166

Award-Sale of goods-Inferiority of quality-
Rejection of goods-Error of law on face of
award Jurisdiction of arbitration. (Champsey
Bhara and Co. v. Jivraj Balloo Spinning and
Weaving Company Limited. Jivraj Balloo Spin-
ning and Weaving Company Limited v. Champsey
Bhara and Co. Priv. Co.) (Appeal and Cross
Appeal consolidated.)....
Construction of deed-Award-Error on face of
award-Evidence of circumstances attending
preliminary negotiations-Implied covenant-
Sovereign State-Appeal of Sovereign State-
Objection to jurisdiction in other proceedings-
Competency of appeal. (Kelantan Government
v. Duff Development Company Limited. H. of L.) 356

Power of arbitrator-Discovery-Affidavit of docu-
ments-Sworn answers to interrogatories-Arbi-
tration Act 1889 (52 & 53 Vict. c. 49), Sched. I.,
par. (f). (Kursell and others v. Timber Operators
and Contractors Limited.)...

AWARD.

(See ARBITRATION.)

BANK.

PAGE

Russian bank with London branch-Russian Revo-
lution-Decrees and orders nationalising Russian
banking-Dissolution of head office-Action by
manager of London branch--Manager's power to
sue-Revocation of authority--Estoppel. (Russian
Commercial and Industrial Bank v. Comptoir
d'Escompte de Mulhouse and others. Ct. of App.) 706

BANKRUPTCY.

Formation of company by debtor-Deed assigning
debtor's assets to company-Shares allotted to
debtor-Shares allotted to his solicitor, who was
also a creditor-Contrivance for retaining benefit
to debtor-Defeating creditors (13 Eliz. c. 5).
(Re Fasey; Ex parte The Trustees. Ct. of App.) 132
Undischarged bankrupt-After-acquired property
-Death of bankrupt-Administration order under
sect. 130 of the Bankruptcy Act 1914-Not a
second receiving order-Sect. 39 not applicable---
Bankruptcy Act 1914 (4 & 5 Geo, 5, c. 59), ss. 39,
100 (3), 130-Bankruptcy Rules 1915, r. 321.
(Re Sarjeant)...

BEQUEST.
(See CHARITY.)

BIGAMY.

(See CRIMINAL LAW.)

BILL OF SALE.

825

Grantor's wife true owner of goods-Wife's statutory
declaration that grantor was owner-Subsequent
claim to goods by wife-No independent legal
advice-Estoppel-Bills of Sale Act (1878)
Amendment Act 1882 (45 & 46 Vict. c. 43), s. 5.
(Westen v. Fairbridge's Executors and others)... 221

BILL OF LADING.

(See SHIP.)

PAGE

517

771

417

527

Bequest for establishment of college for training
and development of spiritualistic mediums-
Whether trust beneficial to the public--Question
for decision of court, not testator. (Re Hummel-
tenberg; Beatty v. London Spiritualistic Alliance) 124
Will-Gift for endowment of church-Conditions
to secure sound Evangelical doctrine-Wearing
of black gown in pulpit-" Abiding condition
Refusal to comply with-Fund in court many
years-Petition to transfer to Ecclesiastical Com-
missioners-Condition impracticable and sub-
sidary to main purpose-Sanction of scheme dis-
pensing with condition. (Re Robinson; Wright
v. Tugwell)....
Will-Residue-Trust to provide or endow hospital
wards, beds, or cots or other similar objects in
connection with any hospital or other charitable
or benevolent institution--Valid charitable gift.
(Re Baron Ludlow (deceased); Bence-Jones v.
Attorney-General and another)..
Will-Residue upon trust for indefinite charitable
objects and such indefinite charitable and non-
charitable objects as executors think fit-Division
between them as trustees should determine-
Uncertainty-Power of appointment to executors
invalid-Sets of objects entitled to equal shares
-Gift valid. (Re Clarke (deceased); Bracey v.
Royal National Lifeboat Institution).

CHARTER-PARTY.
(See SHIP.)

C.I.F. CONTRACT.
(See CONTRACT.)

COLLISION.

(See SHIP.)

COMPANY.
(See INFANT.)

(See RATING.)

Association governed by Companies Clauses Con-
solidation Acts-Appreciation of capital assets-
Proposed distribution as profit available for pay-
ment of dividend-Paid-up capital remaining
intact Rights of debenture stockholder -No
distinction as to profit available for dividend in

247

310

PAGE

Companies Acts and Companies Clauses Acts-
Companies Clauses Act 1863 (8 & 9 Vict. c. 16),
ss. 22, 23, 31-Companies Clauses Consolidation
Act 1845 (26 & 27 Vict. c. 118), ss. 116, 120, 121.
(Cross v. Imperial Continental Gas Association).. 558
Memorandum of association-Alteration of objects
-Addition of business with no relation to existing
businesses carried on-Combination conveniently
or advantageously with existing businesses-
Question for determination by company itself-
Confirmation by court of alteration-Companies
(Consolidation) Act 1908 (8 Edw. 7, c. 69), s. 9,
sub-s. 1 (d). (Re Parent Tyre Company Limited). 244
Memorandum of association-Share capital re-
organised-Interest payable on ordinary shares
restricted Subdivision-Ordinary and Deferred
-Companies (Consolidation) Act 1908 (8 Edw. 7,
c. 69), s. 45. (Re Garden Village (Hull) Limited) 452

Payment of the price by the buyer-Resale of
goods-Payment by second buyer-Rejection
after payment of price-Acceptance of rejection
by seller Revesting of property in goods-
Buyer's right to retain goods until repayment-
Delivery order-Document signed by solicitors-
Sale of Goods Act 1893 (56 & 57 Vict. c. 71), sub-s.
38, 39. (Lyons (J. L.) and Co. v. May and Baker) 413
Sale of goods-Arbitration clause in contract—
Fixed time for giving notice of arbitration-Goods
not warranted free from latent defect-Goods
bought for cattle food-Poison-Impossibility of
discovery within time fixed for giving notice-
Damage to cattle-Award against buyers on the
ground that claim for arbitration out of time-
Buyers' right of action for damages-How
damages assessed. (Pinnock Brothers v. Lewis
and Peat Limited)...

Sale of goods-Description-Average weight-
Shipment in instalments-Rejection of instalment
for non-compliance with description-Divisibility
of contract. (Ballantine and Co. v. Cramp and
Bosman)

Sale of goods-F.o.b. contract-Buyer to provide
ship-Seller to load goods on ship-Postponement
of contract by agreement-Provision for demurrage
- Liquidated
Settled
damages Estoppel
account. (Trading Society Kwik-Hoo-Tong v.
Royal Commission on Sugar Supply)..........

-

320

502

500

PAGE

471

610

Sale of goods-Illegality-Impossibility of per-
formance-War C.i.f. eontract-Port of ship-
ment occupied by enemy-Shipment impossible--
Buyer's right to damages (W. J. Sargant and
Sons v. Eric Paterson and Co.)..
Sale of goods-Memorandum in writing-Expression
of purpose and intention of parties to which they
honourably pledge themselves-Ouster of juris-
diction-Breach of contract. (Rose and Frank
Company v. J. R. Crompton and Brothers Limited
and others. Ct. of App.)...
Sale of goods-Subject to trade customs-Arbitra-
tion clause--Practice-Breach of contract-Time
for claiming arbitration-Claim for arbitration not
made within time limited-Whether action for
damages barred. (Ayscough v. Sheed Thomson
and Co. Limited. Ct. of App.).....
Sale of goods-Variation of contract-Declaration
of shipment-Rejection of goods not in accordance
with contract as varied-Buyer's right to reject.
(Bernardino Correa Lda v. William Porter and Co.) 800
Seller's manager authorised to receive payment in
cash-Buyer's cheque made payable to seller's
manager-Cheque duly honoured-Notice
customers that cheques must be drawn to seller's
order-Discharge of buyer. (Bradford and Sons
Limited v. Price Brothers).....
Service Oral agreement-Employment for

to

one

429

408

Alien

Aliens Order Offence against-Non-produc-
tion of order at trial-Alien-Burden of proof as
to-Offence not indictable-Aliens Restriction
Act 1914 (4 & 5 Geo. 5, c. 12), s. 1, sub-ss. 2 and 4-
Aliens Restriction (Amendment) Act 1919 (9 & 10
Geo. 5, c. 92), s. 13, sub-ss. 1 and 4-Aliens Order
1920 (Statutory Rules and Orders 1920 No. 448),
art. 18 (4) (b). (Rex v. Kakelo).
Bigamy-Proof of Jewish marriage abroad-
Administration of Justice Act 1920 (10 & 11 Geo.
5, c. 81), s. 15-Application to criminal proceed.
ings. (Rex v. Hammer)

Evidence-Improper question put to defendant-
Whether case must be dismissed-Criminal
evidence Act 1898 (61 & 62 Vict. c. 36), s. 1 (f).
(Jenkins v. Feit)...

653

Habitual criminal-Procedure at trial. (Rex v.
Coney. Crim. App.)....

62

evidence of female alone-Description by judge
of complaint as corroborative evidence. (Rex v,
Lovell)

DAMAGES.

(See DIVORCE.)

DEED OF SEPARATION.
(See HUSBAND AND WIFE.)

of

by

DEFENCE OF THE REALM.
Explosives factory-Mortgage to Minister
Munitions-Possession of factory taken
Minister under Defence of Realm powers-
Appointment of receiver under mortgage powers
-Foreclosure action by Crown-Liability to
account for dealings under Defence of Realm
powers-Defence of the Realm Regulations, 2B
and 8-Indemnity Act 1920 (10 & 11 Geo. 5, c. 48),
ss. 1, 2, sub-s. 1 (b). (Re Colnbrook Chemical and
Explosives Company Limited; Attorney-General
v. The Company)

PAGE

Domicile-Nullity of Marriage-Effect here of annul-
ment of foreign marriage of an Englishman by
court of the country in which it was celebrated
on grounds not recognised by English law.
ford v. Mitford and Von Kuhlmann).....
Evidence Legitimacy of child-Evidence by hus-
band of non-access in fact when access
admittedly possible-Evidence (Further Amend.
ment) Act 1869 (32 & 33 Vict. c. 68), s. 3-Previous
statement by a witness inconsistent with the
evidence of such witness at the trial when
admissible-Common Law Procedure Act 1854
(17 & 18 Vict. c. 125), s. 23-Criminal Justice Act
1865 (28 & 29 Vict. c. 14), s. 4-Statute Law
Revision Act 1892 (55 & 56 Vict. c. 19)-Evidence
of facial resemblance of petitioner and child
whose paternity is in issue. (Russell v. Russell
and Mayer)

Practice Act on petition--Security for costs of
wife petitioner by respondent husband-Divorce
Rule 158. (Smith v. Smith)

Practice-Charges against prisoner already under-
going sentence. (Rex v. Rose. Crim. App.) .. 63
Practice-Indictment-Charge of stealing-Articles
stolen should be described in detail-Applicants
appealing from decision of judge refusing leave to
appeal-Unnecessary repetition to the court of
statements already made to the judge. (Rex v.
Young. Crim. App.)

Rape and indecent assault-Complaint of female-
Not corroboration of female's story-Duty of
judge to warn jury of risk of convicting upon

64

(See NEGLIGENCE.)

DOCKS.

(See SHIP.)

DOMICILE.

(See DIVORCE.)

DWELLING-HOUSE.

(See LANDLORD AND TENANT.)

EARLY CLOSING.

(See SHOPS.)

EASEMENT.

Ancient lights-Quia timet action-Evidence that
damage would be incurred-Interference with
light Injunction or damages-Jurisdiction of
Court of Chancery to give damages in lieu of

638

783

473

153

151

187

159

832

injunction Chancery Amendment Act 1858
(Lord Cairns' Act) (21 & 22 Vict. c. 27), s. 2.
(Slack v. Leeds Industrial Co-operative Society.
Ct. of App.)
Right of way-Drive in front of houses with
entrance gates-Mutual agreement by lessees
before grant of leases to so lay out plots-
Uninterrupted user of right of way over and
through drive and gates-No right of way in
leases Implied grants and reservations in-
Common intention given effect to-Exception to
general rule-Verbal agreement between lessees
enforceable in equity-Creation of easement by.
(Cory and others v. Davies)

Real

ECCLESIASTICAL LAW.
property-Revenue-Income tax-Private
statute-Parsonage house-Exemption from all
taxes except window tax-Exchange of old
parsonage house for new house-Presumption of
lost Act of Parliament validating exchange-
Abolition of window tax-Inhabited house duty
annual rent charge-Deduction of income tax-

Generalia specialibus non derogant "-Composi-
tion to a spiritual corporation sole-Statute 13
Eliz. c. 10, s. 3-Real Property Limitation Act
1833 (3 & 4 Will. 4, c. 37), s. 29--Income Tax Act
1918 (8 & 9 Geo. 5, c. 40), s. 170, sub-s. 2 (a), s. 213,
Sched. A., No. II., r. 3; No. VII. rr. 6, 7;
No. VIII., rr. 3, 4; all Schedules Rules 19, 21, 23.
(Harper v. Hedges)

ELECTRICITY.

PAGE

264

208

248

Lighting Tramways-Urban district council-
Undertakers-Transfer of powers to supply com-
pany-Exclusive right-Lease of tramways-
Alteration of borough to include urban district--
Corporation undertakers for lighting-Surrender
of district tramways to corporation-Refusal to
take electrical energy for added area-Supply of
electrical energy-Southport Electric Lighting
Order 1891 (54 Vict. c. 1)-Birkdale Electric Light-
ing Order 1898 (61 & 62 Vict. c. ccvii.)-Southport
Extension and Tramway Act 1900 (63 & 64
Vict. c. lxvi.), s. 42, 63, 64-Birkdale Urban
District Council Tramways Order 1901 (Edw. 7,
c. clxxxi.)-Southport Extension and Tramways
Order 1911 (1 & 2 Geo. 5, c. clxvi.), s. 3—
Electric Lighting (Clauses) Act 1899 (62 & 63
Vict. c. 19), s. 27- -Electric Lighting Act 1882
(45 & 46 Vict. c. 56), ss. 3 (3) (4)--Electric Light-
ing Act 1909 (9 Edw. 7, c. 34), s. 23. (Attorney.
General v. Southport Corporation. Ct. of App.). 181

EMERGENCY LEGISLATION.

Contract between two companies engaged respec-
tively in the manufacture and sale of goods of
enemy company-Order of Board of Trade to
wind up one company-Breach of contract--
Damages Refusal by liquidator to entertain
claim of other company-Effect of order upon
contract-Trading with the Enemy Amendment
Act 1916 (5 & 6 Geo. 5, c. 105), ss. 1, 2. (Re
British Incandescent Mantle Works Limited.)... 126
Dwelling-house-Rent- Increase Three years'
tenancy-Termination-Tenant holding over-
Acceptance of rent by landlord-Nature of
tenancy-Onus of proof-Notice of increase-
Increase of Rent and Mortgage Interest (Restric-
tions) Act 1920 (10 & 11 Geo. 5, c. 17), s. 3, sub-s. 1.
(Felce v. Hill.)

Landlord and tenant-Dwelling-house- Flat-Rent
including payment in respect of

at-

tendance "- Trivial services-Caretaker receiving
and delivering tenants' letters-Covenant to pro-
vide hot water-" De minimis non curat lex"-
Increase of Rent and Mortgage Interest (Restric-
tions) Act 1920 (10 & 11 Geo. 5, c. 17), s. 12, sub-s.
2, proviso (i.). (Wood v. Carwardine)
Landlord and tenant-Dwelling-house-Flat-
Separate and self-contained-" Bona fide recon-
structed by way of conversion -Rent-Claim

287

314

by tenant for repayment of excess-Increase of
Rent and Mortgage Interest (Restrictions) Act
1920 (10 & 11 Geo. 5, c. 17), s. 12, sub-s. 9, s. 14.
(Smith v. Prime)

use of

PAGE

441

44

Landlord and tenant-Dwelling house-Quarterly
tenancy-Apportionment of rent-" Rent which
includes payments in respect of
furniture"-Linoleum-Increase of Rent and
Mortgage Interest (Restrictions) Act 1920 (10 &
11 Geo. 5, c. 17), s. 12, sub-s. 2 (i.). (Wilkes and
Jones v. Goodwin. Ct. of App.)
Landlord and tenant-Dwelling-house-Recovery
of possession-Tenant's breach of covenant-
Increase of Rent and Mortgage Interest (Restric-
tions) Act 1920 (10 & 11 Geo. 5, c. 17) s. 5, sub-ss.
(1) (a), (b); s. 15, sub-s. (3). (Chapman v. Hughes) 232
Landlord and tenant-Dwelling-house-Restric-
tions-Standard rent-Reconstruction of premises
-Substantial improvement to one part-Trivial
alterations to the other part-Rent apportion-
ment Increase of Rent and Mortgage Interest
(Restrictions) Act 1920 (11 & 12 Geo. 5, c. 17),
s. 12, sub-s. 3. (Stockham v. Easton)
Landlord and tenant-Dwelling-house-Rooms-
Separate letting as a dwelling "-Standard rent
-Apportionment-Increase of Rent and Mort-
gage Interest (Restrictions) Act 1920 (10 & 11
Geo. 5, c. 17), s. 12 (1), (2), (8), (9). (Sutton v.
Begley. Ct. of App.)
Landlord and tenant-Restrictions-Dwelling-house

64

762

773

672

12

803

FUND IN COURT.

(See ADMINISTRATION ACTION.)

GAMING AND WAGERING.
Racing bets-Payment by cheque-Action for re-
payment of money paid to holder-Repeal of
statute Cause of action arising before passing of
repealing Act-Writ issued after passing of the
Act-Vested and accrued rights-Whether des-
troyed-Gaming Act 1835 (5 & 6 Will. 4, c. 41),
s. 2-Interpretation Act 1889 (52 & 53 Vict. c. 63),
8. 38, sub-s. 2 (c)-Gaming Act 1922 (12 & 13
Geo. 5, c. 19), s. 1. (Henshall v. Porter).....

GARNISHEE.

(See INTERNATIONAL LAW.)

GOLD COAST COLONY.

Practice Lands compulsorily taken-Compensa-
tion agreed-Ownership of lands-Trial of an
issue Appeal against judgment to full court-
Notice of appeal-Party directly affected ".
Supreme Court Ordinance (No. 4 of 1876; C. 7 of.
1920), Shed. II., order LIII., r. 7-Public Lands
Ordinance (No. 8 of 1876; C. 85 of 1920), s. 6,
sub-s. 8. (Manche Anege Akue v. Manche Kojo
Ababio IV. Priv. Co.)

.....

HABEAS CORPUS.
Practice-Appeal to House of Lords from order of
Court of Appeal making rule absolute-Applicant
not discharged from custody at date of appeal-
Jurisdiction-Competency of appeal-Appellate
Jurisdiction Act 1876 (39 & 40 Vict. c. 59), s. 3.
(Home Secretary v. O'Brien. H. of L.)...
Restoration of order in Ireland- -Arrest of person in
England-Order of Home Secretary for intern-
ment in the Irish Free State-Validity--Regula-
tions made under the Restoration of Order in
Ireland Act 1920 (10 & 11 Geo. 5, c. 31)-Reg. 14B
-Irish Free State Constitution Act 1922 (13 Geo.
5, sess. 2, c. 1.) (Rex v. Home Srcretary; Ex
parte O'Brien.
Ct. of App.).

HABITUAL CRIMINAL.

(See CRIMINAL LAW.)

HACKNEY CARRIAGE.

Motor-car Taxi-cab- Licensed driver - Alleged
negligence-Personal injuries to plaintiff--Regis
tered proprietor-Liability-Town Police Clauses
Act 1847 (10 & 11 Vict. c. 89). (Bygraves v.
Dicker)

HARBOUR.

443

343

577

419

688

HIRE-PURCHASE AGREEMENT.
Estoppel-Payments in arrear-Rent in arrear-
Execution for arrears of rent-Seizure and sale
of goods comprised in hire-purchase agreement-
Claim for proceeds as money had and received--
Delay-Apportionment. (Jones Brothers (Hollo-

way) Limited v. Woodhouse)..

HOUSING.

Working-class houses-Execution of works-Notice
from local authority-No appeal to Minister of
Health Non-execution-Work done by local
authority-Claim for expenses-Retonableness
of time specified in notice-Whether for magis-
trate Housing, Town Planning, &c., Act 1909
(9 Edw. 7, c. 44), s. 15 (6) Housing, Town
Planning, &c., Act 1919 (9 & 10 Geo. 5, c. 35),
s. 28. (Ryall v. Hart)

HOUSING AND TOWN PLANNING.
(See LOCAL GOVERNMENT.)

HUSBAND AND WIFE,
Alimony pendente lite-Judgment creditor of wife-
Equitable execution-Husband and wife joint
tenants of dwelling-house-Husband allowing wife
to receive the rent and to occupy part of house-
Separate property Receiver.
(John Walls
Limited v. Legge. Ct. of App.)..
Contract-Tort-False representation by wife of
authority to contract on husband's behalf-Tort
arising out of contract-Liability of husband.
(Edwards and another v. Porter; McNeall v.
Hawes. Ct. of App.). . . . .

Deed of separation-Conjugal rights-Covenant not
to enforce No bar to subsequent petition for-
Bona fides essence of right to relief-Intention to
have recourse to divorce proceedings-No dis
qualification of right to decree for restitution.
(Palmer v. Palmer. Ct. of App.)

Deed of separation-Covenant by husband to pay
annuity free of any deductions "-Claim by
wife for arrears of annuity-Plea of fraudulent
inducement-Alleged fraudulent concealment of
adultery-Second action for further arrears—
Same plea set up by husband-Other acts of
adultery charged-Res judicata-Payment of
annuity without deduction of income tax-Mis-
take of law-Claim to recover income tax paid.
(Ord v. Ord.)

Maintenance-Desertion-Justices' order on ground
of desertion after offer by husband to resume
cohabitation-Principle to be applied in deciding
whether desertion continued Non-cohabitation
clause and custody of children-Summary Juris
diction (Married Women) Act 1895 (58 & 59 Vict.
c. 39), ss. 4, 5. (Thomas v. Thomas.).

INCOME TAX.
(See JOINTURE.)
(See REVENUE.)

INDEPENDENT STATE.

(See INTERNATIONAL LAW.)

INDUCING CUSTOMERS NOT TO DEAL.
(See TRADE UNION.)

INDUSTRIAL DISEASE.
(See WORKMEN'S COMPENSATION.)

INFANT.

(See WORKMEN'S COMPENSATION.)

Company-Application for and allotment of shares-
Repudiation

317

85

129

170

665

605

575

during infancy-Consideration-
Right to recover money paid for shares. (Stein-
berg v. Scala (Leeds) Limited. Ct. of App.)..... 624

INSPECTION OF BOOKS AND ACCOUNTS.
(See TRADE UNION.)