COLLIERY.

See ECCLESIASTICAL LEASE.

MINES.

COLLUSION.

See ATTORNEY, II.

COMMON CARRIER. See RAILWAY COMPANY, I.

COMPENSATION.

See RAILWAY COMPANY, II.

CONDITION.

Of Re-entry, in a Lease. Where land is demised subject to a condition for re-entry on default in payment of the rent, the right of re-entry does not accrue until the rent has been duly demanded. Hill v. Kempshall, 975.

CONDITION PRECEDENT.

See ASSUMPSIt, 2.

CONTRACT.

Of sale, Construction of.

1. In assumpsit by the sellers against the buyers for the breach of two contracts for the shipment, at a foreign port, of two several quantities of rye-meal, the declaration stated, that, "after the making of the said contracts, and before the performance of them, or of any

2.

part thereof, it was agreed between the plaintiffs and the defendants that the said two contracts should be deemed and taken to be, and to operate as, one contract, and should be performed as if the same had been one contract for the amount of the said two quantities of meal:"-Held that this allegation was not sustained by proof that the buyers had sent out three vessels to receive the meal, the first of which was not of capacity sufficient to take on board the quantity mentioned in the first contract, and that they had received a separate bill of lading of the cargo brought home by that vessel, and accepted a bill drawn on them for the stipulated proportion of that particular cargo. Meniaeff v. Reade, 139.

The judge at the trial having refused to allow the declaration to be amended, by striking out the words, "or of any part thereof,"

the court, to whom the propriety of that refusal was referred, declined to interfere. Ib. 3. By two contracts, entered into at different times, the defendants engaged to ship at Cronstadt, for the plaintiffs, 250 tons and 350 tons respectively of rye-meal, each contract stipulating that the shipment should be made at the first open water, allowing a fair and reasonable time for the arrival out of the vessel and getting the goods down to Cronstadt; that payment should be made, one third at three months from the date of bill of

lading; but that, should the vessel not arrive in time for the goods to be shipped before the 30th of June, or the sellers not be able to procure a ship by that date, the sellers should draw for the re

CONVERSION.

See TROVER, II.

CONVEYANCE.

BAND AND WIFE.

COPITIS, 467.

COPYRIGHT.

See Hus

In Musical Compositions.

:

time had elapsed for getting the goods down to Cronstadt, ready and willing to buy and accept and pay for the meal, in manner and form as alleged; and that the plaintiffs had not performed the said contracts and promises in all things on their part to be performed, in manner and form as alleged Held, that the cir cumstance of the buyers' having sent out three vessels, neither of which was of capacity sufficient to take on board the quantity mentioned in either contract, and which arrived at the port of loading at different times, did not entitle the defendants to a verdict upon these two issues; but that the buyers were entitled to maintain an action against the sellers, although they had not sent out one vessel to receive the quantity mentioned in each contract. Reade v. Meniaeff, 152.

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One who adapts words to an old air, and procures a friend to compose an accompaniment thereto, acquires a copyright in both words and accompaniment; and his assignee, in declaring for an infringement, may describe himself as proprietor of the copyright in the whole composition. Leader v. Purday, 4.

Notice of Objections.] — In an action by A., for the infringement of copyright in a musical composition, consisting of an "air," which was old and not the subject of copyright, of "words," which were written by B., and of an "accompaniment," which was composed by C. at the request and for the benefit of B.:- Held, that it was not competent to the defendant, under a notice of objections stating merely that A. was not the owner of the copyright, and that there was no sub

some of the goods were delivered, or a portion of the work done,) within the jurisdiction of the court "within which the defendant dwells or carries on his business at the time of the action brought ?" Dodd v. Wigley, 106.

3. The affidavit to found a motion for a suggestion to deprive a plaintiff of costs, under the countycourts act, 9 & 10 Vict. c. 95. s. 129., must allege with certainty and precision, that the plaintiff did not, at the time of the commencement of the action, dwell more than twenty miles from the defendant. Johnson v. Ward, 868. 4. Upon a motion for a suggestion

under the 9 & 10 Vict. c. 95. s. 129., an affidavit by the defendant's attorney, stating the places of residence of the plaintiff and defendant upon information and belief only, is insufficient. Surridge v. Ellis, 1006.

5. And the court will not allow a second application upon amended materials. Ib. 1007.

III. Demand reduced by Set-off. 1. A defendant is not entitled to enter a suggestion to deprive a plaintiff of costs, under the 129th section of the county-courts act, 9 & 10 Vict. c. 95., where the debt or demand, originally exceeding 201., is reduced below that sum by a claim of set-off. Woodhams v. Newman, 651.

2. The words "on balance of account or otherwise," in s. 58.,

have reference to a debt reduced by payments, or a balance settled and ascertained before action brought, Ib.

3. A demand exceeding 201., and reduced by set-off to a sum not exceeding 20., is not within the jurisdiction of the county-courts created by 9 & 10 Vict. c. 95. Beswick v. Capper, 669.

IV. Costs on Verdict under 5l., in Tort.

Where, in an action of tort, the

plaintiff obtains a verdict for less than 5. under a writ of inquiry, he is entitled to his costs, although the sheriff has no power to certify, and although the action might have been brought in one of the new county-courts: dissentiente, Cresswell, J. Reed v. Shrubsole, 630.

And see REPLEVIN.

and between the parties," amongst other things-that the defendants should grant a lease of certain premises to the plaintiff, for twelve years, at a pepper-corn rent, for the purpose of the plaintiff's carrying on therein the manufacture of patent-fuel, that all the coals consumed and used by the plaintiff for the purpose of his manufacture during the term, should be bought and purchased of the defendants, provided the defendants could and should supply him with the quantity that should from time to time be required by him, or to such extent as the defendants could supply, and that the defendants should charge for the same a given price, and no more, and, further, that the defendants should not be compelled to supply more than 500 tons per week, and that, in case the defendants should, from some substantial cause, be unable to supply small coal to the extent agreed upon, they should give the plaintiff six months' notice of such their inability, and in such case the plaintiff should be at liberty to obtain his supply of coal, or the excess beyond the quantity the defendants could supply, from any other source:Held, that this instrument was properly declared upon as a covenant on the part of the defendants to supply the plaintiff with coal to the extent of 500 tons weekly, unless unable from some substantial cause. Ib.

of certain coal-mines, for a term of years, by indenture assigned the same to B. for the unexpired residue of his term, B. covenanting that he, his executors, &c., would, at all times during so long as he or they should be in possession or receipt of the rents, produce and profits of the premises, pay to the lessors the rents, galeages, and wayleaves reserved and made payable by the original lease, and observe and perform all other the covenants therein contained, and would at all times thereafter keep harmless and indemnified A., his heirs, &c., from and against the rents, covenants, &c., in the said lease, and from and against all actions, &c., for and in respect of the same covenants, or otherwise in relation thereto.

In covenant by A. against B. upon this indenture, the declaration assigned two breaches,-first, non-payment of the rents and galeages, &c., accruing whilst B. was in possession or receipt of the rents, produce, and profits of the premises, secondly, that B. had neglected to keep A. indemnified. Plea, to the whole declaration, -that, at the times when the said rents and galeages became due, B. was not in possession or receipt of the rents, produce, or profits by the indenture assigned, &c. :

Held, that the issue raised by this plea was an immaterial issue, inasmuch as the restrictive words,