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Superior Courts : Queen's Bench.—Common Pleas. agreement, the third when the plans and sec- it, the court entertained an application for tions were deposited, and the last when it was a new trial on the ground of misdirection, certified that the standing orders of the House after the lapse of several terms. of Commons had been complied with. On this Trespass for false imprisonment. The destate of fact, on application to Mr. Justice Erle fendants pleaded first, not guilty, and secondly, at chambers, he made an order that one of the a justification under a ca. sa., and at the trial counts in this declaration should be struck out before Tindal, C. J., at the London sittings as being in apparent violation of the new rules after Hilary Term, 1845, a verdict was found, of pleading, one of which being, that several under his lordship’s direction, for all the decounts shall not be allowed, unless a distinct fendants upon the second plea, and against subject-matter of complaint is intended to be them, with the exception of one, on the first established in respect of each. A rule nisi was plea. A bill of exceptions was tendered on obtained to set aside the judge's order. behalf of the plaintiff, and was sent to the
Mr. Brown showed cause, and contended, Chief Justice to be signed, but in consequence that all the instalments mentioned in the decla- of the note of the exceptions taken at the trial ration might be recovered under the count for by the Chief Justice having been mislaid, which work and labour, or on the quantum meruit, if his lordship desired to see, the bill remained in the work had been performed. This case is his possession unsigned at the time of his similar in principle to the one mentioned in the death, in July, 1846. In the following Nonew rules, that counts upon a demise and for vember the defendants signed judgment, to set use and occupation of the same land for the aside which on the ground of irregularity, and same time are not to be allowed.
for a new trial on the ground of misdirection, Mr. Peacock contrà. The nature of the a rule nisi had been obtained during last plaintiff's claim requires that both these counts term. should be retained. If the plaintiff relies on Talfourd, Sergeant, (Channell, Sergeant, and the special count alone, he is liable to be de- Cowling with him,) now showed cause. It is feated altogether if he fails to prove the contract said that a term’s notice ought to have been as alleged. On the other hand, the common given before the signing of judgment by the count alone is insufficient, because the two defendants. But it is submitted that the rule first instalments are payable at certain fixed requiring such notice relates only to proceedperiods which may happen before any of the ings before verdict; 2 Tidd's Pr. 903. As to work is commenced, therefore the implied as- the bill of exceptions, the proper course was to sumpsit would only apply to the two last in- have argued all the facts before a judge at stalments. There is no implied contract to pay chambers on summons, but that course was the two first instalments. He cited Cahoon v. not taken, and judgment therefore was signed. Burford, and Gilbert v. Hales.b
Hinton v. Acraman, 16 Law J., N. S., C. P. 3 ; Lord Denman, C. J. I think the plaintiff is May v. Wooding, 3 M. & S. 500; Lord v. entitled to retain both these counts in the de- Wardle, 15 Law J., N. S., C. P., 259. They claration.
were stopped by the court on the point of mis. Mr. Justice Patteson. I am of the same direction. opinion. This case appears to me most like Newton in person contrà. The delay in the the instance given in the new rules, that a bill of exceptions was merely such, and not a count for freight upon a charter party, and for refusal. Cottam v. Partridge, 3 Scott, N. S. freight pro rata itineris upon a contract implied 174. There has been no proceeding here for a by law, may be allowed.
year, and therefore a term's notice was clearly Mr. Justice Coleridge. I think there might necessary. The mere leaving the bill of excepbe some difficulty in recovering the two first tions with the Chief Justice could not be coninstalments under the last count, unless all the sidered any proceeding in the cause in the work was completed.
proper sense of a proceeding. Mr. Justice Wightman concurred.
Wilde, C.J. The parties who tendered the Rule absolute. bill of exceptions should have used more dili
gence in prosecuting it. It was tendered in Common Pleas.
1845, and the Chief Justice was living in 1846. Newton and wife v. Boodle and others. Hilary The court is unable to reinstate the parties in Term, 1847.
the same position as if the bill of exceptions
had been duly sealed, and in order to remedy TERM's NOTICE.-BILL OF EXCEPTIONS.- as far as possible the inconvenient consequences
FOR NEW of the want of the bill of exceptions, the court
bas treated the motion as one for a new trial. The rule requiring a term's notice after the On, however, examining carefully the learned
lapse of a year without any proceedings Chief Justice’s notes of the evidence, we think having been taken, has no reference to steps his direction to the jury was right, and theretaken after verdict.
fore that there is no ground for a new trial. Where a bill of exceptions remained in the The other point seems to be decided by the
possession of the judge for his signature case of May v. Wooding, cited in the argument. for some time, and he died without signing
The rest of the court concurred.
Rule discharged with costs. • 13 Mee. & Wels, 136. b 2 D. & L. 227.
DEATH OF JUDGE.
Superior Courts : Court of Review.-Nisi Prius Cause Lists-London. 37
Amphlett, for the petitioner, contended, that Exparte Cocks, re Barwise. Monday, Feb. 22, independently of the stat. 6 Geo. 4, c. 16, the 1847.
debt was proveable, and cited Exparte Poucher, PRACTICE.--PROOF FOR COSTS.
1 Glyn. & Jam. 385; Exparte Halm, Mont. & A judgment creditor has a right to prove for 326.
M'A., 70; and Scott v. Ambrose, 3 M. & Sel. the costs of an action in which he obtained
Swanston, for the assignees, opposed the apjudgment before the bankruptcy, where the debt itself has been paid after the bunk- plication on the ground that the petition was
an attempt to prove for costs independently of ruptcy by another party liable to it.
the debt, and said that the determination come An action of assumpsit had been brought to by the commissioner was quite right. against the bankrupt as the drawer of a bill of The Chief Judge. This case appears to me exchange, and judgment on a nil dicit, and the to be governed by Exparte Poucher, except ordinary rule to compute had been obtained that the defendant having been paid from antherein before the bankruptcy occurred. After other quarter, there has been no proof under the bankruptcy final judgment was obtained, the bankruptcy. I am of opinion that makes and the acceptor paid the amount of the bill. no substantial difference. This decision, it The petitioner claimed to prove against the must be borne in mind, proceeds on materials bankrupt's estate for 101., the amount of costs not before Mr. Fane, whose attention was drawn in the action, but Mr. Fane, the commissioner, to the statute only, on which ground I should rejected the proof.
| have agreed with him.
NISI PRIUS CAUSE LISTS.
Tres, Baxendale and Co.
Dt. Alban and B.
Franklin & another (stay-
Covt. Wm. Bevan
Dt. Wilde and Co.
Prom. Few and Co.
Van Sandau & Co. Pearce and Co. Robertson (stayed) S.J. Dargan
Covt. Norris and Son C. B. Wilson Gibbs (stayed) Aberdeen
Covt. Gilbert, Hook, & Co. Leigh
Edwards and another, as.
S.J. The East India Company Dt. Lawfords
S.J. Glyn, Bart., and others Pro. E. and J, Lawford Wigbt
Royal Exchange Assu-
Covt.T.C. & H. Freshfield Amory and Co, Travers and another Sıraker and others
Pro. Dean and Co.
Prom. E. White
Cundell (stayed) Harrison and others Pro. Chester and Co.
De Vear, sued, &c. Pro. Condell
Proms. Dean and Co.
Proms. Tatham and Son. Same
Proms. Soles and T.
Proms. I. Abbott
Belcher and others, assig-
Dt. Tilleard and Co. James Coppock
Pro. In person
Conyngham, Esq., and
Prom. Fearon and C. Chubb
Dt. Pontifex and M.
Proms. Milne and Co. Same
Eject. Wm. Smith
Trov. Wright and K.
Dt. J. W. Brooks W.W.Oldersbaw Wright
Proms. H. Crocker A. Digby
Proms. Tatham and Co. Stevens and Co. Borrer
S.J. Brighton, Lewes, & Hast.
ings Railway Company Sutton and Co.
Nisi Prius Cause Lists.- London. Walcot and C. Herapath
Proms. Meggison and Co.
Proms. Wm. Savage
Morris and Co.
Smith and another Tres. and Ejt. E. Lewis. F. S. Manning Cumming
S. J. Cox
Fladgate and Co. Lawford
S.J. Charretie and another, in. Indt. Keddell and Co. for dicted with others Charretie, Fry & Co.
for Young, Bart. Blower and Co. Powell and others S. J. Allen
Ca. Cattains and F.
Asst. Goddard and E.
Proms. Bush and M.
Proms, Charles Parker
Sharpe, sued, &c. Ca. S. J. Sydney. Lawford
S. J Charretie and another, in- Indt. Fry and Co. for Chardicted with others retie, Kendell and Co.
for deft., Sir W. Young Amory and Co. Waley
Pro. Richardson and Co. Same
Pro. Venning and Co. W. 0. Holcombe Garrod, extrix.
Prom. Ashurst and Son
F. and Issue, Pope
Dt. Thomas Martin
Pro. Brundrett and Co.
Slee and R.
Prom. Hook Cox and S.
S.J. Corporation of the Royal Dt. I. C. and H. Fresh
Exchange Assurance field
Dt. S. Fisher
Lambert, Bart., sued, &c. Dt. Nicholson
Prom, Hindman and H.
Ca. W. C. Humphries Goodman and W. Parker
Proms. Reed Beddome and W. Steele
Proms. I. Taylor
Ca, Bicknell and B.
Ejt. S. Pile
Common Pleas. Lowless and Son Mantzgue
S. J. St. Katherine Dock Co. Trov. Oliverson, Lavie & Baxendale aud Co. Carne
S. J. Bryant
[Co. H. Ashley
Trov. Newbon and E.
Gt. Western Railway Co. Dt. Maples and Co.
Prom. Lane and P. Finch
S. J. Barker and others Prom. Stevens and Co. C. Fiddey
S. J. Egerton and others Ca. Smith and T.
Ca. Hindman and H.
S. J. Kingsford, sen., and others Trov. Wright and Co. Minet and Smith Mauger and another S. J. Brightman and others Prom. Lane and P. [Co. Pontifex and M. Gaskell
S. J. Gambier
Prom. Oliverson, Lapie & Oliverson, Larie & Co. Bayley
Prom. R. Ellis
Venning and Co. A. Haynes Mahony (otherwise Kelly) Justice
Dt. Marten and Co.
'J. W. Cole
Prom. Elmslie and Co. Lawrance and P.
Prom, Dawes and Sons Kingdon and S. James
Prom. G. N. Giles
Wright and Co.
Nisi Prius Cause Lists-London.
Prom. Young, V. and Co. R. Forn
Prom, In Person
Dt. Nicholson and P. Ferrell
Prom, Sutton and Co.
Prom. Roberts Vallance and B. Vallance and another Duke of Brunswick Dt. Warneford 0. Gray
Dt. Van Sandau and Co. Borradaile
S. J. Gell
Dt. Dyne and Co.
Tres. Hill and Co.
Collard and another, ex-
Wilkins and M. Wire and Child Tibaldi
S. J. Wanless
Ca. James Taylor
Dt. H. W. Cross
Pettendreigh and Co. Lofty, Potter, and Son Smart
S. J. Allison
Prom. Tilson and Co.
SH. B. Roberts
Dt. Elmslie and Co.
Prom. Hensman Lofty, Potter, and Son Bathyany
Ca. Coverdale and L. Bush and Mullins Cartwright
Littlejohns, sued, &c. Lindsay and M. J. T, and H. Baddeleys Gobey
Dt. In person
Prom. Abrahams and M. Surr and Gribble Surr
Savery and another Prom. W. Harris
S. J. Chapman
Prom. W. W. & R. Wren
Ca. F. J. Manning
Prom. C. V. Lewis
Jay and Pilgrim
Prom. Goddard and E. Vandercom and Co. Cleave
Prom. Yates and Turner. W. Smith
Tres. G. Rutherford Hoppe and Boyle Richards
Davies and another Prom. C. A. Chaplin W. H. Green Potter Norris
Prom, J. L., Beetholme
Prom. Van Sandau & Co.
Erchequer. Rickards and W. Elliott
S. J. Moore
Pro. Langley and G. Dampier
Pro. Elmslie and P. Baxendale and Co. Dawson
Pro. Ashurst Oliverson, Lavie & Co. Oliverson and another S.J. Sunly
Pro. Walton Desborough and Y. Foakes
S. J. Pilkington
Pro, H. W. Bull Fisher and De J. M‘Gregor
Pro. H. Jackson
Pro. Bartholomew Crosby and Co. Cohen
S.J. Williams, Bart.
Pro. N. Giles
Dt. Bell and Co.
S. J. Black
Pro. Hindman and N. R. Ellis
Bailey and others S. J. Mangles and others Pro. Young and Co. [Co. R. Hodgson
Benson and another S.J. Anderson and others Pro. Oliverson, Lavie and Burgoyne and Co. Collett
S. J. Richardson
Issue, Cotterill Van Sandau and Co. Brooke
Sci. fa. Stone and T. Maples and Co. Dickson and others S.J. Mangles and others Pro. Young. V. and Co. Tatham and Co. Muter
Dt. & Dtnue. Cox & Co. Rowland and Co. Chilton, jun.
London and Croydon Rail
way Co, and another Tres. Burchell and Co. In person Gresham Polhill and others Dt. Hodgson and Bishop
40 Nisi Prius Cause Lists—Common Law Sittings.- Proceedings in Parliament.
S. J. The Eastern Counties Rail-
Dt. L. Breton
Pro. Venning and N.
Pro. Clarke and Co. Tatham and Co.
S. J. Gould and another Pro. Bischoff and C. Wilkinson and R. Scott
Pro. Galsworthy and Co. Crowder and M. Gibb
S, J. Marshall
Pro. Wilde and Co.
Pro. Morris and Co. Bloxham and E. Williams
Pro. Chester and Co. Same Falk and another Same
Dt. Same Tilson and Co.
S. J. Berkbeck and another Pro. Meggison and Co.
Pro. Van Sandau and Co.
Moore and another Dt. Hughes
Dt. Willoughby and J. Goddard and E. M.Kenzie
Dt. Gregory and Co.
Pro. T. D. Taylor
Pro. Venning and N.
Dt. W. H. Turner
Dt. Austen and H.
Dt. Capes and s.
Dt. Webb and Co.
Dt. Chester and Co.
Dt. H. R. Hill [Co. J. Bell
Pro. Oliverson, Lavie and
Baxendale and others Ca. Tatham and Co.
Ca. Thomas and Son
Pro. Dyne and Son
Dt. Wilkinson and C.
Dt. Beetham and F.
COMMON LAW SITTINGS.
Threatening Letters. For 2nd reading.
House of Commons.
NEW BILLS IN PROGRESS.
City Small Debts Court. In Committee.
Law of Railways. For 2nd reading. Mr. Thursday
Pious and Charitable Property. For 2nd Wednesday 15 Adjt. Day, Com. Juries.
reading. Lord J. Manners. The Court will Sit at 10 o'clock.
For the Speedy Trial and Punishment of
Lunatic Asylums Regulation. Att.-General.
Inclosure Act Amendment. Sir F. Thesiger. House of Lords.
Health of Towns. For 2nd reading. Lord
Towns Improvement Clauses. For 2nd
reading. Mr. Hume. Repeal of Insolvency Jurisdiction of Courts Registration of Voters. For 2nd reading. of Bankruptcy, Abolishing Court of Review, Mr. Walpole. and Reducing Number of Commissioners. Highways. In Select m. Sir Geo. Grey. (No. 2.) In Select Committee. Lord Administration of the Poor Laws. For and Brougham.
reading. Sir Geo. Grey.