, 365
Mallon v. May, 212

Wharton v. Mackenzie, 415, 416
Manton v. Bales, 324

Radcliffe v. Fursman, 201 Wbitmore v. Robertson, 24
Marston e. Allen, 197
Reece v. Tribe, 386

- v. Green, 24
Marshall v. Brown, 258
Rennie v. Bruce, 344

Williams 1. Orpe, 162
ex parte, 318
- v. Ritchie, 38

- - v. Vines, 426
Mathew's v. Gale, 264
Rickards v. Patterson, 81

Wilson 1. Foster, 81
Matson v. Swift, 403
Roberts r. Williams, 286

- v. Bagster, 146
Maxwell v. Ditchburn, 242 . Rolleston v. Dixon, 31

Carus, in re, 161
Mercer 2. Wball, 484

— v. Morton, 58

Winckworth », Winckworth, 342
Meux v. Bell, 171
Rolfe v. Johnson, 434

Woods v. Woods, 201
Moore v. Darby, 324
ex parte, in re Westropp, Sandall v. Burnett, 323

Vallance, in re, 397
423

Schlesinger 1. Flerscheim, 44 Vaugian v. Trewent, 37
Moor v. Tuckwell, 486
Score v. Huggett, 257

Vitzetelly e. Wicboff, 367
Moody v. Spencer, 111

Sedley v. Sutherland, 342
Morgan v. Thorne, 454

Shuldham v. Shuldham, 292 Yarborough v. Bank of England,
Morse v. James, 421
Simmons ». Lloyd, 446

377
Moss 7.St. Michael, Lichfield, 258 Simons v. Peacock, 387

Young 2. Compton, 233
Mouchet v. Great Western, 382

in re, 317

-7. Hichens, 452

GENERAL INDEX TO VOLUME XXX.

Conveyancingi Real Property Bill, 71, 153

ility: discharge, 454, 118, 140, 158

Acts, list of public general, 254, 321, 363, 384

Common Pleas fees, 137
Administration of justice, acts of the last session, summary Common Law Process Bills, 153
of, and notes on, 289, 469

Contract for delivery of goods, when to be executed, 195
Affidavits by persons abroad, verification of. 36

privity of, town agent and country client, 110
Amendment of the Law, Society for, 160, 197

Conveyancing reform and professional remuneration, 369
Anticipation, clause against, in marriage settlement, 38 Conveyance of Real Property Act, notes on, 409
Anecdotes, legal, 363
Apprehension of offenders, 474, 491

Copyhold enfranchisement, 229, 361, 419, 420
Appeal, stay of proceedings pending, 471

commissioners' 4th report, 260
in Chancery, 20

Copyholders' Leases, 230
Appeals to quarter sessions, when to be made, 132

Corporation liable to assumpsit, 378
to Privy Council Act, 195

without a name, 484
Arbitration, objection to compulsory, 420

Costs payable by railway, 318
remitting back disputed award in, 231

taxation of solicitor's bill, 319
Assignment of Terms Act, 354

on the reduced scale, 56
Assumpsit maintainable against a corporation, 377

in actions on judgments, 58
Assault, not included in felonious charge, 110

on insolvent debtors' petitions, 187
Atcherley, Mr. Serjeant, death of, 228

Criminal Law Acts of the last session, summary of, 291
Attorneys' bills, taxation of, how affidavit to be entitled, 397

Justice Administration Bill, 116
should be appointed to the judgeships under Local

law report, 481, 499
Courts Act, 419

law acts of last session, notes on, 489
liability, 340

County Rates Act, 390

Court of Chancery Act, notes on, 469
to be admitted, 9, 26, 82, 118, 140, 158

Courts, removal of, 48, 176, 228, 251, 288, 295
hearing them at quarter sessions, 25
town agent, 110

Debts, small, see Small Debts.
renewed certificates, 82

Decisions in the superior courts, see Digested Index.

on the Small Debts Act, 321, 358, 390, 421
Bail in error for Misdemeanors Act, 395

Declarations in Bankruptcy Act, notes on, 470
notes on, 490

| Devise of trust estates, 3, 142, 224
Bankruptcy and insolvency, further proposed alterations in Divorce, law of, conflict of decision between the House
law of, 460

of Lords and Ecclesiastical Courts, 262
validity of execution before fiat, 24

expense and defects of, 292
declarations substituted for oaths, 253

Documentary Evidence Act, notes on, 429
jurisdiction of equity in, 34

Bill, 136
superseded, 85, 166, 246, 346, 505

Act, 335
dividends declared, 127, 187, 267, 367, 447 Dog Stealing Prevention Act, 491, 499
Bankrupts, 85, 166, 246, 346, 427, 505

Draining land, Mortgages, Act for, 373
promise to pay debt, when valid, 473

Dwarris, Sir Fortunatus, his address at the examination, 121
Bar, rules of, 419
Barristers, irregular practice of, 19

Ecclesiastical Court, sentence of, how far binding in the
called, 122, 200

Court of Chancery, 355
Bastardy, proceedings in, 240, 492

Courts Bill, 21, 169, 190
Bills of Exchange Act, 375

concentration of, 383
defence to action on, 197

Education, legal, 21
in parliament, see Contents.

Elective Franchise Extension Bill, 5
Broker, special contract, negligence, 21

Equity, notes on, see Contents.
Brougham, Lord, objections to his conveyancing bills, 69,

practice as to enrolling decrees, 20
229, 272

jurisdiction in bankruptcy, 34
speech on law reform, 49

Equitable doctrine as to illusory appointments, 190
defence of his conveyancing bills, 91

notice of incumbrances, 191
his small debts bill, 100, 128, 160

application of purchase money, 191

Examination, candidates passed, 221
Canal Carriers Act, 272

questions, 6, 103
notes on, 471

information as to, 39, 83
Carriers, actions against, 173

result of, 10, 121
Cause lists in chancery, 62, 164

prizes and distinctions, 40, 141
common law, 65

Execution, speedy, construction of certificate, 472
Charity, doctrine of surplus, 4

Executions on rules of court for payment of money, 80
Charitable Trusts Bill, 160

Exchequer of Plens fees, 181
objections to, 112
Chancery Orders of 8th May, 51, 73, 92

Fees of the common law courts paid to the treasury, 120,
analysis of, 40

137, 181
notes on, 92, 109, 275, 399, in Criminal Proceedings Abolition Act, 417
440, 493

notes on, 490
Administration of Justice Bill, 209, 333

compensation for loss of, 418
Civil Actions Bill, 137

Feigned Issues Abolition Aet, 389
Circuits of the judges, 139

Follett, Sir William, 160, 170
regulation commission, 149, 187

Foreclosure, absolute, 51
commissioners' report, 150

Foreign Offenders Apprehension Act, 474
Close copies of chancery proceedings, 101

notes on, 491
Clandestine removal of goods, 142
Clerks of the Peace Bill, 26

Games and Wagers Act, 455
Cominons Inclosure Bill, 33

notes on,

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Grady's Law of Fixturos, 437

Promotions at the bar, 187
Grammar school, religious education, 320

Prochein amy admissible as a witness, 453
Griffith, John, death of, 64

Public Companies Consolidation Act, 134

Purchase money, application of, 190
Heir looms, 211

Pyke, Mr., his case as to disbarring, 143
Husband's liability for necessaries, 90

Queen's Bench fees paid to the treasury, 100
Illusory appointments, 190

Questions at the examinations, 6, 103
Incumbrances, notice of, to trustees, 191
Incorporated Law Society's petition for removal of courts, 176 Railway committees, objectionable constitution of, 1, 18
annual report, 303.

Companies Consolidation Act, 135
new charter, 475

compensation to landholders, 179
Indemnity Act, 192

Rates, County Act, 390
Infant plaintiff by next friend, 211

notes on, 492
necessaries for, 415

Highway Act, 492
Injunction, when dissolved, 34

stock in trade exempted from, 492
for pirating trade marks, 497

Real Property Conveyancing Bill, 71
Imprisonment for debt under £20, 3

Act, 352
select committee of the Lords on, 17

Law Amendment Bill, 157, 180
injurious effects of abolition, 34, 117

acts of the last session, summary of, 290
abolition, resolution of merchants and

Amendment Act, 314
traders, 70

notes on, 449
Inns of court, architecture of, 434

Reform, progress of law, 169
rumoured improvements in, 89
Innkeepers, actions against, 173

ancient and modern, 464
Insolvent Debtors' Act, present operation of

Registration of Deeds Bill, 113
Issue devisa vit vel non, when refused, 497

Remuneration of the profession, 369

Removal of the courts from Westminster, 48, 176, 228, 251,
Jewish Disabilities Relief Act, 498

288, 295

Requests, Court of, substitute for, 383
notes on, 490
Judges' order for signing judgments, 142

Restraint of trade, construction of agreements as to, 212

Retainer of solicitor by parish, 419
Judgment debts under £20, aetions on, 172
Justices' Clerks Bill, 26

Revising barristers, appeals from, 255

Review, bill of, 20
observations on, 36

Rule as to judges' orders for signing judgments, 142
Lancaster Court of Common Pleas, fees received by the pro-
thonotary, 219

Scotland, law of, as to separate estate of married women, 38
Leases Bill, 98

Seal Office Abolition Bill, 154

Act, 252
Act, 315

notes on, 470
notes on, 409, 484

Sewers, construction of, 224
Legacy duty, domicile, 131

Shelford's Law of Railways, 379
grievance of, 362
Legal results of the last session, 289

Short-hand writers' notes allowed in costs, 282
Local courts scheme, 249, 333, 356, 383

Sittings in Chancery, 61, 146

Common Law, J03, 108
enlargement of, 269
and Small Debts Act, 296

Six clerks in Chancery, ancient state of, 483

Small Debts Act, 296
Act, 329
and personal acts, list of, 400, 441

notes on, 309, 359, 418
Lotterics. illegal, 491, 498

decisions on, 321, 358, 390, 421

Bill, 100, 128, 160, 233
Lynch, Master, qualification of his chief clerk, 216, 277

Smuggling Prevention Act, 191
Maintenance, action for, when it will not lie, 111

Solicitors employed for both parties, 220
Malicious Injuries Act as to works of art, &c., 498

Specific performance of contract, 51

Staying proceedings, order for, set aside, 318
notes on, 490

Stephens' Ecclesiastical Statutes, 235
Married women, separate estate of, 38

Stamp to agreement, when unnecessary, 25
acknowledgment of, improperly filed, 484
Marriage Act, construction of, 51

Sunday navigation on canal, 213

Supplemental bill, 192
Law Amendment Bill, 116

Subscribers of the Legal Observer, address to, 448
by priest, when necessary, 134

validity of, in certain cases, 224
Masters extra. in Chancery, 85, 166, 346, 427, 504

Taxing Masters, fees received and paid by them to the fee
in Chancery, jurisdiction of, in drainage estate cases,

fund, 200
189

qualification of, 283
qualification of their chief clerks, 277,216

| Taxation of bills by common law courts for Chancery busi-
Middlesex registry of deeds, practice at, 357

ness, 155
Mortmain, what shares in a company are not within the

costs after payment, 233

allowance for short-hand writers' notes, 282
statute of, 231

where attorney acted as advocate only, refused, 317
Neale's Law of Feasts and Fasts, 173

between party and party, what costs allowed, 436
Next of kin, according to civil and canon law, 211

Temporary laws, 23
Notice to produce, when unnecessary, 396

Testamentary Dispositions Act, 313

Trader, Custom House agent, 224
Oaths Dispension Bill, 5

Trade marks, injunction for pirating, 497
Act, 253

Trial, peremptory undertaking, 276
Orders, new, see Chancery

new, on behalf of one defendant, 496
House of Commons, 360

Trust estates, devise of, 3, 142
Outstanding Terms Bill, 101

Trustees, cotice to, on disposal of equitable interests, 170
Act, 354

Turnpikes Continuance Act, 492

raper books for judges to contain abstract of points. 102 T Unclaimed Stock and Dividends Act, 375
Parliamentary proceedings relating to the law, see end of each

United Law Clerks' Society, 178, 201
No. during the session.

University of the law projected, 129
Partnerships, professional, dissolved, 85, 166, 246, 346, 427,504 Usury on charge or security of lands, 57, 302
Paupers' Removal Act, 431, 492

Bills Act, 375
Peers, the several classes of, 483

notes on, 471
Pensions, wliere not available to creditors, 82

Voluntary deed, how far enforced, 259
Poison, attempt to, 110
Power of attorney, who entitled to possession of, 91

Wager, when not recoverable, 112
Pounding cattle, 142

Wagers Recovery Abolition Act, 389
Private acts, list of, 465

Warren's Law Studies reviewed, 336
bills, orders of the House of Commons, 360

Warrant, attestation of, 155
Privy Council Appeals Act, 195

of attorney, when valid against assignees, 495
notes on, 470

usurious as operating on land, 57
Privilege of parliament in staying actions and imprisoning | Welsh Sheriffs' Act, 254
attorneys, 214

notes on, 470
Privileged communications, 201

Wild animals, property in, 452
Profert and inspection of documents,

Witness, prochein amy, 453
Property lawyer, see Contents

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