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The only other mode is by terms of the order issued by a county council under sect. 57 of the Act.—An Arbitration Between the Sowerby Urban District Council and the Mytholmroyd Urban District Council, 74 L.T. 313.

Lunacy : (i.) C. A.Jurisdiction - British Subject Detained as Lunatic Abroad

Not so Found by Inquisition "-Management of EstateLunacy Act, 1890, s. 116, sub-s. 1 (c) 2.-An order for the management of the estate of a lunatic will not be made unless the lunatic is so found by inquisi. tion or is resident within the jurisdiction.—In re Florence Louise

Watkins (a person of unsound mind), L.R. (1896] 2 Ch. 336 ; 74 L.T. 505. (ii.) Nisi Prius.-Lunatic's Business Carried on by Committee-Personal

Liability ?-A committee appointed by the Court to carry on the business of a lunatic is in a different position from that of a manager and receiver. The committee has no personal liability for credit

given to the firm.- Isaacs v. Chinery, 74 L.T. 320. Marriage Settlement:(iii.) C. A.-Divorce-Variation of Settlement-Death of Petitioner--Juris

dictionMatrimonial Causes Acts, 1859, s. 5, and 1878, s. 3.--On obtaining a decree absolute for dissolution of her marriage a husband, in terms of an arrangement with his divorced wife, filed a petition to vary the marriage settlement. Before any further step had been taken he died. Held, that the Court had no jurisdiction to make the order to vary on the application of the executor.Thomson v. Thomson, 74 L.T. 801.

not a


Married Woman:(iv.) Ch. D. & C. A.-Separate EstateRestraint on Anticipation--Con

veyancing Act, 1881, s. 39.—The Court refused the application of a married woman to be relieved of a restraint on anticipation in order to pay off a debt contracted with a money_lender.-Pollard's Settle

ment, L.R. [1896] 1 Ch. 901 ; 2 Ch. 552; 74 L.T. 374; 75 L.T. 116. (v.) C. A.Costs in Probate Action-Restraint on Anticipation-Caveat is

Proceeding " within Married Woman's Property Act, 1893, s. 2. -Decision of Probate Division (see Vol. 21, p. 79, i.) affirmed.

Moran v. Place, L.R. (1896] P. 214; 74 L.T. 661. (vi.) H. L.-Separate EstateRestraint on Anticipation-Liability of Income.

-Income from property of a married woman subject to a restraint on anticipation can be taken in execution as soon as it is accrued due. Decision of C. A. reversed.-Hood-Barr's v. Heriot, L.R. (1896] A.C. 174;

74 L.T. 353. (vii.) C. A.-Separate Estate subject to Restraint-Liability of Arrears

Accruing due since JudgmentMarried Women's Property Act, 1882, ss. 1 and 19.—A judgment against a married woman with separate estate subject to restraint on anticipation cannot be enforced against arrears of income which have become due since the judgment. Hood-Barr's v. Heriot (see above) explained.-Whiteley v. Edwards, L.R. [1896]

2 Q.B. 48; 74 L.T. 720. Mayor's Court:-(viii.) C. A. Practice-Mayor's Court-Time for Appealing - The Mayor's

Court of London Procedure Act, 1857, s. 8, 0.59, 1. 16.– The High Court has no jurisdiction to extend the time for giving notice of appeal in the Mayor's Court.Kirby v. The North British and Mercantile Insurance Co., Limited, L.R. (1896] 2 Q.B. 99; 74 L.T. 723.


Metropolis :(i.) Q. B. D.-London Building Act, 1894, 88. 54 (3); 59; 75; 77 (3).

One portion of a wall may be a party wall, and another portion an external wall only, not subject to the requirements of the London Building Act, 1894, affecting party walls. Drury v. The Army and

Navy Auxiliary Stores, L.R. (1896] 2 Q.B. 271; 74 L.T. 621. (ii.) Q. B. D. – Nuisance Order-CostsCounty Court-Summary Jurisdic.

tion Act, 1818, s. 11; Public Health (London) Act, 1891, ss. 11 and 117.-Sect. 11 of the Summary Jurisdiction Act, which prescribes that complaints or information under the Act shall be laid within six months from the time when the matter of complaint arose, applies to county court actions under sect. 11 of the Public Health Act for recovery of costs of enforcing a nuisance order. The Vestry of

Hammersmith v. Lowenfeld, L.R. (1896] 2 Q.B. 278; 75 L.T. 182. Metropolis Management:(iii.) Q. B. D.- New Street with Houses on one side only-Paving New Foot

path where Houses built on other side-Appointment-Jetropolis Local Management Act, 1855, s. 105.-At a time when a new street had houses upon the north side only, the cost of paving under sect. 105 of the Act was charged upon and paid by the owners of these houses. Subsequently houses were built and a footpath made on the south side. Held, that the local authority had no jurisdiction to compel further contribution from the owners on the north side. -White v. The Vestry

of the Parish of Fulham, 74 L.T. 425. (iv.) Q. B. D. & C. A.-Drainage " Sever—Metropolis Management

Act, 1855, ss. 68, 69, 74, 250- Amendment Act, 1862, 88. 47, 48.—The owner of a block of houses, without order from the vestry and without approval by the Board of Works, drained them by one pipe running into a sewer in another street. Held, that the pipe was a “ sewer" notwithstanding sects. 69 and 250 of the Metropolis Management Act, 1855, and was to be repaired by the Vestry.-Reg. v. Vestry of St. Matthew, Bethnal Green, L.R. [1896] 2 Q.B. 95 and 319; 74 L.T. 701 and 75 L.T. 60.

Mines :(v.) C. A.-Inspector of MinesAuthority to Agent to Lay Information

Metalliferous Mines Regulation Act, ss. 33 and 35.-An inspector of mines can authorise an agent to lay information in a court of summary jurisdiction in the inspector's name for an offence under the Act.

Foster v. Fyfe and Another, L.R. (1896] 2 Q.B. 104; 74 L.T. 784. Mortgage :(vi.) C. A.-Power of Sale to one of Several Mortgagors.- In a mortgage by

tenants in common, the mortgagee may sell to one of the mortgagors, without notice to the others, for the amount of principal, interest and costs, and even though the purchaser was manager for his co

mortagors.--Kennedy v. De Trafford, L.R. [1896] 1 Ch. 762; 74 L.T. 599. (vii.) C. D.-Equitable Mortgage-Fraud- Priorities Conveyancing Act,

1881, ss. 2, 54, 55.—A solicitor fraudulently procured a conveyance to himself of an equity of redemption by a trustee. The deed contained a receipt for purchase money though none was paid. The solicitor deposited the deed with his bankers, who had no notice of the fraud, as security for a loan. Held, that the deed was not void, though possibly voidable between the solicitor and the trustee; and that the bankers had priority over the trustee and the cestuis que trust.-Lloyd's Bank, Limited v. Bullock, L.R. [1896] 2 Ch. 192; 74 L.T. 687.

(i.) C. D.-Equitable Mortgage of Land within Yorkshire Registries Act,

1884, ss. 3, 7, 14-Subsequent Mortgage Registered first.—To secure an advance of money two tenants in common of land subject to the Yorkshire Registries Act, deposited the title deeds of the estate with a bank. The bank did not register the charge. The solicitor to both of the tenants in common, who was aware of the claim of the bank, took a mortgage from one of them, unknown to the other, and registered his charge. Held, that as it was the solicitor's duty to obtain the sanction of his principal to any transaction which would give him a security over the property of his principal, the non-disclosure amounted to “ actual fraud ” within the meaning of the Act, and gave to the security held by the bank a priority over the mortgage held by the solicitor.Batteson v. Hobson, L.R. (1896] 2 Ch. 403 : 74 L.T. 689.

(ii.) C. A.-Consolidation. The right to consolidate mortgages which are

united in title exists against the assignee of the equity of redemption of all the mortgages made before the unity of title. -Pledge v. White and Others, L.R. (1896] A.C. 187; 74 L.T. 323.

Municipal Corporation :(iii.) Q. B. D.-Bye-law against Street BettingMunicipal Corporation Act,

1882, s. 23.—A bye-law of the borough of Wolverhampton that any person who shall frequent or use any street or other public place within the borough for the purpose of bookmaking or betting or wagering, or agreeing to bet or wager, with any person shall be liable to a penalty not exceeding £5," was held to be properly made under sect. 23 of the Act, and valid.Burnett v. Berry, L.R. [1896] 1 Q.B. 641 ; 74 L.T. 494.


National Schools :-
(iv.) Ch. D.-Trustees are Owners —Contribution to Cost of Making up

Street-Public Health Act, 1875, ss. 4, 257 ; School Sites Act, 1841, s. 6.-
Trustees are

within sect. 4 of Public Health Act, 1875, of school premises conveyed to them under sect. 6 of School Sites Act, 1841, and costs of metalling a street may be made a charge on the school buildings.Hornsey District Council v. Smith, L.R. (1896] 2 Ch. 254; 74 L.T. 415.


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Negotiable Instruments : (v.) C. A.-Promissory Note on Demand -Maturity-Renunciation-Bills

of Exchange Act, 1882, ss. 8 (4), 62 (1, 2), 83 (i), 89 (1, 2), 97 (2).—A promissory note payable “ on demand” matures as soon as it is made and delivered. The delivery up of a note to a devisee of the maker with the intention of renouncing it is not a renunciation either at law or in equity without writing. - Edwards v. Walters, L.R. 2 Ch. 157; 74 L.T. 396,

Nuisance:(vi.) C.D.-ExhibitionCabs-Nuisance Injunction.- Where cabs assembled,

under police supervision, near the plaintiff's residence at night, for the conveyance of persons quitting an exhibition, the Court refused an injunction against the proprietors of the exhibition.-Germaine v. The

London Exhibitions, Limited, 75 L.T. 101. (vii.) Q. B. D.--Overcrowding-Misdescription in Summons and Order

Public Health (London) Act, 1891, s. 2.-On an order for abatement of a nuisance by overcrowding, a rule nisi for a certiorari was obtained

as a

on the grounds that in the summons and the order the place where the overcrowding occurred was not described in the words of the Act

house,” and that the persons who were on the premises were not “inmates.Held, that the rule should be discharged.—Reg. v.

Slade ; e. p. Robinson, 74 L.T. 656. Partnership :(i.) C. D.-Foreign Firm Located Abroad-Administration of English

Estate of Deceased Partner-English Creditors-Conflict of Laws. The rule of English law that a creditor of a firm can proceed against the surplus separate estate of a deceased partner without first exhausting the partnership assets, holds good as to a partner of a foreign firm who dies in England possessed of property here, even though the rule be contrary to the law of the State in which the firm is domiciled.

In re Doetsch; Matheson & Co. v. Ludwig, 75 L.T. 69. (ii.) Ch. D.- Articles of Partnership in Brewery-Death of one Partner

Purchase by Survivor-GoodwillTied Public-Houses.-A deed of partnership for a fixed period in a brewery provided that on the death of one partner the survivor should have the option of purchasing the property and effects at a valuation. After the fixed period had expired, the partnership was continued without any agreement. On the death of a partner the survivor exercised his option. Held, that the goodwill must be valued separately, except as to tied public-houses.Page v. Ratliffe, 74 L.T. 343.

Poor Law:(iii.) H. L.-Rating--Fine Art Society-Liability6 & 7 Vict. c. 36, s. 1.

An art society for the benefit of subscribers only, each of whom obtains a valuable return for his subscription is not exempt from being rated within sect. 1 of the Parochial Assessments Act. Judgment of Court below (see Vol. 19, p. 17, vi.) reversed.-Overseers of the Savoy v.

Art Union of London, L.Å. (1896] A.C. 296 ; 74 L.T. 497. (iv.) C. A.-Rating-Beneficial Occupation.Decision of Divisional Court (see

Vol. 21, p. 16, iii.) reversed.-London County Council v. Churchwardens and Overseers of Lambeth, L.R. (1896] 2 Q.B. 25; 74 L.T. 605.

Post Office :(v.) Q. B. D.--Railway Companies--Postal ParcelsOutward and Inward

Stations-Post Office (Parcels) Act, 1882. “ Inwards station " is that to which a post office receptacle is directed. “Outwards station " is that at which the receptacle is delivered to the railway company.—Reg. v. London & North Western Railway, 74 L.T. 624.

Power :(vi.) C. A.-Appointment to First Wife— Then to Children - Appointment to

Second Wife Invalid.- Decision of Court below (see Vol. 21, p. 80, ii.) affirmed.-In re Hancock ; Malcolm v. Burford Hancock, L.R. (1896) 2 Ch. 173 ; 74 L.T. 658.

Practice :(vii.) Q. B. D.-Writ-Incorrect Description of Defendant-0. ii., r. 3.-A

defendant, who resided in Ireland, was incorrectly described in a writ which was served upon him in England as of a place in the county of Lancaster. Held, that the writ was good.- Smith v. Hammond, L.R. [1896] 1 Q.B. 571; 74 L.T. 590.

(i.) C: A.-Case stated on Appeal from Order Granting Distress Warrant on

Account of Poor Rate-- Appeal from Queen's Bench- Judicature Act, 1873, s. 47.—No appeal lies from a decision of the Queen's Bench Division on a case stated on appeal from an order for a distress warrant to enforce payment of poor rate.-Seaman v. Burley, L.R. (1896]

2 Q.B. 344 ; 75 L.T. 91. (ii.) C. A.-Examination of Witnesses AbroadLetters of Request to Foreign

Tribunals 0. xxxvii., r. 6 (a).—Letters of request to foreign tribunals for the examination of witnesses abroad should only be issued when the evidence to be obtained is material to the main question, not when it is merely collateral. Decision of Court below reversed.

Ehrmann v. Ehrmann, 75 L.T. 37. (iii.) C. A.-Security for Costs-Plaintiff out of Jurisdiction-Application

after Delivery of Defence~0. lv., 1. 6.-0. lv., r. 6, which provides that security for costs may be “ given at such times as the Court or Judge shall direct," abrogates the old rule in Chancery that application for security must be made in a reasonable time.-In re Smith; Bain v. Bain,

75 L.T. 46. (iv.) C. A.-CostsTaxation-Action for Tort Remitted to County Court

Appeal after OrderCounty Courts Act, 1888, 8. 66.-An action for tort was remitted to the county court, but before the order was lodged the plaintiff took an interlocutory appeal to the Court of Appeal, and was allowed costs. Held, that these costs must be taxed by the officer of the High Court, and that sect. 66 of the County Courts Act, 1888, did

not apply.--D'Errico v. Samuel, 75 L.T. 59. (v.) C. A.-Judgment against a Married Woman-Examination in aid of

Execution.0. xlii., 7. 32.—Where an order was made under 0. xlii., r. 32, for the examination of a married woman, who was a judgment debtor, as to her separate estate not subject to restraint, it was held that the Court had no jurisdiction under the order to compel the examination “of any other person.Hood-Barrs v. Heriot, L.R. (1896] 2 Q.B. 338;

75 L.T. 15. (vi.) C. A.-Receiver before Probate-Caveat-Lis Pendens-Judicature Act,

1873, s. 25, sub-s. 8.—Where a caveator who has been warned has merely entered an appearance, a receiver of the testator's property cannot be appointed on his application, as there is no lis pendens.

Salter v. Salter, 75 L.T. 7. (vii.) C. A.-Service out of Jurisdiction-Notice of otion with Notice of

Writ~0. xi., r. 1; 0. lii., r. 9.—Leave to serve notice of motion, with notice of writ, out of the jurisdiction upon foreign defendants, will be given without prejudice to any question which may be raised on the

order.- Overton & Co. v. Burn, Lowe & Sons, 74 L.T. 776. (viii.) C. A.Interrogatories-Member of Company_0.xxxi., r. 4.—The plaintiff

sought to deliver interrogatories to the defendant company to be answered by a particular individual, a member of the company. An order was made that interrogatories might be delivered for answer by

the proper officer of the company.' Held, that the order was properly made, and that before application was made for leave to deliver interrogatories to a member of a company, notice should be served upon him.- Chaddock v. The British South Africa Co., L.R. (1896]

2 Q.B. 153; 74 L.T. 755. (ix.) Q. B. D.-Originating Summons to revoke submission to Arbitration

AppealJudicature Act, 1894, s. 1 (4):--An appeal from the decision of a Judge in Chambers on an originating summons for leave to revoke a submission to arbitration within sect. of the Arbitration


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