LANDLORD AND TENANT-1. Breach of covenant-Covenant by
lessee to expend specified sum in substantial improvements-Work to
be carried out under direction of surveyor to be named by lessor-
Surveyor not appointed-Condition precedent. Coombe v. Greene . 661
2. Disputing landlord's title-Parish property-Assignment to
new trustees-Tenant from year to year holding over after expiration
of lease-Payment of rent to old trustees-Acknowledgment of new
tenancy-Title of new trustees-Estoppel. Gouldsworth v. Knights. 619
3. Distress for rent-Wrongful distress-Distraint on looms in
work-Payment of rent and costs-Trespass ab initio only as to goods
not distrainable. Harvey v. Pocock

741

4.
Forcible entry Breaking open doors - Trespass -
Distrainor forcibly ejected after entry-Subsequent forcible entry.
Eagleton v. Gutteridge.

655
5. Fixtures-Acceptance of demise-Implied promise to pay for
fixtures-Payment into Court-Admission of liability. Goff v. Harris

412

6. Furnished house-Implied condition that premises reasonably
fit for habitation. Smith v. Marrable

Execution, 2.

7. Execution Notice of rent due

And see Evidence, 1.

LIBEL. See Defamation.

493
Liability of sheriff. See

LIEN-Generallien-Wharfinger and shipping agent-Goods in transit
-Bankruptcy of buyer. Bowman v. Malcolm
785

LIMITATIONS (STATUTE OF)-Cross accounts-Some items in A.'s
account more than six years old-Set-off-Balance struck in favour of
A.-New consideration. Ashby v. James
676

MAINTENANCE-Tithes-Modus-Claim to tithes in kind-Resolu-
tion of proprietors requesting solicitors to take steps to resist claim-
Common interest. Findon v. Parker
723
- False imprisonment - Giving into
custody-Justification-Apprehension of breach of peace-Ringing
door bell and forcible attempt to enter defendant's house-Plea not
showing breach of peace.

MALICIOUS PROSECUTION

Grant v. Moser

236

MANOR. See Copyhold.

MASTER AND SERVANT-Servant absenting himself from service
-Warrant of commitment, Form of. In re Copestick.
834

MAXIM-Falsa demonstratio non nocet. Llewellyn v. Earl of Jersey

569

MINES AND MINERALS-Coal-Prescription Substratum lying
under another's land-Right to land.

MISREPRESENTATION.

Wilkinson v. Proud..

See Fraud and Misrepresentation.

MISTAKE-Account-Release. See Partnership, 1.

And see Deed, 2.

--

507

MONEY PAID - Composition deed Promissory notes given to
creditor signing deed for balance of debt-Notes paid to holder-
Recovery from creditor as money paid. Horton v. Riley

. . 667

MORTGAGE-1. Account-Trust for mortgagee to receive rents and
to apply them in discharge of principal and interest-Ultimate trust
for mortgagor's wife and children-Mortgagee remaining in possession-

Rents not applied as directed-Bill by mortgagee against representa-
tives of mortgagor for sale of premises-Liability of mortgagee for
rents which he might have received but for wilful default. Beare v.

Prior.

47

MORTGAGE-2. Account-Mortgagee in possession-Allowance for
repairs Substantial repairs, in nature of improvements, not justified.
Sandon v. Hooper
72

3.

Mortgagee in possession liable for damage occasioned
by pulling down buildings on property. Sandon v. Hooper

72

4. Costs-Administration decree-Advance of money forming
part of estate by executors-No notice to mortgagor of character of
money or of decree Title deeds deposited in Master's office under order
of Court-Right of mortgagor to costs of getting deeds out of Master's
office. Reed v. Freer
. 211

5. Priority-Copyholds-Deposit of copy of admission-Death of
mortgagor Mortgage by heir by deposit of his own admission-Sale
by heir's mortgagee-Notice to purchaser of ancestor's incumbrance-
Conveyance to purchaser void as against first equitable mortgagee.
Tylee v. Webb
. 176
6. Priority-Mortgage "subject to prior incumbrances "-Prior
equitable charge-No notice to mortgagee-Equitable assignees for
value of express charge on land-Postponement to subsequent equitable
incumbrancers. Greenwood v. Churchill.
88

7. Stamp duty-Mortgage of leaseholds-Costs of renewal-
Addition to sum advanced. See Stamp Duty, 4.

NEGLIGENCE-1. Injury to horse-Horse ridden gratuitously at
owner's request-Duty of rider to use reasonable skill. Wilson v. Brett

2. Solicitor-Proceedings against wrong person-Mistake.
Solicitor, 2.

NEW TRIAL. See Practice, 1, 2.

NOTICE-Constructive-Fraud of partner. See Partnership, 3.

528

See

NUISANCE-1. Illegal association-Raising and transferring stock is
not a nuisance at common law. Garrard v. Hardey

346

2. Obstruction of river-Public-house abutting on navigable
river-Timber drifting and obstructing entrance to house-Continuing
nuisance-Special damage-Private injury. Rose v. Groves

. 415

3. Trespass-Justification-Entry on land of another in order to
abate nuisance-Nuisance must be immediately dangerous to life or
health. Jones v. Williams
564

PARLIAMENT 1. Franchise-Registration-Qualification-Several
houses within borough-One house sufficient to confer borough vote-
Remaining houses each of insufficient but collectively of more than
sufficient value-Right to vote for county in respect of remaining
houses-2 & 3 Will. IV. c. 45, ss. 20, 25, 27. Webb v. Aston . 218
2. Registration of voters - Revising Barrister, Appeal
from-Time for sending in statement of case and notice of appeal.
Autey v. Topham

And see Simpson v. Wilkinson

3.

215

217, n.

Omission of material fact-Fact cannot be
supplied by consent-Remission of case to Revising Barrister for fuller
statement of facts.

Webb v. Aston.

218

-

PARLIAMENT-4. Franchise Registration of voters - Revising
Barrister, Appeal from-Appellant has right to begin. Webb v. Aston

5.

218

Notice of objection-Duties of postmaster-
Receiving and forwarding notices of objection-Duty performed by
clerk. Cooper v. Coates

233

Successive occupation - Registra-

tion in respect of all premises occupied necessary-Misdescription-
Power of Revising Barrister to amend claim. Bartlett v. Gibbs.. 227

PARTNERSHIP-1. Account-Death of partner-Account settled
and release executed by residuary legatees of deceased partner-Errors
in accounts-Liberty to surcharge and falsify-Release set aside-Lapse
of time. Millar v. Craig .

And see Pritt v. Clay

2.

134

160

Interest on capital, Presumption of. Millar v. Craig 134

3. Bankers-Power of attorney given by customer for receipt of
dividends and sale of stock-Secret sale by partner-Proceeds received
by firm-Constructive notice-Liability of surviving partner. Sadler v.
Lee

95

4. Death of partner-Articles providing that on partner's death
his son or (during son's minority) executor should succeed to share-
Stipulation held optional, not obligatory. Madgwick v. Wimble 155

5. Insanity of partner-Imbecile partner taking active part in
business of firm-Liability for acts of firm-Mere diminution of capacity
not sufficient ground for dissolution. Sadler v. Lee

95

6. Receiver-Business carried on with assets of deceased partner
-Right of representatives to a receiver. Madgwick v. Wimble.. 155

Stocken v.

7. Surviving partner-Executor of deceased partner-Right to
allowance for carrying on business for benefit of estate.
Dawson

116

8. Deed of assignment-Deed executed by one partner only-
Act of bankruptcy. See Bankruptcy, 1.

9. Joint contractors-Contribution. See Company, 1.

PLEADING. See Practice, 2; Tender.

POOR LAW-Parish property-Churchwardens and overseers-Power
of one churchwarden or overseer to authorise distress for rent. Goulds-
worth v. Knights.

- Power executed abroad

619

POWER OF ATTORNEY- Execution
Blank left for Christian name of attorney-Blank filled up after execu-
tion. Eagleton v. Gutteridge

PRACTICE—1. New trial-Surprise-Neglect of unsuccessful party
Tharpe v. Stallwood

3. Pleading-Plea of non assumpsit. Sutherland v. Pratt 606

4. Stay of proceedings Bank of England-Dividends on stock-
Charging order-Action by executors-Offer to pay part of dividends
due. Churchill v. Bank of England.

And see Costs; Discovery.

617

PRINCIPAL AND AGENT-1. Admission by agent-Wife attending
to husband's business in his absence-Statement to landlord-Admis-
sion of rent due-Evidence of terms of tenancy. Meredith v. Footner 581
2. Fraud of agent-Double agency-Money entrusted to agent
for purpose of redeeming annuity-Release by grantee without receiving
money-Incidence of loss. Vandaleur v. Blagrave
. 180

PRINCIPAL AND SURETY-1. Guaranty-Continuing guaranty-
Guaranty of account for goods-"In consideration of your . . agreeing
to draw upon A. at three months from the first of the following month
for all goods purchased up to the 20th of the preceding month.”
Hitchcock v. Humfrey
. 401

2.

Guaranty of account for goods - Existing account
Guaranty held not to extend to future supplies of goods. Allnutt v.
Ashenden

3.

321

Alteration after signature-Affixing seal to agreement
under hand only-Pleading-Plea of non assumpsit. Davidson v. Cooper

756

PROMISSORY NOTE. See Bill of Exchange.

RAILWAY—Statutory authority to construct. See Statute.

RECEIVER-Liability for loss-Deposit with banker at interest-
Failure of banker before time for passing accounts.

Drever v. Maudesley

REVENUE-Customs duty-Goods landed by bill of sight-Removal
without payment of duty-"Perfect entry" not made according to
statute-Goods illegally unshipped-Penalty. Att.-Gen. v. Hurel. 683

-

RIVER-Navigable river - Obstruction Timber allowed to drift
opposite house abutting on river-Public-house-Special damage
Continuing nuisance. Rose v. Groves

415

SALE OF GOODS-1. Acceptance-Goods not according to sample—
Goods landed and warehoused by buyer-Notification to sellers that
goods were lying at warehouse at their disposal and would be sold to
cover damages-Subsequent sale by buyer-Sale from necessity as
agent of original seller-Set-off. Chapman v. Morton
669

2. Delivery-Tender-Offer to deliver goods in closed casks-
Buyer must have reasonable opportunity of examining goods. Isher-
wood v. Whitmore

624

3. Stoppage in transitu-Transfer by buyer for limited purpose
-Transfer of bill of lading to secure advance-Bankruptcy of buyer--
Lien of seller for unpaid purchase-money. Spalding v. Ruding.

120

4. Entry made by third person-Price of goods, Action for. See
Evidence, 4.

SHERIFF. See Execution.

SHIP AND SHIPPING~1. Charter-party-Ship to be ordered to
sail to one of several ports as shall be ordered at M.-Implied promise

FOL

864

INDEX.

that ship shall be ordered to sail within reasonable time. Woolley v.
Reddelien

[R.R.

T

288

Com
Com

SHIP AND SHIPPING-2. Collision-Salvage-Salvage expenses-
Costs of action-Question for jury. Tindall v. Bell

584

3.

Damage by foreign ship
Collision on high seas
Pleading-Action against shareholder in foreign Shipping Company
owning ship-Law of France-Foreign judgment-Estoppel.
Steam Navigation Co. v. Guillou

General

T

SETTLEMENT (MARRIAGE)-1. Limitation-Statute of Distribu-
tions-Right of widow to take under limitation to husband's next of
kin. Cholmondeley v. Lord Ashburton

19

2. Covenant by husband-Neglect of trustee to enforce covenant.
See Trust, 4.

Action discontinued by solicitor without
SOLICITOR-1. Costs
523
notice to client-Solicitor's right to recover costs. Nicholls v. Wilson

2. Negligence-Mistake-Proceedings against person of same
name as defendant indicated-Malice-Trespass. Davies v. Jenkins. 744

3. Taxation of costs. See Costs, 4-6.

655

STAMP DUTY-1. Agreement-Arrears of rent-Undertaking to pay
by instalments-Held not to require lease stamp. Eagleton v. Gutteridge
2. Licence to use patent furnace-Agreement to pay money
as agreed as a patent right"-Acceptance of previous proposal-
Exemption-Sale of goods. Chanter v. Dickinson.

4. Mortgage Ad valorem duty. See Vendor and Purchaser, 2.
Further advances - Leaseholds
Addition to sum advanced. Wroughton v. Turtle.

5.

Costs of renewal-

678

6. Promissory note-Joint note-Alteration after signature by
two joint makers. See Bill of Exchange, 8, 9.

STATUTE-Statutory power to proprietors of coal mines to make
railways from their mines to canal authorised by Act-Power extending
to owners acquiring interests after passing of Act or making of canal.
Bishop v. North

648

STOCK-1. Dividends-Judgment creditor-Charging order-Refusal
of Bank to pay dividends to executors-Action by executors-Stay of
Churchill v.
proceedings-Offer by Bank to pay part of dividends due.
617
Bank of England

2. Association-Raising and transferring stock-Nuisance. See
Nuisance, 1.

TENDER-1. Pleading-Entire demand-Plea of tender of smaller
sum-Replication of demand of and refusal to pay larger sum.
Hesketh v. Fawcett

generally follows old tenement in respect of which allotment made.
Blachford v. Kirkpatrick