Principal and Agent:

(xii.) Q. B. Div.—Auctioneer—Liability – Conditions of Sale.—A purchaser at a sale by auction delayed in clearing his goods beyond the time prescribed, and the goods having been misdelivered sued the auctioneers: Held that on the face of the catalogue and conditions the defendants had personally contracted with plaintiff to deliver the goods, and that the condition as to clearing the lot within three days was not a condition precedent.-Woolfe v. Horne, L. R. 2 Q.B.D. 355; 36 L.T. 705; 25 W.R.

728.

(xiii.) C. A.-Broker-Marine Insurance--Sub-agent-Lien.-An insurance broker employed as sub-agent by another broker to effect marine policies has the same rights of lien as if directly employed by principal.-Fisher V. Smith, 25 W.R. 719.

(xiv.) C. P. Div.-Commission.-A. employed B. to sell a ship on commission to be paid on sale to any person "led to make such offer in consequence of B.'s publication; on sale to purchaser who did not see, but merely heard of B.'s publication: Held that B. was entitled to commission.Bayley v. Chadwick, 36 L.T. 740.

(xv.) C. A.-Foreign Government Bonds - Jurisdiction. Plaintiff was holder of Peruvian Government bonds, pledging specially the proceeds of sale of guano: defendants as agents of the Government received part of the guano: Held that the bonds were not legally enforceable by an English court and that defendants as agents of a foreign Government, could not be sued.-Twycross v. Dreyfus, 36 L.T. 752.

Probate:

(xx.) P. D. A. Div.- Foreigner-Lex Loci.-A Frenchman naturalized in England executed a will and codicils disposing of his property in England, and also a holograph will disposing of his property in France and referring to his English will, and died at Paris: it being shown that by French law the will of a British subject made in English form is valid, the Court granted probate of the English will and codicils.—In the goods of Lacroix, L.R. 2 P.D. 97.

(ix.) C. A.- Drainage Board

Committee. - Decision of C.P. Div., Public

Health (v.), p. 106, affirmed.-Cook v. Ward, 25 W.R. 593.

(x.) C. P. Div.-Exposure of Infected Person.-A surgeon sent a fever patient to the hospital with a certificate, telling him to walk in the middle of the road and speak to no one: owing to informality of certificate patient returned to surgeon, who next day accompanied him to chairman of local board for order of admission, and thence to the hospital: Held that magistrates rightly refused to convict surgeon of wilfully exposing an infected person in a public street.-Tunbridge Local Board v. Bishopp, L.R. 2 C.P.D. 187.

Railway :

(xxvii.) C. P. Div.—Carrier—Loss of Goods-Liability.—Plaintiffs consigned goods by defendants' line to one Farmer: they were addressed in error to the order of Jeeves, who refused to accept them: one Jarvis then claimed them, and they were delivered to him by the station master without further enquiry: the consignment note relieved defendants from liability except for "wilful misconduct": Held that plaintiff was entitled to recover damages from defendauts for misdelivery of the goods.Hoare v. Gt. West. Rail. Co., 25 W.R. 631.

(xxviii.) C. A.-Carriers-Passengers' Luggage-Cloak Room-Conditions on Ticket. Decision of C.P. Div., Railway (vi.), p. 31, reversed, and new trial granted.-Parker v. S. E. Rail. Co., 36 L.T. 540; 25 W.R. 564.

(xxix.) C. A.-Negligence - Overcrowding Full Compartment.—A passenger endeavouring to prevent persons from getting into an already full com. partment was injured by the porter slamming the door: Held that there was sufficient evidence of negligence for jury to entitle passenger to recover damages.-Jackson v. Metropolitan Rail. Co., L.R. 2 C.P.D. 125; 46 L.J. C.P. 376; 36 L.T. 485; 25 W.R. 661.

(xxx.) Q. B. Div.-Negligence-Train Overlapping Platform.-Where a passenger was injured by getting out of a carriage at a station of which the platform was too short for the train: Held upon the facts of the case that there was not sufficient evidence of negligence for the jury.-Owen v. G. W. Rail. Co., 46 L.J. Q.B. 486.

(xxxi.) Q. B. Div.-Passenger-Bye-law.-A bye-law imposed on passenger not producing his ticket the liability to pay the fare from place whence the train originally started: Held that there must be a demand of the specific amount of the fare to entitle the company to recover.-Brown v. Gt. Eastern Rail. Co., L.R. 2 Q.B.D. 406; 36 L.T. 767; 25 W.R. 792. (xxxii.) Ex. Div.-Undue Preference-17 & 18 Vict., c. 31.-Plaintiff's manu. factory was situate 12 miles from a seaport S. on the defendants' line from S. to L.: in order to compete with se a carriers defendants charged other manufacturers living within six miles of S. at a less rate per ton for carriage of goods than they charged plaintiff: Held that this was undue preference.-Budd v. London and North-Western Rail. Co., 36 L.T. 802; 25 W.R. 752.

River:

(i.) Ch. Div. M. R.-Navigation-Obstruction.-Plaintiff owned a wharf adjoining defendant's wharf, and also a collier, the length of which was greater than the frontage of his wharf: defendant moved a raft in front of his wharf so as to prevent the collier from coming alongside plaintiff's wharf Held that the raft was an illegal obstruction to the navigation of the river Original Hartlepool Collieries Co. v. Gibb, 36 L.T. 433. Revenue:

(ix.) Q. B. Div.-Land Tax.-Where an established usage was proved whereby a property was assessed as part of a particular parish: Held that such assessment must be maintained on a new assessment affirmed by the Commissioners at variance with the usage must be set aside.— Regina v. Land Tax Commissioners, 36 L.T. 374.

(x.) C. A.-Land Tax-Hospital-38 Geo. 3, c. 5.-Decision of Q. B. Div., Revenue (vii.), p. 107, reversed.-Rabbits v. Cox, 36 L.T. 453; 25 W.R. 594.

(xi.) Ex. Div.-Stamp Duty-Medicine-52 Geo. 3, c. 150-3 & 4 Wm. 4, c. 97.-Defendant sold powders composed of carbonate of soda, carbonic acid, gas, and chlorate of potash which he advertised as beneficial for disorders: Held that they were liable to duty.-Atty.-Gen. v. Lamplough, 25 W.R. 753.

School Board:

(ii.) Q. B. Div.-Neglect to Send Child to School-Form of Summons.—A summons for habitual neglect of parent to send child to school must be taken out under Elementary Education Act, 1876, s. 11, and cannot be granted under the bye-laws of the School Board.—Re Murphy, L.R. 2 Q.B.D. 397; 46 L.J.M.C. 193; 36 L.T. 698; 36 L.T. 468; 25 W.R. 536

Scotland, Law of:

(vii.) H. L.-Bankruptcy-Set-off.—Indorser of a bill of exchange on bank. ruptcy of acceptor may set-off amount paid by him in respect of the bill against a debt to acceptor's estate without reference to prior indorser.— McKinnon v. Armstrong, 36 L.T. 482.

(viii.) H. L.-Nuisance.-Held that in a case of nuisance several sufferers may combine to bring a joint action for declarator and interdict, but in such a case there must be contingentia.-Cowan v. Duke of Buccleugh, L.R. 2 App. 344.

Sea Wall:

(i.) C. A.-Liability to Repair.-Held, affirming decision of Q. B. Div., that there is no common law liability on frontager to repair sea walls, and that in this case there was no obligation by prescription.-Hudson v. Tabor, L.R. 2 Q.B.D. 290; 46 L.J. Q.B. 463; 36 L.T. 492; 25 W.R. 740.

Settlement :

(xxvii.) Ch. Div. M. R.-After Acquired Property.-The rule that covenant to settle after acquired property applies only during coverture, applies to cases where settlement contains assignment of after acquired property.-Holloway v. Holloway, 25 W.R. 575.

(xxviii.) Ch. Div. V. C. B.-Covenant-Will-Election.-A., on his daughter's marriage, covenanted with trustees of her settlement that on his death a share of his property should be settled for benefit of her and her issue: by his will he directed payments of his debts, and gave certain bequests to the issue of the daughter: Held that the covenant was not satisfied by the direction to pay debts, and that the daughter's issue were put to election.-Bennet v. Houldsworth, 36 L.T. 648.

(xxix.) Ch. Div. V. C. H.-Felon-Revocation-Charge.-A felon before conviction conveyed realty to trustees reserving power of revocation, while still undischarged, he borrowed money on memorandum of agreement to charge his settled estate: Held that the memorandum was a valid exercise of the power in favour of the mortgagee.-Mainprice v. Pearson, 25 W.R. 768.

(xxx.) Ch. Div. M. R.-Postnuptial Settlement-Mortgage.-Postnuptial settlement of wife's real estate upheld against subsequent mortgagee without notice.-Re Foster & Lister, 46 L.J. 480; 36 L.T. 582; 25 W.R. 553.

(xxxi.) C. A.-Postnuptial Settlement-Consideration-Purchase for Value without Notice.-Decision of V. C. B., Settlement (xvii.), p. 73, affirmed. -Teesdale v. Braithwaite, 36 L.T. 601; 25 W.R. 546.

(xxxii.) Ch. Div. V. C. M.-Rectification.-When intended husband acting as intended wife's agent to prepare settlement of her property gave himself the first life interest: Held that the settlement must be rectified by giving the first life interest to the wife.—Clark v. Girdwood, 25 W.R. 575.

(xxxiii.) Ch. Div. F. J.-Voluntary Settlement-Children of Former Marriage. -A widow on her second marriage covenanted to surrender copyhold property for benefit of herself for life with remainder to her children by former marriage: Held that such children could enforce the covenant. -Gale v. Gale, 36 L.T. 690; 25 W.R. 772.

Ships :-

(lxviii.) C. A.-Carrier-Delay-Loss of Market. Decision of P.D.A. Div., Ship (v.), p. 35, reversed.-The Parana, L.R. 2 P.D. 118; 36 L.T. 388; 25 W.R. 596.

(lxix.) C. P. Div.-Charter-party-Construction.-In an action by charterers of a ship for loss of cargo through negligence of master and crew: Held, on the construction of the charter-party, that the master and crew were servants of the owner, and that he was liable for their negligence.Omoa and Cleland Coal and Iron Co. v. Huntley, 25 W.R. 675.

(lxx.) C. A.-Charter-party-Freight pro ratâ―Voyage not completed.—Decision

of Q.B. Div., Ship (ix.), p. 36, affirmed.--Metcalfe v. Britannia Ironworks Co., L.R. 2 Q.B.D. 423; 46 L.J. Q.B. 443; 36 L.T. 451; 25 W.R. 720. (lxxi.) H. L.-Collision-Compulsory Pilotage.-If a collision is proved to have occurred through fault of a pilot compulsorily employed, the burden of proving contributory negligence of defendants lies on plaintiff.-Clyde Navigation Co. v. Barclay, 36 L.T. 379.

(lxxii.) C. A.—Collision—Jurisdiction.-Held that the Court has jurisdiction to entertain action in rem against a foreign vessel by representatives of person on board a British ship killed by collision on high seas, caused by regligence of those en board the foreign vessel: decision of Adm. Div. (reported 36 L.T. 445; 25 W.R. 699) affirmed.-The Franconia, 36 L.T. 640; 25 W.R. 796.

(lxxiii.) C. A.-Damage to Pier Abroad-Lex Loci.-The liability of a shipowner for damage to a pier affixed to soil of a foreign country is governed by the lex loci.- The M. Moxham, L.R. 1 P.D. 107; 46 L.J. P.D.A. 17; 34 L.T. 559; 24 W.R. 650.

(lxxiv.) P. D. A. Div.-Equipment-Lien.-A material-man having no lien for equipment supplied to British ship, cannot enforce claim against ship in hands of subsequent purchaser with notice of unpaid claim.-The Aneroid, 36 L.T. 448.

(lxxv.) P. D. A. Div.-Salvage-Jurisdiction. In action for life salvage, defendant alleged that ship was not at time of such salvage stranded, or otherwise in distress, on the shore of any sea or tidal river within the limits of the United Kingdom, and submitted that Court had no jurisdiction: Held that services were in part rendered in British waters, and demurrer allowed.—The Deutschland, 25 W.R. 755.

(lxxvi.) C. A.—Salvage—Liability of Cargo.—Decision of P.D.A. Div., Ship (xxiii.), p. 37, affirmed.-Cargo ex Schiller, L.R. 2 P.D. 145; 36 L.T. 714. (lxxvii.) P. D. A. Div.-Shares in Ship-Fraudulent Registration-Bonâ fide Purchaser.-Fraudulent registration of shares in a ship by intermediate transferee is no defence to action for possession by bona fide purchaser for value without notice of the fraud.-The Horlock, 36 L.T. 622.

(lxxviii.) C. A.—Wreck-Obstruction-Liability-10 & 11 Vict., c. 27, s. 56.Where a wreck on which underwriters had paid as for total loss caused obstruction to harbour: Held that the shipowner, not the underwriters, were liable to the harbour-master for expenses of removing the wreck.-Eglinton v. Norman, 25 W.R. 656.

Solicitor:

(xi.) Ch. Div. M. R.-Articled Clerk-Service.-A clerk was articled to his father: during one year of the service business was practically suspended owing to the father's ill-health: Held that on the expiration of the five years he might undergo his final examination, but must enter into fresh articles for a year before being admitted.-Ex parte Feraday, 46 L.J. Ch. 64.

(xii.) Ch. Div. V. C. H.-Duty to Client-Information Acquired Professionally.-Held that a solicitor who had acted in formation of a company and been discharged was competent to act for a petitioner to wind-up the company.-Re Holmes, 25 W.R. 603.

(xiii.) Ch. Div. V. C. B.-Gift by Client-Confirmation.-Held that a gift to a solicitor from his client was absolutely void even though confirmed by a subsequent deed prepared by an independent solicitor.-Morgan v. Minett, 25 W.R. 744.

(xiv.) Ch. Div. M. R.-Lien-Bill of Costs.-A solicitor delivered bill of costs in pending suits in which he subsequently, with client's knowledge,

incurred further costs: client having obtained order for taxation and delivery of papers, solicitor delivered bill for the further costs: Held that the order should be amended by inserting both bills.-Ex parte Jarman, L.R. 4 Ch. D. 835; 46 L.J. Ch. 485.

(xv.) C. A.-Retainer-Journey-Costs-Ratification. -Decision of M. R., Solicitor (viii.), p. 76, reversed.-Re Snell, 36 L.T. 534; 25 W.R. 736. Tramway :

(iii.) Ch. Div. M. R.-Deposit.-Where a company is abortive and ordered to be wound-up, the Court cannot order the deposit to be applied for the benefit directly or indirectly of the shareholders or promoters.-Re Lowestoft Tram. Co., 46 L.J. Ch. 393; 36 L.T. 578; 25 W.R. 525.

(ix.) Ch. Div. F. J.—Breach of Trust―Liability.--Two trustees advanced money to a builder on mortgage of land which he had purchased from defendant, one of the trustees: part of the money was applied by builder in payment of purchase-money of the land: Held that the other trustee was not entitled to a decree, that the mortgage securities should be realised, and the deficiency, if any, should be made good by defendant.Butler v. Butler, L.R. 5 Ch. D. 554.

(x.) Ch. Div. F. J.-Misapplication of Funds—Liability.—A trustee who allows the trust funds to be under the sole control of a co-trustee is liable to make good to the estate any money misapplied.-Rodbard v. Cooke, 36 L.T. 504; 25 W.R. 555.

University :

Q. B. Div.-Religious Tests-Fellowship.-The Universities Tests Act, 1871, applies to fellowships of a college, since substituted for a hall, subsisting at passing of the Act, though the fellowships have been founded subsequently to the substitution: when the governing body of such college refused to examine a nonconformist for a fellowship: Held that mandamus would issue.-Reg. v. Hertford College, Oxford, 36 L.T. 769. Vendor and Purchaser:

(xiii.) C. A.—Evidence of Title-37 & 38 Vict., c. 78.-Under Vendor and Purchasers Act, 1874, s. 9, the Court can receive the same evidence as to ticle as would have been receivable on a reference to Chambers in an action for specific performance.-Re Burroughs and Lynns Contract, 36 L.T. 778; 24 W.R. 520.

(xiv.) Ch. Div. M. R.-Specific Performance-Auctioneer-Conveyance in Parcels. In an action for specific performance: Held that when the deposit was of any large amount the auctioneer was rightly made a party, that a purchaser was entitled a tender of purchase-money and costs, to require separate conveyances of land in parcels, that a vendor was justified, and in absence of indemnity from purchaser bound to relet farms where delay in completion of the purchase was in prospect.— Earl of Egmont v. Smith, 46 L.J. Ch. 356.

(xv.) P. C.-Specific Performance-Coal Mine-Wrongful Working.-Defendant in suit for specific performance for sale of a coal mine had wrongfully worked the mine for his own benefit: Held that plaintiff was entitled to compensation estimated on value of coal at place where it was sold less cost of severance and carriage.-Brown v. Dibbs, 25 W.R. 776. (xvi.) C. A.-Specific Performance-Conditions of Sale-Decision of V. C. B., Vendor and Purchaser (vi.), p. 77, affirmed.-Gale v. Squier, 36 L.T. 632. (xvii.) C. A.- Statute of Frauds - Description of Vendor. - Held that a description of vendor not named as a "trustee selling under trust for sale was sufficient to satisfy the Statute of Frauds.-Cattling v. King, 46 L.J. Ch. 384; 36 L.T. 526; 25 W.R. 550.