(ix.) App. Div. Ct.-Cruelty to Animals-Impounding.—A pound-keeper cannot, under 12 & 13 Vict. c. 92, s. 5, be convicted for neglecting to provide animals impounded with necessary food and water.-Dargan v. Davies, 25 W.R. 230.

(x.) C. C. R. Embezzlement.-It was the duty of prisoner, the chief manager of an insurance office, to receive remittances from branch offices and hand them over to the cashier: he received two cheques so remitted and indorsed, and cashed them through private friends, and on the same day paid the amount received to the cashier to be put against his salary, which was overdrawn, and took a receipt from the cashier: Held that prisoner was properly indicted for embezzlement.-Regina v. Gale, 35 L.T. 526. (xi.) C. C. R.-Embezzlement-Broker.-Prisoner was entrusted with marine policies to collect what was due on them, and paid what he received to his own account at his bankers: his outlay for premiums and commission was owing to him: he never paid over the sums received by him, but filed petition for liquidation: jury found that the policies were intrusted to prisoner for the special purpose of forthwith paying the proceeds over: conviction quashed on the ground that the finding was unsupported by evidence.- Regina v. Tatlock, L.J. 46, M.C. 7; 35 L.T. 520.

(xii.) C. C. R.-False Pretences-Evidence-Entries not made by witness.Prisoner gave a falsified list of days during which workmen had been employed to clerk A., who entered the same in the time book; on the pay day these entries were read out in the hearing of B., the pay clerk who paid the wages calculated accordingly: Held that the time-book was properly admitted at the trial to refresh B.'s memory.-Regina v. Langhton,

35 L.J. 527.

(xiii.) C. C. R.—Larceny-Bill of Exchange.-Prisoner, the drawer of a bill for £200, which prosecutor accepted and delivered to him to get discounted, took it to creditors of his own, indorsed as his own, in payment of his own debt to them: the jury found it was prisoner's intention to pass the property in the bill absolutely to the creditors: Held that prisoner was rightly convicted as a bailee of the bill under 24 & 25 Vict. c. 96, s. 3.Regina v. Oxenham, 35 L.J. 490.

(xiv.) App. Div. Ct.—Trespass in pursuit of Game-Claim of Right.-Appellant, a gamekeeper in employment of lessees of shooting from the lord of the manor of W., who claimed right to shoot over part of the glebe, was charged with trespass on the glebe; he proved that he went on the land by his employer's orders, but not that the land in question was the disputed part of the glebe: Held that the conviction was right.-Birnie v. Marshall, 35 L.T. 373.

Debtor and Creditor :

(vi.) Ex. Div.-Crown Dest-Costs of Appeal to II. L.-A recognisance for costs of appeal to House of Lords constitutes a Crown debt; a person whose recognisance had been estreated, and who had been imprisoned, was released by favour of the Court on giving a promissory note for his debt. -Re A. H. Smith, L.J. 46, Ex. 73; 25 W.R. 184.

(vii.) Ch. Div. V. C. H.-Executor-Retainer.-A creditor after having proved his debt in the cause, bequeathed it to the executrix of testator: Held that the executrix did not acquire a right of retainer in respect of such debt.-Jones v. Evans, L.R. 2, Ch. D. 420; L.J. 45, Ch. 751; 24 W.R. 778.

(viii.) C. P. Div.-Fraud.-Debtor assigned all his estate to defendants, two of his creditors, for the benefit of all his creditors, on an agreement with defendants that in consideration of his so doing they would pay him back £50: Held that the agreement was a fraud upon the creditors and void.-Blacklock v. Dobie, L.R. 1, C. P. D. 265; L.J. 45, C.P. 498; 35 L.T. 338; 24 W.R. 674.

Defamation :

(iii.) C. A.-Slander-Privilege of witness. Decision of C. P. Div., see Defamation (ii) affirmed.-Seaman v. Netherclift, 25 W.R. 159. Detinue:

(i.) Ex. Div.-Acquittal of prisoner--Detention of property-Action against constable.-Plaintiff was tried for stealing a diamond ring and acquitted; defendant, a police superintendent, within a reasonable time of the acquittal, applied to magistrate for order under 2 and 3 Vict., c. 71, s. 29. as to disposal of the property; the magistrate having adjourned the hearing, the superintendent detained the ring: Held that an action against the superintendent for detention and conversion was not maintainable. - Bullock v. Dunlop, 35 L.T. 633; 25 W.R. 98.

Easement:

(i.) C. P. Div.-Light.-The owner of a house sold adjacent land without reserving his right to lights: the purchaser built on the land, part of which was alleged to be a public street: Held that an action for obstrution of ancient lights by building was not maintainable.-Ellis v. Manchester Carriage Co., L.R. 2, C.P.D. 13; 25 W.R. 229; 35 L.T. 476.

(ii.) Ch. Div. V. C. H.-Light-Air-Mandatory Injunction.-Where plaintiff had only a life interest, and the obstruction interfered with present enjoyment, but did not injure saleable value of the property: the Court refused mandatory injunction, and gave nominal damages.-Perkins v. Slater, 35 L.T. 356.

(iii.) Q. B. Div.-Right to Support.-Defendant employed contractor to rebuild his house; the latter undertook to prevent or make good any damage to adjoining house of plaintiff: Held that defendant was liable for injury by insufficiency of support of plaintiff's house.-Bower v. Peate, L R. 1, Q.B.D. 321; L.J. 45, Q.B. 446; 35 L.T. 321. Ecclesiastical Law:

(vi.) Ch. Div. V. C. B.-Advowson.-An advowson was vested in trustees for the parishioners and ratepayers who on a vacancy had right of electing incumbent, the churchwardens carried out the election against the wishes of the electors according to former custom: Held that the electors were entitled to adopt what mode of election they thought fit, but that, it not having been proved that the result would have been different if the election had been according to their wishes, the election could not be set aside. Shaw v. Thompson, L.R. 3, Ch. D. 233; L.J. 45, Ch. 827; 34 L.T. 721.

(vii.) H. L.-New Parish-Churchwardens -Custom-Private Act.- The parish of D. contained four hamlets, D., W., M, and B.; the churchwardens of hamlet D, which contained the parish church, were elected, one by the rector, the other by the parishioners; the churchwardens of hamlet M. were elected independently of D. by the inhabitants, and the right was confirmed by a legal decision in 1872; a private Act created D. and W. one parish, M. another, and B. a third, and provided that the churchwardens of each should be elected as those in D. had hitherto been: Held that the right of the inhabitants of M. to elect both churchwardens was impliedly abrogated by the private Act.-Green v. The Queen, L.R. 1, App. 513; 35 L.T. 495.

Election:

(vii.) C. A.-Local Board-Decision of Chairman.-11 & 12 Vict. c. 63, s. 27.Held, affirming decision of Q. B. Div., that at the election of members of a Local Board of Health, the decision of the returning officer as to the validity of votes is conclusive, but that errors in casting up votes may be rectified. Reg. v. Collins, L.R. 2, Q.B.D. 30.

(viii.) B. Div.-Municipal Election-Mandamus.-J., a town councillor, compounded with his creditors and ceased to act till expiration of period of oflice, but no declaration of avoidance of office was made by the

Council: on November 1st, three offices besides J.'s became vacant: all the candidates having been nominated by the same person, the Mayor declared the nominations void, and the returning officer declared that the retiring councillors, including J., were re-elected: Held that J. was a retiring councillor within 22 Vict. c. 35, s. 8, subsection 4, and that no mandamus would issue for a fresh election.-Reg. v. Mayor, &c., of Welchpool, 35 L.T. 594.

(ix.) C. P. Div.--Parliamentary Franchise.-Grantee of a 40s. freehold rentcharge issuing out of a reversion, is entitled to vote for county.-Dawson v. Robins, L.R. 2, C.P.D. 38; L.J. 46, C.P. 62; 35 L.T. 599; 25 W.R. 212. (x.) C. P. Div.-Parliamentary Franchise-Alms.-2 Will. iv., c. 45, s. 36.— Property was devised to trustees upon trust to distribute "to the poorest inhabitants," as the trustees should think fit: Held that persons who received grants from this charity were disqualified from voting.-Harrison v. (arter, L.R. 2, C.P.D. 26; L.J. 46, C.P. 57; 35 L.T. 511; 25 W.R. 182. Evidence:(iii.) Ch. Div. M. R.-Admissibility-Entries against interest.-Held that entries by a deceased person of payment of interest to him were admissible as evidence for all purposes, as being primâ facie against interest.Taylor v. Witham, L.R. 3 Ch. D. 605; L.J. 45 Ch. 798; 24 W.R. 877.

Fishing:

(ii.) App. Div. Ct.—Public right—Non-tidal river.—No public right of fishing can exist in law in a non-tidal river, made navigable by locks.-Mussett v. Burch, 35 L.T. 486.

Fraud:

(i.) Q. B. Div.—Release obtained by misrepresentation.-Where in an action for injury by a railway accident it was alleged that a release by plaintiff of all claims against the company had been obtained by fraudulent misrepresentations of fact and legal effect, demurrer overruled. -Herschfield v. London, Brighton, and South Coast Rail. Co., L.R. 2 Q.B.D. 1; 35 L.T. 473.

Highway:

(v.) App. Div. Ct.-Surveyor-Removal of private culvert.-Appellant, a highway surveyor, removed a private culvert, laid down by respondent on the highway, as a nuisance thereto, and was summoned before justices by respondent for malicious injury to property; the justices found that appellant had not acted under reasonable supposition of right. Held that conviction was wrong.-Denny v. Thwaites, 35 L.T. 628.

Husband and Wife :

(vi.) Ch. Div. V. C. B.-Bankruptcy of Married Woman.-Where proceedings in bankruptcy were pending against a married woman trading separately from her husband, Held that plaintiff must either get the proceedings annulled, or apply for relief in bankruptcy.-Day v. Freund, 35 L.T. 551 ; 25 W.R. 222.

(vii.) P. D. & A. Div.-Desertion.-Husband with wife's consent left her and went to Australia; he never sent her any money, and after four years ceased corresponding with her, and formed an adulterous connection : Held that he was guilty of desertion.-Strickland v. Strickland, 35 L.T. 767; 25 W.R. 114.

(viii.) PD. & A. Div.-Divorce—Apportionment of Damages.—Under the circumstances of the case a sum of £5000 was awarded to petitioner as damages in a divorce suit, and was ordered to be apportioned as follows:£1500 to be settled on child of the marriage, in case of his death to revert to petitioner; petitioner's extra costs to be paid; £1500 to be paid to petitioner; the balance to be invested in purchase of an annuity for life

of respondent, payable to her dum casta vixerit, but to revert to petitioner on forfeiture or her re-marriage.-Meyern v. Meyern and Myers, 25 W.R. 115.

(ix.) P. D. & A. Diy.-Divorce-Queen's Proctor.-Where the Queen's Proctor appeared to show cause against a decree nisi on wife's crosspetition being made absolute, and filed affidavits charging additional acts of adultery not charged in husband's petition, and wife filed affidavits denying such charges, the Court ordered an issue to be settled for trial by jury.-Studholme v. Studholme and Cullum, 25 W.R. 165.

(x.) P. D. & A. D.-Nullity suit-Delay.-Parties were married in 1849; the cohabitation was interrupted by long separations on the alleged ground of husband's ill-treatment; in 1875 the wife brought a suit for nullity of marriage on the ground of the husband's impotence, which was proved: Held that unreasonable delay disentitled petitioner from relief.-R. (falsely called W.) v. W., L.J. 45, P.D.At. 89; 25 W.R. 25.

Infant:

(i.) Ch. Div. M. R.-Custody.-The custody of an infant is entirely within the discretion of the Court who primarily consider the infant's interests. -Re Taylor, 25 W.R. 69.

(ii.) Ex. Div.-Tort independent of contract.-Defendant hired a mare and dog-cart from plaintiff on condition of taking with him only one person; he took with him three other persons, and so over-drove and ill-treated the mare that she was seriously injured, and had to be destroyed: Held that, besides breach of contract, defendant had committed an independent tort to which a plea of infancy was no defence.— Walley v. Holt, 35 L.T. 631.

Insurance :

(xi.) C. A.-Dissolution.-Deed of settlement of R. N. Society provided that property of the Society should alone be answerable for claims, and also that business might be transferred; the Society granted an annuity to D., which declared that the property of the Society should be liable to pay the annuity; subsequently the R. N. Society transferred its business to the E. Society: Held that notwithstanding omission of reference to the deed of settlement in the annuity deed, D. could only claim against E. Society.-Re European Assurance Society, Dowse's Case, L.R. 3, Ch.D. 384; 35 L.T. 653.

(xii.) H. L.-Marine Insurance—Insurable Interest.-Ship, whose cargo was insured by plaintiff, suddenly sank, while anchored in harbour: part of cargo, which had been shipped, was lost, but part was not yet shipped: Held that (1) upon the facts there was evidence of peril insured against, (2) on construc ion of policy plaintiff had no insurable interest in cargo till whole was shipped.-Anderson v. Blorice, L.J. 46, C.P. 11; 35 L.T. 566; 25 W.R. 14.

(xiii.) C. A.-Novation.-M. effected policy with B. N. Association, which subsequently amalgamated with E. Society; afterwards a memorandum was indorsed on policy, declaring that parts of E. Society should be liable provided the premiums should be paid to the E. Society: the premiums were accordingly so paid: Held that there was complete novation, and that M. could not claim against B. N. Association.-Re European Assurance Society. Miller's Case, L.R. 3, Ch. D. 391.

(xiv.) C. A.-Registration-Contributory.-Held that a past member of an insurance company, originally registered under 7 & 8 Vict. c. 110, but compulsorily registered under (ompanies' Act, 1862, s. 209, was liable as a contributory under s. 38.-Re European Assurance Society. Ramsay's Case, L.R. 3, Ch. D. 388; 35 L.T. 654.

Landlord and Tenant:

(ix.) Ch. Div. V. C. B.-Agreement for Lease-Minerals—Specific Perform

ance.-Agreement for lease by A. to B. and C. of a vein of coal under a certain farm for 60 years at £100 a year dead rent with royalties; B. and C. entered and tried for coal without success: Held that there was no guarantee by A. that the subject matter of the agreement had any existence, and that he was entitled to specific performance of the agreement of B. and C. to take the lease. -Jefferies v. Fairs, 25 W.R. 227.

(x.) Q. B. Div-Forfeiture-Waiver.-An actual waiver without any express waiver in writing is sufficient to satisfy 22 & 23 Vict. c. 35, 8. 6.— Mills v. Griffiths, L.J. 45, Q.B. 771.

(xi.) Ch. Div. M. R.-Lease-Charitable Corporation, 13 Eliz. c. 10—Void or voidable-In 1873 a charitable corporation granted a 99 years' lease at a peppercorn rent, and not in conformity with the Statute against Frauds defeating Remedies for Dilapidations. Held that the lease was not void but voidable, and that defendant's title under Statute of Limitations only began to run, when the successors of the original lessors determined to avoid the lease.-Magdalen Hospital v. Knott, 25 W.R. 181.

(xii.) Ch. Div. V. C. M.-Lease-Covenant for renewal.-Trustees having power to lease at rack rent for 21 years, granted 14 years' lease to W. of premises partly freehold partly leaseholds held by them for 14 years, but renewable by custom on payment of a fine, they also covenanted to use best endeavours to obtain such renewal when they would grant a further lease for 7 years on same terms; the property having increased in value renewal of the lease to the trustees on the former terms was refused. Held that the trustees were bound to use their best endeavours to obtain renewal, and if they failed that W. was entitled to further 7 years' lease of the freeholds only.-Salamon v. Sopwith, 35 L.T. 463.

(xiii.) C. A.-Lease-Discrepancy-Habendum and Reddendum-Counterpart.— Decision of C. P. Div., see Landlord and Tenant (viii.) reversed.Burchell v. Clark, 35 L.T. 690.

(xiv.) Q. B. Div.-Mining lease-Rates.-A contract under Rating Act, 1874, s. 8, that tenant under mining lease shall pay all rates must expressly refer to future legislation.-Duke of Devonshire v. Barrow Hematite Steel Co., 35 L.T. 474; 25 W.R. 60.

(xv.) Ch. Div. V. C. B.. - Stall-Exclusive Right of Sale.-An injunction will lie to restrain breach of a covenart by lessor of a stall in a public building that lessee should have exclusive right of sale of specified goods. — Altman v. Royal Aquarium Society, L.R. 3, Ch. D. 228.

Lands Clauses Act :

(vii.) Q. B. Div.-Compensation-Arbitration.-A railway company offered £315 to G. as compensation for lands taken and injuriously affected; G. went to arbitration, and also had the deposit to be paid by the company, on taking possession, assessed by a valuer named by the Board of Trade, at £472: pending the arbitration, the company offered this amount to G., who accepted it; the umpire's award was £447: Held that G. was entitled to costs, taxed under Lands Clauses Consolidation Act, 1869.-Gray v. N. E. Railway Co., L.R. 3, Q.B.D. 696; L J. 45, Q.B. 818; 24 W.R. 758.

(viii.) Q. B. Div.-Compensation-8 Viet., c. 18, s. 121.-Justices may award compensation to a lessee whose term has less than a year to run.Reg. v. Great Northern Rail. Co., L.J. 46, M.C. 4; 35 L.T. 551; 25 W.R. 41.

(ix.) Ch. Div. V. C. H.-Compensation.- Money paid into Court by Railway Company for purchase of Corporation Lands, ordered to be applied to redemption of mortgages of tolls and bonds of the Corporation affecting their lands. In re Derby Municipal Estates, L.R. 3, Ch. D. 289;. 24 W.R. 729.