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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

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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
the said C. D. for his damages which he had sustained, as well on occa-
sion of the not performing certain promises and undertakings then lately
made by the said C. D. to the said A. B., as for his costs and charges by
him about his suit in that behalf expended, whereof the said C. D. is
convicted, as appears to us of record, and which judgment 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 -, one of the Justices of our
said court before us at Westminster, as the case may be], in pursuance of
the statute in such case made and provided, and the costs attendant upon
the application for the said order, and upon the said removal, were, on
the
day of ―, in the year of our Lord- —, taxed and allowed by
our said court before us at Westminster at the sum of £-. And we
further command you that of the said goods and chattels of the said
C. D. in your bailiwick you further cause to be made the said sum of
L (a), together with interest on the said two several sums of £—
and £, at the rate of £4 per centum per annum, from the said
day of
in the year of our Lord (b); and that you have that
money, with such interest as aforesaid, before us at Westminster, imme-
diately after the execution hereof, to be rendered to the said A. B. for
his damages aforesaid, 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

(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
of £. And we further command you, that of the said goods and
chattels of the said C. D. in your bailiwick you further cause to be made
the said sum of £-
sums of £

(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
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 also £- for the costs of the said rule by the said court also
ordered to be paid by the said C. D. to the said A. B., which said rule
was afterwards, on the
day of
in the year of our Lord.
removed into our court before us at Westminster, by an order of our
said court before us at Westminster, [or of —, one of the Justices of
our said court before us at Westminster, as the case may be], in pursuance
of the statute in such 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

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taxed and allowed by our said court before us at Westminster at the sum
of £. And we further command you, that of the said goods and
chattels of the said C. D. in your bailiwick you further cause to be
made the said sum of £- (a), together with the interest on the said
three several sums of £- and £, and £- at the rate of £4
per centum per annum,
from the said day of ―, in the year of our
Lord (b), and that you have that money, with such interest as afore-
said, before us at Westminster immediately after the execution hereof,
to be rendered to the said A. B. for the 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

DENMAN.

N. C. TINDAL.
ABINGER.

J. LITTLEDALE.

J. VAUGHAN.

J. PARKE.

day

E. H. ALDerson.
J. PATTESON.

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.

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II. Rights of agent.

After change of circumstances, 607.
Post, III. 2.

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.

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