Chancery.

an action, although probably erroneously, had been defended, yet not frivolously
and vexatiously, but on behalf of the creditors; and where the trader's conduct
was open, manly, and straightforward - it is a reasonable interpretation of the stat-
ute to hold him entitled to his certificate. Ib.

6. Bankrupt Laws Consolidation Act, 1849.] The condition of the existence of a
single commissioner in the district does not apply to the 27th section. Barnett, ex
parte, 237.

7. Petition for Arrangement.] A debtor presented a petition for arrangement with
her creditors, but did not appear on the day appointed for the private sitting, and
the petition was dismissed, and an adjudication of bankruptcy was made under the
223d section, and the same was held to be regular. Ib.

8. Costs.] The costs of a creditor, who, though not served with a petition of appeal
against the adjudication presented by the bankrupt, appeared by counsel, were
allowed out of the estate. Ib.

-

9. Appeal Practice Certificate Notice.] On an appeal by a bankrupt from the de-
cision of the commissioner, suspending the certificate of conformity, notice of the
appeal must be served on the creditors who opposed before the commissioner.
Johnson, ex parte, 239.

10. Statute 7 & 8 Vict. c. 70, for facilitating Arrangements between Debtors and Cred-
itors.] The effect of the 8th section of stat. 7 & 8 Vict. c. 70, for facilitating
arrangements between debtors and creditors, is to vest in the trustee appointed
under the statute that portion only of the petitioning debtor's estate which he has
proposed to give up, and the creditors have agreed to accept, in liquidation of his
debts. Robins v. Hobbs, 86.

11. Defence to a Bill for specific Performance.] Plea to a bill for specific perform-
ance of a contract of the defendant's bankruptcy, which took place after the filing
of the bill, allowed. Objections to the form of the plea overruled. Lane v.
Smith, 194.

Of Personal Estate.]

See SET-OFF. TRUSTEE, 1.

BARON AND FEME.
See PRODUCTION OF PAPERS, 2.

BENEVOLENT PURPOSES.
See WILL, 7.

BEQUEST.

See WILL, 2.

BONUS.

See TRUSTS, 2.

CALLS.

See INJUNCTION, 3.

CASES EXPLAINED, &c.

The cases of Medlicot v. Bowes, 1 Ves. Sen. 208, Whitaker v. Rush, Amb. 407, and
Cherry v. Boultbee, 4 My. & C. 442, observed upon, 121.

CERTIFICATE.
See BANKRUPTCY, 4.

CHARGE.
See WILL, 9.

CODICIL.

See WILL, 5.

Effect of, as a Release.] The plaintiff, a registered judgment creditor, executed a
composition deed made by the debtor, and containing a saving clause in respect of
any subscribing creditor's lien or other specific charge for his debt, and containing
a proviso that the subscribing creditors were not to be thereby prevented from en-
forcing any such specific charge or lien upon any estate or effects whatsoever, or
from suing any person other than the debtor, his heirs, executors or administrators.
The plaintiff afterwards assigned his debt to the trustees of the deed in trust for
the subscribing creditors. Upon bill filed by the plaintiff to obtain the benefit of
his charge, under 1 & 2 Vict. c. 110, s. 13:-

Held, first, that the deeds were to be construed according to the intention of the par-
ties, and not merely according to the strict legal interpretation of the words, and,
therefore, that the plaintiff's charge was not released by his execution of the com-
position deed; secondly, that his debt was not merged by the assignment of it in
trust for the subscribing creditors, and that it retained its priority over subsequent
registered debts of creditors not parties to the composition deed; and, lastly, that
the suit could be maintained by the plaintiff on behalf of himself and the other
creditors, parties to the composition deed, and was properly framed for charging
the judgment debt on the debtor's real estates. Squire v. Ford, 32.

CONSTRUCTION.

Sce COMPOSITION DEED. WILL.

CONTEMPT.
See PRACTICE, 3.

CONTRACT.

Railway Company.] The expiration, by lapse of time, of the powers given to a rail-
way company, by their act of Parliament, does not affect their obligation to take
lands, to the purchase of which they have previously bound themselves by contract.
Webb v. Direct London & Portsmouth Railway Co., 151.

CONTRIBUTORIES.

1. Liability.] The liabilities of persons concerned in schemes for the formation of
companies are not altered by the Registration or Winding-up Acts.
Case, 114.

2. What amounts to evidence of having authorized expenses. Ib.

Carrick's

3. Allottee.] An allottee is not a contributory merely because he may be entitled to
receive back what he paid as deposit. lb.

4. Committee-man.] A committee-man is not a contributory, unless he authorized
expenses to be incurred. Ib.

CONVERSION.
See WILL, 6.
COSTS.

Solicitor Trustee.] The rule laid down in Cradock v. Piper, 1 Mac. & G. 664; s. c.
1 Hall & T. 617, that a solicitor who is a trustee, and is made a party to a suit
respecting the trust property, will be allowed his usual professional costs, where
he acts as solicitor in such suit for himself and his co-trustees, and the costs are
not increased by his so acting, is confined to the case of a suit, and does not

Chancery.

extend to the case of a solicitor acting for himself and co-trustees in the adminis-
tration of the trust property without the intervention of the court. Lincoln v.
Windsor, 230.

See SOLICITOR. ATTORNEY, 2.

Lodging.] A man may obtain a new domicil in a country where he is only a
lodger, and not a housekeeper, and without repudiating his nationality. And where
a testator was a native of Scotland, and domiciled there, and afterwards came to
London, where he continued to reside, chiefly in lodgings, for many years, making
London the central place of his affairs and business, it was held, that he acquired a
new domicil in London, and that it was immaterial whether he resided in a house
of his own, or in lodgings:-

Held, also, that this domicil was not changed by a subsequent residence in Paris,
where the testator took a lease of apartments determinable either by the lessor or
lessee at the end of three, six, or nine years; and that the fact of his describing
himself in his will, made at Paris shortly before his death, as of the city of Edin-
burgh, was immaterial with reference to the question of domicil. Whicker v.
Hume, 52.

ECCLESIASTICAL COURT.

See ADMINISTRATION.

EDUCATION.

See WILL, 7.

ELECTION.

See WILL, 6.

EVIDENCE.

1. Broker's Book.] A sum of money was standing in the names of persons in the
book of a banker, and part was withdrawn by means of a check, and the produce
was traced to the credit of the above party in the book of his stock broker. The
check could not be found, but this party was charged with the amount:

Held, that he was properly charged. Chadwick, ex parte, 83.

2. Official Manager's Book.] A sum of money was placed, without notice, in the
official manager's book to the debit of certain persons, and then they received
notice to discharge themselves by other moneys on a certain day:

Held, that the entry must be removed, without prejudice to any question. Ib.

Chancery.

EXCESS.

Of Real Estate, over Amount described in Conditions of Sale.]

See SALE OF REAL ESTATE.

EXECUTOR.

See WILL, 9.

FIERI FACIAS.

See INJUNCTION, 4.

FRAUD.

See ATTORNEY, 1.

GUARDIAN AD LITEM.

A co-defendant may be appointed guardian ad litem to other infant defendants. Peas-
cod v. Tully, 127.

HIRING AND SERVICE.
See PARTNERSHIP, 1, 2, 3, 4.

HUSBAND AND WIFE.
See PRODUCTION OF PAPERS, 2.

INFANT.

See SPECIFIC PERFORMANCE, 1. PRACTICE, 10. GUARDIAN AD LITEM.

INJUNCTION.

1. Against Railway Company.] The W. W. W. Railway Company was alleged to
have obtained its act of incorporation by fraud, with the assistance of the S. W.
Company, and through an illegal subscription for shares; and by similar means,
and by the use of illegal votes, to have carried on the W. W. W. Company against
the wishes and votes of the bona fide shareholders. Finally, the S. W. Company
obtained an act of Parliament to sanction as alleged the subscription to the W. W.
W. Railway Company, and to appoint directors of the S. W. Company to be directors
of the W. W. W. Company; but from the difficulties of the W. W. W. Railway
Company, it was finally resolved to make a part of the line only, and a bill to obtain
parliamentary sanction for that purpose was withdrawn upon a resolution to wind
up the affairs of the W. W. W. Company:-

Held, as the directors had resolved to wind up the affairs of the company, and had
withdrawn the bill to obtain parliamentary sanction to make a part of the line,
that an application for an injunction had become unnecessary, and it was refused, but
liberty was given to apply upon a resumption of works. Logan v. Courtown, 171.
2. Construction of Act.] Held, further, notwithstanding the subscription of the S. W.
Railway Company to the W. W. W. Railway Company was originally illegal, yet
after an act of Parliament to authorize the S. W. Railway Company to subscribe
to the W. W. W. Company, notwithstanding the construction of the act was doubt-
ful, that the court, as the money of the S. W. Railway Company was at stake,
would not restrain the directors of the S. W. Railway Company, acting as directors
of the W. W. W. Railway Company, from interfering in its affairs. 1b.

3 Calls.] Held, also, though the acts of the directors of the W. W. W. Railway
Company appeared to have been improper, that the court would not restrain the
W. W. W. Railway Company from enforcing the payment of calls, as it was pos-
sible that there were legal obligations to answer, and an injunction was refused,
but without costs. lb.

4. Receiver — Sheriff — Action, Application to stay.] Upon an application by the
sheriff, who was no party to this suit, the court refused to restrain the plaintiff
from prosecuting an action at law against him to obtain payment of a sum of money
reserved for rent, which the sheriff, upon the stay of the action, offered to pay into

Chancery.

court, and which was part of a larger sum of money levied under a writ of fi. fa.
issued upon a judgment obtained in an action at law by a stranger against the
tenant of the estate which the plaintiff in this suit claimed, and over which a
receiver had been appointed. Trye v. Trye, 193.

Meaning of, in Will.]

-

See TRUSTEES, 4, 5. PARTNERSHIP, 3.

INSURANCE SHARES.
See TRUSTS, 2.

INTEREST.

See WILL, 8.

JOINT SOLICITOR.
See PRODUCTION OF PAPERS, 2.

JOINT-STOCK COMPANIES.
See EVIDENCE, 1, 2.

LANDS CLAUSES CONSOLIDATION ACT.

Compensation Injuriously affected" - User.] The 68th section of the Lands
Clauses Consolidation Act points out the mode for ascertaining and recovering the
amount of compensation to be paid to a land owner by the railway company in
respect of his claim for compensation, as being injuriously affected by the execu
tion of the works, as well where the injury is alleged to arise from the user of the
railway as from the actual formation of the railway. London & North-western R.
Co. v. Bradley, 100.

LEGACY.

See SET-OFF.

MAINTENANCE.

See PRACTICE, 10.

MANOR.

Partition.] One tenant in common of a manor is entitled to a decree for partition
against his co-tenant. Hanbury v. Hussey, 81.

Surviving Partner.] To a claim seeking payment of a partnership debt out of the
assets of a deceased partner, the surviving partner is a necessary party. Hills v.
M'Rae, 233.

See COMPOSITion Deed.

PARTITION.

Tenants of Manor.] One tenant in common of a manor is entitled to a decree for
partition against his co-tenant. Hanbury v. Hussey, 81.