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page 207 (a)
three per cent., and by the assent | 11. Particular statutes cited or com-
37, c. 9. Usury.
5 & 6, c. 20. Usury.
5, c. 4. Wages of labourers. 418
s. 26. Parish apprentices.
2, c. 6. Wages of labourers. 418
12, c. 13. Usury.
29, c. 7. Lord's day.
William of Mary.
97, 450, 453
5, c. 11. Costs-Certiorari. 526
462, 472, 665
12, st. 2, c. 16. Usury.
150, 203, 207 (a)
9, c. 7, s. 5. Settlement by estate.
17, c. 3. Overseers --Rates.
17. c. 5, s. I. Rogues and vagabonds. 6, c. 76. Marriages.
- c. 95. Turnpike Roads. 81
tenement. 426, 448
STAY OF PROCEEDINGS.
I. In what cases ordered.
564 verable in inferior jurisdiction.
And see Costs, 3.
2. The Court will not stay the pro-
98 dency of another action, for the
150 in a case of oppression or vexation.
664 If such a case is made out, tbey will
98 allow the party to plead in abate-
Settlement by paying ment, notwithstanding the four days
449 bave expired, semble. Sowter v.
619 | 3. Under 8 & 9 W.3, c. 11, s. 8, on
See DAMAGES, 3.-PLEADING, 7.
1. Stranding, is where a ship, by ac-
c. 56. Malicious trespasses. 213 course of her voyage, gets upon the
686 strand, and receives injury in con-
686 8 G.4.
go and Irish poor.
See Rates, 1.
See Bond, 1.--PLEADING, 6.
1. Where discharged. 1. A creditor by entering into a binding engagement to give time to bis
debtor discharges a surety. 562 (a) 2. Unless in the contract for the in
dulgence, the liability of the surety is expressly reserved.
ibid. 3. A., the creditor of B., by bills for
which C. and D. are sureties, by a deed to which B. and C. are parties, discharges B. and C., reserving his remedies against D. ;-such reservation is not defeated by a stipulation that the bills shall be delivered up, it appearing that such stipulation was intended to be so modified as to give to A. the benefit of such reservation. Maltby v. Carstairs, H. 8 & 9 G. 4.
1. Wader of tort. 1. As to waver of tort by affirmance
of the wrongful act, see Bernasconi v. Lord Glengall, M. 8 G. 4. 326
II. Actions for tort. See ACTION ON THE CASE.-TROVER.
- TURNPIKE Roads.
TOWN-CLERK. See CORPORATION, VI.
TRANSCRIPT. See ERROR, 2.
See LEASE, ).
TRESPASS. See EVIDENCE, 1, 4.-JUSTICES, 2.
PLEADING, 3. I. Per quod servitium amisit. 1. A father may maintain trespass for
the seduction of his daughter and servant, whom he maintains, in con
TENANTS IN COMMON. See Estate, VI.- Evidence, 5.
SETTLEMENT, 2.-Trespass, 5.
sideration of her services, though
TROVER. she be a married woman at the
See BANKRUPT, 5. time the injury is sustained. Har
I. Title of plaintiff pur v. Lufkin, M. 8 G. 4. page166
See Bill of LADING, 1.-Suip, 1. II. For false imprisonment.
II. Conversion by defendant. 2. Plaintiff appeared before defend
See AGREEMENT, 2.-LIEN, 3. ant, a magistrate, to answer the complaint of A., for unlawfully
TRUSTEES. killing his dog. Defendant advised plaintiff to settle the matter, by pay
See Devise, I ATTORNEY, 2... ing a sum of money, which plaintiff
TURNPIKE Roads, I. II., declined. Defendant then said," he would convict plaintiff in a penalty
TURNPIKE ROADS. A under the trespass act, in which I. Authority of trustees. case be would go to prison." Plain
1. Section 86 of 3 Geo. 4, c. 26, tiff still declined paying, and said
enacts, that “after any new road “ he would appeal.' Defendant
shall be completed, the lands or then called in a constable, and said,
grounds constituting any former “ take this man out, and see if they
road, or so much thereof, as in can settle the matter; and if not,
the judgment of the trustees may bring him in again, as I must pro
thereby become useless or unneceed to commit him under the act." Plaintiff then went out with the
cessary, may be stopped up and
discontinued, unless leading to some constable, and settled the matter,
church, &c., to which such new by paying a sum of money :-Held,
road does not immediately lead, and that tbis was an assault and false
which may therefore be deemed proimprisonment. Bridgett v. Coyney,
per to be kept open, either as a M. 8 G. 4.
public or private way," &e. :-Held, 3. And as no conviction had been
that the exception does not oust the drawn up, defendant could not jus
trustees of jurisdiction in the cases tify.
there mentioned, but leaves them a III. Quare clausum fregit.
discretionary power. De Beauvoir
v. Welch, M. 8 G. 4. page 81 4. A remainder-man enters upon a 2. Notwithstanding the exception,
party who is in possession by intru- trustees may stop up and disconsion : Held, that trespass lies tinue, and give up to the owner of against the intruder, although be the adjoining lands, an old road, retain the actual possession. But- leading to a church, to which the
cher v. Butcher, M. & G. 4. 220 new road does not immediately lead. 5. Trespass does not lie by one part
ibid. owner of a party-wall against the 3. And the person to whom the old other part-owner. Wiltshire v. Sid- road is so given up may maintain ford, M. 8 G.4.
trespass against a party afterwards 6. An action of trespass quare clau. using the old road.
ibid. sum fregit was the ancient mode 4. Semble, that the proper remedy of trying possessory titles 221 against such acts of the trustees, is
by appeal to the sessions, under 4 G. 4. c. 95, s. 87.
II. Liability of trustceś. See Practice, V.-Usury, II. 5. Trustees of a turnpike road are not
liable in damages for an injury oc | 8. So, whether the extortioner be the casioned by the negligence of con- debtor in futuro, or a stranger. tractors, or others, employed under
page 152 (6) them, in the performance of public works on the roads; unless they II. Practice upon trial of the question personally interfere in the manage
of usury: ment of the works. Humphreys v.
9. Where, upon a defence of uşury, Mears, M. 8 G. 4.
the judge states it to be bis opinion 6. What degree of personal interfe
that no usury has been committed, rence sufficient to render them so
but leaves it to the jury to draw their own conclusion from the whole matter, and they find against
the usury, the Court will not disUNDERWRITERS.
turb the verdict. Solarte v. Melville, M. 8 G. 4.
198 See INSURANCE, 1, 2, 4, 5, 6.STRANDING, I.,
III. Effect of usury upon contracts.
10. A valid debt is not destroyed by USURY
a subsequent contract to pay and
receive usurious interest. 129 1. What shall constitute.
11. See the decisions of the American 1. The court will look at the substance
156 (c) of a transaction to ascertain whether, notwithstanding the words
IV. Pleadings. used, the case is within the statute. 12. The position that a specialty can
165 not be avoided by usury appearing 2. E contra, it will see whether, in evidence, or upon the face of the
though the words appear to bring condition of the bond, not warthe case within the statute, in sub- ranted by the authorities on which stance it is not so.
ibid. it has been supposed to rest. 135 (a) 3. Decisions in American courts as to
V. Relief in equity. what constitutes usury.
13. See practice of American courts. 4. Whether upon the discounting of
157 (c) bills it is usury to retain a sum of wbich the broker is aliundè under a
VARIANCE legal or moral obligation to pay to the lender, quære.
I. In matter of allegation. 5. Upon the sale of an estate it is
See PLEADING, I. agreed that the purchase money 1. Where the erroneous expression shall be paid by instalments, with
does not alter the meaning of the interest at 61. per cent. The pay
sentence, but leaves it equally inments reserved under the name of
telligible, it is no variance. 598 interest are, in substance, part of 2. Nor the omission of a word supthe purchase money. Unless the
plied by the context.
ibid. sale be merely colourable, the trans
3. Nor the improper insertion of a action is not usurious. Beete v.
word which may be rejected as surBidgood, M. 8G.4.
599 6. As to the distinctions between
usury and interest, see 151 (6) 11. Between instrument as produced in 7. Usury not committed by extortion
evidence, and as set out on oyer. on account of a payment by antici'pation.
151, 152 (0) 4. Where the condition of a bond de