1. Corporation-- Persons sued in a collective Capacity-Commissioners of Admiralty—
1 & 2 Geo. 4, c. 93, s. 9.] By 1 & 2 Geo. 4, c. 93, s. 9, "the principal officers and
commissioners of the navy" for the time being empowered to bring and maintain
any action of ejectment or other proceeding for recovering possession of lands, &c.
vested in them, and to bring, maintain, or defend any other action in respect of the
said lands, &c., and it was enacted that in every such action they should be called by
the above name, without naming any of them. By subsequent acts, the powers, &c.
of the above body were vested in the defendants.

A writ in an action of debt against the defendants by their collective name was served
upon A. M. one of their number. It required the defendants to enter an appearance
in an action of debt, and stated that, in default, an appearance would be entered for
them. Upon a motion to set aside this writ and the service thereof for irregularity,
the affidavits stated that the action was brought for half-pay, which was not a cause
of action for which an action for debt could be maintained against the defendants by
their collective name :-

Held, first, that the court could not upon this motion look at the affidavits as to the
cause of action, and that inasmuch as the 1 & 2 Geo. 4, c. 93, s. 9, authorized some
actions of debt to be maintained against the defendants by their collective name,
there was no ground for setting aside the process as irregular. Williams v. The
Commissioners, &c., 449.

2. Secondly, (per MAULE, J.) that the proper method of effecting complete service
upon the commissioners is by serving each of them. Ib.

3. Semble that the court will never, upon motion to set aside process for irregularity,
decide that the plaintiff has no cause of action, and thereby deprive him of his appeal,
however clear the matter may appear on the affidavits. Ib.

SETTING ASIDE PROCESS.

See SERVICE.

SETTLEMENT.

See PAUPER.

Common Law, Admiralty, &c.

SHORTHAND WRITER.

See RECOGNIZANCE.

SIGNATURE.

Appeal from Revising Barrister's Court must have his Signature.]

1

Common Law, Admiralty, &c.

STAYING PROCEEDINGS.

Action-Reference to Arbitration - Insolvency.] The court will not stay an action
by the provisional assignees of an insolvent debtor of the insolvent, on the ground
that by an order of nisi prius, made in an action between the insolvent himself and
the same debtor for the same cause of action, all matters in difference in the cause
were referred to an arbitrator, before whom the matters so referred are still pend-
ing. Sturgis v. Lord Curzon, 599.

Waterworks Company-Liability in respect of Pipes.] A water company which has
laid pipes in a land tax division under a statutory power in that behalf, but which is
the owner of no land within the division, is not assessable there to the land tax; the
right in question being in the nature of an easement, and not "land" or "heredita-
ment." Chelsea Waterworks Co. v. Bowley, 376.

TENANT FOR LIFE.

See POWER.

THREATS.

See ARTICLES OF PEACE.

TIDE-WAITER.

See ELECTION.

TITLE.

Warranty of]

See WARRANTY.

TRESPASS.

1. Justification under Writ of Fi. Fa.-Admission of Warrant in Pleadings.] In tres-
pass for breaking and entering the plaintiff's house and taking his goods, defendant

Common Law, Admiralty, &c.

pleaded a justification under a fi. fa. and warrant of execution against the goods of
one G. H., which warrant was delivered to the defendant, a bailiff, to be executed,
and that under the authority of the same the defendant entered, &c. The plaintiff
replied de injuria, admitting the writ, the making of the warrant, and the delivery
thereof to the bailiff:

Held, that the existence of a warrant was admitted by the replication, and that the
defendant was not bound to prove it. Hewitt v. Macquire, 571.

2. Officer of Law.] The clerk of a county court is a mere ministerial officer, acting
under section 102 of the 9 and 10 Vict. c. 95, and is not liable in trespass for impri-
sonment under a warrant reciting a bad order. Dews v. Ryley, 469.

8. Evidence.] In trespass against a clerk of county court, he may under the plea of
"not guilty by statute" give special matter in evidence. 1b.

See LANDLORD AND TENANT. PLEADING. RAILWAY COMPANY.

TROVER.

See LOST PROPERTY.

USE AND OCCUPATION.

See PLEADING

USES.

See FRAUDULENT CONVEYANCE.

VESTING ORDER.

See INSOLVENT ACT.

VOLUNTARY CONVEYANCE.

See FRAUDULENT CONVEYANCE.

VOTER.

See ELECTION.

WARRANT.

See TRESPASS.

WARRANTY.

Of Title.] The defendant having been applied to by the plaintiff for permission to
publish a work, wrote to him as follows: "You formerly made me an offer of 501. for
the exclusive right of publishing for ten years, Captain M.'s work, 'Monsieur Violet,'
which offer I accepted and wrote to you to that effect. I possess but few of the
copyrights of the earlier portions of Captain M.'s works, and they are many of them
published in a cheap edition. I will let you know in a few days those of the works
that belong to me, that I feel disposed to offer to you. In the mean time, I shall be
glad to know if you received my last letter, accepting your offer for Monsieur Vio-

Common Law, Admiralty, &c.

let,' and if not, whether you hold the same proposal." The 50l. was afterwards paid,
for which the defendant gave a receipt to the plaintiff, expressed to be "for permis-
sion to publish Captain M.'s work, Monsieur Violet,' so long as the copyright may
endure, that right to be exclusively his own for ten years":

Held, that this amounted to an express warranty by the defendant, that he had the title
to the copyright in question. Simms v. Marryat, 330.