Composition-deed-Sect. 198-Leave to issue execu-
tion-Inequality between creditors--Debt barred by
Sect. 60-Debt contracted by a non-trader-Call of
official manager-Liability before 1861-Adjudica-
tion of bankruptcy
Proof-Partnership-New firm adopting debts of the
old firm....
Discharge-Contracting debt by fraud is not within
the offences specified in the Act of 1861 .......... 172
Discharge-Causes of insolvency-Speculation-Con-
tracting debt with reasonable expectation of pay-
ment-Omission to keep proper books of account 172
An appointment by will to B., who afterwards becomes
bankrupt, passes to his assignees
Reputed ownership - Mortgage-Fixtures and ma-
chinery attached to freehold-What passes to
assignees as goods and chattels .........
Release from custody-Capias to hold to bail
Composition-deed-B. A. 1861, ss. 192, 200-Exe-
cution-Laches.......
Trust-deed-Trader-debtor summons-B. A. 1849,
ss. 79, 80-B. A. 1861, ss. 192, 197.............
Proof-What constitutes election.......
ATTORNEY AND SOLICITOR.
Mortgage by a client to, as security for costs, will be
sanctioned.
Court will not set aside an appearance entered be-
cause the solicitor is not duly certificated......
Where a solicitor acts for the plt. and the receiver in
a cause, one copy of the articles only allowed
Constructive notice of trust, a solicitor being
Purchase by solicitor from his client.......
Partnership-Delivery of papers on payment of costs 536
What business is that of a scrivener and not of a
solicitor......
Proof-Securities held by creditor-Bills of exchange 296
Discharge-Accepting accommodation bills justifies
refusal of discharge
Sect. 110-Jurisdiction of court to annul-Resolu-
tion of creditors under
Composition-deed-What inequality between sche-
duled and unscheduled creditors avoids the deed 365
Order and disposition-Deposit of goods in bond—
Receipt for delivery of
Inspectorship-deed
debtor by non-assenting creditor
A decree of the Court of Ch. ordering payment of
money is not a debt to support an adjudication of
bankruptcy
Sect. 73-Interpleader order-Seizure under execu-
tion not perfected by sale until after adjudication—
Claim of assignee.....
Sects. 192, 194, and 197-Deed not duly registered
- Choses in action-Trustees .....
Proof-Surrender of security on proof-Dismissal of
petition-Right of creditor to reclaim security...... 606
Agreement to assign property to secure payment for
bills accepted for bankrupt's accommodation-
Fraudulent preference-Delivery order.............. 607
Creditors' deed, s. 101-B. A. 1861, s. 96-Repeal of
former by latter-Adjudication
Sects. 123, 203-Creditors' assignee-Appointment
signed by commissioner after action brought...... 624
Plea of plt.'s bankruptcy to an action for false repre-
sentation
Composition-deed
fying debt.......
Unreasonable provision - Veri-
Sect. 192-Trust-deed-Assent of creditors-Two
are sufficient........
BUILDING ACTS.
(See Metropolitan Building Act.)
BUILDING SOCIETY.
Shareholders giving notice to withdraw entitled to
compound interest on winding-up
Unconsecrated place given up to freeholders, and
which had ceased to be used as a burial place at
the passing of 22 Vict. c. 1.............
In a suit for infringement of a patent the court may
at the hearing grant an inquiry as to damages
CAMPBELL'S (LORD) ACT.
(See Accident, Death or Injury by.)
Lien of for carriage of goods of a company delivered
before, but carried after, a winding-up order
(See Railway.)
CATTLE DISEASES ACT.
Sect. 192-Exercise of a power in favour of a legatee
who assigns for the benefit of creditors
Assignment for benefit of creditors-Right of credi-
tors to unclaimed dividend
Where a trade assignee fails in his duty, the bankrupt
is not precluded, on receiving a vesting order, from
asserting his prior rights .....
What is a parish or place containing 2500 inhabitants
so as to enable them to keep open till eleven o'clock
p.m.......
A covenant not to build a public-house is not broken
by taking a licence to sell beer not to be consumed
on the premises........
Court will refuse to bring up conviction by justices,
having jurisdiction, on ground of lack of evidence.. 598
(See Jurisdiction.)
CHANCEL.
(See Church, Law of.)
CHANCERY COURT.
Issue in-Trial-Finding of V. C.-Practice-New
trial- Appeal to Lords.........
Salary of clerks-Construction of Acts relating to ... 819
(See Practice, Equity.)
Bequest of money to keep a monument in repair is
good
A gift to repair a vault in perpetuity is void
A gift to repair a window in a church, a monument,
and the chancel is good.............
Exemption from legacy duty-Secret trust
On dismissal of parties.........
Liability of, for the negligence of their servants...... 891 Apportionment by master of general costs of suit
Cattle levant and couchant-Dominant tenement not
supporting the commonable cattle-Charge in con-
sideration of dominant tenement-Extinguishment
or suspension of common right.........
COMMON LAW PROCEDURE ACTS.
Granted to a patentee, though defts. did not contest
the validity of the pat-nt..
Of trustees of a composition-deed followed by bank-
ruptcy....
1854, s. 93-Security for costs-Return within
jurisdiction-Ejectment-Second action .....
1854, s. 61-Interrogatories tending to criminate-
Relevancy and bona fides
Of a suit where a will contained a void bequest
Of interpleader-Liability of sheriff for........
Of a motion refused to commit for breach of an in-
junction.........
When a cause is sent down from a Superior Court for
trial, motion for a new trial must be to the Superior
Court
361
Equity-19th Order-Appeal must be on a case stated 510
Equity-Where case stated the court will not decide
any question on it on an ex parte application
Judge cannot amend an issue sent down for trial.
The words "admitted set off" in sect. 24 mean a set-
off admitted by both plt. and deft. at the time of
action brought
Jurisdiction under the Probate Act-Practice-New
trial
(See Practice, Equity.)
COVENANT.
Breach of-Acquiescence-Waiver
On sale of oxen warranted not to be infected with
cattle plague plt. may recover the value of other
cattle thereby infected
For seizure of goods under colour of legal process-
Special or general ..........
Offer of reward for the apprehension of thieves-
Remoteness of the service......
In wrongful dismissal of a servant
In lease of a house cannot be enforced if it was let to
be used for immoral purposes
Not to carry on an obnoxious trade, whether running
with the land-Constructive notice of-Onus pro-
bandi-Duty of lessee to investigate landlord's title 499
To pay interest a good consideration to sustain a
voluntary settlement of a mortgaged estate ......... 531
Not to erect any building to be used as a public-house
-What a breach of
(See Contract-Deed.)
CREDITORS' SUIT.
Costs of where estate insufficient to pay all............ 752
(See Administration.)
Practice-Trial-Discharge of jury without verdict—
Second trial-Winsor's case....
Receiving-B. knowingly receiving from C., who re-
ceived from the thief, may be indicted jointly
Practice-Certificate of conviction may be signed by
the deputy clerk of the peace
Witness-Evidence of a deaf and dumb witness not
admitted under certain circumstances
Larceny-By carter employed by the owner to load
coals and deliver to persons named on a list......... 491
Trial-Discharge of jury without verdict-Second
trial-Admissibility as witness of a person jointly
indicted at first trial..
Agreement to execute a mortgage to secure a debt-
Creditor entitled to rank as a specialty
Assignment for benefit of creditors-Right of credi-
tors to unclaimed dividend
(See Administration
Nuisance-Master is liable for if occasioned by his
servant, though in disobedience to his orders
Larceny Of wages received by a workman from the
master for his fellow-workmen
Practice-Statement of case referred back to the
judge.......
Embezzlement-The agent to a coal merchant not a
clerk or servant..................................................
Rules applicable to descendants of children of a per-
son attainted before his marriage
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