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PRACTICE-1. Appeal-Cross-appeal may be entered after statutory
time of original appeal is in time. Bank of England Case

. 276

2. Parties-Annuity charged on lands of judgment debtor-Bill
to obtain benefit of purchase of annuity-Judgment creditors held on
plea of want of parties not to be necessary parties. Ford v. Tennant

307

3. Pleading Equitable plea-Principal and agent--Mistake
of parties-Parol evidence. Wake v. Harrop

4.

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461

Plea pleaded as an equitable defence may be sus-
tained as a plea at law if it discloses a good legal defence. Hyde v.
Graham

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673

PRINCIPAL AND AGENT 1. Agent's account Claim against
principal-Unauthorized transfer of principal's shares-Cross-suits-
Service of writ-Principal out of jurisdiction-Measure of damages.
Dantra v. Stiebel.

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941

2. Agent contracting as principal-Charter-party-Equitable
plea-Parol evidence. Wake v. Harrop

461

3. Authority of agent to receive payment Revocation of
authority-Ordinary course of business. Breming v. Mackie
830

4. Authority to agent to procure loan on usual terms-Delega-
tion of authority by agent-Loan procured by sub-agent on different
terms-Liability of principal to sub-agent for commission. Mason v.

Clifton

. 907

5. Horse-dealer-Horses sent to dealer for sale-Revocation of
dealer's authority to sell and to receive price--Buyer without notice of
revocation of authority-Payment to dealer held good as against seller.
Curlewis v. Birkbeck

905

PRINCIPAL AND SURETY-1. Continuing guaranty Death of
guarantor-Liability of guarantor's executors. Bradbury v. Morgan 489

2. Guaranty Supply of building materials On whose credit
materials furnished. Smith v. Rudhall .
812

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PROMISSORY NOTE. See Bill of Exchange and Promissory Note.
PUBLIC HEALTH ACT-Local board of health-Power to make
bye-laws-Trespass for pulling down wall-Quare whether a wall is a
building within Local Government Act, 1858, s. 35 (now Public
Health Act, 1875, s. 155). Brown v. Holyhead Local Board.
678

RACING-On highway. See Highway.

RAILWAY-Construction of line-Statutory powers-Power to land-
owners to construct cross lines for private purposes-Right to make
line for general traffic. Hughes v. Chester and Holyhead Rail. Co.
And see Lands Clauses Act.

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REVENUE-1. Legacy duty-Domicil-Attaché to foreign embassy
in England-Exemption from taxes-Nature and extent of privilege.
Att.-Gen. v. Kent

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Chief Justice of Ceylon-Presumption of continuance
of domicil of origin-Burden of proof. Att.-Gen. v. Rowe

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3. Devise of real estate to nieces-Option to nephew to
take estate on his investing £10,000 in Consols for benefit of nieces-
Exercise of option-Liability of £10,000 to legacy duty. Att.-Gen. v.
Wyndham.
663

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REVENUE 4. Legacy duty - Rate of duty-Will-Power of
appointment-Exercise of power by charging fund with debts and
legacies-Disclaimer by legatee taking in default of appointment-
Election. Att.-Gen. v. Brackenbury

. 774

5. Succession duty-Tontine-Liability to duty on distribution
-Contract within s. 17 of Succession Duty Act, 1853 (16 & 17 Vict.
c. 51). Oldfield v. Preston.
. . 187

6.

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Officer of Customs Fund established for widows,
children and relatives of Customs officers Contributions by
deductions from salaries-Gift by will of share of fund to sister-
Successor-Liability to succession duty. Att.-Gen. v. Abdy

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499

Devise-Power-Vesting of reversionary property-New
succession-16 & 17 Vict. c. 51, s. 15. Att.-Gen. v. Gardner

704

SALE OF GOODS-1. Contract-Note or memorandum-Contract or
offer "Awaiting your reply "-Subsequent parol agreement in terms
of previous letter. Watts v. Ainsworth

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388
Contract signed for buyer by
Durrell v. Evans
446
defect - Failure of buyer to

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394

SET-OFF-Equitable set-off against judgment debt. See Husband

and Wife, 2.

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SHERIFF-1. Interpleader-Wrongful seizure of goods-Execution
creditor-Trespass by relation-Liability of execution creditor who is
party to interpleader issue for acts of sheriff. Woollen v. Wright . 658
Interpleader order-Liability of execution creditor for
wrongful seizure and sale. Walker v. Olding

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692

SHIP AND SHIPPING-1. Bills of lading-Forgery
shipped-Request to bankers to accept bills against bills of lading-
Implied contract of indemnity. Woods v. Thiedemann

2.

No cargo

611

Short delivery of goods-Liability of master-Bags of
meal of two sizes with same mark - Contents of bags unknown. Bradley
v. Dunipace
637

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3.

Freight-Master has no authority to sign bills of lading
for lower rate of freight than owner had contracted for. Pickernell v.
Jauberry
834
4. Broker-Renewal of charter-Right of "introducing broker"
to commission on renewal-Evidence of custom. Allan v. Sundius. 417
5. Introduction of one broker by another-Right of "introducing
broker" to share of commission Custom of trade Unreasonable
custom-Evidence. Gibson v. Crick

-

425
"Cole's

6. Charter-party-Demurrage-Place of unloading.
wharf or as near thereto as she may safely get "-Ship unable to get
alongside wharf by reason of tide. Bastifell v. Lloyd

. 576

7.
Delay in loading—“Regular turn”—Entry in book
-Custom of colliery or wharf-Reasonable time-Order of readiness.
Lawson v. Burness
581

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SHIP AND SHIPPING-9. Demurrage-Liability of shipowner to
charterer for not addressing ship to his agents-Delay caused by
absence of notice to consignees-Measure of damages. Bradley v.
Goddard
890

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10. Freight-Lien of shipowner for freight-Waiver-Part of
goods taken away on payment of proportionate part of freight-
Authority of broker. Perez v. Alsop
824

11. Mortgage of vessel-Speculative use of ship by mortgagee
in possession - Trading - Improper sale. Marriott v. Anchor Rever-
sionary Co.

12.

81

Question as to right of mortgagee to employ ship con-
sidered. Marriott v. Anchor Reversionary Co..

81

13. Non-delivery of goods, liability of shipowner for-Notice to
consignee of arrival of ship-Wharfage and landing charges. Houlder
v. General Steam Navigation Co.

816

14. Sale of yacht-Warranty, what amounts to-Admissibility
of parol evidence-Letters-Representation-Bill of sale. Stucley v.
Baily

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588
Where representations, which may amount to a
warranty, are contained in letters which constitute a contract of sale,
evidence of surrounding circumstances is admissible for purpose of
showing that no warranty was contemplated by the parties. Stucley v.
Baily.
588
16. Salvage-Apportionment-Right of seaman to sue for share
of salvage awarded by justices under Merchant Shipping Act and paid
to owner of salvor vessel. Atkinson v. Woodhall.
444

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17. Seaman-Wages-Articles signed at foreign port-Implied
warranty of seaworthiness-Ship in leaky condition-Consideration for
new promise to pay extra wages. Turner v. Owen

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. 821
SOLICITOR-1. Negligence-Liability of solicitor for improperly
suing in superior Court instead of in County Court. Lee v. Dixon. 901
2. Summary jurisdiction-Rule calling upon solicitor to answer
matters of affidavit-Rule absolute to answer within certain time or in
default attachment, and also that he be struck off roll.
Worman

3.

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In re

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703

Non-delivery of papers-Attachment-Papers in solici-
tor's possession or power-Documents detained by third parties. In re
Williams
49

4. Taxation of costs-Special circumstances-Cash accounts-
Bill delivered more than twelve months before petition. In re Nicholson
42

SPECIFIC PERFORMANCE-1. Specific performance of executory
contract refused where some of the provisions inseparable from the
rest of the contract could not be effectually enforced against defendant.
Kernot v. Potter
. 202
2. Death of vendor intestate before completion-Infant heir-at-
law-Suit by purchaser for specific performance-No costs given on
either side. Hodson v. Carter.

3.

by will of vendor. Hodson v. Carter

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Costs would have been given if estate had been devised
. 957
4. Lease of minerals Knowledge of lessee as to value of
property-Failure to disclose to lessor-Lessor induced to execute lease
without previous negotiation Offer of fair extra allowance for
minerals obtained-Specific performance refused. Walters v. Morgan

309

SPORTING-Lease of sporting rights-Damage to crops by hunting
-Putting on excessive number of rabbits-Damages--Evidence. Paget
v. Birkbeck.

895

STATUTE-Construction-Acts of Parliament which interfere with
private rights or interests should be strictly construed so far as these
rights and interests are concerned. Hughes v. Chester and Holyhead Rail.
Co.
166

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SUCCESSION DUTY. See Revenue, 5-7.

TENANT FOR LIFE-1. Diversion of mill stream-Compensation
under Defence Act, 1842-Power of Court to apply money awarded in
part reimbursement of cost of erecting steam engine to work mill.
Ex parte Duke of Wellington
. 8

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legacy - Shares-Bonus declared out of
satisfaction of claim by Company against
Maclaren v. Stainton

66

92

THEATRE—1. Unlicensed theatre-Portable theatre consisting of
two caravans drawn from place to place by horses held not a tene-
ment" within 2 & 3 Vict. c. 47, s. 46. Fredericks v. Howie
. 571
Portable booth theatre-"Place"-Representation of
stage play-Penalty-6 & 7 Vict. c. 68, s. 11. Fredericks v. Payne. 670

2.

TITLE DEEDS-Right of tenant for life to custody as against
contingent remainderman. Allwood v. Heywood.
762

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TRESPASS-1. Bailiff of County Court-Taking chattel under County
Court execution against third party-Wrongful entry. Lewis v. Cole

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805

2. Breaking and entering inhabited dwelling-house-Right of
entry to abate nuisance-Justification-Exercise of rights of common.
Jones v. Jones
. 338
3. Pleading-Equitable plea-Leave and licence, revocation of.
Hyde v. Graham
673

TROVER AND CONVERSION-Goods obtained by fraud-Pledge
by fraudulent purchaser-Bona fide advances-Sale by pledgee-
Liability of pledgee in trover. Hardman v. Booth
784

TRUST-1. Breach of trust-Cestui que trust will not be held to have
sanctioned breach of trust merely on ground that while his interest
was reversionary he knew of breach and did not interfere. Life Association
of Scotland v. Siddal
28

2. Declaration of trust-Manifestation and proof of trust of
lands-Statute of Frauds, s. 7. Smith v. Matthews
63

UNDUE INFLUENCE. See Fraud and Misrepresentation; Power.

VENDOR AND PURCHASER-1. Particulars and conditions of
sale-Misdescription-Freehold-Ground rent-Rent in gross payable
under covenant-Proviso for compensation in case of mistake-Action
against auctioneer to recover deposit-Rescission of contract.
Evans v.
Robins

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522

2. Purchase by solicitor from client-Undervalue-Evidence of
payment of purchase-money-Receipt indorsed on conveyance--
Presumption-Lapse of time. Gresley v. Mousley

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195

VENDOR AND PURCHASER-3. Sale subject to option to re-
purchase Specified time for exercise of option-Price depending on
amount of sales by purchaser in meantime-Duty of purchaser to
render account. Ponsford v. Hankey

--

249

4. Specific performance - Property of Company Sale under
Winding-up Acts-Special condition as to outstanding legal estate.
Sheerness Waterworks Co. v. Polson

. 18

5. Misdescription - Particulars and conditions of sale
-Part of land subject to leases for lives-"Rents and profits"
-Waiver by purchaser-Compensation-Reference as to title. Hughes
v. Jones

And see cases under Specific Performance.

WILL-1. Construction

Norman v. Kynaston

145

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2. Ambiguity-Two persons of same name and description—
Admissibility of parol evidence to explain intention. Fleming v.
Fleming

3.

4.

486

Annuity-Legacy-Priority. Whitehouse v. Insole 946

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Gift of annuity to servant "provided she shall be
in my service at the time of my decease "-Wrongful dismissal by
testator two days before his death-Constructive service. Darlow v.
Edwards

654

5. Class-"Each child that may be born "-Children
begotten after death of testator-Children born at date of codicil and
not included therein. Townsend v. Early

6.

7.

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Contingent remainder-Residue. Walpole v. Laslett. 959
Cross-remainders-Implication-"In default of issue."

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Devise to person of particular name—“Right heirs "—
Heir-at-law. Thorpe v. Thorpe

9.

546

Devise of real estate-Occupation clause-"Mansion-
house, gardens and premises "-Meaning of "premises.” Lethbridge v.
Lethbridge

234

10.

Executor, legacy to-Renunciation of probate-Right
to legacy. In re Denby

166

11.

Absolute bequest to executors-Executors trustees
for next of kin. Saltmarsh v. Barrett
127

12.
Lees v. Massey

Gift to "relations"

Period for ascertaining class.

54

13.

Gift over Contingency-Marriage, whether restricted
to lifetime of tenant for life. Witham v. Witham

326

14.

Next of kin--Period of distribution-Next of kin at
time of testator's death held entitled under ultimate bequest. Fletcher
v. Fletcher.

15.

333

Legacy, specific or demonstrative-Gift of "£2,000
Long Annuities standing in my name”—Testatrix having £300 Long
Annuities only-Legacy held specific and not demonstrative and to fail
as to deficiency. Gordon v. Duff

286

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