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part, and the possession of Lysimachus Parker was the possession of the trustee. The terms were superseded by the deed of 1829. His Lordship declared the plaintiff entitled to have the trusts of the indenture of 11th Feb. 1829 carried into execution, so far as they remained unexecuted.

Solicitors: Dickson and Lucas; Collyer - Bristow, Withers, and Russell.

May 8 and 27.

PEYTON v. Cox.
Will-Construction-Term of twenty-one years

trustees-Absolute or contingent. SIR ALGERNON PEYTON, by his will made in 1870, devised his estates to trustees, upon trust" during the period of twenty-one years, or during the minority of such son of mine as shall succeed to my title, and attain the age of twenty-one years," out of the rents and profits, to apply such sum as they should think fit towards the maintenance and education of such son during his minority, and the remaining income towards permanent improvements, and the discharge of incumbrances, if any, and to invest the unapplied surplus in the purchase of real estate. And subject to, or on failure of the preceding trust, the testator limited his

R. Swan for the defendant.
Roxburgh, Q.C., and F. J. Wood for University
College Hospital.

Graham Hastings for St. Mary's Hospital and
King's College Hospital.
Fischer, Q.C. and Goren, for the Charing Cross
Hospital.

Sir R. Baggallay, Q.C. and Bagshawe, for St.
George's Hospital.

Wm. Pearson for the Westminster Hospital.
Fry, Q.C. and Chitty, for the Middlesex
Hospital.

Lord ROMILY held that the legacies to inindividuals were to be paid out of the impure personality, and the four legacies of £500 each, to charitable institutions, out of the pure personalty, and directed that the residue of the impure personalty (about £5000) should be divided between Hospital, and each of them to receive out of the the St. George's Hospital and the Westminster pure personalty (about £10,000) such a sum as would make up one sixth of the whole pure and impure personalty, and the residue of the pure personalty to be divided between the other four hospitals. The real estate to be conveyed to the Middlesex Hospital. Costs to be apportioned between the real and personal estate and the portion attributable to the personal estate to be paid out of the impure personalty. Solicitors: Pattison, Wigg, and Co.; Cookson, Wainewright, and Pennington; Gadsden and Treherne.

estates to the use of his first and other sons successively, and their respective issue, in strict settlement, with remainder in default thereof, to his cousin, now Sir Thomas Peyton, for life, with remainder to his issue in strict settlement. Sir Algernon Peyton having died on the 25th March last without issue, the settled estates devolved upon the plaintiff, Sir Thomas Peyton, and this suit was instituted to determine whether in the events which had happened, the term took effect as an absolute term, the result of which would be to deprive the plaintiff of the enjoyment of the estates for twenty-one years, or whether it was a term to come into existence only in the event of Sir Algernon Peyton dying, leaving a son, a minor, to take effect during his minority.

Southgate, Q. C. and Bevir, for the plaintiff. Fry, Q.C. and Waller, for the infant children of the plaintiff.

8. Dickinson for the trustees.

Lord ROMILLY said that the will was very obscurely drawn and difficult to construe, but, looking at the whole will, and having regard to the circumstance that the trust for maintenance did not extend beyond the minority of the eldest son, so that an eldest son would be without support from the day he came of age until the ex piration of the twenty-one years, if the term was absolute; he was of opinion that it was intended that the term should arise only in the event of his leaving an infant son, and held that in the events which had happened, the term did not arise, and that the plaintiff was entitled to possession and receipt of the rents from the death of the testator. Solicitors: Garrard and James.

May 27 and 28.

WIGG v. NICHOLL. Will-Construction-Gifts to charities-Marshalling in favour of charities unable to take bequests of impure personalty. GEORGE NICHOLL, by his will, after giving legacies to individuals amounting to £12,500, and directing his trustees to pay out of such part of his residuary personal estate, as might be legally applicable to such purposes, the sum of £500 apiece to each of the four several charitable institutions following: The Royal Naval Female School at Richmond, the Metropolitan Convalescent Hospital, the Margate Infirmary, and the Sussex County Hospital, directed all the rest, residue, and remainder of his personal estate and effects which might be legally applied for such purposes to be paid unto and equally between the six following hospitals: St. George's Hospital, the Westminster Hospital, University Hospital, King's College Hospital, St. Mary's Hospital Paddington, and the Charing-cross Hospital, with a direction that his estate should be so marshalled and administered as to give the fullest possible effect to the pecuniary and residuary legacies and bequests in favour of the several hospitals and other charitable institutions; aud subject thereto he gave his residuary freehold estate and also all the residue of his personal estate, which should not be applicable to and be applied to the trusts and purposes aforesaid, unto the Middlesex Hospital, that Institution being empowered by law to receive the Same. As St. George's Hospital and the CharingCross Hospital are empowered by law to take bequests of impure personalty which the other Four hospitals are not, this suit was instituted to take the decision of the court as to the meaning of the direction that the estate should be so marshalled and administered as to give the fullest possible effect to the bequest in favour of the six hospitals.

Southgate, Q.C. and A. G. Marten for the plaintiff.

V.C. MALINS' COURT. May 22 and 23.

TORRANCE v. BOLTON. Vendor and purchaser-Sale by auction-Mistake -Incorrect description.

THE plaintiff attended a sale by auction to bid for a property which the defendant, the vendor, described in his particulars as an absolute estate in fee simple in reversion. No copies of the conditions of sale were distributed at any time prior to or during the day of sale, but before commencing the sale, the auctioneer read out the conditions in the usual way. The plaintiff, how ever, alleged that he was unable from deafness, to hear them distinctly. The property was finally knocked down to the plaintiff for £2500, and he thereupon signed the contract and paid his deposit. Shortly afterwards, and, as he alleged, for the first time, he discovered that one of the conditions of sale stated that the property was sold subject to mortgages amounting to about £2000. He then wrote to the vendor, stating that he had bid for the property on the understanding that it was an absolute estate in reversion, and not a mere equity of redemption that was being sold, and asked to be relieved from his contract on the ground of mistake, at the same time offering to pay all costs incident to the sale. To this, however, the vendor refused to accede, and accordingly the plaintiff filed this bill for the rescision of the contract and the return of his deposit. There was no allusion in the particulars to the fact that the property was in mortgage.

Cole, Q.C. and Rigby for the plaintiff. Pearson, Q.C. and Nugent, for the defendant, contended that the court would not set aside a contract except on the ground of fraud.

The VICE-CHANCELLOR said that the particulars ought to have described the property as an equity of redemption, and rot simply as a rever

sion. It was evident there had been mistake on

both sides, and mistake was just as distinct a ground for setting aside a contract as fraud. The plaintiff was entitled to the decree he asked, with costs.

Solicitors for the plaintiff J. and C. Cole, for G. G. Dainty, Rugby.

Solicitors for the defendant, Iliffe, Russell, and Iliffe, for E. Harris, Rugby.

Friday, May 24.

Re JEFFERYS' TRUSTS.

Gift to issue as A. shall appoint-Gift over in default of appointment-Non-execution of power. JOHN JEFFERYS by his will, dated the 30th March 1843, gave his residuary personal estate to trustees upon trust to pay the income to his daughter Emma Jefferys, and after her decease, then as to the capital and future income thereof in trust for the issue of his said daughter for such interests, &c., as she should appoint by deed or will, and in default of appointment upon trust for such persons as his said daughter should by deed or will appoint, and in default of appointment, in trust for the persons who should be her nearest of kin under the statutes for the distribution of intestates' estates. In 1843 the testator died, and in 1814 Emma Jefferys married Evelyn Saunders. In 1847, Emma Saunders, having then no children, made her will, which recited that she had no children, and that she was desirous of executing her power of appointing the trust property of John Jefferys, and she thereby, in exercise of the power, appointed the residuary estate of John

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Emma Saunders, were not called on.

Pearson, Q.C. and Pemberton for the issue of

The VICE-CHANCELLOR held that, the power of appointing the trust property among the issue not having been exercised, there was a gift by implication to the objects of the power. Even however if there were no gift by implica tion, his Honour was of opinion that the issue would take under the ultimate gift to the next of kin of Emma Saunders; for the recital in her will showed that the will was only intended to come into operation in the event of there being no issue of the marriage. The issue were therefore

entitled to the fund.

Solicitors: Scard and Son; Fairfoot and Webb.

Monday, May 27.

HUGO . WILLIAMS. Will-Construction-Gift to A. and his heirs for for their respective lives in tail male-Estate tail.

CHARLES Foss ANDREW, by his will, dated the 21st May 1840, devised his Nansough estate to trustees, upon trust for his son, George Hugo Andrew, for life, and after his decease upon trust to permit the first son of the testator's said son, G. H. Andrew, lawfully begotten, and the heirs male of his body lawfully issuing, to receive the rents issues and profits of the estate "for and during their respective lives severally and successively in tail male," and in default of issue male of such first son, upon trust to permit the second, third, and all and every other the son and sons of the said G. H. Andrew, severally and successively, according to their seniority and priority, of birth, and the issue male of their respective bodies severally and successively in tail male to receive the rents and profits of the said estate for and during their respective lives, and in default of such issue, then over. George Hugo Andrew died, leaving one son, Charles Fosse Andrew, who, assuming to be tenant in tail in possession, executed a disentailing assurance of the Nansough estate. The plaintiffs, who claimed under C. F. Andrew, the testator's grandson, filed this bill against a purchaser of the estate for specific performance, and by demurrer the question was raised whether C. F. Andrew, the grandson, did in fact take an estate tail under his grandfather's will.

C. Hall for the demurrer.

Phear, for the plaintiff, was not called upon.

The VICE-CHANCELLOR said that the case was governed by Doe v. Stenlake (12 East, 514), and that under the devise in question, C. F. Andrew, the grandson, took an estate tail. The words "during their respective lives" only meant that the person taking the estate tail should enjoy the property during his life. The demurrer must be

overruled.

Solicitors for the plaintiffs, Bell and Stewards. Solicitors for the defendant, Gregory, Rowcliffes, and Co.

V.C. BACON'S COURT. May 3, 4, 7, and 23. VYSE v. FOSTER.

Administrator-Testator's estate remaining employed in business-Liability of executor to account for profits. RICHARD VYSE by his will, dated 15th Sept. 1854, after bequeathing certain legacies, devised and bequeathed the residue of his real and personal estate to the defendants, Thomas Foster, Henry Vyse, and Edmund Vyse, whom he also appointed executors of his will, upon trust to divide the same equally among his children. At the time of his death the testator was in partnership with the defendant Henry Vyse and two other persons. By the articles of partnership it was provided that the money to be paid to the executor of a deceased partner should be in full for the purchase of the share of such deceased partner, and should be paid by instalments as therein mentioned, and should be a debt due from the firm to such executor.

The executors did not call

in the testator's estate which was employed in the partnership business but permitted it to remain so employed. The defendants had also expended

a sum of £1600 in the building of a house, which they alleged was for the benefit of the testator's estate. The plaintiff, one of the children of the testater, by her bill prayed for the administration of the testator's estate, for a declaration that the expenditure of £1600 in building the house was a breach of trust and might be disallowed, for an account of all sums forming part of the testator's in the partnership business, and of all profits estate which had been employed by the defendants which had arisen from such employment, and that the defendants might be declared jointly and severally liable to account for the same. Kay, Q.C., Lindley, Q.C. and Romer were for the plaintiff.

Amphlett, Q.C. and Rowcliffe were for the defenThe Solicitor-General (Sir G. Jessel, Q.C.),

dants.

The VICE-CHANCELLOR held that there must be an inquiry as to the testator's estate employed in the partnership business, and that the executors were personally liable to account for all the profits made by the testator's estate so employed, and that the outlay of £1600 was unauthorised and

must be disallowed.

Solicitors for the plaintiff Fox and Robinson. Solicitors for the defendants, Gregory, Rowcliffe, Rowcliffe and Rawle.

Saturday, May 25.

Re THE PROVISION MERCHANTS COMPANY

(LIMITED).

Company-Winding-up-Call to equalise shares. THIS was a petition by a Mr. Ingelow, who held 500 shares, with £10 paid up, in the above-named company, for an order on the Voluntary Liquidators of the company to make a call on the holders of shares with only £5 paid up, for the purpose of equalising the amounts paid up on all the shares. Ingelow held the shares as trustee for the National Bank, of which he was the manager. The Bank were also creditors to a large amount of the company. At an extraordinary meeting of the shareholders, held to consider the advisability of voluntarily winding-up the company, the secretary of the bank, who was present as the agent of the bank, stated that the object of the bank was to get the debts of the company paid by a winding-up, so as to extinguish the liability of their officer as contribu tory, and to preclude the necessity of a call under any circumstances, except insufficiency of the assets to discharge the debt of the company, and on that understanding the shareholders agreed to the voluntary liquidation of the company. After payment of all debts there remained a balance of about £1000, which, by an order of the court, was distributed among the holders of shares with £10 paid up. The liquidator now refused to make a call on the £5 shareholders for the purpose of further equalisation of the shares on the ground that it would be inconsistent with the understanding and good faith on which the winding-up was acceded to by the shareholders. Eddis, Q.C., and Graham Hastings were for the petitioner.

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Kay, Q.C., and Everitt, were for the liquidator. The VICE-CHANCELLOR held that there must be a call to equalise the shares.

Solicitors for the petitioner, Tatham and Sons. Solicitors for the liquidator, C. Mills Roche.

V.C. WICKENS' COURT. Wednesday, May 22. THE WIMBLEDON AND PUTNEY COMMONS CONSERVATORS . COLES AND OTHERS.

34 & 35 Vict. c. 201-Construction-Rifle association-Time limited for shooting. THE question in this case turned upon the construction of the 34 & 35 Vict. c.204, an Act passed last year for the better government of Wimbledon and Putney Commons. The defendants (who represented the Surrey Rifle Association) had issued a programme stating that a prize shooting meeting would take place on Thursday and Friday the 6th and 7th June next, on Wimbledon Common, and that the shooting would commence each day at 9.30 a.m. precisely. The question to be decided was whether the defendants had a right to make arrangements for such a meeting during the whole of two consecutive days, or only between the hours of two and seven in the afternoon of each day. The plaintiffs now moved to restrain the shooting competitions from taking place, except between the hours of two and seven. Osborne Morgan, Q.C. and Speed for the motion.

Dickinson, Q.C. and A. Bailey contra.

The VICE-CHANCELLOR said he did not think there was anything in the Act to restrict the defendants to the hours between two and seven o'clock in the afternoon, and the injunction must, therefore, be refused. By arrangement it was agreed that each party should bear their own

costs.

Solicitors: Bailey, Shaw, Smith, and Bailey; Horne and Hunter.

Saturday, May 25.

BROWNE v. HOPE.

Demurrer-Will-Legacy-Lapse-Want of equity. THIS was a demurrer. The Rev. W. G. Sawyer by his will, dated in Nov. 1869, after making certain dispositions of part of his property, declared as follows:-"As to the residue of the moneys to arise from the sales and conversions of my said declare that my trustees or trustee shall pay and real and personal estates as aforesaid, I direct and transfer the same unto the said Charles Hope, Eliza, the wife of Andrew Inglis, Catherine Hope, and Louisa Hope (the four children of the said General Frederick Hope), and to Selina, the wife of the said Thomas Edmund Franklin, jamin Browne, of Hope Mansell, and Fanny Hope Charlotte, the wife of the Rev. Samuel Ben: in equal seventh shares, as tenants in common, (the children of the said Captain George Hope), and to their respective executors, administrators, and assigns, to whom I bequeath the same accord. ingly; and I declare that such shares shall be vested interests in each of my residuary legatees immediately upon the execution thereof; and that

testator died in 1871.

Blackburn, J., when the facts appeared to be as
follows, viz.: The plaintiff occupied a corner house
in a street on a large estate whereof the defendant

was surveyor. A rumour reaching the ears of the
landlord as to the character of another house in
the same street, he wrote to the defendant, as his
surveyor, to make inquiries about it. The latter
went to the neghbourhood and inquired accord.
dence, stating in effect that it was disorderly, and
ingly, but a person whom he questioned about the
corner house directed him to the plaintiff's resi
the one to be looked to. The defendant said that
must be a mistake, for he had known the defen.
dant for many years to be respectable. Neverthe
less, he, being misled by further incorrect state-
this action. The defence was that in making his
ments, openly pursued inquiries respecting the
house of the plaintiff, who in consequence brought
house, the defendant was acting bona fide, and in
investigation as to the character of the plaintiff's
discharge of his duty as surveyor of the property.
The learned judge directed the jury that an
tions of the landlord, would be privileged, but
inquiry bona fide made in pursuance of the instruc-
that if the defendant disbelieved the information
received in the neighbourhood, and yet pursued his
inquiry as to the plaintiff's house, he went beyond
the scope of his duty. Verdict for the plaintiff';
A rule having been obtained for a
damages £25.
new trial on the ground of misdirection.
Pope, QC. and Gates showed cause.
Channell (with him Huddleston, Q.C.), supported
the rule.

the shares of each of them as are married women disposal, and be free from the debts, control, or shall be for their own sole and separate use and interference of their respective husbands." The Charlotte, the wife of the wife of the Rev. S. B. Browne, predeceased the testator, and died in Sept. 1870. In March 1872, her husband filed this bill, praying for a declaration, as to the rights and interests of the The COURT (Cockburn, C.J., Blackburn, Mellor, several parties in the one seventh part of the and Lush, JJ.), held that the whole inquiry bond residuary estate, which was primarily intended for relief. The cause came on to be heard on a general that he would have failed in his duty as surveyor the said Charlotte Browne, and for consequential fide made by the defendant was privileged, for demurrer for want of equity by the first two de- if, after hearing an ill report of the plaintiff's fendants, the sole next of kin and the heir-at-house, he had abstained from seeking further information on the subject, and that therefore a nonsuit should have been directed.

law.

The Solicitor-General, and Cadman Jones, for

the demurrer.

Sir Roundell Palmer, Q.C., and Horton Smith, for the bill.

The VICE-CHANCELLOR said he thought it was quite clear that a testator might prevent a legacy that purpose he must do two things. He must from lapsing, but the authorities showed that for exclude lapse and he must indicate clearly who was to take if the legacy lapsed, i.e., if the legatee died in his lifetime. That was not done in this case, and therefore the demurrer must be allowed. Solicitors: Ravenscroft and Hill; Tucker and Lake.

Monday, May 27.

HARRIS v. DU PASQUIER. Will-Charitable legacies-Uncertainty. tion of the estate of Thomas Hyland, now came on THIS suit, which was instituted for the administra. for further consideration upon a question as to the validity of certain charitable legacies. The will was dated the 18th March 1868, and by it the testator, after appointing trustees and making provision for his wife, directed his trustees on the death or marriage of his wife, to pay the following legacies, free of duty: "To the Cancer Hospital £100; to the Brompton Hospital for Diseases of the Chest, £100; to the Right Hon. the Lord Mayor of Dublin for the time being £100, for such objects as he shall deem most deserving; to the Blind Asylum New Kent-road, £100; to Mrs. Gladstone, of No. 11, Carlton House-terrace, to be applied as she thinks proper in charity, £200 to be considered as coming to her from her correspondent' Nemo,': and the residue of his estate be bequeathed to his trustees "for such objects as they consider deserving, whether in increase of the beforementioned ones or otherwise, and I empower my trustees to make arrangements with the tenants as to the repair of certain houses." The testator died possessed of considerable pure and some impure personal estate.

Greene, Q. C., and Graham Hastings, for the plaintiff.

Karslake Q. C., and Tremlett, for the testator's widow.

Hemming, for the Crown.

The VICE-CHANCELLOR held that the gift to the Lord Mayor of Dublin failed, as it appeared to him too strong an implication of intention to say that the legacy was for charitable objects; that the other charitable legacies were good, and that the residuary gift failed altogether on the ground of uncertainty.

Solicitors: Du Pasquier, Tremlett, and Eardley Holt; The Solicitor for the Treasury.

COURT OF QUEEN'S BENCH. Wednesday, May 22. BRETT v. WATSON. Slander-Privileged communication- Surveyor's inquiries as to character of house. SLANDER in imputing that the plaintiff kept an improper house. The cause was tried before

Rule absolute.

FRASER . THE TELEGRAPH CONSTRUCTION COMPANY.

Construction of.

Steam ship-Auxiliary steam-Bill of lading— THIS was an action for delay in the carriage of goods by sea. The declaration alleged, in effect, that in consideration that the plaintiff would put his goods on board the defendant's ship to be carried for freight, the defendants promised to use the ordinary motive power of the ship, and did not do so, whereby delay and damage were occasioned to the plaintiff. The cause was tried before Mellor J. and a special jury, at Guildhall, when the facts appeared to be as follows, viz,: An auxiliary-steam vessel called the Hibernia, coffee, &c., to be carried to England under a bill belonging to the defendants, being at Singapore, was laden by the plaintiffs with a cargo of pepper, of lading in which the vessel was described reserved for her as the steam ship Hibernia, and liberty was to touch at any port for coal. There was also a proviso that in certain cases the defendants might transship the goods in any other steamer. The freight was much lower than that usually paid for carriage by steamships, and was almost below the fair rate for sailing vessels. The voyage lasted 135 days, whereas the duration of the same As much coal was taken on board at the port of passage by a steamer averages but 65 days. departure as the ship could carry, but this supply was not enough to admit of steam being con stantly used throughout the voyage, unless the therefore performed the greater part of her bunkers were replenished with coal. The vessel transit under sail, and steam power was, in fact, only used in the China seas, during calms, at St. Helena, and coming up the Channel. The learned judge directed the jury that the contract was to in favour of the defendants, on the ground that carry by an auxiliary-steamship. The jury found the auxiliary steam power had been managed in the ordinary way, and that it was not usual to replenish such a vessel with coal on the voyage, a rule having been obtained for a new trial on the ground of misdirection, and that the verdict was against the weight of evidence.

Pollock, Q.C., and Cohen, showed cause. Sir John Karslake, Q.C., and A. L. Smith, ap peared to support the rule, but were not required to argue.

The COURT held that the bill of lading was a contract to carry the goods by a vessel the primary and principal propelling power of which should be steam, and that therefore a ship having only auxiliary steam power did not satisfy the terms of the agreement. Rule absolute.

Thursday, May 23. THE QUEEN v. MORGAN. Quo warranto-Local board of health-9 Anne c. 20; 23 & 24 Vict. c. 90. THIS was a quo warranto for which a writ had been granted by this court in order to try the va

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lidity of the election of a member of the Local Board of Health of Sheerness. The matter came on for trial at the Maidstone assizes, when the defendant failed to appear. A master had refused to tax the relator's costs on the authority of the Queen v. Packhouse (7 B. & S. 911) Crump moved for a rule nisi on behalf of the relator calling upon the defendant to show cause why the master should not proceed to tax the costs; and contended that the incorporation of local boards of health by the Sanitary Act 1866, 8. 46, had brought this case within the 5th section of 9 Anne, c. 20, which gives costs upon informations in the nature of quo warranto concerning the offices of mayors, bailiffs, portreeves, and other offices within cities, towns corporate, boroughs, and other places.

The COURT (Cockburn, C.J., Blackburn, Mellor, and Lush, JJ.), considered that there was nothing to distinguish this case from the Queen v. BackRule refused.

house. Attorneys for relator, Brook and Chapman, for Mole, Sheerness.

April 16 and May 28.

CHERRY V. THOMPSON.

Breach of contract-Cause of action within the jurisdiction-Common Law Procedure Act 1852,

s. 18.

J. J. Aston moved on defendant's behalf for a rule to set aside an order made on the 15th March last, by Master Manley Smith, under the 18th section of the Common Law Procedure Act 1852, to the effect that the plaintiff should be at liberty to proceed in this action by filing a declaration against the defendant; that he should serve a notice requiring the defendant to plead to the said declaration in sixteen days, with particulars of the plaintiff's demand and a copy of this order; that in default of defendant pleading within the said sixteen days the plaintiff should be at liberty to prove the damages before one of the masters, by affidavit or otherwise, as the master should think fit, and to sign final judgment for the amount so found due by the master. Upon appeal against this order at chambers, Willes, J. had referred the matter to this court. The action was brought by a captain in the Indian army against a lady born in Ireland, but living out of the British jurisdiction, for a breach of promise to marry. The engagement was formed at Hombourg, near Frankfort, in the empire of Germany, where the defendant was then living with her mother, in March 1871. From that date to the present time the defendant continued to live away from the jurisdiction of the courts of Great Britain and Ireland. The parties had agreed that the marriage between them should take place at Hombourg in September last, but they afterwards agreed that it should be indefinitely postponed. On the 11th Oct. 1871 the defendant wrote from Hombourg a letter to the plaintiff in London breaking off the engagement. The plaintiff wrote an answer from London to the defendant to the effect that he would not accept her letter, and urging her to marry him. It was contended that no part of the alleged cause of action arose within the jurisdiction of this court; or at all events the whole cause of action had not so arisen, as was held in Allhusen v. Malgarejo (L. Rep. 3 Q. B. 340), to be necessary in order to make the 18th section of the Common Law Procedure Act 1852 apply.

Day, Q. C. showed cause in the first instance, and contended that the breach of the contract took place in London upon the receipt of the defendant's letter by the plaintiff, and that upon the authority of Jackson v. Spittal (22 L. T. Rep. 755; L. Rep. 5 C. P. 542); and of Durham v. Spence (L. Rep. 6 Ex. 46), this case was within the section mentioned.

Aston replied.

Cur, adv. vult.

May 28-BLACKBURN, J. delivered the judgment of the Court (Cockburn, C. J., Blackburn, Lush, and Quain, JJ.), in favour of defendant. sustaining the previous decision of the court in Allhusen v. Malgarejo, and disagreeing from that of the Common Pleas in Jackson v. Spitall. They further held that the contract in this case was broken by the defendant in Germany, and therefore no part of the cause of action arose within their jurisdiction. Rule absolute.

£5 17s. 6d. per ton, which price was to include freight and insurance to New York, the shipment to be commenced forthwith. The contract was made on the 6th Aug. 1870, and it was proved at the trial that the word "forthwith" meant an August shipment. Defendant was unable to procure a ship to take the rails, and at his request plaintiff gave further time for the delivery of the rails. At length, on the 5th Oct., the defendant not having shipped any part of the rails, plaintiff gave notice that he should treat the contract as broken. Plaintiff then brought this action. It was proved at the trial that the price of rails in the London market was in October 2s. 6d. per ton more than the contract price, but in the New York market the price was 8s. per ton more. The jury in assessing the damages gave plaintiff 2001., taking the rise in the price at New York as the standard of measurement. A rule having been obtained to reduce the damages according to the difference in price in the London market,

Day, Q.C. and Ledgard showed cause. Willis (Field, Q.C. with him) in support of the rule, contended that plaintiff was only entitled to recover at the rate of 2s. 6d. per ton, that being the rise in price in the London market where the

rails had been sold.

The COURT (Bovill, C.J., Willes, Byles, and Keating, JJ.), discharged the rule.

Rule discharged. Attorneys for plaintiff, Wilson, Bristowe, and Carpmael. Attorneys for defendant, Wood and Tinkler.

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Policy of Insurance-Freight-Passage money of Coolies-Perils insured against. ACTION on a policy of insurance for 10001. upon the freight, goods, and merchandise of the ship Sandringham, at and from the port of Sydney to Calcutta, and thence to the Mauritius. Upon the that the charterers had stopped payment, and ship arriving at Calcutta, the master was informed that their agents refused to have anything to do with the ship. The master accordingly obtained a cargo of rice and 360 coolies, with which he sailed for the Mauritius. The vessel was stranded on nearing the Mauritius, and the ship and the whole of the rice was totally lost by perils insured All the coolies except twelve swam against. ashore and were saved. Evidence was given on the part of the plaintiff to show that the word and contradictory evidence was given on the defreight" was confined to freight of merchandise, fendants' behalf.

C. Pollock, Q.C., for the plaintiff.

of the judge must be produced on a motion for a new trial, unless it be made by counsel who was present at the trial, or unless an application had been made for the notes, and they were refused.]

The COURT (Kelly, C.B., Bramwell, and Channell, BB.), considered the practice as stated in Taylor v. Holt to be well established, and the Rule was refused. Attorneys for the defendants, Pattison, Wigg, and Co.

STOCKLEY V. SHOPLAND.

Reference to arbitration-Including a person who is not a party to the action-Awarding that he shall pay a portion of the costs of the action. IN this case an action had been brought by the plaintiff against the defendant for damaging a wall, but before the cause was called on, it was proposed that it should be referred to arbitration, and that as one William Burton (who was subpoenaed as a witness) had been a party to the litigation, he should become a party to the redamage being committed, and to avoid future ference. To this he assented, and the record being withdrawn, an order of reference was drawn in difference between the parties be referred to up, which ordered that the cause and all matters R. E. T., and that the costs of the cause should abide the event, and that the costs of the reference and award should be in the discretion of the arbitrator; and it was further ordered that the said William Burton should be a party to the reference. The arbitrator having heard the case, he made his award in favour of the plaintiff, and amongst other things he ordered the said William his, the defendant's, costs of the action, and one Burton to pay the defendant one moiety of moiety of the defendant's costs of the reference,

and that the defendant should accept the said payments of his costs from the said William Burton in satisfaction and discharge of any right of action which he may have against the said William Burton in respect of the matters so referred. A rule was subsequently obtained on beplaintiff and the defendant to show cause why the half of the said William Burton, calling upon the award should not be set aside on the ground that the arbitrator exceeded his authority in that part of the award which orders William Burton to pay costs to the defendant, and which orders the defendant to accept such costs in discharge of any right of action against the said William Burton.

M. Chambers, Q.C. and Barnard for the plaintiff, shewed cause, and contended that as no objection whatever to the award was alleged as against the regards him. plaintiff, the award, at all events, should stand as

J. Morgan Howard, for the defendant, argued
that the arbitrator had not exceeded his authority,
Mathew) for the defendant.
Sir George Honyman, QC. (with him J. C. for that as William Burton had become a party to

Cur. adv. vult.

The COURT (Willes, Byles, Keating, and Brett, J.J.) gave judgment for the plaintiff, being of opinion that the word freight when used in a policy of insurance, refers to the freight of of coolies is to be insured, a more specific term merchandise, and that where the passage-money should be used. Judgment for the plaintiff. Great Winchester-street Buildings. Attorneys for the plaintiff, Ware and Hawes, Waltons, Great Winchester-street. Attorneys for the defendant, Waltons, Bubb, and

COURT OF EXCHEQUER. Wednesday, May 22.

DENE v. SAWYER.

the reference, and the injury to the wall was a matter in difference in which he was interested the award ordering him to pay a sum of money to the defendant amounting to a moiety of his (the charge of any liability he might be under to the defendant's) costs of the action, and that, in disdefendant, was perfectly right.

J. Brown, Q.C., in support of the rule, argued that the arbitrator had exceeded his authority, for that at the time of the reference there were no matters in difference between the parties to the action and William Burton, and that, although it was competent to the arbitrator to order him to pay part of the costs of the reference, he had no power to direct him to pay any portion of the costs of the action to which he was no party.

The COURT (Kelly, C.B., Bramwell and Channell, BB.) were of opinion that the arbitrator had not exceeded his authority, for that William New trial-Cause sent down for trial before a Burton, having become a party to the reference, County Court-Motion for a rule nisi for a new which was of the cause and all matters in diffetrial-Notes of the County Court judge-Non-rence between the parties, and the matter in production of.

Bruce, in this case, upon the last day of last Easter Term, applied to the court for a rule nisi for a new trial, the action being upon a bill of exchange, and sent down for trial before a County Court judge, when a verdict was returned for the plaintiff; but such rule was refused, upon the ground that the notes of the County Court judge were not produced nor had been applied for, and that Bruce himself had not been present at such trial. He now applied again for such rule, Attorney for plaintiff, F. S. Gosling. upon the ground that the refusal last term was in Attorneys for defendant, Vandercom, Law, error of the case of Morrison v. Wookey (15 Com. Hardy and Aston.

COURT OF COMMON PLEAS. Thursday, May 23. ANDERSON v. SHAW. Damages, measure of. THIS was an action, tried before Keating, J. at Guildhall, at the sittings after Hilary Term last, to recover damages for a breach of contract. Defendant had engaged, in the London market, to sell the plaintiff 500 tons of old iron rails at

B. 457), which was not brought under the attention of the court, in which Erle, C.J., says that it is not necessary upon such a motion that the court should be furnished with the notes, and that it is enough if they are produced when cause comes to be shown; and that, therefore, the rule he asked for should be granted, as he applied upon sufficient materials. KELLY, C.B., referred to the case of Taylor v. Holt (3 H. & Colt. 452), in which the practice is stated to be that where a cause in a Superior Court has been tried before a County Court judge pursuant to the 19 & 20 Vict. c. 108, s. 26, the notes

difference being the injury done to the wall, for which injury William Burton might be ultimately answerable to the defendant, the award ordering him to pay to the defendant one half of his costs of the action in satisfaction of any right of action the defendant might have against him in respect of the matters referred, was in accordance with

the powers conferred by it.

Rule discharged, with costs, Attorney for the plaintiff, Henry Joseph Adcock. Attorney for the defendant, John L. Tyms. Attorney for Burton, Lewis Hand.

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EXCHEQUER CHAMBER.

Feb. 8 and May 13.

ERRORS, &C., FROM THE EXCHEQUER.

Landord's property tax-Rent FRAMPTON AND OTHERS v. BROWN AND OTHERS. THIS was an action to recover £45 2s. 6d., balance of rent alleged to be due under the following circumstances. The declaration charged that by a certain indenture of lease, dated 25th March 1813, one John Dekewer demised to one Richard Stephens, the premises therein described for a term of 94 years from the 25th March 1816, and that the said R. Stephens, the lessee, for himself, his heirs, executors, and administrators (among other things) covenanted with the said J. Dekewer,

in case

first six being for the various injuries complained
of in respect of the plaintiff's ownership of the
freehold, and the remaining five counts being for
the like injuries to the plaintiff's reversion, a part
of the property being in the possession of a tenant.
The defendant pleaded various pleas of, not guilty,
traversing the plaintiff's possession, leave and
license, and acquiescence on the plaintiff's part in
what the defendant had done on which issues
were joined. The plaintiff and defendant were the
owners respectively of a row of cottages between
which was a passage four or five feet wide, which
was arched and built over, and which belonged to
the plaintiff, but through which the defendant had a
right of way. The defendant had pulled down one of
his cottages, and in rebuilding it he had encroached
slightly on the passage, and so had diminished its
width; had removed soil belonging to the plaintiff, the lessor, his heirs and assigns, that the
had obstructed the plaintiff's light, by building said lessee, his executors, administrators, and
his new cottage higher than the old one, and had assigns, would pay to the said lessor, his heirs
committed other grievances alleged in the declara-
or assigns, during the said term, the yearly
tion. The value in fee of the land of the plaintiff rent of £110, by equal quarterly payments on the
encroached upon by the defendant, and which was
four most usual quarter days, without any deduc-
about some 12ft. square only, amounted, according tion or abatement whatsoever, except the land-
to evidence given at the trial, to 7s. 3d., at twenty-lord's property-tax on the said yearly rent;
five years' purchase at 2d. per yard of annual chief and the said lessor for himself, his heirs,
rent. At the trial, before Lush, J., at the last executors, administrators and assigns, among
spring assizes of the Salford Hundred at Man- other things covenanted with the said lessee,
chester, the learned judge, in summing up, directed his executors, administrators and assigns, that,
the jury that, on the evidence, they must find for
the property tax, payable upon the
the plaintiff upon the counts for encroachment said demised premises, should at any time or
upon, and for removing soil and other matters times, after the making of the said deed, and
from, the plaintiff's land and passage; and he left during the continuance of the said term, be re-
the following questions to them: First, was the moved, or taken off, or become extinct, by any Act of
plaintiff's light substantially obstructed by the Parliament, or other lawful authority, then, and in
defendant's building? secondly, was the plaintiff's such case, and from thenceforth, the said yearly
cottage damaged by the additional weight proved rent of £110 by the said deed reserved to the said
to have been put on it by the defendant's new
lessor, his heirs or assigns, should, thenceforth
building being higher than the old? and and so long as the said property tax should be so
he said he doubted whether in fact there removed, taken off, or become extinct, be reduced
could be any such obstruction according to
to the net rent of £100 per annum clear of all
the course of the sun and the position of the deductions or payments by authority of Parlia-
building, but he left it to the jury. He also told
ment or otherwise howsoever." Averments, that
them that a question of right was involved in the plaintiffs afterwards became possessed of the
the alleged obstruction, and that, in assessing demised premises, as assigns of the said lessor,
damages, as none had been proved up to the time and the defendants, in the year 1865, became pos-
of action commenced, they could not take into lessee, and whilst they were so possessed of the
sessed of the said term as assignees of the said
consideration any damage sustained by the plain-
tiff since that time. A general verdict was given said term, the property tax payable for the said
by the jury for the plaintiff on all the questions demised premises, was not removed nor taken off
put to them, with 40s. damages. The learned
nor did it become extinct by authority of Parlia-
judge declined to certify for costs. A rule was
ment or other lawful authority, whereby the de-
afterwards obtained calling on the defendant to fendants, during the whole time they were so
show cause why the plaintiff should not be allowed possessed, became and were liable to pay to the
his costs of suit under 30 & 31 Vict. c. 142, s. 5, plaintiffs, as assignees of the said lessor, the said
and why the master should not tax the same, and reserved rent of £110, yet they did not well and
why the defendant should not also pay the costs truly pay the same rent, but only a part thereof, to
of this rule. The section in question enacts that
the plaintiffs. The defendants pleaded that after
"if in any action in any of Her Majesty's Superior the making of the said deed, and during the said
Courts of Record the plaintiff shall recover a
term, and before the defendants became such
sum not exceeding £20, if the action is founded assignees, as in the declaration mentioned, the land-
on contract, or £10 if founded on tort, he shall lord's property tax in the said deed mentioned, was
not be entitled to any costs of suit, unless the removed and taken off and became extinct by Act
judge shall certify on the record that there was
of Parliament, or other lawful authority, within
sufficient cause for bringing such action in such
the intent and meaning of the said deed,
and has never
Superior Court, or unless the court or a judge at
since been reimposed, and
chambers shall by rule or order allow such costs."
that since their possession of the said term, as
assignees, as in the declaration mentioned, they
J. Edwards, for the defendant, showed cause,
have duly paid to plaintiff as assignees of the
and contended that, the judge having refused to lessor the yearly rent of £100, clear of all deduc-
certify, the court ought not to, and would not, in- tions within the meaning of the deed, and have
terfere in such a case, where the whole value of made all such quarterly payments as have, to the
the right involved was of so trifling an amount, commencement of action, become due and payable
and 40s. only had been given by the jury for het under the terms of the said deed, and have made
whole damage the plaintiff had suffered.
no default therein. Cross demurrers to the declara-
Kay, Q.C., for the defendant, contra, in support, tion, and to the plea respectively, and joinder in
contended that the amount of damages here demurrers. The ground of the demurrer to the
was immaterial on the question of costs, as declaration was that it was consistent with the
the judge had directed the jury they could not facts stated, that the landlord's property-tax had
give damages subsequent to action brought. been removed by Act of Parliament, or other law-
The case involved questions of right of consider- ful authority, before the defendants became
able intricacy, and could not have been satisfac-possessed of the term. The grounds of demurrer
torily disposed of in the County Court. Hinde v. to the plea were that the 5 & 6 Vict. c. 33 reim-
Sheppard and others (25 L. T. Rep. N. S. 200; posed the tax in the plea mentioned, and that the
L. Rep. 7 Ex. 21) is an authority that the court allegation of payment of a yearly rent of £100 was
will in such a case interfere.
no satisfaction of a claim for a yearly rent of £110.
The Court of Exchequer, in Trinity Term 1871,
after argument, held that the declaration was
good and the plea bad, and gave judgment for the
plaintiffs, whereupon the defendants brought
error to this court, and now

The COURT were divided in opinion. Martin, B., thought the court had no power to interfere on appeal with the decision of the judge at the trial. Channell, B., was of opinion that, though there was no appeal from the judge, there might be an independent application to the court on different materials; and Bramwell, B. thought the court might, if they saw cause to do so, allow costs, which the judge had refused; but all three of the learned barons were of opinion that the plaintiff's rule should be discharged. Kelly, C.B., however, differed, and thought that Hinde v. Sheppard was a distinct authority in favour of the plaintiff's contention, and that, the present being an action peculiarly fit to be tried in the Superior Court, the certificate ought to have been granted, and the rule ought to be made absolute.

Rule discharged. Attorney for the plaintiff, T. Horrex, Gray'sinn, W.C., agent for H. T. Edwards, Manchester. Attorneys for the defendant, Clarke, Woodcock, and Ryland, 14, Lincoln's-inn-fields, W.C., agents for F. A. and J. Grundy and Co., Manchester.

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Feb. 8.-Garth, Q.C. (with him was Finlay), for the defendants, argued that the property tax mentioned in the lease was the particular tax existing at that date, which was imposed by the 46 Geo. 3, c. 65, and was removed by Act of Parliament and became extinct before the possession of the term by the defendants. The covenant referred only to the tax then in force, and not to any one to be from time to time afterwards imposed, and the case of Colbron v. Travers (6 L. T. Rep. N. S. 281; 31 L. J. 257, C. P.; 12 C. B., N. S., 181), even if it were well decided, was no authority for the present plaintiffs.

This being the last day of the sittings in error after Hilary Term, the court said they would consider, before the next sitting of the court, whether they would call upon J. D. Bell (with him was M. Chambers, Q.C.), for the plaintiff.

May 13.-LUSH, J. now delivered the judgment of the Court (Willes, Mellor, Lush, Grove, and Brett, JJ.), without hearing the plaintiff's counsel, unanimously upholding and affirming the decision of the court below, and holding the lessor to be entitled to the payment of the higher rent of £110 per annum. Judgment affirmed. Attorney for the plaintiffs (defendants in error), W. J. Scott, 92 and 93, Fleet-street, E.C. Attorneys for the defendants, Bridger and Collins, 37, King William-street, London-bridge,

E.C.

ERRORS FROM COMMON PLEAS.

Dec. 1, 1871, and Feb. 9 and May 23, 1872.
AND ANOTHER V. HODGSON AND
HOLLAND
ANOTHER.

Trade fixtures - Mortgagor and mortgagee
Machinery attached to premises.
TROVER for looms by mortgagees against the
assignees of George Mason, a bankrupt, the mort-
gagor. Geo. Mason, in 1869, carried on the busi-
ness of a worsted spinner. By a mortgage dated
in that year, he conveyed to plaintiffs in fee the
said mill, in which he carried on his business,
with several closes of land, cottages, and other
hereditaments described as "all that mill lately
occupied by, &c., in parish and county, &c., with the
warehouse, counting-house, engine-house, &c., be-
longing, adjoining, or near thereto, and also the
steam-engine, shafting, going-gear, machinery,
and all other fixtures whatever which now or
at any time hereafter during the continuance of
this security shall be set up and affixed to the
said hereditaments and premises hereby granted
and assumed or intended so to be, or any part
thereof." The deed was not registered under
Bills of Sale Act. The defendants subsequently,
on the said George Mason becoming bankrupt,
were chosen as his assignees, and as such took
possession of and sold the looms on the premises,
and it was in respect of this conversion that this
action was brought. The looms were placed in va
rious rooms in the factory. They were driven by
and going gear, from drums on which the required
steam power, which gave motion to the shafting
communication was given to the looms by means
of leathern bands, which could be applied to, and
disconnected from the looms at pleasure. Each
loom stood on four feet, each foot being a flat
piece of iron with a hole drilled in it. It is
essential to the proper working of a loom that it
should stand on a level, and be steady and keep
its true direction perpendicular to the line of
shafting. If it merely rested on its own weight
on the floor, it would be liable in working to be
shaken and drawn backwards and forwards. In
order, therefore, to keep the looms steady, holes
were drilled in the stone floor in the places
where two of the four feet of each loom at
opposite corners would stand. Into each of these
holes was driven a plug of wood so as to fill it up
completely and make a tight fit. Then the loom
was placed in position and brought to a proper
level by thin pieces of wood packed under the
feet, and then a nail about four inches long, in
some cases with a flat head and in others with
hole in the foot of the loom into the wooden plug.
a square bolted head, was driven through the
After the nails had been driven in, the looms
could not be moved without drawing the nails.
But this could easily be done without any serious
injury to the floors. It was not necessary for the
purpose of keeping the looms in their proper
position for working that the nails so driven into
the plugs should have heads.
Spikes without
heads would equally have answered the purpose,
and if such spikes had been used, the looms could
have been lifted up and removed and put back
again without disturbing the spikes. The mort-
gage deed not having been registered under the
Bill of Sales Act, it was contended for the plain-
tiffs that the looms passed to the plaintiffs as
part of the realty. Plaintiffs had a verdict at the
trial for the value of the looms. Defendants,
pursuant to leave reserved, obtained a rule nisi to
enter the verdict for them; but, on cause being
shown, it was admitted on behalf of the defen-
dants that Longbottom v. Berry (22 L. T. Rep.
N. S. 385; L. Rep. 5 Q. B. 123) was an authority
directly against them, and could not be distin-
guished. The rule was accordingly discharged,
and defendants now brought error, with a view
to impeaching the correctness of the decision in
that case, and to establishing that the looms,
being easily removable, and being thus slightly
affixed to the floor, solely for the purpose of
rendering them steady and keeping them in their
place, did not become part of the realty.

Dec. 1 and Feb. 9.-Field, Q.C. (Kemplay, Q.C. with him), for the defendants, contended accordingly.

Cave for the plaintiffs.

Cur, adv. vult.

May 23.-BLACKBURN, J., delivered the judg ment of the court (Kelly, C.B., Blackburn, Mellor, and Hannen, JJ., Channell and Cleasby, BB.)

firming the decision of the court below, and
ciding that the looms passed with the freehold.
Judgment affirmed.

Attorneys for plaintiffs, Jacobs and North.
Attorneys for defendants, W. and J. Flower and

ussey.

Feb 10, and May 23. OCKLE v. SOUTH EASTERN RAILWAY COMPANY. egligence Railway company — Invitation to alight-Train brought to final standstill. HIS was an action for damages for injuries susined by the plaintiff through the negligence of e defendants. The plaintiff was a passenger to eptford, and was travelling in the last carriage f the train. On arriving at Deptford station the ain was stopped short of the usual place, and e carriage in which the plaintiff sat was drawn about four feet from the edge of the platrm, which there receded from the ine of .ils. There was no express invitation given the passengers to alight, nor was any arning given to them. It was dark, and the mps on the platform near the place where the laintiff's carriage was stopped were not lighted. he plaintiff attempted to alight, and in so doing 11 between the carriage and the platform and istained the injuries for which she brought her tion. The jury found a verdict for the plaintiff ith £150 damages, subject to leave reserved to iter a nonsuit if the court should be of opnion at there was no evidence of negligence to go to e jury. In the court below (Common Pleas) the idges were equally divided, and the rule was disharged (22 L. T. Rep. N. S. 513; L. Rep. 5 C. P. 57). This appeal was then brought to the Exhequer Chamber.

consideration of the complaints in order to con-
sult his colleague, Mr. Chance, and allow of Mayo
producing witnesses against the charges, which
he positively denied.

The case was again brought under Mr. Ellison's
notice on this afternoon, when Mayo said the
witness he wished to have present could not be
obtained.

CHORLEY (Henry F.), Esq., 13. Eaton-place, West. Middle-
sex. June 13; Gregory and Co., solicitors, 1, Bedford-row,
W.C.

CLARK (James), 55, Queen-street, Milton, next Gravesend,
Kent, gentleman. June 26; J. Armstrong, 21, Harmer-
street, Gravesend.
COZENS (Elizabeth), 8, Bloomfield-terrace, Pimlico, Middle-
Bex June 30; Parke and Pollock, solicitors, 63, Lincoln's-
inn-fields, W.C.

DARBYSHIRE (Ralph), Esq., 12, Queen Elizabeth-row, Green-
wich, Kent. July 26; Lawrie and Co., solicitors, 2, Dean's-
court, Doctor's-common-, E.C.
DAVIS (Jas.), Bristol, gentleman. July 1; Fry and Otter,
solicitors, Shannon-court, Bristol.

Dow (Jonathan D.), 9, Pembridge-villas, Bayswater,
Middlesex. June 10; J. T. Simpson, solicitor, 62, Moor-
gate-street, E.C.

DUNCAFT (Jas.), Longsight, Lancaster. July 1; Kay and
Son, solicitors, 8, Church-lane, Oldham.
ELLIOTT (John E.), 99, Queen's road, Brighton, timber mer-
chant. July 1; H. Verrall, solicitor, 4, New-road,
Brighton.
FLAXMAN (Ellen), 18A, Albert-terrace, Knightsbridge,
Middlesex. July 15: Lewis and Watson, solicitors, 89,
Gracechurch street, E.C.

Mr. ELLISON said he had fully considered the whole of the facts, and the remarks made by Mr. Mayo in answer thereto. He had consulted Mr. Chance, his colleague, and they both agreed as to the matter. He was obliged to say the opinion formed by Mr. Chance and himself was that the complaints made had been proved, and it only remained to do all in their power to prevent such practices, and to express at the same time, in the strongest possible terms, their abhorrence of such dirty and disreputable practices as those complained of. There was a body, the Law Society, that could go much further than he could, but as far as he and his colleague were concerned they had determined that all steps to prevent such disgraceful practices FREELAND John), 21, Cambridge Gardens, Notting-hill, and should be taken. He had no need to charge the officers of the court to carry out this, for they had already been fully instructed how to act, and to give immediate information to himself or Mr. Chance. He should not now say more, but only repeat his strong condemnation of the practices brought under his notice.

Mayo said he still denied the truth of the statements made, and was proceeding to remark upon them, as upon the last occasion, when

Mr. ELLISON said he had fully listened to the explanation of Mr. Mayo on the last occasion, and that had been duly taken into consideration before the decision had been come to by himself and Mr. Chance. He must decline to hear anything further from Mr. Mayo on the subject.

Gibbons and Macrae Moir were for the plaintiff.
O'Malley, Q.C. and F. M. White for the
efendants. They cited Siner v. Great Western
ailway Company (20 L. T. Rep. N.S. 114; L. Rep.
- Ex. 117); Bridges v. North London Railway UNCLAIMED STOCK AND DIVIDENDS IN THE
ompany (21 L. T. Rep. N.S. 835; L. Rep. 6 Q.B.
77).

The COURT (Cockburn C.J., Blackburn and fellor, JJ., Pigott and Cleasby, BB.), in a condered judgment, affirmed the decision of the ourt below on the ground that where a train is rought to a final standstill under circumstances hich warrant the passenger in the belief that he 3 intended to alight, and therefore can do so ith safety, without any warning of his danger, is is negligence for which an action is aintainable, if there be no contributory negli ence on the part of the passenger. Their Lordhips based their judgment on the principles laid own by the court in Proeger v. The Bristol and xeter Railway Company, to which they alluded s follows:-" The case to which we refer, Praeger . The Bristol and Exeter Railway Company, hough an important one, has not found its way nto the regular reports. It is, however, to be ound in 24 L. T. Rep. N. S. 105, where it is very ully and ably reported." Their Lordships proeeded, "As the case in question has not been generally reported, it may be desirable to repeat he judgments pronounced on the occasion in quesion." They then cited the judgment at length rom the report. Judgment for the plaintiff. Attorney for plaintiff, W. H. Smith, for Fry and Otter, Bristol.

Attorney for defendant, E. P. Cearns.

SOLICITORS' JOURNAL,

LAMBETH POLICE COURT.
Saturday, May 25.

(Before Mr. ELLISON.)
Touting attorneys-Charges proved.
As noticed by us last week, several complaints
were heard before Mr. Ellison of a system of
touting alleged to have been carried on at this
court.

Evidence was given by a man named Hardcastle, who stated that Mr. Mayo, a solicitor, had offered his professional aid to defend him, when he was charged with assaulting his wife. The solicitor, upon being told by the complainant that he had no money, said he would accept an I. O. U. upon his goods and chattels. On the day the complainant was in custody he told Mayo he did not want his services, upon which the latter said he had made out his brief and should expect something for what he had done.

Another man, named Adams, gave evidence as to Mayo tendering his professional aid; and Mr. Ody, a solicitor, related a circumstance in which Mayo took a fee in a case in which he himself had been engaged, the party in the case stating that Mayo had told her Mr. Ody was not coming to the court. Mayo was afterwards sued in the Lambeth County Court for the amount, which he ordered to pay, in addition to costs.

was

Upon the hearing of these matters before Mr. Ellison, Mayo denied the greater portion, and said whatever cases he had he was asked to attend to.

Mr. ELLISON decided to adjourn the further

BANK OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons
respectively whose names are prefixed to each in three
months, unless other claimants sooner appear.]

BURN (Mary Ann), Upper Tulse-hill, Brixton, spinster, £100
New Three per Cent. Annuities. Claimant, Eardley
Nicholas Hall, pursuant to an order of Lord Justice
James, dated April 18, 1872, in the matter of Mary Ann
Burn, spinster, a person of unsound mind.
CULVERHOUSE (Sarah Anne), spinster, CULVERHOUSE
(Emma), spinster, and CULVERHOUSE (Wm.), Esq., all
of Osborne-place, Osborne-street, Whitechapel, 200 Three
per Cent. Annuities. Claimants, the said Sarah Anne
Culvernouse and Emma Culverhouse, spinsters, the sur-
vivors.

DRUCE (Chas.) Esq., Denmark-hill, CANNAN (Herbert
Harris, Basinghall-strees, official assignee, and FULLER
(Thos.), of H.M.'s 18th Hussars, one dividend on the sum
of £2000 Three per Cent. Annuities. Claimant, said Chas.
Drace.

JACKSON (Lient. Col. Basil), Croydon, Surrey, HENDLEY
(Matchian Christopher, Monnt Rivers, Fornby, Ireland,
and HOLT (Vesey Weston, Esq., Pall-mall, Westminster,
one dividend on the sum of £2725 128. New Three per Cent.
Annuities. Claimant, said Vesey Weston Holt.
KITTON (Geo. Rodwell, East Barsham, near Fakenham,
Norfolk, farmer, £97 78. 2d. Three pcr Cent. Annuities.
Claimant. Elizabeth Kitton, spinster, administratrix of
Geo. Rodwell Kitton, deceased."

APPOINTMENTS UNDER THE JOINT-STOCK
WINDING-UP ACTS.

TOWNS DRAINAGE AND SEWAGE UTILIZATION COMPANY.

Creditors to send in by June 28 their names and addresses
and the particulars of their claims, and the names and
addresses of their solicitors, if any, to T. Kennedy, 11,
Old Jewry Chambers, E.C., the official liquidator of the
said company. July 15. at eleven o'clock, as the chambers
of the Master of the Rolls, is the time appointed for hear-
ing and adjudicating upon such claims.
WEST WORTHING INVESTMENT SOCIETY Limited). Creditors
to send in by June 15 their names and addresses, and the
particulars of their claims, and the names and addresses of
their soliciters, if any, to Battock and Eley, 5, Westminster
Chambers, Victoria-street, Westminster, the liquidators of
the said company.

CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOF.

GRAY (Benjamin), jun., 36, Argyll-road, Kensington, Mid-
dlesex, gentleman. July 1 Robinson and Preston,
solicitors, 35, Lincoln's-inn-fields, W.C. July 15; V.C. W.,
at 12 o'clock.

PRANCE (Jas. V.), 69, Lincoln's-inn-fields, W. C., gentleman,
July 1; J. Chapple, solicitors, 25, Carter-lane, E.C. July
10; V.C, W. at twelve o'clock.

TOMLINSON (Wm. B., 97, Talbot-road, Bayswater, gentle-
man. Jure 5; W. W. Cɔmins, solicitor, 84, Great Port-
land-street, Middlesex. June 19; V.C. W. at twelve
o'clock.
WEBB (Jas.), Queen's-road, Norwich, builder. July 1;
Abel Tillet, solicitor, Norwich. July 15; V.C. W. at
twelve o'clock.

WILLIAMS (John), Beaumaris, An leser. June 8; Park
Nelson, solicitor, 11, Essex-street, Strand, W.C. June 15;
V.C. M., at twelve o'clock.

WILSON (Jos.), Church-row, Bethnal-green, Middlesex,
chenille manufacturer. June 21; F. T. Donne, solicitor,
1. Prince's-street, Spitalfields, Middlesex. July 4; V.C. M.,
at twelve o'clock.

CREDITORS UNDER 22 & 23 VICT c. 35.
Last Day of Claim, and to whom Particulars to be sent.
ACKERS (Geo. H.), Esq., 15, Hyde-park-terrace, Middlesex,
and Moreton-hall, Chester. July 1; Milne and Co., solici
tors, 2, Harcourt-buildings, Temple, E.C.
BAAT HAM (Robert). Bridge House, Battersea, Surrey,
Aug. 1; Reed and Lovell, solicitors, 1, Guildhall Chambers.
31, Basinghall-street, E.C.
BARNARD Henry), 210, Brixton-road, Surrey, and 2, Crown-
court, Threadneedle-street, E.C, stock broker, July 15;
Champion add Co., solicitors, 17, Ironmonger-lane, Cheap-
side, E C.

BRENT (Robert), Esq., M.D., Sydney-cottage, Woodbury,
Devon, June 1; Coode and Co., solicitors, 7, B dford-row,
W.C.

CAVE Thos), 19, Bagle-street, Southampton, gentleman.
July 1: Hicknian and Son, solicitors, 7, Albion-place,
Southampton.

FORD (Henry B., 33, Park-street, Bath. July 1; Francis
and Bosanquet, solicitors, 22, Austin-friars, E.C.
FRAMPTON (George), Poole, Dorset, m rchant and ship-
owner. July 1: H. W. Dickinson, solicitor, Poole.
FRANCIS (Wm.), Horsham. Sussex, farmer. June 24;
Medwin and Co., Carfax, Horsham.

1, Gray's-inn-square, Middlesex, solicitor. Aug. 24; T. Bowker, solicitor, 1, Gray's-inn-square. GREVILLE (Georgiana M.), Hi lingdon, Middlesex. June 8; M. and F. Davidson, solicitors, 35, Spring Gardens, S.W. HIBBARD (Chas.', Little Coxwell, Berks, gentleman. July 1; Geo. F. Crowdy, solicitor, Faringdon, Berks. HINRICHSEN (Elizabeth), 16, Highbury New-park, Islington, Middlesex. July 6; Morris and Co., solicitors, 5, Finsburycircus, E.C.

man.

HONYWOOD (Robert), Esq., 9, Waterloo-place, Middlesex.
June 7; Stevens and Bawtree, solicitors, Witham, Essex.
HUGHES (John), Greenfields, Llanelly, Carmarthen, ballast.
July 31; W. Howell, solicitor, 14, Park.street,
Llanelly.
HYETT (Benjamin A.). Cheltenham, gentleman. June 15;
Ticehurst and Son, solicitors Essex-place, Cheltenham.
INCHIQUIN (Rt. Hon, Lucius Baron, Dromoland, Clare.
Aug. 1; J. Maunsell, solicitor. 18, Stephen's - green,
North, Dublin.
JEFFRIES (Emilie H.), Limes, Spring-grove, Isleworth, Mid-
dle ex, gentlemen. June 30; Spyer and Son, solicitors, 1,
Winchester-house, 53A, Old Broad-stseet, E.C.

JONES (George), Ivy-cottage, Oscott, near Birmingham,
ironfounder. July 6; D. Dimbleby, solicitor, 15, Bennett's-
hill, Birmingham.

KENSINGTON (Right Hon. Wm. Lord). July 1; Tatham and Proctor, solicitors, 36, Lincoln's-inn-fields, W.C. KNIGHT (Isabella J.), 17, Piazzi Patti, Florence, Italy. June 30: Currie and Williams, solicitors, 32, Lincoln's-innfields, W.C.

LOE (Geo.), Portsmouth and Wait Land, End Farm, Waterloo, Southampton, coachbuilder and farmer. July 1; Hellard and Son, solicitors, 182, High-street, Portsmonth. MAWLEY (Robert T.), Esq., Richmond, Surrey. June 29; Wilkins and Co., solicitors, 10, St. Swithin's-lane, E.C. MOORE Thos.), Colchester, Essex, wholesale grocer. Sept. 6; J. S. Barnes, Colchester.

MURLEY (Mary A.), 149, Bishopsgate-street Without, E.C., and Guildersfield, Streatham, Surrey. July 20; S. Heath, solicitor, 10, Basinghall-street, E.C.

MURLEY (Silvester), 149, Bishopsgate-street Without, E.C., and Guildersfield, Streatham, Surrey. July 20; S. Heath, 10, Basinghali-street, E,C.

NAILARD (Wm.), Horsebridge-common, Steyning, Sussex, veterinary surgeon. June 24; Medwin and Co., solicitors, Carfax, Horsham.

NEWTON (Nelson N.), Esq., Montague House, Brook-green,
Hammersmith, Middlesex. July 1; T. D. Bolton, solicitor,
4, Elm-court, Temple, E.C.

PAIN (Thos.), Southweald, Essex, horsedealer. June 29; C.
C. Lewis and son, solicitors, 5, Mark-lane, E.C.
PAINTER Chas.) John-street, Lorrimore-road, Kennington,
Surrey, cowkeeper and dairyman. July 15; Champion and
Co., solicitors, 17, Ironmonger-lane, Cheapside, E.C.
RAMSEY (William), Teddington, Middlesex, and Bermond-
sey, Surrey, gentleman. July 1; Bridger and Collins,
solicitors, 37, King William-street, London-bridge, E.C.
RAYMOND Jas.), Esq., Hildersham Ha 1, Cambridge. July
15; J. T. Collin, solicitor, Saffron Walden.
RICKET (Wm., 5, Albert-villas, Clifton-road, South Nor-
wood, Sarrey, and 183, Mde-end-road, Middlesex, grocer.
June 13; T. W. Rogers, solicitor, 7, Fenchurch-street.
E.C.

ROBERTSON Major-Gen. Chas. D.), Pau, France. June 24;
Wing and Du Cane, solicitors, 1, Gray's-inn-square, W.C.
RYMILL (Lonisa), Milbourne Lodge, Upper Riclimond-road,
Putney, Surrey. July 1; Walker and Co., solicitors, 5,
Southampton-street, Bloomsbury, W.C.

SCOTT Catharine), 31, South Front, Branding-place, New-
castle-upon-Tyne. July 1; J. B. Falconar, solicitor, 75,
Clayton-street, Newcastle-upon-Tyne.

SHAW (WI.), Alpha-terrace, Nottingham, and Hyson-green
Works, Nottingham, elastic web manufacturer. July 1;
H. N. Towle, solicitor, 17, Low Pavement, Nottingham,
SHOOLBRED (Alfred), Esq., Tottenham-esirt-road, Middle-
sex, of Surbiton, Surrey, and Warnh m, Sussex. July
$1; J. Mackrell and Co., solicitors, 21, Cannon-street,
E.C.
SLADE (Lieut-General Marcus J.), Elvington-house, Ryde,
Isle of Wight. June 21: Wing and Du Cane, solicitors,

1, Gray's-in-square, W.C.
SLOPER (William). Market Lavington, Wilts, gentleman.
July 1 N. Bennett, solicitor, 4, Furnival's-inn, Hol-
born, W.C.

SMITH William), Bushey, Hertford, surveyor. June 26;
John Basley, Chapel-house, Bushey, Herts.

SMYTH WM., Esq., Little Houghton, Northampton. July
8: Markby and Co., solicitors, 9, New-square, Lincoln's-
inn, W C.

SWIFT (Richard), Esq., 6, Upper Monta me-street, Russell-
square, Middlesex, and Lowcliffe, Chale, Isle of Wight,
and 75, St. John-strect, Smithfield, E.C. June 21; Tucker
and Co., solicitors, 4, King-street, Cheapside, E.C.
THWAYTES Major Henry), Denmark House, Sanlown, Isle
of Wight, Aug. 1; Norris and Sons, solicitors, 2, Bedford-
rew, W.C.

TINNEY (W. H., Esq., Q.C., Snowdenham, Torquay, and
31. Mortagne-place, Middlesex, Auz. 21; Young and Co.,
solicitors, Essex street, Strand, W.C.
TOOTH Edwin F.), Tunbridge Wells, Sussex. June 22; J.
Wheeler, sclicitor, 4, Victoria-stret. Wtminster.
TRETHEWY (Henry), Grampoand, Cornwall, gentleman.
July 1; J. G. Chicott, solicitor, Truro.
(David).
VALENTINE
1, Park-street, Victoria park-road,
South Hackney, Middlesex, drysalter. July 1; W. L.
Jones, solicitor, 19, Spital-square, E.
VANSITTART (Lieut-Colonel Robert), Chuffs, near Maiden-
head. July 24; Markby and Co., solicitors, 9, New-square,
Lincoln's-inn, W.C.

WEBSTER (George), Esq., 73. Upper Gloucester-place,
Dorset-square, Middlesex. July 1; B. F. Watson, solicito.
1. Lincoln's-inn-fields, W,C.

WYNDHAM (Lieut.-Col. Charles), the Tower of T
Middlesex. Aug. 21: Bowker and Freeland, sci
Gray's-inn-square, W.C.

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