« PreviousContinue »
Friendly Society:(i.) C. A.-Infant Members—Instrument of Dissolution signed by Fathers
and Guardians-Friendly Societies Act, 1855, 88. 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.  2 Ch. 554; 74 L.T. 714
Gas Company :-
Gas Works Clauses Act, 1871, ss. 11, 39.-Decision of Court below (see
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.  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. 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.  A.C. 315; 74 L.T. 595.
Husband and Wife : (vi.) P. D. – Desertion — Time for Proceedings – Summary Jurisdiction
(Married Wl'omen) Act, 1895, ss. 4, 11. -The desèrtion 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.  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-s. (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 or 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. 
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.  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,
L.R.  1 Q.B. 461 ; 74 L.T. 350. Improvements :(vi.) Ch. D.--Tenants in Common-MortgageSale- 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.  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.  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.
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. (189672 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 a 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.  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.
ease :(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.  2 Cħ. 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.-Rey. 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.  1 Q.B. 655 ; 74 L.T. 726. Limitations :(ii.) C. A. – Rent-Charge Non-payment Extinguishment Statute of
Limitations, 3 & 4 WVm. 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. A.-District Council--Refusal to Approve 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.  2 Q.B. 219 ; 75 L.T. 86. (iv.) C. A.--Street-paving Expenses-- Apportionment--- Arbitration--Enforcing
Award-Public Health Act, 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 Private Drain”—Public Health Act, 1875, 8. 41
Amendment Act, 1890, s. 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.  1 Q.B. 636 ; 74 L.T. 492. (vii.) Q. B. D.-Obstruction on Highway-Removal—Public Health Act, 1875,
s. 149–Local Government Act, 1894, s. 26.--Encroachments upon a 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.  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), 62 (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.” 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 Estate—Lunacy 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 inquisition 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
diction—Matrimonial 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.
Married Woman :(iv.) Ch. D. & C. A.-Separate Estate - Restraint 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.  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 Estate—Restraint 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-Barrs 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 Judgment—Married 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-Barrs v. Heriot (see above) explained.-Whiteley V. Edwards, L.R. 
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, r. 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.  2 Q.B. 99; 74 L.T. 723.