INDEX.

ARBITRATION—1. Award — Finality — Finding against plaintiff—
No decision as to defendant's claim to set-off-Costs, defendant's right
to recover. Duckworth v. Harrison.

671

2.
Question for opinion of Court - Possible reduction of
damages-Motion to enter judgment for smaller sum-In effect motion
to set aside award-Time for making motion. Anderson v. Fuller 689
3. Reference agreeing to be bound by award "of the said
two arbitrators and their umpire "-Award by two arbitrators only-
Two issues found for plaintiff and one for defendant-Direction as to
costs-Validity. Hetherington v. Robinson

---

. 737

4. Submission Reference abortive Neglect of plaintiff's
solicitor to deliver order of reference-Second trial-Irregular attempt
to try cause again-Waiver. Hall v. Rouse.

449

ARREST-Privilege-Page of the presence in ordinary to the Queen.
Reynolds v. Pocock

ASSETS Marshalling. See Executor and Administrator, 4.

ASSIGNMENT, of lease. See Landlord and Tenant, 3.

632

BANKRUPTCY-1. Creditor's deed - Covenant by debtor to sell
estates if debts unpaid by given day-Personal undertaking-No lien
on debtor's lands. Berrington v. Evans.

395

2. Fraudulent preference-Transfer of goods to creditor-Bonâ
fide demand-Voluntary transfer-Absence of pressure by creditor.
Mogg v. Baker
624

3. Sale of goods by insolvent-Receipt of proceeds by
insolvent's solicitor-Part of proceeds retained as against assignees by
solicitor on account of costs-Voluntary payment. Wainwright v. Clement

638

4. Property of bankrupt - Interest on fund left in trust for
maintenance of bankrupt-Discretion of trustees. Twopeny v. Peyton

5.

6.

301

Gift over to wife and children on alienation or bank-
ruptcy. Godden v. Crowhurst.
332
Builder-Building materials delivered at building and
returned to builder's shop for alteration-Re-delivery at building—
Materials retained by owners of building contracted for as against
trustees Conversion Recovery by assignees in trover. Tripp v.
Armitage
762

-

7. Knowledge of insolvency - Declarations of bankrupt. See
Evidence, 2.

BILL OF EXCHANGE AND PROMISSORY NOTE-1. Alteration
of bill after acceptance-Addition of particular place of payment.
Calvert v. Baker
663
2. Presentment for acceptance-Reasonable time-Bill drawn in
Newfoundland and presented in England three months after date.
Straker v. Graham

-

-

783

3. Promissory note - Indefinite document - Promise to pay
specified sum and "all fines according to rule." Ayrey v. Fearnsides 515

CANAL-Construction Statutory authority-No time specified for
completion of work-Presumption of intention of Legislature to restrict
execution of work within reasonable time-Abandonment of powers.
Thicknesse V. Lancaster Canal Co.
692

CARRIER-Railway company- Damage to goods carried-Notice of
action Provisions of special Act-Limitation of liability-Notice on
ticket-Evidence of delivery of ticket. Palmer v. Grand Junction Ry. Co.
895

CHARITY AND CHARITABLE TRUST 1. Administration
Several parties claiming adversely - Jurisdiction of Court under
52 Geo. III. c. 101. In re West Retford Church Lands

2.

. 213
Jurisdiction of Court under 52 Geo. III. c. 101, to order
transfer of funds from dispensary to hospital and amalgamate the two
institutions. In re Reading Dispensary.

. 216

3. Bequest of money in trust towards defraying cost of building
church-Statute of Mortmain. Dicon v. Butler

CLAYTON'S CASE, rule in. See Partnership, 5.

COMPANY

-

435

Banking company Suit by shareholder against
registered public officer- Plaintiff induced to purchase shares by
Parties Public officer

fraudulent misrepresentation of directors
wrongly joined. Seddon v. Connell

And see Ejectment.

209

CONFLICT OF LAWS-1. Legitimacy-Scottish marriage-Ante-
nuptial child-Child born in England-Domicil-Foreign nationality-
Inheritance of land in Scotland. Countess of Dalhousie v. M'Douall, 86;
Munro v. Munro.

2.

-

103

Ante-nuptial child Child born in Scotland and
legitimate by law of that country-Inheritance of land-Statute of Mer-
ton-Conditions of inheriting realty in England. Birtwhistle v. Vardill 139
3. Domicil-Domicil of origin prevails until clearly abandoned
-New domicil, how acquired. Countess of Dalhousie v. M'Douall, 86;
Munro v. Munro

4.

103

Wife acquires husband's domicil by marriage. Countess
of Dalhousie v. M'Douall

86
CONTRACT-1. Action on agreement-Parties-Partial failure of
consideration-Consideration not moving from plaintiff alone-Necessity
of all parties to agreement of first part joining in action. Chanter v.
Leese .

2. Advertisement-Loss of bank-notes-Offer of reward-Who
entitled to reward-Communication of information. Lancaster v. Walsh 441
3. Execution on Sunday-Contract not made in exercise of
ordinary calling-Sunday Observance Act. Scarfe v. Morgan .

568

CONTRACT-4. Illegal agreement Agreement to abandon petition
against return of member of Parliament in consideration of sum of
money. Coppock v. Bower

627

And see Infant; Master and Servant; Vendor and Purchaser.
CONVERSION-Contract for sale of land to be completed at future
date-Death of vendor before completion-Right of heir to intermediate
rents. Shadforth v. Temple

And see Will, 9.

230

CORPORATION-Bye-law ordering distribution of rents arising
from enclosed lands among twelve senior burgesses-Non-payment-
Action of debt-Plea of application of rents to answer debts due from
corporation-Validity of bye-law- - Action, whether maintainable.
Hopkins v. Mayor of Swansea
739

-

COSTS. See Arbitration, 1; Mortgage, 4, 6; Practice,
Solicitor, 4.

2-4;

COVENANT-Covenant to pay debt due to firm-Payments made by
covenantor to new firm after death or retirement of all original members
-Whether satisfaction of money due on covenant. Jones v. Maund
384

CRIMINAL LAW-Felony-Forfeiture. See Mortgage, 2.

CUSTOM-City of London-Custom for deputy day meters to unload
oysters within port of London-Scale of payment-Liability of meters
to provide sufficient number of men for work-Evidence. Laybourn v.
Crisp
607

DEFAMATION-1. Newspaper libels-Successive libels-Reiteration
of previous statements-Separate counts-Charge of misconduct.
Hughes v. Rees

533

2. Solicitor-Allegation that plaintiff guilty of sharp practice in
his profession-Innuendo-"An honest lawyer "-Ironical use of term.
Boydell v. Jones
. 676

DISCOVERY-1. Production of documents-Claim of professional
privilege-Letters written by defendant's solicitor to one of defendant's
witnesses. Corporation of Dartmouth v. Holdsworth

299

2. Pleading Parties-Demurrer-Foreign Sovereign-A bill of
discovery in equity in aid of a defence to an action at law. Queen of
Portugal v. Glyn

3. Inspection of books of firm. See Partnership, 1.
And see Solicitor, 4.

36

DISTRESS-1. Land tax-Breaking open doors-No constable present
-38 Geo. III. c. 5, s. 17. Foss v. Racine

665

EASEMENT-1. Right of way User of road for certain purposes
only-No evidence of right of way for all purposes-Pleading.
v. Higginson

2.

Cowling

555

Parol licence-Right of grantor to determine at any
time while licence remains executory-Sale of land by grantor-Notice
of transfer of property-Trespass. Wallis v. Harrison

715

EASEMENT-3. Right of way--Prescription-Continuous enjoyment
of right for 20 years-Unity of possession-Construction of Prescription
Act. Onley v. Gardiner
. 704

4.

Pleading-Replication of leave and licence
Necessity of showing licence co-extensive with right claimed. Colchester
v. Roberts

. 814

-

Ejectment
Francis

against company - Lessor a member of defendant company.
v. Doe d. Harvey

ESTOPPEL. See Ejectment.

616

EVIDENCE-1. Custom-Scale of payment for performance of
customary duties - Decree of court of equity in cause between third
parties touching same right-Production of depositions referred to in
decree. Laybourn v. Crisp
607
2. Evidence to prove knowledge of insolvency-Declarations of
bankrupt. Thomas v. Connell.
565
3. Illegal agreement-Production of unstamped agreement for
purpose of proving illegality of transaction. Coppock v. Bower 627
4. Statement of account signed by bankrupt-Document dated
prior to bankruptcy-Evidence as against assignees-Proof of date.
Sinclair v. Baggaley.
601

-

5. Witness Cross-examination Competency of question
Question leading to new collateral inquiry not affecting issue or testing
credit of witness. Tennant v. Hamilton.

EXECUTOR AND ADMINISTRATOR-1. Administration-Adminis-
tration suit-Creditors-Priorities-Creditor's deed-Covenant to sell
estates if debts unpaid by given day-Personal undertaking giving no
lien on debtor's lands. Berrington v. Evans .
395

2.

Debt due from English firm to estate of deceased foreigner
-Foreign administrator-Appointment of English attorney to recover
debt-Letters of administration granted to attorney, limited to receive
debt until plaintiff should obtain administration— Capacity of Spanish
administrator to give receipt for debt collected. De la Viesca v. Lubbock
326

3. Breach of trust-Misapplication of funds by co-executor
-Share of residue-Payment to married woman-Consent of husband.
Moses v. Levi
. 389

4.

Assets-Marshalling-Heir devisee, right of pecuniary
legatees to have assets marshalled as against-Inheritance Act (3 & 4
Will. IV. c. 106, s. 3). Strickland v. Strickland
270

5.

Authority to employ assets in testator's late business
on taking specified security-Neglect to take security directed-Pay-
ment into Court of amount of assets so employed. Costeker v. Horror 400
Executor de son tort-Receipt of debt due to estate for
purpose of providing for funeral. Camden v. Fletcher.

6.

7.

Funeral expenses of lunatic, payment of. See Lunacy.

636

FAMILY ARRANGEMENT-Covenant between father and son-

Consideration-Fraud-Illegality-Champerty-Maintenance. Persse V.

Persse

22

FIXTURES-Mortgage-Bankruptcy of lessee for years-Case by
mortgagee as reversioner against assignee of tenant for fixtures
removed. Hitchman v. Walton

656

FRAUD AND MISREPRESENTATION-1. Suit to set aside fraudu-
lent transaction-Parties. See Solicitor, 2.

2. Conspiracy by contracting party to frustrate contract-Subse-
quent acceptance of performance by other party. See Master and
Servant.

And see Insurance (Marine); Vendor and Purchaser, 3.

GOODS, SALE OF. See Sale of Goods.

HUSBAND AND WIFE-1. Children-Legitimacy-Scottish marriage
-Previously born children-Child born in England-Domicil-Foreign
nationality. Countess of Dalhousie v. M'Douall, 86; Munro v. Munro. 103
Legitimacy-Ante-nuptial child born in Scotland and
legitimate by law of that country-Inheritance of land in England.
Birtwhistle v. Vardill.

2.

139

3. Domicil Wife acquires husband's domicil by marriage.
Countess of Dalhousie v. M'Douall

86
4. Separation deed-Covenant by husband to pay annuity during
wife's life-Consideration--Enforcement against husband's executors
after his death. Clough v. Lambert
227

5. Wife's property-Wife living apart from husband-Money
saved by wife out of income of separate property-Claim by husband in
his marital right. Molony v. Kennedy

236

INFANT-1. Necessaries-Infant in receipt of income sufficient for
purchase of necessaries for cash. Burghart v. Hall

788

2. Maintenance. See Will, 19–21.

And see Husband and Wife, 1, 2.

INSURANCE (LIFE)-Policy-Fraud-Policy not primâ facie void—
Bill in equity to have policy delivered up to be cancelled. Fenn v. Craig
365
INSURANCE (MARINE)—Loss-Adjustment-Settlement in account
between broker and underwriter - Custom Authority of brokers.
Memorandum on credit note-No implied promise to settle loss in cash.
Stewart v. Aberdein

536

JURISDICTION-Foreign prince-Suit in English court of law—
Jurisdiction of court of equity. Rothschild v. Queen of Portugal.. 411
LANDLORD AND TENANT-1. Distress for rent Fraudulent
removal of goods—Action for double value-Plea of not guilty. Jones v.
Williams
633

2. Ejectment-Disputing landlord's title-Estoppel-Ejectment
against company-Lessor a member of defendant company. Francis v.
Doe d. Harvey

616

3. Lease, assignment of-Assignee of equitable term-Fraud-
Assignment to person in poor circumstances made in order to avoid
payment of sum payable under original agreement. Fagg v. Dobie 342

4. Parish officers-Agreement for lease of premises to overseers
for use as workhouse-Lease not executed-Occupation and payment of
rent-Agreement operating as actual demise-Liability of overseers for
non-repair of premises. Alderman v. Neate.
. 775