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their negligence : Held that a new trial ought not to be granted, as there had been no misdirection and the damages were not of such an excessive character as to show that the jury were led into error or were influenced by improper motives.-Lambkin v. South-Eastern Railway Co., 28 W.R. 837.
Cape of Good Hope, Law of :(i.) P. C.-Duty on Bank Notes.- Cape Colony Act, No. 6, 1864.-Assuming
that the Cape Colony Act, No. 6, 1864, for imposing a duty on bank notes, extends to the Province of Griqualand West, a bank having a branch in the province, and thus putting in circulation notes issued by the bank in the colony and payable in the colony, is not liable to make any return to the treasurer of the province or to pay duty on such notes.-Oriental
Bank Corporation v. Wright, L.R. 5 App. 842; 43 L.T. 177. Church :(i.) C. A.-Chancel-Prescription-Grant by Crown.-Held on the evidence
that part of a parochial church occupying the place usually occupied by a chancel, was not the chancel of the church, but the private property
of the plaintiff.-Duke of Norfolk v. Arbuthnot, L.R. 5 C.P.D. 390. Civil Service :(i.) Ch. Div. V. C. M.-Pension-Jurisdiction—4 & 5 Will. IV., c. 24,
s. 30; 22 Vict, c. 26, s. 2.--Under the Acts regulating the superannuation allowances of the Civil Service, the decision of the Com. missioners of the Treasury as to the amount of an allowance is final.
Cooper v. The Queen, 49 L.J. Ch. 490. Common :(i.) Ch. Div. V. C. B.-Common of Pasturage-Estovers—Prescription
Profit à prendre.- By decree of the Duchy of Lancaster Court in 1693, the plaintiffs were declared entitled in respect of their tenements to the sole common of pastorage and herbage in certain parts of a royal forest: Held that this gave the commoners the ordinary right of taking the herbage by the mouths of their cattle, and that evidence that for upwards of 60 years the commoners had exercised the supposed right of cutting and carrying away brakes and herbage was not admissible to show that such a right was intended to be recoguised by the decree.Earl de la Warr v. Miles, 49 L.J. Ch. 476.
Company :-(i.) Q. B. Div. Ågreement Signed by Directors — Liability.-- Three
directors of a limited company borrowed £500 from plaintiff under an agreement headed as if made between the company and plaintiff, but signed only by the three directors and not sealed by the company. By the agreement the directors professed to assign to plaintiff the plant and fixtures of the company as security. On default being made plaintiff took possession of the plant and fixtures, and the company obtained an injunction restraining him from dealing with them: Held that the directors were personally liable for the repayment of the £500, but not for damages sustained by plaintiff in respect of the proceedings for
the injunction.-McCollin v. Gilpin, 49 L.J. Q.B. 558; 42 L.T. 899. (ii.) C. A.-Debentures — Stock-in-Trade — Book Debts. The debenture
deed of a company assigned all their premises, plant, and effects in trast to permit the company to carry on business till default, and after default to sell : Held that the assignment included all stock. in-trade on the premises at the time of default, but not book debts, and
that the power to carry on business did not give ordinary creditors a claim for goods supplied in priority to debentare holders against the property comprised in the deed.---Re Anglo-American Leather Cloth
Co., 43 L.T. 43. (iii.) Ch. Div. V. C. H.-Winding up Contributory Application for
Shares-Allotment.-Upon a contract between the liquidators of A. company and the promoters of B. company for the transfer of the property of A. company to B. company, part of the consideration was that the liquidators of A. company should receive for themselves or their nominees shares in B. company, which should impart a liability of 108. each ; and the liquidators of A. company might transfer these shares without incurring any liability. The liquidators applied for an allotment of 3,919 shares to their joint names, which were accordingly allotted and registered in their names, but no notice of the allotment was sent to them. Held, on the winding-up of B. company, that the liquida. tors must be put on the list of contributories in respect of these shares.
--Dyett and Louttit's Case, Re Basye Mining Co., 43 L.T. 85. (iv.) Ch. Div. V. C. M.-Winding-up--Contributory-Insurance Company.
-In the winding-up of an unlimited insurance company, in which the insurance members were liable as contibutories (as decided in Winstone's Case, L R. 12 Ch. D. 239; 48 L.J. Ch. 607; 40 L.T. 838 ; 27 W.R. 752) : Held that the shareholders were primarily liable for calls and insurance members only secondarily liable. Re Albion Life Assurance Society,
Daws' and Mills' Cases, 49 L.J. Ch. 593 ; 43 L.T. 149. (v.) C. A.-Winding-Up-Contributory-Payment in Cash.-Shares in
a compauy purporting to be fully paid-up were issued to A. in consideration in part of debentures issued by the company and repay. able at a future date, and in part of purchase-money payable to A. in respect of certain grants of Crown lands which A. was to transfer to the company : Held that the shares were not paid for in cash.—Appleyard's
Case, Re Great Australian Mining Co., 42 L.T. 814. (vi.) C. A.-Winding-up--Contributory - Payment in Cash.-Y. having
agreed to sell property to H. and W. who were to sell it to a company, this agreement was modified, and Y. sold the land to the company for £2,000 in paid-up shares and the rest in cash. On the winding-up of the company : Held that Y. could not be made a contributory in respect of these shares.-Re Barrow in Furness Land Co., L.R. 14 Ch. D. 400; 42
L.T. 888. (vii.) C. A.-Winding-up--Contributory—Payment in Cash. - R. agreed to
sell to A. certain shares in a ship in exchange for some fully paid-up shares in a company. A., to whom the company was indebted, agreed with them to accept paid-ap shares for his debt, and at his request some of these shares were allotted to R., being represented as fully paid-up shares. On the winding-up of the company : Held that R.'s. shares had not been paid for in cash, and that he must therefore contribute in re. spect of them.-Re Newport and South Wales Shipowners' Co., Rowland's
Case, 42 L.T. 785. (viii.) C. A.-Winding.up - Contributory — Payment in Cash – Director
Notice.- Part of the purchase-money of a colliery bought by a company
Barrow's Case, Re Stapleford Colliery Co., L.R. 14 Ch. D. 432; 49 L.J.
Ch. 498 ; 42 L.T. 891. (ix.) Ch. Div. M. R.--Winding-up-Contributory — Registered Share.
holder-Rescission.-Where a company is being wound-up, a registered member who has paid nothing on his shares, is not entitled, as against other contributories, to rescind his contract to take shares, on the ground of fraudulent misrepresentation.-Burgess's Case, Re Hull and
County Bank, 49 L.J. Ch. 541; 43 L.T. 45. (x.) C. A.-Winding-up---Cost.Book Mining Company-Transfer of Shares
-32 & 33 Vict., c. 19, ss. 25, 35.-G. transferred shares which he held in a cost-book mining company to A. for a nominal sum. The transfer was registered and calls made on A. which he failed to pay. Two years afterwards the company was wound-up: Held that G. could not be put on the list of contributories under sec. 35 of the Stannaries Act, 1869.
Chynworth's Case, Re Wheal Unity Wood Mining Co., 28 W.R. 897. (xi.) Ch. Div. V. C. H.-Winding.up-Directors— Breach of Trust
Deceased Director-Policy-Holder-Companies Act, 1862, s. 165.--On the winding-up of an insurance company it appeared that the directors had failed to invest half the premiums on life policies in the manner provided by the articles. On a summons by the liquidator and a life policy holder, under sec. 165 of the Companies Act, 1862, for a declara. tion that the directors were liable to account for half the premiums received : Held that the summons was maintainable against the gur. viving directors who were liable, that the executors of a deceased director could not be proceeded against under the summons, and that the policy-holder was rightly joined with the liquidator in the summons.
Re British Guardian Life Assurance Co., 28 W.R. 945. (xii.) C. A.-Winding-up – Director - Liability - Qualification Shares
Companies Act, 1862, s. 165.—The mere fact that a director has acted without holding the qualification shares required by the company's articles, if no damage has resulted to the company, does not make him liable in the winding-up to pay the price of the qualification shares, or guilty of a misfeasance within sec. 165 of the Companies Act, 1862.
Coventry and Dixon's Case, Re Canadian Land Co., L.R. 14 Ch. D. 660. (xiii.) C. A.-Winding-up-Director—Misfeasance-Liability.-M. and T.,
the principal proprietors in a cost-book mining company, determined to convert it into a limited company, and the mine was conveyed to T. and H. as trustees for a new company, in consideration of £24,000 to be paid half in fully paid-up shares of £2 each, and half in 12,000 shares of which £1 had been paid-up: and the shares forming the purchase. money were divided between the shareholders of the cost-book mine. The value of the mine was £6,000. On the winding-up of the company : Held that M. and T. were not liable to pay anything to the company for breach of trust or misfeasance.-Ex parte Moss and Taylor, Re
Ambrose Lake Mining Co., L.R. 14 Ch. D. 390; 49 L.J. Ch. 457. (xiv.) C. A.-Winding-up — Liquidator — Power to carry on Business
Companies Act, 1862, s. 95.-The power conferred by sec. 95 of the Companies Act, 1862, on the liquidator of a company to carry on the business of the company, extends only to enable him to carry it on with a view to winding-up, and not with a view to its continuance.- Re
Wreck Recovery and Salvage Co., 43 L.T. 190. (xv.) Ch. Div. V. C. H.-Winding-up-Mortgage Debentures.-A company
issued debentures whereby they covenanted to repay the principal in 1882, and to pay interest in the meantime, and charged the principal and interest on their stock and effects, with the proviso that until default in payment of principal or interest for twenty-one days, the
company might receive and deal with their assets : Held on the winding. up, that the property of the company was subject to the payment to the debenture-holders of the amounts due to them.--Hodson v, The Tea
Company, L.R. 14 Ch. D. 859. (xvi.) Ch. Div. V.C. H.-Winding-up-Proof-Contract to Allot Paid-up Shares.-Breach.
- A newspaper proprietor inserted advertisements for a company under a written agreement that they were to be paid for in paid-up shares. Shares were allotted to him purporting to be paid. up but the agreement was never registered. On the winding-up he was made a contributory in respect of these shares : Held that he could prove for damages for breach of contract, the measure of the damages being the amount eventually called up on the shares.-Mudford's Claim,
Re Government Security Insurance Co., L.R. 14 Ch. D. 634; 42 L.T. 825. (xvii.) C. A. - Winding-up — Shareholder's Petition.
Where a company formed for building and using assembly rooms had discontinued building the rooms for some years on account of the depression of trade, a share. holder's petition for winding-up, which was opposed by four-fifths in value of the shareholders, was dismissed.-Re Middlesborough Assembly
Rooms Co., 28 W.R. 868. (xviii.) Ch. Div. M.R.-Winding-up-Staying Action - Judicature Act, 1873,
s. 24 (3).-An application under sec. 85 of the Companies Act, 1862, to stay proceedings in an action while a winding-up petition is pending, must be made in the division to which the action is attached.- Re Artistic Colour Printing Co., L.R. 14 Ch. D. 502; 49 L.J. Ch. 526; 42
L.T. 802 ; 28 W.R. 943. (xix.) C. A.-Winding-up Voluntarily-Agreement for Sale of Business-Com
panies Act, 1862, s. 161.-An agreement under sec. 161 of the Companies Act, 1862, entered into by a company, to be wound-up voluntarily for the sale of its business to another company, is binding on the creditors of the selling company. The remedy of a creditor injured by such a sale is to obtain a winding-ap order before the expiration of a year.— Re
City and County Investment Co., 28 W.R. 933. (xx.) C. A.-Winding-up Voluntarily-Examination of Director-Companies
Act, 1862, s. 115.-Where a volantary liquidator has brought an action, on behalf of the company, against an officer of the company, and the latter has fully answered interrogatories which have been exhibited to him, the liquidator will not be entitled to a summons under sec. 115 of the Companies Act, 1862, for the examination of the defendant, in the absence of special circumstances.--Heiron's Case, Re Metropolitan Bank,
49 L.J. Ch. 651. Constantinople, Consular Court of :(i.) P. C.-Jurisdiction - Procedure. — The Consular Court at Constantinople
having improperly made various orders affecting the property of the appellant in real estate in Turkey, in his absence, he being a British subject : Held that having regard to the power of the Tarkish authori. ties over the land, no order could be made directing restoration of possession to appellant, or decreeing damages; but the orders appealed
from were set aside with costs.---Pitts v. La Fontaine, L.R. 5 App. 564. Copyright:(i.) C. A.-Infringement.--8 Geo. II., c. 13.—Held that the copying the design
of a copyright engraving by a chromo-printed pattern for wool.work
was not an infringement.-Dicks v. Brooks, 43 L.T. 71. (ii.) Ch. Div. M. R.-Infringement-Design-5 & 6 Vict., c. 100, s. 7.
Plaintiffs registered and sold a design in braid applied to a jacket.
Defendants sold jackets with a design in braid applied to them, wbich were substantially the same as plaintiffs : Held that this was a fraudu. lent imitation within sec. 7 of 5 & 6 Vict., c. 100.-Barran v. Lomas,
28 W.R. 973. (ii.) Ch. Div. M. R.-Importing Copyright-Injunction—5 & 6 Vic., c. 45
s. 17.-It is an offence, under the Copyright Act, 1842, s. 17, to import copyright matter for sale or hire, and an injunction will be granted to restrain a defendant from doing so, and he will have to pay the costs of the action, though he has not done so knowingly.-Cooper v. Whittingham,
43 L.T, 16. County Court:(i.) C. A.-Appeal—Judge's Notes—38 X 39 Vict., c. 50, 8. 6.--An appeal
from a County Court judge, under sec. 6 of County Courts Act, 1875, can be entertained on a point of law not argued before him, and of which he was not requested to take a note, but which was present to his mind and dealt with by him in giving judgment.-Seymour v. Coulson, 49 L.J.
Q.B. 604. Crimes and Offences :(i.) Q. B. Div.-Adulteration-Inspector--Deputy-38 &. 39 Vict., c. 63.
An inspector appointed under the Sale of Food and Drugs Act, 1875, may employ a deputy to purchase for him for the purpose of analysis, and may institute proceedings against the seller in his own name.
Horder v. Scott, 49 L.J.M.C. 78; 28 W.R. 918. (ii.) Q. B. Div.-Bastardy-Appeal-Absence of Respondent.-On an appeal
from a bastardy order to quarter sessions it appeared that by mistake respondent was absent, and the Court refused to adjourn the appeal and quashed the order : Held that this was not a decision on the merits, and that fresh proceedings in respect of the same matter might be taken
before justices.—Regina v. May, 28 W.R. 918. (iii.) H. L.--Chemist and Druggist-Corporation--31 & 32 Vict., c. 121,
ss. 1, 15.—The penalty imposed by secs. 1, 15, of the Pharmacy Act, 1868, cannot be recovered from a corporation for keeping a chemist's
shop.-Pharmaceutical Society v. London Supply Association, 28 W.R.957. (iv.) C. C. R.-Indecent Assault-Child of Tender Years— Consent.-A
person charged with assaulting a child of seven years of age may allege the consent of the child as a defence.—Regina v. Roadley, 49 L. J.
M.C. 88. (v.) C. A.-Perjury-Separate Misdemeanours-Cumulative Sentence—Penal
Servitude-2 Geo. II., c. 25, s. 2.—Where a defendant is convicted of separate misdemeanours charged in separate courts in the same indict. ment, the Court may pass separate sentences exceeding together the maximum punishment for one offence. A sentence of penal servitude may be inflicted for perjury without any other punishment.— Regina v.
Castro, L.R. 5 Q.B.D. 490; 43 L.T. 78. Debtor and Creditor:-(i.) Ch. Div. V. C. H.-Attachment of Debt-Future Payments of Annuity
-Ord. 45.-A receiver of an estate appointed under an administra. tion was ordered to pay the rents and an annuity to a person entitled for life : Held that soms so payable and sums payable hereafter and not yet in the receiver's hands were subject to attachment by a judgment
creditor.—Rapier v. Wright, L.R. 14 Ch. D. 638; 42 L.T. 866. (ii.) Ch. Div. F. J. - Auctioneer— Notice of Claim — Liability.- An
auctioneer agreed to sell goods for A. at a warehouse where they were.