Page images


Ecclesiastical Law:(i.) P.D.-Sequestration--Pankruptcy of Incumbent Discharge-Relaxation

-Sequestration Act, 1871, ss. 1 to 4.-Although a bankrupt clergyman may have obtained his discharge, the ordinary cannot relax sequestration of the benefice if the bankrupt's debts remain unpaid.-In re

Lawrence, L.R. (1896] P. 244. Escheat:(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 BequeathedFinance

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 con

veyed 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. More

Smith, L.R. [1896] A.C. 158; 74 L.T. 321. Executor :(v.) Ch. D.- Retainer- Debt of Bankrupt Legatee.--- Where executors made

à 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. Fancy Bread:(vi.) Q. B. D.-Shape3 Geo. IV., c. 106, s. 4Bread Act, 1836, s. 4.-A

loaf which is the same in shape, size, and appearance as the ordinary half quarten is not fancy bread and must be sold by weight.The V. V.

Bread Co. v. Stubbs, 74 L.T. 704. Fixtures :(vii.) C. D.-Executor 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, s. 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. Rey. v. Soden, L.R. (1896] 1 Q.B. 634 ; 74 L.T. 520.


Friendly Society:(i.) C. A.-Infant MembersInstrument of Dissolution signed by Fathers

and Guardians-Friendly Societies Act, 1855, ss. 9, 13, 15, 21, 25, 27; 1875, 88. 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, ss. 11, 39.—Decision of Court below (see
Vol. 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.

Gas Works :(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.

Highway :(v.) H. L.-Footpaths at Sides of Main Roads in Urban Sanitary Districts

- Repair-Highways and Locomotives (Amendment) Act, 1878, s. 13Local 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 Il'omen) 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) dct, 1895, s. 5, sub-8. (c)

- Provision 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. (ii.) C. A.-Divorce— Maintenance-Alienation Release- Divorce and

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 long time.-Watkins v. Watkins, L.R. (1896)

P. 222; 74 L.T. 636. (iii.) C. D.-Post-Nuptial Settlement with Covenant as to After-Acquired

Property-Operation of Fines and Recoveries Act and of Malins's ActDivorce-Resettlement by Divorce Court under Mistake-20 & 21 Vict., C. 85, 8. 45; and 22 & 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.

Lupton, L.R. [1896] 2 Ch. 369 ; 74 L.T. 487. (iv.) 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

calendar months of the offence.-Ellis v. Ellis, L.R. [1896] P. 251. Industrial and Provident Society :(v.) Q. B. D.-Intestate MemberDistribution 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,

L.R. [1896] 1 Q.B. 461 ; 74 L.T. 350. Improvements :(vi.) Ch. D.--Tenants in CommonMortgage-Salc— Allowance for Improve.

ments.—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.

Insurance:(i.) C. A.- Accident-Nervous Shock from Fright.-A railway signalman,

in the excitement of his efforts in the course of his duty to prevent an accident to a train, suffered a nervous shock which incapacitated him. He was insured by the railway company under a policy which declared that the insurance was absolute for all accidents occurring in the discharge of his duty. Held, that he had sustained an accident within the terms of the policy.-Pugh v. London, Brighton and South Coast

Railway, L.R. [1896] 2 Q.B. 248; 74 L.T. 724. (ii.) C. D.--Accident - Renewed Policy is New Contract. A renewal of a

policy of insurance for the term of a year against accident is a new contract, not a renewal of the original contract.-Stokell v. Heywood, 74 L.T. 781.

[ocr errors]
[ocr errors]

Landlord and Tenant:(iii.) C. A.-Lease-Covenant not to Assign without Licence-Licence With

held.---The plaintiff held the reversion of a lease which contained a covenant not to assign without a licence, which was “not to be unreasonably withheld,” and a proviso for re-entry on breach. He refused his licence, because he wished to acquire possession himself, although he had made no binding offer to purchase. Held, that the licence had been unreasonably withheld.-Bates Donaldson,

L.R. (1896] 2 Q.B. 241 ; 74 L.T. 751. (iv.) C. A.- Farm Lease-Covenant to Consume Hay and Straw on Premises

- Penalty.- A covenant in a farm lease fixed penalty of £3 per ton for all hay and straw sold off the premises during the last year of the tenancy. There was a difference in the manurial value of hay and of straw. Held, that the sum made payable was a penalty, and not liquidated damages.-Willson and Another v. Love and Others,

L.R. [1896] 1 Q.B. 626 ; 74 L.T. 580. (v.) Q. B. D.-Allotment ? --- Allotment and Cottage Gardens Compensation for

Crops Act, 1887, s. 4.-A small piece of land cultivated by a seedsman for trade purposes is not an allotment within sect. 4.-Cooper v. Pearse, L.R. [1896] 1 Q.B. 562; 74 L.T. 495.

Lease :(vi.) C. D.-Possession Prior to Parol Agreement-Continuance-Part Per

formance-Statute of Frauds, ss. 1 and 4.- The plaintiff went into possession of premises on a parol agreement for a lease for more than three years, which was subsequently varied as to rent. Held, that continuance of possession was a parol performance which took the case out of the Statute of Frauds and entitled the plaintiff to specific

performance.-Hodson v. Heuland, L.R. [1896] 2 Ch. 428; 74 L.T. 811. (vii.) H. L.-Covenant to keep in Repair-Damages.-Decision of the C. A.

(see Vol. 21, p. 12, v.) affirmed. -Conquest v. Ebbetts, 75 L.T. 36.

Licensing:(viii.) Q. B. D. & C. A.-Licensing Acts--Refusal of Licence-Appeal

Non-Appearance of Objector, Costs.- A person who is successful in an objection before justices to the renewal of a licence may be liable to the costs of a successful appeal, though he does not appear.-Reg. v. The Justices of Kent and Others, L.R. (1896] 2 Q.B. ; 74 L.T. 618 and 75 L.T. 11.

(i.) Q. B. D.-Sale of Intoxicating Liquor to Drunken Person by Barman

Liability-Licensing Act, 1872, s. 13.—The licensee of a public-house is guilty under sect. 13 of the Licensing Act if, in his absence and contrary to his standing instructions, his servant supplies intoxicating liquor to a drunken person.- The Commissioners of Police v. Cartman,

L.R. (1896] 1 Q.B. 655 ; 74 L.T. 726. Limitations :(ii.) C. A. Rent-Charge Non-payment Extinguishment Statute of

Limitations, 3 & 4 IVm. IV., c. 27, ss. 1, 2, 34.-A rent-charge is a

"rent" within the Statute.-Jones v. Withers, 74 L.T. 572. Local Government:(iii.) C. 4.-District Council--Refusal to dpprove Plans for new Buildings

Public Health Act, 1875.-A district council was held not entitled to disapprove of plans of houses in new streets on the ground that they did not shew into what sewer the house drains were to communicate; and on the requirement that the street and outfall sewers should be constructed at the expense of the house owners.-Reg. v. Tynemouth

Rural District Council, L.R. (1896] 2 Q.B. 219 ; 75 L.T. 86. (iv.) C. A.--Street-paving Expenses-Apportionment--- Arbitration - Enforcing

Award-Public Health dct, 1875, ss. 150, 180 (sub-s. 14)--- Arbitration Act, 1889, ss. 12, 24.--An award of an arbitrator under sect. 150 of the Public Health Act, 1875, cannot be enforced under sect. 12 of the

Arbitration Act, 1889.— The Willesden Local Board v. Wright, 75 L.T. 13. (v.) C. A.-" Single Prirate Drain—Public Health Act, 1875, 8. 41

Amendment Act, 1890, 8. 19.-A private drain connecting houses of several owners with a public sewer was held to be within sect. 19 of the Public Health Act, 1890, rendering the owners liable under sect. 41 of the Public Health Act, 1875, for a nuisance in the drain.-The

Mayor of Eastbourne v. Bradford, L.R. (1896] 2 Q.B. 205 ; 74 L.T. 763. (vi.) C. A.-Bye-Law-Coal in Vehicle— Request to Weigh-Weights and

Measures Act, 1889, s. 28.—A bye-law made by the corporation of Blackburn under sect. 28 of the Act, to the effect that every person in charge of any vehicle carrying coal for sale in quantities not exceeding two hundredweight, should re-weigh the coal at the request of the purchaser or of anyone on his behalf, or of an inspector of weights and measures, or of a constable, was held to be unreasonable and bad.

Alty v. Farrell, L.R. (1896] 1 Q.B. 636 ; 74 L.T. 492. (vii.) Q. B. D.-Obstruction on Highway-RemovalPublic Health Act, 1875,

s. 149–Local Government Act, 1894, s. 26.-Encroachments upon & highway may be removed by the urban district council without first proceeding summarily or by indictment against the person causing the obstruction.-Reynolds v. The Urban District Council of Presteign,

L.R. [1896] 1 Q.B. 604 ; 74 L.T. 422. (viii.) H. L.-Public Conveniences Below the Surface of a Street-Public

Health Act, 1875, s. 149–- Tunbridge Wells Improvement Act, 1890, ss. 4, 93.—Where a street is vested in an urban authority by the Public Health Act, the authority has only such property in the soil as is necessary for the maintenance of the highway, and have no right to make public conveniences below the surface. — Mayor of Tunbridge

Wells v. Baird and Others, 74 L.T. 385. (ix.) Q. B. D.-Differences between District Councils -- Mode of Adjustment

Local Government Act, 1888, ss. 57, 59 (4 and 6), 02 (2).-Sect. 62 (2) of the Local Government Act, 1888, provides for the settlement by arbitration of differences between district councils “if no other mode

of determining such difference is provided by this Act.”

« PreviousContinue »