THE

JOURNAL AND RECORD

OF

THE LAW AND THE LAWYERS.

FROM MAY TO OCTOBER 1878.

VOLUME LV.

LONDON:

PUBLISHED AT THE OFFICE OF THE
WELLINGTON STREET, STRAND, W.C.

1873.

LAW TIMES,

INDEX TO

[The Law Times, Dec. 13, 1873.]

NOTES OF THE WEEK.

Accidental Death Insurance Company (Allin's Case),
164

Albert Average Association, re (Muirhead and
Parke's case), 219
Allen v. Allen, 201
Allen v. Allen, 220

Allison v. The British Marine Insurance Company,
103

Allott, ex parte; re Charles, 273
Anderson's Trusts, re, 119
Andrews v. Salt, 26

Anglo-Moravian Hungarian Junction Railway Com-
pany, re; ex parte Forbes, 219

Anglo-Moravian Hungarian Junction Railway Com-
pany, re The; ex parte Dent, 219
Annett v. Annett and Gautier, 105

Askew v. Woodhead; Rowley v. Woodhead, 182
Atkinson, ex parte; re Butlin, 9

Attorney-General, The, v. The Mayor and Corpo-
ration of Sunderland, 238

Attorney, re an, 102

Bank of Hindustan, China, and Japan, re The Erskine v. Adeane, 137

Austin v. Daines, 81

Ayerst v. Jenkins, 202

Aylwin's Trusts, re, 203

(Corfield's case), 290

Baylis v. Lintott, 46

Belaney v. Ffrench, 79, 182

Berger, re, 257

son, 29

Berry v. Gibbons, 117

Evans v. Davis, 103

Everingham v. Ivatt, 139

Eyles, ex parte; re Henry Edwards, 10

Eynon, In the Goods of, 139

Jones v. Cooper, 28

Jones, ex parte; re Jones, 140
Jones v. Pickering, 122

Kellock v. Enthoven, 102

King's Leasehold Estates; re, 255

Lacey v. Hill; Leney v. Hill (Scrimgeour's claim), 183

Land Credit Company of Ireland, re The (Weikersheim's case), 5

Bermondsey, The, Vestry of the Parish of v. John- Fisher v. The Liverpool Marine Insurance Com-Langdale, Lady v. Briggs; ex parte Lady Charlotte Berridge v. Gunn, 164

Binney v. Feldtman, 98

Groves v. Carbert, 165

Hammond, ex parte; re Hammond, 220
Hardwicke v. Brown, 29
Harman's case; Pratt's case, 167

Cator v. The Great Western Insurance Company, Harris v. Nickerson, 7

Chellew v. Martin, 27

Clark v. Chapple, 164

Clark v. School Board for London, 119

Clegg's case, 221

Clift, In the Goods of, 122

Cobb, ex parte; re Sedley, 163

Cockayne, ex parte; re Cockayne, 140

Conning, ex parte; re Steel, 185

Cook v. Montague, 7

Cooper v. Cooper, 255

Cooper v. Macdonald, 99

Coote v. Whittington, 202

Cope v. Earl De-La-Warr, 183, 271

Corkling v. Massey, 29

Harriss v. Fawcett, 98
Hart v. Herwig, 6

Hartland v. Murrell, 164

Lewis v. Pedrick and another, 165
Linsley, ex parte; re Harper, 257
Lisle v. Edwards, 236

Llanelly Railway and Dock Company, The, v. The
London and North-Western Railway Company,

218

Llansamlet Tin Plate Company, ex parte The; re
Voss, 78

London and County Bank ex parte, The; re Brown;
ex parte Trickett; re Brown, 220

Marchant v. The Lee Conservancy Board, 138
Market Harborough and Brampton Turnpike Trus-
tees v.
Highway Board of Kettering District, 28
Market Harborough and Brampton Turnpike Trus-
tees v. Market Harborough Highway District
Board, 80

Marshall v. Smith, 8

Matlock Old Bath Hydropathic Company (Limited),

re The (Maynard's case), 256

Matlock Old Bath Hydropathic Company (Limited),

re The (Whatcroft's case), 256

Matthews v. Baxter, 104

May v. Watney, 104

McKewan v. Sanderson, 202

Meacham v. Cooper, 99

Melhado v. Hamilton, 45

Melhado v. Lord Claud Hamilton, 236

Merchant Shipping Company (Limited), The v. Ar

mitage, 21

Mersey Docks and Harbour Board v. Overseers of
Birkenhead, 120

Middlemas v. Wilson, 119

Middleton v. Windross, 101

Midland Railway Company v. Great Western Rail

way Company, 6

Miller v. Crockett, 26

Mills r. Scott, 121

ex Montague v. Flockton, 27

Moore v. Elliott, 290

Mordue v. The Dean and Chapter of Durham, 8

Morel, Byrne, 28

Morley v. White, 100, 201

Morris, G., In the Goods of, 48

Moseley v. Simpson, 100

Pearson v. The Union Marine Insurance Company, Simpson and Wife v. London General Omnibus Wanstead Local Board of Health v. Wooster, 81

Smith, ex parte, re Pilling; ex parte Ogle, re Pilling, Warriner v. Rogers, 120

Tavarone Mining Company (Limited), re The Wolverhampton and Walsall Railway Company, (Pritchard's case), 80, 218.

Winding-up-Fully paid-up shares, 218
Winding-up-Fully paid-up shares-Liability
of subscribers, 219

Winding-up-Invalid amalgamation-Payment
for shares by allottee-Recovery of money
from the liquidator, 101
Winding-up-Past member-Contributory—
Discharge of debts, 272
Winding-up- Qualification as director-Lia-
bility, 219

Winding-up-Subscriber of memorandum of
association-Contributory, 256
Winding-up Subscribing member

Subse

quent allotment of fully paid-up shares, 256 Composition-Agreement for composition payable by instalments-Action by creditor before instalment due, 8, 9 Composition-Application to set aside-Alleged fraud-Delay, 257 Composition-Default of tender-Costs in action at law-Proveable debt-Right of creditor, 118 Composition-Fraud-Examination of debtor, 140 Composition-Sale of debt-Vote by purchaser in favour of composition, 163

Compromise of suit-Authority of court to bind a person not a party to the compromise, 137 Compulsory reference-Power of the court, 29 Confirmation of Sales Act-No contract at date of petition Service of petition on remaindermen, 79 Contagious Diseases (Animals) Act 1870-Local authority-How to sue-Liability of innocent owner of affected cattle-Power of County Court judge to amend, 121

Contagious Diseases (Animals) Act, 1869-Notice to a police-constable-Onus of proof-Penalty,

120

Contempt of court-Reflecting upon procedure of
court in pending cause, 99

Contempt Subsequent filing of answer-Dismissal
of bill for want of prosecution, 163
Contingent will, 30

Contract-Action for breach of-Nudum
Mutuality, 47

Contract-Agreement as to time, 29

Ejectment-Copyholds-Tenant in fee admitted-LIQUIDATION (continued):

Claim by lord for admittances of trustee of a
term, 139

Exceptions, bill of-Unsealed- Death of judge-
New trial-Delay in moving for, 81
Executor-Liability of-Payment to solicitor-Loss
to estate, 79

Extradition Act-Complicity in fraudulent bank-
ruptcy-Crime before the Act, 80
Extradition Act 1870, The-Jurisdiction of magis-
trate-Reviewing decision of, 138

Flood of river over adjacent land-Liability of
owner of river bed-Gradual growth of weeds,
and stilting up, 101

Foreign contract-Agreement to sell ship-Jurisdic-
tion, 6

Frauds, Statute of Sale of real property-Agree-
ment or memorandum thereof Letter of defen-
dant's attorney, 104

Gift of money-Acceptance as a loan-Promissory
note, 163

Guarantee Continuing-False representation, 165
Highway-Right to fill up ditches-Local Board of
Health, 28

Lis

Signing of resolution by creditors after, but before filing registration, 163

Stamp duty, 257

Surplus assets-Estimated amount of assets distributable-Stamp duty, 140

Unliquidated debt-Creditor's right to vote, 290 pendens-Registration-Administration decreeAssets pledged by executrix, 117

Local board-Power to make bye-laws-Unreason-
ableness, 81

Lord Mayor's Court-Appeal from-Jurisdiction of
Common Pleas, 8
Lord of manor-Right of shooting and fishing over
waste, 203

Lunacy-Person interested under lunatic's will-
Protection of lunatic's estate-Right to attend pro-
ceedings, 118

Lunatic partner-Ex parte motion for receiver, 119

Manager of a theatre-Breach of contract-Agree-
ment containing no negative clause, 27
Mandamus to take up award-Liability of defen-
dants, 46

Marine insurance-Chartered freight-Abandon-
ment, 26

Marine insurance-Damage by sea water to part of cargo-Effect on sale-Suspicion of buyers, 204

Infant ward of court-Testamentary guardian-Marine insurance-Fire policy-Removal of ship to
Father's legal right-Religion of father, 26
Insurance Company-Agreement to purchase-Can-
cellation of claim by policy-holder, 165
Interment Acts-Public and private burial ground,

119

Interpleader-Appearance of claimant merely to
disclaim-Appearance to litigate-Costs, 46
Interpleader · Possession of goods by agent of
trustee-Interest, 8

Interrogatories served but not filed-Leave to file
interrogatories, 272

Intestacy Married woman separated from her hus-
band-Covenant by husband not to apply for
grant of administration-Refusal of court to pass
over the husband, 122

Judge's order-Signature to-Whether stamped
signature sufficient-Order remitting cause for
trial to County Court-Discretion of judge, 184
Judicial separation-Alimony pendente lite, 105
Judicial separation-permanent alimony and main-
tenance of children to the amount of half the
joint income, 122

Judicial separation-Right of wife to sue for a
divorce, 220

Judicial separation, suit for-Wife's costs, 105
pactum-Justices, appeal from-Costs of hearing summons-
Delay in application, 7

Contract-Breach by party seeking relief-Injunction, 44

Contract by correspondence-Letters crossing in the
post, 61

Contract-Offer-Acceptance with added term, 165
Contract of Sale-Clean bill of lading-Payment,

121

Contract-Time of completion-Delivery "during
the next two months," 82
Conversion-Disposition of rents before conversion
completed, 26

Conveyance-Absolute, or by way of mortgage, 237
Corporation-Special Act-Power to take land for
particular purpose-Right to sell land-Injunc-
tion, 238

Costs-Attorney and client-Bargain between, 46 Costs-Consultation fees to counsel-Taxation by master, 121

Costs-Declaration founded on contract-Taxation by master, 46

Costs-Incapacity to instruct attorney-Ratification,

81

Landlord and tenant-Agreement not to give notice
to quit, 255
Landlord and tenant-Compensation for loss by
game
Parol variation of

-

Noxious shrubs

written agreement, 137
Lands Clauses Act-Lands taken by different Com-
panies-Payment out of court-Costs, 237
Lands Clauses Consolidation Act 1845-Trustees
with power of sale-Payment out of court-
"Absolutely entitled," 137

Leaseholds under Dean and Chapter-Raising pur-
chase money, 6

Lease of land on sea shore-Right of lessor, 164
Lease Reservation of mining rights-Compensa-
tion for damage-Mode of assessment, 8
Letters patent- Novelty-Infringement-Injunc-
tion, 98

Libel-Criminal charges — Justification- General
plea of, 7
Libel-General plea of justification-Interrogatories
by defendant before delivery-Particulars of plea,
138
Libel-Newspaper proprietor-Depreciatory com-
ments on a newspaper-Query if a libel on the
proprietor, 30

Licensing Act-Sale of intoxicating liquors on Sun-
day-Bona fide travellers-Onus of proof, 81
Licensing Act 1872, The Conviction before ex-
piration of previous licence-Right acquired, 28
Licensing-Refusal to renew lapsed licence-Dis-
cretion of justices, 102
Licensing-Selling beer at a booth-Non-necessity
of special licence for that purpose, 102
Light and air-Easement by grant-Lessor and
lessee, 99

Damages, Reference of-Usual terms as to costs-
Arbitrator's discretion over costs of reference, 28 Light and air-Elementary Education Act-Injunc-
Debtors' Act, 1864-Ne exeat regno-Writ of arrest, tion, 119
and imprisonment of debtor before judgment-Line of buildings-Metropolitan Building Act, 29
Discharge from custody after final judgment LIQUIDATION:
signed, 166

Deed-Suit to set aside-Fraud-Undue influence 137

Directors of bank-Fraud-Breach of trust-Per sonal liability, 272

Discovery-Licensees of patents-Royalties, 237 Distress by landlord-Injunction-Receiver-Duties of, 10

Divorce Suit for dissolution-Leave to file supplementary petition without re-service refused, 105 Documents-Production of-Solicitors discharged by client-Lien, 79

Appeal from County Court-Fraudulent debtor,

79

Joint trading by two firms-Joint creditors-
Bill holders, 236

Order of discharge-Subsequently acquired pro-
perty, 236

dry dock-Loss by fire thereat, 166
Marine insurance-Prepayment of freight-Insur-
ance of remainder-General policy, 103
Marine policy-Terrene risk-Restraint of princes
-Besieged town-Total loss, 103
Married woman-Application to compel company
to register shares to her separate use, 7
Married woman deserted by her husband-Pay-
ment out to her as a feme sole, of a fund to which
she became absolutely entitled in possession
during the coverture, 45

Married woman living apart from her husband-
Agreement to charge reversionary life interest-
Repudiation of agreement, 79

Master and servant-Discharge for incompetency-
Payment under contract--Liability of master for
remainder of term, 6

Master and servant-Negligence-Servant acting
within the scope of his employment, 203
Master-Liability for wilful conduct of servants, 166
Matrimonial suit-Allowance to wife under deed of
separation-Alimony pendente lite refused, 139
Matrimonial suit by the husband-No evidence
against co-respondents-Motion to dismiss them
from the suit-Rufusal to dismiss one who ob
jected, 140

Mayor's Court-Leave to move-Time, 104
Mortgagee, refusal by, to set out accounts-Excep-
tion, 183

Mortgage-Non-registration-Bills of Sale Act, 255
Mortgagor and mortgagee-Sale under power-
Action on covenant to repay-Equitable plea, 7
Municipal corporation-Application of borough
funds, 28

Municipal election-Breach of duty at-Action
against presiding officer, 122

Municipal election-Town councillor-Composition
under Bankruptcy Act, 1869-Resignation-Va-
cant office, 29

Negligence Action against company-Death-Mea-
sure of damages-Evidence, 184
Negligence-Death by-Action by executrix of
deceased for compensation-Measure of damages, 61
Negligence-Personal injuries-Assessment of dam-
ages, 82
New trustees of a will, so far as relates to a par-
ticular legacy, Appointment of, 119
Nuisance-Highway-Cellar shoot-Cover-Acci-
dent to passenger-Liability of owner of premises,
29

Parliament, Bill before-Withdrawal of bill as to
part of undertaking-Payment out of parlia-
mentary deposit, 120
Partition Act 1868-Interests of married women, 236
Partition Act 1868-Sale, 165, 220
Partition-Costs out of estate, 99
Partition suit-Sale, 44

Partnership debts-Separate account-Notice, 165
Partnership-Suit for dissolution-Motion to stay
proceedings-Arbitration, 273

Party wall-Windows in party wall-Injunction, 290
Patent-Infringement-Action for-Inquiry be-
fore master, 8

Patent-Infringement of-Date of patent-Opera-
tion of--The Patent Laws Amendment Act 1852,
139
Patent suit-Common issues-Trial by jury, 118
Paving new streets-Apportionment of expense
between owners-Present and future owners-
Liability of, 62

Pedlar-Missionary basket-Licence, 28
Poor-rate-Separate assessment of premises-En-
hanced value by proximity to a losing property,

120.

Petition-Resolution for composition-Regis-
tration of resolution-Mortgage, 274
Resolution for-Joint and separate debts- Portions-Advancement-Satisfaction, 255
No distinction in statement of affairs-In-Post nuptial settlement of wife's chose in action, the
valid resolution, 140
husband being an infant-Disability-Confirma-
Resolutions-Signing by creditors-Delay, 9 tion, 27