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(xiii.) C. A..—St0ckbroker—Contract to Pay D{fl'erences—Gam1'/ng -8 §"9V|'ct., c. 109, s. l8.—Defenda-nt employed plaintiff to speculate for him on the Stock Exchange, it being understood between them that defendant, so long as the arrangement lasted, should only be liable to pay or receive difierences: in an action by plaintifi for commission and indemnity against liabilities incurred on the Stock Exchange for benefit of defendant, defendant pleaded that the claim was illegal, as founded on gaming and wagering: Held that plaintifi was entitled to recover.— Thacher v. Hardi , 27 W.R. 158.

(xiv.) C. P. DiV.——Wrongfu.l Corwersiorn/—Delivery to order of third pa/rty— llleasu-re of Damages-.—Plaintifis employed L. to make waggons according to sample at a fixed price; and L. employed a Waggon company to make them at a lower price; and afterwards it was arranged that plaintifi should pay the company direct. The waggou company delivered waggons to a railway company to order of plaintifi, and plaintifi sent a complaint to the waggon company and L. that they were not equal to sample, and stated that they would sell them and hold L. responsible for loss: L. rejected the waggons, and plaintifis gave the railway company notice not to deliver the waggons without their order, but the railway company delivered them to the Waggon company, who refused to give them up : in an action for wrongful conversion, Held that both companies were liable, and that plaintiffs were entitled to recover the full value of the goods at the time of conversion.—Johnson v. La/ncashire and Yorkshire Railway Co., L.R. 3 C.P.D. 499; 39 L.T. 4-48.

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(ii.) Ch. Div. V. C. B.—S1//raty——Cwrrent Acvount—Appr0pr2'atio'n.-— Bankers advanced money to C., and took as security a series of pro. missory notes, maturing at the rate of one a week for ten weeks, and W. as surety for C. gave a written undertaking that if the promissory notes were not paid he would secure the debt by a mortgage. Moneys were paid by C. into the bank more than suflicient to meet the notes, but O. also drew on the bank so that at the maturity of some of the bills his account was overdrawn: Held that the bankers were bound to apply moneys received after each note became payable primarily towards the payment of such note, and as they had not done so W. was discharged from his suretyship.—K1'nnaird v. Webster, 39 L.T. 494; 27 W.B. 212.

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(xxxii.) C. A.—-Act of Bankru/ptcy—Adj'ud/ication—Holder of Bill of Sale32 §" 83 Vict., c. 71, ss. 10, 11.—An adjudication of bankruptcy is con. elusive as against the holder of a bill of sale executed by the bankrupt, that the act of bankruptcy, on which the adjudication is founded, was in fact committed ; but the holder of the bill may appeal from the adjudi. cation.-—Ea: parts Lea/royd, ReFaulds, L.R. 10 Ch. D. 3; 89 L.T. 525.

(xxxiii.) C. A.—Act of Bankruptcy-—Bill of Sale-Forbearance to Enforce Judgment.—The forbearance of a creditor to enforce a judgment for a sum exceeding £50 against a trader is not such an equivalent for an assign. ment by the trader of the whole of his property, to secure a past debt, as to prevent it being an act of bankruptcy.—Ea: pa/rte Cooper, Re Baum (2), 39 L.T. 528.

(xxxiv.) C. J. B.—-Act of Banka-uptcy—-Bill of Scle—Subatam.tial Further Ad1'ance.—A shoemaker executed a bill of sale to a creditor on all his property, except book debts, to secure a past debt of £227 and a fresh advance of £15: Held that the £15 was u. substantial further advance.— Em parts Evans, Re Edwards, 39 L.T. 364.

(xxxv.) C, J’, B,-Appaal—Not1'ce.—-An appeal was entered with Registrar of Appeals within 21 days from date of order, but a copy of appeal notice was not sent to Registrar of the Court appealed from till two months afterwards: Held that the appeal could not be heard.—E:o pa/rte Sillence, Re Sillence, 47 L.J. Bcy. S7.

(xxxvi.) C, J _ B,—Appea,L——Pe1-son Aggrieved—Petitri0ning C'reclitor’s Debt.— The trustee of a creditor’s deed, on which an adjudication is founded, is entitled to appeal. A claim by a writ served at date of act of bankruptcy for a sum less than £50 and for costs, which, when ascertained, brought up the total to over £50, is not a good petitioning creditor's debt.—-E1: parie Sadler, Re Whela/n., 39 L.T. 361; 27 W.R. 156.

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(XXXViii-) C. A.—Appeal—Secun'ty for Costs--Default»-Motion to Dism11ss.—An appellant having been ordered to give security for costs of appeal, and not having done so, respondents gave notice of motion to dismiss appeal for want of prosecution. Before the motion came on the appellants gave the security: Held that appellants must pay costs of motion before appeal could be hea.rd.—E.'v pa/rte Isaacs, Re Ba,-um (2), L.R. 10 Ch. D. 1 ; 39 L.T. 520.

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(x1ii.) C, J, B,—Equitable Assignment-—-Direction to Pay.—A. authorised his tenant in writing when the Michaelmas rent should become due, to pay B. £200: before Michaelmas A. became bankrupt : Held that the trustee in bankruptcy was entitled to the rent in preference to B.—Eo pa/rte Rowell, Re Whitting, 39 L.T. 259; 27 W.R. 64.

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(xlv.) C. A..—Leaseh0lds —Om'ission to Disclarim/——T1~ustee’s Liabilitg/.——A trustee in bankruptcy, who takes possession of leasehold property of bankrupt, and does not disclaim after notice from landlord, is personally

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(xlvi.) C. A.—Liquid<m'o1|,—Apparent Possession—-Dischm'ge.—Where adebtor, permitted by the trustee to retain possession of his furniture, holds himself out as the owner thereof, the trustee not having notice, does not

thereby forfeit his right to it: a discharge by joint creditors does not discharge the debtor from separate debts.—Meggy v. Imperial Discount 00., L.R. 3 Q.B.D. 711; 4-8 L.J. Q.B. 54.

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Debt.—A promise, made by a liquidating debtor after discharge, to pay debts incurred previously to liquidation is binding on him, if new and valuable consideration is given for the promise.—Jakeman v. Cook, L.R.

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debtor described himself in his liquidation petition by his business address, and omitted mention of his private address : Held a substantial misdescription ; registration of resolutions and leave to amend refused.Eav parts Jerningham, Re Je1~n.1'ngha.m, L.R. 9 Ch. D. 4:66; 47 L.J. Boy. 115; 89 L.T. 186; 27 W.B.. 157.

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ment.—'l‘he mere fact that a trustee has not taken possession of a debtor’s property for two months after appointment, will not destroy his right to the property as against a bond fide purchaser from debtor: any objection to the description of the debtor in the advertisement must be taken before registration of creditors’ res0lutions.—E-.1: parte Cooper, Re Green, 39 L.T. 260. '

C. A.—Liqu.ida.tion— Small Assets — Discharge. — The fact that a debtor's assets consist of litigated claims does not prevent his creditors from passing a. resolution for liquidating by arrangement : delegation of the power of granting debtor's discharge is ultra. 'vires.—Eau parts Hope, Rs Hope, L.R. 9 Ch.D. 398; 47 L.J. Boy. 116; 27 W.R. 7.

C. J. B.—Ov'de'r and Disposition—Share of Partnersh1'p.-—A., a partner, mortgaged his share in the partnership property and business to B. : the deed was not registered as a bill of sale, and the property remained in the occupation of the firm until the bankruptcy of A.: Held that A.’s interest in the partnership was a chose in action other than a debt within sec. 15, sub-sec. 5, of the Bankruptcy Act, 1869, and that the property comprised in the deed was not in the order and disposition of A. at the time of the bankruptcy.—-Ea: parte Fletcher, In re Bainbridge, 47 L.J.

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C, J, _'B_——Proof—Loam. Society——Subsequent I'n.terest.—-A loan society advanced £250 to B. on condition that he should pay back £550 by monthly instalments: after he had paid some instalments he filed a petition for liquidation: Held that the society was entitled to prove for the whole of the balance of the £550 remaining nnpa.id.—E.v parle Cockbzlrn, Re Lundy, 39 L.T. 362.

C_ J’, B,—Proof in respect of Stolen Goods—(Jompound.ing Felong/.— When bankrupt had absconded, and subsequently it was discovered by his employers that he had committed defalcations, but they did not issue a warrant against him till ten days afterwards; and he had not since been found: Held that the employers were entitled to prove in respect of the amount st0leu.——Ea: pa/rte Tzu'quand, Re Shepherd, L.R. 9 Ch. D. 704-.

C. A..—Secu.-red Cre¢lilor—Ga.mishee Order Nisi.—A judgment creditor who has obtained a garnishee order nisi, attaching debts due to the debtor, before he has filed a liquidation petition, is a secured creditor within sec. 16, sub-sec. 5, of the Bankruptcy Act, and his title to the debts will prevail against the trustee, though some of them were not payable till after the commencement of the liquidation.—E:v part: Joselyne, Re Watt, 47 L.J. Bey. 91.

C. A.——Substituled Se1"vice—Abscond1'ng Debto'r—Dist'ricl Regish-y.—The jurisdiction to make an order for substituted service under rule 61 of

Bankruptcy Rules, 1871, lies with the Court of the District in which the

, debtor's usual place of residence was previous to his absconding.— Ea: parte North Kent Ba/nk, Re Holdsworth, L.R. 9 Oh. D. 338; 39 L.T. 379; 27 W.R. 158.

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(lvii.) C. .A..——-Undischarged Bank-1~upt— Damages in Action for SZu.nder.—— Damages recovered by an undischarged bankrupt in an action of slander, do not form part of his property divisible among his creditors within s. 15, sub.s. 3, of the Bankruptcy Act, 1869.—Ea: pm-te Vine, In re Wilson, 4'7 L.J. Boy. 116.

Bill of Sale :

(v.) C. A..—Regist'ration—Description of Gra.'nto1_—In the affidavit filed with a copy of bill of sale the grantor was described as J . W. of L. Farm, in the County of G. The grantor’s real name was J. W., but he was generally known by, and had assumed the name.of,J. A. W. The farm was in the County of the City of 0.: Held that the description was sufiicient.—E:c parte Hattie, Re lVood, 39 L.T. 373.

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C. A..—Um-egistered BiZl—Mo'rt_qa.ge by Pa/rtne'rs—Assignment—Ba'nkru/ptcy.—-Two partners in trade, A. and B., executed a mortgage of trade fixtures and chattels which was not registered as a bill of sale. After. wards A. retired from the partnership, and assigned his share in the goods to B. subject to the mortgage. B. subsequently filed a liquidation petition : Held that the loose chattels passed to the trustee in bankruptcy, and as to the fixtures that the mortgage was void as against the trustee to the extent only of the debtor's original moiety.—I'.';v pm-te Broum, Re Read. L.R. 9 Ch. D. 389; 39 L.T. 338; 27 W.R. 219.

C. A.—Unregislered BilZ—SaZe of Furniture and Subsequent Letting.—C. lent £150 to B., a trader, to pay out an execution, and B. gave him a receipt written at the foot of an inventory of furniture as a receipt for the money for an absolute sale of the furniture to C.; and on same day they executed a memomndum of agreement for C. to let to B. the_furni. ture for two months for £170, in case of default by or bankruptcy of B., C. to seize the furniture and sell, if the £170 should be paid to C., then the furniture should belong to B. : Held that these two documents together constituted a bill of sale requiring registration, and that no difference in this respect was made by the fact of C. having been paid off by a third person who by a fresh agreement was put in the same position as

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(lX.) C. A.—Um-/'giste'rerZ Bill—-Sale of Furniture and Subsequent Le1.‘ting.—A trader sold furniture in his house to J., and at the foot of an inventory of the furniture signed a. receipt for the money as purchasemoney of the goods inventoried, and on same day delivered a chair to J . in the name of the furniture : J . verbally agreed to let the furniture to the trader, and it remained in his possession: Held that the inventory and receipt constituted a bill of sale, which, being unregistered, was void against the trader's trustee in liquidation.-Em parte Cooper, Re Baum (1), 39 L.T. 521.

Building Society :——

(i.) Ch. Div. V. C. B.—-—M01'!ga1_7e—Fine.-—Fines imposed by the rules of a benefit building society and covenuuted to be paid in a mortgage deed by a member, are part of the principal money secured by the mortgage, and where an account is decreed, are included under the term “ principal interest and costs."—~Pr0v1'dent Pemument Building Society v. Greenhill, L.R. 9 Oh. D. 122; 27 W.R. 110.

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(i.) C, A,—Bw~ia,l Fees——Cemetery Act—New Ecclesiastical Di,strict.—By a private Act for establishing a cemetery, it was provided that certain fees should be paid by the Cemetery Company to the Incumbent of the parish or ecclesiastical district from which any body should be removed for burial in the cemetery, and that a part of these fees should be handed over to the churchwardens to be applied among the persons entitled to share the burial fees in such parishes or districts: before the cemetery was made, the parish churchyard of C. was used as burial place for persons dying in the parish, and the Vicar of C. was entitled to the fees: after the Act, three separate ecclesiastical districts were formed out of the parish: Held that the incumbents of the three districts were entitled to the fees under the Act as against the Vicar.Bowyer v. Stantial, L.R. 3 Ex. D. 315.

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(iii.) P. C.——-Ea:p'r0p'r1latio1t——App0'rti0nment of Inde1nm'ty.—The commissioners appointed under Colonial Act, 27 & 28 Vict., c. 60, must under Colonial Act, 29 & 30 Vict., c. 56, s. 12, assess and appropriate the indemnity for expropriated land among the persons benefited by the improvement, at the same time that they determine the amount of the indemnity, and

not after their report has been homologated.—Mayor of Montreal v. Stephens, 47 L.J. P.C. 67.

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(ii.) C.A.—Right of Fold--c0u.rse—Fi'nding on issues in previous .\mit——Estoppel. —-In an action to restrain the inclosnre of part of waste lands by the lord of the manor in which the plaintifi claimed a liberty of freehold fold.course over the lands in question, it appeared that in a previous action between the parties’ predecessors in title issues had been directed as to the right of common claimed by plaintifi"s predecessor in the lands, whether he was entitled to any and what liberty of fold-course; and the finding thereon was that he was entitled to the liberty of two several fold-courses in the land: Held that this finding did not estopp defendants from denying that plaintifi had a right over the land other

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Company :

(xxii.) C. A.—Debentwre—Oha/rge on Estate Property and Efl'ects.—Directors of a company, with an office in London, and incorporated for the purpose of acquiring and dealing with land in Florence, were empowered by the articles to borrow money by mortgage of any of the company's property, or by bonds or debentures, entitling the holders to be paid out of the property and ofi"ects of the company : bonds were issued, purporting to bind the members of the company, and all their estate, property, and efiects, to repay the money borrowed: Held that these bonds constituted

a. charge on the property of the company for the time being.—Mo01"s Case, Re Flmrence Land, §‘c., Co., 27 W.R. 236.

(xxiii.) Ch. Div. V, C, B,—Dia'ecto1-‘s Qualifi-catinn—Resignati0n~—Li'ability.A company’s act provided that the qualification for directorship should be twenty shares, that P. and others should be first directors and continue in ofiice till first ordinary meeting: no ordinary meeting was held within six months after the passing of the Act: P. resigned his oflioe before the first ordinary meeting, and received a cheque as remuneration for his

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