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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
Subsequent
Acceptance of small sum in settlement
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

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

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
See
Compensation - Specific
Purchaser, 3.

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performance.

Vendor and

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

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Finality

ARBITRATION-1. Award
Lands taken by Railway
Company-Ejectment-Mesne profits-Reference of matters in differ-
ence. Smalley v. Blackburn Rail. Co.

2.

arbitrators.

3.

480

Remitting back award after death of one of several
Lord v. Hawkins

427

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

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613
Trader Beginning to keep house-Refusal to see person
from whom insolvent had bought goods. Clements v. McKibben
431

2.

BANKRUPTCY-L. An of bankruptcy-What is evidence of-Know-
Dedge in art of beskripsy

4. Discharge of debo-Sew scntract or security for payment of
11 fan-Xingage-Bedengan-Brad-Jaigment debt. Anbrow v.

BARRISTER-Crisel se razsed to Bench not precluded from
taktne part a bearing if that cause, but he may properly decline to do

BILL OF EXCHANGE AND PROMISSORY NOTE-1. Acceptance,
wieder qualited-Insertion of due date by acceptor differing from
tate la body of a bet

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395

Partnership - Acceptance by new frm for debt of old
given by clim → Partnership, 1, 2

— 1. In bil-Stamp duty-Drawee residing in England-
betzer necessary for intirsee to stamp bill before presenting it for

42%

4. Promissory node-Company-Liability, whether that of Com-

pany or if directors signing note

542

Cheque as evidence of payment See Evidence, 2.
BILL OF SALE-1. Person who has under authority from assignee
acted upon bill of sale by selling goods, cannot, in action by assignee
for proceeds, impeach is validity. Duke v. Jok

906

1 Description of assignor-Gentleman"-Medical student
temporarily acting as assistant to surgeca.

-Property passing-Assignment of all furniture in house and
muded in schedule-Goods brought and inserted in schedule before
not received until after execution. Sv. BA..

4 Afiant-Attestation-Residence of attesting witness-Dis-
tinction between place of abode and place of business. 47bnejit.

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

T.

CARRIER : Batway Company-Passengers-Injury to passenger
Carriage thrown of rails Embankment cver-run with water
Extraordinary food Nature of soil-Evidence of negligence Mis-

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887

889

Goods-Obligation to carry goods with reasonable expedition
Ordinary rate of speed, if too slow no answer to claim for damages
for delay.
v. Latime & Yorkshire Ezil. Ca..
. 672
Through traffic-Liability for goods destroyed by fire on
line of another Company. Brisk and Exeter Boil. C. x. Caliu

line.

3.

106

Liability for loss of goods beyond limits of Company's

734

It is not ultra vires for Company to carry beyond their
own line by sea or by coach. Wah, v. West Comba" Bul. Co... 754
Duty of carrier after refusal of consignee to accept
goods-Pleading-Trover. Cacich v. Great Western Bat. Co. 651

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7.

Notice to consignor

leakage arising from defect in package.

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Liability of carrier for
Heisen v. Barendale . 702

CERTIORARI-To remove cause from county court-Practice-
dition 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

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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
70

2.

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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

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

70

as of

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433

COMPANY-1. Promissory note Form of note-Liability whether
that of Company or of directors signing note. Lindus v. Me'rose . 542
2. Shareholder-Scire facias-Equitable defence to declaration

in sci. fa. against shareholder. Bill v. Richards .

555

3. Secretary-Admission by Authority. See Evidencə, 10.
CONDITION. See Will, 8, 9.
CONFLICT OF LAWS 1. Domicil Testator - 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

3.

70

Scottish divorce-Effect of judicial separation-Status of
wife living apart from husband. Dolphin v. Robins

4.

210
Quare whether after a decree of judicial separation, a wife
can acquire a domicil different from that of husband. Dolphin v.
Robins
210

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

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

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.

. 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.

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