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iv-INDEX.)

THE LAW TIMES.

(JUNE 7, 1879.

COUNTY COURT DECISIONS AND PROCEEDINGS.

Accountants acting as solicitors, 120

(Connor and Houston v. George Mills Cliffe ; Sewering, &c.-Apportionment of expenses-
Agreement to prosecute-Legal obligation to in- George Mills Cliffe v. Connor and Houston), 121 Arbitrator's award (The Tunbridge Wells
stitute prosecution - Whether agreement to Irregularities in the County Courts, 229

Local Board v. John Akroyd, Esq.), 102

prosecute void for want of consideration (War. Judgment given and reversed-Extraordinary pro- River bank, pulling down and weakening for pur-

dingly v. Burgess), 156

ceedings (Parks v. Austin), 12

poses of putting in foundations for building-

Appeal-A County Court judge's discretion in Landlord and tenant-Constructive distress by District subject to floods - Contractors and

giving leave to appeal (Wiley v. the Great landlord-What amounts to (Jennison v. landowners liable for damages (Horsfall t.

Western Railway), 66

Leach), 157

Wilson and others; West v. same), 48

Apprenticeship Indenture-Action for unpaid Possession of tenements summons-Quære, Railway company-Contract to carry passengers
premium (Spencer v. Abbot), 156

whether County Courts have jurisdiction in - Breach-Delay-Time tables Conditions
Assault - Justification - Damages (Cobbold v. cases above £20 annual rent or value when - Liability (Leyson v. The London and
Corris), 283

the leasehold title is in question ?-19 & 20 North-Western Railway Company), 317

Building society-Mortgage-Member-Redemp. Vict. c. 108, s. 50; 9 & 10 Vict. c. 95, s. 58; Carriage of animals-Negligence-Contribu-

tion-Rights of society-Agency, of solicitor 30 & 31 Vict. c. 142, s. 12 (Bloyd v. Hunt), 84 tory negligence-Feeding the animals (Slater

(Harrison v. The South Shields Provident Club-Liability of members of a club which had v. The London and North-Western Railway

Building Society), 84

ceased to exist, inter se (Borrodaile and others v. Company), 157

County Court Act 1875, sect. 6—Point of law- Denning), 120

Time tables-Delay-Breach of contract-

Failure to apply to the judge to take a note- Local board-Order to pave and flag street under Leave to appeal- Discretion (Wyley v. Great

Notes of evidence taken insufficient (Rhodes v. Improvement Act-Apportionment upon owner Western Railway Company), 263

Liverpool Commercial Investment Company, of property - Unauthorised alteration - Juris- Warehouse charges-Contract-Right of com-

Limited), 102, 119

diction (The Mayor, Aldermen, &c., of Leeds v. pany to charge (London and N. Western and

County Court jurisdiction - Injunction - Dis- John Smith), 360

Midland Railway Companies v. Ransom), 11
obedience-Contempt (Martin v. Bannister and Married woman-Goods supplied to a domestic Railway passenger-Assault by officials of com-

another), 228

servant for her own use (Davies v. Evans and pany-Liability (Ackroyd v. Midland Railway

Friendly society-Foresters' lodge, 453

Wife), 229

Company), 246

Husband and wife – Equity to a settlement Perjury and personal matters in the County Court Railway responsibility — A special agreement

(Barrowcliff v. Barrowcliff), 229

-New trial, 49

signed by a passenger relieves the company

Interpleader-Damages against execution creditor Pleading - Claim and Counter Claim matter from liability (M'Gedy v. The London and

-County Court Rules, Order XXI.-Practice arising after issue of summons can be pleaded South-Western Railway Company), 30
(Hanks v. Pope ; Ex parte The Tiverton Meat as a counter claim-Separate verdicts ought to Service of process-Charge against the bailiff
Purveying Company), 360

be entered on a claim and counter-claim (Buttin (Zeller v. William Sayers), 119
Interpleader issue, 453

v. Werderman and Werderman v. Buttin), 417 Statute of Limitations - Acknowledgment in
Irish County Courts-Equity fees, 191

Public Health Act 1875 – Private improvement writing—"Next after” (Brooke v. Somerset), 435
Injunction - Breach - Power of County Court expenses Municipal authority, and owners Torr's resignation, Mr., 453
judge to commit (Martin v. Bannister), 66

of property-"Notice of demand” (Local Witness-Člaim for expenses (Bithrey v. Spencer),
Invalid promissory note-Fraudulent bill of sale Board of West Derby v. Bell), 140

156

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Barristers' Benevolent Association, 362

Incorporated Law Society, 226

Norwich Law Students' Society, 395

Birmingham Incorporated Law Society, 246, 264, Incorporated Law Society of Liverpool, 103 Nottingham Law Students' Society, 8, 63, 99, 138,

454

Incorporated Leeds Law Society, 85

245, 261, 314, 359, 413, 419

Birmingham Law Students' Society, 45, 81, 116, Law Association, The, 30, 103, 179, 264, 417 Plymouth, Stonehouse, and Devonport Law Stu-

209, 260, 301, 344, 379, 413, 467

Law Clerks' Building Society, 435, 469

dents' Society, 45, 81, 99, 138, 244, 281, 345

Bolton Articled Clerks' Society, 28, 116, 155, 175, Law Students' Debating Society, 8, 25, 45, 62, 99, Sheffield District Law Students' Society, 81, 99,
260, 344, 379

138, 188, 209, 244, 261, 301, 359, 379, 413, 449, 244, 302, 345, 397, 414
Bolton Law Society, 30, 86

467

Shropshire Law Society, 285
Bolton Law Students' Society, 8

Leeds Law Students' Society, 8, 45, 81, 117, 176, Solicitors' Benevolent Association, 12, 50, 191,

Bradford Incorporated Law Society, 455

209, 244, 280, 314, 359, 395, 413, 431, 467

381, 454

Bradford Law Students' Society, 8, 45, 81, 116, Legal Practitioners' Society, The, 85, 140, 468 United Law Clerks' Society, 191, 246, 319, 345,

244, 280, 449

Liverpool Law Students' Association, 62, 117, 138, 435, 469.

Bristol Law Students' Debating Society, 8, 99, 117, 188, 244, 280, 344, 379, 413, 449

United Law Students Society, 8, 28, 45, 63, 81, 99,

227, 379, 413, 449

Manchester Incorporated Law Association, 319 117, 188, 210, 227, 244, 261, 302, 315, 345. 359,

Dewsbury, Wakefield, and District Law Students' Manchester Law Students' Debating Society, 62, 379, 395, 131, 450, 467

Society, 244

81, 117, 188, 209, 281, 344, 359, 413, 449

Wolverhampton Law Students' Society 281, 395,

Huddersfield Law Students' Society, 138, 175, 280, National Association for the Promotion of Social 360, 431

Science, 12

Worcester Legal Debating Club 363
dents' Society, 188, 209, 227, 260, 301, Newcastle-upon-Tyne Incorporated Law Society, Worcester and Worcestershire Law Society,
28, 247

247

Actions for differences-Gambling contracts and Easement of lateral support, the, 445

Pending bankruptcy, pleading a, 57

time bargains, 274

Estoppel by negligence in the

custody and transfer Pleading and discovery-What are “ material

Appeal and new trials, 238

of negotiable instruments, 372

facts,” 112

Attachment of debts-Solicitors' lien, 129
Executions and bankruptcy, 311

Pleadings, "inconsistency" as an objection to, 92

Bankruptcy, the right of appeal in, 443

Executor de son tort, concerning an, 75

Queen's Bench Division and the Ecclesiastical

Bankruptcy Act 1869, Sect. 23—Disclaimer of Extradition Act 1870, the, 111

Courts, the, 20

lease by trustee--Tenants' fixtures, 202
Felonious act, right of action for, 408, 425

Railway commissioners, the, 221

Bankruptcy adjudication, the effect of, 239 Fletcher v. Rylands, the application of the prin- Railway companies to shut carriage door, the

Bankruptcy Amendment Bill, the, 291, 327, ciple of, 184

duty of, 407

373, 443, 463

Foreign attachment as a security, 355

Receiving, 39

Bequests of personalty to “ heirs,” 426

Hackney carriages-Passengers' luggage, 93 Revival of debts barred by bankruptcy, 183
Bills of sale and bankruptcy, 149

Highway, the consequences of an obstruction of Statute, 272

Civil courts of the city, 166

the, 76

Revival of trust for sale in favour of a statute-

Codicil, the effect of a, 111

Highway, repair of, 132

barred mortgagor-Re Alison, 275

Commission, right of agent to, when employed by Infants' Relief Act 1874, the, 131, 293

Rivers,

the pollution of, 256

both parties to a contract, 4

Immunity of foreign men-of-war, 255

Royal Courts of Justice, the, 461

Concealment of material facts by promoters of Judges' Chambers, new rules at, 21

Rules of court, the new, 462

company, 94

Liability of executors of shareholders in banks, 1:48 Specialty debts and the statutes of limitation, 389

Contract of sale-Duty of purchaser to test alleged Licensing laws and the select committee of the Statutes of limitation be raised by demurrer?

representation, 391

House of Lords, 391

can the, 113

Costs on counter-claims, 372
Married women, payment of costs by, 3

Summary Jurisdiction Bill, the, 389, 460
Counter-claims, the nature and effect of, 147 Mercantile law, recent decisions affecting, 40 Trustee Relief Act, payment of policy money into
County Court injunctions, 220

Methods of setting aside the compromise of an court under the, 39, 57

County Court system, thé, 146, 203

action, 183

Trustees in unlimited banks, 444

County Courts Bill, the, 130, 310

Mortgage-Trusts for sale and the statute of Undertakings to specifically appropriate pay.

Probable results of the passing of the, 328 limitations, 371

ments, 204

Criminal procedure, Scotch and English, 292 Parish church, liability of parishioners to repair Unmarried-Withont having been married, 371

Criminal liability of newspaper proprietors, 164

the, 4

Unpaid vendors of land and railway companies,

Damages, measure of -No ascertainable market, 76 Parol evidence, the admissibility of, to rebut pre- 219

Discovery, some points in the law of, 165

sumption of satisfaction, 22

What is a bare trustee ? 273

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MISCELLANEOUS.

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Jackson, E. Hugh, 285

Roberts, C. T. K., 382

Jackson, H. Innes, 456

Roberts, F. R., 193

Janeway, W. H., 230

Robertson, E., 365

Johnson, Frederick, 178

Rollit, A., 105

Jones, C. A., 400

Senior, F. B., 419

Jones, H. J., 248

Shapland, A. E., 400

Jotcham, Llewellyn, 346

Shapland, A. F. T., 382

Kingsford, Cecil, 69

Shapland, Albert E., 193

Ladd, H., 365

Shelley, Arthur, 13

Lee, J. Harcourt, 285

Shirley, A. J., 365

Lear, Upperton, 193

Spalding, T. Å., 248

Lewis, Thomas, 266

Smyth, R. Phillott, 50

Lloyd, Herbert, 212

Starke, J. G., 69

Mace, W. Glover, 212

Stephen, Sir James F., K.C. S. I., 230

McKeever, J., 193

Stevens, Henry, 160

Marsham, R. H. B., 302

Stock, Daniel, 179

Mayne, J. T., 266

Stoney, P. B., 142

Michelmore, Henry, 178

Stringer, H., 400

Milnes, J. Jessop, 347

Sykes, James, 347

Monroe, John, Q.C., 160

Thompson, J. S. D., 13

Moody, Turnbull, and Graham, Messrs. Thompson, W., 87

105

Toy, William, 248

Moore, R. H., 192

Tweedy, H. J., 456

Newill, R. D., 33

Twiss, E. C., 33

Page, W. Tomlinson, 346

Turner, The Hon. C. H., 346

Paige, H., 105

Venning, J. Esdaile, 266

Palmer, C. W., 302

Vere, Charles, 69

Parrott, Joseph, 419

Ward, S., 69

Paul, R. M., 365

Watts, Francis, 437

Pavy, W. H., 123

Watts, William, 87

Peele, Richardson, 419

Whale, G., 193

Peters, C., Penhallow, 382

White, G. Graham, 240

Prentice, Samuel, Q.C., 419

Wheatley, J. L., 230
Radcliffe, R. C., 87

Whitehead, T, N., 69
Radford, W., 456

Wilding, W., 471
Rance, H. W. H., 160

Williams, Monier F., 123
Rance, H. W. H., 178

Wilks, Montague, 347

Rawle, F., 419

Willis, D. T., 179

Rawlins, H., 69

Wilmot, S. C., 193

Rawlinson, A. W., 178

Willoughby, W., 456

Rennie, R. T., 69

Wilson, c. Eustace, 321

Ricca, J. H. de, 230

Wilson, J. W., 13

Riley, H., Lindon, 179

Wood, J. P., 456

SOLICITORS' JOURNAL OF PLEADING, PRACTICE, AND LAW.

Appeal-Time-Decision of fact in the Chancery Order XIV., r. 1-Leave to defend – Bringing Judicature Act, Sched. rr. 21,23—Order Division (Krehl v. Burrell), 134

money into court-Equitable set-off (The Central VIII., rr. 3, 16 (Doyle v. Hort), 171 Appeal from Chambers, 150 African Trading Company v. Grove), 152

Statement of defence-Setting aside-Raising Notice of motion (Traherne v. Traherne), 135 Pleading, and its consequences, a slip in, 60

immaterial issue – Judicature Act, Sch. Assignment of chattels-Receipt-Bills of Sale Pleading – Demurrer Specific statement of r. 28–A defendant cannot put forward by

Act-Registration (Ex parte Cooper ; Re Baum), ground in law-Order XXVII., r. 2-App. way of defence matters which would merely 150

(C.), form 20-Setting aside demurrer. A go in reduction of damages (Lalouette v. Bankruptcy prosecutions-Costs of, 428

defendant, having obtained leave from the Robson), 153 Consent to sell property out of court-Sale by Court to defend and demur, delivered his Poor rate appeal-Sect. 19, Judicature Act 1873

solicitor of plaintiff in a cause (Molony v. statement of defence, and demurred to the (Overseers of Walsall v. The Queen, on the Molony), 136

statement of claim, on the ground that Prosecution of the London and North-Western Contract or tort—The County Courts Act-Costs the facts alleged therein do not show any Railway Company), 78

(Fleming v. The Manchester, Sheffield, and cause of action in the plaintiff against the Practice- Administration action-Parties having Lincolnshire Railway Company), 135

said defendant, and on other grounds suffi. liberty to attend-Costs (Durant v. Arnold), Copyright, paper on, 41

cient in law to sustain this demurrer."

241 Costs, 393

Upon the hearing of a motion, on behalf of Appeal—Extension of time (Burke v. Rooney), Farthing damages (Bowie v. Bell), 152

the plaintiff, to set aside this demurrer

429 Farthing damages Slander (Mitchell v.

as embarrassing, and filed contrary to the County Court Appeal (Davis v. Godlehere), Longbottom), 429

provisions of the General Orders, as not 393 Plea of tender and payment into court

specifying some ground in law for the de- Remitting action-Computation of time to Taking out in satisfaction (Goldsmith and

murrer. Held, that the demurrer was move-Sunday-C. L. P. Act, 1853, s. 232 others v. Evans and another), 313

bad, not having complied with the require. -33 & 34 Vict. c. 109, ss. 5, 6–Jud. Act, Counsels' fees—Refreshers (Harrison v. Wearing), ments of Order XXVII., r. 2, and should s. 60—Order LVII., r. 2. Sundays are not 377

be set aside (Dunville v. Alexander), 447

included in the time allowed for moving to County Court appeal-Pledge-Authority to re- Reply - Departure -- Inconsistent pleading- remit actions to the inferior courts under

deem-Agency-Lien of agent-Right of owner Setting aside, as raising a different ground the C. L. P. A. Act, 1870 (Middleton v. (Montgomery v. Bear and another), 411

of claim-Jud. Act, sched., r. 22; Order Egan), 153 Judges' Chambers, Regulations for the conduct of XVIII., r. 12; Order XXVI., r. 1. A Principal and agent Solicitor and clerkbusiness at, 25

plaintiff cannot by his reply put forward a Tender to clerk - Refusal — Authority to reLibel-The criminal liability of newspaper pro- different claim from that contained in the ceive, 358

prietors for libels when competent editors have statement of claim. He should amend his Solicitors' bill of costs-Frivolous appeal (Re G. J. been appointed (The Queen v. Holbrook), 151

statement of claim under Order XXVI., Simpson), 43 Licensing Act, 1874, s. 16–Admission of Con- r. 1. A plaintiff cannot plead a set-off to a Solicitors' costs (Re Leadbitter and Harvey), 43 stable to licensed premises, 452

counter-claim (Duckworth v. M'Clelland), Statute of Limitations-Raising by demurrer Matrimonial Causes Act 1878, 79

152

(Dawkins v. Penrhyn), 79 Mine managers and their authority, 451

Setting aside statement of claim-Prolixity- Vendors and Parchasers Act 1874-Sale of free. Mines regulations — Responsibility of certified Pleading evidence-Fraud, whether necés- hold-Non-delivery of abstract of title-Applimanager, 118

sary to allege expressly — Statement of cation by purchaser for return of deposit New rules, the, 429

claim, independent of writ of summons- money, with interest, costs, &c., 313

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