TO VOL.

VOL. LXV.

Bankruptcy Bills, the-Suggested clauses, 69
Bankrupt's property-Improper sale by landlord-
Bankruptcy Act 1869, s. 92-Bill of Sale Act, 126
County Court, jurisdiction of, 271

Right of third parties, 141
Digest of Bankruptcy Decisions in the Year 1877,
296, 307, 323, 351, 380, 400, 419
Discharge-Misconduct of bankrupt-Inability to
pay 108. in the pound.-A bankrupt not entitled
to demand an order of discharge as of right, if
he has not paid 10s. in the pound, although he
has obtained a special resolution of creditors
in his favour, if it appears from the proceedings
in the bankruptcy that the failure to pay 103.
has arisen from his own misconduct and not
misfortune. The resolution not being a bond
fide exercise of the statutory power, and the
court having this knowledge, may refuse the
order, as being founded on a false representa-
tion, and calculated to mislead, 103
Equitable assignment Substantial advance-
Bankruptcy Act 1869, s. 92, 252

BANKRUPTCY LAW.

Fraudulent conveyance-Act of bankruptcy-Sale
by auction of bankrupt's entire effects-Inten.
tion to defeat expected execution-Knowledge
of purchaser-Undervalue.-Where within a
month from the service of a writ of summons
and plaint for damages, to which there was no
defence, the defendant caused the entire of his
estate and effects to be sold by public auction;
and it appeared to the court that the sale was
made at an undervalue, and that it was to the
knowledge of the purchaser a contrivance to
defeat and delay the plaintiff of his lawful ac-
tion, and of the damages to be recovered
therein Held, that the sale was fraudulent and
void as against the assignees in bankruptcy of
the vendor, under both 10 Car. 1, sess. 2, c. 3,
and 35 & 36 Vict. c. 58, s. 21, sub-sect. 2, 11
General Report by Comptroller in Bankruptcy,
379, 400, 419, 445
Liquidation-Mortgage of fishing smacks-" Ap.
purtenances After acquired property
Mutual credit clause-Merchant Shipping Act

-

-

1854, sects. 70, 72-Bankruptcy Act 1869, sect.
39.-A mortgage of a fishing smack and "appur.
tenances" covers not only the fishing gear,
sails &c., actually on board at the time of the
execution of the mortgage, but also all that
acquired subsequently thereto and appropriated
to replace that which is worn out. Semble,
where mortgages are given of several fishing
smacks at different times as security for a debt,
and from time to time the mortgag r pays off
portions of the debt, but does nothing to reduce
the mortgage securities, the mortgagee can
claim the full amount of security in the aggre-
gate, even though in some cases the fishing
smacks were sold for more than the amount
secured on them, 31

Rent-Personal liability of trustees, 162
Reputed ownership-Machinery-Agreement for
purchase, 105

Trustee-Nonpayment of costs-Contempt, com-
mittal for, 234

Accountants, 73

Bankruptcy Bill, the, 109

Divorce-Limited jurisdiction in matters of, 310
Easement compensation, 220

Bills of Sale Act 1878, 385, 450

144, 256

tions, 285

Evidence-Admissibility of deposition-Inability
to travel-Pregnancy, 202

Examinations at the Incorporated Law Society,
34, 55, 72, 91, 125, 143

Final Examination, 160
Highways, &c. Act, 1878, 404

County Court extension, 202, 237

Registrars and their salaries, 118, 127, 165

County Courts and local courts, 328

And the Incorporated Law Society, 202

Costs in interlocutory matters, 285

Covenant for production of deeds-Costs of pro-
duction, 285, 328

Defaulting lawyers, 34, 72, 91, 126

Holidays and the Courts, 92

And Solicitors, 91

Judges' Chambers, 238

Assault-Authority of schoolmaster, 383
Attachment-Registrar of County Court-Lia-
bility to garnishee proceedings, 162
Bailiffs-Alleged negligence, 87
Bankruptcy Act 1869, the, 11

Proof-Bill of exchange - Indorsement-
Authority, 252

Bill of sale Assignment-Rights of assignee-
Requisites of assignment, 339
Carman-A London carman not a common car.
rier, but liable for criminal acts by strangers in
consequence of his negligence as bailee, 53
Coal Mines Regulation Act 1872, 107

Common carrier-Delay-Loss of market-Reasonableness of conditions, 88

Consignor and Consignee-Unloading bricks-De-
lay-Demurrage, 403
Contempt of County Courts, 71
Counterfeit County Court process, 449
County Court jurisdiction, 353

County Court registrars and their salaries, 100
Discharge of debtor-Resolution of creditors-
Official certificate.-A liquidating debtor is not
discharged by the resolution of creditors, but
by the certificate of the registrar, 420
False imprisonment-Reasonable and probable
cause-Assault, 71

Friendly society-Jurisdiction-Rules of society not providing for settlement of disputes-38 & 39 Vict. c. 60, s. 22, sub-s. (d), 106 House agents' commission, 88 Judicial blunder, a, 87

Letting lodging-Contract to take-What amounts to, 353

Tenancy for a year-Breach of contract
-Damages, 384

Loan-Promise to repay-Consideration, 198
Medical attendance on servants, 384
Partner-Liability of outgoing partner-Creditor
under former partnership dealing with con-
tinuing partner-Discharge of former partner,
Pauper-Cost of burial, 235

106

Pawnbrokers and their customers, 249
Perjury and personal matters in the County
Courts, 402

Post-office order - Negotiable instrument-An innocent transferee for value who has obtained payment of a stolen post-office order is not liable to refund to the payee, 52

Principal and agent-Determination of relationship-Commission, 423

Railway company-Carriage of animals-Negligence-Conditions of contract, 253

Ball's Student's Guide to the Bar, 281

Bishop on Contracts, 45

LAW LIBRARY.

Goodeve's Abstract of Reported Cases relating to Letters Patent for Inventions, 211

Bund's Fishery Laws, 432

Coote's Common Form Practice, 281
Cordery's Law relating to Solicitors, 432
Cunningham's Indian Evidence Act, 281
Evans's Principal and Agent, 210

Greenwood's Recent Real Property Statutes, 432

Common Law Divisions of the High Court of Justice, 281

Indermaur's Manual of the Practice of the Supreme Court of Judicature, 45

Jones on Mortgages, 45

Nicoll and Flaxman's Law of Parliamenta
Municipal Registration, 432

Peel's Concise Treatise on the Practice and Pr
cedure in Chancery Actions, 210
Pope on the Law and Practice of Lunacy, 5
Sebastian's Law of Trademarks, &c., 45
Snell's Principles of Equity by Brown, 211
Underhill's Law of Torts, 281

LEADING ARTICLES.

Effect of payment of purchase. money to vendor with notice of his, 207 Loans to partners, 23, 43, 64, 79, 98, 116

others, 24

Rights of agent against third persons in tort, 3

Agreement containing a stipulation for a formal contract, the effect of an, 134

Appeal from decision of Queen's Bench upon case stated at Quarter Sessions, right of, 189 Assets of liquidating debtors, the, 359

Assizes and sessions, the report of the judges on,

316

provisions, 359

The effects of the, 412

Carriers Act, the construction of the-Fact or law, 40

Cattle Plague Act, the, 410
Common employment, 22

of members of corporation, 154 Costs in partition actions, 335, 373 County Court cases in the Court of Appeal, 156 County Courts, 20, 279

Jurisdiction (No. 2) Bill, Select Committee on, 372 Criminal Code, a, 80

The new, 116, 136, 155, 189, 209, 228, 348
Covenants, "usual," 225
Debtors Act 1878, the, 373

separate estate, 411

Examination as to motive-Previous character of witnesses and prisoners, 61

Execution creditors, rights of, in winding-up of companies, 191

False imprisonment, action for-Arrest under process, 98

General average, claims for, in the Admiralty Division, 3

Hire system, the legal aspect of the, of pur. chase, 429

Innkeepers Act 1878, the, 347

Interrogatories, the mode of objecting to, 2
Joint stock companies, trading names of, 173
Judicature Acts, recent cases under the, 317
Jury system, reform of the, 430
Larceny, 346

Lien, the sale of chattels subject to a, 43
Lunacy laws inquiry, the, 171

Maintenance-Interference with trustees' discretion, 173

Marriage settlements by infants, 279, 304
Married women parties, 208

Matrimonial Causes Act 1878, the, 115

Mercantile law, recent decisions affecting, 413, 429

Kay, J., Q C., 450

Keogh, Right Hon. Mr. Justice, 405
King, R., 145

Lovett, P. W., 329
Lumley, W. G., Q.C., 110
Macartney, W. G. D. 329
McDonnell, T., Q.C., 424
May, H. W., 220
Melville, M. L., 166
Murphy, J. J., Q.C., 238
Ottaway, C. J., 166
Peckham, R., 146
Plumbe, H., 310
Prance, C. H., 298, 310
Prendergast, H., Q.C., 424
Press, E., 145
Riley, H. T., 14

Rose, T. B., 256

Schomberg, J. T., Q.C., 274
Smith, W. W., 274
Snagg, Sir W., 110
Stephens, J. C., 32
Stopford, J. E., 32
Stone, W., 386
Sturdy, D., 274
Templeman, H. C., 32
Thurlow, H. F., 424
Tacker, G. R., 310
Wagstaffe, M. M., 298
Ward, S. C., 146
Webster, J., 133
Wells, G., 166, 220
Whalley, G. H., M.P., 405
Williams, R. V., 183