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(uh4 FEB 1962

LONDON:

"

PRINTED ANd published BY HORACE COX, AT THE "LAW TIMES OFFICE, WELLINGTON-STREET, STRAND.

GENERAL INDEX

TO VOL.

LXXVII.

BANKRUPTCY LAW AND PRACTICE.

Act of bankruptcy-Sect. 4, sub-sect. 1 (h) of
Bankruptcy Act 1883-Order and disposition-
Custom of trade (Re Walker and Son; Ex parte
Nickell and Knight), 179

Balance order-Bankruptcy notice-Sect. 4, sub-
sect. 1 (g) of Bankruptcy Act 1883 (Re Sanders;
Ex parte Whittie), 179

Bankruptcy Act 1883, the, 9, 63, 146

Bankruptcy Act 1883, s. 4 (Ex parte Woodall;

Re Woodall), 180

Bankruptcy fees-Debtor's petition, 164
Bill of sale, validity of-Statement of considera-
tion-Description of grantor (Re W. E. Davis,
a bankrupt; Ex parte The Trustee), 164
Certificate of transfer-Estoppel by correspon-
dence Appealable Bankruptcy Act 1883,
ss. 97, 104-G. R. 16 and 111 (Re Walker; Ex
parte Gillebrand), 179

-

Claim for particulars, discovery, interrogatories,
and a jury-The old practice (Re Carvill and
McKean), 146

Composition-Fair and reasonable-Sect. 18 of
Bankruptcy Act 1883 - Rash and hazardous
speculations (Re Rogers and Rogers), 163

Held, that, in considering an application to
confirm a composition, the court must have
regard not to the official receiver's report only,
but to all the evidence in the case, and also to
the point whether if the debtor had been ad-
judged bankrupt it was a case in which his con-
duct had been such as would have justified the
court in refusing, qualifying, or suspending the
debtor's discharge (Re J. F. Rogers), 147
Costs under the Bankruptcy Act, 28, 63, 82, 99,

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Proof-Rejection by official receiver (Re Knight;

Ex parte Smith), 23

Receiving order-Suit pending against debtor in

Chancery Division-Sect. 102 of the Bankruptcy

Act 1883 (Re White and Co.; Ex parte The

Official Receiver), 23

Secured creditor - Security undervalued (Re

Lacey; Ex parte Taylor), 81

Sect. 105 of Bankruptcy Act 1883- Costs of
debtor's solicitor-Substantial benefit to the
estate (Re Johnstone; Ex parte Angier),
197

Sect. 27 of Bankruptcy Act 1883-Examination of

witnesses (Re W. H. Wilkinson; Ex parte The

Official Receiver), 5

Shorthand writers' fees, 310

Solicitors, bankruptcy of (Re Henry Vallance and
Re J. Seymour Salaman), 358

Special case-Sect. 97 of Bankruptcy Act 1883-

Sect. 46 of Bankruptcy Act 1883-Costs of

execution-Sheriff's poundage (Re W. and J.

Ludford), 119

Stoppage in transitu-Vendor's right-Trustee

(Ex parte Allman and Co.; Re Townsend and

Thomas), 199

Substituted service-Rule 78 of the Bankruptcy

Rules 1883 (Re Pearce; Ex parte The Board of

Trade), 119

Third parties-Sect. 72 of Bankruptcy Act 1869-

Sect. 102 of Bankruptcy Act 1883 (Re Lowen-

thal; Ex parte Beesty), 145

Trustee-Costs of bankruptcy proceedings paid to

him by bankrupt - Application by official

receiver for payment over dismissed (Re

Stephen Walter (a Bankrupt); Ex parte The

Official Receiver), 372

Undistributed funds-Order by Board of Trade-

Sect. 162 of Bankruptcy Act 1883-Sect. 102-

Committal Personal service (Re Margetts;

Ex parte The Board of Trade), 197

Working of the Bankruptcy Act, 98

Acknowledgments by married women, 105, 151

Addison on Contracts (1883), 239

Assize circuits, 50, 421

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COUNTY COURT DECISIONS AND PROCEEDINGS.

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Debtors Act 1879-Committal of married women
(Abrahams v. Davis), 235
Debtor and creditor-Appropriation of payments
-Estoppel. Where a payment of a smaller sum
is made in discharge of a larger, the payment
must be appropriated according to the direction
of the payer and not the payee. Where a sum
of money was remitted by a debtor, with a letter
saying that it was sent in discharge of a larger
claim, and the amount was retained: Held, that
the plaintiffs were precluded from recovering the
balance, as they must be regarded as having
accepted the sum in discharge of their entire
debt (Dickinson Brothers v. Schofield, Lobley,
and Co.), 200

Debtor and creditor-Act of bankruptcy, pre-
ferential payment to creditor (Ex parte Denman ;
Re Vine's Liquidation), 83

Derby County Court, retirement of the registrar,

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Public Health Act 1875, s. 174-Ten days' public
notice of the work required to be done not
given-No notice of appeal under sect. 268 (The
Bournemouth Improvement Commissioners v.
Watts), 65

Railway company-Carriage of goods (Great
Western Railway Company v. Fraser), 83
Solicitor-Alleged assault by a clerk to a local
board-Ballot boxes-Right to remove from
the solicitor's office (Summers v. Skidmore),
200

Statute of Frauds-Completion of contract by
payment has no relation back-Property passing
-Res perit domino-Money paid by mistake
(Greaves v. Longster), 310
Trades union-Strike-Breach of contract-
Recovery of wages-Damages (Adams and
others v. Stothert and Co.), 29
Trespass-Liability (Edwards v. Jones), 399

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of company, 67

Assize arrangements, 235

Assizes, threatened removal of, 65

Bar Committee, the, 101, 165

Barrister to sue for fees, the right of a, 221
Benjamin, Q.C., the late Mr., 47

Betting agents, rights and liabilities of, 102
Betting in the streets not an offence, 237
Bills of exchange, summary judgment on, 255
Bills of Sale Act 1878-"Apparent possession'
-Appeals in interpleader actions, 11
Board schools, the rating of, 103

Building societies, preference shareholders in, 85
Canadian Queen's Counsel before the Privy Council,
384

Church patronage, 272

Circuits, the, 166, 252, 272

Clubs, service of process on, 48

Cock-crowing nuisance, the, 337, 373

Contempt of court (Whitley v. Whitley), 327
Copyright in musical productions, 149

Costs-Receiver

Remuneration - Professional
services (Routledge v. Alcock), 373
Degrading the Profession, 221
Divorce in France, 315
Dramatic copyright, 46, 86
Education Acts, the, 86

Enfranchisement of leaseholds, the, 396
Evidence in actions of negligence, 85
Foreign companies, the winding-up of, 149
French Divorce Act, the, 326, 384
Ground Game Act 1880 (Kinnaird v. Denny), 327
Guarantee-Blanks-Ambiguity-Extent of lia-
bility. A guarantee "to be answerable for the
amount of C.'s present and future liabilities to
you, not exceeding in the whole the sum of
L
to be payable within days
after demand" is a good and valid guarantee,
binding upon the guarantor without any limit
as to amount (New Zealand Loan and Mercan
tile Agency Company v. Paterson and McLeod),

362

201

Guardian-Appointment of guardian to represent
minor in France (Chiton v. Newcastle; Re The
Duke of Newcastle, an infant), 337
High Court of Justice (Provincial Sittings) Bill,
Implied condition on letting furnished houses, 67
Industrial sick insurance in Germany, 361
Injunction
Laches
Dramatic performance
(Bruce v. Morton), 358
International law as to the legitimacy of children,
336

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Amer's Forms of Assignment, 43

Gray's Bankruptcy Manual, 8

Barclay's French Law of Bills of Exchange, 116, Innes' Digest of the English Law of Easements,
233
382

Baxter's Judicature Acts and Rules, 26
Bisson's Our Schools and Colleges, 43
Bittleston's Reports in Chambers, 268
Boone's Law of Real Property, 27

Jeudwine's Time Tables for the High Court of
Justice and for the County Court, 215
Kain's Solicitor's Book-keeping, 161
Kennedy's Land Drainage and Sewers, 323

Bradwell's Reports of Appellate Courts of the Lowndes' Insurable Interest and Valuations, 61
State of Illinois, 27

Bund's Freshwater Fisheries Acts, 233
Burrell and Hyde's Law of Directors, 161
Bythewood and Jarman's System of Conveyancing,

44

Cababé and Ellis's Reports, 196

Cochran's Handy Text Book on Military Law, 43
Cripps' Law of Compensation, 62
Cunningham's Christian Opinion on Usury, 95
Digby's Introduction to the History of the Law of
Real Property, 309

Dodd's Arrangements between Debtors and Credi-
tors, 297

Edge's Forms of Leases, 116

Everest and Shodes on Estoppel, 232
Field's Speeches, Arguments, &c., 397
Forster's Law of Mines, Quarries, and Minerals, 7
Foulke's Elementary View of the Proceedings in
an Action, 144

Hale's Book-keeping for Solictors, 161
Hallilay's Proceedings in an Action, 196
Harrision's Law relating to Chief Rents, 357
Hayne's Lectures on Bankruptcy, 62
Haynes's Students' Leading Cases, 268
Hindle's Legal Status of Licensed Victuallers,
309

Holland's Summary of the Ecclesiastical Courts, 7
Hopkins' Average and Arbitration, 79
Howell's Naturalisation and Nationality in
Canada, 398

Hunter's Handbook on Administration Orders, 95

Lawrance's Precedents of Deeds of Arrangement,
251

Lee and Ware's Bankruptcy and Imprisonment
for Debt, 196

Lush's Law of Husband and Wife, 26

Malden and Poyser's Practice of the Supreme
Court, 251

Maltby on Candidates and Election Agents, 62
Manual of Costs, 309

Mattinson and Macaskie on Parliamentary and
Municipal Elections, &c., 233
Mayne on Damages, 297

Moore's Practical Forms of Agreements, 7
Munro's Patent, Designs and Trade Marks, 13
Murton's Wreck Inquiries, 62

Norton's Chartered Accountant's Examination
Guide, 8

Owen's Elementary Education Acts, 215
Palmer's Company Precedents, 79
Piggott's Foreign Judgments, and Parties out of
the Jurisdiction, 178

Pollock's Digest of the Law of Partnership, 233
Pridmore's Guide to the Preparation of Bills of
Cost, 358

Pulling's Order of the Coif, 177
Redman's Law of Arbitrations and Award, 309
Reed's Statute of Frauds, 323
Ribton's Law and Practice in Bankruptcy, 161
Rigg's Bankruptcy Act 1883, 8
Robson's Treatise on the Law of Bankruptcy,

382

Roscoe's Admiralty Forms and Precedents, 116
Roscoe's Nisi Prius Evidence, 309
Rubenstein's Conveyancing Costs under the
Solicitors' Remuneration Act, 161
Samson's Bankruptcy Act, 96

Sankey's Lectures on Mental Disease, 324
Schouler's Law of Personal Property, 346
Sebastian's Law of Trade Marks, 357
Shearwood's Questions and Answers, 79
Shearwood's Roman Law, 323

Shortt's Law relating to Books of Literature and
Art, 116

Slater's Copyright and Trade Marks, 214
Smith's Compendium of the Law of Real and
Personal Property, 251

Stewart on Marriage and Divorce, 27
Sutton's A B C Digest of Bankruptcy 1883, 332
Taylor on Private Corporations, 297
Trotter's Appeals from Justices, 334

Tucker and Cave's Concise Precedents in Con-
veyancing, 177

Turner's Duties of Solicitor to Client, 196
I'wiss's Law of Nations, 233

Underhill's Summary of the Law of Torts,
251

Underhill's Trusts and Trustees, 161

Wharton's Commentaries on American Law,
286

Wheeler and Lockwood's Appraiser, Auctioneer,
Broker, &c., 233

Willis' Law of Barkruptcy, 61

Williams' Statutes affecting Conveyancing, 7
Wilson's Legal Handy Books; the Law of Bills,
Cheques, Notes, and I O U's, 382
Wolstenholme and Parker's Settled Land Act,
161

Woolf's Law and Practice of Compensation, 95
Wright and Hobhouse's Local Government and
Local Taxation, 116

Dorsetshire Law Society, 271, 312

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Great Yarmouth Law Society, 41

Law Association, 100, 125

Gloucestershire and Wiltshire Incorporated Law Incorporated Law Society, 10, 101, 218, 271, 299, Solicitors' Benevolent Association, 10, 70, 148, 299
Society, 165

375, 386, 402, 412

United Law Clerks' Society, 124

Arbitrations, the law of, 283, 294, 307, 322, 333

Assignment and transfer of actions, 357

Bankruptcy Act, the operation of the, 411
Bar Committee, the, 112

Betting, the law of, 93

Bills of sale-their preparation and effect, 22

Can a mortgagee sue on his covenant after a sale?
370

Circuits, the, 21

Circuit reform, the provinces and, 192

LEADING ARTICLES.

Copyright, the law of, 39

County Court appeals, 411

Employers' Liability Act, judicial interpretation
of the, 409

Heirlooms and the Settled Land Act, 307
Law reform by correspondence, 345
Leasehold, enfranchisement of, 396
Local courts of justice, 393

Married Women's Property Act 1883, recent
decisions on, 246

Collisions at sea, an injurious rule of French law Married women's property, a restriction on,
with regard to, 391

Marine insurance, 321

228

On the respective rights of the vendor and pur
chaser of the goodwill of a business, 369
Railways, overcrowding on, 410

Rules for the construction of documents, 93, 112,
140, 193, 229, 265

Settled Land Áct, the, 229, 247, 320
Statutes of 1884, the, 392

Supreme Court of Judicature Act 1884, the,
381, 393

Third-party procedure, 332

Water, pollution of underground, by percolation,

175

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