Feme covert, reversionary interests, 129, Property, vesting, 38, 66

THE EXAMINATION CHRONICLE.

SUMMARY OF DECISIONS.

WILL OF FRENCHMEN DOMICILED IN ENGLAND.-Law of country of domicile. The following decision will be of use in case of a Frenchman in England desiring to make his will, the Court of Probate having decided that, by the French law, the will of a Frenchman domiciled in England, and executed there, according to the forms required by the English law, is a valid will. The Court recognised the proposition in Price v. Dewhurst (4 Myl. & Cr. 82), that "the law of the country, in which the deceased was domiciled at the time of his death, not only decides the course of distribution or succession as to personalty, but regulates the decision as to what constitutes the last will" (Laneuville v. Anderson, 9 W. R. 74).

INTERROGATORIES FOR PLAINTIFF'S EXAMINATION.-Pending exceptions taken to answer, they ought not to be filed without leave. -By the 15 & 16 Vic. c. 86, s. 19, after a defendant has put in a sufficient answer he may, in lieu of a cross-bill, file a concise statement and interrogatories for the examination of the plaintiff this, however, should not strictly be done until the time has elapsed for exceptions to the defendant's answer, at least not without leave (see Lafone v. Falkland, I. Co., 2 K., & John. 276; Gray v. Haigh, 13 Beav. 65), much less should it be done after the filing of exceptions to the defendant's answers for insufficiency, and which exceptions have neither been allowed nor disallowed: leave might be obtained on application (Martens v. Haigh, 3 L. T., N.S., 369).

ASSAULT CERTIFICATE.-On withdrawal of charge-bar to action. -By the 9th Geo. 4, c. 31, ss. 27, 28, on an information for an assault before magistrates, they may, where they shall deem the offence not to be proved, or shall find the assault and battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, "forthwith make out a certificate under their hands, stating the fact of such dismissal," which certificate shall release the party from all further proceedings, civil or criminal, for the same cause. It has been decided that a certificate upon the withdrawal by the claimant of a charge of

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assault before the hearing, is a bar to an action for the assault (Bradshaw v. Naughton, 3 L. T., N.S., 373).

ATTORNEY.—Profit costs-Trustee and executor solicitor. The doctrine of trustees being solicitors not being entitled to profit costs in respect of trusteeship employment, extends to a solicitor being an executor.-K., a solicitor, was appointed executor, and in that capacity filed a bill to satisfy a judgment debt. He afterwards claimed the costs of the suit as between solicitor and client. This was opposed by the judgment creditor, a party to the suit, who contended that K. was only entitled to costs out of pocket, he having acted as his own solicitor in the cause, and standing in the position of a constructive trustee. The taxing master allowed K. the costs he claimed, but on motion to vary the taxing master's certificate, it was held that K. was not entitled to profit costs. Indeed, according to the general practice, a solicitor in equity acting for himself is not entitled to profit costs, though this is otherwise at law. This is a point frequently overlooked, and seems to have been so in the above case (Pollard v. Doyle, 3 L. T. Rep., N.S., 432).

CHANGE OF VENUE-Decision of judge at chambers— Application to court.-Where in any action a judge at chambers has refused to change the venue, the court will not entertain an application to reverse his decision unless some overwhelming inconvenience or injustice would otherwise arise, and (per Martin, B.) in the non-issuable terms-Easter and Michaelmas-in actions for a substantial amount the venue is not to be changed from London to the country, unless for some very strong reasons (Rogers v. Napier, 3 L. T. Rep., N.S., 442).

CORONERS.-Power to take a second inquisition. A coroner cannot take a second inquisition upon the same body, the first inquisition being valid and subsisting (Reg v. White, 8 Week. Rep., 580).

CORONERS JURISDICTION.-Homicide —Fire-Inquest —Prohibition (4 Edw. 1).-A coroner has no jurisdiction to hold an inquest to inquire into the cause of a fire (Reg v. Herford, 8 Week. Rep., 579).

COSTS DEPRIVATION.-Verdict for less than £20-Application for costs either to judge at chambers or to court, but not to both.-By s. 4 of the 15 & 16 Vic. c. 54, if the plaintiff shall not be entitled to recover his costs by reason of the provisions of s. 11 of the 13 & 14 Vic., c. 61 (depriving a plaintiff of costs who recovers in a superior court a sum not exceeding £20 in actions of contract, or £5 in actions of tort, over which the county court has jurisdiction), if the plaintiff can satisfy the court or a judge at chambers that the action was brought for a cause in which concurrent jurisdiction is given to the superior courts by s. 128 of the original County Court Act, then the court or judge may direct that the plaintiff shall

recover his costs. It has been decided that, under the above sec. 4, a plaintiff may apply either to a judge at chambers or to the court for his costs of suit, but he cannot apply to both unless by way of appeal. If, therefore, he makes an application to a judge at chambers for an order for his costs-which application is refusedhe can only afterwards apply to the court by way of appeal, and in that case he must bring before the court, upon affidavit, the facts of his application to the judge at chambers (Warman v. Haldhmam, 3 L. T. Rep., N.S., 379).

COUNTY COURT.-Jurisdiction-Whole cause of action, 9 & 10 Vic. c. 95, s. 60-Statute of frauds.-The following is a case upon the County Court Act, as to the whole cause of action arising within the jurisdiction of such court. When, in an action upon a warranty brought in a county court, it appeared that a bargain for the purchase of a horse was made out of the district of the county court, but the contract was not reduced into writing under the Statute of Frauds; and, on the next day, at a place within the district, the vendor agreed to warrant the horse, and received the price, and delivered the horse to the purchaser; held that the whole cause of action arose within the district, and that the county court judge had jurisdiction in the cause (Aris v. Orchard, 3 L. T. Rep., N S., 443).

FORECLOSURE SUIT.-Disclaiming defendant-Costs.- Where, in a foreclosure suit, after a defendant has disclaimed all interest in the property, the plaintiff goes on to obtain an absolute decree of foreclosure against him, the latter is entitled to his costs from and after the disclaimer (Davies v. Whitmore, 8 Week. Rep., 596).

POLICY OF ASSURANCE. -On life of grantor-Redemption—Right to policy. Where a policy of assurance has been effected by a creditor, either directly or indirectly, at the expense of the debtor and by way of indemnity to himself, the policy, on payment of the debt, must be delivered up to the debtor. The case of an annuity is analogous (see Gotlieb v. Cranch, 4 De G. M. & G, 440; 21 L. T. Rep., 284; Drysdale v. Pigott, 27 L. T. Rep., 310; 2 Jur., N.S., 1078; reversing the M. R., 22 Beav., 238; 27 L. T. Rep. 193Courtnay v. Wright, 3 L. T. Rep., N.S., 433).

PRODUCTION OF DOCUMENTS.-Corporate body-Clerk to corporation. The clerk to a city corporation, or other corporate body, will be compelled to disclose on oath the particulars of the deeds, documents, and papers admitted by the answer of such corporation to be in their possession for the usual purposes of the suit (AttorneyGeneral v. the Mercers' Company, 3 L. T. Rep., N.S., 438).

CHARTER-PARTY.-Injunction-Jurisdiction of Courts of Equity. -The Court of Chancery has jurisdiction to deal with questions relating to charter-parties, and so, when a charter-party has been

entered into bona fide, it can on a sufficient case being made grant an injunction to restrain the breach of such a contract (Sevin v. Delandes, 3 L. T. Rep., N.S., 461).

ANNUITY.-Perpetual-Will-Construction. -Frequent questions arise on gifts of annuities by will, whether or not they are intended to be perpetual. In the following case the Lord Chancellor laid it down as a rule that, to make an annuity, created by will, perpetual, it must be done by express words, or the intention of the testator clearly indicated; such an indication may be inferred where there is a direction to segregate and appropriate a portion of his property (Lett v. Randall, 3 Law Times Rep., N.S., 455).

INSOLVENCY.-Protection Acts-Vesting of property-Beneficial contracts. The Protection Acts give to assignees, for the advantage of the creditors, every beneficial matter belonging to a petitioner's estate; therefore contracts entered into by an insolvent from which there is a possibility of profit pass to the assignees (Re Ludford, 3 L. T. Rep., N.S., 482).

BANKRUPTCY.-Petition for agreement-Prior act of bankruptcy -Adjudication on petition of a creditor-Bankrupt law consolidation act, ss. 101 and 104.-The Lords Justices have decided that the effect of the arrangement clauses in the Bankruptcy Consolidation Act does not supersede or control the powers given by the 101st & 104th secs. of that statute, and it is therefore competent to a creditor, notwithstanding a petition for arrangement should be pending, to file his petition for an adjudication in bankruptcy; but this does not apply to a case where the creditor had previously acquiesced in, or sanctioned proceedings under the petition for arrangement (Treherne v. Sanders, 3 L. T. Rep., N.S., 459).

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COPYRIGHT-Registration of 5 & 6 Vic. c. 45, 8. 24-Book— Separate article.-By s. 2 of the Copyright Act, 5 & 6 Vic. c. 45, book" shall be construed to mean every volume, part, or division of a volume, &c. : Held, that a separate article, advertised to form part of a periodical publication, was not a book within the meaning of the act to require registration under the 24th sec. Held also, that the author of such separate article was entitled to restrain the publisher from publishing such article in a separate form (Murray v. Maxwell, 3 L. T. Rep., N.S., 466).

MARRIAGE, DISSOLUTION.-Suit for dissolution by the husband -Some issues found for the petitioner- Some for respondent-Petition dismissed with costs-Principles of taxation.-Costs in a matrimonial suit are taxed as between party and party, but not in all respects on the same principle as taxation at common law between party and party. Thus, though certain issues may have been found against the party whose costs are being taxed, the expenses incurred by them will be allowed unless the registrar should think that they