VETERINARY JURISPRUDENCE. 
559 
the sum of £82 be paid over to Mr. Shave, and on his re- 
ceiving the above amount, he shall in every way act up to 
and fulfil the partnership agreement entered intoon the 20th 
of June, 1848, and further that this agreement shall be con- 
clusive between both parties.” 
The £82 w 7 as paid, and the defendant called on some of 
his former clients and told them he was not going to practise 
any longer in Sudbury, in consequence of the penalty which 
he w r as under; but shortly afterw r ards some of his friends 
persuaded him that the document w 7 as informal, and he set 
up in practice for himself. Mr. O’Malley called the plain- 
tiff, but he wias so ill that after a few questions his examina- 
tion was discontinued. 
Mr. Richard Squire , auctioneer and accountant, of Sudbury, 
deposed that whilst he w T as making up the plaintiff’s ac- 
counts, defendant told him he was tired of disputing with 
the plaintiff, and had no objection to leave, but he would not 
dissolve unless relieved from the penalties for practising 
within seven miles. To this the plaintiff refused to consent, 
and ultimately defendant agreed not to practise within the 
distance, and said he w T ould go away, and w r ould be satisfied 
w ith his share of the profits, to which Mr. Brown assented. 
There were some disputed accounts, which it w T as agreed 
should be settled by arbitration ; witness was appointed by 
plaintiff, and Mr. Rolfe by defendant, and Mr. Blunden w 7 as 
named as umpire. When the award was made, Mr. Blunden 
said, “ You recollect, Mr. Shave, w hen you receive this 
money you are not to practise within eight miles of Sud- 
bury.” Mr. Shave said, <c I beg your pardon, seven miles” 
— to which the plaintiff assented. The £82 w T as paid to 
defendant under the aw 7 ard, and a further sum of 10s. for 
business done between Sept. 29 and Oct. 6. 
In cross-examination, witness said he w 7 as now in partner- 
ship with Mr. Blunden, but at that time he had no idea of 
it. He knew that Brown required £100 from defendant for 
breaking his apprenticeship articles by practising within 
seven miles, and obtained from his aunt all but £30, which 
he understood was stopped in consequence of a debt due 
from Brow r n to the aunt. 
Mrs. Brown corroborated the evidence of Mr. Squire as to 
Shave’s acknowledgment of his being bound not to practise 
within seven miles. Her husband was in great affliction. 
Cross-examined; — In 1852, the defendant went to Wor- 
cester, but w r as telegraphed to return, owing to her husband 
being seized with sudden illness, after w 7 hich, he w 7 as nearly 
incapable of business, and till the negotiations it was almost 
