SCIRE FACIAS. See Joint-STOCK COMPANIES Act. brought on a judgment, but within twenty years after the cause of such action or recovery of such judgment, only applies to actions begun by summons and plaint, and not to writs of revivor or proceedings by suggestion. Q. B. Johnston v. Bell 526 REFERENCE TO MASTER TO ASCERTAIN DAMAGES. An application for a reference to the Master to ascertain the amount of final judgment, under Common Law Procedure Act 1856, must be made on notice, or a conditional order only will be granted. E. Honohan v. Ahern 141 RENT. See ATTACAMENT. RENTAL See LANDLORD AND TENANT. RENT, ABATEMENT OF See LANDLORD AND TENANT. REPORT, WHEN ACTIONABLE. See SLANDER. SCOTCH MARRIAGE. SEIZURE IN EXECUTION. Where a creditor, having seized the goods of a principal debtor in execution, afterwards caused a return of nulla bona to be made on the writ of execution, and forbore to sell the goods, though called on by the surety so to do, and then issued a ca. sa. against the person of the surety, marked for the full sum due, without deducting therefrom the value of the goods so seized :-Held, that this amounted to a voluntary abandonment of the seizure; and that, as the seizure and subsequent abandonment of the goods of the principal operated in Equity as a discharge pro tanto of the surety (who was entitled to call upon the creditor to proceed and sell the goods, and to give him credit for the amount realised by such sale), the value of those goods was an equitable deduction, to which the plaintiff should be entitled under the statute of 6 Anne, c. 7. Held also, that an action at Common Law lies for maliciously, and without probable cause, overmarking the writ of execution under which the debtor is arrested, as the statute of Anne provides no specific remedy for that case, but only for the case of the omission to deliver a proper certificate, or for overcharging the debtor in that certificate. Plaintiff, having deposed in evidence that he wrote a letter about his affairs to the defendant, calling on him to sell the goods so seized, and that he, or somebody for him, posted it; and evidence having been given that the defendant had held a conversation with a third person, in which he stated that he had been so called upon, and during which REPUTATION, FAMILY. See CIVIL-BILL EJECTMENT. REQUEST, NECESSITY OF. See PLEADING, 3. RETAINER. See ATTORNEY. REVERSION, NECESSARY TO SUSTAIN EJECTMENT. RIGHT OF ENTRY. See EJECTMENT, 1. RULES. See PRACTICE, 5, 14. RULE TO PROCEED TO TRIAL. See PROCEDURE ACT. SALE BY SAMPLE. See PLEADING, 4. с an son conversation he held a letter in his Letters written by the defendant's hand, which he did not read, but solicitor, subsequently to the arrest of which he said he had received on the plaintiff, with reference thereto, the subject :-Held, sufficient ground were Held properly receivable as evito admit secondary evidence of the dence of malice in the arrest; as the letter written by plaintiff (a notice animus of the defendant is to be to produce having been served). inferred by the jury ex antecedentibus et consequentibus. The decree in a Chancery petition matter, in which the plaintiff was An incomplete finding of the jury petitioner, and the defendant was a on one of the issues in the case was respondent as public officer of a Held immaterial, as the admissions on Bank, and in which matter the the record and the findings on the amount of the value of the goods other issues showed a sufficient cause seized by defendant, and the plain of action, although, if the former had tiff's right to that amount, as stood alone, there should have been a equitable deduction, had been deter venire de novo. E. Spencer v. Thompmined, being offered in evidence, was 537 objected to, as obtained against the SERVICE. defendant in autre droit.- Held, that See Civil-BILL EJECTMENT. such proceeding was not res inter alios MARKING JUDGMENT. acta, but was admissible against de PRACTICE, 8, 16. fendant, as he bad, prima facie, a complete control over the suit as a SETTING ASIDE DEFENCE. party thereto (no evidence of limited See PLEADING, 1. control having been given). Held also, that this decree, although SETTING ASIDE PROCEEDINGS. See JUDGMENT. made subsequently to the arrest complained of, was evidence at least to SEVERAL ISSUES, prove the value of the goods, which had been ascertained thereby; and See LIBEL, 4. that, 'if admissible for any purpose, SIDE-BAR RULE. the exception taken to its reception, being general, should be overruled. See PRACTICE, 9. Semble also, that the decree would SLANDER. be admissible as the decision of a See LIBEL, 1. Court of competent jurisdiction, that a right to an equitable deduction had Action for a libel published by the deexisted at the time the execution fendant in a newspaper. issued. The defendant pleaded that he was Semble.-A party maliciously ar a guardian of the poor of a certain union, and at a meeting of the board resting another for more than is due cannot be held to have probable cause, of guardians of that union a discussion arose in reference to the plaintiff, and by reason of his mere belief that he is warranted by law in so doing. that speeches were made by several of the guardians, including the deThe relinquishing of the execution fendant, and by the plaintiff on his against the goods of the principal, own behalf, and that the defendant and the issuing of execution against spoke in discharge of a public duty, the person of the surety, with the without malice, &c.; also, that in motive of serving the principal by order to assist the newspaper repor. injuring the surety, is evidence for ter, who attended for the purpose of the jury on the question of malice. reporting the proceedings, to publish 145, a correct account of them, he handed, 11 Anne, c. 2, s. 8 20 32 32 528 146 32 450 145 19 G. 2, c. 13 146 32 26 G. 3, c. 33, s 15. English Marriage Act 155, 167 9 7 10 453 15 & 16 G. 3, c. 27, s. 3 32 Act 168 451 11 55 57 G.3, c. 51. Newfoundland 168 168 20 58 G. 3, c. 39 20 1 G. 4, c. 41 235 4 G. 4, c. 99, ss. 21 and 25. Goulburn's Act 514 513 169 10 145 6 234 514 145 515 533 515 29 512 145 50 452 510 146 1 & 2 Vic., c. 56, s. 93. Irish Poor Law 145 Act 584 574 234 156 395 156 244 7 & 8 Vic., c. 81. Dominica Law for SUGGESTION. See LEASE. 156 169 SUMMONS AND PLAINT. SURPRISE. 51 See PRACTICE, 11. 228 6 48 Act 121 OF. 321 464 TIME. 73, 81, 86 20 See PRACTICE, 5. 590 255 TITHE RENTCHARGE. 132 An applotment was made under the Tithe Composition Act, on certain lands, of which Lord H. was entitled 509 to the first estate of inheritance. The defendants, for the purposes of their Railway, took a conveyance of the The tithe, pur- suant to the 1 & 2 Vic., c. 109, had been reduced one-fourth.-Held, that the rentcharge, imposed by 1 & 2 Vic., being substituted in lieu of the charge mained a charge thereon, and that the lands being occupied as a Railway made no ground of exemption. Q. B. section 22 of the Chancery Regulation TRAVERSE. See LIBEL, 1. 277 PLEADING, I. TRESPASS. To an action of trespass, for breaking and entering the close of the plaintiff, and seizing and taking and carrying away and converting the goods and pleaded a justification ;-because of plaintiff to the defendant as his land- lord, he, the defendant, entered and distrained the goods and chattels as 1 and for a distress for the rent due, according to the form of the statute in such case made and provided ;' quæ sunt eadem, &c.—Held, on demurrer to this defence, per LEFROY, C. J., and PERRIN, J., that such general pleading was good ; and per CRAMPTON and MOORE, JJ., that the requirements of the statute 9 & 10 Vic., c. 111, should have been specifically set out in the defence. Q. B. Spratt v. Murphy 489 TRIAL, WITNESS UNABLE TO ATTEND. a codicil, reciting that he had purchased certain freeholds, and had converted leaseholds into freeholds, he specifically devised the same, and such as he should thereafter purchase, upon the same trusts. At the time of making this will and codicil, he was seised under a lease of an estate for lives.—Held, that that leasehold interest did not pass to the trustees under the will and codicil, but descended upon the heir-at-law of the testator. A, in his lifetime, planted timber trees on said leasehold estate, and duly registered the same, and died without having felled the timber, and was succeeded by B, his heir-at-law, the surviving life in the lease. After the death of B, and within twelve months after his decease, his personal representatives cut the timber. Held, that at Common Law, the timber was part of the inheritance until severed; but that when severed, it became a mere chattel; and that under the Timber Acts, the tenant not having felled said trees during the existence of the lease, they remained part of the inheritance, and descended with the land. Q. B. Alexander v. Godley 445 VACATION. See PRACTICE, 5. VENUE. See POOR-LAW Act. VERDICT, GENERAL. See INDICTMENT. VERBAL AUTHORITY. See ATTORNEY. VOTER. See CounTI REGISTRY. WARRANT. See POOR-RATE. WILL, CONSTRUCTION OF. 1. A, by his will, dated the 21st of No vember 1832, reciting that he was seised in fee-simple of certain estates, and also of the reversion in fee in certain settled estates, and that he was desirous of settling and disposing of his unsettled and other estates, devised to trustees all the lands of which he was seised in fee-simple, and also his reversion in fee of his settled estates, and all his estate and interest in said estates respectively, upon certain trusts therein named ; and by 2. IA testator by his will appoints execu tors, and empowers them “ to act as such, and that they will dispose and manage the effects in manner and form following :-First, I recommend my lawful debts to be paid, as my lawful debts to be recovered.” He then devised his real estates among his sons in certain portions, each son to become entitled to possession upon his marriage, subject to a proportionate share of the debts and charges affecting the real estate.—Held, that the executors took the legal estate only during the interval between the death of the testator and the happening of the event upon which each son was to become entitled to possession ; and that the words of the will did not give the executors a |