THE

LAW JOURNAL REPORTS

FOR

THE YEAR 1866:

COMPRISING

REPORTS OF CASES

In the House of Lords, En the Privy Council,

IN THE COURTS OF

Chancery and Appeal in Bankruptcy, Probate,
Divorce and Matrimonial Causes, Admiralty, Ecclesiastical,
Queen's Bench and the Bail Court,

Common Pleas, Exchequer, Exchequer Chamber, and
Crown Cases Reserved.

FROM

MICHAELMAS TERM, 1865, TO TRINITY TERM, 1866,

BOTH INCLUSIVE.

The House of Lords Cases are given in the Chancery and Common Law Courts respectively: Decisions
in Error and on Appeal in the Exchequer Chamber will be found in the respective Courts from which
the Errors and Appeals come; the Common Pleas includes the Appeals from Revising Barristers; and the
County Court Appeals are in the Queen's Bench, Common Pleas, and Exchequer respectively.

THESE CASES FORM PARTS I. AND II. OF THE WORK.

THE CASES RELATING TO THE POOR LAWS, THE CRIMINAL LAW AND OTHER SUBJECTS CHIEFLY
CONNECTED WITH THE DUTIES AND OFFICE OF MAGISTRATES, ARE
SEPARATELY ARRANGED, AND FORM PART III. OF THE WORK.

THE DECISIONS IN THE PRIVY COUNCIL, THE PROBATE COURT, THE DIVORCE AND
MATRIMONIAL CAUSES COURT, THE ECCLESIASTICAL COURT, AND THE
HIGH COURT OF ADMIRALTY, WITH THE CASES DECIDED ON APPEAL
FROM THOSE COURTS, ARE SEPARATELY ARRANGED,

AND FORM PARTS IV., V., VI. AND VII. OF THE WORK.

EDITED BY

MONTAGU CHAMBERS, ESQ. ONE OF HER MAJESTY'S COUNSEL,
FRANCIS TOWERS STREETEN, Esq.

AND

FREDERICK HOARE COLT, ESQ. BARRISTERS-AT-LAW.

VOL. XLIV.

NEW SERIES-VOL. XXXV.
PART II. CASES AT COMMON LAW.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.

PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLXVI.

CASES

ARGUED AND DETERMINED

IN THE

Court of Queen's Bench,

AND IN THE

Exchequer Chamber

ON ERROR AND ON APPEAL FROM THE QUEEN'S BENCH,

REPORTED BY

ROBERT SAWYER, ESQ. AND ARTHUR PAUL STONE, Esq.

BARRISTERS-AT-LAW,

AND ON APPEAL TO

The House of Lords,

REPORTED BY

WILLIAM WARREN STREETEN, ESQ. BARRISTER-AT-Law.

RULES OF COURT

FOR

Regulating the Procedure and Practice in Suits by English Information.

The Right Honourable Sir FREDERICK POLLOCK, Knight, Lord Chief Baron of Her Majesty's Court of Exchequer, and Sir SAMUEL MARTIN, Knight, Sir GEORGE WILLIAM WILSHERE BRAMWELL, Knight, Sir WILLIAM FRY CHANNELL, Knight, and Sir GILLERY PIGOTT, Knight, Barons of the same Court, do hereby, in pursuance and execution of the power given them by "The Crown Suits, &c. Act, 1865," and of every or any other power or authority enabling them in this behalf, order and direct in manner following.

ABSTRACT OF THE RULES.

1.-Printing of Informations, page 2.

2.-Service of Copy of Information and Appearance, 2.

3.-Amendment of Informations, 3.

4.-Interrogatories, 4.

5.-Times allowed in Procedure, 4.

6.-Printing of Answers, 5.

7.-Taking Informations Pro Confesso, 7.

8.-Traversing Note, 8.

9.-Replication and Joining Issue, 9.

10.-Evidence, 9.

11.-Setting down for Hearing, 11.

12. Decrees, Rules, and Orders, 12.

13.-Revivor and Supplement, 12.

14.-Written Pleadings, &c.. 13.

15.-Computations of Time, 13.

16.-Payment of Money into Court, 13.

17.-Recognizances, 13.

18.-Issuing Writs, 13.

19.-Distringas, 13.

20.-Power of Court as to Time, 14.

21.-Costs, 14.

Subpæna for Costs, 14,

22.-Appointments, 14.

23.-Commencement of Rules, 14.

24.-Interpretation, 14.

Schedule, 17.

NEW SERIES, 35.-COM. LAW (EXCHEQ.)

A