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Vol. XXIII.-No. 90.

THE

April, 1907.

LAW QUARTERLY

REVIEW.

EDITED BY SIR FREDERICK POLLOCK, BART., D.C.L., LL.D.

CONTENTS.

6

NOTES: Remainders after limitations bad for remoteness; Measure of
rights to light; Right to publish letters; Liability of Federal officials
to Income Tax imposed by Australian State; Compensation for merely
possessory title on compulsory purchase; Publication of defamatory
matter to clerk in course of business; Are omnibuses incidental' to
a railway company's business? The admission of motorists to the
C. T. C.; Liability of newspaper for negligence in financial advice;
Direction to trustees to invest in annuity, when equivalent to vested
bequest; Copyright in trade catalogues; Water companies and right
to lateral support from minerals; Is a note issued by a foreign State
a 'marketable security'? Duty of guilty client's advocate.
IN MEMORIAM: FREDERIC WILLIAM MAITLAND. By O. W.
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THE STATUS OF FOREIGN CORPORATIONS AND THE LEGIS-
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CIRCUIT REFORM. By CECIL V. BARRINGTON.

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OF THE

SOCIETY OF COMPARATIVE

LEGISLATION.

EDITED FOR THE SOCIETY BY

SIR JOHN MACDONELL, C.B., LL.D.,

AND

EDWARD MANSON, Esq.

New Series. No. XVI. 8vo, 5s.

CONTENTS.

COUNCIL AND EXECUTIVE COMMITTEE OF THE SOCIETY.

THE RIGHT HON. SIR ARTHUR WILSON, K.C.I.E. : PORTRAIT AND BIOGRAPHICAL NOTICE.

NOTES ON THE EASEMENT OF LIGHT, IN ENGLAND AND ELSEWHERE.

By H. A. DE COLYAR, K.C.

FOREIGN LAW AND THE CONTROL OF ADVERTISEMENTS IN PUBLIC PLACES. By W. J. BERNARD BYLES, Esq.

THE JURISDICTION OF THE PRIVY COUNCIL.

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THE REGULATION OF MOTOR-CARS AT HOME AND ABROAD.

By EDWARD MANSON, Esq.

THE FATE OF THE ROMAN-DUTCH LAW IN THE BRITISH COLONIES.

By R. W. LEE, Esq.

INTERNATIONAL LAW ASSOCIATION AT BERLIN.

By THOMAS BATY, D.C.L.

CHILDREN'S COURTS.

By T. R. BRIDGEWATER, Esq.

CONFLICT OF LAWS WITHIN THE EMPIRE: BANKRUPTCY AND COMPANY

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LAW QUARTERLY

REVIEW.

No. XC. April, 1907.

NOTES.

N the case of In re Mortimer, Gray v. Gray [1905] 2 Ch. 502, 74

(in substance) to his first son for life, remainder to the first and other sons of such first son successively in tail male, remainder to the daughters of such first son of F. G. as tenants in common in tail with cross remainders in tail, remainder to F. G.'s second son with like remainders over, and remainders with like remainders over to his other sons successively, remainder to F. G.'s daughters as tenants in tail with cross remainders in tail, remainder to F. G. and his heirs. It will be observed that no estates are given to the daughters of F. G.'s sons' sons.

F. G. died without having had any issue.

The question was whether the ultimate limitation to him was good.

It was contended that the doctrine of cy près should be applied and the sons of F. G. given estates in tail male, with contingent limitations upon failure of issue male of the sons, to such sons in tail general, but the court held that the doctrine could not be applied, because it would let in persons (namely daughters of the sons' sons) who were excluded by the terms of the devise.

The court went on and held that the ultimate remainder was void. How they reached this last result is not entirely clear.

It cannot be because the ultimate limitation was void for remoteness, for it was a vested remainder. No other reason is given either by Farwell J. or by the Court of Appeal. But a reason is given in the argument of counsel in the Court of Appeal. It is there said that the ultimate limitation according to the authorities is void as following a series of void limitations, though those authorities are not binding on the House of Lords.'

This idea, that a limitation not itself void for remoteness is bad if it follows limitations void for remoteness, probably made its

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