ACCIDENT.

Inevitable-Excusing performance of contract

(See Contract.)

ACKNOWLEDGMENT.

(See Married Woman.)

ACTION.

...page 677

Determination of-Bond-A bond for the payment to plaintiff of the sum for which he had obtained a verdict "if the determination of the action should be in favour of the plaintiff" was given by the defendant and others. A rule was afterwards obtained to set aside the verdict for the plaintiff, which rule was afterwards discharged. There upon, on the 15th Nov. 1870, defendant gave notice of appeal under sect. 37 of the C. L. P. A. 1851, but bail was not put in as required by sect. 38 of the same Act; and no further steps were taken to prosecute the appeal. On the 9th April 1872 plaintiff having brought an action on the bond, the defendant pleaded that the former action was undetermined in favour of the plaintiff. Held, that as there was at the commencement of the present action a judgment in favour of the plaintiff, and no stay of execution thereon, such a state of things amounted to a "determination" of the former action in favour of the plaintiff within the meaning of the condition to the bond

COLLISION-Compulsory pilotage-" Proceeding to sea Duties and responsibility of a pilot-Ship at anchorLength of chain-Parting cable-Right to summon pilot to take charge...

...

760

76

254

439

Costs-Compulsory pilotage-Practice of Admiralty Court. In a collision cause, where a defendant raises, together with other defences, that of compulsory pilotage, and his ship is found to blame, but is dismissed on the ground that the negligent act of the compulsory pilot was the sole cause of the collision, each party pays his own costs, according to the practice of the High Court of Admiralty. It has never been the custom in that Court to apportion the costs in such cases according to the findings on the various issues 537 Damage done by salving ship-Right to salvage reward.-Where damage is inflicted upon a ship by another engaged in rendering salvage services to the former, the Court of Admiralty regards the negligence of the salvor less severely than it does the negligence of a vessel wholly unconnected with the injured vessel, but will condemn the salvor in the damage where he has been guilty of gross negligence and want of proper navigation. A salvor ship whose ship succeeded in bringing an injured ship into safety, but in so doing inflicts damage upon her by coming into collision through negligence and want of proper navigation, which is gross but not wilful, is not thereby deprived of his right to a reward which has been agreed upon between the masters of the respective vessels...

....page 576 Launch-Precautions required.-It is the duty of those who launch a vessel to do so with the utmost precaution, and to give such notice as is reasonable and sufficient to prevent injury happening to other vessels from the launch, and the burden of proving that these things have been done lies upon them. What is reasonable and sufficient notice depends upon local circumstances: the size and breadth of the river or waters in which the launch takes place, the amount of shipping, and other like things. Where in launching a vessel in the river the usual precautions taken in that river have been taken, and the usual general notice that the launch was about to take place has been given, the persons having charge of the launch have performed all they are required to do by law, and no specific notice of the exact moment of the launch is required... Where a ship seeks to excuse her failure to comply with the sailing regulations and with a seamanlike precaution, by showing that such a failure was in consequence of her being disabled in a prior collision, it is material to inquire whether the prior collision was due to her default, or was the result of inevitable accident. Semble, if the prior collision be due to the default of the ship so seeking excuse; and if her subsequent failure to comply as aforesaid contribute to the collision proceeded for, she will be to blame therefor

(See County Court-Navigation.) County Court appeal-Arrest of ship-Practice-Where plaintiffs appeal from a County Court in a cause in rem in which there has been a decree for the defendants, and the ship in consequence been released, the High Court of Admiralty will on the ex parte application of the plaintiffs order a warrant to issue for the detention of the ship till bail given or the appeal decided. Semble that notice should be given before arrest to the defendants, so that they may come in and apply for the suspension of the warrant 537 Injunction of County Court in bankruptcy to restrain suit in Vice-Admiralty Court

Salvage-Bond given to receiver of wreck-Jurisdiction. -As it is a matter of grave doubt whether the County Courts having Admiralty jurisdiction have power to enforce salvage Bonds given to receiver of wrecks under the Merchant Shipping Act 1854 (17 and 18 Vict. c. 104), sect. 468, the High Court of Admiralty will, on the application of a salvor in respect of whose services such a bond has been given, grant leave to proceed in the High Court under the County Courts Admiralty Jurisdiction Act 1868 (31 & 32 Vict. c 71), sect. 9. Semble, that even where leave is so given to proceed in the High Court, that court is not thereby precluded from condemning the plantiff in costs, if at the hearing of the cause it should appear that the cause was improperly instituted in the court Salvage of life-Ship damaged by collision-Crew leaving her without orders-Liability of ship and shipowners.Where some of a ship's crew leave their ship shortly after a collision at sea in consequence of her dangerous condition, not against their master's orders, but without orders and without his consent, and are picked up and rescued from a dangerous position by another vessel, the owners master and crew of the latter, as salvors of life, within the meaning of the Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), sect. 458, and the Admiralty Court Act 1861 (24 Vict. c. 110, sect. 9, may recover reward against the ship. Semble, that if a crew deserted their ship without reason and contrary to orders, and afterwards found themselves in a position of danger from which they were rescued, the ship would not be liable for salvage reward...

[Oct. 31, 1874.

ADULTERATION OF FOOD.

-

"Declare such admixture" sold mustard, saying, "I do not sell this as pure - Duty of seller A grocer mustard," and the label on the packet, to which he also drew attention, said, "Not sold as pure mustard." On an information preferred against him for not comply. ing with sect. 3 of 35 & 36 Vict. c. 24, it was held that he had declared such admixture to the purchaser thereof before delivering the same within the intent and meaning of that section, and that the justices rightly dismissed the summons. The requirement to "declare such admixture" is satisfied by a declaration of the fact, and does not necessitate a statement by the seller of the nature or proportion of the ingredients... Green tea-Colouring matter.-The appellant, who kept a shop for the sale of tea, sold to the respondent, who asked for green tea, some tea as it was imported from China, which had been there painted or faced with gypsum and Prussian blue for the purpose of colouring it. This tea so painted and faced is generally known as green tea in the tea trade, but there is a pure green tea imported from Japan which is not generally known by that name. This practice of colouring tea is not known to the public. Upon a case stated on conviction of the appellant under sect. 2 of the Adulteration of Food, Drugs, &c., Act 1872: Held (by Cockburn, C.J., Blackburn and Archibald, JJ., dissentiente, Quain, J.), that this was an adulterated article, sold as unadulterated, and that therefore the conviction was right

AGENT.

633

Company-False representation-Personal liability of direc tors-Che directors of a limited company cannot be held personally liable for a fraudulent representation made by an agent of the company, unless they have induced or authorised him to make it ... Corporation-Manager of a bank-The cashier of the respon177 dents' bank, who discharged the duties of manager, by sending a fraudulent answer to a telegram induced the appellants to accept certain bills drawn upon them by one I. and indorsed to the bank: Held, first, that it was within the scope of the cashier's authority to send snch a telegram; secondly, that the bank, baving obtained the beuefit of the bills, were liable in an action for the false representation

(See Factor-Marine Insurance-Principal and Agent.)

180

526

553

351

743

249

Necessaries-Custom-Evidence of to explain the terms of a deed-Technical meaning known to one only of two contracting parties-Set-off by master against apprentice 99

ARMY.

Commission-Advancement-Sale-Injunction-To rebut the resumption that the purchase of a commission in the army by a father for his son is an advancement, there

A match between two dogs as to which could take the greatest number of rabbits took place in a walled field, the rabbits being let loose at a certain distance in front of the dogs, and the appellant taking part in the match. Held, upon a case stated, that the appellant was upon these facts improperly convicted of using a field for baiting a rabbit under 12 & 13 Vict. c. 92, s. 3... 328

BALLOT ACT, 1872. (See Election Law.) BANKER.

Cheque forged-Indorsement of- Cashing cheque for commission. The statutory protection of bankers against the forged indorsement of cheques, applies only to the bankers upon whom such cheques are drawn, and does not extend to bankers cashing cheques for commission ..

BANKRUPTCY.

...

693

Failure to secure or compound for a debt for which a debtor's summons has been issued, means to secure to the satisfaction of the creditor-Creditor obtaining garnishee orders to an amount exceeding the debt, no relief to debtor

...

620

102

743

Annulling adjudication.-After an adjudication in bankruptcy the creditors at an adjourned first meeting held under & petition for liquidation, which had been filed by the bankrupt pending the hearing of the bankruptcy petition, resolved on liquidation by arrangement, and that an application should be made to the court to annul the adjudication. Held, that the court had jurisdiction under the 266th Bankruptcy Rules 1870, to annul the adjudication... Appeal-Fresh evidence of agreement by an execution creditor Assignment of all debtor's property-Prior agreement to assign on demand-Past debt and present advance-No evasion of the Bills of Sale Act possession of the property assigned being given at the same time the deed was executed

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...page 906

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Bill of exchange-Remittances to meet acceptances-Appropriation-Doctrine in Ex parte Waring (19 Ves. 345).—The doctrine in Ex parte Waring does not apply unless there has been not only a double insolvency, but also a right of proof against both the insolvent estates in respect of the same matter. The drawer of certain bills of exchange sent remittances to the drawee to meet his liabilities upon the bills. The drawer became bankrupt, and the drawee refused to accept the bills of exchange, and shortly afterwards also became bankrupt: Held, that, as there was no right of proof against the drawee's estate, the doctrine in Ex parte Waring did not apply, and that a bill by the holder of the bills of exchange praying for a declaration that the remittances were specifically appropriated to meet the bills held by him, and ought to be applied in satisfaction thereof without prejudice to his right to prove for the unpaid balance, must be dismissed, with costs

...

-Non-acceptance-Remittance-Bankruptcy of parties -Specific appropriation Bills drawn against consignments-Hypothecation-Bankruptcy of drawer and acceptor-Realisation-Proof.-A Bombay firm drew bills upon a London firm, who accepted them against certain consignments. The Bombay firm pledged the bills and shipping documents with a bank under a letter of hypothecation to which the London firm was not a party. The Bombay and London firms both became bankrupt. The bank thereupon sold the goods, and sought to prove against the estate of the London firm for the balance due after deducting the proceeds of sale less one-half per cent. broker's commission and two and a half per cent. merchant's commission: Held, that the London firm was not bound by the terms of the letter of hypothecation, that the bank was in the position of a mortgagee or pledgee of the goods, and was entitled only to deduct from the purchase money the bare expense of realisation, namely, the broker's commisgion, and to prove for the balance of the bills after deducting the proceeds of the goods, less the broker's commission Bill of sale.-An arrangement altering the provisions by which money advanced is to be repaid must appear in the bill of sale Composition-Partnership.-In proceedings under a composition, the jurisdiction of the court is limited to seeing that all the proceedings have been regular and proper, and to enforce, when necessary, the due performance of the resolutions, and the payment of the composition, and it cannot be extended to other questions that may arise between the debtor and his creditors. Where, therefore, after the due payment of a composition by a firm, one of the partners applied to the County Court judge to direct the delivery up to him of the title deeds of his separate estate, which he had deposited with the bankers of the firm as security for advances made, or to be made to the firm, and the judge had so ordered: On appeal it was held that the judge had no jurisdiction to entertain the application: Held, also, that under the circumstances the bank was entitled to retain the deeds as collateral security for the balance due from the firm after payment of the composition... Resolution for-Device to benefit debtor-Mala fides. -Where the passing of a resolution in favour of a composition has been obtained by the vote of a creditor who has purchased the debt in respect of which he votes, in order to vote in favour of the composition, such a fraud taints the whole of the proceedings for a composition, and the court will make an order of adjudication of bankruptcy against the debtor on the petition of a duly qualified creditor in spite of the pendency of the proceedings for a composition Costs-Payment by trustee.

103

741

249

803

132

339

624

Dispute as to amount of debt-Form of affidavit on application to dismiss.-A shipwright claimed of the owner of a ship a sum of 31681. odd for repairs, of the which the latter admitted 6501. only to be due. The creditor having issued a debtor's summons against the debtor for the whole 31681., the debtor applied to the court to dismiss the summons, and in support of his application made an affidavit, in which he said that he was not indebted to the creditor in the amount claimed in the summons, but did not say that he was not indebted to him in such an amount as would justify the creditor in presenting a bankruptcy petition against him: Held, that the affidavit was sufficient, but that the summons ought not to be dismissed, but that proceedings on the summons should be stayed, without requiring the debtor to give any security, pending an action by the creditor to establish his claim ... 625 Discharge and release.-The 49th 'and 50th sections of the Bankruptcy Act 1869 (32 & 33 Vict c. 71), apply to discharges under sects. 125 and 126, and the word "bankrupt" in sects. 49 and 50 is to be read as applicable to any debtor obtaining a discharge under the statute. -A discharge releases only the debtor to whom it is granted, and leaves a co-debtor liable to be separately sued by a joint creditor Disclaimer by, trustee-Leaseholds.-The bankrupt was tenant of certain leasehold premises under an agreement for a monthly tenancy. By an agreement of even date the bankrupt contracted to purchase the unexpired residue of the lease. This contract remained unperformed at the time of his bankruptcy. The trustee was held to have an interest in the premises within s. 23 and B. R. 1971, R. 28, and entitled to apply for and obtain leave 266 "Charge"-The word "charge," in sect. 16, sub-sect. 5 has a wider meaning than the word "mortgage" or "lien" contained in the same section 194 Employment of debtor-Misappropriation-Contempt.-A debtor, who was employed by the trustees under his liquidation to collect the book debts of his business, after obtaining his order to discharge, misappropriated some of the moneys which he had collected, and, in disobedience of the order of the court made default in payment of the amount so received to the trustees, in consequence whereof he was committed to prison for contempt. Held, on appeal, that the debtor had received the moneys in a fiduciary capacity, and, in disregarding the order for pay. ment, was guilty of a contempt of court, for which he was rightly committed to prison 766

...

Execution creditor-Agreement by debtor to avoid execu tion to pay the debt, and payment by the sheriff to the creditor after filing of petition-No seizure by the sheriff but sufficient pressure to sustain the payment Liability under sect. 87 to refund proceeds of sale of 104 debtor's goods within twelve months Notice of act of bankruptcy.-In sect. 96, sub-sect 3, of the Bankruptcy Act 1869, which protects "any execution or attachment against the goods of any bankrupt, executed in good faith by seizure and sale before the date of the order of adjudication, if the person on whose account such execution or attachment was issued had not at the time of the same being executed by seizure and sale, notice of any act of bankruptcy committed by the bankrupt, and available against him for adjudication," "act of bankruptcy means an act of bankruptcy committed prior to the seizure. The burden of proving that he had no notice of any prior act of bankruptcy is on the execution creditor, who claims the protection of the 95th section of the Act. 478 Execution creditor of trader-Payment of proceeds to execution creditor.-Where the goods of a trader have been taken in execution in respect of a judgment, and sold, and the sheriff, after having, in accordance with the provisions of the 87th section of the Bankruptcy Act 1869, retained the proceeds in his hands for fourteen days without having received any notice of a bankruptcy petition having been presented against the trader, hands over the proceeds of sale to the execution creditor, the latter has a good title to such proceeds, notwithstanding the subsequent bankruptcy of the trader Execution-Seizure and sale-Notice to sheriff of liquidation petition-Payment of proceeds to execution creditor-Subsequent bankruptcy. When the sheriff has levied execution by seizure and sale of a trader's goods for a debt exceeding 501., and notice has been served upon him within the period of fourteen days from the sale that a petition for liquidation has been presented by the trader, but the creditors hold meetings and separate without passing any resolution, then the sheriff may, on the expiration of the fourteen days, without any further notice of a bankruptcy petition, pay over the proceeds of sale to the execution creditor, who is entitled thereto although the debtor is subsequently adjudicated a bankb

...

...

...

...page 773

rupt upon a bankruptcy petition founded on the declaration of insolvency contained in the liquidation petition Foreign bill-Fraudulent preference.-In Aug. 1872, P., a trader abroad, requested C., her debtor, both personally and by letter, to make her some payment on account of the moneys due to her personally, and also as the executrix under her mother's will, whereupon C. promised payment to the extent of 23501. The debt exceeded 5000l. In Nov. 1872, C. paid to P., through a foreign bank, 4000l., but without expressly stating that it was paid in pursuance of the previous promise. On the 28th of the same month C. was adjudicated a bankrupt. Upon appeal it was held that the payment was not à fraudulent preference.. Also, that although a debtor may make a payment with a view to prefer a particular creditor, yet, in order to constitute such payment a fraudulent preference, it must clearly appear that the creditor was conscious of, or a participator in the fraud -Notice of dishonour-Notice of protest-Trader.The holders of a foreign bill gave notice to the drawer that it had been "duly presented for payment, and returned dishonoured." Held, that this was sufficient notice that all proper steps had been taken, and and that it was not necessary for the notice to state in express terms that the bill had been protested by a notary. Semble, that the words "being a trader," in the 6th sub-section of the 6th section of the Bankruptcy Act 1869, apply to a man who had ceased to be a trader at the date of the issuing of the summons, if he was a trader when he contracted the debt

...

335

668

"Payee in good faith and for valuable consideration." -Where a debtor, who is unable to pay his debts as they become due, pays a particular creditor with a view of giving him a preferer ce over his other creditors, the payment is not void as a fraudulent preference if the creditor is not aware of the debtor's insolvency and of his intention to give him a preference, the payment being, under such circumstances, protected by the proviso at the end of the 92nd section of the Bankruptcy Act 1869... 482 Garnishee order-Charge on bankrupt's estate. -An execution creditor who has obtained, served, and made absolute a garnishee order before the bankruptcy, is also a creditor holding a "charge on the bankrupt's estate, as a security for a debt due to him" within sect. 16, sub-sect. 5, of the Bankruptcy Act 1869

...

194

739

2

Joint and separate estate-Proof by partner against separate estate of co-partner-Executor - Derastavit.-The rule that a partner cannot prove against the estate of his co-partner till all the partnership debts have been paid in full, does not apply to a claim in respect of a devastarit committed by an executor against the estate of his deceased partner Jurisdiction-Residence of a debtor.-A debtor's summons being issued out of a court within the jurisdiction of which the debtor does not reside, neglect to comply with it is not an act of bankruptcy Leaseholds-Disclaimer by trustee. - Where the trustee under a liquidation has received an application from the landlord of property of which the debtor is lessee, requiring him to decide whether he will disclaim or not, and has allowed the period of twenty-eight days from the receipt of such application to pass without applying to the court for leave to disclaim, or to enlarge the period of twenty-eight days, the court will not, in the absence of very special circumstances, give him leave to disclaim. On receipt of an application from the landlord of property of which the debtor was lessee, requiring him to decide whether he would disclaim or not, the trustee under a liquidation wrote, through his solicitors, saying that he intended to disclaim his interest in the lease, and would send notice of motion. After the expiration of the twenty-eight days limited by the 24th section of the Bankruptcy Act 1869 the trustee applied to the court for leave to disclaim. Held, that the letter stating that he intended to disclaim did not amount to a disclaimer, and that leave to execute a disclaimer must be refused... ... 621 Liquidation and composition.-At the first meeting of the creditors of a trader debtor, the creditors, after having duly passed resolutions in favour of liquidation by arrangement, and for the appointment of a trustee and a committee of inspection, resolved that the trustee should be authorised to sell certain property of the debtor for such a sum as would pay the costs of the liquidation and a composition of one shilling in the pound: Held, that the last resolution was ultra vires, and must be taken off the file 481 First meeting-Notices signed by clerk-Validity of. -It is a sufficient compliance with Rules 255, 256

...page 800 Receiver-Abortive proceedings-Action by debtor -Injunction.-The proceedings under a liquidation cannot be said to have determined so long as the receiver appointed thereunder remains undischarged. Where, therefore, the resolutions passed by the creditors of a liquidating debtor were refused registration upon the ground that the proof of the principal creditor had been rejected, and himself not permitted to vete, whereupon the proceedings fell through, and the debtor afterwards brought an action against the creditor for money alleged to be due to him, and the County Court refused an injunction to stay the action, it was Held on appeal, that the debtor could not sustain the action, for that as the receiver had not been discharged, the proceedings were still pending

Removing trustee and committee of inspection — Mode of summoning meeting. The 12th sub-section of the 83rd section of the Bankruptcy Act 1869, applies both to bankruptcy and liquidation by arrangement, but the mode of summoning a meeting for the removal of the trustee and committee of inspection is different in bankruptcy and in liquidation by arrangement. In bankruptcy the meeting must be summoned under the 120th of the Bankruptcy Rules 1870, while in liquidation by arrangement the meeting may be summoned, under the 305th rule, by any creditor with the concurrence, including himself, of oue fourth in value of the creditors who have proved their debts

Resolutions for liquidations, &c., partly ultra vires -Securities.-At the adjourned first meeting two sets of resolutions were passed by the creditors, one of which was ultra vires. Held (following Ex parte Browning, 22 W. R. 638) that it was competent for the registrar in registering the resolutions, to reject such as were ultra vires. At the first meeting objections were taken to the votes of several of the largest creditors, upon the ground that such creditors on tendering their proofs had not produced the securities held by them, which consisted principally of money bonds, bills of exchange, and promissory notes; but all such securities were produced or given up before the resolutions were registered. Held, that the irregularities, such as they were, being in form merely, and not in substance, might, under the circumstances, be disregarded......

Sale of assets by direction of creditors.-The effect of a bona fide sale by the direction of the creditors of all the assets of a liquidating debtor is to entitle the debtor, on the due completion of the sale and the distribution of the proceeds amongst the creditors, to his discharge. In such a case the creditors, although they may refuse to grant the debtor his discharge, will be restrained from harassing the debtor, or taking any proceedings to obtain a further dividend Selling debtor's property-Further dividend.-The trustee of a liquidating debtor, in pursuance of a resolution passed by the creditors, sold the debtor's business (his principal asset) as a going concern to B. and the debtor. The purchase-money was duly paid to the trustee, who paid all the creditors a dividend of 8s. in the pound. On the completion of the purchase, B. and the debtor carried on the business together in partnership, at a considerable profit. The creditors then refused to grant the debtor his discharge unlesss a further dividend of 2s. in the pound, so as to make up in the whole a dividend of 10s. in the pound, was paid to them, and threatened to take proceedings to obtain a further dividend. Held, that the debtor was entitled to an injunction restraining the creditors from taking any proceedings to obtain a further dividend

473

447

906

615

806

Married woman-Not liable to be made bankrupt for debts contracted before marriage, having no separate estate ... 106 Order and disposition-"Marginal notes" of bankers on account of current bills discounted not debts due to a trader in the course of his trade or business (sect. 15, sub-sect. 5)

Partnership Joint and separate estate-Deceased partners -Rights of creditors.-By a partnership deed it was provided that in case of the death of any partner, the partnership should not be dissolved, but that the surviving partners should carry on the business, and that the share of the deceased partners should be ascertained, and the payment thereof secured to his representatives in manner therein provided. The firm consisted of four partners, two of whom died during the partnership, and first the three, and afterwards the two, surviving partners continued the business for a few months. The fatter then filed a petition for liquidation. At the date of the petition, the shares of the deceased partners had not been paid or secured to their representatives. There had been no stock taking, but a great part of the stock in trade, consisting of machinery, which was in existence when the partnership was first constituted, still remained in specie; part, however, had been disposed of and re

109

...

...page 448

134

71

474

Partnership Joint and separate estate-Deceased partners -Rights of creditors.-Proceeds of stock existing before alteration in constitution of first partnership held applicable to debts of creditors of original partnership only Petition First dismissed by consent-Creditor entitled to present second-Fraud -Offer to pay-Adjudication.-A creditor, who presents 2 petition for adjudication against his debtor and proves all the necessary requisites under sect. 8 of the Bankruptey Act 1869, is entitled ex debito justitie, to an order of adjudication, and is not bound to accept any offer of payment which the debtor may then make... -What it includes.-In the 87th section of the Bankruptcy Act 1869, the words "bankruptcy petition" include a petition for liquidation, and under proceedings for a liquidation the appointment of a trustee is, for the purposes of that section, equivalent to an adjudication of bankruptcy under a bankruptcy petition 773 Practice-Rebearing-Change in the law by recent decision.-The right to rehearing may be lost by delay. 108 Proof on bills of exchange.-A creditor who seeks to prove upon bills of exchange or promissory notes must, on tendering his proof, exhibit his securities in like manner as under the old law, which in this respect is not altered... ... 133

...

(See Bill of Exchange.)

...

...

Rebearing- Discretion of court as to-Practice.-The power given to the court by s. 71 of the Bankruptcy Act 1869 to grant a re-hearing is to be exercised according to the discretion of the court. Such discretion in a proper case is as wide as possible... 407 Reputed ownership-Order and disposition-Custom of trade Purchaser's goods in bonded warehouse in vendor's name.-At the time of the filing of a petition for liquidation by arrangement there were lying in a bonded warehouse to the order of the debtors, who were wine and spirit merchants in Liverpool, certain butts of whisky which they had sold some weeks previously. Immediately after the sale the butts of whisky were transferred in the vendor's bond book into the purchaser's Dame, but no delivery order was sent to the purchaser till after the filing of the petition for liquidation. It was proved to be the usual cutom in the wine and spirit trade in Liverpool, for goods sold in bond to remain in the possession or under the control of the vendor, in the Londed warehouse in which they were at the time of the sule, until they were required by the purchaser. Held, that this case was governed by the decision in Ex parte Watkins; Re Couston (28 L. T. Rep. N. S. 793; L. Rep. 8 Ch. 520); that the fact that no delivery order had been sent to the purchaser till after the filing of the petition for liquidation did not make any difference, and that the custom of the trade excluded the doctrine of reputed ownership, and the butts of whisky did not pass to the trustee.. 730

• Hired furniture-Custom.-A trader sold the furniture of the rooms over his shop in which he lived, and hired back the furniture from the purchaser at a weekly rent. Three years afterwards the trader who still remained in possession of the furniture, filed a petition for liquidation: Held, that the trader was at the commencement of the liquidation reputed owner of the furniture, and that it passed to the trustee under the liquidation. Ex parte Watkins; Re Couston (28 L. T. Rep. N. S. 793; L. Rep. 8 Ch. 520, distinguished) Secured creditor-Bill of exchange-Money paid into court to abide the event-Bankruptcy pending reference.Money paid into court under the Bills of Exchange Act 1855, pursuant to a judge's order to abide the event of an action then pending, forms no part of the debtor's estate, but is a security to the creditor for the amount recoverable in the action, notwithstanding that the matters in dispute in the action have been referred, and bankruptcy has upervened before any proceedings are taken in the matter of the arbitration Securities-Proof-Production

(See Proof on Bills of Exchange (sup.). Separate firms-Trust estate-Rights of creditors.-A trader who carried on business in Brighton married a widow who was entitled under a partnership deed to three-fourths of the profits of a business carried on in London. With the sanction of the Court of Chancery the trader purchased the other fourth of the London

...page 447

business, and executed a settlement by which he covenanted that his wife's three-fourths should be for her sole and separate use free from his debts, and he afterwards filed a petition for liquidation, being considerably indebted in respect of his Brighton business, which he had continued to carry on quite unconnected with the London business: Held, that the creditors of the London business were entitled to have their debts paid out of the assets of that business to the exclusion of the creditors of the Brighton business, and that his wife was entitled to three-fourths of any surplus which might remain after satisfying the debts of the London business unaffected by the claims of her husband's separate creditors, who, however, would be entitled to be paid out of his one-fourth of the surplus (if any) Separation deed-Deceased wife's sister-Defeasible annuity-Value of provable in bankruptcy. By a deed purporting to be a deed of separation, between W. the alleged husband and M. the alleged wife, W. covenanted with the trustees to pay to M. during the joint lives of himself and M., an annuity of 401. per annum, and the trustee covenanted with W. to indemnify him against all the future debts and liabilities of M. The deed also contained a proviso that if W. and M. should live together again the deed should become void. Upon the bankruptcy of W.: Held, on appeal, that inasmuch as W. and M. could never legally be married, the deed in effect was a common annuity deed, and that the value of the annuity could therefore be readily estimated 575 Trade fixtures-Mortgage-Registration.-A lessee for a term of years of a public-house demised the public house and two cottages erected on the property since date of the lease, with the appurtenances, including therein all and every the tenant's fixtures in and upon the premises, to a brewer for the residue of the term except the last three days thereof, by way of mortgage for securing the repayment of a loan and interest. The deed contained a power of sale empowering the mortgagee to sell public house and premises, either together or in parcels: Held, that the deed did not require registration under the Bills of Sale Act, as the mortgagee had no power to sell the 479 fixtures separately from the house Trustee-Costs.-When an application by the trustee in a bankruptcy is refused with costs, he will be ordered to pay the costs himself if the estate is insufficient for that purpose. In such a case he ought to procure an indemnity from the creditors before commencing proceedings... 41 Duty to pay moneys into Bank of England-Same in liquidations as in bankruptcy-Not in every instance necessary, under sect. 125, cl. 8, by formal resolution to prescribe the bank into which the moneys are to be paid ... ... 72 Money paid to under a mistake.-Where an execution creditor pays back the proceeds of his execution to the trustee under the bankruptcy of his debtor or under a mistake of law, the court will order the trustee to refund the amount

Personal law-Place of connection.-The respondent was mother of a bastard child born in England, of whom the appellant was adjudged to be the father. The appellant was an Irishman, and the connection took place only in Ireland; Held, upon a case stated by the justices, that the Bastardy Laws Amendment Act 1872, gave jurisdiction in all cases where the birth was in this country and the father was present; and that it mattered not what was the country of the parents or the place of their connection...

Office or place-Meaning of.-A man took up a position on a racecourse, standing upon a low stool. A large umbrella, capable of covering several persons, was fixed over his head by means of a long jointed stick with a spike at the end, which was inserted into the ground. The umbrella was kept open irrespective of the weather, and on the outside was a placard bearing the owner's name and address, and an announcement, "We pay all bets first past the post." Underneath he made bets upon the races and received deposits of money: Held, that this was a "place" within the meaning of 16 & 17 Vict. c. 119, s. 3. Semble (per Lord Coleridge, C. J.), that it was an "office." Held, that " place" in ss. 1, 2, and 3 of 16 & 17 Vict. c. 119, means an "ascertained place." Pigeon.-Appellant was the occupier of certain inclose but uncovered grounds, between 3 and 4 acres in extent. to which persons were admitted through a gate, by ticket, for which they paid. On the occasion on which the grounds were visited by a policeman, a pigeon shooting match was going on between two persons for a wager, and bets were made by several persons, two bookmakers shouting out and offering odds. After the shooting match there was a foot race at which bets were similarly made. Appellant was standing by taking no part in the betting, but he could hear

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