An indenture of settlement contained a power for the tenant for life to lease for lives the heredita

Com-ments to any person willing to build houses thereon: Also a power to mines under the lands" with all such lease for sixty-three years the coal powers, authorities, accommodations, liberties, and privileges as shall be necessary or are usually contained

In an action by a banking pany, established under the 7 Geo. 4, c. 46, and suing as a Company registered under the 20 & 21 Vict. c. 48, s. 6, the Court allowed the defendant to plead, together with pleas going to the merits,-1st. Traverse, of registration of Company. 2. Traverse, that the Company was carrying on business as bankers until registration. 3. That before registration the Company had stopped payment and ceased to carry on business as bankers. 4. Nul tiel corporation. But the Court refused to allow the defendant also to plead -That before registration the Company had lost their reserve fund and more than one-fourth of their paidup capital, whereby they ceased to carry on legally the business of bankers. The Liverpool Borough Bank v. Mellor,

in leases of collieries or mines in

the county, place, or neighbourhood

where the collieries intended to be

demised are or shall be situate, for seeking, winning, working, drawing, taking and carrying away the coals; so as the lessees be not made dispunishable for waste by any express tion of this power the tenant for life words therein contained. In execugranted a lease which contained a Power for the lessee "to erect, build and construct, and set up in and upon the said mines, lands and premises, all such engine-houses, machine offices, counting-houses, warehouses, store-rooms, workshops, workmen's cottages, huts, &c., erec(2). Plea in Trespass for False Im-tions, buildings and accommodations

66

prisonment.

551

In trespass for false imprisonment, the defendant under the plea of 'not guilty," may give in evidence the excuse, if it merely goes in mitigation of damages, though he cannot

as shall be bonâ fide necessary or proper for or in the due prosecution and carrying on of the said works.” There was also a power to dig and use stones, slate, brick earth and materials in any part of the land which should be required for the

Secondly, that the lease was not void on the ground that the Per Pollock, C. B. and Watson, B. to build was in violation of the pro-Such order does not stay the sealvision in the settlement that the ing_of the bill of exceptions. Hill lessees should not be made dispu- v. Fox, nishable for waste. Sir John Mor

rice, Bart., and Lockwood v. The (3). Month's Notice of Intention to Rhydydefed Colliery Company, 473

In an action for an injury to the v. Frost, plaintiff by the careless driving of a servant of the defendants, the Court refused to make an order for particulars of the injury sustained by the plaintiff. Wicks v. Macnamara and Others,

Where a person permits another to act as his general agent, he is bound by a contract made by the agent, although the latter declares himself as acting "by procuration," and has received special instructions which he exceeds.

The defendant, who formerly carried on the business of a corn merchant at Limerick, came to reside in London, and left his brother M. to conduct his business in Limerick. The defendant's name remained over the door. For the space of three years M. purchased large quantities of oats, and chartered numerous ships on account of the defendant. On these occasions the defendant usually sent him special instructions. In the year 1858, a ship in the port of Limerick being about to proceed to Quebec for a cargo of timber, M. chartered her to carry, on her return from Quebec, a cargo of oats to London. He signed the charterparty "per procuration." In action against the defendant for not loading a cargo pursuant to the charter-party-Held, that it was properly left to the jury to say whether the defendant had allowed M. to act as his general agent, and if so he was liable although M. might have exceeded his authority.

an

In an action against the charterer of a ship for not loading a cargo, the measure of damage is the amount of freight which would have been earned after deducting the expenses, and also any profit which the ship may have earned, during the period over which the charter extended.

Semble, that the shipowner is not bound to take a new cargo for the most he can get, in order to reduce the damages to be paid by the charterer. Smith v. Thomas M'Guire, 554

(2). Discharge of Principal by Conduct.

Where a party who has dealt with an agent, has by his conduct led the principal to believe that he looked to the agent alone for payment, and thereby induced the principal, after the debt has become due, either to pay the agent the amount, or allow him to retain it out of the principal's money in his hands, the party so acting cannot afterwards resort to the principal

The plaintiff, the owner of a ship, applied to a broker to effect an insurance on it; the broker signed a policy on behalf of the defendant, an underwriter. The ship was lost, and the plaintiff having applied to the broker for payment received from him a credit note. It was usual to pay credit notes at a month from their date. Both at the time of signing the policy and of the adjustment, the broker had money of the defendant sufficient to pay the loss. Nearly three months after the credit note was given the broker stopped payment, when the plaintiff applied to the defendant for the amount of the loss.-Held, that there was no injury to the defendant by the conduct of the plaintiff which rendered it unjust to call on him for payment, and therefore the case did not fall within the above rule of law. Macfarlane v. Giannacopulo,

PRINTER.

Compositors' Charge.

860

Disputes having arisen between compositors and master printers as to payment to the former for printing advertisements on wrappers, the following rules were made by a com

entered the defendant's service with knowledge of that decision, and that the defendant had been one of the arbitrators; nothing, however, was said as to the terms of payment; but both parties understood that it was to be made according to the rules.

Held: First, that the decision of the arbitrators was not, at the time of the employment of the plaintiff, binding between the parties as an interpretation of the rule; and that notwithstanding their decision it was competent for the Court to entertain the question of its construction.

Secondly, that the plaintiff was entitled to recover for the composing; the true construction of the rule being: that the compositor may charge according to the scale when any advertisement not standing is inserted in the same page with a standing advertisement, but that when standing advertisements are printed in the same page so as completely to fill it, the compositor is only entitled to charge for his time in making up.

mittee of each body:-" Wrappers. | favour of the master. The plaintiff The compositor on a magazine or review to be entitled to the first or title page of the wrapper of the magazine or review, but not to the remaining pages of such wrapper or to the advertising sheets which may accompany the magazine or review. Standing advertisements or stereoblocks forming a complete page, or when collected together making one or more complete pages in a wrapper or advertising sheet of a magazine or review, not to be charged. The compositor to charge only for his time in making them up. The remainder of the matter in such wrappers or advertising sheets, including standing advertisements or stereoblocks not forming a complete page, to be charged by the compositor and cast up according to certain articles of the scale referred to, as they may respectively apply." In the November number of a Monthly Magazine there was composed and printed on one page two advertisements which occupied the entire page, and the type of which was left standing. In the December number, the same two advertisements were printed, but on different pages: and each occupied about half a page and the remainder of the page was filled up by other advertisements. The plaintiff, who was a compositor, insisted that, under the latter part of the rule, he was entitled to charge for the composing; the defendant, who was the master printer, contended that the case was within the first part of the rule, and that the plaintiff was only entitled to charge" for his time in making up." In the year 1856, a similar dispute arose between a compositor and a master printer, and the matter having been referred to arbitration in pursuance of certain rules which were still in force, three arbitrators awarded in

Also Held, by the Court of Exchequer Chamber, (affirming the judgment of the Court of Exchequer); first, that the decision of the arbitrators was not, at the time of the employment of the plaintiff, binding between the parties as an interpretation of the rule; and that notwithstanding their decision it was competent for the Court to entertain the question of its construction.

Secondly, that the plaintiff was entitled to recover for the composing; the true construction of the rule being: that the compositor may charge according to the scale when any advertisement not standing is inserted in the same page with a

Conduct of his Cause at Trial in application to parliament for an Act