Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση
[blocks in formation]

The pages at which the Rules are set out are indicated by the numerals

in black type.

PAGE

Bankruptcy Rules, 1883

PAGE

995

1029 1025, 1029 1025, 1029

1046 1046 1042 1024 1025 1025

r. 10
r. 11
r. 12
r. 20
r. 21
r. 23
r. 117
r. 118
r. 119
r. 120

Bankruptcy Rules, 1883, r. 122 ... 1025

r. 123 ... 1025 r. 124 ... 1025 r. 165 ... 1050 r. 218 ... 1012 r. 232 ... 308,

1042 r. 259 897, 1033

...

...

r. 265 ... 815 Appendix, Form 6

1025 Form 71

1012

... 1025

ADDENDA AND CORRIGENDA.

The reader is requested to insert the cases on the following pages, and note the errors therein mentioned in their proper places in the work. The cases have, for convenience of removal, been printed on one side only.

These addenda and corrigenda are referred to by the letters Add,followed by the page to which the particular addendum refers.

Addenda and Corrigenda.

cxliii

Page 76, line 16 from bottom.

Add, " Bradlaugh v. Gossett, 12 Q. B. D. 271." 78, line 9.

Add, Cooper v. Moon, W. N., 1884, p. 78, Field, J.; Cooke v. Wilby, 25 Ch. D. 769, cited post, Add. p. 109.” 79, line 26 from bottom.

Add, In construing a marine policy, the Court will take judicial notice of what appears on the admiralty chart of the portion of the sea to which

the insurance relates. Birrell v. Dryer, 9 Ap. Ca. 345–347, 353, D. P.” 89, line 17.

Add, “By order in Council, of June 26th, 1884, Warwickshire has been divided into two divisions." 109, line 4 from bottom.

Add, By Rules, 1883, 0. xxxviii. r. 6, ante, pp. 77, 78, affidavits may be sworn in Her Majesty's dominions in foreign parts before any judge, court, notary public, or person lawfully authorized to administer oaths, or in other foreign parts, before any of Her Majesty's consuls or vice-consuls, and judicial notice is to be taken of their seal or signature. By 21 & 22 Vict. c. 95, s. 31, where there are no consuls or other persons mentioned in 18 & 19 Vict. c. 42, s. 3, ante, p. 77, an affidavit, for use in the Court of Probate, might be made before any foreign local magistrate, or other person, having authority to administer an oath.' This provision is now extended by J. Act, 1873, s. 76, to all divisions of the High Court. Cooper v. Moon, W. N., 1884, p. 78 ; in which case Field, J., allowed the filing of an affidavit sworn before a notary where there was no British consul. The decision of Chitty, J., in Cooke v. Wilby, 25 Ch. D. 769, is founded on the practice in Court of

Chancery." 127, line 16.

Add, “See Wright v. Sanderson, 53 L. J., P. D. & A. 49, C. A.” 139, line 17.

Add, "See also Wright v. Sanderson, 53 L. J., P. D. & A. 49, C. A.” 148, line 23.

For Medan,read Maden." 161, line 12.

To " Kennedy v. Lyell," add, “affirmed, 9 Ap. Ca. 81, D. P." 162, line 19 from bɔttom.

Add, “See further, Reg. v. Cox, W. N. 1884, p. 162, Q. B. D.” 180, line 22.

Add, ** Priestman v. Thomas, 9 P. D. 70, affirm, in C. A., W. N. 1884,

59

p. 143."

214, line 18 from bottom.

Por “sect. 17 (2 a),” read sect. 15 (2a)." 231, line 8 from bottom.

For Denman,read Henman." 234, lines 2, 3.

Por 's sect. 15 (2b), ante, p. 216," read sect. 15 (2 a), ante, p. 214." 262, line 19 from bottom.

Add, It has however since been decided that consent, given by counsel, by the authority of his client, to an order, there being no mistake or surprise, cannot be arbitrarily withdrawn, although the order has not been

drawn up. Harvey v. Croydon Sanitary Authority, 26 Ch. D. 249, C. A.” 274, line 17.

Por “no longer,” read “still.” 274, line 20.

Add, Vide post, p. 908."

Addenda and Corrigenda.

cxliv

Page 275, lines 15-19.

Por paragraph, As the decision . ... 0. lix. r. 1 (e)," substitute the following, "The jurisdiction of the judge or Court to interfere, by order, with the rule of costs of an action tried with a jury, only arises where there is good cause ;'an appeal therefore lies from such order to the C. A. Jones

v. Curling, 53 L. J., Q. B. D. 373, C. A.” 275, line 14, from bottom.

Add, See also Pearson v. Ripley, 50 L. T. 629, Q. B. D.; Waring v.

Pearman, Id. 633." 275, line 26.

Add, See also Goutard v. Carr, 53 L, J., Q. B. D. 55, C.A." 275, line 3 from bottom.

Add, “The assessment of damages by a jury where judgment has been signed against the defendant by default, is not within the proviso, and the costs do not follow the event. Gath v. Howarth, W. N. 1884, p. 99,

Field, J.” 276, line 26.

Add, “The liability of C. to costs is not affected by the County Courts

Act, 1867, s. 5, infra. Bates v. Burchell, W. N. 1884, p. 108, Field, J.” 276, line 7 from bottom.

Add, “So where an application for judgment was made under 0. xiv., and the jury have negatived the defence set up by the defendant, on which he obtained leave to defend. Copley v. Jackson, W. N. 1884, p. 94,

Field, J." 278, line 19.

Add, "Sect. 5 does not apply to third party costs. Bates v. Burchell,

W. N., 1884, p. 108, Field, J." 282, line 7.

Add, "Ex pte. Theys, 25 Ch. D. 587, C. A.; Walker v. Bradford Old

Bank, 12 Q. B. D. 511." 296, line 18 from bottom.

Dele "D." 299, line 6.

Add, “See also Heywood v. Mallalieu, 25 Ch. D. 357." 300, line 3 from bottom.

Add, Palmer v. Johnson, was affirmed in C. A., 53 L. J., Q. B. D. 348, overruling Manson v. Thacker, Besley v. Besley, Allen v. Richardson,

and the judgment of Williams, J., in Joliffe v. Baker, cited pp. 300, 301.” 301, line 22.

Add, “See further Howe v. Smith, 50 L. T., 573, C. A." 305, line 9.

Add, “One joint tenant, or tenant in common, can demise his interest at a rent, to another joint tenant, or tenant in common. Cowper v. Fletcher,

Leigh v. Dickeson, cited post, p. 987." 316, line 22.

Add, As to liability of tenant in common of a house, to contribute to expense of repairs done by his co-tenant, see Leigh v. Dickeson, 12 Q. B. D.

194, cited post, p. 532." 329, line 7.

Add, The Bank Holidays Act, 1871, 34 & 35 Vict. c. 17, s. 1, appoints as bank holidays Easter Monday, Whitsun Monday, the first Monday in August, and December 26th, if a week day. If it be a Sunday, then the holiday is December 27th ; 38 & 39 Vict. c. 13, s. 2. By 34 & 35 Vict. c. 17, s. 5, these days may in any year be altered by Order in Council ; and Her Majesty may by proclamation appoint other days to be kept as bank

holidays (sect. 4)." VOL. 1

k

« ΠροηγούμενηΣυνέχεια »