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(i.) C.D.-Winding up-Transfer of SharesChange of StatusCompanies

Act, 1862, ss. 38, 74, 76, 131, 133, 153.- Where partly paid up shares were, with the sanction of the liquidator, transferred after the date of a voluntary winding up and the transferee in turn transferred, it was held, that the holder whose name was on the list at the date of the liquidation was liable as a contributory under sect. 38, though under sect. 131 his transfer was effective in other respects; that each of the transferees, though freed from contribution, was bound to indemnify his immediate transferor; and that the Court has power under sect. 153, though it was not exercised in this case, to alter the status of a transferor and release him from liability.-In re National Bank of Wales, Limited, L.R. (1896] 2 Ch. 851 ; 75 L.T. 296.

(ii.) C. D. & C. A.-General Meeting-Voting-Show of Hands-Proxies

dated aster Execution.--Voting at a general meeting of a company should be in person not by proxy. A space for the date of meeting left blank when the proxy is executed can be filled in at any time before the proxy is used. In re The Caloric Engine and Siren FogSignals Co., followed; In re Bidwell Bros., Limited, overruled.-Ernest v. Loma Gold Mines, Limited, L.R. [1896] 2 Ch. 572 ; [1897] 1 Ch. 1; 75 L.T. 221, 317.

(iii.) C. D.-Winding up-Borrowing ultra vires-Officer Common to Borrower

and Lender-Imputed Knowledge.The managing director of a building society was secretary to a land company which borrowed a large sum from the society. The borrowing company exceeded its powers in effecting this loan, but this irregularity was unknown to the lending society, though it was within the knowledge of its managing director as secretary of the land company. Held, that it was not the duty of the person who was an officer both of the lending society and of the borrowing company to give or receive notice that the transaction was ultra vires; and therefore that the knowledge could not be imputed to the lending society.-In re Hampshire Land Co., Limited, L.R. (1896] 2 Ch, 743; 75 L.T. 181.

(iv.) C. D.-Winding up-Transfer of Shares with False Certification

Estoppel-Contributory.-Where a transfer stated falsely that shares were fully paid and where it also bore a false certification by the secretary of the company that certificates of the shares had been lodged, it was held that the purchaser was not liable as a contributory, as the company was estopped from denying the lodgment of certificates of fully paid shares.-In re Concession Trust, Limited ; McKay's Case, L.R. [1896] 2 Ch. 757 ; 75 L.T. 298.

(v.) C. D.-Winding upSurplus Assets."__"Surplus assets” is a term

which has not such a recognised meaning as necessarily always to signify the balance after payment of debts and liabilities only, but may in some circumstances signify surplus profits remaining after recoupment of capital out of that balance.-In re New Transvaal Co.,

L.R. (1896] 2 Ch. 750; 75 L.T. 272. (vi.) C. D.-Alteration of Articles-Invalid Issue of Preference Shares

Restitution.-By the memorandum and articles of a limited company an authorised increase of capital was to be considered as part of the original ordinary capital and to be subject to the like provisions. The company altered its articles and issued preference shares. Held, that the issue was invalid, and that the holders of the preference shares were not shareholders of the company and were entitled to restitution only. Hutton v. Scarborough Clij* Hotel Co. followed.- Andrews v. Gas Meter Co., Limited, 75 L.T. 267.

Compensation :(i.) Q. B. D.- Railway Company-Compulsory Taking of Land.-Where

land was underleased at less than rack rent for the whole term less one day with provisoes that the land should be maintained for a purpose which brought no profits to the underlessee, and that if any part of it should be required by a public company under statute the original lessee could re-enter such part, it was held that he was entitled to be paid the full commercial value of a portion taken by a railway company under its private Act.-In re An Arbitration between Morgan and Another and the London and North-Western Railway Co., L.R. (1896] 2 Q.B. 469; 75 L.T. 226.

Copyhold :(ii.) C. A.-Heriot-Right to Seize Outside the Manor.--A beast may be

seized as a heriot although it has never been within the manor (see also 22, p. 8 (vi.)).-Western V. Briley, L.R. (1897] 1 Q.B. 87; 75 L.T. 210.

Copyright:(iii.) C. A.-InfringementMusic Printed and Published AbroadImportation

and Sale - English Copyright-Copyright Act, 1842, ss. 2, 11, 13, 15 17International Copyright Act, 1844, 88. 2, 3, 10.—The plaintiff was the assignee, though unregistered, of the English copyright of a piece of music which was first printed and published in Leipzig. The defendant imported copies from Brussels and sold them in England. Held, that the plaintiff was entitled to an injunction.-Pitts v. George and Co., L.R. (1896] 2 Ch. 866 ; 75 L.T. 320.

Criminal Law :(iv.) C. C. R.-False PretencesIndictment - CountsEvidence- Permissible

Questions-Misdemeanour and Larceny-Concurrent Sentences, 27 & 28 Vict., c. 47, 8. 9.--In an indictment for obtaining goods by false pretences, the counts should be restricted to those necessary to formulate the charge, and if they are numerous, the Court may be asked to try each one separately. At the trial, the person defrauded may be asked what opinion he formed of the position and occupation of the accused on the receipt of a letter containing the false representations. If the accused is convicted of the charge, he cannot afterwards be convicted of larceny on the same facts. A sentence on a ticket-of-leave man for a fresh offence cannot be made concurrent with

the unexpired part of the old sentence.-Reg. v. John King, 75 L.T. 392. (v.) C. C. R.- Assistant Overseer-Embezzlement-Indictment-Servant of

Inhabitants of Parish.-43 Eliz., c. 2-59 Geo. III., c. 12, s. 7
24 & 25 Vict., c. 96, s. 68–51 & 52 Vict., c. 41, s. 75 - 56 & 57 Vict.,
c. 73, ss. 5, 6, 81.--An assistant overseer is not, by the Local Govern-
ment Act, 1894, constituted a servant of the parish council, and in an
indictment of such an officer for embezzlement, he was properly
described as in the employment as servant of the inhabitants of the
parish, and money received by him for rates was rightly described as
their property.-Reg. v. Smalman, L.R. (1897] 1 Q.B. 4; 75 L.T. 394.

Ecclesiastical Law :(vi.) Consistory Court of Norwich. --- Faculty.-A faculty was

ordered to be issued for the retention of three figures on a screen in a parish church.--Banham (Rector of), Suti'olk v. Parishioners of Same, L.R. [1896] 2 Q.B. 256.

Fixtures: (i.) Q. B. D.-Tenant's Fixtures may become part of Freehold. A tenant

who, on the termination of his tenancy, leaves on the premises his fixtures under an agreement with the landlord that they may be subsequently removed, loses his right to such removal after mortgagees have entered into possession.Thomas V. Jennings, 75 L.T. 274.

Foreign Court:(ii.) Q. B. D. --- Company Winding up-Property Abroad-Foreign Court

Judgment in remCompanies Act, 1862, 88. 84, 87, 163.- Where a foreign Court, in a proceeding in rem, orders a chattel within its jurisdiction to be sold and the proceeds divided amongst claimants, one of these who is in England cannot be declared by the English Courts a trustee for another person, though the latter would, according to English law, have a preferential title to the chattel, and though the claimant had notice of that title when making his claim in the foreign Court. Castrique v. Imry followed.The Minna Craig Steamship Co., Limited, and James Laing, L.R. [1897] 1 Q.B. 55 ; 75 L.T. 354.

Franchise :(iii.) Q. B.D.-Registration-Old Lodger Claim-Omission of Declaration

Jurisdiction to Amend - Parliamentary and Municipal Registration Act, 1878, 8. 28 (2).- Where from an old lodger claim otherwise in order the declaration in Form H., No. 2, of the Registration Order, 1895, was omitted, it was held, that the revising barrister had jurisdiction to correct the claim by inserting the declaration.-Francis v. Metcalfe, 75 L.R. 380.

Friendly Society : (iv.) C.D.-Failure of Objects--Charity-Cy Près.-A friendly society formed

for the relief of distressed members had dwindled to one member, and one annuitant whose annuity was amply secured, when a testator bequeathed to it a legacy. Held, that the society, not being & mutual insurance society and poverty being a qualification for relief, was a charity and that the legacy was applicable cy près.-In re Buck; Bruty v. Mackay, L.R. (1896) 2 Ch. 727 ; 75 L.T. 312.

Highway:(v.) Q. B.D.-Person by whose order Extraordinary Traffic has been conducted

- Highways and Locomotives (Amendment) Act, 1878, s. 23.-A private landowner who bought building materials to be delivered free on to his premises, and who was aware that a traction engine would be used for their draught, was held to be the person by whose order extraordinary traffic was conducted on a public highway and therefore liable to contribute towards the road repairs, under sect. 23 of the Highways and Locomotives Act, 1878.-Kent County Council v. Lord

Gerard, 75 L.T. 247. (vi.) Q. B. D.-Gas Company-Negligence in Repairing Highway--Right of

Action against Company-Gas Works Clauses Act, 1847, ss. 11, 29.Where a jury had found that a gas company after opening a highway, had left the road in a condition which constituted a public nuisance, it was held that the company were liable for mischief caused by their negligence, notwithstanding sect. 11 of the Gas Works Clauses Act, 1847.-Goodson v. Sunbury Gus Consumers Co., Ltd., 75 L.T. 251.

Husband and Wife :(i.) P. D,-Restitution of Conjugal Rights--Matrimonial Causes Act, 1884,

8. 5.-Conduct which would disentitle a petitioner to maintain a suit for judicial separation, on the ground of desertion, may empower the Court to refuse a decree compelling the respondent to return to

cohabitation.-Oldroyd v. Oldroyd, 75 L.T. 281. (ii.) P. D.- Living d part by Consent- Desertion-- Summary Jurisdiction

(Married Women) Act, 1895.- Where husband and wife have been living apart by mutual consent cohabitation must be resumed and broken to sustain a summons for desertion. Fitzgerald v. Fitzgerald and Reg. v.

Lereche considered.-Bradshaw v. Bradshaw, 75 L.T. 391. Insurance :(iii.) Q. B. D.--Fire-Indemnity-- Benefit to Insurer of Contract of Assured.

-The insurer under a fire policy can recover any benefit which the assured has received from other sources in excess of his loss, and also the value of rights which the assured may have renounced against third parties.-West of England Fire Insurance Co. v. Isaacs, L.R.

[1896] 2 Q.B. 377. (iv.) C. A. & Q. B. D.-Policy on Freight-Claim Consequent on Loss of

Time Excepted - Frustration of Adventure.-A time policy which insured freight against total loss or general average contained & clause “warranted free from any claim consequent on loss of time, whether arising from perils of the sea or otherwise.” Soon after the vessel had started with a cargo it was disabled by perils of the sea and had to put back and discharge at the port of loading. The adventure was frustrated by the delay and the freight was totally lost. Held, reversing the decision of the Court below, that a claim made for the loss of freight was “a claim consequent on loss of time," and that the assured could not recover.-Bensaude and Others v. The Thames and Mersey Marine Insurance Co., L.R. (1897] 1 Q.B. 29; 75 L.T. 155 and

405. Justices :(v.) Q. B. D.- Search Warrant-Sufficiency of InformationSpecification of

Goods.- To justify a magistrate in granting a search warrant it is sufficient if the information can be fairly understood as alleging reasonable grounds for suspecting that the goods sought for are being feloniously dealt with by the defendant, and the search warrant need not specify the goods for which search is desired.Jones v. German,

L.R. (1896] 2 Q.B. 418; 75 L.T. 161. Lands Clauses Act:(vi.) C. A.-Arbitration-CostsLands Clauses Act, 1845, s. 34.-By sect. 34

of the Lands Clauses Act, unless an arbitrator “ shall award the same or a less sum than shall have been offered by the promoters of the undertaking,” costs are to be borne by the promoters. Held, that the exception applies only when the subject matter of the award and of the offer is the same.-Miles v. Great Western Railway, L.R. (1896] 2 Q.B. 432; 75 L.T. 290.

Lease:(vii.) C. A.-Licence to assign-Deposit of Money-Money in Nature of a Fine

---Conveyancing Act, 1892, s. 3.-Under a covenant by the lessee of a building lease not to assign without licence, the lessor may demand as a condition for granting the licence the deposit of a sum of money as security for the performance of the covenants of the lease, as such a deposit is not “in the nature of a fine."-In re Cosh's Contract, L.R. [1897] 1 Ch. 9; 75 L.T. 365.

Libel:(i.) C. A.-- Communication of Contents of Libellous Publication.-A person

into whose hands a libellous publication comes is not answerable to the publisher for communicating the contents to the person libelled.The Seyd and Kelley's Credit Index Co., Limited v. Saunders and Chapman, 75 L.T. 193.

Limitations :(ii.) C. D.-Settled EstatesReal Property Limitations Acts, 1833, ss. 1, 3,

20, and 1874, ss. 1 & 2.-By a settlement made in 1857 a life tenant was entitled to the reversion of land let from year to year, with a power, which he exercised, of appointment subject to a second life tenancy. Circumstances happened under which it was admitted that by the Statutes of Limitations the life tenant's right to recover this land was barred in his lifetime. The second life tenant died without having recovered possession. Held, that the estate of the appointee was not barred by sect. 20 of the Real Property Limitations Act, 1874, and that the appointee was entitled under sect. 2 of the Act of 1874 to recover the land within six years from the death of the last tenant for life.-In re Earl of Devon's Settled Estates ; White v. Deron; Steer v. Dobell, L.R. (1896] 2 Ch. 562 ; 75 L.T. 178.

Local Government:(iii.) C. A. --Public Nuisance-Right of Action by Local Authority-Public

Health Act, 1875, 8. 107.- The proceedings in a superior court which under sect. 107 of the Public Health Act a local authority may cause to be taken are the ordinary proceedings, and in the absence of special damage, the fiat of the Attorney-General is necessary to empower such an authority to sue for the abatement of a public nuisance. Wallasey Local Board v. Gracey followed. - Tottenham Urban District Council v. Williamson & Sons, Limited, L.R. (1896] 2 Q.B. 353 ; 75 L.T. 238.

Married Woman:(iv.) C. A.-Settled Funds - Removal of Restraint on Anticipation--Con

veyancing Act, 1881, s. 39.—Under sect. 39 of the Conveyancing Act the Court ordered the sale of a part of trust funds in which a married woman had a life interest with restraint on anticipation, when it was of opinion that such a course was for her benefit.-In re Wilson Stewart ;

Keown-Boyd v. Gilmour, 75 L.T. 381. (v.) C. A.-Restraint on Anticipation--Omission of Words for her Separate

Use"-Married Woman's Property Act, 1882, ss. 1, 2, 19.– When by a marriage settlement executed before the Married Woman's Property Act, 1882, came into force, an estate was vested in trustees for the use of the woman during life " without impeachment of waste and without power of anticipation,” it was held that the restraint was effectual although there was no gift “ for her separate use."'-In re

Lumley ; e. p. Hood-Barrs, L.R. (1896] 2 Ch. 690 ; 75 L.T. 236. (vi.) Q. B. D.--Carrying on Trade-Act of Bankruptcy-Married Woman's

Property Act, 1882, s. 1, sub-s. 5.-A married woman who has given up a business which she had carried on separately from her husband continues subject to the bankruptcy laws until all her trade debts are paid. The issue of a circular by a trader calling a meeting of creditors in such circumstances that it would be dishonest to pay creditors separately before the date of the meeting amounts to an act of bankruptcy.-In re Dagnal; e. p. Soan and Morley, L.R. [1896 ] 2 Q.B. 407; 75 L.T. 142.

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