The Law Times

14 FEB 1962

LONDON:

PRINTED AND PUBLISHED BY HORACE COX, AT THE LAW TIMES OFFICE, WELLINGTON-STREET, STRAND.

GENERAL

TO VOL.

INDEX

LXXVIII.

BANKRUPTCY LAW AND PRACTICE.

Assignment for benefit of creditors-Liability of
trustee on garnishee summons to non-assenting
creditor-Bankruptcy Act 1883 (Harry v. Lusty;
Bishop, garnishee), 169

Non-registration (Greenway v. Atkins;
Basden, claimant), 229
Bankruptcy Act 1883

Suggested scheme for
remuneration of the debtor's solicitor by scale
in lieu of item charges, as adopted by the
Sheffield District Incorporated Law Society,
and submitted by that society to the Right
Hon. the President of the Board of Trade, 301
Bankruptcy appeals - Audience of solicitors
Bankruptcy Act 1883, sect. 151 (Re Barnett),

debtor, the debtor under a composition arrange-
ment cannot set up the illegality in answer to
the claim of the creditor for payment of the
composition upon the debt set out in the state-
ment (Re Towlson; Ex parte White Swan Money
Club), 410

Costs of realising bankrupt estates, 99
Execution-Proceeds held by sheriff-Notice of
bankruptcy Relative rights of trustee and
execution creditor (Ex parte Crosthwaite; Re
Pearce), 410

Final judgment (Ex parte Moore; Re Faithful),
302

Fraudulent preference-Two writs issued same
day-No defence-Judgment by default in one
and appearance to other-Ex parte Lancaster
distinguished (Re Mary Matilda Gadd), 169
Jurisdiction of County Court-Debtors Act 1869

Judgment debt exceeding £50 Power to
order payment by instalments (Fletcher v.
Morton and Wife) 391

Official receivers, liability of, 229
Practice-Voting-Where creditors have ten-
dered at the first meeting informal proofs
which the official receiver as chairman has
admitted to vote: Held, the only mode of ques-
tioning their right to vote is an appeal (Re
Aspinall), 119

Rejection of proof by trustee-Married Women's
Property Act 1882, s. 3 (Re Bailey; Ex parte
Bailey and another), 264
Consideration
Promissory note
Unful-
filled condition (Re Hill; Ex parte Hill), 152
Shorthand writer's notes-Duty of registrar (Re
Way; Ex parte The Trustee), 44
Solicitors' remuneration in bankruptcy matters,
301

Taxation of costs-A solicitor held liable to the
costs of taxation of a bill against trustee under
a liquidation which by arrangement under sect.
28 is payable by a third party, more than one-
sixth having been taxed off (Re Mitchell; Ex
parte Moseley), 119

What constitutes an act of bankruptcy?
Held, on the authority of Ex parte Oastler;
Re Friedlander (51 L. T. Rep. N. S. 309),
that the summoning of a meeting of credi-
tors by an insolvent debtor and the production
to them of a statement of affairs showing a
deficiency, unaccompanied by any statement of
the debtor that he has suspended payment or is
about to suspend payment, is not an act of
bankruptcy. If the notice convening the meet-
ing announced a suspension of payment as is
usual, would it not constitute an act of bank-
ruptcy? (Re Walsh; Ex parte Jones), 152

COUNTY COURT DECISIONS AND PROCEEDINGS.

Agricultural Holdings Act (Smith v. Acock), 45

Distress for rent not made by properly
authorised officer (Re Sanders; Wilkinson v.
Eccles), 170

Bailiff The word "bailiff " includes high

bailiff" in the 115th section of the County

Courts Act 1846 (The Gubek Tobacco Company

v. Mings; Ex parte the Gubek Tobacco Com-

pany), 392

Bond-Refusal of benefit by obligee-Cancellation

(Danson v. Davies), 61

Cattle diseases-Moving cattle-Licence-Railway

Company-Refusal to carry-Order of Privy

Council (Williams v. London and South-Western

Railway), 62

Common carrier-Contract contained in consign-

ment note-Carrier not bound by label on

package (Vicary v. The Great Western Railway

Company), 81

Conditions of sale (Keeves v. Perkins), 137
County Court appeals, 99, 249
Damages in "tort"

are not choses in action,"
and consequently not assignable under the
Judicature Act 1873, s. 25 (The Scottish Plate
Glass Insurance Company v. Boyce), 302

Easements-Distinct tenements under one roof-

Liability for drainage works--Public Health

Act 1875 (Leet v. Hall), 64

Employers' Liability Act-" Defect in plant" or

negligence of person in superintendence

(Allmarch v. Walker), 391

Definition of a workman"-Contributory

negligence (Leech v. Gartside and Co ), 427

If a workman die from the effect of an

accident six weeks after its occurrence without

having given notice of injury, his representa-

tives and relations may bring their action at

any time within twelve months, if there was

reasonable excuse for such want of notice,

without giving any notice of action, or at all

events on giving reasonable notice (Connor v.

Simpson and Co.), 61

Employers' Liability Act-Injury to workman

after dismissal (Cowler v. The Moresby Coal

Company Limited), 285

Fever Sanitary authority-Workhouse-Liabi-

lity of father (Bristol Board of Guardians v.

Gibbons), 63

Goods sold and delivered-Statement on invoice

received with goods that "No receipt is re-

cognised except upon the printed form of

receipt issued by the company"-Payment to

vendor's agent without taking such receipt (Stal-

lard and Sons Limited. William Custance), 100

Hearing in absence of judge (Williams v. Morgan),

321

Interpleader-A marriage settlement contained a

recital of agreement for settlement of furniture

and effects of wife in a certain house, and an

assignment of the furniture and effects in such

house, which were specified in the schedule,

but no schedule was attached to settlement as

prepared. Held, that the furniture did not

pass by assignment and was vested in the

husband subject to trusts of settlement, and

that he ought to have been the claimant in

interpleader (Norris v. Deportu; Hamilton and

another, claimants), 120

Kendal County Court, the, 103

Landlord and tenant-Waste-Proof of tenancy-

Custom (Clinch v. Depson), 321

Locomotives Acts-Horses frightened by traction

engine-Liability of owner-Right of user of

highway (Ecob v. Bissill and Co.), 100

Misrepresentation-Measure of damages (Bilton

v. Woodward), 373

Negligence-Infaut - Contributory negligence-

Whether infant of tender years can be guilty of

negligence (Hyde v. Hodgson), 46

Officials acting irregularly under process of the

court (Aspey v. Jones), 119

Partners Retiring partner Assets of firm-

Covenant not to practise-Release (Lush v. Meek

and Jackson), 411

Replevin-Right of avowant to distrain for rent-
Landlord's title expired-Estoppel (Knight v.
Hickman), 392

Salford Hundred Court-Exclusion of jurisdiction
Execution under judgment (Brierley v.
Cowen), 321

Sequestration - Powers of inferior courts-Pro-

cedure under Ecclesiastical Dilapidations Act

(Meyrick v. Bishop of Bangor), 136

Solicitor and client-Agreement with client as to

costs (Re Hodgson and Peyton; Ex parte

Hodgson), 154

Specific performance - Sufficient note or memo-

randum-Stamp (Goold v. Harrison and Wife), 25

Statute of Limitations (9 Gco. 4. c. 14)—Acknow-

ledgment (Lowson v. Kaufman), 427

Subdivision of tenements-Easements-Claim for

a right of water (Workman and others v. Fowler),

284

Wager-Receipt of money from loser-Liability

to pay over (Hornett v. Banwell), 65

Warranty on sale of goods-Waiver of breach of

warranty (The Anglo-American Marble Com-

pany v. Estcourt), 285

Water rates Annual value-Minimum charge

under special Act-Dispute as to value raised

after action brought-Waterworks Clauses Act

1847, s. 68 (The Colne Valley Water Company v.

Treharne), 65

CRIMINAL LAW AND THE JURISDICTION OF MAGISTRATES.

Adjournment of assizes, 81

Appeal in criminal cases, 209

Appeals against orders of affiliation, 208

Bigamy-Absence of wife for less than seven

years-No inquiries by husband as to her

whereabouts-Reasonable belief as to her death

-Question of fact for the jury. It is a defence

in a prosecution for bigamy that the accused

spouse had reasonable ground for believing that

the other spouse was dead before contracting

the second marriage, though the latter had not

been absent for the period of seven years. The

grounds for such reasonable belief are a question

of fact for the jury (Reg. v. Howlett), 153

Criminal lunatics, 284

False imprisonment Warrant or summons-Bail
(O'Brien v. Brabner), 409

Lunacy-15 & 16 Vict. 97, s. 68-Information-

Personal examination by justices-Commitment

to asylum-Excess of jurisdiction - Certiorari

(Reg. v. Whitfield and another, Justices of

Sussex, in the matter of Charles Hillman (an

alleged lunatic), 320

Manslaughter or inadvertence-Held, that the

prisoner having, without gross negligence, fired a

revolver and killed his housekeeper under the mis-

taken conclusion that she was a burglar, that did

not amount to manslaughter (Reg. v. Holmes), 337

Public Health Act 1875-Making up road-Appor-
tionment of cost Arbitration Deposit of
plans (West Ham Local Board v. The Great
Fastern Railway), 99

Public Prosecutions, The Director of, 462
Sale of Drugs Act 1875, sect. 6-Sile of article
quite different to that asked for (Knight v.
Bowers), 426

Spring-gun-Other engine calculated to destroy
human life or inflict grevious bodily harm-
Alarm gun-Gun harmless unless loaded with
shotted cartridge-24 & 25 Vict. c. 100, s. 31
(Reg. v. Hill), 8

Adams v. Coleridge, 76, 101

Admission to the Law Courts, 395

Agents as advocates, 137

Agreement of service-Illness-Notice-Wrong-

ful dismissal (Morrow v. Tacquah Gold Mines

Company, 393

Arbitration-Common Law Procedure Act 1852-

Revocation-Terms (Re McGavin and Louttet)

374

GENERAL INTELLIGENCE.

Arbitration Counter-claim - Costs (Lund v.

Campbell), 374