« PreviousContinue »
Charity:(ii.) Ch. Div. V.C. H.-Charity Commissioners- Consent to Sale-16 & 17
Vict., c. 137, s. 62; 18 & 19 Vict., c. 124, s. 29.- The Royal Society of London being licensed to purchase lands and hold them in mortmain, bought certain lands out of moneys arising from voluntary contributions : Held that the consent of the Charity Commissioners to the sale of the lands by the Society was not required.--Re Royal Society and Thompson,
44 L.T. 274. Club:(i.) C. A.-Expulsion of Member.—Where a club has expelled a member,
the Court will enquire whether the expulsion was conducted in accord. ance with the rules, but will not review the discretion of the club in exercising the power of expulsion unless malice can be shown to have
influenced that discretion.-Dawkins v. Antrobus, 29 W.R. 511. Company :(xxxv.) Ch.Div. V.C.M.-Application for Shares-Allotment-Repudiation
Costs.-A. applied for shares in a company of which G. was director and chairman, by reason of his confidence in G. Before allotment G. resigned his position, and the company allotted shares to A., and told him of the retirement of G. Thereupon A. asked to cancel his application, but the company refused to consent: Held that A.'s name must be removed from the register, with costs of the application as between solicitor and client against the company.-Anderson's Case, Re Scottish Petroleum Co.,
50 L.J. Ch. 269; 43 L.T. 723; 29 W.R. 372. (xxxvi.) C. A.-Agreement by Promoters-Ratification.—A company cannot
ratify an agreement made on its behalf before the company was incor. porated.—Re Empress Engineering Co., L.R. 16 Ch. D. 125; 43 L.T.
742; 29 W.R. 342. (xxxvii.) C. A.–Agreement signed by Directors-Liability.—Decision of Q.B.
Div. (see Company i., p. 9) affirmed.-McCollin v. Gilpin, 29 W.R. 408. (xxxviii.) Ch. Div. V. C. H.-Articles—Borrowing Powers-Capital not
called up. The articles of a company provided that the directors might borrow upon the security of that portion of the capital not called up or of other property of the company a som not exceeding two-thirds of the capital for the time being not called up. Capital was, by the interpre. tation clause, to mean the nominal capital from time to time or (as the context might require) the capital moneys from time to time of the company: Held that the capital not called up referred to in the articles included unissued capital.--English Channel Steamship Co. v. Rolt, 44
LT. 135. (xxxix.) Ch. Div. F. J.-Construction of Special Act-Borrowing Powers
8 Vict., c. 16, $8. 41, 42.—The construction of the special Act of a company, incorporated for the purpose of draining and reclaiming land, considered with regard to its power to contract with limited owners, and to obtain charges on the property drained or reclaimed, and also to borrow money. Secs. 41, 42, of Companies Clauses Act, 1845, do not make void an instrument the consideration for which is apparent, though not in terms stated.-Landowners Drainage and Inclosure Co. v. Ashford,
L.R. 16 Ch. D. 411; 50 L.J. Ch. 276; 44 L.T, 20. (xl.) Ch. Div. M. R.-Dividends out of Capital— Preference Shareholders
Net Profits.-The articles of a limited tramway company provided that dividends should be paid only out of profits, after a reserve fund for maintenance and repairs had been set aside. The directors had, for some time past, failed to set apart a sufficient reserve fund, and the amount
required to restore the plant of the company exceeded the whole of the net profits in the hands of the directors: Held that the company could only declare a dividend out of net profits after making due provision for the maintenance of the tramway; but the preference shareholders, whose dividends were dependent on the profits of each year, were entitled to a dividend out of the profits of any year after setting aside a proportionate part sufficient for the maintenance of the tramway for that year only:Dent v. London Tramways Co., L.R. 16 Ch. D. 344; 50 L.J. Ch. 190;
44 L.J. 91. (xli.) Ch. Div. M. R.-Promoter - Fraud-Bankruptcy-Bankruptcy Act,
1869, ss, 31, 49.-On the trial of issues it was found that defendant was a promoter of a company and accountable to it for a sum of £108,000 received by him as profit under undisclosed agreements. After the finding of the issues defendant went into liquidation : Held that defendant's liability was incurred by means of fraud and breach of trust within the meaning of sec. 49 of the Bankroptcy Act; and that it was not a demand in the nature of unliquidated damages arising otherwise than by reason of a contract, within sec. 31.- Emma Mining Co. v. Grant,
29 W.R. 481. (xlii.) C. A.–Promoter--- Prospectus-Material Concealment-Decision of Fry,
J. (see Company xxvi., p. 51) reversed.- Arkwright v. Newbold, 29
W.R. 455. (xliii.) Ch. Div. M. R.-Unregistered Company---Similarity of Names
Injunction Companies Act, 1862, s. 20.-On motion on behalf of a company, incorporated in 1836, and not registered under the Companies Act, 1862, for an injanction to restrain defendants from registering new company ander a similar name: Held that sec. 20 of the Companies Act, 1862, did not apply, and plaintiffs not having alleged fraudulent intention on the defendants part, the action was dismissed and leave to
amend refused.-Hendricks v. Montagu, 50 L.J. Ch. 257; 44 L.T. 89. (xliv.) C. P. Div.-Winding-up-Building Society-Foreclosure-Appeal from
County Court—25 & 26 Vict., c. 89, s. 87; 30 & 31 Vict., c. 131, s. 43; 37 8. 38 Vict., c. 42, s. 32. -The directors of an incorporated building society gave a depositor a bond in which the funds and assets of the society were declared to be held liable for the repayment of the deposit. The depositor brought an action for foreclosure on the bond, and while the action was pending a windivg-up order was made in a County Court, and the Judge refased leave to the depositor to continue his action : Held that the Companies Acts, 1862 and 1867, apply to the Building Societies Act, 1874, and that an appeal on a matter of discretion lay to the Court; that the effect of sec. 32 of the last-mentioned Act is to substitute the County Court for the Court of Chancery, and that the bond was not a mortgage, and a foreclosure action could not be maintained upon it.Andrew v. Swansea Cambrian Building Society, 41 L.T. 106; Jones v.
Swansea Cambrian Building Society, 29 W.R. 382. (xlv.) C. P. Div.-Winding-up-Contributory-Set-off—Counter-claim.-A
person who has been duly settled on the list of contributories of a com. pany, and on whom calls have been made, cannot, in an action for calls by the liquidator, counter-claim for a debt or damages due to him from the company.-Government Security Investment Co. v. Dempsey, 50 L.J.
C.P. 199. (xlvi.) Ch. Div. M. R.-Winding-up-Fire Insurance-Proof—Judicature
Act, 1875, s. 10.— The holder of a policy of insurance against fire granted by a limited company, and which is current at the date of the winding. up of the company, is entitled to prove for the full amount of his policy when a loss by fire exceeding such amount occurs after winding.np and
before the time limited for sending in claims against the company.- Re
Northern Counties Fire Insurance Co., 50 L.J. Ch. 273 ; 44 L.T. 299. (xlvii.) Ch. Div. F.J.-Winding-up-Lease of Mine Retention by Liquidator
Rent.—A coal mine was let to a company by a lease containing a power for the lessor, if rent should remain unpaid for 30 days, to stop the working of the mine and distrain, and if the distress should be insuffi. cient, to enter and determine the lease. Rent became due on November 3rd, and on the 5th the company was ordered to be wound-up. On December 6th the lessor required the liquidator to pay the reut, and stated that otherwise he should apply to the Court to restrain the working. The liquidator did not pay the rent, and continued to work the mine : Held that leave should be given to the lessor to distrain for the full rent which accrued due on November 3rd.—Ex parte Perkins, Re
Silkstone & Dodworth Coal & Iron Co., 29 W.R. 484. (xlviii.) C. A.-Winding-up-Leave to Sue in Name of Company.-A company
being in course of liquidation, certain costs were ordered to be taxed and paid to R. out of the assets. After taxation the liquidators represented that there were no assets available, and they refused to bring an action against former directors to make them account for moneys alleged to have been improperly received hy them. Held that R.'s solicitors were not creditors of the company in respect of the costs ordered to be paid to R., and could not have leave to bring the action in the name of the
company.-Cape Breton Co. v. Fenn, 29 W.R. 386. (xlix.) Ch. Div. V.C.B.-Winding-up-Secured Creaitor-Failure of Security
--- Judicature Act, 1875, s. 10.-A creditor of a company believing him. self to be fully secured by the hypothecation of a call on the company's shares, made no claim in the winding.up. It afterwards turned out that his secority was defective, owing to the call moneys hypothecated having been paid away : Held that he was entitled to value his security and prove for the balance, not disturbing any dividend already declared. -Ex parte Williams, Re Kit Hill Tunnel, L.R. 16 Ch. D. 590; 50 L.J.
Ch. 303; 29 W.R. 419. (1.) Ch. Div. V. C. M.-Winding-up--Servants' Wages-32 S23 Vict., c.
71, s. 32-Judicature Act, 1875, s. 10.–The rule in bankruptcy that servants wages shall be paid in priority to all other debts is, by sec. 10 of Judicature Act, 1875, extended to windings-up.- Re Association of Land Financiers, L.R. 16 Ch. D. 373 ; 50 L.J. Ch. 201 ; 43 L.T. 755;
29 W.R. 277. (li.) Ch. Div. V. C. M.-Winding.up voluntarily-No liquidator Appointed
-Distress.-On July 30th a company passed a resolution for a voluntary winding-up, but appointed no liquidators. The landlord of the company distrained for rent. On August 9th liquidators were appointed, and on the 18th a compulsory order for winding-up was made : Held that the distress was validly levied.—Thomas v. Patent Lionite Manufacturing Co., 44 L.T. 94 ; 29 W.R. 349.
County Court :(v.) Q. B. Div.-Admiralty Jurisdiction-Action in rem for Necessaries
31 & 32 Vict., c. 71, s. 2.-A County Court exercising Admiralty jurisdiction under County Courts Admiralty Jurisdiction Act, 1868, cannot entertain a claim for necessaries against a British ship, whose owner is domiciled in Great Britain.--Allen v. Garbutt, L.R. 6 Q.B.D.
165; 50 L.J. Q.B. 141; 29 W.R. 287. (vi.) C. A.-Control over by High Court Notes by Judge--Signing Notes-
38 & 39 Vict., c. 50, s. 6.-Decision of Q.B. Div. (see County Court iii., p. 52) affirmed.-Morgan v. Rees, 44 L.T. 133 ; 29 W.R. 345.
(vii.) C. P. Div.-Costs-Action Remitted to County Court-19 & 20 Vict.,
c. 108, s. 26-Ord. 55.—The costs of an action remitted by the Superior Court to the County Court for trial, under 19 & 20 Vict., c. 108, s. 26, are not within the jurisdiction of the Couaty Court.-Farmer v. May,
50 L.J. C.P. 295; 44 L.T. 148. Crimes and Offences :(xi.) C. A.-Assault-Consent–Submission.—Decision of C. P. Div. (see
Crimes and Offences vii., p. 53) affirmed.-Latter v. Braddell, 29 W.R. 366. (xii.) C. C. R.—Bigamy-Presumption of Duration of Life.--In 1864 W.
married A. In 1868 he was convicted of bigamy for marrying B., A. being then alive. In 1879 he married C., and in 1880, C. being then alive, he married D. On a charge of bigamy for marrying D., C. being then alive: Held that the question should have been left to the jury whether A. was not alive when W. married C., as, if so, the marriage with C. would be invalid.-- Regina v. Willshire, L.R. 6 Q.B.D. 366;
44 L.T. 222; 29 W.R. 473. (xiii.) Q. B. Div.-Corrupt Practices at Election - Information—33 &• 34 Vict.,
c. 75, s. 91.-G. was convicted on an information charging him with having been guilty of corrupt practices at a school board election “contrary to the sub-section of sec. 91 of the Elementary Education Act, 1870;" Held that the conviction was bad, as the offence ought to have been specified and the time and place mentioned in the information.
-Regina v. Ingall, 29 W.R. 288. (xiv.) Q. B. Div.--Elementary Education Acts, Attendance Order-School
Fees—33 & 34 Vict., c. 75, s. 17; 39 & 40 Vict., c 79, ss. 10.12.-A parent who, under an order by a court of summary jurisdiction that his child shall attend a board school and that he do see the order complied with, causes the child to attend the school but without paying the school fees, is not liable to conviction under sec. 12 of the Elementary Education Act, 1876, for non-compliance with the order.-- Richardson v.
Saunders, L.R. 6 Q.B.D. 313. (xv.) Ch. Div. F. J.-Forcible Entry-Occupier Holding Over-Damages
5 Ric. II., c. 1, s. 8.--Where an occupier unlawfully holds possession of a house against the rightful owner, and the owner forcibly enters and ejects the occupier, although the occupier cannot claim damages in respect of the forcible entry, he can for independent wrongful acts done at the
time.—Beddall v. Maitland, 44 L.T. 248; 29 W.R. 481. (xvi.) Q. B. Div.-Malicious Prosecution-Prosecution by Police of Railway
Company.-An action was brought against & railway company for malicious prosecution, plaintiff having been prosecuted by the police of the company: Hell that snch action would lie.--Edwards v. Midland
Rail. Co., L.R. 6 Q.B.D. 287 ; 50 L.J. Q.B. 281 ; 43 L.T. 694. (xvii.) C. A.-Parliamentary Oath - Right to Afirm - Penalty-Informer-29
& 30 Vict., c. 19; 32 & 33 Vict., c. 68.— It is no defence to an action for a penalty for having sat and voted in the House of Commons without having taken the oath, that the defendant was a person npon whose conscience an oath had no binding effect, and that he had, before sitting and voting, made a solemn affirmation. The penalty imposed by sec. 5 of Parliamentary Oaths Act, 1866, may be sued for by a
informer.-Clarke v. Bradlaugh, 29 W.R. 516. Debtor and Creditor :(viii.) Ch. Div. V. C. B.-Attachment of Debt-Second Mortgagee-Sale by
First Mortgagee.-Priorities.--A judgment creditor of a second mortgagee who has obtained a garnishee order against the mortgagor is not entitled to the surplus proceeds of the mortgaged estate when sold by the first
mortgagee under his power of sale after the date of the order. But the holder of a garnishee order against the first mortgagee, it having been obtained after the sale, is entitled to attach the surplus proceeds in the bands of the first mortgagee.—Chatterton v. Watney, L.R. 16 Ch. D.
378; 50 L.J. Ch. 227; 44 L.T. 53; 29 W.R. 373. (ix.) C. P. Div. Execution - Composition-Failure to withdraw Sherifl.-In
the absence of malice no action will lie against a judgment creditor for pot withdrawing the sheriff from possession after the creditor has become bound by a composition of the debt.-Phillips v. General
Omnibus Co., 50 L.J. C.P. 112. (x.) Q. B. Div.-Judgment Summons, Garnishee Order—Concurrent Reme.
dies.-A judgment creditor obtained an order for the examination of the debtor, with a view to ascertaining whether any debts were due to him. The debtor failed to appear, and the creditor obtained a judgment summons by which the debtor was ordered to pay the amount of the debt hy instalments : Held that having obtained this order he was not entitled to an order for the debtor's attachment for not appearing for
examination.--Hayton v. Beall, 44 L.T. 131 ; 29 W.R. 333. (xi.) Ch. Div. V. C. B.-Price of Officer's Commission—Incumbrancers
Notice-Priority. The incumbrancer who gives notice to the army agents who have received the money paid by the Army Parchase Com. missioners for an officer's commission, first after the pablication in the Gazette announcing the officer's retirement, will have priority; and where several give notice simultaneously, they will rank according to the seniority in date of the instruments creating their incumbrances.Johnstone v. Coo, L.R. 16 Ch. D. 571; 50 L.J. Ch. 216 ; 43 L.T. 690 ;
29 W.R. 351. (xii.) C. A.—Retired Vicar-Assignment of Pension—34 & 35 Vict., c. 44, ss.
10, 12.-A pension granted to a retired vicar under the Incumbents' Registration Act, 1871, is inalienable.-Gathercole v. Smith, 29
W.R. 434. Defamation :(iv.) P.C.-Slander-Inuendo-Doubtful Meaning.-In an action for slander,
if the declaration contains inuendoes, a plaintiff cannot substitute for them a prefatory averment in the same declaration imputing motives to defendant. If the words complained of bave two meanings, one im. pnting suspicion, and the other guilt, the question in which sense they were used is one for the jury, and a witness to whom the words were addressed cannot be asked in what sense he understood them.-Simmons
v. Mitchell, L.R. 6 App. 156 ; 50 L.J.P.C. 11; 43 L.T. 710; 29 W.R. 401. (v.) Q. B. Div.-Slander - Privilege-Examination before Parliamentary
Committee.-A witness examined before a Committee of one of the Houses of Parliament is absolutely privileged as to anything he may say in his evidence.-Goffin v. Donnelly, L.R. 6 Q.B.D. 307; 44 L.T. 141 ;
29 W.R. 444. Easement: (vii.) Ex. Div.-Lease for Years—Right of Way-User of Roadway.-On &
special case stated in an action for damages for wrongful entry, the Conrt was equally divided in opinion as to whether a grant of a right of way over the grantor's land was limited to the use of the way for the special purposes expressed in the grant, or whether it gave an unqualified
right of way.-Sumner v. Schofield, 43 L.T. 763. (viii.) Ch. Div. M. R.--Light-Simultaneous Sale of House and Land Ad.
joining.–Where the owner of a house and adjoining land sells the house