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 what loss is necessary to justify an effect of. Id. may be by parol, but must be certain. Id. notice of must be given in reasonable must be refused within a reasonable time. party jointly interested may give notice. unnecessary in case of total loss. Id. evidence upon pleas in. 237. plaintiff must prove amount of damage. which party begins. 133. on plea of non-joinder of co-contractor. bankrupt co-contractor must be joined. if he pleads bankruptcy, nolle prose- if non-joinder pleaded, infancy may plaintiff must not take issue. Id. it must be shown that plaintiff knew letter from one partner, promising eases in which either one or several competency of witnesses. Id. party not joined competent for plaintiff, but not for defendant. Id. 89. but his declarations before ac- ABATEMENT-continued. plea on baptismal name need not be unless necessary by form of plea. evidence on replication that bail non-joinder of tenant in common of land, effect of plea of non-joinder, where the plea of non-joinder taken away in actions plea of non-joinder of other tenants in jointenancy or tenancy in common of will not vitiate attorney's bill. 197. vendor must be prepared to verify, 140. proof of, in trespass, q. c. f. 383. of goods within the statute of frauds. of assignee by lessor, when defendant what amounts to parol acceptance. Id. drawn payable, but not accepted at though special, holder need not pre- ACCEPTANCE of BILL of EXCHANGE ACCORD and SATISFACTION-contin- acknowledgment by one of several ac- when acceptor may set up forgery of proof of identity of acceptor. Id. admits drawer's hand-writing and so his firm and liability. Id. where payee is drawer. Id. not between other parties. 154. no good petitioning creditor's debt on when competent witness. 173. ACCIDENT: excuse for not presenting a bill. 159. in driving, an excuse in action for neg- carrier liable for accidental fire. 278. whether discharged by time given to ACCOMMODATION BILL: where no effects, notice of dishonour un- bill made payable at drawer's may be indorsee for value, with notice, may re- ACCORD and SATISFACTION may be given in evidence under the ge- paper ascertaining amount of, requires when it requires a receipt stamp. 130. acknowledgment must be absolute. Id. the several items need not be proved. may be maintained on balance struck account stated by or with wife. Id. admits particular character. Id. valuation of appraisers admissible on. semble not within Lord Tenterden's act, offer of sum to escape from action not not amounting to agreement, does not by acceptor of bill, dispenses with proof so with proof of indorsements. 154- to take a case out of the statute of limi- ACQUITTAL of co-defendant, for the purpose of making ACT OF BANKRUPTCY, stat. 6. 4. c. 15. 422. sec. 3, departing the realm, &c. Id. sec. 6 and 7. declaration of insolven- sec. 8. trader compounding after dock- sec. 9, 10, 11. traders having privilege must be with intent to delay. Id. the continuance of the act admis- going to Ireland is departing the departing from dwelling-house. 424. equivocal act a question for jury. departing from temporary dwelling declarations made at the time evi- dence of intent. Id. semble not if made afterwards. Id. "otherwise absent himself." 425. not confined to absence from dwell- mere failure to keep appointment immaterial whether creditor delay- "begin to keep his house." 426. ACT of BANKRUPTCY-continued. though given for just debt, and though to trustee for the his effects will not make as- but trader may sell or mort of part of trader's property not per unless made in contemplation lying in prison. 433. does not relate to first day of impri- must be for legal debt. Id. penalty to crown sufficient. Id. in cases of escape and return. Id. what shall be notice of. 446. actual denial of creditor need not be ACT BOOK, by bankers residing at their bank. Id. general order to be denied. Id. denial by third person in hearing of evidence to show that denial was not with intent to delay credit- to constitute fraudulent delivery of proof of letters of administration. 60. case or trespass for excessive distress. case or trespass for false imprisonment. case or trespass for injuries in driving, proof of commencement of. 199. 322. how proved. 53. See Parliament. that deed is void by, must be specially ADJUSTMENT, proof and effect of, in actions on policies. |