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of apportionment asked for does not exceed £300, though value of property saved exceeds £1000.-The Glannibanta, L.R. 2 P.D. 45; 36 L.T. 27.

(lxvii.) P. D. A. ·Sulvage-Uncompleted Service.-Where ship A. was requested to aid ship B. in distress without amount of reward being fixed, and remained ready to give assistance all night, but in the morning ship C. offered and was engaged to tow ship B. into harbour for a less sum than ship A. would accept: Held that ship A. was entitled to fair compensation for sérvice rendered and loss sustained.-The Maude, 36 L.T. 26.

Solicitor:

(ix.) Ch. Div. M. R.-Articled Clerk-Service. Where an articled clerk entered into supplemental articles after his master's death and carried on his new master's business in their joint names, but under a verbal agreement that the clerk should receive a salary and pay over the profits: Held that under the circumstances of the case the service was sufficient under 6 & 7 Vict., c. 73.-Ex parte Joyce, L.R. 4 Ch. D. 596; 25 W.R. 340.

(x.) C. P. Div.-Contempt-Attachment—Striking off Rolls.—If solicitor is guilty of contempt, the proper course is first to move for attachment: motion to strike off the rolls must be upon notice.-Re a Solicitor, 36 L.T. 113.

Telegraph:

(iii.) C. P. Div.-Misdelivery-Damages.-Held that a telegraph company, in absence of special contract or fraud on their part, are not liable to receiver of a telegram for damage arising from misdelivery.-—Dickson v. Reuter's Telegraph Co., L.R. 2 C.P.D. 62; 46 L.J. C.P. 197; 35 L.T. 842; 25 W.R. 272.

Title:

(ii.) C. A.—Adverse Possession.-Defendant, having with others right of way over a piece of land the property of the lord of the manor, ploughed up and used as his own a part of the land without interruption for more than twenty-one years: the remainder of the piece of land which was not fenced from the appropriated part was left in its original condition : Held that defendant had acquired a good title to the soil and minerals of and under the appropriated part, but not to the remainder of the soil or minerals-Seddon v. Smith, 36 L.T. 168.

Trade:

(i.) Ch. Div. V. C. B.-Breach of Covenant-Injunction.-Held on the construction of a covenant not to carry on a particular trade, that the selling goods as a journeyman employed by a person engaged in such trade was a breach restrainable by injunction.-Jones v. Heavens, L.R. 4 Ch. D. 636; 25 W.R. 460.

Trade Mark:

(v.) Ch. Div. V. C. B.-Expired Patent.-S. C., deceased, and plaintiff, G. C., jointly took out Letters Patent for a filter, which they allowed to drop, but continued to affix to their filters, "G. C.'s improved patent gold medal, self-cleansing, rapid water filter, Boston:" defendant commenced to sell filters of similar shape, inscribed “S. C.'s patent prize medal, self-cleansing, rapid water filter, improved and manufactured by W. B. & Co. :" Held that plaintiffs had acquired a right to protection of their inscription as a trade mark, and that the use of "patent" therein did not avoid such right.—Cheavin v. Walker, 35 L.T. 757. (vi.) Ch. Div. M. R.-Registration.—Applicants had long used as trade

marks the initials of their firm, the name of their works, and abbreviations thereof, together with symbols or words denoting the quality of goods sold the Patent Commissioners refused to allow the symbols and words to be registered: Held that the symbols and words, though not themselves trade marks, were, when taken in combination with the initials, etc., entitled to registration.-Re Barrow's Application, 36 L.T. 291; 25 W.R. 407.

Trustee :

(vii.) Ch. Div. V. C. H.-Breach of Trust.-A settled policy was held by a sole trustee who never endorsed any memorandum of settlement, or gave notice thereof to the office: he handed it over to a person who was intended to be appointed trustee in his place, but it found its way into the hands of the settlor who borrowed money on it, and finally the mort. gagee surrendered it: Held that the original trustee was liable for the breach of trust.-Kingdon v. Castleman, 36 L.T. 141; 25 W.R. 345. (viii.) Ch. Div. V. C. M.-Payment into Court-Trustee Relief Act.Trustees having unreasonably refused to pay over a fund to an executor without consent of the beneficiaries, and unnecessarily paid the money into Court, ordered to pay the costs of petition for payment out of the fund. Re Hoskins' Trusts, 35 L.T. 935.

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(viii.) C. P. Div.-Auction-Puffing.-Conditions of sale reserved right to vendor or his agent to bid once: the vendor did only bid once, but after the auctioneer had bid several times: Held that the purchaser was entitled to avoid the purchase.-Parfitt v. Jepson, 36 L.T. 251.

(ix.) C.A.-Lien.-Agreement for sale of leaseholds to an intended company, on its formation, for £6,000 cash, and £2,000 in paid-up shares: the assignment was by deed stating consideration to be £6,000 to be paid, £50 per cent. out of proceeds of sale of shares, and £50 per cent. out of moneys borrowed by company: no shares were ever sold or money borrowed on winding-up the company: Held that vendor's lien was excluded by the form of contract.-Re Brentwood Brick & Coal Co., L.R. 4 Ch. D. 562; 25 W.R. 481.

(x.) C. A.-Price per Acre-Land Covered by Drain.-B. agreed to purchase at a specified price per acre land described as bounded by a public drain, and containing twenty-three acres or thereabouts, but to be surveyed: the land including the drain usque ad medium filum aquæ measured 23a. Or. 26p., of which the land covered by drain comprised la. Or. 33p.: Held that if the land covered by the drain was comprised in the conveyance B. was bound to pay for it at the specified price per acre.-Re Popple & Barratt's Contract, 25 W.R. 248.

(xi.) Ch. Div. M. R.-Statute of Frauds-Description of Vendor.-Held that in a contract for the sale of land the description of the vendors as proprietors in possession" was sufficient.-Rossiter v. Miller, 46 L.J. Ch. 229.

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(xii.) Q. B. Div.-Use and Occupation.-Where contract provides that in case of non-completion of purchase by named date, the purchaser shall pay interest on the purchase-money and receive the rents and profits, an action for use and occupation will lie against a vendor remaining in occupation. Metropolitan Rail. Co. v. Defries, L.R. 2 Q.B.D. 189; 36 L.T. 150; 25 W.R. 271.

Victoria, Law of :

(ii.) P. C.—Grant of Lands-Crown Rights.-A grant of waste lands in Victoria under Imperial Statute 5 & 6 Vict., c. 36, made before 1855, does not

transfer to grantee the rights of Crown in gold and silver found under the soil.-Woolley v. Attorney-General of Victoria, L.R. 2 App. 163; 36 L.T. 121.

Voluntary Gift:

(iii.) Ch. Div. V. C. B.-Invalid Declaration of Trust-Resulting Trust.— R. conveyed freeholds to C.: by the deed C. purported to pay a consideration, which, in fact, was never paid: R. continued to receive the rents till his death, after which C. executed a declaration that he held the property in trust for R.'s wife, who received the rents during her life, and purported to dispose of it by her will: Held that the declaration of trust was invalid, and that there was a resulting trust to the heir-at-law of the settlor.-Rudkin v. Dolman, 35 L.T. 791.

Warranty:

(i.) C. A.-Sale for Specific Purpose-Latent Defect.-Held, reversing decision of Q.B. Div., that on sale of an article for a specific purpose, there is an implied warranty of its fitness for such purpose, without any exception as regards latent defects.-Randall v. Newson, L.R. 2 Q.B.D. 102; 46 L.J. Q.B. 259; 36 L.T. 164; 25 W.R. 313.

Will:

(lxxii.) Ch. Div. V. C. B.-Construction-Annuity-Abatement.—Testatrix gave several annuities, and directed that if her residue should be insuffi. cient to pay them in full (which happened), all legacies above £100 should abate to "raise a further fund, and from the interest or income thereof to make up such deficiency:" Held that the abatement must be permanent, so as to entitle residuary legatee to the corpus of the fund from which the annuities were payable, and that the "deficiency" must be ascertained by taking the residue as it stood with the intermediate interest twelve months after death of testatrix.-Hichens v. Hichens, 36 L.T. 8; 25 W.R. 249.

(lxxiii.) Ch. Div. M. R.-Construction-Forfeiture Clause.-Bequest to A. for life, and after his death, to divide income among sons of B., so long as they should not deprive themselves of their interest in the fund, with gift over on such forfeiture: Held that a son of B., who became bankrupt, but obtained annulment of his bankruptcy during the life of A., did not forfeit his life interest.-Re Parkham's Trusts, 46 L.J. Ch. 80.

(lxxiv.) Ch. Div. V. C. H.-Construction - Maintenance · - Discretion of Trustees.-Gift on trust after death of testator's son to apply income for maintenance and support of any his widow for her life, and of his children until they should attain twenty-one, or marry, or of any or either such widow and children in such manner and proportions as the trustees should in their discretion think fit, and subject thereto on trust for children: son's widow married again without settling the income of the fund: son's youngest child attained twenty-one in 1870: Held that the trustees had discretion to pay income to widow for her separate use. -Austin v. Austin L.R. 4 Ch. 233; 46 L.J. Ch. 92; 36 L.T. 96; 25 W.R. 346.

(lxxv.) C. A.-Construction -"Other Daughters Surviving" - Period of Survivorship.-Gift in trust for such of testator's daughters as should be living at his death: income of each daughter's share to be paid to her during her life, with remainder in trust for her children, and in default of issue for testator's "other daughters, or other daughter surviving:" Held (reversing decision of V.C.H., see Will (lxiii.), p. 80), that period of survivorship referred to death of any daughter without leaving children.-Beckwith v. Beckwith, 46 L.J. Ch. 97; 36 L.T. 128; 25 W.R. 282.

(lxxvi.) Ch. Div. V. C. M.- Construction-Period of Distribution.—Gift

on trust for A. for life, and after his death the capital to be divided amongst the children of B. and their descendants, "but should there be none of them surviving," then as therein mentioned: Held that children of B. who survived testator took vested interests.-Re Dawes' Trusts, L.R. 4 Ch. D. 210.

(lxxvii.) Ch. Div. V. C. M.—Construction-Power.-Testatrix, after giving certain specific legacies, bequeathed the residue of her personal estate, without reference to her power of appointment over certain property, amongst objects of the power and another person: she was entitled at her death to a reversionary interest in a trust fund, besides the pro. perty subject to the power: Held that the will did not operate as an execution of the power.-Humphery v. Humphery, 36 L.T. 91.

(lxxviii.) Ch. Div. M. R.-Construction-Power.-Appointment of personalty to two persons as joint tenants, of whom one was not an object of the power: Held that the object of the power took one moiety, and that the other moiety went as in default of appointment.-Re Kerr's Trusts, L.R. 4 Ch. D. 600; 25 W.R. 390.

(lxxix.) Ch. Div. V. C. B.-Construction-Power of Sale.-Held, upon the construction of a will, that a power of sale therein contained, enabled the trustees and executors, after the death of a tenant for life, to sell and convey real estate devised by the will without the concurrence of the remaindermen.-In re Cooke's Contract, L.R. 4 Ch. 454.

(lxxx.) Ch. Div. M. R.- Construction-Remoteness.-Devise upon trust to pay income to testator's daughter during her life, and to the children during their lives, and in like manner to her children: Held that the gift to the unborn children of the daughter who was unmarried was not void for remoteness, and that the daughter took a life interest, and her children, if she should have any, would also take life interests, but that no decision could be given as to the ultimate remainder, being a future right.-Hampton v. Holman, 46 L.J. Ch. 248; 36 L.T. 287; 25 W.R. 459.

(lxxxi.) Ch. Div. V. C. H.-Construction-Renewal of Leaseholds.— Testator gave leaseholds to A. for life, with remainders over, and gave his residuary personal estate upon trust for renewal of the leaseholds. and subject thereto to A. for life, &c. : testator had allowed the time for renewal of part of the leaseholds to pass before the date of the will, and allowed the time for renewal of the rest also to pass during his lifetime, and his executor was unable to effect a renewal: it was also found that a sum was due from testator under a covenant to repair in respect of dilapidations: Held that A. was entitled to enjoy the leaseholds in specie, as if there had been no direction to renew and to have the dilapidations paid for out of the corpus of the residuary personalty.-Pinfold v. Shillingfold, 25 W.R. 426.

(lxxxii.) Ch. Div. V. C. M.-Construction-Residuary Bequest-Ejusdem generis. Bequest of "All I have power over, namely, plate," and other articles specifically enumerated: Held to pass the whole estate of testatrix.-King v. George, L.R. 4 Ch. D. 435; 35 L.T. 786; 25 W.R. 266. (lxxxiii.) Ch. Div. M. R.-Construction—Residuary Bequest—Ejusdem generis. -Bequest of "All my money, cattle, farming implements, &c.: Held to pass the general residuary personal estate of testator.-Chapman v. Chapman, 46 L.J. Ch. 80.

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(lxxxiv.) Ch. Div. M. R.-Construction-Residuary Gift-Trust Estate.Held that a devise of residuary real and personal estate after gifts of legacies does not pass trust estates in realty.-Re Bellis's Estate, 25

W.R. 456.

(lxxxv.) Ex. Div.-Construction- Residuary Bequest-Real Estate.-Held that a bequest of "household furniture, linen, glass, china, plate, farming

stock, and all my personal estate and effects

or whatever I may be possessed of at my decease," was sufficient to pass real estate.— Evans v. Jones, 36 L.T. 218.

(lxxxvi.) Ch. Div. M. R.-Construction.-" Survivors."-The rule of construction as to the word "survivors where all the shares are settled applies also where some of the shares are settled and the others not settled, so that survivors means those who survive either by themselves or their stirpes.-Lucena v. Lucena, 36 L.T. 87. (lxxxvii.) Ch. Div. V. C. H.-Illegitimate Children-Non-access.-Testator gave property "in trust for all the children, or any, the child of B." a married woman, who then had issue one child born before marriage, one born shortly after her voluntary separation from her husband, and three born long afterwards while she was living with another man: the evidence of the husband was admitted to prove non-access, and these three children were consequently pronounced to be illegitimate, and it was held that as it was still possible for B. to have future legitimate children, the child born shortly after the separation was alone entitled to benefit by the gift. Re Yearwood's Trusts, 25 W.R. 461. (lxxxviii.) P. D. A. Div.-Lost Will-Evidence-Admissions Against Interest -Copy.-A deed whereby a person mortgaged his life interest under a will was admitted as evidence of the existence of the will: a copy of the will found after fifty years among papers of an executor thereof was also admitted as evidence of the will.-Sly v. Dredge, 25 W.R. 463. (lxxxix.) Ch. Div. V. C. H.-Presumption of Death.-Testator gave property to his nephews living at his death, and the issue of such as should pre-decease him leaving issue, and died in 1858: one of his nephews emigrated in 1848, and occasionally wrote to his family till 1852, when nothing more was heard of him: Held that the nephew must be presumed to have died, without issue, before testator's death.—In re Hanby, 25 W.R. 426.

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