ACCORD AND SATISFACTION. Debt-Agreement to accept less than full amount due Failure of consideration.-Payment by a debtor of part of a debt payable immediately is not a sufficient consideration to support a parol agreement by the creditor not to take any proceedings for the residue. (Foakes v. Beer.)...page 833

ADMINISTRATION.

Judgment-Registration-Priority.-By sect. 3 of 4 & 5 Will. & M. c. 20, no judgment not duly docketed shall "affect any lands as to purchasers or mortgagees, or have any preference against heirs, executors, or administrators, in their administration of their ancestors', testators', or intestates' estates." Sect. 3 of 23 & 24 Vict. c. 38, after reciting the above section, and that by several later Acts judgments not registered shall not affect lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, and that the later Acts "do not expressly enact that judgments not docketed as thereby required shall not have preference against heirs, executors, or administrators in their administration of their ancestors', testators', or intestates' estates," in consequence whereof such heirs, &c., had lost the protection which they enjoyed under the first recited Act, it was enacted that no judgment not docketed under the Acts in force so as to bind "lands, &c., as against purchasers, mortgagees, or creditors, shall have any preference against heirs, executors, or administrators in their administration of their ancestors', testators,' or intestates' estates." Held, by Chitty, J. and the Court of Appeal, that the effect of the section is not only to protect heirs, executors, or administrators from an action by a judgment creditor for a devastavit, in case they should pay simple contracts in priority to the judgment debt, but also to regulate the order of administration, and therefore that an unregistered judgment debt has no priority over a simple contract debt. Held, also, by Chitty, J. and the Court of Appeal, that the heir-at-law or devisee of real estate sold by the court under 3 & 4 Will. 4, c. 104, has no right of retainer, out of the proceeds of sale, or any rents in his hands, for a debt due to him on simple contract. (Re Illidge; Davidson v. Illidge.) Voluntary settlement-Creditors-Costs.-A testator made a voluntary settlement, which was admitted to be void against creditors. The trustee of the settlement paid 580l. 98. 11d. into court. An administration action was necessary to find out the amount of debts. The claims of the creditors were found to amount to 5041. 3s. 1d. The chief clerk ordered the clear balance 761. 68. 10d. to be paid to the trustee, leaving the creditors only a dividend. The summons was adjourned by the defendant, the executor, into court. Held, that the order of the chief clerk was right, and the defendant must pay the costs of the adjourned summons personally. (Re Turner; Turner v. Turner.) 497 Will not appointing executors · Suppression of will-Revocation of grant-Sale of leaseholds before revocation - Title of vendor - Married woman-Equity to a settlement- Settlement of entire fund.-A testatrix, who died in 1874, bequeathed to her daughter B. certain leasehold property held for the residue of a long term of years. she paving ts of the testatrix.

523

the time he left her he contributed towards the support of her or of his c except by allowing her to receive the rent leasehold property, which were of small In 1879 B., upon an affidavit stating that sh widow, and that her mother had died in obtained a grant of administration. She the gaged the leasehold property partly to pay of the testatrix; and afterwards she agree it to P., who paid a portion of the purchas in discharge of the mortgage, and the res by instalments, for her maintenance, e small amount. P. purchased without any ledge of the will, or that B. had a living. Proceedings were subsequently t B.'s husband to recall the grant of adminis and in 1883 the letters of administratio revoked, and new letters, with the will a were granted to B. The questions were, the sale of the leasehold property could ported, and whether B.'s husband had any recover, against his wife or P., the purcha part of the purchase money. Held, that of administration, obtained by suppressin which contained no appointment of ex could not be treated as utterly and a veid, and that the sale by B. under t administration was a valid transaction. also, that B. was entitled under her equi settlement, to have the whole proceeds leasehold property secured to eherself, the greater part of such proce ds had b pended in maintaining herself and child: action must be dismissed with costs. v. Boxall.)...

ADMIRALTY.

Action in rem-Lord Campbell's Act (9 & c. 93) Amendment of writ-PracticeXVI., r. 11.—Plaintiffs commenced an a rem under Lord Campbell's Act on the 1884 in respect of loss of life by collision a the 10th Jan. 1883. After the 10th Jan. having been decided in the interim by the Appeal that the Admiralty Court had n diction in such actions, the plaintiffs ap add as defendants the owners of the wro ship personally. Application refused u ground that, under the provisions of Orde r. 11, proceedings against the parties prop be added would only be deemed to have con from the date of the service upon them of of summons, and hence the action would r been commenced against them within t provided by Lord Campbell's Act, and th being of opinion that it had no power to ado as defendants in personam in an action thought it ought not to make the order because the objection as to time was an o which ought strictly to be taken at a late (The Bowesfield.)

Action of restraint-Part owners-Bond for turn.-Where minority owners have insti action of restraint, claiming security for return of the ship to a named port within t diction, and a bond is given by the defend that purpose, such bond remains in force 1 ship returns to that port, and the plaintiffs entitled to institute another action for security upon the ship's return to anoth

Bottomry bond-Authority of master-Owners of
cargo-Necessity-Registrar and merchants.-The
authority of a master to raise money on bottomry
is limited as against the owners of cargo to such
an amount as is necessary to enable the ship to
complete her voyage with safety, and even where
the money is advanced by a person who is not the
ship's agent, and has no interest in the repairs
effected on the ship, and honestly believes from in-
quiries made that the money is necessary, he
cannot recover as against the cargo owner any-
thing in respect of items other than those which
are in fact necessary. Fry, L.J., dubitante. The
registrar and merchants have a discretionary
power to reduce the items claimed under a bot-
tomry bond, should they deem them unnecessary
or exorbitant, and the court will not interfere with
this discretion unless it be shown that the regis-
trar and merchants have exercised it on an erro-
neous principle. (The Pontida.)
page 268, 849
Collision-Carriage of goods-Late delivery-Loss of
market-Damages for delay in contract and in tort
-Measure of damages.-Where by reason of a
collision between two steamships, occasioned by
the negligence of one, goods carried by the other
are delayed in transit, damages for loss of market
are not recoverable as being too remote by reason
of the uncertainty of the duration of a sea voyage.
(The Notting Hill.)

Compulsory pilotage-Passing through the
limits of a pilotage district-Exemption-Merchant
Shipping Act Amendment Act 1862.-Where a
steamship puts into a port within a pilotage dis-
trict for the purpose of coáling whilst bound on a
voyage between two places outside such district,
although she is only passing through such district,
she is not exempt from compulsory pilotage under
the provisions of sect. 41 of the Merchant Ship-
ping Act 1862, as that section provides that the
exemptions shall not extend to ships loading and
discharging therein, and such loading and dis-
charging is not confined to cargo but extends to
coaling. (The Winston.)

...

Dense fog -Steamships Steam whistle.
Where those on a steamship in a dense fog hear
the whistle or foghorn of another vessel more
than once on either bow and in the vicinity from
such a direction as to indicate that the other
vessel is nearing them, it is their duty, under art.
18 of the Regulations for Preventing Collisions at
Sea, to at once stop and reverse her engines, so as
to bring their vessel to a standstill in the water.
(The John McIntyre.)

A

Lights-Steam trawler-Look-out-Regulations
for Preventing Collisions at Sea 1863, art. 9-Regu-
lations for Preventing Collisions at Sea 1880, art.
10. A steam trawler with her nets down and
attached thereto is "stationary within the
meaning of art. 9 of the Regulations for Preventing
Collisions at Sea 1863, although she has way on
her through the water, provided such way is not
more than is necessary to keep her under command,
and in such circumstances she is bound only to
carry the white light required by that article; but,
if she exceeds that speed, she is bound by art. 3 of
the Regulations for Preventing Collisions at Sea to
carry the lights of a steamship under way.
steam trawler, whilst fishing, was only carrying a
white light when she ought to have been carrying
the lights for a steamship under way. A steam-
ship having a bad look-out, but with an officer on
deck and in charge, was approaching the trawler,
but did not see her until within a distance of from
a quarter to half a mile, and then did not alter her
course until too late to avoid a collision. Held,
that, as the officer in charge might have acted
sooner if he had seen a side light, and that, as it
was not proved that the absence of the side lights
could not by any possibility have contributed to
the collision, the steam trawler was to blame for a
breach of the regulations. The judgment of the
court below having been confirmed, but for reasons
other than those given by the judge below, and the
Court of Appeal differing from those reasons,
ordered each party to pay his own costs. (The
Dunelm.)

66

183

185

214 I

Collision-Lord Campbell's A
Action in rem-Foreign ship
ralty Court Act (24 Vict. c.
liability-Appeal-Practice.
sion of the High Court of J
tion to entertain an action
Campbell's Act, and hence
tatives of a deceased person
of those on board a foreig
between that ship and a E
within Her Majesty's domini
action in rem against the
ship to recover damages
deceased; but, semble (per B
action for limitation of li
claimants are the persons
Campbell's Act, the Admiralt
tain the claim. Although, in
Court of Appeal being equall
the decision of the conrt be
Court of Appeal is not bound
quent occasion, though, semb
it is otherwise in the case of t
(The Vera Cruz.)

Moderate speed-Dense fo
Salvage Merchant Ship
& 37 Vict. e. 85), s. 16.-M
sailing ship, within the meani
Regulations for Preventing
dense fog in the Bristol Cha
speed that she can go so as to
and, if she carries more sail th
this purpose, she will be guilty
article. Moderate speed, with
art. 13 of the Regulations, vari
density of the fog; the thicker
ought to be the speed. Per Bu
ships having been in collision,
assistance to the other by towin
by sect. 16 of the Merchant Sh
stand by and render assistanc
she is entitled to salvage r
though she is not to blame for t
Beta; The Peter Graham.)

"Narrow channel" - Falm
Regulations for Preventing
1880, art. 21.-Art. 21 of the Re
venting Collisions at Sea 1880, p
narrow channels every steamshi
safe and practicable, keep to the
way or mid-channel which lies
side of such ship," applies to a
ing and passing up Falmouth 1
steamer going into that harbour
of the channel which lies on h
violates the regulations. (The C

--

Regulations for Preventing Co
Infringement -Lights-Fishing
taking ship.-The bright white li
trawling fishing smack when atta
in pursuance of the provisions
Regulations for Preventing
although visible astern, is not a w
from the stern to an overtaking
meaning of art. 11 of the Regulation
Collisions 1880. Where it the dut
carry or show lights, and those
carried where they are visible, or
the court will not be extremely
another vessel to blame because
her fail to see the first-mentioned
few yards of the distance when su
first to have been seen. (The Paci

Regulations for Preventing Co
1880, arts. 13 and 18-Moderate sp
-Steamship-Sailing ship.-W
charge of a steamship in a dense fog
and then others following it and
even though the whistles get broade
it is their duty on bearing the f
reduce their speed, and as the vessel
bring their ship to as complete a
possible without putting her out of
when the other vessel has come
though not in sight, to stop and
engines. Art. 13 of the Regulation