LIMITATIONS, STATUTE OF-1. Admission of debt by executrix within six years of filing of creditor's bill-Claim by creditor to payment out of real estate in hands of devisee. Putnam v. Bates 57 2. Fraud-Time begins to run when party acquires knowledge of facts constituting fraud. Blennerhassett v. Day MEDICAL PRACTITIONER-Negligence. See Negligence, 2. 79 MORTGAGE-1. Assignment Payments to mortgagee without notice Allowance by assignee. Williams v. Sorrell 2. 11 Assignment by mortgagee - No notice of assignment given to mortgagor-Subsequent satisfaction of mortgage-Fraud by mortgagor-Delivery up of deeds-Laches--Account. Norrish v. Marshall 36 3. Forfeiture Acquiescence Possession under forfeiture acquiesced in for 17 years-Bill to charge party as mortgagee in possession-Relief against forfeiture created by Act of Parliament. Blennerhassett v. Day. 79 NEGLIGENCE-1. Voluntary undertaking-Misfeasance-Action on Wilkinson v. Coverdale the case. 256 2. Medical man--Misfeasance-Negligent treatment of patient -Suit in case by infant-Absence of contract-Form of action-Alternative remedies. Gladwell v. Steggall 257 And see Solicitor, 3. PARTNERSHIP-Retirement of partner-Rights of creditor-Novation-Acceptance of new firm-Creditor taking bill from continuing partner-Accord and satisfaction. Thompson v. Percival. . 187 PENSION-Assignment-Pension for past services and for supporting grantee in performance of future duties, distinction between. Davis v. Duke of Marlborough PLEADING. See Landlord and Tenant, 1. 29 POOR LAW-1. Overseers-Duty to find work for able-bodied poor out of employment-Legality of relief in any form other than as payment for work done. R. v. Collett 148 2. Rating — Statutory exemption — Lands exempted from “all taxes and assessments whatsoever "-Occupiers of premises built on those lands, whether liable to poor rates. R. v. London Gaslight and Coke Co. 166 POWER - Execution - Power of sale to trustees Sale of estate by trustees and of timber by tenant for life-Non-compliance with condition of power. Cockerell v. Cholmeley. 172 PRACTICE 1. Costs-Creditor's suit-Fund realized by diligence of plaintiff Surplus of assets over debts-Costs of plaintiff Party and party costs payable out of general fund and solicitor and client costs by creditors pro ratâ. Stanton v. Hatfield 70 3. Security for costs-Plaintiff resident out of jurisdiction— Neglect to comply with order-Right of defendant to have bill dismissed. Camac v. Grant 62 PRACTICE-4. Costs-Right to require security of solvent persons -Payment into Court in lieu of security. Cliffe v. Wilkinson . 5. v. Burton 6. 63 Peer, usual security required from. Lord Aldborough 69 Double costs-Whether certificate of Judge or suggestion on record is necessary to entitie defendant to. Finlay v. Seaton 265 And see Discovery. PRINCIPAL AND AGENT. See Ship and Shipping. RATE. See Poor Law, 1; Revenue. RECEIVER-1. Distress for rent - Right to distrain without applying to Court. Brandon v. Brandon 35 2. Neglect to pass accounts and to pay in balances-Deprivation Charge of interest on sums kept in hand. Potts v. of salary Leighton 26 Distinction between an executor and a receiver as to allowances for charges and trouble. Potts v. Leighton 26 3. 4. A receiver appointed by the Court is appointed on behalf of all parties. Davis v. Duke of Marlborough 32 REVENUE—Taxation-Exemption from taxation of lands by public Act passed for private purposes-Whether exempting houses built on same lands from payment of taxes subsequently imposed by public general Act. Perchard v. Heywood 128 SETTLEMENT (VOLUNTARY)-Post-nuptial settlement-Assignment of present and future property - Subsequent legacy to wife — Whether subject to trusts of settlement-Bill to compel husband to perform trusts of settlement dismissed. Holloway v. Headington 75 SHIP AND SHIPPING-Goods-Non-delivery-Goods shipped and freight paid by agent of consignee resident abroad-Right of agent to bring action in his own name for non-delivery. Joseph v. Knox 250 SOLICITOR-1. Lien for costs-Production of documents-Refusal to produce documents on behalf of plaintiff-Order to pay costs occasioned by refusal. Brassington v. Brassington 2. 50 Deed in possession of defendant's solicitor-Production for benefit of third party. Furlong v. Howard 3. Negligence-Preparation of deed-Neglect to procure confirmation of grant from superior. Stevenson v. Rowand 1 STATUTE-Construction-Larceny Act-Import of words: "Adjoin ing any dwelling - house" production." R. v. Hodges And see Poor Law, 2; Revenue. TENANT FOR LIFE-Timber-Interest-Money produced by sale of timber cut by order of Court. Tooker v. Annesley. 64 TRUST-Purchase in name of another-Trust for person advancing money-Presumption-Rebuttal by evidence. Rider v. Kidder . 269 VENDOR AND PURCHASER - Covenant for rent - Sale by person having power of appointment-Purchaser taking by appointment and not by conveyance Heir of purchaser Liability under original vendor's covenant for rent. Roach v. Wadham R.R.-VOL. LIII. - 19 134 WATERCOURSE-Easement-Excessive user-Nuisance-Excess in abatement. Greenslade v. Halliday 241 WILL-1. Accumulation-Direction to accumulate during lifetime of M. J.-M. J. living more than 21 years after death of testator-Destination of income accrued after legal period. O'Neill v. Lucas 72 2. Ambiguity-Extrinsic evidence to explain intention. Colpoys v. Colpoys. time Lowndes Change of name 42 3. Condition 266 WORDS "Adjoining." "Plant." See Statute. "Vegetable production." WRIT OF RIGHT- Change of name - Condition in will Change within reasonable time - Necessity of application for Royal sign manual. Davies v. Lowndes 266 BRADBURY AGNEW & CO. LD., PRINTERS, LONTON AND TONBRIDGE. Page 208, head-note, last line but one, for "B.'s land" read "R.'s land.” The error occurs in the original report. Burdett v. Abbot, 12 R. R. at p. 468, as to a probable mistake in the original report here see 52 R. R. 341, note (10). 41 R. R. 30, footnote (1), for "195 2 Q. B." read “[1895] 2 Q. B.” 42 R. R. 598, footnote, line 2, for “5 C. C. & F." read "5 Cl. & F." b R.R.-VOL. LIII. |