(xxxvi.) P. D. & A. Div.--Forfeiture-17 & 18 Vict., c. 104.-Where a British subject by false representations to customs officers assumes a foreign character for his ship, he commits an offence against Merchant Shipping Act, 1854, s. 103, and thereby renders ship liable to forfeiture.-The Sceptre, 35 L.T. 429.

(xxxvii) P. D. & A. Div.-Foreign ship-Jurisdiction.-The arrest necessary to give the High Court jurisdiction under 3 & 4 Vict., c. 65, must be in a cause within its jurisdiction; the High Court will on intervention of a foreign consul or by consent of parties, entertain a cause of possession or mortgage of a foreign ship, and may order sale of ship.-The Evangelistria, 35 L.T. 410. (xxxviii.) Q. B. Div.-General average.-Where in peril ship's furniture is used as fuel for the pumping engine, shipowner is not entitled to general average against owners of cargo, unless there was a reasonable supply of fuel at commencement of voyage.-Robinson v. Price, L.J. 46 Q.B. 22; 25 W.R. 112.

(xxxix.) P. D. & A. Div.-Master-dismissal.-The Court may order dismissed Master to deliver up ship's certificate of registry and papers: Semble, the master has no lien on them in case of wrongful dismissal. -The St. Olaf,

35 L.T. 428.

(xl.) C. P. Div.-Master-dismissal.- Master, in absence of express stipulation in contract of hiring, is entitled to reasonable notice of dismissal.-Creen v. Wright, 35 L.T. 339.

(xli.) C. P.

Diy.—Mortgage-Registration.—Omission to register a mortgage of a ship postpones it to a subsequent registered mortgage, but affords no answer to first mortgagee's claim to freight as against purchaser of cargo without notice: it is good as against equitable assignment of freight to a third person. Keith v. Burrows, L.R. 1 C.P.D. 722; L.J. 45 C.P. 876; 35 L.T. 508; 25 W.R. 43.

(xlii.) C. A.-Salvage.--Held that an agreement between the master of a wrecked ship and the captain of a ship in service of Indian Government, whereby the latter was to receive half the value of cargo salved, must be set aside as being exorbitant, and because the captain had no right to impose terms for salvage services.-The Cargo ex Woosung, 25 W.R 1.

(xliii.) P. D. & A. Div.-Salvage.-Where, an agreement for salvage and apportionment of salvage money having been made, additional services outside the agreement are rendered, all the salvors, even if not actually engaged in the further operations, are entitled to share in reward.-The Cadiz and the Boyne, 35 L.T. 602.

(xliv.) P. D. & A. Div.-Wages-Waiver of Proceedings.-Where the proceeds of a ship sold on default of appearance were in Court, it was ordered that all preliminary proceedings in a cause of wages should be waived, and the money paid out of Court.-The Julina, 35 L.T. 410. Solicitor :

(iv.) Ch. Div. M. R.-Articled Clerk-Service.-In 1861 W. was articled to R.; in 1863 his articles were cancelled; in 1865 he re-entered R.'s service and left in 1867, his articles not being concelled; in 1869 his articles were assigned to L., with whom he remained till five years of service were completed.-Held that there was an implied cancellation of articles in 1867, within 6 & 7 Vict. c. 73, s. 13, and that the different periods might be taken as one period of service.-Ex parte Williamson, 35 L.T. 695.

(v.) Ch. Div. M. R.-Articled Clerk-6 & 7 Vict. c. 73, s. 3.-Service under parol contract, after expiration of five years' articles, is not service under contract in writing, as required by the statute: and articles cannot be extended or varied by parol.-Ex parte Adams, L.R. 4 Ch.D. 49; L.J. 46 Ch. 42; 35 L.T. 751; 25 W.R. 54.

(vi.) Ch. Div. M. R.-Investment of clients' money-Trust-Estoppel.-W. entrusted to P., his solicitor, £7700, which he arranged with P.'s clerk should be invested on mortgage of leaseholds at Camden Town, which investment P. subsequently informed him by letter had been made, " ag arranged with my clerk; " P. having died insolvent, it was found that no mortgage in favour of W. existed, but that P. had advanced £100,000 in his own name on security of the leaseholds: Held that P., and those claiming under him, were estopped from denying that the £7700 was part of the £100,000.--Middleton v. Pollock, Ex parte Wetherall, L.R. 4 Ch.D. 49; L.J. 46 Ch. 39; 35 L.T. 608; 25 W.R. 94.

(vii.) C. P. Div.-Lien.-H. employed defendant, a solicitor, to take proceedings regarding certain shares and deposited the certificates as security for costs; he afterwards sold the shares with notice of the lien to plaintiff who retained defendant to continue proceedings. Held that defendant was entitled notwithstanding acceptance of retainer to hold cheques received by him in exchange for the shares as security for H.'s costs.General Share and Trust Co. v. Chapman, L.J. 46 Ch. 79.

(viii-) Ch. Div. M. R.-Retainer-Costs—Journey.-A solicitor retained on behalf of a company took a journey to Paris without special instructions, for the purpose of compromising a suit against the company. Held that he could not claim costs and expenses of the journey.-Re Snell, 25 W.R. 40.

Tramway

(i.) Q. B. Div.- Superintendence by Road Authority-33 & 34 Vict., c. 78. — On the construction of the Tramways Act, 1870, ss. 26, 28, and having regard to the mode in which the tramway was laid down, Held that plaintiffs, the Road Authority, were not entitled to claim defendants' cost of superintendence and inspection of the work. - Vestry of St. Luke's v. North Metropolitan Tramways Co., L.R. 1 Q.B.D 760: 35 L.T. 329.

(ii.) C. A.-Winding-up-Parliamentary deposit.-An Act of Parliament incorporating a Company provided that the deposit should in the discretion of the Court "if the Company is insolvent and has been ordered to be wound up," be paid to the receiver or liquidator. Held, reversing decision of V.C.M.. that the discretion did not arise on the winding-up order, nor until calls to the extent of the whole unpaid capital had been made.-Re Bradford Tramway Co., L.R. 4 Ch. D. 18; 25 W.R. 88.

Trustee

(iii.) C. A.—Breach of Trust.-Testator devised real estate to one of his executers and trustees for life, with remainder over: the devisee committed breaches of trust, and then filed petition for liquidation: Held that the life estate being legal was not liable as against the trustee in liquidation, to make good the losses caused by the breaches of trust.-For. v. Buckley, L.R. 3 Ch. D. 508; 25 W.R. 170.

(iv.) Ch. Div. V. C. H.-Trustee Act, 1850.-The Court will appoint trustees of a will indicating intention to create a trust, thongh no trustees have been appointed by the testator.-In re Gillett's Trusts, 25 W.R. 25.

(v.) Ch. Div. V. C. M-Trustee Act, 1850, ss. 2, 10.—Mortgage.—One of three joint mortgagees (trustees) having gone abroad, the mortgage was transferred by deed: afterwards a new trustee was appointed in his place: Held that the former trustee not having conveyed his outstanding legal estate, the Court had jurisdiction under the Trustee Acts to vest the same in the transferee.-Re Walker's Mortgage Trusts, L.R. 3 Ch. D. 209. (vi.) C. A.-Trustee Act, 1850-Vesting Order.-Where new trustees had been appointed in the place of a sole trustee who died intestate, and had no legal personal representatives: Held (reversing decision of M.R.) that the Court had power under s. 34 to make an order effectually vesting the leaseholds in the new trustees.-Re Dilgleish's Trusts, 25 W.R. 122.

Vendor and Purchaser:

(iv.) Ch. Div. V. C. M.-Covenant running with the land.-A purchaser of land whereon was a well, covenanted to erect a pump and supply water to all houses on vendor's adjoining land: Held that the covenant ran with the land, but that independently of that it was binding on a sub-purchaser with notice, also that erection of the pump would be enforced by injunction.-Cooke v. Chilcott, L.R. 3 Ch. D. 694.

(v.) Ch. Div. V. C. B.-Specific performance-Compensation.-A. agreed to sell property settled as he and his wife should jointly appoint, and in default of appointment in trust for wife for life, with remainder for A. in fee; the purchase money having been invested in consols in names of the trustees of the settlement, A. died suddenly before completion and his widow refused to convey her life interest. Held that plaintiff was entitled to conveyance of the property subject to widow's life interest and a lien on the the consols for compensation in respect of such life interest.-Barker v. Cox, L.J. 46 Ch. 62; 35 L.T. 662, 695; 25 W.R. 138. (vi.) Ch. Div. V. C. B.-Specific performance-Conditions of Sale.-A condition that property would be conveyed, subject to rights of way, &c., entitles vendors to have the reservation set out on the face of the conveyance. Gale v. Squier, 25 W.R. 226.

(vii.) C. A-Statute of Frauds.-The N. Commissioners agreed to sell land to D.; the contract did not refer to any plan, but the agents who signed it for the parties also signed a memorandum on a plan stating that the land sold was therein coloured red. Held that the plan was incorporated in and controlled the contract.-Nene Valley Drainage Commrs. v. Dunkley, L.R, 4 Ch. D. 1.

Victoria, Law of:

(i.) P. C.-Transfer of Land-Registration.—A copy of a writ of fi. fa. was served under the Transfer of Lands Act, and transfers to B. of lands thereby affected were within 3 months presented for registration; at the expiration of the 3 months no transfer upon a sale under the writ having been left for entry, the registrar registered the transfer to B.; P. afterwards lodged for registration a transfer to himself under an alias writ of d. fa. a copy of which had been served before the expiration of 3 months of the original writ. Held that the registrar rightly refused to register P.'s transfer and completed B.'s title.-Registrar of Titles v. Paterson, 35 D.T. 642.

Voluntary Gifts:

(i.) Ch. Div. V. C. B.-Defendant claimed certain bonds alleged to have been given her by B. in his lifetime, and which were found in B.'s safe at his death: Held that on the evidence of defendant and her sister, the delivery was proved and the custody of the bonds explained, and that the gift was good. Defendant also claimed a house, for the lease of which proposals had been made and accepted; on the envelope of acceptance testator had written that the lease was to be made out in defendant's name: Held that there was no sufficient declaration of trust, and that the claim must be disallowed.-Bottle v. Knocker, 35 L.T. 545; 25 W.R. 209.

ii.) C. A.-Detinue.-R. delivered without assignment a policy on his life to his mother: Held that his administratrix could not maintain action for detinue for the possession of the policy, although the gift did not entitle the mother to claim the policy moneys.-Rummen v. Hare, L.R. 1 Ex.D. 169; L.J. 46 Ex. 30: 24 L.T. 407; 24 W.R. 385. Water:

(iv) C. A-Overflow-Act of God-Vis Major.-Extraordinary rainfall caused water stored in artificial pools on defendant's land to swell and carry away embankments, thereby injuring plaintiff's property; there was no negligence in construction or maintenance of embankments. Held that

F

rainfall amounted to vis major, and that defendant was not liable in damages.-Nichols v. Marsland, L.R. 2 Ex.D. 1; 25 W.R. 725.

(v.) H. L-Thames Conservancy Act, 1857, Riparian proprietor.- Held that the exclusive access of plaintiff to particular land on the bank of a river was a private right within s. 179 of 20 and 21 Vict., c. cxlvii, and that the Conservators could be restrained by injunction from granting a license to construct an embankment obstructing such access.-Lyon v. Fishmongers' Co., L.R. 1 App. 662; 36 L.T. 569; 25 W.R. 165.

Will:

(xli.) Ch. Div. V. C. H.-Annuity.-Testator bequeathed £20,000 to be laid out in purchase of annuity for benefit of A., and if he should alien, then the same should fall into the residue: Held that the restraint on anticipation was void.-Hunt-Furber v. Foulston, L.R. 3 Ch.D. 285; 24 W.R. 756.

(xlii.) Ch. Div. V. C. M.-Annuity.-Testator directed executors to purchase annuity of £100 for benefit of M., and if she should alien, then annuity to fall into residue: Held that the restraint on anticipation was valid, and that M. could not claim the value of the annuity in bulk. - Hatton v. May, L.R. 3 Ch.D. 148; 24 W.R. 754.

(xliii.) Ch. Div. V. C. B.-Annuity-Forfeiture.-A testator bequeathed an annuity and certain gifts for life, or until he should encumber or assign: Held that on the issue of a writ of sequestration against plaintiff the forfeiture clause came into operation and determined interest of plaintiff, who was ordered to pay costs of special case stated in a suit instituted by him against the trustees.-Dixon v. Rowe, 25 L.T. 549.

(xliv.) Ch. Div. V. C. M.-Annuity-Remoteness.-Testator gave to A. an annuity for her life, and after her death to her children equally during their lives, and after decease of the survivor of them to go to his own nephew and nieces equally; A. died without issue: Held that the nephew aud nieces took the capital producing the annuity absolutely as tenants in common.-Evans v. Walker, L.R. 3 Ch.D. 211; 25 W.R. 7.

(xlv.) Ch. Div. V. C. H.--Charitable Bequest-Mortmain Act (9 Geo. II, c. 36) s. 3. Debentures issued by Aberystwith Improvement Commissioners on works, rents, and rates under private Act authorising acquisition of land for construction of waterworks: Held an interest within Mortmain Act.Chandler v. Howell, L.J. 46 Ch. 25; 35 L.T. 592; 25 W.R.

(xlvi.) Ch. Div. V. C. M.-Charitable Bequest-9 Geo. II., c. 36.-A bequest to charities of debentures of a water-works company in the form provided by Companias Clanses Act, 1845, Sched. C. is not void under the Statute of Mortmain. - Holdsworth v. Davenport, L.J. 46 Ch. 20; 35 L.T. 319; 25 W.R. 20.

(xlvii.) C. A.-Construction-Charitable Bequest.-Testator directed that his residue should be given by his executors to such charitable institutions as he should by any future codicil give the same, and, in default of any such gift, then to be distributed by his executors at their discretion; he made no subsequent codicil: Held that a trust in favour of charitable institutions to be selected by the executors was created.-Pocock v. AttorneyGeneral, L.R. 3 Ch. D. 342; 35 L.T. 575.

(xlviii.) Ch. Div. M. R.-Construction-Charge of Debts and LegaciesMortgage-Legal Estate. A mortgagee trustee devised and bequeathed residuary estate to his wife, and her heirs, executors, and administrators upn trust to sell, and out of proceeds to pay debts and legacies, and apply residue as directed: there was no devise of trast or mortgaged estates: Held that the legal estate in the mortgaged property did not rass.-Re Smith's Estate, L.R. 4 Ch. D. 70.

(xlix.) Q. B. Div.-Construction-Contingent Remainder.-Where an estate in remainder is limited in contingency on the happening of certain events on

which (the preceding estates having determined it will fall it to posion, it is not a contingent, but a vested remain ler d pen lent on these events. -Leadbeater v. Cross, L.R. 2 Q.B.D. 18; L.J. 46 Q.B. 31; 25 W.R. 93. (.) C. A.-Construction-Contingent Remainder.-Device to use of A. and B, their executers, administrators, and assigns for 120 years, if S. C., wife of J. C., should so long live, and subject there to to the use of J. C. for life, with remainder to use of all the children of J. C. and S. C. who should be living at the death of the survivor in fes as tenants in common; J. C. died in the life-time of 8. C.: Held that the contingent remainder to the children failed for want of an estate of freehold to support them.-Cunliffe v. Branckner, L.R. 3 Ch.D. 393; 35 I.T. 573. (i.) C. A.--Construction-Counsel's opinion-Mistake in law. An executor took counsel's advice as to construction of a will: a dissatisfied legatee also took opinion of counsel, which agreed with the former: the executor having distributed the property accordingly, the legatee, two years afterwards, claimed repayment on the ground that the will was wrongly construed: Held that the suit could not be maintained.-Rogers v. Ingham, L.R. 3 Ch.D. 351; 35 L.T. 677.

(lii.) Ch. Div. V. C. M.-Construction--“ Die without issue."—Bequest to A. for life, with remainder to her children living at her decease, and if she should" die without issue," as she should appoint: A. had one child, who died in her life-time, leaving 5 children: Held that an appointment of the fund by A. among the grand-children was good.-Re Merceron's Trusts, 35 L.T. 701.

(liii.) C. J. B.-Construction-Falsa Demonstratio.-Testator bequeathed £2,600 part of debt owing to him by K. & J. to his daughter, wife of B., and £1000 remainder of said debt to his wife for life with remainder over, and all debts owing to him by B. to B. absolutely, and directed his trustees to release B. therefrom; at date of will B. owed to testator separately £50, also £2600 upon joint and several promissory notes of self and partner, K. & J. only owed £1000. B. and partner continued to pay interest on the £2600 till they went into liquidation. Held that B. and partner were effectually released by the will as against the gift to B.'s wife, and that payment of the interest did not revive the debt.-Ex parte Close, Re Bennett and Glave, L.J. 46 Bpey. 3.

(liv.) Ch. Div. V. C. H.-Construction-" Foreign Bonds."-Bequest of the foreign bonds amounting to about £8,000" purchased by testatrix, Held not to pass Colonial bonds forming part of the amount.- Hull v. Hill, L.R. 4 Ch. D. 97; 25 W.R. 223.

(Iv.) Ch. Div. M. R.-Construction-Gift to Class-Devise to children of A who should be living at testator's decease, or have died in his lifetime leaving issue living at his death as tenants in common. Held that surviving children took the whole to exclusion of issue of child who died in testator's lifetime, and also of the heir at law.-Coleman v. Jarcom, L.J. 46 Ch. 33; 35 L.T. 614; 25 W.R. 137.

(lvi.) Ch. Div. M. R.-Construction-Gift to Class-Mistake-Evidence.Where testator in a bequest to a class describes the class as consisting of a number differing from the number existing at the date of the will, the presumption that he intended to benefit the whole class is liable to be rebutted by evidence. - Newman v. Piercey, L.R. 4 Ch. D. 41; L.J. 46 Ch. 36; 35 L.T. 461; 25 W.R. 37.

(lvii.) Ch. Div. M. R.-Construction-Gift to Executors.-Testatrix gave £100 10 "executors or executrix" of C., who left two executors and an executrix, who all predeceased testatrix: Held a gift to C.'s personal representatives as part of his estate: a share in the residue having lapsed, Held that costs of an administration suit were payablo out of the general residue, not primarily out of the lapsed share.-Trehewy v. Helyar, L.H. 4 Ch. D. 53.