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circumstances rendering the bond illegal, as that it was executed after the return; or if a proper case has been made out, showing that the party bailed never was in the county or heard of the writ, and that the bail were imposed on, then they might have been entitled to relief on non est factum pleaded. But the onus of proving such fraud or circumstances of illegality lies upon them. Per Littledale, J. Taylor v. Clow, 10 B. and C. 226.

324. Ejectment-twenty years' possession a sufficient title.] Thus where the plaintiff proved twenty years possession, and the defendant proved that he had been in possession subsequently for ten years, it was held that the plaintiff was entitled to recover. Doe v. Cooke, 7 Bingh. 346.

332. Ejectment-demand in case of lawful possession.] If the agent of a mortgagee applies to a person in the possession of the land, for rent, he cannot afterwards eject him without a demand of possession. Doe v. Halls, 7 Bingh. 322.

334. Notice to quit by jointenant.] A notice to quit given by one of several jointenants on behalf of the others, will determine the tenancy as to all. Doe v. Summersett, 10 B. and C. 135.

363. Marriage void by publication of banns in wrong name.] The rules on this subject are fully laid down by Lord Tenterden in R. v. Inhab. of Tibshelf, 1 B. and Ad. 195. "These rules are fully established, first, if there be a total variation of name or names, that is, if the banns are published in a name or names totally different from those which the parties, or one of them ever used, or by which they were ever known, the marriage in pursuance of that publication is invalid, and it is immaterial in such cases, whether the misdescription has arisen from accident or design, or whether such design be fraudulent or not.

But, secondly, if there be a partial variation of name only, as the alteration of a letter or letters, or the addition or suppression of one christian name, or the names have been such as the parties have used, and been known by at one time and not at another, in such cases, the publication may or may not be void; the supposed misdescription may be explained, and it becomes a most important part of the inquiry, whether it was consistent with honesty of purpose, or arose from a fraudulent intention. It is in this class of cases only, that it is material to inquire into the motives of parties.

374. False imprisonment.] By stat. 7 and 8 Geo. IV. c. 29, s. 63, any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of that act, except only the offence of angling in the day-time, may be immediately apprehended without a warrant by any peace officer, or by the owner of the property on or with respect to which the offence shall

be committed, or by his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law.

There is a similar provision in the malicious injuries act, 7 and 8 Geo. IV. c. 30, s. 28. To justify the apprehension of an offender under this act, he must be taken in the fact or on a quick pursuit. Hanway v. Boultbee, 4 C. and P. 350.

395. Trover, proof of property in the plaintiff.] Where the defendant, a wharfinger, acknowledged certain timber on his wharf to be the property of the plaintiff, it was held that he could not afterwards dispute the plaintiff's title in an action of trover. Gosling v. Birnie, 7 Bingh. 339.

405. Evidence of conversion by demand and refusal.] The captain of a ship who had taken goods on freight and claimed to have a lien on them, delivered them to a bailee. The real owner demanded them of the latter, and he refused to deliver them without the directions of the bailer. Held that the bailer not having lien upon the goods, the refusal by the bailee was sufficient evidence of a conversion. Wilson v. Anderton, 1 Barn. and Adolph.

450.

414. Notice of disputing bankruptcy.] Where notice of disputing the trading, &c. has been given, and part of the amount claimed could not have been recovered by the bankrupt, the proceedings are not proof of the trading, &c. except as to the amount for which the bankrupt himself might have sued. Gibson v. Oldfield, 4 C.

and P. 313."

450. Competency of bankrupt.] A bankrupt cannot be called to explain an act which may defeat his commission. Sayer v. Garnett, 7 Bingh. 103.

19 Eng. Com. Law Reps. 415. ☐ 19 Id. 403.

INDEX.

ABANDONMENT:

A.

when necessary in order to constitute a
total loss. 187.

what loss is necessary to justify an
abandonment. Id.

effect of. Id.

may be by parol, but must be certain. Id.
188.

notice of must be given in reasonable
time. Id.

must be refused within a reasonable time.
Id.

party jointly interested may give notice.
Id.

unnecessary in case of total loss. Id.
ABATEMENT:

evidence upon pleas in. 237.

plaintiff must prove amount of damage.
Id.

which party begins. 133.

on plea of non-joinder of co-contractor.
Id.

bankrupt co-contractor must be joined.
Id.

if he pleads bankruptcy, nolle prose-
qui must be entered. Id.
infant co-contractor must not be join-
ed. Id.

if non-joinder pleaded, infancy may
be replied. Id.

plaintiff must not take issue. Id.
co-contractors not general partners.
Id.
dormant partner, non-joinder of can-
not be pleaded. Id. 238. See Ad-
denda. 516.

it must be shown that plaintiff knew
he was dealing with the partner-
ship. 238.

letter from one partner, promising
payment, without mention of his
partners, conclusive against plea.
Id.

eases in which either one or several
may be sued. Id.

competency of witnesses. Id.

party not joined competent for plaintiff,

but not for defendant. Id. 89.

but his declarations before ac-
tion admissible for defendant.
238.
plea of misnomer.

ABATEMENT-continued.

plea on baptismal name need not be
proved. 239.

unless necessary by form of plea.
Id.

evidence on replication that bail
has been put in by wrong.
name. Id.

non-joinder of tenant in common of land,
or defendant in tort. 47.

effect of plea of non-joinder, where the
party not joined is protected by sta-
tute of limitations. 255.

plea of non-joinder taken away in actions
against carriers by stat. I W. IV. c.
68. 284.

plea of non-joinder of other tenants in
common in covenant. 312.

jointenancy or tenancy in common of
plaintiff in trespass, q. c. f. must be
pleaded in abatement. 386.
non-joinder of another executor as plain-
tiff must be pleaded in abatement. 465.
where plaintiff sues half hundred instead
of hundred. 504.
ABBREVIATIONS:

will not vitiate attorney's bill. 197.
ABSTRACT :

vendor must be prepared to verify, 140.
142.
ABUTTALS:

proof of, in trespass, q. c. f. 383.
ACCEPTANCE

of goods within the statute of frauds.
216, 217, 218. See Frauds, statute of.
of lease by assignees of bankrupt, &c.
what amounts to. 312, 313.

of assignee by lessor, when defendant
must prove it in debt for rent. 319.
ACCEPTANCE of BILL of EXCHANGE
of inland bill must be in writing. 151.
of foreign bill may be by parol. Id.

what amounts to parol acceptance. Id.
absolute or conditional. Id.
general or special. Id.

drawn payable, but not accepted at
particular place within 1 G. IV. c.
78, a general acceptance. Id. 152.
general, not necessary to aver or prove
presentment. 152.
aliter if special. Id.

though special, holder need not pre-
sent bill on very day. Id.

ACCEPTANCE of BILL of EXCHANGE ACCORD and SATISFACTION-contin-

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acknowledgment by one of several ac-
ceptors when evidence against the
rest. Id.

when acceptor may set up forgery of
his hand-writing. Id.
acceptance admitted by notice to pro-
duce. Id.

proof of identity of acceptor. Id.
effect of. 153.

admits drawer's hand-writing and
procuration. Id.

so his firm and liability. Id.
but not indorsements. 154.
when evidence under common counts.
153.

where payee is drawer. Id.

not between other parties. 154.
acknowledgment evidence under ac-
count stated. Id.

no good petitioning creditor's debt on
exchange of acceptances. 419.
ACCEPTOR

when competent witness. 173.
evidence in actions against. 151. et. seq.
See Acceptance.

ACCIDENT:

excuse for not presenting a bill. 159.
accidental destruction of bill does not
excuse notice. 165.

in driving, an excuse in action for neg-
ligence. 274. 277.

carrier liable for accidental fire. 278.
ACCOMMODATION ACCEPTOR
may sue for money paid. 226.
whether giving time to, discharges
drawer. 172.

whether discharged by time given to
drawer. Id.

ACCOMMODATION BILL:

where no effects, notice of dishonour un-
necessary. 163. See Effects.

bill made payable at drawer's may be
presumed to be. 164.

indorsee for value, with notice, may re-
cover on. 167.

ACCORD and SATISFACTION
necessary to discharge written contract
after breach. 11, 12.

may be given in evidence under the ge-

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paper ascertaining amount of, requires
award stamp. 122.

when it requires a receipt stamp. 130.
ACCOUNT STATED:
assumpsit on. 235.

acknowledgment must be absolute. Id.
amount must appear. Id.

the several items need not be proved.
236.

may be maintained on balance struck
after dissolution of partnership. Id.
but semble an express promise re-
quired. Id.

account stated by or with wife. Id.
not conclusive. Id.

admits particular character. Id.
unstamped note not admissible on. Id.
award, evidence on, where submission
not by bond. Id. 115.

valuation of appraisers admissible on.
237.
acknowledgment, evidence of, in action
by payee against acceptor. 154.
infant not liable on. 245.

semble not within Lord Tenterden's act,
9 Geo. IV. c. 14, 256.

offer of sum to escape from action not
evidence on account stated. 516.
ACKNOWLEDGMENT,

not amounting to agreement, does not
require a stamp. 121, 122. 127.
distinction between acknowledgments
and receipts. 130.

by acceptor of bill, dispenses with proof
of his hand-writing. 153.

so with proof of indorsements. 154-
of liability by drawer of bill excuses no-
tice. 164.

to take a case out of the statute of limi-
tations must be in writing. 255.

ACQUITTAL

of co-defendant, for the purpose of making
him a witness, when it may be taken. 88.
proof of, in action for malicious prosecu-

ACT OF BANKRUPTCY,

stat. 6. 4. c. 15. 422.

sec. 3, departing the realm, &c. Id.
sec. 4. assignments to trustees, &c. Id.
sec. 5. arrested or committed to pris-
on, &c. 423.

sec. 6 and 7. declaration of insolven-
cy. Id.

sec. 8. trader compounding after dock-
et struck. 424.

sec. 9, 10, 11. traders having privilege
of parliament. Id.
departing the realm. 424.

must be with intent to delay. Id.
what is evidence of such intent. Id.
declarations made by trader during

the continuance of the act admis-
sible. Id.

going to Ireland is departing the
realm. Id.

departing from dwelling-house. 424.
actual delay of creditors need not
be proved. Id.

equivocal act a question for jury.
425.

departing from temporary dwelling
sufficient. 426.

declarations made at the time evi-

dence of intent. Id.

semble not if made afterwards. Id.
declaration that he departed to
avoid writ, writ need not be pro-
ved. Id.

"otherwise absent himself." 425.
what acts amount to. Id. 426.

not confined to absence from dwell-
ing-house. 426.

mere failure to keep appointment
insufficient. Id.

immaterial whether creditor delay-
ed. Id.

"begin to keep his house." 426.

ACT of BANKRUPTCY-continued.
law, or under the stat. 13 Eliz.
c. 5. Id.
conveyance fraudulent, as contrary to
the policy of the bankrupt law. 428.
of all trader's property, an act of
bankruptcy. Id.

though given for just debt,
and under arrest at suit of
creditor. 429.

and though to trustee for the
benefit of all his creditors. Id.
colourable exception of part of

his effects will not make as-
signment good. Id.

but trader may sell or mort
gage his effects. 430.

of part of trader's property not per
se evidence of fraud. 430.

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unless made in contemplation
of bankruptcy. Id.
proof of embarrassment not
conclusive evidence of con-
templating bankruptcy. Id.
what amounts to a fraudulent
preference. 431, 432.
sale void by fraud, though not
made in contemplation of
bankruptcy. 433.

lying in prison. 433.

does not relate to first day of impri-
sonment. Id.

must be for legal debt. Id.

penalty to crown sufficient. Id.
time of commencement of imprison-
ment. Id.

in cases of escape and return. Id.
arrest, &c., how proved. 434.
lying in prison, how proved. Id.
filing petition to take the benefit of the
insolvent act. 434.

what shall be notice of. 446.

actual denial of creditor need not be ACT BOOK,
proved. Id.

by bankers residing at their bank.

Id.

general order to be denied. Id.
trader secreting himself at house of
friend. Id.

denial by third person in hearing of
trader sufficient, without previous
order of denial. Id.

evidence to show that denial was

not with intent to delay credit-
ors. Id.
fraudulent conveyance, &c. scc. 3.
428.

to constitute fraudulent delivery of
goods, it must be in the nature of
a gift or transfer. Id.
creditor privy to fraudulent decd
cannot set it up as an act of bank-
ruptcy. Id.
conveyances fraudulent at common

proof of letters of administration. 60.
ACTION,
form of,

case or trespass for excessive distress.
308.

case or trespass for false imprisonment.
372, 373.

case or trespass for injuries in driving,
&c. 375.

proof of commencement of. 199. 322.
See Commencement.
ACTS of PARLIAMENT,

how proved. 53. See Parliament.
preamble, effect of. 111.

that deed is void by, must be specially
pleaded in covenant. 311.

ADJUSTMENT,

proof and effect of, in actions on policies.
186. See Insurance.
ADMINISTRATION,
letters of, how proved. 60. 349.

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