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Law Magazine and Review.
No. CCXXX. (4th Series, No. XIII.) FOR
NOVEMBER, 1878. CONTENTS:-1. Collisions at Sea : a Scheme of International Tribunals. By Sir Travers Twiss, Q.C., D.C.L. 2. Law in Cyprus. 3. The New Criminal Code. By B. L. Mosely, LL.B., Barrister-at-Law. 4. Ex Post Facto Laws. By the Right Hon. Sir Laurence Peel. 5. The late Right Hon. Mr. Justice Keogh. 6. On the Amendment of the Law.
By Mr. Commissioner Miller, Q.C., LL.D. 7. Select Cases : Scottish. By Hugh Barclay, LL.D., Sheriff-Substitute, Perth. 8. Legal Obituary of the Quarter. 9. Reviews of New Books. 10. Quarterly Notes. QUARTERLY Digest REPORTED CASES. Table of Cases. Index of Subjects.
No. CCXXXI. (4th Series, No. XIV.) FOR
FEBRUARY, 1879. Contents:-1. Cyprus and the Capitulations. On Evidence as Applied to History. By the Right Hon. Sir Laurence Peel. 3. The Constitution of Heligoland.
The Marriage Tie in Roman and English Law. By W. Pinder Eversley, B.C.L., M.A., Barrister-at-Law. 5. Amendment of the Bankruptcy Act, 1869. By Alexander Robertson, M.A., Barrister-at-Law. 6. Criminal Law Abroad and at Home. 7. Select Cases: Scottish. By Hugh Barclay, LL.D., SheriffSubstitute, Perth. 8. Legal Obituary of the Quarter. 9. Reviews of New Books. 10. Quarterly Notes. II. QUARTERLY Digest OF ALL REPORTED CASES. Table of Cases. Index of Subjects. No. CCXXXII. (4th Series, No. XV.) For MAY, 1879.
Contents :-1. On the Treaty-Making Power of the Crown: “ Le Parlement Belge." By Sir Travers Twiss, Q.C., D.C.L. 2. Legal Fictions : The Case of “ Angus v. Dalton." By William Markby, D.C.L., Reader in Indian Law, Oxford; late Judge of the High Court, Calcutta. 3. On the Simplification of the Marriage Laws of the United Kingdom. By W. Pinder Eversley, B.C.L., Barrister-at-Law.
4. On the Jurisdiction of the High Court of Justice in Divorce. (" Niboyet v. Niboyet.”) By J. Alderson Foote, B.A., Barrister-at-Law. 5. The Proposed Extension of County Court Jurisdiction. By B. L. Mosely, LL.D., Barrister-at-Law. 6. Legal Obituary of the Quarter. 7. Reviews of New Books. 8. QUARTERLY Digest OF ALL REPORTED CASES. Table of Cases. Index of Subjects.
ALL REPORTED CASES,
Law Reports, Law Journal Reports, Law Times
Reports, and ideekly Reporter
By HENRY M. KEARY, of Lincoln's Inn, Barrister-at-Law.
FOR AUGUST, SEPTEMBER, AND OCTOBER, 1878.*
Administration :(i.) C. A.-Advancement-Annuity-Statute of Distributions.-A father
covenanted, by deed, to pay.each of six daughters an annuity of £200 for life, provided that the income of any property he might thereafter settle on any of them should be taken pro tanto in discharge of the annuity: he died intestate: Held that the annuities paid during his life were not advancements, and that the subsisting annuities, the value being calculated at his death, should be brought into hotchpot.-Hatfield
v. Minet, 47 L.J. Ch. 612. (ii.) P. D. A. Div.-Executrix ---- Renunciation.- A sole executrix and
universal legatee renounced her rights to administration which was granted to one of the next-of-kin, who died insolvent and intestate : the executrix was allowed to take administration de bonis non.—In the goods
of Wheelwright, L.R. 3 P.D. 71. (ii.) P. D. A. Div.--Executriw—Will of Married Woman.-B.'s widow
and sole executrix married S., and made a will under certain powers, during coverture, appointing S. sole executor, and on her death adminis. tration with will annexed was granted to S. : Held that a further grant was required to the unadministered effects of B.; grant made to B.'s daughter, who was residnary legatee.—In the goods of Bridger, 47 L.J.
P.D.A. 46. (iv.) Q. B. Div.-Executor de son tort.-B. having died intestate and
insolvent, before administration was taken out, his widow was obliged to vacate his house, and removed some of the furniture to another house and sold the rest by auction : the proceeds of the sale, and the valuation price of the removed furniture, were given to the administrator, when appointed: Held that neither the widow nor the auctioneer were liable as executors de son tort.-Peters v. Leader, 47 L.J. Q.B. 573.
Cases reported only in the Law Times Reports and Weekly Reporter for October 26th are postponed till next Quarter.
(v.) P. D. A. Div.-Newt-of-kin a Lunatic—Grant to Stranger.—The sole
next-of-kin of an intestate being a lunatic, administration was, with the consent of the lunatic's committee and next-of-kin, granted to a stranger
in blood.-In the goods of Hastings, 39 L.T. 45. (vi.) P. D. A. Div.-Next-of-kin a Married Woman-Husband Abroad.-
The sole next-of-kin of an intestate was a married woman living apart from her husband, whose address was unknown: she took a first life. interest in after-acquired property under her settlement: administration granted by consent to the trustees of her settlement - In the goods of
Maychell, 39 L.T. 94, (vii.) Ch. Div. M. R.-Priority-Order Nisi to Sign Judgment—Transfer of
Action-32 & 33 Vict., c. 46.---An order nisi to sign judgment had been obtained against an executrix in the Ex. Div. for a balance due from her to the testator's estate : before judgment was signed, another creditor obtained an administration decree in the Ch. Div.: Held that the first creditor had no priority over the other creditors, and, on motion of second creditor, the action in the Ex. Div. was ordered to be transferred and proceedings stayed, the plaintiff to be at liberty to prove for claim
and costs in the administration.-Hanson v. Stubbs, 47 L.J. Ch. 671. (viii.) Ch. Div. V. C.M.-Priority-Second Creditor—Judicature Act, 1873,
ss. 2, 25, sub-sec. 1.-Section 25, sub-section 1, of the Judicature Act, 1873, came into effect on the passing of that Act.-Hilton v. Jones,
47 L.J. Ch. 740; 38 L.T. 808. Agreements and Contracts:(i.) P. C.-Breach-Fraud. - Release.-In an action for breach of covenants
in a partnership deed and for fraud in obtaining a dissolution, by the deed of dissolution the plaintiff had released defendant from all matters relating to the partnership: Held that as plaintiff was not in a position to rescind the contracts contained in the deed, the release was binding
on him.--Urquhart v. Macpherson, L.R. 3 App. 831. (ii.) Ch. Div. F. J.-Contract to Dedicate to Public-Notice.- A., the lessee
of land, made a contract to make and dedicate a road to the public, and made a road accordingly : afterwards he sold the lease to B. : in the plan annexed to the lease the road was marked private : Held that, though B. would have been put on inquiry by the words in the lease, “subject to existing rights of way, yet that the description of the road in the plan took away the effect of those words, so far as related to the road : and that B., having purchased without notice, the fact that C., a subsequent purchaser from B., had notice was immaterial. --- Attorney-General v.
Biphosphated Guano Co., 38 L.T. 941. (ii.) H. L.-Fraud--Trover.-Blenkarn was convicted of obtaining goods
under false pretences from plaintiffs by means of orders signed so as to look like “Blenkiron & Co.," a well-known firm : the defendants had bona fide purchased the goods from Blenkarn and resold them: Held (affirming the Court of Appeal, L.R. 2 Q.B.D. 96; 46 L.J. Q.B. 233; 36 L.T. 345 ; 25 W.R. 417) that the property in the goods never passed from the plaintiffs, and they were entitled to recover.—Lindsay v. Cundy,
47 L.J. Q.B. 481. (iv.) Ch. Div. V. C. B.--Restraint of Trade-Trade Secret.-A covenant
in restraint of trade, though unrestricted as to locality, is reasonable and good if it relate to the use of a trade secret. - Hagg v. Darley, 47 L.J. Ch. 567.
Arbitration: (i.) C. A.–Agreement to Refer— Revocation-17 & 18 Vict., c. 125, s. 11.
Where a contract contains an agreement to refer, one party cannot
revoke the agreement and bring an action: if he does, proceedings will be stayed under 17 & 18 Vict., c. 125, s. 11.-Moffat v. Cornelius,
26 W.R. 914; 39 L.T. 102. (ii.) Ch. Div. M. R.-Removal for Unfitness-Injunction–17 & 18 Vict.,
c. 125, s. 79—Judicature Act, 1876, s. 25, sub-3. 8.-Injunction granted at the instance of a party to an arbitration, restraining an arbitrator from continuing to act, on the ground that it was not probable that he
would faithfully discharge his duty.-Beddow v. Bedảow, 47 L.J. Ch. 588. Banker:(i.) P. C.-Branch Bank-Transfer.—The holder of a promissory note pre.
sented it at the head office of the bankers of the maker, and they sent it to their branch bank where the note was payable, when it was cancelled by a clerk, and a draft transmitted in respect thereof to the head office, where payment was stopped : Held that the bank could not be charged with the receipt of the money.—Prince v. Oriental Bank,
47 L.J. P.C. 42. Bankruptcy:(i.) C. A.-Appeal--Security for Costs-Ord. 58, 4. 15.—The Court of
Appeal, but not the Bankruptcy Court, can, under special circumstances, increase the amount of a deposit after the entry of the appeal.--Ec parte
Cooper, Re Baum, 38 L.T. 924; 26 W.R. 890. (ii.) C. J. B.-Appeal from County Court-Time-Bankruptcy Rules, 1870,
r. 143.—The time for appealing from a County Court to the Chief Judge in Bankruptcy is unaltered by Rules of Court, 1875: the appeal must be brought within twenty-one days from the day on which the order appealed from is finally settled and signed.-Ex parte Cochrane Re
Sendall, 38 L.T. 820; 26 W.R. 818. (iii.) C. A.-Composition-Appeal-Costs.-Costs of abortive appeal against
registrar's refusal to register resolutions for composition are not proper costs incurred in relation to “pending proceedings" within, r. 292 of
Bankruptcy Rules, 1870.- Ex parte Hopper, Re Elliott, 47 L.J. Bcy. 41. (iv.) C. A.-Composition-Debt incurred by Fraud--- Attachment-32 33
Vict., c. 71, s. 12.- The provisions for the protection of a debtor in section 12 of Bankruptoy Act, 1869, and r. 289 of Bankruptcy Rules, 1870,
do not apply to composition.—Pashler v. Vincent, L.R. 8 Ch. D. 825. (v.) H. L.-Composition-Debtor's Statement.--Pending an arrangement by
composition, one of the creditors was liable on a contingency as surety for debtor on an Admiralty bond, which liability was not included in the statement of debts; but the creditor assented to the composition in respect of another debt: Held that the creditor having been called upon to pay the amount secured under the bond could bring an action against the debtor in respect thereof.—Breslauer v. Brown, L.R. 3 App. 672 ;
39 L.T. 67. (vi.) C. A.-Composition - Default-Proof-Notice-Act of Bankruptcy.
Where creditors agree to accept a composition payable by instalments, some of which are guaranteed by a surety, if default is made in the payment of any instalment, the creditors may prove in the debtor's bankruptcy for the whole balance on their debts, without refunding the instalments received. (Notice of an act of bankruptcy available for adjudication in sections 94 & 95 of the Bankruptcy Act, means notice of an act of bankruptcy which would have been available for making the
adjudication actually made).-Ex parte Gilbey, Re Bedell, 47 L.J. Bcy. 49. (vii.) C. J. B.-Costs—Shorthand Notes.-Costs of transcript of shorthand
notes of evidence are, in the discretion of the judge, within r. 188 of Bankruptcy Rules, 1870.—Ex parte Smith, Re Albezette, L.R. 8 Ch. D. 599.
(viii.) Ch.Div. V.C. B.--Discharged Bankrupt-Taxation-- Party Interested
-68 7 Vict., c. 73.--A bankrupt is not entitled after discharge, though his creditors have been paid in full, to demand delivery and taxation of a bill of costs paid by the trustee out of the estate.-— Re Leadbitter &
Harvey, 39 L.T. 12; 26 W.R. 853. (ix.) C. J. B. – Discharge - Certificate Refusal of Creditors.
- When a bankrupt's creditors refuse to grant him a certificate, the Court has no power to order his discharge in the absence of improper conduct on the part of the creditors.--Ev parte Chesney, Re Dempster, 38 L.T. 887 ;
26 W.R. 833. (x.) C. A.-Execution-Composition.—Where a sheriff who has seized goods of
a trader, under a fi. fa., for an amount exceeding £50, receives notice within fourteen days of a bankruptcy petition against the trader having been presented, and a resolution for composition is duly passed and registered, the sheriff ought immediately to pay the proceeds to the
execution creditor.-Leader v. Knight, 26 W.R. 897. (xi.) C.J, B.- Execution— Reduction of Claim --- Bankruptcy Act, 1869, s. 87.
A creditor who has sued a trader for a debt, and signed judgment for more than £50, may avoid the operation of sec. 87 of the Bankruptcy Act by issuing execution for less than £50.--Ex parte Berthier, Re Hinks,
47 L.J. Bcy. 64. (xii.) C. J. B.-Execution-Seizure without Sale-Costs.--A sheriff's officer
seized goods of a debtor under a fi. fa., and advertised them for sale : the debtor filed a liquidation petition, and the sale was restrained : Held that the costs of the seizure and announcement of sale must be paid by the trustee under the liqnidation.---Ex parte Browning, Re Craycruft,
L R. 8 Ch. D. 596. (xiii.) C. J. B.-Execution ---Sum under £50—Possession Money.--Execution
was taken for a sum under £50, and the debtor having become bankrup: an injunction was granted restraining sheriff from dealing with the goods, and he remained in possession till the injunction ceased, when, with the addition of the possession money, the sam exceeded £50: Held that this was an execution in respect of a judgment for a sum exceeding £50 within section 87 of the Bankruptcy Act, 1869.--Ex parte Lythgow,
Re Fenton, 38 L.T. 886 ; 26 W.R. 834. (xiv.) C. J. B.-Lease-Disclaimer-Fixtures.-A trustee in bankruptcy is
entitled to remove tepant's fixtures after receiving notice to disclaim but before disclaiming.-Ex parte Foster, Re Roberts, 38 L.T. 888 ;
26 W.R. 834. (xv.) C. A.-Liquidation Discharge — Malpractice in obtaining Vote. —
Malpractice in obtaining a single vote is sufficient to vitiate a resolation
for discharge of a debtor.-Ex parte Baum, Re Baum, 47 L.J. Bcy. 48. (xvi.) C. P. Div.--Liquidation-Discharge--Omission from Debtor's State.
ment.-A debtor who has obtained his discharge in a liquidation is not liable at the suit of a creditor who was omitted from debtor's statement and had no notice of the proceedings where the debt was provable in
liquidation.--Elmslie v. Corrie, 39 L.T. 107. (xvii.) C. A.-Liquidation-No Assets-Where a debtor's statement shows
that he has no assets available, and it appears that the procedure of the Court is resorted to for an idle purpose, the registrar ought not to register resolutions for liquidation by arrangement.—E.o parte Aaronson,
In re Aaronson, 47 L.J. Boy. 60. (xviii.) C. A.- Liquidation - Release of Trustee - Non-payment of Rent.--A
liquidating debtor's trustee entered into possession of leaseholds occupied by debtor, but failed to pay the rent due for one quarter. After the debtor's discharge and the trustee's release, the landlord applied to the