Page images
PDF
EPUB

Lease-Construction-Option to purchase free-
hold-"Six calendar months' previous notice
in writing," 363

Covenant to keep and deliver up in repair-
Power of re-entry-Deed-Covenant not to
alter buildings Purchaser for value without
notice-Breach of covenant-Injunction, 484

Lease for lives-Sub-lease-Surrender of
original lease-New lease for lives-Tenant
under sublease in possession-Statutory title, 81
Restrictive covenant-Non-user of premises
as a "coffee-house "-Breach of covenant-
Injunction, 32

Restrictive covenant entered into with
owner of estate by lessee-Similar covenants
subsequently entered into by owner with pur-
chasers Continued liability of owner on his
covenants after parting with all interest in
estate-Right of late owner to enforce original
covenant against assignee of lease taking with
notice, 508

Vendor and purchaser of underlease-Right
to show lease to purchaser-Vendor's title to
leasehold reversion-Conveyancing Act 1881, 35
Legacy and succession duty-Heirlooms, 56
Licensing Acts-Alehouse Act 1828-The Wine
and Beerhouse Act 1869-The Wine and Beer-
house Act Amendment Act 1870-Application
for transfer of licence to new tenant-Expira-
tion of licence - Refusal on the ground of
misconduct on the part of previous occupiers,

311

-

"Illegal dealing" in intoxicating liquor-
Buyer and seller of intoxicating liquor-Con-
viction of buyer-Licensing Act 1874, 263

Licence Beerhouse - Lapse of licence -
Application by new tenant after lapse-Discre-
tion of justices to refuse transfer, 460

Licensing justices Court of summary
jurisdiction-Application for transfer-Objec-
tion by police superintendent-Refusal-Appeal
Notice of appeal Service on "the other
party," 364

Publican-Sale of liquor during prohibited
hours-"Bona fide traveller-Meaning of
Belief of publican that purchaser is a bona fide
traveller, 339

Renewal Notice of objection-Grounds of
objection-Justices acting upon grounds not
specified in notice Disorderly character of
"house"-Evidence of convictions in time of
previous tenants, 82

Selling drink at unlawful time-Bona fide
traveller-Distance of licensed premises from
where travellers lodged-Licensing Act 1874, 35
Light Common landlord-Expiration of plain-
tiff's lease-Right to light after expiration, 387
Limitations, Statute of-Concealed fraud-Con-
tinuous adverse possession by a succession of
persons not claiming under one another, 607

Personal judgment-Period of limitation-
Real Property Limitation Act 1874, 152

Personal judgment-Proper period of limita-
tion applicable to judgment-3 & 4 Will. 4,
c. 27, 8. 40-Real Property Limitation Act 1874,

36

Lord Campbell's Act (9 & 10 Vict. c. 93)-Death
from accident-Pecuniary loss or reasonable
prospect of benefit loss-Evidence-Employers'
Liability Act 1880, 411

Lottery Missing word competition-Disposition
of contributions, 363
Lunacy Alleged lunatic-Inquiry-Costs of
proceedings-Discretion of the judge in lunacy

Payment out of alleged lunatic's estate-
Appeal to the Court of Appeal, 152

Person of unsound mind-Maintenance--
Lunacy Act 1890, 507
Lunatic-Person of unsound mind-Maintenance
-Income-Capital-Power of appointment-
Release Dealing with the estate inconsistent
with the exercise of the power, 104
Manor-Rights of common-Freeholds-Enfran-
chisement-Release of seignorial rights, 484
Married woman-Desertion-Protection order
Separate property-Restraint on anticipation-
Divorce Act 1857, 582

Infant-Settlement Separate estate-Dis-
affirmation-Married Woman's Property Act
1882, 507

Separate estate-Mortgage-Trustee-Hus-
band mortgagor-No payment of interest by
husband for twenty years-Statute of limita-
tions, 106

Master and servant-Servant lent by general
master-Negligence of servant-Servant at
time of negligence under control of person to
whom he was lent-Liability, 436
Mayor's Court-Certiorari to remove action into
High Court-Leave to issue-Discretion of
judge The Mayor's Court Procedure Act 1857
-The Borough and Local Courts of Record Act
1872, 261

Removal of action into High Court-Cer-
tiorari-Charge of fraud-"Action fit to be
tried in Superior Court," 199

Metalliferous Mines Regulation Act 1872-Side
entrance of abandoned mine-Fencing for the
prevention of accidents-Sufficiency of, 11
Metropolis-Addition to old building-Extension
of boundary fence-Distance from centre of
road-"Existing street," 36

Administrative County of London-Regula-
tion of skysigns-54 & 55 Vict. c. 78 (London
Skysigns Act 1891), s. 2, 36

New street-Building in advance of general
line of building - "Building, structure, or
erection "-Garden wall or fence, 388

-

Obstructions in streets Costermongers'
stalls-Michael Angelo Taylor's Act (57 Geo. 3,
c. 29), s. 65-Metropolitan Streets Acts 1867
and 1868-Repeal of earlier act by implication,
365

Mine-Naked lights in coal mine-Managing
director of mine-Appointment of certificated
manager by managing director - Managing
director taking no personal supervision of mine
-Liability of managing director-Coal Mines
Regulation Act 1887, 339

-

Wages Payment by weight of mineral-
Mineral contracted to be gotten-Deductions-
Contract with one illegal stipulation-Other
stipulations valid-Coal Mines Regulation Act
1887, 606

Mortgage-Action by assignee of mortgage debt
on covenant for payment-Notice of assign-
ment-Settlement of equity of redemption-
Payment of interest by tenant for life-Judica-
ture Act 1873, s. 25, sub-sect. 6-Retrospective
operation-Statute of limitations, 484

Foreclosure-Right to redeem - Priority-
Apportionment, 34

Guarantee-Indemnity-Statute of Limita-
tions (21 Jac 1, c. 16), 461

-

Joint and several covenant Surety
Demand Statute of Limitations (3 & 4 Will. 4,
42), s. 3, 508

C.

Mortgage of two properties-Release of one
-Right to redeem both-Priorities-Appor-
tionment, 385

Priority-Legal estate-Misconduct-Exe-
cutor-Legatee of mortgage estates-Title to
deeds, 106

Term-Trust to raise moneys-Transfer of
mortgage-Costs of transfer, 410
Mortmain-Will- Charity-Corporation bonds
secured on general district rates-Pure or im-
pure personalty, 608

National Debt Conversion Act 1888-Rentcharge
redeemable by transfer of three per cent. an-
nuities-Redemption by transfer of new con-
sols, 81

Navigation-River Thames-Steamboat-" Pro-
per look-out to be kept"- Lightermen and
Watermen's Amendment Act 1859-Bye-law 99
Thames Conservancy Act 1864-Bye-law 36,
36
Negligence-Certificates of building given by
Surveyor-Surveyor employed by mortgagor-
No contract between surveyor and mortgagee-
Negligence of surveyor-Loss suffered by mort-
gagee, 335

Notice of action-Length of time of notice
required-Sufficiency of notice, 263

Railway company-Level crossing-Accident
caused by plaintiff's own negligence, 339
Nuisance Injunction Apprehended future

nuisance-Evidence, 437

Noise and smoke caused by the working of
engines Discomfort and annoyance-Excep-
tional quietude-Claim for injunction, 508

Theatre Collecting crowd in highway-
Obstructing access to plaintiff's premises, 485
Tramway company- Company under the
Companies Act 1862-Acquisition of under-
taking of previous company with special statu-
tory powers Special Act authorising the
transfer of the undertaking and additional
works-Extent of powers of new company, 57

Tramway company-Discharge of electricity
-Interference with telephonic currents-Ex-
traordinary user of neighbouring property-
Absence of means for protection of such user
-Nuisance authorised by statute, 337
Parliamentary deposit Tramway company-
Persons entitled-Creditors-Official liquidator
-Costs-Tramways Act 1870-Board of Trade
Rules 1884, r. 28-Parliamentary Deposits and
Loans Act 1892, 106
Parliamentary registration - List of voters-
Objection-Objector's name struck out in re-
vision-Validity of objection, 58
Lodger franchise Servant lodging with
master on premises where business carried on,

59

Partition-Infant-Marriage settlement-Repu-
diation after attaining twenty-one-Reasonable

time-Mortgage-Sale-Conveyance-Covenant
for further assurance-Liability of property
sold and conveyed for payment of mortgage
debt-Liability of whole estate for payment of
mortgage debt incurred for rebuilding, 508

Partition Rights of co-owners-Mortgage of
share-Receipt of rents by mortgagor-Priority
-Account, 198
Partnership-Articles-Provision that on bank-
ruptcy of partner his share should remain on
loan till expiration of term-Validity-Bank-
ruptcy of partner providing whole of capital-
Right of solvent partner to be appointed re-
ceiver in action to wind-up partnership-Terms
of order, 263

-

Date for taking annual account-Balance-
sheet to be signed by partners-Death of a
partner between nominal date of annual account
and actual signing of balance-sheet-Purchase
of partnership premises by railway company-
Enhanced value of premises-With reference
to which year's account value of deceased part-
ner's share must be ascertained, 199

Judgment by consent against one partner-
Counter-claim by other partner for money due
to firm-Estoppel-Arbitration-"All matters
in the action -Counter-claim, 264

Land purchased for development-Real or
personal estate, 538
Patent-Alleged infringement-Action to restrain
threats-Letters from patentee in answer to
inquiries-Patentee declining to bring action
for infringement-Injunction to restrain threats
granted, 80

Design-Infringement-Subject of design-
Photograph, 178

Trade mark-Registration-Exclusive use
Special and distinctive words "-Rectifica-
tion of register, 438

Trade mark-User-Words on packing cases
-Circumstances insufficient to establish user,

363

Penalty-Liquidated damages-Contract for sale
of patent-Payment of purchase money by
instalments-Payment of first instalment-
Default-Forfeiture of sum paid, 609
Pharmacy-Sale of poison-Mixture containing
poison-Patent medicine Chlorodyne

Sale by unregistered person-Penalty-Phar-
macy Act 1868, 365

Pledge-Claim of ownership by the pledgee-
Tender of amount due not excused-Action of
detinue will not lie, 80

-

Poor law Pauper settlement Contract of
apprenticeship-Settlement acquired by con-
tract not under seal, 11

Treasurer to guardians-Services of trea-
surer gratuitous-Sum lost through failure of
bank-Liability of treasurer for loss, 388
Poor rate-County rates-Parish in two counties
-County Rates Act 1852, 410

Rateability of premises used for the pur-
poses of a volunteer corps-The Volunteer Act
1863, 365

Sewage works Beneficial occupation
Hypothetical tenant-Metropolis Management
Act 1855-Local Government Act. 1888, 198
Power-Exercise-Appointment with condition in
favour of persons not objects of the power-
Validity-Severance of condition - Hotch-pot
clause-Several funds - Trusts declared by
reference, 34

Power of appointment-Perpetuity-Effect of, on
subsequent limitations, 34

Practice-Adding parties-Non-joinder of de-
fendant-Joint contract-Co-contractor resi-
dent out of the jurisdiction-Rules of the
Supreme Court 1883, Order XVI., r. 11, 335

Adding parties-Order XVI., r. 11-Joint
contract-Non-joinder of a defendant residing
out of the jurisdiction, 264

Appeal for costs-Trustee-Costs of unsuc-
cessful action-Costs, charges, and expenses-
Allowance by judge-Right of cestui que trust
to appeal, 128

Appeal from County Court-No note of
proceedings in County Court-Order of Divi-
sional Court for examination of witnesses there
-Jurisdiction, 538

Appeal from court of summary jurisdiction
-Statement of special case-Copy of applica-
tion for must be left with clerk of court
within seven days-Condition precedent, 603

Appeal from decision of justices acting
under private Act-Summary Jurisdiction Act
1879-Interpretation Act 1889-Construction of
private Act enlarging the ambit of a borough,
311

Appeal-Interpleader-Question of law -
Decision by judge in a summary manner-No
right of appeal-Common Law Procedure Act
1860, 537

Appeal-Leave to appeal in forma pauperis
--Application to the Court of Appeal-Rules of
the Supreme Court 1883, Order XVI., rr. 22, 23,
24, 261

Arbitration - Motion to stay proceedings-
Time-Step in action-Arbitration Act 1889, 581
Arbitration-Reference by consent of all
matters in dispute in the action-Order for
inspection-Jurisdiction, 409

Practice Arbitration-Reference by order of
the Court-Matters of account-Arbitration
Act 1889, 8

Arbitration-Special case stated by arbi-
trator-Appeal-Arbitration Act 1889, 178

Attachment-Motion-Irregularity - Name
of wrong judge on notice-Affidavits-Service
-Condoning irregularity-"Serve with the
notice of motion," 285

Breach of covenant-Claim for injunction-
Joinder of separate canses of action-Leave of
court not obtained, 387

Charging order-Shares-Interest of debtor
of no value-Discretion to make charging order,
33

Company-Shares-Perishable goods-Order
for sale-Rules of Court 1883, Order L., r. 2, 410
Contempt-Service-Filing at central office
-Attachment, 128

Costs-Higher Scale R. S. C. 1883, 285
Costs Taxation Counsel's fees
freshers-Order LXV., r. 27 (48), 311

Re-

Costs-Trial by jury-Order upon success-
ful plaintiff to pay costs of defendant-" Good
cause "-Rules of the Supreme Court 1883, 483

[ocr errors]

Costs-Trial by jury-Power to deprive
successful plaintiff of costs-"Good cause
Oppression-Rules of the Supreme Court 1883,
Order LXV., r. 1, 335

Counter-claim Dismissal of action for
default in pleading — Judgment on counter-
claim, 81

County Court-Action commenced in High
Court-Transfer before trial to County Court-
Action founded on contract-Amount recovered
less than 201.-Costs-County Courts Act 1888,
286

County Court-Action commenced in the
High Court-Transfer to County Court-Action
founded on contract-Amount recovered less
than 501.-County Courts Act 1888, 483

County Court, appeal from-Notice of
appeal-Service of notice-Service upon Lon-
don agent of country solicitor-Sufficiency of
such service, 286

Discovery-Infant plaintiffs-Next friend-
Affidavit of documents-Rules of Supreme
Court, Order XXXI., r. 12-Judicature Act
1873, s. 100, 581

Discovery-Interrogatories - Setting aside
as being unreasonably or vexatiously exhibited
-Striking out as prolix, oppressive, or un-
necessary, 33

Discovery-Privilege-Transcript of short-
hand notes of examination of bankruptcy by
trustee in bankruptcy, 285

Dismissal of action-Frivolous and vexa-
tious-Restraint against any further proceed-
ings, 11

Equitable execution - Receiver Foreign
correspondent of newspaper-Salary payable
abroad-No assets within jurisdiction-Judg-
ment creditor - Appointment of receiver of
salary, 312

Equitable execution - Receiver-Salary of
newspaper correspondent resident abroad-
Receiver of future earnings "Just and con-
venient," 460

Evidence-Admissibility - Solicitor's diary
-Entries in pursuance of duty, 362

Evidence-Special examiner Examiner of
the court-Country case, 581

Examiner Order on defendant to attend as
witness Contempt-Attachment - Obedience
to the order-Discharge-Ex parte motion, 387

Execution-Dormant action-Delay of one
year-Notice to proceed Application for leave
to issue writ of sequestration, 309

Foreclosure Receiver Accruing rents-
Money in receiver's hands-Order for payment
-Default of appearance-Evidence, 387

Form of order--Vesting order-Right to
transfer-Shares not fully paid up-Trustee
Act 1850-Trustee Extension Act (15 & 16 Vict.
c. 55), s. 6, 80

High Court action remitted to County Court
-Appeal from County Court judge-Service of
notice of appeal on solicitors' London agents,
36

Interpleader - Interest in the subject-
matter-Collusion-Rules of the Supreme Court
1883, Order LVII., r. 2 (a) and (b), 582

Interrogatories Patent action- Right to
discovery dependent on determination of issue,
538

Irish judgment-Enforcing in England-
Execution-Judgment summons -Debtors Act
1869-Judgments Extension Act 1868, 8

Judgment debtor-Examination-Property
or means of satisfying the judgment, 538

Money paid into court generally-Items of
bill-Extent of admission of liability-County
Court Rules 1889, 311

Mortgage Foreclosure-Sale instead of
foreclosure Conveyancing and Law of Pro-
nerty Act 1881, 81

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

Solicitor and client-Power to order delivery
of bill of costs-Agreement to pay lump sum-
Bankruptcy - Suspicion of fraudulent pre-
ference, 583

Special case-Striking case out of the list-
20 & 21 Vict. c. 43, s. 2-Crown Office Rules
1886, Nos. 141, 255, 312

Statement of claim-Joinder of causes of
action-Claims against executors as executors
-Claims against executors personally-Right
to join these claims, 312

Statement of claim-Order for delivery of
particulars_within limited time-Non-com-
pliance Dismissal of action Pleadings
frivolous and vexatious-Inherent power of
Court, 152

---

Suing proprietor of newspaper in name of
newspaper-Proprietor a foreigner resident out
of jurisdiction-Manager within jurisdiction-
Substituted service
on manager-Leave to
serve out of jurisdiction concurrent writ,
556

Taxation of bill of costs-Omission to place
change of solicitors on the record-Order VII.,
r. 3, 365

Trial-Jury-Equitable mortgage to secure
overdrafts-Action for redemption-Liability
of bankers for payment of forged cheques
Alleged negligence of mortgagor, 57, 105

Trustee Act 1850, s. 9-Vesting order-
Trustee out of jurisdiction-Service, 387

Trustee Trustees of will predeceasing
testator-Appointment of new trustees-Con-
veyancing and Law of Property Act 1881,

581

Writ-Defendants sued on behalf of and
representing others-Action for damages for
tort and for an injunction-Trades Unions-
Order XVI., r 9, 409

Writ---Indorsement Statement of claim
-Alteration or extension of claim made by
writ-Partnership action-Claim for accounts
-Addition of claim for return of premium and
damages, 462

Writ of ne exeat regno-Motion to discharge
before arrest-Debtors Act 1869, s. 6-R. S. C.,
Order LXIX., r. 1, 387

Writ Service of Foreign corporation
carrying on business in England-R. S. C. 1883,
Order XIX., r. 8, 129

-Writ-Service out of the jurisdiction-Action
properly brought against defendant within the
jurisdiction-Person out of the jurisdiction
a necessary and proper party 483

Writ Service out of jurisdiction-Proper
parties-Order XI., r. 1 (g), 411

Writ specially indorsed-Appearance by
defendant to writ not specially indorsed-
Leave to sign judgment refused-Subsequent
amendment of writ-Second summons under
Order XIV.-Right of plaintiff to judgment on
second summons. 107

Writ specially indorsed -Condition pre-
cedent to cause of action-Averment of-
Amendment after appearance, 286

Writ specially indorsed-Order III., r. 6
-Bill of exchange-Meaning of -Expenses of
noting—“ Bank charges "-Bills of Exchange
Act 18 2, 286

Writ-Suing defendants as representing
others-Order II., r. 3-Order XVI., r. 9, 388

Principal and agent-Country broker and Lon-
don broker-Running account-Sale of consols
-Power of attorney to London broker-Pay-
ment to country broker-Principal abroad-
Liability, 153

Undisclosed principal-Liability of principal
for acts of agent within the scope of such an
agent's usual authority, 199
Public Health Acts-Sewers-Street not sewered
to the satisfaction of local authority-Sewer
made and accepted by local authority - No
power to require a new sewer to be made, 461

Smallpox hospital-Consent of local autho-
rity of adjoining district-Nuisance-"Noxious
or offensive trade or business"-Public Health
Act 1875, 336

Street Paving and metalling - Expenses-
Apportionment on frontage-Dispute-Action
to enforce payment - Jurisdiction of High
Court-Arbitration, 538

Unsound meat-Seizure-Application to
justice to condemn-Refusal - Compensation
to owner-Costs of appearing before justice,
609

Public Health (Buildings in Streets) Act 1888-
Photographer's showcases erected beyond the
front main wall of the houses on either side-
"House or building," 12

Railway company-Mortgagees-Charge on the
undertaking-Appointment of receiver-Re-
construction and repairing of bridges-Appli-
cation for liberty to expend money on-Railway
Companies Act 1867, 362

[merged small][ocr errors]

Parliamentary deposit-Time for comple-
tion - Abandonment Payment out - Parlia-
mentary Deposits and Bonds Act 1892, 81

Passenger-Duty of station-master to assist
passenger to recover stolen property, 264, 336
Railway-Minerals under railway-Clay-Right
of owner to work from surface-Railways Clauses
Consolidation Act 1845, 128

Mines Surface-Trespass-Right of owner
to work mines from surface-Railways Clauses
Consolidation Act 1845, 58

[ocr errors]
[ocr errors]

Scheme of arrangement-Creditors-Sale of
undertaking-Bill in Parliament-Petition to
sanction scheme-Railway Companies Act 1867,
106
Rating - Appeal - Necessity for notice to the
Union Assessment Committee and failure to
obtain relief-Poor rate made by vestry under
local act-Union Assessment Committee Act
1862-Union Assessment Committee Amend-
ment Act 1864, 312
Registry Acts - Yorkshire Conveyance'
Memorandum of charge - Agreement for
the purchase and sale of land-Payment of part
of purchase money-Yorkshire Registries Act
1884, 129
Revenue-Probate duty-Bona fide mistake in
valuation-Liability of executor after close of
administration-" Person acting in the admin-
istration of the estate "-Customs and Inland
Revenue Act 1881, 261
Right of way-Loss of access to road-Abandon-
ment of easement, 581

Sale of goods-Sale by sample-Goods not equal
to sample-Rejection by purchaser, 178
Settled Land Acts-Fund for improvements-
Sinking fund chargeable against tenant for
life or estate, 581

Heirlooms-Sale out of court-Approval er
post facto Gift of personalty upon trust to
keep up settled estate until sale-Invalidity,
581

[ocr errors][merged small]

20, 438

Tenant for life-Annuitants-Trustee-Soli-
citor-Incumbrance-Proposal to raise money
to pay off incumbrance-Injunction, 235

Tenant for life-Mortgage to pay off incum-
brances-Interest of persons entitled under the
settlement, 607

Trustees with powers of management-
Tenant for life- Possession - Title deeds-
Settled Land Acts 1882 to 1890, 437
Settled real estate-Powers to charge jointure of
portions Bequest of personal estate to be laid
out in the purchase of laud to be settled to same
uses-Effect of charges under powers, 106
Settlement-Equitable tenant for life-Cesser of
life estate until debts be paid-Powers of
tenant for life-Settled Land Act 1882, 337
Sheriff-Officer-Illegal acts by servant of sheriff
-Scope of employment, 265
Ship-Bill of lading-Demurrage-Delay in dis-
charging cargo- Reasonable time-Strike of
dock labourers-Liability of consignee, 177

[ocr errors]

Bill of lading - -"Neglect or default of
master or crew - Unseaworthiness-Pipe not
properly cased, 79

Charter-party-Bill of lading-Liability of
registered managing owner-Loss by unsea.
worthiness, 56

Ship Charter-party-Disbursements on account
of ship-Authority of master-Maritime lien,

177

Charter-party-Lay days-Loading-Duty of
shipowner Stevedore servant of shipowner-
Delay in stowing cargo-Liability of charterer,
198

Collision-Regulations for Preventing Col-
lisions, art. 5-Ship not under command, 409

Injury to seamen-)
-Rope in defective con-
dition-Liability of owner for negligence, 79

Merchant Shipping Act 1854-Ship-Navi-
gation-Electric launch not having certificate
carrying passengers on artificial lake, 311

Steamship navigating rivers-Refusal of
crew to obey orders-Summary proceedings
before justices-Employers and Workmen Act
1875-Seamen-Merchant Shipping Act 1854,

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

Trespass to person-Assault-Justification of
Fire brigade established under Public Health
Act 1875-Powers to exclude volunteer firemen
-Towns Police Clauses Act 1847 - Public
Health Act 1875-Metropolitan Fire Brigade
Act 1865, 583

Trustee-Breach of trust-Costs, charges, and
expenses subsequent to judgment in action
against trustee, 105

Breach of trust-Moneys allowed to remain
in hands of solicitor-Liability to repay to trust
estate, 462

107

Infant-Account-Delay-Trustee Act 1888
Investment on second mortgage-Liability
-Payment into court-Trustee Act 1888,
385

Liability-Acceptance of trust-Disclaimer
Signing of legacy duty receipt-Loss of trust
fund, 485

Mortgage-Tenant for life - Valuation-
Deficiency-Consent of tenant for life-Statute
of Limitations - Impounding of income of
tenant for life-Infants-Liability of trustees,
582

Remuneration-Fraud of person properly
employed by him-Liability, 153
Trust estate -Mortgage-Breach of trust-Sale
by mortgagee with notice-Right of cestuis que
trust to proceeds-Will-Description -" Now
in my occupation"— Codicil-Republication,
56
Tunnel under highway-Ownership of soil-Ease-
ment Exclusive user for upwards of twelve
years Prescription Act-Real Property Limi
tation Act, 37 & 38 Vict. c. 56, 7.
Vaccination-Neglect to have child vaccinated
-Reasonable excuse-Evidence of-Vaccina-
tion Act 1867, 37

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

Water supply -Joint board - Local authority
supplying water Powers to lay pipes-
Powers exercisable outside district, 608
Waterworks company-Sale of undertaking to
sanitary authority-Price to be fixed by arbi-
trator Claim for compensation for loss of
right to supply purchasing district with water
-Value to the seller or to the buyer, 152
Will-Ademption-Devised estate sold and re-
conveyed by way of mortgage, 57

Annuities -Tenant for life and remainder-
man-Apportionment, 485

Charitable gift-" Religious societies'
Intestacy, 34, 336

Charity-Mortmain Act 1891-Will made
before Act-Testator dying after Act-Appli-
cation of Act, 35

Construction-Gift of residue to five per-
sons by name-Tenants in common-Codicil
excluding one person-Lapse, 310

Construction-Gift to a class-Child en
ventre sa mère, 9

Construction - Name and arms clause-
"Entitled to actual possession or receipt of
rents and profits"-Time for forfeiture-
Profitless estate-Receipt of part of rents only,
486
Construction Rentcharges Charge on
corpus or income-Arrears-Sale or mortgage
of estate charges, 438

[ocr errors]

Construction-Specific devise of mortgaged
property-Exoneration-Contrary intention-
Specific fund for payment of debts-Real
Estate Charges Act 1854, 35

Construction--Substitutional gift, 9
Execution-Full attestation clause and
ap-
parent due execution-Evidence of attesting
witnesses-Presumption-" Omnia præsumun-
tur rite esse acta" rebutted-Probate refused, 13
Gift to charity-Gift over to individuals-
Perpetuity-Construction, 539

[ocr errors]

Guarantee Note or memorandum in
writing "-Statute of Frauds (29 Car. 2, c. 3),
s. 4, 57

Lapse Gift to children as a class-One
member only of class-Issue taken by substitu-
tion-Wills Act (1 Vict. c. 26), s. 33, 285

Leasehold house-Rent-Repairs-Fine on
renewal Tenant for life-Remainderman--
Trustees-Liability, 9

Legacy to executors - Infant executor-
Interest, 35

Life estates-Revocation-Acceleration, 310
Probate contested on pleas of undue influ-
ence and want of capacity-Will upheld-Pleas
not established-Costs out of estate, 37

Residuary bequest-Leasehold property-
Possession by legatee-Assent by executors, 608
Revocation clause-Principal and agent-
Testatrix misinformed by agent as to revoca-
tion clause-Absence of fraud, 12

--

Specific bequest Residuary bequest
Stamps-Account stamp duty-Estate duty-
Customs and Inland Revenue Act 1881-Cus-
toms and Inland Revenue Act 1889, 10

Undue influence-Plea not established-
Costs out of the estate, 59

Wills and codicils-Words written on back
of one of the codicils-Blank piece of paper
pasted over writing-Motion for removal of
pasted paper-Order, 463

[blocks in formation]
[blocks in formation]

Addison (Q.C., M.P.), J., 469

Aldridge, H. G. R., 238
Austin, J. D., 189

Bailey, G. W., 396

Banting, E., 446

Barry (B.A., LL.B.), R. F., 271

Bate, W. G., 319

Baxter, W. H., 517

Beal, J., 217

Besley, E. T. E., 207
Boyd, W., 131

Brown, G. W. F., 67
Bubb, G., 517
Bull, C. H., 207
Bull, J. C., 207
Bull, T. W., 517
Burroughs, J., 84
Burrows, A. B., 297
Calvert, R. K., 131
Carlyon, E. L., 370

Carne-Hill, W. J., 271

Chastanet, C., 370

Christophers, T., 345

Coleridge, the Hon. G., 189

Cook, H. W., 543

Cozens-Hardy (Q.C., M.P.), 469

Crackanthorpe (Q.C., D.C.L.), M.

H.,

113

Cuff, C. E., 131

Davies, D. E., 13

Davis, L., 561

Dingle, E. S., 297

Dingli (LL.D., G.C.M.G., C.B.),

Sir A., 370

[blocks in formation]

PROMOTIONS AND APPOINTMENTS.

Forsyth, D., 217

Forward, E. W., 469

Francis, A. E., 446

Fraser, W. J., 207

French (Q.C.), D. O., 207
Fuller, C. H., 421
Geddes, D. J., 345
Glyde, J. C., 44
Gregson, W., 131
Grover, H. A., 561
Gwyn, W. T., 67, 131
Hancock, R., 271
Harding, W., 207
Harris (Q.C.), R., 67
Hawken, W. Í., 421
Hill (Q.C.), S., 113
Holmes, L., 44
Holt, E., 517

Hooper, His Honour Judge, 189

Hopkins, A. E., 131

Humble, M. H., 271

Janson, J. F., 67

[blocks in formation]
[blocks in formation]

Nolan (Q.C.), F., 13

Norman, A. R., 446

Oppenheim, H. S., 67

Orrell, J. A., 517

Owen, E. A., 616

Palles, Lord Chief Justice, 113
Paris, A., 616

Paterson, His Honour Judge, 543

Pegge, J., 13

Phillips, H. W. P., 113

Pilling, A. B., 370

Piper, C. A., 491

Porcher, H., 13

Priest, C. J., 370
Rampini, R. F., 616
Restall, W. S., 469
Rigby (Q.C.), J., 113
Riggall, J. K., 396

Rimmington, G. H., 319
Ripley, E., 271

Robinson (Q.C.), W. F., 271, 421
Roderick, W. B., 131
Rook (LL.B.), W. N.,
271
Rose, Master J., 319
Rowcliffe, W. E., 189, 396
Rumsey, A., 161

Russell (Q.C.), Sir C., 113
Russell, T. C., 84

Ryall, F., 345, 396

Ryland, T. W., 297
Sayer, W. L., 593

Selfe, His Honour Judge, 593
Simey (B.A.), G. I., 319
Slater, A., 297

[blocks in formation]

Stewart, C. W. V., 421

Stockwood, J., 67

Straight, D., 113

Sutcliffe, J. H., 271

Symonds, A. G., 207
Taylor, S., 370
Thomas, C. R., 370
Thompson, J. F., 319

Thornely, S., 297

Thornton, C., 421

Tombs, W. T. S., 271

K.C.B.), Sir

Troutbeck (B.A., B.C.L.), J., 446

Turner, J. H., 593

Tyson, E. T., 616

Walker, R. S., 13

Wallis, A. T., 593

Welch, J. R., 131

Wellington, J., 297

Westbrook, G. J., 593

West (LL.D., Lond.), Dr. L. H.,

Whitsea, I., 189

Wilkins, E., 13

Williams, J., 161

Williams, W. H., 113

Willis, G. H., 396
Wilmshurst, W., 84
Winder, T. H., 319
Withers, G. H., 189
Wood, E., 517
Woodhouse, H., 84

616

[blocks in formation]

Circuits of the judges, 21, 3

THE COURTS AND COURT PAPERS.

| Northern Circuit notices, 21, 348

Public Officers' Fees Act, 1879, 189

THE

LAW TIMES,

THE JOURNAL OF THE LAW AND THE

FROM NOVEMBER 1892 TO APRIL 1893.

To Readers and Correspondents.

VOLUME XCIV.

All communications must be authenticated by the name and address of the writer,
not necessarily for publication, but as a guarantee of good faith.
Anonymous communications are invariably rejected.

All communications intended for the Editorial Department should, in order to prevent
delay, be addressed to the "EDITOR OF THE LAW TIMES." Advertisements, orders
for papers, &c., should be kept distinct, and addressed to the Publisher, Mr. HORACE
Cox, Law Times" Office, Windsor House, Bream's-buildings, E.C.

TO ADVERTISERS.

SCALE OF CHARGES FOR ADVERTISEMENTS.

Four lines of thirty words, or less than thirty words, in body type.........
Each additional line, or ten words, or less than ten words

3s. 6d.
08. 6d.
For three insertions a reduction of 10 per cent.; for six insertions a reduction of
20 per cent.

Advertisers whose reference is under initials to this office should remit 6d. additional to defray postage in transmitting replies to their Advertisements.

Advertisements must reach the Office not later than five o'clock on Thursday afternoon, and must be accompanied by a remittance. Post-office Orders payable to Horace Cox.

[blocks in formation]

THE GUARDIANS OF THE POOR OF
WEST HAM (apps.) r. THE CHURCH-
WARDENS, OVERSEERS, AND GUAR-
DIANS OF THE PARISH OF ST. MAT-
THEW, BETHNAL GREEN (resps.)—
Poor law-Settlement by residence.. 310
REG. . BAYARD.-Practice-Criminal
law-Costs-Certiorari-Removal of
indictment-Recognisance-Indict-
ment-Several counts...

REG. e. W. BRUCE, ESQ. (Stipendiary
Magistrate) AND THE GUARDIANS OF
THE BRAMLEY UNION (resps.)-Poor
law-
Pauper lunatic Irremov-
ability
WILLIS . WELLS AND OTHERS (Trus-
tees of the New Union Society).—
Friendly Society Expulsion of
members-Rules of society

[blocks in formation]

313

314

316

......

318

PROBATE, DIVORCE, AND ADMIR-
ALTY DIVISION.
PROBATE BUSINESS.
In the Goods of ASHTON (deceased).—
Will-Construction-Clause naming
executors — " My nephew George
Ashton" Two relatives of same
name-Latent ambiguity .........
In the Goods of Wm. Jackson (de-
ceased).-Administration with will
annexed-Probate Act 1857, s. 73-
Special circumstances"- Agree-

ment..

In the Goods of ISABELLA GORDON
(deceased).-Will-Codicil- Earlier
will-Error in date of reference-
Probate, omitting incorrect refer-

ence

In the Goods of ANNE WILKINSON
(deceased).-Will-Appointment of
trustees Direction to pay debts
and legacies, and to divide residue-
Executors according to the tenor
LEADING ARTICLES, &C.
TO READERS AND CORRESPONDENTS...
LEADING ARTICLES.-Topics of the
Week-The Revision of Legislation
affecting the British Constitution-
The New Zealander in the Law
Courts, A.D. 1900-Colonial Lessions
in Law Reform............
LAW LIBRARY...
OCCASIONAL NOTES .....

325

327

328

328

1

1

6

6

8

13

Sittings of the

13

NOTES OF RECENT DECISIONS NOT YET
REPORTED

PROMOTIONS AND APPOINTMENTS

COUNTY Courts.
Courts

GENERALINTELLIGENCE.-Proceedings

affecting the Profession-Unclaimed
Stock and Dividends in the Bank
of England-Appointments under
the Joint Stock Winding-up Acts-
Creditors under Estates in Chancery
-Creditors under 22 & 23 Vict. c. 35
-Quarter Sessions
CORRESPONDENCE.
NOTES AND QUERIES
LAW STUDENTS' JOURNAL. - Council
of Legal Education: Michaelmas
Examination 1892-Owens College,
Manchester-Irish Law Students'
Debating Society-Students' Socie-
ties...
THE COURTS AND COURT PAPERS.-
Rota of Registrars-Circuits of the
Judges: Autumn Assizes 1892-
Northern Circuit: Winter Assizes,
November 1892

13

18

18

18

LAWYERS

Just published, price 5s., post free, Second Edition.

WHARTON'S MAXIMS. With Observations and Cases.

In Two Parts. Part I. One Hundred Maxims, with Observations and Cases. Part II. Eight Hundred Maxims, with Translations. By GEORGE FREDERICK WHARTON, Solicitor.

HORACE COX, "Law Times" Office, Windsor House, Bream's-buildings, E.C.

The Law and the Lawyers.

An old custom of swearing in judges before the Lord Chief Justice in open court was revived in the case of Mr. Justice KENNEDY. We think this is right. Everything which publicly reiterates and affirms that the judges are sworn to do right to all persons without fear, favour, or affection, is to be kept alive and encouraged.

AN amusing incident, in which the memory of the LORD CHIEF JUSTICE has been proved to be very defective, has occurred in connection with refreshers to counsel. When at the Bar he was punctilious-rightly punctilious from the point of view of the Bar-in insisting upon the observance of the etiquette which requires a client to pay refreshers to counsel so long as a case lasts, wholly regardless of the question whether the counsel is present. Some years ago his Lordship enforced this view in his own case, we believe successfully, and the correspondence between himself and the solicitors is still preserved among the muniments of the Legal Profession. Oblivious of the existence of this material for adverse comment, the CHIEF JUSTICE declared that his historical mouth watered when he heard of the refreshers asked in the present day, and judicially he held that it was impossible that counsel could require payment by way of refreshers for a period during which he was absent. This is a more inconvenient attitude even than that forced upon Mr. ASQUITH with regard to the peoples' rights by his advocacy at the Bar.

[blocks in formation]
[blocks in formation]
[blocks in formation]

322

BIRTHS, MARRIAGES, AND DEATHS...... 24

FROM the establishment of the Court for Divorce and Matrimonial Causes, the proceedings in which commenced in

« EelmineJätka »