1. A., a complainant in Chancery, employed B. as his solicitor, during whose employment an irregular order to dismiss the bill on a certain day, unless publication passed, was obtained; before that day arrived, C. was appointed the solicitor of A., and the bill having been dismissed because no step was taken by C., an action was commenced against him for negligence, which was held to be maintainable, because he should have conformed with the order, or should, within the time, have moved to vacate it. Frankland v. Cole,

590

taxation, observing that, if taxable, it would be better taxed in Chancery: -Quare, whether a bill for business done in lunacy is taxable. Jones v. Byewater, 371

3. Semble, that the drawing and engrossing a warrant of attorney, is a taxable item. James v. Child, 678

4. In an action on an attorney's bill, against two:-Held, that a Baron at Chambers might, in his discretion, on the application of a defendant, order the bill to be taxed, without such defendant giving the undertaking to pay the amount. Watson v. Postan,

370

5. An attorney having transacted common law, as well as conveyancing and other business not taxable, delivered a bill for all the common law business, which his client examined and admitted to be correct, and on application for payment, directed the attorney to borrow for him a sum of money, which was accordingly done, and credit given to him in account for that amount; subsequently, on failing to obtain payment of any part of his charges for conveyancing, the attorney brought an action for the residue of his demand:-Held, that he had no right to separate the common law and conveyancing bills, and to appropriate the sum credited in discharge of the former; and, therefore, that he could not sustain an action, without delivering a signed bill, pursuant to the statute. James v. Child,

ATTORNMENT. See EJECTMENT.

AUCTION. See EVIDENCE.

AWARD.

See ARBITRATION.

678

BAIL.

I. To the Sheriff.

(1) Affidavit to hold to Bail.
See AFFIDAVIT.

(2) Deposit of Money with Sheriff.

Where money was deposited in Court in lieu of putting in and perfecting bail above, pursuant to statute 7 & 8 Geo. 4, c. 71, and the plaintiff obtained a verdict:-Held, that he was not at liberty to issue execution for the whole sum recovered, but was bound to take the sum deposited out of Court, and to limit his execution to the surplus only. Hews v. Pike, 359

A coachmaker, who was tenant from year to year of certain premises, and had several coaches on hire, became bankrupt, and his assignees entered upon the premises to keep the coaches in repair in pursuance of the bankrupt's contracts; in August, the bankrupt's effects were sold and the key of the premises delivered to the bankrupt, but the assignees paid the rent up to the Michaelmas following. In an action by the landlord for a quarter's rent due the Christmas folfollowing:-Held, that the assignees were liable. Ansell v. Robson, 610

(2) Actions by and against.

The depositions are conclusive evidence under the 92d section of

Where a bill of exchange, drawn with the words " pay to my order in London," in the body of the bill, and directed to the drawees "payable in London," was accepted at Messrs. J., L., & Co., bankers, London :— Held, that a presentment at J., L., & Co.'s, was necessary to charge the drawer; and that the circumstance of the drawee having negotiated it after such acceptance, made no difference. Gibb v. Mather and Others, 254

(2) Actions on.

After a bill of exchange became due, and whilst it was in London, where it had been sent for presentment for payment, the person who indorsed it to the plaintiff came to him with another bill for the same amount, and prevailed on him to take it for and on account of and in renewal of the first bill. Before the second bill became due, and without delivering it back, the plaintiff brought an action on the first bill against the acceptor :-Held, that he could not recover even the expenses of noting and postages. Kendrick v. Lomax.

405

BISHOP.

See ECCLESIASTICAL LAW.

BOND.

When Discharged.

Debt, on a common money bond, by executor of obligee against executor of obligor. Plea-that the money mentioned in the condition was part of the personal estate of A. B., deceased, by whom it had been bequeathed to the testator of the plaintiff and the testator of the defendant, and the survivor of them, and the executors and administrators of such survivor, upon trust to put and place the same out at interest, upon such real or other sufficient security as they might approve of, and to pay the interest, &c., &c.; that the testator of the plaintiff died, leaving the testator of the defendant surviving; whereupon the said personal estate of A. B. vested in the defendant's testator, to be by him and his executors and administrators applied according to the trusts of the will of A. B. -Held, on general demurrer, that the plea was bad. Gleadow and Others, Executors of Gleadow, v. Atkin and Another, Executors of Atkin, 548

BRIBERY.

See PARLIAMENT.

CANAL.

See NUISANCE.

CHARITABLE USES.

A trust to apply certain funds" towards the repairs of the church of W.; the payment of the 15th, and the relief of the poor; buying of armour; and setting forth soldiers, and repairing Sawbridge-bridge, within the parish of W," is of a public nature, and

Plaintiff, who was the grandson of the deceased tenant of a farm, remained in possession after his grandfather's death. A bargain was made between plaintiff' and M., an in-coming tenant, who had agreed to take the farm from the landlord, by which bargain M. was to give the plaintiff 301. for the crops, manure, &c., to be secured by the promissory note of M., and a surety, which note was to be held by D., and was to be by D. attested and handed over to plaintiff, if plaintiff' delivered up the possession of the lands on the next morning, but he was to remain in possession of the house for a few weeks, at a rent of 1s. a-week, to be paid to M. The note was accordingly drawn with a

clause of attestation, and was signed by M. and his surety, and handed to Ď. The next morning, upon M. and D. requesting plaintiff to give up the possession, he refused to give up the place; but there was evidence that, on that day, M.'s cattle were on the lands, and that plaintiff's were not. Plaintiff kept possession of the house for three weeks, when he was turned out by a constable. The note was never attested, and it was not proved how the plaintiff got it into his possession:-Held, in an action. by the plaintiff against the makers of the note, that a jury were warranted in saying that the bargain had been complied with on the part of the plaintiff. Evans v. Morgan, 453

V. After Trial.

165