INDEX

head, 479

Attorney-General v. Scott, 254

Board of Health, 39

Austin, ex parte, 269

Aylesford (Earl of) v. Morris, 113, 343

Barnes's case, 271

Barrow v. Barrow, 57
Bateman's i rust. re, 345
Beattie v. Lord Ebury, 324
Beauchamp (Earl) (app.) v. Overseers of
Madresfield (resps.); Marquis of Salis-
bury (app.) v. The Overseers of South
Mims (resps.); The Same v. Bontems
(resp.); The Same v. Bulwer (resp.), 60
Bell v. Holsby, 230

Bentinck's case, 307
Benton v. Palmer, 383
Best and another v. Hill, 60

Beswick (app.) v. Alker (resp.), 40
Bidgood v. Preston, 130

Bigg v. Mayor, &c., of London, 384
Bilson v. Crofts, 400

Binney v. Feldtman, 250

Birch v. Birch, 326

Cronshaw v. Wigan Burial Board, 270
Cross v. Duckers, 210
Cross v. Whelpdale, 75
Crowther v. Bradney, 479

D. v. M., 271

Davidson's Settlement Trusts, re, 306 Davies and another v. Maclean and another, 210

Davies's (Charles) case, 272
Davis v. Gregory, 234
Davis v. Park, 95, 249
Davis's Trusts, re, 37
Dawkins v. Lord Rokeby, 270
De Britte v. Hillel, 250
De Lizardi, re, J. J., 381
Dennis v. Tovell, 39
Dickinson v. Harbottle, 363
Dickson v. Muckleston, 57
Dickson's Settlement Trusts, re, 113
Die Elbinger Actien Gesellschaft v.
Claye, 479

Digby v. Turner, 384
Dillon v. Cunningham, 78
Dixon v. Birch, 307

Dixon, ex parte; re Dixon, 97
Dorman, ex parte; re Lake, 57
Dramburgh and another v. Pollitzer, 480
Dunlop's case, 481

Dunn v. The Company of Proprietors of the Birmingham Canal Navigation, 97

38

G.

of) v. Glasse, 381

Clark v. Joslin, 234

pany, 270

CASES.

Giacommetti v. Prodgers, 267
Gibbs v. Cruikshank, 250
Gilbert v. Guignon, 56
Gloag's case, 287
Goddard v. Smith, 132

Godfrey v. Saull; Saull v. Godfrey, 94
Gordon, ex parte, re Dixon, 346
Grafton v. Grafton. 113, 234
Gray v. Bateman, 95

Great Eastern Railway Company (apps.) v. Commissioners for the Town of Harwich (resps.), 60

Great Eastern Railway Company v. Turner, 57

Green v. Britten, 151

Gresham Life Assurance Society, re The
(Penney's case), 75, 150
Griffiths v. Jones, 326
Gunn's case, 481

Hall v. Hall; Hall v. Hall, 266
Hamilton v. Carmichael, 59
Hanrott v. Spice, 40

Harmony and Montague Tin and Copper Mining Company (Limited), re the (Spargo's case), 249

Harris, ex parte; re Pulling, 36
Harris v. Fawcett, 382

Harrison v. Harrison, 112, 305

Hort v. Herwig, 478

Hartel, ex parte; re Thorpe, 343
Harter v. Harter, 211
Hatch v. Hatch, 61
Heath v. Crealock, 287

Hendrie v. Lea Bridge District Gas
Lisht and Coke Company (Limited), 37
Henry's Patent, re; re Farquharson's
Patent, 150

Henshall v. Fareday, 209, 477
Hibbert v. Hibbert, 383
Hindustan, China, and Japan (Limited)
(Bank of) re The (Alison's case), 346
Hoare v. Bembridge, 36

Hoare and Another v. Edwards and
Another, 254

Hodger v. Mortmain, Same v. Rankin, 77 Holborn Union (Guardians of the Poor of) v. The Vestry of St. Leonard's, Shoreditch, 251

Hookham v. Pottage, 37

Hooson, ex parte; re Chapman, 130
Hort's case, 480

Hunt, ex parte; re Hunt, 130
Hunter v. Chesshire, 209
Hunter v. Greensill, 77
Husey v. Cunningham, 59
Hutley v. Hutley, 251

I.

Ihler, In the goods of John Crichton, 384 Imperial Land Company of Marseilles (Limited), re The; ex parte Wall, 38 Imperial Mercantile Credit Association, re The; ex parte The Official Liquidator,

383

Imperial Royal Chartered Azienda Assicuratrice of Trieste, The, v. Funder, 37, 94

Inglis v. Pasco, 232
Ingoldby v. Riley, 286
Isaacson v. Van Goor, 112

Lacy v. Hill; re Bailey's claim, 75, 150 Lacy v. Hill; Leney v. Hill (Scrimgeour's claim), 382

La Mancha Irrigation and Land Company (Limited), re, (Lord Claud Hamilton's case), 363

Land Credit Company of Ireland (Limited), re; ex parte Marks, 75

Land Credit Company of Ireland (Limited), re. (Weikersheim's case), 306 Lachin v. The North-Western Deposit and Credit Bank (Limited), 234

Lawrence v. Jenkins, 479

Len v. Whitaker, 96

Lebeau v. General Steam Navigation
Company, 40, 269

Lee v. Sankey; Grinder v. Sankey, 209
Lees v. Lees; Lees v. Sullivan, 150
Lee's Trusts, re, 132

Licensing Committee of the District of Annandale (Cumberland), re The; ea parte Howe, 252

Lindsay v Lindsay, 78

Lishman and others v. The Northern Maritime Insurance Company (Limited), 287

Lister-Kaye v. Stanhope, 113

Little (app.) v. The Overseers of Penrith (resps.), 60

Lloyd v. Pughe, 149
Locking v. Parker, 57

London and South-Western Railway
Company, The, v. James, 94
London and Suburban Bauk (Limited),
re The, ex parte Walmesley, 113
Lumley v. Tímms, 416, 230
Lund v. Lend, 253
Lyall v. Lyall, 20
Lyle v. Elwood, 59

Vict. c. 112, 364

K.

Reg. v. Philip and Jacob, 252

Reg. v. Shropshire Union Railway and
Canal Company, 39

Reg. v. Tomlinson, 59

Reg. v. Ward, 307

Reg. v. Wilkins, 232

Rhodes, re, Fraser v. Ernton, 477
Richardson v. Willis, 77, 234
Rimino v. Van Praagh, 39
Robinson v. Grave, 151, 477
Robinson's Trusts. re, 268
Rock v. Lazarus, 131
Rolt's case (Lady), 308
Rummell v. Yarrow, 267
Russell's Policy Moneys, re, 58

S.

Salisbury (Marquis of) v. The Metropo-
litan Board of Works and The Me-
tropolitan Board of Works v. The Mar-
quis of Salisbury, 132
Samsoon, In the goods of, 384
Scarisbrick's case, 308
Scott's case, 481

Sharpe v. The San Paulo (Brazilian)
Railway Company (Limited), 95, 477
Sheffield's Application for Patent, re,
130

Sherratt v. Mountford, 382
Sherriff v. Glenton, 250

Simey (app.) v. Marshall (resp.), 61
Simmons v. Pitt, 382

Simons and others, ex parte; Re Lindsey
and Fisher, 211

Stewart v. West India and Pacific Steam-
ship Company, 251
Stock v. McAoy, 59

Swift's case; Kelly's case, 287
Swift V. Winterbotham, P.O., and
another, 306

Syers v. Conquest, 251
Sykes, In the goods of, 255

T.

Tanner v. Phillips, 20
Tapscott v. Balfour, 76
Taylor v. Atkins, 59
Taylor v. Taylor, 364

Tewkesbury and Malvern Railway Com-
pany, re the; re 27 & 28 Vict. c. 112,
231

Thacker's Trusts, re, 230

Tharsis Sulphur Company v. Loftus, 60
Thomas Howarth, re, 324
Thomas v. Raine, 270

Thompson v. The Planet Benefit Building
and Investment Society, 345
Tock, ex parte; re J. Wood, 132
Torrance v. Bolton, 74

Towns Drainage and Sewage Utiliza-
tion Company, re the, (Keith's claim),

230

Turner, re M., 77

Turner v. Renoldson, 478

U.

W.

Wades v. Wades, 255

Walker v. The Nottingham Board of
Works, 253

Walker v. Walker, 209
Walsh v. Wason, 305
Ward v. Lawson, 56

Ward v. London General Omnibus Com-
pany, 210

Ward v. Raw, 58

Warwick and Birmingham Canal Naviga-
tion (apps.) v. Churchwardens and
Overseers of the Parish of Birmingham
(resps.) 59

Watkins, ex parte; re Couston and Co., 381
Watson v. Cox, 231

Webster v. Overseers of Ashton-under-
Lyne; re Orme and others, 61

Welch v. Mercer and another, 96
Wellock v. Ostle, 58

Wentworth v. Wentworth, Buscartel, and
Argaiz, 78

West Ham Union (Guardians of) v. Ovens,

62

White, re, 74

White's Settlement Trusts, re, 38
White v. White, 112

Wight's mortgage, re, 478

Wilkinson v. Clements, 56

Willesford v. Watson, 267

Williams's case, 287
Williams v. Jones, 270

Williams, ex parte; re Williams, 343
Wilson v. Lloyd, 383
Winter, re, 249

Worthington v. Hargood, 232
Wright v. Revell, 38

Y.

Yates v. University College, London, 95,
381

Young v. Tredegar, 131

209

Action at law-Bill to restrain, 36, 209,
324

Acts of Parliament-Repeal of general

Act by special Act-23 & 24 Vict. c.
125-31 & 32 Vict. cevi-31 & 32 Vict. c.
CXXV., 270
ADMINISTRATION:

Creditor's suit-Sale of land, 75
Cruelty-Custody of children, 209
Descended Scotch real estate-Liability
to debts-Election-Costs of suit, 305
Intestacy-Widow passed over on ac-
count of her unfitness-Administra-
tion to sons, 307
Partition-Sale, 150

Power of sale-Sale by court-Surplus
proceeds, 479

Real estate-Application of assets, 112
Suit-Conduct of cause-Bare trustee,

Order to pay costs in a liquidation not
within section 126 of the Bankruptcy
Act 1869, 211
Payment out - Foreign bankruptcy-
Domicile, 306

Proof of debt-Rejection of proof by
trustee, 343
Public examination of bankrupt-Dis-
cretionary power of court-Insuffi-
cient statement by bankrupt, 326
Reputed ownership, 381
Right of trustee to demand cash
account, and for what period, 364
Bastardy order-Payment from previous
summons, 59

Benefit building society-Foreclosure-
Future subscriptions, 286
Bills in sets - Principal and agent-
Forged alteration — -Negligence-Spe-
cial case, 252

Bills of Exchange Act-Leave to appear
to defend-Defence of non-joinder of
co-defendant, 210

Bill of exchange-Mistake-Bill to com-
pel endorsement, 209

Bill of lading-Contract to carry-"Linen
goods," 40

Bills of lading, holders of-Priority-
Notice, 56

-

Bills of sale, 36, 77, 234, 251, 343
Bond debt-Principal and surety-Nova-
tion Further time - Discharge of
surety, 383
Bottomry bond as collateral security to
bills of exchange-Duty of communica.
tion with owners of cargo, 255

Champerty Agreement to contest a
will-Interest of plaintiff-Division of
profits, 251

Charity-Endowed Schools Act 1869, s.
30-Jurisdiction, 149

Charitable legacy-Gift to build alms-
houses when and so soon as a site
should be given-Remoteness, 131
Charter-party-"To load in the usual
and customary manner"-Demurrage,
76

Church wardens - Right to nominate-
Perpetual curate-Čustom, 39
Collision-Disputed ownership-Interro-
gatories, 307

Common land, right to inclose-Want of
equity, 38

COMPANY (continued).

Amalgamation of two companies-Loan
by one railway company to another-
Discharge of surety from liability,
344

Amalgamation of limited with un-
limited company - Conditional ac-
ceptation of shares - Acquiesence,
268

Amalgamation-Ultra vires-Failure of
amalgamation, 363

Consent order - Application to dis-
charge, 113

Contributory-Payment by instalments
-Debtors' Act 1869, 383

Construction of works under parlia
mentary powers-Compensation-In-
junction, 20

Fraudulent transfer, 272

Liquidation - Amalgamation

Ultra

vires-Allotment of shares- Repay.
ment to allottee, 346

Rectification of register-Remission of
forfeiture, 267

Shares, contract to take - Letter of
allotment posted, but alleged not to
have been received, 38
Shares, forfeiture of, 307

Shares, fully paid-up-Winding-up, 401
Shares standing in name of trading
firm-Winding-up, 306

Stock exchange-Sale of shares-Infant
transferee-Liability for misrepre-
sentation-Indemnity, 363
Shares-Transfer by trustee-Right of
cestui que trust-Equitable claims, 39
Shares-Transfer-Approval by direc
tors of transferee-Registration of
transfer, 75

Shares-Transfer- Refusal by direc
tors to register, 150
Transfer-Alleged fraud, 287
Winding-up-Agreement to pay calls
in goods, 112

Allotment of shares to children of
director-Breach of trust, 37
Company-Contributory - Set-off-
Damages, 38

Compromise-Sanction of court, 383
Compulsory-Petition by member for
order, 384

Contributory Director - Qualifica-
tion, 363
Costs of

Contributory, 272
Executrix, liability of -Advertise-
ments, 75

Order-Default in paying premiums
-Date of winding up order, 481
Subscribers' memorandum-Paid-up
shares-Payment in "cash," 249
Transfer to infant-Transfer by infant
to person sui juris Liability of

transferor to infant, 149

Compulsory reference-Judge sitting at
Nisi Prius, 270

Concealed fraud-Purchasers for valuable
consideration without notice, 20
Concurrent suit-Staying Proceedings,

479

COSTS:

-

Double set-Sheriffs of London and
sheriffs of Middlesex -Abandoned
motion, 231

Expenses of qualifying a witness-Costs
in the cause, 233

Indictment for libel by a private pro-
secutor, 234

Several actions referred together-One
counsel-Fees on briefs, 269
Taxation-New trial, 270

Taxation of-Reduced scale, 41, 60
County Court Admiralty jurisdiction-
Claims arising out of the use or hire of
a ship, 305

County Court appeal-Fresh evidence
on the hearing of the appeal-Practice,

62
County vote - Rateable value - Rate

books - Evidence - Representation of
People Act 1867, s. 6, sub. sec. 2, 40
Covenant in restraint of building-Pri-
vate Act of Parliament, 130
Covenant not to set up a trade within a
certain distance-Action for breach of,
97

Creditor-Claim for damages for non-
payment of premiums, 97
Cruelty-Judícial separation, 326

D.

Debtor and creditor, 61, 249, 253
Debtor's summons-Bond, 97

Defamation-Military court of enquiry-
Malice and knowledge of untruth-
Privilege of witness, 270
Devise of freeholds and copyholds to
trustees, 150
Disclaimer-Costs, 58
Discovery in ejectment, 21

Dissolution suit-Death of petitioner-
Motion of wife for order on the execu-
tors to pay her costs-Dismissal of
petition-No order, 255
Distress-Goods left for hire at a deposi-
tory-Business under landlord's name
-Estoppel, 232

Divorce-A co-respondent, a member of
a foreign embassy, dismissed from the
suit, 78

Documents, production of, relating to
plaintiff's title - Form of affidavit-
Privileged communications, 305
Domicile-Defendant out of jurisdiction
-Service, 95

Domicile-Irish testator-Jurisdiction,

59

Fence, absolute duty to repair-Right of
neighbouring landowner, 479
Foreign judgment- Action at law in
England-Bill to restrain, 325
Foreign judgment-Equitable defence-
Law and equity-Concurrent jurisdic-
tion, 324

Foreign principal, contract with agent
of-Credit to agent-Right of principal
to sue, 479

Foreign ship, purchase of-Specific per-
formance, 478

Freehold land and pew rents-Severance
of qualifying tenement, 40
Freeholds under the powers of a special
Act-Purchase of Purchase money

paid into court, 345
Friendly society-Insanity-Sickness or
accident-Right of insane member to
relief, 479
Fund in court-Apportionment Act
Order directing payment of a
fixed sum per annum, 230

1870 -

G.

Garnishee order-Money in the hands of
official assignee, 77
Gift to charity, 324
Guardians-Action against-Act done by
them under the authority of Act of
Parliament-Necessity of notice of
action, 253

HUSBAND AND WIFE (continued).
Post-nuptial settlement - Dissolution

of marriage-Wife's reversionary
interest, 149

Renewal on behalf of the wife of a
lease belonging to the husband-
Claim of the husband's sublessees
for a like renewal of their underlease
under his covenant, 230

Separate estate-Specific performance,
416

I.

Income-tax Acts-Municipal corporation
-Profits of-Deductions-Principle of
assessment, 254

Incomplete transfer, 307
Incorporated Law Society, The, 284
Indictment at assizes for libel-Acquittal
of the defendant-Action by defen-
dant against prosecutor for costs, 77
Indorsement on certificates, 481
Infant Maintenance-Costs-Charge on
real estate, 324
Injunction, 97

Innkeeper-Liability of licensed manager
-Goods of guest stolen-Real inn-
keeper, 307

Inspection of documents-Fishing appli-
cation, 40

Interrogatories, 254

Interrogatories by defendant-Excep-

tions to answer-Disclosure of plain-
tiff's evidence, 381

Issue of forgery will only be tried by a
jury-Guarantee -Strict compliance
with its terms, 344

Judgments Amendment Act, Law of
(17 & 28 Vict. c. 112)-Judgment credi-
tor-Writ of elegit-Possession of land
not given, 344
Jurisdiction-Prima facie evidence suffi-
cient, 233

L.

Landlord and tenant-Covenant to repair
-Assignment by compulsion of law, 96
Landlord and tenant-Parol agreement-
Damage to tenant's cattle from eating
poisonous shrubs on estate of landlord,
381

Landlord and tenant-Weekly tenancy
-General words, 480

Land Registry Act (25 & 26 Vict. c. 53)—
Appeal, 249

Land taken by railway company-Title-
Statute of Limitations-Possession,

324

Legal estate, severance of-Party to con-
veyance-Condition of sale, 270
Legatee-Evidence of death-Separate
account, 477

Legitimacy-Family deed of arrange-
ment-Acquiescence, 382

Letters expressing intention to settle-
Marriage upon faith of representation
-Contract, 112

Liability-Transfer of, 271
Liability of trustee for acts of co-trustee

-Joint receipt-Trust funds under the
control of both trustees, 286
Libel-Fair comment on public men-
Function of jury, 480
Libel-Particulars, 77
Licensing-Confirmation of licence by
committee Right of committee to
refuse licence where no opposition, 252
Licensing-Refusal of licence-Justices
not certifying ground of refusal-Right
of appeal-Mandamus, 252
LIGHT AND AIR :

-

Grant, derogation from, 151
Grant of easement by implication-
Derogation from, 477
Injury-Injunction, 75, 417
Special purpose-Damages, 363
Limitation of life interest until assign.
ment made for the benefit of creditors
-Effect thereon of a composition deed,

400

Liquidation--Acceptances--Double proof,

399

Literary piracy-Copying engravings, 61
Local rate-Permanent way of a railway
-Attach to and occupied with a
station, 60
Lunacy-Neglect of duty of Lunacy
Commissioners-Criminal information,

76

M.

against separate property of wife, 75
Judicial separation-Wife's cruelty-
Decree suspended until the husband
had made provision for his wife, 271

ship's stay and trade on African coast
-Ship staying for other than trading
purposes, 326
Married woman- Separate estate -
Written engagement--Credit given to
husband-Duress, 58
Married woman's will, 250
MASTER AND SERVANT :
Agreement to serve as governess-
Concealment of the fact that the
governess was a divorced woman, 251

MASTER AND SERVANT (continued).
Injury by whip of omnibus driver-
Whether act done within the scope
of his employment, 210

Injury to servant causing instant death
-Action by master against wrong.
doer-Loss of service, 253
Negligence-Fall of gutter from roof,

210

-

Negligence, evidence of - Ordinary
behaviour of a railway passenger-
Contributory negligence, 270
Negligence Interrogatories - Names
of company's servant, 269
Negligence-Railway company-special
contract exempting from liability -
Gross and wilful negligence, 59
Servant, covenant by, 21

Matrimonial suit-Cruelty-New charges
added by the wife, 234

Mayor's Court-Foreign attachment-
Prohibition - Action on bill of ex-
change, 233

Mayor's Court- Foreign attachment-
Surrender of debtor -Effect of sur-
render-Abolition of imprisonment for
debt-Habeas corpus, 232

Mayor's Court-Jurisdiction to grant
new trial, 269

Merchant Shipping Act 1854-Loss at
sea-Liability of railway company when
also shipowners-Breach of contract, 94
Metropolis Local Management.
Act
Amendment Act 1862 (25 & 26 Vict.
c. 102), ss. 53, 77-Power of board to
sue owners for apportionment of rates,
41
Misapplication of funds-Audit, 39
Misappropriation-Trover, 232
Misconduct of attorney-Suspension of
in one court-Course to be pursued on
application for suspension in another,
Mistake in order-Ex parte application to
correct, 268

77

Money-lending-Expectant heir - Per-
sonal security-Exorbitant interest-
Inequality, 113

Money paid to a third person-Payment
of third person by cheque afterwards
stopped-Election of an officer in a
voluntary institution, 232
Mortgage-Priority-West Riding Regis-
try Act, 478

Mortgage of ship and freight-Charter-
party-Advances for ship's disburse-
ments, 20

Mortgage-Trust for sale-Redemption
-Statute of limitations (3 & 4 Will. 4, c.
27, ss. 25 & 28), 57

Mortgagor and mortgagee-Redemption
suit, 112

Municipal election-Ballot Act 1872-
Numbers on counterfoils of voting
papers-Tendered ballot, 210
Music Theatrical licence-Penalty, 251