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
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
Patent law, the eccentricities of foreign, 114, Wills, Revocation by marriage, 20
Abbott, C.E., 209
Aldham, W., 328
Allinson, A.C., 228
Arbuthnot, R.G., 210
Atkinson, T., 339
Atthill, Judge, 328
Ayerst, F., 369
Barnard, J. F., 126
Bate, C. R., 210
Beckles, S. H., 349
Bissill, C. E., 318
Boughey, W. F. F.,
Brewer, J. H., 145
Brown, H., 126
Burnham, G. H, 209
Burton, D., 415
Chesshyre, C. J., 126
Chinn, H. S., 209
Chrystal, J., 126
Clayton, J., 318
Connor, Sir H., 281
Cooper, J. H., 395
Coppock, T., 339
Cornish, T., 328
Crompton, C., 281
Crooke, W. S. P., 339
Crossman, G. D., 328
Croxton, G., 318
Dayman, G., 170
Darlington, R., 170
Davies, W. R., 210
Davis, P. S., 126
Dawson, C. B., 210
Day, G. N., 125
De Morgan, G., 145
Doherty, J. E., 209
Dyne, H., 209, 228
Eglinton, H. A., 319
Ellis, C. T., 170 ́
Farquharson, C. M., 339
Fawcett, W. R., 227
Fenwick, J. C., 415
Frances, G., 145
Francis, S., 415
Freeman, C. E., 228
Grant, R. D., 328
Grant, T. W., 281
Greenwood, J., 415
Griffin, E. F., 328
Hansard, L. H., 395
Harcourt, C. W., 126
Hardcastle, F., 145
Hardman, Sir W., 349
Hart, Sir A. S., 227
Heath, J. E., 298
Henfrey, W., 319
Horsey, G., 209
Howell, D., 349
Humphreys, J. J. H., 339
Ingham, W. J. W., 328
Jackson, Sir L. S., 257
James, C. H., 415
Jebb, W. F., 415
Johnson, J. J., 319
Kerferd, Judge, 227
Kidston, J. B., 415
Knight, J. H., 170
Lee, The Hon. Lord, 415
McHugh, J. B., 145′
Marshall, W., 209
Martineau, H., 349
Marum, E. P. M., 395
Mercer, N., 170
Miller, H. B., 228
Milne, F., 328
Milne-Horne, D., 395
Morrieson, E. C., 243
Mote, J. J., 4.15
Mundy, C. F., 210
Myburgh, A., 210
Naish, Lord Justice, 339
O'Bryne, R., 210
Parker, F., 228
Pattenden, F. W., 145
Pepys, Hon. G., 349
Poole, J. R., 145
Prendergast, F., 349
Pugh, D., 257
Rackham, W. B. S., 145
Ralston, W. R. S., 210
Roberts, E. P., 125
Rose, J. A., 415
Salway, J. E., 169
Seare, T., 395
Simpson, C., 228
Simpson, A. W., 210
Smith, C., 395
Sparling, P. S., 228
Sweeting, H. E., 145
Taylor, W. G., 209
Thomas, G., 359
Trevenen, A. B., 210
Turner, R. O., 170
Van Sandau, F. E., 126
Vredenburgh, W., 319
Waddilove, A., 298
Walker, E., 359
Wall, J. C., 227
Ware, T. H., 319
Weightmann, T. T., 210
West, T., 309
Whitlaw, C., 210
Willan, R., 170
Williams, G., 126
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
Sale of interest under will-Concurrence of mort-
NOTES OF RECENT DECISIONS.
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
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
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
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),
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
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
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),
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
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
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
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),
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
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
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-
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),
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),
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
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),
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
Partnership action-Costs Partnership debts-Loans by partners (Rosher v. Crannis),
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
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
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),
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),
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
Carriage of goods-Charter-party-Com- mencement of voyage Excepted perils Negligence General average (The Carron Park), 293
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
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),
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
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),
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
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