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18 Vict act of parliament affidavit aforesaid agent agreed agreement alleged amount apply arbitrator architect assignment attorney authority bankrupt bankruptcy bill of exchange breach called carried cause of action charter-party claim Common Law Common Law Procedure contract contractors Cork cost-book costs count county court covenant creditors Cresswell damages debt deed defendant defendant's delivered directors discharged E. C. L. R. vol Edward Rawson entered entitled evidence Exch execution executors freight garnishee held Jervis judgment jury land Law Procedure Act learned judge lease letter letters patent liable London Lord matter ment Midleton notice opinion owner paid parcel parties payment person plaintiff plea premises question Railway Company received recover referred refused rent respect rule shareholders shares ship statute statute of frauds subscribers tenant therein thereof tiff Timmis Smith tion trial trustees verdict Western Railway Youghal Railway
145 ページ - to the captain. The act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature or kind soever during the said voyage excepted. The freight is to be paid on unloading and right delivery of
214 ページ - regular turn, not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture; and, being so loaded, shall therewith proceed to Carthagena or Escombrera, or so near thereunto as she may safely get, and there deliver the same, on being paid freight at and after the rate of
591 ページ - or upwards. The cases relied on for the defendant were decided on the 4th section, between which and the 17th there is a manifest distinction. The 4th section enacts that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action
923 ページ - that it was competent to the judge at Nisi Prius to amend the record, under the 37th section of the Common Law Procedure Act, 1854 (17 & 18 Viet c. 125), by striking out the names of F. and G., and a proper case for the exercise of his discretion. Johnson v.
414 ページ - The Railways Clauses Consolidation Act, 1845," 8 & 9 Viet. c. 20; all which acts were to be referred to as part of the case. By the particulars of demand endorsed upon the writ of summons issued in this action, the plaintiffs claimed
33 ページ - Hopkins, 1 Lord Raym. 851, there cited. examined before an arbitrator appointed to settle a special case for the opinion of the court under the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125, s. 5. Per Curiam.—That case seems to be an authority. The writ may therefore go. Rule accordingly.(a)
580 ページ - reasonably stow and carry over and above her tackle, apparel, *provisions, and furniture; and, being so loaded, shall therewith proceed to Halifax, or so near thereunto as she may safely get, and deliver the same on being paid freight as follows,—say, 27s.
593 ページ - Under the direction of the learned judge, a verdict was entered for the defendant, leave being reserved to the plaintiff to move to enter a verdict for her for 251., if the court should be of opinion that the defendant was under the circumstances precluded from disputing her title.
144 ページ - to put on board a full cargo of grain or other lawful merchandise for London. The charter-party contained the usual exception of "the act of God, the Queen's enemies, fire, and all and every other danger* and accidents of the seas, rivers, and
614 ページ - assumpsit, in consideration that the plaintiff, at the request of the defendant, would consent to suspend proceedings against A. on a cognovit, defendant promised to pay 30?. on account of the debt (for which the cognovit was given) on the 1st of April then next;