Slike strani
PDF
ePub

c. 40.

[ocr errors]

who boarded and lodged in his house, drawing of a bill so as to prevent the a bill and a note, both at one time, for creditor from recovering for his orihis score, part of which consisted of ginal demand, before the instrument a demand for spirits, but not to the purporting to be a bill became due. amount of either bill or note; money Vyse v. Clarke,

403 was also paid on account:—Held, in 5. An offer on the part of the inan action on the securities, that, al- dorser of a bill to pay part of the though they were given at the same amount, and the costs, and to give a time, the plaintiff might recover on warrant of attorney for the residue, one of them, and also that he might will not dispense with the proof of apply the money paid in reduction of notice of dishonour. Standage v. the demand for spirits, although such Creighton,

406 demand could not be recovered, in 6. It was proved, in an action consequence of the act of 24 Geo. 2, against the indorser of a bill of ex

Crookshank v. Rose, 19 change, that, two months after it was 2. Where a bill is by the acceptor

due, it was produced to him, and inmade payable at a particular place quiries were made as to the drawer which is not his residence, proof of and acceptor; upon which he said, presentment at that place is not suffi- that if the holder would take 10s. in cient in an action against the drawer, the pound, he would secure it :~Held, without proof of the acceptor's hand- sufficient to dispense with proof of writing. Sedgwick v. Jager, 199 notice of dishonour. Dixon v. Elliott, 3. Semble, that an indorsee for va.

437 lue, who receives part payment from

7. A bill of exchange for twentythe drawer of an accommodation bill, five seventeen shillings and three and takes a new bill to give time for pence, is a bill of exchange for twenthe payment of the remainder, does ty-five pounds seventeen shillings and not thereby discharge the acceptor, three pence, and may be declared on unless he was aware that the accept- ! as such. Phipps v. Tanner,

488 ance had been given for the drawer's 8. A. procured a banking company accommodation. Rolfe v. W’yatt, 181

to advance 1001. on a bill of exWhether, if he knew that fact, it change for 3001., A. giving the comwould make any difference-Quære. pany his guarantie for the amount

Ibid. so advanced, but having no other in4. The traveller of a tradesman in terest in the bill :-Held, that A. London called on bis employer's debt- might recover the whole amount of or in the country, and, being unable to the bill in an action against the acobtain cash, consented, at the request ceptor, and not merely the amount of the debtor, to take an acceptance for which he gave his guarantie. Reid for the amount, and wrote the whole v. Furnival,

499 form of a bill except the name of the 9. In an action on a bill of exdrawer, and sent it up to his employer, change, where the defence is that the telling the debtor that he did not think bill had been altered, the defendant it would be satisfactory. The em- cannot go into evidence to shew that ployer kept the bill, but did not put other bills had been likewise altered. his name to it as drawer. The tra- Thompson v. Mosely,

501 veller had no authority to sign bills, but was in the habit of sending them

BOND. up without a drawer's name, to prevent risk by loss:--Held, that these

See STAMP. facts did not amount to proof of the

A bond was executed by a person who could not write:-Held, that if months, he must bring ejectment. there was no other plea besides non

Trotter v. Simpson,

51 est factum, the defendant's counsel

BURGLARY. could not ask whether the bond was read over to the defendant before he If a married woman take a house, signed it, nor what was the transaction in which a burglary is committed, the respecting which it was given. Cran

house must be laid as the house of brook v. Dadd,

402

the husband, although she be living

separate from him. Rex v. Smyth, 201 BRIBERY.

CARRIER.
See TREATING.

See Stage Coach. 1. Two of the electors of a borough

1. In stating the termini of the went to a banker there, and said, they journey in declaring against a carrier, wished to draw checks upon the bank.

the word London will be taken as a The banker promised to honour any

nomen collectivum, including all that checks they might draw. The checks

is commonly so called, and not the drawn were signed by one only, but

city merely. Beckford v. Crutwell, the account in the banker's books was

242 opened in the joint names :-Held,

2. If a carrier directs goods to be that they might maintain a joint ac

sent to a particular booking office, he tion against the candidate in whose

is answerable for the negligence of interest they were, if he adopted the

the booking office keeper. ColepepGood,

380 payments made. Bremridge v.Camp- per v; bell,

186 3. In an action against the carrier, 2. Semble, that, where the same sum

the person at the booking office who is given to every voter coming from

delivered the goods to the carrier, is a the same place to an election, for his competent witness to prove the state travelling expenses, it is bribery; and in which they were delivered. Ibid. it is not the less so, though all the

CATTLE. candidates agree in the payment of the same amount. But it is for the

If A. set fire to a cow-house and jury to say, in an action by an agent

burn to death a cow wbich is in it, A. of the candidate to recover the amount

is indictable under the statute 7 & 8 from his principal, whether the money

Geo. 4, c. 30, s. 16, for killing the

559 was bona fide paid for expenses, and

cow. Rex v. Haughton, expenses only.

Ibid.
CERTIFICATE FOR EXECU-

TION.
BUILDING ACT.

1. Practice as to certificates for The building act, 14 Geo. 3, c. 78, execution, under the statute 1 Will. 4, s. 100, limits actions to be brought c. 7, s. 2. Barford v. Nelson, 8 within three months. A. had begun 2. In cases of ejectment, the certi. to build a party wall, partly on the ficate of the Judge must, under the soil of B., more than three months slat. 11 Geo. 4, c. 70, s. 38, be for before the action, but had not com- immediate possession, or the case pleted it till within that time:-Held, must take its ordinary course; but if that B. might recover for such part the Judge should think that some of the trespass as

was committed time ought to be allowed to the dewithin the time limited; but that, if fendant, he will grant a certificate for nothing had been done within the three immediate possession, the lessor of the

plaintiff undertaking not to enforce it for a certain time. Doe d. Packer v. Hilliard,

132

COMMENCEMENT OF

ACTION.
See Time.

CHARITABLE INSTITUTION.

COMPOSITION. 1. A member of a committee of

1. A., being a creditor of B., had management, taking an active part in

executed a composition deed, in which the concerns of a charitable institu

it was stipulated that the debt should tion supported by voluntary contribu- be paid at 6s. in the pound, by protions, is liable for goods furnished by missory notes. After executing this a tradesman for the use of the insti- deed, A. obtained payment from B. tution, although it appear that such in full:-Held, that B. could not retradesman did not furnish them on cover back the difference between the any contract with the committee, but full amount and 6s. in the pound, having at first furnished goods on the without proving that the composition credit of an individual, who, previous- notes had been paid, or giving some ly to the formation of a committee, evidence that would be equivalent to had the sole management, continued such proof. Ward v. Bird, 229 to send them in afterwards on orders 2. A. advanced 1001, to B. on the given, as before, by the servants of joint and several promissory note of the institution, without any inquiry as B. and C., the latter at that time owto who was liable to pay him. Glenes

ing A. 65l. on his own account. C. ter v. Hunter,

62

failed, and, at a meeting of his credi2. If a builder do work at an in- tors, A. and others entered into a retended hospital on the order of the solution that C. should assign certain physician and surgeon, they being an

property for the benefit of his credinounced to deliver lectures there, and

tors; and that his creditors should being members of the provisional com- give him a release. A., at the meetmittee, such builder is not bound to

ing, stated bis debt to be 651., and he look solely to the funds of the hospi- afterwards received a dividend on that tal for payment, but may sue the per- sum; subsequently to this B. failed: sons who gave the orders, unless he

-Held, that A. could not then sue was distinctly informed that the deal

C. on the promissory note. Seager v. ing was to be on the terms of looking Billington,

456 for payment to the funds of the hospital only. Pink v. Scudamore, 71

CONCORDAT.
CLERK.

Where parties have become bank

rupt in France, but have been reinSee Parish Clerk.

stated in their affairs by a concordat;

it is not necessary in an action brought CLOTH TRADE.

by them for money due to them beSemble, that there is not any cus- fore their bankruptcy, to prove that tom in the cloth trade, by which a they have performed their part of the tailor, who receives cloth from a clo- concordat, but they should shew that thier which he does not approve, is the action is brought with the assent bound to pay for it, if, when sent of the commissioners named therein. back, it does not reach the seller, un- Orr v. Browne,

414 less he shews that he has delivered it to the seller's order in writing. Da

CONFESSION. vies v. Halton,

69 1. On the trial of a prisoner, who

ducement to the prisoner to confess: -Held, that what the prisoner said to the turnkey could not be received in evidence, more especially as the turnkey had not given the prisoner any caution. Rex v. Cooper, 535

6. A man and woman being apprehended on a charge of murder, another woman, who had the female prisoner in custody, told her, that she “had better tell the truth, or it would lie upon her, and the man would go free:"Held, that a declaration of the female prisoner, made to this woman afterwards, was not receivable in evidence. Rex v. Enoch,

539 7. A statement relating to an offence, made upon oath by a person not at the time under suspicion, is admissible in evidence against him, if he be afterwards charged with the commission of it. Rex v. Tubby, 530

CONSTABLE. See ForciblE ENTRY, 3.- IMPRISON

has made before a magistrate a voluntary confession of his guilt, previous to the conclusion of the evidence against him, which confession is taken down in writing, and signed by the prisoner, and attested by the magistrate's clerk; the proper course is, for the clerk to give evidence of the prisoner's statements, refreshing his memory by the written paper. Rex v. Bell,

162 2. A prisoner, indicted for stealing two heifers, said: “I drove away two heifers from the World's End Dolver,'” (i.e. Fen). The prosecutor's farm was called by that name, but he could not swear that there was not any other of the same name in the neighbourhood :-Held, insufficient to warrant a conviction. Rex v. Tuff's,

167 3. A prisoner ought to be told by the magistrate, that, if he makes any statement, it may be used as evidence against him; and that he must not expect any favour if he confesses: but the magistrate ought not to dissuade him from confessing. Rex v. Green,

312 4. A girl, accused of poisoning, was told by her mistress, that if she did not tell all about it that night, a constable would be sent for in the morning to take her before a magistrate; she then made a statement, which was held to be not admissible in evidence. Next day, a constable was sent for, and as he was taking her to the magistrate, she said something to him, he having held out no inducement to her to do so :-Held, that this was receivable, as the former inducement ceased on her being put into the hands of the constable. Rex v. Richards,

318 5. The committing magistrate had told a prisoner, that he would do all that he could for him if he would make a disclosure; after this, the prisoner made a statement to the turnkey of the prison, who held out no in

MENT.

CONTRA PACEM. See INDICTMENT, 3.

CONVICTION. See DEER. EVIDENCE, 3.

COPYRIGHT. See AUTHOR, 2.

CORN TRADE. By custom in the corn market, a buyer may pay the factor upon discount within the two months which constitute the ordinary time for payment, either for his own accommodation, or that of the factor; and, therefore, where a factor stopped payment after he had received the money for corn sold, but before the expiration of the two months, it was held, that the principal could not sue the buyer, but must look to the factor. Heisch v. Carrington,

471 COSTS. See EXPENSES.-LANDLORD AND

TENANT, 6.

DEER.

See Park. On an indictment under the stat. 7 & 8 Geo. 4, c. 29, s. 26, for killing a deer after a previous summary conviction, a conviction by two Justices of the previous offence was put in:Held, that such a conviction was good. This conviction, in stating the offence, did not state the place at which it was committed; but the Justices, in awarding the distribution of the penalty, awarded it to the overseers of D. in the said county, “where the said offence was committed;"--Held, sufficient. Rex v. Weale,

131

3. If the jury, in such a case, are satisfied that B, held out A. as a person authorized to pledge his property for the purpose of raising money, they may find a verdict for both defendants.

Ibid. DISTRESS. See LANDLORD AND TENANT, 4, 5, 7.

RECEIVER. The carriage of A., being on the premises of B., was seized by C. for rent due by B. to his landlord, D. In an action of trover brought by A. against C., a witness proved that B. had held the premises of D. for more than a year, but that he had a lease of them :--Held, that the lease must be produced and given in evidence, and that B.'s acquiescence in the distress would not dispense with such proof. Shepherd v. Cafe,

418

DEPOSITIONS. It is the duty of a magistrate to return to the Judge, not only the depositions of witnesses, but also any confession taken down as made by the prisoner; and it is no excuse for not doing so, that the confession was wanted to be sent before the Grand Jury. Rex v. Fallows,

508

DETINUE. 1. If A., without the authority of B., pledges his property with C., a joint action of detinue is maintainable by B. against both A. and C. Whether in such an action a verdict may be taken against one defendant onlyQuære. Garth v. Howard, 346

2. Statements made by the shopman of a pawnbroker who is left in the shop to answer in his master's absence, can only be received in evidence in an action against the master, when they relate to transactions which are strictly within the business of a pawnbroker; and are not receivable if they relate to an advance of noney not within the terms of the Pawnbrokers' Act.

Ibid.

DOG,

See Park, 1. 1. In an action against a party for keeping a dog accustomed to bite mankind, it is not essential that the dog should be his; if he harbours the dog, or allows it to be at and resort to his premises, that is sufficient. M'Kone v. Wood,

1 2. In an action for not sufficiently securing a fierce dog, kept by the defendant, and by which the plaintiff was bitten, the plaintiff may recover, notwithstanding he had, on a previous day, been warned against going near the dog, if the jury think that the accident was not occasioned by the plaintiff's own carelessness and want of caution. Curtis v. Mills,

489

DURESS. See Machine BREAKING.

EJECTMENT.
See CERTIFICATE FOR EXECUTION, 2.

-LANDLORD AND TENANT, 2.--
LIMITATION, 5.

« PrejšnjaNaprej »