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Master and Servant :—

(iii.) C. A.—-Contract for ecclusivc Personal Service—ll{aliciously I‘r0cur-tug Breach of.—An action lies for maliciously procuring a breach of a contract to give exclusive personal service for a time certain, if damage accrues; though the employer and employed do not stand in the strict relation of master and servant.—Bou1en v. Hall, L.R. 6 Q.B.D. 333; 44 L.T. 75; 29 W.R. 367.

(iv.) C. P. Div.—-Negligence—Scope of Authority.—Defendants occupied oflices in a house over plaintiff's premises, and a clerk of defendants’ went into a private room of one of the firm after his employer had left for the day, and washed his hands in a lavatory there, and left the water tap running, whereby plaiutiif’s premises were injured. The clerk had no business to enter the room: Held that defendants were not liable.Stevens v. Woodward, L.R. 6 Q.B.D. 318; 50 L.J. C.P. 231; 44 L.T. 153; 29 W.R.. 506.

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(v.) C. A.—Fixtm'cs—Right of Landowner—High Peak Custom-s.—Miners under the customs of the High Peak in Derbyshire, are entitled to remove, during the continuance of their mining rights, buildings which

they have erected for mining purposes on the surface of the land.— Wake v. Hall, 44 L.T. 42.

(vi.) Ch. Div. V. C- B.—Forest of Dean—-Fooy"eiture of Gale—1 §F 2 Vict., 0. 43, s. 29.—Wheu a gale is forfeited for nou.user under the provisions of the Forest of Dean Acts, the forfeiture is complete on service of the

notice of forfeiture without actual re-entry by the Crown.—Ea: parts Young &‘ Grindell, 50 L.J. Ch. 221; 43 L.T. 725.

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(xvii.) C. A.-—Foreclosure Absolute—3 &‘ 4 Will. IV., c. 27; 1 Vict., c. 28.—An action was brought by a legal mortgagee, within twenty years next after an order of foreclosure absolute, to recover possession of the land : Held not to be barred by the Statutes of Limitations, though more than twenty years had elapsed since the legal estate in the land had been conveyed to the mortgagee and since the last payment of principal or interest under the mortgage.—Heath v. Pugh, L.R. 6 Q.B.D. 845.

(xviii.) Ch. Div. V. C. B.— Breach of Trust—Notice.——Three of four next of kin of an intestate signed a memorandum authorising the fourth next of kin, F., who was also administrator, to borrow upon the security of certain leaseholds belonging to the intestate's e'state, such money as F. required for the purposes of the estate, and to charge their shares with the interest. This power was never exercised, and three years afterwards the admiuistration accounts were fiually settled. Subsequently F. borrowed money on the leaseholds for his own purposes, the mort. gage professing to be executed in pursuance of the authority. No notice of this was given to the other next of kin : Held that this mortgage did not affect the shares of the other next of kin, and that they were entitled to an assignment from the mortgagee of their shares of the mortgaged

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(xix.) C. A.—-Consolidation.-Two partners who held a lease of a house determinable on their bankruptcy by re-entry, mortgaged it. They afterwards took a third person into partnership and agreed to hold the

equity of redemption in trust for the partnership. The new firm mortgaged another house to the same mortgagee. On the bankruptcy of the firm the lessor determined the lease of the first house and re-entered : Held that the mortgagee had no right t0c0ns0lidate.—E'.c parle Williams, Re Ragyett, L.R. 16 Ch. D. 117; 50 LJ. Ch. 187; 4-4 L.T. 4-; 29 W.R. 314.

(XX-) P. C.—Inlerest——llIislake—Settled Account 1'e-0pened.—Wherea mortgagee’s account has been settled on the footing of compound interest with half-yearly rests, under a mistake by both parties, the account was ordered to be re-opened.—-Daniell v. Sinclair, L.R. 6 App. 181.

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(xxii.) Ch. Div. V. C. M-—Morfgagee in P0:;sesskm—Rent emceerling Interest -—A ccounts.—A mortgagee in possession brought a foreclosure action, and in his statement of claim did not allege that interest was in arrear when he took possession. The mortgagor alleged in bis defence that the rent received greatly exceeded the interest: Held that the accounts must be taken with annual rests.—Carler v. James, 29 W.R. 437.

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(ix.), Q B, Div_—Municipa.l Corporation—Malicious Prosecution—Costs of C<mstable—-5 5’ 6 Will. IV., c. 76, s. 82.—The chief constable of a borough having, by direction of the borough magistrates, laid an information against a person for conspiracy, an action for malicious prosecution was brought against him and a verdict recovered for £200 : Held that the town council could not order payment of the constable’s costs out of the borough fund or rate under sec. 82 of 5 & 6 Will. IV., 0. 76.—-Regina v. Mayor of Eweter, L.R. 6Q.B.D. 135; 44 L.T. 101; 29 W.R. 441.

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(i.) C. P. Div,-—Inju1-y-—Defectiz‘e Railings.—A boy of four years accompanied his sister who went on business to defendant's house. The railings of the steps leading to the house door were defective, and the boy in consequence fell through the railings and was injured : Held that an action would not lie against defendant, as there was no concealed danger.—-Bu/rchell v. H1'ckisso1t, 50 LJ. (J.P. 101.

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(vi.) Ch, Div, V. C. M.—Request for Sals—Married Wo'man—Com'e'rsiow—39 §’ 40 Vict., c. 17, s. 6.— In a partition action an order for sale of a married woman's share of real estate, when made with her consent or at her request under sec. 6 of Partition Act, 1876, operates as a conversion of her share into personalty. Such request should be made by a person specially authorised to act on her behalf in the action. When her share of the proceeds of sale is under £200, the Court will order it to be paid out to her upon her separate receipt and on affidavit

of no settlement, dispensing with her separate examination.—ll'a1lace v. Greenwood, L.R. 16 Ch. D. 862; 50 LJ. Ch. 289; 43L.T. 720.

(vii.) Ch, Div. M. R,——Sale—Absent Parlies—39 §’ 40 Vict., c. 17, s. 3.— Where, in a partition action asking for sale, all the parties interested are not before the Court, the judgment order should not be prefaced with an opinion of the Court that asale is more beneficial for the persons interested than a partiti0n.—Pragnell v. Batten, L.R.. 16 Ch. D. 360 ; 50 L.J. Ch. 272; 43 L.T. 749; 29 W.R. 495.

Partnership =—

(vi.) H. L.—-Articlea—C'ovenant not to Assign—Assigmnent by one Partner to Another-.—Articles of partnership between A., B., and 0., contained a clause that it should not be lawful for a partner to assign his share to any person or persons, and any such assignment was declared to have no effect as regarded the partnership. A. ngreed to sell to B. his share in the partnership, but A.’s name was retained in the books, and C. knew nothing of the assignment till after A.’s death, when he sought to have it set aside : Held that the agreement was legal and did not infringe the articles of partnership.——(,'assels v. Stewart, L.R. 6 App. 64.

Patent :—

(iii.) C. A.—N0velty—Infringement—Manu,/acture Abroad.—Tc prove want of novelty in a patented process the prior publication must be that of such precise information as is required in a specification. The sale in England of an article made abroad by a process patented in England is an infringement of the patent.—Von Heyden v. Neusfadt, 50 L.J. Ch. 126.

(iv.) P. C.—Renewal——E.2:pired foreign Patent—Patentee's Accounts.-An English patent may be renewed though a foreign one has been taken out and allowed to expire. A patentee applying for the prolongation of a patent should furnish a full and satisfactory account of all receipts and payments.—-Re Adzu'r's Patent, L.R. 6 App. 176.

(v.) P, C,—Renewal——Limitation of Application.-—Prolongation of letters patent for improvements in breaks granted, the new patent being limited to the application of breaks to certain specified machines.—lte Napier's Patent, L.R. 6 App. 174.

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(vii.) Q, B, Div.—Rate-—Refreshment Room— /1ppsal— Em'dence.— Upon appeal to sessions against a rate in respect of premises occupied as a refreshment room at a railway station, and held at an annual rent under a lease, the appellant may give evidence of his actual receipts and ex. pcnditure to show that the value of the premises is less than the rent paid.——CLa/rk v. Aide:-bury Assessment (,'om,nu'ttse, L.R. 6 Q.B.D. 139; 50 L.J. 11.0.33; 29 W.R. 334.

(viii.) B. Div.—-Settlement—Residence in Charitable Instituti0n—9 ‘Y 10 Vict., c. 66, .1. 1; 39 §’ 40 Vict., c. 61, s. 84.—A pauper lunatic resided for more than three years at a home for penitents in appellant's union, where she was maintained by the funds of the institution. The home was supported by voluntary charitable donations: Held that the pauper had acquired a settlement in appellant's nnion.—Fulham Gua/rdians v. Isle of Thanet Guardians, -it L.T. 188; 29 W.R. 470.

Power of Appointment :

(iv.) Ch. Div. V. C. H.—General Gift—Charge of Debts.—-A fund was settled on trust for A. for life, and after her death as she should appoint, with a gift over in default of appointment. A., by her will, gave all her real and personal estate to M. and L., in certain proportions, appointed an executrix, and charged her “ said property ” with payment of debts. L. died before A., who died possessed of no other property than the fund subjeotto her power of appointment: Held that the fund ought to be treated as her general personal estate.——Hinsley v. Icker-ingi ll, 29 W.R. 600.

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C. A.—Appea.l—C‘a.se Stated by Quarter Sessions—Judicatwre Act, 1873, s. 45.—-When the Q. B. Div. in the exercise of its original common law jurisdiction, aflirms or quashes an order of sessions, an appeal lies to the Court of Appeal, although no leave to appeal he given.—-Regina v. Savin, L.R. 6 Q.B.D. 309.

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C, A,—Appeal—Jloti0n to Set Aside Juclgmenl—-Misdirection—Refu.sal to Withdmw from Jury.—-When on a trial before a jury, the judge refused the defendant's application to withdraw the case from the jury on the ground that there was no evidence, and judgment was given for plaintiif: Held that a motion to set aside the judgment should be made to the Divisional Court, and not to the Court of Appeal.—Clm-ke v. Midland Rail. Co., 44- L.T. 131.

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seeks to have an order varied on a point in which the appellant has no interest, cannot proceed by notice under 0rd. 58, r. 6; but must give notice of appeal.—Re Cavander's Trusts, L.R. 16 Ch. D. 270; 50 L.J. Ch. 292; 29 W.R. 4-O5.

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behalf of himself and all other foreign holders of Peruvian bonds, on a motion to appoint a receiver, L., who was not a party to the action, appeared, but the judge refused to hear him: Held that it was not competent for L. to appeal.—lVats0n v. Gave, 44 L.T. 40; 29 W.R. 433.

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an order made in a winding-up directing money to be paid to the liquidator, was given after the expiration of the time for appealing, when the principle on which the order appealed from was founded had been overruled in another case in the Court of Appeal.—-Re Nornumton Iron and Steel Co., 50 L.J. Ch. 223; 29 W.R. 300.

C. A.—-Appeal—-Withdrawal 0f——Rerocation.—Defendant having given notice of appeal, his solicitor wrote to plaintiff proposing to withdraw the appeal. Plaintiff gave his consent to this, and two days afterwards defendant's solicitor wrote revoking the withdrawal : Held that the agreement to withdraw the appeal was binding on defendant, and that if he wished to appeal he ought to apply for leave to give fresh notice of appeal.—Watson v. Cave (2), 44 L.T. 117.

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It is improper to appeal direct to the House of Lords from a decree nisi for dissolution of marriage; and such an appeal will therefore not operate as a stay of pr0ceedings.—Rubertson v. Robertson, 44 L.T. 253.

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(cxii.) C. .A..—C01tternpt—-Advertising penclente lite—Champerty.—-To advertise for documentary evidence pendente lite is not a contempt of Court; and advertisements addressed to persons having a common trade interest in a subject-matter under litigation, soliciting subscriptions to prosecute the litigation, are not illegal.-—The Plating U0. v. Farquharson, 29 W.R. 510. ' '

(cxiii.) C.A.—Costs—Aban¢l0ned Appeal.—C. gave notice of appeal on December 20th but did not set it down. On January 11th he withdrew his notice, and the next day respondent wrote to C. saying that he had delivered briefs, and that unless 0. would undertake to pay respondent’s costs of the appeal, the usual proceedings would be taken to enforce payment. C. did not answer this letter. An order was made on respondent's motion that the appeal should be dismissed, and that C. should pay the costs of the appeal and of that application.-Charlton v. Charlton, L.R. 16 Ch. D. 273; 29 W.R. 406.

(cxiv.) Ch. Div. M. R.—Cosls—Admim‘stration Action—Defaulting Executor. —When two executors are defendants in an administration action, and retain the same solicitor, if one of the executors is indebted to the estate, the other executor will be allowed only his own costs out of the

one set allowed, and the taxing-master will be left to appropriate them. —Smith v. Dale, 29 W.R. 330.

(cxv.) Ch. Div_V_ C, B,—Costs—A¢lminislration—Dispu.ted .4ccounts.—The residuary legatee having objected to certain items in accounts of the personal estate furnished by the executors, and they not allowing her objections, she brought an action to have the accounts taken under the direction of the Court. Her objections were sustained, and the executors were ordered to pay the costs oi’ the action.—Pecrce v. Redclufie, -M L.T. 96; 29 W.R. 420.

(exvi-) Ex. Div.—-Costs—-Case stated by Quarter Sessions—Costs to follow Event—Ta:vatirm.—A case stated and signed by a chairman of quarter sessions, after stating the question submitted tothe Q. B. Div. contained the clause, " costs to follow the event." The Q. B. Div. quashed the order of quarter sessions and decided in favour of plaintiff, but said nothing as to costs: Held that plaintiff was entitled to the costs incurred in the argument of the case, and also costs of applications to quarter sessions, pending the decision of the Q. B. Div.; and that the taxation of the costs was not a condition precedent to his right to bring an action to recover them.—~Lear v. Iiofting, 41 L.T. 58.

(cxvii.) Q,.B. Div.—Co.vts— Case stateclby Quarter Sassions— Civil ProceedingsOrd. 62, r.2.—-When a case is stated by sessions upon appeal against a poor-rate, the proceeding is a civil proceeding on the Crown side of the Q. B. Div. within 0rd. 62, r. 2, and the costs are therefore within the discretion of the Court.—CIm-ke v. Alder-bury Assessment Committee, L.R. 6. Q.B.D. 139; 50 L.J. M.C. 33; 29 W.R. 334-.

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(cxix.) P. D. A. Di.V.—C'0sls—Divorce—Qu.ee'n’s P-roctor.—Wheu a decree nisi is pronounced, and upon the intervention of the Qneen’s Proctor, the decree absolute is abandoned and also the suit, and there is no answer by the petitioner to the Queen's Proct0r's plea, or payment of the costs of

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