CHARITY AND CHARITABLE TRUST-3. Will-Gift to corpora-
tion for charitable purposes-Right to surplus income-Decree dealing
with limited increase of income-Implied right of corporation to sur-
plus-Qualified acceptance of gift by corporation-Account, how far
123
carried back. Att.-Gen. v. Drapers' Co.

4.

Gift of fixed sum

-

Devise of estates

-

- No express
beneficial gift to Company-Right of Company to increased rents after
making fixed payments. Att.-Gen. v. Grocers' Co.

COGNOVIT. See Warrant of Attorney.

-

166

Debts of Company Action against
COMPANY-1. Directors
directors-Employment of solicitor for joint defence-Payment of costs
by one director—Action against other for contribution. Edger v. Knapp
469

2. Winding up-Resolution for winding up at extraordinary
general meeting-Authority of meeting to bind absent shareholders-
Authority of liquidators-Resolutions not containing contract giving
right of action. Lyon v. Haynes

364

3. Unincorporated Company-Transferable shares-Nuisance at
common law. Garrard v. Hardey

346

COMPROMISE-Under Court-Point of construction not under con-
sideration not excluded. Bennett v. Merriman

. 110

CONFLICT OF LAWS-1. Sovereign Prince-Liability to jurisdiction
of Courts of foreign country in which he is resident. Duke of Brunswick v.
King of Hanover

2.

1

Suit against one uniting character of independent
foreign Sovereign and subject - Foreign Sovereign suing in equity
Duke of Brunswick v. King of
submits himself to jurisdiction of Court.
Hanover

1

3. Foreign judgment-Estoppel-Foreign Company-Proceedings
in English Court-Collision on high seas-Foreign judgment pleaded as
General Steam Navigation Co. v. Guillou
defence to action-Law of France.

807

CONTEMPT OF COURT-Attendance of parties at Master's office for
taxation of costs-Assault by one party on another on steps of Master's
office-Attachment. Ex parte Wilton

850

CONTRACT-1. Consideration-Release from custody-Agreement to
796
pay specific sum-Memorandum in writing-Statute of Frauds. Butcher
v. Steuart

2.

smaller sum within reasonable time.

3.

Forbearance to sue

Contract not under seal-Executed con-
sideration-Condition precedent Bill in Parliament Agreement to
withdraw opposition-Public policy. Fishmongers' Co. v. Robertson . 242
Limit of space London-
4. Restraint of trade - Dentist
Population of particular district-Stipulation against practising in
towns where plaintiff might practise during service-Unreasonable
restriction-Covenant bad in part. Mallan v. May .

5.

708

Stamp duty-Licence to use patent. See Stamp Duty, 2.
CONTRIBUTION-Payment of bill by one of two joint contractors—
Action for contribution against the other. Edger v. Knapp

469

CONVERSION-Will-Gift of money to daughter to purchase estate
-Legatee to receive money at 21 if land not purchased-Death of
daughter-Money passing as realty. Simpson v. Ashworth

130

2. Grant-Reputed manor-Grant will not pass freehold interest
in waste nor any specific tenement of grantor. Doe d. Clayton v.

CORPORATION-Contract-Contract not under seal-Consideration
executed-Condition precedent-Public policy-Bill in Parliament-
Agreement to withdraw opposition-Parties-Pleading. Fishmongers' Co.
v. Robertson

242

CORPORATION (MUNICIPAL)—Crown grant of customs and tolls-
Fund raised by public subscription and paid to corporation for purpose
of abolishing tolls- Charitable trusts. Att.-Gen. v. Corporation of
Shrewsbury

57

COSTS-1. Costs of former action-Remedy over against third party
-Notice to third party to defend-Judgment against defendant by
default-Action by defendant against third party-Costs of former
action included in verdict-Evidence of sanction to former proceedings.
Blyth v. Smith
. 331

2. Action discontinued by solicitor without notice to client-
Solicitor's right to recover costs. Nicholls v. Wilson.
523

3. Set-off-Costs receivable and payable by two parties-Lien of
solicitors. Cattell v. Simons
82
4. Taxation of costs-Counsel's fees-Discretion of taxing Master
-Costs of process of contempt for not answering. Att.-Gen. v. Lord
Carrington.

Special circumstances

142
5.
Refusal of solicitor to allow
deeds to be executed until payment of costs-Payment under protest-
Specific items objected to not mentioned in petition. Ex parte Andrews

6.

200

Review of taxation-Costs taxed as between solicitor
and client-Directions in award-Excess of authority. Bartle v. Musgrave

838

7. Treble costs-Court of Requests Act-Trespass-Execution-
Notice of action-Verdict for defendant without giving evidence-
Defendant's right to treble costs where Act not given in evidence at
trial. Forman v. Dawes .

737

And see Ship and Shipping, 2.

COVENANT-1. Personal covenant-Covenant by churchwardens
and overseers to pay for repairs to church-Proviso limiting liability
to covenantors in their official capacity-Proviso, being repugnant
to covenant, void. Furnivall v. Coombes

455

2. Voluntary covenant sufficient to support creditor's suit
against representatives of covenantor Parties to suit. Watson v.
Parker

77

CRIMINAL LAW-1. Criminal information-Time for moving for.
R. v. Harris
835

2. Penal action - New trial- - Verdict for defendant- Verdict
against law. Att.-Gen. v. Rogers
719
3. Servant-Absenting from service-Commitment-Form of
In re Copestick.
834

warrant.

CROWN-Grant by-Grant subject to fee-farm rent-Proviso for
re-entry in case of decree for repair at suit of Crown-Subsequent grant
of fee-farm rent to third party-Loss of Crown's right of re-entry.
Flower v. Hartopp

DAMAGES. See Defamation, 1.

149

DEED-1. Agreement under hand only-Affixing seal after signature
-Conversion into deed. Davidson v. Cooper.
756

2. Conveyance of land-Parcels-Reference to schedule-State-
ment of quantity-Land marked off on plan less than quantity stated-
Mistake-Falsa demonstratio. Llewellyn v. Earl of Jersey.

569

3. Delivery of deed as escrow-Express words not necessary.
Bowker v. Burdekin

541
Disclosure of

447

DEFAMATION-1. Damages - Evidence of malice
another cause of action. Pearson v. Lemaitre

2. "Black sheep "-Implication of bad character-Pleading—
Averment Justification of part of libel. M'Gregor v. Gregory.

599

3. "Mere man of straw"-Imputation of insolvency-Pleading
-Prefatory averment-Explanation of term-Demurrer to part of libel
only. Eaton v. Johns

841

DISCOVERY-1. Privilege Discovery sought of two separate
matters-Answer to one matter likely to subject defendant to criminal
prosecution--Duty of plaintiff to separate two matters. Earl of Lichfield

v. Bond

20

2. Deeds impeached for fraud-Motion for production. See
Fraud and Misrepresentation, 1.

DISTRESS-For rent. See Landlord and Tenant, 3, 4.

EASEMENT-Minerals-Prescription-Right to substratum of coal
lying under another's land-Right to land, not claimable by prescrip-
tion. Wilkinson v. Proud.

507

Repair of church-

ESCROW. See Deed, 3.

ESTATE. See Will, 6.

ESTOPPEL-1. Bill of Exchange-Forged bill-Acceptance with
knowledge of forgery. See Bill of Exchange, 2, 3.

2. By record-Foreign judgment. See Conflict of Laws, 3.
And see Vendor and Purchaser, 2.

EVIDENCE-1. Agent, Statement by-Wife attending to husband's
business in his absence-Admission to landlord-Evidence of terms of
tenancy. Meredith v. Footner.

. 581

2. Commission to take evidence-Nomination of Commissioner
connected by family ties and business with one party-Presumption of
bias. Lord Mostyn v. Spencer.
38

3. Documentary - Bill of Exchange - Objection to document
purporting to be foreign bill on ground that it was an inland bill
drawn in London-Evidence rejected at first stage of cause-Subsequent
admission as part of defendant's case and submission to jury. Bartlett
v. Smith

664

EVIDENCE-4. Documentary-Entries in book-Sale of goods-Fore-
man unable to write-Entries made by third person-Action for price
of goods. Brain v. Preece

5.

.752

Memorandum - Tenancy, Evidence of- Withdrawal of
distress-Authority to re-enter-Stamp duty. Hill v. Ramm . . 489

6.

Privileged communication-Statement made at solicitor's
office Same solicitor acting for both parties - Letter written by
solicitor—“ Act done "-Proof by solicitor. Shore v. Bedford. 285

EXECUTION-1. Charging order-Stock-Fund in name of trustees-
Judgment recovered against defendant-Defendant only having limited
interest in dividends-Judgment Act, 1838, ss. 14, 15. Fowler v. Churchill
513

lord

And see Churchill v. Bank of England.

-

3.

. 617

2. Fi. fa.-Removal of goods after notice of rent due to land-
Liability of sheriff-Action on the case-Notice to execution
creditor-Pleading. Riseley v. Ryle
. 500
Seizure under writ founded upon judgment fraudulent
against creditors-Goods in hands of sheriff-Subsequent writ founded
on bona fide debt-Notice of fraud-Return of nulla bona to second
writ-False return-Liability of sheriff-Evidence of fraud-13 Eliz. c. 5.
Imray v. Magnay

592

4. Sci. fa.-Bond given to Crown by committee of lunatic is
matter of record. R. v. Chambers
754

EXECUTOR AND ADMINISTRATOR-1. Administration-Statutes
of Distribution-Marriage settlement-Limitation to next of kin of
husband-Right of widow to take. Cholmondeley v. Lord Ashburton . 19
Proceedings by administrator-Trespass - Asportation
of goods of intestate-Act done after death of intestate. Tharpe v.
Stallwood
474

2.

3. Partnership Business carried on by surviving partner —
Right to allowance. Stocken v. Dawson

FEE-FARM RENT. See Crown.

116

FIXTURES-Demise of house does not raise implied promise to pay
for fixtures. Goff v. Harris

412

FRAUD AND MISREPRESENTATION-1. Deeds-Impeachment
for fraud-Motion for production-Cases in which Court grants inspec-
tion. Bassford v. Blakesley

.36

2. Misrepresentation-Deceit-Untrue representation-Intention
to induce another to act to his own prejudice-Knowledge of untruth of
representation-Moral fraud essential to liability. Taylor v. Ashton 635
3. Negotiable instrument-Bill accepted soon after obtain-
ing majority-Promissory note given to money-lender as consideration
for renewal of bills-Accommodation bill-Consideration-Injunction.
Lloyd v. Clark

ship, 3.

85

4. Fraud of partner-Constructive notice-Banker. See Partner-

5. Judgment—-Fraud against creditors-Execution-Liability of
sheriff Second bonâ fide writ-False return-Evidence of fraud. See
Execution, 3.

-

GAMING Wager — Trotting match - Legal race — Forfeiture of
deposit-Recovery from stakeholder-18 Geo. II. c. 34, s. 11.
v. Bray

Challand

845

GOODS, SALE OF. See Sale of Goods.

GRANT-1. By Crown. See Crown.

2. Of manor. See Copyhold, 2.

HIGHWAY-1. Dedication-Dedication to section of public-Inten-
tion to dedicate to whole public must be shown. Poole v. Huskinson 782
2. Repair Liability of surveyor-Authority of magistrate—
Costs-Wrongful distress-Replevin. George v. Chambers.

554
HUSBAND AND WIFE—1. Marriage settlement-Limitation to
next of kin of husband according to Statutes of Distribution-Right of
widow to take. Cholmondeley v. Lord Ashburton
19

2. Wife's property-Conveyance-Concurrence of husband-Form
of rule. Ex parte Duffill.

3.

319

Legacy-Wife's equity to settlement-No claim by wife
in her lifetime-Administration suit-Money carried to account of
legatee and her children-Right of children as against surviving
husband. De la Garde v. Lempriere.

.

103
4. Admission by wife Whether binding on husband. See
Principal and Agent, 1.

-

--

INFANT-1. Contract Necessaries Dinners and confectionery
supplied to undergraduate. Brooker v. Scott

517

2. Jurisdiction of Court No authority to sell infant's real
estate on the ground that a sale would be beneficial. Calvert v.
Godfrey
24

3. Maintenance-Special allowance-Infant residing with father
out of jurisdiction. De Weever v. Rochport

129

INJUNCTION-Ex parte application-Transfer of stock-Mistake-
Apprehension that defendant will refuse to re-transfer-Affidavit-
Notice of motion. Arkwright v. Gryles.

INSURANCE (LIFE)-Policy-Provision for avoidance of policy if
assured should "die by his own hands"-Suicide by drowning-Verdict
of temporary insanity-Policy avoided. Borradaile v. Hunter.

428

INSURANCE (MARINE)-1. Assignment of interest in ship after
policy effected, but before loss-Assured cannot sue upon policy, except
as trustee for assured, where there is an agreement to keep it alive for
his benefit. Powles v. Innes
496

1

2. Concealment-False representation as to time of sailing-
Reliance on representation-Presumption of notice by entry in Lloyd's
list rebutted. Mackintosh v. Marshall

531

3. Insurable interest-Policy on goods "lost or not lost"-
Interest acquired after partial loss-Pleading. Sutherland v. Pratt 606
4. Lloyd's list is primà facie evidence of time of sailing as
against underwriter. Mackintosh v. Marshall

531

JUSTICES Jurisdiction-Highways-Authority of single magis-
trate to summon surveyor-Costs-18 Geo. III. c. 19, s. 1-5 & 6
Will. IV. c. 50, s. 94—Wrongful distress-Replevin. George v. Chambers

* 554