PRINCIPAL AND AGENT.

1. Where cattle had been sold by the plaintiff to A., and it appeared, that, at the time of sale, A. managed the defendant's farm, that he had always his money in hand, and that he had then, to the credit of his account, more than the value of the cattle, that the defendant had never authorized him to buy on credit, that he had sometimes bought for the defendant and sometimes for himself, that the cattle had been paid for by bills drawn on A., which had been dishonoured when due, and afterwards renewed by the plaintiff:Held, that it was sufficient to leave it to the Jury to say whether the cattle had been sold on the credit of the defendant or of A., and it was not necessary that it should be left to them to say, whether the plaintiff, at the time of the sale, was aware that A. was acting as the agent of the defendant. Edwards v. Smith,

PRINTS.

See ENGRAVINGS.

PRISONER.

59

1. A note for the payment of the weekly sixpences under the Lords' Act, signed by the plaintiff's attor

PROMISSORY NOTES. See AFFIDAVIT TO HOLD TO BAIL, 2.

1. Where a joint promissory note, signed by the directors of a jointstock company, was afterwards altered by the secretary into a joint and several note, without the knowledge or authority of the directors, of whom the defendant was one; and, in answer to a letter from the holders informing him of the dishonour of the joint and separate note, of himself and the other directors who were parties to it, he said that their letter should have his earliest attention:Held, that this did not amount to an assent to the alteration of the note by the defendant, and that he was not bound thereby. Perring v. Hone,

135 PROMOTIONS, 1, 480, 481, 482.

PROVISIONAL ASSIGNEE. See INSOLVENT DEBTORS, 2, 3.

PROVISIONS.

1. Provisions and stores for the use of convicts on board a ship chartered for their conveyance to New South Wales, are not subject to general average. Brown v. Stapyleton,

334

QUARE IMPEDIT. See VARIANCE, 4.

REGULE GENERALES.

1. It is ordered, that, from and after the last day of this Term, in every case wherein notice shall be given of justifying the bail before put in, or either of them, the names and descriptions of such bail shall be inserted; and that it shall not be sufficient to state generally, that the bail before put in (without naming them) intend to justify; and that, in default thereof, the bail shall not be permitted to justify. M. T. 7 Geo. 4, 207 2. Rule of Hilary Term, 7 & 8 Geo. 4, as to Fines and Recoveries,

300

3. It is ordered, that, from and after the last day of this Term, the Warden do cause the gates of the said prison to be closed at the hour of ten of the clock at night until Michaelmas, and at the hour of nine of the clock at night between Michaelmas and Lady-day, and at the said hour of ten from Lady-day to Michaelmas in future; and that no person be admitted into the said prison during the last hour preceding that at which the gates are so to be closed, unless it be a new prisoner, or, in case of an emergency, under the sanction of the Warden or his deputy. E. T. 8 Geo. 4. 469

4. Rule of Easter Term, 8 Geo. 4, as to Fines and Recoveries, 470

5. Form of the affidavit to be made by one of the commissioners taking the acknowledgment of a fine or recovery,

RECOVERIES.

See FINES AND RECOVERIES.

RELEASE.

See COMPOSITION-DEED. PRACTICE, 22.

472

REPLEVIN.

1. In replevin, the defendant made cognizance as bailiff of R. W. for rent in arrear from the plaintiff under a demise from R. W. On the production of the lease under which the plaintiff held, R. W. was described as a receiver, appointed by the Court of Chancery, and the rent was made payable to him or any future receiver:

-Held, that R. W. was entitled to distrain for rent in arrear; and that the plaintiff was estopped by his own deed from pleading non tenuit. Dancer v. Hastings,

34

2. Replevin lies only where goods, &c., are unlawfully taken, not where they are simply detained by a party to whom they have been delivered upon a contract. Galloway v. Bird, 547

REPLEVIN-BOND.
See STAMPS, 3.

REPUBLICATION. See DEVISE, 1.

REQUESTS, COURT OF. See COURT OF CONSCIENCE.

REVOCATION. See AWARD.

RIGHT OF WAY. See EVIDENCE, 6.

SABBATH. See SUNDAY.

SERVANTS. See CLERKS.

SET-OFF.

See BANKRUPT, 4.

1. Costs of a suit in equity may be set off against the costs of an action at law. Webber v. Nicholas, : 87

vessel sailing before or with the wind, should make way for one that is sailing by or against it; therefore, where, in an action on the case for running down the plaintiffs' brig, it was proved that the defendants' vessel was sailing in the Channel before the wind, having her studding sails set, at night, and that the plaintiffs' brig was sailing by the wind; and the Jury found a verdict for the defendants; the Court granted a new trial, on payment of costs, for the purpose of further investigating the facts, as there was some doubt as to the propriety of carrying studding sails at such a time and in such a place; and also, as to whether the defendants' captain had kept a proper look out. Jameson v. Drinkald,

148

1. In an action for words spoken of a man in the way of his trade, it is not necessary to prove the whole of the words laid in the declaration; it is enough if sufficient is proved to sustain the action, provided the words not proved do not alter the sense of those that are. Thus, proof that the defendant spoke of the plaintiff to one with whom he did business

"'Ware hawk there; mind what you are about"-will sustain a declaration alleging the words spoken to have been--"'Ware hawk; you must take care of yourself there: mind what you are about." Orpwood v. Parkes,

SPECIFICATION.

492

1. An engraving, on a reduced scale, of a specification of a new invention enrolled at the Patent-office,

1. On a sale of fixtures by an outgoing to an incoming tenant, the following memorandum was given by the broker employed by the former: "Received of Mr. H. 3l., for letting a house to him for a term of seven years; Mr. H. to take the fixtures at a valuation, if he be accepted as tenant; and, in the event of his not being accepted as tenant, then the 31. to be returned." In an action for the price of the fixtures:-Held, that fixtures are not "goods, wares, or merchandize," within the exception of the Stamp-Act, 55 Geo. 3, c. 184; and therefore, that the above memorandum, being part of the contract between the parties, could not be received in evidence without a stamp. Wick v. Hodgson,

213

2. An alteration in the date of a bill of exchange, with the assent of the acceptor, before its negotiation by the drawer, is not such a reissuing of the bill as to render a new stamp necessary. Leykariff v. Ashford,

281

3. On a replevin-bond taken by the Sheriff, under the 11 Geo. 2, c. 19, s. 23, the broker made in the margin the following memorandum" W. G. maketh oath that the goods mentioned in this bond are of the full value of 4191. 16s., and no more:"-Held, that, inasmuch as the statute does not require that an affidavit in writing should be taken by the Sheriff, but merely that the value should be ascertained on oath, the above memorandum did not require a stamp. Dunn v. Lowe,

STATUTES.

Jac. 1.

1. c. 21. Brokers.

407

539

539

of the statute of frauds, which requires an agreement that is not to be performed within a year from the making thereof to be in writing. Where, therefore, a debtor to the plaintiff stated to the plaintiff's solicitor, on being applied to for payment, that he, the debtor, could not pay then or during his life-time, but that he had provided for payment by his will, and directed his executor to pay:-Held, to be binding on the executor, although there was no promise in writing by the testator to pay. Wells v. Horton,

177

STATUTE OF LIMITATIONS.

1. On a plea of the statute of limitations-Held, that a new promise infra sex annos need not be declared on specially, although made thirteen years after the accrual of the original cause of action. Upton v. Else, 303

2. On a demand being made for payment of a debt barred by the statute of limitations, the defendant said, he would be happy to pay it if he could, that a sum was due to him from one G., and that, if the plaintiff could recover that debt, he might pay himself thereout:-Held, that this was a mere conditional promise, and that the defendant's ability to pay

must be shewn, to entitle the plaintiff to recover. Ayton v. Bowles, 305

3. To take a case out of the statute of limitations, evidence of conversations, in which one of the defendants had admitted the debt, and said

"that it was hard that he should be called upon individually to pay the debts of the firm, when so many outstanding debts due to them were uncollected; that he had put the debts into the hands of an accountant, who would settle the business; and that he might refuse to pay altogether, but would not act in that way -was held sufficient to constitute an absolute promise to pay. Pierce v. Brewster,

515

1. The defendants, through the medium of a broker, contracted for the purchase of goods belonging to the plaintiff. The whole terms of the contract were arranged on a Sunday, and on the same day entered in the broker's contract-book (with the exception of the name of the seller, which was added next day), and the sold-note delivered to the defendants:-Held, that the entire contract, being, as far as it affected the defendants, completed on the Sunday, was void by the statute 29 Car. 2, c. 7. Smith v. Sparrow, 266