DISMISSING BILL-[See "PRACTICE-Dismissing Bill."] DISTRIBUTIONS (STATUTE OF) - The widow's right to a share

of her husband's assets, under the Statute of Distributions, is not barred by a settlement executed on her marriage, unless there are clear words in it to exclude it.-O'Brien v. Hearne, p. 136 (R.) DWELLING-HOUSE-[See “WILL."]

EJECTMENT BILL-Demurrer to ejectment bill allowed. -Moore v. Kempston, p. 508 (V.C.)

EVIDENCE- [See “COLLISION-PRACTICE-Answer-PROTEST."]

In the case of dealings between husband and wife, evidence corroborative of the statements of the parties is necessary to show that a particular transaction is not a gift but a loan.-In Re Armstrong's Estate, p. 400 (L.E.C.)

An affidavit was filed without interrogatories prefixed to it. A replication was filed on 29th December, 1869. On the 17th May, 1870, the Court refused leave to use the affidavit on the hearing, considering it a motion to enlarge the time for closing the evidence, and no special grounds being laid.- Hastings v. Dwyer, p. 436 (R.)

Affidavits allowed to be filed after time for closing evidence had expired under peculiar circumstances.-Perrin v. Lying-in Hospital, p. 737 (R.)

Where the time for closing evidence expires in the long vacation under an order of the Chief Clerk, it is not extended to the first day of Michaelmas term, by the 258th order of 1867.—Ibid.

Practice when the Examiner-in-Chief is required to attend at the residence of an aged and infirm witness.-Brooke v. Lalor, p. 779 (R.) EXECUTOR - Bill by executor and tenant for life to have money expended by him in improvements declared a charge on real estate, dismissed, there being no proof that the improvements were necessary or increased the value of the property.-Gilliland v. Crawford, p. 64 (V.C.) [See "TRUSTEE RELIEF ACT."]

EXECUTORY TRUST - [See "TRUST."]

FEE-FARM GRANT-A landlord having refused to execute a fee-farm grant, under the Renewable Leasehold Conversion Act ordered to be executed, the Court ordered the Master to execute same.-Ex parte Guerin, p. 562 (R.)

FEME COVERT- [See “HUSBAND AND WIFE."]

FIELDS-Devise of What passes under-[See "WILL."]
FIXTURES-[See "COMPENSATION."]

FRAUD Sale set aside for fraud and inadequacy of consideration. – Bell v.
Rogers, p. 290 (R.)

Settlement set aside for undue influence and fraud.-Croker v. Croker, p. 181 (Ch. Ap.)

FRAUDULENT PREFERENCE [See “BANKRUPTCY."]

GENERAL ORDERS-[See "EVIDENCE-PRACTICE-Answer-Dismissing Bill-Motion for Decree."]

GRANT (See "FEE-FARM GRANT."]

HEIR-AT-LAW-[See "INSOLVENCY."]

HOUSE [See " WILL."]

HUSBAND AND WIFE-[See "EVIDENCE."]

IMPROVEMENTS-[See "EXECUTOR."]

INDEMNITY—[See “BANKRUPTCY-OFFICIAL ASSIGNEE."] INJUNCTION-Injunction granted to restrain the owner from cutting down timber on lands ordered to be sold.-Lauder's Estate, p. 47 (L.E.C.)

INSURANCE [See "POLICY OF INSURANCE."] INTEREST—A surety in a receiver's recognizance who has paid the whole amount of the recognizance, is entitled in equity to recover against his co-surety not only his share of the debt so paid, but also interest thereon, not exceeding for principal and interest the total amount of the recognizance.- In re Swan's Estate, p. 382 (Ch. Ap.) [See

CHURCH TEMPORALITIES ACT-PARTNERSHIP DEED-STATUTE OF LIMITATIONS."]

A remainder-man, who pays interest on a charge which accrued during a preceding life estate, is entitled to be recouped out of the produce of the life estate brought into Court by a receiver.-Howlin v. Shepherd, p. 701 (V.C.)

INTERROGATORIES—Extension of time for filing-Cashell v. Nixon p. 180 (V.C.)

INSOLVENCY-Collector-General of Taxes-The Court cannot entertain an opposition to the discharge of an insolvent on behalf of the Collector General of Taxes pending a vacancy in the office.-Re Bushe, p. 200 (B. & I.)

Commission Agent-A Commission agent who had obtained goods to be sold on commission and sold them in his own name, and not accounted for the proceeds, remanded.-In Re Chrystie, p. 200 (B. & L.)

Discharge Civil bill proceedings for recovery of debt will debar creditors from opposing discharge. In Re Kirkwood, p. 661 (B. & L.)

Revesting order-The Court will not, on the application of the heir at-law of a deceased insolvent tenant-in tail, make a revesting order though the schedule debts have been paid, but will leave him to bring his ejectment against the parties in possession of the property. The assignees are not necessary parties to the ejectment.— Le Montgomery, p. 69 (B. & L.)

Sham Defence to Action-A sham defence and dedemurrer to an action for a larger sum than the defendant owed, is not a sufficient ground for remanding an insolvent. -In Re Murphy, p. 276 (B. & L.)

JOINTURE-[See "APPORTIONMENT OF."] JUDGMENT-The omission to re-register a judgment is immaterial where it is sought to recover the amount of it from the connusor himself.-Keay's Estate, p. 4 (L.E.C.). [See "STATUTE OF LIMITATIONS."]

A judgment obtained prior to the passing of the Judgment Mortgage Act, cannot be registered as a mortgage against land acquired subsequently to the Act. Ibid.

There is no provision either in Pigot's Act, 3 & 4 Vic., c. 105, or the Judgment Mortgage Act, analogous to that in the Sheriffs' Act, requiring that a judgment creditor, seeking to sell lands, shall be in a position to issue execution on his judgment.-Ibid.

A judgment, with stay of execution as to the principal, until after the death of P., was registered as a mortgage. Held, that during the lifetime of P. a bill for a receiver to pay the interest would not lie.Kenny v. Kenny, p. 161 (R.)

Objections to the validity of the affidavit of registration of a judgment as a mortgage, as to the statement of the name and place of abode of the plaintiff and defendant, and the date of the judgment overruled. In Re Lennon's Estate, p. 491 (L. E. C.)

A judgment entered on suggestion of breaches on a fidelity bond may be registered as a mortgage.-Moorhead's Estate, p. 562 (L. E. C.) JURISDICTION-[See "LANDED ESTATES' COURT."] LANDED PROPERTY IMPROVEMENT ACT- [See "LEASE."] LANDED ESTATES' COURT-Jurisdiction-Where lands are directed by will to be sold, and the proceeds of the sale to be paid to the testator's executors, and by a codicil a legacy is bequeathed, the legacy is not a charge on the lands, and therefore the Landed Estates' Court has not jurisdiction to decide on the rights of the legatee to the legacy. In Re the Estate of Cuthberts, Minors, p. 86 (Ch. Ap.) - [See "COMPENSATION-LEASE-SALE."]

LANDLORD AND TENANT-[See "LEASE-FEE-FARM GRANTSPECIFIC PERFORMANCE."]

LEASE-The Court declined to entertain an appeal from an order of a judge of the Landed Estates' Court refusing to sanction a lease under the 25th section of the Landed Property (Ireland) Improvement Act, 1860, on the ground that the refusal to sanction a lease under that act is a matter of personal discretion for the judge himself.-In Re De Salis's Estate, p. 491 (Ch. Ap.)

S. contracted for a lease with a limited owner, and on the faith of getting it expended large sums of money upon the premises. Held, that the sanction of a judge of the Landed Estates' Court being sought under section 25 of the Landed Property Improvement Act, that Court in estimating the rent under the proposed lease was bound to have regard to the expenditure made by S.-In Re De Salis' Estate, p. 384 (L.E.C.)

LEGACY-Specific-Bequest of books and paintings, though coupled with gift of residue, held specific.-Langdale v. Esmond, p. 689 (R.) LEGATEE-[See "PRACTICE-Probate Court."] MARRIED WOMAN-Order on petition by a married woman, presented, without a next friend for the appointment of a new trustee in a separation deed.-In Re Kenny's Trust, p. 508 (R.) MISDESCRIPTION-Premises offered for sale under the Court, were described as approached by a private avenue. There was a public right of way through the avenue. The Court discharged the purchaser on the ground of misdescription.-In Re Dunphy, p. 138 (B. & I.) MORTGAGEE- A mortgagee of a railway where the loan is not authorized by the special Act will not be allowed to come in on equal terms with bona fide debenture and mortgage creditors.-Re the Bagnalstown and Wexford Railway Company, p. 48 (B. & L.)-[See "JUDGMENT."] MOTION FOR DECREE-[See "PRACTICE."] NEXT FRIEND-[" See MARRIED WOMAN."]

NEXT OF KIN-Next of kin, under the Statute of Distributions, in a deed, held to mean next of kin at the death of the person named.Day v. Day, p. 179 (R.)

PARTIES- In an administration suit it is not necessary that the AttorneyGeneral should be a party by reason of a legacy being bequeathed by the testator to a charity.-Magill v. Murphy, p. 472 (V.C.) PARTNERSHIP DEED-Interest decreed on the share of a deceased partner payable by instalments. Beater v. Murray, p. 532 (R.) PAYMENT OF SUMS OUT OF COURT-[See “RAILWAYS."] PLEA [See "PRACTICE."]

POLICY OF INSURANCE-A policy of life insurance was duly executed and sent to the agent of the Company, but was not delivered to the insured, and was withheld until payment of the premium made, which was not made when the insured died. Held, that the contract of insurance was not complete.-Collins v. Insurance Company, p. 563 (District Court, Philadelphia.)

PRACTICE-Administration Summons-The Court will not make an order on summons to administer real estate where it has been put in settlement.-Elliott v. Montgomery, p. 215 (R.)

Answer-Notice by defendant of reading his answer as an affidavit on a motion for a decree must be served within 14 days after service of the notice of the motion.-Todd v. Gamble, p. 105 (V.C.)

Bill-An injunction bill having been filed in manuscript, and a printed bill, not having been filed within the 14 days prescribed by the 8th Order of 1867, inadvertently, the Court restored the bill, without costs to the defendant.-Robb v. Connor, p. 551 (R.)

No order of the Court is necessary to enable a plaintiff to re-serve the copy of a bill served on the defendant more than a year. - Corley v. Greene, p. 46 (R.)

PRACTICE - Carriage of Proceedings- Circumstances under which the Court will take the carriage of an administration suit from the plaintiff.-Browne v. Roberts, p. 702 (V.C,)

Dismissing Bill-In computing the time for dismissing a bill under the 130th General Order, vacation is to be excluded. Vacation is the time when the Court does not sit.- Walsh v. Greer, p. 363 (V.C.)-[See also Murphy v. Shortal, p. 737 (V.C.)]

General Orders-[See “AFFIDAVIT EVIDENCE."

Interrogatories-To entitle a plaintiff to an order pro confesso, interrogatories must be filed and served within the time prescribed by the 42nd General Order of 1867.-Doherty v. Monk, p. 582 (R.)

Interrogatories were served without the endorsement required by the 44th Order, and were re-served with the proper endorsement, but not until more than eight days from appearance. The defendant filed a traversing note and replication. The Court set aside the traversing note, not the replication. -Boylan v. Crooke, p. 472 (V.C.)

Motion for Decree-A motion for a decree will not be heard unless the notice is endorsed as required by the 97th General Order.-Browne v. Hill, p. 105 (R.)

It is irregular to proceed by motion for a decree after an order to take the bill pro confesso has been made.-Casey v. Kennedy, p. 472 (V.C.)

Notice Leave to serve notice of motion after the usual term on what terms granted. Anon., p. 105 (R.)

Plea-Verification of -Banks v. Wharton, p. 179 (V.C.) Probate Court-Motion to amend a plea which stated that the will was obtained by undue influence of the plaintiff and others in his interest, by striking out the words, "and others in his interest," refused.-Jackson v. Hillas, p. 107 (Pr.)

A legatee disputing a will must lodge the amount paid to him on account of a legacy in Court.-Russell v. Keenan, p. 280 (Pr.)

Letters of administration granted to a married woman in notice to her husband, he having refused to join in the administration bond.-In the Goods of Moore, p. 275 (Pr.)

Receiver's account-Leave to pass the account of a deceased receiver granted on motion of plaintiff, the personal representative of receiver consenting-Guinness v. Helsham, p. 105 (V.C.) [See "JUDGMENT."]

Revival of Order-The Court will, under no circumstances, vary an order more than a year old, without notice of the motion, but will, in a proper case, make a substantive order adopting the variation.-Duckett's Trusts, p. 335 (R.)

Traversing Note-Order made for service of traversing note out of the jurisdiction.- Frizelle v. Cotton, p. 105 (R.)

Interrogatories were served without the endorsement required by the 44th order, and were received with the proper endorsement, but not until more than eight days from appearance. The defendant did not answer, and the plaintiff filed a traversing note and replication. The Court set aside the traversing note but not the replication.- Boylan v. Crooke, p. 472 (V.C.)

PROOFS-A case to advise proofs should be sent to counsel, even though there be no answer to the bill. The costs of such case will be taxed Fry v. James, p. 162 (V.C.)

The Court will not allow documents to be entered as evidence after the decree is made up. - Murphy v. Smyth, p. 508 (R.)-[See "EVIDENCE."]

PRESUMPTION-The Court refused to presume a will or a conveyance after a long lapse of time, where the Statute of Limitations did not apply.-Twiss v. Noblett, p. 64 (V.C.)

POWER-A power of apportionment was given by will to a person over lands in which he had a life estate subject to be forfeited in case she mortgaged her interest, the donor directing that in case she did so the lands should go to the person next in remainder as if she were actually dead. Held, that after the forfeiture the power could be validly exercised.- In the Matter of Stone's Estate, p. 258 (Ch. Ap.)

PROBATE-[See "PRACTICE," Probate Court.]
PRIORITY-[See "MORTGAGEE."]

PRO CONFESSO-[See "PRACTICE, Motion for Decree."]
PROTEST-When a protest is made and not produced, or its non-production
accounted for, the case will be adjourned till it is produced.-Ljubica,
the, p. 491 (Adm.)

RAILWAYS-Several sums of money lodged by a railway company to several credits paid out on one petition.-In Re Downpatrick, Dundrum, and Newcastle Railway Company, p. 472 (R.)

Decree for sale of a railway for unpaid purchase money.-Keane v. Athenry and Ennis Junction Railway Company, p. 522 (R.)-[See "MORTGAGE-WINDING-UP."]

Raising money for completion of line by a scheme confirmed by the Court.-Re Letterkenny Railway Company, p. 738 (V.C.) RECEIVER-[See "JUDGMENT-PRACTICE, Receiver's Account.'] RECOGNIZANCE—[See "INTEREST."] REGISTRATION-[See "JUDGMENT."]

RELEASE-[See "TRUSTEE RELIEF ACT."]

RENEWABLE LEASEHOLD CONVERSION ACT-[See “FEEFARM GRANT."]

RENT-[See "APPORTIONMENT."]

REPLICATION-[See "PRACTICE," Traversing Note.]

RESIDUE-[See "LEGACY."]

RESTRAINT-The Court of Admiralty has jurisdiction in a cause of restraint though the vessel be not registered in Ireland.-The Lady Clermont, p. 542 (Adm.)

SPECIFIC PERFORMANCE--Specific performance of a parol agreement for a lease in consideration of an increased rent and improvements refused, the evidence of a concluded agreement being loose and vague, uncorroborated by any document, and the plaintiff having put forward these different agreements on different occasions.-Howe v. Hall, p. 382 (R.)

SALE [See "RAILWAYS-FRAUD-MISDESCRIPTION-TRUSTEE."]

Where an estate consisting of several lots is sold in the country, the sale of each lot would be treated as the sale of a separate estate. - In Re Crawford's Estate, p. 642 (L. E. C.)

SALVAGE=[See “CHURCH TEMPORALITIES ACT-Costs."]

SECURITY FOR COSTS-A plaintiff permanently resident abroad, but on a visit to Ireland, ordered to give security for costs.-M'Cormick v. Black, p. 335 (R.)

Where an order for security for costs has not been complied with, the order on a motion to dismiss the bill for want of prosecution is that the plaintiff shall give security within a fortnight, or that in default the bill be dismissed.-Nash v. Nash, p. 400 (R.) SETTLEMENT, CONSTRUCTION OF-[See "DISTRIBUTIONS, STATUTE OF TRUST."]

SOLICITOR-[See "STATUTE OF LIMITATIONS."]

STATUTE OF FRAUDS - [See "SPECIFIC PERFORMANCE."] STATUTE OF LIMITATIONS-So long as the person to pay and the person to receive the interest on a judgment are the same, the bar of the statute does not apply. - Keay's Estate, p. 4 (L. E. C.)

The statute is no bar to a claim to money in Court.-Howlin v Shepherd, p. 701 (V.C.)

Right of a person resident abroad held not barred by the Statute of Limitations, 3 & 4 Wm., c. 27.-Twiss v. Noblett, p. 64 (V.C.)

A trust term created in 1814 to secure an annuity held to save the bar of the Statute of Limitations.- Bermingham's Estate Re, p. 304 (L.E. C.)

A Solicitor ordered to pay for advertisements allowed in his costs, although the claim would in strictness have been barred by the Statute of Limitations.-In Re Graydon's Estate, p. 510 (L. E. C.)

SURETY-[See "INTEREST."

TAXATION-[See "COSTS.]

TIME-[See "EVIDENCE-INTERROGATORIES."]

TITLE-Declaration of title. Claim by adjoining owner of right of way. Carson's Estate, p. 759 (L.E.C.)

TOWAGE-Damages against owners of a tug for injury to the vessel towed. Duties of the tug and vessel towed stated and defined. - The Brunel, p. 602 (Adm.)

TRUST - Executory-A testator devised his property to trustees, and directed that the estates and house property to be settled on his son A. and his heirs male, and should he have no heirs male, on his grandson J., on his taking the testator's name within twelve months; and in the event of J. having no heirs male to go to his brother G. and his heirs male, he taking the name. Held, an executory trust to be carried out by settlement on A. for life, with remainders to J. and G. and their sons.-Duncan v. Bluett, p. 572 (R.)

TRUSTEE ACTS-The Master of the Rolls has not jurisdiction under the Trustee Acts, 1850-2, to appoint a new trustee in the place of a trustee who has become a lunatic, even though he reside out of the jurisdiction.-Re Smith's Trust, p. 228 (R.)

Order vesting chattels real where new trustees were appointed, both the original trustees being dead, and there being no personal representative of the survivor.-In Re Reade's Trusts, p. 400 (R.) TRUSTEE-A purchase by a trustee set aside for inadequacy of price, want of professional assistance, and undue influence.-Bell v. Rogers, p. 290 (R.)

TRUSTEE RELIEF ACT- Executors required a release from a legatee who refused to pay the costs of it. They lodged the amount of legacy into court under the Trustee Relief Act, and deducted the costs of lodging the money. The court held that it had no jurisdiction to make the trustees refund the costs deducted, but made them pay the costs of the petition for drawing out the legacy.-Fortune's Trusts, p. 472 (V.C.)

TUG-[See "TOWAGE."]

TURBARY-[See "COMPENSATION."]

VACATION-[See "PRACTICE-Dismissing Bill-EVIDENCE."]
VENDOR'S LIEN-[See "RAILWAYS."]

WAGES-Suit for Wages-Release of vessel from arrestment, the Consul of the country she belonged to having protested against the suit, and undertaken to do justice between the plaintiff and the defendant.-The Oberburgermeister Von Winter, p. 47′′ (Adm.)

WAY, Right of-[See "TITLE."]

WIDOW-[See "DISTRIBUTIONS, STATUTE OF."]

WINDING-UP-The Court has jurisdiction to make an order for winding up a railway company, who have obtained a warrant of aban donment, against the consent of the party claiming the fund deposited under the standing orders of parliament in respect of the application for the Act, and will not save the rights of such party, as he can assert them under the winding-up order.-In Re Waterford, Lismore, and Fermoy Railway Company, p. 622 (R.)

WILL- [See "ANNUITY-DEVISE-CONDITION-LEGACY."]

Devise of four fields held not to pass an adjacent dwelling-house. Same held to pass under devise of residue of the farm.-O'Connor v. O'Connor. p. 612 (R.)-[See “PRESUMPTION."]

Joint Will-A. and B., jointly seized and possessed, made a joint will, appointing executors. The executors must be cited, and if they renounce, administration will be granted to the next of kin.In the Goods of Miskelly, p. 199, 216 (Pr.) WITNESS-[See "COSTS."]

COMMON

AMENDMENT OF DEFENCE See Mansergh v. Coppinger, p. 612 (Q.B.)

APPRENTICE—[See “ATTORNEY ADMISSION-JURISDICTION."] ARBITRATION - Builders contracted with H. P., the equitable owner of a mansion house, to perform certain works, provided that if any dispute arose between the builders and the architect of H. P., same should be referred to the arbitration of T. D., whose decision was to be binding on all parties, and should be made a rule of court. Disputes having arisen, H. P. revoked his submission to arbitration. Held, that the agreement could not be made a rule of court.-In Re Puxley and Cockburn, p. 591 (Q.B.)

ARREST-A writ of ca. sa. cannot be issued on a judgment originally recovered for a sum of £10 debt, exclusive of costs, although interest has afterwards accrued on the judgment debt, and the amount of such debt and interest exceeds £10,- Bebe v. Mellon, p. 275 (Con. Ch.) ASSIGNMENT-[See “FORFEITURE."]

ATTORNEY-Admission-A gentleman who had acted for many years as clerk to an attorney, deceased, and had served three years of his apprenticeship, admitted on passing the final examination required by the Incorporated Law Society.-Re Givan, p. 198 (Con. Ch.) See also In Re Sherrie, p. 67 (Ex.)

To entitle a clerk to an attorney to be admitted as a three years' apprentice under the 10th section of the Attorneys and Solicitors Act, his services as clerk for three years need not be altogether continuous.Re David Milliken, pp. 263, 475 (C. P.) See also Re M Erlean, p. 360.

Certificate granted to an attorney who had not taken out his certificate for two years, owing to the smallness of his business, and who had not practised except in a few cases at petty sessions, to enable him to support his family, on payment of a fine of £1 and arrears of duty. Re Bergan, p. 197 (Con. Ch.) See also Re Carpenter, p. 67 (C. P.)

An attorney had not taken out his certificate for three years, but bad not practised in any court on his own behalf. Certificate granted. In Re Wilson, p. 175 (Con. Ch.)

An attorney had not taken out his certificate since 1848, and had never practised since that. Certificate granted.-Re Eyre, p. 198 (Con. Ch.) See In Re Bryan, p 197 (C.C.)

BANKRUPTCY-Fraudulent Preference -A traveller, who was agent for an insurance company, being in embarrassed circumstances, transmitted without any application of the company the balance in his hands on the 2nd of January. On the 3rd of January he suspended payment. In an action by his assignees against the company for the balance, the trader stated that he considered the money trust money, and feared a prosecution for embezzlement if he retained it. There was a verdict for the plaintiffs, but the court granted a new trial.-Assignees of Taylor v. Thompson, p. 272 (C. P.) See also Assignees of Taylor v. Killaleagh Flax Company, p. 272 (C.P.) BRIBERY-See Bridgewater Election Inquiry, p. 71 (Q.B., West.) CERTIFICATE-[See "ATTORNEY."]

CHURCH--Irish Church Act, 1869-Compensation in erroneous return by incumbent of the amount of his tithe rent-charge-Mode of calculating the deduction in respect of poor rate-Permanent curateCalculation of the five years for which his salary is deducted-Visitation fees-Deduction of tax formerly payable to Educational Commissioners. Smith Re, p. 318 (Ir. Ch. Com.)

CIVIL BILL COURT-[See "SHAM ACTIONS."]
COMPENSATION - [See "TOWN-PARK."]

CONDITION-A policy of insurance against death, or injury from accident, contained a condition precedent, that in the event of any accident, fatal or not, notice must be given of the accident at the chief office of the company in London within seven days after the occurrence of the accident. The summons and plaint on the policy averred that the deceased met with an accident and died immediately, and his death was the instantaneous result of the occurrence; and that it was therefore, by the act of God, impossible to have delivered within seven days after the occurrence the notice in the condition; and that no other person having knowledge of the existence of the policy had

within seven days any knowledge or notice of the accident. Held, on demurrer, that the condition was not discharged by the act of God, which made the death instantaneous.-Gamble v. The Accident Insurance Company p. 272 (Ex.)

CONSIGNOR AND CONSIGNEE [See "DUTY."] CONVICTION-Conviction for an assault made by a magistrate on the complaint of a constable, and not of the party aggrieved upheld. Irregularity in conviction cured by return.-The Queen v. O'Flaherty, p. 509 (Q.B.) See also The Queen v. Hornan.—(Ibid). CONVEYANCER-Penalties recovered in an action against a party for practising as a conveyancer without a licence.-Goddard v. Canavan, p. 365 (C.P.)

CORONER-Writ de coronatore eligendo issued, a coroner having become lunatic.-In Re Ellis, p. 486 (Ch. P. B.)

COSTS-Taxation of Discretion of Taxing Master-Briefs-Counsels' fees. Leclerc v. Greene, p. 780 (Ex.)

Review of taxation of costs of election petitions.-In Re Tamworth, &c., Election Petition, p. 88 (Q.B., West.) CRIMINAL LAW-[See "INDICTMENT EVIDENCE."] CUSTOM HOUSE-[See "VALUATION."] DECREE-[See "SHERIFF."]

DEVISE [See "WILL."]

DISCOVERY-In an action against several defendants for breaking and entering plaintiff's houses, carrying away his goods and chattels, converting several articles the property of the plaintiff, and expelling him and his servants from the premises, leave was obtained to administer interrogatories for the purpose of discovering at whose instance the outrage was planned, what circumstances attended it, and what had been done with some of the property so taken. The defendants declined to answer the interrogatories, and gave a consent for judgment, relying on the consent as absolving them from liability to answer. Held, that they were bound to answer, although by doing so they might have themselves exposed to indictment for conspiracy, or might disclose a cause of action against persons not named as defendants.-Dunne v. Moonan, p. 46 (Q.B.)

DUPLICITY-[See "PLEADING."]

DUTY-Consignor delivered to a railway company several hogsheads of whiskey, upon which duty had not been paid, to be carried to consignee. The railway having carried said hogsheads, delivered same to consignee, who took them away, but never paid duty thereon. The Crown compelled the consignor to pay the duty. Held also, that the railway company should have lodged the whiskey in the Queen's stores, and was not justified in handing the same to consignee, and must therefore pay to consignor the duty he was obliged to pay the Crown.-Cork Distillery Company (Limited) v. G. S. & W. Railway Company, p. 634, (Q.B)

ELECTION PETITIONS-Amount of qualification of sureties.-In the Matter of the Tipperary Election, p. 321 (C.P.)

EVIDENCE-On an indictment for uttering a forged note, secondary evidence of it is not admissiblejwithout notice to produce it-The Queen v. Fitzsimons, p. 46 (C. C. R.)-[See "FALSE PRETENCES."] EXCISE [See "DUTY."]

EXECUTION- [See "ARREST-SHERIFF."

FALSE PRETENCES-A pretence of present ability, accompanied by a promise to do a certain act, is evidence to support an indictment under What constitutes evidence of the the 24th and 25th Vic., c. 50, sec. 90. falsity of the pretence.-Regina v. Cloran, p. 690. FISHERY-[See "PLEADING."] FORFEITURE- An assignment, though void, will forfeit a lease with a clause against alienation. Subsequent receipt of rent held a waiver of forfeiture by assignment.-Duke of Leinster v. Metcalf, 11 Ir. L. R., 365, disapproved of; O'Brien v. Bernard, 6 Ir. L.R., 708, overruled; Clifford v. Reilly, p. 66 (C.P.)

FRANCHISE- [See "FREEMEN.]

FREEMEN-Grandsons of freemen of the City of Dublin are admissible to the franchise.-Anonymous, p. 542 (Lord Mayor's C.) GRAND JURY-[See "JURY PRESENTMENT."]

INDICTMENT-An indictment for larceny of seaweed washed on the shore, before the said seaweed is declared into possession, does not lic. The Queen v. Clifford, p. 105 (C.C.R.)

INDENTURES OF APPRENTICESHIP-[See "JURISDICTION."] INSURANCE-[See "CONDITION."]

INTERROGATORIES-[See "DISCOVERY."]

JUDGMENTS EXTENSION ACT-The Court refused to direct the Master to give a special certificate of an order of the Court for payment of costs in order to enable the party to register it in England under the Judgments Extension Act.-Garod v. Halliday, p. 551 (Exch.) JURISDICTION The Court refused an order on the Registrar of the Incorporated Society of Attorneys and Solicitors to register indentures by which the applicant was bound as a three years' apprentice.--In Re David Milliken, p. 475 (C.P.)-[See "SHAM ACTIONS."]

JURY (GRAND)- A notice that it is the intention of a person to apply for a presentment for compensation for malicious injury, without stating that he will apply, is informal, and a fatal objection to the presentment.-In Re M'Hugh, p. 401 (Sligo As.)

A presentment for building a Court House need not be tendered for at Special Sessions.-In Re Castlebar Court House, p. 510 (Mayo As.)

LANDLORD AND TENANT

PARKS."]

LEASE-[See "FORFEITURE."]

LICENSE [See "CONVEYANCER."]

[See "NOTICE TO QUIT - TOWN

MAGEE COLLEGE-[See "VALUATION."]
MALICIOUS INJURY-[See "GRAND JURY."]

The sinking of a trading vessel, where it does not appear to have been accomplished by a tumultous assemblage, is not a proper subject of compensation for malicious injury by presentment.-In Re Taylor, p. 401 (Sligo As.)

NEGLIGENCE-[See "PLEADING."]

A plea of payment of compensation awarded by a police magistrate against the defendant's servant, and acceptance thereof, is a good defence to an action for negligently keeping a dangerous animal.— M Nulty v. Hope, p. 739 (Ex.)

NUISANCE-A defendant, who was commander at the Curragh Camp, ordered filth to be removed from the camp and placed on a piece of ground near the plaintiff's house. The contractors who had contracted with the comptroller to deoderize the matter did not do so. Held, that the defendant was not liable in an action for a nuisance.- Igoe v. Everleigh, p. 508 (Q.B.)

A cart on which unsound meat is placed for sale, or preparation for sale, is a "place" within the meaning of the 26 & 27 Vic., 3. 117.- Webb v. Daly, p. 180 (Q.B.)

NOTICE [See "JURY, GRAND--PRACTICE."]

NOTICE TO QUIT-In an action of ejectment on the title the tenant (a person of weak intellect) had not been served personally with notice to quit, which, however, had been served on his daughter resident with him in his house, and upon the lands which she together with her two brothers managed. The process server did not read it to her, or tell her to give it to her father, who was incapable of understanding any business whatever. She threw the notice aside, and afterwards burned it. No question of the agency of the sons and daughter for the father having been raised, the jury found that the notice had neither reached nor become known to the defendant, whereupon the Judge directed a verdict for the plaintiff. Held, that the verdict should be set aside for misdirection.-Nicholson v. Tanham, p. 473 (Q.B.)

PENALTY-[See "CONVEYANCE."]

PLAINT-[See "PLEADING."]

PLEADING - Demurrer to summons and plaint for stopping and detaining carts preceeding to the plaintiff's corn stores, and injuring his business as a corn merchant, allowed. -Higgins v. O'Donnell, p. 107 (Q.B.) Defence to a plaint for slander that the defendant "did not speak and publish the defamatory words therein mentioned, or any of them, as alleged," ordered to be amended by striking out the words "defamatory," it not being used in the plaint.-M'Gee v. Waters, p. 199 (Ex.)

It is necessary for a defendant who relles on contributory negligence on the part of the plaintiff to allege in his defence, and prove at the trial that he could not, by the exercise of ordinary care, have avoided the consequence of the plaintiff's neglect.-Doyle v. Kinahan, p. 215 (Exch.)

A plea of payment and one of set-off to a part of the plaintiff's demand may be pleaded without leave of the Court. - Hoare v. Stafford p. 290 (Con. Ch.)

The Court refused to set aside defences which was pleaded to the whole cause at action, but divided it into two parts; and as to £35 of the claim, brought it into Court; as to the residue that it never existed, and plene administrarit præter--Ryan v. Roughan, p. 335 (C.P.)

Motion to set aside a defence confessing part of the cause of action, and not bringing the money into Court, refused.-Dougan v. Cowden, p. 336 (C.P.) See also Rutledge v. Davis, p. 336 (C.P.)

A summons and plaint averred that the defendant was possessed of a vicious horse, knowing it to be vicious, and knowing that by reason of its viciousness it could not be ridden along a public highway without great danger, &c., and the defendant negligently, by his servant, rode said horse, whereby the horse kicked one Mr. N. Held, bad for duplicity, inasmuch as there were therein contained two causes of action, namely, the riding of a vicious horse, knowing it to be vicious, and negligence. Redmond v. Clarke, p. 475 (QB)

Time for pleading extended.-Robinson v. Woodriffe, p. 181 (Q.B.) Trespass, for breaking and entering the plaintiff's several fishery. Defence (inter alia) that the locus in quo was an arm of the sea, in which all the Queen's subjects had a right to fish. Issue whether the defence was true, &c., Held, that the plaintiff not having replied, could not give evidence of a several fishery in the locus in quo.Crichton v. Collery, p. 671 (Ex.)

PRACTICE-Arrest - [See "AMENDMENT OF DEFENCE-ARREST."]

Interrogatories-[See "DISCOVERY."]

Judgment-The Court would not permit judgment to be marked by default, when the affidavit upon which it was sought to mark such judgment was not to be found on the indexes or files of the court. O'Rorke v. Maclean, p. 335 (Q.B.)-[See JUDGMENTS EXTENSION ACT."]

Notice of Motion-[See "SHAM ACTIONS."]

Notice of Trial, though withdrawn by consent, is a proceeding to take a case out of the operation of the 178th General Order of 1854.-Mason v. Franklin, p. 275 (Con. Ch.)

Retraxit-[See "RETRAXIT."]

Staying proceedings-The Court will not permit its process to be made the engine of persecution, and has ample power to stay proceedings where it appears that the action brought is contrary to good faith.-Breen v. Cooper, p. 65 (Q.B.)

A final judgment by default was entered for the amount of the particulars in the endorsement on the summons and plaint which contained counts on quantum meruit alone. Held, that the judgment was irregular, and should be set aside.-Regan v. Regan, p. 156 (C.C.) [See *PLEADING."]

POOR RATE-[See "VALUATION."]

PRESENTMENT-[See "JURY, GRAND.")
RAILWAY COMPANY- [See "DUTY."]

RATE-The Magee College is liable to pay poor-rates, and is not within the proviso of the Poor Law Acts, which excepts from such liability institutions exclusively used for charitable purposes.-The Magee College v. The Commissioners of Valuation, p. 632 (Q.B.) RECOGNIZANCE-M., in an action by plaintiff against him, obtained a conditional order for a new trial, which order was discharged.

From

the order discharging the conditional order he appealed, and S. entered into a recognizance by way of security for costs that M. should prosecute the appeal with effect. M. died before the said appeal was prosecuted. Plaintiff sued S. on the recognizance. S. pleaded the death of M. Held, on demurrer, that this was a good plea.-The Earl of Leitrim v. Stewart, p. 383 (Q.B.)

REGISTRAR OF INCORPORATED LAW SOCIETY-[See

"JURISDICTION."]

SHAM ACTIONS-Under the 6th sec. C. L. Procedure Act, 1870, actions excluded from the Chairman's jurisdiction by 14 & 15 Vic., c. 57, viz., slander, libel, &c., may be referred to him. Quere, whether the Chairman is limited to £40 in awarding damages.-Cramsie v. Scott, p. 690 (C.P,)

Under the 6th sec. of the C. L. Procedure Act, 1870, "sufficient notice" of an application for security for costs means such notice as to the Court shall deem sufficient, and need not be two clear days, as in the motions on notice. In the computation of the eight days after service of the summons within which the application must be made, Sunday is not to be reckoned.-M'Donogh v. Brophy, p. 690 (C.P.) SHERIFF-A sheriff is bound to execute a decree against the body at once, and when the debt is received by him to hand over same to plaintiff on demand. Decree against a sheriff who failed to do so.-Hope v. Ormsby, p. 69 (Rec. C,)

STEWARD OF RACE COURSE-Action against steward of a race course for erroneously pointing out the course to the rider of the plaintiff's horse, causing the horse to be disqualified. Defence, no duty cast on steward to point out the course. Demurrer to defence overruled - Mansergh v. Coppinger, p. 180, p. 612 (Q.B.) SUMMONS AND PLAINT-[See "PLEADING."] TOWN PARK-The tenant of a Town Park is not entitled to compensation under the Irish Land Act, 1870-Hanlon v. Henderson, p. 661 (Queen's Co. Qr. Ses.)

VALUATION-The Dublin Custom House Stores and Offices are liable to be rated by the Commissioners of Valuation for the poor-rate.-In Re Dublin Port and Docks Board, p. 553 (Rec. C.)

WAIVER-[See "FORFEITURE."]

WILL-A testator devised two years' profit rent to each of his daughters out of the lands of B., which were let on lease, and he bequeathed to his six sons £5 per annum to each, out of B.. after his daughters should be paid off. Held, that the reversion of B. did not pass.- Going. v Hanlon, p. 228 (Excl.)