JUSTIFICATION

1037

JUXTA

"This word has acquired a somewhat special meaning in actions for Defamation. A 'Plea of Justification 'is a Plea that the words complained ofare true in substance and in fact.' Such a plea is a complete defence to any action of Libel or Slander" (7 Encyc. 170-173).

V. DEFENCE.

JUSTLY. "To act justly" (Mussoorie Bank v. Raynor, 51 L. J. P. C. 72; 7 App. Ca. 321), or " to do Justice" to Relations (Re Bond, Cole v. Hawes, 4 Ch. D. 238; 46 L. J. Ch. 488), does not create a PRECATORY TRUST.

"Justly responsible "; V. RESPONSIBLE.

KALENDAR - KEEP

KALENDAR.-V. ALMANAC: CALENDAR MONTH.

KAY.—T. QUAY.

KEATING'S ACT.- The Summary Procedure on Bills of Ex. Act, 1855, 18 & 19 V. c. 67; repealed by 46 & 47 V. c. 49, but the spirit of its provisions is made applicable to several Causes of Action by R. 6, Ord. 3 and Ord. 14, R. S. C.

KEELAGE. Is a TOLL for every Vessel coming within the Port (Hale, De Portibus Maris, ch. 6).

KEEP. "To keep in GOOD REPAIR' pre-supposes the putting into it, and means that during the whole term the premises shall be in good repair" (per Rolfe, B., Payne v. Haine, 16 M. & W. 546; 16 L. J. Ex. 130: Luxmore v. Robson, 1 B. & Ald. 584: Proudfoot v. Hart, 59 L. J. Q. B. 389; 25 Q. B. D. 42); the meaning is the same if the phrase is "keep in REPAIR" (Vf, Crowe v. Crisford, 17 Bea. 507: Cooke v. Cholmondeley, 4 Drew. 328: Woodf. 628: Fawcett, 314): and this ruling seems applicable not only to Buildings but also to a Road (R. v. Kerry Jus., Ir. Rep. 9 C. L. 471).

But to "keep" in Repair or in Good Repair does not involve re-building if that become necessary through Natural Decay (Crowe v. Crisford, sup: Lister v. Lane, 1893, 2 Q. B. 212; 62 L. J. Q. B. 583; 69 L. T. 176; 41 W. R.. 626): Vf, Dashwood v. Magniac, cited GOOD REPAIR. But to "keep" in repair involves re-building in case of Fire (Bullock v. Dommitt, and other cases, cited REPAIR), and also the building of a house agreed to be built but which agreement for building has been waived by receipt of rent after breach (Jacob v. Down, 1900, 2 Ch. 156; 69 L. J. Ch. 493; 83 L. T. 191; 48 W. R. 441; 64 J. P. 552).

Vf, PUT. Cp, Joliffe v. Twyford, 26 Bea. 227; 28 L. J. Ch. 93; 32 L. T. O. S. 141, whe was on a direction to "keep in repair" in a Will: Va, KEEPING SAME IN REPAIR.

A Lessor's implied agreement, on the letting of a Furnished house, that it is FIT for habitation (Smith v. Marrable, 11 M. & W. 5), is not displaced by express agreement on his part to "keep" the house in good repair (Wilson v. Hatton, 25 W. R. 537; 2 Ex. D. 336; 46 L. J. Ex. 489; 36 L. T. 473: vthe, Bunn v. Harrison, 3 Times Rep. 146). Note: There is no such implied agreement on the letting of an Unfurnished

house (Hart v. Windsor, 12 M. & W. 68: Manchester Bonding Warehouse Co v. Carr, 49 L. J. C. P. 809; 5 C. P. D. 507: Chester v. Powell, 52 L. T. 722: Murray v. Mace, Ir. Rep. 8 C. L. 396), or Land (Sutton v. Temple, 12 M. & W. 52: Erskine v. Adeane, 42 L. J. Ch. 835; 8 Ch. 756); nor, even in the case of a Furnished House or Apartments, is there any implied agreement of a continuance of fitness (Sarson v. Roberts, 1895, 2 Q. B. 395; 65 L. J. Q. B. 37; 73 L. T. 174).

V. KEEPING SAME IN REPAIR: REPAIRING LEASE.

Keep such PAVEMENT in good and sufficient repair," s. 105, Metrop Man. Act, 1855; V. R. v. Hackney, 42 L. J. M. C. 151; L. R. 8 Q. B. 528. A contractual obligation to "keep in order" Growing Trees, means, semble, not only to prune them but also to weed and clear the ground where they are growing (Allen v. Cameron, 1 C. & M. 832).

To "PERFORM and keep" the covenants (in a Forfeiture Clause) includes Negative as well as Positive covenants (Timms v. Baker, 49 L. T. 106); if the word 'perform' alone had been used I think the case would have been very different" (per Lopes, J., Ib.).

"

"To keep" a Place or Thing, involves the idea of having over it the immediate control, of a character more or less permanent. Thus the landlord of a BROTHEL Wholly let out in rooms to different tenants at weekly rents, and who has no control over the premises except that of determining the tenancies, does not "keep" the brothel (R. v. Stannard, 33 L. J. M. C. 61; L. & C. 349: Va, R. v. Barrett, 32 L. J. M. C. 36; L. & C. 263: Steph. Cr. 122: Stone, 233: Sv, Halligan v. Ganly, 19 L. T. 268). And to "keep" a place for a particular purpose, involves the idea that it is used for that purpose on more than one occasion; but the how many or how frequent those occasions must be, is a question of fact to be determined in each case (Marks v. Benjamin, 5 M. & W. 568; 9 L. J. M. C. 20), -e.g. PLACE " opened, kept, or used," for illegal Betting, s. 1, 16 & 17 V. c. 119; Vth, R. v. Cook, 13 Q. B. D. 377; 51 L. T. 21; 32 W. R. 796; 48 J. P. 694: R. v. Brown, 1895, 1 Q. B. 119; 64 L. J. M. C. 1; 72 L. T. 22; 43 W. R. 222; 59 J. P. 485.

As to keeping a place for Bull-baiting, &c, within s. 3, 12 & 13 V. c. 92, V. Clarke v. Hague, 29 L. J. M. C. 105: and as to the phrase "Open, keep, or use," a house for UNLAWFUL GAMING, S. 4, 17 & 18 V. c. 38; V. Jenks v. Turpin, 53 L. J. M. C. 161; 13 Q. B. D. 505: Use: Cp, PUBLIC SINGING.

The words "have" and "keep" are not, per se, synonyms in the phrase "to have or keep." Therefore, the proprietor of an unlicensed theatre incurs the penalty prescribed by s. 2, Theatres Act, 1843, 6 & 7 V. c. 68, by permitting it to be used, if only for a single occasion, for the public performance of stage plays (Shelley v. Bethell, 53 L. J. M. C. 16; 12 Q. B. D. 1); yet it would seem that the person to whom such occasional permission may be given would neither "have" nor "keep” the theatre (R. v. Strugnell, 35 L. J. M. C. 78; L. R. 1 Q. B. 93).

KEEP

1040

KEEP OPEN

have as used in the phrase

But under 12 G. 3, c. 61, s. 11, the word to "have or keep" gunpowder, was held to be synonymous with "keep,” because in s. 18 of that Act there is the phrase "have and convey," and the word "have was held to refer in each section to the word with which in each place it was associated; and therefore a carrier having only the temporary custody of the prohibited quantity of gunpowder was not liable to the penalty imposed by s. 11 (Biggs v. Mitchell, 31 L. J. M. C. 163; 2 B. & S. 523; 6 L. T. 242: Vth, per Coleridge, C. J., Foster v. Diph wys Casson Co, 18 Q. B. D. 432). V. CASE OR CANISTER: HAVE OR CONVEY.

"Keep her Course "; V. COURSE.

A direction to "keep the RESIDUE"; held, sufficient to pass eral residue of the estate (Boys v. Morgan, 3 My. & C. 661).

the gen

KEEP ACCOUNTS.. A direction to an Exor to "keep Accounts," furnishes a presumption that he is not to take beneficially; but the phrase may be explained by extrinsic evidence (Gladding v. Yapp, 5 Mad. 56).

KEEP COMPANY.-V. ASSOCIATE.

KEEP DOWN."Keeping down Interest,' is familiar in legal instruments, and means, the payment of interest as it becomes due; and not the payment of all arrears of interest which may have become due on any security from the time when it was executed" (R. v. Hutchinson, 4 E. & B. 211; 24 L. J. M. C. 30; 3 W. R. 70).

KEEP HOUSE.-"Begins to keep house," s. 4 (d), Bankry Act, 1883; V. Yate Lee, 50-53: Wms. Bank. 21: Robson, 137-139: Baldwin, 85.

KEEP OPEN. To "OPEN," or "keep open" LICENSED PREMISES, s. 9, 37 & 38 V. c. 49, means, that the opening is such as involves an invitation to persons outside to come in (Jeffrey v. Weaver, 1899, 2 Q. B. 449; 68 L. J. Q. B. 817; 81 L. T. 193; 63 J. P. 663; 47 W. R. 638). A Draper who is also a Grocer and licensed to sell Wines and Spirits not to be consumed on the premises, is not shown to "keep open" his premises for the sale of Intoxicating Liquors, within the section, by merely proving that his shop was open. after prohibited hours; for, in the absence of other proof, it must be assumed that, quà such sale, his shop was duly closed (Tassell v. Ovenden, 2 Q. B. D. 383; 46 L. J. M. C. 228; 36 L. T. 696; 25 W. R. 692).

To "keep Open SHOP for retailing " POISONS, s. 1, Pharmacy Act, 1868, 31 & 32 V. c. 121, means, to keep any Shop which is open to the public to come in and buy any Poison by retail, e.g. a Watchmaker who sells a substance containing Corrosive Sublimate "keeps Open Shop for its sale (Pharmaceutical Socy v. Hornsey, 10 Times Rep. 492). V. OPEN.

KEEP OUT 1041

KELLY'S ACTS

KEEP OUT OF THE WAY.-V. 1 Maude & P. 599.

KEEP UP.-"Repair and keep up "; V. REPAIR.

KEEPER.-V. KEEP: KEEPING.

"Keeper of a COMMON LODGING-HOUSE," quà P. H. Scotland Act, 1897, "includes any person having, or acting in, the care and management of a Common Lodging-House" (s. 3).

"Keeper of the Gaol "; Stat. Def., Ir. 14 & 15 V. c. 90, s. 18, c. 93, s. 44.

A solicitor or other agent who (acting on behalf of the Liquidator of a Co, which Co is the owner of a Hall) lets the Hall for "PUBLIC ENTERTAINMENT" on Sunday (such Entertainment being contrary to s. 1, Sunday Observance Act, 1780, 21 G. 3, c. 49) is not the "Keeper" of the Hall, within that section; nor, within s. 2, does he "appear, act, or behave himself," as the "Master" of the Hall, or as the person having its "Care, Government, or Management"; nor is the Chairman, who simply introduces the entertainer to the audience, the person "managing or conducting" the Entertainment, within s. 1 (Reid v. Wilson, 1895, 1 Q. B. 315; 64 L. J. M. C. 60; 71 L. T. 739; 43 W. R. 161; 59 J. P. 516). V. LORD Keeper.

KEEPING. — " Custody, Possession, or Keeping," of Naval Stores; V. R. v. Sunley, 7 W. R. 418.

"Found in the Possession or Keeping "; V. FOUNd.

Keeping" a House, Stall, &c, s. 5, 39 & 40 G. 3, c. 104, means, keeping it as continuously as its nature will reasonably admit of (Gray v. Cook, 8 East, 336).

An agreement to have the "Keeping and Feeding" a Cow on another person's land, does not constitute a TENEMENT, quà a Pauper's Settlement; for the cow might be fed upon hay made previously or elsewhere (R. v. Cumberworth Half, 13 L. J. M. C. 49; 5 Q. B. 484). Cp, GOING.

KEEPING SAME IN REPAIR. A devise of realty to A. for life, he "keeping the same in repair," gives the remainderman a right of action against the exors of A. if the property is allowed to go out of repair; and the measure of damages is the sum reasonably necessary to put the property in that state of repair in which A. ought to have left it (Woodhouse v. Walker, 49 L. J. Q. B. 609; 5 Q. B. D. 404; 42 L. T: 770: Re Williames, 52 L. T. 41: Batthyany v. Walford, 33 Ch. D. 630, 631; affd 36 Ch. D. 269; 56 L. J. Ch. 881). Cp, Re Cartwright, cited WASTE, towards end. Vf, KEEP: REPAIR.

Fitzroy KELLY'S ACTS. The Corrupt Practices Prevention Act, 1854, 17 & 18 V. c. 102:

The Legitimacy Declaration Act, 1858, 21 & 22 V. c. 93, amended by s. 7, 22 & 23 V. c. 61.