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LAW TIMES OFFICE, 10, WELLINGTON-STREET, STRAND, W.O.

1870.

LIBRARY OF THE
LELIND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

2.530323

JUL 5*19.01

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

INDEX TO NAMES OF CASES.

A.

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• 456

....... 382

Abrahams v. Mayor, &c., of London

page Injunction—Holborn Valley Improvement Act

1864—Claim for compensation-Tenant and

under-tenants—Right to separate assessment 173 Ainsworth, app., v. Creeke, resp.

Parliament - Borough vote — Poor-rate when

"made"-Claim to be rated-Claim by land-
lord ratified by tenant after the expiration of
the qualifying year — Representation of the
People Act 1867 (30 & 31 Vict. c. 102), s. 3

-2 Will. 4, c. 45 s. 30 Aldridge, app., v. Medwin, resp.

Parliament — Notice of objection — Description

of list on which the name of the person ob-
jected to appears--6 Vict. c. 18, schedule B.,
No. 10

331 American decisions

Indictment-Malicious prosecution - Master and

servant-Murder -- Negligence -- Nuisance--
Verdict--Way-Will-Witness

226, 227 Anderson and others v. Cawley and another

Particulars—Time for giving-Old practice...... 284 Ashby, app., v. Harris, resp.

Burial board-Grant of exclusive right of burial

-Right to plant flowers on grave-Construc-
tion of grant-Right of board to make regu-

lations-15 & 16 Vict. c. 85, ss. 33 and 38 145 Ashworth, app., v. Heyworth, resp.

Markets and Fairs Clauses Act, 1847 (10 Vict.

c. 14), s. 13—“Dwelling-place or shop
Sales elsewhere than in market

575 Athlone Petition

Recognisance -Objection to-Acknowledgment 297
Attorney-General v. Cambridge Consumers' Gas
Company,
Right to break up public ways Nuisance-

Injunction Practice Amendment
bearing.......

211, 323 Attorney-General v. Colney Hatch Lunatic Asylum

Practice-Nuisance-15 & 16 Vict. c. 80, 8. 42
-Employment of an expert..........

196

B. Baxter v. Langley

Public entertainments, Religious worship-21

Geo. 3, c. 49–18 & 19 Vict. c. 81............ 263 Beal and others v. Smith

Form of petition—Particulars of the agents al

leged to have bribed and the persons alleged
to have been bribed-Election Petitions and
Corrupt Practices at Elections Act 1868–
Regula generales

312 Bennett, app., v. Brumfitt, resp. (Alderson's Case)

Form of objection to persons placed by the over

seers in the list of 121. county occupiers-
Registration Act 1843, &c.

261 Bennett, app., v. Brumfitt, resp. (Ashcroft's Case)

Parliament- Consolidated appeal from revising

barrister-Appeal improperly consolidated ... 273 Bewdley Election Petition

Unpaid agents—Introduction by of candidate to

voters--Sub-agents—Candidate's responsibi-
lity for

of — Treating-Evidence-
Watchers—Employment of

359 Birch v. Vestry of the Parish of St. Marylebone

Mandamus-Notice to treat, how far binding

Delivery of particulars of estate and interest-
57 Geo. 3, C 29

629 Bird o. Elwes

Landlord and tenant-Covenant to repair-Ex

pense of cleansing of ornamental piece of water

acts

at

INDEX TO NAMES OF CASES.

page 79

-Agreement by landlord to pay all rates, Carr, app., v. Stringer, resp. —
taxes, tithes, and other charges payable in

5 & 6 Will. 4, c. 63, s. 28–Weights and respect of the premises— Removal of nuisance

measures-Unjust scale- Removable adjust-Expense of—“Default of occupier

ing instrument
Nuisances Removal Act 1855 (18 & 19 Vict.
c. 121), ss. 12, 14, and 19

. page 167 Cheltenham Election Petition

Intimidation—Employment of pugilists—Corrupt Birmingham Canal Navigation, apps., v. Overseers of

payment of rates— Proof of petitioner's case Birmingham, resp.

-Nonsuit.....

422 Poor-rate-Canal-Reservoirs, wharves, &c.—

Lists of bribed-Amendment

426 Principle of assessment .....

227

Chorlton, app., v. Johnson, resp. (Bunting's Case) Bishop of Exeter and another v. Marshall

Parliament-Right to vote for county in respect Ecclesiastical law— Right of bishop to require

of leasehold property conferring right to vote testimonials- Refusal to institute-Canons of

for borough-30 & 31 Vict. ss. 56 and 59— 1603, the 39th and 48th canons

69
2 Will. 4, c. 45, s. 25

329 Bishop of Natal v. Rev. J. Green

Chorlton, app., v. Johnson, resp. (Ree's Case) Ecclesiastical law — Colonial bishop — Invalid

Parliament-County vote-Notice of objection excommunication - Clerical obedience

15

-Statement of list on which objectee's name

appears -6 Vict. c. 18, schedule B., No. 10 Bishop of Winchester v. Rugg

-30 & 31 Vict. c. 102, s. 56..........

297 Parish consisting of two benefices with a chapelry Chorlton, app., v. Lings, resp. — in each-Duty of iocumbent to perform Divine

Parliament-Right of women to vote-Lord service - Authority of the ordinary–1 & 2

Romilly's Act (13 & 14 Vict. c. 21), s. 4
Vict. c. 106, s. 80.........

..... 116
Representation of the People Act 1867 (30

301 Bond, app., v. Jackson, resp. —

31 Vict. c. 102), s. 3 Revenue--Customs Act Offences against

Circular Delivery Company (Limited), apps., v. Penalties—Power of magistrate to mitigate

William Clare, resp. — penalties--Customs Consolidation Act 1853

Post-office-Letters–Sending not through the (16 & 17 Vict. c. 107), ss. 236, 263, 280,

post- Exemption

633 and 281--Supplemental Customs Act 1855 (18 & 19 Vict. c. 96), ss. 26, 28—Person

Claydon v. Green-Green v. Claydondetained for being found on board a ship with

Pablic-house-Licence-Transfer of — General contraband on board

537 Licensing Act (9 Geo. 4, c. 61), ss. 11, 14 ... 122 Bower v. Griffith and others

Cobbett and others v. Hibbert and anotherPublic commissioners—Personal liability of ..... 26

Invalidity of security - Time for objection

31 & 32 Vict. c. 125, ss. 8 and 9-Rule 21 285 Brackenborough, app., v. Thorsby, resp.

Conservators of the Thames v. Victoria Station and Highway-Injuring the surface of a bighway, Pimlico Railway CompanyA path across a field-Conviction5 & 6

Thames Conservancy Act 1857 (20 & 21 Vict. Will. 4, c. 50, s. 72

369

c. 147), Lands Clauses Consolidation Act Bradford Election Petition (No. 1)

1845 (8 Vict. c. 18)-The Victoria Station

and Pimlico Railway Act 1858 (21 & 22 Treating by agents—Evidence of Public-houses

Vict. c. cxviii.), ss. 31, 32, and 34—Railway Lavish expenditure-Failure to send in bills

bridge over river Thames

402 and vouchers after election Prima facie evidence--26 Vict. c. 29, s. 4

386 Cook v. Mayor, Aldermen, and Burgesses of City and

Borough of BathBradford Election Petition (No. 2)—

Right of way-Injunction-Non-user for forty Bribery—Treating-Undue influence—Meaning

years—Re-opening of door-gates at either end of “freely"- The opening of public-houses-

-Adverse building 17 & 18 Vict. c. 102, ss. 4, 12, and 23 391 Evidence- Restriction of particulars—Rule 7 396 Coventry Election Petition

Discovery–Jurisdiction—Telegraphic messages 385 Brook, app., v. Dawson, resp.

Treaty between candidates—Payment by one of Master and servant-Apprenticeship to two

the expenses of the other— Purchase of partners—Dissolution of partnership-Mis

influence-Out-voters—Payment of travelling conduct of apprentice

618

expenses— Bribery-Payment on account of

previous election-Cl. 3, sect. 2, 17 & 18 Brunskill, app., v. Watson, resp.

Vict. c. 102 ......

541 Turnpike toll-Curate of a parish-Exemption

Telegraph companies—Privilege- Evidence...... 557 —3 Geo. 4, c. 126, s. 32.....

90 Crane, app., v. Powell, resp.Bryant v. Foot

Masters and Servants Act 1867 (30 & 31 Vict.

c. 141), s. 9–Contract in writing-Form of Marriage fee-Immemorial customRankness... 111

information

635

.........

3

..........

C. Case v. Storey

Hackney carriage-1 & 2 Will. 1, c. 22, s. 35

-Refusal to take fare—“Street or place"-
Railway station—“Public street or road” · 637

D.
Danford, app., v. Taylor, resp.-

AlehouseOffence against licence-Gaming

Playing at ten-pins for beer—4 Geo. 4, c. 61, 88. 13 and 21, schedule C............

598 INDEX TO NAMES OF Cases.

G.

page 476

page 221

Daries 7. Sear

Right of way-Notice—Way of necessity

Apparent easement Davis, app., 0. Scrase, resp.

Sale of wine, &c., by innkeeper on Sunday before

one o'clock—“Except refreshment for tra-
vellers "- Onus probandi—2 & 3 Vict. c. 47,
8. 42-11 & 12 Vict, c. 43, 8. 14-Costs of
appeal

416 Donst v. Slater

Notice of action-Metropolis Local Management

Acts Amendment Act (25 & 26 Vict. c. 102),
8. 106 — Trespass to land in constructing

sewers under order from Board of Works...... 586 Drogheda Election Petition

The Parliamentary Elections Act-Particulars

of inflammatory speeches, priestly influence,
&c.

295 Duke of Bocelengh and Queensberry v. The Metropolitan Board of WorksThames Embankment Act 1862-Damage by

works under-Removal of a jetty-Substitu-
tion of land for water frontage-Award under
Lands Clauses Consolidation Act 1845–
“Injuriously affecting” of premises — Prin-
ciple of compensation -Loss of privacy and
prospect-Evidence of umpire-Admissibility 150

.........

.........

Garnett and others, apps., v. Backhouse, resp.; Rolle,
app., v. White, resp.
Appeal under Salmon Fishery Act 1855 (28 & 29
Vict. c. 121) Power to award costs in cases

of successful appeal Gilpin v. Cohen and Benjamin

Remand on bail of person charged with an offence

before a magistrale—Privilege of from arrest
on civil process, redeundo--Principle on which
the privilege exists...............

430 Golding, app., v. Stocking, resp.

Highway-Cuttle straying on highway-Right

of pasturage on sides of highway-27 & 28
Vict. c. 101, s. 25

594 Grant, app., v. Local Board of Oxford, resps.

Rate-General district rate-Post in the bed of a
river-Occupation.......

243 Greenslade v. Darby

Perpetual curate-Lay rector-Property in

churchyard-Right of depasturing in church-
yard-User

81 Griffiths, app., v. Place, resp.

Weights and measures-Store, place, &c., where

goods are sold, or weighed for conveyance

Farmer's barn—5 & 6 Will. 4, c. 63, s. 28 ... 587
Guardians, &c., of Bradford Union, apps., v. Clerk
of the Peace for Wilts, resp.-
Poor law- Lunatic pauper-Power of certain

justices to make an order under the 3 & 4 Vict.
C. 54, s. 2-Retrospective expenses

90
Guardians, &c., of Hendon Union, apps., v. William
Bowles, resp. —
Nuisances removal – Nuisance upon premises

from the bowage of parties at a distance-
18 & 19 Vict. c. 121, s. 12

627
Guardians of Londonderry Union v. Londonderry
Bridge Commissioners
Poor-rate-Public purposes

209 Guardians of Richmond Union, apps., v. Dean and Chapter of St. Paul's, resp.Nuisances removal -18 & 19 Vict. c. 121

Who liable under sect. 12 to remove a nuisance 103

E.

Earl of Derby v. Bary Improvement Commissioners

Naisances Removal Act 1855 (18 & 19 Vict.

c. 121), s. 22—Watercourse used for convey-
ance of sewage becoming a nuisance-Power
of local authority to make sewer along the
same or instead thereof-Highway Act (5 & 6
Will. 4, c. 50), ss. 67 and 68; Bury Im-
provement Act (9 & 10 Vict. c. ccxciii.),

ss. 102 and 110...... Election Petition, An, Re

Election petition-Practice-Getting up briefs-
Costs.........

409 Elkins and others v. OnslowScrutiny-Particulars

295

F.

Ferrar v. The Commissioners of Sewers of the City of
London
City Sewers Act 1848 (11 & 12 Vict. c. clxiii.)

Lands Clauses Consolidation Act 1845 (8 & 9
Vict. c. 18), s. 68—Incorporation by Lands
Clauses Act in Sewers Act, Works done by
the Commissioners under the authority of their
Act-Land "injuriously affected" thereby-
Right of owner to compensation-Action to
recover samo-Assessment of amount by arbi-
trator ......

257

Guildford Election Petition

Treating-Evidence-Case not included in par

ticulars—Bribery-Statement made by voter
to a third person—Promise to pay voter's
travelling expeuses conditionally on voting-
Corrupt Practices Prevention Act 1854-
Agency-Authority to canvass not always the
test of-Costs

397 Treating—Evidence--Case not included in particulars ....

400 Bribery-Evidence—Statement made to a third person

401

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Field, app., v. Thorne, resp.

Highway-Encroachment-Erecting a fence on
the site of a ditch ....

589 Flamank v. SimpsonCelebration of communion.........

26 Foster, app., 0. Hull, resp.

23 & 24 Vict. c. 27, 88. 30 and 40—Conviction

for drunkennessDismissal on merits ......... 597

H.

Haley and others v. Ripley

Particulars" Other corrupt and illegal means"
- Application to judge not on the rota 313

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