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TABLE OF STATUTES.

13 Edw. 1, stat. 1, c. 45-Scire facias, 891.
34 & 35 Hen. 8, c. 20-Crown grant, 719.
8 & 9 Will. 3, c. 11-Assessing damages, 598.
29 Car. 2, c. 3, s. 17-Statute of frauds, 286.
2 Geo. 2, c. 23, s. 23-Taxation of costs, 678.
c. 24, s. 7-Bribery at elections, 147.

14 Geo. 2, c. 17-Judgment as in case of a nonsuit, 434.
17 Geo. 3, c. 50, s. 8—Auction duty, 187.

39 & 40 Geo. 3, c. 99, s. 6-Duty of pawnbroker, 794. 43 Geo. 3, c. 46, s. 2-Payment into court, 699.

s. 3-Costs, 687, 886.

48 Geo. 3, c. 123, s. 1-Discharge of prisoner, 893. 55 Geo. 3, c. 184-Stamps, 260, 733.

3 Geo. 4, c. 103, s. 7-Constables (Ireland), 1.

c. 117, s. 2-Stamps, 525.

6 Geo. 4, c. 16, s. 82-Bankrupt-protected payments, 813. 7 Geo. 4, c. 57, ss. 40, 42—Insolvent debtor, 770.

s. 51-Annuity surety, 194.

11 Geo. 4 & 1 Will. 4, c. 70, s. 4—Chamber practice, 141.

s. 29-Welsh fines, 355, 372.

1 Will. 4, c. 22-Examination of witness, 738.

c. 42, s. 2-Parish lands, 179.

c. 58, s. 6-Interpleader, 843.

2 Will. 4, c. 39, s. 12-Indorsement on process, 593.

3 & 4 Will. 4, c. 74, s. 15-Recovery, 719.

ss. 84, 85—Acknowledgment, 185, 898. 5 & 6 Will. 4, c. 10, s. 179-Croydon Railway act, 461. c. 83, s. 5—Patent, particular of objections, 587.

1 & 2 Vict. c. 45, s. 2-Interpleader rules, 843.

c. 110, ss. 3, 7-Discharge of prisoner, 739, 751, 752. s. 9-Attestation of warrant of attorney, 895.

IN THE HOUSE OF LORDS.

1 AND 2 VICTORIÆ.

WILLIAM MILLER Esq., and JOHN MALONE Appellants,

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and

The very Rev. E. D. H. KNOX

Respondent.

in the cause of

The very Rev. E. D.H. KNOX v. JOHN GAVAN and Others.

THIS was an appeal against an order of his majesty's

court of Exchequer in Ireland, made on Monday, the 1st

1838.

Tuesday, May 22nd.

The commisin, and charged

sioners named

with the exe

cution of a writ of rebellion, have a right, at their discretion, to require the assistance of any of the liege subjects of the crown to aid and assist in the execution of the writ.

Such persons have such right, upon reasonable apprehension of resistance to the execution of the writ, although no actual resistance has taken place.

Such persons have such right as against persons appointed and acting as constables in Ireland under the statute 3 Geo. 4, c. 103: and that notwithstanding a regulation made in the manner pointed out by that act, prohibiting them from interfering "in the execution of any writ, decree, or civil order, or in driving for rent, tithe, or taxes, unless called out by a magistrate, or the high or sub-sheriff in person," in which case they are to consider it their duty only to protect those persons in the execution of their office-"excepting in the execution of any process directed to them for levying the amount of any recognizance forfeited to his majesty, his heirs and successors, or of any fines imposed on any jurors, witnesses, parties, or persons at any assizes or commission of oyer and terminer, or gaol delivery, or session of the peace, in the county in and for which such constable shall be appointed pursuant to the statute 3 Geo. 4, c. 103, s. 7;" and directing that constables shall not be employed in revenue duty, unless when specially ordered.

If a stranger to the proceedings in the cause, but liable to be called upon to assist in the execution of a writ of rebellion, be regularly called upon to render such assistance, and decline so to do, the court out of which such writ issued may commit such person as guilty of a contempt of such court.

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1838.

MILLER

v.

KNOX.

Bill filed in the court of Exchequer in Ireland.

Appearance of defendants.

February, 1836, whereby the said court disallowed the cause shewn by the appellant John Malone, and made absolute a certain conditional order of the 11th January last, and ordered that an attachment should be awarded against him for his contempt stated in the affidavit of Robert Dudley, in refusing to aid and assist the said Robert Dudley, one of the commissioners named in the commission of rebellion in the above-named cause; and that an attachment should also be awarded against the appellant William Miller for his contempt stated in the affidavit of the said Robert Dudley: the attachment thereby awarded not to issue, and each party to abide his own costs of the motion.

From the affidavit of Robert Dudley above mentioned, and others, it appeared, that, on or about the 6th March, 1835, a bill was filed in his majesty's court of Exchequer in Ireland by the above-named respondent, as rector and vicar of the parish of Eglish, in the diocese of Killaloe, and county of Tipperary, claiming to be entitled to composition in lieu of the rectorial and vicarial tithes of the said parish, against the above-named defendants, as occupiers of lands, and liable to the payment of composition in lieu of tithes, in respect of the same; and the said bill prayed that an account might be taken, under the decree of the court, of all sums due to the above-named respondent, as such rector and vicar, for or on account of such tithe composition, which accrued due on the 1st November, 1834, and payable out of the lands within the said parish by the above-named defendants, as occupiers, or having such interest therein as to make them liable; and that they might be respectively decreed to pay such sums as should appear on the taking of the account to be due, and might be decreed to pay the costs.

On the 18th April, 1835, the above-named defendant John Gavan, and several other defendants, put in their appearance by attorney.

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