ACCOUNT-1. Account for rents-Purchaser for value evicted by
title paramount-Principles of account-Rents lost through neglect.
Howell v. Howell
2. Of county treasurer-Custody of books. See Mandamus, 1.
3. Overseers-Right of ratepayer to inspect. See Rate, 1.
ACQUIESCENCE.
way Company, 2.
See Arbitration; Common, 1; Trust, 3; Rail-
ADVOWSON. See Ecclesiastical Law, 1.
ARBITRATION-Award-Order of Court-Arbitrator-Excess of
authority-Increase of verdict-Objection to award-Waiver and
acquiescence. Hayward v. Phillips
ASSETS Marshalling. See Executor and Administrator, 1.
AUCTIONEER. See Injunction, 2.
BANKRUPTCY-1. Property of bankrupt-Bills remaining in
specie Bills not due remitted to agent for particular purpose.
Jombart v. Woollett
2. Protected transaction-Sale by servant of bankrupt after
act of bankruptcy committed-General authority of servant-Con-
version. Pearson v. Graham
644
3. Proof-Creditor's suit-Specialty creditor holding col-
lateral security. Mason v. Bogg
111
BILL OF EXCHANGE-Presentment for payment-Delay-No
effects in hands of drawee and no expectation of payment. Terry v.
Parker.
BOND-1. Given for collateral purpose-Satisfaction-Equitable
release of debt. Flower v. Marten
2. For due performance of building contract-Advances to
builder in excess of work done-Damages, measure of.
Warre v.
Calvert.
BOUNDARY-Evidence of. See Evidence, 2-4.
CHARITY AND CHARITABLE TRUST-1. School-scheme-
Residence of master-Jurisdiction of visitor. Att.-Gen. v. Smythies 24
CHARITY AND CHARITABLE TRUST-2. School-scheme-An
institution for the maintenance and education of poor children,
founded in 1617, and chartered in 4 Car. I. (1628), held to be not
exclusively a Church of England charity. In re Norwich Charities 52
3. Appointment of trustees-Discretion of master-Old trustees
not reappointed. In re Norwich Charities.
And see Corporation (Municipal), 2.
CHARTER - Construction- Meaning of "inhabitants" in. Rex
v. Mashiter
COLLEGE—Election of master-Effect of long and undisturbed
possession in influencing the decision of a visitor, in a case where
the right may be doubtful. In re Downing College.
-Acquiescence-Presumption of licence
by lord-Breaking down fences-Revocation of licence. Doe d. Beck
v. Heakin
546
2. Rights of-Prescription-Plea must claim right as used
for thirty years before commencement of suit-Trespass. Richards v.
Fry
816
COMPANY-1. Contract by A corporation aggregate may be
sued in indebitatus assumpsit for goods sold and delivered, though the
contract be not under seal. Beverley v. Lincoln Gas Light and Coke
Company
Contract not under seal-Agreement to take gas
from company-Consideration. Church v. Imperial Gas Light and Coke
Company
CONTEMPT OF COURT-Barrister and Member of Parliament-
Threatening letter addressed to Master to induce him to alter his
opinion in a case before him-Repetition of contempt in subsequent
letter to Lord Chancellor - Privilege of Parliament. Lechmere
Charlton's case
CONTRACT—1. Building contract-Damages for non-performance
-Measure of damages-Advances to builder in excess of work done
--Liability of surety. Warre v. Calvert
694
2. Contract by corporation for goods sold-Agreement not
under seal. Beverley v. Lincoln Gas Light and Coke Company
3. Agreement with gas company to take gas-Breach
of contract-Agreement not under seal-Consideration. Church v.
Imperial Gas Light and Coke Company.
638
4. Specific performance-Parties to suit. Tasker v. Small 211
5. Statute of Frauds-Parol contract-Part performance-
Interest in lands- Undertaking to furnish house. Mechelen v.
Wallace.
669
6. Unlawful agreement-Jurisdiction in equity to order
delivery up of supposed unlawful document. Simpson v. Lord Howden
Agreement for illegal partnership. See Partnership.
COPYHOLD—Manor-Evidence of existence of Court held thirty-
five years previously. Doe d. Beck v. Heakin .
COPYRIGHT-1. Injunction - Piracy - Reprints of law reports
in a book of "Leading" Cases-Application for an injunction
before trial at law-Conduct of plaintiffs calculated to induce
defendants to believe that course taken by them would not be
objected to by plaintiffs. Saunders and Benning v. Smith and
Maxwell
367
Power to make extracts-Question of piracy does not
necessarily depend upon quantity of work quoted or introduced.
Bramwell v. Halcomb
CORPORATION (MUNICIPAL)-1. Borough funds-Appropria-
tion to ecclesiastical endowments within borough - Breach of
trust-Jurisdiction of Court-Municipal Corporations Act. Att.-Gen.
V. Aspinall
2. Charitable trust-Property appropriated by a municipal
corporation, to the maintenance of lecturers to preach before the
corporation-Municipal Corporations Act. In re The Oxford Charities
3. Charter-Election of justice of peace-Electors-"Inhabi-
tants," whether word of definite legal meaning. Rex v. Mashiter 433
And see Rex v. Davie
4. Councillor-Election-Proceedings by ousted councillor-
Mandamus in favour of councillor displaced or quo warranto.
Mayor of Orford.
5. Public officer-Compensation for loss of office-Municipal
Corporation Acts-Clerk to justices-Subsequent appointment as
clerk of the peace-Treasury Orders-Jurisdiction of commissioners—
Mandamus. Rex v. Mayor of Bridgewater
6. Quo warranto-Election of councillor-Defect in burgess
roll-Relator not a burgess-Ground for information. Rex v. Purry
7.
Leave to file information against individual cor-
porator at instance of private person-Proceedings likely to dissolve
corporation. Rex v. Parry
8. Several applications arising out of same election-Stay of
proceedings. See Practice, 9.
COSTS. See Practice, 1-3; Solicitor, 2-4.
CROWN GRANT-Grant of mine with duties of lot and cope-
Grant of office of barmastership-Grantee having incompatible
interest-Grant of office void. Arkwright v. Cantrell
DEFAMATION-Libel-Mitigation of damages-Whether defen-
dant may show, in mitigation, that he was provoked to issue the
libel by publications of plaintiff reflecting upon him-Necessity of
showing that libel which defendant complains of came to his know-
ledge before he libelled the plaintiff. Watts v. Fraser.
DISCOVERY. See Practice, 4, 5.
DISTRESS, for rent. See Landlord and Tenant, 3, 4.
ECCLESIASTICAL LAW-1. Advowson-Plurality-Institution
to second living while still retaining first-Sale of advowson of first
living-Simony-Right to sue for tithes. Alston v. Atlay . 731
2. Chapel-Lease held upon express trust-Breach of trust-
Suit by trustees and pew-holders against the remaining trustees
-Pleading-Amendment of bill-Parties. Milligan v. Mitchell. 217
3. Churchwarden - Election - Mode of taking election -
Mandamus. Rex v. Churchwardens of Birmingham
ELECTION. See Husband and Wife.
ESTOPPEL-1. Bill of lading
Whether shipowner estopped
from denying shipment of goods mentioned in bill of lading. Berkley
v. Watling
660
2. Misrepresentation Estoppel by conduct-Goods seized
and sold while in possession of third party-Inference that sale
authorized by true owner. Pickard v. Sears
538
3. By record-Plea of proceedings in another Court-Neces-
sity of showing identical nature of issue and subject-matter in both
suits. Behrens v. Sieveking
4. Sale of Goods-Broker-Liability on bought note.
Sale of Goods, 1.
And see Railway Company, 2.
EVIDENCE-1. Affidavit of another person used on motion-
Whether on any subsequent occasion admissible as evidence
against him who so used it. Brickell v. Hulse
2. Of boundary-Evidence that boundary of two estates is
the same as that between two hamlets-Reputation as to boundary
of hamlets. Thomas v. Jenkins.
. 560
Boundary of manor-Ancient document-Document
purporting to be survey of manor produced from Duchy of Lancaster
office. Evans v. Taylor
775
Parish boundaries-Entries in parish books as to line
of perambulation. Taylor v. Devey.
5. Highway-Proof of road being public-Reputation-State-
ment of deceased person-Evidence that person since dead had
planted tree by roadside to mark boundary. Reg. v. Bliss . . 757
6. Ejectment on demise of S.-Evidence to show that a
deceased party, in receipt of the rents, executed a deed, charging
the land with annuity, in which he stated S. to be owner of fee, and
himself to hold for life, by permission of S. Doe d. Daniel v. Coulthred
EVIDENCE-7. Confidential communication-Communication made
to client in solicitor's presence. Desborough v. Rawlins.
8. Foreign document - Copy of charter - party entered in
notary's book. Brown v. Thornton
9. Declaration of person in loco parentis, whether admissible on
question of intention to provide portion for child to whom he stands
in that relation. Powys v. Mansfield
277
10. Witness-Examination under commission-Commission
directed to foreign Court-Copies of minutes of evidence certified by
actuary and transmitted under seal of Court, admissibility of. Clay
v. Stephenson.
708
Re-examination - Whether witness, after cross-
examination as to what plaintiff said in a particular conversation,
can be re-examined as to other assertions, made by the plaintiff in
the same conversation, but not connected with the assertions to
which the cross-examination related. Prince v. Samo .
783
EXECUTION-Equitable execution-Judgment creditor-Reme-
dies against lands of debtor-Consideration of the origin and nature
of the remedies afforded by courts of equity where elegit impracticable.
Neate v. The Duke of Marlborough.
EXECUTOR AND ADMINISTRATOR-1. Administration-Assets,
marshalling-Direction to pay debts and legacies-Implied charge
on real estate passing under residuary bequest. Mirehouse v. Scaife
164
Action by judgment creditor-Plea of plene adminis-
traverunt-Produce of insurance policy mortgaged to one executor.
Glaholm v. Rowntree
Refunding legacies-Breach of trust-Acquiescence-
Right to call on surviving legatees of trustee, and personal repre-
sentatives and legatees of his deceased legatees to refund. March v.
Russell
Breach of trust- Married woman administratrix-
Money deposited with bank in joint names of husband and co-
administrator-- Misapplication of funds by co-administrator after
husband's death-Liability of husband's estate. Clough v. Bond 314
Liability for debts-Admission of assets-Breach of
trust committed by testator-Claim after distribution of assets.
Knatchbull v. Fearnhead
Liability of administrator for wrongful act of intestate
-Action for money had and received by intestate for coal tortiously
taken by him from plaintiff's land, sold by him, and for which he
has received the money. Powell v. Rees
FOUNDLING HOSPITAL-Extra-parochial nature of-Discretion
of governors to receive children. See Poor Law, 4.
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