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been no such agreement, in that case, entered into between more injury by showing all kinds of baseless reports-a the solicitors and the trustee, as to give the solicitors a mere “hearsay justification,” as plaintiff's counsel well delien, and the trustee, who could not at any time have per- scribed it? It is, of course to be remembered that in sonally made the payment, for he was utterly impecunious, Scott v. Sampson (ubi supra) the Court, though holding and could not resort to the trust estate because he already “general evidence of bad cliaracter” would have been adhad a large sum in his hands which ought to have been missible if the pleadings had raised the question, were of applied in payment of the costs. In in re Blundell, of opinion that evidence of rumours that the plaintiff had done course, the money had been actually applied in discharge of what was charged against him in the libel, or of particular the costs some considerable time anterior to the applica- acts of misconduct, would have been inadmissible. Yet, tion. The next question was what circumstances would even with this limitation, would not the result still be “that make a solicitor liable for funds, so received and applied, a Court of Law would be less dreaded by the worst libellers as a constructive trustee? The judge at once held that a than by their victims?" solicitor to a trustee was under no greater liability to account as a constructive trustee than any other stranger to the trust. To make a stranger to the trust liable as
Brooking v. Maudslay, Son and Field, 38 Ch. D., 636, a constructive trustee for money received by him from the
disposes of an endeavour to extend the jurisdiction in trustee which he knows to be part of the trust estate, he
Equity. The plaintiff admitted that the policy of assurmust have brought home to him facts which show that the
ance, which was the subject matter of the action, was not fund is being applied in a manner inconsistent with the liable to be avoided for fraud or misrepresentation; in which trust; and to debar a solicitor from accepting payment out
case the jurisdiction of Equity to direct delivery up and of the trust estate, you must bring home to him that at the
cancellation was admitted by the parties and affirmed by time of accepting payment the trustee had been guilty of
the judge ; but the plaintiff claimed in the alternative a desuch a breach of trust (e.g. previous sale of part of trust
claration that the policy was not binding on himself and estate for purpose of paying costs, trustee keeping proceeds
the other underwriters on whose behalf he sued, and that himself) as to preclude him altogether from resorting to
they were discharged from all liability for loss on the trust estate for payment of any of those costs; and that in
voyage, and an injunction restraining defendants from taking fact such an application was a breach of trust.
any proceedings on the policy. The defendants were shippers, who had innocently effected a policy of marine
insurance on certain machinery on board a ship which, In Stewart v. Fletcher, 38 Ch.D., 627, Chitty (J.) settled
unknown to them, went to sea in an unseaworthy condition ; the form of order for payment of dividends to a married they admitted there was a good legal defence to any action woman entitled during her life to the income of a trust fund they might bring on the policy; had not threatened legal for her separate use without power of anticipation and proceedings, but would not undertake not to bring any ; without any gift over. The lady was going to India.
and alleged it was the practice of underwriters, who may “Carry over Reduced Annuities (£818 gs. 3d.). Pay
have a good legal defence to an action on a policy founded the dividends as they accrue, during the life of Marian
on the vessel's unseaworthiness, to pay insurers who are Stewart, on annuities carried over until further orders. The
innocent shippers. Stirling (J.), after saying that the real said Marian Stewart being restrained from anticipating such
issue was one for a Court of honour, pointed out that, prior dividends during her coverture, they are not to be paid to
to the Judicature Acts, a plaintiff coming into Equity to any attorney, except upon an affidavit or statutory declara
restrain proceedings at law, was bound to show some equittion by such attorney that he receives them on behalf and
able ground for relief, and could not come to a Court of for the use of the said Marian Stewart, and not of any
Equity to restrain proceedings at law, if he had a good defence other person to whom she has assigned, or purported to
at larv ; that the sole ground for relief urged by plaintiff was assign them.”
that that defence depended on extrinsic facts, the evidence
of which might be lost, for which the appropriate remedy It is to be regretted that the case of Wood v. Earl of would be an action to perpetuate testimony; and he thereDurham, reported 57 L.J.R., Q.B., 547, did not go to the
. Court of Appeal for an authoritative expression of opinion. With regard to Scott v. Sampson, L.R., 8 Q.B.D., 491, that case, it will be remembered, in effect decided that in On Thursday last, Stirling (J.) delivered an important an action for libel, evidence of general reputation may be decision on Sections 16, 51 and 54 of the Public Health used in mitigation of damages, but must, to be admissible, Act, 1875, in Lewis v. Weston-Super-Mare Local Board of be pleaded. The decision proceeded on R.S.C., O. xix., Health. The plaintiff applied for an injunction to restrain rr. 4 & 15; a new rule, viz., O. xxi., r. 4, having been since defendants from carrying a water main through certain passed, but O. xix., Ir. 4 & 15 remaining unrepealed. The freehold lands belonging to him, forming part of the garden libel for which Wood brought his action stated that he was of a house. The questions were, whether it was necessary” in the habit of "pulling" horses belonging to a certain within the meaning of those sections to do so, and, if so, stable. The defendant had pleaded a justification, and whether the condition precedent, that it must appear to be sought leave to amend his defence by stating plaintiff was necessary on the report of the “surveyor," had been commonly reputed to have been in the habit of riding satisfied ? On the first point, his lordship was of opinion horses (generally, and not those only, of a particular stable) that it was for the surveyor and not the Court to determine dishonestly to prevent their winning. Leave to amend by the necessity; that he must, if it were called in question, adding this plea was refused; but neither Manisty (J.) nor satisfy the Court that he had exercised a bonâ fide judgHawkins (J.) based his decision merely on the wideness of ment in the matter; but that if the Court were satisfied of the language of the plea; Manisty (J.) saying that to allow that it would not interfere. Then the question arose the plea only in a limited form, applying only to the par- whether P., who had reported to the Board, was the ticular stable, would be admitting a new state of things. " surveyor " within the provisions of the Act? P. had The Court, however, decided that evidence given under the been assistant surveyor. The surveyor died, and P. plea sought to be added would, if admissible, go only to appointed surveyor until a permanent surveyor should be the question of damages, and that the words, “material appointed, at a proportionate rate of salary to the late facts,” in 0. xix., rr. 4 & 15, mean only such facts as are surveyor, but subject to a week's notice; he was a candimaterial to cause of action or the defence. As it is, Scott v. date for the permanent office, but was not appointed. P.'s Sampson (ubi supra) remains, though somewhat discredited; report had been made four days before the election to the and it is well to draw attention to its practical result.
surveyor was made. Stirling (J.) decided that the action for libel is an action for loss by damage to repu- surveyor” mentioned in Section 16 was the fit and proper tation, and, if the plaintiff had a bad reputation, where is person duly appointed to be surveyor within Section 189; the loss or damage? This may sound very plausible, but, and that P., who had been only assistant surveyor, and in fact, with such a state of things, how many plaintiffs afterwards appointed to discharge the duties of surveyor would not prefer to leave their characters unvindicated from necessary or proper to be discharged during a vacancy in untruthful defamation than prove its untruth by an action the surveyor's office, whatever his personal fitness or in which the defendant would be at liberty to do them far capacity might be, did not satisfy that description. Local
Boards will do well to note this inconvenience of a vacancy hopelessly stumbled. But, as a sort of apologetic comin the office of surveyor.
promise, he eventually adopted the ingenious device of first murdering the pronunciation and then calmly spelling out
the letters of each word he had so outraged. WHERE a Registrar in Bankruptcy has, in the exercise But even an Attorney-General should not be expected to of his discretion, refused to stay, under Section 7 of the wrestle with either the meaning or the sound of such an Bankruptcy Act, 1883, a petition, on the ground that an atrocity as thiggin thu, yet this feat he accomplished most appeal is pending from the judgment against the debtor on successfully; and everybody, including Mr. Justice Day, which the bankruptcy proceedings are based, the Court felt that in doing so, and in translating it into the classical will not overrule his refusal and go behind the judgment, phrase, “ Do you twig?" he had fully redeemed his honour unless it be shown that the discretion has been wrongly and reputation for whatever verbal butcheries he had exercised. Fraud, collusion, or miscarriage should in such perpetrated previously. a case be shown to induce the Court to interfere. Such
The dreary monotony of the proceedings is sometimes is the effect of the recent decision of the Court of Appeal relieved by incidents of this description ; but as regards the in In re Flatau,
Bar, the champion entertainer is Mr. Lockwood, Q.C. It is well known that his marvellous talent as a "lightning
caricaturist” is only equalled by his professional ability, In regard to the vote on the question of fusion of the
and the latitude he allows himself in the former capacity is profession, taken at the Chief Law Society's meeting at New- of the most ample scope. Again and again has the whole castle recently, it is clear that the letter of Mr. C. T.
Bar been convulsed with suppressed laughter at the amusing Saunders, of Birmingham, recently published in The Times, sketches and caricatures which, like a true artist, he proin which Mr. Saunders shows that the vote at Newcastle on
duces with phenomenal rapidity—and that, too, without the question is of no importance whatever, fairly represents allowing the operation of drawing them to in any way the actual position of matters. A professional contemporary “interfere with his present occupation." in its issue of last Saturday seeks to ridicule Mr. Saunders'
Next to Sir Henry James, no one appears to more opinion upon the point, but the feebleness of the argument thoroughly appreciate and enjoy the “artistic merit” of is entirely on the other side, because the views of the Incorporated Law Society upon the question of amalgama- King” himself, as he sits exchanging comments, and not
these little pictorial brochures than does the “Uncrowned tion, which society consists of several thousands of solicitors, infrequently smiles, with Mr. George Lewis, and generally cannot be said to be adequately expressed at a remote pro- making it his business to allow nothing to escape his vincial meeting of the society when the total vote taken
attention. It has been stated that Mr. Parnell has lately only amounts to sixty-one; and of these sixty-one solicitors,
beconie unusually aged and careworn in appearance.
A at least twenty, we should say, though members of the
little carelessness is certainly noticeable about the trimming Newcastle Law Society, were not members of the Chief Law
of his beard and the unkempt condition of his gradually society. It was a trumpery vote, and of no consequence; thinning hair. the members of the Chief Law Society had no notice that such a motion would be brought forward. If notice of
Why he should affect slovenly attire has recently become motion had been given, we understand that several London
a matter of general enquiry. The cut and material of his solicitors would have gone to Newcastle to support Mr.
clothing have certainly not much in common with those of Saunders' views.
the average Parliamentary masher, and the condition and appearance of his hat may best be gathered from the fact that even Mr. Gladstone himself would hardly have the
temerity to wear it in public. But it must not be forgotten SKETCHES IN COURT.
that the crowded condition of the small Court in which the Commission sits is anything but conducive to the preservation of hats, especially as the hordes of professional
reporters who swarm on all sides, and literally trample each Never since the impeachment of Warren Hastings has other under foot, are no great respecters of persons, much any case afforded such an opportunity for a brilliant display less of hats. The head-gear of the Uncrowned may thereof counsels' resources as the present enquiry before the
fore have shared the squelched or telescoped fate of many Royal Commissioners. Of course, the very magnitude of others. what will probably prove to be one of the most important and chide and fight about their seating
, and when it
But when learned members of the Bar actually fall out State Trials on record is such as would naturally deter an
requires the united efforts of two Ex-Attorney-Generals to experienced advocate from putting forth his best efforts at pacify them and apportion a limited number of square the earliest stage of what are destined to be very lengthy inches to each, who shall blame the mere reporters? Better proceedings.
behaviour might have been expected from the "gods" in The Attorney-General's style strangely contrasts with the the improvised gallery, for they were truly, for the most stirring scenes he is depicting. At one moment he is deep part, on the opening day, a distinguished company. But in the dark deeds and bogs of Galway, or assailing the bona
even there signs of mutual discontent were not entirely fides of that amazonian brigade, the “ Ladies' Land League." wanting. In fact, the extensive and ruthless character of
the evictions carried out on Monday within the precincts of Then he is in New York, struggling with the intricacies of the Probate Court was strongly suggestive of Woodford the Clan-na-Gael, and the peculiar habits and names of itself. those folk. Anon, at the President's request, he returns to It is said by those who know, that the wife of James Galway and to the thread of his discourse.
Carey, who turned Queen's evidence on the trial of the Meantime, his colleague, Mr. Murphy, Q.C., is inde
Phænix Park murders, and was subsequently shot, will give fatigable in his endeavours to keep his distinguished leader
evidence at the Commission. At any rate, it is known that
much of The Times' information came from this source. It right as to the queer names that occur from time to time.
is a pity that Carey himself is no longer alive, or we should But, strange to say, Mr. Murphy is of little or no avail in have had perhaps some startling disclosures. suggesting the proper pronunciation of such Celtic jaw- Subscribers to PUMP COURT will remember our remarks breakers as Sir Richard abandons in despair. Even Mr. about the Land League accounts, and they will acknowAtkinson—a silk whom one would have thought was ex- ledge our prescience by the light of the first serious struggle pressly imported from the Irish bar for the special purpose
which took place before the Commission yesterday, in
respect of the inspection of the books of the Hibernian of meeting such emergencies—is strictly relegated to the
Bank, the National Bank, and the Munster and Leinster laborious drudgery of "taking a note" merely. There
Banks, in reference to their accounts with the National was something peculiarly pathetic in Sir Richard's appeal League ; and Sir James Hannen at once gave the key-note to those about him to correct his pronunciation of the which we have so long been striking, as to the purposes of sesquipedalian names over which he so persistently and the Commission. Sir James said: "We want to get possession of these books; we don't want an academical argu- the precise effect of, through their medium. Digests we ment on the subject.” This in reply to Sir Walter have, useful in their way, but however carefully compiled, Phillimore, Q.C., who now appears for the Hibernian and however numerous the cross references may be, they Bank, while Mr. Wheeler, Q.C., appears for the National undoubtedly fall far short of what is required. Statute law, Bank.
to begin with, is not as difficult to quarry in. The Chrono
logical Index to the Statutes in the first place, and the CASE-LAW
revised edition of them in the second, reduce that labour considerably. Numerous as they are, the volumes con
taining them are not a hundredth part of the tomes conIn a century which has seen so many fictions rudely taining decisions not regarded as inauthoritative. Yet a relegated to the province of legal history, how is it that the new edition of the Statutes revised will soon be forthcoming ; fiction, obvious and acknowledged, that judges only de. but no step is taken to simplify and systematise the vast clare existing law, still holds its ground? To investi- concrete bulk of our judiciary law, and extract the rationes gate fully the causes would be too long a labour : one decidendi. Private enterprise has done much towards that reason, however, of the continuance is undoubtedly this, consummation devoutly to be wished_codification. But it that our judges in many cases do declare the law, though is still afar off. For much of the chaos of our case-law, in many others they add to the already heavy mental load order, and light might be substituted by the appointment of legal learning. The process resembles nothing so much of a commission to ascertain and condense. Such a comas accretion, and, of course from a legal point of view, mission need not have power even to reject anomalies or to stream-added additions, insensibly increasing day by day choose between irreconcileable decisions. If the law were the adjacent land, belong also to its proprietor. Nor do all known many of the difficulties now felt would vanish, we desire to complain that the law is not in a stationary and many instances of " inelegantia” need only to be made condition. The wants of a community, not cursed by clear for amendment to follow. The permanency of such a Chinese civilisation, but steadily progressing, are not the commission would require consideration. But until some same yesterday and to-day, and we trust will not be the means are employed, the question arises how to reduce the same to-morrow. Varying wants, and perhaps we may say, judiciary law of the year to cognoscible bulk, and to ima higher ethical standard, necessitate continual changes in press its results on the minds of those of the professionlaw. By what instrumentality is it to be brought into perhaps a majority-too busy to do more than hurriedly read harmony with altered and altering conditions ? Strongly the reported cases, even if they have time for that. With marked changes with us are, in the main, effected by the that end in view we have given shortly the effect of some instrumentality of an enactment; but the machinery of a of the more important decisions reported in the Law statute is too cumbrous for the modifications commonly Reports from January to August. The more recent deintroduced by "judge-made," or, to borrow Austin's phrase, cisions we have dealt with at greater length by way of com“judiciary law.” Nay more, the lawyer as a rule, what- ment elsewhere in these pages. In re Burdett, Ex parte ever the evils of the latter may be, prefers it to statutes Byrne, 20 Q. B. D. 310, where a bill of sale is invalidated distinguished by their length, the bad draughtsmanship of as to personal chattels comprised in it, by non-compliance their sections, or the hasty and ill-considered alterations, with the requirements of the Acts, it remains valid as to whereby the original handiwork of the draughtsman other property comprised in it where the security upon the has been marred in committee ; evils remediable no doubt, different subject-matter is severable. In Duke of Devonbut hardly likely to be remedied. Perhaps it would be shire v. Pattinson, 20 Q. B. D. 263, we have the language of better if the de facto legislative power of the judges were a conveyance of riparian land which would primâ facie pass exercised directly and avowedly with us, as it was in Rome, the bed of the river neque ad medium filum, explained be and if judiciary law emanated from our Courts openly, in acts of user of the grantees and proof of surrounding the form of general provisions or principles, rather than in circumstances, and that presumption rebutted. In the shape of case-law. On the evils of all judiciary law, Crampton and Company v. Ridley and Company, ibid however, we do not propose to dwell. They have been 48, we have an opinion expressed by A. L. Smith (J.), pointed out by Austin and later writers, not always, no that where there is an agreement to refer to mercantily doubt, in entire accord with his criticisms. But if, as we arbitrators and an umpire, there is an implied conbelieve, judiciary law is not to be superseded by statute tract by the parties referring to pay them reasonable law, it becomes important to consider how far the evils remuneration for their services. In re Gardiner, Ex which mark our own system are inseparable or capable of parte Coulson, ibid. 249, a married woman not trading remedy. As it is, case follows case in quick succession : separately from her husband is not subject to the is every case lucid ? is not each voluminous ? What is the Bankruptcy Laws, though possessed of separate estate. precise effect of each decision, imbedded in all the peculiar London Founders' Association Limited v. Clarke, ibid. 576, facts by which the case may have been characterised? Is in a contract for sale of shares on the Stock Exchange; a new principle embodied in it, more or less obscurely; and there is no implied undertaking by vendor that Company how long will it remain undiscovered in respect of all or will register transferee, and it Company refuse to do so, any of its, perhaps, far-reaching consequences? Will it be acting under discretion reserved to them by the articles, doubted and followed, or doubted and distinguished, ap- transferee can't recover the price paid from vendor. proved and followed, or approved and distinguished, or Eaton v. Lake, ibid. 378, performances of a musical commerely distinguished, and how long will it be before it is position, &c., are contrary to the right of the author, and distinctly over-ruled and its influence cease? Then how action maintainable in the absence of any assignment or many series of reports have we? Which, save the Law consent in writing. Friend v. Shaw, ibid. 374 in Sect. 50 Reports, will be-always and everywhere-accepted as of County Courts Act, 1856, "legal notice to quit" means authentic ? We have only indicated a few of the notice to quit required by law, and not that required by difficulties, and the practical result is well known. Few the contract between landlord and tenant. As to this see solicitors are willing to accept alone the responsibility now the County Courts Act, 1888 (51 and 52 Vict., c. 43, of giving any important piece of advice. If the occasion is s. 138). Reg. v. Buckmaster, ibid. 182, a "welsher" may trivial, too trivial for counsel's fee, his expression of opinion be convicted of larceny by trick. Reg. v. Owen, ibid. 829, is so guarded as to be almost valueless. If the matter be a prisoner may be convicted of common assault on, or in important, a case is laid before counsel to be followed
consequence of evidence received under, Sect. 20 of the by the studied ambiguity of his opinion. This is not Criminal Law Amendment Act, 1885, on a charge of inthe result exclusively of the state of our case-law, but much decent assault, on which he was acquitted, though such of this vagueness and doubt to which we have referred is due
evidence would not be admissible on a charge of common to it and to its remediable evils. The bulk of our judiciary assault alone. Reg. v. Wealand, ibid. 827, a prisoner inlaw and of the volumes in which it has to be sought, in the dicted under Sect. 4 of that Act may be found guilty words of Dunning's celebrated resolution concerning the under Sect. 9 of an indecent assault, though there is no power of the Crown-have increased, are increasing, and sufficient evidence to support the conviction save a child's ought to be diminished. We have text-books to diminish
unsworn evidence receivable only on charges under Sect. 4, the labour of searching for decisions, but text-books are not on which prisoner was acquitted. Hammond
Hammond v. Bussey always reliable or decisions always easy to find, or follow ibid. 79, costs of an action for breach of warranty brought
by subvendees against their vendors, and reasonably de- paid a debt attached before twenty-one days from making of fended by the latter, on notice to the original vendors, the unfiled judge's order, and before an act of bankruptcy on who had sold for resale, the warranty on each sale being which the judgment debtor was adjudicated a bankrupt, in the same terms by the vendors and subvendors, and the the trustee in bankruptcy is entitled to recover from the breach of warranty being discoverable on use only, held to judgment creditor the amount paid to him by the garnishee. be recoverable as damages within the contemplation of the Shrapnal v. Laing, ibid. 334, is an important decision on parties to the original contract at the time of making it, the question of taxation of costs where a defendant raises in a subsequent action by the subvendors against the and succeeds on a counter-claim which could not be original vendors to recover inter alia such costs. Wenn. pleaded by way of set-off, plaintiff succeeding in his claim. hak v. Morgan, ibid. 635, disclosure of a libel by a husband In re Pollard, ibid. 656, a solicitor's bill of costs, charging to his wife is not evidence of publication in an action for for business not transacted in any Court of Law or Equity such libel against the husband by the party libelled. can be ordered to be delivered now by the judges of the Merivale v. Carson, ibid. 275, a newspaper criticism on a Queen's Bench Division (though application for an order matter of public interest, e.g., a stage play, is actionable, if for delivery should be made in the Chancery Division) and in the opinion of a jury it exceeds the limits of fair criti. not merely by the Lord Chancellor and Master of the cism—the case is not one of “privilege," necessitating Rolls, as provided by Sect. 37 of the Solicitors Act, 1843. proof by plaintiff of actual malice. Taylor v. Timson, In re Newbould, ibid. 204, vendor's solicitor, employed to ibid. 671, action may be brought in the temporal Courts conduct business connected with sale of freehold property against a churchwarden for forcibly preventing an inha- by public auction, is, where sale completed, only entitled to bitant from entering church to attend Divine Service. charge the scale fees prescribed by general order of August, Marquis of Abergavenny v. Bishop of Llandaff, ibid. 460, 1882, Schedule 1, Part 1, made under Solicitors' Remuby 1 and 2 Vict., c. 106, s. 104, the Bishop of a Welsh neration Act, 1881; and where auctioneer's commission is diocese can refuse to institute the patron's nominee if paid by client, nothing more for work done in conducting the sale. ignorant of the Welsh language. Reg. v. Archbishop of Reeve v. Berridge, ibid. 523, entering into agreement for purYork, ibid. 740, madamus will not lie to the Archbishop of chase of existing lease does not affect purchaser with conYork to admit to convocation candidate elected to repre- structive notice of all the covenants in it, or, if lease consent an archdeaconry in the Lower House of Convocation tain onerous and unusual covenants, bind him to complete in his province. Pape v. Pape, ibid. 76, discontinuance of unless a fair opportunity of ascertaining their terms was weekly payments agreed to be made under an agreement afforded to him. In re Armstrong, 21 Q.B.D. 264, trustee for separation, and non-performance of the agreement in of married woman (trading separately from her husband consequence of a non-proven charge of adultery, held not and adjudicated bankrupt) in claiming a life estate in real desertion within the Married Women (Maintenance in Case property reserved to her, for her separate use without reof Desertion) Act, 1886 (49 and 50 Vict., c. 52, s. 1). straint on anticipation, by her marriage settlement, is Scott v. Morley, ibid. 120, settles the proper form of judg. not "interfering with or affecting" the settlement within ment against a married woman under Sect. I, subsect. 2 of Sect. 19 of the Married Women's Property Act, 1882, and Married Woman's Property Act, 1882. Wilson v. Glossop, such estate held to pass to him under Sect. 1, subsect. 5 of ibid. 354, wife's adultery is no defence, if connived at by that Act. Grand Junction Canal Company v. Petty, ibid. husband, to an action against him for necessaries supplied 273, a Company may dedicate land, vested in them for public to her while living apart from him. Pine v. Barnes, ibid. purposes, for use as a public footpath, provided the user 221, the penalty imposed by Sect. 9 of the Licensing Act, under such dedication would not be incompatible with the 1874 (37 and 38 Vict., c. 49), is not incurred by sale and purposes for which the locus in quo was vested in them. supply, to a bonâ fide lodger in innkeeper's house, of intoxi- Butler v. Manchester, Sheffield and Lincolnshire Railway, cating liquors consumed during time at which the premises ibid. 207, where passenger travelling by excursion train are directed to be closed, in a private room by lodger and lost half of return ticket, but offered to pay full ordinary lodger's bona fide guests, after a dinner he had given. The fare for distance he had travelled, refusing to pay fare from Queen v. Farrant, ibid. 58, such a substantial interest, station whence train had started, and was forcibly removed, other than pecuniary, in the result of a hearing, as is likely but without unnecessary violence, from railway carriage by to bias the magistrate, is required to disqualify him from defendants' servants : action for assault maintainable against sitting, though a pecuniary interest, however slight, has Company, though contract incorporated conditions rethat effect. The Queen v. Beckley, ibid. 187, Justices of the quiring plaintiff to produce ticket when required, or pay Peace sitting in and acting for the petty sessional division fare from station from which train started; on ground that of a county have jurisdiction to commit for trial on a charge contract did not by implication authorize removal on failure arising in another petty sessional division of the same to comply with the conditions.
Bidder v. Bridges, 37 county. Finlay v. Chirney, ibid. 494, an action for breach Chancery Division, 406, where defendant's solicitor got of promise of marriage, where no special damage is alleged, the costs of an action, dismissed with costs, taxed, but does not survive against the personal representatives of the without including interest thereon, and received and cashed promisor; and such special damage must be to the pro- a cheque for the amount from the plaintiff's solicitor ; perty, not the person of the promisee, and within the con- cheque of plaintiff's solicitor held to be an accord and satis templation of both parties at the date of the promise, and faction of the whole amount due from plaintiil. Garfitt v. action lies for such special damage only. Arrowsmith v. Allen-Allen v. Longstaffe, ibid. 48, back rents of real Lickenson, ibid. 252, the children of a woman by a former estate, received by devisee in possession, and his assigns, husband are liable, when she and the second husband cannot be recovered by legatees, though estate be charged become chargeable to a parish, to maintain her and con- with payment of their legacies and proves insufficient. tribute towards her relief, notwithstanding 4 and 5 Wm. IV., Union Bank v. Munster, ibid. 51, mortgagees, selling c. 76, s. 56, enacts that all relief to a wife shall be con- under Court's direction in foreclosure action, can ensure sidered as given to her husband. Ex parte Alice Woodall, specific performance against a purchaser at a sale by ibid. 832, refusal of Queen's Bench Division to grant a auction, though a fictitious bidding made, without the writ of habeas corpus to a person committed to prison vendor's knowledge, after the purchaser had already exceeded under Sect. 10 of the Extradition Act, 1870, held given in the reserve price, caused him to increase his bid. Lucas v. a criminal matter, so that no appeal would lie to Court of Martin, ibid. 597, where trustee in bankruptcy entered Appeal. Weldon v. Maples and Co., ibid. 331, Court of into scheme of arrangement whereby defendants agreed to Appeal will order security to be given for costs of an purchase bankrupt's assets, and creditors, in the resolution appeal, if primâ facie case, of threatened abuse by appellant accepting it, varied it by adding a clause that defendants of process of the Court be made out. In re Johnson, ibid. 68, should give a bond for payment of the consideration, and the abuse and threatening gestures used in precincts of Court Court approved agreement signed by defendants and anto opposing solicitor in relation to, and after, proceedings nulled the bankruptcy; specific performance of the agree. before a Judge at Chambers, constitute a contempt of Court. ment held not enforceable, on ground that the creditors In re Smith, Ex parte Brown, ibid. 321, where a judge's having varied defendant's proposal the Court had not aporder, made by consent, had not been filed, as required by proved the scheme. Levy v. Abercorris Slate and Slab Debtors Act, 1869, sect. 27, and the order was therefore Company, ibid. 260, an agreemnent to issue debentures on void, save as against the judgment debtor, and a garnishee capital, stock, goods, chattels, &c., held a debenture and
within saving of Sect. 17 of Bills of Sale Act, 1882. Top- house and land in favour of adjacent land, which in effect ham v. Greenside Glazed Fire Brick Company, ibid. 281, authorised building on such adjacent land, so as to obstruct articles excluded by Sect. 5 of the Bills of Sale Act, lights of lessee, held not to operate as a perpetual right to 1878, from definition of "trade machinery" not obstruct access of light to lessee's house, within exception "personal chattels” for any of the purposes of the Act, in Sect. 3 of Prescription Act; and that lessee had, more and an assignment of them need not be registered, even than twenty years having elapsed since grant of lease, a though affixed to the land of a stranger (pursuant to right to an injunction against his light being obstructed. In an easement): Holland v. Dickson, ibid. 609, holders of re Hollingshead- Hollingshead v. Webster, ibid. 651, payment stock and debentures have a right under the Companies of interest on a simple contract debt of testator by devisee Clauses Acts, 1845, sects. 45 and 63, and Companies Clauses for life, keeps the debt unbarred as against all persons Acts, 1863, sect. 28, to inspect the Company's registers, and interested in remainder. Porter v. Porter, ibid. 420, next not merely the names and addresses of holders of stock and friend of person of unsound mind, not so found, may bring debentures, at all reasonable times, without assigning any partition action. Grepe v. Loam, Grepe v. Bulteel, ibid. 168, reason for inspection, and the right is enforceable by injunc- Court of Appeal made an order prohibiting further application restraining interference therewith by Company. Peek tions without leave of the Court, where the same parties had v. Derry, ibid. 541, directors held liable for misstatements repeatedly made frivolous applications for the purpose of contained in a prospectus which were a material, but not the impeaching a judgment. In re Clayton Mills Manufacturing only inducement to plaintiff to take shares, such misstate- Company, ibid. 28, leave to appeal after time, given ments being made without reasonable ground for believing where notice of appeal had already been given by three them : measure of damages to be difference between price directors without knowledge of three others, on the last paid for shares and their real value at allotment, such real day for giving notice, all six directors having been ordered value to be ascertained by light of subsequent events, and not to jointly and severally replace certain sụms, which three to be treated as merely their market value at time. Nanney alone had received. Brown v. Burdett, ibid. 207, a judge v. Morgan, ibid. 346, a deed of transfer of shares or stock has power under R. S. C. 1883, 0. Ixv. I. 11, to disallow does not pass the legal interest to the transferee until costs incurred before those orders came into operation, if delivered to secretary of Company pursuant to Companies not already adjudicated upon, and can exercise that power Clauses Consolidation Act, 1845; and is not “delivered " without request from any of the parties, and notwithstandthen if he returns it as not in accordance with requirements ing the case is one in which, in the ordinary course, the of that Act. In re North Brazilian Sugar Factories, ibid. costs would be paid out of a fund; and a mere order 83, the power of ordering inspection of books and papers directing taxation of costs simpliciter made before 1883, in of a Company being wound up given by Sect. 156 of an administration action, does not prevent the judge finally Companies Act, 1862, is prima facie for purposes of the disposing of such costs from exercising those powers. winding up, and those interested in it, and not for purpose Liverpool Household Stores Association v. Smith, ibid. 170, of enabling individual shareholders to establish claims for injunction to restrain publication of future articles retheir personal benefit against directors or promoters, and flecting unfavourably on a Company, refused. Sachs v. applies only to books or papers in Company's possession. Speilman, ibid. 295, a defendant does not waive his right In re Land Development Associatian (Kent's case), ibid. 508, to particulars by delivering his statement of defence. In a minute of a resolution passed by directors that a debt re Mersey Railway Company, ibid. 610, no priority is due from the Company, and purchased by a shareholder, obtained by a judgment creditor obtaining a receivership shall be applied in payment of the amount uncalled on his order, under Sect. 4 of the Railway Companies Act, 1867, shares is not equivalent to payment in cash within Sect. 25 and a second receivership order ought not to be made of Companies Act, 1867. In re Mills' Trusts, ibid. 312, while one is in force. In re Haynes - Kemp v. Haynes, ibid. Sect. 45 of Copyhold Act, 1887, repeals entirely Sect. 30 306, a forfeiture clause on non-residence, attaching to a of Conveyancing and Law of Property Act, 1881, as regards life estate takes effect on breach, nothwithstanding Sect. copyholds; it divests the legal estate in copyholds, which, 51 of the Settled Land Act, 1882, if no sale has been made. under Sect. 30 of the latter Act, has, on the death of a sole In re Eley, ibid. 40, claim of solicitor to a negotiating fee trustee, before the passing of the Copyhold Act, devolved under Solicitors' Remuneration Act, 1881, disallowed. In on his personal representatives, from them and vests it in re Johnson v. Weatherall, ibid. 433, where London his customary heir or devisee, but does not affect the agents deliver to a country solicitor their bill of agency validity of any disposition made by the personal represen- charges for a year, such charges relating to a number of tatives before the passing of the Copyhold Act. In re distinct actions or matters, the Court can, under its general Natt Walker v. Gammage, ibid. 517, the division of personal jurisdiction, order taxation of part of bill, and will in a estate among descendants of an intestate is always, under proper case do so, taking care, however, to prevent inthe Statute of Distribution, to be per stirpes ; children and justice being done. Macfarlane v. Lister, ibid. 88, London the issue of children of an intestate are all included in the agents of a solicitor held not entitled to a charge for costs term “children,” and not in term “next of kin” in Sect. 7 under Sect. 28 of Solicitors Act, 1860, on property of that Statute. In re Boyes Earl of Strathmore v. Vane, covered or preserved" in redemption action, on ground they ibid. 128, an executor who takes possession of a lease- were not the solicitors employed by the client; nor to a hold of his testator is personally liable as assign of the charge for costs of an arbitration, as not being a proceeding lease for subsequent rent up to the letting value of the in a Court of Justice. In re Hanson's Trade Mark, ibid. holding. In re Tippett's and Newbould's Contract, ibid. 444, 112, a label must, to be capable of registration, possess a where there is a gift of a fund subject to a particular distinctive character independently of its colours. Borthwick estate to a married woman absolutely, with restraint on v. Evening Post, ibid. 449, issue of a publication with a anticipation, such restraint will not, on that ground alone, similar name will not be restrained, unless the plaintiff show be confined to continuance of the particular estate. Tennant not merely that the name is calculated to deceive but that v. Welch, ibid. 622, married woman selling and conveying he will probably be injured by such deception. Evans with her husband's concurrence her real estate under v. Benyon, ibid. 329, trustee distributing a trust fund 3 & 4 Wm. 4, C. 74, and on her separate examination re- among strangers at request of a beneficiacy, who covefusing any provision out of the purchase money or other- nanted to indemnify, is not entitled, should he asterwise, must be treated as having given to her husband all her wards become entitled to a beneficial interest in such fund, interest in such purchase money, both at law and in equity; to call on the covenantor to make good that interest to him. and it makes no difference that such purchase money or Preston v. Etherington, ibid. 104, a debtor against whom part of it has been left outstanding in trustees as an indem- action was brought for the debt, by the order of comnity fund against charges on the estate. Should she in such promise admitted, .contrary to the fact, that the principal case survive and the fund remain outstanding, she cannot sum in his hands, claimed in the action, amounted to £ as against his estate claim it as a chose in action not re- was ordered in effect to hold it on trust, &c., paying interest duced into possession by the husband. De Stackpoole v. for it, and held by such admission and order to have become De Stackpoole, ibid. 139, costs of settlement executed by a a trustee of the money and liable to attachment for nonfemale ward of Court, on her marriage with Court's sanction, payment within Sect. 4, sub-sect. 3 of Debtors Act, 1869, ordered to be paid out of corpus of settled property. though in fact he had not, at the date of the compromise or Mitchell v. Cantrill, ibid. 56, reservation in a lease of since, the money in his hands, and was up to that time a