A bankrupt, who had unsuccessfully applied to be discharged from imprisonment under the protection clause of the Bankrupt Law Consolidation Act, 1849, renewed his application after his last examination :Held, that it was to be regarded as an original application, and that its refusal gave a new right of appeal. Where a bankrupt is in prison when he obtains his protection, the Court will not order him to be discharged, unless it appears that his discharge will be useful in the administration of his estate. Quare, whether costs of proceedings in bankruptcy before the ViceChancellor are within the 249th section of the Bankrupt Law Consolidation Act, 1849. Ex parte Jones, 671 PROVISIONAL COMMITTEE MAN. See CONTRIBUTORY, 17, 18, 19, 20. WINDING-UP ACTS, 4. Upon a motion, by way of appeal from the Master's decision, refusing to enlarge publication, the Court received in evidence new facts not before the Master, on which the Court directed the publication to stand enlarged; but, as the order was obtained upon materials which were not before the Master, the appellant was ordered to pay the costs of the motion. James v. Grissell, 290 PUBLIC COMPANY. The 29th section of the Joint-stock Companies Registration Act, 1849, requiring any contract or dealing between a Company and any director (except as therein mentioned), to be submitted to a meeting of shareholders, extends to a loan of money from a director to the Company. Teversham v. Cameron's Coalbrook Steam Coal and Swansea and Lougher Railway Company, 296 See ANNUITY, 1. PARTIES, 2. PLEADING, 1. SPECIFIC PERFORMANCE, 1. WINDING-UP ACTS, 2, 3, 6. RAILWAY COMPANY. See ANNUITY, 1. INJUNCTION, 1, 2, 4. SPECIFIC PERFORMANCE, 1. WINDING-UP ACTS. REAL ESTATE. See NEW RIVER SHARES. RECTOR. See BENEFICE. 820 SEPARATE ESTATE. REDEMPTION, EQUITY OF. See MORTGAGE, 2. REFERENCE. See WINDING-up Acts, 14. REHEARING. See CONTRIBUTORY, 31. RENEWAL. See SPECIFIC PERFORMANCE, 2. RESCINDING. See VENDOR AND PURCHASER, 6. RETIRED DIRECTOR. See CONTRIBUTORY, 21, 22, 23. REVERSION. See LACHES. REVOCATION. See WILL, 8. SALE. See VENDOR AND PURCHASER, 2, 3. SALE UNDER DECREE. See VENDOR AND PURCHASER, 1, 4. SCRIPHOLDER. See WINDING-UP Acts, 2. SECURITY. See COSTS, 1. WINDING-UP Acts, 15. SEPARATE ESTATE. See PARTNERS. SETTLEMENT. SERVICE. 1. Semble, that service of a copy of a bill, at the defendant's house, upon a member of his family, is not sufficient, unless the member of the family is an inmate of the house. Edgson v. Edgson, 629 2. Where a defendant moves to suppress any of the depositions taken on behalf of the plaintiff, the co-defendants need not be served with notice of the motion. Barnard v. Papineau, 498 3. Order for substituted service to appear and answer on alleged agent and receiver of defendants, who were mortgagees in possession. Bankier v. Poole, 375 See PAYMENT OUT OF COURT. WINDING-UP Acтs, 3, 16, 17, 18, 19, 20, 21. SETTLEMENT. 1. A father, in contemplation of the marriage of his son, proposed, in writing, to settle an estate in a specified parish, "worth 2007. a year," free from incumbrances, on himself for life, with successive remainders to his son and his intended wife, and the childdren, charged with 50l. a year to his own widow, for life. By a settlement, not referring to the proposal, the father conveyed an estate, held in fee, worth 571. a year, and an estate of which he was tenant for life, with limitation to his son in tail, of the yearly value of 190., both in the specified parish, to the proposed uses, and absolutely covenanted that the conveyed hereditaments were of the annual value of 2007., and that he was absolutely seised in fee of them. The marriage took effect, and both the son and his wife died, leaving an infant daughter; the son had married a second time, and left a son, who became tenant in tail of the hereditaments worth SHARE. 1907. a year. In a suit by the infant daughter and the trustee of her settlement, against the representatives of her grandfather, the settlor, for damages for the breach of his covenant :— Held, that the proposals could not be looked to as defining the value of the property to be settled; and that the plaintiffs were entitled to damages to the full extent of the value of the settled land, though that would create a total income under the settlement of 2477. instead of only 2007. Semble, that, where an infant, joining in a suit with other plaintiffs, asks by her bill less than she is entitled to, the Court will, at the hearing, give liberty to file a new bill, and even order one to be filed. Wace v. Bickerton, 757 2. By a marriage settlement, a sum of money was settled upon trusts for the husband for life, then for the wife for life, and, after the death of the survivor, upon trust to pay the principal among all the children and issue of the intended husband, to be by him begotten on the body of the intended wife; and if there should be no child or issue of the marriage, or, being such, they should all die in the lifetime of the survivor of the husband and wife, upon other trusts :-Held, that the children of the marriage, including those dying in the lifetime of the survivor of the husband and wife, took the fund, and that no other issue were entitled. Gordon v. Hope, 357 See HUSBAND AND WIFE, 1. SHARE. A shareholder in an incorporated Railway Company instructed a stockbroker to sell his shares. The broker agreed with a jobber for the sale of them; but the name of the purchaser was not mentioned. The jobber had been instructed to purchase by B. VOL. III. SPECIFIC PERFORMANCE. 821 (another broker), who, as the jobber knew, was not purchasing on his own behalf. B. afterwards requested time for completion, his principal not being ready; and the jobber granted the time on B. giving his own name as that of the principal. A deed of assignment was prepared from the vendor to B., who paid the price to the vendor, and took the deed of assignment executed by the vendor :--Held, upon a bill filed by the vendor, that B. was bound to execute the assignment, to procure himself to be registered, and to pay the calls made since the execution of the assignment by the vendor, and to indemnify the vendor against future calls; and a de cree was made to that effect. Wynne v. Price, 310 See MORTGAGE, 5. SOLICITOR. 1. The Court refused to restrain, at the instance of an administratrix, a solicitor who had acted on behalf of the administratrix in the affairs of her intestate's estate, from acting as the solicitor of some of the next of kin in a suit for the administration of the estate. Hutchinson v. Newark, 727 2. An assignee, who had acted as solicitor to the fiat, was allowed to charge for his clerk's time employed in the business of the bankruptcy, as costs out of pocket, but not any profit thereupon. Ex parte Newton, 584 See WINDING-UP Acts, 27. SPECIAL CASE. See COSTS, 2. SPECIFIC PERFORMANCE. 1. A Railway Company, contemplating a new branch and endeavour Quare, whether the same decision would have been given if the Company had, throughout, acted with good faith, and it had been certain that the tenant for life could have obtained adequate compensation at law. Hawkes v. Eastern Counties Railway Company, 743 2. The landlord of a workshop, which he held under a lease, agreed in writing to underlet it at a yearly rent, with an option to the tenant to take an underlease upon the same terms for twenty-one years from the previous Lady-day. The tenant continued in possession under this agreement for four years, when he received notice to quit. He then applied to his landlord for a lease for twenty-one years, according to the agreement. Some months afterwards, the landlord obtained possession of the premises under a warrant of possession from a District Court. The tenant filed a bill against the landlord for specific performance and an injunction. It appeared, at the hearing, that the tenant had not kept the premises in repair. The Court dismissed the bill with costs, and expressed a doubt whether the plaintiff had not, by his delay alone, lost his option to renew. Nunn v. Truscott, 304 3. An agreement was entered into for the purchase of a mansion-house and lands, admeasuring about ninetysix acres, comprised in particulars with the following statement:-"The whole is freehold, except about eight STAYING PROCEEDINGS. acres, which is copyhold of the manor of C. (but undistinguished except as to not including any of the buildings)." Upon the abstract of title, one of the purchaser's requisitions was, that, as the abstract did not shew any connexion between the parcels described in the deeds abstracted and those set forth in the printed particulars, the vendors should establish the identity of the lands sold with those in the abstract. After some negotiation, but without compliance with this requisition, a supplemental agreement was entered into, by which possession was given up to the purchaser, he accepting the title subject to the vendors' producing a "declaration of identity of the lands mentioned in the deed to those sold." The vendors then produced a declaration, of which the purchaser's counsel approved, in proof of the local identity of the parcels, but not distinguishing the freehold from the copyhold parts. Subsequently, the purchaser procured evidence, shewing that it was highly probable that the mansion was built on the copyhold part of the property, and insisted that the vendors were bound to identify its site with the portion which was not copyhold. The vendors declined to furnish the necessary evidence. Upon a bill by them, to compel specific performance of the agreement:— Held, that the purchaser was not entitled to require such evidence of identity; and the Court decreed specific performance, with a declaration to that effect. Dawson v. Brinckman. 376 See SHARE STAMP. See CHEQUE STAYING PROCEEDINGS. See CREDITOR'S SUIT. SUBPOENA. See SERVICE, 3. SUBSTITUTED ROAD. See INJUNCTION, 4. SUMMONS. A person alleging that he was a creditor of trader served him with a summons (under 5 & 6 Vict. c. 122), which was dismissed upon the alleged debtor deposing that he verily believed that he had a good defence to the demand. Afterwards, the Bankrupt Law Consolidation Act having passed, the alleged creditor served the trader with another summons for an alleged debt, which was in part composed of the former demand:-Held, that the former dismissal was not of itself a sufficient answer to the summons. Alcock, Re Wearing, SURRENDER. Ex parte 654 A bankrupt obtained an order for leave to surrender, and for his costs to be paid out of the estate, on a petition supported by his affidavit, stating, that his surrender had been prevented by his having left England on account of family disagreements. The petition was unopposed. On appearing before the Commissioner to surrender, he was examined, and stated that he left England on account of his embarrassments. The assignees thereupon petitioned to have the former order discharged; but the Court refused to discharge it, holding that the circumstance would be properly regarded when the bankrupt applied for his certificate. Ex parte Pennell, Re Turner, TAX. 555 TAXATION. See COSTS, 3. TENANT FOR LIFE. See WILL, 7. TENANT IN TAIL. See LAND-TAX. THELLUSON ACT. See ACCUMULATION, 1, 2. TIME. See AMENDING. WINDING-UP ACTS, 29. TIME FOR APPEAL. See PROTECTION. TITLE. See VENDOR AND PURCHASER, 3. TRADER. See CERTIFICATE, 1. TRADER DEBTOR. Semble, that the 79th section of the Bankrupt Law Consolidation Act, 1849, does not render it imperative upon the Commissioners to require a trader, summoned under that section, to enter into a bond. Upon such a summons, if either the trader or the creditor tenders himself to be examined, his examination ought to be taken. But it is not incumbent on the Court to hear any other witnesses. Ex parte Sheward, Re Sheward, 609 See SUMMONS. See PROPERTY TAX. |