Sec. 2. Rate of interest, 508. Pawnbroker.

XXVII. 43 G. 3. c. 46. (Arrests.)

1. Sec. 3. Defendant not entitled to costs unless arrested in fact, 351. Costs, II.

2. Sec. 5. Costs of abortive fi. fa., 272. Practice, XIV.

XXVIII. 55 G. 3. c. 127. (Ecclesiastitical courts.)

Sec. 1. Capias cum proclamatione, 951. Writ, I.

XXIX. 53 G. 3. c. 141. (Annuity.)

Sec. 2. Statement of consideration, 789. Judgment, VIII.

XXX. 54 G. c. 170. (Poor.)

Sec. 9. Competency of rated inhąbitant, 502. Evidence, V. 1. XXXI. 58 G. 3. c. 45. (Church building.)

Sec. 58. Prohibition, III. XXXII. 55 G. 3. c. 68. (Highways.) Sched. A. Effect of repeal of this statute on a statute incorporating the form of notice, 405. Appeal, I. XXXIII. 58 G. 3. c. 69. (Vestries.) 1. Sec. 1. Notice of special purpose, 610. Prohibition, III.

Consent of vestry, 610.

2. Sec. 3. Manner of voting, 356. Churchwarden.

XXXIV. 55 G. 3. c. 184. (Stamps.)

1. Sec. 8. Admissibility in evidence for collateral purposes, 555. Stamp, I.

2. Sched. part 1. Lease. Evidence that the document is a counterpart, 255. Stamp, I.

3. Sched. part 1. Mortgage. Stamp on security for repayment of unlimited sum, 620. Mortgage.

4. Sched. part 1. Mortgage. Stamp on deed giving fresh security, 248. Stamp, II.

XXXV. 59 G. 3. c 12.

(Poor.)

Sec. 17. Ejectment by or against parish officers, 502. Evidence, V. 1. XXXVI. 59 G. 3. c. 12. (Poor.) Sec. 26. Order on child to maintain parents, 227. Poor, XIII.

XXXVII. 59 G. 5. c. 134. (Church building.)

1. Sec. 14. Consent of vestry, 610. Prohibition, III.

2. Sec. 39. Order of commissioners for stopping up a footway, 405. Appeal, I.

XXXVIII. 1 G. 4. c. 119. (Insolvent debtors.)

Sec. 7. Assent to assignment, 683.
Evidence, V. 4.

XXXIX. 6 G. 4. c. 16. (Bankrupts.)
Secs. 50. 75. 127. Bankrupt.
XL. 6 G. 4. c. 57. (Poor.)

Sec. 2. Settlement by a 10l. renting
where landlord pays the tithes, 192.
Poor, V.

XLI. 7 G. 4. c. 57. (Insolvent debtors.) Sects. 10. 50. Discharge out of custody under a capias utlagatum, 677. Outlawry.

XLII. 7 G. 4. c. 74. (Criminal justice.) 1. Sec. 21. What omission to state property not cured after verdict, 481. Post, XLIII.

2. Sec. 25. Costs on indictment for indecent exposure, 589. Costs, XII.

1.

XLIII. 7 & 8 G. 4. c. 29. (Larceny and offences connected therewith.) Sec. 53. False pretences.

An indictment under stat. 7 & 8 G. 4. c. 29. s. 55., for obtaining goods by false pretences, must state to whom the goods belonged.

Otherwise it will be bad on error; the omission not being cured after verdict by the last clause of stat. 7 G. 4. c. 64. 8. 21., that provision relating to the description of the offence, not of the subject-matter. Regina v. Martin, 481.

XLIV. 9 G. 4. c. 14. (Written memorandum.)

Sec. 1. Conditional acknowledgment of debt.

1. J. R., a debtor, having sums due to him, handed the accounts to his creditor, and wrote "I give the above accounts to you, so you must collect them and pay yourself, and you and I will then be clear. J. R." Held, that this acknowledgment did

not

not imply a promise to pay, and was no answer, under stat. 9 G. 4. c. 14., to a plea of the statute of limitations.

Per Lord Denman C. J. Whether such a written acknowledgment be conditional or unconditional is a question for the Court, not the jury, except where the document is connected with other evidence affecting the construction. Routledge v. Ramsay, 221.

2. In assumpsit on a bill of exchange, a letter was produced to take the case out of the statute of limitations, from defendant to plaintiff, stating that plaintiff should be informed immediately it was settled how defendant's affairs should be arranged; and adding, "Your account is quite correct, and O! that I were now going to enclose the amount." No amount of debt was stated; and no proof was given, from the letter or otherwise, to what account the letter referred, nor whether the letter applied to the bill.

It being left to the jury whether this was an unconditional acknowledgment of the debt, and they having found that it was: Held, that there was no ground for a nonsuit; for that the acknowledgment was unconditional, and that the jury, if it was a question for them, had decided it rightly.

Quære, whether the plaintiff was entitled to more than nominal daImages: And whether the effect of the acknowledgment was a question for the Court or jury. Dodson v. Mackey, 225. n.

3. Sec. 6. Representation concerning ability.

Declaration, in assumpsit, that defendant, an attorney, requested plaintiff to lend J. 300l., and, to encourage plaintiff to do so, and to take no further security than J.'s promissory note, falsely and fraudulently represented to plaintiff that she might safely lend J. the 500, and take no further security than such note, because the title deeds to a certain estate, which defendant then asserted that J. had bought, were in defendant's possession, and nothing could be done without defendant's knowledge,

and plaintiff would be perfectly safe in making such loan to J. on the terms aforesaid; that the defendant by the representation induced plaintiff to lend, and plaintiff did lend, J. the 300/, on J.'s note only, whereas plaintiff could not safely lend, &c. (negativing the representations as above stated); all which defendant, at the time he made such representations, well knew: that J. had not paid, or been able to pay, the 3004., and had become bankrupt.

Plea, that defendant's representations were representations concerning the ability of J. to repay, and were not in writing.

Held good on demurrer, the representations being within stat. 9 G. 4. c. 14. s. 6. Swann v. Phillips, 457. XLV. 11 G. 4. & 1 W. 4. c. 64. (Beer.) Secs. 14. 25. Conviction for allowing beer to be consumed at improper hours, 124. Conviction, I. 1.

XLVI. 1 & 2 W. 4. c. 32. (Game.)
Sec. 30. At whose instance a con-
viction for trespass may be, 155.
Game.

XLVII. 2 & 3 W. 4. c. 71. (Prescription.)

1. Sec. 1. Onus of proof, 161. Prescription, I.

2. Sec. 2. How far the pleading and evidence must apply to some definite easement, 161. Prescription, I. XLVIII. 3 & 4 W. 4. c. 42. (Amendment of the law.)

1. Sec. 1. Substitution of amended rules, 278. Reg. Gen. 2. Sec. 23. Amendment by Judge at N. P., 301. Amendment, I. XLIX. 4 & 5 W. 4. c. 76. (Poor.) 1. Secs. 71, 72. Form of order of filiation, 881. Poor, XII.

1. Sec. 1. Repeal of 13 G. 5. c. 78., 496. Ante, XXII.

2. Sec. 3. Defeat of prosecutions previously commenced, 496. Antè, XXII.

LII. 5 & 6 W. 4. c. 63. (Weights and measures.)

Sec. 17. Powers of recorder of municipal corporation, 638. Post, LIII.

7.

LIII. 5 & 6 W. 4. c. 76. (Municipal corporations.)

1. Secs. 32. 35. Custody and identification of voting papers.

On trial of a quo warranto information for exercising the office of councillor for a ward having nine, the issue being whether defendant was duly elected, the prosecutor's case was, that nine other candidates at the election had a majority over the defendant: Held, that the prosecutor was not bound to prove, in the first instance, that the nine were qualified to be councillors, but might make a case by shewing simply that they had the actual majority.

Papers, purporting to be voting papers given in at the election, were produced from the town clerk's office; and it appeared that he had been elected town clerk some days after the election, and had not received the voting papers in the first instance, but that they had been delivered to him shortly after his own appointment: Held,that, under stat. 5 & 6 W. 4. c. 76. ss. 32. 35., the papers were not sufficiently identified to be evidence of the votes given. Regina v. Ledgard, 535. 2. Compensation.

The steward of a borough, removed under stat. 5 & 6 W. 4. c.76., demanded compensation under sect. 66, as for an office held for life. The town council allowed compensation as for an annual office only. The Lords of the Treasury, on appeal, and after hearing the parties, awarded compensation on the former principle. On motion for a mandamus to the corporation to execute a compensation bond, there appeared evidence, on the one hand, that the office was not, legally, holden for life, and, on the other, that it had usually been so holden, and that the appointment was accepted on that understanding.

Held, that, under sect. 66, the Lords of the Treasury were not bound to consider only the legal tenure, but might, referring to the circumstances of the case, award compensation as for an office held for life.

The steward had received a small annual sum for holding a corporation court. It was paid by the sheriffs, and not out of the borough fund; but he held the court as steward. Held, that compensation might be given him in respect of this emolument. Regina v. Norwich, Mayor, &c., 633.

3. Sec. 68. Compensation to ministers of churches.

Stat. 5 & 6 W. 4. c. 76. s. 68., directing that stipends, which, for seven years before June 5th, 1835, have been usually paid to the minister of any church or chapel, shall be secured by bond under the corporation seal to the person entitled or accustomed to receive the same, extends to a person appointed lecturer of a church in such borough by the corporation, and having read prayers, proached, and administered the sacrament of the Lord's Supper, and occasionally solemnized baptisms, marriages, and burials; although there is an incumbent of the same church duly appointed under a local act of parliament, which constitutes him, and not such lecturer, the minister of that church.

It is sufficient, under stat. 5 & 6 W.4. c. 76. s. 68., that the claimant has performed the duties of minister, according to the general acceptation of that term, and been accustomed for seven years to receive the stipend. Regina v. Liverpool, Mayor, &c., 176.

4. Sec. 69. Notice of business to be done at meetings of town council, Office, II.

183.

5. Sec. 69. Minutes of proceedings.

Under stat. 5 & 6 W. 4. c. 76. s. 69., the minutes of proceedings in town council should be entered and signed by the chairman at the meeting, and not afterwards. Regina v. Evesham, Mayor, &c., 266.

6. Sec. 92. Payment of corporate monies to treasurer, 822. Mandamus, IV. 4.

7. Sec. 105. Jurisdiction of recorder. In counties of cities, and counties of towns, to which a court of quarter

ses

sessions has been granted under stat. 5 & 6 W. 4. c. 76., the recorder, by sect. 105, has the powers relating to inspectors of weights and measures, given by sect. 17 of stat. 5 & 6 W. 4. c. 63. to the magistrates in quarter sessions assembled.

Although the present jurisdiction of the recorder be limited to a district less extensive than that which the county comprehended up to the time of passing those statutes. Regina v. Hull, Recorder, 638.

LIV. 6 & 7 W. 4. c. 76. (Newspapers.) Evidence of publication, 168. Libel, I.

LV. 6 & 7 W. 4. c. 96. (Parochial assessment.)

Sec. 6. Recognizances on appeal from special sessions, 932. Poor, III.

LVI. 7 W. 4. & 1 Vict. c. 78. (Municipal corporations.)

Sec. 24. Mandamus to put a burgess on the roll.

When a party, whose name has been expunged from the burgess roll of a borough by the mayor on revision, applies to this Court for a mandamus to replace it, the Court is bound to inquire into his title.

It is not therefore sufficient for him to shew that his name was inserted by the overseers, and expunged by the mayor on an objection which, for want of legal notice under s.17. (as he alleges), ought not to have been heard. Regina v. Harwich, Mayor, 919.

LVII. 1 & 2 Vict. c. 45. (Attornies.)

Sec. 3. Apportionment of fees on admission, 741. Reg. Gen.

LIX. 1 & 2 Vict. c. 110. (Arrest on mesne process.)

1. Sec. 7. Does not supersede Reg. Gen. Mich. 59 G. 3., 938. Sheriff,

IV.

order, 925. Arrest, III. 1.

THIRDLY: Local acts.

SWANSEA.

II. 1.

LXI. Liverpool Church acts, 176. Antè,

LIII. 3.

TAXATION.

Of cost. Costs, XI.

TENANT.