572 NEGLIGENCE-Arbitrator
See ARBITRATOR.
Evidence-Public carriage

NUISANCE-Insecure coal-plate

See COAL-PLATE IN HIGHWAY.

401 PAWNBROKER-continued.

OBSTRUCTION OF HIGHWAY-Compensation
Ex. Ch. 191
See COMPENSATION UNDER LANDS CLAUSES

Аст.

OFFICE COPY OF AFFIDAVITS-Practice-
Motions.] The Court will in no case dispense
with the practice which requires a party shewing
cause against a rule to take office copies of the
affidavits upon which it is moved. IN RE CHAF

FERS

OFFICIAL ASSIGNEE Surplus estate
See GARNISHEE ORDER.

OPEN POLICY-Declaration

See INSURABLE INTEREST. 1.

PARLIAMENTARY ELECTION

-

376

24

18

241, 245, 256,
[259, 265, 269, 281, 306

See VOTE FOR PARLIAMENT.
PARLIAMENT-Vote for

241, 245, 256, 259,
[265, 269, 281, 306

See VOTE FOR PARLIAMENT.

PAROL EVIDENCE-Custom

482
See EVIDENCE TO VARY WRITTEN CON-

TRACT.

PARTIAL LOSS-Depreciation in value
See DAMAGE BY SEA-WATER.

552

had, in accordance with the section, procured from
the pawnbroker a copy of the original ticket and
a form of declaration, proceeded with the same
before a magistrate, and having proved his title
before him, straightway returned to the pawn-
broker, and shewed him the declaration which he
immediately, but might redeem them at any time
had made, he was not bound to redeem the goods
at which he might have redeemed them if he still
held the original ticket, and that the pawnbroker
the goods to a person producing the original
was not justified in the meanwhile in delivering

ticket. BURSLEM v. ATTENBOROUGH
PAWNBROKERS ACT, ss. 15, 16
See PAWNBROKER.

PAWN TICKET-Loss of ticket
See PAWNBROKER.

PENALTY-Agreement for the Sale of a Public-
house-Penalty or Liquidated Damages-Pleading.]
An agreement for the sale of the trade-fixtures,
&c., of a public-house by W. to L. at a fair valua-
tion, contained the following stipulations,-that,
in addition to the amount of the valuation, L.
agreed to pay W. 501. goodwill; that L. was to be
allowed to take, in the event of him leaving, the
said sum of 501.; that L. should pay to W. 1007.
for painting, &c.; that the rent was to be 751.
yearly; that six months' notice to quit should be
given by either party; and that, "by way of
making this agreement binding, each of the
above contracting parties have deposited in the
hands of H. the sum of 401. each; and either
party failing to complete this agreement shall
forfeit to the other his deposit-money as and for
liquidated damages."-In an action by L. against
W. for refusing to sell pursuant to the agreement,
"whereby the plaintiff had lost the advantage
which would have accrued to him from the per-
formance of the agreement by the defendant, and
had lost the use of the money paid by him as such
deposit as aforesaid:"-Held, that the plaintiff's
See EVIDENCE OF PAYMENT.
remedy for the breach was confined to the recovery
of the 401. deposited with H.-Plea, that the plain-
PAWNBROKER-Pledge of Goods-Pawnbrokers tiff sued H. for the two sums of 401. deposited
Act (39 & 40 Geo. 3, c. 99), 88. 15, 16-Loss of with him "as and for liquidated damages in re-
Pawn Ticket-Right to redeem.] The 16th section spect of the said breaches, and recovered judg-
of the 39 & 40 Geo. 3, c. 99, provided that in casement in respect thereof :"-Held, no answer to the
the pawn-ticket for goods pledged were lost, mis- action. LEA v. WHITAKER
laid, destroyed, or fraudulently obtained from the
owner thereof, and the goods remained unre-
deemed, the pawnbroker should, at the request of
the person claiming to be the owner of the goods,
deliver to such person a copy of the ticket and a
form of affidavit (now a declaration) stating the
circumstances, and the person having obtained
such copy and form of affidavit should thereupon
prove his property in such goods to the satisfaction
of a justice of the peace, and should verify on
oath or affirmation before the said justice the truth
of the particular circumstances attending the case
mentioned in the said affidavit, "whereupon" the
pawnbroker should suffer the person so proving
such property to the satisfaction of such justice as
aforesaid, and making such affidavit or affirmation
as aforesaid, on leaving the copy of the ticket and
the affidavit with the pawnbroker, to redeem such
goods and chattels :-Held, that where a person
having lost the ticket for goods pledged by him
VOL. VIII.-C. P.

See VOTE FOR PARLIAMENT. 1.
PLACE OF RISK UNDER POLICY-Insurance on
Ship against Fire-Construction of Policy-Place
in which Policy attaches.] A fire policy was
effected for a certain period of time, on a steam-
ship lying in the Victoria Docks, London, with
liberty to go into dry dock. The ship was taken
up the river, some distance from the Victoria
Docks, to the nearest available dry dock; but in
order that she might be able to enter the dry
dock it was necessary to remove part of her paddle-
wheels. This was done in the Victoria Docks.
Her repairs being completed, she was taken out of
the dry dock and moored in the river at a place a
few hundred yards higher up than the dry dock,
where she remained ten days, for the purpose of

PLACE OF RISK UNDER POLICY-continued.
having her paddle-wheels replaced before return-
ing to the Victoria Docks.-Whilst so moored she
was destroyed by an accidental fire.
proved to be usual to remove the paddles of large
It was
steamers to enable them to go into dry dock, and
that the time occupied in the river in replacing
them in this case was not unusual or unreason-
able-Held (affirming the decision of the Court
below), that the policy only attached upon the
vessel whilst in the Victoria Docks, or in the dry
dock, or in the river for the purpose of going to
and returning from the dry dock, and not during
her stay in the river for a different purpose, and
consequently the insurers were not responsible for
the loss. PEARSON v. THE COMMERCIAL UNION
ASSURANCE COMPANY -
Ex. Ch. 548

PLEADING-Libel-Justification
See LIBEL.

Mortgage-Sale by mortgagee

-

-

[C. P. VOL. VIII.

107.
[118, 121, 129

See LORD MAYOR'S COURT. 1, 2, 3, 4.
PROMOTER-Disclosure of contract in prospectus
[328

See PROSPECTUS OF COMPANY.
PROSPECTUS OF COMPANY-Company-Pro-
spectus-Companies Act, 1867 (30 & 31 Viet.
tracts made by Promoters or Directors.] The 38th
c. 131), s. 38-Fraud-Non-disclosure of Con-
section of the Companies Act, 1867 (30 & 31
Vict. c, 131), which provides for the disclosure in
the prospectus of a company of certain particulars
with regard to the class of contracts specified in
the section, is applicable only for the protection of
shareholders in the company, and creates no statu-
tory duty towards bondholders of the company or
358 others for breach of which an action on the statute
will lie -Quære, as to the nature of the contracts
to which the provision is applicable.-Semble, per
Honyman, J., that the section creates no statutory
cause of action, but merely amounts to a declara-
tion that, as between shareholders and those issu-
ing the prospectus, the latter shall be deemed to

362

See SALE BY MORTGAGEE.
Written contract-Agreement to carry 395
See WARRANTY OF TIME OF ARRIVAL.

PLEDGE-Loss of pawn ticket

See PAWNBROKER.

122

PLENE ADMINISTRAVIT Estoppel Ex. Ch. 356 have acted fraudulently. CORNELL v. HAY. THE

See ESTOPPEL BY JUDGMENT. 1.

PRACTICE Amendment-Parties -

See SUBSTITUTION OF DEFENDANT.
Appeal from justices

-

-

SAME v. MASSEY. THE SAME v. TORRENS
645 PUBLIC CARRIAGE-Kicking horse
See EVIDENCE OF NEGLIGENCE.
PUBLIC HEALTH ACT, 1848

416

See CONTINUING OFFENCE.

Attorney-Common Pleas

103

See CONTINUING OFFENCE.

See SUSPENSION FROM PRACTICE.

Bill of exchange-Common law

100

See LEAVE TO APPEAR.

Common Pleas-Attorney

103

See SUSPENSION FROM PRACTICE.

RAILWAY COMPANY-Signals at junction-Pay-

ment

-

685

See COSTS UNDER COUNTY COURT ACTS.

See EVIDENCE OF PAYMENT.

RESERVATION OF MINES-Conveyance of Land RESTRAINT OF PRINCES-continued.
subject to Reservation of Mines and Mining Powers carried from Shanghai to Hong Kong in a steamer
-Compensation to Grantee for Exercise of Powers belonging to the Messageries Impériales, and were
reserved-Mode of Assessment-What Damage the there transhipped into another steamer of the
Subject of Compensation.] A conveyance of land
same company and carried through the Suez
in fee was made subject to a reservation to the Canal to Marseilles,-this being the ordinary
grantors of mines and minerals, and extensive
course of business of that company in carrying
powers of occupying and using the surface for the goods from Shanghai to Marseilles. Goods are
purpose of working the same. It was provided carried by the Messageries Impériales at through
thereby that it should not be lawful for the rates from Shanghai to London; and the freight
grantee to do or suffer anything to be done where- upon the silks in question was paid to that com-
by the grantors should be prevented, hindered, or pany for the whole journey.-At the time of
obstructed in the exercise of the powers reserved, effecting the policy, the steamers of the Message-
and also that the grantors should make to the ries Impériales ran from the East to Marseilles
grantee annually reasonable compensation for and no further. Goods were never, in the ordi-
damage or spoil of ground to be occasioned by nary course of business, carried from China, Japan,
the exercise of the reserved powers. Previously or India to London viá Marseilles, except by the
to the date of the deed of conveyance the premises Messageries Impériales, and that company always
were leased to the grantee, subject to similar re-
sent such goods overland through France,-by the
servations to those in the conveyance, and workings Lyons railway from Marseilles to Paris, and
already existed which had taken place under such thence by the Northern railway to Boulogne,
reservations:-Held, that no restriction was placed and thence to London: and this course of busi-
by the words of the conveyance on the use by the
ness was well known among underwriters.-The
grantee of the land for any purpose to which it silks in question, having reached Marseilles, were
was applicable so long as he did not touch or forwarded by the Lyons railway to Paris on the
interfere with the minerals, and the compensation 3rd of September, 1870, and arrived at the Paris
for damage or spoil of ground occasioned by the station on the 13th. At this time the German
exercise of the powers reserved must be estimated armies had invaded and occupied a large part of
with reference to the value of the land for any France, and were advancing upon Paris, which
purpose to which an ordinary owner might put it; they had completely surrounded and besieged by
and that compensation was due in respect of dam- the 19th, preventing all communication between
age arising from the use subsequently to the con- Paris and all other places, so that it was impos-
veyance of land included therein that had been sible to remove the silks from Paris. This state
previously occupied and used for mining purposes, of things continued until (and long after) the 7th
but not in respect of the mere existence of work- of October, on which last-mentioned day the as-
ings in being at the time of the deed, or their sub-sured gave notice of abandonment. After the
sequent user without any fresh damage. MORDUE
v. THE DEAN AND CHAPTER OF DURHAM
336

RESTRAINT OF PRINCES-Marine Insurance
Description of Voyage-Overland Transit-Hostile
Detention of Goods in a besieged Town-Abandon-
ment-Total Loss.] A marine policy may cover
the risks during a portion of the transit to be per-
formed overland, provided apt language be em-
ployed to express that intention.-The hostile de-
tention of goods within a besieged city or town is
a "restraint of princes;" a "siege" and a "block-
ade" standing upon the same footing in this
respect. In a policy of insurance the course of
the voyage was thus described:-"At and from
Japan and [or] Shanghai to Marseilles and [or]
Leghorn and [or] London viâ Marseilles and [or]
Southampton, and whilst remaining there for
transit, with leave to call at any ports or places in
or out of the way for all purposes, including all
risks of craft to and from the steamers, &c., upon
any kind of goods, &c., in the good ship or vessel
called the steamers or steamer, per overland,
or viâ Suez Canal," &c. The risks insured against
were, amongst others, of the seas, men of war,
enemies, surprisals, takings at sea, arrests, re-
straints and detainments of all kings, princes, and
people," &c. In the margin of the policy was the
following memorandum,- "It is hereby agreed
that the silks insured by this policy shall be
shipped by Peninsular and Oriental Company,
Messageries Impériales steamers, and [or] the
steamers of the Mercantile Trading Company of
Liverpool only."-The goods insured (silks) were

66

commencement of this action the silks were for-
warded to London; and they arrived there in an
undamaged state on the 20th of March, 1871.—
Upon a special case setting forth the above facts,
the Court to draw inferences:-Held, first, that
the policy covered the whole journey from Shan-
ghai to London, including the overland transit
from Marseilles to Boulogne ;-Secondly, that the
detention of the silks in Paris by reason of the
state of siege was a "restraint of princes" within
the meaning of the policy; and consequently that,
the goods being lost to the assured for an indefi-
nite time, they were entitled to abandon, and to
recover against the underwriters as for a total
loss. RODOCANACHI v. ELLIOTT
REVISING BARRISTER-Duty of-Disqualifica-

tion

-

649

245

See VOTE FOR PARLIAMENT. 1.
RIGHT OF SPORTING-Inclosure Act-Game-
Reservation of Rights of Shooting to Lord of
Manor.] An inclosure Act directed the commis-
sioners appointed thereby to allot to the lady of
the manor, her heirs and assigns, a certain pro-
portion in value of the lands to be inclosed, in
lieu of and as a full compensation for the right
and interest of such lady of the manor in and to
the soil of the said lands, and to allot the residue
amongst the other persons entitled to rights of
common; and it was enacted that the several
allotments should be vested in the allottees re-
spectively, in full bar of and satisfaction for all
rights of common and other rights and interests
whatsoever in, over, and upon the said lands (ex-