MASTER AND SERVANT—1. Injury to servant-Common employ-
ment-Where a master uses due diligence in selection of competent
servants, and furnishes them with suitable means to perform service
in which he employs them, he is not answerable to one for injury
sustained in consequence of carelessness of another while both engaged
in same service. Farwell v. Boston and Worcester Railroad Corporation
(Supreme Court, Mass. See note).
262
Liability of master for injury to servant-Master is
bound to take all reasonable precautions to secure safety of his
workmen. Brydon v. Stewart .
Negligence-Standard of care required by master-
Liability for defective machinery Mother's right of action for
damages for loss of her son. Weems v. Mathieson
4. Death of servant - Accident - Liability of master Con-
tributory negligence-Master's duty to insure safety of servants-
Differences between law of England and law of Scotland.
Paterson v.
Wallace
107
MERGER Of prior charge-Devise-Mortgage. Tyler v. Lake. 688
MISTAKE-Decree in error directing payment to Attorney-General
-Subsequent direction for payment to party really entitled, notwith-
standing enrolment of former decree. Fox v. Charlton
647
MORTGAGE-1. Contingent remainder-Conveyance to secure debt
-Subsequent destruction of remainder by tenant of prior estate-New
interest in property acquired under will of tenant-Held available to
creditor. Noel v. Bewley .
684
2. Mortgagor's title-deeds lodged with solicitor by mortgagee,
who claimed lien for business done by mortgagee - Mortgagee
restrained from proceeding at law upon his collateral security.
Schoole v. Sall
3. Executor of mortgagee restrained from enforcing payment,
and money ordered into Court, where no heir of mortgagee who could
convey. Schoole v. Sall.
711
NEGLIGENCE-Unfenced hole near highway made by landlord of
unfinished building-Liability of temporary occupier. Hadley v. Taylor
And see Master and Servant.
NUISANCE-Abatement-Order of justices-Order directed both to
owner and Nuisance Removal Committee-Power of justices to impose
penalty on owner although order addressed to owner and committee
jointly. Tomlins v. Great Stanmore Nuisance Removal Committee
PARTIES. See Practice, 5, 6.
PARTNERSHIP-1. Joint adventure-Purchase of goods-Agree-
ment to share profit and loss. Gouthwaite v. Duckworth
2. Joint and separate estates-Shares bought by partner in his
own name with partnership money-Bankruptcy-Right of joint to
prove against separate estate for money laid out on shares. Ex parte
Hinds.
3. Money drawn out by partner contrary to articles of partner-
ship—Order, on motion, for payment into Court. Birley v. Kennedy 651
PAWNBROKER-Carrying on trade. See Bankruptcy, 1.
PENALTY-Statutory penalty-Enacting clause of statute creating
offence and giving penalty-Proviso in same section containing exemp-
tion not incorporated with enacting clause by words of reference-In
suit for penalty plaintiff held not bound to negative proviso in his
declaration. Steel v. Smith
PLEADINGS-Amendment of. See Practice, 1-3.
POOR LAW-1. Order of removal-Notice of appeal-Notice sent by
post to be considered as given on day on which it ought to have reached
addressee-11 & 12 Vict. c. 31, s. 9-14 & 15 Vict. c. 105, s. 10. R. v.
Inhabitants of Slawstone
2. Rating-Occupation of gas works by licence under Crown—
Liability of licensee as occupier. R. v. Stevens .
Railway Company-Principle of assessment
way stations and buildings-Apportionment of value among all
parishes on line-Law of Scotland. Adamson v. Edinburgh and Glasgow
Rail. Co.
4. Exemption from poor rate-Crown property as well as
property devoted to or made subservient to Government is exempt-
But not property held on trust to construct or improve docks and
harbours, though devoted to public purposes-Identity of law of
England and Scotland. Clyde Navigation Trustees v. Adamson
POWER-1. Implied gift by will-Children held to take in default
of exercise of power of appointment. Faulkner v. Lord Wynford . 697
2. Undue exercise of Bill by reversioner for account-Discovery
-Demurrer. Carroll v. Graham
PRACTICE-1. Amendment of pleadings-Power of Judge to order
amendment and to punish disobedience of order. Hamilton v. Anderson
2. Legal adviser is always responsible for pleadings.
Hamilton v. Anderson
. 268
Specific performance-Amendment of pleadings at hearing
-Refusal of leave to amend-Dismissal of bill without prejudice to any
other suit. Firth v. Ridley
4. Jurisdiction-Company-Winding up before Vice-Chancellor
-Motion in suit pending before another Vice-Chancellor-Jurisdiction
of latter Vice-Chancellor to insert in order on motion declaration of
opinion that official manager of Company should not be allowed costs
out of Company's estate. Jones v. Jones
. 638
5. Parties-Rule that all persons materially interested must be
parties dispensed with where very inconvenient, as in case of numerous
association or partnership. Cockburn v. Thompson
. 671
Specific performance-Practice as to joinder of parties
on bill for specific performance against treasurer and directors of
unincorporated Company. Meux v. Maltby.
. 675
7. Service of petition-Trustee-Affidavit naming place for
service-Inability to effect personal service at place named-Service
good where diligence used to effect personal service elsewhere.
Lawrence's Trusts
PRINCIPAL AND AGENT-Wife's authority to pledge husband's
credit for necessaries-Presumptions of law and fact. Harrison v. Grady
PRIZE—1. Condemnation—Enemy's vessel, transferred but continu-
ing in enemy's trade, held liable to condemnation both on facts and on
principles of law. The Vigilantia .
793
Vessel sailing under convoy of armed ship for purpose
of resisting visitation and search condemned. The Maria
799
3. Breach of blockade-National character of owner of cargo not
changed by mere occupation of territory by belligerent-Where pur-
pose of blockade declared to be to prevent import of provisions to
enemy in possession of neutral's country, semble the fact of neutral ship
bringing out cargo of corn is not a breach of the blockade. The Gerasimo,
Cremidi v. Powell
804
4. Trading with enemy-British merchants not at liberty to
trade with enemy without the King's licence-All property taken in
such a trade is liable to confiscation as prize to the captor. The Hoop
RAILWAY-1. Execution of accommodation works-Award -Condi-
tion precedent-Time when of essence of contract-Waiver.
Darnley v. London, Chatham and Dover Rail. Co.
2. Compensation-Level crossing-Injury to landowner.
Lands Clauses Act.
RATE-1. Borough improvement rate-Principle of assessment-
Railway Company-Sidings and turn-tables-Whether rateable at
special rate of one fourth net annual value provided for in special Act.
Midland Rail. Co. v. Birmingham Borough Council
. 621
2. Exemption-Houses built on land embanked from Thames
under provisions of 7 Geo. III. c. 37, not liable to assessment to rates
under 11 Geo. III. c. 29. Eddington v. Borman
3. Poor rate. See Poor Law, 2-4.
REGISTRATION-Priority-Assignment of lease-Two assignments
-Later assignment, registered first, of premises in Middlesex, held to
have priority, although assignee had full notice of prior execution of
first assignment. Doe d. Robinson v. Allsop
735
REVENUE-Succession duty-Unpaid instalments-Tenant in tail
in possession-Disentailing deed-Competency to dispose by will-
Continuing charge -Succession Duty Act, 1853, s. 21. Lord Lilford v.
REWARD-Information leading to apprehension of offender-
Remoteness of evidence-Direction to jury-New trial.
Walker
SALE OF GOODS-1. Iron scrip notes -Evidence-Mercantile usage,
how proved. Mackenzie v. Dunlop .
207
2. Sale of specific engine-Power of engine supplied-Breach of
warranty-Payment of last instalment of price. Parsons v. Sexton. 822
SCOTLAND (LAW OF)-1. Method of compelling specific per-
formance of agreements in Scotland. Clark v. Glasgow Assurance Co.
2. Director-Contract with firm of which director a partner
-Fiduciary relation-Rescission of contract. See Fraud and Mis-
representation, 2.
3. Legitimacy-Subsequent marriage of parents. See Legitimacy.
SCOTLAND (LAW OF)-4. Poor law-Rating-Railway Company—
Principle of assessment. See Poor Law, 3.
Crown property Exemption from rates. See Poor
6. Village green-Dedication to public. See Easement, 2.
7. Construction of charitable bequests. See Charity and Charit-
able Trust, 1.
8. Public right of way. See Way, 1.
SEA-Assertion that sea is common to all and that there can be no
appropriation of it except where it adjoins the shore, not supportable.
Gammell v. Commissioners of Woods and Forests.
. 279
SETTLED LAND-Improvements-Expenditure on new farm build-
ings-Whether chargeable to capital or income-Will-Construction.
Walpole v. Boughton .
SHIP AND SHIPPING—1. Wages of master-Capture and imprison-
ment by foreign power-Right to wages during imprisonment. Pratt
v. Cuff
. 715
2. Wages of seaman-Embargo on ship in foreign port—
Imprisonment of crew-Subsequent release and completion of voyage
-Freight earned by ship-Right to recover wages under count for
work and labour. Delamainer v. Winteringham
No right to wages where seaman captured in ship taken
out and sent to France, vessel being afterwards recaptured and brought
to port of destination. The Friends
. 800
SOLICITOR 1. Summary jurisdiction-Court will not exercise its
summary jurisdiction to compel vendor's solicitor to perform under-
taking given by him at sale to do certain acts for clearing up title to
estate. Peart v. Bushell .
682
Undertaking-Deeds handed by mortgagee's solicitor to
mortgagor's solicitor on his undertaking to pay him costs of preparing
abstract, &c.-Rule ordering payment pursuant to undertaking. In
re Gee.
780
SPECIFIC PERFORMANCE-1. Suit for specific performance of con-
tract by A.-Action at law on contract by B.-B. estopped from setting
up in equity defence of previous waiver of contract. Whittaker v. Fox
631
2. Method of compelling specific performance of agreements in
Scotland. Clark v. Glasgow Assurance Co.
97
3. Parties on bill for. See Practice, 6.
STATUTE-1. Construction-In construing local or private Act
Court will incline against construction calculated to disturb public
rights. Campbell v. Lang
Penalty Exception - Matter of defence. Pleading.
SUCCESSION DUTY. See Revenue.
SUNDAY-Exclusion of - Bastardy Time for giving notice of
appeal. See Bastardy, 2.
TRADE MARK-1. Infringement-Resemblance, degree of sufficient
to entitle to relief—Similarity of names -Injunction. Seixo v. Provezende
2. Colourable imitation of labels and descriptions-Right to
injunction-Goods manufactured by two brothers under same descrip-
tion but in separate factories, each having right to trade name-Right
of one brother alone to file bill for injunction and account.
Reynolds
TRADING WITH ENEMY. See Prize.
TRESPASS-Justification of firemen pulling down chimneys which
were in immediate danger of falling on highway. Dewey v. White. 789
TROVER AND CONVERSION-Person who purchases goods under
distress irregularly conducted has sufficient title to maintain trover.
Lyon v. Weldon
TRUST AND TRUSTEE—1. Trustee-beneficiary-Appointment by
co-trustees to act as solicitor to trust Trustee so appointed cannot
make co-trustees personally liable for costs as if he had been a stranger
to trust. Manson v. Baillie
. 120
2. Trustee cannot retire from trust unless under provision to
that effect. Manson v. Baillie
. 120
3. Personal liability of trustees investing trust funds in trading
Companies. Lumsden v. Buchanan.
392
4. Negligence of trustees-Purchase of house by one trustee in
his own name-Deposit of deeds with bankers to secure private debt-
Loss of co-trustees' priority over security by deposit. Allan v. Scott. 595
VENDOR AND PURCHASER-1. Lease-Assignment subject to
landlord's consent-Failure to obtain consent-Subsequent application
of lessee for new lease-Rescission of contract-Recovery of deposit.
Winter v. Dumergue
576
2. Conveyance by feu contract-Covenant that purchaser shall
keep premises in repair-Liability to rebuild where premises destroyed
by fire.
Clark v. Glasgow Assurance Co.
97
3. Time of completion-Delivery of draft conveyance-Condition
precedent "Month," whether calendar or lunar. Lang v. Gale . 817
WAY-1. Public right of way, both in England and Scotland, gene-
rally means right of public to pass from one public place to another-
Terminus need not itself be a public place if it leads to public place.
Campbell v. Lang
. 26
2. Public way may pass through private property but must
have public terminus at each end—Terminus may be cul-de-sac.
v. Cuthbertson
3. Presumption-Evidence showing public right of way as far
back as living witnesses can remember sufficient for presumption of
previous enjoyment corresponding with evidence. Young v. Cuthbertson
WILL—1. Instruments appearing prima facie to be testamentary
shall be deemed testamentary until contrary is shown. Stoddart v.
Grant.
1
2. Execution-Attesting witnesses-Will not signed by attest-
ing witnesses in presence of each other-Will held valid under Wills
Act, 1837 (1 Vict. c. 26). In the Goods of Jane Webb.
. 802
3. Revocation-Burden of proof-Revocation of will or codicil
not inferred from doubtful expressions in later testamentary instru-
ment. Stoddart v. Grant.
4. Construction-Documents containing erasures and oblitera-
tions admitted to probate as testamentary documents and held to pass
a good charitable bequest. Magistrates of Dundee v. Morris
|