School Board:

(i.)-App. Div. Ct.-Bye laws.-A child employed in a workshop at B. attended school 10 hours in the week, as required by the Workshop Regulation Act, 1867 (30 & 31 Vict. c. 146) s. 14. but did not attend during the whole time required by the bye laws of the School Board: Held that the bye laws were not contrary to the Act and that there had been a breach of them.-Bury v. Cherryholm, L.R. 1 Ex. D. 457; 35 L.T. 403.

Scotland, Law of.(iii.)-H. L.—Marriage-Habit and repute.-Parties ignorant of an obstacle, afterwards removed, went through a matrimonial ceremony at Glasgow, and believed by themselves and by others to be validly married, lived continuously as husband and wife for years: Held that the marriage had been established by habit and repute, without proof of mutual consent by verbal declaration.-De Thoren v. The Attorney-General, L.R. 1 App. 866.

(iv.) H. L.-Reservation of Minerals.-Grants of land, on the construction of the reservation of minerals clause in each case, held respectively to have, and not to have, secured the right to carry outside minerals under and through the land granted.-Ramsay v. Blair, L.R. 1 App. 701. Settlement :

(xvii.) Ch. Div. V. C. B.-Consideration--27 Eliz. c. 4.-Testator devised real estate to daughter in fee and declared his wish that on marriage she should settle it on herself for life to her separate use with remainder as she should appoint by will; after her marriage, the property was settled on the wife for life to separate use and without power of anticipation, The husband remainder to husband for life, remainder for children, &c. and wife having mortgaged the property in fee suppressing the settlement, Held that the settlement was for valuable consideration and could not be set aside.-Teesdale v. Braithwaite. L.R. 4 Ch. D. 85; 35 L.T. 590; 25 W.R. 222.

(xviii.) Ch. Div. V. C. H.-Equity to Settlement.--The equity to a settlement of a married woman extends to her children of a former marriage whether or not they are otherwise provided for.-Conington v. Gilliat, L.J. 46 Ch. 61; 35 L.T. 736; 25 W.R. 69.

(xix.) Ch. Div. M. R.-Marriage Articles-Specific Performance.-By marriage articles wife's parents agreed to appoint to her certain real estate, and the husband, with wife's consent, covenanted to settle the same upon certain trusts: Held that the heir of the wife was bound by husband's covenant.-Lee v. Lee, 25 W.R. 225.

(xx.) C. A.-Power of Appointment. In a suit to set aside an appointment by a husband under a power in his marriage settlement as being fraudulent in that there was a possibility of benefit to the appointor and to persons not objects of the power, Held on the circumstances of the case that the appointment was valid.—Roach v Trood, L.R. 3 Ch. D. 429; 34 L.T. 105; 24 W.R. 803.

(xxi.) Ch. Div. V. C. M.-Rectification-Petition.--By a marriage settlement real estate was conveyed to trustees their executors, administrators, and assigns upon the usual trusts; it being clear that the fee simple was intended to be passed: Held, upon petition under the Trustees Relief Act, that the settlement might be rectified by the insertion of the word "heirs."-Re Bird's Trusts, L R. 3 Ch.D. 214.

(xxii.) Ch. Div. V. C. H.-Reduction into possession.—By marriage settlement property was settled both by husband and wife, who afterwards perished without issue in the same ship, and the trusts of the settlement consequently failed: Held that each fund must go to the next-of-kin of the Settlor thereof.-Wollaston v. Berkely, L.R. 2 Ch.D. 213; L.J. 45 Ch. 772: 34 L.T. 171; 24 W.R. 360.

(xxiii.) Ch. Div. V. C. B.-Satisfaction.-A., on marriage of his daughter, covenanted to settle a moiety of his property upon trusts declared in her marriage settlement; by his will he left a moiety upon trusts for the benefit of his daughter and her husband and issue, with variations in the trusts and powers: Held that the gift by will was in satisfaction of the covenant, and that the daughter and other persons interested must elect between provisions of settlement and of will.-Russell v. St. Aubyn, L.R. 2 Ch.D. 398; 35 L.T. 395,

Ships :

(xxvi) C. A.-Charter-party-Construction.-A charter-party stipulated for cesser of charterer's liabibility on completion of landing, and provided that master should have a lien of demurrage; the consignees were, in fact, agents of the charterers: Held on the construction of the charter-party that the ship owners had no right of action save by enforcement of the lien.-Sanguinetti v. Pacific Steam Navigation Co., 35 L.T. 658; 25 W.R,

150.

(xxvii.) C. P. Div.-Charter-party-Construction.-Held, on the construction of a charter-party, that a proviso therein contained for cesser of liability of charterers freed them from all liability for acts and defaults of themselves and agents both before and after loading, whether covered by owners' lien or not.-French v. Gerber, L.R. 1 C.P.D. 737; L.J. 45 C.P. 880; 25 W.R. 113.

(xxviii.) P. D. & A. Div.-Collision-Foreign Judgment-In an action for collision, a foreign judgment, unless obtained prior to the proceedings in this country, cannot be pleaded as an estoppel.-The Delta, L.J. 45 P.D.A. 111; 35 L.T. 376; 25 W.R. 46.

(xxix.) P. D. & A. Div.-Collision-Measure of Damage.-In estimating damage a charter-party entered into contingent on arrival of ship at a given time must be taken into consideration, the measure being the freight under the charter-party, less incident expenses.-The Star of India, L.J. 45 P.D.A. 102; 35 L.T. 407.

(xxx.) P. D. & A. Div.-Collision—Inevitable Accident.-Shipowners are not liable for damage by collision owing entirely to a latent defect in machinery.-The Virgo, 35 L.T. 519.

(xxxi.) P. C.-Collision-Rule of Road-Practice.-Sailing vessel meeting steamer must keep her course unless in imminent peril: in collision cases in ViceAdmiralty Courts the forms of preliminary Acts in use in the High Court must be used, and evidence taken so far as possible viva voce. -The Norma, 35 L.T. 418.

(xxxii.) P. D. & A. Div.--Collision-Sailing Rules-R. 20.-A ship aground ought to exhibit a light on a mast and have a look-out to warn approaching ships.-The Thomas Lea, 35 L.T. 406.

(xxxiii.) C. A.-Collision.-Steering. and Sailing Rules. -The meaning of the terms "crossing ships," "overtaking ships," "approaching ships," within the Steering and Sailing Rules (Merchant Shipping Amendment Act, 1862,) Arts. 14, 16, 17, 20, considered and explained: ships in the English Channel are governed strictly by these rules, not by customs of river navigation. The Franconia, 35 L.T. 721; 25 W.R. 197.

(XXXIV.) P. D. A. Div.- Compulsory_Pilotage.-Pilotage is compulsory in the Falmouth district.-The Juno, L.R. 1 P.D. 135; L.J. 45, P.D.A. 105; 34 L.T. 741; 24 W.R. 901.

(xxxv.) C. P. Div.-Damage-Limitation of liability.-The limitation of a shipowner's liability for damage under Merchant Shipping Act, 1862, applies to all cases of improper navigation, and relief on this ground should be claimed in statement of defence, under Judicature Act, 1873, s. 21, subs. 2.-Wahlberg v. Young, L.J. 45 C.P. 783; 24 W.R. 847.

(xxxvi.) P. D. & A. Div.- Forfeiture-17 & 18 Vict., c. 104.-Where a British subject by false representations to customs officers assumes a foreign character for his ship, he commits an offence against Merchant Shipping Act, 1854, s. 103, and thereby renders ship liable to forfeiture.-The Sceptre, 35 L.T. 429.

(xxxvii.) P. D. & A. Div.-Foreign ship—Jurisdiction.―The arrest necessary to give the High Court jurisdiction under 3 & 4 Vict., c. 65, must be in a cause within its jurisdiction; the High Court will on intervention of a cause of possesforeign consul or by consent of parties, entertain a sion or mortgage of a foreign ship, and may order sale of ship.-The Evangelistria, 35 L.T. 410.

(xxxviii.) Q. B. Div.-General average.-Where in peril ship's furniture is used as fuel for the pumping engine, shipowner is not entitled to general average against owners of cargo, unless there was a reasonable supply of fuel at commencement of voyage.-Robinson v. Price. L.J. 46 Q.B. 22; 25 W.R. 112.

(xxxix.) P. D. & A. Div.-Master-dismissal.-The Court may order dismissed Master to deliver up ship's certificate of registry and papers: Semble, the master has no lien on them in case of wrongful dismissal. - The St. Olaf,

35 L.T. 428.

(xl.) C. P. Div.-Master-dismissal.- Master, in absence of express stipulation in contract of hiring, is entitled to reasonable notice of dismissal.-Creen v. Wright, 35 L.T. 339.

(xli.) C. P.

Diy.-Mortgage-Registration.-Omission to register a mortgage of a ship postpones it to a subsequent registered mortgage, but affords no answer to first mortgagee's claim to freight as against purchaser of cargo without notice: it is good as against equitable assignment of freight to a third person.- Keith v. Burrows, L.R. 1 C.P.D. 722; L.J. 45 C.P. 876; 35 L.T. 508; 25 W.R. 43.

(xlii.) C. A.-Salvage.--Held that an agreement between the master of a wrecked ship and the captain of a ship in service of Indian Government, whereby the latter was to receive half the value of cargo salved, must be set aside as being exorbitant, and because the captain had no right to impose terms for salvage services.-The Cargo ex Woosung, 25 W.R 1.

(xliii.) P. D. & A. Div.-Salvage.-Where, an agreement for salvage and apportionment of salvage money having been made, additional services outside the agreement are rendered, all the salvors, even if not actually engaged in the further operations, are entitled to share in reward.-The Cadiz and the Boyne, 35 L.T. 602.

(xliv.) P. D. & A. Div.-Wages-Waiver of Proceedings.-Where the proceeds of a ship sold on default of appearance were in Court, it was ordered that all preliminary proceedings in a cause of wages should be waived, and the money paid out of Court.-The Julina, 35 L.T. 410. Solicitor :

:

(iv.) Ch. Div. M. R.-Articled Clerk-Service.-In 1861 W. was articled to R.; in 1863 his articles were cancelled; in 1865 he re-entered R.'s service and left in 1867, his articles not being concelled; in 1869 his articles were assigned to L., with whom he remained till five years of service were completed.-Held that there was an implied cancellation of articles in 1867, within 6 & 7 Vict. c. 73, s. 13, and that the different periods might be taken as one period of service.-Ex parte Williamson, 35 L.T. 695.

(v.) Ch. Div. M. R.-Articled Clerk-6 & 7 Vict. c. 73, s. 3.-Service under parol contract, after expiration of five years' articles, is not service under contract in writing, as required by the statute: and articles cannot be extended or varied by parol.-Ex parte Adams, L.R. 4 Ch.D. 49; L.J. 46 Ch. 42; 35 L.T. 751; 25 W.R. 54.

(vi.) Ch. Div. M. R.-Investment of clients' money-Trust-Estoppel.-W. entrusted to P., his solicitor, £7700, which he arranged with P.'s clerk should be invested on mortgage of leaseholds at Camden Town, which investment P. subsequently informed him by letter had been made," as arranged with my clerk; " P. having died insolvent, it was found that no mortgage in favour of W. existed, but that P. had advanced £100,000 in his own name on security of the leaseholds: Held that P., and those claiming under him, were estopped from denying that the £7700 was part of the £100,000.--Middleton v. Pollock, Ex parte Wetherall, L.R. 4 Ch.D. 49; L.J. 46 Ch. 39; 35 L.T. 608; 25 W.R. 94.

(vii.) C. P. Div.-Lien.-H. employed defendant, a solicitor, to take proceedings regarding certain shares and deposited the certificates as security for costs; he afterwards sold the shares with notice of the lien to plaintiff who retained defendant to continue proceedings. Held that defendant was entitled notwithstanding acceptance of retainer to hold cheques received by him in exchange for the shares as security for H.'s costs.General Share and Trust Co. v. Chapman, L.J. 46 Ch. 79.

(viii) Ch. Div. M. R.-Retainer-Costs-Journey.-A solicitor retained on behalf of a company took a journey to Paris without special instructions, for the purpose of compromising a suit against the company. Held that he could not claim costs and expenses of the journey.-Re Snell, 25 W.R. 40.

Tramway :

(i.) Q. B. Div.-Superintendence by Road Authority-33 & 34 Vict., c. 78.-On the construction of the Tramways Act, 1870, ss. 26, 28, and having regard to the mode in which the tramway was laid down, Held that plaintiffs, the Road Authority, were not entitled to claim defendants' cost of superintendence and inspection of the work.- Vestry of St. Luke's v. North Metropolitan Tramways Co., L.R. 1 Q.B.D. 760: 35 L.T. 329.

(ii.) C. A.-Winding-up-Parliamentary deposit.-An Act of Parliament incorporating a Company provided that the deposit should in the discretion of the Court if the Company is insolvent and has been ordered to be wound up," be paid to the receiver or liquidator. Held, reversing decision of V.C.M.. that the discretion did not arise on the winding-up order, nor until calls to the extent of the whole unpaid capital had been made.-Re Bradford Tramway Co., L.R. 4 Ch. D. 18; 25 W.R. 88.

Trustee

(iii.) C. A.—Breach of Trust.-Testator devised real estate to one of his executers and trustees for life, with remainder over: the devisee committed breaches of trust, and then filed petition for liquidation: Held that the life estate being legal was not liable as against the trustee in liquidation, to make good the losses caused by the breaches of trust.-For. v. Buckley, L. R. 3 Ch. D. 508; 25 W.R. 170.

(iv.) Ch. Div. V. C. H.-Trustee Act, 1850.-The Court will appoint trustees of a will indicating intention to create a trust, thongh no trustees have been appointed by the testator.-In re Gillett's Trusts, 25 W.R. 25.

(v.) Ch. Div. V. C. M.-Trustee Act, 1850, ss. 2, 10.—Mortgage. One of three joint mortgagees (trustees) having gone abroad, the mortgage was transferred by deed: afterwards a new trustee was appointed in his place: Held that the former trustee not having conveyed his outstanding legal estate, the Court had jurisdiction under the Trustee Acts to vest the same in the transferee.-Re Walker's Mortgage Trusts, L.R. 3 Ch. D. 209. (vi.) C. A.-1rustee Act, 1850-Vesting Order.-Where new trustees had been appointed in the place of a sole trustee who died intestate, and had no legal personal representatives: Held (reversing decision of M.R.) that the Court had power under s. 31 to make an order effectually vesting the leaseholds in the new trustees.-Re Dilgleish's Trusts, 25 W.R. 122.

Vendor and Purchaser :

(iv.) Ch. Div. V. C. M.-Covenant running with the land.-A purchaser of land whereon was a well, covenanted to erect a pump and supply water to all houses on vendor's adjoining land: Held that the covenant ran with the land, but that independently of that it was binding on a sub-purchaser with notice, also that erection of the pump would be enforced by injunc tion.-Cooke v. Chilcott, L.R. 3 Ch. D. 694.

(v.) Ch. Div. V. C. B.-Specific performance-Compensation.-A. agreed to sell property settled as he and his wife should jointly appoint, and in default of appointment in trust for wife for life, with remainder for A. in fee; the purchase money having been invested in consols in names of the trustees of the settlement, A. died suddenly before completion and his widow refused to convey her life interest. Held that plaintiff was entitled to conveyance of the property subject to widow's life interest and a lien on the the consols for compensation in respect of such life interest.-Barker v. Cox, L.J. 46 Ch. 62; 35 L.T. 662, 685; 25 W.R. 138. (vi.) Ch. Div. V. C. B.—Specific performance—Conditions of Sale.—A condition that property would be conveyed, subject to rights of way, &c., entitles vendors to have the reservation set out on the face of the conveyance.Gale v. Squier, 25 W.R. 226.

(vii.) C. A.-Statute of Frauds.-The N. Commissioners agreed to sell land to D.; the contract did not refer to any plan, but the agents who signed it for the parties also signed a memorandum on a plan stating that the land sold was therein coloured red. Held that the plan was incorporated in and controlled the contract.-Nene Valley Drainage Commrs. v. Dunkley, L.R, 4 Ch. D. 1.

Victoria, Law of:

(i.) P. C.—Transfer of Land-Registration.—A copy of a writ of fi. fa. was served under the Transfer of Lands Act, and transfers to B. of lands thereby affected were within 3 months presented for registration; at the expiration of the 3 months no transfer upon a sale under the writ having been left for entry, the registrar registered the transfer to B.; P. afterwards lodged for registration a transfer to himself under an alias writ of i. fa. a copy of which had been served before the expiration of 3 months of the original writ. Held that the registrar rightly refused to register P.'s transfer and completed B.'s title.-Registrar of Titles v. Paterson, 85 D.T. 642.

Voluntary Gifts:

(i.) Ch. Div. V. C. B.-Defendant claimed certain bonds alleged to have been given her by B. in his lifetime, and which were found in B.'s safe at his death: Held that on the evidence of defendant and her sister, the delivery was proved and the custody of the bonds explained, and that the gift was good. Defendant also claimed a house, for the lease of which proposals had been made and accepted; on the envelope of acceptance testator had written that the lease was to be made out in defendant's name: Held that there was no sufficient declaration of trust, and that the claim must be disallowed.-Bottle v. Knocker, 35 L.T. 545; 25 W.R. 209.

ii.) C. A.-Detinue.-R. delivered without assignment a policy on his life to his mother: Held that his administratrix could not maintain action for detinue for the possession of the policy, although the gift did not entitle the mother to claim the policy moneys.-Rummen v. Hare, L.R. 1 Ex.D. 169; L.J. 46 Ex. 30: 24 L.T. 407; 24 W.R. 385. Water::

(iv) C. A-Overflow-Act of God-Vis Major.-Extraordinary rainfall caused water stored in artificial pools on defendant's land to swell and carry away embankments, thereby injuring plaintiff's property; there was no negligence in construction or maintenance of embankments. Held that

F