The Court of Exchequer Chamber

ON APPEAL FROM THE COURT OF COMMON PLEAS,

WITH TABLES OF THE NAMES OF THE CASES REPORTED AND CITED,

AND AN INDEX OF THE CONTENTS.

BY

OCTAVIAN B. C. HARRISON, OF THE INNER TEMPLE,

AND

HENRY RUTHERFURD, OF THE MIDDLE TEMPLE,

ESQUIRES, BARRISTERS AT LAW.

This Volume contains the Cases determined during MICHAELMAS TERM and

Vacation, 1865, HILARY TERM and Vacation, EASTER TERM and

Vacation, and TRINITY TERM and Vacation, 1866, and is in

continuation of the regular Series of Reports in the Court.

XXIX VICTORIA.

LONDON:

H. SWEET; MAXWELL & SON; STEVENS & SONS; AND BUTTERWORTHS;

Law Booksellers and Publishers :

HODGES, SMITH & CO., GRAFTON STREET, DUBLIN.

LELA

RARY OF THE

STAM ORD JR. CAME

a.555-95

JUL 10 1901

LIBRARY OF THE

LELAND STEOSA, OR, UNIVERSITY

THESE Reports were established on the cessation, in Trinity Vacation, 1865, of the New Series of the Common Bench Reports by Mr. Scott, and comprise the cases decided in Michaelmas Term, 1865, Hilary Term, Easter Term and Trinity Term, 1866, including the sittings in Banc after each. They were published in Parts, upon each of which appeared the following notice, with the sanction of the Court:

The present Reports are in uniformity with those by Messrs. Best and Smith in the Queen's Bench and Messrs. Hurlstone and Coltman in the Exchequer. The Judges of this Court, while declining to take part with any set of Reports exclusively, have expressed their approbation of Messrs. Harrison & Rutherfurd as reporters, and have kindly promised to give them the usual facilities for obtaining the written judgments and papers essential for correctly reporting cases.

JUDGES

OF

THE COURT OF COMMON

PLEAS

DURING THE PERIOD COMPRISED IN THIS VOLUME.

The Right Hon. Sir WILLIAM ERLE, Knt., C. J.
Sir JAMES SHAW WILLES, Knt.

Sir JOHN BARNARD BYLES, Knt.
Sir HENRY SINGER KEATING, Knt.
Sir MONTAGUE EDWARD SMITH, Knt.

ATTORNEYS GENERAL.

Sir ROUNDELL PALMER, Knt.

Sir HUGH MACCALMONT CAIRNS, Knt.

SOLICITORS GENERAL.

Sir ROBERT PORRETT COLLIER, Knt.

Sir WILLIAM BOVILL, Knt.