ADDEND A.

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49. Bingham v. Stanley is reported in 2 Q. B. 117, and is recognised in Bonzi v. Stewart, 4 M. & G. 295.

59. Cooper v. Blick is reported in 2 Q. B. 915.

112. Upon an issue on a parish modus under the Tithe Commutation Act, 6 & 7 W. 4. c. 71. s. 46., in which the incumbent was plaintiff, and one of the landowners was the defendant. Wightman J. admitted other landowners and farmers as competent witnesses in support of the modus, though the action had been brought before 6 & 7 Vict. c. 85. came into operation. Macarthy v. Nepean, Dorchester Spr. As. 1844.

157. Agreements, chargeable with 17. stamp duty by 55 Geo. 3. c. 184., are now liable to a duty of 2s. 6d. if stamped within fourteen days after the making. If stamped after that time a penalty of 107. is payable. See 7 Vict. c. 21. s. 5., and Schedule. 165. Attree v. Anscomb, 2 M. & S. 88., was overruled by the court of Q. B. in The Corn Exchange Company v. Gillingham, H. T. 1843.

183. Where the jury find for the defendant on a special plea, they cannot assess damages contingent on the opinion of the court as to such plea, unless the defendant consents. Newton v. Harland, 1 M. & G. 644.

190. The mere introduction of the names of the parties in an agreement, which shews on the face of it that the parties intended to complete it by signature, is not a compliance with the Stat. Frauds, Hubert v. Traherne, 3 M. & G. 743.

255. The 2 Geo. 2. c. 23. as to attornies has been repealed, and other provisions substituted, by 6 & 7 Vict. c. 73. s. 37.

375. Where the plaintiff goes into evidence of the falsity of a libellous

statement in order to increase damages, the defendant may shew the truth of it, though there is no special plea. Brown v. Croome, 2 Stark. 297.

383. In Richards v. Richards, Bodmin Sp. As. 1844, where the slan" derous words imputed to the plaintiff that he had been notoriously guilty of an indictable offence, Cresswell J., after

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conferring with Wightman J., admitted proof of rumours publicly current in the neighbourhood of the plaintiff's residence before the uttering of the words in mitigation of damages, though there was no special plea. But the learned judge stated that in Hardy v. Alexander, cited in the text, the evidence had been admitted sub silentio.

567. The effect of the general issue, where that plea is given by statute, remains exactly the same as before the new rules of pleading, and is not confined to the peculiar matters of defence given by the statute. Ross v. Clifton, 11 A. & E. 631.

INDE X.

A.

ABANDONMENT :

when necessary in order to constitute a total loss, 245.
what loss is necessary to justify, id.

ABATEMENT:

non-joinder of plaintiff in actions ex delicto, matter of plea in, 63.
of defendant in ditto not, id.

unless parcener, joint-tenant, or tenant in common of
land sued in respect thereof, id.

which party begins, 178.

evidence upon pleas in, 302.

plaintiff must prove amount of damage, id.
on plea of non-joinder of co-contractor, id.
alterations in by stat. 3 & 4 W. 4. c. 42., id.
infant co-contractor must not be joined, id.

if non-joinder pleaded, infancy may be replied, id.
plaintiff must not take issue, id.

co-contractors not general partners, 303.

partners, id.

it must be shewn that plaintiff knew he was dealing with
partnership, id.

letters from one partner promising payment, conclusive
against plea, though others abroad, id.

cases in which either one or several may be sued, id.

competency of witnesses, id.

party not joined competent for plaintiff, id.

quare whether for defendant, id.

his declarations before action admissible for de-
fendant, id.

plaintiff may shew that action against party not joined is barred
by the stat. of limitations, id. 315.

plea of non-joinder taken away in actions against carriers by
stat. 1 W. 4. c. 68. s. 5. 364.

plea of non-joinder of other tenants in common in covenant,

joint-tenancy, or tenancy in common of plaintiff in trespass,
q. c. f. must be pleaded in abatement, 490.

non-joinder of another executor as plaintiff must be pleaded
in abatement, 578.

where plaintiff sues half-hundred instead of hundred, 591.

ABBREVIATIONS:

66

intelligible, will not vitiate an attorney's bill, 255.
ABSENTING HIMSELF:"

when an act of bankruptcy, 534, 535. See Act of Bankruptcy.
ABSTRACT:

vendor must be prepared to verify, 194.

ABUTTALS:

proof of, in trespass q. c. f., 487.

variance in, how taken advantage of, 487. 491.

ACCEPTANCE:

of tenant, what amounts to, 198, 199.

of offer, contract binding from time of, 269.

of goods within the statute of frauds, 278. et seq. See Frauds, Statute of.
of lease, by assignees of bankrupt, &c., what amounts to, 396.

ACCEPTANCE of BILL of EXCHANGE:

variance in statement of, 205.

of date of, 66.

of inland bill must be in writing, 205.

word "accepted" sufficient without signature, id.

in blank, 206.

of foreign bill may be by parol, id.

or by collateral writing, id.

what amounts to such acceptance, id.

cannot be of non-existing bill, id.

by procuration without authority, acceptor not liable, id.

absolute or conditional, id.

general or special, id.

general, not necessary to aver or prove presentment, id. 207.

aliter, if special, 207.

how proved, id.

by several, not partners, handwriting of all must be proved, id.
by one of several partners in name of firm, partnership and ac-
ceptor's handwriting must be proved, id.

by partner in name of firm slightly differing from real name, id.

of partner, when it binds firm, id.

of director of joint-stock company, id.

of agent, id.

with sanction of, but not by, wife of party, insufficient, id. 208.
acknowledgment of handwriting, promise to pay, or part payment, dis-
penses with proof of, id.

acknowledgment by one of several acceptors, not partners, not evidence
against the rest, id.

aliter, if partners, id.

when acceptor precluded from setting up forgery of, id.

admitted by notice to produce, in which the bill was described as
accepted by the defendant, id.

identity of acceptor, id.

existence of evidence of, a question for the judge, id.
sufficiency of evidence of, a question for the jury, id.
effect of, in accrediting the drawing, id.

ACCEPTANCE OF BILL OF EXCHANGE (continued)

admits drawer's handwriting and procuration, 208.

and correctness of description, and ability to draw, id.
but not indorsements, 209.

when evidence under common counts, 208.
when payee is drawer, id., 211.

not between parties not immediate, 208.

unless there be an express promise to pay, id.
acknowledgment evidence under an account stated, id.
effect of payment into Court on money count, id., 209.
proof of, unnecessary in action against indorser, 222.

no good petitioning creditor's debt on exchange of acceptances, 529.
ACCEPTOR:

effect of giving time to, 229.

when a competent witness, 231.

evidence in actions against, 205. et seq.
if not to be found, 214.

informal presentment by default of, id.
foreign, notice of dishonour to, 217.
how discharged from liability, 228.
ACCIDENT:

excuse for not presenting a bill, 214.

See Acceptance.

in driving, an excuse in actions for negligence, 353. 357.
carrier liable for accidental fire, 359.

when a defence in action for assault, 470. 475.

ACCOMMODATION ACCEPTOR:

giving time to, does not discharge the drawer, 229.

may recover costs of action defended at request of drawer, 289.
ACCOMMODATION BILL:

where no effects, notice of dishonour unnecessary, 220.

See Effects.

bill made payable at drawer's may be presumed to be, 226.

indorsee for value, with notice, may recover on, id.

accommodation acceptor not discharged by release to accommodation
drawer, 229.

set-off in case of, 329.

ACCORD and SATISFACTION :

necessary to discharge written contract after breach, 16.

a defence in assumpsit, 304.

cannot be given in evidence under the general issue in assumpsit, id.
acceptance in satisfaction, and receipt by plaintiff must be shewn, id.
bill received in satisfaction, but not accepted in discharge, id.

lapse of time not evidence of special contract performed by way of, id.
proof of, in actions for defamation, 382.

ACCOUNT:

presumptive evidence of having accounted, 21.

paper ascertaining amount of, requires award stamp, 161.
when it requires a receipt stamp, 172.

ACCOUNT STATED:

compulsive admission not evidence of, 37.

attorney's bill cannot be recovered on, without proof of delivery, 257.
assumpsit on, 300.

acknowledgment must be absolute, id.

an attempt to purchase peace not an acknowledgment, id.

entry in bankrupt's examination of certain sum, evidence of, id.