the plaintiff had read the original lease under which the property was held. Ibid. 3. A party recovering back a deposit paid on the purchase of real property is not entitled to interest. Ibid. 4. A purchaser at an auction cannot recover from the vendor the expenses of preparing the deeds of conveyance of the property, after he has refused to complete the purchase on account of the non-production of certain title deeds, though his attorney prepared the conveyances on the faith of a note written in the margin of the abstract by the vendor's solicitors, stating that all the title deeds were examined by them on the original purchase, and that, if it should be required, they would apply to the solicitor for the original seller, in whose custody they were. Jarmain v. Egelstone,

172

5. A. having agreed to buy certain lands of B., had paid part of the purchase money, and was let into possession. B. had not executed any conveyance :-Held, that this was a mere tenancy at will in A., and that if B. had made a demand of possession to determine the tenancy at will, he might recover the lands by ejectment. Doe d. Hiatt v. Miller, 595

UNLAWFUL ASSEMBLY.
See RIOT.
WARRANT.

A warrant of a justice of the peace to apprehend a party, founded on a certificate of the clerk of the peace, that an indictment for a misdemeanor had been found against such party, is good. Rex v. Stokes,

WARRANTY.

See FALSE REPRESENTATION.

148

one day in the year. British Museum v. Finnis,

460 2. If there is an old way near a person's land, and by the fences decaying the public come on the land, that is no dedication of the land as a way. Ibid..

WITNESS.

See BAIL, 1.-EVIDENCE, 2, 7, 10, 22.-NEGLIGENCE, 7.-PERJURY, 2.-RELEASE.

1. A defendant's attorney, who has been subpoenaed on the part of the plaintiff, may, at the desire of his counsel, remain in Court during the trial of the cause, although an order has been made for the witnesses on both sides to withdraw. Everett v. Lowdham, 91

2. Questions may be put on the voire dire to a witness by the party who calls him, in order to shew his competency, though no question has been asked by the opposite counsel to shew a disqualification; the objection being founded on the opening speech. Perryman v. Steggall,

197

1. If a person, for the purpose of accomplishing a robbery, wound, by means of kicking, the skin of the party whom he is endeavouring to rob, he is punishable under the stat. 9 Geo. 4, c. 31, s. 12, if the jury find that his intent was either to disable or do grievous bodily harm. Rex v. Shadbolt,

504

2. A gamekeeper, accompanied by his assistant, met four poachers on the highway, one carrying a gun, another a gun-barrel, and the other two, bludgeons. There had been previously two shots fired. The gamekeeper said to his assistant "Mind the gun," and the assistant laid hold of it, and then the gamekeeper called to another person; upon this three of the poachers knocked him down and stunned him, and when he came to himself he saw all of them near, and one said as they passed him, "D-n them, we have done them both," and one turned back and cut him on the left leg, and all then ran away. It was objected, first, that the wounding of the leg was the act of one alone, and there was no evidence to shew which of them it was;-secondly, that, from the expressions used, it was evident that both were thought to be dead, and there could be no intent to murder, &c.;-thirdly, that the prisoner being on the highway, the gamekeeper and his assistant had no right to interfere with them. The prisoners were convicted, and the Judges held the conviction right. Rex v. Warner,

525