dict had been given for the plaintiff. The Judge stating to the Court that he considered it as in effect put in: Held, on motion to enter a verdict for nominal damages for want of proof of the bond, or other evidence of the value of the goods, that the bond must be considered as having been in effect proved at the trial.

In an action against the sheriff for taking insufficient sureties in a replevin bond, the penalty of the bond is the limit of damages. Jeffery v. Bastard,

823.

3. Proceeding to sale under writ of execution. Post, VI.

II. When entitled to indemnity from execution creditor. Post, VI.

III. What discretion sheriff has as to de

VII. Money paid to, on arrest, when recoverable back.

A certificated bankrupt, being arrested on a ca. sa. for a debt proveable under the commission, paid the money under a protest, stating his bankruptcy and certificate, and warning the sheriff that he should apply to the Court to have the money paid back :

Held, that this was not such a payment of money under legal process, with knowledge of the facts, as precluded the bankrupt from recovering back the money. Payne v. Chapman,

364.

VIII. Damages in action against, for taking insufficient sureties. Antè, I. 2.

SIMILITER.

on arrest. Antè, I. 1.

IV. What amounts to consent and refusal by party arrested to name a dwellinghouse to which to be taken. Antè, I. 1. V. What amounts to a nomination of a dwelling-house by party arrested. Antè,

1.1.

VI. When Court will interfere for his protection under Interpleader Act.

Under s. 6. of the Interpleader Act, 1 & 2 W. 4. c. 58., the Court will not make a rule for the protection of sheriff who has levied under a fi. fa., merely because a partner of the debtor has given notice to the sheriff to quit possession on the ground that the goods are partnership property, and that the debtor has no beneficial interest in them, being indebted to the firm beyond the amount of his share in the effects.

The sheriff's duty is to sell the share, though he may not be able to ascertain the amount of actual interest.

But the Court will, in the above case, interfere under the act for the sheriff's protection, if the creditor disputes the partnership.

And where the creditor, having appeared under the interpleader rule and not contested the partnership, whereupon the rule was dismissed, afterwards refused to admit it, and ruled the sheriff to return the writ, the Court enlarged the latter rule till the creditor should indemnify the sheriff. Holmes v. Mentze,

127.

I.

To an action of trespass for false imprisonment, defendant pleaded leave and licence; to which the plaintiff replied de injuriâ, concluding to the country, without an "&c.;" and no issue was joined on this. There were also pleas of justification, under claims to detain the plaintiff till he made certain payments, which pleas were replied to, and issues joined on the replication: Held, that the defendant could not take advantage of the informality, after trial and verdict for the plaintiff. Spencer v. Hamerton, 419.

STAMP.

Ad valorem stamp, under st. 55 G. 3. c. 184.; how value estimated. Assumpsit, II. 2.

II. On an instrument already stamped as, and purporting to be, an instrument of a different kind.

An instrument which, in other respects, was a promissory note, and had been properly stamped as such before making, contained in the body of it a memorandum that the maker had deposited certain title deeds with the payee as a collateral security. After it was made, it was stamped with a proper mortgage stamp on payment of the penalty.

Held, that this was an assignable promissory note under stat. 3 & 4 Ann. c. 9. s. 1., and that it might be sued on by an indorsee, though the mortgage stamp was put on after the making,

and

and though there was no assignment stamp.

If an instrument containing a mortgage be also a promissory note, it may still be stamped with a mortgage stamp, after the execution, provided it has a promissory note stamp on it at the time it is executed. Wise v. Charlton, 786. III. Evidence relating to.

1. When document not produced will be presumed to be properly stamped. Assumpsit, II. 2.

2. How far unstamped instrument may be referred to, and incorporated with stamped one. Landlord and Tenant, I.

3. Agreement for what

purposes ad

missible without stamp. Under Lord Tenterden's act, 9 G. 4. c. 14. s. 8., the following memorandum, "I acknowledge to owe M. 36., which I agree to pay him as soon as my circumstances will permit," is exempt from stamp duty, as a writing made necessary by that statute, provided it be put in for the mere purpose of barring the Statute of Limitations, the debt itself being proved by other evidence. Morris v. Dixon, 845. 4. Old lease whether admissible to prove terms of subsequent holding without stamp. Evidence, XII.

STATUTE.

FIRST: Decisions on particular public and general statutes.

I. 43 Eliz. c. 2. (Poor) s. 19., how far affected by new rules of pleading. Pleading, V. 1.

II. 43 Eliz. c. 6. (Costs.) Judge's certificate, how far conclusive. Costs, VI.

III. 21 Jac. 1. c. 16. (Limitation of actions.)

1. Unliquidated damages.

Assumpsit for unliquidated damages is within the saving clause in sect. 7. of the Statute of Limitations, 21 Jac. 1. c. 16. Piggott v. Rush, 912. (See remainder of placitum, Post, III. 2.) 2. Imprisonment, what bars operation of statute.

If a party, who is in prison when the cause of action accrues, commences an action after the six years have elapsed, but during the continuance of the imprisonment, the operation of the statute

IV.

STATUTE, III.-X.

is barred by the saving clause in sect. 7. Piggott v. Rush, 912. (See remainder of placitum, Antè, III. 1.)

3. Plea under, how far it must confess cause of action. Pleading, V. 3.

15 & 14 Car. 2. c. 12. (Poor.) What constitutes a 66 coming to inhabit within a parish. Poor, VII.

V. 3 & 4 Ann. c. 9. (Promissory notes). What constitutes a note. Stamp, II. VI. 4 Ann. c. 16. (Pleading several matters.) Costs of issues how affected by Gen. Rule, Hil. 2 W. 4. I. 74. Costs, I. 5. (2.)

VII. 8 Ann. c. 9. (Indenture of Apprenticeship.)

1. Execution of Indenture.

III. 3.

Poor,

2. What must be stated in Indenture. Poor, III. 1.

VIII. 7 G. 2. c. 20. (Redemption of mortgages.) Re-conveyance of mortgaged property to mortgagor. Mortgage, V.

IX. 11 G. 2. c. 19. Landlords and Tenants.) What constitutes a hereditament within sec. 14. Landlord and Tenant, XI.

X. 17 G. 2. c. 3. (Poor rates.)
1. Inspection of poor rates.
(1.) Who entitled to.

In debt for a penalty, on stat. 17 G. 2. c. 3. s. 3., for not permitting the inspection of a poor rate, the declaration described the plaintiff as "an inha bitant of the parish:"

Held, that this sufficiently shewed that he was a party aggrieved.

The declaration described the defendant as "assistant overseer" in the parish, and alleged that he, as such assistant overseer, had the rate in his possession: Held, that this sufficiently shewed his duty and liability.

Plea, that the plaintiff' had no right to inspect the rate, it not being a subsisting rate, or such a rate as he was entitled to inspect:

Held, bad on general demurrer.

Conceded, that no answer was furnished by pleas stating facts which shewed that the time for appealing against the rate had elapsed before the request to inspect was made. Batcheldor v. Hodges, 592.

(2.) To

2. What sufficient averment on plead-
ings of party being agrieved. Antè,
1. (1.)

XI. 52 G. 2. c. 28. (Lords' Act.)

1. Service of notice under. Notice,
IX. 1. (1.)

2. Taking party arrested to a dwelling
house. Sheriff, I. 1.

XII. 5 G. 5. c. 46.
tion of Indenture.
XIII. 13 G. 3. c. 78.

(Stamps.) Execu-
Poor, III. 3.
(Highways.)

1. In what it differs from st. 55 G. 3.
c. 68. Highway, VII. 5. (2.)
2. Order of Justices under s. 17., what
it must state. Highway, VII. 3. (2.)
3. Surveyor's assessment, under ss. 30.
and 45., how to be pleaded. Plead-
ing, IX.

XIV. 35 G. 3. C.
101. (Removal of
paupers.) Expenses of pauper after
suspended order of removal. Poor, II.
XV. 41 G. 3. C. 109. (Inclosure.)
Liability to repair highway. Highway,
V. 1.

XVI. 43 G. 5. c. 46. (Frivolous ar-
rests.) Defendant's costs: what will
be presumed after verdict. Pleading,
VIII. 1.

123. (Imprison-
Discharge of

XVII. 48 G. 3. C.
ment for small debts.)
prisoner. Execution, 2.
XVIII. 50 G. 3. c. 117. (Public sala-
ries and pensions.) Superannuation
allowance under. Mandamus, II. 1.
XIX. 55 G. 3. c. 127. (Church rates.)
1. Appeal against order for payment of
rate, to whom notice to be given.
Rate, I. 6.

2. Enforcing payment of rate.

Man-

damus, II. 5.; Prohibition, I.
XX. 55 G. 3. c. 68. (Highways.) What
order of Justices for stopping up high-
way must state. Highway, VII. 3. (2.)
VII. 4.

XXI. 55 G. 5. c. 184. (Stamp.) Stamp
on assignment. Assumpsit, II. 2.
XXII. 56 Geo. 3. c. 189. (Parish appren-
tice.) Notice previous to binding of
apprentice. Poor, III. 2. (1.)
XXIII. 59 G. 3. c. 12. (Poor.) Effect
of, in vesting parish property.
Land-
lord and Tenant, V.

and pensions.) Superannuation allow-
ance. Mandamus, II. 1., II. 2.
XXV. 6 G. 4. c. 16. (Bankrupts.)

1. Sec. 72.

XXVIII. 9 G. 4. c. 14.
actions.)

(Limitation of

1. What amounts to part payment.

Where it has been agreed between
debtor and creditor that the latter
shall receive goods in reduction of
his demand, the delivery of such goods
operates as a payment within stat.
9 G. 4.c. 14. s. 1., to bar the Statute of
Limitations. Hooper v. Stephens, 71.
See also Evidence, XV. 2. (2.)

2. Memorandum in writing; how far
stamp necessary. Stamp, III. 3.
XXIX. 9 G. 4. C. 51. (Offences
against the person.) Form of con-
viction under. Conviction, I.

XXX. 1 W. 4. c. 18. (Settlement by
renting tenement.) Occupation and
payment of rent. Poor, V. 1.

XXXI. 1 W. 4. c. 21. (Prohibition and
Mandamus.)

Power to plead several pleas in prohi-
bition. Pleading, V. 9.

XXXII. 1 & 2 W. 4. c. 32. (Game.) Con-
viction under. Conviction, II.

XXXIII. 1 & 2 W. 4. c. 58. (Inter-

pleader.) See Sheriff, VI.; Interpleader.
XXXIV. 2 W. 4. c. 39. (Uniformity of
process.) Whether it applies to causes
from inferior Courts. Pleading, IV. 1.
XXXV. 2 & 3 W. 4. c. 71. (Prescription.)
1. Construction

XXXVI. 3 & 4 W. 4. c. 40. (Irish paupers.)

Removal of pauper. Poor, VIII.

XXXVII. 3 & 4 W. 4. c. 42. (Amendment of the Law.)

1. Who rendered competent witnesses by sect. 26. Evidence, VII. 2. (1.) 2. Defence under general issue, when not affected by rules of Court. Pleading, V. 1.

XXXVIII. 4 & 5 W. 4. c. 76. (Poor.) 1. How far applicable to Irish pauper. Poor, VIII.

2. Notice and grounds of appeal, under sects. 79 & 81. Poor, IX. 1.

XXXIX. 5 & 6 W. 4. c. 33. (Removal of indictments) Removal by one of several defendants; its effect. Cerliorari, IV.

XL. 5 & 6 W. 4. c. 59. (Cruelty to animals.) What is a matter done within.

A hired driver of a cabriolet having brought home the horse, apparently much ill-used by him, the owner's son (in the owner's absence) called in a policeman, and told him that the driver had ill-used the horse. The policeman said that, if the complainant charged the driver with cruelty to the horse, he would take him into custody; the complainant said, "I do;" and the policeman apprehended the driver, under stat. 5 & 6 W. 4. c. 59. s. 9.

Held, that the complainant must be considered, not as a party giving information to the officer, in consequence of which he was arrested, but as a principal causing the arrest to be made; and that he was not entitled to notice of action, which the statute requires to be given to persons sued for anything done in pursuance of it. Hopkins v. Crowe, 774.

XLI. 5 & 6 W. 4. c. 76. (Municipal Corporations.)

1. Right of burgesses to inspect voting papers. Corporation, III.

2. Effect of, on jurisdiction of Justices.

By stat. 2 & 3 W. 4. c. 64. s. 36. sched. (O.) 30., Clifton is made a part of the parliamentary borough of Bristol, which is a county of itself. Except so far as that act operated, it was in the county of Gloucester: Held that, after the passing of the Corporation Act, 5 & 6 W. 4. c. 76. ss. 7, 8, the Glouces tershire justices had no longer the power to make an order for diverting a footway in Clifton, their jurisdiction, in such cases, being transferred to the justices of Bristol. Rex v. Justices of Gloucestershire, 689.

SECONDLY: Decisions on local acts.
XLII. River Nene navigation.

By one section of an act of parliament, it was enacted, that money allowed by commissioners of a navigation to their clerk, appointed by them, should be paid by the proprietors of the tolls on the navigation, in certain proportions. A subsequent section enacted that, if any proprietor should neglect or refuse to pay on demand made either of him or his agent, the money might be recovered by action of debt, &c., with double costs, in the clerk's name, against such proprietor, or, if he could not be found, against his agent; or otherwise the sum might be levied by distress upon the goods of the proprietor, or, if no such goods could be found, on the goods of his agent.

The clerk obtained a verdict in debt against a proprietor, on an issue of nil debet, but had averred no demand in the declaration:

Held, that the right of action was given by the two sections conjointly: that the demand, if necessary to the action, must be presumed after verdict; and, therefore, that the declaration must be considered as framed, and the verdict recovered, under both sections, and that the plaintiff was entitled to double costs. Tibbits v. Yorke, 134. XLIII. Hatfield Inclosure Act, construction of as to highways. Highway, V. 1.

XLIV. Stopping up roads under Easthampstead Inclosure Act. Highway, VII. 4.

XLV. White

The lord of a manor, as owner of a market in the parish of W., was entitled to part of certain market tolls in W. By an act for better paving part of W., authority was given to levy rates for the purposes of the act; and by the same act the market tolls were made payable to commissioners, who were to collect them and to pay over to the lord a part equivalent to his former dues. There was no clause in the statute making the lord rateable in respect of these payments.

By a subsequent local public act, for the relief of the poor in W., for cleansing, lighting, and watching, and for repair of highways, in W., and for repairing the parish church, it was enacted (sect. 53.) that certain rates should be laid " upon all and every the person and persons who do and shall inhabit, hold, occupy, possess, or enjoy any land, house, shop, warehouse, or other building, tenement or hereditament; that is to say," one rate for the relief of the poor, one for repair of the church, and a third for cleansing and lighting streets, and watching and repairing highways within such parts of the said parish as are not within certain liberties; such last-mentioned rate to be a pound rate (not exceeding a certain proportion)" upon or according to the annual rent or value of all messuages, lands, tenements, and hereditaments as shall be held or occupied within such parts of the said parish as are not within the said liberties." By a subsequent section, the rates for the poor were to be levied and recovered in the same manner as poor rates are directed to be levied and recovered by stat. 43 Eliz. c. 2.

In several subsequent clauses of this act, and in the rating clause and a previous one of the paving act, the words "tenement" and hereditament were used with reference to corporeal hereditaments solely.

Held, that, in sect. 53. of the more recent act, "hereditaments," in the clause fixing the pound rate, meant such as were local and corporeal only; and that "hereditament" in the prior clause of the same section must be construed in the same sense: and there

fore that the payments to the lord in lieu of toll were not ratcable under this act. Colebrooke v. Tickell, 916. XLVI. Compensation under railway act. By the Liverpool and Manchester Railway Act it was provided that the purchase money to be given by the Railway Company for lands, &c., taken, and the compensation they were to make for damage to lands, &c., and for detriment, injury, damage, loss, inconvenience, or prejudice, sustained by owners and occupiers, should be ascertained, in case of disagreement, by a jury, who should assess compensation for the damages to be sustained by any person being owner or occupier of or interested in such lands, &c., for the detriment, &c., which should accrue to him by reason of the making of the railway, or of the execution of the company's power; such damages to be settled distinctly from the value of the lands. And every tenant at will, lessee for a year, and other person in possession of lands, &c., through which the railway was intended to pass, not having any greater interest than as tenant at will or lessee for a year, was to give up possession at six months' notice; but, where such tenant was required to give up possession before the expiration of his term or interest, the company were to make compensaton for the value of the unexpired term or interest, to be settled, if necessary, by a jury.

The company gave notice as above, to a party whose lease had been several times renewed for terms of seven years, and whose landlord, at the time of the last renewal, had declined to renew for fourteen years, but assured the tenant that he would not be turned out at the end of the seven. The tenant afterwards laid out money in improvements. During the seven years the landlord sold his reversion to the company, and died.

Held, that the tenant had no interest for which the company were bound to make compensation under the act. Rex v. Liverpool and Manchester Railway Company, 650.

STAY OF PROCEEDINGS. Equitable jurisdiction of Court. Practice, XXII. STOPPAGE