certified that the defendant was entitled to be allowed a certain

sum for interest on the monies which he had from time to time advanced to the plaintiff, and that he ought to be charged with interest on the rents received by him.

Malins, Q.C., and Jessel now moved to vary the certificate by striking out the sums allowed; and they submitted, that as there was no evidence of the existence of any partnership articles, or of any special contract, whereby it had been stipulated that the defendant should be paid interest, it could not be allowed.

Woodroffe supported the certificate, and submitted, that as the defendant had provided all the capital, and as the plaintiff had merely found the labour, for which he had been paid at the usual rate, the defendant was entitled to the interest which the chief clerk had allowed from the dates of the advances down to the date of the certificate, or at any rate the defendant was entitled to interest down to the date of the decree.

Sir J. STUART, V.-C., said that in a case of this kind, unless there were a contract of some kind to pay interest, or some principle of law which authorised him to say that one partner, who advanced all the money for a certain purpose, was entitled to interest, he could not allow it at all. The accounts ordered. were of all partnership dealings and transactions. Those accounts had been taken, and the chief clerk had certified that the defendant ought to be charged with interest upon the rents which he had received, and that he ought to be allowed interest on all the monies which he had advanced for the affairs of the partnership. That, he (Sir J. STUART) thought, was a mistake on the part of the chief clerk, and he should therefore vary the certificate by striking out all the items which he had allowed for interest.

Malins asked for costs generally.

Sir J. STUART, V.-C., said the justice of the case would be answered by not giving costs of the suit on either side, but he should direct the defendant to pay half the costs which had been incurred in the sale of the property, the amount to be settled by the chief clerk in case the parties differed.

STEVENS

v.

Соок.

INDEX.

[In this and future indexes only cases reproduced at large will be included.]

ACCORD AND SATISFACTION - Railway Company — Injury to
passenger - Acceptance of small sum in settlement Subsequent
development of serious injuries. See Negligence, 5.

-

ACTION-1. Cause of-Sale of glandered horse-Infection of another
horse of plaintiff's-Payments to veterinary surgeon-Remoteness of
damage. Hill v. Balls
547

.

2. Watercourse-Action for fouling-Possession of use of stream,
how far sufficient to sustain action against wrongdoer. Whaley v.
La ny

3.

645

Abstraction of water percolating underground-
Prescriptive rights of land-owner and mill-owner-Cause of action.
Chasemore v. Richards

.

187

ADVOWSON-Sale of Non-communication of fact of charge on
living - Compensation Specific performance. See Vendor and
Purchaser, 3.

ANIMAL-1. Person keeping animal of fierce nature bound to keep
it so that it shall not commit injury-Evidence of tameness received
under special circumstances in reduction of damages. Besozzi v.
Harris

873
2. Sale of Horse suffering from glanders-Sale in horse reposi-
tory-Illegality-" Public and open place." Hill v. Balls
547

-

Lands taken by Railway

ARBITRATION-1. Award Finality
Company-Ejectment-Mesne profits-Reference of matters in differ-
Smalley v. Blackburn Rail. Co.

ence.

2.

arbitrators.

3.

Extortion by arbitrator - Action to recover back
excessive charges paid in order to take up award. Barnes v.
Braithwaite

697

ASSAULT-Threat to shoot-Presenting loaded gun-Justification
for arrest. Osborn v. Veitch

ASSIGNMENT-By sheriff-Validity of. See Sheriff, 2.

914

ATTORNEY-GENERAL Consent of, to proceedings for penalty.
See Penalty, 1.

BANKRUPTCY-1. Act of bankruptcy-Sale on eve of bankruptcy
of stock in trade and effects--Consideration in part an old debt-Trading
stopped as result of sale. Bell v. Simpson

2.

613

Trader Beginning to keep house-Refusal to see person
from whom insolvent had bought goods. Clements v. McKibben

431

BARRISTER-Counsel cause raised to Bench not precluded from
taking part in hearing of that cause, but he may properly decline to do

229

BILL OF EXCHANGE AND PROMISSORY NOTE-1. Acceptance,
whether qualined-Insertion of due date by acceptor differing from
Late in body dll. Fr.

--

395

-Asteptance by new frm for debt of old
Partnership. 1. 2

frm-Beseval of bill given by cli irm

1. Forga 1-Stamp duty-Drawee residing in England —
bether necessary for in tree to stamp bill before presenting it for

4 Prom secry note-Company-Label:
pany or of directors signing note

-

T

Cheque as evidence of payment - Evidence, 2

BILL OF SALE-1. Person who has under authority from assignee
arsed upon bill of sale by selling goods, cannot, in action by assignee
for proceeds, impeach its validity. Inder. Ite
.. 906

Description of assignor-Gentleman - Medical student
temporarily acting as assistant to surgeon. Smax. Berk.. M
3 Property passing-Assignment of all furniture in house and
moladed in schedule-Goods brought and inserted in schedule before
but not received until after execution STB... 894

-

- 4 Afiant-Attestation-Bestdence of attesting witness-Dis-
tinction between place of abode and place of business. Arteirenjiv,

Non-registration-Bill of sale not nullifed by want of regis
tration if goods in actual possession of assignee at time of execution.
M...

CARRIER: Railway Company Passengers -Injury to passenger
Carriage thrown of rais - Embankment over-run with water--
Extraordinary food Nature of scil Evidence of negligence -Mis-
direction.

S. P. Jy v. Grace N-le Est, G

857
889

Goods-Obligation to carry goods with reasonable expedition
Ordinary rate of speed, if too slow no answer to claim for damages
for delay. ENO v. L: attire a - Yorkshire Bank Co. . . . 872
— 3. — Through traffic-Liability for goods destroyed by fire on
line of another Company. Bristä avi Ezter Boil. C. v. Colins . . 106
Liability for loss of goods beyond limits of Company's
v. lieten si kuta

4.
line. W
5.

754
It is not ultra vires for Company to carry beyond their
own line by sea or by coach. Wah, v. Wes Corana" Bui. Co... 754
Duty of carrier after refusal of consignee to accept

6. -

goods-Pleading-Trover. Cronek v. Great Western Bow, Co.

-

7. Notice to consignor Liability of carrier for
leakage arising from defect in package. Huison v. Barewale 702

CERTIORARI-To remove cause from county court-Practice-
ition as to costs. Ex parte Great Western Rail. Co..

. 691

CHARITY AND CHARITABLE TRUST-1. Charitable bequest-
Validity-Certainty-Gift to trustees to be applied "according to
their discretion for the advancement and propagation of education and
learning all over the world"-Held a valid charitable bequest, not
void for uncertainty. Whicker v. Hume.

.

70
2. Mortmain Act (9 Geo. II. c. 36) does not extend to New
South Wales. Whicker v. Hume
70
COLONY-1. Statutes, whether applicable to - Mortmain Act
(9 Geo. II. c. 36) does not extend to New South Wales. Whicker v.

Hume

2.

9 Geo. IV. c. 83, s. 24, refers to laws regulating adminis-
tration of justice in New South Wales, not to general law of Colony.
Whicker v. Hume

.

70

COMMON-Right of
right-Unity of seisin-Tenancy for life. Warburton v. Parke

common - Prescription -- Enjoyment as of

433

COMPANY-1. Promissory note-Form of note-Liability whether
that of Company or of directors signing note.

2. Shareholder-Scire facias-Equitable defence to declaration
in sci. fa. against shareholder. Bill v. Richards.

3. Secretary-Admission by Authority. See Evidence, 10.
CONDITION. See Will, 8, 9.
CONFLICT OF LAWS 1. Domicil Testator I Will must be
executed according to law of country where testator domiciled at
time of his death. Whicker v. Hume .

2.

70

English grant of probate not appealed against, conclu-
sively establishes that will was executed in accordance with English
law--But it does not determine whether testator's domicil was English.
Whicker v. Hume

70
Scottish divorce-Effect of judicial separation-Status of
wife living apart from husband. Dolphin v. Robins
210
Quare whether after a decree of judicial separation, a wife
can acquire a domicil different from that of husband. Dolphin v.
Robins

210
-Guaranty Forbearance as consideration for
guaranty. See Principal and Surety, 1, 2.

CONSIDERATION

CONTRACT--1. Offer by letter-Request for reply "by return of
post"-Conditional offer-No contract in absence of reply. Kirby v.

Trotter

.

954

2. Action for breach of contract -Parol plea of leave and licence
Exoneration from contract. Dobson v. Espie
444

3. Construction of works- - Specification Company Implied
covenant by Company to erect steam engine. Knight v. Gravesend and
Milton Waterworks Co.

--

398
4. Action for work and labour - Building contract Delay --
Penalties-Set-off Pleading- Hindrance and exoneration-Architect's
certificate held conclusive. Arnold v. Walker

5.

962

Extras -Knowledge of defendant Stipulation that
works should be completed to satisfaction of defendant or her surveyor
Evidence. Johnson v. Weston

-

964

6. Illegality--Usury - Substitution of new contract-Legacy
duty. See Revenue, 1.

And see Poor Law; Sale of Goods, 1; Ship and Shipping, 3, 4;
Specific Performance; Vendor and Purchaser.