charging of stock and distringas; motion for judgment; motion to set aside judgment and to enter another.

It will be seen from the above enumeration that Mr. Boyle's work treats exhaustively of the principal matters arising in an action. A student who is ignorant of procedure, and desires to prepare for his Final Examination, will do well to procure Mr. Boyle's work, and to use it, not in substitution for, but as auxiliary to, the study of the Rules of the Supreme Court.

V. CORRESPONDENCE AND NOTICES. CORRESPONDENTS are requested to send their names and addresses, as no notice can be taken of anonymous communications.

LAW EXAMINATIONS.-Mr. H. N. Mozley, of 22, Chancery Lane, editor of the Law Examination Journal, and joint editor of Mozley & Whiteley's Law Dictionary, takes pupils for all legal examinations. Terms: ten guineas, payable beforehand. This will cover six weeks, of five days each, and thirty shillings extra for every additional week.

VI. DIGEST OF CASES.

APPEAL AS TO COSTS.-An order for a new trial obtained by the defendants was, by the Court of Appeal, confirmed conditionally on the defendants paying the costs of the first trial:-Held, that an appeal by the defendants to the House of Lords against the confirming order was not within the rule which prohibits appeals as to costs only. The Managers of the Metropolitan Asylums District v. Hill and Others (House of Lords), L. R., 5 App. Cas. 582; 49 L. J. R., Q. B., C. P. and Ex. D. 745; 43 L. T. Rep., N. S. 225.

APPEAL OUT OF TIME.-When an appeal is dismissed on the ground that it is out of time, the respondent will not be allowed the costs of affidavits filed by him after the appeal was set down. In re Jones, Ez parte Fardon's Vinegar Company (Court of Appeal), L. R., 14 Ch. D. 285; 49 L. J. R., Bkcy. 74.

BANKRUPTCY (Execution Creditor).-Section 87 of the Bankruptcy Act, 1869, does not apply to a seizure of goods under a writ of elegit. Where, therefore, the sheriff under such a writ seized the goods of a judgment debtor before the judgment creditor had notice of an act of bankruptcy, though the inquisition of the jury as to the value of the goods was not completed until after an act of bankruptcy:-Held (affirming the decision of the Chief Judge), that the judgment creditor was a secured creditor within sub-section 5 of section 16 of the Bankruptcy Act, 1869. In re Gourlay, Ex parte Abbott (Court of Appeal), L. R., 15 Ch. D. 447; 50 L. J. R., Ch. D. 80; 43 L. T. R., N. S. 417; 29 W. R. 143.

MARINE INSURANCE.-Action by the assured on a time policy which contained a clause rendering the insurers liable for perils of the

seas, fire, and all perils, losses and misfortunes that should come to the hurt of any part of the subject-matter of the insurance. The vessel insured was a steamer, and was damaged by an explosion caused by the bursting of the boiler :-Held, that the assured were entitled to recover, for that the policy covered the risk of such damage as that which had occurred. The West India and Panama Telegraph Company (Limited) v. The Home and Colonial Marine Insurance Company (Limited) (Court of Appeal), L. R., 6 Q. B., C. P. and Ex. D. 51; 50 L. J. R., Q. B., C. P. and Ex. D. 41; 43 L. T. Rep., N. S. 420; 29 W. R. 92.

PARTITION.—In an action for partition, the property being incapable of actual partition, the owners of three-sixteenths desired a sale by auction under the 3rd section of the Partition Act, 1868. The owners of the remaining thirteen-sixteenths objected to a sale, but offered to purchase the three-sixteenths at a valuation under the 5th section :-Held (by Lord Blackburn and Lord Watson, dissentiente Lord Hatherley) that the 5th section of the Act does not apply where the 3rd section does; that the case was within the 3rd section, and that there must be a sale by auction. Pitt v. Jones (House of Lords), L. R., 5 App. Cas. 651; 49 L.J. Rep. Ch. Div. 795; 43 L. T. Rep., N. S. 385; 29 W. R. 33.

PHARMACY ACT, 1878.-In sections 1 and 15 of the Pharmacy Act, 1868, which prohibit, under a penalty, any person, not being a duly registered chemist, from selling or keeping open shop for the sale of poisons, or using the name of chemist or druggist, the word "person" does not include a corporation; and a corporation having a department for sale of drugs under the management of a duly registered chemist, are not liable to the penalty. The Pharmaceutical Society of Great Britain v. The London and Provincial Supply Association (Limited) (House of Lords), L. R., 5 App. Cas. 897; 49 L. J. R., Q. B., C. P. and Ex. 736; 43 L. T. Rep., N. S. 389.

VENDOR AND PURCHASER.-In a sale of property under administration in the County Palatine Court of Lancaster, the particulars of sale described one of the lots as leasehold, held under a lease, the date and parties to which were stated. There was no attempt made to state the terms of the lease, and no mention was made of a ground rent of 431. 17s. 6d., to which the lot was subject. The lot was sold at auction for 1,400. The purchaser afterwards claimed to have the sale rescinded, on the ground that the particulars being silent on the subject of ground rent, he had been misled and induced to believe that there was no ground rent or only a nominal one. In his affidavit he stated that if he had known of the ground rent he would not have bid more than 7001. The property had been previously valued at 1,4507. by a professional valuer, who had taken the ground rent into account, and who at the sale bid 1,3907.:-Held (affirming the decision of the County Palatine Court), that the particulars were misleading, and that the purchaser was entitled to have the sale rescinded. Jones v. Rimmer (Court of Appeal), L. R., 14 Ch. D. 588; 49 L. J. R., Ch. D. 775; 43 L. T. R., N. S. 171; 29 W. R. 165-167.

LONDON: PRINTED BY C. F. ROWORTH, BREAM'S BUILDINGS, CHANCERY LANE.