31 Eliz. c. 6., though the pur

Edward 6.

chaser has no intention of pre-5.& 6. c. 25. Ale Licences. 285

senting any particular individual; and a clerk being pre

Elizabeth.

sented by the purchaser, it was
8. c. 15.
held that the presentation was
void, although the clerk was not 27. c. 13.
privy to the corrupt contract. 43. c. 2.
Fox v. The Bishop of Chester,
4 & 5 G. 4.

SLANDER.

See LIBEL, 1,

SMUGGLER.

See CONVICTION, 2.

STAGE COACHES.

93

3.

5. c. 30.

8. c. 16.

11. c. 19.

778
Landlord & Tenant. 33

Bankrupt. 621. 661 STAY OF PROCEEDINGS.
Hue and Cry.

Overseers & Poor-

20. c. 19. Labourers in Hus-

rate.

Attornies.

See EJECTMENT, 3.

STOCK JOBBING.

See BOND, 1.

SUNDAY.

See CONVICTION, 3.

195 TAKING MONEY OUT OF

Habeas Corpus. 362
Notice of Action. 288

606

See SETTLEMENT BY.

43. c. 46.

Arrest.

186. 653

TRESPASS.

-

- c. 92.

Notice of Action. 286 See BANKRUPT, 3.-Seduction.

Bankrupt.

Small Debts.

361

30. 37

Local, Brighton.
Stage-coaches.

51. c. 124. Arrest.

561

72

194. 350

549

658

430 1. To trespass, for breaking and
entering a close of plaintiff cal-
led a garden, the defendant
pleaded an immemorial custom
to search for minerals in the dis-
trict within which the locus in
quo was situate, "the scites of
houses, &c. gardens, orchards
and highways excepted," and it
being proved that the locus in
quo was planted with shrubs
within the last six years, and
with potatoes just before the
trespass :-Held, that it was a
garden within the meaning of
the exception. Gilbert v. Tomi-
son, 5 G. 4.
222
352 2. Where the issue in trespass,
285

600

See COSTS, 3.-EJECTMENT, 2. After notice of trial in a libel cause, to which a justification was pleaded, the Court postponed the trial to enable the defendant to procure witnesses from abroad, (the sources of the proposed evidence being par- 2. ticularly pointed out,) but imposed the term of his undertaking to admit on the trial the publication of the alleged libel. Brown v. Murray, 5 G. 4.

TROVER.

830

1. On the 26th September A. sold by contract to B. 100 casks of tallow then lying at a wharf, and on the same day gave him a written order to the wharfingers "to weigh, deliver, transfer, and re-house" the same. Next day B. who had previously entered into a contract with C. & Co. for the sale of 300 casks of tallow, in part fulfilment of that contract, obtained from the wharfingers, and sent to C. & Co. the following acknowledg

from B.) 100 casks tallow, &c. with charges from 10th October." Upon the receipt of this C. & Co. paid B. the full amount of the tallow. Shortly afterwards the wharfingers delivered 21 of the casks to the order of C. & Co. On the 11th October B. stopped payment, and on the 14th, A. the original vendor, sent notice to the wharfingers not to deliver the remainder of the tallow to B. or his order; and though the tallow had not been weighed :-Held, in trover, by C. & Co. against the wharfingers, that after their acknowledgment that they had transferred the tallow to their account, they were estopped, and could not set up in defence a right in A. to stop in transitu. Hawes v. Where the holder of Prussian Watson, 4 & 5 G. 4. 22 bonds, issued by the sovereign of that country to secure the payment of a national loan, deposited them with an agent for a special purpose, and the agent pledged them to a third person, without fraud on the part of the latter:-Held, that as the bonds were made payable "to the bearer," they could not be recovered back in trover by the real owner. Gorgier v. Mieville, 5 G. 4. 641

TRUSTEES.

See BARON AND FEME.-
CASE, 1.

TURNPIKE.

See CASE, 1.

ment: "Messrs. C.&Co.-We USE AND OCCUPATION. have this day transferred to your

account (by virtue of an order See LANDLORD AND TENANT.

USURY.

that the plaintiff in Trinity Term, 2 G. 4. by the judgment recovered, &c. prout patet per recordum, the evidence being of a judgment in Easter Term, 3 G. 4.:-Held, not a fatal variance; for the averment "prout patet per recordum," was unnecessary, and might be rejected as surplusage, because the judgment itself was mere inducement and not the foundation of the action. Stoddart v. Pallmer, 5 G. 4. 624 VENDOR AND VENDEE. See DAMAGES, 1.—SHIP, 2.

1. A. gave to B. three bills of exchange, as a security for money lent, and usurious interest thereon. Before the bills became due, B. advanced to A. a further sum of money upon his general credit and account, by means of which A. was enabled to pay the bills-Held, that by such payment of the bills the usurious interest was also paid. Wright v. Laing, 5 G. 4. 783 2. B. had two demands against A., one upon a legal contract for goods sold, the other upon an usurious contract for money lent. A. made a payment, which was not at the time specifically appropriated by either party to The venue in an action upon an

either demand:-Held, that the law would afterwards appropri-j ate that payment to the demand for goods sold, as arising out of a contract recognised by the law,

VENUE.

award will not be changed in this Court. Stanway v. Hislop, 5 G. 4.

VERDICT.

635

and not to the demand for money See CASE.-COSTS, 3, 4. 5.—

lent, which arose out of an un

783

HUNDRED, 2-LIBEL, 2, 3.
-SEDUCTION.-TRESPASS.
-VARIANCE, 1.

lawful contract. Id.

VAN.

VICTUALLER.

See CONVICTION, 3.

See EXTORTION.-MANDAMUS.

VARIANCE.

WAIVER.

2.—See

See DUTIES.-HUNDRED, 2.- See ACTION. APPEAL, 3.LIBEL. PROMISSORY NOTE, BAIL, 1.-SHERIFF, 3.

1. SEDUCTION.

1. Declaration for striking plaintiff's cow divers blows whereof the animal died. Proof that the defendant had beaten the cow unmercifully, and that plaintiff, to shorten the animal's miseries, put it to death:-Held, after verdict, no variance. Hancock v. Southall, 5 G. 4. 202 Declaration in case for a false return to a writ of fi. fa. stated