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certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

“ And be it enacted, That if any person, against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted, shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.

“Provided always, and be it enacted, That in case the justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act; provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any complaint of assault or battery, which shall have been committed in asserting any

title or claim to any goods or chattels, lands, tenements or hereditaments, or any interest therein or appertaining thereto."

DIGEST OF CASES.

The First (the common law) division of this Digest contains every case (except those

which relate to real property) reported in each of the last numbers of the King's Bench and Common Pleas Reports - Barnewall and Creswell, Manning and

Ryland, Bingham, Moore and Payne — with some MS, notes of recent decisions. The Second (the real property) division includes every case referrible to that head,

in the reports mentioned above, and with very few exceptions, all on the same subject, in the two last numbers of Russell, the last numbers of Simon and of Bligh ; and the most important decisions of the Court of King's Bench in Ireland, from

Batty's Reports. The Third (the equity) division includes the cases in the last numbers of Russell,

Simon, Young and Jarvis, and the most important of the decisions in the House

of Lords, from Bligh. The Fourth (the bankruptcy) division includes every case in the last number of

Glynn and Jameson.

For the sake of brevity we have adopted the abbreviations in general use ; namely,

B. & C. Barnewall and Creswell.
M.& R. Manning and Ryland.
M. & P. Moore and Payne.

Y. & J. Younge and Jarvis.
G. & J. Glynn and Jameson,

&c. &c.

COMMON LAW.

AGREEMENT. 1. An agreement “ that A. should give B. 1001. for a coach, by four bills

of 251. each, and that B. should have a claim upon the coach until the debt was duly paid,” (which agreement was followed up by mutual delivery of the coach and the bills,) was held to operate as a mere personal licence from A. to B. untransferable to take the coach if the bills were not paid, and that, the coach having come to the hands of the administratrix of A., by operation of law, B. was not justified in taking it on the ground of one of the bills not being

paid.-Hottes v. Ball, 7 B. & C. 421. 2. An action may be maintained for the non-performance of a contract

for the sale of land which is found to be incumbered by an unsatisfied judgment, without a previous tender of a conveyance to the judgment creditor.Pearson v. Upwell, MS. Easter Term, 1828.

ATTORNEY. 1. A party who intrusts papers to an attorney, with an intimation that

she would pay him if she recovered a certain property, is not liable for the costs of an action of ejectment commenced and abandoned by

him.-Tabram v. Horn, 1 M. & R. 228. 2. An attorney who has been a member of a joint stock company, can

not recover against two other members the costs of defending an action brought against them in that character subsequent to the dissolution of the company.

Milburn v. Codd, I M. & R. 238. S. C. 7 B. & C. 419. 3. An attorney employed by the assignees of an insolvent to bring an

action, cannot recover his costs incurred therein, without proving either that it was brought with the consent of the creditors and approbation of a commissioner, or that he had apprised his client that such consent was necessary.— Alison, Gent. &c. v. Rayner, 7 B. & C.

441. 4. The property in copies, drafts, &c. paid for by a client, is in him,

and not in the attorney.--Ex-parte Horsfall, 7 B. & C. 528.

AWARD.
It may be stipulated in a deed of submission that the authority of the

arbitrators shall continue, notwithstanding the death or insolvency of either of the parties ; and the surety on a bond conditioned for the due performance, in which bond the stipulation as to death, &c. was not inserted, is liable though the award was not made till after the death of the party for whom he was bound, and directed the executors to pay, &c. By the deed the award was to be made between and the day of

next, or any other day the submission might be prorogated. Held that the omission of dates was immaterial, and that it was to be looked upon as a general authority to be exercised in a reasonable time.--Macdougal v. Robertson, 1 M. & P. 147. 4 Bing. 435.

BANKRUPT. 1. The assignees of a bankrupt cannot consider as a wrong doer a per

son interfering with the bankrupt's effects, after once treating such person as their agent.—Brewer v. Sparrow, 1 M. & R. 2. S. C. 7 B.

& C. 310. 2. If a verdict in trover be obtained in vacation, and after the 1st day

of the next term the defendant becomes bankrupt, and final judgment is signed subsequently, the plaintiff may prove the debt thereby created under the commission, and will be barred by the certificate. -Greenway v. Fisher, 7 B. & C. 436.

BILL OF EXCHANGE.

A power of attorney “ for me and on my behalf to pay and accept such bills as shall be drawn or charged on me by my ageuts or correspondents, as occasion shall require,” authorises the acceptance of such bills only as are drawn on the individual account of the principal, and not bills drawn in respect of partnership transactions. A power to indorse and negociate bills of exchange, payable to the principal, and generally “ to perform all other affairs and concerns of the principal," does not authorise the acceptance of bills. — Attwood v. Munnings,

1 M. & R. 66. S. C. 7 B. & C. 278. 2. Where the drawer of a bill draws upon himself, it is to be looked

upon as a promissory note, and the drawer is not entitled to notice of non-acceptance. The similarity of name and residence is evidence sufficient to warrant the jury in supposing the drawer and drawee to be the same person.

- Roach v. Ostler, 1 M. & R. 120. 3. The defendant had accepted a bill for the honour of A. the drawer,

who indorsed it to his agent, the plaintiff, by whom it was paid away on the drawer's account for goods contracted for by him. This contract was afterwards rescinded, but the holder refused to re-deliver until repaid a demand upon a different account on the drawer. This the plaintiff promised to pay, received the bill, and sued the acceptor, but held that he could not recover even the amount for which he had thus rendered himself liable. Hallett v. Davis,

1 M. & P. 79. 4. Bill of exchange payable 30 days after sight was presented for ac

ceptance and refused, and duly protested eight days afterwards; it was accepted by a third person for the honour of the drawer, and at the expiration of 30 days from this acceptance, together with the days of grace, presented for payment both to the original drawees and the acceptor for honour; held that these presentments for payment were made at a proper time. — An acceptance for honour is not an absolute but a conditional acceptance, and therefore, held 2ndly, that an averment of presentment to the drawee for payment was necessary. — Williams v. Germaine, 7 B. & C. 468.

COMMON.

An unqualified custom for the lord of the manor to inclose the waste is bad. Secus, a custom to inclose leaving a sufficiency of common, but it is on the lord to shew that a sufficiency is left. Semble, that a custom so qualified is good even as against common of turbary. A commoner may throw down the whole of a fence inclosing any part of the common, and even when erected by the lord wrongfully.--Arlett v. Ellis, 7 B. & C. 340.

CONVICTION.
A conviction under 52 G.3. c.93. for using a dog and gun without a

certificate, is not removable by certiorari, without an affidavit that the place where the offence was committed was not within the district of the convicting magistrate.—The King v. Long, 1 M. & R. 139.

CORPORATION.
Where in a charter of inauguration any power is given by a clause

which enumerates the different component parts of the corporate body, the concurrence of a majority of each separate part is requisite, as for instance, when given to the mayor, aldermen, and capital burgesses. Secus, when given to the corporation collectively, and no distinction made between the different classes of which it consists.—Rex v. Headly, 7 B. & C. 496.

COSTS. See PRACTICE.

COVENANT.
Where a covenant goes only to part of the consideration, and a breach

of it may be paid for in damages, it is independent, and the plaintiff need not aver performance of covenants on his part. As where A. covenanted with B. not to carry on particular tra

and B. in consideration thereof covenanted to pay an annuity ; it was held, that a breach of A's covenant was no defence to an action brought by A. against B. for non-payment of the annuity.--Carpenter v. Cresswell, 1 M. & P. 66.

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EJECTMENT. 1. In ejectment judgment having been given against the lessor of the

plaintiff in C. P., which was reversed on error in K. B., the plaintiff in trespass for the expulsion and mesne profits may recover the costs of the reversal, errror be pending in the Lords.—Nowell v. Roake, I M. & R. 176. S. C. 7 B. & C. 404.

[N.B. The pendency of the writ of error in the Lords does not appear in the report in B. & C.] 2. Upon a demise for a certain period, with the privilege of using part

of the premises after its expiration, ejectment may be maintained for the part of the premises to which the privilege does not extend immediately on the conclusion of the term.-Doe dem. Waters v.

Houghton, 1 M. & R. 208. 3 When the person in possession is proved to have been presented simo

niacally, the presentee of the crown, after institution and induction, hay maintain ejectment and is not driven to a quare impedit; the church being void in law by the simony when he was inducted.Doe dem. Watson v. Fletcher. MS. East. Term, 1828, in the King's Bench.

EVIDENCE. 1. Plaintiff and defendant held under the same landlord, the plaintiff by

parol, the defendant by lease. The action was brought to try the property in a lane, and it was held, that the lease not being produced, the landlord's evidence was admissible to prove that he let the lane to both, and that the plaintiff therefore had no exclusive property there

in.—Noye v. Reed, 1 M. & R. 63. 2. Payment of interest is evidence of the principal sum being due, in

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