Page images
PDF
EPUB

JUSTICES—7. Certificate as bar to subsequent action for assault-
Meaning of "forthwith." Hancock v. Somes, 464; Costar v. Hetherington

468
8. Jurisdiction-Conviction-Charge of drunkenness and riotous
behaviour under one statute-Conviction for drunkenness only under
another Act held bad. Martin v. Pridgeon .

9.

-

. 454

Order under Metropolitan Building Act, 1855 Summons
before second justice to recover expenses Jurisdiction of second
justice to enter into question of validity and sufficiency of order.
Labalmondiere v. Frost
320

10.

[ocr errors]

Conviction under Truck Act — Delivery of order for
payment in goods - Exchange at office for another order - Place of
delivery of first order within, but of second order and of shop
indicated outside, jurisdiction-Offence complete on delivery of first
order. Athersmith v. Drury
. . 133

[ocr errors]
[ocr errors]

11. Practice Appeal-Right to begin-Insistence by appellant
that complaint wrongfully dismissed-Summary Jurisdiction Act, 1857
(20 & 21 Vict. c. 43). Jones v. Taylor
122

[ocr errors]

LAND TAX - Exemption "Parochial rates or assessments" —
Bridge-Tolls-Parish in which tolls assessable-Residence of collector
-Assessment and levy by unqualified officers. Waterloo Bridge Co. v. Cull
182

LANDLORD AND TENANT-1. Action for rent-Use and occupa-
tion-Destruction of premises by fire-Insurance by landlord-Pleading
-Equitable plea. Loft v. Dennis.

[ocr errors]

292

2. Breach of covenant Repair Lease for lives-Waste-
Condition precedent-Absolute covenant-Licence. Dean of Bristol v.
Jones.

298

3. Determination of lease-Construction of proviso for determina-
tion at end of first seven years. Bird v. Baker

4.

. 117

Termination of tenancy--Covenant by landlord to pay
for manure, &c. on delivery up of farm-Delivery up of agreement held
not a condition precedent to payment. Newson v. Smythies . . 1001

5. Distress for rent-Action for excessive distress Selling
goods distrained before expiration of five days-Amendment of
pleadings. Lucas v. Tarleton .

. 619

6. Presumption of creation of tenancy at will-Ejectment-
Statute of Limitations. Ley v. Peter

[ocr errors][merged small]

7. Rates - Deduction of rates from rent - Tenant of part of
premises-Payment of rates made on occupier of another part who had
quitted premises-Right to deduct as against landlord whose title had
not accrued until after person rated had quitted premises. Lobban v.
Cook
. 669

[ocr errors]

8. Reservation of sporting rights-Right of tenant to employ
others to kill rabbits-Trespass-Game Act, 1831 (1 & 2 Will. IV. c. 32),
s. 30. Spicer v. Barnard .

497

9. Under-lease of more than term granted by original lease—
Assignment-Action by assignee for rent-Attornment-Eviction-
Easement not part of demise. Williams v. Hayward.
. 563

LANDS CLAUSES ACT-1. Arbitration-Voluntary reference-Costs.
Martin v. Leicester Waterworks Co.

796

2. Declaration of arbitrator-Insufficiency of affidavit-Refusal
to set aside award-Sect. 33 of Act. Levick v. Epsom and Leatherhead Rail,
Co.

LANDS CLAUSES ACT-3. Compensation Land injuriously
affected-Claim in respect of diminution of flow of water-Award of
compensation by sheriff's jury-Excess of jurisdiction-Certiorari to
quash inquisition-Action on judgment-Pleading. Mortimer v. South
Wales Rail. Co.

[ocr errors]

LEGACY DUTY

Laws, 1.

[ocr errors]
[ocr errors]

249

[blocks in formation]

LICENSING Keeping house open during prohibited hours-Appeal
against conviction-Traveller-Exemption-Evidence-Onus probandi.
Tennant v. Cumberland

[ocr errors][ocr errors][merged small]

LIMITATIONS (STATUTE OF)—1. Acknowledgment of debt-Petition
for arrangement with creditors-Inclusion of debt in schedule-Proposal
for future payment or compromise-Inference of unconditional pro-
mise. Everett v. Robertson

120

2. Acknowledgment in bar-Set-off-Account stated-Sufficiency
Francis v. Hawkesley

[merged small][ocr errors][ocr errors][merged small]

3. Landlord and tenant-Acknowledgment of title-Tenancy at
will-Presumption-Evidence-Agency-Ejectment. Ley v. Peter 609

4. Adverse possession of land-Ejectment-Answer in Chancery
by person under whom defendant claims-Acknowledgment of plain-
tiff's title. Goode v. Job .
113

[ocr errors][ocr errors]

5. Limitation of action for recovery of expenses under Metro-
politan Building Act. See Metropolis, 1.

MALICIOUS PROCEDURE-Bankrupt-Protection order-Wrongful
arrest-Want of reasonable or probable cause-Evidence of malice.
Phillips v. Naylor

-

-

600

MANDAMUS-1. Application to quash - Return Compensation
under Public Health Act-Reference to arbitration or to justices. R.
v. Burslem Local Board

[ocr errors][ocr errors][merged small]

2. To levy rate to satisfy debt-Amount of debt need not be
specified-Pleading-Statute of Limitations-Common Law Procedure
Act, 1854 (17 & 18 Vict. c. 125), ss. 68, 69. Ward v. Lowndes . 533, 544

-

3. Right of ratepayer to inspect and take copies from church-
warden's accounts. Ex parte Briggs
501

MASTER AND SERVANT-1. Injury to servant-Order to do act
attended with danger-Defect in ladder-Pleading-Sufficiency of
declaration. Williams v. Clough

2.

[ocr errors][ocr errors][ocr errors][merged small]

Liability of master for injury to servant-Defective
tackle Contributory negligence. Griffiths v. Gillow

. 899

3. Negligence-Death of servant by accident in course of
employment-Coal mine-Defect in rope-Negligence of master-Con-
tributory negligence of servant. Senior v. Ward

255

4. Servant's right to wages during illness-Inability to perform
work-Readiness and willingness-Agreement for term of years-Right
of action by servant-Pleading. Cuckson v. Stones

196

5. Trade dispute Printers and compositors Payment to
compositors for advertisements on wrappers, &c.-Construction of
rules regulating trade-Decision of arbitrators, whether binding
between parties. Hill v. Levey

[ocr errors][merged small]

METROPOLIS-1. Metropolitan Building Act, 1855-Authority to
secure or demolish dangerous structure-Recovery of expenses-Limita-
tion of time for recovery-"Six months from time when matter of com-
plaint arose "-Time to be reckoned from demand and refusal.
Labalmondiere v. Addison.

2.

. 130

Dangerous structure-Order to repair building-Validity
of order-Recovery of expenses-Jurisdiction of justices. Labalmondiere
v. Frost

3.

320

Notice to repair-Order for payment of expenses-
"Owner"-Premises leased for 21 years-Liability of lessor for cost
of repairs. Mourilyan v. Labalmondiere .

324

MINE-Conveyance-Construction- General words of description
confined by context Omission of word "mines" in conveyance of land.
Denison v. Holiday

[ocr errors]

. 915

MORTGAGE-Attornment of mortgagee to give right of distress-
-Arrears of interest--Assignment-Distress by assignee for arrears of
interest by way of rent in arrear due before assignment held not justi-
fied by attornment clause. Brown v. Metropolitan Counties, &c. Life Assurance
Society

[ocr errors]

478

--

NEGLIGENCE-1. Canal Commissioners of river navigation
Liability for neglect to repair canal-Damage to barge-Falling in of
lock-Cause of action. Walker v. Gore
751

2. Commissioners of Sewers-Liability for negligence-Faulty
construction of new sewer-Extraordinary flood. Ruck v. Williams 697

3. Injury to passer-by caused by defective grating-Who liable
-Insolvency of lessee-Lease delivered to landlord-Under-tenants-
Liability of occupier. Bishop v. Trustees of Bedford Charity. 408, 419

4. Death of or injury to servant-Liability of master for. See
Master and Servant, 1-3.

5. Action under Lord Campbell's Act-Measure of damages. See
Damages, 1.

NEW TRIAL. See Practice, 3.

NUISANCE-Extra-parochial place having no population-Jurisdic-
tion of committee for removal of nuisances-Mandamus -Nuisances
Removal Act, 1855, s. 6. R. v. Gee
. 578

PARLIAMENT Powers conferred upon Legislative Assembly of
Colony. See Colony.

PARTNERSHIP-1. Authority of partner-Authority of managing
partners to bind firm by borrowing money and accepting bills of
exchange in name of firm. Brown v. Kidger
. 1010

2. No difference between Manx law and law of England in
respect of principles applicable to law of partnership. Labouchere v.
Tupper

Royle.

3. Submission to arbitration-Solicitor-Authority.

16

Hatton v.
821

PATENT-1. Action for infringement Costs Particulars and
objections Special jury. Greaves v. Eastern Counties Rail. Co... 548
2. Action for penalties-Imitating mark of patentee-Marking
word "patent" on patented article Novelty of invention. Myers v.

Baker

984

PAWNBROKER - Information against

Common informer-
aggrieved-Right to moiety of penalty. Caswell v. Morgan

Party

. 472

PENALTY-1. Gaming-Summary conviction-Informer--Receiver
of Metropolitan Police District-Right to moiety of penalty-Appeal-
Inclusion of half penalty by clerk of peace in estreat of fines imposed
by Sessions. Wray v. Ellis

[ocr errors]

208

2. Offence under Pawnbrokers Act-Common informer-Right
to moiety of penalty. Caswell v. Morgan

PLEADING. See Practice, 4.

-

472

POOR LAW-1. Audit of guardians' account - Disallowance and
surcharge-Liability of guardians-Distress warrant Power of justice
to inquire into validity of grounds for surcharge. R. v. Finnis

530

2. Removal of pauper-Order of removal- Settlement-Five
years' residence-Break of residence-Imprisonment-Penal servi-
tude-Imprisonment in parish other than that in which prisoner has
settlement. R. v. Inhabitants of Potterhanworth

[ocr errors]

3.

203
Appeal against order-Married woman- -Death of
husband-Residence for less than five years-Irremoveability-- 9 & 10
Vict. c. 66-11 & 12 Vict. c. 111. R. v. Inhabitants of Cudham

4.

268

Appeal against order of removal-Grounds of appeal
-Service of fresh grounds after adjournment. R. v. Inhabitants of Kendal

303

5. Settlement of lunatic pauper-Order adjudicating settlement
-Statement of grounds of settlement-Whether properly signed by
guardians or overseers. R. v. Inhabitants of Heaton

457

6. Rating-Exemption-Library and literary society- Institution
supported by voluntary contributions Exemption from rates. Bradford
Library Society v. Churchwardens of Bradford

[ocr errors]
[ocr errors][merged small]

7.
Metropolis Management Act, 1855-Power of new vestry
appointed under Act to make rate-Transfer of power from old vestry.
Vaughan v. Imray
381
8.
Canal Deductions - Local
expenses-Costs of repairing and maintaining locks and works in
particular parish. R. v. Coventry Canal Navigation Co..

[ocr errors]

9.

Principle of assessment

349

Occupier of land-Yearly tenancy-Reservation of
right of shooting by landlord-Separation of sporting rights from
tenant's occupation Assessment on lower value upheld. R.
Inhabitants of Thurlstone

[merged small][ocr errors][merged small][merged small][merged small]

Waterworks Rateability of buildings, plant,
wharfs and water mains. R. v. West Middlesex Waterworks Co..
11.
Property rateable-Docks vested in Commissioners-
Occupation, whether beneficial or exclusively for public purposes. Tyne
Improvement Commissioners v. Chirton Overseers

[merged small][ocr errors][merged small]

Rent-charge-New parish-Endowment of incum-
bent-Poor rate made by old parish-Liability of incumbent of new
parish to pay rate. Frend v. Churchwardens of Tolleshunt Knights . 439
Publication of rate-Affixing notice of allowance on
church door-Signature of notice. Burnley v. Methley Overseers . 460

13.

POWER-1. Power of leasing-Coal mine-Lease, whether in excess
of power-Settlement-Tenant for life-Forfeiture. Morris v. Rhydydefed
Colliery Co.
801, 808
See Ecclesiastical

[blocks in formation]

PRACTICE 1. Appeal to Privy Council-Delay after allowance of
appeal by Colonial Court-Motion to dismiss appeal for non-prosecution
Jurisdiction of Court before lodgment of appeal. How v. Kirchner 10
Amendment of erroneous entry of judgment.

2. Judgment

Laing v. Whaley

--

[ocr errors][merged small]

3. New trial-Interested juror-Company a party to action-
Juror a shareholder in Company. Williams v. G. W. Rail. Co.
1019

4. Pleading Action by Banking Company - Several pleas—
What pleas of defendant allowable. Liverpool Borough Bank v. Mellor 851
5. Stay of proceedings - Ejectment
unpaid. Morgan v. Nicholl

6.

-

Bond

[ocr errors]

Costs of former action

Omission to pay interest

-

. 660
Separate actions
against obligees-Power of Court to stay proceedings on payment of
interest and costs. Wheelhouse v. Ladbrooke.

. 695

7. Trial-Time appointed for sitting of Court-Mean time at
place where Court sits or Greenwich time. Curtis v. March .. 1017

PRINCIPAL AND AGENT-1. Charter-party-Signature by procura-
tion Authority of agent-Liability of principal-Inference of general
agency from specific acts. Smith v. M'Guire
853

2. Dealing with agent as principal-Estoppel-No subsequent
right of action against principal. Macfarlane v. Giannacopulo.. 1014
3. Del credere agent-Liability to principal. See Sale of Goods, 4.
4. Sale of goods-Payment to agent-Liability of principal-
Right of seller to sue undisclosed principal, when discovered-Election
-Delay. Smethurst v. Mitchell

. 374

PRINCIPAL AND SURETY-1. Bond to secure annuity-Contingent
liability-Bankruptcy of surety-Principal or surety-Liability of
surety for arrears of annuity accruing, due subsequent to discharge in
bankruptcy. White v. Corbett.

. 405
2. Guaranty - Costs of action Unpaid costs Measure of
damages. See Damages, 4.

[ocr errors]

PRINTER-Rules of trade-Trade dispute-Arbitration.
and Servant, 5.

PRIVY COUNCIL-Appeal to. See Practice, 1.

See Master

PROMISSORY NOTE. See Bill of Exchange and Promissory Note.

RAILWAY-1. Sale of carriages under distraint for unpaid charges
for carriage of goods-Demand Condition precedent-Demand in excess
of amount due-Special services. Field v. Newport, &c. Rail. Co.

. 759

2. Alteration of line-Change in amount of capital-Liability of
shareholder-Sci. fa.-Transfer of shares. See Company, 4.

3. Carriage of goods-Liability as carrier. See Carrier, 2—5.
4. Purchase of lands. See Lands Clauses Act, 2, 3.

RATE-1. Borough rate-Levy of additional rate on out-township-
Method of enforcing rate-Distress or mandamus. R. v. Hunslet Over-

seers •

. 453

2. County rate-Principle of assessment-Deduction in respect
of empty and unoccupied houses. R. v. Overseers of Hammersmith

[ocr errors]

1044

« EelmineJätka »