refers expressly to specific property.-Re Campbell's Policy Trusts, 46 L.J. Ch. 142; 25 W.R. 268.

(xxv.) Ch. Div. M. R.-Custody of Deeds-Tenant for Life.-Court will not interfere with right of legal tenant for life to custody of title deeds except where danger to the deeds is apprehended or when they are required for carrying out trusts under administration of the Court.Leathes v. Leathes, 25 W.R. 492.

(xxvi.) Ch. Div. V. C. B.—Volunteer-Widower's Son.-A marriage settle. ment contained a limitation of property of the husband in favour of his son by a former marriage: Held that such limitation was void as against a subsequent purchaser from the husband.-Price v. Jenkins, L.R. 4 Ch. D. 483; 46 L.J. Ch. 214; 36 L.T. 237; 25 W.R. 427.

Ships :

(xlv.) App. Div. Ct.-Bill of Lading-Construction-Leakage. The words "not accountable for leakage" in a bill of lading do not exempt from liability for damage to packages other than the leaky package.— Thrift v. Youle, 36 L.T. 114.

(xlvi.) App. Div. Ct.-Bill of Lading—“ Freight."—Evidence is not admissible to explain meaning of "freight:" "freight payable in London" fixes the place, but not time of payment.-Krall v. Burnett, 25 W.R. 305. (xlvii.) C.P. Div.—Charter-party—Bill of Lading—Construction.-Defendants chartered plaintiff's ship to carry cargo: charter-party provided for cesser of charterer's liability on loading, and advance of freight with demurrage at C. paid: bill of lading contained no such restriction: Held that both documents must be taken together, and that defendants' liability ceased on performance of condition of charter-party.—Barwick v. Burnyeat & Co., 36 L.T., 250; 25 W.R. 395.

(xlviii.) Q. B.

Div.-Charter-party-Construction-Custom.-By a charter. party consisting of a printed form, plaintiff chartered defendant's ship to load cargo at Trinidad, "to be brought to and taken from alongside at merchant's risk and expense:" at the end of the form the words were appended in writing, "Cargo at Trinidad as customary:" Held that defendants were liable, under the custom of Trinidad, for lighterage at that port.-Scrutton v. Childs, 36 L.T. 212. (xlix.) C. A.- Charter-party - · Construction - Liability-Lien. Decision of C.P. Div., see Ship (xxvii.), p. 74, affirmed.-French v. Gerber, 25 W.R. 355.

(1.) C. A.-Charter-party-Time-Detention of Ship.-Plaintiff chartered a ship for twelve months from a named date: owing to detention of the ship by Board of Trade, she was not ready to receive cargo till three months after the named date: Held that plaintiff was entitled to rescind the contract.-Tully v. Howling, L.R. 2 Q.B.D. 182; 35 L.T. 163; 25 W.R. 290.

(li.) Q. B. Div.-Charter-party-Warranty of Seaworthiness.-A warranty of seaworthiness implied in a charter-party attaches at the time of sailing with cargo on board, and proof of seaworthiness at commencement of loading will not discharge the warranty.-Cohen v. Davidson, 36 L.T. 244; 25 W.R. 369.

(lii.) C. A.-Collision.-Held that in a case of collision by night between a steamer and a barge, there was no presumption in law that the steamer was to blame.-The Swallow, 36 L.T. 231.

(liii.) P. D. A. Div.-Collision-Control of Dock-master.-A vessel entering dock within the jurisdiction and under the directions of the dock-master is liable for damages from collision which might have been prevented by proper precautions on part of the master of the vessel.-The Cynthia, L.R. 2 P.D 52; 36 L.T. 184.

(liv.) P. D. A. Div.-Collision-Dock-master's Authority.-A vessel leaving dock under charge of pilot is liable for damage from collision occurring within dock-master's authority, and caused by defect of her tug, even though such tug is supplied by the dock company.-The Belgic, L.R. 2 P.D. 57; 35 L.T. 929.

(lv.) P. D. A. Div.-Collision-Inevitable Accident-Costs.-Where a collision turns out to have been caused by an inevitable accident, each party will generally be ordered to pay their own costs, but where from the first such cause must have been obvious, the Court will in exercise of its discretion dismiss the action with costs.-The Innisfail, The Secret, 35 L.T. 819.

(lvi.) P. D. A. Div.-Collision—Limitation of Liability—Reference.—In a collision case the defendants having admitted their liability and paid the amount thereof in Court, under the Merchant Shipping Act, 1862, s. 54, the Court ordered stay of proceedings save as regard a reference for purpose of ascertaining the respective amounts due to plaintiff and taxation of costs.-The Expert, 36 L.T. 258.

(lvii.) P. D. A. Div.-Collision-Moored Vessel.-During a violent gale a steamer was driven from her moorings by a brig, and drifted, and ultimately came in contact with a barque, owners whereof brought action for damage against steamer: the steamer's chains were proved to have been unbent, and no look-out was kept on deck: Held that the steamer was liable for the damage.-The Pladda, L.R. 2 App. 34.

(lviii.) P. C.-Collision-Rule of Road.-A ship missing stays must be got under control as soon as possible so as not to embarrass an approaching ship: a ship close hauled on starboard tack approaching another on the port tack is bound to keep away on discovering the other is unmanage able.-The Lake St. Clair v. The Underwriter, 36 L.T. 155.

(lix.) P. D. A.-Forfeiture-Bond Fide Purchase.—A ship was claimed on behalf of the Crown, as forfeited for breaches of Merchant Shipping Act, 1854, s. 103; defendant in statement of defence that he had become the bona fide purchaser of the ship, without notice, after the alleged date of the offences and before the seizure of the ship: Held on demurrer that the ship was forfeited on the commission of the offence, and that the defence was bad.-The Annandale, 36 L.T. 259.

(lx.) C. A.-General Average. Decision of Q.B. Div., see Ship (xxxviii.), p. 75, affirmed.—Robinson v. Price, 25 W.R. 469.

(lxi.) P. C.-Hypothecation of Cargo.-Master cannot bottomry ship or hypothecate cargo, without communicating with owner, if practicable, and stating necessity.-Kleinworth & Co. v. Cassa Marittima, of Genoa, L.R. 2 App. 156; 36 L.T. 118.

(lxii.) C. A.-Mortgage - Registration Effect of-Freight.-Decision of C.P. Div., see Ship (xli.), p. 75, reversed.-Keith v. Burrows, 25 W.R. 446. (lxiii.) Q. B. Div.-Naval Inquiry.-Withdrawal of Board of Trade from inquiry under Merchant Shipping Acts before magistrate as to damage does not put an end to the inquiry.-Ex parte Minto, 35 L.T. 808; 25 W.R. 251.

(lxiv.) P. D. A. Div.-Salvage--Assignment.-An assignment by a seaman of salvage reward already due is void under 17 & 18 Vict., c. 104, s. 182, and a defence setting up such assignment in an action for distribution of salvage is bad on demurrer.-The Rosario, L.R. 2 P.D. 41; 35 L.T. 816. (lxv.) C. A.-Salvage-Inequitable Agreement. Decision of Adm. Div., see Ship (xxii.), p. 37, affirmed.-The Medina, L.R. 2 P.D. 5; 35 L.T. 779. (lxvi.) P. D. A. Div.—Salvage-Jurisdiction of County Court. —A County Court has jurisdiction to try suit of distribution of salvage where amount

of apportionment asked for does not exceed £300, though value of property saved exceeds £1000.-The Glannibanta, L.R. 2 P.D. 45; 36 L.T. 27.

(lxvii.) P. D. A. · Salvage-Uncompleted Service.-Where ship A. was requested to aid ship B. in distress without amount of reward being fixed, and remained ready to give assistance all night, but in the morning ship C. offered and was engaged to tow ship B. into harbour for a less sum than ship A. would accept: Held that ship A. was entitled to fair compensation for service rendered and loss sustained.-The Maude, 36 L.T. 26.

Solicitor:

(ix.) Ch. Div. M. R.-Articled Clerk-Service.-Where an articled clerk entered into supplemental articles after his master's death and carried on his new master's business in their joint names, but under a verbal agreement that the clerk should receive a salary and pay over the profits: Held that under the circumstances of the case the service was sufficient under 6 & 7 Vict., c. 73.-Ex parte Joyce, L.R. 4 Ch. D. 596; 25 W.R. 340.

(x.) C. P. Div.-Contempt-Attachment-Striking off Rolls.-If solicitor is guilty of contempt, the proper course is first to move for attachment: motion to strike off the rolls must be upon notice.-Re a Solicitor, 36 L.T. 113.

Telegraph:

(iii.) C. P. Div.-Misdelivery-Damages.-Held that a telegraph company, in absence of special contract or fraud on their part, are not liable to receiver of a telegram for damage arising from misdelivery.-Dickson v. Reuter's Telegraph Co., L.R. 2 C.P.D. 62; 46 L.J. C.P. 197; 35 L.T. 842; 25 W.R. 272.

Title:

(ii.) C. A.-Adverse Possession.-Defendant, having with others right of way over a piece of land the property of the lord of the manor, ploughed up and used as his own a part of the land without interruption for more than twenty-one years: the remainder of the piece of land which was not fenced from the appropriated part was left in its original condition: Held that defendant had acquired a good title to the soil and minerals of and under the appropriated part, but not to the remainder of the soil or minerals-Seddon v. Smith, 36 L.T. 168.

Trade:

(i.) Ch. Div. V. C. B.-Breach of Covenant-Injunction.—Held on the construction of a covenant not to carry on a particular trade, that the selling goods as a journeyman employed by a person engaged in such trade was a breach restrainable by injunction.-Jones v. Heavens, L.R. 4 Ch. D. 636; 25 W.R. 460.

Trade Mark:

(v.) Ch. Div. V. C. B.-Expired Patent.-S. C., deceased, and plaintiff, G. C., jointly took out Letters Patent for a filter, which they allowed to drop, but continued to affix to their filters, "G. C.'s improved patent gold medal, self-cleansing, rapid water filter, Boston:" defendant commenced to sell filters of similar shape, inscribed "S. C.'s patent prize medal, self-cleansing, rapid water filter, improved and manufactured by W. B. & Co.:" Held that plaintiffs had acquired a right to protection of their inscription as a trade mark, and that the use of "patent" therein did not avoid such right.-Cheavin v. Walker, 35 L.T. 757. (vi.) Ch. Div. M. R.-Registration.-Applicants had long used as trade

marks the initials of their firm, the name of their works, and abbreviations thereof, together with symbols or words denoting the quality of goods sold the Patent Commissioners refused to allow the symbols and words to be registered: Held that the symbols and words, though not them. selves trade marks, were, when taken in combination with the initials, etc., entitled to registration.-Re Barrow's Application, 36 L.T. 291; 25 W.R. 407.

Trustee :

(vii.) Ch. Div. V. C. H.-Breach of Trust.-A settled policy was held by a sole trustee who never endorsed any memorandum of settlement, or gave notice thereof to the office: he handed it over to a person who was intended to be appointed trustee in his place, but it found its way into the hands of the settlor who borrowed money on it, and finally the mort. gagee surrendered it: Held that the original trustee was liable for the breach of trust.-Kingdon v. Castleman, 36 L.T. 141; 25 W.R. 345. (viii.) Ch. Div. V. C. M.-Payment into Court-Trustee Relief Act.Trustees having unreasonably refused to pay over a fund to an executor without consent of the beneficiaries, and unnecessarily paid the money into Court, ordered to pay the costs of petition for payment out of the fund.-Re Hoskins' Trusts, 35 L.T. 935.

Vendor and Purchaser :

(viii.) C. P. Div.-Auction-Puffing.-Conditions of sale reserved right to vendor or his agent to bid once: the vendor did only bid once, but after the auctioneer had bid several times: Held that the purchaser was entitled to avoid the purchase.-Parfitt v. Jepson, 36 L.T. 251. (ix.) C .A.—Lien.—Agreement for sale of leaseholds to an intended com. pany, on its formation, for £6,000 cash, and £2,000 in paid-up shares: the assignment was by deed stating consideration to be £6,000 to be paid, £50 per cent. out of proceeds of sale of shares, and £50 per cent. out of moneys borrowed by company: no shares were ever sold or money borrowed on winding-up the company: Held that vendor's lien was excluded by the form of contract.-Re Brentwood Brick & Coal Co., L.R. 4 Ch. D. 562; 25 W.R. 481.

(x.) C. A.-Price per Acre-Land Covered by Drain.-B. agreed to purchase at a specified price per acre land described as bounded by a public drain, and containing twenty-three acres or thereabouts, but to be surveyed: the land including the drain usque ad medium filum aquæ measured 23a. Or. 26p., of which the land covered by drain comprised la. Or. 33p.: Held that if the land covered by the drain was comprised in the conveyance B. was bound to pay for it at the specified price per acre.-Re Popple & Barratt's Contract, 25 W.R. 248.

(xi.) Ch. Div. M. R.-Statute of Frauds-Description of Vendor.-Held that in a contract for the sale of land the description of the vendors as "proprietors in possession" was sufficient.-Rossiter v. Miller, 46 L.J. Ch. 229.

(xii.) Q. B. Div.-Use and Occupation.-Where contract provides that in case of non-completion of purchase by named date, the purchaser shall pay interest on the purchase-money and receive the rents and profits, an action for use and occupation will lie against a vendor remaining in occupation. Metropolitan Rail. Co. v. Defries, L.R. 2 Q.B.D. 189; 36 L.T. 150; 25 W.R. 271.

Victoria, Law of:

(i.) P. C.—Grant of Lands—Crown Rights.—A grant of waste lands in Victoria under Imperial Statute 5 & 6 Vict., c. 36, made before 1855, does not

transfer to grantee the rights of Crown in gold and silver found under the soil.-Woolley v. Attorney-General of Victoria, L.R. 2 App. 163; 36 L.T. 121.

Voluntary Gift :—

(iii.) Ch. Div. V. C. B.-Invalid Declaration of Trust-Resulting Trust.— R. conveyed freeholds to C.: by the deed C. purported to pay a consideration, which, in fact, was never paid: R. continued to receive the rents till his death, after which C. executed a declaration that he held the property in trust for R.'s wife, who received the rents during her life, and purported to dispose of it by her will: Held that the declaration of trust was invalid, and that there was a resulting trust to the heir-at-law of the settlor.-Rudkin v. Dolman, 35 L.T. 791.

Warranty:

(i.) C. A.-Sale for Specific Purpose-Latent Defect.-Held, reversing decision of Q.B. Div., that on sale of an article for a specific purpose, there is an implied warranty of its fitness for such purpose, without any exception as regards latent defects.-Randall v. Newson, L.R. 2 Q.B.D. 102; 46 L.J. Q.B. 259; 36 L.T. 164; 25 W.R. 313.

(lxxii.) Ch. Div. V. C. B.-Construction-Annuity-Abatement.—Testatrix gave several annuities, and directed that if her residue should be insuffi. cient to pay them in full (which happened), all legacies above £100 should abate to "raise a further fund, and from the interest or income thereof to make up such deficiency: Held that the abatement must be permanent, so as to entitle residuary legatee to the corpus of the fund from which the annuities were payable, and that the "deficiency" must be ascertained by taking the residue as it stood with the intermediate interest twelve months after death of testatrix.-Hichens v. Hichens, 36 L.T. 8; 25 W.R. 249.

(lxxiii.) Ch. Div. M. R.-Construction-Forfeiture Clause.-Bequest to A. for life, and after his death, to divide income among sons of B., so long as they should not deprive themselves of their interest in the fund, with gift over on such forfeiture: Held that a son of B., who became bankrupt, but obtained annulment of his bankruptcy during the life of A., did not forfeit his life interest.-Re Parkham's Trusts, 46 L.J. Ch. 80.

(lxxiv.) Ch. Div. V. C. H.-Construction - Maintenance - Discretion of Trustees.-Gift on trust after death of testator's son to apply income for maintenance and support of any his widow for her life, and of his children until they should attain twenty-one, or marry, or of any or either such widow and children in such manner and proportions as the trustees should in their discretion think fit, and subject thereto on trust for children: son's widow married again without settling the income of the fund: son's youngest child attained twenty-one in 1870: Held that the trustees had discretion to pay income to widow for her separate use. -Austin v. Austin L.R. 4 Ch. 233; 46 L.J. Ch. 92; 36 L.T. 96; 25 W.R. 346.

(lxxv.) C. A.-Construction -"Other Daughters Surviving' Period of Survivorship.-Gift in trust for such of testator's daughters as should be living at his death: income of each daughter's share to be paid to her during her life, with remainder in trust for her children, and in default of issue for testator's "other daughters, or other daughter surviving:" Held (reversing decision of V.C.H., see Will (lxiii.), p. 80), that period of survivorship referred to death of any daughter without leaving children.-Beckwith v. Beckwith, 46 L.J. Ch. 97; 36 L.T. 128; 25 W.R. 282.

(lxxvi.) Ch. Div. V. C. M.- Construction-Period of Distribution.—Gift