Glasse, Q.C., in reply.

The LORD CHANCELLOR (Lord WESTBURY), after an elaborate analysis of the evidence in the case, in the course of which he stated that he entirely disbelieved the affidavit of Mr. Webster, said that he quite agreed that trustees denuding themselves of trust funds, if they did so under circumstances that warranted any reasonable belief of the insecurity of the trust funds in the hands of those to whom they committed them, should not be considered in this Court as having validly discharged themselves of the custody of the trust funds, or released themselves from responsibility. About the principle of the Court there could be no doubt. The application of that principle was a different thing; and strict as the rules of the Court must always be in examining the conduct of trustees under such circumstances, it was the duty of the Court to protect them unless there was a case proved by incontrovertible testimony of there being negligence or misconduct, or, as here alleged, fraud to justify the Court acting against them; and his Lordship felt bound to say that he could not, in his conscience, find any materials in this case upon which the decree of the VICECHANCELLOR Ought to be supported. He, therefore, reversed that decree, save so far as it dealt with the suit of Le Hunt v. Webster, and save so far as it related to a third suit, which he was sorry to say appeared to have been instituted; and directed the bill in Webster v. Le Hunt to be dismissed, and dismissed with costs.

INDEX.

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

ACQUIESCENCE. See Waiver and Acquiescence.

ACTION, CAUSE OF. See Malicious Process.

ADVANCEMENT Sums advanced by testator to children on mar-
riage and to establish them in business held in satisfaction of shares
of residue bequeathed by father's will. Schofield v. Heap.

329

332

ANNUITY-Arrears-Corpus of estate charged insufficient to pay
arrears-Division between annuitants pro rata-Principle of valua-
tion. Todd v. Bielby

.

429

ARBITRATION-1. Award-Improper reception of evidence-Appli-
cation to set aside award refused. Davenport v. Vickery

.956

2. Vendor and purchaser-Reference as to value-Power of
Court to appoint umpire under Common Law Procedure Act, 1854.
Collins v. Collins

127

ASSIGNMENT-Voluntary-Effect given to voluntary assignment
of policy of assurance containing irrevocable power of attorney.
Pearson v. Amicable Assurance Office
386

ATTORNEY-GENERAL-As party to suit. See Practice, 4.

BANKER Security for balance of customer's account-"May be due
on balance of the account "-Held to cover existing balance only, and
not to be continuing security for floating balance. In re Medewe's
Trust.

BANK NOTES Action to recover-Halves sent by letter-Property
in sender. Smith v. Mundy

BILL OF EXCHANGE-Gift of. See Donatio Mortis Causa, 1, 2.

BILL OF SALE 1. Execution-Sufficiency and description of resi-
dence of grantor-Place of business. Hewer v. Cox
774
Affidavit of execution Description of attesting witness
"Gentleman "-Solicitor's clerk. Dryden v. Hope

3. Filing, time for-Apparent possession-Execution within 21

days. Marples v. Hartley

857

BUILDING SOCIETY-1. Change of purpose-Breach of trust-
Investment of funds-Attempt to change to freehold land society-Con-
struction of rules. Grimes v. Harrison (No. 1).

177

2. Mortgage-Right of borrowing member to redeem-Termina-
tion of society-Construction of rules. Sparrow v. Farmer

216

tion.

CANAL-1. Right of public to use steam traction on canal-Injunc-
Case v. Midland Rail. Co.

2. Right to make railroad to canal-Consent of land-owner-
Compulsory powers-Interference with right-Injunction. Mold v.
Wheatcroft.

CERTIORARI--Order of justices not warranted by provisions of
statute may be removed into King's Bench by certiorari, though Act
contains section taking away certiorari. R. v. Grosse

695

CHARITY AND CHARITABLE TRUST-1. Charity property-
"Endowment "-Sale of estate purchased out of general voluntary
contributions-Consent of Charity Commissioners-16 & 17 Vict. c. 137,
s. 62. Charity for Relief of Poor Widows, &c. of Clergymen v. Sutton 577
2. Investment by charity of voluntary contributions in land
or other permanent security cannot convert it into an endowment.
Charity for Relief of Poor Widows, &c. of Clergymen v. Sutton

. 577

3. Lease of charity property-Trustees authorised to grant
building leases for 600 years, that term being customary in neigh-
bourhood and appearing beneficial. In re Cross's Charity.

541

4. Improvident lease of charity property-Grant to trustee
for Master-Statute of Limitations Right of Attorney-General to
question validity of lease after 20 years' enjoyment under it. Att.-Gen.
v. Payne

357

5. Cy-près-Right to surplus income-Alms women-Defeat
of founder's intention-Application to general charity-Foundation of
school. In re Ashton's Charity

342

6. Master, right to appoint-Municipal charity-Municipal
Corporations Act. In re Huntingdon Municipal Charities

376

7. Mortmain-Gift of income to establish school for educating
poor children of parish-Held not void under statute. Hartshorne v.
Nicholson

23

8. Bequest of shares in Ironworks Company held void.
Morris v. Glynn.

.

9. New trustees, appointment of Disqualification on "depart-
ing the United Kingdom"-Temporary absence abroad held not
within proviso. In re Moravian Society.

10. Scheme Principles on which Court proceeds in settling
scheme Discretion of Court - Almshouses - Authority of Court to
sanction building of hospital or infirmary with accommodation for
almspeople. Philpott v. St. George's Hospital .

337

— 11. School founded in middle of city of Bristol-Removal to site
outside city sanctioned, notwithstanding great opposition. In re
Colston's Hospital

300

12. Trustee also a leaseholder under charity-Clause in scheme
prohibiting holding of charity property by trustee-Election. Foord
Baker.

13. Will-Legacy-Gift to be divided between twenty aged
widows and spinsters of the parish of P." held a good charitable gift.
Thompson v. Corby

CHURCHWARDEN-Election of. See Ecclesiastical Law, 2, 3.

576

COMMON-Inclosure-Land included in map annexed to provisional
order-Encroachment-"Ancient inclosure "Recovery of possession
by valuer-Land "subject to be inclosed"-Jurisdiction of justices-
8 & 9 Vict. c. 118, ss. 50, 52-15 & 16 Vict. c. 79, s. 13.
Youldon

591
COMPANY-1. Borrowing powers-Directors prohibited from giving
bills of exchange-Bills to secure existing debt-Mortgage-Collateral
security-Validity-Foreclosure. Scott v. Colburn

Loan Company-Power to directors to borrow money-
Directors concerned in contract with Company to vacate office-Loan
of money to Company by chairman at interest-Discounting director's
bills is a loan of money. Bluck v. Mallalue.

453

COMPANY-3. Decree to compel directors to take shares subscribed
for by them, and which were transferable, refused. Bluck v. Mallalne 453
4. Debentures-Railway Company-Sale of undertaking-Judg-
ments against Company-Priority of debenture-holders over judgment
creditors as against purchase-money. Furness v. Caterham Rail. Co. 432
5. Judgment creditor-No sufficient execution against Company
-Right to inspect register of shareholders-Enforcement of right.
Meader v. Isle of Wight Ferry Co.

Directors

959

6. Transfer of business to another Company
Fiduciary position-Receipt of compensation from new Company-Trust
for shareholders of old Company. Gaskell v. Chambers

138

— 7. Winding-up-Official manager, adding name of Motion to
dismiss for want of prosecution-Costs. Caldwell v. Ernest (No. 2). 305
Misconduct of directors-Irregularities in management
-Grounds for winding-up. In re National Live Stock Insurance Co..

8.

65

9. Contributory False representations by directors-Shares
taken directly from Company. Duranty's Case

10.

Alexander's Case.

101

CONFLICT OF LAWS Domicil-Anglo-Indian - Insanity-Death
while on leave in England. Hepburn v. Skirving

. 961

CONSPIRACY-1. To deprive plaintiff of his property in a ship-
Foreign Court Judgment in rem-Cause of action. Castrique v. Behrens

910

2. Master and workman-Combination between fellow workmen
to induce master to discharge particular men-Intimidation. Walsby
v. Anley

(6

823

CONTRACT-Building contract-Usage of trade-Parol evidence-
Weekly account "-Condition precedent-Additions and alterations
-Rough sketches unsigned by architect-" Directions in writing."
Myers v. Sarl

710

CONVERSION-1. Where testator directs sale of real estate for pur-
poses which wholly fail, heir takes it as realty-If failure partial, he
takes as personalty. Bagster v. Fackerell
196

2. Timber-Tenant for life and remainderman-Proceeds of sale
of timber invested by order of Court. Field v. Brown
327

COPYHOLD-1. Admittance-Fines on admission of new trustees-
Tenant for life and remainderman-Apportionment. Carter v. Sebright

145

2. Inclosure Act-"Soil". Lord's right to minerals, whether
reserved by statute. Pretty v. Solly

CORONER 1. Jurisdiction-Coroner cannot hold inquest into origin
of fire by which no death has been occasioned. R. v. Herford.

2.

623

Coroner has no power after holding inquest super visum
corporis and recording verdict, to hold second like inquest, mero motu,
on same body. R. v. White

CORPORATION (MUNICIPAL)-1. Election of alderman-Voting
paper Validity of paper containing contraction of Christian name of
candidate. R. v. Bradley
871
2. Mayor, status of Precedence within borough-Right to
preside as chairman at meetings of borough justices-Municipal Cor-
porations Act. Ex parte Mayor of Birmingham
675

.

CORPORATION (MUNICIPAL)-3. Statutory power to mortgage
tolls-Jurisdiction of Court to appoint receiver. De Winton v. Mayor of

Brecon

229

4. Statutory authority to sell or mortgage surplus land-
Assent of Treasury-Position of debenture-holders. De Winton v. Mayor
of Brecon

And see Charity and Charitable Trust, 6.

229

COSTS-1. Persons having different shares in estate need not appear
by same solicitor because their interests, as regards their opposition to
plaintiff's claim, are identical. Remnant v. Hood (No. 2)... 554
2. Charity suit-No rule that in suits for administration of
property given to charities costs are to be allowed as between solicitor
and client. Aria v. Emanuel .

. 937

3. Taxation of costs-Counsel's fees-Brief fees on appeal. Sturgis
v. Morse (No. 2)..

4.

243

Costs of counsel in chambers-Allowance on taxation.
Greville v. Greville (No. 2).

5.

544

Executor-Order to tax executor's costs in suit, including
costs and expenses incurred in execution of trusts of will, does not
include costs of defence to other suits instituted against executor.
Payne v. Little .

6. Fund in Court-Order to tax costs of all parties and pay
them out of fund and to pay residue to persons entitled Omission of
costs of solicitors who had no notice of order-Order for taxation and
payment by persons to whom residue had been paid. Armstrong V.
Storer

7. Trustees, suit against- Separate defences-Apportionment of
costs. Course v. Humphrey

158

8. Trade mark-Injunction-Innocent user by defendant-Imme-
diate removal of labels-Undertaking not to use any more-Refusal to
pay costs Suit continued to hearing-Waiver of account of profits
Defendant ordered to pay whole costs of suit. Burgess v. Hills

S.P. Burgess v. Hately

And see Solicitor and Client.

DAMAGES, MEASURE OF. See Master and Servant, 1.

DEBENTURE. See Company, 4.

94

94

DEED Execution of, how proved, where no attesting witness. In re
Hall's Trust

962

DETINUE Title deeds-Plea of equitable lien-Application for
inspection and for particulars of lien. Owen v. Nickson

852

DISCOVERY-1. Answer to interrogatories-Solicitor-Professional
privilege. Thomas v. Rawlings

352

2. Production of documents-Livery Company-Affidavit by
clerk of Company as to documents, sufficiency of. Att.-Gen. v. Mercers
Co.
924

Title deeds-Privilege-Purchaser without notice. Hunt
315
Detinue-Plea of equitable lien-Application for
inspection and for particulars of lien. Owen v. Nickson
852

Solicitor and client-Privilege. Gaskell v. Chambers. 126
Privilege Trustee Counsel's opinion
accompanying case sent for opinion. Wynne v. Humberston

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