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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
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.
8. ვ.

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.

ARBITRATORS.
See Public Health Act, I.

ARREST.

A police constable who makes an ar-
rest under a warrant from a justice of
the peace for disobedience to a bastardy
order, is bound to have the warrant in
his possession at the time; and this al-
though the warrant was in the possession
of his superior officer at the station
house, and although the officer making
the arrest was not called on to shew it.
Galliard, appellant, Laxton, respondent,

363.

Privilege from.

On the final hearing, by the Insolvent
Debtors Court, of the case of a party who

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
to receive it was revocable. Venning v.
rent, the agreement or authority for him
Bray, 502.

AVERAGE LOSS.
See Insurance, Marine.

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 161. 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.

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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.;

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