POOR LAW-6. Rating-Railway station-Principle of assessment
-Profits of occupation-User by another Company at rent in excess of
value. R. v. Fletton
7. Arrears-Enforcing payment-Right of succeeding over-
seers to procure distress warrant. Overseers of East Dean v. Everett. 850
8. Settlement and removal-Settlement by apprenticeship-Last
day of service-Renting tenement Separate and distinct dwelling-
house. R. v. Elswick
Settlement by renting a tenement-Wesleyan minister
-Payment of rates-Occupation of house provided by circuit stewards
of church. R. v. Overseers of Tiverton
Pauper lunatic-Order of removal-Exemption. R. v.
Overseers of St. Giles-in-the-Fields
11. Order of removal-Defect in notice of appeal-Wrong
Sessions-Abandonment-Jurisdiction of Borough Sessions-Certiorari.
R. v. Recorder of Leeds
POWER-1. Construction-Absolute or restricted power-Leaseholds
-Will. Bristow v. Skirrow (No. 1). .
Power to appoint "interest" of fund held to authorise
appointment of capital, notwithstanding subsequent powers over
and limitation of the said trust moneys" and the "interest."
Phillips v. Brydon
3. Duration Power of sale-Duration of power. Taite V.
4. Implied power of sale-Will-Charge of debts-Delay in
sale-Title-Costs. Sabin v. Heape
5. Execution-Validity of appointment-Settlement of infant
daughter's portion on her marriage-Appointment to husband and
children not objects of power. Fitzroy v. Duke of Richmond (No. 2). 367
6. Exclusive power to appoint estate to children and grand
children and exclusive power to appoint fund among children only-
Appointment of estate to some of donee's children and fund to children
and grandchild (not an object of power)-Children held not bound to
elect either to give effect to appointment of fund to grandchild
reject benefits appointed under first power. In re Fowler's Trust
Where intention established to pass property subject
of power, equity will give effect to disposition, though intention to
dispose of property by means of power is not shown. Carver V
Richards
Power to appoint to children "with such directions
maintenance education and advancement as their mother shall
appoint"-Appointment of income to children's father until youngest
should attain 21, "in or towards maintenance and education of all the
children" held invalid. Lloyd v. Lloyd
Power to appoint by will "or any writing in the nature
of or purporting to be his will"-Third and fourth sheets of will,
properly executed and attested, only found-Held not a valid execu
tion of power.
Gullan v. Grove
27
Fraud on power-Appointment by donee of power for
his own benefit-Subsequent conveyance in trust for sale, containing
indemnity of appointee against appointor's debts. Beddoes v. Pugh 161
11. Extinguishment-Donee becoming beneficially entitled to
share of fund-Mortgage of share and release of power to mortgagees.
Smith v. Houblon
PRACTICE-1. When at hearing liberty given to mention
again on minutes, it must be done at least within a fortnight, other-
wise parties must give notice of motion specifying alterations. Hood v.
Cooper
145
2. Dismissal of suit-Want of prosecution-Costs. Troward v.
324
3. Parties-Administration ad litem held sufficient to represent
testator's estates in suit seeking to establish lien on his shares in
Company. Maclean v. Dawson (No. 3)
439
Plaintiff outlawed pending suit-Attorney-General a
party in respect of outlawry-Irregularity. Bromley v. Smith . . 286
5. Pleading-Set-off, when pleadable to action on indemnity.
Crampton v. Walker
. 719
PRINCIPAL AND AGENT-Authority of agent-Though agent
cannot delegate his authority, yet there are many acts which he must
necessarily do through agency of others and which are valid when so
done. Rossiter v. Trafalgar Life Assurance Association
PRINCIPAL AND SURETY-Indemnity-Bill of exchange-Set-off
-Pleading. Crampton v. Walker
PROHIBITION-Prohibition lies to Court of criminal no less than to
one of civil jurisdiction. R. v. Herford
623
RAILWAY-1. Imprisonment of passenger-Passenger with wrong
ticket-Mistake-Implied authority of Company's servants-Reference
to superintendent of the line-Liability of Company to action-Exces-
sive damages. Goff v. G. N. Rail. Co.
2. Power to divert public road-Injunction-Inquiry as to
necessity of diversion. Att.-Gen. v. Dorset Rail. Co.
RATE-1. County rate-Rate committee-Evidence-Production of
documents-Penalty for refusal. R. v. Doubleday
2. Principle of assessment-Local rate-Exemption of parish
not benefited-Separation of sewerage expenses-Discretion of board
-Metropolis Management Act, 1855, s. 158. Overseers of St. Botolph,
Aldgate v. Whitechapel Board of Works
3. Poor rate. See Poor Law, 2-7.
RECEIVER-Appointment of. See Corporation (Municipal), 3.
RENT-CHARGE--Arrears-Decree for sale-Suit by grantee on
behalf of himself and twenty others to raise arrears by sale sanctioned.
White v.
James
REVENUE Legacy duty-Bequest of specific fund for payment of
debts-Statute-barred debt-Offer of specific sum by administrator for
release of all claims-Legacy duty, whether payable by administrator
or creditor. Greville v. Greville (No. 2)
SEASHORE-Land between high and low water mark-Offence
committed on-Jurisdiction of county justices. Embleton v. Brown. 682
SETTLED LAND-Sale of land-Concurrence in sale-Trustees-
"Persons entitled "-Leases and Sales of Settled Estates Act, 1856,
s. 17 (now Settled Estates Act, 1877, s. 24). Grey v. Jenkins
SETTLEMENT-1. Construction-Power to grant mining leases of 501
subsequently acquired freeholds in mining district. Scott v. Steward
2. Personal estate-Power to alter and vary-Covenant to settle
future acquired real and personal estate on similar trusts-Inclusion
of power of sale in settlement of subsequently acquired real estate.
Elton v. Elton (No. 2).
3. Marriage Construction-Limitations
gency. In re Wollaston's Settlement.
Parol agreement and transfer of fund to trustees before
marriage-Execution of settlement after marriage-Held good as
settlement for valuable consideration. Cooper v. Wormald
6.- Provision for payment of rent-charge to wife out of
husband's property on mortgage of property or bankruptcy of husband
Mortgage followed by bankruptcy-Rent-charge, arising on mort-
gage, held not avoided by subsequent bankruptcy. Brooke v. Pearson
SHIP AND SHIPPING-1. Authority of master-Specific instruc-
tions of owner-Authority to hypothecate ship and freight for repairs
Necessity Funds in hands of agents. Lyall v. Hicks
557
2. Charter-party-Agent for foreign charterer-Proviso that
liability should cease as soon as cargo was shipped-Liability limited
to actual shipment. Milvain v. Perez
Lien for freight-Necessary transfer of cargo to another
vessel-Master's authority to contract for owners of vessel. Matthews
v. Gibbs
Demurrage-Delay due to necessary widening of hatch-
ways-Direction to jury. Blech v. Balleras
666
Delay in giving notice Laches.
458
6. Harbouring deserter-Penalty-Registered British ship-
Certificate of registry-" Discipline "-Merchant Shipping Act. Leary
v. Lloyd
SOLICITOR-1. Costs-Lien-Solicitors employed by husband to
prepare marriage settlement held not bound to produce it to trustees
until their bill has been paid. In re Gregson
36
Change of solicitors due to original solicitor being
in embarrassed circumstances-Held not to forfeit lien. In re Smith
Taxation of costs-Special petition-Costs of reckless
proceedings taken by solicitor-Petitioner ordered to pay costs of
special petition. In re Atkinson
4.
Delivery of general estimate of costs Written
approval by client and request to third party to pay amount-Bill filed
after two years to obtain delivery and taxation of bill dismissed with
costs. Turner v. Hand
. 527
5. Delivery up of papers-Agreement to carry on suit without
funds up to hearing-Right to refuse papers to another solicitor to
conduct appeal. Webster v. Le Hunt
. 967
6. Order to change solicitors is discharge of solicitor by client.
Webster v. Le Hunt
967
SOLICITOR 7. Summary jurisdiction - Member of committee of
Company appointed to compromise suits-Compromise and receipt of
money with approbation of other members of committee-Summary
application to pay money or be struck off rolls refused with costs. In re
Harvey
. 415
8. Money received from client to pay off mortgage-Mort-
gage not paid off Claim of lien for costs-Summary order for repay-
ment to client. In re Cullen .
Summary jurisdiction of Court, extent of Misconduct
of solicitor-Suspension of certificate. In re Blake
SPECIFIC PERFORMANCE-1. No specific performance of contract
to lend money on mortgage-Authority of Court, where it has no
jurisdiction, to grant specific performance of contract, to award
damages for its non-performance. Rogers v. Challis .
2. Laches-Delay-Specific performance will not be decreed
after delay of ten years when nothing has been done in meantime.
Alloway v. Braine
.. 219
Restrictive covenants
Barnard v. Care
3. Lease of public-house
Parol agreement-Extrinsic evidence-Costs.
4. Sale of building land-Uncertainty of contract-Question as
to character of houses to be built to be left to decision of arbitrators-
In absence of decision, specific performance refused. Tillett v. Charing
Cross Bridge Co. .
169
5. Uncertainty-Agreement for sale of share in partnership-
'Goodwill"-Ambiguity as to purchase-money. Cooper v. Hood. 119
STATUTE--1. Construction-Inconsistent enactments-Where one
clause of Act directs specific acts to be done which acts would be
included in general terms of subsequent prohibitory clause, former
clause is not controlled by latter. De Winton v. Mayor of Brecon 229
Rules for construing statutes where general enactment
appears to override particular one and where two parts of it are con-
tradictory. Pretty v. Solly
. 263
"surface." Pretty v.
3. "Soil" in Inclosure Act held to mean
TENANT FOR LIFE-Renewable leaseholds-Settlement-Direc-
tions to renew lease and to raise fines out of rents-Renewal impractic-
able Fund reserved out of rents held to belong to tenant for life.
Morres v. Hodges.
And see S.P. Richardson v. Moore, Tardiff v. Robinson
TOLLS-Trading Company-Power to favour particular persons-
Statute-Equality clause. Hungerford Market Co. v. City Steamboat Co.
TRADE MARK-Use of A.'s trade mark by plaintiff by direction of
defendant-Injunction by A. against plaintiff-Right of action by
plaintiff against defendant. Dixon v. Fawcus
834
TRUST AND TRUSTEE-1. Appointment of new trustees-Transfer
of trust funds-Trustee residing out of jurisdiction-Form of order. In
re Mainwaring .
73
2. Appropriation of residue --Investment in Consols -Receipt of
dividends by beneficiary--Death of trustee-Order for payment of fund
into Court. In re Thornton's Trusts
TRUST AND TRUSTEE-3. Breach of trust--Marriage settlement-
Assignment of debt-Trust to get in debt and invest in Consols-No
steps taken to get in money-Liability of trustee. Grove v. Price .
Claim by husband, held liable to replace trust funds
received by him, to set-off cost of maintaining his wife's children by
her first marriage. Grove v. Price.
Trustee indemnity clause does not exonerate trustee
from consequences of breach of trust. Brumridge v. Brumridge . 297
Directions to sell-Refusal of offer-Depreciation of pro-
perty-Liability of trustees for loss. Fry v. Fry
Liability to keep up insurance on trust property. Fry v.
Liability of old trustees after retirement and transfer of
funds to new trustees. Webster v. Le Hunt.
. 970
Husband and wife-Annuity-Interest on mortgage-
Set-off. See Husband and Wife, 1.
10. Liability of trustee executing reconveyance of mortgage for
mortgage money received and misappropriated by co-trustee. Cowell
v. Gatcombe
11. Payment into Court under Trustee Relief Act-Where money
paid in without sufficient reason, trustee liable for costs of petition for
getting fund out of Court. In re Knight's Trusts
. 307
12. Trustee's costs-Bankrupt trustee is entitled to costs of
appearing on petition for appointment of new trustees. Turner v.
Mullineux
13.
Insolvent defendant executor and trustee indebted to
estate, is entitled to his costs of suit as between solicitor and trustee
from date of his bankruptcy. Turner v. Mullineux
VAGRANCY-Being upon premises for unlawful purpose-What is
an "unlawful purpose "-Fornication-Vagrancy Act, 1824 (5 Geo. IV.
c. 83). Hayes v. Stephenson
920
VENDOR AND PURCHASER-1. Agreement for sale of lease-"Pos-
session on 1st of December, the rent to commence at Christmas "-
Possession not given till 31st January through default of vendor-
Purchaser's right to compensation Inquiry. Gedye v. Duke of
2. Conditions of sale-Interest on purchase-money-Completion |
delayed through state of title-Delivery of imperfect abstract. Vickers
v. Hand
3. Covenant for title-Building land-Eviction of purchaser-
-Right of purchaser to recover value of land and of houses subse-
quently built. Bunny v. Hopkinson
529
4. Lien for purchase-money-Loan to trustee-Memorandum of
deposit. Muir v. Jolly
5. Misrepresentation-Copyhold property sold as freehold—
Rescission of contract. Turner v. West Bromwich Union
925
6. Return of deposit-Defective title-Trust for sale-Power of
devisees to sell-Inadequacy of consideration-Notice of breach of
Stevens v. Austen .
. 897
7. Sale by Court-Conduct of sale-Conduct, where shown to be
of benefit to parties, given to defendant. Knott v. Cottee (No. 4)
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