In re Adair's Patent.

the contrary has been held ; their Lordships therefore do not give weight to that objection, but they have now come to the question of the accounts.

In Betts' Patent (2), which has been before referred to, the rule with respect to accounts was there stated by Lord Chelmsford: "There can be no difficulty in a patentee beginning from the first to keep a patent account distinct and separate from any other business in which he may happen to be engaged. He knows perfectly well that if his invention is of public utility, and he has not been adequately remunerated, he will have a claim for an extension of the original term of his patent. It is not therefore too much to expect that he should be prepared when the necessity arises to give the clearest evidence of everything which has been paid and received on account of the patent."

And the same doctrine is laid down by Lord Cairns in Saxby's Patent, in Saxby's Patent, which insists upon the necessity of the patentee giving their Lordships accounts, which, as he expresses it, should be so clear as not to admit of controversy.

Now their Lordships feel some anxiety whether or not they would be justified in passing these accounts-that is to say, in so far approving of them as to base an extension of the patent upon them; and have with some reluctance come to the conclusion that these accounts are not satisfactory, and that they could not adopt them as satisfactory without in

some degree at all events relaxing the rule which has been laid down many times by their predecessors.

Under these circumstances their Lordships, though they are not prepared to say that the petitioner may not have been insufficiently remunerated, cannot enter into a speculation as to what his absolute remuneration was; it may have been a good deal more than here appears. It is perhaps difficult to suppose it can have been less; but whether it was or was not sufficient appears to them not to be the question, but whether he has complied. with the condition of supplying their Lordships with a satisfactory account. Under these circumstances their Lordships have come to the conclusion that the account is not satisfactory. This conclusion is founded not only on the omission, which they regard as a serious one, to give them information upon the foreign patent, but also upon the ground that the accounts not being satisfactory they feel that it would not be consistent with their duty to advise Her Majesty to extend this patent.

Solicitors-Wynne & Son, for petitioner; Field, Roscoe & Co., for opponents; Solicitor to the Treasury, for the Crown.

BRITISH HONDURAS-crown grant: effect of sovereignty of the crown: proclamation of annexation: limitation]-Grants of land in a colony by the Crown afford ample evidence that the Crown has assumed territorial dominion in such colony, and the fact that a formal proclamation of annexation was not made till long after such grants does not affect such evidence. Title to land in a colony acquired as against the Crown by sixty years' adverse possession. A testator having under a treaty the right or privilege of occupying a definite parcel of land for the purpose of cutting timber thereon, by his will devised all his "effects":-Held, that such right or privilege passed to his devisees. The Attorney-General of British Honduras v. Bristowe & Hunter, 15

CANADA. See Taxation.

CAPE OF GOOD HOPE-bank notes duty act, 1864: construction]-The Bank Notes Duty Act, 1864 (Cape Statute), by section 1 provides that every joint-stock bank trading as bankers in the colony and issuing bank notes, shall transmit to the treasurer of the colony monthly returns of the amount of the bank notes in circulation by such bank. Section 10 provides that every bank shall in making such returns include therein all bank notes of the same or any other bank which shall on the face of them bear to have been issued at or from any place in Africa, or elsewhere not

within the colony; and which notes, having come into the hands of such bank, shall during the month have been put into circulation by such bank:-Held, that the provisions of both sections apply only to banks of issue issuing within the colony notes payable by themselves. The Oriental Bank Corporation v. Henry Wright, 1

CEYLON-ordinance: adverse possession: proof of overt acts]-By an Ordinance of Ceylon (No. 22, 1871) it is provided that proof of the undisturbed and uninterrupted possession by a defendant in any action of lands by a title adverse to the plaintiff in such action, for ten years previous to the bringing of such action, shall entitle the defendant to a decree in his favour:-Held, that such possession must be an actual physical possession proved by overt acts done on the lands in dispute. Clark v. Elphinstone, 22

See Marriage.

COMPANY-Western Australia: joint-stock companies ordinance, 1858, application of: foreign company]-The liability of shareholders in a company incorporated in one country and carrying on business in another is regulated by the law of the country in which the company was incorporated. Bateman v. Service, 41 The Joint-Stock Companies Ordinance, 1858 (Western Australia), does not apply to a company incorporated in another colony, or to a foreign company carrying on business in the colony, nor can such a company be registered under that ordinance. Ibid.

JUDICIAL COMMITTEE—judgment: order in council : effect of: bankruptcy act: trustee: costs: personal liability]-When a decision of the Judicial Committee has been reported to the Queen, and has been sanctioned and embodied in an order of council, it becomes a decree or order of the final Court of Appeal, and it is the duty of every subordinate tribunal to whom the order is addressed to carry it into execution. Under the Bankruptcy Act, 1869, s. 20, a trustee may be made personally liable for costs. Pitts v. La Fontaine, 8

and charging interest on such rosts:-Held, that such an assent was not binding in equity. Daniell v. Sinclair, 50

NATAL. See Crown, Officer of.

NEW SOUTH WALES-crown lands: conditional purchase: forfeiture: sale by auction]-The Waste Lands Act, 1861 (New South Wales), by section 13 enacts "that any person may tender to the land agent of the district a written application for conditional purchase of waste lands, and pay a deposit, and that if no other like application and deposit for the same land be tendered at the same time such person shall be declared the purchaser." Section 18 prescribes the conditions of purchase, and enacts that on default of compliance with the requirements of the section the land shall revert to the Crown and be liable to be sold by auction. The conditional purchaser of waste land under the Act having failed in the performance of the conditions, the appellant tendered for the land and was declared to be the conditional purchaser:-Held, that the appellant could not be accepted as such purchaser, and that the lands must be sold by public auction. Blackburn v. Flavelle, 58

used as a public road, and the user continued after the passing of the Act:-Held, that there was evidence of a dedication by the Crown prior to the Act, and that such evidence was fortified by the user continuing after the passing of the Act. Turner v. Walsh, 55

ROMAN DUTCH LAW. See Marriage.

SHAREHOLDERS. See Company.

SLANDER. See Windward Islands.

TAXATION-Canada: New Brunswick: assessment act (31 Vict. c. 36), s. 4: construction: income: balance of gain]-The St. John's New Brunswick Assessment Act, by section 4, provides that the agent of any joint-stock company established out of the province who shall carry on business within the city of St. John's for any such company shall be assessed upon the amount of income" derived by him for the same as such agent:-Held, that "income means the balance of gain over loss in any financial year. Lawless v. Sullivan, 33

WASTE LANDS-sale of. See New South Wales.

WILL-New South Wales: "shall be born": construction]-A testator devised his real estate to the use of his grandsons for life, as tenants in common, with remainder to their respective sons in tail male, with a proviso "that if any

person whom I have made tenant in tail male of my said estate shall be born in my lifetime, then and in such case I revoke the devise so made to him. In lieu thereof I give and devise the hereditaments comprised in such devise and appointment to the use of the same person respectively for the term of his or her natural life, and, after his or her decease, to the use of his or her first and every other son successively, according to their respective seniorities in tail male"-Held, that the words "shall be born" referred to a tenant in tail born after the date of the will, and that the son of a grandson living at that date took an estate tail under the will. Gibbons v. Gibbons, 45

WINDWARD ISLANDS-slander: innuendo: prefatory statement: doubtful meaning: opinion of witness: question for the jury]-In an action of slander, if the declaration contain innuendoes, a plaintiff cannot substitute for them a prefatory averment in the same declaration imputing motives to the defendant. If words complained of have two meanings, one imputing suspicion, and the other guilt, the question in which sense the words were used is for the jury, and a witness to whom the words were addressed cannot be asked in what sense he understood them. Simmons v. Mitchell, 11

Adair's Patent, In re, 68

Attorney-General of British Honduras v. Bristowe, 15

Aronegary v. Sambonade, 28

Bateman v. Service, 41

Blackburn v. Flavelle, 58

Bristowe; Attorney-General of British Honduras,

v., 15

Clark v. Elphinstone, 22

Daniell v. Sinclair, 50 Elphinstone; Clark, v., 22 Flavelle; Blackburn, v., 58 Gibbons v. Gibbons, 45 Hutchinson; Palmer, v., 62 In re Adair's Patent, 68 Napier's Patent, 40

La Fontaine; Pitts, v., 8
Lawless v. Sullivan, 33
Mitchell; Simmons, v., 11

Napier's Patent, In re, 40

Oriental Bank Corporation v. Wright, 1

Palmer v. Hutchinson, 62

Pitts v. La Fontaine, 8

Sambonade; Aronegary, v., 28

Service; Bateman, v., 41

Simmons v. Mitchell, 11

Sinclair; Daniell, v., 50

Sullivan; Lawless, v., 33

Turner v. Walsh, 55

Walsh; Turner, v., 55

Wright; Oriental Bank Corporation, v., 1