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THE LAW TIMES:

THE

JOURNAL AND RECORD

OF

THE LAW AND THE LAWYERS.

FROM MAY TO OCTOBER 1872.

VOLUME LIII.

LONDON:

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

LAW TIMES,

1872.

1.4 FEB 1962

LIBRARY

LONDON:

PRINTED AND PUBLISHED BY HORACE COX, AT THE

LAW TIMES OFFICE, WELLINGTON-STREET, STRAND.

INDEX TO NOTES OF

THE WEEK.

Accidental and Marine Insurance Corporation
(Limited), re The; ex parte The Briton Medical
and General Life Association, 254
Addison v. Cox, 176

NAMES OF CASES.

Contract Corporation (Limited), (Gooch's Case); | Harrison . Garthorn, 44
re The, 256

Contract Corporation, re The (Forbes Case), 7
Cook (app.) v. Montagu (resp.), 10

Alchin's Trusts, re; ex parte Furley; ex parte Cook v. The Scottish Equitable Life Assurance
The Earl of Romney and others, 158
Alexander v. Campbell, 235

Allgood and others v. Frederick Blake; Roach
and others v. the same; Clennell v. the same;
Reed . the same; Allgood and others v. Francis
D. Blake, 136

Ambler v. Bolton, 235

An Articled Clerk, re, 122

An Attorney, re, 122

Anderson v. Shaw, 85

Andrews v. Styrap, 29

Anthony v. The Brecon Markets Company, 160
Arcedeckne v. Lord Howard, 215

Arden and another v. Wilson (Bart.), 120
Aspline. Rose, 158

Attorney-General v. Great Western Railway Com-
pany, 257, 274

Auckland, Lord v. The Westminster District
Board of Works, 81

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Society, 8, 101
Cope v. Barber, 120
Corell v. Corell, 137
Cornwall v. Hawkins, 9

Cork and Youghal Railway Company, re (Ronan's
case), 254

Cory v. Church wardens of Greenwich, 120
Coston v. Blackburn, 102

Coulson v. Tyrell, 158

Cresswell v. Crowdy, 28

Crosby v. Crosby, 158

Harvey v. Wilde, 256

Hastings, In the Goods of Elizabeth L., Lady, 12
Hawkins v. Hawkins, 159
Hayward v. Pile, 156
Heasman v. Pearse, 174
Hedges v. Tagg, 121
Heilbert v. Hickson, 197

Henry, ex parte; re Johnstone, 254
Henwood v. Harrison, 198

Hercules Insurance Company (Limited), re The
(How's case), 118, 195

Hext v. Gill, 235

Higginbotham v. Hawkins, 234

Hill v. Hibbitt, 257

Hirst v. Denham, 158

Cull (app.) v. Austin (resp.); Austin (app.) v. Hodge, ex parte; re Hatton, 254

Cull (resp.), 120

Curteis's Trust Fund, re, 196

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Holland and another v. Hodgson and another, 86
Hope, Berjamin, re, 100, 273

Hooper v. Gumm; McLellum v. Gumm, 7
Hookham v. Pottage, 118

Hore, ex parte; re Lord, 195

Horne and another v. Midland Counties Railway
Company, 120

Hugo v. Williams, 83

Hutchinson v. The Metropolitan District Railway
Company, 234

Imperial Land Company of Marseilles, re The
(Lewis Harris's case), 81

Imperial Wine Company, re (Shirriff's claim), 175
India and London Life Assurance Company, re
The, 100

Ionides v. Pender, 122

East London Water Works Company, ex parte, Jackson, ex parte; re Jackson, 254

The, 9

Edwards . Coombe, 121

Elliott (app.) v. Majendie (resp.), 27
Espley v. Wilkes, 176

European Assurance Society, re The, 7
Evans' Trusts, re, 100
Everingham v. Ivatt, 196

Brassey v. St. Thomas's Floating Dock Company Ex parte Davis; Re Davis, 156
(Limited), 236

Bray v. Biggs, 26

Brecon Markets Company v. Neath and Brecon

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Ex parte Fisher, Re Ash, 156
Fisher v. Webster, 119

Fitzhardinge (Lord) v. Gloucester and Berkeley
Canal Company, 119
Ford v. Foster, 117
Ford v. Tynte, 236
Fowler v. Hollins, 137
Fowler v. Lock, 30

Frampton and others, v. Brown and others, 86
Fraser v. The Telegraph Construction Company, 84
Frith v. The Queen, 121

| Fruit, &c., one of the Solicitors, &c., Re, 81
Fussell v. Dowding, 215

Garland v. Jacomb, 105

Garrett, T., In the Goods of, 198

Buccleuch, Duke of, v. Metropolitan Board of Gaslight and Coke Company v. Vestry of St.
Works, 6

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Jackson v. Fleeman, 12

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Liebert and Rogerson, re, 13

Liver Alkali Works Company (Limited), The, v.
Johnson, 11

Liverpool Loan Company (Limited), ex parte The ;-
re Bullen, 255
Liverpool Marine Credit Company (Limited), The,
v. Wilson, 81
Locking v. Parker, 82
London and Mediterranean Bank (Limited), re
The; ex parte The Official Liquidators, and ex
parte The Nantes Refinery Company (Limited),
27
London and North-Western Railway Company,
The (apps.), v. Hallewall and wife (resps.), 29
London and North-Western Railway Company, re
The, 118

London and South-Western Railway Company v.
James, 216

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Preston v. The Corporation of Great Yarmouth, | Somerville, ex parte; re Fitze, 105

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Mercers' Company, The, v. The Metropolitan Rainy v. Ellis, 26, 254
Board of Works, 8

Merry v. Nickalls, 255

Metropolitan Public Carriage and Repository
Company (Limited),re The; ex parte Cleland, 196
Meyricke Fund, re The, 80

Mildmay and others (app.) v. The Parish of
Wimbledon (resps.), 103

Millner's Estate, re, 176

Monsell v. Armstrong, 216

Morgan v. Steble and another, 197

Morris v. Morris, 196

Rajah, The, 217

Reg. v. Armitage and Beaumont, 197
Reg. v. Aylesford Union, 10
Reg. v. Mussett, 10
Reg. v. Strachan, 27

Reg. v. The Justices of Middlesex, 102
Reg. v. The Mayor of London, 102

Reg. v. The Vice-Chancellor and the Hebdomadal
Council of the University of Oxford, 28
Republic of Peru, The v. Weguelin and others, 104
Revell v. Blake, 30

Moss v. The Mersey Docks and Harbour Com- Ridge's Trusts, Re, 195
pany, 9

Motion v. Moojen, 158

Moufflet v. Cole, 160

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Ring v. Jarman, 255
Roberts v. Crowe, 121

Robey and Co.'s Perseverance Iron Works
(Limited) v. Ollier, 234

Ross (app.) v. Fedden and another (resps.), 119

Savage's Trusts, Re, 257

Stanley of Alderley's (Lord) Estates, re, 118
Stanton v. Richardson; Richardson v. Stanton, 120
Starr v. Trinder, 104
Steel v. Branner, 11
Stephenson v. Strutt, 119
Stockley v. Shopland, 85
Stooke v. Stooke, 100
Stott v. Fladgate, 159
Swarbrick v. Learoyd, 175

Taubman v. The Pacific Steam Navigation Co., 11
Taylor's Settled Estates, re, 236

Teignmouth and General Mutual Shipping As
surance Association, re the; Martin's Claim, 9
Thomas v. Caddick, 7

Thomas v. Howell and others, 256

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Scales v. London and South-Western Railway Wakeham, In the Goods of, 31
Company, 44

Scarlet, In the goods of, 236

Scott v. Maxwell, 157

Ward v. Lawson, 157
Ward's Trusts; re, 255

Watkins v. Davies, 104

Seymour v. London and Provincial Marine Insur- Wells v. Abrahams, 28

ance Company, 104

Seymour v. Saunders, 121
Shacklock v. Jarvis, 26

Sheffield Waterworks Company v. Bennett, 171

Simpkin (app.) v. The Justices of Birmingham
(resps.), 10

Simpson v. Ingleby, 235

Skinner (app.) v. Usher (resp.), 27
Smith v. Adkins, 82

Smith ex parte; re Angerstein, 195
Smith v. Darby, 102

Smith v. Fletcher and others, 159
Smith's Trust, re, 101

Snowball, ex parte; re Douglas, 100

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Administration suits, 254

Administrator-Liability of executor to account
for profits of testator's estate while employed in
business, 83

Admiralty Court, Jurisdiction of-Personal in-
jury, 160

Advowson-Sequestration, 159
Affidavit, Insufficiency of, 9
Annuity-Assessment of value, 254
Ante-nuptial promise by letter, 117
A peal for enlargement of time, 7
peal from part of order, 255

Appointment, power of, 8

Army, promotion in-Discretionary power to raise
money for, 255

Articled clerk, notice by, of intention to apply for
admission to practice, 122

Attorney, breach of duty by, 197

Attorney-Using of false testimonials by, 122
Attorney's lien on judgment, 10

Auction-Sale by-Incorrect description, 83
Award-Costs of person not a party, 85

BANKRUPTCY:

Act of Bankruptcy-Assignment of whole
of debtor's property to secure past debt
and small present advance, 156
After acquired property-Assignment of
License to seize, 45

Fraud-Attorney ordered to pay costs, 120
Fraudulent preference, 13, 195
Composition Non-payment

Right of
creditor to sue at law for full debt, 121,

254
Debtor's summons-Power of court to dismiss,
105

Bankrupt-Examination of, 195
Inspectorship deed-Interest accruing sub-
sequent to-Secured creditor, 257
Liquidation-Resolutions to transfer pro-
ceedings-Affidavit of proxies, 156
Member of Parliament-Bankruptcy of. 100
Liquidation by arrangement-Petition for, 29
Liquidation-Sale of debt to person whose
affairs under liquidation, 103
Property reverting to bankrupt, 63
Prosecution of bankrupt, 117
Secured creditor, 273

Trader and non-trader, 30
Uncertificated bankrupt-Right to file a bill
in equity-Fraud and conspiracy, 158
Bastardy order, 197

Bill of exchange drawn by a firm of attorneys-
Endorsement, 105

Bills of exchange-Separate actions against
defendant on different bills, 12

Bill of lading-Collusive transfer of property,

197

Bills of lading-Priority of holders, 82

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Transferee-Non-payment by, 121
Transferor-Liability of company, 195
Winding-up-Acceptance of shares, 8
Winding-up-Call to equalise shares, 83
Winding-up proceedings- Motion to stay
pending Bill in Parliament, 7

Winding-up - Promissory note to secure
balance at bank, 156
Winding-up-Proof of claim by manager
under articles of association, 175
Winding-up Proof of claim-Statute of
Limitations, 156

-

Winding-up-Statute of Limitations, 26
Winding-up-Summons to vary certificate, 27
Compensation-Award-Admissibility of umpire's
evidence-Lands injuriously affected, 6
Congregation, members of-Nominal occupation
of rooms, 28

Consignor and consignee-Bills of exchange drawn
against cargo-Lien on cargo, 234
Contract-Acceptance by post letter, 81
Contract, breach of-Injunction, 9
Copyhold-Enfranchisement-Compensation, 120
Copyright-Title of publication, 235
Copyright-Tradesmen's advertisements - Fur-
nishing guide, 157

Corporation-Mortgage of rates - Suit for im-
mediate payment, 156

Costs, indemnity by solicitor against, 81
Costs-Mandamus to master to tax, 119
Costs of petition, 100

Costs-Taxing on common law scale, 257
Costs-Trespass to land and obstruction of light,

85

Costs-Unsuccessful application-Default in pay-
ment, 100

Costs-Witness residing abroad, 121
Co-sureties on promissory note-Agreement to
share liability equally, 215

County Court judge-Non-production of notes, 85
County Court judge, rule against a - Nonsuit
without plaintiff's consent, 28
Cross limitations, 195

Covenant, breach of, 160

Injunction to restrain actions against railway
company as shipowners-Special contract, 217
Injury to land-Compensation-Public user, 104
Inspection, costs of order, 104
Interrogatories, attachment for not answering, 102
Judicial separation-Bequest to married woman
for her separate use without power of anticipa-
tion, 175

Judicial separation-Permanent alimony, 137

Land, compulsory purchase of-Payment into
court, 118

Landlord and tenant-Ejectment, 136

Landlord and tenant-Removal of turf from land
by tenant, 102

Landlords' Property Tax, 86
Landowner-Notice to treat, 254

Lands, taking by company-Liability to make
good deficiency in rates, 11

Law, suit to restrain proceedings at, 102
Lessee, claim by, for injury to trade, 234
London agent, liability to account to country soli-
citor, 157

Libel-Privilege, 198

Libel-Privileged occasion, 103

Licence for entertainments-Music without danc-
ing, 136

Lord of manor-Claim to fine, 196
Lunatic executrix, 236

Lunatic, maintenance of-Order of justices, 136

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Covenant, not to assign the demised premises, Master's wages-Necessaries-Priority of lien, 13
breach of, 103

Damages, measure of, 85

Broker, liability of, in forming opinion of quality Debtor remaining abroad-Assignment of Part-
of goods, 137
Building society, loan by, 257

Cab laws-Plying for hire elsewhere than at an
appointed stand, 27

Carrier by sea making special contract for wilful
neglect of servants-Liability, 11
Carriers by railway-Loss of animal through in-
herent vice, 104

Carriers of animals, liability of, 122

Cause of action, within the jurisdiction, 85
Certiorari-Conviction for malicious injury, 10
Charitable bequests, 117

Charitable gift-Insufficient description, 158
Charity-Scholarship, 255
CHARTER-PARTY-

Action for breach of, 28

Agent-Cesser of liability clause, 10
Dangers of sea during voyage, 44

Obligation to carry cargo of sugar, 120
Children, gift to, contingently on attaining
twenty-one, 195

China clay a mineral, 235

Coining silver bullion of subjects-Duty of Sove-
reign, 119

Common carrier, liability of, 11

Company-Land taken by-Petition for payment
of deposit out of court, 9

COMPANY-

Allotment of shares, 236

nership, 100

Deed-Suit by grantor's assignee in bankruptcy
to set aside, 175

Demurrer-Order for transfer of cause, 157
Demurrer-Want of equity, 159
Devise-Ultimate limitation, 63
Directors-Indictment for libel against, 27
Discovery-Privilege, 30

Documents in possession of late solicitor-Solici.
tor's lien-Production, 9

Endowed schools commissioners-Jurisdiction, 80
Equitable mortgages-Priority, 176
Estoppel-Inaccurate statement intended to be
acted upon, 44

10

Excise Licence-Special Sessions-New tenant,
Execution-Right of creditor to take separate
assets, 254

Execution-Seizure and sale, 255

Executors de son tort-Suit by, for their accounts
to be taken, 216
Executors-Judgment against, 256

Foreign State-Contract with, 117

Fraud in contract-Cotton bought from fraudu.
lent holder, 137

Frauds, statute of-Note or memorandum in
writing, 160

Freight, claim for-Breach of charter-party, 217
Amalgamated companies-Power of court to Friendly society-Withholding moneys of-Fraud,

remove liquidators, 26

Directors-Qualification, 8

"In cash "-Payment for shares, 196
Infant transferees, 256

Jobber, liability of Transfer of shares to
infant, 255

Mining company-Motion to restrain sale of
shares, 27

Misrepresentation of fact-Directors, 273
Novation of contract, 100

121

General average-Foreign adjustment-Bottomry.
bond-Law of Bremen, 104
General line of buildings-District Board of
Works, 81

Guarantee-Condition, the withdrawal of a peti-
tion in Chancery for liquidation, 12
Gunpowder magazine without lightning conduc-
tor, 27

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Obscene book-Report of a trial. 11
Offertory-Right of priest celebrating Divine
Service to collect, 120

Ownership, insufficient assertion of, 274
Parliamentary election - Borough vote - Poor
rates paid in arrear, 120
Parol trust, 101

Partnership-Account-Unassignable contract-
Valuation, 235

Partnership-Dissolution of, 26
Partnership-Dissolution of-Right to use name
of old firm by each partner setting up separate
business, 118

Partnership-Promissory note, 63
Payment into court, 236, 273
Personation of examinant by attorney, 122
Petition of right-Claim against the Indian
Government-Demurrer, 121
Petition-Separate examination dispensed with, 8
Petition, title of, 235

Pollution of stream-Consequential damage, 101
Power, defective execution of aided, 216

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