Andrew Handyside and Co. Limited, Re. 125
Andrews v. Abertillery Urban District Council,
78

Arnold r. Ind, Coope, and Co. Limited, 105
Ashanti Development Limited, Re, and Re Com
panies (Consolidation) Act 1908, 105
Ashover Fluor Spar Mines Limited r. Jack
son, 244

Attorney-General v. Bradford Corporation, 342
Attorney General r. Caledonian Railway Com-
pany, 269

Attorney-General v. East Barnet Valley Urban
District Council, 218

Barclay, Perkins, and Co. Limited and
Reduced, Re, 79

Baron Nunburnholme, Re; Wilson r. Nunburn-
holme, 579

Batt r. Metropolitan Water Board, 318
Baxter's Trusts, Re Malling t. Addison, 8
Biddulph . Peel, 148

Billericay Rural District Council r. Guardians
of Poplar Union and Keeling. 243
Birkbeck Permanent Benefit Building Scciety,
Re, 269

Bladon, Re: Dando v. Porter, 245
Bolton r. Everitt, 320

Brinson v. Davies, 34

Bread, Re; Ex parte Official Receiver, 579
Brown

. Burt, 317

Bulawayo and General Exploration Company
(1905) Limited and Reduced, Re, 269
Barzhes . Attorney-General, 33
Burniston r. White, 195

Caledonian Railway Company

Union Fireclay Company, 7

Calver r. Collett, 9

Campbell, Re: Ex parte Seal, 317
tarrolan e. Harrington, 104

Glenboig

NAMES OF CASES.

Cartwright . Hoogstoel, 578

Central London Railway Company v. Commis-
sioners for Land Tax for City of London,
292

Chuter . Freeth and Pocock Limited, 80
Clarke v. Clarke and Lindsay, 78
Clarkson r. Robinson (No. 2), 32
Cockrell, Re; Pinkey v. Cockrell, 218
Cooker. Rickman, 270
Cooper v. Cooper, 33
Cooper, Thomas, Re, 147

Copestake v. West Sussex County Council, 194
Cory Brothers and Co. Limited v. Hughes,
194

Cox r. Brown, 107

Curtis v. Talbot, 552

Dale v. Powell; Powell . Dale and Hood, 194
Dando r. Porter, 245
Davies v. Gillespie, 553

Davis r. Rhayader Granite Quarries Limited,
79

Debtor, A, Re, 56

Debtor. A, Re; Ex parte The Debtor (No. 305
of 1911), 147
Deddington Steamship Company Limited .
Commissioners of Inland Revenue, 292
Do la Rue (Thomas) and Co. Limited ard
Reduced, Re, and Re Companies (Consclida-
tion) Act 1908. 318

De La Warr's (Earl) Settled Estates, Re; Earl
De La Warr v. Buckley, 244
Dering, Re: Neath r. Beate. 293
Devereux, Re; Toovey r. Public Trustee, 319
Dominion of Canada General Trading and In-
vestment Syndicate Company r. Brigstocke,
173

Du Cros' (W. and G.) Applications, In the
Matter of, and In the Matter of the Trade
Marks Act 1905, 106

Duke of Northumberland r. Commissioners of
Inland Revenue, 292

Earl Do La Warr's Settled Estates, Re; Earl
De La Warr r. Buckley, 244

Earl of Sheffield, Re; Ryan v. Bristow, 105
Ecclesiastical Commissioners

others, 319

ť. Page and

Edge and Sons r. Niccolls and Sons, 291

Edmonson v. Copland, 57

Ellis r. Banyard, 11

Evans and Co. r. Astley, 291

Extraordinary Tithe Redemption Act 1866, Er

parte; Re Graham-Wigan, 243

Fauntleroy r. Beebe, 8

Fisher . Ind, Coope, and Co. Limited, 105
Forrester v. Norton, 270

Fry . Mayor, &c., of Cheltenham, 577
Gardner, Re; Roberts r. Fry, 218

Garwood v. Garwood, 32

Geikie, Be; Robson v. Paterson, 105

General Electric Company Limited t. Evans,

on

Debentures-Future calls- Charges
"property" and "assets"-Winding-up-
Rights as between respective debenture-
holders. (Re Andrew Handyside and Co.
Limited), 125

Debentures and debenture stock-Assign-
ment of specific assets--Priorities. (Re Ind,
Coope, and Co. Limited; Fisher r. The Com-
pany; Knox r. Same; Arnold v. Same), 105

Memorandum of association-Reorganisa-
tion of share capital-Companies (Consolida
tion) Act 1908 (8 Edw. 7, c. 69), s. 45. (Re
Ashanti Development Limited and Re
Companies (Consolidation) Act 1908), 105
Powers of directors-Control of company in
general meeting-Articles of association-
Appointment of managing director-Construc-
tion. (Thomas Logan Limited v. Davis), 35,
243

Private company-Payment of commission
upon amount of shares subscribed for-Failure
to disclose in statement in the prescabed
form"-Illegal payment-Companies (Consoli-
dation) Act 1908 (8 Edw. 7, c. 69), s. 89
(Dominion of Canada General Trading and
Investment Syndicate Company v. Brigstocke),
173

---

Reduction of capital-Confirmation of
scheme-Companies (Consolidation) Act 1903
(8 Edw. 7, c. 69), s. 46-Dissentient share-
holder-Jurisdiction-Discretion-Conditions
-Costs of dissentient shareholder.
Thomas De La Rue and Co. Limited and
Reduced and Re Companies (Consolidation)
Act 1908), 318

(Re

Reduction of capital-Publication of
reasons-Companies (Consolidation) Act 1908
(8 Edw. 7, c. 69), s. 55-Form of memo-
randum. (Re Barclay, Perkins, and Co.
Limited and Reduced), 79

Reduction of capital-Rights of minority
-Bona fides-Companies (Consolidation) Act
1908 (8 Edw. 7, c. 69), ss. 46, 47, 50. (Re
Bulawayo and General Exploration Company
(1906) Limited and Reduced), 269

Voluntary winding-up-Assets after dis-
solution-Motion to revive company-Rights
of Crown-Bona Vacantia-Companies (Con-
solidation) Act 1908 (8 Edw. 7, c. 69),
ss. 195 (4), 223. (Re Henderson's Nigel
Company Limited), 218

Winding-up-Debenture-Floating charge
within three months of winding-up.
Solvency of company-Companies (Consolida-
tion) Act 1908 (8 Edw. 7. c. 69), s. 212.
(Hodson v. Blanchards (London) Limited), 9
Contract-Agreement for service for two years
-Power to terminate agreement by notice
at any time-Verbal contract-" Agreement
not to be performed within the year
Statute of Frauds (29 Car. 2, c. 3), s. 4.
(Hanau v. Ehrlich), 243

Lease-Option in writing-Alleged to be
conditional, but condition not stated-With-
drawal before acceptance-Communcation of,
by third parties-Specific performance or
damages. (Cartwright v. Hoogstoel), 578

Trade association-Trade union-Agree-
ment with foreign exchange-By-law-Mem-
ber-"Dishonourable or disreputable con-
duct"-Ultra vires-Non-fulfilment of con-
tract-Refusal to refer dispute to arbitration
-Award of foreign arbitrators-" Enforce-
ment order "-Foreign judgment-Procedure
-Enforceability. (Merryfield, Ziegler, and
Co. v. Liverpool Cotton Association Limited),

105

Copyright-Drawing-Artistic property-Com-
mercial use--Not registered under Patents.
Designs, and Trade Marks Act 1883-Right
to sue-Fine Arts Copyright Act 1862 (25 &
26 Vict. c. 68), s. 1. (Smith Brothers (White-
haven) Limited . Redfearn), 318
Criminal law-Found on premises for unlawful
purpose-5 Geo. 4, c. 83, s. 4. (Moran and
another, apps. r. Jones, resp.), 10
Declaratory judgment-Action for, against
Attorney-General-Finance (1909-10) Act 1910
10 Edw. 7, c. 8), s. 31-Commissioners of
Inland Revenue Form 8-Order XXV.,
r. 5. (Burghes r. Attorney-General), 33
Education-Provided school-Injury to child-
Alleged negligence of teacher-Liability of
education authority. (Smith v. Martin and
the Mayor, &c., of Kingston upon-Hull), 78

-

Education (elementary)-Non-provided school
-Cleaning of schools-Appointment of care-
taker-Right of managers to appoint-Edu-
cation Act 1902, s. 7, sub-s. 1. (Gillow and
others v. Durham County Council), 317
Employer and workman-Dispute--Claim by
employer for damages for breach of con
tract-Wages due to workman at date of
hearing-Proceedings in court of summary
jurisdiction- -"Subsisting claims' - Juris-
diction of court to adjust and set off-
Employers and Workmen Act 1875 (38 & 39
Vict. c. 90), ss. 3, 4. (Keates V. Lewis
Merthyr Consolidated Collieries), 268
Estoppel-Action on written agreement made
without consideration-Admission of liability
by defendant-Judgment-Second action on
same agreement-Right of defendant to set
up want of consideration. (Cooke v. Rick-
man), 270
Execution-Sheriff's fees-Writ of fi. fa.-
Execution withdrawn pursuant to order of
court-Liability of execution creditors for
sheriff's fees-Sheriffs Act 1887, s. 2, sub-
ss. 2, 3-Order of judges made thereunder.
(Montague v. Davies, Benachi, and Co.), 10
Extraordinary tithe rentcharge-Redemption
-Money paid into court-Application to
invest-Costs-Tithe Act 1846 (9 & 10 Vict.
c. 73), s. 9-Tithe Act 1860 (23 & 24 Vict.
c. 93), s. 39-Extraordinary Tithe Redemp
tion Act 1886 (49 & 50 Vict. c. 54), s. 5,
sub-ss. 3 and 4. (Ex parte Extraordinary
Tithe Redemption Act 1886; Re Graham-
Wigan), 243

Fishery Navigablo non-tidal lake - Public
user-Prescription. (Johnston and others r.
O'Neill and others), 268

Non-tidal river-Profit à prendre in alieno
solo - Presumption of legal origin - Right
appurtenant. (Harris and others r. Lord
Chesterfield and another). 268

Food and drugs-False warranty-Company-
Mens rea-Time of laying information-
Sale of Food and Drugs Act 1899 (62 & 63
Vict. c. 51), s 20 (6). (Thomas Limited,
apps. t. Houghton, resp.), 319
Friendly society-Action in County Court to
recover benefit-Jurisdiction of County Court
judge-Friendly Societies Act 1896 (59 & 60
Viet. c. 25), s. 68 (6). (Ritson v. Dobson), 11
Gaming-Money paid "in respect of "
gaming contract-Guarantee of overdraft at
bank Bankruptcy-Petition-Gaming Act
1892 (55 & 56 Vict. c. 9), s. 1. (Re O'Shea),
268

a

in

Highway Extraordinary traffic- Excessive
weight-Extraordinary expenses of repair-
Average expense of repairing highways
the neighbourhood "-Damages recoverable
-Highways and Locomotives (Amendment)
Act 1878 (41 & 42 Vict. c. 77), s. 23-Loco-
motives Act 1898 (61 & 62 Vict. c. 29), s. 12.
(Billericay Rural District Council v. Guar
dians of the Poor of Poplar Union and
Keeling), 243

Husband and wife - Divorce-

Variation of
marriage settlements-Petition filed before
decree absolute-Time for answering-Matri-
monial Causes Act 1859 (22 & 23 Vict. c. 61),
s. 5. (Clarko v. Clarke and Lindsay), 78

Petition by wife for judicial separation-
Supplemental petition by wife for divorce-
Adultery and desertion-Statutory period of
desertion not elapsed at date of petition-
Matrimonial Causes Act 1857 (20 & 21 Vict.
c. 85), s. 27. (Stevenson r. Stevenson), 268
Income tax-Undertakings of corporation
Charge thereon-Income tax on aggregate
revenue Taxable income- Statutory divi-
dends fund account-Transfer to, from under-
takings and rates-Loans charged on all
undertakings and revenues-Income brought
into charge - Leeds Corporation (General
Powers) Act 1901. (Leeds Corporation r.
Sugden), 317

Marine

expenses

right of removal of trade fixtures provided
by him under the covenant. (Mowats
Limited . Hudson Brothers Limited), 317
Landlord and tenant-Lease-Covenant not to
underlet without consent-Conditions of con-
sent- Fine or sum of money in the nature
of a fine "Void condition-Lease executed
before commencement of statute-Retrospec-
tive enactment-Conveyancing and Law of
Property Act 1892 (55 & 56 Vict. c. 13), s. 3.
(West v. Gwynne), 32
Licensing Compensation Business and
premises bequeathed to different persons
Licensing Act 1904 (4 Edw. 7, c. 23), s. 2.
(Re Spurge; Calver e. Collett), 9

Compensation-Lord of manor-Licensed
premises part of manor-Copyhold tenants -
Person interested" — Licensing Act 1904
(4 Edw. 7, c. 23), s. 2 (1). (Ecclesiastical
Commissioners, apps. r. Page and others,
resps.), 319
Limitation of action-Trespass-Discontinuance
and acquisition of possession-Acts of owner-
ship-Injunction-Real Property Limitation
Acts 1833 and 1874 (3 & 4 Will. 4. c. 27, s. 3:
37 & 38 Vict. c. 57, s. 1). (Kynoch Limited
v. Rowlands), 148

Local authority-Highway-Vacant land ad-
joining Inclosure-Publio right of way--
User-Common or waste land-Turnpike
Roads Act 1822 (3 Geo. 4. c. 126). (Copestako
r. West Sussex County Council), 194
Local government-By-law-Keeping carriage
"on the left or near side of the road."
(Bolton, app. r. Everitt, resp.), 320

Dwelling house unfit for human habita-
tion Closing order-Form of notice-Owner's
right of appeal Housing, Town Planning,
&c., Act 1909 (9 Edw. 7, c. 44), ss. 17, 41
(Rayner r. Mayor, &c., of the Borough of
Stepney), 218

Electric lighting--Statutory undertakers
Erection of standard in or under streets
Part of street not become repairable by the
local authority-Overhead main- Trespass --
Mandatory injunction-Lands Clauses Con-
solidation Act 1845 (8 Vict. c. 18), s. 68--
Electric Lighting Act 1882 (45 & 46 Vict.
c. 56), ss. 10, 13-Electric Lighting (Clauses)
Act 1899 (62 & 63 Vict. c. 19), s. 21. (Andrews
v. Abertillery Urban District Council), 78

Private street expenses-Disused chapel--
Exception from expenses-Private Street
Works Act 1892 (55 & 56 Vict. c. 57), s. 16.
(Walton-le-Dale Urban District Council v.
Greenwood and another), 320

Public park--Conditional sale of land
Specified acreage to be used as park-Cut-
ting down trees-Use of part of park for
strect widening-Bradford Corporation Gas
and Improvement Act 1871 (34 & 35 Vict.
c. xciv.), s. 52-Street or park improvement---
Ultra vires-Injunction. (Attorney-General v.
Bradford Corporation), 342

Rates-Raising money by rate for Coro-
nation festivities--Previous sanction by Local
Government Board-50 & 51 Vict. c. 72, s. 5--
Interim injunction. (Attorney-General
East Barnet Valley Urban District Council,.

218

Rural district council-Parochial elector
Threat of litigation- Counsel's opinions --
Right to inspect-Local Government Act 1894
56 & 57 Vict. c. 73), s. 58, sub-s. 5. (Rex v.
Godstone Rural District Council), 11

Lunacy-Application for liberty to attend pro-
ceedings-Right of next of kin to attend. (Re
Marquess of Townshend), 517

registered name of moneylender-Moneylenders Act 1900 (63 & 64 Vict. c. 51), ss. 2, sub-s. 1 (c), 6. (Re Robinson; Clarkson v. Robinson (No. 2), 32 Mortgage-Sale-Admission by mortgagee of balance in hand-Action by mortgagor claiming larger sum-Order under Order XV.. r. 1, for an account-Certificate finding increased sum due from mortgagee-Costs. (Williams v. Jones), 33

Mortgagor and mortgagee-Demand for payinent off-Execution of reconveyance-Tender -Additional interest in lieu of notice-Keeping money idle after tender. (Edmondson r. Copland). 57

Motor-car Excise duty payable thereon Horse-power-Mode of calculating-Treasury regulations-Horse-power as ascertained by regulations Finance (1909-10) Act 1910 (10 Edw. 7, c. 8), s. 86, sub-s. 2. (London County Council, apps. r. Turner, resp.). 320

Heavy motor-car and trailer-Combined weight 9 tons-Registration as motor-carReregistration-Validity of-Locomotives Act 1898 (61 & 62 Vict. c. 29), s. 9-Heavy Motor Car Order 1904, arts, 3, 4 (5). (Pilgrim and others, apps. v. Simmons, resp.), 107 Municipal corporation-councillor-Disqualifi cation Contract with council - Councillor having held office for more than twelve months-No objection taken within that time

46 Councillor or qualified to be a councillor "-Municipal Corporations Act 1882. ss. 12, 14, 15, 73. (Forrester v. Norton), 270 Negligence-Agent-Disposal by contractor of sewage removed under contract from cesspools-No provision as to disposal in contract "Casual or collateral negligence Respondeat superior. (Robinson v. Beacons. field Urban District Council), 104

Cattle on highway-Open gate-No evidence as to by whom opened-Prima facie evidence of negligence- Burden of proof. (Ellis v. Banyard), 11

Railway company-Level crossing-User without interruption by railway companyDuty on railway company to take precautions. (Jenner v. South-Eastern Railway Company), 34

Act

Old age pension-Decision of local pension committee- Statutory conditions"Final and conclusive "-Old Age Pensions 1908 (8 Edw. 7, c. 40), s. 7. sub-s. 2. (Murphy . Attorney-General for Ireland), 56 Parliament-Registration of voters-Occupier or lodger Landlord resident in house Rooms let to tenant-Objection-Prima facie proof-Landlord rated for whole house Value of house over £8 a year-Representation of the People Act 1867 (30 & 31 Vict. c. 102), ss. 3, 7-Poor Rate Assessment and Collection Act 1869 (32 & 33 Vict. c. 41). Ss. 3, 4, 19-Parliamentary and Municipal Registration Act 1878 (41 & 42 Vict. c. 26). s. 14-Representation of the People Act 1884 (48 & 49 Vict. c. 3), s. 9. (Kent v. Fittall), 291 Partnership Covenant-Charge on partner's share "Gains and profits "-ConstructionDissolution by death-Principles on which accounts ought to be taken-Practice of partners-Partnership Act 1890 (53 & 54 Vict. c. 39), ss. 31. 44. (Garwood r. Garwood), 32

Joint and several liability of partners for instalments of a debt-Payment of instalments out of partnership assets-Judgment recovered for nonpayment of later instalments - - Satisfaction of judgment by one partner alone-Right to contribution-Right to assignment of the judgment-Breach of statutory obligation - Damages - Equitable

rights between the joint debtors-Suretyship -Right of surety to release-Mercantile Law Amendment Act 1856. (Dalo v. Powell; Powell v. Dale and Hood), 194 Patent-Expiration-Application to prolongIusufficient remuneration Separate claims

of

for distinct inventions-Power of the court to prolong certain claims and reject others -Patents and Designs Act 1907, s. 18. (Re Lodge's Patent), 9 Power of appointment-Exercise of, by will of domiciled Dutchwoman-Will made in Dutch form-Attestation in manner required by English law-Grant of probate in EnglandConstruction of will Applicability English law-Wills Act 1837 (1 Vict. c. 26), s. 27. (Re Pryce; Lawford v. Pryce). 104 Special power-Appointment equally by will among all the objects-Subsequent appointments by deed to some of the objectsAdemption-Rule against double portions"Portion." (Re Peel's Settlements; Biddulph v. Peel), 148 Practice-Action-Consent judgment-Damages

to be ascertained by special referee-Defendants to pay damages found-Subsequent

report finding amount payable-InterestForm No. 7u, appendix F to Rules of Supreme Court-Judgments Act 1838 (1 & 2 Vict. c. 110), ss. 17, 18. (Ashover Fluor Spar Mines Limited v. Jackson), 244 Practice-Administration action-Order without reservation of costs-Further consideration Liability of trustee for costs. (Re Gardner; Roberts v. Fry), 218

Contempt of court-Motion to commitService of copies of affidavits-Order XLII., rr. 6. 7-Order LII., r. A. (Tavlor Plinston Brothers and Co. Limited v. Plinston), 192, 578

Costs-Debtor who has received notice that his creditor has committed an available act of bankruptcy-Refusal to pay debt-Action by creditor-Payment of debt into court-Creditor's right to costs of action. (McCarthy . Capital and Counties Bank), 268

Costs Taxation - Non-contentious business-District Registrar of ManchesterJurisdiction-Solicitors Act 1843 (6 & 7 Vict. c. 73), s. 37. (Stead v. Smith), 147

Discovery Interrogatories - Action for malicious prosecution - Interrogatories by plaintiff as to information, inquiries, and reasonable and probable cause Order XXXI., rr. 1, 2. (Maass v. Gas Light and Coko Company Limited), 79

Fund in court-Jurisdiction-Certificates in respect of foreign bonds-Inquiry as to bonds outstanding-Distribution-Exclusion of bondholders not coming in. Church), 578

(Wilson v.

Interpleader-Issue directed to be tried by master-Findings of master-Right of appeal-Common Law Procedure Act 1860 (23 & 24 Vict. c. 126), s. 17-Order LVII., r. 11. (Cox v. Bown), 107

Judgment by consent-Undertaking by defendant corporation-Wilful disobedience -Writ of sequestration-Order XLII., r. 31. (Davis v. Rhayader Granite Quarries Limited), 79

Receiver Jurisdiction - Action for appointment of - Application in Chancery Division-Application for letters of adminis tration pending in Probate Division-Discretion. (Walters Non-Inflammable Cellolite Limited v. Wenge), 79

Writ-Service-Indorsement of serviceFailure to indorse date of service within three days-Default of appearance-Irregu larity which cannot be waived-Order IX., r. 15. (Hamp-Adams v. Hall), 268 Presumption of death-Remarriage of presumptive widow-Will of presumed second husband-Gifts to widow of testator during widowhood-Reappearance of first husbandEffect on gifts. (Re Hammond, deceased; Burniston v. White), 195

Public authority-Action against, in County Court-Notice of special defence-Public Authorities Protection Act 1893--Plea of Statute of Limitation without specifying Act -Sufficiency of plea-County Court Rules 1903 and 1904, Order X., rr. 14, 18. (Gregory . Corporation of Torquay), 81 Public health-Order to do certain workNon-compliance Work local done by authority-Notice of demand--Authentica tion of notice-Sufficiency of notice-Public Health Act 1875, SS. 36, 266. (Willis v. Rotherham Corporation), 57

Plans-Approval-Land subject to restrictive covenants-Plan showing proposed street on land-Practicability of plan-Jurisdiction to disapprove. (Rex r. Tynemouth Corporation; Ex parte Cowper), 58

Unsound meat-Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 116, 117-Public Health Acts Amendment Act 1890 (53 & 54 Vict. c. 59), 6. 28. (Salt. app. v. Tomlinson, resp.), 12 Railway Carriage of goods-Rates - False account of goods with intent to avoid payment of tolls--Misdescription of goods in consignment note-Offence-Railways Clauses Cousolidation Act 1845 (8 & 9 Vict. c. 20), s. 99. (General Electric Company Limited, apps. v. Evans, resp.), 12

Mines and minerals-Fireclay-Railways Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 33), s. 70. (Caledonian Railway Company v. Glenboig Union Fireclay Company), 7

Railway company Running powers another's line-Company A., with general running powers over Company B.'s line, purchasing undertaking of Company C., which has to and from a junction connecting the B. and C. lines limited running powers over B.'s lineWhether A., having entered B.'s line over the junction, has general or limited running

powers over B.'s line in connection with the C. line--Railways Clauses Act 1863 (26 & 27 Vict. c. 92), ss. 38, 39, 40, 41. (Great Central Railway Company . Midland Railway Company), 57

Rating Metropolis Reduction in value of premises Provisional valuation list New quinquennial valuation list--" List subsequently made "--Valuation (Metropolis) Act 1869 (32 & 33 Vict. c. 67), s. 47, sub-s. 8. (Parrish v. Hackney Borough Council), 245 Provisional list Appeal to quarter sessions Jurisdiction. (London County Council, apps. r. Shoreditch Borough Council, resps.), 12

Real estate--Conversion-Order by court for sale-Part of real estate unsold-Order operating as absolute--Conversion of unsold real estate into personalty. (Fauntleroy r. Beebe),

8

Registration of voters Dwelling house

Occupier rated in rate-book-Agreement by landlord to pay rates-Rates paid by landlord-Right of occupier to be on register of voters-Representation of the People Act 1867, s. 3, sub-ss. 3, 4. (Smith, app. v. Newman and others, resps.), 579

Restraint of trade Agreement Validity Reasonableness - United Kingdom Public policy Protection of covenantee Master and servant-Injunction. (Stuart and Simpson v. Halstead), 148 Revenue-Income tax-Foreign citizen living on yacht anchored in British port-Person "residing in the United Kingdom"-5 & 6 Vict. c. 35, s. 108-Income Tax Act 1853 (16 & 17 Vict. c. 34), sched. D. (Brown ". Burt), 317

Income tax--Lands vested in trustees for charitable purposes-Rents and profits from -Occupation--Allowances-Income Tax Act 1842 (5 & 6 Vict. c. 35), ss. 61 (No. VI.), 62. (Rex v. Special Commissioners of Income Tax; Ex parte Essex Hall), 79

Income tax-Royalties for user of patent - Deduction - Average of three years Royalties ceasing to be payable-Finance Act 1907 (7 Edw. 7, c. 13), s. 25 (1). (Lanston Monotype Corporation Limited v. Anderson), 291

Land tax-Railway tunnel-Liability to land tax-Redemption--Land Tax Act 1797 (38 Geo. 3, c. 5), s. 4-Land Tax Redemption Act 1802 (42 Geo. 3, c. 116), ss. 8, 38. (Central London Railway Company v. Commissioners for Land Tax for City of London), 292

Licence duty-Male servant - Luncheon club-Exemption in favour of Crown servants -Revenue Act 1869 (32 & 33 Vict. c. 14), ss. 18, 19 (3). (London County Council v. Houndle), 107 Stamp duty Debenture Marketable Security--Instrument for the disposition of interest in a ship-Stamp Act 1891 (54 & 55 Vict. c. 39). (Deddington Steamship Company Limited v. Commissioners of Inland Revenue), 292

-

Stamp viuty-Increase of nominal share capital Statement of amount of increase-Statutory right to convert-Caledonian Railway (Conversion of Stock) Act 1890 (53 & 54 Vict. c. cxxxv.), ss. 2, 3-Caledonian Railway Act 1898 (61 & 62 Vict. c. clxxxviii.), s. 37Caledonian Railway (General Powers) Act 1899 (62 & 63 Vict. c. cexv.), s. 65-Stamp Act 1891 (54 & 55 Vict. c. 39), s. 113. (Attorney-General v. Caledonian Railway Company), 269

Stamp duty--Settlement-ResettlementProvision for keeping up policies-Covenants in settlement only-Stamp Act 1891 (54 & 55 Vict. c. 39), s. 104. (Duke of Northumber land v. Commissioners of Inland Revenue), 232

Royal arms-Use in connection with businessUse calculated to lead to belief of royal warrant Admissibility of evidence-Injunction-Trade Marks Act 1905 (5 Edw. 7, c. 15), s. 68. (Royal Warrant Holders Association . Edward Deane and Beal Limited), 553 Sale of goods-Sale by description-Delivery of goods of a different kind-Claim by buyer for damages-Clause in contract excluding warranty Liability of seller. (Wallis and others v. Pratt and another), 32 Settled land-Capital moneys--ImprovementGolf course and clubhouse-"Open space Development of estate for building purposes -Settled Land Act 1882 (45 & 46 Vict. c. 38), s. 25, sub-ss. 17, 18. (Re Earl De La Warr's Settled Estates; Earl De La Warr . Buckley), 244

Mansion-house-Lease by tenant for lifeDilapidations-Payment by lessee of damages for breach of covenant to repair-Capital or

personalty by one of two executors and
trustees-Executor junctus officio. (Solomon
v. George Attenborough and Son), 80

v.

Charter party-Bill of lading-Arbitra-
tion clause-Incorporation. (Thomas and Co.
v. Portsea Steamship Company), 173

Marine insurance-Competency of master
-Warrant of seaworthiness- Non-disclosure
of material facts Valued policy Over-
insurance. (Thames and Mersey Marine
Insurance Company . Gunford Ship Com-
pany), 193

Solicitor Lien- Property recovered or pre-
served--Costs-Discretion of court-Solicitors
Act 1860 (23 & 24 Vict. c. 127), s. 28. (Re
Cockrell; Pinkey v. Cockrell), 218
Trade-Rival traders-Imitation of get-up of
rival's goods-Passing off. (Edge and Sons
v. Niccolls and Sons), 291
Trade mark Registration Surname

Adapted to distinguish "--" Distinction".
Trade Marks Act 1905 (5 Edw. 7, c. 15), s. 9,
sub-s. 5. (Re Trade Marks Act 1905; Applica-
tion of Pope's Electric Lamp Company
Limited), 318

Registration -Two letters with "&"'.
Distinctive mark-" Adapted to distinguish
-Trade Marks Act 1905 (5 Edw. 7, c. 15),
8. 3, 9, (5). (In the Matter of W. and G.
du Cros' Applications and in the Matter of
the Trade Marks Act 1905), 106
Trade union fund--Levy for political purposes
--Meaning of voluntary levy "--Levy for
election of labour members on local public
bodies -Boards of guardians. (Wilson
Amalgamated Society of Engineers and
others), 9

v.

Trustee - Breach of trust -- Administration -
Allowing time for payment--Loss to estate
- Trustee Act 1893 (56 & 57 Vict. c. 53), s. 21,
sub-s. 2. (Greenwood v. Firth), 292

Investment-Moneys arising under Settled
Land Acts-"Stocks or securities of any
British colony or dependency "-Power to
invest in stocks of provinces of Canada. (Re
Sir S. M. Maryon-Wilson's Will and Re
Settled Land Acts 1882 to 1890), 9

Power to continuing trustees to appoint
new trustees Action for breaches of trust-
Judgment by consent-Inquiries directed
Defendant trustees to pay costs--Trustees to
retire-Reference to chambers to appoint new
trustees Continuing trustees' right to
nominate. (Re Sales; Sales r. Sales), 553

Public Trustee - Administration of small
estate-" Gross capital__value" less than
£1000-Estate or trust-Time at which value
ascertained Public Trustee Act 1906

(6 Edw. 7, c. 55), s. 3, sub-ss. 1, 2. (Re
Devereux; Re Public Trustee Act 1906;
Toovey . Public Trustee), 319
Vendor and purchaser-Agreement for sale of
lease-Stipulation for formal contract-
Specific performance. (Hatzfeldt v. Alex-
ander), 293

Restrictive covenant by vendor-Equitable
negative easement Surrender of lease by
vendor-Grant of new lease-Liability of
lessee on covenant. (Wilkes v. Spooner and
another). 32

Specific performance-Contract-Deposit --
Stakeholder Rescission Forfeiture of
deposit. (Hall r. Burnell), 319

Specific performance -- Default by pur
chaser-Forfeiture of deposit-Rescission of
contract--Form of order-Practice. (Jones
r. Burnell), 219

Title Sale by trustees-Consent of tenant
for life-Implied power to vary investments
Settled Land Act 1882 (45 & 46 Vict. c. 38),
$56. (Re Pope's Contract), 293
Waterworks-Stopcock box attached to com-
munication pipe Liability of
Occupier of premises to repair-Metropolitan
Water Board (Charges) Act 1907 (7 Edw. 7,
clxxil, es
Water Board), 313
8 19. (Batt r. Metropolitan

C

Owner

or

Bequest to chapel building fund-Execu
tory bequest to same-Immediate bequest
held invalid in 1876 under statutes of mort-
main-Claim to executory bequest-Plea of
Res judicata-Mortmain and Charitable Uses
Act 1888 (51 & 52 Vict. c. 42)-Application of
Act to building fund. (Re Richard Surfleet's
Estate; Rawlings r. Smith), 578

Construction-Bequest of the amount of
one year's wages -Servants (indoor and
outdoor) Weekly wages. (Re Earl of
Sheffield; Ryan e. Bristow), 105

Construction-Charity-Bequest for bene-
fice Augmentation fund - Condition - Not
held in plurality "-Benefice united with
two others-Condition not operative. (Re
Macnamara; Hewitt r. Jeans), 10

Construction-Devise of freehold house
and premises-Specific description - - Subse-
quent purchase of plots of land-Trustees'
powers of investment - Preference stock
Contrary intention within meaning of Wills
Act 1837, s. 24. (Re Willis; Spencer v.
Willis), 149

Construction--Gift of residue-Intention
-Equality of portion - Interest →→ Advanced
children Period of distribution.
(Re Wil-
loughby (deceased); Willoughby v. Decies),
148

Construction-Gift to issue-" Per stirpes"
Determination of stirpes. (Re Dering;
Neath . Beale), 293

Construction Settlement estate duty-
Legacies and annuities- Free from legacy
duty respectively" Residuary converted
realty and personalty --"Testamentary ex-
penses, debts, and legacies, and the annuities
hereinbefore directed to be paid "--As well
as all settlement estate duty -Substitutional
legacies by codicil Finance Act 1896 (59 &
60 Vict. c. 28), s. 19, sub-s. 1). (Re Sir
R. W. H. Palmer; Leventhorpe r. Palmer),

244

Legacy of specific shares on attaining
twenty six years"- Severed gift-Whole or
part of income given to legatee meanwhile--
Gift of accumulations to legatee at twenty-six
-Whether legacy vested or contingent. (Re
Baron Nunburnholme; Wilson . Nunburn-
holme). 579

Settled land - Licensed premises
Non
renewal of licence-Compensation-Capital or
income-Licensing Act 1904 (4 Edw. 7, c. 23),
s. 2. (Re Bladon; Dando r. Porter), 245
Workmen's compensation -Employer and work-
man Accident Compensation Agree-
ment Award Review Termination
Burden of proof-Light work at old rates of
wages--Workmen's Compensation Act 1906
(6 Edw. 7, c. 58), sched. 1, par. 1 (b); sched. 2,
par. 9 (b). (Cory Brothers and Co. Limited
r. Hughes), 194

www.

-

Employer and
Death

---

Workmen's compensation
workman Accident
Matter
referred to medical referee after death-
Jurisdiction Power subject to regula.
tions No regulations made Work-
men's Compensation Act 1906 (6 Edw. 7,
c. 58), sched. 1, par. 15; sched. 2, pars. 5, 12,
15-Workmen's Compensation Rules, rr. 53,
54-Form 48. (Carrolan v. Harrington), 104
Employer and workman Accident
course of employment Compensation
Workmen's Compensation Act 1906. (Walters
v. Staveley Coal and Iron Company), 103
Employer and workman-Compensation
-Accident arising out of employment-Sea-
man drowned while returning
(Kitchenham v. Owners of the Steamship
to ship.
Johannesburg), 125

Employer and workman-Compensation-
Dependant- Partial dependency-Principle
on which compensation assessed-Workmen's
Compensation Act 1906 (6 Edw. 7, c. 58).
(Tamworth Colliery Company e. Hall), 147

Employer and workman-Death by acci-
dent--Compensation-Accident arising out of
and in the course of employment-Work-
men's Compensation Act 1906 (6 Edw. 7,
c. 58). (Evans and Co. v. Astley), 291
Employer and workman-Death by acci-
Compensation - Claim by widow
Dependant-Question of fact Workmen's
Compensation Act 1906 (6 Edw. 7, c. 58).
(New Monckton Collieries Limited . Keel-
ing), 267

dent

-

Employer and workman-Death by acci-
dentarising out of" employment-Dis-
appearance of sailor from ship at
Workmen's Compensation Act 1906 (6 Edw. 7,
c. 53). (Owners of The Swansea Vale v.
Price), 31

sea-

Employer and workman-Death by acci-
dent arising out of employment-Liability to
pay compensation.
Ship Duchess), 173
(Hewitt r. Owners of

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
wilful misconduct "-Workmen's Compensa-
tion Act 1906 (6 Edw. 7. c.
sub-s. 2 (c). (Harding . Brynddu Colliery
58), s. 1.
Company Limited), 147

Employer and workman-Death caused by
accident-Compensation-Claim by depen-
dants-" Accident arising out of and in the
course of the employment "-Risk not neces
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-
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
doctor as
to statement made to him by
deceased workman-Workmen's Compensa-
tion Act 1906 (6 Edw. 7, c. 58), s. 1. (Amys
r. Barton), 577

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. (Gilmour v. 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'
Workmen's Compensation Act 1906 (6 Edw. 7,
c. 58), s. 1. (Curtis r. 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

Employer and workman-Injury by acci
dent-Compensation-Proceedings not
menced within six months of the time of the
com-
accident-Public Authorities Protection Act
1893 (56 & 57 Vict. c. 61). s. 1-Workmen's
Compensation Act 1906 (6 Edw. 7. c. 58), s. 1.
(Frye. Mayor, &c., of Cheltenham), 577

Employer and workman-Injury by acci-
dent-Compensation-Sunstroke-Abnormal
risk by reason of nature of occupation-
Workmen's Compensation Act 1906 (6 Edw. 7,
c. 58), s. 1. (Davies r. Gillespie), 553