INDEX.

ACCORD AND SATISFACTION. See Payment, 2.

ACCOUNT-Mode of taking, as against mortgagees and consignees of

West India estates. Faulkner v. Daniel

ACCUMULATION. See Will, 1.

265

ACTION, CAUSE OF. See Conspiracy.

Dividends · Accumulation. See

ANNUITY-1. Gift of - Stock
Will, 1.

540

2. Setting aside security-Failure of consideration-Recovery
of purchase-money-Statute of Limitations. Huggins v. Coates
ARBITRATION—1. Arbitration clause in deed-Ouster of juris-
diction of Court-Arbitration Act, 1889, s. 4. Earl of Mexborough v.
Bower

34
2. Award-Misconduct of arbitrator-Interviews with one party
in absence of the other-Misconduct of party applying for relief—
Estoppel. Harvey v. Shelton

116
ARREST-1. Privilege-Solicitor on his way to Court to attend to
professional business. Att.-Gen. v. Leathersellers' Co. .

44

BANKER-Account-General account between banker and customer
-Unliquidated claim by customer-Liquidated claim by Bank for
money received by customer as agent for Bank-Set-off. Gordon v. Pym

And see Company.

274

BANKRUPTCY-1. Act of bankruptcy Notice of Execution
creditor-Constructive notice-Letter delivered at office of execution
creditor's solicitor. Bird v. Bass

-

. 731

2. Property of bankrupt-Trust fund-Gift over on alienation or
bankruptcy Funds given to trustees for maintenance of bankrupt and
his family-Discretion of trustees-Right of assignees to income not
necessary for support of wife and children. Kearsley v. Woodcock 255

BILL OF SALE. See Injunction, 2.

BOND-Consideration-Cohabitation-Immoral consideration-Deed
sealed and delivered but retained in hands of obligor's solicitor. Hall
v. Palmer

399

-

-

CHARITY AND CHARITABLE TRUST 1. Breach of trust
Municipal corporation Trust monies retained by town clerk
Liability of corporation and town clerk-Parties to suit. Att.-Gen. v.
Corporation of Leicester

49

Application of income Irish Society -
City Livery Companies

-

Trustees for public purposes
revenues. Skinners' Co. v. Irish Society.

Surplus

. 167
3. Legacy Disclaimer Gift to Societies for definite
charitable objects—Discretion of trustees-Scheme. Reeve v. Att.-Gen.

4.

-

260

. . 284

Religious Societies-Discretion of trustees-Restriction
to religious purposes-Cy-près. Townsend v. Carus

2. Suit by one member on behalf of others-Parties-Production
of documents. See Discovery, 1.

COMPANY-Banking Company-Action by Bank against public
officer of another Bank-Parties-Some parties to record members of
both Companies. Bosanquet v. Woodford

. 304

CONFLICT OF LAWS-1. Foreign judgment-Judgment of colonial
Court-Invalidity of judgment-Irregularity in proceedings-Cross bill
-Intention to appeal to Privy Council-Injunction-Res judicata.
Henderson v. Henderson

213
Declaration in debt on judgment-Jurisdiction of Court
over parties need not be pleaded. Robertson v. Struth

2.

684

CONSIDERATION-1. Failure of. See Annuity, 2.

2. Immoral. See Bond.

CONSPIRACY-Action, Cause of-Hissing actor off stage-Malice-
Pleading-Direction to jury. Gregory v. Duke of Brunswick

CONTEMPT OF COURT-1. Jurisdiction of Court-Publication of
notices or advertisements tending to prejudice of parties to cause-
Jurisdiction to commit for contempt and to dissolve injunction
granted to plaintiff. Matthews v. Smith

322

2. Attachment-Privilege-Solicitor. See Solicitor, 5.
CONTRACT-1. Rescission of contract-Sale of reversionary interest
in fund-Common mistake-Death of one remainderman before sale-
Death unknown to parties. Colyer v. Clay ..
. 38

2. Restraint of trade-Solicitor-Covenant in articles-Covenant
not to act for any of master's clients-Penalty-Injunction. Nicholls
V. Stretton

3. Misrepresentation-Fraud-Knowledge of parties. See Fraud
and Misrepresentation, 1.

CONVERSION-Residuary gift-Life interest-Right of tenant for
life to enjoy property in specie - Rule in Howe v. Earl of Dartmouth.
Hinves v. Hinves

446

And see Partnership, 6.

COPYHOLD-1. Custom-Mines and minerals-Coal mine-Prescrip-
tion Custom to work mines without compensation for damage to
adjoining property, bad. Hilton v. Earl Granville

604
2. Manor-Escheat-Mortgage-Right of lord to redeem. Viscount
Downe v. Morris
347
3. Death of tenant-Creditor's suit-Receiver-Proclamation for

new tenant Seizure of lands quousque-Terre-tenant-Ejectment-
Injunction. Evelyn v. Lewis

381

CORONER-Inquest Jurisdiction - Person found drowned within
concurrent jurisdiction of city coroner and Admiralty-View of body
at place beyond city limits-Inquisition quashed. R. v. Hinde

687

CORPORATION (MUNICIPAL)-1. Office, Election to-Mayor-
Qualification-Notice of election-Acceptance of office-Quo warranto.
R. v. Preece.

2.

457

Port-Layer keeper-Appointment by manorial Court-
Custom-Discontinuance of office by corporation-Suspension of layer
keeper's services-Tolls-Right to receive tolls not affected by suspen-
sion-Money had and received. Hall v. Mayor of Swansea.

3. Order of town council-Quashing order-Certiorari
-Attachment. R. v. Dunn

564

Costs

693

COSTS-1. Taxation of costs-Payment under protest-Insistence on
payment before handing over deed necessary to client. In re Tryon 132
Special direction to Master-Possible failure of solicitor
to establish charges by reason of death of clerk and absence of books
and papers. In re Watts.
129

2.

3. Corporation-Certiorari-Costs. See Corporation (Municipal), 3.
4. Highway-Repair- Indictment - Costs of prosecution.

Highway, 4.

See

CUSTOM-Coal mine-Custom to work mines without compensation
for damage to adjoining property, bad. Hilton v. Earl Granville

CY PRES. See Charity and Charitable Trust, 4; Will, 5.

604

-

2. Sealing and delivery-Deed retained in hands of grantor's
solicitors. Hall v. Palmer

399

DEFAMATION-1. Libel Trader - Disparagement of goods -
Absence of special damage. Evans v. Harlow

596

2. Charge of indecent assault and drunkenness-Clergyman-
Part of libel containing imputations for which common law action
maintainable-Prohibition-Concurrent jurisdiction.
Evans v. Gwyn
665

3. Slander-Criminal information-Justice-Imputation of mal-
versation in office--Words not spoken when justice acting as such nor
tending to breach of peace. Ex parte Duke of Marlborough.

691

DISCOVERY 1. Production of documents Club-Suit by one
member on behalf of others-Discovery resisted on ground of interest
of other members in documents. Richardson v. Hastings

2.

99

Plaintiff may not use documents for any collateral
purpose. Richardson v. Hastings

. 99
3. Documents admitted to be in plaintiff's possession and
alleged as proving his case-Plaintiff formerly not bound to produce
before defendant's answer. Bate v. Bate

4.

. 143

Privilege-Discovery resisted on ground that docu-
ments prepared since dispute arose and in contemplation of litigation
-Tenants in common-Partition. Maden v. Veevers
. 127
Letters written by defendant to unprofessional
agent abroad-Confidential letters relating to defendant's defence.
Kerr v. Gillespie

5.

6.

. 165

Legal documents passing between defendant and
his solicitor before commencement of proceedings. Lord Walsingham v.
Goodricke

226

425

7. Title deeds-Rights limited to deeds necessary to establish
claimants' title in litigation in which claim made. Bennett v. Glossop
8. Mortgage-Production of title deeds. See Mortgage, 4.
DOWER. See Husband and Wife, 1.

EASEMENTS AND PROFITS Right to dig clay Custom
Prescription-Pleading-Trespass-Damages. Clayton v. Corby

-

. 527

ECCLESIASTICAL LAW-1. Parish clerk-Removal from office-
Misconduct-Mandamus-Insufficiency of return to. R. v. Smith . 590
2. Prohibition - Concurrent jurisdiction - Clergyman-Libel-
Charge of indecent assault and drunkenness-Part of libel containing
imputations for which common law action maintainable. Evans v. Gwyn
665

3.
Citation-Jurisdiction-Refusal to concur in rate for
repair of parish church-Appearance under protest. Francis v. Steward

ELEGIT Judgment creditor-Priority. See Mortgage, 1.

ESCHEAT. See Copyhold, 2.

698

ESTATE-Joint tenancy-Money to be secured for benefit of married
woman and her children "so that the same shall not come to the hands
of her husband." Bustard v. Saunders

-

23

ESTOPPEL-By record- Judgment Evidence - Payment-Money
recovered back. Pritchard v. Hitchcock.

EVIDENCE 1. Documentary Accounts Ancient corporation
documents-Accounts audited and signed from certain time. Mayor of
Exeter v. Warren

2.

Costs.

3.

625

Affidavit, Defect in-Amendment-Second application-
R. v. G. W. Ry. Co.

. 580

Cheques-Advances by testator-Evidence of amount
and nature of advances-Cheques drawn by testator-Admission of
debt in bankruptcy proceedings. Courtenay v. Williams

EVIDENCE-5. Documentary Order of justice-Highway-Nuisance
-Obstruction of highway-Action of trespass against magistrate-
Evidence not admissible in contradiction of order. Mould v. Williams
558

6.

-

--

Pedigree Written pedigree- Ancient document -
Custody-Reputation-Declaration of deceased member of family-
Relationship of persons personally known to compiler. Davies v. Lowndes

7.

783

Unstamped document-Bill of exchange-Admissibility
Smart v. Nokes.

for collateral purpose.

. 885
8. Admission-Action by trustee-Statement by cestui que
trust-Evidence against trustee-Statement admissible only if action
brought for benefit of cestui que trust. May v. Taylor

778

EXECUTOR AND ADMINISTRATOR-1. Administration-Assets
-Legacies, Payment of Failure to realise primary fund-Direction for
sale of realty-Decree without prejudice to subsequent claims on
primary fund. Rowley v. Adams

2.

149

Payment of debts-Devise of lands-Lands devised
liable to debts where not charged-3 & 4 Will. IV. c. 104. Viscount
Downe v. Morris.

3.

347
Assets-Specialty creditors-Settlement by heir on his
marriage Settlement supported against specialty creditors. Richard-
son v. Horton

4.

28

Legacy-Investment-Direction to invest on mortgage
-Appropriation of one of testator's mortgages to answer legacy-Duty
to ascertain sufficiency of security. Ames v. Parkinson

5.

100

Account-Residue-Payment of shares to adult residuary
legatee-Proceedings by infants against executors and adult residuary
legatee-Accounts correct-Direction to pay costs out of infants' shares
only. Mackenzie v. Taylor.

6.

121

Legacy-Set-off-Debt due from legatee to testator-
Statute-barred debt-Retainer-Evidence. Courtenay v. Williams. 403
Liability Devastavit - Employment of auctioneer
Deposit - Loss through auctioneer's insolvency Agency-Laches.
Edmonds v. Peake

7.

8.

-

80

Residuary estate-Improper investment-Payment
into Court-Extension of time for realisation of security. Score v. Ford 95
Directions to convert and invest property-Tenant
for life allowed to enjoy property in specie-Death of tenant for life-
Account-Delay-Interest. Mackenzie v. Taylor.

FERRY-Tolls-Statutory substitution of bridge-Evasion of tolls-
Penalty-Injunction-Corporation. Cory v. Yarmouth and Norwich Ry. Co.

FOREIGN JUDGMENT. See Conflict of Laws.

435

FRAUD AND MISREPRESENTATION—1. Contract Misrepre-
sentation-Reliance on representation-Knowledge of parties as to
subject-matter of contract. Clapham v. Shillito.

Adverse possession of land - Possession
under conveyance and will executed by person of unsound mind-
Real Property Limitation Act, 1833, s. 26. Lewis v. Thomas.

3. False misrepresentation-Deceit-Misleading sheriff as to
person to be arrested-Belief in representation-Damages recovered
against sheriff. Evans v. Collins
647