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Compensation : (i.) Q. B. D.- Railway Company-Compulsory Taking of Land.-Where

land was underleased at less than rack rent for the whole term less one day with provisoes that the land should be maintained for a purpose which brought no profits to the underlessee, and that if any part of it should be required by a public company under statute the original lessee could re-enter such part, it was held that he was entitled to be paid the full commercial value of a portion taken by a railway company under its private Act.In re An Arbitration between Morgan and Another and the London and North-Western Railway Co., L.R. [1896] 2 Q.B. 469; 75 L.T. 226.

Copyhold :(ii.) C. A.-Heriot-Right to Seize Outside the Manor.—A beast may be

seized as a heriot although it has never been within the manor (see also 22, p. 8 (vi.) ).-Western v. Bailey, L.R. (1897] 1 Q.B. 87; 75 L.T. 210.

Copyright :(iii.) C. A.-InfringementMusic Printed and Published Abroad-Importation

and Sale - English Copyright-Copyright Act, 1842, ss. 2, 11, 13, 15 17– International Copyright Act, 1844, ss. 2, 3, 10.—The plaintiff was the assignee, though unregistered, of the English copyright of a piece of music which was first printed_and published in Leipzig. The defendant imported copies from Brussels and sold them in England. Held, that the plaintiff was entitled to an injunction.Pitts v. George and Co., L.R. (1896] 2 Ch. 866 ; 75 L.T. 320.

Criminal Law:(iv.) C. C. R.-False PretencesIndictmentCountsEvidence- Permissible

QuestionsMisdemeanour and Larceny-Concurrent Sentences, 27 & 28 Vict., c. 47, s. 9.-In an indictment for obtaining goods by false pretences, the counts should be restricted to those necessary to formulate the charge, and if they are numerous, the Court may be asked to try each one separately. At the trial, the person defrauded may be asked what opinion he formed of the position and occupation of the accused on the receipt of a letter containing the false representations. If the accused is convicted of the charge, he cannot afterwards be convicted of larceny on the same facts. A sentence on a ticket-of-leave man for a fresh offence cannot be made concurrent with

the unexpired part of the old sentence.Reg. v. John King, 75 L.T. 392. (v.) C. C. R.- Assistant OverseerEmbezzlement-Indictment-Servant of

Inhabitants of Parish.43 Eliz., c. 2–59 Geo. III., c. 12, s. 7– 24 & 25 Vict., c. 96, s. 68451 & 52 Vict., c. 41, s. 75 -56 & 57 Vict., c. 73, ss. 5, 6, 81.-An assistant overseer is not, by the Local Government Act, 1894, constituted a servant of the parish council, and in an indictment of such an officer for embezzlement, he was properly described as in the employment as servant of the inhabitants of the parish, and money received by him for rates was rightly described as their property.-Reg. v. Smalman, L.R. (1897] 1 Q.B. 4; 75 L.T. 394.

Ecclesiastical Law : (vi.) Consistory Court of Norwich. - Faculty.A faculty was

ordered to be issued for the retention of three figures on a screen in a parish church.Banham (Rector of), Suffolk v. Parishioners of Same, L.R. (1896] 2 Q.B. 256.

Fixtures : (i.) Q. B. D.-Tenant's Fixtures may become part of Freehold.-A tenant

who, on the termination of his tenancy, leaves on the premises his fixtures under an agreement with the landlord that they may be subsequently removed, loses his right to such removal after mortgagees have entered into possession.Thomas V. Jennings, 75 L.T. 274.

Foreign Court:(ii.) Q. B. D.-- Company Winding up-Property Abroad - Foreign Court

Judgment in remCompanies Act, 1862, 88. 84, 87, 163.—Where a foreign Court, in a proceeding in rem, orders a chattel within its jurisdiction to be sold and the proceeds divided amongst claimants, one of these who is in England cannot be declared by the English Courts a trustee for another person, though the latter would, according to English law, have a preferential title to the chattel, and though the claimant had notice of that title when making his claim in the foreign Court. Castrique v. Imry followed.—The Minna Craig Steamship Co., Limited, and James Laing, L.R. (1897] 1 Q.B. 55 ; 75 L.T. 354.

Franchise :(iii.) Q. B.D.-RegistrationOld Lodger Claim-Omission of Declaration

Jurisdiction to Amend Parliamentary and Municipal Registration Act, 1878, 8. 28 (2).—Where from an old lodger claim otherwise in order the declaration in Form H., No. 2, of the Registration Order, 1895, was omitted, it was held, that the revising barrister had jurisdiction to correct the claim by inserting the declaration.-Francis v. Metcalfe, 75 L.R. 380.

Friendly Society :(iv.) C.D.-Failure of Objects-Charity-Cy Près. —A friendly society formed

for the relief of distressed members had dwindled to one member, and one annuitant whose annuity was amply secured, when a testator bequeathed to it a legacy. Held, that the society, not being a mutual insurance society and poverty being a qualification for relief, was a charity and that the legacy was applicable cy près.-In re Buck; Bruty v. Mackay, L.R. (1896] 2 Ch. 727 ; 75 L.T. 312.

Highway:(v.) Q. B.D.-Person by whose order Extraordinary Traffic has been conducted

-Highways and Locomotives (Amendment) Act, 1878, s. 23.-A private landowner who bought building materials to be delivered free on to his premises, and who was aware that a traction engine would be used for their draught, was held to be the person by whose order extraordinary traffic was conducted on a public highway and therefore liable to contribute towards the road repairs, under sect. 23 of the Highways and Locomotives Act, 1878.-Kent County Council v. Lord

Gerard, 75 L.T. 247. (vi.) Q. B. D.-Gas Company-Negligence in Repairing Highway-Right of

Action against CompanyGas Works Clauses Act, 1847, ss. 11, 29.Where a jury had found that a gas company after opening a highway, had left the road in a condition which constituted a public nuisance, it was held that the company were liable for mischief caused by their negligence, notwithstanding sect. 11 of the Gas Works Clauses Act, 1847.Goodson v. Sunbury Gus Consumers Co., Ltd., 75 L.T. 251.

Husband and Wife :(i.) P. D. -Restitution of Conjugal RightsMatrimonial Causes Act, 1884,

s. 5.—Conduct which would disentitle a petitioner to maintain a suit for judicial separation, on the ground of desertion, may empower the Court to refuse a decree compelling the respondent to return to

cohabitation.Oldroyd v. Oldroyd, 75 L.T. 281. (ii.) P. D.- Living Apart by Consent-Desertion-Summary Jurisdiction

(Married Women) Act, 1895.—Where husband and wife have been living apart by mutual consent cohabitation must be resumed and broken to sustain a summons for desertion. Fitzgerald v. Fitzgerald and Reg. v.

Lereche considered.-Bradshaw v. Bradshaw, 75 L.T. 391. Insurance:(iii.) Q. B. D.-FireIndemnity--Benefit to Insurer of Contract of Assured.

– The insurer under a fire policy can recover any benefit which the assured has received from other sources in excess of his loss, and also the value of rights which the assured may have renounced against third parties.-West of England Fire Insurance Co. v. Isaacs, L.R.

[1896] 2 Q.B. 377. (iv.) C. A. & Q. B. D.-Policy on Freight-Claim Consequent on Loss of

Time Excepted Frustration of Adventure. -A time policy which insured freight against total loss or general average contained a clause “warranted free from any claim consequent on loss of time, whether arising from perils of the sea or otherwise.” Soon after the vessel had started with a cargo it was disabled by perils of the sea and had to put back and discharge at the port of loading. The adventure was frustrated by the delay and the freight was totally lost. Held, reversing the decision of the Court below, that a claim made for the loss of freight was “a claim consequent on loss of time,” and that the assured could not recover.-Bensaude and Others V. The Thames and Mersey Marine Insurance Co., L.R. (1897] 1 Q.B. 29; 75 L.T. 155 and

405. Justices :(v.) Q. B. D.-Search Warrant-Sufficiency of Information-Specification of

Goods.—To justify a magistrate in granting a search warrant it is sufficient if the information can be fairly understood as alleging reasonable grounds for suspecting that the goods sought for are being feloniously dealt with by the defendant, and the search warrant need not specify the goods for which search is desired.Jones v. German,

L.R. (1896] 2 Q.B. 418; 75 L.T. 161. Lands Clauses Act:(vi.) C. A.ArbitrationCostsLands Clauses Act, 1845, s. 34.–By sect. 34

of the Lands Clauses Act, unless an arbitrator “ shall award the same or a less sum than shall have been offered by the promoters of the undertaking,” costs are to be borne by the promoters. Held, that the exception applies only when the subject matter of the award and of the offer is the same.—Miles v. Great Western Railway, L.R. [1896]

2 Q.B. 432; 75 L.T. 290. Lease : (vii.) C. A.-Licence to assign-Deposit of Money-Money in Nature of a Fine

-Conveyancing Act, 1892, s. 3.-Under a covenant by the lessee of a building lease not to assign without licence, the lessor may demand as a condition for granting the licence the deposit of a sum of money as security for the performance of the covenants of the lease, as such a deposit is not “in the nature of a fine.”-In re Cosh's Contract, L.R. [1897] 1 Ch. 9; 75 L.T. 365.

Libel:(i.) C. A.-- Communication of Contents of Libellous Publication.-A person

into whose hands a libellous publication comes is not answerable to the publisher for communicating the contents to the person libelled.The Seyd and Kelley's Credit Index Co., Limited v. Saunders and Chapman, 75 L.T. 193.

Limitations :(ii.) C. D.-Settled EstatesReal Property Limitations Acts, 1833, ss. 1, 3,

20, and 1874, ss. 1 & 2.–By a settlement made in 1857 a life tenant was entitled to the reversion of land let from year to year, with a power, which he exercised, of appointment subject to a second life tenancy. Circumstances happened under which it was admitted that by the Statutes of Limitations the life tenant's right to recover this land was barred in his lifetime. The second life tenant died without having recovered possession. Held, that the estate of the appointee was not barred by sect. 20 of the Real Property Limitations Act, 1874, and that the appointee was entitled under sect. 2 of the Act of 1874 to recover the land within six years from the death of the last tenant for life.--In re Earl of Devon's Settled Estates ; White y. Devon ; Steer v. Dobell, L.R. (1896] 2 Ch. 562 ; 75 L.T. 178.

Local Government:(iii.) C. A. - Public NuisanceRight of Action by Local Authority-Public

Health Act, 1875, s. 107.—The proceedings in a superior court which under sect. 107 of the Public Health Act a local authority may cause to be taken are the ordinary proceedings, and in the absence of special damage, the fiat of the Attorney-General is necessary to empower such an authority to sue for the abatement of a public nuisance. Wallasey Local Board v. Gracey followed. Tottenham Urban District Council v. Williamson & Sons, Limited, L.R. (1896] 2 Q.B. 353 ; 75 L.T. 238.

Married Woman: (iv.) C. A.-Settled Funds - Removal of Restraint on Anticipation--Con

veyancing Act, 1881, s. 39.—Under sect. 39 of the Conveyancing Act the Court ordered the sale of a part of trust funds in which a married woman had a life interest with restraint on anticipation, when it was of opinion that such a course was for her benefit.-In re Wilson Stewart ;

Keown-Boyd v. Gilmour, 75 L.T. 381. (v.) C. A.-Restraint on Anticipation--Omission of Words " for her Separate

Use—Married Woman's Property Act, 1882, ss. 1, 2, 19.—When by a marriage settlement executed before the Married Woman's Property Act, 1882, came into force, an estate was vested in trustees for the use of the woman during life “ without impeachment of waste and without power of anticipation,” it was held that the restraint was effectual although there was no gift “ for her separate use.”In re

Lumley ; e. p. Hood-Barrs, L.R. (1896] 2 Ch. 695 ; 75 L.T. 236. (vi.) Q. B. D. --Carrying on Trade-Act of Bankruptcy--Married Woman's

Property Act, 1882, s. 1, sub-s. 5. -A married woman who has given up a business which she had carried on separately from her husband continues subject to the bankruptcy laws until all her trade debts are paid. The issue of a circular by a trader calling a meeting of creditors in such circumstances that it would be dishonest to pay creditors separately before the date of the meeting amounts to an act of bankruptcy.-In re Dagnal ; e. p. Soan and Morley, L.R. (1896] 2 Q.B. 407; 75 L.T. 142.

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Master and Servant:(i.) C. A.-School Established Under Deed-Appointment and Dismissal of

Schoolmistress.—Where the mistress of a public elementary school, which was established under a deed of trust, had been appointed and dismissed by an irregularly constituted committee, it was held that she had no right to an injunction to restrain the committee from removing her, notwithstanding that the deed vested the appointment and dismissal of the teaching staff in another body than the committee. Lane Norman distinguished. Pottle v. Sharpe, 75 L.T. 265.

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Metropolis Management: (ii.) C. A.-Drainage-New System-Discontinuance of Old Drain--Expense

of New Drain-Metropolis Management Act, 1855, ss. 69 & 73.- The owner of a house the drain of which even though it be not “a sufficient drain” within sect. 73, is discontinued in consequence of a new system of drainage being carried out by a vestry under sect. 69 is not liable for the expenses of making a new house drain.—Vestry of St.

Martin-in-the-Fields v. Ward, L.R. [1897] 1 Q.B. 40; 75 L.T. 349. (iii.) Q. B. D.-New Street-Paving-Liability of LandownerMetropolis

Management Act, 1855, s. 105 ; Amendment Act, 1862, ss. 77, 112.-A highway 200 yards long with two houses only on it was laid out as a road and paved by the local authority. Held, that the road was not a “new street" within sect. 105 of the Act of 1855 or sect. 77 of the Act of 1862, and that the owner of a plot of land abutting on the road was not liable for paving expenses - Vestry of the Parish of St. Mary,

Battersea, v. Palmer and Another, 75 L.T. 362. Mortgage :(iv.) C. D.-Mortgagee of both Fee and Particular Estate--Redemption

Consent of Mortgagee.—Mortgaged real estate was devised to a wife during the minority of her two children, and was to be equally divided, when the children attained 21, between the wife and the children, “whichever of them might be living at that time.” The widow mortgaged her interest to the mortgagee of the fee and died intestate in the minority of the two children. Held, that the children as remaindermen were not, during the continuance of the particular estate, entitled to redeem without the consent of the mortgagee.

Prout v. Cock, L.R. [1896] 2 Ch. 808; 75 L.T. 409. (v.) C. D.--Claim as Mortgagees and as CreditorsCosts. - Where a

mortgagee, in an action against devisees and personal representatives of a deceased mortgagor, claims general administration in addition to ordinary relief, he will only be allowed costs so far as they relate to

his mortgage security. In re Banks ; Dawes v. Sladen, 75 L.T. 387. Nullity:(vi.) P. D.-Nullity of MarriageNon-ConsummationInference.—A decree

nisi for nullity of marriage was granted on an inference of some latent incapacity beyond what was disclosed by the medical evidence.

F. v. P., 75 L.T. 192. Partnership :(vii.) C. D.-Brewery-ArticlesOption to Purchase by Surviving Partner

ValuationTied Public HousesGoodwill-Allowance-Partnership Act, 1890, s. 42.-Partnership articles in a brewery business provided that the share of a deceased partner should be ascertained in a certain manner, and thereupon " the continuing partner should have the option to become the purchaser on terms set out. The continuing

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