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Covenants :(i.) C. A.- Restrictive Covenants Variation Private Treaty. (See

Vol. 21, p. 75, vii.) Affirmed. Knight v. Simmonds, L.R. (1896] 2 Ch. 294; 74 L.T. 563.

Criminal Law:(ii.) Q. B. D.--Contempt of Court-Impending Trial-- Newspaper Comments.

-An applicant for a writ of attachment for contempt of court against the writer and publisher of articles in a newspaper commenting on criminal charges under investigation, must shew that something has been published which either is intended, or is calculated, to prejudice a trial which is pending.- Reg. v. Payne & Cooper,

L.R. (1896] 1 Q.B. 577; 74 L.T. 351. (iii.) Q. B. D.- Intent to Defeat CreditorsDebtors Act, 1869, s. 13, sub-s. 2.

-A defendant in an action for unliquidated damages who, before judgment, gives a bill of sale to defeat the plaintiff, cannot be convicted under the Debtors Act, as the plaintiff is not a creditor of the defendant until recovery of judgment.-Reg. v. Hopkins & Ferguson,

L.R. [1896] 1 Q.B. 652. (iv.) Q. B. D.-Practice-Indecent Assault-Evidence of Complaint made

by Prosecutrix in absence of Prisoner.-In a trial of an indictment for assault on a female, if the prosecutrix has made a complaint immediately after the occurrence, the whole statement containing her alleged complaint should be submitted to the jury.Reg. v. Lillyman, L.R.

[1896] 2 Q.B. 167; 74 L.T. 730. (v.) Q. B. D.-Evidence-Statements made by a Bankrupt on Bankruptcy

Examination-Bankruptcy Acts, 1883 and 1890.—A bankrupt's statements in his examination are not induced by undue influence and are, there. fore, admissible in evidence against him unless excluded by sect. 27 (2) of the Act of 1890, and oral evidence of them is not excluded by sect. 17 (8) of the Act of 1883.-Reg. v. Erdheim, L.R. [1896] 2 Q.B. 260 ;

74 L.T. 734. (vi.) C. C. R.-Offence not Originally Indictable-Claim to be Tried by

Jury Indictment - Necessary Averment Summary Jurisdiction Act, 1879, s. 17.—Where a person charged with an offence which is punishable summarily claims to be tried by jury in accordance with the provisions of the Summary Jurisdiction Act, the fact that the indictment is preferred in consequence of his claim is not a necessary averment.-Reg. v. Chambers, 75 L.T. 76.

Crown:-(vii.) H. L.-Salmon Fishings-Crown Claims.—Where the Crown appears

to have rights to salmon fishings, the Court will stay an action in which they are in dispute pending a decision of the Crown authorities to intervene.-Ogston v. Stewart, L.R. (1896] A.C. 120.

Design: (viii.) C. A.-Copyright-New or Original Design-Patents, Designs and Trade

Marks Act, 1883, ss. 47, 50, 60, 90, and 1888.-A combination of old shapes may result in a new or original design for shape; but an old shape, or an old shape with the omission or addition of unimportant detail, applied to a new use will not be protected by the Acts if registered.-In re Clarke's Registered Design; Clarke v. Šax and Co., Limited, L.R. (1896] 2 Ch. 38; 74 L.T. 631.

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Detinue : (i.) C. A.-Chattels Found on Private Property-Right to Possession. The

presumption is that a chattel found upon private land is in the possession of the owner of the land and he is entitled against the finder.-The South Staffordshire Waterworks Company v. Sharman, L.R.

[1896] 2 Q.B. 41; 74 L.T. 761. Divorce :(ii.) P. D.-PracticeCo-respondent--Matrimonial Causes Act, 1857, ss.

28, 33.—Where a petitioner seeks relief on the ground of adultery committed with a man alive and known, he must make this person a

co-respondent.-Jones v. Jones, L.R. [1896] P. 165 ; 75 L.T. 190. (iii.) P. D.-Restitution of Conjugal RightsMatrimonial Causes Act, 1884,

s. 5.-A wife, whose husband refused to receive her because she had left her home through disagreement with his children by a former marriage, was held entitled to a decree for restitution of conjugal

rights.-Oldroyd v. Oldroyd, L.R. [1896] P. 175. (iv.) P. D.-Practice-SequestrationMoney held by Persons not Party to

Action-Matrimonial Causes Act, 1857, s. 52.-Sequestrators cannot attach money alleged, but denied, to be held for the judgment debtor by persons who are not parties unless these submit to the jurisdiction

of the Court.-Craig v. Craig and Hamp, L.R. [1896] P. 171. (v.) H. L.- Evidence of Deceased Witness--Judge's Notes.-A certified copy

of the Judge's notes of evidence of a witness who dies is not accepted as proof of that evidence on the second reading of a bill for divorce.

Griffin's Divorce Bill, L.R. [1896] A.C. 133. (vi.) P. D.-Practice-Substituted Service-A fidavit.-An affidavit of peti.

tioner should be produced on an application for substituted service on

a co-respondent.-Williams v. Williams and Pocock, L.R. (1896] P. 153. (vii.) P. D.-EvidenceDecree in Previous Suit.—Where a wife petitioned

for dissolution of marriage on ground of adultery and desertion, and produced the decree in a suit in which her husband had been co-respondent, which stated that the respondent had been guilty of adultery with him, and that he had been condemned in costs, but did not state any finding of the jury that he had been guilty of adultery with the respondent, it was held that the decree was not sufficient evidence

against him.-Ruck v. Ruck, L.R. [1896] P. 152. (viii.) P. D.- Variation of Settlements-Costs out of orpus. ---Where a peti

tioner had obtained a decree absolute for the dissolution of her marriage, the Court extinguished a life interest of the respondent in property which she had brought into settlement, and directed the trustees to raise and pay to her a certain sum out of the corpus to

cover costs.-Douglas v. Douglas, 74 L.T. 384. Donatio Mortis Causa : (ix.) Q. B. D.-Antecedent Delivery.---Where in contemplation of death a

person who died a few days afterwards gave an article absolutely to the custodian of it, it was held that the change so made in the character of possession was sufficient to constitute a donatio mortis causa.

Cain v. Moon, L.R. (1896] 2 Q.B. 283 ; 74 L.T. 728. Dower:(x.) Ch. D.--Widow's Charge under Intestates Estates Act, 1890, ss. 2, 4

Abatement and Dower.-A widow's dower out of realty of an intestate abates in respect of her charge of £500 under the Intestates Estates Act, 1890.-In re Charriere ; Duret v. Charriere, L.R. (1896] 1 Ch. 912 ; 74 L.T. 650.

Ecclesiastical Law :

(i.) P. D.—Sequestration-Rankruptcy of Incumbent-Discharge-Relaxation -Sequestration Act, 1871, ss. 1 to 4.—Although a bankrupt clergyman may have obtained his discharge, the ordinary cannot relax seques. tration of the benefice if the bankrupt's debts remain unpaid.—In re Lawrence, L.R. [1896] P. 244.


(ii.) C. D.—Intestates Estates Act, 1884, ss. 4, 7.—A testatrix devised a fee simple to her executors with directions that it should be sold and that the purchase money should form part of her general personal estate upon which she charged certain legacies, but she made no disposition of the residue. No heir at law having come in, it was held, that sect. 4 of the Intestates Estates Act, 1884, applied, and the Crown was entitled

by escheat.—In re Wood ; Attorney-General v. Anderson, L.R. [1896) 2 Ch. 596; 75 L.T. 28.

Estate Duty :

(iii.) Ch. D.—Estate Duty on Leaseholds Specifically Bequeathed—Finance Act, 1894, s. 9 (1).—On leaseholds specifically bequeathed estate duty is payable out of general personal estate of testator.—In re Culverhouse; Cook v. Culverhouse, 74 L.T. 347; L.R. [1896] 2 Ch. 251.

Estate Pur Autre Vie:—

(iv.) H. L.—Wills Act, 1837, s. 6-Special Occupant. —An appellant conveyed a life estate to the use of himself and the respondent or their heirs upon trusts with a declaration of trust by the respondent in favour of an infant of all the estate conveyed to her. The infant died in the lifetime of both the parties. Held, that as there was no “special occupant” named in the deed, the infant's estate passed to his personal representative and not to his heir.–Earl of Mount Cashel v. MoreSmith, L.R. [1896] A.C. 158; 74 L.T. 321.


(v.) Ch. D.—Retainer–Debt of Bankrupt Legatee.—Where executors made a payment to mortgagees on account of a suretyship of the testator for a mortgagor who became bankrupt, they were entitled to retain from a bequest of residue by the testator to the bankrupt, the amount of the payment with interest at 4 per cent.—In re Watson; Turner v. Watson, L.R. [1896] 1 Ch. 925; 74 L.T. 453.

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half quarten is not fancy bread and must be sold by weight.—The V. V. Bread Co. v. Stubbs, 74 L.T. 704.


(vii.) C. D.—Executo" and Heir–Tapestry.—Under a devise of the mansion house, tapestry nailed to battens let into the plaster and nailed to brickwork pass as fixtures.—Norton v. Dashwood, L.R. [1896] 2 Ch. 497.

Franchise :

(viii.) C. A.—Parliament-Claims made after Close of List—Parliamentary Registration Act, 1843, s, 41–County Voters Registration Act, 1865, 8, 15. —Persons who, after a date at which a revising barrister has announced that the lists of parliamentary and municipal electors will be closed, for the first time advance a claim to be included in the lists, have no right to be heard. Rug. v. Soden, L.R. [1896] 1 Q.B. 634; 74 L.T. 520.


Friendly Society:—

(i.) C. A.—Infant Members—Instrument of Dissolution signed by Fathers and Guardians—Friendly Societies Act, 1855, ss, 9, 13, 15, 21, 25, 27; 1875, ss. 6, 9, 13, 15, 21, 25.—A society, formed under the Act of 1855, composed of members under 18 years of age, and under the government of a committee of another lodge, was precluded from dissolving itself under sect. 13 of the Act, or sect. 25 of the Act of 1875, without the concurrence of that committee.—Rudd v. Jones, L.R. [1896] 2 Ch. 554; 74 L.T. 714

Gas Company :

(ii) C. A.—Arrears due—Managers appointed by Court–New Occupation— Gas Works Clauses Act, 1871, 8s. 11, 39.—Decision of Court below (see Wol. 21, p. 77, iv.) reversed. In re Smith; e. p. Mason, followed.— Paterson v. The Gas Light and Coke Co., L.R. [1896] 2 Ch. 476; 74 L.T. 640.

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(iii.) Q. B. D.—Breach of Statutory Duty—Remedy—Gas Works Clauses Act, 1871, ss. 11, 12, 36.—The remedy of a consumer who suffers damage from insufficient supply by a gas company which is subject to the Gas Works Clauses Act, 1871, is to proceed by penalties under sect. 36 of the Act, and not by action.—Clegg, Parkinson Co. v. Earby Gas Co., L.R. [1896] 1 Q.B. 592.

Guarantee : —

(iv.) H. L.—Representations as to Credit—Writing—Fraud—Mercantile Law Amendment (Scotland) Act, 1856, s. 6—Lord Tenterden's Act.—Sect. 6 of the Mercantile Law Amendment (Scotland) Act requires in terms similar to the same section of Lord Tenterden's Act that representations as to the dealings of a person made for the purpose of enabling him to obtain credit shall be in writing; and the fact that these representations are made fraudulently to enable the person making them to obtain a benefit does not take them out of the Act.—Clydesdale Bank, Limited v. Paton and Another, 74 L.T. 738.


(v.) H. L.—Footpaths at Sides of Main Roads in Urban Sanitary Districts —Repair—Highways and Locomotives (Amendment) Act, 1878, s. 13– Local Government Act, 1888, s. 11.—County councils are liable under sect. 11 of Local Government Act for repair of footpaths at the sides of disturnpiked roads which fall within sect. 13 of Highways and Locomotives Act, 1878.—County Council of Derby v. Urban District Council of Matlock Baths and Scarthin Nick, L.R. [1896] A.C. 315; 74 L.T. 595.

Husband and Wife :

(vi.) P. D. Desertion Time for Proceedings Summary Jurisdiction (Married Women) Act, 1895, ss. 4, 11.—The desertion of a married woman by her husband is a continuing act and an application for an order can be made later than six months after the commencement of the desertion.—Heard v. Heard, L.R. [1896] P. 188.

(vii.) P. D.—Persistent Cruelty—Summary Jurisdiction (Married Women) Act, 1895, s.4—Retrospective Operation of Section.—Sect. 4 is retrospective and will regard acts of persistent cruelty committed earlier than 1st January, 1896.—Lane v. Lane, 74 L.T. 557.

(i) P. D.—Summary Jurisdiction (Married Women) Act, 1895, s. 5, sub-i. () -Prorision for Wife—Her Costs.—Courts of summary jurisdiction must consider the means and the earning capabilities of the husband and of the wife before making an order. Where a wife has to defend on appeal an order which she has obtained, her costs will be allowed. –Earnshaw v. Earnshaw, L.R. [1896] P. 160; 74 L.T. 560.

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Matrimonial Causes Acts, 1857 (s. 32) and 1866, s. 1.—An allowance to a

divorced wife under sect. 1 of the Divorce and Matrimonial Causes

Act, 1886, is for her maintenance and cannot be assigned or released without the sanction of the Court. Payment will not be enforced of arrears left unclaimed for a longtime.—Watkins v. Watkins, L.R. [1896) P. 222; 74 L.T. 636.

Divorce–Resettlement by Divorce Court under Mistake—20 & 21 Vict,

c. 85. s.45; and 22 f 23 Vict., c. 61, s. 5.—A married woman in 1877 made a post-nuptial settlement in which her husband joined of personal property to which she was entitled under intestacies and under instruments of earlier date than Malins's Act. There was a covenant to settle after-acquired property and the instrument was acknowledged under the Fines and Recoveries Act. By the will of a person who died in 1890, she acquired real property. In May, 1893, she was divorced. Under the impression that the instrument was valid, the Divorce Court varied it by consent of parties. In a subsequent action by the settlor, Held, that the settlement was void as to property not reduced into possession at the date of the decree nisi, as she was not at the date of the instrument entitled to real property within the Fines and Recoveries Act nor to personal property within Malins's Act; that consequently the resettlement by the Divorce Court did not bind this property. That the Court having power to put her upon terms required an undertaking from her that any further applications should be dealt with as if they had been made prior to the resettlement.—Allcard v. Walker; in re Lucas Walker v.

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calendar months of the offence.–Ellis v. Ellis, L.R. [1896] P. 251.

Industrial and Provident Society :

(v.) Q. B. D.—Intestate Member–Distribution of his Property–Industrial and Provident Societies Acts (1876, s. 11, and 1893, s. 27).—The power given by sect. 27 of the Industrial and Provident Societies Act, 1893, to the committee of a society to distribute the property therein of an intestate member who has made no nomination of such property is completely discretionary.–Escritt v. Todmorden Co-operative Society,

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(vi.) Ch. D.-Tenants in Common–Mortgage-Sale–Allowance for Improve. When tenants in common in fee had effected improvements, one half of the present value of the improvements was allowed to them and the other half to the life tenant in distributing proceeds of sale by a mortgagee.-In re Cook's Mortgage; Lawledge v. Tyndall, L.R. [1896]


1 Ch. 923,

C. D.—Post-Nuptial Settlement with Covenant as to After-Acquired
Property—Operation of Fines and Recoveries Act and of Malins's Act—

P. D.—Persistent Cruelty–Wilful Neglect to Provide Maintenance–Time for Proceeding—Summary Jurisdiction (Married Women) Act, 1895, ss. 4, 8; Summary Jurisdiction Act, 1848, s. 11.—Persistent cruelty by a husband towards, and neglect to provide maintenance for, his wife are not continuing offences. Complaint must be made within six

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