FRAUDULENT CONVEYANCE-continued.

GUARANTEE-Discharge of surety

73

See DISCHARGE OF SURETY.
Joint bond-Discharge of surety
See RELEASE OF JOINT DEBTOR.

81

135

135

HOTEL-Manager

met, the defendant sold the brandy. The firm
were afterwards adjudicated bankrupts, and the
trustee sued the defendant in trover for the value
of the brandy. The transaction was bonâ fide,
but the brandy formed in fact the whole property
of the firm-Held, that the transaction under
which the defendant obtained power to sell the
brandy was not a "fraudulent conveyance, gift,
delivery, or transfer," within the meaning of the
Bankruptcy Act, 1869, s. 6, subs. 2. PHILPS, HUSBAND AND WIFE-Order for payment by

v. HORNSTEDT

26

See INNKEEPER.
HOTEL COMPANY-Licence
See INNKEEPER.

wife

-

23
See ORDER FOR PAYMENT BY MARRIED
WOMAN,

INFERIOR COURT-New trial-Motion-Notice

1

GENERAL INTENT-Will-Estate to be enjoyed
by one Person" All and every other the Issue of
my Body'
"-" Other the Issue"-Words of Exclusion
See NEW TRIAL IN INFERIOR COURT. [71
or Completion-"For default of such Issue."] A
testator devised his hereditaments to his son for INFRINGEMENT OF COPYRIGHT-Appropria-
life, with remainder to F., his son's eldest son, for tion of Pictures-Book-Sheet of Letterpress-5 & 6
life, with remainder to the first and other sons of Vict. c. 45, 88. 2, 15.] The plaintiffs are pro-
F. successively in tail male; and for default of prietors of a weekly periodical called" Punch."
such issue to R., the second son of his son, for life, Between the years 1849 and 1867 they published
with remainder to the first and other sons of R. in nine several numbers nine cartoons, with de-
successively in tail male; and for default of such scriptive writing underneath them with reference to
issue, to the third, fourth, and other sons of his the Emperor Napoleon III. In 1871 the defend-
son thereafter to be born, successively in tail ant published a work called "The Man of his
male; and for default of such issue to his daughter Time," consisting, first, of the "Story of the Life
I. for life, with remainder to her first and other of Napoleon III., by James M. Haswell;" and,
sons in tail male; and for default of such issue, to secondly, of "The same Story as told by Popular
his granddaughter E., for life, with remainder to Caricaturists of the last Thirty Years.' Among
her first and other sons in tail male; and for the caricatures in part 2, were copies in a reduced
default of such issue, to his granddaughter I., for form, sometimes with and sometimes without the
life, with remainder to her first and other sons descriptive writing, of the nine cartoons above
successively in tail male; and for default of such mentioned. No consent from the plaintiffs to this
issue, to his granddaughter S., for life, with re-reproduction had been obtained. In an action by
mainder to her first and other sons successively in
tail male; and for default of such issue, to all and
every the fourth and fifth, and other daughter or
daughters of his son successively, and in remainder
one after another, and to the heirs male of their
bodies; and for default of such issue, "to the use
and behoof of all and every other the issue of my
body," and for default of such issue to his right
heirs. The will also contained a wish that the
estates should be retained in the hands of one
person and should not be dispersed, and a pro-
vision that any female who inherited should, with
her husband (if married) assume the testator's
name and arms under the penalty of forfeiting the
estates. A muniment box was directed to go to
the person entitled from time to time to the
estates-Held (affirming the judgment of the
Court below), that there was, by virtue of the
penultimate limitation, a vested remainder at the
death of the testator in tail general, to which his
son then became entitled.-This remainder des-
cended to F. who duly executed a disentailing
deed. He devised the estates to the defendant's
father, from whom it descended to the defendant.
In actions of ejectment (a) by persons claiming as
issue of the body of the testator as joint tenants per
capita, at the time the estates vested in posses-
sion, (b) by the heiress in tail general of the
testator at the same period, and (c) by the heir in
tail of the testator at his death, those being ex-
cluded who came within the particular limita-
tions:-Held (affirming the judgment of the
Court below), that the defendant was entitled to
judgment. ALLGOOD v. BLAKE. ROACH v. BLAKE.
REED v. BLAKE

160

them for infringement of their copyright in the
several books or "sheets of letterpress" containing
the cartoons:-Held, that a substantial part of the
plaintiff's books, or sheets of letterpress, had been
appropriated, and that they were entitled to re-
cover. BRADBURY v. HOTTEN
INNKEEPER-Hotel Company-Holder of Li-
cence.] The plaintiff having lost his goods at a
hotel, of which a company were proprietors,
sought to recover their value in an action against
the paid manager, in whose name the justices'
licence had been granted:--Held, that the com-
pany were the real " innkeepers;" and, therefore,
that the action was not maintainable. DIXON r.
BIRCH

-

-

INSTALMENTS, BOND FOR PAYMENT BY

See BOND.

INSURANCE, MARINE-Concealment

135

19

LICENCE Innkeeper

135

See INNKEEPER.

LIEN-Ship Charterparty -

Practice

-

--

See NEW TRIAL IN INFERIOR COURT.

NATURAL STREAM-Easement

See DIVERSION OF WATER.
NEGLIGENCE-Death of servant
See DEATH OF SERVANT.

Railway-Running powers

71

107

88

137

with

-

Ex. Ch. 283

See NEGLIGENCE OF SERVANT.
Railway company- Communication
guard

-

See EVIDENCE OF NEGLIGENCE,
101 NEGLIGENCE OF SERVANT-Railway Company
See CEASING OF LIABILITY ON CHARTER.Liability of one Company for Negligence of
LIFE-Value-Evidence

Another with Running Powers- Parliamentary
Agreement as to Traffic.] The N. Company had
statutory authority to run over a portion of the
defendants' line, paying a certain toll to the de-
fendants. The signals at the point of junction
between the two lines were under the control of
the defendants. Owing to the servants of the
N. Company negligently disobeying these signals,
a train of the N. Company ran into a train of the
defendants in which the plaintiff was, causing
him damage. There was no negligence on the
part of any of the defendants' servants. In an
action for injuries sustained, brought by the
plaintiff against the defendants :-Held, that he
was not entitled to recover.-Great Western Ry.
Co. v. Blake (7 H. & N.987); Thomas v. Rhymney
Ry. Co. (Law Rep. 5 Q. B. 226; Law Rep. 6 Q. B.
266), considered and distinguished. WRIGHT v.
THE MIDLAND RAILWAY COMPANY
NEW TRIAL-Inferior court-Motion-Notes 71
See NEW TRIAL IN INFERIOR COURT.
NEW TRIAL IN INFERIOR COURT-Practice-
137 Inferior Court-Motion for New Trial in Court of
Passage.] In cases tried before an inferior Court
a motion for a new trial, or on leave reserved,
cannot be made in this Court unless either coun-

[40, Ex. Ch. 197
See CONCEALMENT OF MATERIAL FACTS.
Ex. Ch, 154

Stay and trade

-

See STAY AND TRADE.

23

MARRIED WOMAN-Order for payment -
See ORDER FOR PAYMENT BY MARRIED
WOMAN.

MASTER AND SERVANT--Death of servant-

88

MEASURE OF DAMAGES-Breach of contract
[122, 305

See DAMAGES FOR BREACH OF CONTRACT.

1, 2.
Value of life

See EVIDENCE OF VALUE OF LIFE.
MEASUREMENT OF DISTANCE-"As the Crow
flies," or by nearest Mode of practicable Access-Cove-
nant not to carry on Trade within a given Distance.]
The defendant covenanted with the plaintiff not
to carry on the business of a publican within half
a mile of the plaintiff's premises. He afterwards
carried on business within half a mile if the dis-
tance were measured in a straight line, "as the
crow flies," but not within half a mile if the dis-
tance were measured by the nearest mode of
practicable access:-Held (affirming the judgment
of the Court below), that there had been a breach
of the covenant. MOUFLET v. COLE Ex. Ch. 32
METROPOLIS LOCAL MANAGEMENT ACT, 1856, ORDER FOR PAYMENT BY MARRIED WOMAN
8. 105
Ex. Ch. 174 Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 5—
See RECOVERY OF PAVING EXPENSES. Order for Payment-Married Woman.] An order
VOL. VIII.-Ex.
2 D

-

See DIVERSION OF WATER.

ORDER FOR PAYMENT-Married woman

107

23

See ORDER FOR PAYMENT BY MARRIED
WOMAN.

3

ORDER FOR PAYMENT BY MARRRIED WOMAN POLICY-Delivery-Concealment 40, Ex. Ch. 197
-continued.
See CONCEALMENT OF MATERIAL FACTS.
LAW-12 & 13 Vict. c. 103, s. 16-Valuable
security

under the Debtors Act, 1869, s. 5, may be made POOR
upon a married woman.-An order for payment
under s. 5 may be made without any proof of
means. DILLON . CUNNINGHAM

RECOVERY OF PAVING EXPENSES-Metropolis
186 Local Management Acts, 1856 & 1862 (18 & 19
Vict. c. 120, s. 105; 25 & 26 Vict. c. 102, s. 77)—

Ex. VOL. VIII.]

RECOVERY OF PAVING EXPENSES-continued. SALE, BILL OF-Description of grantor - 80
See AFFIDAVIT WITH BILL OF SALE.
Apportionment Payable by Future Owners-Charge
on Land.] The assessments for paving expenses
apportioned by the vestry or district board under SALE OF GOODS-Monthly deliveries-Damages

s. 77 of the Metropolis Local Management Act,
1862 (25 & 26 Vict. c. 102), are a charge upon the
premises in respect of which they are assessed;
and the amount may be recovered from the future
owners of such premises, although there has been
no arrangement to accept payment by instalments.
THE PLUMSTEAD BOARD OF WORKS v. INGOLDBY
[63, Ex. Ch. 174
290
REDUCTION OF AMOUNT OF PENSION

See PENSION.

REGULATION OF RAILWAYS ACT, 1868, s. 22

[Ex. Ch. 283

81

See EVIDENCE OF NEGLIGENCE.
RELEASE-Joint debtor

See RELEASE OF JOINT DEBTOR.
RELEASE OF JOINT DEBTOR-Joint and Several
Bond-Release of one of the Joint and Several
Debtors-Principal and Surety.] To an action on
a bond the defendant pleaded that it was the joint
and several bond of himself and J., and was exe-
cuted by him as surety only for J.; that afterwards
a composition deed was made between J. of one
part, and the plaintiff and another on behalf of
all the creditors of J. of the other part, whereby
J. conveyed to the parties of the second part all
his estate to be administered for the benefit of his
creditors "in like manner" as if J. had been ad-
judged bankrupt; and each of the creditors re-
leased J. from his debts "in like manner as if he
had obtained a discharge in bankruptcy;" and
that the plaintiff executed this deed without the
consent of the defendant. On demurrer :- Held
(by Kelly, C.B., and Bramwell, B., Pigott, B.,
81
dissenting), a good plea. CRAGOE v. JONES
RENT-Water-rate —Annual Value - Landlord
paying Rates.] By their local Act (16 Vict. e.
xxii.) s. 79, the plaintiffs were bound to supply
the houses within a certain district with water
"at the following rate per annum, that is to say,
where the rent of such dwelling-house" should
not amount to 71. per annum, at a rate not exceed-
ing 6 per cent. per annum on such rent, but not
exceeding 78. 2d. per annum; and so on in a
graduated scale.-The defendant was owner of
numerous small houses supplied with water by
the plaintiffs, in respect of which he paid, either
under statutory obligation or by voluntary agree-
ment, the poor-rate, water-rate, and district rate:
-Held (affirming the judgment of the Court
below), that "rent" in s. 79 was equivalent to
"annual value;" and that, in estimating the rents
on which the water-rate was payable, the de-
fendant was entitled to deduct the rates so paid
by him. THE SHEFFIELD WATERWORKS COMPANY
v. BENNETT
Ex. Ch. 196
RESCISSION OF CONTRACT-Conditions of sale
[Ex. Ch. 249

2.

See CONDITIONS OF SALE.
RIPARIAN OWNER-Diversion of water-
See DIVERSION OF WATER.

107

RUNNING POWERS-Railway-Negligence 137
See NEGLIGENCE OF SERVANT.

[305

See DAMAGES FOR BREACH OF CON-
TRACT. 2.

SEALING OF PATENT-Priority
See PRIORITY OF PATENT.
SERVANT-Death-Action by master
See DEATH OF SERVANT.
SERVICE OF WRIT-Foreign corporation
See FOREIGN CORPORATION.
SHEET OF LETTERPRESS-Copyright
See INFRINGEMENT OF COPYRIGHT.
SHIP-Charterparty-Ceasing of Liability 101
See CEASING OF LIABILITY ON CHARTER.
Insurance-Concealment 40, Ex. Ch. 197

See CONCEALMENT OF MATERIAL FACTS.
Ex. Ch. 154
Insurance-Stay and trade
See STAY AND TRADE.

SLIP OF POLICY-Concealment

-

40, Ex. Ch. 197

See CONCEALMENT OF MATERIAL FACTS.
SOLICITOR-Suspending from practice
See SUSPENSION FROM PRACTICE.
STATUTES :

1

294

8

Ex. Ch. 221

37

13 & 14 Vict. c. ix.
See PENSION.

290

14 & 15 Vict. c. 99, s. 13

69

See EVIDENCE OF CONVICTION,

-

-

-

·

208

23

-

See ORDER FOR PAYMENT BY MARRIED
WOMAN.

66

186 SURETY-Discharge of

See DISCHARGE OF SURETY.
Joint bond-Release

73

81

See RELEASE OF JOINT Debtor.
SUSPENSION FROM PRACTICE—Attorney.] An
attorney and solicitor having been suspended by
the Master of the Rolls from practising in the
Court of Chancery for ten years, this Court, on
affidavits verifying (1) copies of the petition and
order in Chancery and the affidavits filed there
on the hearing of the petition, and (2) a tran-
script of a shorthand-writer's notes of the judg-
ment, made a similar order, unless cause were
shewn before the fourth day of next term. RE
M-

"STAY AND TRADE" Insurance. Usage of
African Trade-Policy on Ship during " Stay and
Trade"-Mixed Policy.] The plaintiffs effected
a policy of insurance with the defendants upon a
ship at and from Liverpool to the west or south-
west coast of Africa, "during her stay and trade
there," and back to a port of call in the United
Kingdom, at 81. 88. per cent., returning a per
centage varying with the period of the risk, the
ship being held covered at 13s. 4d. per cent. per
month if more than twelve months out. -The ship
proceeded to the African coast, and, after being
loaded for the return voyage, remained at a port
there for some weeks for a purpose in no way con-
nected with trade. She was subsequently lost on
the voyage home.-At the trial of an action on
the policy, the judge ruled that, as the delay had
not been for a trade purpose, there had been a
deviation, and directed a verdict for the defen-
dants. On the argument of a bill of exceptions USAGE OF TRADE -
tendered to this ruling :-Held, a proper direction.
THE COMPANY OF AFRICAN MERCHANTS, LIMITED,
v. THE BRITISH AND FOREIGN MARINE INSURANCE
COMPANY, LIMITED

Ex. Ch. 154

Ex. Ch. 242

See CUSTOM OF STOCK EXCHANGE.
SUCCESSION DUTY Alienation Corporation
-16 & 17 Vict. c. 51, 88. 2, 15, 27.] In 1839 S. de-
vised land to T. for life, with remainder (subject
to limitations which failed) to W. in fee. During
T.'s lifetime W. sold his remainder in fee to the
defendants, a corporate society, and died. On the
death of T. in 1872, the defendants entered into
possession. W. was a cousin of the testatrix. On
an information filed by the Crown:-Held, that
the defendants must pay duty at the rate of 51.
per cent. on the principal value of the property
(s. 27).-Semble, where a succession is alienated
and falls into possession after the death of the
alienor, duty is payable under s. 15 of the Succes-
sion Duty Act, 1853, at the same rate as if no
alienation had been made, and the alienor had
survived the falling into possession. SOLICITOR
GENERAL V. LAW REVERSIONARY INTEREST SOCIETY
[233

SUCCESSION DUTY ACT, 1853, ss. 2, 15, 27 233
See SUCCESSION DUTY.
SUPERFLUOUS LAND - Land not immediately
available for the Purposes of the Railway, but bonâ
fide retained for such Purposes-Lands Clauses
Act, 1845 (8 Vict. c. 18), s. 127.] Land which is
taken by a railway company for the purposes of
their Act, and which is bonâ fide retained by them
with a reasonable expectation of using it for such
purposes, does not at the expiration of ten years
from the time fixed for the completion of the
works vest in the adjoining owner as superfluous
land under the Lands Clauses Act, 1845, s. 127,
merely because, from insufficiency of traffic, or
from want of funds, it is not immediately available
for such purposes, although it is in the meanwhile

T-

62

TITLE-Waiver of Objection 175, Ex. Ch. 249
See CONDITIONS OF SALE. 1, 2.
TROVER-Conversion-Evidence
See EVIDENCE OF CONVERSION.

-

126

Ex. Ch. 242

See CUSTOM OF STOCK EXCHANGE.
Stay and trade

-

-

See STAY AND TRADE.

Ex. Ch. 154