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addressed to the person on whom it is to be served at his last known place of residence or place of business ; and, if served by post, shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post; and, in proving the service of such notice, it shall be sufficient to prove that the notice was properly addressed and registered.
Where the employer is a body of persons, corporate or unincorporate, the notice shall be served by delivering the same at, or by sending it by post in a registered letter addressed to the office, or, if there be more than one office, any one of the offices of such body.
A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the action is prejudiced in his defence by such defect or inaccuracy, and that the defect or inaccuracy was for the purpose of misleading.(a)
8. For the purposes of this Act, unless the context otherwise Definitions. requires, The expression “person who has superintendence entrusted to him
means a person whose sole or principal duty is that of superintendence, and who is not ordin arily engaged in
manual labour : The expression “employer” includes a body of persons cor
porate or unincorporate : The expression “workman means a railway servant and any
person to whom the Employers and Workmen Act, 1875,
applies. 9. The Act came into operation on the 1st January, 1881 ; Commencement and
10. Is to continue in force till 31st December, 1887, and to the end of the then next session in Parliament.
MERCANTILE LAW AMENDMENT.
19 & 20 Vict. c. 97.(6) 1. No writ of execution and no writ of attachment against the Sale of goods
issued, but (a) A notice given to an employer under sects. 4 and 7 omitted to state
before seizure. the cause of the injury. Held, that this was a defective notice, which might be amended under the last clause of sect. 7: (Stone v. Hyde, 46 L. T. 421; 9 Q. B. Div. 76.)
(6) For other sections of this Act, see title “Limitation of Actions (Miscellaneous Acts)," p. 191.
goods of a debtor shall prejudice the title to such goods acquired by any person bona fide and for a valuable consideration before the actual seizure or attachment thereof by virtue of such writ, provided such person had not at the time when he acquired such title notice that such writ or any other writ by virtue of which such goods might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff, undersheriff, or coroner.
2. In actions in any court of record for breach of contract to specitic delivery deliver specific goods for a price in money, on the application of the of goods.
plaintiff, and by leave of the judge before whom the cause is tried, the jury shall, if they find the plaintiff entitled to recover, find by their verdict what are the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered, what (if any) is the sum the plaintiff would have been liable to pay for the delivery thereof, what damages (if any) the plaintiff would have sustained if the goods should be delivered under execution as hereinafter mentioned, and what damages if not so delivered ; and thereupon, if judgment shall be given for the plaintiff, the court or any judge thereof, at their or his discretion, on the application of the plaintiff, may order execution to issue for the delivery, on payment of such sum (if any) as shall have been found. to be payable by the plaintiff as aforesaid, of the said goods without giving the defendant the option of retaining the same upon paying the damages assessed.
If such goods or any part thereof cannot be found, and unless the court or such judge as aforesaid shall otherwise order, the sheriff or other officer of such court of record shall distrain the defendant by all his lands and chattels in the said sheriff's bailiwick or within the jurisdiction of such other court of record till the defendant deliver such goods, or at the option of the plaintiff cause to be made of the defendant's goods the assessed value or damages or a due proportion thereof, provided that the plaintiff shall either by the same or a separate writ of execution be entitled to have made of the defendant's goods the damages,
costs, and interest in such action. Consideration 3. No special promise to be made by any person after the for guarantee.
passing of this Act, to answer for the debt, default, or miscarriage of another person, being in writing and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorised, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.
4. No promise to answer for the debt, default, or miscarriage of another made to a firm consisting of two or more persons, or
Guarantee to or for a frm.
to a single person trading under the name of a firm, and no promise to answer for the debt, default, or miscarriage of a firm consisting of two or more persons, or of a single person trading as aforesaid, shall be binding on the person making such promise in respect of anything done or omitted to be done after a change shall have taken place in any one or more of the persons constituting the firm, or in the person trading as aforesaid, unless the intention of the parties that such promise shall continue to be binding nothwithstanding such change shall appear either by express stipulation or by necessary implication from the nature of the firm or otherwise. 5. Every person who being surety for the debt or duty of Rights of surety
who discharges another, or being liable with another for
any debt or duty, shall
liability. pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, &c., shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty, and such person shall be entitled to stand in the place of the creditor and to use all the remedies, and if need be and upon a proper indemnity to use the name of the creditor in any action or other proceeding at law or in equity, in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him.
Proviso: No co-surety, co-contractor, or no co-debtor shall be entitled to recover from any other co-surety, &c., by the means aforesaid more than the just proportion to which, as between those parties themselves, such last-mentioned person shall be justly liable.
15 & 16 VICT. C. 76. 219. Where an action of ejectment (a) shall be brought by Ejectment by any mortgagee, his heirs, executors, administrators, or assignees,
mortgagee. for the recovery of the possession of any mortgaged lands, tenements, or hereditaments, and no suit shall be depending for or touching the foreclosing or redeeming of the same, if the
(a) In the Rules of the Supreme Court this action is called "an action for the recovery of land.”
person having right to redeem the same, and who shall appear and become defendant in such action, shall at any time pending such action pay unto such mortgagee, or, in case of his refusal, shall bring into court, where such action shall be depending, all the principal moneys and interest due on such mortgage, and also all such costs as have been expended in any suit upon such mortgage (such money for principal, interest, and costs to be computed by the court where such action is or shall be depending, or by the proper officer by such court to be appointed for that purpose), the moneys so paid to such mortgagee, or brought into such court, shall be deemed and taken to be in full satisfaction and discharge of such mortgage, and the court(a) shall and may discharge every such mortgagor or defendant from the same accordingly; and shall and may compel such mortgagee, at the costs and charges of such mortgagor, to assign, surrender, or reconvey such mortgaged lands, tenements, and hereditaments, and such estate and interest as such mortgagee has therein, and deliver up all deeds, evidences, and writings in his custody, relating to the title of the same, unto such mortgagor, who shall have paid or brought such moneys into the court, his heirs, executors, or administrators, or to such other person or persons as he or they shall for that purpose nominate
or appoint. Where right of 220. Nothing herein contained shall extend to any case where redemption dis- the person against whom the redemption is or shall be prayed
shall (by writing under his hand, or the hand of his agent, or solicitor, to be delivered before the money shall be brought into such court, to the solicitor for the other side) insist, either that the party praying a redemption has not a right to redeem, or that the premises are chargeable with other or different principal sums than what appear on the face of the mortgage, or shall be admitted on the other side ; or to any case where the right of redemption to the mortgaged lands and premises in question in any cause
or suit shall be controverted or questioned by or between different defendants in the same cause or suit; or shall be any prejudice to any subsequent mortgage or subsequent incumbrance, anything herein contained to the contrary thereof in anywise notwithstanding.
An Act to Amend the Law relating to the Administration
of the Estates of Deceased Persons.
17 & 18 VICT. 0. 113. Heir or
1. When any person shall, after the 31st December, 1854, die not to claim pay- seised of or entitled to any estate or interest in any land or other gage out of personal estate.
(a) Or judge at chambers: (Lawrence v. Hogben, 26 L. J. 55, Ex.)
hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document have signified any contrary or other intention, the heir or devisee to whom such land or hereditaments shall descend or be devised, shall not be entitled to have the mortgage debt discharged or satisfied out of the personal or other real estate of such person, but the lands or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the mortgage debts charged on the whole. (a)
Real Estate Charges Act Amendment Act.
30 & 31 VIct. C. 69. 1. In the construction of the will of any person who may die General direcafter the 31st December, 1867, a general direction that the debts, ment of denis out or that all the debts of the testator, shall be paid out of his of personalty. personal estate shall not be deemed to be a declaration of an intention contrary to or other than the rule established by the 17 & 18 Vict. c. 113, unless such contrary or other intention shall be further declared by words expressly or by necessary implication referring to all or some of the testator's debts or debt charged by way of mortgage on any part of his real estate.
2. In the construction of the said Act and of this Act the Mortgage." word “mortgage” shall be deemed to extend to any lien for unpaid purchase money upon any lands or hereditaments purchased by a testator.
Exoneration of Charges Act.
40 & 41 VICT. C. 34. 1. The 17 & 18 Vict. c. 113, and the 30 & 31 Vict. c. 69, Extension of
17 & 18 Vict. shall, as to any testator or intestate dying after 31st December, C. 193, and so & 1877, be held to extend to a testator or intestate dying seised 31 Vict. c. 69. or possessed of or entitled to any land or other hereditaments of whatever tenure which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage or any other equitable charge, including any
(a) As between two portions of the same mortgaged estate, that portion passing by a residuary devise is liable for the whole mortgaged debt, in exoneration of that portion specifically devised : (Brownson v. Lawrance, 7 Bar Rep. 143.)