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THE

LAW JOURNAL REPORTS

FOR

THE YEAR 1877 :

COMPRISING

REPORTS OF CASES
In the House of Lords and in the Priby Council,

IN

The Court of Appeal, the Court for Crown Cases Reserved,

and the Court of Bankruptcy ;

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Chancery, Queen's Bench, Common Pleas, Erchequer,

Probate, Divorce and Admiralty, Divisions ;

AND

The Appellate Divisional Court and other Divisional Courts.

MICHAELMAS, 1876, TO TRINITY, 1877.

(BOTH INCLUSIVE.)

The Appellate Cases, in the House of Lords, and in the Court of Appeal, are with the Reports of Cases
in the Divisions and Courts from which the Appeals respectively come. These Cases form four distinct
Volumes, having separate Indexes of Subjects and Tables of Cases ; viz., the Chancery Volume, the
Bankruptcy Volume, the Bench, Pleas and Exchequer Volume, and the Probate, Divorce and Admiralty
Volume.

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 A DISTINCT VOLUME OF REPORTS, viz. THE MAGISTRATES' Cases.

THE PRIVY COUNCIL CASES HAVE THEIR OWN INDEX AND TABLE OF CASES, AND FORM A

DISTINCT VOLUME OF REPORTS.

THE REPORTS ARE EDITED BY
MONTAGU CHAMBERS, Esq., ONE OF HER MAJESTY'S COUNSEL,

FRANCIS TOWERS STREETEN, Esq.,

AND

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

QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER, VOL. XLVI.

LONDON:
PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARR.
PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLXXVII.

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CASES

ARGUED AND DETERMINED

IN THE

Queen's Bench, Common Pleas & Erchequer Divisions

AND IN THE

Appellate Divisional Court & other Divisional Courts

OF THE

HIGH COURT OF JUSTICE,

REPORTED BY

J. H. ETHERINGTON SMITH AND RICHARD HOLMDEN AMPHLETT

- Queen's Bench, WILLIAM PATERSON AND GILBERT GEORGE KENNEDY-Common Pleas;

JOHN ROSE AND W. DECIMUS I. FOULKES– Exchequer,

BARRISTERS-AT-LAW;

AND ON APPEAL FROM THOSE DIVISIONS AND COURTS

IN

Her Majesty's Court of Appeal,

REPORTED BY

A. KIRKMAN LOYD, WILLIAM ROBERT COLLYER AND ALFRED B.

KEMPE, BARRISTERS-AT-LAW,

alop The House of Lords,

AND IN

REPORTED BY

JOHN BATTEN AND L. G. GORDON ROBBINS,

BARRISTERS-AT-LAW.

MICHAELMAS, 1876, 70 MICHAELMAS, 1877.

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CROM V. SAMUEL.

[IN THE COMMON PLEAS DIVISION.] Murphy, for the plaintiff, took a pre1876.

liminary objection that the defendant Nov. 4.

ought under Ord. LIV. r. 6 (1) of the

Judicature Act, 1873, to have appealed Practice-Time for Appeal from Judge within eight days after the decision of at Chambers-Intervening Vacation-Judi- the Judge at chambers. cature Act, 1875, Ord. LIV. r. 6; Ord. Lanyon, for the defendant, in support LVII. r. 6.

of the appeal. - The learned Judge's

order was made in the Long Vacation, Order LIV. r. 6 of the Judicature Act,

and there was no Divisional Court sit1875, which enacts that an appeal to the

ting to which the defendant could have Court from a decision at chambers shall be appealed within eight days after the made within eight days, is peremptory, order. . The only Divisional Court sitand there is no appeal after the expiration ting would be the Vacation Court, apof such time, unless the Court under Ord.

pointed under section 28 of the Judi. LVII. r. 6, enlarge the time.

cature Act, 1873, which only sits to

take business of an urgent nature (Ord. This was an appeal from chambers.

LXI. rr. 5, 6). The Vacation Court will The action was under the Bills of Ex

only take business of which notice has change Act, and an order had been made

been given, and besides, such Court by the Master to set aside the judgment, would be composed of the Judge who which had been signed for default of ap- made the order and one other, and would pearance, and to stay execution. Huddle.

not therefore be a Court to which the deston, B., sitting at chambers, had, on the

fendant could appeal. (See section 4 of 29th of August, made an order rescinding the Master's order. The defendant (1) Ord. LIV. r. 6.—“In the Queen's Bench,

Common Pleas and Exchequer Divisions, every now appealed against the learned Judge's

appeal to the Court from any decision of chamorder, on the ground that the defendant

bers shall be by motion, and shall be made within had never been served with the writ.

eight days after the decision appealed against.” VOL. 46.-Q.B., C.P. & Exch.

B

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