V.-C. W. 1866 KELLY ย. MORRIS. must go through the whole process of triangulation just as if he had never seen any former map, and, generally, he is not entitled to take one word of the information previously published without independently working out the matter for himself, so as to arrive at the same result from the same common sources of information, and the only use that he can legitimately make of a previous publication is to verify his own calculations and results when obtained. So in the present case the Defendant could not take a single line of the Plaintiff's Directory for the purpose of saving himself labour and trouble in getting his information. The Defendant, from his description of the way in which he had in the first instance compiled his "Business Directory," seems to have known exactly what he might do. No doubt the expense of procuring information in a legitimate way is very great. The Defendant himself has told us so, and also that it was not for some years that he was able to make it pay. But the Defendant goes on in his affidavit to propound a most extraordinary doctrine as to the right of publicity in the names of private residents, who had, as he expressed it, "given their names for public use." What he has done has been just to copy the Plaintiff's book and then to send out canvassers to see if the information so copied was correct. If the canvassers did not find the occupier of the house at home, or could get no answer from him, then the information copied from the Plaintiff's book was reprinted bodily, as if it was a question for the occupier of the house merely, and not for the compiler of the previous directory. Further than this, the Defendant tells us that he had a number of new agents, and that one of them had performed his part of the work carelessly, thus at once shewing how easy it would be on the system adopted by the Defendant for any negligent agent to send back his list all ticked as if correct, without having taken the trouble to make a single inquiry. With respect to the "Street Directory," in which the Plaintiff has adopted a very ingenious form of arrangement, which is to be found in no other directory that has been produced, except the Defendant's, I hold it to be clearly established-from the identity of mistakes in the numbers of houses and the names of their occupants, and also in the breaks and intersections in the streets-that the Defendant has taken his list of streets from the Plaintiff's Directory. The work of the Defendant has clearly not been compiled by the legitimate application of independent personal labour, and there must be an injunction to restrain the publication of any copy of the Defendant's work containing the portions called the "Street" and "Court" Directories, with liberty for the Defendant to apply, when he shall have expunged from such portions all matter copied from the Plaintiff's work. V.-C. W. 1866 KELLY V. MORRIS, The motion as to the other portions of the Directory was directed to stand over, to enable the Defendant to meet the case upon certain points which had been raised by the Plaintiff's affidavits, in reply; but the Defendant on the following seal day (March 8th), submitted to a perpetual injunction against publication of all portions of his Directory, except the "Trade” and "Business" divisions. Solicitors for the Plaintiff: Messrs. Benham & Tindell. END OF VOL. I. VOL. I. 3 A 2 AN INDEX TO THE PRINCIPAL MATTERS. ACCOUNTS, COPIES OF. See COSTS, 3. ACCOUNTS, COSTS OF ATTEND ING. See COSTS, 4. ACCRUER. By a marriage settlement funds were settled upon the wife for life, with remainder to the children of the marriage in equal shares, "to be a vested interest at their ages of twentyone years," with a gift over to the husband in the event of all the children dying under twenty-one, and a reversion to the settlor in the event of there being no child born, but no clause of survivorship and accruer as to shares of children dying under twenty-one. There were five children, of whom four attained twenty-one, and the fifth died an infant : ACQUIESCENCE. See BUILDING, COVENANT AGAINST. REGISTER, RECTIFICATION OF. WAIVER OF COVENANT. ADMINISTRATION SUIT. See COSTS, 4. ADMITTANCE. See ENFRANCHISEMENT. ADVERTISEMENT. See WINDING-up, 3. AFTER-ACQUIRED PROPERTY. See WILL SPEAKING FROM DEATH. AGENT. The duties of the agent of a limited company being in the nature of personal service, and as such incapable of being enforced in equity, the Court refused to restrain the directors from acting upon or enforcing the resignation of A, whose management and agency was made a prominent condition in the prospectus on the formation of the company, and expressly 3 A 2 2 ARBITRATION. APPORTIONMENT. 1. The Court will not, as a general rule, as between tenant for life and remainder-man, allow compensation by way of apportionment for loss of income, occasioned by the sale of stock, sold to complete a purchase under a power to invest in real estate, being completion by the contract for purdelayed beyond the time fixed for chase; even although such delay may have been unavoidable. Therefore where a tenant for life petitioned to have recouped out of corpus the loss of dividends sustained by her by reason of delay in completion and selling out of stock for that purpose, occasioned by difficulties arising on the title of the estate purchased, the Court refused to allow such compensation. Freeman v. Whitbread. 266 2. Where a tenant for life, under a settlement of an estate pur autre vie, renewed the lease for lives to himself and his heirs, purchased the fee, made a parol demise for a year, but died before the end of the current half year, and a remainderman entered and received the rent, on a bill by the executor of the tenant for life against the remainderman: Held, that the rent must be apportioned under the 11 Geo. 2, c. 19, s. 15. 671 Mills v. Trumper, See OUTGOINGS. APPORTIONMENT OF CHARITY FUND. See CHARITY, ARBITRATION. There is no original jurisdiction in the Court of Chancery in the nature of a writ of prohibition, to restrain an arbitrator from proceeding to make an award: the only ground on which the court will interfere, prior to the award being made, is such, if any, as may be afforded by the conduct of the parties. |