BARRISTER-Right to prove in bankruptcy for fees. In re H. & C.
BASTARDY-1. Notice of appeal-Witness-Evidence of mother to
prove receipt of notice-Bastardy Act, 1845 (8 & 9 Vict. c. 10), s. 6—
Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), s. 4. R. v. Justices
of Middlesex
783
2. Sunday-Exclusion of, in computing twenty-four hours
within which putative father must give notice of appeal against order
of affiliation under Poor Law Amendment Act, 1844 (7 & 8 Vict.
c. 101), s. 4. R. v. Justices of Middlesex .
BILL OF EXCHANGE-Accommodation acceptance-Indorsement
to plaintiffs after bills became due-Indorser indebted to accommoda-
tion acceptors in sum exceeding amount of bills. Stein v. Yglesias. 825
BOND-Execution on faith of bond being joint-Delivery up.
Fraud and Misrepresentation, 1.
CARRIER-1. Railway Company-Uniformity of charges for carriage
of goods-Recovery back of money overpaid for freight. Finnie v.
Glasgow and S.W. Rail. Co.
158
Railway rates-Carriage of coal-Agreement Special
circumstances-Jus tertii. Finnie v. Glasgow and S. W. Rail. Co.
CHARITY AND CHARITABLE TRUST-1. Construction of charit-
able bequests ought to be liberal and benignant-When intention
pretty clear, Court will work out details-Similarity of English and
Scots law. Magistrates of Dundee v. Morris
233
2. Chapel-Independent Particular Baptists-Change of doctrine
-Restoration of chapel to members professing original doctrines -
Construction of trust deed. Att.-Gen. v. Aust
. 614
3. Church Demolition by Railway Company-Restoration---
Rebuilding in facsimile not essential, especially where original build-
ing had become inadequate and unsuitable. Clephane v. Magistrates of
Edinburgh.
373
4. Hospital-Crown grant, construction of-Municipal corpora-
tion-Ministers' stipends-Augmentation of trust property. Magistrates
of Dundee v. Presbytery of Dundee
5. Misapplication of funds-Subscription to industrial school-
General benefit of charity-Ancient usage-Education of children—
Benefit to parents-Equality of benefits. Anderson v. Wrights of Glasgow
604
COMPANY-Director-Trustee-Railway Company-Director is a
trustee and as such is precluded from dealing on behalf of Company
with himself as with a firm of which he is a partner-Similarity of laws
of England and Scotland. Aberdeen Rail. Co. v. Blaikie
COMPENSATION-Turnpike Act-" Owners or proprietors "-Entry
on lands and demolition of buildings-Right of lessees to compensation
-Time at which trustees bound to make or tender compensation.
Lister v. Lobley
CONTEMPT OF COURT-Inherent power of Court to prevent con-
tempt of its proceedings. Hamilton v. Anderson.
. 268
COSTS-1. Delay in payment of taxed costs-Interest held payable
from date of taxing Master's certificate to day of payment-23 & 24
Vict. c. 127, s. 27. Fox v. Charlton
COSTS-2. Taxation of costs-Local Act-Provision for assessment of
compensation by Commissioners and taxation of costs by Master-
Power of Court to order review of Master's taxation under Act. In re
Sheffield Waterworks Act, 1864, and Wraithby .
625
3. Application to review taxation not to be made before
Master has made his allocatur. Sellman v. Boorn
CUSTOM-Trade custom must be reasonable-Custom is not reason-
able if deemed by honest and right-minded men to be unfair and
unrighteous. Paxton v. Courtnay.
827
DEFAMATION-Libel-Letter-Publication-Letter
plaintiff Knowledge of defendant that letters usually opened by
plaintiff's clerk. Delacroix v. Thevenot.
DISCOVERY-1. Production of documents-Suit for account-Motion
for production after case set down for hearing refused-Suspicion of
intention to institute criminal prosecution. Waters v. Earl of Shaftesbury
506
Privilege Trust accounts-Account books in which
trustees' accounts kept by their solicitors, such books being the
property of the solicitors, held protected. Earl of Eglinton v. Lamb 508
3. Administration suit-Subpoena for production served on
administrator to produce letters written to intestate and other docu-
ments-Motion for production refused in absence of defendant's
affidavit of documents. Newland v. Steer
. 611
DISTRESS-Distraint for taxes-Right to distrain on goods of third
person found on premises charged with tax, although goods only
borrowed, and person liable has goods of his own on premises sufficient
to satisfy tax. Juson v. Dixon
DOWER-Release of. See Husband and Wife, 2.
EASEMENT-1. Prescription-No prescriptive right in nature of
servitude or easement so large as to preclude ordinary use of property
by owner. Dyce v. Hay
. 11
Law of Scotland agrees with law of England in holding
that right to village green and playgrounds stands upon principle of
original dedication to use of public. Dyce v. Hay
Right to pew in parish church-Evidence-Presumption.
4. Light-Rejection of evidence-Evidence that plaintiff had
himself altered mode of enjoying light to detriment of defendant-
New trial. Garritt v. Sharp
. 736
EVIDENCE-1. Affidavit-Objection to-Withdrawal on undertaking
that it should not be used at hearing-Held admissible on subsequent
inquiry in suit, subject to cross-examination. Jenner v. Morris
2. Documentary evidence-Secondary evidence of contents—
Notice to pay-Production of duplicate sent to co-debtor. Robinson v.
Brown
Entry of birth of Dissenter's child in register kept for
purpose at public library not evidence. Ex parte Taylor .
EXECUTOR AND ADMINISTRATOR-1. Devastavit-Payment of
simple contract debt before judgment debt-No notice of latter debt-
Effect of 4 & 5 W. & M. c. 20, and 2 & 3 Vict. c. 11. Fuller v. Redman
(No. 1)
703
EXECUTOR AND ADMINISTRATOR-2. Retainer-Equitable debt
-Partnership-Debt due to firm from partner individually-Covenant
to pay firm all past and future debts-Death of partner owing original
debt and others contracted after date of deed-Executors (two being
partners in same firm) held unable to plead debts by way of retainer
or as an outstanding specialty debt. De Tastet v. Shaw
FISHERY—1. Oyster fishery-Custom-Claim of right—Licence—-
Payment of fee. Mills v. Mayor of Colchester.
2. Salmon fishery-Bermoney mode of fishing in Tay held not
illegal, statutes prescribing no specific method of fishing in this case
-Policy of Scottish statutes as to salmon fishing explained. Hay v.
Lord Provost and Magistrates of Perth
"Fixed engines"-Stake nets-Ancient right of fishery
-Custom-Penalty. Bevins v. Bird
Salmon fishing round sea-coast-Scotland-Rights of
Crown-Extent and nature of rights. Gammell v. Commissioners of Woods
and Forests.
FRAUD AND MISREPRESENTATION-1. Bond-Execution on
faith of being joint bond of person executing and another, who fails to
execute it-Equitable right to have bond delivered up as contrary to
intention of person executing. Underhill v. Horwood.
2. Contract-Railway Company-Director-Fiduciary relation-
Contract with firm of which director a partner-Rescission of contract
-Similarity of law of England and Scotland. Aberdeen Rail. Co. v.
Blaikie
3. False representation-Company-Rigging the market-
Fraudulent reports of directors-Effect of adoption by shareholders at
meeting. National Exchange Co. of Glasgow v. Drew
. 127
4. Judgment-Judgment obtained by fraud and collusion
although confirmed by House of Lords may be treated as nullity.
Shedden v. Patrick
Proper course in order to get judgment obtained by
fraud set aside. Shedden v. Patrick
HIGHWAY-1. Liberty or franchise-Ancient charter with non-
intromittent clause-Precept of highway board for contribution-
Jurisdiction of county justices to enforce. Giles v. Glubb.
2. Rate, validity of-Levy of rate for part of district invalid.
In re Broughton Local Board
3. Repair Indictment-Extent of repair-Question for jury-
Sufficiency of repair with reference to present use of road the proper
standard. R. v. Inhabitants of Henley
750
4. Indictment-Liability of parish-Old road altered by
award of Inclosure Commissioners-No declaration by justices that
road had been fully formed and repaired. R. v. Inhabitants of East
Hagbourne.
777
HUSBAND AND WIFE-1. Contract-Necessaries-Authority
wife to bind husband for necessaries supplied to her when turned out
of her house is a presumption of law and not to be rebutted-During
cohabitation wife's authority to bind husband for articles suitable to
her station and degree is a presumption of fact which can be rebutted
-Station and degree is for husband to decide. Harrison v. Grady. 515
2. Release of dower-Fines and Recoveries Act-Defect in deed.
Dart (or Dent) v. Clayton .
814
INFANT-1. Bill filed in name of infant may be dismissed by him on
attaining twenty-one-No costs against next friend unless suit
improperly brought. Anonymous .
2. Custody-Education-Rights of father-Access of mother,
separated from father through misconduct. In re W-
641
3. Fund devolving on infant under settlement made according
to foreign law-Payment to father as guardian-Evidence of right of
father according to law of Prussia to administer fund during minority
of infant. In re Brown's Trust
INSURANCE (MARINE)—1. Policy on freight-Definition of obliga-
tion under policy-Insurers not responsible where freight not actually
earned-Obligation to repair-Abandonment, obligation of owner to
assignor. Scottish Marine Insurance Co. of Glasgow v. Turner
. 19
2. Policy of insurance under seal duly executed and retained by
insurer-Cancellation of policy-- Duties and practice of brokers. Xenos
v. Wickham
. 467
3. Policy-Construction-Laying submarine cable-Insurance
of entire adventure-Average or total loss. Wilson v. Jones
. 490
INTERNATIONAL LAW—1. Circumstances which convert friendly
or neutral territory into enemy's country considered-Temporary
occupation of territory by enemy's force does not of itself necessarily
convert territory so occupied into hostile territory, or its inhabitants
into enemies. The Gerasimo, Cremidi v. Powell
2. National character of trader to be decided for purposes of
trade by national character of place in which it is carried on-If war
breaks out, foreign merchant carrying on trade in belligerent country
has reasonable time allowed him for transferring himself and property
to another country-If he does not avail himself of opportunity, he is
treated, for purposes of trade, as subject of power under whose dominion
he carries it on, and as an enemy with whom that power is at war.
The Gerasimo, Cremidi v. Powell
JURISDICTION-Of Vice-Chancellor. See Practice, 4.
JURY—1. A jury cannot be asked the grounds of their verdict.
Brown v. Bristol and Exeter Rail. Co.
. 775
2. Functions of Judge and jury-Judge is to lay down law to jury
-Jury are to find facts, but not to state what Court is to do. Mackenzie
v. Dunlop
207
JUSTICES-Appeal-Case stated by justices-Case not sent to Court
within three days after receipt-20 & 21 Vict. c. 43, s. 2. Pennell v.
Churchwardens of Uxbridge
785
LANDLORD AND TENANT-1. Agreement for lease-Proviso for
delivery up of premises if wanted for building purposes-Demand of
possession on ground of having entered into treaty for building
insufficient. Russell v. Coggins
666
Agreement to grant lease "at request and cost of the
tenant"-Cost of counterpart falls on landlord. Jennings v. Major. 790
3. Assignment of lease subject to landlord's consent-Failure to
obtain consent-Rescission of contract. Winter v. Dumergue
. 576
4. Tenant right-Estate at will-Right to building lease-Parol
representations of landlord-Expenditure by tenant-Statements by
landlord's agents, how far binding-Usage of the estate. Ramsden v.
Dyson ..
LANDS CLAUSES ACT-1. Compensation-Railway Company-
Level crossing -Injury to landowner "Injurious" — - Verdict
"Severance and level crossing." Caledonian Rail. Co. v. Ogilvy
Temporary obstruction of highway by Railway
Company-Erection of temporary bridge-Loss of trade-Diversion of
possible customers-Interest in land injuriously affected. Rickett v.
Metropolitan Rail. Co.
Compensation for lands taken-Right of landowner
to have value assessed by jury under s. 23 although he has made no
claim and Company has proceeded under s. 85. R. v. Metropolitan
Rail. Co.
Liability to take land though line not constructed-No
obligation to construct line-Release of Company-Railway Acts
enabling, not obligatory. Edinburgh, Perth and Dundee Rail. Co. v. Philip
LEGITIMACY-1. Law of Scotland-Legitimation by subsequent
marriage operates only from time of marriage and not from time of
birth. Shedden v. Patrick
Child born a bastard in foreign country not recognizing
doctrine of legitimation by subsequent marriage is an alien, although
putative father was a Scotchman domiciled in Scotland and afterwards
married mother of bastard for express purpose of rendering child
legitimate. Shedden v. Patrick
LETTER OF CREDIT. See Banker.
LICENSING-Alehouse keeper-Entertainment of private guests
after closing hours-Consumption of spirits-18 & 19 Vict. c. 118, s. 2
-Conviction quashed. Overton v. Hunter
753
LIEN-Solicitor-Lien, attempt to enforce in equity-Esdaile v.
Oxenham, 27 R. R. 331 (3 B. & C. 225), followed. Oxenham v. Esdaile 709
LIMITATION (STATUTES OF)-1. The Real Property Limitation
Act, 1833, does not apply to any case in which there is not strictly "a
suit or action for the recovery of interest." Edmunds v. Waugh . 536
2. Arrears of interest-Sale of mortgaged estate-Administra-
tion suit-Payment out on petition-Real Property Limitation Act,
1833. Edmunds v. Waugh
536
3. Proof of payment of 123. as interest-Held not sufficient to
justify verdict for debt of £13 16s.-Reduction of damages. Leeson
v. Smith
820
MALICIOUS PROSECUTION OR PROCEDURE-1. Judge-Order to
strike out pleadings-Suspension of practitioner on refusal to obey
order-Action for damages against Judge held not sustainable-Allega-
tion of express malice necessary to support such an action. Hamilton v.
Anderson
268
2. Maliciously holding to bail-Necessity of giving evidence of
actual malice where facts precluded inference of malice.
Chaters
MARKET OVERT-City of London-Sale in open shop
usually sold there-Warehouse not sufficiently open to
person outside to see what passes within. Lyons v. De Pass
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