COMMUNICATION (PRIVI- CONCEALMENT OF BIRTH. A woman who was delivered of a child, which died soon after its birth, concurred with her paramour in endeavouring to conceal the birth, and he, in consequence of her persuasion, she remaining in bed, took the body and buried it in a field, intending thereby to conceal the birth:-Held, that she could be convicted of endeavouring to conceal the birth, under the stat. 9 Geo. 4, c. 31, s. 14, and he of counselling, aiding, and abetting her in the offence, under sect. 31 of the same statute. Reg. v. Bird, 817 CONFESSION. See BIGAMY, 2. 1. A. was indicted for stealing a shilling which had been previously marked and put into a till. A constable found the shilling in his possession, and asked him if he had any more money of Mr. S.'s about him. The prisoner produced some halfcrowns, and then made a statement: Held, that this statement was not receivable in evidence, on the ground that it related to another and distinct felony. Reg. v. Butler, 221 2. A married woman was apprehended on a charge of felony, and her husband, in the presence of the constable, held out an inducement to her to confess. She then made a statement:-Held, that it was not receivable in evidence, as an inducement held out in the presence of the constable was the same in effect as if it had been held out by him. Reg. v. Laugher, 225 3. Where stolen goods are found in a man's house, and his wife in his presence makes a statement exonerating him and criminating herself; semble, that, with respect to the admissibility of this statement in evidence against her, it may be a question whether the doctrine of presumed coercion does not apply. Ibid. 4. A statement made by a prisoner before suspicion attaches to him, and before search made, in order to account for his possession of property, which he is afterwards charged with dence for him. Reg. v. Abraham, 550 having stolen, is admissible as evi 5. Semble, that, before a statement made by a prisoner in the presence of and duly signed by, the committing magistrate, can be received in evidence against him, proof must be given that he was cautioned in the manner provided by the 11 & 12 Vict. c. 42, s. 18, dehors any declaration to that effect, contained in the caption of the statement itself. Reg. v. Higson, 769 6. In order to exclude evidence of a prisoner's confession, it must appear affirmatively that some inducement to confess was held out to him, by or in the presence of some one having authority. Reg. v. Garner, 920 7. In such a case it does not turn may on what have been the precise words used, but in each case it is for the judge to consider, before he receives or rejects the evidence, whether the words used were such as to convey to the mind of the addressperson ed an intimation that it will be better for him to confess that he committed the crime, or worse for him if he does not. Ibid. 8. If a confession be received in evidence, it not appearing that any inducement had been held out, but, at a later period of the trial, it appear that such an inducement was held out before the making of the confession as would render it inadmissible, the judge will strike the evidence of the confession out of his notes, and, if there be no other evidence, direct an acquittal. Ibid. CONTRACT. 1. An auctioneer entered into an agreement on behalf of A. to sell certain premises to B., without having communicated to A. that B. was in treaty for such premises. A. had himself previously sold the premises to another party, and therefore could not fulfil the contract so made with B.; whereupon B. sued A. for non-fulfilment of his contract:-Held, that, under these circumstances, B. was not entitled to recover damages for the loss of his bargain. Tyrer v. King, 149 2. If a broker enter into a contract for an undisclosed principal, the latter may sue on such contract in his own name; and a rule of the Exchange, on which the contract was made, which declares that a contract made by a broker for an undisclosed principal, shall be regarded as the contract of the broker only, does not control this right, even although the principal was cognisant of such rule. Humphrey v. Lucas, 152 3. The plaintiffs declared on a contract by the defendants to purchase certain iron of the plaintiffs, alleging a promise by the defendants, "that, if the delivery of the said iron should not be required by the defendants on or before the 30th day of April, 1845, the said iron was to be paid for by the defendants on the day and year last aforesaid;" and averring that the plaintiffs had always been ready and willing to deliver the said iron in terms of the contract; that the 30th of April was past before the commencement of the suit; but that the defendants had not paid for the iron: Held, first, that, under the averment of readiness and willingness to deliver the iron, the plaintiffs were not bound to shew that any specific iron had been appropriated by them for that purpose; and, secondly, that the plaintiffs were entitled to recover on the above contract the full price of the iron, and not merely the damages which they had sustained by the defendants' breach of contract. Dunlop v. Grote, 153 4. 1st. An indorsement, written and signed after the agreement to which it was annexed, purported to guarantee the performance of the covenants and conditions of that agreement, but there was evidence to shew that the guarantee was from the first agreed on between the parties:-Held, that the agreement and subsequent indorsement formed but one entire contract, and that, therefore, the latter did not require a separate consideration. 2ndly. It being part of the agreement that the plaintiff should pay the first instalment of a certain sum on a given day :-Held, that a verbal agreement to postpone the day was sufficient. 3rdly. It being one of the covenants in the agreement that the landlord of a certain public-house would accept the plaintiff as tenant, the declaration alleged that the landlord had refused so to accept him:-Held, that the plaintiff was not required to prove that the individual who acted as the landlord was the real owner of the premises or his authorised agent. Coldham v. Showler, 261 5. In assumpsit for the price of, and the setting up of a "fourteen horse-power steam-engine," "the last instalment to be paid two months after its completion," it appeared that the degree of power in the engine delivered was not equal to the power mentioned in the contract, and improvements and alterations were made by the plaintiff from time to time till the action was brought:-Held, 1st, that common counts would lie; 2ndly, that are inserted in a contract, payment on delivery is not a condition precedent. Ibid. 10. Where a thing is to be done in a reasonable time, the reasonableness of the time is a question wholly for the jury. Ibid. CONVICTION (PROOF OF). See EVIDENCE, 9, 13. COPYRIGHT. 1. In an action for infringement of copyright in a foreign work, there was a contemporaneous publication abroad and in this country:-Held, that, notwithstanding, plaintiff was entitled to recover. Cocks v. Purday, 269 2. In an action for the infringement of copyright, by merely publish printed by others, knowledge of the copyright so infringed on must be proved. Leader v. Strange, the term "completion" did not applying a work, printed and caused to be to the mere making of improvements and alterations; 3rdly, that the degree of power of the engine was a material part of the contract. Parsons v. Saxter, 266 per 6. Where H. contracts to furnish R. with a reasonable quantity of work, at a fixed rate of wages, and R. is bound not to work for other any son or persons for a period of seven years:-Held, that there is a mutuality of contract implied, and that H. would be bound to furnish work for the whole period of seven years. Hartley v. Cummings, 433 7. In an action for work and labour, where there had been a breach of contract on the part of the plaintiff:-Held, that, under the common counts he could not recover a quantum meruit, nor prove that his breach of contract arose from the defendant's default. Kewley v. Stokes, 435 8. A letter, setting forth the terms of a contract contained in another letter between the same parties, is evidence to go to the jury of the original contract. Nelson v. Patrick, 641 9. Where the words, "terms, cash," CORN TRADE. See CUSTOM OF TRADE. CORPORATE TOWN. See TRIAL. CORPORATION. COSTS. See ASSAULT, 6. 1010 1. The stat. 43 Eliz. c. 6, s. 2, which authorises the judge to grant a certificate to deprive the plaintiff of costs, where less than 40s. damages are recovered, is still in force as to actions on promises, e. g. in actions for breach of promise of marriage. Townsend v. Sims, 381 2. After nonsuit in ejectment, where the defendant did not appear, a judge at Nisi Prius cannot certify for the costs of a witness for lessor of plaintiff, COUNTY PALATINE. Where the sheriff of the county palatine of Lancaster was sued in trover for goods alleged to have been wrongfully seized and sold under an execution; and the defence was, that the plaintiff claimed the goods by virtue of an assignment which was void as against creditors:-Held, that the sheriff could take advantage of this defence without, as in ordinary cases, shewing his authority by proof of the writ, and that proof of the mandate to him from the Chancellor of the county was sufficient for that purpose. Ogden v. Hesketh, COURT (COUNTY). COVERTURE. 772 1. In an action of debt for goods sold, in which the defendant pleads her coverture, and the plaintiff in his replication denies the coverture, and there be no other issue, the defendant must begin. Woodgate v. Potts, 457 2. On this issue the person who is alleged in the plea to be the husband of the defendant, is not a competent witness for the defendant to prove his marriage with her. Ibid. 3. On this issue, proof that the defendant and the person alleged in the plea to be her husband have cohabited together as husband and wife for four years, is some evidence of the marriage, which the judge will leave to the jury. Ibid. 4. On a plea of coverture, in order to prove the defendant's husband alive, a witness stated that he knew the handwriting of a person of the same name, and had corresponded with him, and had received a letter from him since the action, and that he knew that person to be the same person who was the husband of the defendant, as he had seen the marriage register of the defendant (of which he produced an examined copy), and the signature to it was of the handwriting of his correspondent:-Held, that this evidence was receivable, although the marriage register was not produced on the trial. Sayer v. Glossop, 694 5. In an action on a promissory note, in which the defendant pleads coverture, and the plaintiff takes issue on that plea, the defendant has the right to begin; although, as the note did not bear interest on the face of it, the plaintiff claimed interest in the shape of damages. Cannam v. Farmer, 746 6. On these pleadings it lies on the defendant affirmatively to prove the coverture; and if she does so, it is no answer to the defence, that, at the time of the making of the note, she represented herself to be a widow. Ibid. CROSS-EXAMINATION. See EVIDENCE, 29. 1. The mere fact of counsel, whilst cross-examining a witness, putting a document into the witness's hand, and asking him whether it is in his handwriting, does not entitle the opposite counsel to see such document. But CROWN CASES RESERVED. the opposite counsel has a right to see the document, before the cross-examining counsel proceeds to found any question on the document itself. Cope v. Thames Haven Dock Company, 757 2. On the trial of a prisoner, his counsel may ask a witness for the prosecution, whether he did not make a certain statement whilst under crossexamination before the magistrates, although the depositions contain no note of such cross-examination. Reg. v. Curtis, 763 3. Witnesses were examined before a magistrate on a charge of felony, and minutes of their evidence taken down; these minutes were sent to the office of the magistrate's clerk, and his clerk, Mr. T., drew up depositions from the minutes and from questions he asked the witnesses-Held, that, on crossexamination, a witness might be asked what he then said to Mr. T., without putting in the witness's deposition, although it was proved that what the witness then told Mr. T. was inserted in the witness's deposition, which was afterwards read over to the witness before the magistrate, in the prisoner's presence, and signed by the witness and by the magistrate, and returned to the judge. Reg. v. Christopher, 994 CROWN CASES RESERVED. 1. On a case reserved for the opinion of the judges, counsel can only argue the question stated in the case, upon the facts stated in the case, and cannot go beyond that; but if, in the statement of any such case, any material fact has been omitted, the counsel should, before the time of the argument, apply to the judge who tried the case, to have such fact inserted. Reg. v. Smith, 882 2. On a Crown case reserved, the judges will hear objections to the indictment, if they appear on the case stated. Reg. v. Webb, 933 3. Recorders of boroughs have power to reserve cases for the opinion of the CUSTOM OF TRADE. See EVIDENCE, 8, 33. 1. A custom of the Liverpool corn market, that, when corn is sold by sample, if the buyer does not, on the day the corn is sold, examine the bulk and reject it, he cannot afterwards reject it, or refuse to pay the whole price: -Held, to be a reasonable custom. Sanders v. Jameson, 557 2. A London stockbroker is a competent witness as to the course of business of London bankers. Adams v. Peters, 723 3. Evidence of the course of business and custom of London bankers, is admissible, to explain the authority meant to be given to a London banker by a power of attorney to sell stock, sent through a country banker. Ibid. |