ACTION.

See Public Health Act, I.

On foreign judgment.

1. In an action on a contract where
the question at issue has no relation to
the manner of performing the contract,
or to the consequences of non-perform-
ance, and relates entirely to the effect of
the transaction at the place where it was
entered into, the liability of the defend-
ant must be determined by the lex loci
contractûs. Scott v. Pilkington. Munroe
v. Pilkington, 11.

2. Where an action is brought on a
judgment obtained in a foreign Court,
the pendency of an appeal in the foreign
Court against that judgment is no bar
to the action; although it may afford
ground for the equitable interposition of
the English Court in which the action is
brought to prevent the possible abuse of
its process, and on proper terms to stay
execution. Id.

3. Concessum, that the judgment of a
foreign Court having jurisdiction over
the subject-matter cannot be questioned
here, on the ground that the foreign
Court has mistaken the law of its own
country, or has come, on the evidence, to
an erroneous conclusion as to the facts.

4. In an action on a judgment ob-

tained by the plaintiff against the de-
fendant in the Supreme Court of New
York, the defendant pleaded that the
judgment was erroneous according to
the law of New York, and was liable to
be reversed, and that he was prosecu-
ting proceedings in appeal, which were
then pending; and he set out the record
of the proceedings in the original suit
there, by which it appeared that the
cause had been referred by order of the
Court, not to a private arbitrator selected
by the parties, but to an officer of the
Court directed to ascertain the facts, who
found certain facts, with a certain con-
clusion of law from them, and judgment
was given accordingly in favour of the
plaintiff; although the same conclusion
would not have followed by the English
law had the same facts been found to
have occurred here: held, that the plea
was no answer to the action. Id.

AGENT.
See Lease.

AGREEMENT.

See Master and Servant, I. III.

ALE HOUSE LICENCE.
See Licence, Ale House.

870 ANIMALS, CARRIAGE OF.

ANIMALS, CARRIAGE OF.
See Railway Company, I.

APPEAL.

When the decision of the Court below
is affirmed on appeal, the Judges of the
Exchequer Chamber being equally di-
vided, the successful party is not entitled
to costs. Archer v. James, 61.

Against foreign judgment. See Foreign
Judgment.

At Quarter Sessions. See Quarter Ses-
sions.

From justices, under 20 & 21 Vict. c. 43.

s. 3.

On an appeal from justices under stat.
20 & 21 Vict. c. 43., the case was sent
back to be restated, and ultimately
judgment was given for the appellant
with costs. On the taxation, the Master
allowed to the appellant the costs of pre-
paring the case beyond the fees allowed
to the clerk of the justices by sect. 3 and
schedule (A.), and also the costs of
amending the case. Held, that the taxa-
tion was right. Glover, appellant, Booth,
respondent, 807.

ARTICLED CLERK.

had petitioned it for relief, the case was
adjourned sine die, and protection re-
fused. On quitting the Court, the in-
solvent was arrested on a ca. sa.: held,
that he was privileged from arrest.
Chauvin v. Alexander, 47.

ARTICLED CLERK.
See Clerk, Articled.

ARTICLES.

Assignment of. See Clerk, Articled, I.
Omission to stamp. See Clerk, Articled,
II.

ASSIGNMENT OF ARTICLES.
See Clerk, Articled, I.

ASYLUM.

See Pauper Lunatic.

ATTORNEY'S LIEN.
See Costs, II.

AUDIT.

See Poor Law Audit.

AUTHORITY, REVOCATION OF.

The defendant leased a farm to the
plaintiff for fourteen years by deed,
reserving rent payable quarterly. The
deed contained various clauses by which
the plaintiff and the defendant agreed
respectively to do certain things, and
concluded with the following clause:
"And the said landlord further agrees
and orders that R. K., or his appointed
agent, is to receive all rents from the
tenant at all times when it becomes due
during the said term hereby granted, and
his receipt to be a full and sufficient dis-
charge from all liability thereof." Held
that, R. K. having no interest in the
rent, the agreement or authority for him
to receive it was revocable. Venning v.
Bray, 502.

AVERAGE LOSS.
See Insurance, Marine.

provided that all the powers of any other vestry and Burial Board, if any, shall then cease and determine, so far as relates to such parish, new parish, township or district. A mandamus, reciting that the parish of W. had been divided into three parishes for ecclesiastical purposes, and that the vestry of the parish of St. S., being one of them, had appointed a Burial Board, and resolved that a burial ground should be provided, and that the Burial Board should be authorized to incur expences for that purpose, and that the Burial Board had certified that 491. 58. 9d. was required for defraying expences incurred, and directed the overseers of the parish of W. to pay such sum to the clerk of the Burial Board; commanded the overseers to pay or raise the said sum according to the certificate. Return: that, before the meeting of the vestry of St. S. for determining whether a burial ground should be provided for that parish, a Burial Board was appointed for the original parish of W. Held no answer; as the appointment of a Burial Board for the original parish did not prevent the ecclesiastical parish of St. S. from appointing a separate Burial Board under stat. 20 & 21 Vict. c. 81. s. 5. The Queen v. Overseers of Walcot St. Swithin, 571.

III. Stat. 18 & 19 Vict. c. 128. s. 18., which enacts that in every case in which any order in council is issued for the discontinuance of burials in any churchyard or burial ground, the Burial Board or Churchwardens shall maintain such churchyard or burial ground of any parish in decent order, and also do the necessary repair of the walls and other fences thereof, and the expences shall be repaid by the overseers, upon the certificate of the Burial Board or Churchwardens, out of the poor rate of the parish or place in which such churchyard or burial ground is situate, unless there shall be some other fund legally chargeable with such expences, does not apply to a burial ground which is not a burial ground of any parish, but is the property of private persons: affirming the judgment of the Queen's Bench. The Queen v. Burial Board of St. John, Westgate,703.

IV. Where two parishes or places

each maintaining its own poor, are united together for ecclesiastical purposes, a Burial Board for the whole district, appointed by the vote of the vestry, or meeting in the nature of a vestry, is properly constituted, by virtue of stat. 18 & 19 Vict. c. 128., read in connexion with stat. 15 & 16 Vict. c. 85.: although this would have been otherwise under the 15 & 16 Vict. c. 85. The Queen v. Overseers of Coleshill, 825.

V. In such a case, in the contract for providing for the expenses of the burial ground, the Burial Board ought to fix the sum payable once for all;— not to fix one definite proportion for the amount to which each of the two parishes or places is to be chargeable in future: although this also would have been otherwise under the former Act.

Id.

VI. In such a case, where money is borrowed by the Burial Board towards the expenses of providing the burial ground, the deed should charge the sum borrowed upon the future rates of the one part of the parish, and also upon the future rates of the other part. Id.

BURIAL BOARDS. See Burial Acts.

CANAL TRAFFIC ACT. See Railway Company, I.

CAPIAS.

The defendant being about to leave this country for New Zealand, was arrested on a capias under stat. 1 & 2 Vict. c. 110. s. 3. The plaintiff had proved his debt in Scotland; and a warrant of protection had been granted to the defendant for a limited period, which had not elapsed when he was arrested: held, that the defendant was not entitled to be discharged. Dutton v. Halley, 748.

CARRIAGE OF ANIMALS. See Railway Company, I.

CARRIER.

CARRIER.

CHURCH BUILDING ACTS. 873

tiffs to hand over the copies to K., their agent at Liverpool: but the defendant negligently, improperly, and carelessly

CHARTER PARTY.

Declaration stated that, by charter party between the plaintiff's (owners of the ship P.) and that the defendant (a merchant at Liverpool), it was agreed that the ship should receive on board from the defendant a cargo, and should proceed to C., &c., and there deliver it agreeably to bills of lading; that the defendant should deliver the cargo alongside, and receive it at the port of discharge that he should pay a lump sum for the hire of the vessel, &c.; and that the master should sign bills of lading. It then alleged that the defendant put up the ship as a general ship; that goods were shipped by him, and eight bills of lading were made out by the shippers and signed by the captain; that it was usual at Liverpool for the shippers of goods by vessels to make out for the captain a correct copy of each bill of lading; that the shippers made out copies of the eight bills of lading and delivered them to the defendant for the captain; that the defendant kept the captain's copies, and the plaintiffs had no copies, nor was it in their power to obtain copies except from the defendant; that it was necessary, as the defendant well knew, for the purposes of the voyage, and to secure the goods from being confiscated abroad, and to enable the plaintiffs to deliver them to the consignees, that a consular manifest should be made out in which an accurate account and description of the goods included in the eight bills of lading should be given; and that it was necessary, as the defendant well knew, for the purpose of making out a complete and accurate consular manifest, that the person employed to make it out should have all the bills of lading or copies thereof: that it was the duty of the defendant as charterer, and under the charter party, upon request of the owners of the vessel, to hand over the captain's copies of the bills of lading for the purpose of enabling a complete and accurate consular manifest to be made out; and that the defendant was required by the plain

of the eight bills of lading as and for the whole of the bills of lading relating to the goods; whereby and by reason of such negligence, improper conduct and carelessness, an incomplete and inaccurate consular manifest was made out. Special damage was averred. Held by the Court of Queen's Bench, and affirmed by the Exchequer Chamber, that the declaration was bad for not shewing that either by express contract or mercantile usage or from circumstances, there was a duty on the defendant to hand over the copies of the bills of lading to the plaintiffs. Dutton v. Powles, 174.

CHURCH BUILDING ACTS.

I. Sect. 70 of stat. 58 G. 3. c. 45., which authorizes rates for the "repairs" of district churches, includes rates "to be raised within the district, in like manner as in case of repairs of churches by parishes," for the expences necessary for the due performance of the offices of the church, as well as for the repairs of the fabric. The Queen v. Consistorial Court of London, 339.

three ecclesiastical districts, under sect. II. The parish of L. was divided into 21 of stat. 58 G. 3. c. 45., and subject to the provisions of that and the other Church Building Acts; and one of such districts was assigned to a church called the church of St. B, built under the provisions of those Acts at S., and was called the district parish of St. B., S. A rate was made in form "for and towards the repairs of the district parish church of St. B., S.," but in fact for other necessary expences also, such as lighting and washing, and stationery for registers, &c. Upon a rule for a prohibition, held, that the expences for which the rate was made were legal. ld.

CHURCH RATE. See Rate, Church.

CHURCHWARDEN.

I. An outgoing churchwarden, whose B. & S.