and pointing out person to be arrested, evidence of participation in arrest, Ex. 144 False Pretences-Necessary to allege to whom goods belong, in indictment for obtaining under false pretences, Q.B. 220

False Representation-Representation by attorney, on application for loan of money, that money may safely be lent on borrower's promissory note, as the titledeeds of an estate he has lately bought are in the attorney's possession, within 9 Geo. 4. c. 14; and no action maintainable on it unless in writing, Q.B. 200

Right of action of a party sustaining injury by the bursting of a gun, sold under a false warranty to a third person, Ex. 287

Fieri Facias-Right of sheriff to break open outer door in execution of, Q.B. 169 Fine-First and third proclamations, omitted through error of the officer to be indorsed on the roll, ordered to be duly indorsed, C.P. 259 Fixtures-Trover for, not maintainable by tenant, where they are converted during the term, Ex. 65 Forfeiture-Receipt of rent after discharge under Insolvent Act a waiver of clause of forfeiture in lease, if lessee should "be or become insolvent:" nonpayment of debt demanded after discharge not a continuing insolvency within such clause, Č.P. 184

Lessor bound to prove non-insurance in ejectment for forfeiture, by reason of, Q.B. 250 Foreign Attachment-No notice of proceedings in Mayor's Court, an immaterial allegation in replication to plea of payment, under judgment of Mayor's Court in foreign attachment, where custom set out in plea; but no execution executed, a good answer. And if issue thereon, the record of the foreign attachment is not conclusive, C.P. 299 Fraud-of sheriff's officer in obtaining indemnity bond, sufficient to sustain general plea of fraud and covin in action by sheriff on the bond, Q.B. 220 Frauds, Statute of-Note in writing necessary to validity of promise to accept bill of exchange at three months for a given amount, being the aggregate of a previous debt, and the price of goods and chattels agreed to be bought and sold. Defendant entitled to judgment on declaration upon the whole contract alleging both parts of consideration, and plea of the invalidity of the contract to the whole cause of action, Q.B. 95

Notice to quit terminating on a wrong quarter day, not a surrender within, so as to sustain an ejectment, Ex. 57

Where common steel and cast steel of more than 101. value, purchased under one parol contract, acceptance of former, a part acceptance within section 17, though latter refused. Sufficiency of contract under statute questionable under general issue, Ex. 129

-Contract for sale of shares in railway not in writing, good, Ex. 153

Friendly Society-Where old rules altered, but new rules not enrolled, not within statute 33 Geo. 3. c. 54, Q.B. 217

Game-Gamekeeper acting under deputation given previous to 1 & 2 Will. 4. c. 32, not registered according to that act, not entitled to privileges of acts thereby repealed, or to a month's notice of action, and to give that act and the special matter in evidence under the general issue, C.P. 38 Game Act-Any person authorized to make a complaint under section 30, Q. B. 236 Gaming-Money lent to play an illegal game cannot be recovered back, Ex. 149

Goods sold and delivered-Assumpsit for, where goods kept an unreasonable time, on contract for sale or return, Q.B. 113 Guarantie-Money due under, not the subject-matter of a plea of set-off, C.P. 11

Right of executors to maintain action on guarantie given to them and their attorney, to indemnify against claim made after payment of legacy, without joining the attorney, C.P. 227

Habeas Corpus-tested in a wrong reign, amended, C.P. 17

Highway-Where declaration of occupier of land, over which way is alleged to run, when planting a tree, not admissible on indictment against owner, and question whether it was a public or private way, Q.B. 4

Court no power to give judgment on presentment, under 13 Geo 3. c. 78, in progress at the passing of 5 & 6 Will. 4. c. 50, Q.B. 237

Imprisonment. See Arrest.

Inconsistent Pleas-Effect of, as to plaintiff's right to judgment and nominal damages on the whole record, Ex. 229

Infant-Whether capable of contracting to serve, so as to be liable to jurisdiction of Justice of Peace, under 4 Geo. 4. c 34. s. 3, Q.B. 51

Rule upon pauper infant lessor in ejectment for security for costs discharged, the father being substituted for the nominal plaintiff, Ex. 142 Information-Where sustainable in England, for unshipping prohibited goods on the high seas and landing them in Ireland, Ex. 38

Innkeeper-cannot take a coat off the back of his guest, as a security for a bill which he refuses to pay, Ex. 60

Inquisition. See Certiorari.

Insolvent-Assignment to provisional assignee, under 1 Geo. 4. c. 119, a proceeding of the Court as soon as executed; and a copy, under seal of the Court, evidence by 7 Geo. 4. c. 57. s. 76, Q.B. 10

Assignment after imprisonment, without pressure or new consideration, of all insolvent's property to trustees for the benefit of all his creditors, fraudulent within 7 Geo. 4. c. 32, and void, Q. B. 57

Assignment from provisional assignee to assignee of creditor, in form pointed out by schedule of 7 Geo. 4. c. 57, for the provisional assignment, valid, Q.B. 89

Power of Court for Relief of Insolvent Debtors, under 7 Geo. 4. c. 57. s. 10, to discharge prisoner confined on process of outlawry for debt, Q.B. 265

Property vested in person signifying his acceptance of appointment of assignee by assignment of provisional assignee, though assignment or counterpart not executed by such person: estate of insolvent, including terms for years, vested in executor of assignee, Q.B. 269

Meaning of word in clause of forfeiture in lease, C.P. 184

Where surety not relieved by discharge of principal under Insolvent Debtors Act, C.P. 197

Assignees not entitled, under section 33 of 7 Geo. 4. c. 57, to the value of furniture against landlord, who has put it into a house and paid for it, upon an arrangement that the tenant should execute a bill of sale as a security for the price, and such bill of sale is executed voluntarily within three months of the tenant's imprisonment, with the view of petitioning for his discharge under the act, Ex. 95 Replication to plea of discharge under Insolvent

Debtors Act, that plaintiff had no notice of filing petition or time appointed for hearing, bad, on demurrer, if no statement that plaintiff was a creditor to the amount of 51., Ex. 156 Insolvent-Where declarations of person in insolvent circumstances admissible, to shew he knew of his insolvency, though not accompanied by act done, Ex. 306

See Power.

Inspection of Deed-Surety not entitled, in action against him, to demand inspection of deed, to which plaintiff is no party, whereby time is said to have been given to the principal debtor, Ex. 79 Insurance Owner of vessel entitled to recover full amount of damages resulting from collision, though after commencement of the action he has been paid by the underwriters, C. P. 110

Question as to what is a tendering, and what a deviation. Whether stay at a particular port unreasonable, and for other purposes than those mentioned in the policy, a question for the jury, Ex. 1

Where knowledge of the wife not the knowledge of the husband, as to disorders with which the wife had been afflicted at the time of the insurance of her life. Proper point for the jury upon the question as to who is the usual medical attendant," Ex. 163

Where underwriters discharged by credits in account with insurance broker, Ex. 292

Liability of underwriters for a total loss without notice of abandonment, where part of cargo damaged in the course of the voyage by leakage, so as not to be able to reach the port of destination, is landed and sold at a loss, and the ship is stranded, Ex. 327 See Consolidation of Actions.

Interest-to be taken by pawnbrokers, Q.B. 269

on old bill of exchange recoverable, though renewed bill for the principal sum given and paid before action brought, C.P. 49

Right of defendant below to interest on judgment, when affirmed by court of error, Ex. 287

Interpleader Act-Sheriff ordered to withdraw, and to be discharged from all proceedings by execution creditor, in respect of the seizure, where execution creditor did not appear, Q.B. 12

Power of court under s. 3. to allow stakeholder his costs out of the fund where the third party does not appear, C.P. 276

Costs of motion for costs of former interpleader rule, not granted without a previous application to the party, Ex. 11

Execution creditor appearing on interpleader rule need not produce an affidavit, Ex. 82 Irregularity-Eight days a reasonable time for application for irregularity in arrest on mesne process. Application for setting aside copy of capias, describing writ as issuing in one reign, and tested in another, and discharging defendant out of custody, too late after eight days, unless delay accounted for, C.P. 18

Semble, not waived by going to trial under protest, C.P. 108

in serving writ on wrong person waived by taking out summons for time to plead, C.P. 297

Whether application by defendant, whilst in prison, for declaration and particulars of demand, a step in the cause, so as to prevent defendant from taking advantage of a previous irregularity, Ex. 96

Application to set aside service of writ of summons to be made within eight days, Ex. 197 Issuable Plea-Bankruptcy of one of the defendants, is not an issuable plea:- what is, C.P. 66

That plaintiff petitioned, and was discharged by Insolvent Court, and that cause of action is vested in

provisional assignee, not an issuable plea in trespass for breaking and entering plaintiff's warehouse :` allowance of such plea on contested summons to plead several pleas no objection to signing judgment, C.P. 295

Joinder-Action against husband and wife for assault and false imprisonment, C.P. 30

of attorney, in action on guarantie of indemnity given to him and executors on payment of legacy, not necessary, C.P. 227 Judgment-given in bail court, not reviewed in banc after term in which it has been pronounced, Q.B. 1 No objection to plaintiff seeking to reverse judgment of nonsuit in inferior court, that he cannot be heard to contradict the record, C.P. 1 --not allowed to be entered nunc pro tunc, where non-entry at the proper time proceeds from laches of party where party considered to be guilty of such laches, C.P. 22

may be signed the morning after time for pleading expires, C.P. 181

Plaintiff who has paid his own attorney the costs of carrying in the roll, ordered to do so on the application of the defendant for the purpose of completing the judgment and entering up satisfaction,

C.P. 233

Where irregular if entered before costs taxed and amount notified to defendant, Ex. 5 Judgment as in case of a Nonsuit-Defendant not entitled to, where he has served plaintiff with order for further and better particulars, though no notice taken thereof, C.P. 65

Rule for, after peremptory undertaking, absolute in the first instance, C.P. 181

Motion for, in Hilary 1838, where issue joined in a country cause in Hilary vacation, 1837, and no notice of trial given. Qualification of dictum in Smith v. Miller, as reported in 3 Mee. & Wels. 50, Ex. 64

Judgment Recovered. See Variance.

Jurisdiction-of Court to order further and better particulars in general, and under 5 & 6 Will. 4. c. 83. s. 5. (the Patent Act), C.P. 33

of Lord Chief Baron of Exchequer to give permission to hold to bail on affidavit entitled in the Common Pleas, and sworn before commissioner of that court, C.P. 182

of Court to direct holder to deliver up bill of exchange to acceptor, on offer to pay amount and costs of all actions brought bond fide, C.P. 238

Court no authority to make stranger to record pay costs of action, though substantially a party to it, Ex. 256

Justice of the Peace-no jurisdiction over domestic servants, under 4 Geo. 4. c. 34. s. 3, Q. B. 51

Where Court will presume that requisites of licensing act have been complied with previous to application for licence, C.P. 78

See Bastard.

Landlord and Tenant-What an agreement for a lease only, Q.B. 17

Question, whether a plea is a plea of a surrender of the term, or an excuse for the non-payment of rent, Q.B. 147

Where actual demise, created by letter from tenant to landlord, and the answer of the latter. Doubt as to right to distrain may be cleared up by conduct of parties. Agreement for tenancy absolute, where party proposes himself as tenant, upon condition of an inquiry being satisfactory, and landlord

states that inquiry is satisfactory, and puts him into possession, C.P. 100

Landlord and Tenant - What evidence defendant allowed to give as to state of house when he entered, in covenant for not rendering up in tenantable repair, C.P. 204

Notice to quit, terminating on a wrong quarter day, cannot operate as a surrender, within the Statute of Frauds, so as to sustain an ejectment, Ex. 57

Extraordinary assessment made by commissioners of sewers, within terms of an agreement by tenant of marsh land, to pay all outgoings whatsoever, rates, taxes, scots, &c., whether parochial or parliamentary where plea of payment supported, in action by landlord to recover, as arrears of rent, sums allowed in mistake by his agent, Ex. 68 See Contract. Bankrupt. Waste. Lease What only an agreement for, Q.B. 17

Right of lessor to recover rent for the last quarter of the seventh year, on a demise for seven years wanting seven days, though not complete until the term has expired, Q.B. 195

Lessor suing in ejectment for a forfeiture for not insuring, bound to prove the fact; refusal to shew policy, and non-production thereof at the trial, after notice, not prima facie evidence of forfeiture, Q.B. 250

Restriction of implied general covenant, that lessor has power to demise, by express covenant for quiet enjoyment, C.P. 263

Where lease of premises at a rack-rent passes under assignment for the benefit of creditors, Ex. 108 Question as to the proper custody of, after the term, Ex. 138

See Trover.

Legacy Duty-Annuity charged upon land by the exercise of a power given by a will, liable to legacy duty, as a legacy charged by the will which created that power, Ex. 188

Legatee-Competency of residuary legatee in action for funeral expenses, Q.B. 236

269

Husband of, where a competent witness, Q.B.

Letters Testamentary-Copy of archbishop's certificate without will annexed, not oyer of, Č.P. 127 Libel-What is a libellous publication against the secretary of a railway company, C.P. 196

Question, whether declaration for, contains one or several counts. "We again assert the cases formerly put by us on record: we assert them against A. S. and A. H. (the plaintiff): we again assert, that they are such as no gentleman nor honest man would resort to," after verdict, to be taken in an accusatory sense, and are libellous, Ex. 268 Liberty. See Execution.

Licence-Construction of agreement between vendor and purchaser of hotel, where licence had not been taken out at previous licensing day, that vendor should, before a certain time, take, or cause to be taken, out the licence, and transfer it to the defendant, where Justices refused the licence in consequence of the non-attendance of the vendee. Question, as to what is a case of transfer under section 11, or of original licence within section 14, and on whom it was incumbent to give notices of application required by latter section. Where the Court will assume that the requisites of the statute have been complied with previous to the application to the Justices, C.P. 78 Lien-Admissibility of, under plea of not guilty in trover, C.P. 27

-

Party directed to sell goods by agent of consignor, and taking possession under bill of lading, not entitled to a lien so as to maintain trespass against

defendant, who has issued customary process of attachment against the consignor, although the consignor, previously to consigning to agent, had expressed his intention to consign to such party, had drawn upon him for advances, and had sent him particulars to enable him to insure, Ex. 17 Lien-Claim of, for work done, not met by set-off at time of conversion to a large amount, Ex. 137

upon a mare, by owner of stallion, for fees of covering, attaches where contract executed; claim to detain in respect of two sums, for one of which lien does not attach, not a waiver as to other, nor a dispensation with tender of the latter, Ex. 324 Limitations, Statute of—" Mr. J. R, I give the above accounts to you; so you must collect them and pay yourself, and you and me will be clear. J. R"not a sufficient promise within 9 Geo. 4. c. 14. s. 1, Q.B. 156

Where Court will not impose terms of not pleading, on setting aside distringas, granted on defective affidavit of service of writ of summons, C.P. 169

Action maintainable on promissory notes due in 1826, where arrangement made in 1837, that plaintiff should take bill accepted by defendant's agent, and pay so much annually out of defendant's salary, until by the annual payments and other remittances the remaining balance of 2,0001. due on the promissory notes, should be discharged, and the payment of the annual salary was withheld in 1830. Held, per Lord Abinger, that plaintiff might recover on the account stated. Whether part payment by bill operates to take case out of statute from the time it is sent, or received, or paid? Whether part payment by agent, by bill, an implied acknowledgment, so as to take debt out of statute? Ex. 25

Question whether a letter is a sufficient written acknowledgment, for the Judge. "Since the receipt of your letter, I have been in daily expectation of giving a satisfactory reply to your first application respecting the demands of Messrs. M. upon me. I propose being in Oxford to-morrow, when I will call upon you on these matters," not an acknowledgment within the statute, Ex. 172

"Upon demand I promise to pay to J. J. the sum of 157., with lawful interest for the same, for value received this 5th day of January 1832," cannot be used as an agreement for the purpose of barring the Statute of Limitations, and exempted from stamp duty by 9 Geo. 4. c. 14. s. 8. Parol statement by the parties, within six years of the commencement of the action, of a debt previously existing and ascertained, not sufficient to support a count upon an account stated, so as to defeat the Statute of Limitations, Ex. 216

Time between death of a party against whom plaintiff had a cause of action, and taking out letters of administration, not to be deducted from six years, and debt barred by plea of the statute, if action not commenced till six years after it accrued, Ex. 273

See Adverse Possession. Voluntary Conveyance. Liquidated Damages-Where sum to be taken as, Ex. 145

Local Action. See Use and Occupation.

Lord's Day-Contract with farmer for covering a mare by a stallion belonging to him, not within 29 Car. 2. c. 7. s. 1, Ex. 324

See Pleading.

Malicious and Vexatious Arrest-Defendant not entitled to costs, under 43 Geo. 3, where sum reduced by plea of Statute of Limitations, after several parol promises to pay, within six years, C.P. 124

Mandamus-to hear appeal, where refused on the ground that it has been decided by the Sessions, Q.B. 17

Return stating that at the day of the teste of the writ, the party had not a book, which, on shewing cause against the rule for, he admitted he had, but claimed to keep, not ordered to be taken off the file, Q.B. 76

Construction of local act, on the question, whether wardens, overseers, and inhabitants were bound to make a rate to pay chaplain's stipends; and whether the rate was the primary fund from whence they were to be paid. Also whether the writ was to be directed to all the inhabitants; and as to payment of prosecutor's costs, Q.B. 130

Not necessary to give notice of motion to quash, Q.B. 176

to board of guardians to admit a party as their clerk, where scrutiny as to legal appointment of guardians themselves proposed, Q.B. 244

to compel Slave Compensation Commissioners to adjudicate upon claim to the money to be paid as compensation for slaves, refused, Q.B. 256

See Corporation.

Manor-What evidence of boundary of, Q.B. 148 Master-Reference to, to compute sums due on deed of covenant, C.P. 168

Master and Servant-Work and labour not maintainable for whole quarter's wages immediately on dismissal where servant, whose wages are due quarterly, is dismissed in the middle of the quarter. Semblesuch action not maintainable at the end of the quarter, Q.B. 3

Plea to declaration by French teacher for wrongfully dismissing him, that at the time of retainer plaintiff promised not to absent himself without just cause, and that he misconducted himself, by not returning to the school at the time appointed, whereby defendant was prevented from employing him in divers businesses, and was obliged to endeavour to procure another teacher, bad after verdict, and plaintiff entitled to judgment, Q.B. 7

Domestic servants not within jurisdiction of Justice of the Peace under 4 Geo. 4. c. 34. s. 3: whether infant capable of contracting to serve, so as to be liable to such jurisdiction, Q.B. 51

Merchant liable for negligence of master porter, in lowering goods which have injured the plaintiff, Q.B. 132

Proof of any one of many acts, alleged as a justification for dismissing plaintiff, a sufficient answer to action for such dismissal, if enough to warrant it. A letter, ascribing dismissal to one cause, not a falsification of plea justifying it for another, or waiver or abandonment of the real cause, C.P. 249

Party complaining to Magistrate against builder for absenting himself from work, not liable in trespass for arrest under warrant issued thereon, Ex. 144

Misjoinder-of counts against executor, Ex. 105

Venire de novo not awarded, where misjoinder of counts, Ex. 284

See Partner.

Money had and received-Action for, maintainable, where agreement to buy two horses for 801., with liberty to return them within a month, and receive back 701., and horses returned within the month, Q.B. 188

not maintainable to recover a balance of money received under written instructions of husband and wife, where it appears that it was trust money, Ex. 151

--not maintainable by plaintiff against attorney for money received from defendant, where money received for a third person, who is the real plaintiff, Ex. 195

not maintainable against Receiver General of Excise, by parties who have paid money on a bond fide agreement to have goods restored by the Excise, although they have been illegally seized, Ex. 234

See Pleading.

Money Lent-not recoverable, if lent to play an illegal game, Ex. 149

Money Paid-not maintainable by bankers against party paying in a cheque, which they have lost, to account of a customer who has required them to pay the amount, though such party has promised to give another cheque, and desired his bankers not to pay lost cheque, Ex. 158

Mortgage Stamp on, as for an uncertain and unlimited amount, where not required, Q.B. 263 Municipal Corporation Act-Quay-master appointed by mayor, bailiffs, and burgesses of Poole, under 29 Geo. 2. c. 10, an officer within section 66 of Municipal Corporation Act; quære, whether an officer of the borough? A quay-master dismissed by town council, not entitled to compensation, not being removed under the provisions of the latter, but of the former Lords of the Treasury no authority to award compensation if party not an officer of the borough, and removed under provisions of latter act, Q.B. 126

act.

Assistant chamberlain appointed by chamberlain under authority of corporation, and paid a salary by them, not entitled to compensation on removal, Q.B. 129

Right of a lecturer of a church, of which the corporation were patrons, and had paid him his stipend, to have it secured by bond under section 68, Q.B. 134

Question, as to what is a sufficient removal from the office of town clerk, and where the Court will infer that a party acted as clerk of the peace under a valid appointment, Q.B. 141

Whether election of part of aldermen assigned to a borough at first election in 1835, valid? Defect cured by 1 Vict. c. 71. s. 2. Prosecutor not entitled to costs, where proceedings carried on and judgment obtained by defendant, through section 2 of Ï Vict. Proper course for either party to have applied within a reasonable time to discontinue present proceedings, Q.B. 154

Duty of returning officer at election of councillors merely to ascertain majority of votes, not to determine the qualification of the candidates. Sufficient on quo warranto and issue as to due election of the defendant as a councillor, for relator to prove that defendant had a minority of votes, without shewing that the other candidates were duly qualified. Voting papers not such public documents as to be authenticated by mere production from town clerk's office, but they must be traced from the presiding officer. Whether burgess roll conclusive as

to right of burgesses to vote for councillors on information against councillor? Q.B. 237 Municipal Corporation Act. See Corporation. Mutual Credit. See Bankrupt.

New Assignment. See Pleading.

New Trial-Cause against motion for, not allowed to be shewn in the first instance, Q. B. 158

Defendant who appears at the trial, though under protest, not allowed to set it aside, by reason of the omission of the date of the writ in the record, Ex. 57; but see contrà, C.P. 108

Nisi Prius-Error of Judge in deciding who to begin, corrected by Court, Ex. 163 Non Pros. See Pleading.

Nonsuit-Cause against motion for, not allowed to be shewn in the first instance, Q.B. 158

Notice of Action-Railway company entitled to, under clause requiring that in proceedings against any person, notice shall be given to the intended defendant, C.P. 241

See Game.

Notice of Trial-Full notice of trial requisite, where, after Judge's order for time to plead, "taking short notice of trial, whether tried before the sheriff or not," the plaintiff neglects to try on the next practicable day on which the sheriff sits, Ex. 136

Countermand two days before adjournment day, for which notice of trial has been given, too late, Ex. 240

Nuisance-In action for carrying on trade amounting to, plea, that defendant carried on the trade three years before plaintiff came to adjacent premises, bad, C.P. 122

Office-of barmaster and lord of the king's field and wapentake of Wirksworth, incompatible, Q.B. 63

Party elected into any public corporate office entitled to be admitted before he can be called upon to make the declaration required by 9 Geo. 4. c. 17. s. 2, Q.B. 202

See Quo Warranto.

Order of Magistrates-What a sufficient allegation in order for support of father, that party against whom it is made was dwelling in the parish, Q.B. 174 Ouster What occupation is an actual ouster, Ex. 98 Outlawry-Capias and subsequent proceeding to, not set aside by reason of defect in affidavit of debt as to one cause of action alleged, unless it appear that the writ was indorsed for sum including that account, Q.B. 53

Discharge of prisoner confined on process of outlawry by Insolvent Debtors Court, Q.B. 265 Overseer-Appeal against accounts of assistant over

seer. When time of such appeal commences, and when publication of accounts takes place, Q.B. 190 Overseers-Where appointment of, separately for township, bad, Q.B. 211

Oyer-Copy of Archbishop's certificate of probate granted, without will annexed, not oyer of letters testamentary. Defendant same time for pleading after hearing of summons to compel oyer, as after oyer granted, C.P. 127

Parent and Child. See Order of Maintenance. Parliament-Evidence of conduct of defendant to another voter at the same time and place, admissible in action for bribery. Party sitting in outer room and giving a ticket to voter, who takes it to another person, guilty of corrupting by himself. Examined copy of precept returned to the Crown Office, good evidence, C.P. 191

Power of Speaker under 9 Geo. 4. c. 22. ss. 5, 60, and 65, where petitioner does not appear to support

petition, to certify recognizances into Court of Exchequer upon default in payment of costs. Semble, no remedy by action intended to be given, but remedy on recognizance still to continue, Ex. 307 Particulars-Power of Court to order further and better, independent of any statute: whether defendant, under order for better particulars, obliged to furnish names, address, &c., of persons alleged in his particulars, delivered under 5 & 6 Will. 4. c. 83, to have used supposed invention, and the dates of the user, C.P. 33

Defendant not allowed to plead de novo, where plaintiff has given a full and explicit bill of particulars, but has been obliged to amend his declaration in consequence of defendant's mode of pleading, C.P. 134

As to allowance of amendment of, after considerable lapse of time, C.P. 269

Right of defendant in action to recover deposit, to particulars of objection to abstract of title, Ex. 182

Order for, must be got rid of before demand of declaration. Whether such order can be abandoned after service by mere notice, Ex. 224

Where defendant compelled to give, on plea of payment, C.P. 296

Partner-Dormant partner not liable for breach of agreement connected with the trade, entered into and signed by ostensible partners in their own names alone. Plea, by such dormant partner, that agreement was entered into with ostensible partners alone, good, C.P. 93.

Plaintiffs rightly joined as partners, where defendant contracted with the firm, and the agreement between plaintiffs was, that one was to receive 3007. per annum out of the profits, upon which he was to have a lien to that amount, but was not to be liable for any losses, Ex. 78

Party Wall. See Trespass.

Patent-Jurisdiction of a Judge and the Court to order defendant to deliver further and better particulars of the objections on which he intends to rely, under 5 & 6 Will. 4. c. 83. s. 5: and whether, upon such order, he is obliged to deliver names, addresses, &c., of persons alleged by him to have used the invention and the dates of the user, C.P. 33

Where particular of objections delivered with plea, under 5 & 6 Will. 4.c. 83, insufficient as being too general and indefinite, C.P. 279 Pawnbroker-What interest entitled to take, where interest due at the end of a month amounts to the fraction of a farthing, Q.B. 269

Payment Plea of, not necessary, where credit given in particulars of demand, except where balance sought to be recovered without giving credit for any particular sums. Payment not to be given in evidence in reduction of damages, Q.B. 274

Where defendant compelled to give particulars on a plea of payment, C.P. 296

What an insufficient plea of, Ex. 49

Plea of, supported in action on agreement by tenant to pay outgoings, rates, taxes, scots, &c., to recover as arrears of rent, sums which the tenant had paid as the landlord's proportion of sewers rate, which had been allowed in the half-yearly settlement of accounts by landlord's agent, who was ignorant of the agreement, Ex. 68

As to plaintiff's right to recover balance, after deducting payments, without a new assignment, Ex. 218

in satisfaction of damages sustained by obligee of bond. See Bond.

See Pleading. Set-off.

Payment of Money into Court-Proceedings by plaintiff after delivery of plea of, Q.B. 274