Page images
PDF
EPUB

Ademption by advancement on marriage, 3
Affidavits of documents of title, 362

Agricultural Holdings Act (England) 1883-Notice

to quit and distress under the, 76

Allotments, the new law of, 410

Appeals in criminal cases, 58

Experts, 58

Forged transfers, 410

Gifts to illegitimate children, 343

Appeals-Should appeals be limited by amount? Grand jury system, the, 372
354

[ocr errors][merged small]

Queen's Bench Division, decline of the, 75
Recovery of money paid under an illegal contract,
269

Resulting trusts, 152

Retainers to counsel, 174

Houses of the Working Classes Act 1890, 373, 398 Rule Committee and the reform of procedure, 233
Illegal compromises, 249

Assignment of leaseholds to a man of straw, Judges and the Press, the, 58
288

[blocks in formation]
[merged small][ocr errors][merged small]
[blocks in formation]

Patent law, the eccentricities of foreign, 114, Wills, Revocation by marriage, 20

133, 153, 217

281

[blocks in formation]

Life Assurance Companies Act 1870, sect. 3- Sale of horse-Breach of warranty-Case wanted,

Capacity of solicitors' clerks who are commis- Married women, 53, 70

sioners to take affidavits, 108, 125

Case wanted, 298

[blocks in formation]

Sale of interest under will-Concurrence of mort-

Mortgage-Conveyance, 69

gagee, 369

NOTES OF RECENT DECISIONS.

[blocks in formation]

Admiralty-Collision-Claim and counter-claim
-Compulsory pilotage-Costs (The Ruby), 138
Collision-Compulsory pilotage-Llanelly-
Merchant Shipping Act 1854-Llanelly Harbour
and Burry Navigation Bye-laws 1844 (The
Ruby), 119, 251

Collision-Fishing smacks-Regulations for
Preventing Collisions at Sea, arts. 14, 22—
Both ships to blame-Costs (The General
Gordon), 138

Collision-Institution of suit Delay
Laches-Maritime lien-Change of interest-
Statute of Limitations (The Kong Magnus), 251
Collision-Interrogatories-Preliminary act
(The Isle of Cyprus), 119

Collision-Lights-Vessel at anchor-Rules
for the Navigation of the River Humber (The
Magneta), 27

-

Collision River Scheldt
Talabot), 239

-

Tide (The

Collision Sailing rules-Regulations for
Preventing Collisions at Sea, arts. 14 (a), 22, 23
(The Tasmania), 61

Collision-Steamship and barge-Dock (The
Scotia), 239

Collision-Steamship and sailing ship-
Keeping course-Regulations for Preventing
Collisions at Sea, arts. 17, 22, and 23 (The
Highgate), 28

Collision-Stern light-Overtaking ship-
Regulations for Preventing Collisions at Sea,
arts. 2 and 11 (The Stakcoby), 82

Collision-Tag and tow-Negligence-Lia-
bility (The Quickstep), 293

Damage to cargo-Screw alley-Matters
of nautical skill-Trinity Masters (The As-
syrian), 80

Practice Collision-County Court-Inter-
locutory order-Appeal-Costs-County Courts
Admiralty Jurisdiction Act 1868 County
Courts Act 1888 (The Cashmere), 28
Salvage-Agreement-Unreasonableness-
Costs (The Mark Lane), 180

Salvage American liner-Cattlemen (The
Coriolanus), 28

-

Salvage Misconduct Abandonment
Diminution of award (The Tancarville), 82
Agreement Impossibility of performance
(Turner v. Goldsmith), 197

Rectification-Mistake-Parol

evidence-

Specific performance of agreement as rectified
(Re Shrewsbury and Talbot Cab, &c., Tyre
Company Limited v. Shaw), 274
Ancient lights - Lateral obstruction - Antici-
pated injury-Injunction or damages - Lord
Cairns' Act (21 & 22 Vict. c. 27), s. 2 (Dicker v.
Popham, Radford, and Co.), 289

Mixed question of law and fact-Reference
-Arbitration Act 1889, ss. 14 and 19 (Pearks
v. Eames), 194
Appeal Security for costs

-

Special circum-
stances-Order LXVIII., r. 15 (Tilbury v.
Silva), 61
Appointment-Tenant for life and remainder-
man-Power of appointment over reversionary
fund subject to settlement-Appointment of
fund as part of appointer's residue First
tenant for life under settlement also first tenant
for life of residue (Re Flower; Matheson v.
Goodwyn), 237

Arbitration-Agreement to refer to three arbitra-
tors-Refusal of party to appoint arbitrator-
Power of court to order appointment-Effect
of making submission a rule of court prior to
Act of 1889 (Re An Intended Arbitration
between Smith and Service and Nelson and
Sons), 237

Extent of submission-Breach of warranty
-Right to reject goods-Invalid award-Juris-
diction of arbitrators (Re Arbitration between
Green and Co. and Balfour and Co.), 251

Arbitration-Invalid award-Setting aside-Con- | Building society-Winding-up as unregistered
tract for sale of goods-Dispute Submission
-Arbitration-Extent of submission-Juris-
diction of arbitrators (Re An Arbitration
between Green and Co. and Balfour and Co.),
179

- Landlord and tenant Tenant giving up
possession Compensation Agreement to
appoint arbitrators-Umpire-Assessment of
compensation-Application to issue execution
- Arbitration Act 1889 (Re An Arbitration
between Hammond and Walterton), 6

Submission under the Arbitration Act 1889-
Order to appoint arbitrator within fixed time-
Charter-party-Time of the essence of the con-
tract-Condition precedent (Re An Arbitration
between Smith and Nelson), 157
Assignment-Assignment to trustees for benefit
of creditors-Release-Surplus after payment
of debts in full - Resulting trust (Cooke v.
Smith), 136

[ocr errors]

Assignment of chose in action-Debt collec-
tion - Order XIV. Special indorsement
Abuse of process of eourt (Comfort v. Betts),
81

Bankruptcy Act of bankruptcy - Assignment
of all property for the benefit of creditors-
Assignment not by deed (Re Spackman; Ex
parte Foley), 4

-

Application to commit · Order to pay inter-
est-Order to pay costs-Disobedience to (Re
Nicholson; Ex parte Board of Trade), 293

Application to commit-Substituted service
-Leave to serve Application to registrar (Re
Calderwood; Ex parte Board of Trade), 293

Disclaimer of lease by trustee-Sub-lease
by way of mortgage-Sham assignment of sub-
lease to pauper-Application by original lessor
for exclusion of sub-lessee or order vesting
lease in him (Re Smith; Ex parte Hepburn and
others), 219

Execution creditor-Garnishee order-Com-
pletion of attachment-What is receipt of debt
(Re Trehearne; Ex parte Chief Official Receiver
v. Ealing Local Board), 293

-

Orders discharging bankrupt and closing
bankruptcy - Order re-opening bankruptcy-
Second bankruptcy-Right to property acquired
between the close and the re-opening of the
first bankruptcy (Martin v. Heath; Dear v.
Dear), 179

Undischarged bankrupt Assignment of
after-acquired property-Right of assignee
against the trustee (Cohen v. Mitchell), 44
Bill of exchange-Qualified acceptance-Bills of
Exchange Act 1882 (45 & 46 Vict.) (c. 61) s. 19)
Decroix, Verley, et Cie. v. Meyer and Co.
Limited), 251

Bill of sale-Bill of Sale Act (1878) Amendment
Act 1882-Schedule-Description of chattels
and description and address of attesting witness
-Sufficiency of Interest-Mode of ascertain-
ing amount of (Hickley v. Greenwood), 137

Company debenture-Registration of Bills
of Sale Act 1878-Bills of Sale Amendment
Act 1882 (Reid v. Joannon), 196

Nominal sale and delivery of goods of
borrower to lender-Hire and purchase agree-
ment - Bills of Sale Act 1878 s. 4 (Re Mary
Weston; Ex parte Official Receiver), 44
Pledge Document accompanying pledge-
Document of title (Mills v. Charlesworth),

231

Registration-Effect of Non-re-registration
-Bills of Sale Acts 1878 and 1882 (Fenton and
Sons v. Blythe and Co. Collard, claim-
ant), 180

Validity-Bills of Sale Act (1878) Amend-
ment Act 1882-Form in schedule-Ambiguity
(Haslewood v. Consolidated Credit Company
Limited), 24

- Validity-Departure from statutory form-
Assignment of personal chattels and chattels
real-Severance of security-Bills of Sale Act
1882 (Cochrane v. Entwhistle), 44

Validity of-Attesting witness - Address
and description-Second attestation clause-
Omission of address and description of witness
in second clause-Bills of Sale Act (1878)
Amendment Act 1882 (Bird v. Davey; March,
Claimant), 239

Building-Party wall found defective by arbitra-
tors under an award-Roof-Storey-Construc-
tion of What is a roof and what a storey-
External walls-Metropolitan Building Act
1855 (Fort v. Hodgson), 26
Building society-Unauthorised loan of money-
Honest mistake
Liability of directors
(Cullerne v. London and Suburban General, &c.
Building Society), 251

[ocr errors]

|

company-Vesting order-Official liquidator-
Practice Companies Act 1862 (Re Britannia
Permanent Benefit Building Society), 290
Carriage of goods — Charter-party-Excepted
perils (The Accomac), 160
Charity suit-Petition or other proceedings-
Certificate of Charity Commissioners Charity
Trust Act 1853 (16 & 17 Vict. c. 137), s. 17,
(Rendall v. Blair), 155

Cheque-Crossed-To particular account-Nego-
tiability (National Bank Limited v. Silke),
180

Churchwardens Improving disused burial
grounds, and converting same into recrea-
tion grounds-Liability of vestry for costs
of Terms of certificate required under
Burials Act 1855 (18 & 19 Vict. c. 128), s. 18
(Reg. v. Vestry of St. Mary's, Islington),
221

[ocr errors]

Common Lodging Houses Act 1851 Lodging
Houses Act 1853-"Common lodging house
Charitable institution (Booth, app., v. Ferrett,
resp.), 63

Company Allotment-Directors-Confirmation
of allotment-Reasonable time (Re Portuguese
Consolidated Copper Mines Limited; Badman's
and Bosanquet's cases), 80

Application for shares-Allotment-Misre-
presentation in prospectus-Removal of share-
holder's name from register (Re Johannes-
burg Hotel Company Limited; Sarle's case),

238

[ocr errors]

Debt-Shares-Allotment- Contributory-
Payment in cash-Complete contract-Com-
panies Act 1867 (Re Johannesburg Hotel Com-
pany Limited), 136

Insurance-Deposit - Amalgamation - The
Life Assurance Companies Act 1870-The Life
Assurance Companies Acts 1872 (Ex parte
Scottish Economic Life Assurance Society
Limited), 156

Limited 'companies-Articles of association
-Agreement between two companies-Adop-
tion of by both-Breach of by one of them-
Action for breach-Evidence of-Measure of
damages (Rudge Cycle Company Limited v.
Stoddart and Co.), 158

Meeting Notice of resolution-Validity of
notice-Amendment-Decision of chairman-
Waiver (Henderson v. Bank of Australasia),
24, 219

Practice-Petition to wind-up company-
Affidavit verifying petition by secretary of
petitioning company-Sufficiency (Re Birming-
ham Concert Halls Limited), 25

[ocr errors][merged small]

Prospectus - Misrepresentation
holders-Rescission of contract to take shares
(Re Metropolitan Coal Consumers Association
Limited; Wainwright's case), 219

Rectification of register-Withdrawal of
application for shares before allotment-Invalid
allotment (Re Northern Electric Wire, &c.,
Company Limited), 238

Sale of shares-Certification of transfer-
Voucher of title-Want of title in transferor
(Bishop and others v. Balkis Consolidated Com-
pany Limited), 252

Shareholder-Agent-Authority-Liquida-
tion-Liability (Re Britannia Fire Association
Limited), 290

Shares in American company-Certificates-
Indorsement of transfers in blank-Certificates
fraudulently pledged-Mercantile usage-Es-
toppel (Colonial Bank v. Cady; London Char-
tered Bank of Australia v. Same), 44
Company (Winding-up)-Allotment of shares-
Repudiation-Relief after winding-up com-
menced (Re Lennox Publishing Company
Limited; Ex parte Storey), 116

- Building Society-Creditor's petition con-
taining improper allegations-Tender of debt
without costs-Building Societies Act 1874 (Re
East Dulwich Building Society), 272

Companies Act 1862-Suspending its busi-
ness-Just and equitable (Re Crown Bank,
Limited), 25

Contributories-Calls-Interest on calls-
Balance order (Re Leominster and Bromyard
Railway Company), 252

Contributory-Certificate settling contribu-
tories-Time for application to have name
removed from list of contributories (Re Liver-
pool Household Stores Association; Ex parte
Blundell), 290

Delinquent directors-Misfeasance - Non-
feasance-Ultra vires-Crass negligence-
Burden of proof-Companies Act 1862, s. 165
(Re Liverpool Household Stores Association),
101

Company (Winding-up)-Directors' fees-Appli-
cation for repayment-Misfeasance-Companies
Acts 1862, s. 165 (Re A. M. Wood's Ships
Woodite Protection Company Limited), 5

Examination of witness-Pending action-
Companies Act 1862 - Right of appeal (Re
North Australian Territory Company Limited),
26, 116

Practice-Two petitions-Seeond petition
advertised first-Costs of second petition (Re
Standard Portland Cement Company), 25

Proof-Damages for wrongful forfeiture of
shares (Re New Chile Gold Mining Company),
272

-

Resolution for voluntary winding-up passed
after presentation of petition - Supervision
order Amendment of petition Re-adver-
tisement Companies Act 1862 (25 & 26 Vict.
c. 89), ss. 79, 147 (Re Marine and General Land,
&c., Company Limited), 6

Sale of preperty-Business and goodwill-
Right of purchaser to use of name of company
(Re Bolanachi's Empire Chocolate Company
Limited), 273

Reserve

Shareholder's petition-Substratum-Impos-
sibility of carrying on business
capital-Companies Act 1879 (Re Bristol Joint
Stock Bank Limited), 25

Shares fully paid up-Shares issued at a
discount-Rights of shareholders inter se to
surplus assets (Re Weymouth and Channel
Islands Steamboat Company Limited), 220

Sheriff-Execution put in force after com-
mencement of winding-up-Theatre-Money
taken for entrance - Companies Act 1862 (Re
Opera Limited), 61

Consent order-Counsel's authority-Mistake-
Withdrawal of consent (Lewis v. Lewis), 179
Contempt of court-Publication tending to influ-
ence result of pending proceedings (Re Crown
Bank Limited), 25

Contract-Governed by English or French law-
Liquidation in France-Discharge in France
whether plea in bar in English action-Domi-
cile-Stay of proceedings (Gibbs and Son v. La
Société Industreille et Commercial des Metaux),
178

-

Contract of service Restrictive covenant
Restraint of trade-Third parties-Company-
Perpetual injunction (The London Pavilion
Limited v. The Tivoli Limited), 62
Copyhold-Profit à prendre-Right of fishing
User-Enfranchisement-Effect of (Tilbury v.

Silva), 155
Corrigendum, 119

-

-

County Borough Appointment of police
(Mayor, &c., of Bootle, v. Lancaster County
Council), 222

County council-Contagious Diseases (Animals)
Act 1869-Contagious Diseases (Animals) Act
1878-Local Government Act 1888 (Mayor, &c.,
of Borough of Salford v. County Council of
Lancaster), 116

Election of councillors Qualifications in
two electoral divisions of one administrative
county-Right to vote in both divisions (Knill
v. Towse), 24

[ocr errors]

Executive committee-Contagious Diseases
(Animals) Acts 1878 and 1886-Delegation of
powers to sub-committee - Meaning of word
delegate" (Huth, app., v. Clarke, resp.), 158
Highway "Main road" "Roadside
wastes"-Local Government Act 1888 (Curtis
v. Kesteven County Council), 290
County Court Admiralty Jurisdiction Act 1868-
County Courts Admiralty Jurisdiction Amend-
ment Act 1869-Merchant Shipping Act 1854-
Seamen-Wages, recovery of-Ship in dock
-Action in rem (Reg. v. Judge of the City of
London Court and others), 158

Admiralty jurisdiction - Collision-High
Court-Costs-County Courts Admiralty Juris-
diction Act 1868 (The Herald), 275

Admiralty jurisdiction-"Damage by col-
lision"-Fishing smack-Trawl warp-County
Courts Admiralty Jurisdiction Act 1868
County Courts Admiralty Jurisdiction Amend-
ment Act 1869-Fog-Regulations for Prevent-
ing Collisions at Sea, arts. 10 and 12 (The War-
wick), 274

Jurisdiction-" Admitted set-off Claim
reduced below £50 by set-off not admitted by
defendant- County Courts Act 1888, s. 57
Hubbard v. Woodleg), 6
Criminal law-Indictment for non-repair of high-
way-Liability to repair ratione tenuræ―Indict-
ment of owner of lands charged with repair--Con-
tinuance of liability during existence of turn-
pike trust-Destruction of subject-matter of
liability by trustees-Liability to repair altered
road (Reg. v. Barker), 46

Larceny-Obtaining money by trick-Purse
trick-Pretence of dropping three shillings into
purse-Shilling obtained in exchange for purse
and its contents (Reg. v. Solomons), 64

Practice-Corrupt practices-Prosecution by
Public Prosecutor-Order of election court for
trial before another court-Jurisdiction of court
to try offence committed in another county—

Venue in margin of indictment different from
venue in body of indictment-Order for prose-
cution for a corrupt practice "-Indictment
for a number of corrupt practices - Munici-
pal Elections (Corrupt and Illegal Practices
Act) 1884 (Reg. v. Riley and Reg. v. Campion),

160

[ocr errors]
[ocr errors]

Criminal law Practice Indictment under
Criminal Law Amendment Act 1885 for attempt
to defile girl under thirteen, and under 24 & 25
Vict. c. 100, s. 52, for indecent assault
Conviction for indecent assault-Admissibility
of evidence not on oath to support conviction—
24 & 25 Vict. c. 100, s. 52; 48 & 49 Vict. c. 69,
8. 4 (Reg. v. Paul), 160

Debtors Act 1869 (32 & 33 Vict. c. 62), s. 4,
sub-sect. 3-Possession-Control (Walker v.
Walker), 238

Deceit False representation-Gratuitous advice
-Injury resulting from-Defendant not liable
without strict proof of fraud (Kosterlitz v.
Mockford), 254

Dentists Act 1878-Dentists' Register-General
Council of Medical Education and Registra-
tion-Wrongful erasure of name-Action for
maliciously and unlawfully removing name-
Judicial or ministerial functions Malice
(Partridge v. General Council of Medical Edu-
cation and Registration), 24
Discovery-Inspection of documents-Privilege
-Alternative claim (Ryland v. Hipkiss and
another), 81

Interrogatories - Despoit-When deposit
may be dispensed with-Order XXXI., r. 25
(Webb v. Webb), 81
Divorce-Conditional decree-Motion to make
decree absolute-Allowance to be made to re-
spondent dum casta et sola vixerit-Order.
(Weller v. Weller, Funnell, and Cass), 254

Cruelty-Absence of physical violence-De-
cree (Bethune v. Bethune), 160

Divorce-Husband's suit-Wife addicted to
drink-Adultery-Counter charge of cruelty-
Degree of cruelty-Decree. (Forsyth v. For-
syth, Eccles, and Foster), 274
Duress-Execution of deed-Stifling prosecution
(McClatchie v. Haslam), 290
Easement-Ancient lights-Interference with-
Damages or injunction-Discretion of court
Mandatory injunction Lord Cairns' Act
(21 & 22 Vict. c. 27) (Lawrence v. Horton), 24
Ejectment-Covenant not to assign-Breach
(Barrow v. Isaacs), 138
Employers' Liability Act 1880-Master and ser-
Negligence Defect in machinery
Volenti non fit injuria (Brooke v. Ramsden
and others), 137
Evidence-Action in County Court-Judgment
of County Court judge-Retirement of judge-
Parol evidence explaining the judgment admis-
sible in a subsequent action (Greenwood v.
Mendelssohn), 137

vant

[ocr errors]

Executor-Notice of liability-Debt-Shares in
company liable to a call-Distribution of re-
siduary estate-Indemnity-Refund-Married
woman - Liability to be sued Married
Women's Property Act 1882 (Whittaker v.
Kershaw), 194

Retainer-Receiver (Re Wells; Molondy v.
Brooke), 25

Fishery board-Person fishing without licence-
Authority of water bailiff to prosecute-Fresh-
water Fisheries Act 1878 (Anderson, app., v.
Hamlin, resp.), 27

Fishing Right in gross-Ownership of soil-
Prescription-2 & 3 Will. 4, c. 71, ss. 1, 2
(Warwick v. Gonville and Caius College, Cam-
bridge), 252

Foreclosure action-Receiver and manager-Pos-
session (Taylor v. Soper), 116
Foreign judgment-Fraud on a foreign court—
Evidence-Admissibility of-Action in English
court (Vadala v. Lawes), 5
Fraud-Money intrusted to solicitor for invest-
ment-Fraudulent misappropriation of, by soli-
citor-Action against solicitor's administrator
for-Evidence for jury-Administration suit-
Statute of Limitations-Nonsuit-New trial
(Hackney v. Knight), 118

Gas-Metropolis-Chief gas examiner-Right of
parties to appear before chief gas examiner by
counsel (Reg. v. Williamson), 239
Government dockyard-Barge moored at unsafe
berth-Damage to barge-Liability of officials
in charge of yard (Wright and Son v. Leith-
bridge and others), 221

Husband and wife-Deed of separation-"Living
separate" (Robinson v. Robinson), 119

Restitution of conjugal rights-Husband's
petition-Allowance-Matrimonial Causes Act
1884-Registrar's report-Amount of allowance
-Alleged misconduct of petitioner, short of
matrimonial offence (Swift v. Swift), 222
Illegal consideration-Compromise of indictment
for nuisance (Windhill Local Board v. Vint),
45

Income tax-Deductions-Premiums on life in-
surance-Foreign insurance company (Colqu-
houn v. Heddon), 45

Income tax-Life assurance society - Sale of
annuities-Liability of society to be taxed in
respect of such annuities-"Profits or gains"
(Gresham Life Assurance Society v. Styles
(Surveyor of Taxes), 116
Injunction-Carrying on basiness in a manner
calculated to deceive the public-Dentists Act
Ex turpi
1878-Sufficiency of registration
causá non oritur actio (Davis v. Rogers and
Mallam), 292

Inland Revenue Inhabited house duty

Charterhouse School-Charity school-Exemp-
tion (Governing Body of Charterhousee School
v. Lamarque), 7

Innkeeper-Lien-Separate property of wife-
Husband and wife staying together at hotel—
Lien of hotel-keeper for hotel bill on goods,
the separate property of wife (Gordon and
Hollands v. Silber and another), 292
Interpleader - Mortgage of "ship"-Articles on
board at date of mortgage-Articles brought
on board subsequently-What articles passed
under the word ship"-Merchant Shipping
Act 1854 (17 & 18 Vict. c. 104)-Registration of
mortgage under Bills of Sale Acts (Coltman v.
Chamberlain; Woodger, claimant), 158

Seizure of goods by the high bailiff -
Distress for rent (Hughes v. Smallwood), 158
Judicial separation-Cruelty-Wife's petition-
Ex parte application by petitioner to restrain
respondent from removing infant child out
of jurisdiction-Interim injunction granted
(Harris v. Harris), 160
Justices-Jurisdiction_of-Illegal issue of sum-
mons-Appearance by accused-Objection to
jurisdiction Conviction - Limit of time-
Jervis's Act-Sale of Food and Drugs Acts 1875
and 1879 (Dixon, app., v. Wells, resp.), 46
Landlord and tenant Covenant to keep "in
good tenantable repair"-Painting and paper-
ing-Replacing worn-out floor (Proudfoot v.
Hart), 24

-

[ocr errors]

Recovery of small tenements Costs
County Court case not provided for by rules-
Summons directing registrar to tax on higher
scale-Order L., r. 19, County Court Rules
1889 -County Courts Act 1888 (Eagle v.
Bishop), 81
Lease-Proviso for re-entry - Nonpayment of
rent-Breach of covenants and agreements
contained in lease-Conveyancing and Law of
Property Act 1881 (Re Anderson and Milner's
Contract), 273

Legacy-Election-Interest (Re Bignold; Bignold
v. Bignold), 290

Liability of shipowner for coal supplied-Orders
solicited from charterers (Black v. King), 81
Light-Injunction-Unity of possession-Con-
veyance subject to existing easements (Dela-
parelle v. Vestry of St. Martin's-in-the-Fields),
117
Limitation of actions-Special contract of loan -
Terms of repayment-Conditions precedent-
Accrual of cause of action-Administrator
Accrual of cause of action to-Death of credi-
tor intestate on day for repayment-Onus of
proof (Atkinson v. The Bradford Third Equi-
table Building Society), 136
Limitation Real property - Tenant in tail-
Infant-Disability-Accruer of right-Real
Property Limitation Act 1874 (Murray v.
Watkins), 117

Local government-District local board-County
council-Main roads-Footpaths and footways
of-Cost of maintaining and repairing-Lia-
bility of county council-Highways, &c., Act
1878, ss. 13, 15-Local Government Act 1888,
8. 11 (Re The Local Board for the District of
Warminster and the County Council of the
County of Wilts), 64

Rural authority-Powers for lighting dis-
trict-Order of Local Government Board-
Assessment of railway company-Public Health
Act 1875 (Lancaster and Yorkshire Railway
Company v. Assessment Committee of Bolton
Union), 219

Street improvements-Expense of making
roads-Charge upon premises-Land subject to
restrictive covenants-Priority of charge-
Public Health Act 1875 (Guardians of Tendring
Union v. Dowton), 101

Superannuation allowance-Lunatic asylum
Officer "of " or " in "-Chaplain not resident in
asylum-Right to allowance-Lunatic Asylums
Act 1853 (Reg. v. County Council of Hereford),
158
Mandamus-The reredos in St. Paul's Cathedral
-Sculptured images thereon-Legality of-—
Public Worship Regulation Act 1874-Bishop's
veto (Reg. v. Bishop of London), 159
Margarine Act (50 & 51 Vict. c. 29), s. 6-

[ocr errors]

Exposed for sale by retail"-Meaning of the
expression (Crane v. Lawrence), 137
Marine insurance-Mutual insurance for pro-
tection Ordinary running-down clause
-Collision-Assureds' ship in equal fault-
Non-liability of insurers (London Steamship
Insurance Association v. Grampian Steamship
Company), 5

Marine insurance-Stranding (Russell and Erwin
Company v. Lodge), 120

Marriage contract-Assignment-Present interest
-Exercise of power-Subsequent acquisition
of interest (Duncan v. Dixon), 238
Marriage settlement, variation of-Petition-
Respondent and surviving trustee both uncer-
tificated bankrupts-Notice given to official
receiver in bankruptcy-Service of petition
upon respondent and surviving trustee dis-
pensed with (Snelling v. Snelling) 254
Married woman-Separate estate-Trader -
Married Women's Property Act 1882-Con-
tract to indemnify-Judgment in foreign
country (Eddowes v. Argentine Loan, &c.
Company Limited), 156

Separate property-Restraint on anticipa-
tion (Stogden v. Lee), 198

Separate use-Will-Contingent interest-
"Title"-Married Women's Property Act 1882
(Re Parsons; Stockley v. Parsons), 195
Married Women's Property Act 1882, s. 19-
Settlement of married woman's property on
herself on second marriage-Restriction against
anticipation-Void as against debts contracted
during first marriage (Jay v. Robinson), 61
Master and servant-Ballet girls-Enticement to
break contract of service-Notice of former
contract (De Francesco v. Barnum), 290
Metropolis Management Act 1855-Metropolis
Management Amendment Act 1862-Street,
formation and width of "Open at both
ends "-Continuing offence (Daw and Sons,
apps., v. London County Council, resps.), 7

Scavenger's duties-Removal of refuse-
-Ashes-Hotel-" Trade, manufacture, or
business" (Vestry of St. Martin's v. Gordon),

[merged small][merged small][ocr errors][ocr errors]

Mortgage-Arrears of interest-Reversionary
interest in personal estate-Covenant for pay-
ment with interest on specified day, but no
provision for payment of subsequent interest
Statute of Limitations (3 & 4 Will. 4, c. 27),
8. 42 (Mellersh v. Brown), 252-

-

Consolidation (Squire v. Pardoe), 252
Costs-Incumbrances - Plaintiff's costs of
action-Priority (Re Barne; Lee v. Barne), 117
Costs Incumbrances Plaintiffs' costs of
action-Priority-Trustees and mortgagors of
harbour rates - Indemnity Commissioners
Clauses Act 1847 (Batten and others v. Dart-
mouth Harbour Commissiouers), 101

Equitable mortgagees-Fraud-Negligence
-Legal lestate-Tacking-Priority (Taylor v.
Russell), 156

Power of sale-Sale of surface and minerals
separately-Petition for sanction of court-
Service on mortgagor (Re Hirst's Mortgage),
195

Redemption-Policy of insurance -Agree-
ment excluding right to redeem in certain
event-Validity (Marquis of Northampton v.
Pollock), 220

Ship-Act of bankruptcy-Fraudulent pre-
ference-Bankruptcy Act 1883 (The Thames),

197

Transfer-Escrow Title deeds-Negligence
-Agents-Cash-Payment-Set-off-Convey-
ancing and Law of Property Act 1881 (Coupe
v. Collyer), 179

Mortmain-Corporation of Manchester-Consoli-
dated stock-Charge on land-Impure person-
alty Municipal Corporations Act 1835 (Re
Holmes; Holmes v. Holmes), 290
Negligence-Illegal act-Contributory negligence

[ocr errors]

Questions for jury-" Volenti non fit injuria'
-Damages (Lee v. Nixey), 118
Nuisance Brick-burning - Intermittent and
fluctuating nuisance-Interference with health
and comfort of neighbours-Injunction (Attor-
ney-General, &c., Chiswick Local Board v.
Hussey), 180

Sport and exhibitions in market square-
Apprehended repetition of nuisance Quia
timet action-Injunction (Phillips v. Thomas),
4.5
Order XIV.-Claim for possession-Unjust term
-Power of sheriff to remain in, although judg-
ment set aside (Borough of Finsbury Building
Society v. Pearce), 81
Patent Action for infringement-Application for
liberty to apply to amend specification-Terms
-Discretion of judge-Patents, Designs, and
Trade Marks Act 1883 (Lang v. Whitecross
Company), 251

Amendment of specification-Claim for com-
bination by Amendment-Patents Act 1883, s.
18 (Kelly v. Heethmon), 157

Denial of user-Action against licensee for
account Interrogatories - Secret process
Names of customers (Ashworth v. Roberts),
238

Patent- Mortgage of patent- Registration of
mortgage-Action for infringement by patentees
-Parties-Patents, Designs, and Trade Marks
Act 1883, ss. 46-87 (Van Gelder, Apsimon, and
Co. v. Sowerby Bridge United District Flour
Society), 61

-

Petition for revocation Transfer to the
Queen's Bench Division-Patents Act 1883, s.
26-R. S. C., Order XLIX., r. 3 (Re Edge),
220

Validity-Variation between provisional and
complete specification-Distinct statement of
invention claimed (Vickers v. Siddell), 289
Personal injuries-Voluntary school-Accident to
scholar-Negligence of teacher -Liability of
committee of management (Crisp v. Thomas), 27
Pharmacy Act 1868-Sale of poisons-Unquali-
fied person selling as assistant to qualified
chemist-Penalties (Pharmaceutical Society of
Great Britain v. Wheeldon), 7
Pilotage-Port of Chester Act (16 Geo. 3, c. 61)
-Merchant Shipping Act 1854 - Merchant
Shipping Law Amendment Act 1889 (Jones and
others v. Bennett), 27

-

Poor law - Illegitimate child, settlement of
Place of birth-Mother living-Onus of proof
as to settlement of mother (Guardians of Head-
ington Union v. Guardians of Ipswich Union),
44

Settlement-Derivative settlement-Illegiti-
mate child under sixteen- Divided Parishes
Act (39 & 40 Vict. c. 61), ss. 34-36 (Guardians
and Överseers of Manchester v. Guardians of
Ormskirk), 8

-

Practice - Interrogatories

Penal action - 11
Geo, 2, c. 19, s. 3 (Hobbs and Co. Limited v.
Hudson and others), 156

Interrogatories-Penal action-Action by
landlord for double value for fraudulent re-
moval under 11 Geo. 2, c. 19, s. 3-Right of
plaintiff to administer interrogatories-Order
XXXI., r. 1 (Hobbs and Co. Limited v. Hudson
and Co.), 61

Judgment on admissions in pleadings-
Motion Summons in chambers Costs
R. S. C., Order XXXII., r. 6 (Allen v. Oakey),
17

New trial-Questions answered unsatisfac-
torily-Onus of proof that drawer's signatures
on cheques are forgeries-Verdict equivocal
(Chatterton v. London and County Bank),

196

Official referee-Action-Trial-Accounts-
Inquiries-Further consideration-Jurisdiction
-Order on referee-" Officer of the court"
(Re Palmer; Palmer v. Hardwick), 291

Order IV., r. 1-Indorsement on writ-Resi-
dence-Rules of Supreme Court, Appendix A.,
Part 1, Form 1 (Story v. Rees and Hutchins),
46

-

Particulars - Infringement of patent
Patents, Designs, and Trade Marks Act 1883
(46 & 47 Vict. c. 57) (Egleton v. Nichol and
Son), 154

Parties-Forclosure - Debenture-holders-
Costs (Griffith v. Pound), 26

Parties-Vendor and purchaser-Garnishee
order as to purchase money-Action for specific
performance of contract between vendor and
purchaser-Garnishor a necessary party (Steel
Long), 195

v.

[ocr errors]

Partnership action-Costs Partnership
debts-Loans by partners (Rosher v. Crannis),

253

Settlement of pauper Derivative settle-
ment-39 & 40 Vict. c. 61, s. 35 (Divided
Parishes Act 1876) (West Ham Union, apps. v.
Guardians of St. Giles, &c., and others), 185
Poor rate-Borough rate upon occupiers of harbour
-Uninterrupted usage of rating for 150 years-
Presumption therefrom-Rateable occupation
of tramway (Sutton Harbour Improvement
Company, apps.,
195
v. Guardians, &c., of Ply-
mouth), 196
Power of appointment-General power-Exercise
of, by will-Legacy-Reversionary interest (Re
Ludlam; Ludlam v. Ludlam), 73

Power of attorney-Construction-Conflict of
laws (Chatenay v. Brazilian Submarine Tele-
graph Company Limited), 198
Power to appoint-Appointment with power of
revocation Subsequent appointment not re-
ferring to previous appointment-Revocation
(Edwardes v. O'Bryen), 273

Practice-Action to recover specific goods-
Claim of lien by defendant-Application by
plaintiff for delivery of goods on payment into
court of their value-Value of goods less than
defendant's claim-Order L., r. 8 (Gertruder
Naf v. Etienne Ploton), 61

Amendment of judgment-Accidental omis-
sion of words-Judgment twenty years old-
Slip order"-R. S. C., Order XXVIII., r. 11
(Shipwright v. Clements, 180

Arbitration-Award-Motion to set aside-
Notice of motion-Limitation of time-Order
LXIV., r. 14-Order XXII., r. 1 (Re Arbitra-
tion between Gallop and Central Queensland
Meat Company), 137

Company Winding-up-Advertisement of
petition-Omission to state address of peti-
tioner and of his solicitor-Companies Acts
General Order, Nov. 1862, r. 2 (Re David Storer
and Sons Limited) 195
Winding-up
Company
between company and petitioner-Costs of
petitioner's appearance (Re The Adjustable
Horseshoe Syndicate Limited), 238

[ocr errors][merged small]

Petition-Solicitors - Compromise-Infants
-Independent solicitor (Howe v. Robinson),

Petition-Trustees-Power of sale-Mino-
rals apart from surface-Beneficiaries-Ser-
vice-Confirmation of Sales Act 1862 (Re
Wadsworth's Trusts), 273

Pleadings-Default of appearance Amend-
ment of statement of claim-Motion for judg-
ment-Time (Dellacott v. Thompson), 238

Power of district registrar to act as chief
clerk-Judicature Act 1873-Rules of Court
1883 (Hodgetts v. Baker), 157

Production of documents before trial-Per-
son not party to action-Order XXXVII., r. 7
(Elder v. Carter), 5

Renewal of writs-Writs issued before
Judicature Acts 1875-Whether such writs can
be renewed without order of court or judge
(Hume v. Somerton), 137

Right of appeal-Acceptance of order offered
by court-Consent order-Judicature Act 1873,
s. 49 (Aldham v. Brown), 116

Rules of Court 1883-Order XXXI.-Inter-
rogatories--Order to strike out one and part of
another (Sammons v. Bailey), 46

Rules of Supreme Court 1883, Order XXVII.,
r. 1-Default of pleading-Dismissal of action
for want of prosecution-Adjourned summons
(Script Phonography Limited v. Gregg), 26

Security for costs-Action by undischarged
bankrupt Cause of action arising after bank-
ruptcy (Cook v. Whellock), 27

[blocks in formation]

Company Winding-up-Examination of
witness-Pending action-Companies Act 1862
(Re North Australian Territory Company
Limited), 26

Costs-Motion to rectify register-Interlo-
cutory motions Taxation Principle (Re
Metropolitan Coal Consumers' Association;
Wainwright's case), 273

Costs-Partition action-Incumbered shares
-Discretion of court-Partition Act 1868, s. 10
(Belcher v. Williams), 291

Discovery-Documents of title-Privilege-
Affidavit of documents -Interrogatories-Con-
tentious affidavit (Morris v. Edwards), 194

Ejectment Judgment in default of appear-
ance-Land in possession of persons not defen-
dants on writ nor holding through the defendant
-Setting aside judgment (Minet v. Johnson),

[blocks in formation]

Principal and agent - Agent bribed by third Solicitor-Costs-Taxation-Scale fee-Lease in
party-Illegal agreement between principal and
agent Joint tort-feasors-Fraud and misre-
presentation (The Mayor, &c., of Salford v.
Lever), 196

Probate suit-Defendant's interest questioned-
Motion to strike out defence-Refusal (Hall v.
Harrington), 46

- Venue laid in Durham-Application by
defendant on summons-Venue changed to
Middlesex-Motion to set aside order-R. S. C.,
Order XXXVI., r. 1-Refusal of application-
Costs (Jackson". Braithwaite), 159

Will made after marriage -Validity of
marriage questioned (Warter v. Warter), 160
Prohibition Application after judgment-
Married woman sued as spinster-Debtors
Act 1869 Married Women's Property Act
1882 (Beard and Sons v. Bellwood), 27
Promissory note-Renunciation after maturity-
Absolute and unconditional renunciation-Bills
of Exchange Act 1882 (Re George; Francis v.
Bruce), 26
Railway-Diversion of road-Substituted road-
Failure to make-Injunction to restrain use of
railway-Railways Clauses Consolidation Act
1845 (Becke v. The Stratford-on-Avon, &c.
Railway Company), 136

Receiver-Execution (Re West Lancashire
Railway Company), 220

Rent of hired rolling stock-Working ex-
penses-Proper outgoings-Railway Companies
Act 1867 (Re Eastern and Midlands Railway
Company; Ex parte Hepworth and others),
195, 272

Retainer-Insolvent estate-Judicature Act 1875,
s. 10-Married Women's Property Act 1882,
8. 3 (Re May; Crawford v. May), 274
Revenue - Duty on property vested in bodies
corporate or unincorporate Exemption
of property applied for the promotion of
science Customs and Inland Revenue Act
1885 (48 & 49 Vict. c. 51), s. 11, sub-sect. 3
(Commissioners of Inland Revenue v. Forrest),

272

[ocr errors]
[blocks in formation]

Following

funds-Fiduciary position-Injunction (Lister
and Co. v. Stubbs), 6, 24
Seizure of goods-Naval Discipline Act. (Mont-
gomery v. Robinson), 222
Settled Land Act 1882-Improvement Trustees
-Settlement money in the hands of trustees
liable to be laid out in the purchase of land to
be made subject to the settlement (Re Mundy's
Settled Estates), 291

Settled land-Personal chattels settled as heir-
looms-Proposed sale by tenant for life-Dis-
cretion of court to allow-Settled Land Act
1882-Settled Land Act 1889 (Re Earl of Radnor's
Settled Estates), 253

Settlement-Leaseholds-Trustees-Conversion
-Discretion-Power coupled with a trust-
Interference by court-Summons-Rules of
Court 1883, Order LV., r. 3 (Re Burrage;
Burningham v. Burrage), 80

-

Variation of settlements Ante-nuptial
settlement by wife in Scotch form-Wife's
adultery- Law of Scotland - Jurisdiction
(Nunneley v. Nunneley and Marrian), 197
Ship-Bill of lading-Injury to cargo-Liability
of shipowner-Exceptions-Negligence-" In
navigating the ship or otherwise" (Norman v.
Binnington and Co.), 221

[ocr errors]

Carriage of goods-Charter-party-Com-
mencement of voyage Excepted perils
Negligence General average (The Carron
Park), 293

-

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

consideration of annual rent and premium—
Solicitors' Remuneration Order 1881, Sch. 11,
Part 11, rr. 15 (Re Robson), 62

Mortgage to solicitor-Redemption-Costs,
charges, and expenses-Right of solicitor to
charge profit costs (Re Wallis; Ex parte
Lickorish), 5

Negligence-Action commenced in County
Palatine court-County Court-Costs-Public
Health Act 1875 (Barker v. Fleetwood Improve-
ment Commissioners), 27

Property "recovered or preserved "—
Charging order-Money paid into court to
abide the event of an action-Solicitors Act
1860 (Moxon v. Sheppard), 8
Specific performance-Contractual capacity-Tes-
tamentary capacity-Delusions-Brain disease
General enfeeblement Medical evidence
(Birkin v. Wing), 157
Illegal consideration-Compromise of-In-
dictment for nuisance (Windhill Local Board
v. Vint), 237

-

Lease-Parol agreement-Part performance
Expenditure Restrictive covenant (The
Farmers, &c., Dairy Company Limited v.
Enkel), 157

Lien-Mortgagee for value without notice
(Mortlock v. Owen), 62

Statute of Limitations-Mortgage debt-Cove-
nant for payment-Judgment-Personal remedy
-Remedy against property forming security-
Real Property Limitation Act 1874 (Re Lake's
Trusts), 274

Summary jurisdiction-Appeal-Acquittal by
justices Right of appeal by complainant
against acquittal - The Highway Act 1835
(5 & 6 Will. 4, c. 50), s. 105 (Reg. v. Justices of
London: Ex parte Fulham Vestry), 159
Thames Corservancy-River Thames-Navigat-
ing barge over fifty tons burden-One compe-
tent man and boy on board-Sufficiency of-
Watermen and Lightermen's Act Thames
Conservancy Act 1857 (Goldsmith and another
v. Slattery), 8

-

Trade-Contract in restraint of—Validity-Limit
of space-Consideration - Injunction (Wardle
and Sons v. Goldstraw), 220

[ocr errors]

Trade mark-Infringement - Chartreuse "-
Costs on the higher scale-Rules of Court 1883
Order LXV., r. 9 (Grezier v. Ziemer and Co.),
117

"Monopole" and "Dry Monopole" — In-
fringement Agents-Action by-Injunction-
Parties Amendment (Richards and Co. v.
Butcher and another), 137

-

New article-Exclusive use of name-In-
junction (Barlow and Jones Limited v. Johnson
and Co.), 61

-

Persons aggrieved - Monopoly - Notice
Rectification of register Threats Dis-
claimer-Costs-Patents, &c., Act 1883, s. 90
(Re The Apollinaris Company's Trade Mark),
253

Rectification of register-Mark registered
as old-Misrepresentation as to user-Expung-
ing mark after five years-Disclaimer (Baker
and Sons v. Rawson Brothers), 274

Rectification of register-Special and dis-
tinctive words-" Pain Killer"-Trade Marks
Registration Act 1875 (Perry Davis v. Har-
bond), 194

Registration-Mark calculated to deceive
(Re Farrow's Trade Mark Application), 45

Registration-Words calculated to deceive
-Patents, Designs, and Trade Marks Act 1883
(Eno v. Dunn), 155

Trade name Imitation Joint-stock com-
pany Name calculated to deceive-Injunc-
tion (Rendle v. J. E. Rendle and Co. Limited),
117

-

Sale of business with goodwill-Right of
purchaser to use vendor's name-Limitation
(Thynne v. Shove), 80
Tramway Paving Power of local authority
Alteration in paving by Reference to
arbitration Tramways Act 1870 (Bristol
Tramway Company v. Mayor, &c., of Bristol),
136

-

-

Trustee-Alleged misapplication of trust fund-
Order for payment into court-Subsequent
bankruptcy of trustees-Application for writ
of attachment-Jurisdiction-Bankruptcy Act
1883 (46. & 47 Vict. c. 52), s. 9 (Re Sims;
Sims v. Newberry), 63

Breach of trust-Contributory mortgage-
Sale of trust funds-Liability of trustees to
replace stock sold (Re Massingberd's Settle-
ment; Re Clark's Settlement; Holloway v.
Trelawney; Clark v. Trelawney), 156

Breach of trust-Improper investment-
Claim against estate of deceased trustee-
Parties-R. S. C., Order XVI., r. 8-Trustee
Act 1889 (Andrew v. Cooper), 289

Voluntary addition to sums held in trust
Mistaken construction of powers under
will True construction of will Recalling
added funds (Re Walters; Neison v. Walters),

56

1

[blocks in formation]

Specific performance-Contract contained in
letters (Bellamy v. Debenham), 239
Vestry-Election of vestryman-Quo warranto-
Applicability of, to question election of vestry-
Qualification Occupation of club
premises as secretary-Sufficiency of-Metro-
polis Local Management Act 1855, sect. 6 (Reg.
v. Soutter), 293
Weights and Measures Act 1889-Sale of coal-
Weighing same on delivery-Representation of
weight by seller's servant on delivery-
Liability of seller for short weight (Roberts v.
Woodward), 221

Watermen's and Lightermen's Amendment Act
1859 (22 & 23 Vict. c. cxxxiii. s. 80-River
Thames-Navigating steamboat-Towing more
than six barges at same time-Entering docks
(Rolles, app., v. Newell, resp.), 159
Will-Alterations-Clerical error (In the Goods
of Huddleston), 254

Annuity Provision for determination of
annuity-Interference with real estate (Adams)
v. Adams), 272

Bequest to charities-Impure personalty-
Municipal corporation-Mortgages-Land pro-
ducing rents-Mortmain Act (Re Thompson;
Bedford v. Teal), 179
Construction

[merged small][merged small][merged small][merged small][ocr errors]

Construction-Illegitimate child described
as daughter" of testator-Residuary gift to
"children" (Re Brown; Walsh v. Browne),
117

Construction-Omission of words in common
form (Re Hunt; Davies v. Hetherington), 81
Construction--Postponement of period of
distribution-Children of deceased child-Per
capita (Re C. Jackson; Lonsdale v. Jackson),
63
Construction-Power of appointment-Ex-
clusive or non-exclusive-" Representatives
(Re Ware; Cumberlege v. Cumberlege-Warc),

157

Construction Residuary gift - Relatives
hereinbefore named-Vested and terminable
interests (Re Jodrell; Jodrell v. Seale), 5

Construction-Words of limitation-Estate
tail (Re Catting's Estate), 220

Cutting by testatrix- Partial revocation
(In Goods of Dinah Leach, deceased), 27

Direction to repair within a certain time-
Legacies out of proceeds of sale-Failure of
one legacy-Abatement (Re Tunno; Raikes
v. Raikes), 117

Discretionary trust for maintenance-As-
signment of interest by beneficiary-Payments
by trustee after notice of assignment (Re
Neil; Hemming v. Neil), 25

- In form of deed-poll-Evidence of intention
-No executor or residuary clause-Admini-
stration with document annexed granted to
specific legatee (In the Goods of Slinn, de-
ceased), 119

Mortgage-Business debts-Other debts-
Contrary intention-Locke King's Act (17 & 18
Vict. c. 113)-Amendment Acts (30 & 31 Vict.
c. 69 and 40 & 41 Vict. c. 34) (Re Neville;
Robinson v. Neville, 118

Mortgage-Sale-Deficiency-Tenant for life
Remaindermen - Apportioning loss (Re
Foster; Lloyd v. Care), 292
Mutilation-Probate (In the Goods of Mary
Taylor, deceased), 138

Power-Exercise of special power-Inten-
tion (Re Boyd; Neild v. Boyd), 63

Power of investment-Construction-Rail-
way or other public company (Re Sharp;
Rickett v. Sharpe), 116
Substitutionary gift "Descendants
Time of vesting (Re Flower; Matheson v.
Goodwyn), 46

[merged small][ocr errors][merged small]
« EelmineJätka »