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entitled to a rescission of the contract. In re White and Smith's Contracts and the Vendor and Purchaser Act, 1874, L.R. [1896] 1 Ch. 637; 74 L.T. 377.

(i.) C. D.-Deed of Assignment Bankruptcy · Conveyance- Doubtful Title-13 Eliz., c. 5-Under a deed of assignment a trustee for creditors entered into possession of freehold property. Shortly after the debtor was adjudicated a bankrupt, and subsequently the creditors' trustee sold the freehold by auction. Held, that the purchaser was right in refusing to accept the title without the concurrence of the trustee in bankruptcy.--In re Poppleton and Jones's Contract and the Vendor and Purchaser Act, 1874, 74 L.T. 582.

Trustee

Conveyance

(ii.) C. D.- Married Woman Concurrence of Husband-Married Women's Property Act, 1882, ss. 1, 18, 24.-The Act does not empower a married woman to convey without the concurrence of her husband property of which she is a trustee.-In re Harkness and Allsopp's Contract, L.R. [1896] 2 Ch. 358; 74 L.T. 652.

Volunteer Corps:

(iii.) Q. B. D.— Rules as to Non-Efficients— Volunteer Act, 1863, s. 24.—It is ultra vires for a volunteer corps to make a rule that any member of the corps who should fail to make himself efficient and earn the capitation grant, shall pay to the corps a sum equal to the capitation grant which he has failed to earn.-Reg. v. Lewis and Moss, L.R. [1896] Q.B. 665; 74 L.T. 551.

Will:

(iv.) P. D.-Construction.—A bequest of "shares" in a company was held to pass debenture stock which was the only holding of the testatrix in the company. In re Weeding; Armstrong v. Weeding, L.R. [1896] 2 Ch. 364; 74 L.T. 651.

(v.) C. A.-Construction-Legal Disability.-Decision of Ch. D. (see Vol. 21, p. 85, vii.) affirmed.—In re Carew; Carew v. Carew, L.R. [1896] 2 Ch. 311; 74 L.T. 501.

(vi.) Ch. D.-Construction-Bequest of "All my Money"-Contingent Interests-Bequest of Specific Sum invested in B. Company-Shares at Premium.-A testatrix who, amongst other property, possessed 500 shares (nominally of £1 each, but worth more) in a dairy company and was entitled in reversion to certain railway stock, bequeathed, in the terms of her will, "all my money except the sum of £400 invested in the Belgravian dairy company " in trust for certain persons. 66 The interest of the money in the Belgravian dairy company" she gave to three other persons for life" in equal sums"; and added "on their deaths I will that the whole sum invested as above be used for the purpose " specified. One of the life beneficiaries predeceased the testatrix. Held, that 400 shares represented the capital sum of which the three beneficiaries were to have the interest for life; that "on their deaths" meant on the death of the survivor; that the share of the one who died in the life of the testatrix was payable to the surviving beneficiaries in equal parts for their joint lives; that the survivor would take the whole interest on the 400 shares for life; and that "all my money was the residue of the testatrix's personal property, whether in possession or reversion.—In re Buller; Buller v. Giberne, 74 L.T. 407.

(vii.) C. A.-Bequest of Furniture to A.-Power to B. to take all he might desire from same Furniture-Equitable Charge within Locke King's Act Amendment Act, 1877, s. 1.-A testator gave to one person by will all the furniture in a house except such as should be otherwise disposed

of; and by codicil he gave to another person everything this person might desire from the said furniture, except certain articles. Held, that the person named in the codicil could take all the furniture, other than the excepted articles. Where land is made security for a debt by any instrument which gives to the person entitled to the charge an equitable interest in the land, such instrument creates an equitable charge within the meaning of Locke King's Amendment Act, 1877.— In re Sharland; Kemp v. Rozey (No. 2), 74 L.T. 664.

(i.) C. D.--Covenant to Pay Sum Certain-Payable at Certain Time— Interest-3 & 4 Wm. IV., c. 42, s. 28.- Where a testator, covenanted to pay a fixed sum of money within six months after his death, it was held that interest at 5 per cent. was payable from the end of the six months till the money was paid.-In re Horner; Fooks v. Horner, L.R. [1896] 2 Ch. 188; 74 L.T. 686.

(ii.) C. D.-Tenant for Life and Remainderman- Reversion-Discretionary Power of Sale-Construction.-A testator left property, part of which consisted of a reversion expectant on the death of his mother, upon trust for his mother for life with remainder to others, with a discretionary power of sale on the trustees, which was not exercised. Held, that the personal representative of the mother was not entitled to any share or proceeds of the sale of the reversion. -- In re Pitcairn ; Brandreth v. Colvin, L.R. [1896] 2 Ch, 199.

(iii.) C. D.-Construction-Absolute Gift-Direction to Pay Part of Proceeds of Sale-Repugnant and Void.-A testator left tea plantations in Assam and all his other property to the plaintiff, whom he appointed sole executrix, subject to the payment of his debts; but on any sale of the tea plantations he directed her to pay out of the proceeds certain sums to other persons. Held, that there was no obligation imposed upon the plaintiff to sell, and that the direction to pay to other persons part of the optional sale was repugnant and void.—In re Elliot; Kelly v. Elliot, L.R. [1896] 2 Ch. 353; 75 L.T. 138.

Quarterly Digest

OF

ALL REPORTED CASES

IN THE

Law Times and Law Reports

FOR OCTOBER, NOVEMBER, AND DECEMBER, 1896. By THOMAS J. BARNES, of the Middle Temple, Barrister-at-Law.

DIGEST.

Where a case has already been given in the Digest for a preceding quarter, the additional report is given after the name of the case, with a reference to the volume of the Digest in which it first appeared, the thick number being the number of the volume.

Administration:

(i.) P. D.- Intestate Married Woman-Husband Bankrupt- Citation— —Sureties.—The official receiver was allowed without finding sureties to administer to a small estate of the intestate wife of a bankrupt on giving him notice without citation.-In the goods of Sarah Ann Morgan, 75 L.T. 190.

(ii.) C. D.-Insolvent Estate-Surplus-Interest―Judicature Act, 1875, s. 10— O. lv., rr. 62, 63.-In the administration of an estate in a creditor's action, any surplus which remains after discharge of the claims stated in the chief clerk's certificate is applied first in satisfaction of interest from date of order to date of payment, on debts which at law carry interest, and then on paying interest at 4 per cent. on the other debts. -In re Henley; Alcock v. Henley, 75 L.T. 307.

Adulteration:

(iii.) Q. B. D.-Sale of Food and Drugs Act, 1875, ss. 6, 13, 18, 20 & 21.— Under sect. 21 of the Food and Drugs Act a certificate was held to be admissible in evidence which drew from a comparison between the percentage of solids not fat found in a sample of milk analyzed and the percentage which genuine milk should contain the inference that a named percentage of water had been added to the sample. Fortune v. Hanson distinguished.-Bridge v. Howard, L.R. [1897] 1 Q.B. 80; 75 L.T. 300.

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Author an dPublisher:

(i.) C. D.-Half Profits-Assignment of Agreement-Receiver-Assets.-An agreement for the publication of a book cannot be assigned by the publisher without the consent of the author. A receiver in a debenture-holder's action should sell surplus copies of a book published on the half-profit principle for the benefit of all parties. Hole v. Bradbury applied to companies.—Griffith v. Tower Publishing Co., Limited, L.R. [1897] 1 Ch. 21; 75 L.T. 330.

Bankruptcy:

(ii.) Q. B. D.-Amendment of Creditors Valuation of Security-Bankruptcy Act, r. 13.--A secured creditor had on the bankruptcy of his debtor valued his security, which shortly afterwards increased in worth. The trustee in bankruptcy then tendered the assessed value, and gave written notice of intention to redeem. The creditor applied to amend his proof. Held, that the creditor had a right to amend, and that the tender and the written notice did not amount to payment.-In re Newton; e. p. National Provincial Bank of England, L.R. [1896] 2 Q.B. 403; 75 L.T. 144.

(iii.) Q. B. D.-Charging Order-Prior Act of Bankruptcy-Title to Money in Court.-Where an act of bankruptcy has been committed, a charging order subsequently made under sect. 23 of the Partnership Act is not protected by sects. 45 and 49 of the Bankruptcy Act, and money paid into Court under the order belongs to the trustee in bankruptcy.Wild v. Southwood, 75 L.T. 388.

(iv.) Q. B. D.-Solicitor's Lien-Charging Order-Solicitors Act, 1860, s. 28. There is jurisdiction to make a charging order under sect. 28 of the Solicitors Act, 1860, and it should be exercised by a registrar.—In re Wood; e. p. Fanshawe, 75 L.T. 387.

(v.) Q. B. D.-Marine Insurance-Bankruptcy of Underwriter-Salvage Rights of Brokers and of Trustee. On the bankruptcy of an underwriter, balances were due by him to brokers for losses on various policies of marine insurance. Subsequently the brokers received salvage on other losses which they had settled in account with the underwriter before his bankruptcy. Held, that the salvage was part of the bankrupt's estate, and could not be set off by the brokers against their unpaid losses.-Elgood v. Harris and Another, L.R. [1896] 2 Q.B. 491; 75 L.T. 419.

(vi.) Q. B. D.-Partnership-Solvent Partner an Infant-Dealing with Liquidator with Knowledge of Misapplication of Assets.-The rule which allows a solvent partner to liquidate the assets of a firm dissolved by the bankruptcy of a member does not apply when the solvent partner is an infant. Whoever pays partnership assets to a liquidator with a knowledge that they will be applied otherwise than to the partnership liabilities will be held liable to account.-In re Beauchamp Bros.; e. p. Carr, 75 L.T. 315.

(vii.) Q. B. D.-Fraudulent Preference-Accommodation Bill-Acceptor a Creditor-Bankruptcy Act, 1883, ss. 37, 48.-The acceptor of an accommodation bill given to a bankrupt is a creditor within sect. 48 of the Bankruptcy Act, 1883, with a right of proof under sect. 37. Payment to a surety in anticipation of enforcement of his liability may make a fraudulent preference.-In re Paine; e. p. Read v. Barnard, L.R. [1897] 1 Q.B. 122; 75 L.T. 316.

(viii.) C. A.-Debtor Domiciled Abroad-Notice-Service in EnglandBankruptcy Act, 1883, ss. 4, 6, rr. 136 to 142.—Where a bankruptcy notice has been served on a debtor in England it will not be set aside on the ground that he is a foreign subject domiciled abroad, who has

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