Suppose  an  action  of  replevin  brought,  and  a  plea  of
rien  in  arrere :  if  the  landlord  has  accepted  the  rent  as
coming  from  the  tenant,  how  must  the  issue  on  that
plea  be  found  ?  Here,  however,  there  has  been  some-
thing more  than  a  subsequent  ratification  of  payment  by
the  appellant,  as  there  is  evidence  of  a  prior  agreement

(o)  1  Intt.  B.3.  c.  5.  207  a,


JONM.
Vil.  VICTORIA.  115

•

between  the  parties  that  the  rates  should  be  paid  by  the  1844.
Commissioners  of  the  hospital.  \_Matde  J.  What  evi-  ^^  jj
dence  is  there  of  such  an  agreement  to  be  found  in  the  ^  ]^*_
case?]  It  is  found  as  a  fact  that  Sir  R,  Dobson  did  not
pay  the  rates,  but  that  they  had  always  been  paid  by
the  Commissioners  of  the  hospital.  Sir  iZ.  Dobson
knew  that  they  were  due,  and  that  they  were  paid  by
his  landlord,  and  this,  after  the  first  half-year's  rates
were  paid,  amounted  to  an  agreement  that  they  should
be  paid  in  future  by  the  landlord.  With  regard  to  the
case  of  JTie  Queen  v.  South  Kilvir^ton  (a),  which  was
cited  the  other  day  in  the  argument  in  Wright  v.  The
Ttmn  Clerk  of  Stockport  (i),  the  judgment  of  the  Court
was  a  very  short  one,  and  does  not  appear  to  have
been  very  fully  considered.  The  case  of  The  Queen  v.
