Page images
PDF
EPUB
[blocks in formation]

Finance (1909-10) Act, 1910. 184, 507

NOTES AND

QUERIES.

Illegitimate child of testatrix-Stranger in Quarter sessions practice Death of appellant
blood, 541

Income tax duty repayment, 494, 541

in rating appeal, 458, 495
Rating, 495

Insolvent trader-Death-Decd of assignment by Settlement estate duty, 92

executor, 563

Intestacy, 306

Jurisdiction of City coroner, 426

Lease to a trade union, 458

Letters of administration to creditor, 393, 409

Life interests and reversions, 494, 507

Mortgagee-Sale-Exchange, 351
Negligence Agency, 332

Solicitor-Costs-Case wanted, 24, 46
Solicitor-Professional etiquette. 442
Solicitors' certificates -Stamp duty, 586
Stamp duty, 69, 91

Summary Jurisdiction

Acts-Conviction for

drunkenness Right of appeal to quarter
sessions-Licensing (Consolidation) Act 1910,

332

Tenancy-Notice to quit, 374, 393

Finance (1909-10) Act, 1910- Increment value Petty sessions-Relieving officer-Appearing for Tenants in common-Conveyance, 442
duty, 136, 154

Golf club- Inland revenue licences, 46
Husband and wife-Ownership of dog, 154

guardians, 24

Promissory note, 351, 393, 409, 426
Public Health Act 1875, s. 23, 24, 46

Trustee Act 1893. 442, 495

Urban council - Clerk's fee, 184, 231
Will Lunacy, 494

Amys t. Barton, 577

NOTES OF RECENT DECISIONS.

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

Arnold . 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 . Caledonian Railway Com-,
pany, 269

Attorney General r. 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 r. Addison, 8
Biddulph r. Peel, 148

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

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

Brinson v. Davies, 34

Broad, Re; Er parte Official Receiver, 579
Brown t. Burt, 317

Bulawayo and General Exploration Company
(1906) Limited and Reduced, Re, 269
Burghes . Attorney-General, 33
Burniston r. White. 195

Caledonian Railway Company ".

Union Fireclay Company, 7

Calver r. Collett. 9

[blocks in formation]
[blocks in formation]

Debtor. A, Re; Ex parte The Debtor (No. 305
of 1911), 147

Deddington Steamship Company Limited t.
Commissioners of Inland Revenue, 292

De la Rue (Thomas) and Co. Limited ard
Reduced, Re, and Re Companies (Consolida
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

General Electric Company Limited r. Evans,

12

Gillow and others v. Durham County Council,
317

Gilmour . Dorman, Leng, and Co. L.mited,

[blocks in formation]

Harris and others v. Lord Chesterfield and Nisbet's Settlement, Re; Nisbet v. Nisbet, 57 another, 268

Hatzfeldt . Alexander, 293
Haynes v. Ford, 8

Helliwell v. Haskins, 80

Henderson's Nigel Company Limited, Re, 218 Hewitt v. Jeans, 10

Hewitt v. Owners of Ship Duchess, 173 Hodson r. Blanchards (London) Limited, 9 Howarth v. Sir B. Samuelson and Co. Limited, 194

Hutchins Brothers v. Royal Exchange Assurance, 104

Ind, Coope, and Co. Limited, Re; Fisher .
The Company; Knox v. Same; Arnold v.
Same, 105
Jenner
34

. South-Eastern Railway Company,

Jobson v. W. Cory and Sons Limited, 147
Johnston and others v. O'Neill and others, 268
Jones v. Burnell, 219
Keates

. Lewis Merthyr Consolidated Collieries, 268 Kent v. Fittall, 291

Kitchenham v. Owners of Steamship Johannesburg, 125

Knight (M. B.), dec., Re; Wadey v. Parrott, 578

Knill v. Dumergue, 9, 217

Knox v. Ind, Coope, and Co. Limited, 105 Koffyfontein Mines Limited . Moseley, 103 Kynoch Limited . Rowlands, 148

Lacon's Settlement, Re; Lacon v. Lacon, 104 Lanston Monotype Corporation Limited Anderson, 291

Lawford v. Pryce, 104

Leeds Corporation r. Sugden, 317

Leventhorpe r. Palmer, 244

Lodge's Patent, Re, 9

[ocr errors]

Logan (Thomas) Limited v. Davis, 33, 243 London County Council r. Houndle, 107 London County Council r. Shoreditch Borough Council, 12

London County Council r. Turner, 320

Maass 1'. Gas Light and Coke Company
Limited, 79

McCarthy v. Capital and Counties Bank, 268
Macnamara, Re; Hewitt v. Jeans, 10
Malling v. Addison, 8

Marquess of Townshend, Re, 577
Maryon-Wilson's (Sir S. M.) Will, Re, and
Re Settled Land Acts 1882 to 1890, 9
M. B. Knight (dec.), Re; Wadey r. Parrott,
578

Merryfield, Ziegler, and Co. v. Liverpool
Cotton Association Limited, 105
Montague v. Davies, Benachi, and Co., 10
Moran and another v. Jones, 10
Moss Steamship Company . Whinney, 193
Mowats Limited v. Hudson Brothers Limited,

317

Murphy v. Attorney-General for Ireland, 56 Neath v. Beale, 293

New Monckton Collieries Limited v. Keeling, 267

Noden v. Galloways Limited, 553
Northumberland, Duke of v. Commissioners of
Inland Revenue, 292

Nunburnholme, Baron, Re; Wilson v. Nun-
burnholme, 579
O'Shea, Re, 268

Owners of Steamship Raphael v. Brandy, 125
Owners of The Swansea Vale v. Price, 31
Palmer, Re; Thomas v. Marsh, 269
Palmer (Sir R. W. H.), Re; Leventhorpe v.
Palmer, 244

Parker . Pout, 552

Parrish . Hackney Borough Council, 245
Parton, Re; Parton v. Parton, 106
Peel's Settlements, Re; Biddulph v. Peel, 148
Phillips . Vickers, Son, and Maxim, 553
Pilgrim and others v. Simmonds, 107
Pinkey . Cockrell, 218

Plasycoed Collieries Company Limited 2.
Partridge, Jones, and Co. Limited, 10
Pope's Contract, Re, 293

Pope's Electric Lamp Company Limited, Appli

cation of, 318

Powell v. Dale and Hood, 194
Pryce, Re; Lawford v. Pryce, 104
Ramoneur Company Limited v. Brixley, 10
Ransom v. Platt, 8

Raphael, Owners of Steamship v. Brandy, 125
Rawlings v. Smith, 578

Rayner v. Mayor, &c., of the Borough of
Stepney, 218

Rex v. Commissioner of Metropolitan Police;
Ex parte Holloway, 317

Rex r. Godstone Rural District Council, 11
Rex r. Hill, 579

Rex v. Martin and another; Ex parte Smythe,

81

[blocks in formation]

Robson v. Paterson, 106
Rose v. Morrison and Mason Limited, 147
Royal Warrant.Holders Association r. Edward
Deane and Beal Limited, 553
Ryan v. Bristow, 105
Sales, Re; Sales v. Sales, 553
Salt v. Tomlinson, 12

Sheffield (Earl of), Re; Ryan v. Bristow, 105
Sir Daniel Cooper, Bart., Re; Cooper v.
Cooper, 33

Sir R. W. H. Palmer, Re; Leventhorpe v. Palmer, 244

Sir S. M. Maryon-Wilson's Will, Re, and Re Settled Land Acts 1882 to 1890, 9.

Sly, Spink, and Co. Limited, Re, 194
Smith 1'. Martin and the Mayor, &c., of
Kingston-upon-Hull, 78

Smith r. Newman and others, 579

Smith Brothers (Whitehaven) Limited v. Redfearn. 318

Solomon . George Attenborough and Son, 80

Spencer r. Willis, 149

Spurge, Re; Calver v. Collett, 9
Stead r. Smith 147

Stevenson v. Stevenson, 268

Stuart and Simpson v. Halstead, 148 Surfleet's (Richard) Estate, Re; Rawlings v. Smith, 578

Swansea Vale, The, Owners of v. Price, 31 Tamworth Coliery Company v. Hall, 147 Taylor Plinston Brothers and Co. Limited v. Plinston, 292, 578

Tewkesbury Gas Company Limited, Re; Tyso r. The Company, 194

Thames and Mersey Marine Insurance Company . Gunford Ship Company, 193 Thomas v. Marsh 269

Thomas and Co. v. Portsca Steamship Company, 173

Thomas Cooper, Re, 147

Thomas De la Rue and Co. Limited and Reduced, Re, and Re Companies (Consolidated) Act 1908, 318

Thomas Limited . Houghton, 319
Thomas Logan Limited v. Davis, 33. 243
Toovey v. Public Trustee, 319

Townshend, Marques of, Re, 577

Trade Marks Act 1905, Re; Application of Pope's Electric Lamp Company Limited, 318

[blocks in formation]

Ademption Specific legacy-Testator becoming lunatic-Sale of legacy by the court-Testator's partial recovery-Lunacy Act 1890 (53 Vict. c. 5). s. 123. (Re Palmer; Thomas v. Marsh), 269

Administration-Intestacy-Distribution of personal estate-Children of marriage-Children of deceased wife's sister-Deceased Wife's Sister's Marriage Act 1907 (7 Edw. 7, c. 47), 65. 1, 2. (Re Green; Green v. Meinall), 105 Adulteration of food- Milk - Purchase of sample-Sample procured “in course of delivery "-Offence-Sale of Food and Drugs Act Amendment. Act 1879 (42 & 43 Vict. c. 30), s. 3. (Helliwell (app.) v. Haskins (resp.), 80

Milk-Warranty-Information for giving false warranty-Limited company-Liability of company for offence-Sale of Food and Drugs Act 1875, s. 25-Sale of Food and Drugs Act 1893, s. 20 (6). (Chuter v. Freeth and Pocock Limited), 80 Agreement in restraint of trade-Covenant not to carry on or be concerned in carrying on a businessActing as servant-Question of liability. (Ramoneur Company Limited v. Brixley), 10 Annuity-Charge on easements and chattels Deed of grant-Construction-Whether real or personal estate-No rentcharge createdSpecial Act-Statutory undertaking. (Re Baxter's Trusts; Malling r. Addison), 8

SUBJECTS OF CASES.

Annuity-Sequestration-Indian Civil Service annuity Assignability (Indian) Pensions Act (No. XXIII. of) 1871, ss. 11. 12-East India Annuity Funds Act 1874 (37 Vict. c. 12). (Knill r. Dumergue), 9, 217 Bailment-Furniture deposited with warehouseman-Claim to furniture by person other than bailor-Magistrate's order for delivery up of goods to claimant-Liability of bailee to true owner-Metropolitan Police Act 1839 (2 & 3 Vict. c. 71), s. 40. (Ransom v. Platt), 8 Bankruptcy Bankruptcy notice- Validity -Notice directing payment of judgment debt

either to the creditors or their solicitorPayment not required in accordance with terms of the judgment--Bankruptcy Act 1883 (46 & 47 Vict. c. 52), s. 4 (g). (Re A Debtor; Er parte The Debtor (No. 305 of 1911). 147

Executor-Retainer--Bankruptev Act 1883 (45 & 47 Vict. c. 52), s. 125. (Re Broad; Ex parte Official Receiver), 579

[ocr errors]

Petition" Sufficient cause why receiving order should not be made Knowledge by creditor that debtor in difficulties-Right of creditor to commence action to recover debtClaim which cannot be supported in lawExtortion Bankruptcy Act 1883 (46 & 47 Vict. c. 52), s. 7, sub-s. 3. (Re A Debtor), 36

Receiving order-Bankruptcy noticeValidity-Judgment debt-Income tax- Deduction-Income Tax Act 1842 (5 & 6 Vict. c. 35), s. 102-Income Tax Act 1853 (16 &

17 Vict. c. 34), s. 40. (Re Thomas Cooper), 147 Bankruptcy-Unregistered moneylender-Loan -Judgment for amount-Arrangement as to payment of judgment debt-Bankruptcy of debtor-Proof based on arrangement-Jurisdiction of court to go behind judgmentin Illegality-" Arrangement respect of advance and repayment of money "-) -Moneylenders Act 1900 (63 & 64 Vict. c. 51), s. 2. sub-s. 1 (c). (Re Campbell; Ex parte Seal),

317

on

Bread-Weights-Proper and sufficient-Bread Act 1835 (6 & 7 Will. 4, c. 37), s. 7. (Turner, app. r. Holder, resp.), 80 Borrowing-Carrying Building societybanking business-Ultra vires-Winding upPriorities of outside creditors, shareholders. and depositors. (Re Birkbeck Permanent Benefit Building Society), 269 Commission-House agent -Commission note on sale of licensed premises-Person prepared to purchase found by agent Sale by ownerRight of agent to commission. (Brinson r. Davies), 34 Company-Action by--Company unable to par costs of defendant if unsuccessful-Security for costs-Remission of case to County CourtCompanies (Consolidation) Act 1908 (8 Edw. 7), s. 278-County Courts Act 1888 (51 & 52 Vict. c. 43), s. 66. (Plasycoed Collieries Company Limited 1'. Partridge, Jones, and Cò. Limited), 10

[blocks in formation]

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 e. The Com-
pany; Knox r. Same; Arnold v. Same), 105

(Re

Re

Memorandum of association-Reorganisa-
tion of share capital-Companies (Consolida
tion) Act 1908 (8 Edw. 7, c. 69), s. 45.
Ashanti Development Limited and
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 prescribed
form"-Illegal payment-Companies (Consoli-
dation) Act 1908 (8 Edw. 7, c. 69), s. 39.
(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
(Re
Thomas De La Rue and Co. Limited and
Reduced and Re Companies (Consolidation)
Act 1908), 318

shareholder.

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-Companics (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

[ocr errors]

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
Juris-
jurisdiction"Subsisting claims
diction of court to adjust and set off-
Employers and Workmen Act 1875 (38 & 39
(Keates
Vict. c. 90), ss. 3, 4.
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

Public
Navigable non-tidal lake-
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. r. Houghton, resp.), 319
Friendly society-Action in County Court to
recover benefit-Jurisdiction of County Court
judge-Friendly Societies Act 1896 (59 & 60
Vict. c. 25), s. 68 (6). (Ritson v. Dobson), 11
Gaming-Money paid "in respect of a
gaming contract-Guarantee of overdraft at
Act
bank Bankruptcy-Petition-Gaming
1892 (55 & 56 Vict. c. 9), s. 1. (Re O'Shea),
268

[ocr errors]

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

Infant-Legacy-To be paid on attaining
eighteen-No direction that infant's receipt
should be a sufficient discharge-Rate of
interest Costs Testamentary expenses
Order LXV., г. 14в. (Re Parton; Parton v.
Parton), 105
Insurance
Inchmaree clause
Damage to hull through latent defect exist-
ing prior to the policy-Latent defect
becoming patent through wear and tear
during currency of policy. (Hutchins
Brothers v. Royal Exchange Assurance), 104
Justices-Summary jurisdiction - Consecutive
sentences of imprisonment-Jurisdiction of
justices to impose - Summary Jurisdiction
Act 1848 (11 & 12 Vict. o. 43), s. 25. (Rex t.
Martin and another; Er parte Smythe), 81

Education-Provided school-Injury to child-Landlord and tenant-Fixtures-Trade fixtures

Alleged negligence of teacher-Liability of
education authority. (Smith r. Martin and
the Mayor, &c., of Kingston upon Hull), 78

[blocks in formation]

Covenant.

right of removal of trade fixtures provided
by him under the
(Mowats
Limited v. 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
Business and
Compensation
Licensing
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
r. 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). (Copestake
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
street 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

V.

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. (he
Marquess of Townshend), 577
Market-Statutory market-Market rights-
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.
Ford), 8

Marriage settlement-Construction-Covenant
to pay 50,000/. to trustees-Annuity of

to widow out of annual income-If income
not clear annual sum of 20007.," covenant
to make up deficit-Gross income less than
2000/---Whether deficit payable after deduct

ing

income tax. (Re Sir Daniel Cooper,
Bart; Cooper r. Ccoper), 33
Metropolis-Cabs-Licence to ply for hire -
Commissioner of Police-Discretion to grant
licence--Metropolitan Public Carriage Act
1859 (32 & 33 Vict. c. 115), ss. 6, 11--Order as
to Hackney and Stage Carriages of 1907. (Rex
v. Commissioner of Metropolitan Police; Er
parte Holloway), 317
Misdirection-Mistake of fact- Effect on jury
-Onus on prosecution to show that jury s
unaffected thereby. (Rex r. Savidge), 519

Omission to leave defence to the jury-
Miscarriage of justice. (Rex r. Hill), 579
Moneylender-Transaction purporting to be
out-and-out transfer of property-" Advance
and repayment of money Security for
money"-Security taken otherwise than p

registered name of moneylender-Moneylenders Act 1900 (63 & 64 Vict. c. 51), es. 2, sub-s. 1 (c), 6. (Re Robinson; Clarkson r. Robinson (No. 2), 32 Mortgage-Sale-Admission by mortgagee of balance in hand-Action by mortgagor claim ing larger sum-Order under Order XV.. r. 1, for an account-Certificate finding increased sum due from mortgagee-Costs. (Williams r. 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-Disqualification Contract with council - Councillor having held office for more than twelve months-No objection taken within that time -"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

[ocr errors]

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

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

Old age pension-Decision of local pension committee Statutory conditions "Final and conclusive "-Old Age Pensions Act 1908 (8 Edw. 7, c. 40), s. 7. sub-s. 2. (Murphy v. 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 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 prolongJusufficient remuneration Separate claims

Equitable

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 of English law-Wills Act 1837 (1 Vict. c. 26), s. 27. (Re Pryce; Lawford v. Prvce). 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 referce-Defen dants 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 with out reservation of costs-Further consideration Liability of trustee for costs. (Re Gardner; Roberts . 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 debtAction by creditor-Payment of debt into court-Creditor's right to costs of action. (McCarthy. Capital and Counties Bank),

268

[ocr errors]

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, aud reasonable and probable cause Order XXXI., rr. 1, 2. (Maass r. 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. (Wilson v Church), 578

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 ap. pointment 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 r. Corporation of Torquay), 81 Public health-Order to do certain workNon-compliance Work done by local 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

[ocr errors]

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 . Glenboig Union Fireclay Company), 7

Railway company Running powers over 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 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

policy

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 . 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 duty 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-Resettlement — Provision 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), 292

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 2. 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

---

income-Tenant for life-Settlement trustees Will-Administration-Pawnbroker-Pledge of Workmen's compensation -
--Settled Land Act 1882 (45 & 46 Vict. c. 38)
88. 6, 15, 45, 53-Settled Land Act 1890 (53 &
54 Vict. c. 69), ss. 7, 10. (Re Lacon's Settle-
ment; Lacon . Lacon), 104
Settlement-Shares-Bonus

or income.

dividend-Capital

(Re Nisbet's Settlement; Nisbet

r. Nisbet), 57

Trust for class on attaining twenty-one-
Some members of class under age-Will-
Construction-Right to income-Divesting-
Trustees for purposes of the Settled Land
Acts-Executory disposition over-Possession
of title deeds-Settled Land Act 1882 (45 &
46 Vict. c. 38), s. 58, sub-s. 2. (Re Walmsley's
Settled Estates), 106
Ship-Bill of lading-Lien for unpaid freight
due from limited company -Shipment by
receiver Right to exercise lien against
receiver. (Moss Steamship Company v.
Whinney), 193

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

Over-

Marine insurance-Competency of master
-Warrant of seaworthiness Non-disclosure
of material facts Valued policy
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

[ocr errors]

Registration-Two letters with "&".
Distinctive mark-" Adapted to distinguish
-Trade Marks Act 1905 (5 Edw. 7, c. 15).
*. 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
(Wilson
bodies Boards of guardians.
Engineers and
Amalgamated Society of
others), 9
Administration--

Trustee

---

[ocr errors]

Breach of trist
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 v. 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 r. Public Trustee), 319
Vendor and purchaser-Agreement for sale of
lease - Stipulation for formal contract-
Specific performance. (Hatzfeldt r. 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 r. 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 owner
occapier of premises to repair Metropolitan
Water Board (Charges) Act 1907 (7 Edw. 7,
clxxi ). 8 19. (Batt r. Metropolitan
Water Board), 313

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

[ocr errors]

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 . 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. 26), s. 19, sub-s. 1). (Re Sir
R. W. H. Palmer; Leventhorpe r. Palmer),
244

Executory bequest to members of a class
and their "issue"- Issue to take the parent's
share Meaning of "* issue." (Re M. B.
Knight (deceased); Wadey r. Parrott), 578
Gift to trustees to apply income to par-
ticular charitable
purposes Charity
existence at testator's death- Subsequent
amalgamation with another charity-Cy-près.
(Re Geikie; Robson r. Paterson), 106

[blocks in formation]

Settled land Licensed premises
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
v. Hughes), 194

Employer and workman-Accident-Com-
pensation- Award by committee-Applica-
tion to County Court to review-Jurisdiction
Rufusal to hear application-- Appeal
Court of Appeal - Divisional Court-Work-
men's Compensation Act 1906 (6 Edw. 7,
c. 58), sched. 2, pars. 1 and 4. (Howarth e.
Sir B. Samuelson and Co. Limited), 194

Employer and workman-Accident- Com-
pensation-Partial recovery-Capacity to do
light work-Injury by use of machine For-
mer accident contributing to present in-
capacity-Claim in respect of earlier accident
Right to consider effect on later occasion
Liability of employer Workmen's Com-
pensation Act 1906 (6 Edw. 7. c. 58), s. 1.
(Noden v. Galloways Limited), 553

Employer and workman Accident Com-
pensation-Payment on production of certifi
cate from medical man-Implied agreement
Registration- Workmen's Compensation
Act 1906 (6 Edw. 7, c. 58). (Phillips r.
Vickers, Son, and Maxim). 553

Employer and workman-Accident- Com-
pensation-Recovery-Termination of agree-
ment-Subsequent death of workman-Right
of dependants to claim compensation-Work-
men's Compensation Act 1906 (6 Edw. 7.
c. 58), s. 1. sub-s. 2 (b). (Jobson v. W. Cory
and Sons Limited), 147

Employer and
workman Accident Death 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

[ocr errors]

Employer and workman-Accident in
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 to ship.
(Kitchenham r. Owners of the Steamship
Johannesburg), 125

-

Employer and workman-Compensation---
Amount Concurrent contracts of service-
Member of Royal Naval Reserve-Annual
retainer-Workmen's Compensation Act 1906
(6 Edw. 7, c. 58), s. 9; sched. 1, par. 2 (b).
(Owners of Steamship Raphael v. Brandy),
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-
dent 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

[ocr errors]

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

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

Employer and workman-Death caused by
accident-Compensation - Claim by depen-
dant-" Accident arising out of and in the
course of the employment ”—“
wilful misconduct "-Workmen's Compensa-
-"Serious and
tion Act 1906 (6 Edw. 7. c.
sub-s. 2 (c). (Harding e. 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 . 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

com-

Employer and workman-Injury by acci-
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
Compensation Act 1906 (6 Edw. 7, c. 58). s. 1.
(Fry e. 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

« EelmineJätka »