property both present and future, including its uncalled capital. On a motion by the plaintiff for judgment in default of defence: Held, that it was the general practice of the Chancery Division in such cases to make the declaration of charge as asked for. Held, however, that where the application was made after a winding-up order, the court would, before making such a declaration, require to be satisfied that the official receiver raised no objection to the validity of the debentures. (Marwick v. Lord Thurlow.) Practice-Costs-Order for payment of costs of successful litigant out of assets-Right to immediate payment-Form of order-Existing ordersReference to chambers.-Prima facie successful litigants and persons who become creditors of a company after a winding-up order has been made are entitled to immediate payment in full, and the onus is on the liquidator to show that there

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no available assets. The form of order, whether for the liquidator to pay and retain out of the assets, or for payment out of the assets, or for the company to pay, makes no difference. A successful litigant whose costs were ordered to be paid out of the assets of a company applied for rayment at once, but it appearing that there were other claims entitled to immediate payment, the Court referred the application back to chambers, directing the registrar to regard only present claims or present orders, or rights to immediate payment and Board of Trade fees already incurred in inquiring whether the liquidator could resist immediate payment. (Re L ndon Metallurgical Company Limited; Ex parte Parker.)

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Successful application to have name removed from list of contributories Costs Personal liability of liquidator.—An application by certain persons to have their names struck off the list of contributories of a company which was being wound-up, was opposed by the liquidator, but was granted with costs. Held, that the costs were payable out of the assets of the company, and that the liquidator was not personally liable for them. (Re R. Bolton and Co. Limited; Salisbury-Jones and Dale's case.) 171 Private company-Incorporation for sole benefit of owner of business-Debts of company-Principal and agent-Indemnity-Lien-Debentures.-The Companies Acts were intended to allow seven or more persons bona fide associated for the purposes of trade to limit their liability under certain conditions, and to become a corporation; but they were not intended to legalise a pretended association for the purpose of enabling an individual to carry on his own business with limited liability in the name of a joint-stock company. Where, therefore, the owner of a business has, with a view to enabling himself to trade without risk, converted his business into a limited "private company, with his nominees as the only sharebolders, the court will regard such company as the agent of the founder in respect of the debts contracted by the company by his direction, and will in the event of the company being wound-up require him to indemnify the company against the claims of its creditors. (Broderip v. A. Salomon and Co. Limited.)... . 261, 755 Profits made before liquidation-Dividends payable to preference shareholders-Deficiency on capital account-Costs of liquidation-Priority.-A sum of money was standing to the credit of the revenue account of a limited company in liquidation. This sum represented profits earned by the company prior to liquidation. Held, that, in accordance with the contract contained in the company's memorandum and articles, the preference shareholders of the company were entitled to be paid certain arrears of dividends due to them out of the said sum in priority to payment of a deficiency on the capital account and to the costs of the liquidation. (Bishop v. Smyrna and Cassaba Railway Company Limited.) Public examination-Jurisdiction to make orderFurther report-Primâ facie case of fraud-Admissibility of rebutting evidence-Amending or

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removing report from file.-Where an official receiver, acting bona fide, has in a further report under sub-sect. (2) of sect. 8 of the Companies (Winding-up) Act 1890, stated facts which suggest a primâ facie case of fraud against any director or other officer of a company in relation to a company since its formation, or that in his opinion fraud has been committed, and has obtained thereon an order for the public examination of such director or officer, the court will refuse to allow evidence to be adduced for the purpose of rebutting such primâ facie case. Where such a report has been made by the official receiver, the court, if satisfied that a prima facie case of fraud is thereby shown, has a discretionary jurisdiction under sub-sect. (3) of sect. 8 to make an order for the public examination of the persons named in the report. And where the court in the exercise of such jurisdiction has made such an order, no person affected thereby will be permitted to question its proper exercise unless he can show that the court has exceeded its jurisdiction. (Re New Travellers' Chambers Limited.) ...page 89 Voluntary winding-up-Rent accrued due after winding-up-Rent payable in advance if required Distress-Beneficial occupation-Apportionment. -The defendants let certain premises to a limited company under an agreement which provided that two quarters' rent should always be due and payable in advance if required. On the 20th Dec. 1894 the company went into voluntary liquidation; the liquidator continued to occupy the premises for the purposes of the winding up. The quarter's rent due the 25th Dec. not being paid, the defendants on the 27th demanded payment thereof, and also of the next two qnarters' ront in advance. Payment being refused, the defendants proceeded to distrain for the three quarters' rent. On motion to restrain the defendants: Held, that the rent must be apportioned. The liquidator was entitled to a reasonable time to consider how long he would remain in possession, and upon delivering up possession must pay the rent in full from the date of the winding-up until such time as he should deliver up possession, such rent being payable as expenses of the winding-up. For the remainder of the three quarters' rent due, the defendants must prove in the winding-up. (Shackell and Co. v. Chorlton and Sons.) ...

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CONSULAR COURT IN JAPAN. Jurisdiction-Counter-claim.-By virtue of the treaties existing between Great Britain and Japan, a British subject has a right to require that proceedings taken against him by a Japanese shall be decided in the Consular Court; but the Consular Court has no jurisdiction o entertain a counter-claim against a Japanese, though arising out of the same circumstances as those which give rise to the action. The Japanese Government is in the same position with respect to proceedings in the Consular Court as a Japanese subject. No Order in Council can operate to confer upon the British Courts in Japan a wider jurisdiction than that acquired by treaty (The Imperial Japanese Government v. Peninsular and Oriental Steam Navigation Company.)

CONTRACT. Consideration-Marriage Statute of Frauds.-In a letter written by a father to the suitor of his daughter, but containing no reference to the intended marriage, the father said: "I agree to give my daughter Teresa 100l. a year, and 3000l. at my death." The marriage took place, and the annuity was paid. The father died, and by his will left his daughter a share in his residuary estate. In an action by the daughter and her husband against the trustees of her father's will to enforce the promise in the letter: Held, that the provisions of the Statute of Frauds had not been satisfied, as it could not be inferred from the letter that the marriage was the only consideration for the promise; and the marriage

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CONTRACT OF SERVICE. Seaman's wages-Incomplete voyage-Breach of implied contract to employ seaman on voyage of ordinary danger.-The plaintiff contracted with the defendant, for the sum of 301., to serve on a voyage from Newcastle to Yokohama as one of the crew of the T., a torpedo gunboat built by the defendants for the Japanese Government. The vessel left the Tyne carrying the Japanese flag, on the 31st July, at a time when the Governments of China and Japan were at peace, and neither plaintiff nor defendants knew that war was imminent. On the 3rd Aug., during the progress of the voyage, war was declared by Japan. The plaintiff refused to proceed with the voyage beyond Aden, on the ground of the increased danger to which he would be exposed by the outbreak of war, and brought an action against the defendants for the full amount of his wages and general damages. The defendants, having admitted responsibility for all acts done by the captain of the vessel within the scope of his authority, the action was treated as an action against the captain. Held, that the captain, as agent for the Japanese Government, who had declared war, was liable for breach of contract to employ the plaintiff on a voyage of only ordinary risk. Held also, that the plaintiff would have been entitled to his wages as far as Aden on a quantum meruit. Held also, that general damages for inconvenience, &c., were recoverable. (O'Neil v. Armstrong.)...

CONVERSION.

Devise of freehold lands-Codicil not dealing with such lands and confirming will-Lease of freeholds, of even date with codicil, with option to purchase fee-Exercise of option-Disposal of purchase money. (Re Pyle; Pyle v. Pyle.) ...

COPYRIGHT.

Dramatic piece-Right of representation-Infringement abroad-Jurisdiction of English court.The plaintiffs, an English company, were proprietors of the sole right of representing a musical play published in England. Under art. 2 of the Berne Convention they enjoyed for their work in Germany the same rights as the law of Germany grants to natives of Germany. Upon motion by the plaintiffs to restrain an infringement of their rights in Germany by a British subject: Held, that an English court had no jurisdiction to restrain an infringement of the plaintiffs' rights in Germany. (Morocco Bound Syndicate Limited v. Harris and Chamberlyn.) Infringement-Injunction-Designs for carriages— Sale of electrotypes of designs-Personal licenceRight to assign-Copyright Act 1842. (Cooper v. Stephens )...

Paintings - Fine Arts Copyright Act 1862 -Sketches in newspaper.-The manager of a theatre exhibited on the stage tableaux vivants, which were grouped and dressed in imitation of certain pictures, of which the copyright was in the appellant. The respondents, who were proprietors of an illustrated newspaper, published sketches of the tableaux exhibited at the theatre. Held that such sketches were not copies or reproductions of the appellant's pictures, or of the design thereof, within sect. 1 of the Fine Arts Copyright Act 1862. (Hanfstaengl v. Baines and Co., and another.)

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Registered periodical-Issue of coloured plate as supplement-Physical connection-Registration. -In order to entitle the proprietor of a periodical registered under the Literary Copyright Act 1842 to the copyright in a picture issued as a supplement thereto, it is not necessary that such picture should be physically connected with the periodical; but it is sufficient if it appears from a reference

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thereto in the periodical or otherwise that as a matter of fact the picture forms part thereof. (Comyns". Hyde.)..... Sporting guide-Publication of names of prophesied winners of horse races-Whether subject-matter of copyright-Alleged infringement-Injunction refused. The plaintiff, the proprietor of a weekly sporting guide, which was registered at Stationers' Hall, stated every Monday the names of horses likely in his opinion to win particular races on each day during the week. The defendants in a daily paper stated the names of horses selected by the plaintiff as likely to win particular races on each day: Held, that the words published by the defendants, and complained of by the plaintiff, were not in the nature of a literary composition intended to be protected by the policy or by the language of the Copyright Act 1842 inasmuch as what was really sought to be protected by the plaintiff was his opinion that this or that horse would win a particular race, and not the casting of those words into a particular form. Held, therefore, that the publication of the words in question was not in law a proper subject-matter of copyright; but that even if it had been there had been no infringement of it. (Chilton v. The Progress Printing and Publishing Co. Limited.)... 442

COUNTY COURT.

Jurisdiction-Judgment for over 201.-Power to stay execution.-The County Courts Act 1888 provides by sect. 105 that where judgment has been obtained for a sum not exceeding 201. the court may order payment by instalments, but in all other cases the full amount for which judgment has been obtained shall be ordered to be paid forthwith or within fourteen days, unless the plaintiff will consent that the same shall be paid by instalments. By sect. 153, if it shall at any time appear to the satisfaction of the judge that the defendant in any action is unable, from sickness or other sufficient cause to pay and discharge the debt or damages recovered against him, it shall be lawful for the judge, in his discretion, to suspend or stay any judgment, order, or execution given, made, or issued in such action, for such time and on such terms as the judge shall think fit. Held, that, where judgment has been recovered in an action in the County Court for a sum exceeding 201., the judge has no jurisdiction to stay execution unless he is satisfied that the judgment debtor is prevented from paying the judgment debt by sickness or some cause of that nature. (Attenborough v. Henschel.) 192 Right of appeal-Collision-Amendment of claim.— There is a right of appeal from a County Court in an interlocutory matter by permission of the County Court judge, although the amount is under 501. A County Court judge has power, under sect. 87 of the County Courts Act 1888, to amend a claim in an Admiralty action of collistion after the question of liability has been decided, and before the reference. (The Alert.) 124

Betting House Act 1853-Keeping premises for persons resorting thereto to bet-Nature of offenceBets by letter or telegram - Resorting' Penalties-Practice-Indictment for offences not charged in summary proceedings-Vexatious Indictments Acts-Points not reserved by casePractice of court as to sending back cases for restatement.-The offence created by the first portion of sect. 1 of the Betting House Act 1853 cannot be proved by evidence of directions communicated to the keeper of the premises unaccompanied by evidence tending to show that the purpose for which the premises were kept was for the betting with persons resorting therto in person. The offence created by the enactment being, however, the keeping open premises for the purpose of betting with persons resorting thereto, if the evidence shows that the premises were kept for such purpose it is unnecessary to prove actual personal resorting thereto on the part of any per

sons. Per Hawkins, J. (Wright, J. dissentiente) : A person convicted of keeping open, &c., a place, contrary to sect. 1 of the Betting House Act 1853, is not liable to more than one penalty in respect of the keeping open, &c., of such place upon any one occasion. Where, upon the hearing of a summons before a court of summary jurisdiction, the defendant is entitled under sect. 17 of the Summary Jurisdiction Act 1879 to claim, and does claim, to be tried by a jury, the position of matters becomes thereafter the same as if the defendant had been charged with an indictable offence and not with an offence punishable on summary_conviction. In such case, therefore, if the offence charged in the summons was one of the offences to which the Vexatious Indictments Acts apply, the statute 30 & 31 Vict. c 35 renders it lawful for the prosecution to present an indictment to the grand jury alleging a different offence to that, or containing counts alleging offences other than that, in respect of which the defendant was committed for trial, provided that such other offences are, in the opinion of the court in or before which the indictment is preferred, justified by the evidence given before the court of summary jurisdiction. The Court for Crown Cases Reserved will not send a case reserved for its opinion back to be restated for the purpose of raising a fresh point; and will only do so where anything arises which is incident to a point which is raised, and with regard to which the Court is desirous of further information. (Reg. v. Brown.) ...page 22 Betting House Act 1853-Ready-money bettingUsing place for betting with persons resorting thereto Betting with customers resorting to public-house-Money passing outside house.-A person who habitually resorts to the bar of a publichouse with a view to meet persons coming there in the character of customers to bet with him upon the contingency of horse-racing, may be convicted under 16 and 17 Vict. c. 119, s. 1, of using such place for the purpose of betting with persons resorting thereto, whether the money staked upon the results of such races is handed to him inside or outside the house. (Reg. v. Worton.) Demand of money with menaces-Threat of accusation of immorality.-The expression "menaces in sect. 44 of 24 & 25 Vict. c. 96, includes threats of danger to a person by the making of acusations of misconduct against him, although the accusations are not of criminal but of immoral conduct. (Reg. v. Tomlinson.) ... Habeas corpus-Intimidation-Following person to compel abstention from legal acts-Form of commitment-Sufficiency of description of offence.By sect. 7 of the Conspiracy and Protection of Property Act 1875, it is provided that every person who, with a view to compel any other person to abstain from doing any act which such other person has a legal right to do, wrongfully and without legal authority follows such other person with two or more other persons in a disorderly manner in or through any street, shall, on conviction, be liable to pay a fine or to imprisonment. G. W. and another were summarily convicted under the above section, and sentenced to a term of imprisonment. Each of the commitments stated that they had been charged for that they " with a view to compel one T. to abstain from working as a shoe finisher

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." did unlawfully, &c., follow him about, &c. On a motion for a writ of habeas corpus on the ground that the form of the commitments did not sufficiently specify the act which it was sought to compel T. to abstain from doing: Held, that the form of the commitments sufficiently expressed the offence charged, and that they were accordingly good commitments. (Ex parte Wilkins and another.) Indictment - False pretences Necessary averments-Person to whom pretence made- Particularity Evidence Admissibility - Skilled witness-Expert in handwriting-Experience acquired otherwise than in profession or business.— An indictment which alleges that a prisoner by means of an advertisement in a newspaper made a

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false pretence to all Her Majesty's subjects by means of which a person named in the indictment was induced to part with money in the belief that the pretence was true, sufficiently alleges that the false pretence was made to the person so named. In order to render the evidence of a witness admissible on the ground that he is skilled in the matter upon which he is called to give evidence, it is not necessary that such person should be skilled in such matter by reason of his profession or trade. It is sufficient if the Court is satisfied that he has in some way or other gained such experience in the matter as to entitle his evidence to credit. (Reg. v. Silverlock.) ...page 298 Indictment Necessary averment - Inference of law-Allegation that publication was malicious.It is not necessary to allege in an indictment facts which the law will necessarily infer from the proof of other facts which are alleged. An indictment for unlawfully writing and publishing a defamatory libel omitted to allege that the libel was published maliciously: Held, that the indictment was nevertheless good, inasmuch as upon proof of the publication of the libel the legal inference, until rebutted by the defendant, was that it was published maliciously, and the allegation that the publication was malicious was not therefore a necessary averment. (Reg. v Munslow.) 301 Relevancy of evidence Previous conviction Denial of plea of guilty-Cross-examination as to credit. In cross-examining a witness as to credit, any question that goes to his credit is material and relevant to the issue, and where a witness is questioned as to his having being previously convicted, it is open to inquire into the circumstances, and not merely the fact of such previous conviction. An indictment for perjury will therefore lie against a person for falsely swearing, in summary proceedings against himself for selling beer without a licence, that he had not previously pleaded guilty to a similar charge. (Reg. v. Baker.)

CUSTOMS AND INLAND REVENUE ACTS. (See ACCOUNT DUTY.)

631

DEED OF ASSIGNMENT. No words of limitation-Legal or equitable estateMoney passing as land-Lands Clauses Consolidation Act 1845.-Under a deed executed by father and son, the son, in consideration of the release by his father of a sum of 1000l., part of an alleged debt, purported to assign to his father absolutely all his "estate and interest whatsoever of and in the property, estate, and effects devised and bequeathed" by a certain will. The property subject to the will consisted partly of realty and partly of money in court, paid in as the result of compulsory sales. To all of this property the son was absolutely entitled, subject to the life interest therein of his father. On the death of the father the effect of the assignment was disputed. Held, that, in the absence of the proper words of limitation, or of any words of reference which might supply the defect, the deed failed to pass both the fee simple in the realty (whether the estate was legal or equitable), and also the money in court, which must be treated and conveyed as land. (Dearberg v. Letchford.) 489

her master and crew during a voyage, and the cargo owner exercises his right of treating the abandonment as a determination of the contract of affreightment, the subsequent recovery of the vessel by the shipowner from salvors at the port of discharge will not revive the contract, and the owner of the cargo will be entitled to have it returned to him without payment of freight. (The Arno.)

DIVORCE.

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Co-respondent ordered to pay petitioner's costsReceiver Reversionary interest - Forfeiture clause upon charge or bankruptcy.-The fact that a contingent reversionary interest to an estate under a will which contained a forfeiture clause upon the reversioner charging the same, or upon becoming bankrupt, is not sufficient ground for discharging a receiver appointed in respect of the reversioner's interest, and such appointment does not, of itself, constitute a charge within the clause. (Campbell v. Campbell and Davis.)... 294 Cruelty-Degrading treatment-Isolated acts of physical violence condoned years before-Deed of separation not a bar-Decree.-Upon a petition by the wife for dissolution of her marriage on the grounds of cruelty and adultery, where the only acts of physical violence had long since been condoned: Held, that wilfully depriving the wife of her proper position in the household, neglecting her, degrading her to the level of a servant, and compelling her to do the menial work of the house and to take her meals and to sleep apart from the rest of the household, was, in itself, cruelty which would entitle the wife to relief: and, although the wife had lived apart from her husband under a deed of separation, when coupled with adultery on the part of the husband, entitled the wife to have her marriage dissolved. (Aubourg v. Aubourg.) Custody of child pendente lite-Child over sixteenApplication by father-Order for child to remain in custody of mother.-Upon a summons by a father that the mother should be deprived of the custody of their eldest child, a girl over sixteen years of age, the judge (in chambers) refused the father's application, and directed that the mother should retain the custody of the child pending suit. (B. v. B.)

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Variation of settlements-Possible issue of future marriage-Personal interest in settled property confined to petitioner and respondent-Respondent's interest extinguished-Order that trustees reconvey property to petitioner absolutely.-By an indenture of settlement made in contemplation of his marriage with the respondent the petitioner conveyed to trustees his interest in certain hereditaments upon trust, subject to payment to the respondent of a yearly rentcharge-(1) for his own use for life, (2) for the use of the first and every other son of his marriage with the respondent, (3) for the use of the first and every other son of the petitioner by any subsequent marriage, (4) for the use of the petitioner's brother with remainder to the first and every other son of the said brother, (5) for the use of the daughters of the marriage of the petitioner and respondent, with (6) remainder to himself. Provision was also made for the maintenance of petitioner's children by this or any future marriage. There was no issue of the marriage, which was dissolved on the ground of the respondent's adultery; and the brother of the petitioner died a bachelor. The Court, upon the petitioner's application to vary the settlement, made an order, under the Matrimonial Causes Act 1859, that the trustees reconvey the settled property to the petitioner. (Meredyth v. Meredyth and Leigh.)

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ECCLESIASTICAL LAW. Church rate-Compulsory church rates abolitionChurch rate levied under private or local Act"Upon any contract made, or for good or valuable consideration given "-Fees collected by burial

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board applicable to repair of church.-The Compulsory Church Rates Abolition Act 1868, by sect. 5, provides that the Act "shall not affect any enactment in any private or local Act under the authority of which any church rates may be made or levied. upon any contract made, or for good or valuable consideration given." Held, that the 'contract made" or the "good or valuable consideration given" must appear in, or from the construction of, the enactment in the private or local Act which authorises the levying of the church rate. Under a private Act the vestrymen were empowered to build a new parish church, and provide a cemetery, and to fix and receive fees or burials in the church or cemetery, and to apply the same to, among other purposes, the repairs of the church. The Burial Act 1852, s. 36, provides that, where burial fees, or any part thereof, in the burial ground of any parish for which a burial ground is provided under the Act, are by law or custom payable to any persons for any parochial purpose or the discharge of any debt or liability, such fees shall be payable in the burial ground provided under the Act, and shall be received by the burial board and paid to the parties entitled to receive the same. Held, that the burial fees payable to the vestrymen under the private Act were payable in the burial ground provided by the burial board, and were payable by the burial board to the vestrymen for the purpose of repairing the parish church. (Reg. v. Vestry of Marylebone.)

ELECTION LAW.

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Name of person not a candidate appearing on ballot papers-Votes given for such person-Validity of such election-Mistake of returning officer's clerk -Liability of returning officer to costs.-At an election of urban district councillors, the name of a person who had been duly nominated, but who had within the prescribed time withdrawn his candidature, was omitted from the notices of poll, but was put on the ballot papers by the mistake of the returning officer's clerk, who had inadvertently copied the names from the nomination papers, and such person received a sufficient number of votes to have influenced the result of the election if such votes had been given to the other candidates: Held, that, as the result may have been affected by reason of the name of a person who was not a candidate appearing on the ballot papers, the election was not in accordance with the provisions of the Ballot Act 1872, and was void. Held also, that returning officers may be liable to pay costs for the consequences of their negligence, though in the present case, as the returning officer had intrusted the matter to a clerk of great experience, and as the mistake was the mistake of the clerk, the returning officer ought not to be ordered to pay costs. (Wilson, petitioner. v. Ingham and others, resps.; Kirkleatham Election Petition.)

Parliamentary franchise "Dwelling-house" Part of room-Cubicle.-A policeman occupied during a qualifying period a cubicle at a policestation by virtue of his service. The cubicle in question (and twelve others) contained a bed and other furniture, and was inclosed on three sides by a wooden partition not extending to the ceiling, the fourth side being an outside wall with a window in it. To each cubicle there was a door with a lock, each occupant being entitled to lock his cubicle at any time. The passage, ventilation, and atmosphere of the room were common to all the cubicles. Held, that the cubicle was not sufficiently separate from the rest of the room or dormitory as to be a "part of a house where that part is separately occupied as a dwelling " within the meaning of sect. 5 of the Act of 1878. (Barnett, app., v. Hickmott and the Town Clerk of Reading, resps.)

EVIDENCE.

Admission-Statement in letter of a partnership up to certain time-Subsequent statement in same

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letter of dissolution of partnership at that timeWhether letter is evidence of a continuance of the partnership.-In an action for the price of goods supplied to a firm between June 1893 and Feb. 1894, it was sought to charge the defendant as a member of the firm at the time the goods were supplied, and for this purpose there was put in evidence a letter written in Jan. 1893, by the defendant to the manager of the bank where the account of the firm had been kept, in which the defendant said: "I have not banked any money this last eight months, as I have dissolved partnership with my brother last April. Held, that the admission by the defendant that he was a partner down to April 1892 was evidence to go to the jury that the partnership still continued at the time when the goods were supplied, notwithstanding the subsequent statement in the same letter that the partnership had been dissolved, as such subsequent statement did not qualify the prior admission. (Brown and Sons v. Wren Brothers.)...page 109 Title to land-Waste of manor-Manor map-Tithe commutation map-Admissibility in evidence.-A map of a manor, in the possession of the lord of the manor, and made in 1817 by a person since deceased, who was proved to have been a competent surveyor and conversant with the district, is admissible in evidence in a case raising a question of public or general right, that is, in which a class of the community, namely the inhabitants of the township and tenants of the manor, has a common interest. A tithe commutation map, made in 1843, is also admissible in evidence in such a case. (Smith and another v. Lister and others.)...

FACTORIES AND WORKSHOPS. Machinery-Fencing - "All dangerous parts of machinery"-Power of magistrate to determine what constitutes dangerous machinery.-By the Factory and Workshop Act 1891 it is provided that "all dangerous parts of machinery are to be securely fenced. The power of determining what constitutes "dangerous machinery," which formerly might be settled by arbitration, is now transferred to the magistrate. Upon an information, under sect. 6, sub-sect. 2, of the Factory and Workshop Act 1891, laid by a factory inspector, it appeared that a boy employed by a tin manufacturer had suffered bodily injury whilst working a steam power press for shaping tin plates for boxes and cans. The machine, which was worked by steam power, was put in motion by a treadle whereby an upper die descended upon a lower die in order to stamp the tin plates. The boy's fingers were caught between the two dies and injured. The magistrate dismissed the information on the ground that the part of the machine where the accident occurred was not part of dangerous machinery which required to be fenced under the Act. Held, that the effect of sect. 6, sub-sect. 3, of the Act of 1878 as amended by sect. 6, sub-sect. 2, of the Act of 1891, is general and is not confined to the particular class of machinery mentioned in the previous part of the section. (Redgrave r. Lloyd and Son.)

FACTORS ACT 1889. Bankruptcy-Delivery or transfer-Sale, pledge, or other disposition.-Under the Factors Act 1889, 89,"where a person having bought or agreed to buy goods, obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the true owner. A person, in possession of a

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gas engine under a hiring agreement, assigned to a trustee for creditors all his stock, machinery, &c. The trustees took possession of the stock, including the gas engine, but subsequently the person from whom the engine was hired broke into the premises and seized the engine. In an action for trespass by the trustee : Held, that the engine not being the property of the assignor, but only hired, did not pass to the trustee under the assignment, and that consequently there was no "transfer within the meaning of sect. 9; that there was also no 66 delivery" within the meaning of the same section, as, though physical delivery of the engine was made to the trustee, still the debtor did not intend to deliver anything not included in the assignment, and this engine was not so included. (Kitto v. Bilbe, Hobson, and Co.)

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FISHING DISTRICT. Certificate of Secretary of State-Tributary-Definition of-Tributaries of tributaries-The Salmon Fishery Act 1873-The Freshwater Fisheries Act 1878. The limits of the river Severn and of the Severn Fishery District were defined by the certicate of the Secretary of State, dated the 20th Sept. 1882, as "so much of the river Severn and all of the tributaries of the said river Severn as is situate within the counties of and also

all streams, together with their estuaries and tributaries flowing into the said estuary of the said river Severn. On an information, charging the respondents with unlawfully taking trout within the district without a licence, it appeared that the offence charged was committed in a streamlet which runs into a brook called the Cain, which brook runs into the river Vyrnwy, which river flows into the river Severn. Held, that this streamlet was within the limits of the Severn Fishery District, and that the words in the certificate, "all the tributaries," mean and include all streams that flow into the Severn, and all tributaries of tributaries. (Evans, app., v. Owen and another, resps.)

GAMING.

Common gaming-house-Unlawful gaming within 17 and 18 Vict. c. 38, s. 4-" Baccarat "-Chemin de fer. The defendant was tenant to the plaintiff of certain premises under an agreement whereby the defendant agreed with the plaintiff "not to permit games of baccarat, hazard, or roulette to be played on the premises, but to use the said premises as a private club only, and so carry on the club as not to contravene any laws of the land for the time being in force." The defendant permitted to be played on the premises, and took part in, a game of chemin de fer." Held, that chemin de fer" and " baccarat" were substantially forms of the same game, and therefore in the same sense and under the same circumstances unlawful: Held, also, that both forms of the game were absolutely prohibited by the agreement. (Fairtlough v. Whitmore.) Stakeholder-Money deposited to abide result of race- -Right of depositor to recover.-Money deposited with a stakeholder to abide the result of a race may be recovered from the stakeholder where the depositor has claimed its return before it has been paid over to the winner. The words in the Gaming Act 1892 "money paid by him" do not apply to the case of money deposited to abide the result of a bet. (O'Sullivan v. Thomas.)

GARNISHEE ORDER. Money ordered to be paid into court-Money in hands of sheriff-Costs-" Debt or liability."A garnishee order cannot be made attaching a debt to answer a sum of money ordered to be paid into court. The effect of sect. 11, sub-sect. 2, of the Bankruptcy Act 1890 is to place a temporary stop on money in the hands of a sheriff, and the execution creditor has a vested right to such moneys, but liable to be divested in the event of

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