POOR LAW-3. Order of removal-Lunatic pauper-Unemancipated
child-Removability-Derivative settlement-Settlement of father-
Poor Removal Act, 1846 (9 & 10 Vict. c. 66), s. 1. R. v. St. Ann,
Blackfriars
630

4.

Settlement-Apprentice-Execution of and consent to
indenture of apprenticeship-Presumption-Regulations of Poor Law
Commissioners. R. v. Inhabitants of St. Mary Magdalen, Bermondsey 822
5. Settlement by estate-Unemancipated family-Derivative
settlement-Extinction of husband's settlement-Desertion of wife and
children-Held that wife and children lost their settlement in parish
where husband gained settlement by estate, which was extinguished
by non-residence within ten miles, and that they were not removable
to wife's maiden settlement. R. v. Inhabitants of Llansaintffraid . 817

Docks

-

6. Rating - Property rateable
Exemption Public
purposes-Statutory trustees-Property held rateable. Birkenhead Dock
Trustees v. Birkenhead Overseers

7.

475

Normal and model school-Exemption—Lands
purchased and expenses partly met out of public funds-Beneficial
Occupation-Property held rateable. R. v. Temple

. 484

PORTION—1. Advancement-Marriage settlement-Maintenance of
children-Wife's income-Restraint on anticipation. See Husband and
Wife, 2.

2. Limits of accumulation-Direction to accumulate fund for
payment of portions charged on settled estates-Interest of parent
under "such conveyance settlement or devise "-Intention-Construc-
tion of Thellusson Act. Viscount Barrington v. Liddell

And see Will, 18.

179

POWER-Execution-Appointment of real estate-Execution by will
not referring to power-Observations on the operation of the Wills
Act, 1837 (1 Vict. c. 26), on devises in execution of powers.
Currie

Lake v.

PRACTICE — 1. Dismissal of bill does not prejudice right to file
another for same purpose under different circumstances. Liverpool
Corporation v. Chorley Waterworks

347

2. Revivor-Suit for specific performance-Death of defendant
after report in favour of title-Motion by executors and devisees in
trust for revivor or dismissal of suit-Order that bill be dismissed if
not revived within six weeks. Norton v. White

. . 285

PRINCIPAL AND AGENT-1. Account-Bill for account by prin-
cipal against agent not necessary where only one transaction and no
suggestion of fraud. Navulshaw v. Brownrigg

156

2. Factor-Authority to pledge goods-Notice-Protection of
pledgee acting bona fide-Factors Act. Navulshaw v. Brownrigg

3. To deprive pledgee of protection of Factors Act, he must
be fixed with knowledge that agent is acting mala fide-Mere suspicion
does not amount to notice-Knowledge that agent has power to sell
goods does not constitute notice that he has no authority to pledge.
Navulshaw v. Brownrigg.

156

PRINCIPAL AND SURETY-1. Contribution between co-sureties-
Provisional committee-Liability of members on contract-Payment of
debt by one co-contractor-Proportional liability of each co-contractor
for contribution-Liability of estates of deceased co-contractor. Batard
v. Hawes
550

PRINCIPAL AND SURETY-2. Joint note-Request by holder that
surety would join principal in new joint and several note-Letter from
surety's solicitor stating that surety would in a few days pay amount
due on joint security-Held that surety had not made himself severally
liable. Jones v. Beach

. 358

3. Discharge of surety-Giving time to principal-Joint and
several promissory note-Absence of consideration. Manley v. Boycot
421

S.P. Smith v. James

424, n.

RAILWAY-1. Construction of works-Deviation from level of line
-Turnpike road-Bridge carrying road over line-Ascent of bridge-
Gradient greater than one in thirty-Mandamus-Construction of s. 16
of Railways Clauses Act, 1845. R. v. East and West India Docks, &c.
Rail. Co.
648

2. Duty and authority of general superintendent-Refusal to
deliver up goods-Conversion. Giles v. Taff Vale Rail. Co.

3. Liability as carriers. See Carrier.

832

RATE—1. Lighting rate-Exemption Statutory exemption held to
apply only to exemptions in respect of nature of property-Not to pro-
perty exempt under local Act in respect merely of locality. Tait v.
Carlisle Local Board of Health, 667; Chelmsford Guardians v. Chelmsford Local
Board
673, n.

2. Poor rate. See Poor Law, 6, 7.

RECEIVER Mortgaged property-Mortgagee not in possession-
Judgment creditors-Writs of elegit-Sheriff not able to take possession
owing to prior mortgages-Receiver appointed without prejudice to
rights of mortgagees. Rhodes v. Lord Mostyn

REMOTENESS. See Perpetuity.

966

RESTRAINT OF TRADE-Covenant-Sale of business-"Carrying
on business" within prohibited district, what is. See Contract, 5, 6.
REVENUE-Land tax-Assessment-Mode of assessing parishes and
places within division-Fixed quota levied on parish for 150 years-
Continuance of same quota by Commissioners. R. v. Commissioners of
Land Tax

759

SALE OF GOODS-1. Contract Construction · - Short delivery —
Sale of cargo by reference to bill of lading-Bill of lading conclusive as
to quantity-Buyer held not entitled to recover for short delivery.
Covas v. Bingham
842

2. Implied warranty-Latent defect-Sale of bill of exchange-
Unstamped bill sold as foreign bill-Bill afterwards found to have been
drawn in this country-Failure of consideration-Innocent seller-
Recovery of money paid. Gompertz v. Bartlett

. 851

3. Delivery Carrier-Action for price-Evidence of acceptance
and actual receipt of goods-Statute of Frauds. Meredith v. Meigh 603
SETTLEMENT-1. Construction Shifting clause Second son
becoming eldest son-Recovery Mortgage Sale of portions of settled
estate for redemption of land tax. Harrison v. Round

2.

82

Marriage-Contingent remainder-"In default of all
such issue "Whether contingency applies to all of several limitations.
Doe d. Lees v. Ford

3.
-Advancement.

932

Wife's income-Restraint on anticipation-Portions
See Husband and Wife, 2.

SHIP AND SHIPPING—1. Authority of master-Stores supplied for
use of ship-Liability of registered owner-Sale of ship-Evidence.
Frost v. Oliver

560

2. Port and harbour dues-Exemption-Coasting vessel carrying
coal only is entitled to exemption conferred on coasting vessels by
32 Geo. III. c. 74, s. 14. Moore v. Shepherd .
611
Primage Grant - Construction of charter Admis-
sibility of evidence of usage. Bradley v. Pilots of Newcastle

3.

620

SOLICITOR-1. Partnership-Liability of firm for client's money
received by one partner for investment-Business of a scrivener, what
is. Harman v. Johnson

429

2. Taxation of costs-Solicitor also chief acting executor of
deceased client-Retainer of amount of bills of costs out of assets-
Order for delivery and taxation of solicitor's bills, twelve years after
his death and twenty years after he had ceased to act professionally for
executors, refused. Ex parte Shackell
340

-- 4.

.

3. Special circumstance-Son of executor acting as solicitor
in administration of estate-Payment of bills by credit being given to
him in account with his father-Held not such a special circumstance
as to warrant order for taxation and delivery of bills of costs ten years
after payment. Ex parte Shackell .
340
Taxation after prescribed time-Action on bill-
Order for taxation on terms of withdrawing all pleas except never
indebted "-Subsequent withdrawal of all pleas and applications to
court of common law for order of taxation-Refusal for want of juris-
diction The Court of Chancery afterwards refused an order on the
ground that there were no special circumstances beyond mere over-
charge. In re Barnard
. 137

5.

66

Retainer of costs by solicitor in bankruptcy proceedings
-Refusal of Court to direct taxation in summary way-Quere as to
jurisdiction. Ex parte Pemberton

388
SPECIFIC PERFORMANCE-1. Agreement for lease-Verbal provi-
sion outside written agreement-Statute of Frauds-Misrepresentation
-Delay-Specific performance decreed where plaintiff consented to
inclusion of omitted term. Martin v. Pycroft

2. Conditions of sale-Objections made after time stipulated-
Misrepresentation. See Vendor and Purchaser, 1.

3. Death of defendant after report in favour of title-Order for
revivor or dismissal of suit within limited time. See Practice, 2.

4. Title Copyholds-Admittance. See Vendor and Purchaser, 3.

STATUTE-1. Construction-The Tithe Act, 1832 (2 & 3 Will. IV.
c. 100), is unaffected by the provisions of the Real Property Limitation
Act, 1833 (3 & 4 Will. IV. c. 27)-" Land" in interpretation clause of
latter Act in relation to tithes means an estate in tithes and not tithes
as a chattel. Dean of Ely v. Bliss
. 169

2. Permissive words "May "-Recovery of costs-Dis-
cretion of Judge-Concurrent jurisdiction-County Courts Act. Crake
v. Powell

3.

Statutory powers-Persons obtaining statutory authority
to interfere with rights of property bound strictly to adhere to powers
conceded to them. Liverpool Corporation v. Chorley Waterworks

STATUTES-11 Geo. II. c. 19 (Distress for Rent Act, 1737), s. 1.
Landlord and Tenant, 4.

See

STATUTES-3 & 4 Will. IV. c. 27 (Real Property Limitation Act,
1833), ss. 2, 7, 10. See Limitations (Statute of), 3.

pany, 8.

c. 104 (Administration of Estate Act, 1833). See Com-

1 Vict. c. 26 (Wills Act, 1837). See Power.

8 & 9 Vict. c. 18 (Lands Clauses Consolidation Act, 1845), s. 92.
See Lands Clauses Act, 1.

c. 20 (Railways Clauses Consolidation Act, 1845), s. 16.
See Railway, 1.

Law,

-

3

9 & 10 Vict. c. 66 (Poor Removal Act, 1846), s. 1. See Poor

14 & 15 Vict. c. 99 (Evidence Act, 1851). See Evidence, 1.
TENDER-Debtor-Summons—Admission of debt--Debtor going to
creditor with amount of debt in his pocket-Statement that debtor had
come for purpose of paying debt-Reply that it was too late and
that debtor must see creditor's solicitor-Production of money dispensed
with-Tender held good. Ex parte Danks

. 376

TITHE-Suit for-Statute of Limitations - The word "land" in
interpretation clause of Real Property Limitation Act, 1833, does not
mean tithes as a chattel. Dean of Ely v. Bliss

169

TRESPASS-Pulling down cottage-Encroachment on highway —
Conviction by justices-Obligation of surveyor to execute conviction,
though not correct. Keane v. Reynolds .

. 778

TROVER AND CONVERSION-Railway Company-Goods left with
Company in course of their trade as carriers-Refusal to deliver up
goods on demand-Evidence of conversion. Giles v. Taff Vale Rail. Co.

832

TRUST AND TRUSTEE-1. Acceptance of trust-Deed not con-
taining declaration of trust or covenant by new trustee to perform
duties of trust-Held, that obligation in nature of specialty was not
imposed on trustee, although he had executed deed of appointment.
Adey v. Arnold.

. 151

2. Breach of trust-Deceased trustee-Sums which might have
been received-Inquiry as to wilful default of trustee not directed on
further directions. Coope v. Carter

. 111
3. Vesting order-Husband of executrix out of jurisdiction—
Under old law of husband and wife vesting order made under Trustee
Act. Ex parte Bradshaw.

. 361

VENDOR AND PURCHASER-1. Conditions of sale-Objections made
after time stipulated-Waiver-Misdescription-Land advertised as
freehold-Land really copyhold, but under composition with lord
tenure practically equal to freehold-Innocent misstatement-No
ground for resisting specific performance. Price v. Macaulay. . 129
2. "Reservoir and waterworks yielding a yearly rent of
£60" Rent arising from supply of water to houses separated from
reservoir by property of strangers-Vendor having mere yearly licence
by payment of rent-Objection not relating to title-Specific perform-
ance refused. Price v. Macaulay
129
3. Specific performance-Title-Copyholds-Trust for sale—
of trustees not necessary to make good title. Glass v.
Rich ance

Adm

275

WATER-Waterworks Company - Statutory authority to divert
stream by means of open channel filled with loose stones-Diversion by
means of culvert-Right of another Company, entitled to water of
stream into which diverted stream had flowed, to injunction to restrain
violation of terms of Act. Liverpool Corporation v. Chorley Waterworks 347

WILL-1. Construction-Upon question of construction, punctuation
of original document may be referred to. Child v. Elsworth
. 285

2. Intention-In construing wills effect may in certain cases
be given to general intent at expense of particular intent--This should
not be done without actual necessity. Monypenny v. Dering
52
Substitution of one word for another-Will con-
strued in accordance with apparent intention of testator.
Hart v.
Tulk.

3.

4.

116

Annuity-Perpetual or for life-Direction to sell specific
real estate and to purchase annuities "in the British funds "-Annuities
held perpetual. Kerr v. Middlesex Hospital

5.

231
Direction to invest sufficient sum out of residue to
answer annuity-Income of residuary estate insufficient-Right of
annuitant to have deficiency made good out of capital. Wright v.
Callender

270

6. Cy près-Although estate may be carried otherwise than
in exact form and manner indicated by testator, it must always be in
favour of class or part of class intended to be benefited by testator.
Monypenny v. Dering

52
7.
Conversion-Gift of residue for life with remainders over
-Leaseholds, canal and insurance shares, and Dutch bonds-Tenant
for life held entitled to enjoy leaseholds in specie, but not the shares
or Dutch bonds. Blann v. Bell

8.

318

Devisable interest-Voidable
conveyance-Equitable
estate-Devise by will to person claiming under voidable conveyance
-Confirmation of deed as against heir-at-law. Stump v. Gaby

9.

257

In re

Gift to husband and wife and B. equally-Held to give
one moiety to husband and wife and the other moiety to B.
Wylde

307

10.
Election-English estates and Scots heritable bonds-
Will not passing heritable bonds by reason of non-observance of forms
required by Scots law-Heir held entitled to English property under
will without giving up bonds. Maxwell v. Maxwell

12.

294
11. - "In default of such issue" - Estate in fee - Effect of
subsequent limitation. Foster v. Hayes
408
Gift over-Construction of shifting clause-Operation of
clause extending to more than one shifting. Monypenny v. Dering. 52
13. Gift over upon alternative event-Gift over in words
comprising only one event cannot be construed as made in two events,
although it may consist reasonably of two branches. Monypenny v.
Dering

14.

Illegitimate child held entitled to share as one of a
designated number of children. Owen v. Bryant

289

15. Legacy-Time of payment-Gift to sons and daughters
of D. £200 each, also to children of D.'s son £200, "to be divided
equally among them, to be paid twelve months after the decease of my
said wife"-Payment of all bequests postponed until after widow's
death.

Child v. Elsworth.

R.R.-VOL. XCV.

285