1839. together with such interest as aforesaid, before us at Westminster, immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B. and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorised and required to do in this behalf. And in what manner you shall have executed this our writ make appear to us at Westminster, immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the day Writ of fieri. facias on a judgment of an inferior court in an action of assumpsit, removed into the Court of Q. B. No. X. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the sheriff of greeting. We command you that of the goods and chattels of C. D. in your bailiwick you cause to be made £- which A. B. lately in [insert the style of the court], by the judgment of the said court, recovered against (a) The costs attendant upon the removal of the judgment out of the inferior court into the Court of Q. B. (b) The day on which the costs of removal were taxed. Westminster, Westminster, immediately after the execution thereof, and have there then this writ. 1839. Witness, Thomas Lord Denman, at Westminster, on the of ——————, in the year of our Lord day No. XI. facias on an order for pay ment of money made in an inferior court, and removed into the Court of Q. B. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain Writ of fieri and Ireland Queen, Defender of the Faith, to the sheriff of - -, greeting. We command you, that of the goods and chattels of C. D. in your bailiwick you cause to be made £, which lately in [insert the style of the court], by a rule of the said court, entitled &c. [as the case may be], were by the said court ordered to be paid by the said C. D. to A. B., and which rule was afterwards, on the-day of, in the year of our Lord removed into our court before us at Westminster, by virtue of an order of our said court before us at Westminster [or of — our said court before us at Westminster, as the case may be], in pursuance of the statute in that case made and provided, and the costs attendant upon the application for the said last-mentioned order and upon the said removal were, on the day of—in the year of our Lord one of the Justices of taxed and allowed by our said court before us at Westminster at the sum (a), together with interest on the said two several and £, at the rate of £4 per centum per annum, from the said day of (b), and that you have that money, with such interest as aforesaid, before us at Westminster, immediately after the execution hereof, to be rendered to the said A. B. for the said monies by the said rule first above mentioned ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorised and required to do in this behalf. And in what manner you shall have executed this our writ make appear to us at Westminster, immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the of ——, in the year of our Lord day No. XII. VICTORIA, by the Grace of God, of the United Kingdom of Great Writ of fieri Britain and Ireland Queen, Defender of the Faith, to the sheriff of (a) The costs of removing the rule of the inferior court into the Court of Q. B. (b) The day on which the costs of removing the rule of the inferior court into the Court of Q. B. were taxed. facias on an greeting. 1839. order for payment of money and costs made in an inferior court and re moved into the Court of Q. B. greeting. We command you that of the goods and chattels of C. D. in taxed and allowed by our said court before us at Westminster at the sum Witness, Thomas Lord Denman, at Westminster, on the DENMAN. N. C. TINDAL. J. LITTLEDALE. J. VAUGHAN. J. PARKE. day E. H. ALDerson. J. GURNEY. J. WILLIAMS. J. T. COLERridge, T. COLTMAN. T. ERSKINE. J. B. BOSANQUET. (a) The costs of removing the rule from the inferior court into the Court of Q. B. (b) The day on which the costs of removing the rule from the inferior court into the Court of Q. B. were taxed. END OF HILARY VACATION. II. Rights of agent. After change of circumstances, 607. III. Liability to principal. 1. When a disqualifying interest, 487. Evidence, II. 3. 2. After remittance to account as desired in the usual course. Plaintiff, by letter, desired his agent to receive a sum of money for him, and, after making certain payments, transmit the surplus through the house of defendants, a mercantile firm in London, to be placed to the plaintiff's credit at Calcutta. The agent paid in the surplus, 419., at defendants' house, shewing them plaintiff's letter. Defendants received the sum on plaintiff's account, entered it in their books to the account of C. and Co., their correspondents at Calcutta, and wrote to C. and Co., informing them that they had so done, and desiring that C. and Co. would account with plaintiff, at the rate of so much per rupee. Defendants charged one per cent. com APPEAL, I. IV. Liability of agent to third persons. 1. When a disqualifying interest, 314. Shipping, I. 1. 2. Instructing an attorney to commence proceedings, 314. Shipping, I. 1. 3. After an appropriation or assignment of funds in his hands, 575. Bankrupt, I. 1. V. Bankruptcy of principal. What authorities, &c. not revoked, 375. Bankrupt, I. 1. AGREEMENT. I. By single partner in name of firm, when evidence of a several contract, 314. Shipping, I. 1. II. Stamp required when it operates as two agreements, 314. Shipping, I. 1. III. Construction as to forfeiture, 508. Vendor, I. 1. IV. See also Contract. ALIEN. Lease to alien artificer, 857. Landlord and Tenant, I. 7. ALNWICK. Charters, 444. Poor, VI. 3. ALTERATION. mission. Before the letter from de- Of document, 926. Interlineation, I. fendants arrived at Calcutta, C. and Co. stopped payment. Defendants, after placing the 419/. to account, paid bills drawn on them by C. and Co., to a much larger amount; but it did not appear whether or not the general balance between the two houses was altered by such payments: On assumpsit brought against the defendants for money had and received, and plea, as to the 419., that defendants had remitted it as desired, Held, that defendants were not liable, having done all that plaintiff required of them, and they contracted to do, for the purpose of remitting the 419.; and having bound themselves to credit C. and Co. in that amount, if that house did not reject the transaction. M'Carthy v. Colvin, 607. |