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Abbott r. Sharer, 590
Attorney-General r. Horner, 252
Ayers r. Hansom, 253


Baker (H. T.), a solicitor, Re, 126
Ball v. William Hunt and Sons Limited, 56
Barker Motion Photograph Company Limited
r. Hulton and Co. Limited, 229

Barnard Oil and Gas Company v. Farquharson,

Baylis r. Bishop of London, 177
Beck v. Lysons, 308

Benz et Cie. Rheinische Automobile in

Motoren Fabriken Aktiengesellschaft Trade
Mark Application, Re, 9

Birkbeck Permanent Benefit Building Society,
Re, 79

Bonacina (dec.), Re; Le Brasseur v. Bonacina,
8, 223

Bradley and Cohn Limited r. Ramsay and Co.,

British Association of Glass Bottle Manufac-
turers r. Nettlefold, 305

British Westinghouse Electric and Manufac-
turing Company . Underground Electric
Railways Company of London, 305
Brooks r. Billingham, 8

Brown r. Hodgson and others, 282

Buckley r. Buckley, 591

Bull r. Trevor-Batve, 177

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Hills, Re; Ex parte Lang, 308
Hoare v. Kingsbury Urban District Council,

Hodgson, Re; Weston v. Hodgson, 590
Houghton r. Pilkington, 207

Howe v. Fernhill Collieries Limited, 306
H. Stevenson and Son Limited v. Brownell;
Healy and others, Claimants, 175

H. T. Baker, a Solicitor, Re, 126

Hurst and Middleton Limited, Re, 223
Hyman v. Rose, 56

International Correspondence Schools Limited
1 v. Ayres, 10

Irwin . Waterloo Taxi-cab Company Limited,

James Daniels, Re; Weeks v. Daniels, 9
Jenner v. McNab, 230

John Haddon and Co. v. R. P. Bannerman and
Son, 229

Jones, Re; Ex parte George Newnes Limited

and the Associated Newspapers Limited, 283
Jones v. Jones, 591

Jones, Sir A. L., Re; Williams v. Attorney
General, 33

Joseph Seaton (dec.), Re; Ellis r. Seaton and
others, 80

Jury v. Owners of Steamship Atlanta, 306
Kirksopp r. Heighton, 205

Burwash Frederick Leyland and Co. Foss, Bilbrough, Plaskitt, and Foss, Solicitors, Kish v. Taylor, 56


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Re, 58

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Castello r. London General Omnibus Company Fry, Re; Fry v. Fry, 59
Limited, 305

Cave and another r. Horsell, 281

Clinton r. J. Lyons and Co., 103

Clydesdale Bank Limited r. Schroder and Co.,

Coelenbier r. De Sommery, 349

Coker r. Bolton and others, 283

Fruit and Vegetable Growers' Association
Limited . Kekewich and others, 34
Funnell, Re; Dyne v. Funnell, 331
Galloway v. Schill, Seebohm, and Co. Limited,


Garnant Anthracite Collieries Limited . Rees,


Genn r. Winkel, 176

Cooper r. Micklefield Coal and Limo Company Goodfellow r. Nelson Line (Liverpool) Limited,
Limited, 254

Cowern r. Nield, 59

Cresswell r. Jones and another, 10
Curates or Assistant Curates in the Church of
England, employment of, Re, 331
Daniels, James, Re; Weeks r. Daniels, 9
Debtor, A. Re: Ex parte The Debtor r. Peti
tioning Creditors and Official Receiver, 35
Debtor, A, Re; Ex parte Judgment Creditors
r. The Debtor, 205

Debtor, A (No. 21 of 1912). Re, 591
Debtor, A (No. 837 of 1912), Re, 205
Debtor, A (No. 211 of 1912), Re; Er parte The
Debtor, 153

Deeley r. Lloyds Bank, 328

De la Warr's (Earl) Settled Estates, Re, 229
Denham-Cookes (dec). Re; Denham-Cookes v.
Denham-Cookes, 102

Dental Manufacturing Company Limited v.
C. de Trey and Co.. 252

De Sommery, Re; Ceelenbier v. De Sommery,



Green v. Garbutt and ethers, 330

Griffith v. Richard Clay and Sons Limited, 55
Guardians of St. Matthew, Bethnal Green
Guardians of Paddington, 82
Hackney Furnishing Company . Watts, 60
Hackney Union . Kingston-upon-Hull Incor.
poration for the Poor, 56

Haddon (John) and Co. v. R. P. Bannerman
and Son, 229

Hall, Re; Watson r. Hall, 177
Harrowing Steamship Company Limited r.
William Thomas and Sons, 308
Hart, Re; Er parte Green, 175
Hawkes (dec.), R; Reeve 2. Hawkes and
others, 102

Healy r. Wright, 80

Herman, Re: Herman r. Herman, 230
Hewett Hattersley, 82

H. G. Teale, Re; Ex parte II. G. Blackburn,
Trustee . Union of London and Smiths Bank
Limited, 35

Knolly's Settlement, Re; Sanders v. Haslem,

Krzus v. Crow's Nest Pass Coal Company, 204
Ladenburg (W.) and Co. r. Goodwin, Ferreira,
and Co. Limited (in Liquidation), and J. P.
Garnett (the Liquidator), 283

Laing (dec.), Re; Laing r. Morrison, 254
Lawson v. Guardians of Marlborough Union,
Leach, Walter, Re; Leach t. Leach, 207

Lee v. Stag Line Limited, 329
Le Brasseur v. Bonacina, 8, 228
Lecker. Mayor, &c., of Portsmouth, 262
ces v. Lovie, 81

Lingke v. Christchurch Corporation, 231
Lloyds Bank Limited r. Swiss Bankverein:
Union of London and Smiths Bank Limited
. Swiss Bankverein, 254
London County Council v. Jones and Co., 11
Loraine . Loraine, 280
Luby r. Warwickshire Miners' Association, 253
Lysons, Re; Beck v. Lysons, 308

Macdonald v. Wilson and Clyde Coal Company,

McFee, Re; McFee v. Toner, Edwards t.
Toner, 330

Mackenzie . Johnstone, 328

Martin v. Great Eastern Railway Company,


Mason (Trustee of Chetwynd, a Bankrupt) r.
Bolton's Library Limited, 126
Matthews r. Matthews, 60

Mayor, &c., of Swansea . Harpur. 154
Mellor, e; Dodgson r. Ashworth, 177
Mentors Limited . Evans, 33
Metropolitan Water Board t. Phillips, 252

Meyers r. Heuncil, 57

Rex r. Templer: Ex parte Howarth, 34

Ministers of the United Methodist Church, Rix, Re; Rix v. Rix. 58
employment of, Re, 282

Ministers (under Probation) of the Wesleyan
Methodist Church, employment of, Re, 282
Minturn r. Barry, 80

Mitchell . Owners of Steamship Saxon, 280
Morris v. Godfrey, 11

Munzer v. Munzer and Swain, 332
National Insurance Act 1911. Re, 331
Newen. Re: Smiles r. Carruthers, 589
New Haw Estate, Re, 56
Noel v. Sandbrook, 251
Nore . Meyer, 154

Okins . Morrison, 9

Orphan Working School and Alexandra
Orphanage and the State of San Paulo
(Brazil) Pure Coffee Company Limited, Re.
and Re Vendor and Purchaser Act 1874, 56
Parker v. Hambrook, 230

Payne v. N. Fortescue and Sens Limited, 305
Pears v. Pears. 154, 328

Pickersgill (William) and Sons Limited r
London and Provincial General Insurare?
Company Limited; Same v. Occan Marine
Insurance Company Limited, 3:2
Pink, Re; Pink r. Pink, 251

Plant v. Collins; Deeley, Claimant, 81

Poole r. Robert Stephenson and Co. Limited,

Porter, Amphlett, and Jones. Solicitors. Re, 53
Poultney, Re; Poultney v. Poultney, 176
Premier Rinks Limited . Amalgamated Cine-
matograph Theatres Limited, 80

Preston r. Redfern, 59

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Robert Stephenson and Co Limited, Re; Poole
r. The Company, 205
Rosin r. Joseph Rank Limited, 81
Rowell r. John Rowell and Son Limited, 252
Russell r. Cubitt, 34

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Russell's Trust, Re; Public Trustco r. Camp Teale, H. G., RC; Ex parte H. G. Blackburn,

bell, 230

Ryder r. Bond, 176

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Trustee v. Union of London and Smi.hs
Bank Limited, 35

Thomas, Re; Sutton, Carden, and Co. Limited
v. Thomas, 153

Thompson r. Dibdin and others, 201
Tottenham Urban District Council v. Rowley,
57, 281

Trevor-Batye's Settlement, Re; Bull v. Trever-
Batye, 177

Union of London and Smiths Bank Limited
. Swiss Bankverein, 254
Upton v. Henderson, 9

Uttley, Re; Russell v. Cubitt, 34

Virginia Carolina Chemical Company v. Nor-
folk and North American Steam Shipping
Company Limited, 255

Seaton, Joseph (dec.), Re; Ellis v. Seaton and Wakefield Rural District Council v. Hall, 349
others, 80

Sharer, Re; Abbott r. Sharer, 590

Walford r. Walford, 201

Walter Leach, Re; Leach r. Leach, 207

Sir A. L. Jones, Re; Williams v. Attorney- Walton v. South Kirkby, Featherstone, and
General, 33

Slack . Hancock, 101

Smeed, Dean, and Co. Limited v.

London Authority, 82

Smith v. Waller, 590
Smiles v. Carruthers, 589

Hemsworth Colliery Limited, 307
Wareham, Re; Wareham r. Brewin, 176
Port of Watkins . Naval Collicry Company, 305

Smith's Dock Company Limited v. John Read-
head and Sons Limited, 10

Prigoshen, Re: Ex parte Official Receiver, 12 Smith-Bosanquet's Settled Estates, Re; Re
Printz v. Sewell, 11

Public Trustee v. Campbell. 230
Reeve v. Hawkes and others, 102

Reliance Marine Insurance Company Limited
r. Duder, 79

Rex r. Governor of Brixton Prison; Ex parte:
Mehamed Ben Romdan, 283

Rex r. Governor of Brixton Prison; Ex parte
Sjoland and Metzler, 590
Rex. Governor of Brixton Prison; Ex parte
Stallmann, 331

Rex. Governor of Brixton Prison; Ex parte
Wells; Rex v. Governor of Holloway Prison;
Ex parte Burns, 10

Rex v. Justices of Salford Hundred; Ex parte
Justices of Bolton, 103

Rex . Licensing Justices of Birmingham, 591
Rex v. Registrar of Companies; Er parte Paul
and others, 102

Rex v. Spokes, 60

Settled Land Acts 1882 to 1890, 35
Societa Anonima Ungherese di Armamenti
Marittimo 2. Hamburg South American
Steamship Company, 83

Société Anonyme le Ferment Trade Mark
Applications, Re, 205

Solomon, Re; Nore v. Meyer, 154
Squire r. Hammond, 230
Stait r. Fenner, 229

Stapleton . Dinnington Main Coal Company
Limited, 280

Stephenson (Robert) and Co. Limited, Re;
Poole v. The Company, 205
Stevenson (H.) and Son Limited . Brownell;
Healy and others, Claimants, 175
Struve's Trusts, Re, 57

Sutton (dec.), Re; Sutton v. Sutton, 200
Sutton, Carden, and Co. Limited v. Thomas,
Swansea, Mayor, &c., of v. Harpur, 154


Watson, Re, 284

Watson v. Hall, 177
Weeks r. Daniels, 9
Weston r. Hodgson, 590

Wheeler, Ridley, and Co. v. Dawson, 307
Whito r. Williams, 228
White v. Wiseman, 307

Will r. United Lankat Plantation Company
Limited, 228

William Pickersgill and Sons Limited ?'.
London and Provincial General Insurance
Company Limited; Same r. Ocean Marino
Insurance Company Limited, 332
William Young (dec.), Re; Brown v. Hodgson
and others, 282

Williams v. Attorney-General, 33
Williams r. Friend, 11
Wilson r. Church, 282

Wise, Re; Smith v. Waller. 590

W. Ladenburg and Co. v. Goodwin, Ferreira,
and Co. Limited (in Liquidation) and J. P.
Garnett (the Liquidator), 283

Woltereck v. Woltereck and Walters, 255
Yeatman . L. Homberger and Co., 176
Young, William (dec.), Re; Brown v. Hodgson
and others, 232



Administration-Debts-Advances by testator-
Bankruptcy of debtor-Appointment
debtor as executor Legacy settled
debtor's wife and family-Entries in testator's
ledger cancelling debts-Declarations in will
-Payment postponed-Provisional release.
(Re Pink; Pink . Pink), 251

Executor of executor Liability of cne
estate to account to other-Right of retainer
-Creditor's application to compel exercise of
right. (Re Funnell; Dyne r. Funnell), 331
Affiliation-- Bastardy summons by married
woman-Bastardy Laws Amendment Act 1872
(35 & 36 Vict. c. 65), ss. 3, 4-Alteration of
summons-Re-service equivalent to issue of
fresh summons. (Healy v. Wright), 80
Ancient lights-Obstruction Site value-
Measure of damages. (Griffiths v. Richard
Clay and Sons Limited). 56
Arbitration Contracts-Clause referring dis
putes to engineer-Finality of award-Award
made while action pending-Effect of award.
(Doleman and Sons v. Ossett Corporation),

Attachment Contempt

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- Debtor executor
Debt due from him to sole creditors of testa-
tor's estate-Order for payment into court of
moneys in his hands-Non-compliance--
Possession or control - Fiduciary capacity-
Termination of, on recovery of personal judg
ment by creditors-Debtors Act 1869 (32 & 33
Vict. c. 62), S. 4. (Re Thomas; Sutton
Carden, and Co. Limited r. Thomas), 153
Banker-Loans-Bearer bonds deposited
security-Release of bonds in exchange for
cheque-Effect of-Custom. (Lloyds Bank
Limited V'. Swiss Bankverein; Union of
London and Smiths Bank Limited v. Swiss
Bankverein), 254
Bankruptcy-Act of Judgment debt-Non-
compliance with bankruptcy notice to pay-
Act of bankruptcy by judgment creditor-
Judgment creditor afterwards adjudicated


bankrupt-Trustee's title-Relation back-
Validity of bankruptcy notice-Bankruptcy
Act 1883 (46 & 47 Vict. c. 53), ss. 4 (1) (g), 43.
(Re A Debtor (No. 211 of 1912); Ex parte
The Debtor), 153
Bankruptcy-Appeal-Deed of assignment-
Creditor revoking his assent before execution
-Joint petitioning creditors-Estoppel of one
not estoppel of all-Receiving order made on
petition of one of two joint petitioning credi-
tors-Bankruptcy Act 1883 (46 & 47 Vict.
c. 52), s. 4, sub-s. 1 (h); s. 6, sub-s. 1 (a).
(Re Jones; Ex parte George Newnes Limited
and the Associated Newspapers Limited), 283

Assigned action-Writ of fi. fa.-Seizure
by sheriff-Interpleader summons-Order for
sale-Act of bankruptcy-" Goods held by
sheriff for twenty-one days"-Bankruptcy of
judgment debtor-Title of trustee to proceeds
of sale-Bankruptcy Act 1890 (53 & 54 Vict. |
c. 71). s. 1-Order LVII., rr. 7, 8, 12. (Mason
(Trustee of Chetwynd, a bankrupt) v. Bolton's
Library Limited), 126

Bankruptcy notice-In accordance with
the terms of the judgment - Sum claimed
correct--Not invalidated by necessary varia-
tion of terms-Bankruptcy Act 1883 (46 & 47
Vict. c. 52), s. 4, sub-s. (g). (Re A Debtor;
Ex parte The Debtor r. The Petitioning
Creditors and the Official Receiver), 35

Decree for specific performance of contract
to purchase land-Purchase money not pay-
able before a certain date-Master's cert fi-
cate Final judgment Execution "not
having been stayed"-Bankruptcy Act 1883
(45 & 46 Vict. c. 52), s. 4. (Re A Debtor (837
of 1912), 204


Gift of shares-Act of bankruptcy-Subse-
quent sale by donee--Purchaser for value
without notice-Accruer of trustee's title-
Voidable transaction Title of purchaser-
Right of trustee-Bankruptcy Act 1883 (46 &

47 Vict. c. 52), s. 47. (Re Hait; Ex parte
Green), 175
Bankruptcy-Judgment debt in County Court-
Part payment into court by debtor before the
sum due under order of the court-Repudiation
by creditor-Amount of debt reduced below
£50-Bankruptcy notice for full amount bad-
Bankruptcy Act 1883 (46 & 47 Vict. c. 52, s. 4
(g)-County Courts Act 1888 (51 & 52 Vict.
c. 43), s. 105-County Court Rules 1903 and
1904. Orders XXIII., r. 13, and XXV., rr. 7,
8, 23. (Re A Debtor; Ex parte Judgment
Creditors v. The Debtor), 205

Person trading under partnership name-
Service of petition upon person having con-
trol or management of business insufficient--
Bankruptcy Act 1883 (46 & 47 Vict. c. 52),
S. 115 Bankruptcy Rule 260 - Order
XLVIII.A, rr. 3, 11. (Re A Debtor, No. 21
of 1912), 591

Petition dismissed by Court of First
Instance Receiving order subsequently made
and antedated by Court of Appeal - Pay-
ments by bankrupt into his banking account
during interval-Protected transactions-
Bankruptcy Act 1883 (46 & 47 Vict. c. 52),
s. 49. (Re H. G. Teale; Ex parte H. G.
Blackburn, Trustee r. Union of London and
Smiths Bank Limited), 35

Practice-Executors carrying on testator's
business in his firm name-Receiving
orders against firm-Are executors partners?
-Application to adjudicate-Partnersh p
Act 1890 (53 & 54 Vict. c. 39), s. 1-Bank-
ruptcy Act 1883 (46 & 47 Vict. c. 52), ss. 1, 115
-Bankruptcy rules, 259-264. (Re Fisher and
Sons), 83

Seizure by sheriff under writ of fi. fa.-
Ransom of goods by third party-Money ad-
vanced for special purpose-Quasi trust-Title
of trustee in bankruptcy Bankruptcy Act
1883 (46 & 47 Vict. c. 52), s. 44, sub-s. (iii.).
(Re Watson), 284

Bankruptey-Substitution of proof-Equitable
assignee Crown as claimant of bona vacantia
-Form of order. (Re Hills; Ex parte
Lang), 303

Trustee under deed of assignment-Pro-
perty handed over to debtor Liability of
trustee to account to the official receiver as
trustee in bankruptcy Bankruptcy Act 1883
(46 & 47 Vict. c. 52), ss. 50, 121. (RC
Prigoshen; Ex parte Official Receiver), 12
Book debts Charge Validity--Companies
(Consolidation) Act 1903 (8 Edw. 7, c. 69).
s. 93. (W. Ladenburg and Co. v. Goodwin,
Ferreira, and Co. Limited, in liquidation,
and J. P. Garnett, the liquidator), 283
British Columbia-Laws of --Employer and
workman-Workmen's Compensation Act-
--Dependant-Alien-Right to compensation.
(Krzus. Crow's Nest Pass Coal Company),

Building society Unincorporated

Objects of society-Borrowing powers-
Banking business-Ultra vires-Winding-up
-Priority of payment-Position of depositors
-Building Societies Act 1836 (6 & 7 Will. 4,
c. 32). s. 1. (Re Birkbeck Permanent Benefit
Building Society), 79

of Charity

Commissioners or Board of Education-
Voluntary subscriptions-Investment in
land-Charitable Trusts Act 1853 (16 & 17
Vict. c. 137), s. 62-Orphan Working School
and Alexandra Orphanage Act 1905, s. 13.
(Re Orphan Working School and Alexandra
Orphanage and the State of San Paulo
(Brazil) Pure Coffee Company Limited, and
Re Vendor and Purchaser Act 1874), 56
Charitable bequest-Institution intended by
testatrix governed by scheme of Charity Com-
missioners Amalgamation with other
charities-Change of name- -Whether failure
of object and lapse. (Re Faraker; Faraker
r. Durell), 279
Company-Debenture-holder-Default of com-
pany-Sale of undertaking-Public purpose.
(Saunders r. Bevan), 251


Debenture-holder's action-Receiver ap-
pointed-Creation of specific and floating
charges by debenture trust deed-Property
acquired thereafter-Subsequent creation of
debenture stock-Priorities.
(Re Robert
Stephenson and Co. Limited; Poole v. The
Company), 205

Debentures-Guarantee society-Failure
of-Scheme of arrangement-Majority-
Resolution to confirm--Persons benefiting
under scheme of arrangement voting
debenture-holders-Validity. (Goodfellow v.
Nelson Line (Liverpool) Limited), 101


List and summary-Balance-sheet--Suffi-
ciency of goodwill-No separate values for
fixed assets-Companies (Consolidation) Act
1903, s. 26. (Galloway v. Schill, Seebohm,
and Co. Limited), 10

Preference shares Dividends - Profits
after payment of preferential dividend-
Rights of preference and ordinary share-
holders. (Will r. United Lankat Plantation
Company Limited), 228

Reconstruction-Scheme of arrangement-
Sanction of court-Companies (Consolidation)
Act 1903 (8 Edw. 7, c. 69), s. 192. (Castello,
1. London General Omnibus Company
Limited), 305

Registration of company-Discretion of
registrar-Name of company resembling
name already registered-" Calculated to
deceive"-Companies (Consolidation) Act
1908 (8 Edw. 7, c. 69), ss. 8 (1), 15. (Rex r.
Registrar of Companies; Ex parte Paul and
others), 102

Requisition for meeting-Qualification of
requisitionists-Unpaid calls-One-tenth of
issued share capital upon which calls have
been paid-Requisitions "in like form
Sufficiency of statement of objects of meet-
ing-Companies (Consolidation) Act 1903,
s. 66. (Fruit and Vegetable Growers' Assccia-
tion Limited . Kekewich and others), 34

Surrender of shares-Issue of new shares
-No release from liability--Validity of
transactions. (Rowell r. Joln Rowell and
Son Limited), 252
Conflict of laws--Discharge in English bank-
ruptcy-Italian contract to pay original debt

1883 (46 & 47 Vict. c. 52), s. 30 (3). (Re
Bonacina, deccased; Le Brasseur r. Bona-
cina), 8, 228
Contract-Agreement not to be performed
within a year-Memorandum-Part perform-
ance-Statute of Frauds (29 Car. 2, c. 3), s. 4.
(Elliott v. Roberts), 81

Infant trader-Liability on trading con-
tract (Cowern v. Nield), 59

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- Purchaser's name
Contract Memorandum
written by third person-Statute of Frauds
(29 Car. 2, c. 3), s. 4-Misrepresentation.
(Brooks . Billingham), 8

Tuition by correspondence Agreed fee
for course-Payment by instalments--Refusal
of pupil to receive instruct on--Right to
recover fee. (International Correspondence
Schools Limited r. Ayres), 10
Contract to notify goods- Assignment-Right
of seller and assignee. (Cooper v. Micklefield
Coal and Lime Company Limited), 254
Copyright Infringement Cinematograph
film Sale of individual photographs--Part
of film--Registration of film after publica-
tien- Copyright Act (25 & 26 Vict. c. 68).
(Barker Motion Photograph
Limited . Hulton and Co. Limited), 229
County Court--Claim under £2-Action heard
before the registrar-Application to judge
for new trial-Jurisdiction to order-Court?
Courts Act 1888 (51 & 52 Vict. c. 43), ss. 92.
93. (Rosin r. Joseph Rank Limited). 81

Interpleader Judgment for debt-Execu
tion--Right of assignee of debt to claim
proceeds of-County Courts Act 1888 (51 &
52 Vict. c. 43), ss. 156, 157. (Plant r. Collins;
Deeley, Claimant), 81

Jurisdiction-Claim for £100-Verli ́t
for plantiff for £110-Power of judge to
enter judgment for £100. (Cres well
Jones and another), 10

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Practice Costs-Taxation - Claim
counter-claim-Taxation where plaintiff
succeeds on claim and defendant on counter-
claim-County Court Rules. Order LIII., r.
16 (3). (Fox r. Cont: al Silkstone Collieries
Limited), 207

Practice-Costs of proc dings under
Order XIV.-Action remitted to Count:
Court-Juris lict on cf judge as to c ss in
High Court-County Courts Act 1888 (51 &
52 Vict. c. 43), ss. 65, 113, 116. (Mentors
Limited . Evans), 33

Debtor and creditor-Bank-Mortgage-Notice
of second mortgage-Appropriation of pay-
ments. (Deeley v. Lloyds Bank), 328
Divorce Decree nisi granted to husband-
Intervention by King's Proctor-Adultery by
petitioner p:oved-Discretion of court in-
voked-Principles affecting exercise of di
cretion-Decree nisi rescinded. (Munzer v.
Munzer and Swain), 332


Decree nisi obtained by wife-Rescinded
on King's Proctor's intervention-Subsequent
petition by husband-Discretion of
under sect. 31 of Matrimonial Causes Act
1857-Decree nisi granted to husband.
(Woltereck v. Woltereck and Walters), 255

Petition by wife-Undefended-Delay in
bringing petition-Discretion of judge-Re-
fusal of decree Appeal-Matrimonial Causes
Act 1857 (20 & 21 Vict. c. 85), s. 31. (Pears
v. Pears), 154, 328



interest of respondent under a will-Restraint
on anticipation - Alienation Forfeiture-
Jurisdiction to override provisions of will—
Matrimonial Causes Act 1857 (20 & 21 Vict.
c. 85), s. 45-Matrimonial Causes Act 1859
(22 & 23 Vict. c. 61), s. 5. (Loraine v.
Loraine), 280

Ecclesiastical law-Holy communion-Marriage
with deceased wife's sister-Right of clergy-
man to refuse to administer sacrament-1 & 2
Edw. 6, c. 1, s. 8-Deceased Wife's Sister's
Marriage Act 1907 (7 Edw. 7, c. 47), s. 1.
(Thompson v. Dibdin and others), 204
Education Elementary-Head school teacher-
Notice to dismiss-Unassigned cause-Mana-
gers-Defect in appointment or qualification
-Declaration of church membership-Elec-
tion of churchwardens-Validity-Education
Act 1902 (2 Edw. 7, c. 42), ss. 6 (2), 11 (1) (6);
sched. 1, B (3). (Meyers c. Heunell), 57
Extradition-Discharge of prisoner owing to
error in procedure-Obtaining money by
cheating at cards-Subsequent application for
extradition on same charge-Obtaining
cheque by false pretences-Extradition Treaty
with Germany of 1872, art. 4. (Rex r.
Governor of Brixton Prison; Ex parte Stall
mann), 331

France Committal to prison of fugitive
offender-Lapse of time--Extradition Treaty
with France 1876-Extradition Act 1870 (33 &
34 Vict. c. 52), s. 11. (Rex r. Governor of
Brixton Prison; Ex parte Mchamed Ben
Romdan), 283

France-Crime committed in France by
British subject-Requisition for surrender by
diplomatic agent-Extradition Act 1870 (33 &
34 Vict. c. 52). s. 8-Extradition Treaties
1876 and 1909. (Rex v. Governor of Brixton
Prison; Er parte Wells. Rex r. Governor of
Holloway Prison; Ex parte Burns), 10



false pretences-Gaming Act 1845 (8 & 9 Vict.
c. 45), s. 17-No offence disclosed according to
English law-Refusal to extradite. (Rex v.
Governor of Brixton Prison; Ex parte
Sjoland and Metzler), 590

Fishing rights-Interference with-Penalties-
Action for damages-Salmon and Freshwater
Fisheries Act 1861 (24 & 25 Vict. c. 96), s. 26
-Salmon and Freshwater Fisheries Act 1873
(36 & 37 Vict. c. 71), s. 53. (Fraser r.
Fear), 330


Food and drugs-Sale to the prejudice of the
purchaser-Justices acting their own
knowledge-Dismissal of summons on ground
of triviality-Sale of Food and Drugs Act
1875 (38 & 39 Vict. c. 63), s. 6-Sale of Milk
Regulations 1901, clause 1-Probation of
Offenders Act 1907 (7 Edw. 7, c. 17), s. 1.
(Preston r. Redfern), 59

Sale to the prejudice of the purchaser-
Notification to purchaser before sale of
preservative added to cream-Sale of Food
and Drugs Act 1875 (38 & 39 Vict. c. 63), s. 6.
(Williams r. Friend), 11

Friendly society-Surplus-Distribution-Pen-
sion fund-Rules-Collecting Societies Act
1896 (59 & 60 Vict. c. 26), s. 5, sub-ss. 2, 3.
(Kirksopp r. Heighton), 205


Gaming-Using house for unlawful gaming-
Progressive whist or "whist drive "-Legality
of-Gaming Houses Act 1854 (17 & 18 Viet.
c. 38), s. 4. (Morris, app. v. Godfrey, resp.),
Highway-Dedication-Roadway not made up
to full width-Unmade strip-Dedication as
footpath-User by public-Right of access
by owner of adjoining property-Access for
all purposes. (Tottenham Urban District
Council v. Rowley), 57, 281

Way becoming a highway after 1835-No
evidence of intentional dedication by owner-
Liability of inhabitants at large to repair-
Highway Act 1835 (5 & 6 Will., 4, c. 50),
6. 23. (Cababé V. Walton-upon-Thames
Urban District Council), 103
Husband and wife-Petition for divorce-
Arrangement to dismiss-Covenant-Sum
paid to trustees-Contingent forfeiture by
co-respondent-Given radius-Restraint of
trade and liberty-Public policy-Injunction
as well as payment to plaintiff of fund. (Up-
ton. Henderson), 9
Insurance-Marine-Constructive total loss-
Institute time clauses. (Coker r. Bolton and
others), 283

Marine-Perils of seas-Goods stored in
hulk-Damage by leakage. (Sassoon and
Co. v. Western Assurance Company), 79

Marine Policy-Assignment of-Conceal-
ment-Innocent assignee-Marine Insurance
Act 1906 (6 Edw. 7, c. 41). s. 50 (2). (William
Pickersgill and Sons Limited r. London and
Provincial General Insurance Company
Limited; Same r. Ocean Marine Insurance
Company Limited), 332

Marine Policy on floating dock-" Sea-
worthiness admitted "-Concealment. (Can-
tiere Meccanico Brindisino r. Jansen and
others; Cantiere Meccanico Brindisino v.
Constant), 307


Marine-Policy on freight-" Chartered
or as if chartered "-Loss of freight-
"Special T.P. clause"-Concealment
material fact. (Scottish Shire Line and
others v. London and Provincial Marine and
General Insurance Company Limited), 59

Marine Reinsurance-Risk-Intention of
assured. (Reliance Marine Insurance Com-
pany Limited r. Duder), 79
Interpleader-Practice-Issue of interpleader
summons after final judgment in action-
Jurisdiction-Order LVII.. r. 1 (a). (H.
Stevenson and Son Limited . Brownell;
Healy and others, Claimants), 175
Judicial separation-Petition by husband--
Cross-charges by wife-Order on husband to
pay wife's taxed costs before hearing-Non-
compliance by husband-Motion for writ of
attachment. (Jones r. Jones), 591
Justices-Costs-Special case stated by quarter
sessions Respondent justices Costs
appeal to High Court-Right of justices to
costs incurred in High Court-Licensing
(Consolidation) Act 1910, s. 32. (Rex
Justices of Salford Hundred; Ex parte
Justices of Bolton), 103
Landlord and tenant-Distress-Goods com-
prised in hire-purchase agreement-Liability
to seizure-Law of Distress Amendment Act
1303 (8 Edw. 7, c. 53), ss. 1, 4. (Hackne
Furnishing Company . Watts), 60
to repair-Structural


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Landlord and tenant-Lease-Demise of pre-
mises in terrace for particular business-
Covenant by lessor not to let to "any of the
adjoining shops for similar business-
Meaning of "adjoining." (Cave and another
v. Horsell), 281

Lease Proviso enabling "lessee to
determine lease-Determination by person
equitably entitled to term invalid-Receipts
for rent and licences to assign-No estoppel
against landlord-Construction of proviso-
Conditions precedent. (Stait v. Fenner), 229
Lease Assignment by lessee-Consent of lessor
not to be "unreasonably withheld-Consent
refused except on condition of insertion of
restrictive covenant-Consent refused unrea-
sonably. (Premier Rinks Limited v. Amal
gamated Cinematograph Theatres Limited),


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Letters patent-Registered proprietor-Right
to sue for infringements-Patents
Designs Act 1907 (7 Edw. 7, c. 29), s. 71 (3).
(Duncan v. Lockerbie and Wilkinson (Bir-
mingham) Limited; Erebus Manufacturing
Company Limited and Beddow and Sturm-
ing Limited, Third Parties), 57
Licensing-Clubs-Club struck off register of
clubs-Right to subsequent re-registration-
Unregistered club"-Licensing (Consolida-
tion) Act 1910, ss. 92, 93, 110. (Lees v. Lovie),

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Mandamus Certiorari-Licensing (Con-
solidation) Act 1910 (10 Edw. 7 & 1 Geo. 5,
c. 24), s. 14 (1) Jurisdiction of licensing
justices to attach conditions to grant of off-
licence. (Rex v. Licensing Justices of Bir-
mingham), 591


Local authority District medical officer
Public vaccinator-Officer of the guardians-
Poor Law Officers' Superannuation Act 1896
(59 & 60 Vict. c. 50), ss. 2. 3, 19-Vaccination
Act 1867 (30 & 31 Vict. c. 84), s. 3. (Lawson
v. Guardians of the Poor of the Marlborough
Union), 34

Execution of work under statutory powers
-Obstruction of access to shop-Right to
compensation-Public Health Act 1875 (38)
39 Vict. c. 55), s. 303. (Lingke v. Christ-
church Corporation), 281

London-Building-Party wall-" Party struc.
ture defective or out of repair "-Wall defec-
tive through damp-Whether past history of
wall relevant-London Building Act 1894 (57
& 58 Vict. c. ccxiii.), ss. 38, 90 (3). (Minturn
v. Barry), 80

Lord Campbell's Act (9 & 10 Vict. c. 93-
Pecuniary loss by death of deceased-Reason-
able expectation Evidence. (Taff Vale

Railway Company v. Jenkins), 589
Lunatic-Administration of estate-Alteration
of character of property-Purchase of rever-
sion of lease under order of Master-Con-
version-Realty or personalty-Devolution.
(Re Searle; Ryder v. Bond), 176
Malicious damage-Information on behalf of
corporation-Evidence of authority to prefer
information Surplusage Right of indi-
vidual to prosecute-Malicious Injuries to
Property Act 1861 (24 & 25 Vict. c. 97), s. 22.
(Duchesne v. Finch and others), 82
Manor Roadside strips-Adjoining owners-
Presumption Whether waste of manor —
Similarity in character-Rebuttal-Evidence.
(Leeke v. Mayor, &c., of Portsmouth), 282
Market-Extent of franchise-Days mentioned
in charter Unauthorised obstruction of
streets Tolls Amount
Legality. (At
torney-General v. Horner), 252
Married woman Desertion Order against
husband to pay wife weekly sum-Arrears-
Committal to prison for more than six
months' arrears-Validity of order of com-
mittal Summary Jurisdiction (Married
Women) Act 1895 (58 & 59 Vict. c. 39),
ss. 4, 9. (Matthews v. Matthews), 60
Master and servant-Injury to servant-Negli-
gence Statutory duty-Liability of master-
Coal Mines Regulation Act 1887 (50 & 51
Vict. c. 58), s. 49, r. 30. (Watkins v. Naval
Colliery Company), 305




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Liability of master for act of servant-
Scope of employment-Injury to person in-
vited by servant to enter master's cart.
(Houghton v. Pilkington), 207

Negligence of servant-Scope of employ-
ment. (Forsyth v. Manchester Corporation),

Matrimonial cause-Hearing in camera-Pub-
lication of evidence--Contempt of court-
Attachment Appeal Criminal cause or
matter "-Judicature Act 1873 (36 & 37 Vict.
c. 66), s. 47. (Scott v. Scott), 252
Metropolis-Buildings-Dangerous structures-
Uninhabited houses-Houses not dangerous
except to trespassers-London Building Act

1894 (57 & 58 Vict. c. ccxiii.), ss, 103, 105.
(London County Council v. Jones and Co.), 11
Money paid under compulsion of law-Foreign
jurisdiction- Withdrawal of proceedings-
Action for recovery of the money. (Clydes-
dale Bank Limited v. Schroder and Co.), 61
Mortgage-Provisions as to redemption by
instalments Mortgage practically irredecm-
able. (Fairclough . Swan Brewery Com-
pany), 79

Motor-car- Use on highway at night - Un-
lighted lamp-Failure to keep identification
plate illuminated-Defence-Motor Car Act
1903, s. 2 (4)-Motor Car (Registration and
Licensing) Order 1903, art. 11. (Printz, app.
v. Sewell, resp.), 11

National insurance -Compulsorily insurable
persons-Curates and assistant curates--Con-
tract of service or contract for services-
National Insurance Act 1911 (1 & 2 Geo. 5,
c. 55), s. 1 (1), (2); sched. 1, part 1 (a)
Pluralities Act 1838 (1 & 2 Vict. c. 106).
(Re Employment of Curates or Assistant
Curates in the Church of England), 331

Employment of Nonconformist ministers
-Contract of service-Contract for services
-National Insurance Act 1911 (1 & 2 Geo. 5,
c. 55), s. 1 (1) (2), sched. 1, part 1 (a). (Re
Employment of Ministers of the United
Methodist Church; Re Employment of
Ministers, under Probation, of the Wesleyan
Methodist Church), 282

Manual labour Dairyman's foreman
Tailor's cutter-National Insurance Act 1911
(1 & 2 Geo. 5, c. 55). (Re National Insurance
Act 1911), 331
Negligenco Liability Car driven by per-
mission of owner Principal and agent.
(Samson v. Aitchison), 305

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Pauper-Settlement-Married woman deserted
by her husband. (Guardians of the Poor of
the Parish of St. Matthew, Bethnal Green
v. Guardians of the Poor of the Parish of
Paddington), 82

Petition-Vesting order-"Request in writ-
ing to the trustee-Trustee Act 1893,

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s. 35 (1) (ii) (d). (Re Struve's Trusts), 57
Poor law-Settlement-Removal-Child under
sixteen residing with deserted mother
Acquisition of settlement by residence-Poor
Removal Act 1846 (9 & 10 Vict. c. 66), s. 3-
Poor Removal Act 1861 (24 & 25 Vict. c. 55),
s. 3-Divided Parishes and Poor Law Amend-
ment Act 1876 (39 & 40 Vict. c. 61), ss. 34, 35.
(Hackney Union v. Kingston-upon Hull In-
corporation for the Poor), 56

Port of London-Barges-Registration-Port
of London Act 1908 (8 Edw. 7, c. 68), s. 11.
(Smeed, Dean, and Co. Limited v. Port of
London Authority), 82

Practice Arbitration - Appointment of arbi-
trators-Failure to appoint umpire-Appli-
cation to court by summons-Appearance by
arbitrator Order making appointment
Arbitration Act 1889 (52 & 53 Vict. c. 49),
s. 5. (Taylor v. Denny, Mott, and Dickson
Limited), 204

Attachment for contempt of court-Appli-
cation against defendant in action How
made, ex parte or on notice-Rules of the
Supreme Court, Order LII., r. 2-Crown
Office Rules 240. (Squire v. Hammond), 230

Breach of trust-Consenting beneficiary
not a party to action-Declaration of lia-
bility-As "from" determination of life
interest-Immediate liability. (Re Newen;
Smiles v. Carruthers), 589



Costs-Specific performance-Equity juris
diction of County Court-Value of the
perty Not exceeding £500 Discretion
Costs on High Court scale-County Courts
Act 1888 (51 & 52 Vict. c. 43), ss. 67 (4), 116-
County Courts Act 1903 (3 Edw. 7, c. 42).
s. 3. (Okins v. Morrison), 9

Discovery-Further affidavit of documents
-Documents admitted to be in existence, but
not referred to in original affidavit or plead-
ings. (British Association of Glass Bottle
Manufacturers v. Nettlefold), 305

Practice-Fund in court-Not dealt with for
long period-Limited time for claims-Ex-
clusion of those not claiming-Final distri-
bution of fund. (Wilson v. Church), 282

Particulars-False imprisonment--Defenco
of reasonable and probable cause- Par.
ticulars ordered of reasonable and probablo
cause. (Green v. Garbutt and others), 330

Pleading-Necessary averment--Nuisanco
-Land let for a special purpose--Liability
of lessor-Rabbit coursing-Inevitable conse-
quence. (Ayers r. Hanson), 253
Principal and agent- Negligent driving of
agent Agent temporarily employed by
principal's manager on manager's private
business on car appropriated exclusively to
use of a customer-Agent bound to obey
lawful orders of manager-Scope of agent's
employment-Liability of principal. (Irwin
v. Waterloo Taxi-cab Company Limited), 330
Public health-Unsound food-Prosecution for
having unsound food on premises-No con-
demnation by a justice-Condition precedent
to prosecution-Public Health (London) Act
1891, s. 47 (2). (Hewett, app. v. Hattersley,
resp.), 82
Public Trustee-Trust account-Audit-Public
Trustee Act 1906 (6 Edw. 7, c. 55), s. 13.
Re Utley; Russell v. Cubitt), 34
Quarter sessions-Costs-Conviction by court
of summary jurisdiction-Appeal to quarter
sessions-Death of appellant before hearing
-Jurisdiction to order executors of deceased
appellant to pay costs of appeal. (Rex v.
Spokes), 60
Railway-Damage by fire-Sparks or cinders
emitted from locomotive engine-Damage t›
agricultural crops Notice of damage
Notice not specifying_amount of damage-
Sufficiency of notice-Railway Fires Act 1905
(5 Edw. 7, c. 11), s. 3. (Martin v. Great
Eastern Railway Company), 12
Rating-Railway-Line carried on at annual
loss-Position, connections, and accommoda-
tion of line-Right to take extraneous cir-
cumstances into consideration. (East London
Railway Joint Committee v. Greenwich
Union), 83

Registered design-Infringement-Acts done
to enable the design to be applied
Articles for use abroad-Patents and Designs
Act 1907 (7 Edw. 7, c. 29), s. 60 (1) (u).
(John Haddon and Co. v. R. P. Bannerman
and Son), 229

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Legacy duty-Contingent class-Legacy
Duty Act 1796 (36 Geo. 3, c. 52), ss. 6, 12, 15,
17. (Re Duppa; Fowler v. Duppa), 282
Reversion duty-Increment value duty-
Provisional valuation Costs of checking
valuation-Rights of remainderman-Duty of
trustees-Duty of tenant for life--Finance
(1909-10) Act 1910 (10 Edw. 7, c. 8), ss. 1, 26.
27. 39 (1). (Re Smith-Bosanquet's Settled
Estates; Re Settled Land Acts 1882 to 1890),

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Sale of goods-Breach of contract by vendor-
Act by purchaser to mitigate damages-
Profit to purchaser-Arbitration-Appeal.
(British Westinghouse Electric and Manu-
facturing Company . Underground Electric
Railways Company of London), 305

Goods delivered on approbation-Contract
of "sale or return -Sale-Title of pur-
chaser-Passing of property in goods-Sale
of Goods Act 1893 (56 & 57 Vict. e. 71). ss. 18,
r. 4, 25. (Bradley and Cohn Limited v.
Ramsay and Co.), 8

Goods on sale or return-Successive trans-
ferees Act adopting the transaction
Sale of Goods Act 1893 (56 & 57 Vict. c. 71),
s. 18. r. 4. (Genn . Winkel), 176
Sale of land-Reservation of mines, minerals,
and springs of oil-Natural gas wells.
(Barnard Oil and Gas Company . Farqu
harson), 323

Settled land- Improvements - Development
as building estate-Compensation to
going tenant-Payment out of capital money


-Settled Land Act 1882 (45 & 46 Vict. c. 28),
s. 21, sub-s. 10-Agricultural Holdings Act
1908 (8 Edw. 7, c. 28), s. 20. (Re Earl de la
Warr's Settled Estates), 229
Settlement Construction-"Eldest son

Portions for younger children-Period of
vesting-Younger son attaining twenty-one-
Afterwards becoming eldest son-Entitled to
share. (Re Wise; Smith v. Waller), 590
Construction Tenant for life and
remainderman - Power to invest in real
estate-Purchase of timber estate-Right of
tenant for life to proceeds of sale of timber.
(Re Trevor-Batye's Settlement; Bull 2.
Trevor-Batye), 177

Life estate determinable on alienation-
Advancement out of unappointed and ap-
pointed shares-Release of life estate in
advanced fund-No forfeiture. (Re Hodg
son; Weston v. Hodgson), 590
Ship-Charter-party-Bill of lading-Unsea-
worthiness-Putting into port of refuge-
Deviation Dead freight - Lien-Unliqui-
dated damages. (Kish r. Taylor), 56

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Charter-party-Charges-Port of Santos.
(Societa Anonima Ungherese di Armamenti
Marittimo r. Hamburg South American
Steamship Company). 83

Charter-party-" Consignees to effect dis-
charge of cargo steamer paying one shilling
per ton"-Sale of cargo by consignee-
Cost of stevedoring to be paid by
chaser-Right to sum payable by steamer.
(White v. Williams), 228

Charter-party-Lump sum freight - Ex-
ceptions-Perils of the seas- -Part of cargo
lost through an excepted peril-Liability of
charterers to pay freight. (Harrowing
Steamship Company Limited v. William
Thomas and Sons), 308


Collision-Steamship and barge in tow of
a tug-Steamship and tug to blame-Barge
not to blame-Right of barge owner
recover whole damage against either wrong-
doer. (The Devonshire), 305

Damage to cargo by fire-Unseaworthi-
ness. (Virginia Carolina Chemical Com-
pany r. Norfolk and North American Steam
Shipping Company Limited), 255
Solicitor Charges Taxation Negotiating
loan-Transaction not completed at once-
Scale fee chargeable-Solicitors' Remunera-
tion Act 1881 (44 & 45 Vict. c. 44). (Re H. T.
Baker, a Solicitor), 126

Unqualified person
Purchase money
properly received by solicitor on record--
Improper possession by unqualified person-
Money not obtained by holding out
solicitor-Power of court to exercise sum-
mary jurisdiction. (Ke Hurst and Middleton
Limited), 228


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Solicitor and client Costs Taxation
between solicitor and client-Local authority
-Unnecessary charges incurred by special
instruction of client-Public money-Usual
charges Disallowance. (Re Porter,
Amphlett, and Jones, Solicitors), 58
Solicitor for a company-Taxation of costs-
Twelve months after bill delivered - Pay-
in account - Effect of intervening
winding-un-Form of order. (Re Foss, Bil-
brough, Plaskitt, and Foss, Solicitors), 58
Summary Jurisdiction (Married Women) Act
1895-Licensing Act 1902, s. 5 (2)-Habitual
Drunkards Act 1879- Order of justices -
Wife's appeal. (Tayler . Tayler), 127
Tithe rentcharge-Paid by person not liable-
Mistake of fact Bankruptcy of rector
Sequestration of benefice by bishop-Altera-
tion of position of payee. (Baylis v. Bishop
of London), 177
Trade mark-Registration-“ Lactobacilline

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of corpus or income for. (Re Sutton,

deceased; Sutton v. Sutton), 206
Trust-Two settlements-Public Trustee a
trustee of both settlements - Conflicting
interests-Power of Public Trustee to com-
promise with himself-Trustee Act 1893 (56
& 57 Vict. c. 53), s. 21-Public Trustee Act
1906 (6 Edw. 7. c. 55), s. 5 (1). (Re New
Haw Estate), 58

Trustee Breach of trust - Laches or acqui-
escence of beneficiary-Liability of trustee
prevented by illness from discharging his
duties. (Re Rix; Rix v. Rix), 58





houses let on weekly tenancies-Depreciation
of security-Loss of trust fund-Report of
valuers-Compliance with statutory require-
ments-Protection of statute-Trustee Act
1893 (56 and 57 Vict. c. 53), s. 8. (Re
Solomon; Nore v. Meyer), 154

Power to grant mining leases-Unopened
mines-Settled Land Act 1882 (45 & 46 Vict.
c. 38), s. 11. (Re James Daniels; Weeks v.
Daniels), 9

Urban authority-Public Health Act 1875 (38
& 39 Vict. c. 55), ss. 173, 174-Contract not
under scal but executed-Statute of Frauds
(29 Car. 2, c. 3)-Contract whereof the value
or amount exceeds £50-Surveyor of high-
ways. (Hoare v. Kingsbury Urban District
Council), 253


Vendor and purchaser-Contract-Vendor not
bound to get in legal estate-Conveyance as
beneficial owner Implied covenants for
title-Rectification-Conveyancing and Law
of Property Act 1881 (44 & 45 Vict. c. 41),
s. 7 (1) (a). (Jenner v. McNab), 230
Leasehold house Mortgagee selling
Repairs-Breaches of covenants to repair-
No express notice of breaches-Conveyacing
and Law of Property Act 1881 (44 & 45 Vict.
c. 41), s. 3, sub-s. 4-No express covenant for
title-Production of last receipt for rent by
vendor Liability of vendor for all past
breaches of covenant-Good title not shown.
(Re Taunton and West of England Per-
petual Benefit Building Society and Roberts
Contract; Re Vendor and Purchaser Act
1874), 253

Rectification-Rights of way and drain-
age-Mutual mistake-Conveyance. (Slack
v. Hancock), 101

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Water rates Liability for valuation list
altered by supplemental valuation list-
Reduction in rateable value after commence-
ment of water quarter-Metropolitan Water
Board (Charges) Act 1907 (7 Edw. 7.
c. clxxi.), ss. 8. 13-Valuation (Metropolis)
Act 1869, s. 42. 47. (Metropolitan Water
Board v. Phillips), 252

Waterworks-Breaking up streets and laving
pipes therein-Subsequent subsidence-Cost
of repair-Method of recovery-" Compensa-
tion for damage "-" Recovery of damages
not specially provided for "
Clauses Act 1847 (10 & 11 Vict. c. 17), ss. 6,
28, 85. (Mayor, Aldermen, and Burgesses
of Swansea, apps. v. Harpur, resp.), 154
Will Bequest of business Direction to
executors and trustees to carry on the same
-Power to employ one of them at a salary
as general manager-Claim for remuneration
as against creditors of insolvent estate. (Re
Salmen; Salmen v. Bernstein), 206


Bequest of leasehold house and furniture
-Onerous bequest-Separate and indepen-
dent gift-Legatee's right of disclaimer.
(Re Lysons: Beck . Lysons), 308
Construction Annuitant

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"My then next of kin according to the
statutes of distribution-Time for ascer
taining class-Artificial class - Domicil of
testator-Inquiry as to. (Re McFee; McFee
v. Toner; Edwards 2. Toner), 330
Construction Annuities Charge on
income or capital Gift over comprising
accumulations "subject nevertheless to the
said annuities "-Provisos for maintenance
and advancement also made subject to the
annuities. (Re William Young. deceased;
Brown v. Hodgson and others), 282
Construction-Bequest of legacies to each
'clerk" in a certain specified employ-
Claim by pursers employed on board certain
ships-Whether entitled to participate. (Re
Sir A. L. Jones; Williams v. Attorney-
General), 33

Construction-Clause for forfeiture-Not
to live with or under control of father-Void
Against public policy
(Sandbrook, deceased; Noel v. Sandbrook),

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Construction-Determinable life interest-
Gift over-Event which never happened-
Executory limitation Absolute gift


Intestacy. (Re Joseph Seaton, deceased;
Ellis . Seaton and others), 80
Will-Construction Gift - Trust-Precatory
trust. (Re Herman; Herman v. Herman),

Construction-Gift conditional on legatee
being a widow at death of testator's wife-
Death of legatce, a widow, leaving two
children before death of testator's wife.
(Laing, deceased; Laing v. Morrison), 254

Construction-Gift of realty-"Die with-
out leaving a male heir "-Failure of heirs
at time of death-Estate in fee simple-Wills
Act (1 Vict. c. 26), s. 29. (Re Walter Leach;
Leach . Leach), 207

Construction-Legacy to executor-Revo.
cation by codicil of appointment as executor
Implied revocation of legacy. (Re
Russell's Trust; The Public Trustee v.
Campbell), 230

Construction Rentcharges created on
mortgaged property-Property insufficient to
satisfy mortgages and rentcharges - Rent-
charges not charged with deficiency-Mort-
gages payable out of residue-Marshalling
-Real Estate Charges Act 1854 (17 & 18
Vict. c. 113). (Re Fry; Fry v. Fry), 59

Construction-Shares to children after
life estate-Gift in case of death of one or
more of my children their shares or shares
to be equally divided between the sur-
vivors "-Child predeceasing tenant for life
-Interest vesting at death of testator-
Operation of survivorship clause. (Re
Poultney r. Poultney), 176

Construction Succession-Provision to
widow of "liferent and enjoyment" of house
Liferent or occupancy Incidence of
burdens. (Mackenzie v. Johnstone), 328
Tenant for

life and
remainderman-Residuary gift-Leaseholds
-Conversion. (Re Wareham; Wareham v.
Brewin), 176

Contingent legacy to infant child
Amount not presently ascertainable-Interest
on legacy prior to vesting not allowed. (Re
Denham-Cookes, deceased; Denham-Cookes
v. Denham-Cookes), 102

Demonstrative legacy-Payment out of
reversionary fund-Interest on legacy-From
what date to be calculated. (Walford .
Walford), 204

Gift of carriages, horses, harness, and
stable furniture and effects-Some carriages
sold and motor-car purchased-Motor-car not
included in gift. (Re Hall; Watson V.
Hall). 177

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Specific devise of French property
French succession duty-Costs of realisation
Incidence of duty and costs. (Re De
Sommery; Coelenbier v. De Sommery), 349
Will and Codicil-Construction-Legacy
trustees proving will-Annuity to trustees--
Codicil revoking appointment and legacy-
Substitution of another executor and trustee
-Declaration that will should take effect
as if name of substituted executor had been
inserted throughout-Implied revocation of
Legacy. (Re Mellor; Dodgson v. Ashworth),

Workmen's compensation

Employer and
workman-Accident-Rate of compensation
-"Average weekly earnings"-Temporary
position in higher grade-Finding of facts
by arbitrator-Decision of Court of Appeal
as to effect-Workmen's Compensation Act
1906 (6 Edw. 7, c. 58), sched. 1, pars. 1. 2.
(Jury v. Owners of the Steamship Atlanta),

workman-Accident to
Employer and
workman causing death-Negligence of third
parties-Compensation-Award in favour of
illegitimate daughter-Claim by employers
for indemnity against third parties-"Cir-
cumstances creating a legal liability "-
Workmen's Compensation Act 1906 (6 Edw. 7
c. 58), s. 6. (Smith's Dock Company Limited
v. John Readhead and Sons Limited), 10
Employer and workman-Death caused
accident-Compensation - Claim by
dependant-" Accident arising out of and in
the course of the employment "-Workmen's

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