is compellable to deliver a bill a month before the action, Hamilton v. Pitt, 7 Bingh. 232. Charges by an attorney for attending and advising a party in a suit are taxable charges. Smith v. Taylor, 7 Bingh. 259. In the latter case it was held that an item of 31. for money lent (for the purpose of discharging the costs of the action in respect of which the other items accrued) could not be recovered, no bill having been duly delivered. 235. Account stated.] A mere offer of a sum of money to escape from an action and to purchase peace is not evidence of an account stated. Wayman v. Hilliard, 7 Bingh. 101. 238. Plea in abatement-non-joinder of dormant partner.] "If a person contract with two others, he may sue them only; if after the contract be made, he discover that they had a secret partner who had an interest in the contract, he is at liberty to sue the secret partner jointly with them, but he is not bound to do so." Per Parke, J. De Mautort v. Saunders, 1 Barn. and Adolph. 401. 255. Statute of limitations, written promise.] If a promise in writing, taking the case out of the statute of limitations, be lost, parol evidence of its contents may be received. Haydon v. Williams, 7 Bingh. 163. Per Tindal C. J. ibid." That statute (9 Geo. IV. c. 14) did not intend as it appears to us to make any alteration in the legal construction to be put upon acknowledgments or promises made by defendants, but merely to require a different mode of proof; substituting the certain evidence of a writing signed by the party chargeable, instead of the insecure and precarious testimony to be derived from the memory of witnesses." 258. Payment taking a case out of the statute of limitations.] Atkins v. Tredgold. So after the death of one maker of a joint and several promissory notes signed by two, a payment upon it by the executor of the deceased party, will not take the debt out of the statute as against the survivor. Slater v. Lawson, 1 Barn. and Adolph. 396. 298. Case for defamation, evidence under the general issue.] Where the plaintiff declares for a libel on him in the way of his trade, the defendant may show under the general issue, that the plaintiff does not in fact carry on such trade, though the disproving of the allegation does in effect and substance disprove the truth of the imputation in the libel. Manning v. Clement, 7 Bingh. 362. 311. Evidence under non est factum.] Where a party who executes a bond is at the time competent to execute it, he cannot, under non est factum, show that he was misled as to the legal effect of the bond. Edwards v. Brown, 1 Crom. and Jev. 307. 317. Debt on bail bond—evidence under non est factum] On the plea of non est factum, the bail might have been admitted to prove circumstances rendering the bond illegal, as that it was executed after the return; or if a proper case had 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 circumstan ces 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. Fjectment 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. Iuhab 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 mar riage 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 daytime, 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 lieu 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. und 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. INDEX. ABANDONMENT: A when necessary in order to constitute a total loss. 187. may be by parol, but must be certain. Id. 188. evidence upon pleas in. 237. plaintiff must prove amount of damage. Id. on plea of non-joinder of co-contractor. Id. if he pleads bankruptcy, nolle prosequi must be infant co-contractor must not be joined. Id. if non-joinder pleaded, infancy may be replied. Id. plaintiff must not take issue. Id. dormant partner, non-joinder of cannot be pleaded. it must be shown that plaintiff knew he was dealing letter from one partner, promising payment, cases in which either one or several may be sued. Iả. party not joined competent for plaintiff, but not for but his declarations before action admissible plea of misnomer. on baptismal name need not be proved. 239. ABATEMENT-continued. evidence on replication that bail has been non-joinder of tenant in common of land, or defendant effect of plea of non-joinder, where the party not joined plea of non-joinder taken away in actions against car- plea of non-joinder of other tenants in common in co- jointenancy or tenancy in common of plaintiff in tres- where plaintiff sues half hundred instead of hundred. ABBREVIATIONS will not vitiate attorney's bill. 197. ABSTRACT: vendor must be prepared to verify. 140. 142. proof of, in trespass, q. c. f. 383. ACCEPTANCE of goods within the statute of frauds. 216, 217, 218. See of lease by assignees of bankrupt, &c. what amounts to. of assignee by lessor, when defendant must prove it in ACCEPTANCE of BILL of EXCHANGE of inland bill must be in writing. 151. what amounts to parol acceptance. Id. general or special. Id. drawn payable, but not accepted at particular place 152. general, not necessary to aver or prove presentment, 152. uliter if special. Id. though special, holder need not present bill on very how proved. Id. acceptance by several, not partners, hand-writing of if partners, partnership and hand-writing of one. |