of respondent, payable to her dum casta vixerit, but to revert to petitioner on forfeiture or her re-marriage.-Meyern v. Meyern and Myers, 25

W.R. 115.

(ix.) P. D. & A. Div.-Divorce-Queen's Proctor.-Where the Queen's Proctor appeared to show cause against a decree nisi on wife's crosspetition being made absolute, and filed affidavits charging additional acts of adultery not charged in husband's petition, and wife filed affidavits denying such charges, the Court ordered an issue to be settled for trial by jury. Studholme v. Studholme and Cullum, 25 W.R. 165.

(x.) P. D. & A. D.-Nullity suit-Delay.-Parties were married in 1849; the cohabitation was interrupted by long separations on the alleged ground of husband's ill-treatment; in 1875 the wife brought a suit for nullity of marriage on the ground of the husband's impotence, which was proved: Held that unreasonable delay disentitled petitioner from relief.-R. (falsely called W.) v. W., L.J. 45, P.D.At. 89; 25 W.R. 25.

Infant:

(i.) Ch. Div. M. R.-Custody.-The custody of an infant is entirely within the discretion of the Court who primarily consider the infant's interests. -Re Taylor, 25 W.R. 69.

(ii.) Ex. Div.-Tort independent of contract.-Defendant hired a mare and dog-cart from plaintiff on condition of taking with him only one person; he took with him three other persons, and so over-drove and ill-treated the mare that she was seriously injured, and had to be destroyed: Held that, besides breach of contract, defendant had committed an independent tort to which a plea of infancy was no defence.— Walley v. Holt, 85 L.T. 631.

Insurance :

(xi.) C. A.-Dissolution.-Deed of settlement of R. N. Society provided that property of the Society should alone be answerable for claims, and also that business might be transferred; the Society granted an annuity to D., which declared that the property of the Society should be liable to pay the annuity; subsequently the R. N. Society transferred its business to the E. Society: Held that notwithstanding omission of reference to the deed of settlement in the annuity deed, D. could only claim against E. Society. Re European Assurance Society, Dowse's Case, L.R. 3, Ch.D. 384; 35 L.T. 653.

(xii.) H. L.—Marine Insurance Insurable Interest.-Ship, whose cargo was insured by plaintiff, suddenly sank, while anchored in harbour: part of cargo, which had been shipped, was lost, but part was not yet shipped: Held that (1) upon the facts there was evidence of peril insured against, (2) on construc ion of policy plaintiff had no insurable interest in cargo till whole was shipped.- Anderson v. Morice, L.J. 46, C.P. 11; 35 L.T. 566; 25 W.R. 14.

(xiii.) C. A.-Novation.-M. effected policy with B. N. Association, which subsequently amalgamated with E. Society; afterwards a memorandum was indorsed on policy, declaring that parts of E. Society should be liable provided the premiums should be paid to the E. Society: the premiums were accordingly so paid: Held that there was complete novation, and that M. could not claim against B. N. Association.-Re European Assurance Society. Miller's Case, L.R. 3, Ch. D. 391.

(xiv.) C. A.-Registration-Contributory.-Held that a past member of an insurance company, originally registered under 7 & 8 Vict. c. 110, but compulsorily registered under Companies' Act, 1862, s. 209, was liable as a contributory under s. 38.-Re European Assurance Society. Ransay's Case, L.R. 3, Ch. D. 388; 35 L.T. 654.

Landlord and Tenant:

(ix.) Ch Div. V. C. B.-Agreement for Lease-Minerals—Specific Perform

ance.-Agreement for lease by A. to B. and C. of a vein of coal under a certain farm for 60 years at £100 a year dead rent with royalties; B. and C. entered and tried for coal without success: Held that there was no guarantee by A. that the subject matter of the agreement had any existence, and that he was entitled to specific performance of the agreement of B. and C. to take the lease. - Jefferies v. Fairs, 25 W.R. 227.

(x.) Q. B. Div -Forfeiture-Waiver.-An actual waiver without any express waiver in writing is sufficient to satisfy 22 & 23 Vict. c. 35, s. 6.-Mills v. Griffiths, L.J. 45, Q.B. 771.

(xi.) Ch. Div. M. R.-Lease-Charitable Corporation, 13 Eliz. c. 10-Void or voidable -In 1873 a charitable corporation granted a 99 years' lease at a peppercorn rent, and not in conformity with the Statute against Frauds defeating Remedies for Dilapidations. Held that the lease was not void but voidable, and that defendant's title under Statute of Limitations only began to run, when the successors of the original lessors determined to avoid the lease.-Magdalen Hospital v. Knott, 25 W.R. 181.

(xii.) Ch. Div. V. C. M.-Lease-Covenant for renewal.-Trustees having power to lease at rack rent for 21 years, granted 14 years' lease to W. of premises partly freehold partly leaseholds held by them for 14 years, but renewable by custom on payment of a fine, they also covenanted to use best endeavours to obtain such renewal when they would grant a further lease for 7 years on same terms; the property having increased in value renewal of the lease to the trustees on the former terms was refused. Held that the trustees were bound to use their best endeavours to obtain renewal, and if they failed that W. was entitled to further 7 years' lease of the freeholds only.-Salamon v. Sopwith, 35 L.T. 463.

(xiii.) C. A.-Lease-Discrepancy-Habendum and Reddendum-Counterpart.— Decision of C. P. Div., see Landlord and Tenant (viii.) reversed.Burchell v. Clark, 35 L.T. 690.

(xiv.) Q. B. Div.-Mining lease-Rates.-A contract under Rating Act, 1874, s. 8, that tenant under mining lease shall pay all rates must expressly refer to future legislation.-Duke of Devonshire v. Barrow Hematite Steel Co., 35 L.T. 474; 25 W.R. 60.

(xv.) Ch. Div. V. C. B.. - Stall-Exclusive Right of Sale.-An injunction will lie to restrain breach of a covenant by lessor of a stall in a public building that lessee should have exclusive right of sale of specified goods. -Altman v. Royal Aquarium Society, L.R. 3, Ch. D. 228.

Lands Clauses Act:

(vii.) Q. B. Div.-Compensation-Arbitration.-A railway company offered £315 to G. as compensation for lands taken and injuriously affected; G. went to arbitration, and also had the deposit to be paid by the company, on taking possession, assessed by a valuer named by the Board of Trade, at £472: pending the arbitration, the company offered this amount to G., who accepted it; the umpire's award was £447: Held that G. was entitled to costs, taxed under Lands Clauses Consolidation Act, 1869.-Gray v. N. E. Railway Co., L.R. 3, Q.B.D. 696; L J. 45, Q.B. 818; 24 W.R. 758.

(viii) Q. B. Div.-Compensation-8 Vict., c. 18, s. 121.-Justices may award compensation to a lessee whose term has less than a year to run.Reg. v. Great Northern Rail. Co., L.J. 46, M.C. 4; 35 L.T. 551; 25 W.R. 41.

(ix.) Ch. Div. V. C. H.-Compensation.- Money paid into Court by Railway Company for purchase of Corporation Lands, ordered to be applied to redemption of mortgages of tolls and bonds of the Corporation affecting their lands. In re Derby Municipal Estates, L.R. 3, Ch. D. 289; 24

W.R. 729.

(x) Ch. Div. V. C. B.-Compensation-" Improvements."-Compensation money in Court may be expended in additions to house, part of the settled estate. Re Speers Trusts, L. R. 3, Ch. D. 262; 24 W.R. 880. (xi.) Ch. Div.-Compensation-Investment.-A petition for investment in land of £50 in Court. application to dispense with usual order of reference as to title was refused, but leave was given to apply in chambers.-Re Blomfield, 25 W.R. 37.

(xii.) Ch. Div. V. C. B.-Payment out to Trustees.-Proceeds of land taken by a Railway Company were ordered to be paid out of Court to trustees for sale, the cestui que trust being an infant.-In re Gooch's Estate, L.R. 3, Ch. D. 742.

Leases and Sales of Settled Estates Acts:

(iii.) Ch. Div. V. C. H.-Affidavit of no settlement of interest of a married woman, Held not to be necessary. In re Standish's Settled Estates, 25 W.R. 8.

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(iv.) C. A.-Lease.-The Court, affirming decision of M.R., refused, having re. gard to the construction of a will and the nature of the property, to authorise a lease dispensing with concurrence of a trustee who had a beneficial interest.-Taylor v. Taylor, L.R. 3 Ch. D. 145; L.J. 45 Ch. 848; 35 L.T. 451.

Licensed House:

(ii.) App. Div. Ct.-Gaming-35 & 36 Vict. c. 94.-A private friend entertained by the landlord was found playing cards for money after closing hours; conviction for being on the premises after closing hours under Licensing Act, 1872, s. 25, was quashed.—Cooper v. Osborne. 35 L.T. 347.

Lord Mayor's Court:-
:-

(iv.) App. Div. Ct.-Appeal-Jurisdiction.-Appeal from judgment upon demurrer from the Mayor's Court lies not to this Court, but to the Court of Appeal,-Le Blanche v. Reuter's Telegram Co., L.R. 1 Ex. D. 408; 25 W.R. 115.

(v.) Ch. Div. V. C. H.-Foreign Attachment.-Bankruptcy Act, 1869, s. 12-A writ of foreign attachment in Mayor's Court, perfected by judgment signed subsequently to filing of liquidation petition by debtor, gives the creditor a security within Bankruptcy Act, 1869, s. 12.-Re London Cotton Mills Co., 25 W.R. 109.

Lunacy

(v.) L J. J.-Costs.-A petition for inquiry was presented by a stranger; in pursuance of the visitor's report an inquiry was held, and jury returned verdict of sound mind; the Court, inasmuch as the inquiry was justified by the visitor's report, but being of opinion that the matter had been set on foot by petitioner's solicitor for his own profit, refused to make any order as to costs.-In re S., 25 W.R. 133.

(vi.) L. J. J.—Jurisdiction—Trustee-Vesting order - Real Estate in Ireland.— On a petition presented to L.C. and Ch. Div., this court made an order for the appointment of new trustees in the place of a lunatic trustee, and for vesting in such new trustees real estate in England and Ireland.-Re Lamotte, 25 W.R· 149.

Malicious Prosecution:

railway station, and displaintiffs in a railway London and there gave an apprehension without

(i.) A box of defendant's was missed by him at Oxford covered at Reading in apparent possession of carriage; plaintiff travelled with defendants to them in charge: Held that the question whether warrant under 21 and 25 Vict., c. 96, s. 103, is immediate" is for the jury.-Griffiths v. Taylor, 25 W.R. 196.

(v.) Ex. Div.-Negligence-Defective Machinery.-A chain, originally badly welded and so worn as to be unfit for use, broke and injured a servant using it: Held that the master was guilty of negligence for not examining, and liable for the injury.-Murphy v. Phillips, 35 L.T. 477; 24 W.R. 647. Metropolitan Management:

(i.) App. Div. Ct.-Old Building-Additions.-18 & 19 Vict. c. 122.-Appellant taking down an external wall of an old building containing more than 216,000 cubic feet, made an addition in itself containing less than 216,000: Hela that such addition was within Metropolitan Building Act, 1855, s. 27, and that a magistrate's order to divide the old building from the new was good.-Scott v. Legg, 35 L,T. 487.

(ii.) Ch. Div. V. C. M.-Party Wall.-In a case of dispute as to a party wall, the Court has power under the Common Law Procedure Act, 1854, s. 12, and the Metropolitan Building Act, 1855, s. 85, to appoint a third surveyor where the two surveyors appointed by the parties refuse, notwithstanding a pending action to restrain obstruction of ancient lights in the party wall.-Er parte Mc Bryde, 35 L.T. 543.

(iii.) C. A.-Paving Rate.-The expenses of paving one side of a new street cannot, under the Metropolitan Management Acts, be charged exclusively on owners of houses on that side.-Vestry of Mile End Old Town v. Guardians of Whitechapel, L.R. 1, Q.B.D. 680; 35 L.J. 354; 24 W.R. 719. (iv.) App. Div. Ct.-Sewer-New Street.-Respondent, with sanction of Metropolitan Board of Works, laid down sewer under road in which he owned houses, being a "new street" within Metropolitan Management Amendment Act, 1862: Held that he was not liable to contribute to cost of a sewer laid down by appellants in place of such sewer.-Fulham Board of Works v. Goodwin, L.R. 1, Ex. D. 400.

(v.) App. Div. Ct.-Sewer-Street.-Streets were laid out on appellant's land since 1862, and sewers were laid down thereunder: Held, on the construction of the Metropolis Management Amendment Act, 1862 (25 & 26 Vict., c. 102), ss. 52, 53, 112, an apportionment, not providing that part of the cost should be paid out of the district sewers rate, was invalid.Sheffield v. Fulham Board of Works, L.R. 1, Ex. D. 395.

(vi.) Q. B. Div.-Valuation List.-Deviation from times fixed by Valuation (Metropolis) Act, 1869, does not render the valuation list invalid.Regina v. Ingall, 35 L.T. 552; 25 W.R. 57.

(vii.) Q, B. Div.-Vestry-Duty-Metropolis Local Management Act, 1855.-Defendants refused to collect or remove dirt from plaintiffs' workhouse, built under 22 Geo. III., c. 56: Held that defendants were liable for misfeasance, and that plaintiff's were entitled to recover cost of employing persons to remove it.-Holborn Guardians v. St. Leonards' Vestry, Shoreditch, L.J. 46, Q.B. 36; 35 L.T. 400; 25 W.R. 40.

Mines :

(ii.) H. L.—Adjacent owners.—Respondent so worked his mine that rainfall and surface water flowed through fissures into appellant's mine which was adjacent to and at lower level than respondent's mine. Held that respondent was not liable for damage done by natural user of his mine.-Wilson v. Waddell, 35 L.T. 639.

Mortgage

(vi.) Ch. Div. M. R.-Construction of deed.-Bonds of a public loan were issued by railway contractors at £7 per cent. and redeemable by drawings. Held, on the construction of the mortgage deed, that the holders of bonds which had been drawn but not redeemed were not entitled to recover interest from time of drawing till redemption.-Gordillo v. Weguelin 35 L.T. 609,

E

(vii.) C. J. B.-Equitable Mortgage― Misdescription-Rectification.-A. signed a document intending to create an equitable charge on three leasehold houses, by mistake therein described as comprised in a certain lease which in fact comprised only one of them; on the bankruptcy of A., Held that mortgagees were entitled to have the document rectified. Ex parte National Provincial Bank of England, Re Boulter, L.J. 46, Bpcy. 11; 35 L.J. 673; 25 W.R, 100.

(viii.) C. A.-Mortgagee in possession—Account-Statute of Limitations.-In 1860 the mortgagee of a life interest entered into possession, in 1866 the tenant for life disappeared; in 1874 the remainderman presented a petition for account of rents from 1866 to 1874; a presumption that tenant for life died in 1866 was established. Held that petitioner was only entitled to claim 6 years arrears of rents.-Hickman v. Upsall, 25 W.R. 175.

(ix.) Ch. Div. M. R.-Power of Sale.-The usual proviso in a power of sale as to inquiry will protect a bona fide purchaser for value even if the power is exercised after the security has been satisfied.-Dicker v. Angerstein, L.R. 3, Ch. D. 600; L.J. 45, Ch. 754; 24 W.R. 814.

(x.) Ch. Div. V. C. H.-Priority. First mortgages purchased equity of redemption of mortgaged premises from trustee in bankruptcy of mortgagor: Held, upon construction of the deed of assignment, that it was the intention of the first mortgagee to preserve the priority of his charge as against a second mortgagee, and that Toulmin v. Steere, 3 Mer. 210, did not apply.-Adams v. Angell, L.J. 46, Ch. 54; 25 W.R. 139.

Municipal Law :—

(iii.) C. A.—Alderman-Interest in Contract.-An alderman supplied goods to the Town Council, and after termination of the contract acted as alderman without re-election: Hell that the contract was within Municipal Corporations Act, 5 & 6 Wm. IV., c. 76, s. 28, but that he did not incur a penalty, under s. 53, for so acting.-Lewis v. Carr, L.R. 1, Ex. D. 484. (iv.) App. Div. Ct.-Construction of Statute.-Appellant had built a chimney within borough of H., not in accordance with 3 & 4 Vict., c. 85, s. 6; a subsequent local Act prescribed other directions regarding chimneys: Held that the local Act had not repealed the former general Act, and that appellant had been rightly convicted thereunder.-Hill v. Hall, L.R. 1, Ex, D. 411; L.J. 45, M.C. 150.

(v.) Ch. Div. M. R.-Construction of Statute-Private Road-Oldham Improve ment Act, 1865.-11 & 12 Vict. c. 63.-28 & 29 Vict. c. 75.-38 & 39 Vict. c. 55. The Corporation of Oldham, under their Local Act, broke up plaintiff's private road for purpose of constructing a sewer: Held on the construction of the Local Act and of the Statutes, above referred to, that plaintiff's road was a street, and that the Corporation were entitled to break it up and lay down sewers thereunder.-Taylor v. Corporation of Oldham, 35 L.T. 696; 25 W.R. 178.

(vi.) App. Div. Ct.-Construction of Statute.-"Town "-Local Act, passed in 1822, prohibited sale of fish within the "town" of R., except in the market: respondent sold fish in a thoroughfare, the site of which in 1822 was in the fields: Held that an offence against the Act had been committed.-Collier v. Worth, L.R. 1, Ex. D. 464; 35 L.T. 345.

(vii.) Q. B. Div.—Rate-Railway.-By a Local Act, Commissioners of W. had power to levy improvement rate within a district less than the Municipal borough afterwards constituted, and it was thereby provided that railway premises should be rated at one quarter of net value; by the Public Health Acts, 1872 & 1875, the whole Municipal borough was formed into one sanitary district: Held that the assessment must be according to the Local Act.-London & N. W. Rail. Co. v. Overseers of Walsall, 35 L.T. 626,