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LONDON:
LAW TIMES OFFICE, 10, WELLINGTON-STREET, STRAND, W.C.

1871.

LIBRARY OF THE
LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

a. 15324

LONDON :

PRINTED BY HORACE COX, WELLINGTON-STREET, STRAND, W.C.

JUL 5 10

INDEX TO NAMES OF CASES.

page 673

page 200

.............

...........

...........

tion ...

A.

Belfast Election Petition-
Abel, app., v. Lee, resp. —

Subscription to Orange halls—Bribery--Paying
Occupation franchise in boroughs—Nonpayment

expenses of candidate-Application of money
of rates in arrear-Effect of excusal by justices

subscribed - Corrupt intention-Double candi-
during qualifying year

dature
Allan v. Miller and others

Berry, app., v. Henderson, resp.
Building society— Trustees of-Promissory note

Sale of poisons—"Medicine "- Person to whom
signed by— Value received for the society,

sold or delivered - Pharmacy Act 1868
Effect of those words—Personal liability-

(31 & 32 Vict. c. 121), s. 17

347
Construction of pote

472 Beta (The Owners of), apps., v. Rollando, resp.-
Allen, app., v. Thompson, resp.-

Admiralty Court— Jurisdiction-Damage for
Game-Using snares on Sunday-1 & 2 Will 4,

personal injury in a collision-Admiralty
c. 32, s. 3

37
Court Act 1861, s. 7

77
Allen, app., v. Town Clerk of Warrington, resp.-

Beverley Commissioners; Ex parte Flint and Fitz-
Registration - Notice of objection-Sufficiency of

gerald
description—6 & 7 Vict. c. 18, s. 17. 333 Bribery commissioners-Jurisdiction of-Ad-
Allen, app., v. Worthy, resp. —

journment-Power to hold independent meet-

ings-Committal for contempt—Consent of
Vaccination-Proceedings for non-vaccination

Secretary of State to adjournment-15 & 16
after a conviction for a similar offence-

Vict. c. 57, ss. 1, 4, 6

190
30 & 31 Vict. c. 84, ss. 15, 16, 29, 31, and 34 261

Beverley Election Petition
Attorney-General v. Corporation of Halifax-

Municipal and Parliamentary elections—Bribery
Pollution of streain-Nuisance—Time given to

for the "doable event"- Pasture masters-
abate same

92

Corrupt election of-Evidence-Point reserved 41
Attorney-General v. Gee-

Bewdley (Borough of), (No. 2)—
Public nuisance—Pollution of stream-Injunc-

Register-Jurisdiction of revising barrister-
554

Notice of objection-Express decision—6 & 7.
Attorney-General v. Mayor, &c., of Leeds-

Vict. c. 18, s. 98

350
Noisance-Local Act— Power ander, limited by

Blackburn Election Petition-
public Act-Convenience of majority-In-

Undue influence-Masters and men-Fellow
junction........

356

workmen-Agency-17 & 18 Vict. c. 102,
Attorney-General for New South Wales, app., v.

8. 5—Municipal and Parliamentary elections. 46
Michael Murphy, resp. —

Bocking, app., v. Jones, resp.-
New South Wales—Conviction for felony

Hackney carriages-Fares—Publication of fares
Venire de novo-New trial-Access of jury

-Order of Secretary of State - Metropolitan
to newspapers–Jurisdiction of Supreme Court

Public Carriage Act 1869 (32 & 33 Vict.
of New South Wales-Irregularity pot avoiding

c. 115), ss. 6 and 9.

654
verdict-Remedy

236

Bond, app., v. Overseers of St. George's, Hanover-
Attorney-General v. Wax Chandlers' Company-

square, resp.---
Charitable devise-Gift for purpose not exhaust-

Parliament—Registration-Lodger franchise-
ing whole income-Surplus

503

Representation of the People Act 1867 (30 &
Attorney-General v. West Hartlepool Improvement

31 Vict. c. 102), s. 4, sub-sect. 3............... 589
Commissioners-

Bodmin (Borough of)-
West Hartlepool Improvement Act 1854-Ap-

Bribery-Agency-Mixed question of law and
plication of rates to promoting Bill through

fact-17 & 18 Vict. c. 102, ss. 2, 3, 4, 23,
Parliament-Injunction to restrain-Costs ... 408

and 36-Treating by agent-Hospitality-
Aastin v. Dowling-

Alleged promise

78
County Court-Jarisdiction-False imprison- Brett and others v. Robinson-
ment-Malicious prosecution - Severance of

Bribery and treating—Personation—Test ballot
evidence.......

449
-Time for giving particulars

396
Ayres v. Elborough-

Brewer, app., v. Town Clerk of Bradford, resp.-
Malicious prosecution—Want of a reasonable and

Borough vote- Tenant of a dwelling-house who
probable cause--24 & 25 Vict. c. 96, s. 84... 318

allowed a lodger the use of his sitting room-

Joint occupation- Representation of the People
B.

Act 1867 (30 & 31 Vict. c. 102) s. 3—Costs
Bareham v. Hall-

upon the affirmance of an appeal from a revis-
Practice-Nuisance-25 & 26 Vict. c. 42-

ing barrister

...... 187
Jurisdiction

323 Brighton Turnpike Trustees v. Surveyors of the High-
Barlow v. Bailey-

ways of the Parish of Preston-
Practice-Nuisance-Application for leave to

Turnpike road-Order of contribution for repairs
inspect works to ascertain the cause of, refused 399 for parishes --Principle of computation........ 307

INDEX TO NAMES OF CASES.

page 666

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Bristol Election Petition-

Colam, app., v. Hall, resp. —
Bribery and treating—Test ballot-Subsequent

Animals --Cruelty to-Working animals sent to
election-Point of law reserved—Special case

be slaughtered—-12 & 13 Vict. c. 92
-Costs...........

page 443 Cole, Ex parle
Britt and others o. Robinson (The Bristol Election
Petition)

Imprisonment—Costs of an appeal at quarter
sessions—-32 & 33 Vict. c. 62, s. 4...

............. 278
Parliamentary election-Preliminary test ballot,
Bribery-Treating-Sects. 2 and 4 of the Cor-

Copley, app., v. Burton, resp.-
rupt Practices Prevention Act 1854 (17 & 18

Alehouse-Sale of fermented or distilled liquors
Vict. c. 102)................

557

within the prohibited hours on Sunday-
Brumfitt, app., v. Overseers of Liverpool, resp.-

“ Traveller "--Refreshment room at railway

station-11 & 12 Vict. C. 49-Costs of
Notice of appeal-Qualification of a county

appeal

517
voter--Pew in church

238
Bruton Turnpike Trustees, apps., v. Wincanton High-

Cosmi Truppo's Estate, re; Clark v. Johnson-
way Board, resps.-

Practice-Land taken by Ecclesiastical Com-

missioners—Costs of transfer of purchase-
Turnpike trust-Payment of interest on debt-

430
Olà arrears of interest in past years—Repair

money-58 Geo. 3, c. 45, s 58
of road—Priority of payment

419

Cranwell v. The Mayor and Corporation of London

and others
Bryer v. Willis-
Metropolitan Building Act 1855 (18 & 19 Vict.

Compensation for lands taken compulsorily-
c. 122)-Damage consequent upon the exe-

Tenant from year to year--London City Im-
cution of authorised works

provement Act—Holborn Valley Improvement
586

Act- Lands Clauses Consolidation Act 461
Bubb v. Yelverton-

Cross, app., v. Alsop, resp. —
Bond--Consideration-Racing debts........ 354

Parliament--Registration--Borough franchise-
Buccleuch (Duke of) v. Metropolitan Board of Works,

Separate rating--Small tenement-Payment
The Lands Clauses Consolidation Act 18454

of rates by owner — Representation of the
Damage by execution of works-Injuriously

People Act 1867 (30 & 31 Vict. c. 102), ss.
affecting premises—Loss of privacy- Thames

7, 61--The Poor Rate Assessment and Col-
Embankment Act 1862 (25 & 26 Vict. c. 93)

lection Act 1869 (32 & 33 Vict. c. 41), ss. 3,
--Compulsory taking of land

529
4, and 19 ........

613
C.

Cuthbertson, app., v. Butterworth, resp.-
Parliament — Borough

vote --

Chambers
Callaghan, app., v. Dolwin, resp.-

" House “other building "--2 Will. 4,
Friendly society-Reference to justice-Right of

c. 45, s. 27

118
appeal-20 & 21 Vict. c. 43, s. 2—21 & 22
Vict. c. 101, s. 5

301

D.
Campbell v. Mayor, &c., of Liverpool
Dedication of burial ground-Reverter offee

Darling v. Cooper ; Beauchamp v. The Same-
simple-Lands Clauses Act—Notice to treat

False imprisonment and malicious prosecution
Admission of title ..

304

- Reasonable cause-Evidence of malice...... 163
Cannon and others v. Rands-

Deeks v. Bailey-

235

Practice-Nominal defendant
Alleged felony-Deficiency in a treasurer's ac-

counts--Bond given to stay criminal proceed- Derby (Earl of) v. Bury Improvement Commis-
ings-Action upon—Validity of bond-Stifling sioners—
a prosecution—Illegal agreement-Equitable

Nuisance-Construction of sewers--Nuisances
defence to action

658

Removal Act 1855 (18 & 19 Vict. c. 121),
Carlisle (Mayor, &c., of) v. Graham and another-

ss. 21 and 22-Bury Local Improvement Act
The plaintiffs formerly had, by grant from the

1846 (9 & 10 Vict. c. ccxciii.)--General
Crown, a several fishery in a portion of a tidal

Highway Act (5 & 6 Will. 4, c. 50), s. 67—
river. The waters of that portion of the river

11 & 12 Vict. c. 63, s. 139-Local and
gradually deserted their original course, and

General Acts-Operation of-Power of Local
flowed in a new channel over the land of a

Act as to new sewers-Notice-Compensation 86
private proprietor

...... 157 | Dobree, app., v. Norcliffe, resp.--
Carrickfergus Election Petition-

Pawnbroker-Sale of pledges-Overplus upon
Treating-Sects. 4 and 23 of 17 & 18 Vict. c.

some and a loss upon others—No right of set-
102—Cooper v. Slade--Decisions of com-

off—39 & 40 Geo. 3, c. 99, s. 20 ...... 625
mittees of the House of Coinmoos-Procedure

Dorchester (Mayor of, &c.), v. Ensor and Mansfield-
-Costs......

173

Ancient market-Action for disturbance of-
Carter, app., v. Parkhouse, resp.-

What amounts to a disturbance-New market
Market--Tolls-Selling marketable goods without

held on different days from old market-Evi-
paying the toll ---Subsequent payment-Con-

dence of disturbance for jury-Limits of
donation of offence

496
borough-Municipal Corporation Act (5 & 6

112
Chapman v. Jones-

Will. 4, c. 76), ss. 7, 8.
Private chapel, forming part of parish church-

Drogheda Election Petition-
Freehold of inheritance-Acts of ownership-

Intimidation-Inflammatory addresses — Per-
Repairs

38

sonal responsibility of candidate-Spiritual
Cocker, app., v. Cardwell, resp.-

influence-Violence-Mob riot - Organised
Nuisance Removal Acts—18 & 19 Vict. c. 121,

system-Majority of good votes-Subsequent
intimidation

... 177
ss. 10, 11, 12–23 & 24 Vict. c. 77, s. 13-
29 & 30 Vict. c. 90, ss. 14, 21--Complaint

Dungey v. Mayor, &c., of London-
by an inbabitant-Notice

184 Land injuriously affected—Remedy for compen-

.......

INDEX TO NAMES OF CASES.

page 61

page 58

.......... 319

.......... 647

...........

lic user

sation by London Improvement Acts

Frees tone, app. v. Caswell, resp.--
L. C. C. A. 1845, s. 68

Highway-Pasturage on sides of highway-
Durant, app., v. Kennett, resp.

Cattle straying Common or uninclosed
Parliament-Borough vote-Corporation, occu-

ground-Highway Act 1864 (27 & 28 Vict.
pation by member of-Occupation as owner or

c. 101), s. 25.....
tenant—2 Will. 4, c. 45, s. 27
................ 241

G.
E.

Galway (Town) Election Petition-
Elgar and others, apps., v. Special Commissioners

General intimidation-Undue influence of minis-
for English Fisheries, resps.-

ters of sects — Legitimate and illegitimate
Evidence of a several fishery in a public naviga-

clerical influence
ble river-Non-mention of the right in a Garatty v. Potts-
probably true inventory of the possessions of
the manor-Evidence of user in common with

Special case—20 & 21 Vict. c. 43—Application
other persons......

for a certificate for a beerhouse licence ...579, 628
Edney and Lunn v. Smallbones-

George's Case
Particulars-Omission-Evidence

445
Church-rates—31 & 32 Vict. c. 109, s. 3-
Loan by Public Works Commissioners for

Evidence--Proof of agency-When to be given... 446
repair of church-Rate to repay—5 Geo. 4,

Gibson v. Mayor, &c. of Preston-
c. 36–Objections to validity of rate-Omis-

Public Health Act 1848-Local board-Sur-
sion of re-elected churchwarden to make

veyors of highways—Repairs of highways,
declaration required by 5 & 6 Will. 4, c. 62,

Noo-liability for accidents.....

343
s. 9—Non-assessment of tithe rentchargo 215 Greenock Election Petition-
Edwards v. London and North-Western Railway Com-

Polling places — Irregularity — Miscarriage -
pany -

Communication of polling booth with public
False imprisonment—Company-Implied autho-

house-Duties of town clerk

321
rity to one servant to give another into custody

Greenway, app. v. Hocking, resp.-
on a charge of felony

560
Edwards v. Moss-

Qualification of a county voter-Pew in church 341

Greenwich (Board of Works for) v. Maudslay and
Offences in different dioceses, coupled in articles

others-
-Case sent to Court of Arches in first in-
stance-Evidence-Church Discipline Act

Right of way-Sea-wall and embankment–Pub-
(3 & 4 Vict. c. 86), ss. 3, 13, 29....

57
lic user-Presumption of dedication from pub-

491
Elphinstone, app., v. Parchas, resp.-
Ecclesiastical law-Practice-Promoter of office

H.
of judge—Death-Substitution of promoter... 551

Hall, app., v. Potter, resp.-
Eseter (Corporation of) v. Earl of Devon-

Public Health Act 1848_Notice to do works ... 182
Navigable river-Pier-Obstruction--Nuisance
-Conservators—Right to abate nuisance-

Hastings Borough Election-
Right to sue- General Pier and Harbour Act

Barristers' court money-Agency of registration
1861 (24 & 25 Vict. c. 45), s. 14 ...... 571

association-When payment corrupt-Ques-

tion of fact-Lavish expenditure by candidate
Eseter (Union of), apps., v. Union of St. Thomas,

to acquire influence, Municipal and Parlia-

mentary elections—Evidence to connect-
Settlement by payment of public taxes of a

Treating-Agency-Employment of voters 135
parish-Local improvement and lighting rates 390

Hawkins v. Allen-
F.

Mortmain Act (9 Geo. 2, c. 36)-Charitable gift

-Erection and establishment of hospital-
Farrer, app., v. Close, resp.-

Acquisition of land

596
Friendly society-Embezzlement of funds—Rules

Hereford Election Petition-
in restraint of trade-Trades union-18 & 19
Vict. c. 63

34 Treating—“Corruptly" — Agency-Evidence-

Muuicipal election-Bribery-Practice-Costs 102
Fitzgerald, Ex parte; Re Beverley Commissioners-
Commissioners appointed to inquire into the

Higgins, app., v. Guardians of the Poor of the North-
existence of corrupt practices at elections

wich Union, resps.-
Jurisdiction - Power of adjournment-Ad-

Nuisance - Smoke-Order to abate - Disobe-
journment made when less than whole number

dience-Evidence-Limitation of proceedings
of commissioners present—15 & 16 Vict.

--18 & 19 Vict. c. 121, ss. 13, 14; 29 & 30
c. 57, ss. 1, 4

164

Vict. c. 90, s. 19; 11 & 12 Vict. c. 43, s. 11 452
Ford, app., v. Harington, resp.-

Hill, app., v. Browning, resp.-
Borough vote-Corporation-Dean and Chapter

Bread—Sale of, otherwise than by weight-
- Canon—2 Will. 4, c. 45, s. 27...............

6 & 7 Will. 4, c. 37, s. 4

..........415, 438
Foster, app., v. Tucker, resp. —

Hill and another . Peel and another (The Tamworth
Toll—Turnpike-road- Artificial manure carried

Election Petition). Broad and others v. Fowler
in dealer's cart-Superphosphate of lime-

and another (The Penryn and Falmouth Election
5 & 6 Will. 4, c. 18, s. 1.........

Petition). Pegler v. Gurney and another (The
Fowler v. Bishop of Gloncester-

Southampton Election Petition)

Costs — Election petition — The Parliamentary
Act for building churches in populous parishes

Elections Act 1868 (31 & 32 Vict. c. 125),
5 Geo. 4, c. 103, sects. 5, 6, 7, 8, and 12–

S. 41 ..........

313
Death of subscribers of 501. each-Nomina-
tion of trustees- Presentation to the incom-

Hirst, app., v. Molesbury, resp. —
bency........
6 Vagrant Act--31 & 32 Vict. c. 52—Betting

6

Deron, resps.

..... 247

.............. 330

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