The Mode of Citation of the Volumes of the LAW REPORTS, commencing January 1, 1897 will be as follows:-
ABANDONMENT-Notice of-Recovery of ship | APPOINTMENT Subsequent surrender of life
See INSURANCE, MARINE. 2. ACTION-Cause of-Nervous Shock-Practical Joke causing-Remoteness of Damage.
The defendant, by way of a practical joke, falsely represented to the plaintiff, a married woman, that her husband had met with a serious accident whereby both his legs were broken. The defendant made the statement with intent that it should be believed to be true. The plain- tiff believed it to be true, and in consequence suffered a violent nervous shock which rendered her ill:-
Held, that these facts constituted a good cause of action.
Victorian Railways Commissioners v. Coultas, (1888) 13 App. Cas. 222, and Allsop v. Allsop, (1860) 5 H. & N. 534, considered. WILKINSON v. DOWNTON Wright J. 57 ADMINISTRATION-Of bankrupt estate-Sale by sheriff-Notice of bankruptcy peti-
interest-Estate duty See REVENUE. 2.
See LANDLORD AND TENANT. 2. 218 Right of unregistered assignee to sue 1 See COPYRIGHT.
BAILIFF (HIGH)-Fees-Practice See COUNTY COURT. 1. BANKRUPTCY-Execution levied for over 201.— Sale by Sheriff-Notice of Bankruptcy Petition— Death of Judgment Debtor-Administration Order 37-Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), 88. 45, 125, sub-s. 6-Bankruptcy Act, 1890 (53 & 51 Vict. c. 71), s. 11, sub-s. 2.
ALIMONY-Proof-Arrears accrued due before receiving order
The sheriff sold under an execution levied' for more than 20%., and within the fourteen days limited by sub-s. 2 of s. 11 of the Bankruptcy Act, 1890, received notice of a bankruptcy petition against the judgment debtor, who died shortly afterwards. After the fourteen days the sheriff received notice of a petition under s. 125 of the Bankruptcy Act, 1883, for the administration of
the estate of the deceased debtor, on which an administration order was subsequently made :- Held, that the judgment creditor was under the circumstances entitled to the money in the hands of the sheriff.
Observations as to the extent to which the provisions of Part III. of the Bankruptcy Act, 1883, are applicable to an administration of a deceased debtor's estate under s. 125 of that Act. Quare, whether an administration order is equivalent to a receiving order for the purposes of s. 11 of the Bankruptcy Act, 1890. WATKINS v. BARNARD Vaughan Williams J. 521 Fraudulent Preference-Bill of Ex- change-Payment of overdue Acceptance-Onus of Proof-Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), s. 48.
When a bill of exchange is not presented for payment at maturity but is held over at the request of the acceptor and subsequently paid, such a payment is not within the principle of In re Clay & Sons, (1895) 3 Manson, 31, and may be a fraudulent preference within s. 48 of the Bankruptcy Act, 1883.
When a trustee in bankruptcy proves that the debtor was insolvent at the time when he made the payment that is impeached as a fraudu- lent preference, the onus of proof shifts, and the party supporting the payment must shew that it was not made with the view of preferring him. In re EATON & Co. Ex parte VINEY
Fraudulent Preference-Conveyance to make good Breaches of Trust-Revocable Mandate -Evidence-Notes of Bankrupt's Examination Deposit of Share Certificates- Declaration of Trust.
A bankrupt, two days before his bankruptcy, executed a deed, by which he conveyed an estate to a person upon trust to raise thereout by sale or mortgage 42001., and therewith to make good| divers breaches of trust which he had committed in respect of certain scheduled trust estates of which he was trustee. By the deed he charged the property conveyed with the payment of the 42001., and conferred on the grantee, his executors or administrators, a power to appoint new trus- tees. The deed was not communicated to any of
Held, that the deed was not a revocable man- date, but created the relation of trustee and cestui que trust as between the grantee and the persons interested in the trust estates and was consequently irrevocable:
Held, also, that the deed was not a fraudulent preference within the meaning of s. 48 of the Bankruptcy Act, 1883, because the object of the bankrupt in executing it was not to prefer some creditors to others, but to shield himself from the consequences of the breaches of trust committed by him:
Held, also, that answers made by the bank- rupt on his public examination ought not to be given effect to as evidence to invalidate the deed against the beneficiaries.
The bankrupt shortly before his bankruptcy deposited certificates of shares in a box with memoranda to the effect that they were deposited
Reputed Ownership-Bill of Sale- Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), 8. 44, sub-s. iii.-Bills of Sale Act (1878) Amendment Act, 1882 (45 & 46 Vict. c. 43), 8. 7.
Where the grantor of a bill of sale has become bankrupt before making any default in payment of the sums thereby secured, his possession of the goods assigned by it under such circumstances that he continues to be the reputed owner thereof is a possession by him with the consent of the true owner within the meaning of s. 44, sub-s. iii., of the Bankruptcy Act, 1883. In re GINGER. Ex parte LONDON AND UNIVERSAL BANK
7. Sale by Trustee to Partner of Member of Committee of Inspection-Sale at an Undervalue -Damages - Delay - Bankruptcy Rules, 1886, r. 316.
The sale of a bankrupt's property by the trustee in bankruptcy to a partner of a member of the committee of inspection, such partner buying for himself and not for the benefit of the partner- ship, does not fall within the mischief of rule 316 of the Bankruptcy Rules, 1886, which enacts that "neither the trustee nor any member of the committee of inspection of an estate shall, while acting as trustee or member of such committee,
I either directly or indirectly, by himself or any partner, clerk, agent, or servant, become pur-
chaser of any part of the estate"; neither does the principle of Ex parte Moore, (1881) 51 L. J. (Ch.) 72, apply.
In 1889 a trustee, with the approval of his committee of inspection, sold part of a bankrupt's estate to S. The sale was at an undervalue to the knowledge of all parties concerned. A credi- tor of the bankrupt became aware of the trans- action in March, 1891, but took no steps to impugn it until February, 1897 :-
Held, that the creditor's right to relief against S. was not barred by laches and acquiescence. In re GALLARD. Ex parte GALLARD Vaughan Williams J. 8 Secured Creditor-Pending Action- Payment into Court with Denial of Liability- Payment into Court as Security for Costs-Rules of Supreme Court, Order XXII., r. 6-Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), 88, 45, 168.
Where a defendant under the Rules of the Supreme Court, Order XXII., r. 6, pays money into court in satisfaction of the plaintiff's claim with a denial of liability, and becomes bankrupt before the trial, and the trustee in bankruptcy declines to be made a party to the action, the plaintiff is a secured creditor to the extent to which his proof in the bankruptcy for the amount claimed by him in the action is admitted by the trustee. If the proof when admitted is less than the sum so paid in, the plaintiff is a secured creditor only for the amount so admitted, and the trustee is entitled to the balance of the sum in court.
Directions as to how the costs should be dealt with in such a case when the plaintiff has paid money into court as security for the defendant's costs of the action. In re GORDON. Ex parte NAVALCHAND Vaughan Williams J. 516 Loan in consideration of share of profits- Postponement to other creditors See PARTNERSHIP.
Middleton v. Pollock, (1876) 2 Ch. D. 104, CONSERVATORS—Of Thames-Rights of owner approved
of shore-Right to take sand See THAMES.
Moore, Ex parte, (1881) 51 L. J. (Ch.) 72, CONSOLIDATION OF ACTIONS-Libel-Practice principle of, inapplicable
Of tenancy-Market gardeners-Compensa-
See LANDLORD AND TENANT. 1. CONVEYANCE ON SALE-Stamp-Exchange of
See LANDLORD AND TENANT. 2. COPYRIGHT—Infringement—Assignment—Right of Unregistered Assignee to Sue-Copyright Act, 1842 (5 & 6 Vict. c. 45), 88. 13, 24.
The assignee of a copyright under 5 & 6 Vict. c. 45, must be registered before he can maintain an action for its infringement.
Dictum of Cockburn C.J. in Wood v. Boosey, (1867) L. R. 2 Q. B. 340, not followed. LIVER- POOL GENERAL BROKERS' ASSOCIATION v. COM- MERCIAL PRESS TELEGRAM BUREAUX Kennedy J. 1 CORPORATION-Charter to- Forfeited recog-
COSTS-District registry-Retaxation by Master
of Supreme Court
See PRACTICE. 1.
Retainer of solicitor by partnership-Costs incurred after dissolution-Liability 396 See SOLICITOR. 3.
COUNTY COURT-Practice-High Bailiff-Fees -County Courts Act, 1888 (51 & 52 Vict. c. 43), 88. 154, 160.
Where the high bailiff of a county court seizes goods under a warrant of execution, and
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