AN INDEX TO THE PRINCIPAL MATTERS. ABATEMENT. See MISNOMER, 1. ACCOUNT STATED. See FIXTURES, 1. FRAUDS, STATUTE OF, 1. ACKNOWLEDGMENT. RECOVERY, 1. 4. 5. ACT OF BANKRUPTCY. ACT OF PARLIAMENT. ACTION ON THE CASE. ADMINISTRATION. ADMIRALTY COURT. See BAIL, 1. EJECTMENT. RECOVERY, 1. 4. 6. WARRANT OF ATTORNEY, 1. a supplemental affidavit. Sands v. Graham, M. 60 G. 3. Page 18 2. In shewing cause against a rule which had been previously before a Judge at chambers, the same affidavits cannot be used, unless they are re-sworn and restamped. Chitty v. Bishop, E. 1 G. 4. Page 413 AFFIDAVIT OF DEBT. See AFFIDAVIT, 1. AGENT. See ATTORNEY, 3. 1. A. at Rouen, ordered goods of B. & Co. to be shipped at Bristol, and before the vessel sailed, he directed his agents in London to insure her. B. & Co. having shipped the goods, caused another insurance to be effected, they being ignorant of the former insurance by A. Neither of the policies were cancelled, but that effected by A. was void, on the ground of concealment. In an action against an underwriter by B. & Co. on the policy effected by them:-Held, that they were entitled to recover, A.'s agent having directed it to be effected:-Held also, that the Jury were warranted in finding that he had an implied authority so to do. Barlow v. Leckie, M. 8 60 G. 3. 2. The defendants, as brokers for B. & Co. effected two purchases of seed, both of which were paid for by the latter, and left in the defendant's warehouses for the purposes of re-sale; the first purchase was made on account of B. & Co. and the other for the plaintiffs resident abroad, and by their express order; but the invoices LIMITATIONS, Statute of, 1. 1. Where part of the consideration of an annuity consisted of a draft, payable at a banker's:Held, that it was necessary to state in the memorial at what time such draft was payable, and the application for setting aside 1. If a plaintiff, while attending the execution of a writ of inquiry in an action brought by him in the Court of C. P. against the defendants, who had suffered judgment by default, be arrested by a quo minus at the suit of a third person;- the under-sheriff, before whom such inquiry is executed, cannot discharge him, but the Court will do so on motion. Walters v. Rees, M. 60 G. 3. 34 2. The defendant was arrested in this Court, after a non pros in the Exchequer, for the same cause of action:-Held, that he was entitled to be discharged on entering a common appearance, 1. The plaintiff and defendant entered into a joint and written contract with the owner of a vessel to supply her with colonial produce at Jamaica, by a given time. The contract not being complied with, the owner made a demand on the plaintiff alone, who agreed to refer the amount of the damage sustained by such owner to an arbitrator, without the knowledge or consent of the defendant. The arbitrator having awarded a certain sum to be due to the owner, the plaintiff paid the amount, and brought an action for money paid, against the defendant for a moiety thereof: Held, that he was entitled to recover. Burnell v. Minot, E. 1 G. 4. 340 2. Quære, If a defendant undertakes to invest money on a copyhold security, it amounts to a warranty by him that such security shall be valid and sufficient? Brown v. Howard, T. 1 G. 4.508 ATTACHMENT. See FOREIGN ATTACHMENT. 1. A defendant, on being served with a copy of a capias, tore it in pieces, and threw it at the officer:-Held, not to amount to a contempt of Court, for which an attachment might be granted. Myers v. Wills, H. 60 G. 3. and 1 G. 4. Page 147 ATTORNEY. 1. If a defendant be arrested by an attorney for fees, and a bill of costs be delivered to him without being signed;- he cannot be discharged out of custody on entering a common appearance, as the want of such signature will be a defence to the action on producing the bill at the trial. Tomlinson v. Clark, M. 60 G. 3. 4 2. If an attorney be struck off the Rolls of the Court of King's Bench for misconduct, this Court will make a like order, on motion, founded on a copy of the original report of the master of K. B. In re Smith, H. 60 G. 3. and 1 G. 4. 319 3. If the certificate of an attorney of this Court, be, through the mistake of his agent, filed in the King's Bench, where he was not admitted; for four successive years, such certificate may be entered and filed here, on a notice of the fact being given at the stamp office. Ex parte Jones, E. 1 G. 4. 347 AVOWRY. AWARD. See ASSUMPSIT, 1. 1. Where the plaintiff obtained a verdict, subject to a reference, and the arbitrator died before making his award, and the parties agreed that another should be substituted in his stead, and one of them afterwards objected to such substitution:-The Court refused to interfere, as the death of the arbitrator had the effect of opening the cause, and as execution could not be sued out on the verdict, on account of such death. Harper v. Abrahams, M. 60 G. 3. Page 3 2. If arbitrators, having proceeded in a reference, inform the defendant present at the meeting, that they would suspend their proceedings till books of account had been referred to, and they afterwards make an award in his absence, without examining such books:-Held, to be a good ground for setting aside the award. Pepper v. Gorham, H. 60 G. 3. and 1 G. 4. BAIL. See AMENDMENT, 1. JUSTICES OF PEACE, 2. 148 1. Notice for justifying bail in person, must be served before eleven o'clock in the forenoon of the day, on which, according to the present practice, such notice ought to be served; except where an order of the Court for further time shall have been obtained, in which case it shall be sufficient to serve the notice before three o'clock of the afternoon of the day on which such order shall be granted; and the affidavit of service must specify the time of day at which such notice shall have been served. Reg. Gen. M. 60 G. 3. Page 2 2. If proceedings on a bail-bond are irregular, or against good faith, it is unnecessary to put in bail before application is made to set them aside. Secus, if regular, and the defendant applies to set them aside on terms. Heath v. Gurley, H. 60 G. 3. and 1 G. 4. 149 3. In this Court, each of the bail on a recognizance is liable to double the amount of the sum sworn to, although in the King's Bench it is otherwise; and this Court will not vary its practice on motion. Howell v. Wyke, H. 60 G. 3. and 1 G. 4. 167 1. A. sold goods to B. to be paid for by a bill at two months, and not being able to obtain it from B. and doubting his solvency, A. employed his broker to re-purchase them in his own name, which was done, although at a great loss. B. afterwards became bankrupt, without knowing that the goods had been re-purchased by the broker on account of A. In an action of trover, brought by the assignees of B. against A. for the goods :-Held, that they were not entitled to recover, as the transaction was not fraudulent on the part of A. Harris v. Lunell, M. 60 G. 3. Page 10 2. A partnership which existed between A. and B. was dissolved by mutual consent. A. being separately possessed of freehold and leasehold estates ;-after the dissolution, conveyed them to trustees for sale or mortgage, and empowered them to execute such conveyances as they should think fit, for the of conpurpose verting his said estates into money, in order to enable him to carry on his trade, and to pay his creditors their debts; and it was agreed that such conveyances might be made and executed by the trustees, with or without the concurrence of A.; and that they should be seised or interested in the money arising from such sale or mortgage. When this deed was executed, A. had stock in trade, and other personal effects, to a considerable amount, independently of the partnership assets, which were not sufficient to pay the partnership debts. The trustees were not creditors of either A. or his partner. A. and his partner afterwards gave C. & Co., who who were not creditors of either, a power of attorney to make demands of every description, and to examine and settle all the accounts, together with other powers |