MEMORANDUM. John Mellor, Esq., one of the Justices of this Court, received the honour of knighthood, by letters patent under the Great Seal. END OF TRINITY TERM. 1862. INDEX. ACTION. See Public Health Act, I. On foreign judgment. 1. In an action on a contract where 2. Where an action is brought on a 3. Concessum, that the judgment of a 4. In an action on a judgment ob- tained by the plaintiff against the de- found certain facts, with a certain con- AGENT. AGREEMENT. See Master and Servant, I. III. ALE HOUSE LICENCE. 870 ANIMALS, CARRIAGE of. ANIMALS, CARRIAGE OF. APPEAL. When the decision of the Court below Against foreign judgment. See Foreign At Quarter Sessions. See Quarter Ses- From justices, under 20 & 21 Vict. c. 43. s. 3. On an appeal from justices under stat. ARTICLED CLERK. had petitioned it for relief, the case was ARTICLED CLERK. See Clerk, Articled. ARTICLES. Assignment of. See Clerk, Articled, I. ASSIGNMENT OF ARTICLES. See Clerk, Articled, I. ASYLUM. See Pauper Lunatic. ATTORNEY'S LIEN. AUDIT. See Poor Law Audit. AUTHORITY, REVOCATION OF. The defendant leased a farm to the AVERAGE LOSS. BAD CHARACTER. BAD CHARACTER. See Prostitutes. BANKRUPTCY. See Scotch Bankruptcy. BASTARDY ORDER. See Arrest. BILL OF LADING. See Charter Party. BOARD OF GUARDIANS. See Clerk to Board of Guardians. BUILDING SOCIETY. By indenture between G. W. T., proprietor of shares in a Building Society, and the defendants, trustees of the Society, reciting, among other things, that G. W. T. had, pursuant to the rules of the Society, agreed to pay unto the Society for the term of fourteen years, the quarterly sum of 167. 3s. 2d. in respect of his shares; and that for securing the quarterly payments he had agreed to execute the security intended to be effected by that indenture, G. W. T. conveyed a house, of which he was seised in fee, to the defendants in fee. The deed contained a proviso for quiet enjoyment by G. W. T. if he paid the quarterly sums, &c., and observed the rules of the Society and the covenants in the deed; but that in case he made default the defendants might enter, and lease or sell the house, and out of the proceeds retain the amount of payments in arrear, &c., and pay the surplus, if any, to G. W. T.: and a clause by which G. W. T. agreed to become tenant of the house to the defendants, their heirs or assigns, or other the trustee or trustees for the time being of the Society, thenceforth during their will, at the clear net yearly rent of 667., payable on the usual quarterly days, subject to the powers of distress and entry for nonpayment thereof, and to all usual remedies as in leases of like property. G. W. T. died, leaving payments in arrear; the defendants distrained upon the goods in the house, which was in the occupation of his widow, who subsequently took out administration. Quare, whether the deed created the relation of landlord and tenant between the parties? But assuming that it did, held that, the tenancy under the mortgage being at most only a tenancy at will, the distress was not made during the possession of the tenant from whom the rent became due within the proviso in sect. 7 of stat. 8 Ann. c. 4., and therefore was not justified under sect. 6 of that Act. Turner v, Barnes, 435. BURIAL ACTS. I. By stat. 15 & 16 Vict. c. 85. ss. 10, 11, extended to the whole of England by stat. 16 & 17 Vict. c. 134., the vestry of any parish, having resolved that a burial ground shall be provided for the parish, shall appoint a Burial Board. By sect. 52 "Parish' shall mean every place having separate overseers of the poor, and separately maintaining its own poor." Mandamus to the overseers of the parish of W., reciting that a Burial Board had been appointed for that parish, commanded them to pay out of the poor rates of the parish the expences incurred by that Board. Return: that, in 1840, before the constitution of the Burial Board for the parish of W., that parish had been, under stat. 58 G. 3. c. 45., divided into three separate parishes for all ecclesiastical purposes; but did not shew that either of the new parishes had appointed a Burial Board under stat. 20 & 21 Vict. c. 81. s. 5. Held no answer. The Queen v. Overseers of Walcot, 555. II. Stat. 20 & 21 Vict. c. 81. s. 5. enacts that the vestry of any parish, new parish, township, or other district not separately maintaining its own poor, and which has no separate burial ground, may appoint a Burial Board; and such vestry, and the Burial Board appointed by it, shall exercise and have all the powers which they might have exercised and had if such parish, new parish, township or district had had a separate burial ground before stat. 18 & 19 Vict. c. 79.; |