498 Digested Index to the Cases reported. 4. The Court will not grant a new trial on the absolutely for her separate use, on attaining ground of the verdict, which was found for the | her age of twenty-one. She married and exdefendant, being against evidence, the amount ecuted a settlement of the trust fund while in dispute being less than 5., and the trial still an infant: Held, that upon attaining her having taken place before the undersheriff. age of twenty-one, she took the bequest absoLyddon v. Coombes Page 294 lutely to her separate use, and the trustees 5. A new trial will not be granted on the were decreed to assign the same accordingly. ground of delay by pressure of business of the Johnson v. Johnson Page 195 court, though the statute of limitations thereby 6. A creditor having a mortgage security, deprives the plaintiff of his remedy. Brown v. signed, with other creditors of the mortgagor, Thornton 26 a deed of trust, by which the mortgagor gave his property to trustees for the benefit of his creditors generally. The deed contained words of exception as to mortgages: Held, that the morgage creditor had not released his security. . 306 TRUST AND TRUSTEES. Lee v. Lockhart USURY. 1. Held, that an annuity of forty guineas 1. A devise of a rent-charge to a Roman Catholic priest and to poor Catholics, is a charitable trust, and may be enforced under the act 2 & 3 W. 4, c. 115; but if the suit to establish the charity was pending at the passing of that act, the disposition of it devolves on the Crown, as before that act. Attorney for forty years certain, for the consideration of 94001, is a violation of the usury laws, it appearing from the evidence of the transaction that a loan, and not a purchase, was contemtemplated, though the annuity deed purported to be a bona fide purchase. Chillingsworth v. Chillingsworth General v. Todd. 2. Trustees lent a trust fund to the solicitor in the matter of the trusts, on equitable security, at 5 per cent. interest, without explaining the nature of the security to the cestuis que trust: Held, that the trustees should make up the deficiency of the fund arising from the insufficient security, with interest on the whole fund at 4 per cent. only. Hooker v. Platts 209 3. To an information, charging a breach of trust in ambiguous terms, upon one construction of which there would be no breach of trust, a demurrer is allowed for the insufficiency of the allegations. Semble, it is no misapplication of the surplus of the borough fund mentioned in the 5 & 6 W. 4, c. 76, s 95, to pay therefrom the expenses of defending a quo warranto against an officer of the corporation, or the expenses of petitions for the appointment of charitable trustees. Attorney General v. Norwich Corporation 112 4. One of two trustees transferred the trust fund to the other, by whose default it was lost to the cestui que trust in remainder: Held, that the estate of the solvent trustee after his death, and after it was distributed among his legatees, was liable to supply the deficiency of the trust fund. March v. Russell. 339 5. A bequest was given to trustees during the minority of a female, to be assigned to her 59 2. The 58 G. 3, c. 93, applies only to persons discounting bills or notes, or paying a valuable consideration for them, and will not therefore protect a person who takes in part payment of an existing debt a note tainted with usury. (499) NAMES OF CASES. Braham v. Bowes, 25 Brown v. Thornton, 26 Clark v. Vestris, 27 Doe d. Lord Somers, 342 d. Symes v. Roc, 406 62 Easthope v. Westmacott, 61 Fisher v. The Thames Junction Gerard v. Hunter. 226 Gompertz, in re, 10 Gordon v. Dalzell, 260 v. Roberts, 40 Kerr v. Cusac, 259 500 Kidd v. Davis, 311 Leach v. Thomas, 214 Moss v. Baldock, 340 Payne v. The Bristol and Exe- v. Cumberland Justices, v. Earl Dundonald, 86 v. Lyme Regis Corpora- tion, 406 v. Morgan, 405 v. Newton, 210 v Poole Recorder, 211 sioners, 180, 374 v. Rattislaw, 262 Names of Cases. Rex v. Saint Pancras, 132 v. Saint Albans, 481 Rowbotham v. Dupree, 212 Sharpe, ex parte, 358 --- v. Egginton, 163 and Reeves, in the mat- ter of the arbitration be. tween, 197 Spenceby v. Shouls, 45 Story v. Hodgson, 277 v. Calverly, 13 GENERAL INDEX TO VOL. XIV. For the references to the Cases reported in this Volume, vide Digested Index. Accessory indicted after acquittal of princi- Chancery orders for hearing causes, 19, 32,118 pal, 75 Actions real, limitation of, 7 Acts of last session, summary of, 425 Advancing cause in equity, 107, 377 Affidavits sworn in France, 127 Agents, lien of, 34 parliamentary, 137 Charnock's Digest of pleading Decisions, 19 Church-rate mandamus, 283 Circuits of the Judges, 80, 148 Commissioners of Insolvent Clerks' salaries, 179, 209 Agreement to withdraw opposition to bill in Coke's Life, by Johnson, reviewed, 464 parliament, 93 Appeal for murder, 411 Archbold's Magistrate's Pocket Book, 191 Manual, second edition, 433 Attendance at the law offices, 64, 104, 168 and Solicitors' Bill, 136 Act, 217 parliamentary return, 238 re-admission, 70, 80 admission of, 32, 69, 79, 146, 452 admission going abroad, 299 on construction of late act, 469 Bail, affidavit to hold to, 421 grievances of commissioners of, 154 country administration of, 89 accountant's office, 324 Barristers' examination, 57 called, 69, 146 Bell's, the late Mr. suggestions on equity re- form, 313, 368 Common Law Offices Act, 284 fees, 353, 458 Commons proceedings, publication of, 38 Costs of Prosecution Act, 428 Demurrable points under pleading rules, 49 Elections for members of parliament, 169 Examiners of articled clerks in Chancery, 5 questions at the, 23, 95 Executions, parliamentary returns of, 140 for private seals in Chancery, 386 at the Common Law offices, 353 Feudal system, 394 Fiats in Country Bankruptcy Bill, 192 Central Criminal Court, 190, 428, 353 public and private seals, fees for, 386 potentates, suing in England, 426 Greening's Forms of Pleadings reviewed, 219 Husband's liability for wife, 349, 369, 405, 452 Incorporated Law Society, 157, 220, 246, 325, | Police offices, attendance at, 325 422 Indemnity Act, 300 Indicting accessories, 75 Infant feme covert, 18 Infants Custody Bill, 23 Insurance, concealment on effecting, 176 Johnson's life of Coke reviewed, 464 Polices of insurance, concealment, 176 Law Conveyances Act, 443 Practical points of general interest, passim Privilege of parliament, 38, 362 Producing cases for counsel's opinion, 35 Profession, prospects of the, 1 Joint stock company's right to apply to par- Property lawyer, passim liament for further power, 73 Joint stock Company, 123 chambers' practice, 128, 275 Judge, sending money to, 202 Justices, Lords, Bill, 190 Kent's Commercial and Maritime Law, 203 Law reporting, present system of, 17 reform, progress of, 105, 153 association, 206 Lease, assignee of 122 Lectures, on law, 224 Legacy duty, when testator dies abroad, 297 Lewin on Trusts and Trustees, 54 how parted with, 126 Limitation of Real Actions, 7, 347 construction of new act of, 51 and Registration Act, 170, 448 Maugham's Outlines of Law, 36 Merger of terms, 149 Property, restitution of, 3 Proving deeds at the hearing, 18 producing books, 332 Reporting, law, present system of, 17 Revising votes, 393 Revivor of suit for costs, 395 Robinson's Magistrate's Pocket Book, 191 Shelly's case, 468 Sheriffs' Fees Act, 299 Sheriffs' Courts Bill, 7, 149 Sittings at Common Law, 14, 120, 160 Exchequer Equity, 64, 150 Members of the profession in parliament 269, Small Debts Courts, 39, 108 298 Miscellanea, end of each Number Mortgagee's right to compound interest, 304 New South Wales, administration of justice Oaths abolishing, Lords report on, 418 Smith's Chancery Practice, reviewed, 18 Son's security to father, 378 Standing orders in parliament, 244, 256, 273, Statutes public of last session, list of, 301 Stockdale and Hansard's case, 362 Office attendance, 64, 178, 194, 208, 219, 353 Transportation Punishment Act, 398 Offices, building new law, 265, 322 Opposition to bill in parliament, 93 Orders in Chancery, 19 Equity Exchequer, 95 parliament, 244, 256, 273, 317 Parliamentary proceedings, passim agents, 137 Electors Bill, 75 session, close of, 185 |