LITERARY COLUMN. Anglo American Arbitration Treaty, 125 Sietzsche on law and punishment. 293 Sir Samuel Romilly, 13; Lord Ellenborough, Thomas Manler, kerper of the Sliddic Templo Library, 173 NOTES AND QUERIES. Agents, 255, 306, 332 Illegitimate child of testatrix-Stranger in Quarter sessions practice- Death of appellant in rating appeal, 458, 495 Rating, 495 Insolvent trader-Death-Decd of assignment by Settlement estate duty. 92 executor, 563 Solicitor-Costs-(ase wanted, 24, 46 Solicitor-Professional etiquette, 442 Solicitors' certificates -Stamp duty, 586 Stamp duty, 63, 91 Summary Jurisdiction Acts-Conviction fo: drunkennesa--Right of appeal to quarter sessions-Licensing (Consolidation) Act 1910, 332 Tenancy-Notice to quit, 374, 393 guardians, 24 Trustco Act 1893, 442, 495 Urban council Clerk's fce, 184, 231 Will --Lunacy, 494 Ellis 1". Amis r. Barton, 577 Duke of Northumberland ". Commissioners of De La Warr r. Buckley, 244 Ecclesiastical Commissioners' r'. Page and others, 319 Edge and Sons r. Viccolls and Sons, 291 Edmonson r. Copland, 57 Banyard, 11 Evans and Co. r. Astler, 291 Copestako r. West Sussex County Council, 194 Extraordinary Tithe Redemption Act 1866, Er 194 Fauntlerov r. Beebe, 8 Fisher r. Ind, Coope, and Co. Limited, 105 Forrester r. Norton, 270 Gardner, Ke; Roberts r. Fry, 218 Davies r. Garwood r. Garwood, 32 79 General Electric Company Limited r. Eians, 12 Debtor. A, Re; Er parte The Debtor (No. 303 Gillow and others t'. Durham County Council, 317 Deddington Steamship Company Limited r. Gilmour 1. Dorman, Long, and Co. Limited, Commissioners of Inland Revenue, 292 143 Do la Rue (Thomas) and Co. Limitad ard Graham-Wigan, RC, 243 Roduced, Re, and Re Companics (Consc!iu... Great Central Railway Company v. Midland Railway Company, 57 De La Warr's (Earl) Settled Estates, Nc; Earl Green, Rc; Green . Meinull, 105 Greenwood v. Firth, 292 Gregory 2. Corporation of Tcrquay, 81 Devereux, RC; Toovey r. Public Trustce. 3:3 Hall r. Burnell, 319 Dominion of Canada General Trading and In. Hammond (doc.), RC; Burniston r. Whit:. 193 Glenboia l'estment Syndicate Company r. Brigstecke, Hamp-Adams r. Hall, 258 173 Hanau r. Ehrlich, 243 Du Cros' (W. and G.) Applications. In the Handyside (Andrew) and Co. Limited Re, 125 Brunddu Colliers Compan: Limited, 147 (arrulan ('. Harrington, 104 1'. ance, 104 t'. pany, 173 Harris and others v. Lord Chesterfield and Nisbet's Settlement, Rc; Nisbet r. Nisbet, 57 Sly, Spink, and Co. Limited, 1c, 194 Smith Martin and the Mayor, &c., of Hatzfeldt 1, Alexander, 293 Northumberland, Duke of v. Commissioners of Kingston-upon-Hull, 78 Haynes v. Ford, 8 Inland Revenue, 292 Smith r'. Newman and others, 579 Helliwell 1. Haskins, 80 Nunburnholme, Baron, Re; Wilson v. Nun Smith Brothers (Whitehaven) Limited r. Reus Henderson's Nigel Company Limited, Re, 218 burnholmo, 579 fearn, 318 Hewitt v. Jeans, 10 O'Shea, Re, 268 Solomon r. George Attenborough and Son, Hewitt v. Owners of Ship Duchc88, 173 Owners of Steamship Raphael 1. Brandy. 125 80 Spurge, Re; Calver v..Collett, 9 194 Palmer (Sir R. W. H.), Re; Leventhorpo . Sicad r. Smith 147 Stevenson v. Stevenson, 268 Stuart and Simpson v. Halstead, 148 Smith, 578 Same, 105 Peel's Settlements, Re; Biddulph 1. Peel, 148 Swanseú Vale, The, Owners of v. Price, 31 Jennert. South-Eastern Railway Company, Phillips r. Vickers, Son, and Maxim, 553 Tamworth Colicry Company 1. Hall, 147 34 Pilgrim and others 1. Simmonds, 107 Jobson v. W. Cory and Sons Limited, 147 Pinkey 1. Cockrell, 218 Taylor Plinston Brothers and Co. Limited v. Johnston and others ?. O'Neill and others, 268 Plasycoed Collieries Company Limited Plinston, 292, 578 Jones v. Burnell, 219 Partridge, Joncs, and Co. Limited, 10 Tewkesbury Gas Company Limited, Re; Tysou Kcates 1. Lewis Merthyr Consolidated Col. Pope's Contract, Re, 293 1. The Company, 194 lieries, 268 Pope's Electric Lamp Company Limitod, Appli- Thames and Mersey Marino Insurance Com. Kent v. Fittall, 291 cation of, 318 pany 1. Gunford Ship Company, 193 Kitchenham v. Owners of Steamship Johannes. Powell v. Dalo and Hood, 194 Thomas v. Marsh 269 burg, 125 Pryce, Re; Lawford v. Pryce, 104 Thomas and Co. v. Portsca Steamship Com- Thomas Cooper, Re, 147 Thomas De la Rue and Co. Limited and Knox v. Ind, Coope, and Co. Limited, 105 Rawlings v. Smith, 578 Reduced, Re, and Re Companies (Consoli. Koffyfontein Mines Limited ?. Moseley, 103 Rayner v. Mayor, &c., of the Borough of dated) Act 1908, 318 Kynoch Limited 1. Rowlands, 148 Thomas Limited 2. Houghton, 319 Stepney, 218 Thomas Logan Limited v. Davis, 33. 243 Lanston Monotype Corporation Limited ti Er parte Holloway, 317 Toovey v. Public Trustee, 319 Townshend, Marques of, Ne, 577 Trade Marks Act 1905, Re; Application of Pope's Electric Lamp Company Limited, Leventhorpe r. Palmer, 244 81 318 Lodge's Patent, Re, 9 Rex v. Savidge, 579 Turner 1. Holder, 80 Logan (Thomas) Limited v. Daris, 33. 243 Rex r. Special Commissioners of Income Tax; Tysoo v. Tewkesbury Gas Company Limited, London County Council 1. Houndle, 107 Er parte Essex Hall, 79 194 london County Council r. Shoreditch Borough Rex v. Tynemouth Corporation; Er partc Wadey 1. Parrott, 578 Council, 12 Cowper, 58 Wallis and others v. Pratt and another, 32 London County Council 4. Turner, 320 Richard Surflcet's Estate, Re; Rawlings ?'. Walmsley's Settlod Estates, Re, 106 Maass 19. Gas Light and Coke Company Smith, 578 Walters 2. Staveley Coal and Iron Company, Limited, 79 Ritson +. Dobson, 11 103 McCarthy v. Capital and Counties Bank, 268 Roberts 1. Fry, 218 Walters Non-inflammable Cellolite Limited . Macnamara, Re; Hewitt v. Jeans, 10 Robinson, RC; Clarkson v. Robinson (No. 2), Wenge, 79 Malling v. Addison, 8 32 Walton-le-Dale Urban District Council Marquess of Townshend, Re, 577 Robinson Beaconsfield Urban District Greenwood and another, 320 Maryon-Wilson's (Sir S. M.) Will, Re, and Council, 104 W. and G. Du Cros' Applications. In the Re Settled Land Acts 1882 to 1890, 9 Robson v. Paterson, 106 Matter of, and In the Matter of the Trade M. B. Knight (dec.), Re; Wadey r. Parrott, Rose v. Morrison and Mason Limited, 147 Marks Act 1905, 106 578 Royal Warrant.Holders Association 1. Edward West 1. Gwynne, 32 Wilkes 1. Spooner and another, 32 Williams v. Jones, 33 Willis, Re; Spencer 1. Willis, 149 Willis 1. Rotherham Corporation, 58 Wilson . Amalgamated Society of Engineers Murphy v. Attorney-General for Ireland, 56 Sir R. W. H. Palmer, Re; Leventhorpe v. and others, 9 Neath r. Boale, 293 Palmer, 244 Wilson 1. Church, 578 New Monckton Collieries Limited v. Keeling, Sir S. M. Maryon-Wilson's Will, Re, and Rc Wilson v. Nunburnholme, 579 267 Settled Land Acts 1882 to 1890, 9. t'. 1'. on Ademption-Specific logacy-Testator becoming Annuity--Sequestration-Indian Civil Service 17 Vict. c. 34), s. 40. (Re Thomas Cooper), lunatic-Sale of legacy by the court-Testa- annuity -- Assignability — (Indian) Pensions 147 tor's partial recovery--Lunacy Act 1890 (53 Act (No. XXIIf. of) 1871, ss. 11, 12—East India Bankruptcy-Unregistered moneylender-Loan Vict. c. 5), s. 123. (Re Palmer; Thomas v. Annuity Funds Act 1874 (37 Vict. c. 12). ---Judgment for amount-Arrangement as to Marsh), 269 (Knill r. Dumergue), 9, 217 payment of judgment debt--Bankruptcy of Administration-Intestacy--Distribution of per- Bailment-Furniture deposited with warehouse debtor-Proof based on arrangement-Jurissonal estate-Children of marriage - Children man-Claim to furniture by person other than diction of court to go behind judgmentof deceased wife's sister-Deceased Wife's bailor--Magistrate's order for delivery up of Illegality-" Arrangement in respect of Sister's Marriage Act 1907 (7 Edw. 7, c. 47), goods to claimant-Liability of bailee to true advance and repayment of money”-Money. ss. 1, 2. (Re Green; Green v. Meinall), 105 owner-Metropolitan Police Act 1839 (2 & 3 lenders Act 1900 (63 & 64 Vict. c. 51), s. 2. Adulteration of food-Milk - Purchase of Vict. c. 71), s. 40. (Ransom v. Platt), 8 sub-s. 1 (c). (Re Campbell; Ex parte Seal), sample-Sample procured “in course of Bankruptcy -- Bankruptcy notice --- Validity - 317 delivery"--Offence-Sale of Food and Drugs Notice directing payment of judgment debt Bread-Weights-Proper and sufficient--Brea:1 Act Amendment Act 1879 (42 & 43 Vict. either to the creditors or their solicitor Act 1835 (6 & 7 Will. 4, c. 37), s. 7. (Turner, c. 30), s. 3. (Helliwell (app.) 1, Haskins Payment not required in accordance with ann. 7. Holder, resp.), 80 (resp.), 60 terms of the judgment--- Bankruptcy Act 1883 Building society -- Borrowing - Carrying Milk-Warranty-Information for giving (46 & 47 Vict. c. 52), s. 4 (q). (Re A Debtor; hanking business--Ultra rires--Winding upfalse warranty-Limited company--Liability Er parte The Debtor (No. 305 of 1911). 147 Priorities of outside creditors, shareholders. (Re Birkbeck Permanent of company for offence-Sale of Food and and depositors. Executor--Retainer--Bankruptev Act. 1883 Drugs Act 1875, s. 25-Sale of Food and Benefit Building Society), 269 (45 & 47 Vict. c. 52), s. 125. (Re Broad'; Ex. Commission-Ilouse agent Commission note on Drugs Act 1899, s. 20 (6). (Chuter r. Freeth prie Official Receiver), 579 and Pocock Limited), 80 sale of licensed premises - Person prepared to Petition -“Sufficient cause why receiving purchase found by agent - Sale by owner--Agreement in restraint of trade-Covenant not order should not be made-Knowledge by Right of agent to commission. (Brinson r. to carry on or be concerned in carrying on a creditor that debtor in difficulties --Right of Davies), 34 business-Acting servant-Question of creditor to commence action to recover debt- Company-- Action by--Company unable to par liability. (Ramoneur Company Limited ?'. Claim which cannot be supported in law- costs of defendant if unsuccessful-Security for . Brixley), 10 Extortion-Bankruptcy Act 1883 (46 & 47 Vict. costs-Remission of case to Countr CourtAnnuity--Charge on easements and chattels--- c. 52), s. 7, sub-s. 3. (Re A Debtor), 36 Companies (Consolidation) Act 1908 (8 Edv. 7), Deed of grant-Construction-Whether real Receiving order-Bankruptcy notice- s. 278–County Courts Act 1888 (51 & 52 Vict. or personal estate-No rentcharge created- Validity-- Judgment debt-Income tax- De. c. 43), s. 66. (Plasycoed Collieries Company Special Act-Statutory undertaking. duction-Income Tax Act 1842 (5 & 6 Vict, Limited Partridge, Jones, and Co. Baxter's Trusts; Malling r. Addison), 8 as c. 35), s. 102-Incomo Tax Act 1853 (16 & Limited), 10 (Re 1'. ! as or (Re Company-Articles of association-- Directors- Education (elementary) -- Von-provided school right of removal of trade fixtures provided cation Act 1902, 6. 7, sub-s. 1. (Gillow and Landlord and tenant-lease-Covenant not to underlet without consent-Conditions of con. employer for damages for breach of con- of a fine"-Void condition-Lease executed on and tract--Wages due to work man at date of before commencement of statute--Retrospec. Employers and Workmen Act 1875 (38 & 39 | Licensing Compensation Business and Vict. c. 90), ss. 3, 4. (Kcates Lewis premises bequeathed to different persons, Licensing Act 1904 (4 Edw. 7, c. 23), s. 2. between respective debenture. Estoppel-Action on written agreement made (Rc Spurge: Calver 1. Collett), 9 without consideration-Admission of liability Compensation -Lord of major--Licensed by defondant-Judgment-Second action on premises part of manor-Copphold tenants - Commissioners, apps. 7. Page and others, resps.), 319 sheriff's fees-Sheriffs Act 1887, S. 2, sub. ship-Injunction-Real Property Limitation Extraordinary tithe rentcharge-Redemption t'. Rowlands), 148 c. 93), s. 39-Extraordinary Titho Rcdemp- Roads Act 1822 (3 Geo. 4. c. 126). (Copestako (Bolton, app. r. Everitt, resp.), 320 right of a peal Housing, Town Planning, Non-tidal river--Profit i pronilre in alicno &c., Act 1909 (9 Edw. 7, c. 44), ss. 17, 41 solo - Presumption of legal origin Right (Rayner r. Mayor, &c., of the Boroligh of Stepney), 218 Electric lighting-Statutory undertakers Mens rea-Time of laying information Part of strert not become repairable by the Salo of Food and Drugs Act 1899 (62 & 63 local authorits- Overhead main-- Trespass Vict. c. 51), s 20 (6). (Thomas Limited, Mandatory injunction--Lands Clauses Con. solidation Act 1845 (8 Vict. c. 18), s. 68- c. 56), ss. 10, 13-Electric Lighting (Clauses) judge--Friendly Societies Act 1896 (59 & 60 Act 1899 (62 & 63 Vict. c. 19), s. 21. (Andrews Viet. c. 25), s. 68 (6). (Ritson 1'. Dobson), 11 V. Abertillery Urban District Council), 78 Private street expenses-Disused chapel -- bank Bankruptcy-Petition-Gaming Act Works Act 1892 (55 & 56 Vict. c. 57), s. 16. Greenwood and another), 320 Highway Extraordinary traffic Excessive Public park-Conditional sale of land motives Act 1898 (61 & 62 Vict. c. 29), s. 12. Ultra vires-Injunction. (Attorney-General v. nation festivities--Previous sanction by Local (Hodson v. Blanchards (London) Limited), 9 marriago settlements--Petition filed before Interim injunction. (Attorney-General -- Power to terminate agreement by notice monial Causes Act 1859 (22 & 23 Vict. c. 61), 218 Rural district council-Parochial elector Adultery and desertion-Statutory period of 56 & 57 Vict. c. 73), s. 58, sub-s. 5. (Rex i. Marquess of Townshend), 517 Market -- Statutory market-Market rights- revenue -- Taxable income -- Statutory divi: Disturbance -- Rival market --Warehouse- “ Shop -Sale in own shop-28 Geo. 2. c. 123, 6. 4-30 Geo. 2, c. 31, s. 10. (Haynes r. to pay 50,000/. to trustees-Annuity of vow! to widow out of annual income-If income paid on attaining not “clear annual sum of 20001.,” ovenant to make up deficit-Gross income less than should be a sufficient discharge-Rate of 20001. -- Whether deficit payable after deduct (Re Sir Daniel (mper, Bart ; Croper r. (coperl, 33 Metropolis--Cabs-- Licence to pls for hire - Commissioner of Police--Discretion to grant Damage to hull through latent defect exist- licence- Metropolitan Public (arriage Ari ins prior to the policy-Latent defect 1859 (32 & 33 Vict. c. 1151, 6s. 6. 11 Orders purpose--5 Geo. 4, c. 83, s. 4. (Moran and during currency of policy. (Hutchins v. Commissioner of Metropolitan Police; Er Brothers v. Royal Exchange Assurance!, 101 parte Hollowav), 317 Attorney-General-Finance (1909-10) Act 1910 sentences of imprisonment--Jurisdiction of -- Onus on prosecution to show that jury 18 justices to impose -- Summary Jurisdiction unaffected thereby. Rex t'. Saridge), o 19 Act 1848 (11 & 12 Vict. o. 43). 6. 25. (Rex '. Omission to leare defence to the jurs- Martin and another; Er porte Smithe). 81 Miscarriage of justice. (Rex r. Hill), 579 --Lease--shop-Covenant by tenant to con- out-and-out transfer of property—“ Advance plete fittings - Covenant to Gelirer and repayment of money" -"Security for ' name to registere: 1 of moneylender-Mone: - report finding amount payable-Interest- powers orer B.'s line in connection with the lenders Act 1900 (63 & 64 Vict. c. 51), 6s. 2, Form No. 7u, appendix F Rules of C. line -Railways Clauses Act 1863 (26 & 27 sub-s. (c), 6. (Rc Robinson; Clarkson e. Supreme Court Judgments Act 1838 (1 & 2 Vict. c. 92), ss. 38, 39, 40, 41. (Great Central Piobinson No. 2), 32 Vict. c. 110), ss. 17, 18. (Ashover Fluor Railway Company r. Midland Railway ComMortgage--Sale-Admission by mortgagce of Spar Mines Limited v. Jackson), 244 pany), 57 balance in hand--Action by mortgagor claim. Practice-Administration action-Order with Rating - Metropolis Reduction in value of ing larger sum-Order under Order XV.. out reservation of costs-Further considera. premises --- Provisional valuation list - New r. 1, for an account-Certificate finding in. tion Liability of trustee for costs. quinquennial valuation list--"List subse. creased sum due from mortgagee--Costs. (Rc Gardner; Roberts r. Fry), 218 quently made”--Valuation (Metropolis) Act (Williams 1. Jones), 33 Contempt of court-Motion to commit 1869 (32 & 33 Vict. c. 67), 8. 47, sub-s. 8. Mortgagor and mortgagee-Demand for par. Service of copies of affidavits-Order XLII., (Parrish 2. Hackney Borough Council), 245 inent off-Execution of reconveyance-Tender Provisional Jist rr. 6. 7--Order LII., 1. A. (Tavlor Plinston Appeal to quarter ---Additional interest in lieu of notice-Keep. Brothers and Co. Limited v. Plinston), 192, sessions Jurisdiction. (London County ing money idle after tender(Edmondson 578 Council, apps. 1'. Shoreditch Borough Council, 1. Copland), 57 Costs-Debtor who has received notice resps.), 12 Motor-car - Excise duty payable thereon that his creditor has committed an available Real estate--Conversion---Order by court for Horse-power--Mode of calculating-Treasury act of bankruptcy--Refusal to pay debt sale--Part of real estate unsold-Order operat. regulations--Horse-power as ascertained by Action by creditor-Payment of debt into ing as absolute--Conversion of unsold real regulations Finance (1909.10) Act 1910 court--Creditor's right to costs of action. ostate into personalty. (Fauntleroy r. Beebc), 110 Edw. 7, c. 8), s. 86, sub-s. 2. (London 8 (McCarthy i. Capital and Counties Bank), County Council, apps. 1. Turner, resp.). 320 268 Registration of voters Dwelling house Heavy motor-car and trailer-Combined Costs – Taxation - Non-contentious busi- Occupier rated in rate-book-Agreement by weight 9 tons-Registration as motor-car- ness-District Registrar of Manchester- landlord to pay rates---Rates paid by land. Reregistration-Validity of--Locomotives Act Jurisdiction-Solicitors Act 1843 (6 & 7 Vict. lord-Right of occupier to be on register of 1898 (61 & 62 Vict. c. 29), s. 9-Heavy Motor c. 73), s. 37. (Stead r. Smith), 147 voters-Representation of the People Act Car Order 1904, arts. 3, 4 (5). (Pilgrim and Discovery - Interrogatories - Action for 1867, s. 3, sub-ss. 3, 4. (Smith, app. v. Newothers, apps. r. Simmons, resp.), 107 malicious prosecution — Interrogatories by man and others, resps.), 579 Municipal corporation--councillor--Disqualifi. plaintiff as to information, inquiries, and Restraint of trade --- Agreement --- Validity cation - Contract with council — Councillor reasonable and probable cause - Order Reasonableness -- United Kingdom - Public having held office for more than twelve XXXI., rr. 1, 2. (Maass_r. Gas Light and policy -- Protection of covenantep Master months-No objection taken within that time Coko Company Limited), 79 and servant-Injunction. (Stuart and Simp“ Councillor or qualified to be a Fund in court-Jurisdiction-Certificates son r. Halstead), 148 cillor”-Municipal Corporations Act 1882. in respect of foreign bonds-Inquiry as to Revenue--Income tax-Foreign citizen living ss. 12, 14, 15, 73. (Forrester v. Norton), 270 bonds outstanding-Distribution-Exclusion on yacht anchored in British port---Person Negligence-Agent-Disposal by contractor of of bondholders not coming in. (Wilson v " residing in the United Kingdom"--5 & 6 sewage removed under contract from cess- Church), 578 Vict. c. 35, S. 108-Income Tax Act 1853 pools—No provision as to disposal in con Interpleader-Issue directed to be tried (16 & 17 Vict. c. 34), sched. D. (Brown . tract—"Casual or collateral negligence by master Findings of master - Right of Burt), 317 Respondcat superior. (Robinson v. Bcacons. appeal-Common Law Procedure Act 1860 Income tax--Lands vested in trustces for field Urban District Council), 104 (23 & 24 Vict, c. 126), s. 17-Order LVII., charitable purposes --Rents and profits from Cattle on highway-Open gate-No evir. 11. (Cox v. Bown), 107 - Occupation Allowances-Income Tax Act dence as to by whom opened--Primú facic Judgment by consent-Undertaking by 1842 (5 & 6 Vict. c. 35), ss. 61 (No. VI.), 62. evidence of negligence · Burden of proof. defendunt corporation-Wilful disobedience (Rex v. Special Commissioners of Income (Ellis v. Banyard), 11 -Writ of sequestration-Order XLII., r. 31. Tax; Ex partc Essex Hall), 79 Railway company--Level crossing--User (Davis Rhayader Granite Quarries Income tax-Royalties for user of patent without interruption by railway companyLimited), 79 - Deduction --- Average of three years Duty on railway company to take precau. Receiver - Jurisdiction - Action for ap. Royalties ceasing to be payable--Finance Act tions. (Jenner South-Eastern Railway pointment of — Application in Chancery 1907 (7 Edw. 7, c. 13), s. 25 (1). (Lanston Company), 34 Division-Application for letters of adminis. Monotype Corporation Limited v. AnderOld age pension-Decision of local pension tration pending in Probato Division-Dis. son), 291 committee Statutory conditions --- “ Final cretion. "(Walters Non-Inflammable Cellolite Land tax-Railway tunnel-Liability to and conclusive"-Old Age Pensions Act Limited v. Wenge). 79 land tax-Redemption--Land Tax Act 1797 1908 (8 Edw. 7, c. 40), s. 7. sub-s. 2. (Murphy Writ-Service--Indorsement of service-- (38 Geo. 3, c. 5), s. 4-Land Tax Redemption ?'. Attorney-General for Ireland), 56 Failure to indorse date of service within Act 1802 142 Geo. 3, c. 116), ss. 8, 38. Parliament-Registration of voters--Occupier three days-Default of appearance-Irregu- (Central London Railway Company 1. Comor lodger - Landlord resident in house larity which cannot be waived--Order IX., missioners for Land Tax for City of London), Rooms Ict to tenant-Objection-Prima fucic r. 15. (Hamp-Adams v. Hall), 268 292 proof-Landlord rated for whole house Presumption of death-Remarriage of pre- Licenco duty - Male servant -- Luncheon Value of house over £8 a year-Representa sumptivo widow-Will of presumed second club-Exemption in favour of Crown servants tion of the People Act 1867 (30 & 31 Vict. husband-Gifts to widow of testator during -Rovenue Act 1869 (32 & 33 Vict. c. 14), c. 102). ss. 3, 7-Poor Rate Assessment and widowhood --Reappearance of first husband ss. 16, 19 (3). (London County Council r. Collection Act 1869 (32 & 33 Vict. c. 41). Effect on gifts. (Rc Hammond, deocascd ; Houndle), 107 ss. 3, 4, 19-Parliamentary and Municipal Burniston v. White), 195 Stamp duty Dcbenture Marketable Registration Act 1878 (41 & 42 Vict. c. 26). Public authority---Action against, in County security--Instrument for the disposition of S. 14-Representation of the People Act 1884 Court-Notice of special defence-Public interest in a ship-Stamp Act 1891 (54 & 55 (48 & 49 Vict. c. 3), s. 9. (Kent v. Fittall), 291 Authorities Protection Act 1893--Plca of Vict. c. 39). (Deudington Steamship_ComPartnership-Covenant-Charge on partner's Statute of Limitation without specifying Act pany Limited l. Conumissioners ot' Inland share-“Gains and profits"---Construction, - Sufficiency of plea--County Court Rules Revenue), 292 Dissolution by death-Principles on which 1903 and 1904, Order X., rr. 14, 18. (Gregory Staip vuty --- Increase of nominal share accounts ought to be taken-Practice of r. Corporation of Torquay), 81 capital-Stateme:t of amount of increase-Public health-Order to do certain work-partners-Partnership Act 1890 (53 & 54 Vict. Statutory right to convert --Caledonian Rail. Non-compliance Work donc c. 39), ss. 31. 44. (Garwood 1. Garwood), 32 by local way Conversion of Stock) Act 1890 (53 & 54 Joint and several liability of partners for authority-Notice of demand--Authentica. Vict. c. cxxxv.), ss. 2, 3--Caledonian Railway tion instalments of a debt-Payment of instal notice- Sufficiency of notice--Public Act 1898 (61 & 62 Vict. c. clxxxviii.), s. 37ments out of partnership assets--Judgment Health Act 1875, SS. 36, 266. (Willis 2. Caledonian Railway (General Powers) Act recovered for nonpayment of later instalRotherham Corporation), 57 1899 (62 & 63 Vict. c. ccxv.), s. 65---Stamp ments - Satisfaction of judgment by one Plans--Approval-Land subject to restric- Act 1891 (54 & 55 Vict. C. 39), 113. tive covenants-Plan showing proposed street partner alone-Right to contribution-Right (Attorney-General v. Caledonian Railway to assignment of the judgment-Breach of on land-Practicability of plan-Jurisdiction Company), 269 statutory obligation - Damages -- Equitable to disapprove. (Rex 7. Tyneinouth Corpora- Stamp duty-Settlement-Resettlementrights between the joint debtors-Suretyship tion; Ex parte Cowper), 58 Provision for keeping up policies--Covenants -Right of surety to release--Mercantile Law Unsound meat-Public Health Act 1875 (38 in settlement only--Stamp Act 1891 (54 & 55 Amendment Act 1856. (Dalo v. Powell; & 39 Vict. c. 55), ss. 116, 117-Public Health Vict. c. 39), s. 104. (Duke of Northumbe!'. Powell v. Dale and Hood), 194 Acts Amendment Act 1890 (53 & 54 Vict. c. 59), land v. Commissioners of Inland Revenue), Patent-Expiration-Application to prolong 6. 28. (Salt. app. v. Tomlinson, resp.), 12 232 Jusufficient remuneration Roval arms-Uso in connection with businessSeparate claims Railway --- Carriage of goods -- Rates - False for distinct inventions-Power of the court account of goods with intent to avoid paymeni Use calculated to lead to belief of royal to prolong certain claims and reject others of tolls--Misdescription of goods in consign warrant-Admissibility of evidence--Injunc. -Patents and Designs Act 1907, s. 18. (He ment note-OffenceRailways Clauses Cou tion-Trade Marks Act 1905 (5 Edw. 7, c. 15). Lodge's Patent), 9 solidation Act 1845 (8 & 9 Vict. c. 20), s. 39. S. 68. (Royal Warrant Holders Association Power of appointment-Exercise of, by will of (General Electric Company Limited, apps. 2. 7. Edward Deane and Beal Limited), 553 domiciled Dutchwoman-Will made in Dutch Evans, resp.), 12 Sale of goods-Sale by description-Delivery form-Attestation in manner required by Mines and minerals-Fireclay-Railways of goods of a different kind-Claim by buyer English law-Grant of probate in England Clauscs Consolidation (Scotland) Act 1845 for damages--Clause in contract excluding Construction of will Applicability of (8 & 9 Vict. c. 33), s. 70. (Caledonian Rail. warranty Liability of seller. (Wallis and English law--Wills Act 1837 (1 Vict. c. 26), way Company v. Glenboig Union Fireclay others v. Pratt and another), 32 s. 27. (Re Pryce; Lawford v. Prvce). 104 Company), 7 Settled land-Capital moneys - Improvement Special power-Appointment equally by Railway company Running powers Golf course and clubhouse--" Open space will among all the objects-Subseguent ap another's line - Company A., with general Development of cstate for building purposes pointments by dced to some of the objects- running powers Company B.'s -Settled Land Act 1882 (45 & 46 Vict. c. 38), Adeniption-Rule against double portions line, purchasing undertaking of Com. s. 25, sub-ss. 17, 18. (Re Earl De La Warr's “ Portion.” (Re Peel's Settlements; Bid. pany C., which has to and from Settled Estates; Earl De La Warr 1. Buckley), dulph v. Peel), 148 junction connecting the B. and C. lines 244 Practice- Action--Consent judgment-Damages limited running powers over B.'s line Mansion-house--Lease by tenant for lifeto be ascertained by special referee-Defen. Whether A., having entered B.'s line over Dilapidations-Payment by lessee of damages dants to pay damages found-Subsequent the junction, has general or limited running for breach of covenant to repair-Capital or S. over over а man exercise t Sea income--Tenant for life-Settlement trustees | Will-Administration-Pawnbroker-Pledge of | Workmen's compensation Employer and Jurisdiction Power subject to regula Bequest to chapel building fund-Execu. tions No regulations made Work held invalid in 1876 under statutes of mort- c. 58), sched. 1, par. 15; sched. 2, purs. 5, 12, main-Claim to executory bequest- Plea of 15-Workmen's Compensation Rules, rr. 53, 54-Form 48. (Carrolan v. Harrington), 104 course of employment Compensation Workmen's Compensation Act 1906. (Walters Employer and workman--Compensation -Accident arising out of employment-Seu. drowned while returning to ship (Kitchenham 1. Owners of the Steamship Johannesburg), 125 lien against Employer and workman-Compensation Member of Royal Naval Reserve-Annual Construction-Devise of freehold house retainer-Workmen's ('ompensation Act 1906 (6 Edw. 7, c. 58), s. 9; sched. 1, par. 2 (6). (Owners of Steamship Rapharl 1. Brandy), 125 Contrary intention within meaning of Wills Employer and workman--Compensation- Dependant - Partial dependency - Principle on which compensation assessed-Workmen's Construction--Gift of residue-Intention Compensation Act 1906 (6 Edw. 7, c. 58). (Tamworth Colliery Company v. Hall), 147 children - Period of distribution. (Re Wil. Employer and workman-Death by acci. dent-compensation-Accident arising out of and in the course of employment--Work. Construction-Gift to issue--" Per stirpes” men's Compensation Act 1906 (6 Edw. 7, c. 58). (Evans and Co. 1. Astley), 291 Employer and workman-Death by acci. Construction --- Settlement estate duty dent Compensution -- Claim by widow Dependant - Question of fact duty respecuvely”. Residuary converted Compensation Act 1906 (6 Edw. 7, c. 58). Workmen's realty and personalty * Testamentary ex- (New Monckton Collieries Limited i. Keel. ing), 267 Employer und workman-Death by acci- dent * arising out of" employinent-Dis. Workmen's Compensation Act 1906 (6 Edw. 7, c. 58). (Owners of The Suunsra lule w. Price). 31 Executory bequest to members of a class Emplover and workman-Death by acci- dent arising out of employment--Liability to share Meaning of “ issue.” (Re M. B. pay compensation. (Hewitt 1. Owners of Ship Duchess), 173 Gift to trustees to apply income to par. Employer and workman-Death caused by accident Compensation --- Claim by depen. dant--" Accident arising out of and in the course of the employment "_" Serious and (Re Goikie; Robson r. Paterson), 106 wilful misconduct"-Workmen's Compensa tion Act 1906 (6 Edw. 7. c. 58). sub-s. 2 (c). (Harding 1. Brynddu Colliery s. 1. Company Limited), 147 Employer and workman-Death caused by -Whether legacy vested or contingent. (Re accident-Compensation--Claim by depen- clunts—" Accident arising out of and in the course of the employment "--Risk not neces. Settled land – Licensed premises Non sary or reasonably incident to the emplov- ment-Workmen's Compensation Act 1906 (6 Edw. 7, c. 58), s. 1. (Rose v. Morrison and Mason Limited), 147 Employer and workman-Death of work. Accident Compensation Agree. man alleged to be caused by wasp's sting-- Accident arising out of and in the course of the employment "--Compensation-Claim by dependants-Admissibility of evidence of to statement made to him by deceased workman-Workmen's Compensa. tion Act 1906 (6 Edw. 7, c. 58), s. 1. (Amvs Employer and workman-Accident-Com- t'. Barton), 577 Employer and workman-Injury by acci. dent-Compensation-" Accident arising out Rotital to hear application --- Appeal of and in the course of the employment"-- Workmen's Compensation Act 1906 (6 Edw. 7. C. 58), s. 1. (Gilmour r. Dorman, Long, and Co. Limited), 148 Employer and workman-Injury by acci. dent--Compensation-" Accident arising out of and in the course of the employment" accident contributing to present in- Workmen's Compensation Act 1906 (6 Edw. 7, C. 58), s. 1. (Curtis 1'. Talbot). 552 Employer and workman-Injury by acci. dent-Compensation-" Accident arising out of and in the course of the employment Workmen's Compensation Act 1906 (6 Edw. 7, C. 58), s. 1. (Parker r. Pout), 552 cute from medical man--Implied agreement dent-Compensation-Proceedings not menced within six months of the time of the accident- Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), s. 1-Workmen's Employer and workman--Accident- ('om- ( ompensation Act 1906 (6 Edw. 7, c. 58). s. 1. pensution-Recovery-Termination of agree (Fry r. Muyor, &c., of Cheltenham), 577 ment-Subsequent death of workman-Right Employer and workman-Injury by acci. clxxil e c. 58), s. 1. (Davies t. Gillespie), 553 in man trustees doctor as mer (om Owner or 8. 19. |
