Affiliation order-Res judicata, 63 Agent both vendor and purchaser, 478 Alimony pendente lite-Wife's costs, 68 Arbitration-Three arbitrators, 366 Architect, guarantee by in building contract, 25 Attestation clause, imperfect, 452 BANKRUPTCY : Appeal, notice of-Extension of time, 134 Disclaimer of lease by trustee, 60 Distinct contracts-Right of proof, 114 Execution creditors-Seizure before act of Execution on goods of trader for over £50, 364 Fraudulent conveyance-Past debt, 308 Fraudulent preference, 60 Inspectorship deed-Injunction, 214 Ireland, power of Bankruptcy Act to restrain Liquidation-Jurisdiction, 477 Money acquired during bankruptcy, 134 Order and disposition, 46 Order and disposition-Policy of insurance, 115 Otherwise absenting himself "-Intent, 134 Parliament, members of-Liquidation, 406 Registration-Practice, 84 Reputed ownership, 294 Secured creditor-Judge's order, 114 Trustee-Title relating back, 136 Bill of sale-Affidavit, 81 Breach of contract before time for performance, 292 Allotment of shares-Notice-Revocation of Dangerous employment-Fencing machinery, 269 Amalgamation-Contributory, 230 Companies Act 1862-Examination, 289 Compromise and payment by trustee for com- Compromise-Petition to effect, 366 405 346 Inchoate foreign company, 211, 309 Lands Clauses Act-Agreement to take land, 62 Lands Clauses Act-Superfluous lands not re- Lands Clauses Act-Reinvestment of pur- Lands Clauses Act-Purchase of settled estate Man of straw-Transfer of shares to, 61 Numbering of shares - Transfer of wrong Official liquidator-Production of documents Order for payment of call-Suspending during Past members-Liability of, 43 Policy holders against shareholders, 290 Power to block up streets, 211 478, 479 Railway company, specific performance by, 27 Registration of transfer, power of directors to Reinvestment of purchase-money, 135 Right to damages under petition to wind-up, Transfer of winding-up to County Court, 366 Voluntary and compulsory winding-up, 309 Winding-up-Notice of appeal-Time, 228 Co-trustee, liability for breach of trust, 385 Creditor, right of to examine bankrupt, 308 Death, evidence of, in transfer of stock, 310 Dividends, payment to trustees, 309 Divorce practice, dismissal of co-respondent, 293 Donatio mortis causâ-Gift of cheque and pass Draining and paving new street-Expenses of, 44 Equitable assignment by lessee, 269 Equity practice-Motion ordered to st ind over, 62 Failure of trust of will, 213 Filing bill without authority, 135 Foreign corporation-Service of writ, 269 Game, covenant to preserve, 405 General average-Fuel to work donkey engine, Gift by will, interest, 80 Gift to wife and child-As a class or the wife, 248 Highway Act-Obstruction-Statute fair, 250 Holder of bill of exchange-Right to proceed for Husband and wife-Administration, 248 Ice on highway, negligence, 480 Improper marriage-Forfeiture of property, 310 Infant married woman-Mode of taking consent, Infant transferee, liability of jobber, 386 Injunction, suspension of, 426 Insurance on goods at wharf, 82 Intestacy, lapse of bequest, 229 Intestacy-Stranger in blood elected guardian, 252 Issues in divorce suits, 480 Jobber, liability on transfer of shares, 210 Joint probate, joint grant to attorneys of next of Judge ordinary, power to make rules, 68 Judicial separation-New charge of cruelty, 68 Judicial separation-Procedure, 328 Justices, jurisdiction in title, 231 Lands Clauses Act-Notice to treat, 66 Lands Clauses Act-Lands injuriously affected, 83 Lease, assignment of-Remote assignee, 292 Legacies, repetition of, 364 Leaseholds, renewal of, 42 Legacy duty, 292 Libel, bill of discovery in, 291 Lien of solicitor for costs, 230 Line of street-Projection beyond, 43 Local court, power to order examinations, 329 Lost codicil, evidence as to, 252 Power of appointment-Invalid exercise, 229 Principal and agent-Fayment to agent and Probate-Grant to creditor to institute proceed- Probate-No attestation clause-Witnesses, 233 233 Lunatic wife-Separate property, 135 Marine contract, to buy cargo on arrival, 291 Marriage articles-Perpetual annuity, 27 Marriage settlement-Volunteers, 99 Marriage, validity of-Signing register, 230 Mayor's court, jurisdiction of-Freight, 251 Mayor, purchase of chain for, 287 Medical officer, appointment by guardians, 232 Metropolitan Building Act-Fees of district sur- Metropolitan commons, right of pre-emption, 328 Mistake, suit to reform deed, 327 Mortgage by executor, 250 Mortgage-Power of sale, 345 Mortmain Acts, 347 Mother's right over children, 251 Negligence-Explosion of gas, 291 Negligence-Ice on platform, 233 Negligence-Injury caused by third party, 291 Parol agreement for lease-Specific performance, Parol trust-Illegal transaction, 478 Partition Act 1868-Parties interested abroad, 386 Partnership, power to bind, 293 Partnership, proof in dissolution, 365 Patent-Action as to validity, 230 Party-wall, right to support, 327 Per stirpes or per capita, 478 Petition of right-Government contract, 328 Pleading-Want of equity, 317 Policy of insurance, mortgage of, 478 Pollution of stream, injunction, 425 Poor law-Break of residence, 450 Probate-Wife executrix, 57 Professional misconduct of attorney, 82 Production of documents - Partnership books, Production of will-Citation, 459 Promise of marriage-Lost letters, 290 Queen's proctor, intervention of, 311, 368 Recovery of tenements in county courts, 252 Appellant-Wrong party-Jurisdiction, 65 Change of residence-Mistake, 65 County qualification-Rateable value under County vote-Expenses to be deducted, 66 County vote-" Land occupied," 66 County vote-Equitable freehold interest, 66 County vote-Poor burgesses - Custom, 82 Dwelling house-Joint tenant, 65 Notice of claim-Description, 65 Registration-Misdescription, 65 Sub-lessee-Interest in leasehold house, 82 Remoteness-Rule against perpetuities, 157 Structural severance-Valuation, 64 Substituted service of notice of motion, 290 Suit for restitution of conjugal rights-No answer, Surety, liability of-Indemnity on bill of sale, 68 Tack and set-off - Mortgagor and mortgagee, Tales, refusal to pray-Costs, 81 Tenor, executor according to the, 310 Thames Embankment Act-Compensation, 387 Three counsel-Taxation of costs, 386 Trademark-Colourable imitation, 6, 288, 447 Trade, within certain distance-Admeasurement, Tramways Act-Right to stop traffic, 289 Trespass, action of-Injunction to restrain, 232 Trustee "incapable to act," 288 Trustee Relief Act-Costs of petition, 406 Trustee, sale of shares to, 26 Trustees, appointment, 309 Trustees' discretion under will, 115 Trustees, liability of, 478 Sale of commission-Priority, 98 Scheme for administration, 135 Separation deed-Specific performance, 346 Settlement-Covenant to pay -Trustees' discre- Sheriff-False return by, and action for, 81 Poor Law Union extending into several juris- Slander of wife-Consortium, 82 Legal Education Association, The, 356 Legal Profession, The, 220, 240 Legal restraint of drunkenness, 220 Co-surety-Contingent liability, 411 Criminal prosecution under the Debtors' Act, 179 Debtor's summons, abuse of process, 466 Declaration of insolvency, ignorance of debtor, 86 Disclaimer of lease by trustee, 481 English and Scotch creditors, 447 Equitable mortgage-Order for sale, 411 Landlord's power to distrain, 237, 317 Landlord's right under Bankruptcy Act 1869, s. Liquidation-Equitable mortgage of lease, 181 Liquidation-Rights of third persons, 52 Majority in number-Special resolutions, 124, 217, No notice of meeting-Registration of resolutions, Non-payment of composition, 411 Notice to creditors unknown to petitioners, 433 Re-hearing, application when granted, 335 Rights of sureties under a liquidation, 236 Second petition-Can a debtor file? 218 Summary jurisdiction-Contempt of court, 236 Trustee, representative character of, 180 What constitutes an act of bankruptcy, 412 CORRESPONDENCE OF THE PROFESSION. Accountants and the Bankruptcy Act 1871, 396 Attorney's certificate duty, 258, 278 Australian Royal Commission on Intercolonial Legislation and a Court of Appeal, The, 182 Brighton County Court and debt collectors, 258 Palmer's (Sir R.) resolutions, 374, 467 Personal liability of bankruptcy trustees (Cot- Petitions for liquidation, 203 Practitioners' fees in County Courts, 299 Public prosecutors, 318, 336, 374 Public Prosecutors' Bill, The, 448 Public Prosecutors and Sanitary Acts Consolida- Abandonment-Further evidence, 99 Admiralty, jurisdiction in, 33 Admiralty jurisdiction-Damage, 162 Admiralty-Master's wages and disbursements- Animals fera natura-Trover, 255 Auctioneer-Right to recover for expenses in- Blair, Judge-Retirement of, 446 Cause of action-Where arising, 466 Common carriers-Liability of, 178, 394 Common carriers-Undue delay, 465 Contract by attorney and client for attorney's Contract-Re-sale by vendor before delivery, 393 Costs in ejectment, 354 Demurrage-Payment of town dues, 70. Claims for sheriffs' officers' fees (liability of attor Dividing cause of action-Payment into court, Easements-Continuous and apparent, 122 Father-Liability for goods supplied to school- Fencing tramway-No statutory obligation, 465 Freemen Rights of pasturage, 315 Friendly society-Jurisdiction as to, 179 Friendly society-Registration of rules, 255 Jurisdiction-Salvage-Value, 233 Landlord's statutory obligation to disinfect, 237 Married women, liability to be sued, 12 Andrews's Precedents of Leases, 425 Bund's (Willis), Ancient Land Settlement of Eng- City of London Directory, The, 248 Copinger's Index to Precedents in Conveyancing and to Common and Commercial Forms, 424 Cox's Epitome of the Session of 1871, 41 Daniell's Practice of the High Court of Chancery, De la Rue's Desk Diary for 1872, 248 Dewy's Manual of the Law relating to Divorce Elphinstone's Practical Introduction to Convey- Glen's Laws relating to Public Health and Local Government, including the Law relating to the Removal of Nuisances injurious to Health, the Prevention of Diseases, and Sewer Authorities, Goldsmith's Doctrine and Practice of Equity: A Concise Outline of the Proceedings at the High Goodeve's Law of Evidence as Administered in England and Applied to India, 248 Hall's Treatise on the Law relating to Profits á Hertslett's Index to Subjects to the twelve volumes Langdell's Selection of Cases on the Law of Con- Lee's Law and Practice of Bankruptcy and Im- Lewis's Indian Civil Code of Procedure, 226 Michael's Law of Gas and Water Supply, 343 Redman's Concise Treatise on the Law of Arbitra- Roman law as an English study, 113, 133 Sleigh's (Warner) Annual Digest of Criminal Torrens's Empire of Asia, 326 Wendt's Papers on Maritime Legislation, with a LEADING ARTICLES. Incorporated Law Society's examinations, The, Mutiny Act-Liability of militiamen and volun- Admiralty jurisdiction, re-arrest of ship for costs, Admiralty jurisdiction, should it be abolished? 2 Amendment of the Bankruptcy Act 1869, The, 423 An Indian Judge on the scientific study of the Another anomaly in the law of lunacy, 265 Appointment of County Court judges, The, 38 Bills of Sale Act and apparent ownership, 170 Bill to abolish Small Debts, The, 404 Board of Works and the Metropolitan Commons Central Criminal Court, The, 58 Coercion under the Criminal Law Amendment Compromise of suits as consideration for a pro- Construction of statutes in relation to "the in- Couple of legal quarterlies, A, 22 Criminal prosecutions and public prosecutors, 381 Criminal trials in the Queen's Bench, 473 Debate on Sir Roundell Palmer's resolutions, The, Dispatch of business at common law, The, 474 Distribution under the statute-Descendants of an intestate always take per stirpes, 225 Doctrine of remoteness and the Alabama claims, Ejectment-Costs under the County Court Act 1867 (30 & 31 Vict. c. 142), s. 5, 343 Element of time in suretyship, The, 111 Elements of the law of average, The, 96, 112, 132 Evidence in criminal cases, 245 Examinations at the Incorporated Law Society, Examinations for call to the Bar, 401 Explosive compounds, 75 Obtaining possession of a cheque by trickery Official liquidators and alleged contributories, 286, Translation of Sir Robert Collier, The, 296 The compensations of the Bar, 84 Personal liability of trustees in bankruptcy, The, Welsh speaking judges, 143 190 Petitions for liquidation, 170 Plea of purchase without notice, The, 323 Prevention of Crimes Act, The, 4 Privileged communications, 110 Qualification of justices of the peace, The, 456 Recent bankruptcy decisions, 226 Remedies for sanitary negligence, 110 Albert and European Assurance and Inquiry Bill, Amendment of the Highway Act, The, 311 Appellate jurisdiction, 406, 459 Appointment of Sir R. P. Collier, The, 270, 294 Arbitration by ex-Lord-Chancellors, 445 Arbitration for trades' unions, 270 Bankruptcy Bill (Ireland), 311 Rights and liabilities of sureties, The, 246 Rights of execution creditors as against the Ballot Bill, The, 270, 312 Treaty obligations and American fishermen, 94 True issue in the Collier case, The, 284 Value of law reports and text books, The, 6 Central school of legal education, 270 Chancery Funds Bill, The, 329, 426 Contagious Diseases Act, The, 270 Costs of criminal prosecutions, The, 389 Dungannon bench of magistrates, The, 270 Criminal Law Amendment Act, The, 215 County justices jurisdiction over matters within Inhabited house duty, 407 Judicature commission, The, 330 Judicature commission, The, resolutions of, 294 Justices' clerks (salaries), 330, 368 Liverpool drunkenness and disorderly houses, 175 Law bills and appeals, 387 Indecency in the public press, 171 Indian judges and an Indian barrister, 153 Insanity at the Old Bailey, 208 International law and the Anglo-American arbi- tration, 207, 226, 246, 267, 285 Issues for the Geneva Arbitrators, The, 472 Judgments of Vice-Chancellor Malins, The, 150 Judicial interpretation of mercantile terms, 189 Judicial remonstrance, The, 95 Legal restraint of drunkenness, The, 189. Liability of carriers by sea where there is no Liability of directors of a company for conceal- ment in the prospectus, The, 24 Liability, of mine owners and the Mines Regula- Liability of underwriters on goods for freight Limited interests in consumable chattels, 456 Locke King's Act Amendment Act (30 & 31 Married women and the municipal franchise, 23 Married Women's Property Act (1870) Amend- Meeting in Middle Temple Hall, The, 76 Merchant shipping code-Wreck and salvage, 39 Merchant shipping code-Pilotage Act, 151 Mutual credit in bankruptcy, 306 Nemo debet esse judex in propria sua causa, 324. Married Women's Property Bill, 407 Master and Servant (Wages) Bill, 407 Middlesex Registry of Deeds, The, 270 Agreement as to costs between attorney and New Courts of Justice, The, 329 A GENERAL INDEX to vols. 11 to 20 of the LAW TIMES REPORTS, New Series, will be published in ten parts, price 1s. each. Sent free of postage to subscribers. The first part is now ready. The General Index to vols. 1 to 10, N. S., may still be had, price 7s. 6d. in cloth. MR. CHARLES JEFFERY, of the Northern Circuit, has been appointed District Magistrate in Jamaica. The appointment is Ir was rumoured on the first day of Term, that Mr. Justice WILLES and Mr. Justice MONTAGUE SMITH will be two of the new supported by the fact that the latter Judge would have been one of the election Judges for the ensuing year; but Mr. Justice It is rumoured in legal circles that Mr. BRADSHAW, the secretary of the Judicature Commission, is to be the new County Court Judge for Lincolnshire, in the room of the late Mr. TEED. If an intimate acquaintance with numerous attempts to patch up our County Court system can be considered a qualification, Mr. BRAD- PRACTITIONERS should be careful how they use the bankruptcy laws as an engine for extorting payment of alleged debts. An in- structive case on this subject is reported in the present number of our reports, and we would call attention to one remark of Mr. BARON MARTIN, who said "Bankruptcy is the proper step when a man is so largely indebted that all his property is required to pay his creditors, and ought not to be had recourse to when pay- ment can be enforced by an execution in an ordinary action at A SYSTEM of touting is coming to light in the Court of Bankruptcy. On Saturday last a barrister produced to Mr. Registrar ROCHE a circular from the "Anti-Bankruptcy Association," requesting creditors to send proxies to the office, at Weavers'-hall, and con- taining information which was alleged to have been improperly obtained from the officials of the court. The Registrar directed an inquiry, in order that "the law might be enforced against all As we anticipated, our contemporary the Chicago Legal News was burnt out in the great fire. An affecting, and at the same time a characteristic, incident in connection with the event is mentioned by a little sheet which was brought out notwithstanding the destruction of the office. The little daughter of the editor, named BESSIE, rescued from the flames, not any of the valuable law library on the premises, but the subscription book and the ledger! These she courageously conveyed to a place of safety. Positively a file of the LAW TIMES was sacrificed in order to rescue the sub- scription book and the ledger! We fear BESSIE does not inherit the professional instincts of her learned mother, but is strongly possessed with the commercial keenness of her countrymen. The position of the Chicago lawyers is deplorable. The courts are de- stroyed, there is not a law book in the place, and there is no liti- gation, for the insurance companies, who might have caused some fighting, are absolutely bankrupt. Would it not be a noble act if English lawyers subscribed for the relief of their American breth- ren, at any rate to the extent of supplying the lost libraries? We MR. RUPERT KETTLE is a very able man and an admirable County Court Judge, and all that he says deserves attention; but the evidence which he gave before the Select Committee on Tribunals of Commerce suggests some perplexities. He says that bank- ruptcy laws are expensive, and that rogues benefit as much by the present system as they did under the old system. He also re- marked: I believe that the coat which I am wearing is enhanced in price to me at least 15 per cent. by the bankruptcy laws;" and goes on to explain this by saying that he paid the different manufacturers a margin to secure them against bad debts. latter proposition we do not dispute; but we do not quite compre- hend how an amendment of the bankruptcy laws could improve matters. If there were no bankruptcy laws at all-that is to say, if a man could not escape from his creditors-there would still be bad debts against which tradesmen would secure themselves by high prices. Mr. KETTLE is used to practical illustrations; but we do not think he can be considered accurate when he lays the high THE Pall Mall Gazette proposes that a code of law should be pre- |