« PreviousContinue »
residue of the funds. Held, that there was no resulting trust; that cy près did not apply; and that the Crown was entitled to the surplus as bona vacantia.–Cunnack v. Edwards, L.R.  2 Ch. 679; 75 L.T. 122.
C. A.— Bequest of Personalty to Tenant for Life, Remainder to CharityOption to Invest in Land–Validity of Bequest to Charity.—A testatrix, who died in 1877, left pure personalty to life tenant with remainder to charity. Trustees, under a power in the will, invested part of the fund in mortgage, which was not called in at death of life tenant. Held, reversing the decision of the Court below, that the gift to the charity was good.–In re Hamilton; Cadogan v. Fitzroy, L.R.  2 Ch. 617; 75 L.T. 113.
C. D.–Charitable Rent Charge—Liability of Tenant for Years— Charitable Trusts (Recovery) Act, 1891.—A tenant for years is not, except in £ circumstances, liable in an action for debt for nonpayment of a rent charge issuing out of the land of which he is in occupation, and there is no personal duty upon him to pay such a charge created for charitable purposes, but the Charity Commissioners can, under the Charitable Trusts (Recovery) Act, enforce payment in equity against the persons legally liable to pay, even though the legal title may not be clear.–In re the Herbage Rents Charity, Greenwich; the Charity Commissioners v. Green, L.R.  2 Ch. 811; 75 L.T. 148.
50 & 51 Vict., c. 39, s. 1 (88), s. 2 (173).—The only distinction in the Act between taxed and free steel rails for railways is that of weight. Rails above the specified weight are exempt from duty.—Toronto Railway Co. v. The Queen, L.R.  A.C. 551; 75 L.T. 234.
Crown Rights.—A grant of lands including all minerals does not
P. C.–New South Wales–Company—Shares issued as paid upWinding up–Companies Act, 1874, of New South Wales, s. 57.—A resolution of persons interested in property setting forth the manner in which they propose to put it before the public as a company is not a contract within sect. 57 of the Companies Act of New South Wales (which is similar to sect. 25 of the Companies Act, 1867, 30 & 31 Vict, c. 131), and a shareholder to whom shares are issued as paid-up shares under such a resolution is liable to contribute in a winding up of the company.—Smith v. Brown, L.R. [1896. A.C. 614; 75 L.T. 213.
P. C.–New South Wales—Dismissal of Civil Servants–Civil Service Act, 1884.—The common law right of the Crown to dismiss civil servants at pleasure, is surrendered in the case of those engaged under the Civil Service Act, 1884.—Gould v. Stuart, L.R. [1896: A.C. 575; 75 L.T. 110.
P. C.–Victoria–Marine Act, 1890, s. 13–Sunken Wreck–Liability to Clear.—The registered owner of a ship sunken in a port must bear the expense of clearing the wreck, and cannot escape this liability by abandoning the wreck to underwriters. Sect. 13 of the Victorian Marine Act, 1890, differs from sect. 56 of the English Harbours, &c., Act, 1847. – Wm. Howard Smith and Sons v. Wilson, L.R.  A.C. 579.
(i.) P. C.—Victoria—Probate Dnty—Administrati0n and Probate Act, 1890.—-A debt fully secured on property outside the colony cannot be deducted from the value of assets within the colony in a valuation forLp'r:‘[‘0hatg.——Henty and Another v. The Queen, L.R.  A.C. 567 ; 75 . . 10 . ‘
(ii.) P. C.——Trinidad and Tobago-Right to Possession of Land—Err0neous Rrcz'tuls—Eqm' table Title—Notice—Registry. —Notice of a prior equitable title is valid although there be in the conveyance of the equitable interest an erroneous recital of the mode in which the equity became vested in the grantor. A purchaser from a vendor out of possession must investigate the interest of a person who is in possession under a registered deed.—Trinidad Asphalte Co. v. Coryat, L.R.  A.C. 587 ; 75 L.T. 108.
(iii.) P, C_~Nova Scotia—Privileges of Members of Provincial Legislature— British North America Act, 1867 (30 d5" 31 Vict., c. 3)—Revised Statutes of Nova Scotia, 5th Series, c. 30, s. 20.-Members of the Provincial Legislature who voted for the imprisonment of a person for contempt of the House were, under an Act of the Legislature giving them the same immunities and powers as are held by members of the Dominion Legislature, held, to have a good defence against an action by him for assault and false imprisonment.—Fielding and Others v. Thomas,
(iv.) C. D.——Debenture Stock Certificate—Pu'rchaser —-M0rtga_qee—Authority of A_r/ent.—A company applied to its broker for a loan of £3,000 on the security of £8,000 debenture stock, which by trust deed was assignable free from equities. The broker obtained £6,000 on the security accompanied by a certificate from the secretary that the lender was registered as holder of £8,000 debenture stock, which could only be transferred by deed registered in the company’s books. The broker paid only £3,000 to the company. Held, that though the certificate was a negotiable instrument, the lender was entitled to assume that the broker had authority to deal with it ; that the lender was not required to see that the broker paid the full sum to the company, and could prove for the £8,000, though he could receive dividends only on £6,000.—Robinson v. Monlgomeryshire Brewery Co., L.R.  2 Ch. 841.
(v.) G, D,—-Application for Allotment under Mistake-Repudiati0n—Delay— Payment on Account of Sharea.—A person applied for shares in the Dunlop-Truffault Cycle Co. under the impression that it was connected with the Dunlop Pneumatic Tyre Co. Shortly after an allotment had been made to her she discovered her mistake, and on the 23rd May wrote to repudiate the contract. On the 27th May she paid a sum which was due on allotment, and on the 20th June a further sum then due on the shares. On the 13th July she served notice of motion to remove her name from the register of shareholders. Held, that she would have been entitled to rescission of contract on the ground that she was deceived by the use of the name of Dunlop in the prospectus, but that by delay and by payments on account of the shares she had acted in a manner inconsistent with repudiation.— The Dzililop-1‘r1z_17‘"¢1.ull
Cycle and Tube Manufacturing Co., Limited; Shearmarfs Case, 75 L.T. 385 .
(vi.) C. ]_).—Debentures—Floating Secnrit;/—Receiver.—Where a creditor of a company had presented a petition for winding up, it was held in a debenture holder’s action that a receiver and manager could be appointed notwithstanding that the debentures had not “ crystallised.” —In re Victoria Steamboats, Limited; Smith v. Wilkinson, 75 L.T. 374.
C. D.—Winding up—Transfer of Shares—Change of Status—Co1npll"Yli@-5 Act, 1862, ss. 38, 74, 76, 131, 133, 153.-—Where partly paid up shfl-1'85 were, with the sanction of the liquidator, transferred after the <18-$6 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
C. D. 8: C. .A.——General Meeting—Voting—Show of Hands—Proa:ie.s dated after 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.  2 Ch. 572;  1 Ch. 1; 75 L.T. 221, 317.
C. D.—Winding up—Borrowing ultra 'oires—Oflicer Common to Borrower and Le1zder—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.  2 Ch. 743; 75 L.T. 181.
C. D,—Winding 'up—Transfer of Shares with False Certification-— Est0ppel—Contr"ibutory.—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; MeKay’s Case, L.R.  2 Ch. 757; 75 L.T. 298.
C. D.--Winding up—“ Surplus 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.  2 Ch. 750; 75 L.T. 272.
C. D.—Alteration of Articles—Inoalid Issue of
(i.) Q, B, D,-Railway Company-C'ompulso1"y 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.  2 Q.B. 469 ; 75 L.T. 226.
(iii.) C. A,-—Infringement—Music Printed and Published Abr0ad—I1np0rtation and S'ale—Engli.\'h Copyright——C'opyright Act, 1842, ss. 2, 11, 13, 15 17International Copyright Act, 1844, ss. 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 plaintifi was entitled to an iujunction.—Pitts v. George and Co., L.R.  2 Ch. 866; 75 L.T. 320.
(iv.) C, C. R.—False Pretences—Indictment—C0unts—Evidence— Permissible Questions—-Misderneanour and Larceny-Concurrent Sentences, 27 12 28 Vict., c. 47, s. 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.
Inhabitants of Parish.—43 Eliz., c. 2-59 Geo. III., c. 12, s. 7-
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.
Q. B, D.—- Company Winding up-Property Abroad -—l'oreign CourtJudgment in rern—Companies Act, 1862, ss. 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.—1'he Minna Craig Steamship Co., Limited, and James Laing, L.R.  1 Q.B. 55 ; 75 L.T. 354.
Q. B. D.—Registration—0ld Lodger Claim/—Ornission of Declaration-— Jurisdiction to Amend — Parliamentary and Municipal Registration Act, 1878, s. 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.—I"ranc1s v. Melcalfe, 75 L.R. 380.
Friendly Society :—
C. D.—Failure of Objects—Charity—Cy Pres. —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 a mutual insurance society and poverty being a qualification for relief, was a charity and that the legacy was applicable cy pres.—In re Buck ; Bruty v. Ma/.-hay, L.R.  2 Ch. 727 ; 75 L.T. 312.
Highway :— (v.) Q. B. D.—Person by whose order Extraordinary Traflic 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 traflic 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.
Q, B, D,—Gas Company—Negligence in Repairing Highway—Right of Action against Company—Gas Works Clauses Act, 1847, ss. ll, 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 Gas Consumers Co., Ltd., 75 L.T. 251.