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Building Society:(i.) Ch. Div. F.J.-Incorporation-Certificate-Jurisdiction—38 Vict.,
c. 9, ss. 1, 2.-When the registrar of Building Societies has issued a certificate of incorporation of a society under the Acts of 1874 and 1875, it is not competent for the Court, in an action by some members against the officers of the society, to declare the certificate to have no effect.
-Glover v. Giles, 29 W.R. 603. Canada, Law of:(vi.) P. C.-New Brunswick-Income Tax.—The tax imposed by sec. 4 of New
Brunswick Act, 31 Vict., c. 36, upon income, is leviable in respect of the balance of gain over loss made in the fiscal year -Lawless v. Sullivan,
L.R. 6, App. 373. Ceylon, Law of :(ü.) P. C.-Presumption of Marriage.--According to the law of Ceylon, when
a man and woman are proved to have lived together as man and wife, the law will presume, in the absence of evidence to the contrary, that they were lawfully married.-Sastry Velaider Aronegary v. Sembecutty
Vaigalie, L.R. 6 App. 364. Common :(ii.) C. A.--Common of Pasturage-Estovers-Prescription-Profit à
Prendre.--Held, reversing the decision of V. C. B. (see Common i., p. 9) that the right of cutting and carrying away brakes and herbage, though a profit à prendre in alieno solo could be claimed, under the Prescription Act, (2 & 3 Will. IV., c. 71) by an owner in respect of his tenement.
Earl De La Warr v. Miles, 44 L.T. 487; 29 W.R. 809. Company (lii.) Ch. Div. K. J.-Cost-book Mine-Invalid Forfeiture of Shares--Lapse
of Time-Estoppel.-An owner of shares in a cost-book mine which have been irregularly and improperly forfeited for non-payment of calls, cannot lie by for six years and then come forward and assert his
right.-Rule v. Jeroell, 29 W.R. 755. (liii.) C. A.-Unregistered Company - Similarity of Names — Injunction.
Decision of M. R. (see Company xliii., p. 85) reversed.--Hendricks v.
Contagu, 50 L.J. Ch. 456. (liv.) C. A. — Winding-up — Assignment of Property of Company — Claim
against Directors—Companies Act, 1862, s. 95 (3). --The official liquidator of a company, with sanction of the Court, assigned to W, all the estate, property, and effects of the company, which the liquidator had power to dispose of : Held that this included claims by the company against its directors for losses occasioned by improvident sales, and for concealed profits made by sales to the company. -Re Park Gate Waggon Co., L.R.
17 Ch. D. 234. (lv.) Ch. Div. F. J. – Winding-up-Contributory Agreement to take
Shares--Set-of-Companies Act, 1867, 8. 25.-Section 25 of Companies Act, 1867, has no application in a question of liability to take shares which were never allotted.-Norton's Case, Re Victoria Mansions, 50
L.J. Ch. 454. (lvi.) C. A.-Winding-up-Contributory--Purchase of Shares by Company
Ultra Vires.—The memorandum of association of a limited company did not expressly give the company power to purchase its own shares. The articles gave the directors power to purchase for the company any of its shares. The directors agreed with W. to purchase his shares for the
company, and this arrangement was confirmed at an extraordinary general meeting. More than twelve months afterwards the company was wound. up: Heli that W. was not liable as a contributory.--Re Dronfield Coal
Co., L.R. 7 Ch. D. 76; 56 L.J. C. 387; 44 L.T. 361; 29 W.R. 768. (lvii.) C. A.-Winding-up-Director—Misfeasance.- Directors of a company
formed to work a patent accepted from the vendors certain fully paid-up shares as a bonus for their services. The company at the time cousisted of eight members, who all knew of the transaction. Subsequently, more shares were allotted to other persons. In the winding.ap: Heid that the directors had not been gailty of misfeasance, and could not be made liable for the value of their bonus shares. -Re British Seamless
Paper Bow Co., 50 L.J. Ch. 497 ; 44 L.T. 498; 29 W.R. 690. (lviii.) Ch. Div. F. J.-Winding-up-Rent—33 & 34 Vict., c. 35, s. 2.-The
landlord of premises occupied by the liquidator for car ng on business during the winding-ap of a company : Held entitled to the payment in full of the apportioned rent in respect of the time subsequent to the presentation of the winding-up petition.—Ex parte Seymour, Re South Kensington Stores.-L.R. 17 Ch. D. 161; 50 L.J. Ch. 466; 44. L.T. 471;
29 W.R. 662. (lix.) Ch. Div. F. J.-Winding-up — Shareholder's Petition Supervision
Order—Companies Act, 1862, s. 149.-Shareholders of an insolvent company in pursuance of a special resolution, presented a petition for a voluntary winding-up under supervision. No creditor supported the petition, but a majority of creditors asked for a compulsory order. The petition was ordered to stand over in order to give the creditors an opportunity of petitioning for a compulsory order.- Re Electric and
Magnetic Co., 50 L.J. Ch. 491; 44 L.T. 604; 29 W.R. 714. (lx.) C. A.-Winding-up-Unregistered Company-Companies Act, 1862., ss.
199, 204.-Sections 199, 204, of Companies Act, 1862, apply all the provisions for the winding-up of companies registered under the Act to the winding-up of unregistered companies.-Rudow v. Great Britain Life
Assurance Society, 50 L.J. Ch. 504; 44 L.T. 688; 29 W.R. 585. (Ixi.) C. A.-Winding-up Voluntarily-No Liquidator-Distress.—Decision of
V. C. M. (see Company li., p. 86) reversed.—Thomas v. Patent Lionite
Co., L.R. 17 Ch. D. 250; 44 L.T. 392; 29 W.R. 596. Copyright:(v.) Ch. Div. M. R.-Newspaper Registration—Proprietor-5 & 6 Vict.,
C. 45.-A newspaper requires registration under the Copyright Act to give the proprietor copyright in its contents, and a right to sue in case of piracy. He must also prove in order to sue, that he has employed the author on the terms that the copyright shall belong to the proprietor.-Walter v.
Howe, 29 W.R. 776. (vi.) C. A.-Title of Book.-Decision of V. C. B. (see Copyright iv., p. 52)
reversed on the ground that the title in question was not an original
invention-Dicks v. Yates, 44 L.T. 660. County Court :(viii.) Q B. Div.-Interpleader-Sale by Sherif—19 & 20 Vict., c. 108, s. 72 ;
30 & 31 Vict., c. 142, s. 31.-It is not necessary that a bailiff of a county court should make a request to a claimant to deposit the value or a sum of money for keeping possession of goods seized in execution, or that he should take out an interpleader summons, before proceeding to sell goods seized.-Davies v. Wise, 29 W.R. 804.
(ix.) C. A.–Non-Suit--County Court Rules-Ord. 16, r. 17–19 S 20 Vict.,
c. 108, s. 32:-Held that Ord. 16, r. 17 of County Court Rules, 1875, is valid, and that a judgment of non-suit' in a County Court is therefore a bar to a fresh action in the same matter. -Poyser v. Minors, 29
W.R. 773. Crimes and Offences: (xviii.) Q. B. Div.-Cruelty to Animals—Domistic Animals—Parrots—128 13
Vict., c. 92, s. 2; 17 & 18 Vict., c. 60, 8. 3.—Young parrots are not, in the absence of further evidence, domestic animals within sec. 2 of 12 & 13 Vict., o. 92.-Swan v. Saunders, 50 L.J. M.C. 67; 44 L.T. 424 ;
29 W.R. 538. (xix.) Q. B. Div.-Education-Attendance Order-School Fees—33 & 34 Vict.,
c. 75; 39 & 40 Vict., c. 79.-Decision of Q. B. Div. in Richardson v. Saunders (see Crimes and Offences xiv., p. 87) over-ruled.- Saunders v.
Richardson, 29 W.R. 800. (xx.) C. C. R.-Forgery—Bill of Exchange Inchoate Instrument.-An
instrument in the form of a bill of exchange accepted by the person to whom it is addressed, but not signed by drawer, is not a bill of exchange ; and proof of forgery of an indorsement on such instrument will not support a conviction for forging an indorsement on a bill of exchange. — Regina v. Harper, L.R. 7 Q.B.D. 78; 50 L.J. M.C. 90; 44
L.T. 615; 29 W.R. 743. (xxi.) C. C. R.-Incitement to Murder—Publication in Newspaper—24 & 25
Vict., c. 100, s. 4.-The offence of encouraging or endeavouring to persuade any person to murder another person, within sec. 4 of 24 & 25 Vict., c. 100, may be committed by the publication of an article in a newspaper, though not addressed to any particular person.-Regina v.
Most, 29 W.R. 758. (xxii.) C.C.R.-Larceny-Obtaining Money by Threats.—When in consequence
of A.'s threats, B. has given money to A., A. may be convicted of larceny, though at the time B. owed A. a part of the money so given.
Regina v. Lovell, 50 L.J. M.C. 91; 44 L.T. 319. (xxiii.) H.L.-Perjury-Separate Misdemeanours-Cumulative Sentence—Penal
Servitude- 2 Geo. II., c. 25, s. 2.-Decision of Court of Appeal (see
App. 229; 44 L.T. 350; 29 W.R. 669. Debtor and Creditor:(xiii.) C. A.-Attachment of Debt-Second Mortgage-Sale by First Mortgagee
Priorities.-Decision of V. C. B. (see Debtor and Creditor viii., p. 87) affirmed.-Chatterton v. Watney, L.R. 17 Ch. D. 259; 44 L.T. 391;
29 W.R. 573. (xiv.) C. A.-Debtor's Summons—Conditional Agreement for Reduction of Debt
- Default.-A creditor who had issued a debtor's summons for £344, agreed to accept £50 and three bills of exchange for £50 each, at three, six, and nine months, and that upon payment of the bills in due course he would give a receipt in full for the debt. In default of payment he was to be at liberty to proceed for the full amount : Held that the last provision was not a penalty, and that on default in payment of the third bill the creditor was remitted to his original rights. - Ex parte Burden,
Re Neil, L.R. 16 Ch. D. 675; 44 L.T. 525. (xv.) C. A.-Equitable Assignment_Revocation.—Defendant being indebted
to K., who was indebted to plaintiff to the extent of £100, K. brought to defendant a document signed by himself authorising defendant to pay
to plaintiff £100 of the money due from defendant. Defendant wrote on this, “I accept this authority," and K. gave it to plaintiff. Held that this was a sufficient equitable assignment of the debt due from defendant, and could not be revoked without plaintiff's consent.--Greenway v.
Atkinson, 29 W.R. 560. (xvi.) Q. B. Div.-Set-off-Counter.claim-Debt to Principal-Liability of
Surety.-Action by A. on a covenant by B. to pay all liabilities which A. might incur ander a deed of assignment. B. pleaded that the covenant was a joint and several covenant of himself and C., and that A. was indebted to C. in an amount exceeding his claim against defendant, and that C. had assigned A.'s debt to himself and B. in equal shares as tenants in
As to half of A.'s claim, B. claimed to set-off the debt so assigned, and as to the other half that he was entitled to be exonerated by C: Held no defence.-Bowyear v. Pawson, L.R. 6 Q.B.D. 540; 50
L.J. Q.B. 495; 29 W.R. 664. Defamation :(vi.) Q. B. Div.-Slander-Privilege.—Defendant having a prima facie ground
of suspicion that he was being robbed by plaintiff, made enquiries of two persons, and to each person said that plaintiff had robbed him : Held
that the occasion was not privileged.—Harrison v. Fraser, 29 W.R. 652. Easement:(ix.) Ch. Diy. V. C.B.-Prescription-Yearly Tenant. -A yearly tenant
cannot acquire an easement in the land of which he is tenant as against
his landlord.-Outram v. Maude, L.R. 17 Ch. D. 391; 29 W.R. 818. Ecclesiastical Law:(vi.) C. A.-Jurisdiction of Judge at Westminster-Significavit—Execution in
County Palatine of Lancaster-5 Eliz., c. 23, s. 11–53 Geo. III., c. 127 — Public Worship Regulation Act, 1874.—Lord Penzance, when required by the Archbishop of York to hear the matter of a represen tution in the province or in London or Westminster, under sec. 9 of Public Worship Regulation Act, 1874, has jurisdiction to dispose of every matter pending or subsequent to the hearing, being part of the matter of the complaint. The proceedings against a contumacious clerk within County Palatine of Lancaster, ander 53 Geo. III., c. 127, are similar to those required on a writ de excommunicato capiendo by 5 Eliz., c. 23, s. 11.--Re Green,
44 L.T. 619. (vii.) Arches Ct.-Monition-Disobedience-Deposition.-An incumbent had
been suspended ab officio et beneficio for certain offences, but the suspen. sion had never been enforced. The Court refused to pronounce a decreo of deprivation in a fresh suit instituted on account of similar offences.
Martin v. Mackonochie, L.R. 6 P.D. 87. (viii.) H. L.- Monition-Suspersion-Prohibition–53 Geo. III., c. 127.-In a
criminal soit against a clerk in an Ecclesiastical Court, a monition to abstain in future from the commission of unlawful acts may be attached to a definite sentence; and, if the monition be disobeyed, the clerk may, upon motion, without a fresh suit, be condemned to suspension ab officio et beneficio.-Mackonochie v. Lord Penzance, L.R. 6 App. 424; 44 L.T.
479; 29 W.R. 633. Election : (xxi.) Elect. Pet.—Parliament-Voting—Marking Paper-Marked Register.
Consideration of what are sufficiently marked ballot papers. The marked register of voters is only prima facie evidence as to whether a person has or has not voted, and may be rebutted by substantial opposing evidence.-McLaren v. Milne Holme, 44 L.T. 289.
Evidence :(xi.) C.C. R.-Confession-Admissibility.- Previously to any charge being
made against prisoner, his employer said to bim, in the presence of a police inspector, “ The inspector tells me you are making house-breaking implements ; if this is so, you had better tell the truth, it may be better for you."
Prisoner then made admissions which contributed to his being convicted of larceny: Held that the admissions ought not to have been received in evidence.--Regina v. Fennell, 44 L.T. 687 ; 29 W.R.
742. (xii.) Ch. Div. F.J.-Legitimacy-Presumption of Marriage-Entry in College
Books.--Minutes of meetings of a college entered in a book kept for that
C. P. Div. (see Fishery i., p. 16) affirmed.-Mayor of Saltash v. Goodman,
Gas :(i.) Q. B. Div.-Special Act—10 Vict., c. 15, s. 49; 34 & 35 Vict., o. 41,
ss. 1, 3, 35.-Held that the provisions of the Gas Works Clauses Act, 1871, applied to a gas company incorporated in 1853 by a special act incorporating the Gas Works Clauses Act, 1847; and that where the company had failed to send to the local authority a statement of its annual accounts as required by sec. 35, of the Act of 1871, they might be proceeded against for having failed to sell a copy of such accounts to an applicant, though the proceedings were not undertaken till more than six months after the date for sending in such accounts.—Dudley
Gas Co. v. Warmington, 50 L.J. M.C. 69 ; 44 L.T. 475; 29 W.R. 680. Highway :(xi.) Q. B. Div.-Obstruction-Indictment-Acquittal-Nerc Trial.-On an
indictment for obstructing a highway there can be no new trial after a verdict of not guilty.-- Regina v. Duncan, 50 L.J. M.C. 95; 44
L.T.521. (xii.) Q. B. Div.- Repair-License to get Materials—5 & 6 Will. IV., c. 50,
s. 54.- A license may be granted to get materials for the repair of highways under sec. 54 of 5 & 6 Will. IV., c. 50, though the materials when got must be carried away by an avenue to a house.—Ramsden v.
Yates, L.R. 6 Q.B.B. 583 ; 44 L.T. 612 ; 29 W.R. 628. (xüi.) Q. B. Div.-Repair-License to get Materials-5 & 6 Will. 1V., c. 50,
88. 51-54.- Justices can make an order allowing stones lying upon enclosed lands to be gathered for the repair of a highway within the same parish, without satisfaction being made for the value of the
stones.-Alresford Rural Authority v. Scott, 29 W.R. 741. (xiv.) Q. B. Div.-Repair-Disturnpiked Road—41 & 42 Vict., c. 77, s. 13.
Sec. 13 of Highways and Locomotives (Amendment) Act, 1878, does not apply to the case of roads which have been disturnpiked by operation of gs. 47-50 of 10 & 11 Vict., c. 34, in consequence of the extension of the boundaries of a borough between Dec. 31, 1870, and the passing of the first-mentioned act.-Mayor of Rochdale v. Lancashire Justices, L.R. 6 Q.B.D. 525; 44 L.T. 316; 29 W.R. 757.