graph 4, that, the plaintiff relying
upon the said promise permitted the
defendant to debauch and carnally
know her, whereby the defendant in-
fected her with a venereal disease." It
then alleged a breach of the said prom-
ise. An order having been made at
chambers, to strike out paragraph 4 of
the claim:

Held, reversing the decision of the
Common Pleas Division, that the order
was wrongly made, and upon two
grounds; first, that the facts alleged in
the paragraph complained of, were
"material facts" within the meaning
of Order XIX, rule 4, and as such were
properly pleadable; and secondly, that,
even if they were not, the court had no
power to strike the paragraph out, the
statements therein neither being scan-
dalous nor tending to prejudice or em-
barrass the fair trial of the action
within the meaning of Order xxvii,
rule 1. Millington v. Loring.

556

BILL OF LADING.

See ADMIRALTY, 164.
TITLE, 211.

BROKERS.

See ILLEGAL AGREEMENTS, 117, 128 nole.
PRINCIPAL AND AGENT, 371.

BILLS OF SALE.

See CHATTEL MORTGAGES.

BONA FIDE.

See TITLE, 296, 298 note.

BREACH.

See FORFEITURE, 472.

BREACH OF PROMISE.

1. A statement of claim, after alleging a
promise by the defendant to marry the
plaintiff, went on to allege in para-

BURIAL.

1. By 48 Geo. 3, c. 75, s. 1, the overseers
of parishes throughout England in
which any dead human bodies shall be
found thrown in or cast on shore from

the sea, by wreck or otherwise, are
required to cause such bodies to be
buried, and by s. 5, the overseers are
to be reimbursed such expenses by the
county treasurer.

A steamship was sunk by collision in
the river Thames, near Woolwich, at a
place below low water mark, and a
number of persons on board were

drowned. Some of the bodies were
found ashore within the boundaries of
Woolwich in Kent, and were buried by
the overseers. The river Thames, at
Woolwich and at the places where the
bodies were found ashore, is a navigable
tidal river where great ships go:

Held, that the county treasurer could
not be made liable for the expenses in-
curred by the overseers, for the bodies
were not cast on shore "from the sea

"

1. A package of goods was delivered to
the Great Western Railway Company
and another to the London and North
Western Railway Company for carriage
to the station of the former company
at W., both packages being addressed
to the plaintiff to be left till called
for." One of the packages arrived at
W. on the 24th of March, the other
on the 25th. On their arrival they
were placed in the station warehouse
to await their being called for. The
defendants did not know the address of
the plaintiff, who travelled about the
country with drapery goods. The
goods had not been called for when, on
the morning of the 27th of March, a
fire having accidentally broken out,
the warehouse was burned down and
the goods were consumed by fire. The
plaintiff on the same day after the fire
called for the goods, and, not receiving
them, brought actions against the de-
fendant companies as common carriers
to recover their value:

Held, that, after the interval of time
which the plaintiff had suffered to
elapse since the arrival of the goods,
the liability of the defendants as com-
mon carriers in respect of the goods
had ceased, and they had become mere
warehousemen of them, and conse-

2.

quently that the actions were not
maintainable in the absence of any evi-
dence of negligence on the part of the
defendants. Chapman v. Great West-
ern, etc.
290, 295 note,

Goods having been shipped for Len-
don consigned to C. & Co., the captain
signed a set of three bills of lading,
marked "first," "second," and "third,"
respectively making the goods deliver-
able to C. & Co. or their assigns,
freight payable in London, the one of
the bills being accomplished, the rest
to stand void." During the voyage C.
& Co. indorsed the bill of lading
marked "first" to the plaintiffs for
valuable consideration. Upon the ar-
rival of the ship at London, C. & Co.
entered the goods consigned to them,
and they were landed and placed in the
custody of the defendants in their
warehouses; the captain lodging with
the defendants notice under the Mer-
chant Shipping Act, 1862, to detain the
cargo until the freight should be paid.
C. & Co. then produced to and lodged
with the defendants the "second" of
the bills of lading. The defendants
accordingly entered C. & Co. in their
books as enterers, importers, and pro-
prietors of the goods and, the stop for
freight being afterwards removed, they
delivered the goods to various persons
upon delivery orders signed by C. &
Co.:

Held, by Bramwell and Baggallay,
L.JJ. (Brett, L.J.. dissenting), that the
defendants had not been guilty of a
conversion, and that no action could
be maintained against them by the
plaintiffs. Glyn v. East, etc. 671,
700 note.
See NEGLIGENCE, 769, 775 note.
RAILWAYS, 385, 394 note.

documents and answers of witnesses
with regard to the contents of such
documents were received by the com-
missioners in evidence on behalf of the
plaintiff, without objection on the part
of the defendant who joined in the com-
mission. The copy documents were
appended to the depositions and re-
turned by the commissioners :

Held, that the secondary evidence of
the documents having been taken un-
der the commission, without objection
on the part of the defendant, was re-
ceivable before an arbitrator to whom
the action was referred, and that it was
too late then to take objection on the
ground that the original documents
were not produced. Robinson v. Davies.
149, 151 note.

CONDITIONAL SALE.
See SALE, 367.

CONSIDERATION.

See LANDLORD AND TENANT, 63.

COPYRIGHT.

1. The act 5 & 6 Vict. c. 45 (which by
s. 20 incorporates 3 & 4 Wm. 4, c. 15,
and extends its provisions to musical
compositions), confers an exclusive
right to the performance of musical
compositions published within
years before the passing of the act.

2.

ten

Within ten years before the passing
of 5 & 6 Vict. c. 45, C. set to music
two songs, and in 1843, after the pass-
ing of that statute, he by deed assigned
to D. and M. his "copyright" in the
two musical compositions, together
with all property" and "benefit"
therein. The interest of D. and M. in
the musical compositions afterwards
vested in H. and R. In 1878 C. pur-
ported to assign to A. "the sole liberty
of performing or singing, or causing
or permitting to be performed or sung,"
the musical compositions. A. there-
upon caused entries to be made in the
register at Stationers' Hall, represent-
ing him to be the sole proprietor of
the liberty of performing the musical
compositions:

Held, upon motion by H. and R., that
the entries must be expunged; for C.,
by the deed made in 1843, had granted
the sole liberty of performing the mu-
sical compositions to D. and M., and
therefore could not in 1878 grant it
to A. Matter of Hutchins.

35

CONSPIRACY.

See MASTER AND SERVANT, 649, 659 note.

CONTAGIOUS DISEASES.

See HEALTH, 331.

CONTRACTS.

See AGREEMENTS.

CONVERSION.

See CARRIERS, 671, 700 note.

CORPORATIONS.

1. An act of Parliament authorized
trustees to establish a ferry and make
certain highways in connection there-
with. The trustees were also empow-
ered to take tolls, out of the proceeds
of which the ferry and roads were to
be maintained. No limit of time was
specified by the act for the expiration
of the trust. The act also provided
that, in case the works thereby au-
thorized should not be executed within
the space of ten years, all the powers
and authorities thereby given should
cease and determine, save only as to
so much of the work as should have
been completed within that time.

The trustees established the ferry
and made all the roads specified in the
act but one. The funds arising from