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Husband and Wife :

(xxviii.) Ch. Div. M. R.-Curtesy-Devise to Wife-Death in Testator's Lifetime-1 Vict., c. 26, ss. 3, 33.-Testator, who died in 1875, by his will, dated in 1872, devised freeholds to his daughter, her heirs and assigns for her separate use. The daughter died in 1874, leaving her husband and a child surviving: Held that the husband was entitled to the devised property for life as tenant by the curtesy.—Eager v. Furnivall, L.R. 17 Ch. D. 115; 44 L.T. 464; 29 W.R. 649.

(xxix.) Ch. Div. V. C. H.-Declaration of Trust-Intended Gift to Wife.Words importing a present intention on the part of a husband to make a gift to his wife cannot be held to operate as a declaration of trust.— Breton v. Woollven, L.R. 17 Ch. D. 416; 50 L.J. Ch. 369; 44 L.T. 337; 29 W.R. 777.

(xxx.) P. D. A. Div.-Divorce-Adultery-Maintenance-Previous Separation Deed. A wife, by separation deed, agreed to accept certain sums as a provision for her support, and not to sue her husband for any further maintenance. Subsequently she discovered that he had been guilty of incestuous adultery, and she obtained a decree for divorce: Held that she was entitled to the usual order for permanent maintenance.—Morrall v. Morrall, L.R. 6 P.D. 98.

(xxxi.) P. D. A. Div.-Divorce-Adultery and Cruelty-Condonation-Revival.-Condoned adultery and cruelty may be revived by subsequent misconduct which falls short of adultery.-Ridgway v. Ridgway, 29 W.R. 612.

(xxxii.) Ch. Div. V. C. B.-Lunacy of Husband-Conversion by Wife.Statement of claim in action by representatives of deceased husband against representatives of deceased wife, alleging that wife during husband's lifetime (he being a lunatic not so found) took possession of and sold certain of his chatels, and applied the proceeds to her own use, and claiming recovery of proceeds from her estate. Demurrer overruled.-Williams v. Stratton, 50 L.J. Ch. 495; 44 L.T. 600.

(xxxiii.) C. A.-Separate Estate-Restraint on Anticipation.-Decision of V. C. M. (see Husband and Wife x., p. 18) reversed.-Pike v. Fitzgibbon, 50 L.J. Ch. 394; 44 L.T. 562; 29 W.R. 551.

Insurance:

(v.) Q. B. Div.-Fire Insurance-Loss through Felonious Act of Wife of Assured.-An insurance company granted a fire policy to S., and during its currency S.'s wife feloniously burnt the property insured. The company brought an action against S. and wife for damages: Held that the action could not be maintained, the company not having admitted their liability on the policy.-Midland Counties Insurance Co. v. Smith, L.R. 6 Q.B.D. 561; 50 L.J. Q.B. 329.

(vi.) Q. B. Div.-Insurance Against Accident-Death Caused by Fit.-A policy of insurance against death by accident provided that the insurers should not be liable in case of death arising from fits, whether causing such death directly or jointly with any accidental injury. Insured, while standing on a railway platform, had a fit, and in consequence fell on the railway, and was killed by a passing engine: Held that the insurers were liable.-Lawrence V. Accident Insurance Co., 29

W.R. 802.

Landlord and Tenant:

(xviii.) C. A.-Bankruptcy of Lessee-Disclaimer-Sub-lessee.-Decision of Q. B. Div. (see Landlord and Tenant xiv., p. 92) reversed.-Smalley v. Hardinge, 44 L.T. 503; 29 W.R. 554.

(xix.) Ch. Div. M. R.-Covenant Affecting Lessor's Title-Constructive Notice-37 & 38 Vict., c. 78, s. 2.-A lessee has constructive notice of all the contents of deeds affecting the lessor's title, when the existence of such deeds and the fact of their affecting the lessor's title are necessarily within his knowledge; and this rule is unaffected by sec. 2 of Vendor and Purchaser Act, 1874.-Patman v. Harland, L.R. 17 Ch. D. 353; 44 L.T. 728; 29 W.R. 707.

(xx.) C. A.-Fixtures-Signboard of Inn-Fixtures of Previous Tenant.-When a tenant has put up fixtures and leaves them attached to the freehold, and a new lease is granted to another lessee, the fixtures do not become the property of the new tenant. Decision of C. J. B. (see Landlord and Tenant xi., p. 57) reversed.-Ex parte Baroness Willoughby De Eresby, Re Thomas, 29 W.R. 527.

(xxi.) Q. B. Div.-Fraudulent Removal of Goods-Appeal from Justices-11 Geo. II., c. 19, ss. 4, 5; 12 & 13 Vict., c. 45, s. 1; 42 & 43 Vict., c. 49, ss. 31, 32.-An appeal from an order of justices, under 11 Geo. II., c. 19, ss. 4, 5, by a person adjudged guilty of fraudulently removing goods to prevent a distress, is subject to the regulations comprised in secs. 31, 32, of Summary Jurisdiction Act, 1879; and therefore notice of appeal must be given within seven days after decision appealed against. -Regina v. Shropshire Justices, L.R. 6 Q.B.D. 669; 50 L.J. M.C. 72; 29 W.R. 567.

(xxii.) Ch. Div. K. J.-Lease-Renewal-Existing Breach of CovenantWaiver.-A lease contained a covenant by landlord to renew on lessee giving six months notice before expiration of lease. The lessee gave notice, but at that time and at expiration of lease there was an existing breach of a covenant by the lessee to paint: Held that the lessee could not enforce the covenant to renew; and that acceptance of rent by the landlord was no waiver of the breach.-Bastin v. Bidwell, 44 L.T. 742. (xxiii.) Ch. Div. V. C. B.-Restrictive Covenant-Sale of Lots-LesseeNotice. The purchaser of a freehold lot on a building estate entered into a covenant with the vendors and the owners of the other lots not to retail beer: Held that a sub-lessee, who had no notice of the covenant, was bound by it.-Thornwell v. Johnson, 44 L.T. 768; 29 W.R. 677. Lands Clauses Act:

(xi.) Ch. Div. M. R.-Compulsory Purchase-Trustee with Power of SaleInterest on Purchase Money.-If a company serve notice to treat on a life-tenant of lands, and the matter proceeds in the usual course to arbitration and award, the company cannot require a conveyance from trustees having a power of sale with consent of life-tenant. Interest is payable by the company on the purchase-money from the time when they might have taken possession.-Pigott v. G. W. Rail. Co., 29 W.R. 727.

(xii.) C. A.-Costs-Adverse Litigation.-Costs of taking accounts between mortgagor and mortgagee of lands taken compulsorily are not costs occasioned by litigation between adverse claimants within sec. 80 of Lands Clauses Act, 1845.-Re Bareham, L.R. 17 Ch.D. 329; 29 W.R. 525. Licensed House :

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(i.) Q. B. Div.-Death before Expiration of Licence-Assignment after Expiration-Application to Special Sessions-9 Geo. IV., c. 61, s. 14.– The power of granting a licence at special sessions, under 9 Geo. IV., c. 61, s. 14, to a new tenant, where a person duly licensed has died during the continuance of his licence, extends only to the period for which the former tenant's licence would have lasted.-White v. Coquet. dale Ward Justices, 44 L.T. 715.

(ii.) Q. B. Div.-Prohibited Hours--Excise Licence-37 & 38 Vict., c. 49, ss. 3, 9.-The provisions of secs. 3, 9, of Licensing Act, 1874, are not limited to cases of holders of justices' licences.-Martin v. Barker, 29 W.R. 789.

Lord Mayor's Court:

(ii.) H. L.-Foreign Attachment-Corporation Aggregate. The process against a garnishee to enforce obedience to the jurisdiction of the Lord Mayor's Court in foreign attachment, cannot be applied to a corporation aggregate. Decision of Court of Appeal (see Lord Mayor's Court i., p. 58) affirmed.-Mayor of London v. London Joint Stock Bank, L.R. 6 App. 393.

Lunacy:

(vi.) Q. B. Div.-Lunatic Charged with Crime in India-Removal to England-14 & 15 Vict., c. 81, s. 1-M., a European British subject in India, shot a native, and the magistrate to whom this fact was reported without making a formal inquiry, ordered an inquiry as to M.'s sanity, and reported to the Madras Government that M. was insane: Held that M. might, by virtue of 14 & 15 Vict., c. 81, s. 1, be lawfully removed to England, and confined in a lunatic asylum during Her Majesty's pleasure. -Re Maltby, L.R. 7 Q.B.D. 18; 50 L.J. Q.B. 413; 44 L.T. 711; 29 W.R. 678.

(vii.) C. A.- Payment of Dividends to Attorney of Curator-Order on Companies.-The curator of the property of a lunatic residing in Malta, having authorized a person residing in England to receive dividends of shares in Companies and of Consols belonging to the lunatic, the Court ordered that the companies and the Bank of England should be at liberty to pay accrued and future dividends to the curator's attorney.— Re Baynes, 44 L.T. 322.

Metropolitan Management :-
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(vi.) H. L. Div.-Metropolitan Asylum District-Small Pox HospitalNuisance-30 & 31 Vict, c. 6.-The owners of land adjoining the Hampstead Small Pox Hospital brought an action against the managers of the Metropolitan Asylum District for damages for injuries sustained in consequence of the erection of the hospital, and the jury found that the hospital was a nuisance, occasioning damage to plaintiffs, and that, assuming the defendants were legally entitled to erect and carry on the hospital, they had not done so with proper care and skill: Held that plaintiffs were entitled to a verdict with costs, and an injunction to restrain the carrying on of the hospital so as to be a nuisance.-Managers of Metropolitan Asylum District v. Hill, L.R. 6 App. 193; 50 L.J. Q.B. 353; 44 L.T. 653; 29 W.R. 617.

(vii.) Q. B. Div.-New Street-House and land abutting on Chapel-18 & 19 Vict., c. 120; 25 & 26 Vict., c. 102.-A. chapel vested in trustees and which abutted on a new street was registered as a place of religious worship, but had not been consecrated; and there was no dedication of the land in perpetuity: Held that the trustees were liable to contribute to the expenses of the new street either under 18 & 19 Vict., c. 120, s. 105, or 25 & 26 Vict., c. 102, s. 77.-Caiger v. Vestry of St. Mary Islington 50 L.J. M.C. 59; 44 L.T. 605; 29 W.R. 538.

Mines:

(vii.) H. L.—Injury to Surface.—A mining lease provided that lessee might work the mines in the usual and most approved way, and should have liberty to enter upon the land and do and execute all such acts, works and

things upon, in, or under or above the premises as should be necessary for working the mines: Held that the lessee was not entitled so to work the mines as to let down the surface.-Davis v. Treharne, L.R. 6 App. 460. Mortgage :

(xxiii.) Q. B. Div.-Assignment-Charge-Judicature Act, 1873, s.

25 (6).

-A. mortgaged property to B. to secure £1,380 and covenanted to pay the debt, B. assigned the debt and premises to C. to secure repayment of advances not exceeding £1,200; Held that this was an assignment purporting to be by way of charge only, and therefore not within the operation of sec. 25, sub-sec. 6 of Judicature Act, 1873.-National Provincial Bank v. Harle, L.R. 6 Q.B.D. 626; 50 L.J. Q.B. 437; 44 L.T. 585; 29 W.R. 564.

(xxiv.) C. J. B.-Attornment Clause-Distress-Bankruptcy.-Rent secured by an attornment clause in a mortgage deed is a security for the principal as well as the interest of the mortgage debt.-Ex parte Tempest Re Betts, 44 L.T. 616; 29 W.R. 668.

(xxv.) Ch. Div. K. J.- Consolidation—Building Society-Special CovenantSecond Mortgagee.-Held that a building society whose rules contained a provision entitling them to consolidate members, mortgages, had a right to consolidate against a second mortgagee who had acted as solicitor to the mortgagor on his making the first mortgage to the society which contained an express convenant to observe the society's rules.Andrews v. City Building Society, 44 L.T. 641.

(xxvi.) Ch. Div. F. J.-Mortgagee in Possession-Power of Sale-Second Mortgagee.-A mortgage by H. to defendant contained a power of sale, which was not to be exercised except after default made for three months after notice to H. or his assigns to pay off, and a proviso that defendant or his agent should be at liberty to take the rents and thereout make reasonable payments. T., who had collected the rents for H., continued to collect them after the mortgage and paid defendant his interest. Plain. tiff took a second mortage of which defendant had notice: Held that defendant was a mortgagee in possession, and that he could not sell without first giving notice to plaintiff.-Hoole v. Smith, L.R. 17 Ch. D. 434; 29 W.R. 601.

(xxvii.) Ch. Div. V. C. B.-Priorities-Fictituous Deeds-Legal Estate.Property was conveyed to M. in trust for D. D. then prepared a fictitious lease of the property by which T. purported to demise it to M., and M. with D.'s connivance demised the property subject to this lease by way of mortgage to Q. Subsequently M. and D. procured a loan from S. on a deposit of the genuine title deeds: Held that S.'s mortage ranked in priority to Q.'s.-Keate v. Phillips, 44 L.T. 731; 29 W.R. 710.

(xxviii.) Ch. Div. M. R.-Right to Redeem-Partial Possession-Absence beyond Seas-3 & 4 Will. IV., c. 27, ss. 16, 28.--The rule that no lapse of time barred the right of mortgagor of lands to redeem the whole provided he held possession of part has been abolished by sec. 28 of 3 & 4 Will. IV., c. 27. Sec. 16 of that Act does not apply as between mortgagor and mortgagee.-Kinsman v. Rouse, L.R. 17 Ch. D. 104; 50 L.J. Ch. 486; 44 L.T. 597; 29 W.R. 627.

(xxix.) Ch. Div. K. J.-Sale by First Mortgagee-Second Mortgagee-Constructive Trust-Statute of Limitations.-On a sale by a mortgagee there is no express trust of the purchase-moneys received by him in favour of mortgagor. There is a constructive trust of the surplus only, and after the expiration of the statutory period the Court will not allow evidence to be gone into to show that there was a surplus for the purpose of raising such trust.-Banner v. Berridge, 44 L.T. 680.

Municipal Law :—

(x.) Q. B. Div.-Burial-Dead Bodies Cast on Shore-Tidal River48 Geo. III., c. 75, s. 1.-The direction in sec. 1 of 48 Geo. III., c. 75, to the overseers of parishes to bury dead bodies cast on shore from the sea does not extend to bodies cast on shore from a tidal river.-Woolwich Overseers v. Robertson, L.R. 6 Q.B.D. 654; 50 L.J. M.C. 87; 44 L.T. 747. (xi.) Q. B. Div.-Rate-Assessment Committee-Appeal to Quarter Sessions -27 & 28 Vict., c. 39, s 2.-Held that an Assessment Committee which had appeared as respondent at Special Sessions, under 27 & 28 Vict., c. 39, s. 2, was entitled to appeal to Quarter Sessions in the name of the Guardians against the decision at Special Sessions.-Regina v. Montgomeryshire Justices, 50 L.J. M.C. 52; Llanidloes Guardians v. Pryce Jones, 44 L.T. 310; 29 W.R. 806.

(xii.) C. A.-Rate-Successive Occupation-Liability-Bridge-Extinction of Tolls-32 & 33 Vict., c. 41, s. 16.-A bridge company which was assessed to the rates in P., transferred its property to the Metropolitan Board of Works under the provisions of an Act requiring the Board to keep the bridge open free of toll. At the time of transfer a rate to which the company was rated was not wholly discharged: Held that the Bridge company continued liable in respect of the rate, and that the Board was not liable.-Hare v. Putney Overseers, 50 L.J. M.C. 81; 29 W.R. 721. (xiii.) Q. B. Div.-Repair of Sewer-Statutory Duty-Negligence.-Defendants were under local Acts empowered to construct and repair sewers : Held that they were under a legal liability to use their powers so as to keep the sewers in proper order.-Fleming v. Manchester Corporation, 44 L.T. 517.

Negligence:

(iii.) Q. B. Div.—Job Master-Defect in Carriage-Warranty of Fitness.— A job master who lets out a carriage for hire is bound to supply one as fit for the purpose for which it is hired as care and skill can render it, and is liable for damage arising from a defect in it, though he might reasonably have been ignorant of the defect.-Hyman v. Nye, L.R. 6 Q.B.D. 685. Nuisance :

(i.) Ch. Div. K. J.-Liability for Acts of Public-Probable Consequence.— Where the occupier of lands so deals with them that the public are induced to use them in such a manner as to cause a nuisance, he will be responsible for such nuisance, though it arise without any license or invitation on his part.-Chibnall v. Paul, 29 W.R. 536.

Parent and Child:

(i.) Ch. Div. F. J.-Undue Influence - Purchase for Value-Notice.-A mortgage by persons over age but not fully emancipated to secure a debt of their father, the same solicitor acting for parent and children, was upheld in favour of the mortgagees, but declared not binding in favour of the father.-Bainbrigge v. Brown, 50 L.J. Ch. 522; 41 L.T. 705; 29 W.R. 782.

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(viii.) Ch. Div. V. C. H. -Request for Sale—Married Woman-39 & 40 Vict., c. 17, s. 6.—In a partition action when a married woman is plaintiff, her request for sale should be made by her counsel, instructed by a person authorised by her in that behalf.-Grange v. White, 29 W.R. 713.

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