BRIBERY. Of competitor's employee by member of a firm as a tort for which the firm is responsible, see Partnership. BRINE. Pumping of, as actionable injury to owners of adjoining salt mines, see Mines. BROKER. Construction of contract of employment, see Contracts. Right of, to commission, see Principal and Agent. BUILDING CONTRACTS. Promise of owner to see subcontractor paid if he will continue work, as a promise to answer for the debt or default of another, see Contracts. CATTLE. Liability of railroad for killing of, see Railroads. CHAMPERTY AND MAINTENANCE. In assignment of debt, see Assignment. CHECKS. Liability of bank paying raised check, see Banks. As valuable consideration for promissory note, see Bills and Notes. CHEQUE. See Banks. CLUBS. 1. An ordinary club is formed upon the tacit understanding, judicially recognized, that no member as such becomes liable to pay to its funds or otherwise any money beyond the subscriptions required by its rules. Wise v. Perpetual Trustee Co. 5: 752 [1903] A. C. 139. Also Reported in 72 L. J. P. C. N. S. 31, 51 Week. Rep. 241, 87 L. T. N. S. 569, 19 Times L. R. 125. 2. Trustees of a club who have become personally liable upon obligations incurred on behalf of the club are entitled to indemnity out of any property of the club to which their lien as trustees extends; but the members of the club are not, by reason of being cestuis que trust, personally liable to indemnify them where there is no rule imposing such liability upon them. Wise v. Perpetual Trustee Co. 5: 752 [1903] A. C. 139. Also reported in 72 L. J. P. C. N. S. 31, 51 Week. Rep. 241, 87 L. T. N. S. 569, 19 Times L. R. 125. COMMERCIAL PAPER. See Bills and Notes. 5 B. R. C. (Annotated) COMMISSIONS. Right of broker to, as affected by secret profit, see Principal and Agent. COMPANY LAW. See Corporations. CONDEMNATION. Of captured property, see Prize and CONFLICT OF LAWS. As to insurance matters. 1. The questions arising under an English policy of marine insurance are to be decided according to English jurisprudence. Andersen v. Marten, 5: 66 [1908] A. C. 334. Also Reported in 77 L. J. K. B. N. S. 950, 99 L. T. N. S. 254, 24 Times L. R. 775, 52 Sol. Jo. 680, 13 Com. Cas. 321. As to status; marriage; divorce. 2. Semble, that in determining whether a foreign court had jurisdiction to grant a divorce, the question of the domicil of the parties to the suit is governed by the law of the state in which the divorce was granted. Bater v. Bater, 5: 717 [1906] Prob. 209. Also Reported in 75 L. J. Prob. N. S. 60, 94 L. T. N. S. 835, 22 Times L. R. 408. 3. The domicil for the time being of divorce arises, affords the only true test of the married pair when the question of jurisdiction to dissolve their marriage; and the court of the bona fide existing domicil has jurisdiction over persons originally domiciled in another country to undo a marriage solemnized in that other country; and such a divorce will be recognized by the English courts even if granted for a cause which would not have been sufficient to obtain a divorce in England. Bater v. Bater, 5: 717, L. R. [1906] Prob. 209. Also Reported in 75 L. J. Prob. N. S. 60, 94 L. T. N. S. 835, 22 Times L. R. 408. (Annotated) 4. A divorce granted by a foreign court, being a judgment affecting the status of the parties, stands on the same footing as a judgment in rem, and therefore cannot be set aside in England, even on the ground of fraud, by a person who was no party to the proceedings in which the judg ment was pronounced. Bater v. Bater, 5: 717, L. R. [1906] Prob. 209. Also Reported in 75 L. J. Prob. N. S. 60, 94 L. T. N. S. 835, 22 Times L. R. 408. CONSIDERATION. Future support of grantor as consideration for deed, see Fraudulent Conveyances. Giving of time to debtor by creditor as valuable consideration for mortgage, see Mortgages. CONTRABAND OF WAR. Defined, see Definitions. CONTRACTS. Effect of war upon, see War. Formal requisites; statute of frauds. 2. Auctioneers employed to sell goods upon a five per cent commission "and all out of pocket expenses" in addition, with a minimum commission of £20, cannot claim that the term "out of pocket expenses" means the gross amount of bills rendered for printing and advertising, without deduction of a trade discount allowed them by the printers and newspaper proprietors. Hippisley v. Knee Bros. 5: 193 [1905] 1 K. B. 1. Also Reported in 74 L. J. K. B. N. S. 68, 92 L. T. N. S. 20, 21 Times L. R. 5. Validity. 3. An expected war does not render illegal a contract between citizens of the two nations between whom war is anticipated. Janson Driefontein V. Consol. Mines, 5: 810 [1902] A. C. 484. Also Reported in 71 L. J. K. B. N. S. 857, 87 L. T. N. S. 372, 18 Times L. R. 796, 7 Com. Cas. 268. Rescission. 4. The fact that a contract has become executed does not preclude its rescission on the ground of a mistake which, if the contract had still remained executory, would have warranted rescission. Scott v. Coulson, 5: 792 [1903] 2 Ch. 249. Also Reported in 72 L. J. Ch. N. S. 600, 19 Times L. R. 440. Validity of assignment of debts as affected by assignee's purpose to force debtor out of directorate of corporation, see Assignment. 1. A corporation may continue to conduct its affairs through its employees and agents, though its directors have become disqualified from acting by becoming alien enemies. Continental Tyre & R. Co. v. Daimler Co. 5: 304 [1915] 1 K. B. 893. Also Reported in [1915] W. N. 441, 84 L. J. K. B. N. S. 927, 20 Com. Cas. 209, 59 Sol. Jo. 232. 2. Upon a transfer for value of corporate shares the transferrer is under an implied obligation, arising from the relation of grantor and grantee constituted between the parties by the transfer, not to prevent or delay the registration of the transferee as owner of the shares. Hooper v. Herts, 5: 150 [1906] 1 Ch. 549. Also Reported in 75 L. J. Ch. N. S. 253, 54 Week. Rep. 350, 94 L. T. N. S. 324, 13 Manson, 85. COURTS. (Annotated) Jurisdiction of prize court, see Prize and Capture. Relation to other departments of government; political questions. determined by the Crown by treaty or as 1. Matters which fall properly to be an act of state are not subject to the jurisdiction of the municipal courts; and rights supposed to be acquired thereunder cannot be enforced by such courts. West Rand Cent. Gold Min. Co. v. Rex, 5: 885 L. J. K. B. N. S. 753, 53 Week. Rep. 660, [1905] 2 K. B. 391. Also Reported in 74 93 L. T. N. S. 207, 21 Times L. R. 562. 2. Any obligation which may have been incurred by the British Government by the territory of the South African Republic, reason of the conquest and annexation of to discharge obligations incurred by the government of that republic, cannot be enforced by petition of right in any municipal court. West Rand. Cent. Gold Min. Co. v. Rex. 5:885, [1905] 2 K. B. 391. Also Reported in 74 L. J. K. B. N. S. 753, 53 Week. Rep. 660, 93 L. T. N. S. 207, 21 Times L. R. 562. Rules of decision. 3. The plainer a proposition of law the more difficult it sometimes is to find a decision actually in point; hence no valid argument against a proposition can be made on the dearth of actual decisions on the point. The Roumanian 5: 937 [1916] A. C. 124. 4. Public policy is not a safe or trustworthy ground for a legal decision. Janson v. Driefontein Consol. Mines, 5: 810 [1902] A. C. 484. Also Reported in 71 L. J. K. B. N. S. 857, 87 L. T. N. S. 372, 18 Times L. R. 796, 7 Com. Cas, 268. 5. Considerations of public policy, as distinguished from law based upon public policy, should not be a ground of judicial decision. Continental Tyre & R. Co. v. Daimler Co. 5: 304 [1915] 1 K. B. 893. Also Reported in [1915] W. N. 441, 84 L. J. K. B. N. S. 927, 20 Com. Cas. 209, 59 Sol. Jo. 232. 6. International law, in the sense that it is the sum of the usages which have received the expressed sanction of international agreement, or gradually have grown to be part of international law by their frequent practical recognition in dealings between various nations, is part of the law of England, to be acknowledged and applied by its municipal tribunals when legitimate occasion arises for those tribunals to decide questions to which doctrines of international law may be relevant. West Rand Cent. Gold Min. Co. v. Rex, 5: 885 [1905] 2 K. B. 391. Also Reported in 74 L. J. K. B. N. S. 753, 53 Week. Rep. 660, 93 L. T. N. S. 207, 21 Times L. R. 562. DEED. Future support of grantor as valuable consideration for, see Fraudulent Conveyances. DEFINITIONS. The term "contraband of war," in its natural sense and in the absence of special circumstances or something in the context pointing to another meaning, is applicable to goods only and not to persons. Yangtsze Ins. Asso. v. Indemnity Mut. M. Assur. Co. 5: 53 [1908] 2 K. B. 504. Also Reported in 77 L. J. K. B. N. S. 995, 99 L. T. N. S. 498, 24 Times L. R. 687, 52 Sol. Jo. 550, 13 Com. Cas. 283. Extraterritorial effect of judgment of, see Conflict of Laws. 1. A deserted wife may adopt a domicil acquired by her husband for the purpose of enabling her to bring a suit for divorce. Bater v. Bater, 5: 717, L. R. [1906] Prob. 209. Also Reported in 75 L. J. Prob. N. S. 60, 94 L. T. N. S. 835, 22 Times L. R. 408. 1. In assessing the damages recoverable by a surface owner for subsidence 2. The failure of the plaintiff in an unowing to the working of minerals under or defended action for a divorce to disclose to adjoining his property, the depreciation in the court the fact that she herself had been the market value of the property attrib-guilty of adultery does not so affect the utable to the risk of future subsidence jurisdiction of the court to render a decree must not be taken into account. To reof divorce as to expose such decree to cover damages the surface owner must wait collateral attack. Bater v. Bater, 5: 717 until the damage or injury caused by sub- [1906] Prob. 209. Also Reported in 75 L. sidence has happened. West Leigh Colliery J. Prob. N. S. 60, 94 L. T. N. S. 835, 22 Co. v. Tunnicliffe & Hampson, 5: 916 [1908] Times L. R. 408. A. C. 27. Also Reported in 77 L. J. Ch. N. S. 102, 98 L. T. N. S. 4, 24 Times L. R. (Annotated) 146. 2. The measure of damages recoverable by the transferee of shares against the transferrer for breach of his implied obligation not to prevent or delay registration of the transfer is the difference between the value of the shares at the time when the transferee ultimately got the dominion of them and the value of the shares realized to the best advantage, having regard to the nature of the shares, the state of the market and the possible depreciation of the shares by waiting an undue time, had there been no interference with the registration. Hooper v. Herts, 5: 150 [1906] 1 Ch. 549. Also Reported in 75 L. J. Ch. N. S. 253, 54 Week. Rep. 350, 94 L. T. N. S. 324, 13 Manson, 85. DEATH DUTY. See Taxes. 5 B. R. C. DOMICIL. Of deserted wife for purpose of divorce suit, see Divorce. Law governing question of, for the purpose of determining whether foreign court had jurisdiction of divorce suit, see Conflict of Laws. EMPLOYEES. See Master and Servant. ENEMY. See War. ESTATE DUTY. ESTOPPEL. Of maker of promissory note filled up by agent for amount in excess of his authority, see Bills and Notes. EVIDENCE. Of existence of rule of international law, see International Law. Possession of promissory note as evidence of authority to deliver it, see Bills and Notes. FENCES. Duty of railroad to fence, see Railroads. At common law the owner or occupier of land adjoining a highway is under no duty to fence so as to keep his animals off the highway. Per Bankes J., in Jones v. Lee, 5: 127, 106 L. T. N. S. 123. Also Reported in 76 J. P. 137, 28 Times L. R. 92, 56 Sol. Jo. 125. FIRM. See Partnership. FORGERY. Liability of bank paying raised check, see Banks. FOWLS. Right of owner of, to allow to stray upon highway, see Animals. Liability of owner for injury resulting from fowl flying into spokes of bicycle, see Animals. FRAUD. Against use of name by another, see Right of owners of adjoining salt mines An injunction may be issued to restrain the seller of standing timber from preventing the purchaser from entering upon the property to remove it, notwithstanding the court could not have compelled the pur chaser to cut the timber had he refused to do so. James Jones & Sons v. Tankerville, 5: 202, [1909] 2 Ch. 440. Also Re Liability of principal for fraud of agent, ported in 78 L. J. Ch. N. S. 674, 101 L. T. see Principal and Agent. Liability of attorney for fraud of man aging clerk, see Attorney and FRAUDULENT CONVEYANCES. Validation of mortgage voidable as to creditors, by ex post facto consideration, see Mortgages. A deed the sole consideration for which is the future support of the grantor and his wife by the grantee is not upon a valuable consideration within the meaning of the statute of Elizabeth. Conrad v. Corkum, 5: 271, 35 N. S. 288. N. S. 202, 25 Times L. R. 714. INSURANCE. (Annotated) Law governing policies of marine insurance, see Conflict of Laws. 1. In case of a real doubt arising in the construction of a policy, the construction most favorable to the insured must prevail. Canadian R. Acci. Ins. Co. v. McNevin, 5: 870, 32 Can. S. C. 194. Accident insurance. 2. The word "voluntary," as used in the clause of an accident insurance policy which exempts the insurer from liability in case of death resulting from voluntary exposure to unnecessary danger, conveys the Of grantor as valuable consideration | idea of an act of volition. It means "knowfor deed, see Fraudulent Convey-ingly," "wilful," not that the insured is FUTURE SUPPORT. ances. going knowingly to perform an act which for others might be dangerous, but "knowingly," "rashly," and conscious of danger to himself, recklessly, taking the risk, wanton or grossly imprudent exposure. Canadian R. Acci. Ins. Co. v. McNevin, 5: 870, 32 Can. S. C. 194. 3. The act of a baggageman employed about a railroad station, in coupling cars at the request of a brakeman on a train at the station, cannot be considered as a "voluntary exposure to unnecessary danger" within the exception clause of an accident insurance policy, where the evidence shows that the insured was in the habit of coupling cars frequently, and therefore would not consider the operation dangerous. Canadian R. Acci. Ins. Co. v. McNevin, 5: 870, 32 Can. S. C. 194. (Annotated) 4. A baggageman employed about a railroad station, where he was in fact “a man of all work" subject to the agent's directions and to his own sense of duty in the interest of his employers, who was killed while performing an isolated and transient act of coupling cars cannot be deemed to have been injured in a more hazardous occupation than that stated in his application, within the provision of an accident insurance policy that in such case his insurance should be only for such sums as the premium paid by him would purchase at the rates fixed for such increased hazard. Canadian R. Acci. Ins. Co. v. McNevin, 5: 87, 32 Can. S. C. 194. Assignment of policy. 5. A mistaken belief on the part of the parties to an assignment of a policy of life insurance, that the person whose life is insured is still alive, is not one relating to a collateral matter, but goes to the substance of the transaction and will therefore warrant its rescission. Scott v. Coulson, 5: 792, [1903] 2 Ch. 249. Also Reported in 72 L. J. Ch. N. S. 600, 19 Times L. R. 440. (Annotated) Loss; liability of insurer. 6. An insurer is not legally liable in respect of a loss happening during the existence of hostilities between the respective countries of the assured and the insurer. Janson v. Driefontein Consol. Mines, 5: 810, [1902] A. C. 484. Also Reported in 71 L. J. K. B. N. S. 857, 87 L. T. N. S. 372, 18 Times L. R. 796, 7 Com. Cas. 268. 7. Where a subject of a foreign government insures treasure with British underwriters against capture during its transit from the foreign state to England, and the foreign government seizes the treasure during the transit and war is afterwards declared between the foreign and the British government, the insurance is valid and an action may be maintained in England against the underwriters after the restoration of peace, the seizure having been made before the declaration of war, though in contemplation of war and in order to use the treasure in support of the war. Janson v. Driefontein Consol. Mines, 5: 810, [1902] A. C. 484. Also Reported in 71 L. J. K. B. N. S. 857, 87 L. T. N. S. 372, 18 Times L. R. 796, 7 Com. Cas. 268. (Annotated) 8. The insurer of a neutral vessel against perils of the seas only, is not liable for the loss of the vessel by wreck after having been seized by a belligerent as carrying contraband and while being navigated towards a court of prize, where her subsequent condemnation by the prize court, relating back to the time of seizure, shows 5 B. R. C. that at the time of the wreck the insured had lost his vessel by capture. Andersen v. Marten, 5: 66, [1908] A. C. 334. Also Reported in 77 L. J. K. B. N. S. 950, 99 L. T. N. S. 254, 24 Times L. R. 775, 52 Sol. Jo. 680, 13 Com. Cas. 321. (Annotated) 9. The insurer of a cargo against "all consequences of hostilities or war like operations" is not liable for a loss incurred in consequence of the act of the master under powers conferred upon him by the bill of lading in refusing to proceed with the voyage upon learning of the blockade of the port of destination, such loss being due, not to the consequences of hostilities, but to a proper exercise by the mas ter of his discretion under the bill of lading. Nickels & Co. v. London & P. M. & G. Ins. Co. 5: 1, 70 L. J. Q. B. N. S. 29. Also Reported in 17 Times L. R. 54, 6 Com. Cas. 15. (Annotated) Premium; giving note as payment. 10. Evidence that at the time a renewal premium on a policy of life insurance became due the assured gave the local agent of the insurance company, to whom, under a provision of the policy, premiums might be paid, a sixty day note for the amount of the premium and interest thereon, which the agent caused to be discounted, placing the proceeds to his own credit in his bank account, without, however, countersigning or delivering the renewal receipt in his hands or remitting the amount of the premium to the company, but attaching the receipt to the note; that when this note became due it was not paid by the assured but was renewed for a smaller sum, the agent paying the difference to the bank together with the discount on the renewal; that upon its maturity a second renewal note was given, during the currency of which the assured died, and which at its maturity was taken up by the agent, does not warrant the jury in finding that the premiums had been paid in cash to the company at the time when the local agent discounted the first note and received the proceeds. Hutchings v. National Life Assur. Co. 5: 356, 37 Can. S. C. 124. (Annotated) Warranties; against contraband. 11. A warranty in a policy of reinsurance of "no contraband of war on basis of cable attached hereto" must be regarded as relating only to the cargo where the original policy contained a warranty "not to carry cargo other than kerosene oil" and the cablegram stated that the Japanese government would not regard kerosene as contraband. Yangtsze Ins. Asso. v. Indemnity Mut. M. Assur. Co. 5: 53, [1908] 2 K. B. 504. Also Reported in 77 L. J. K. B. N. S. 995, 99 L. T. N. S. 498, 24 Times L. R. 687, 52 Sol. Jo. 550, 13 Com. Cas. 283. 12. Semble, that the transportation of military officers of a belligerent state as passengers aboard a neutral ship is not a breach of a warranty against "contraband |