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services : subsequently he was entered on the register as the holder of twenty shares, and a call was made on him, which he refused to pay: Held that he was liable for the twenty shares.—North and South
Woolwich Subway Co. v. Pym, 39 L.T. 346; 27 W.R. 259. (xxiv.) Ch. Div. M. R.- Director's Qualification—Trust Shares--Injunction.
- The qualification for directorship of a company was the holding as registered member in his own right capital of at least £500 nominal value: Held that the registered owner of this amount, though he had transferred his shares to another, was eligible and entitled to an injunction against the other directors to restrain them from wrongfully excluding him from acting as director.---Pulbrook v. Richmond Mining
Co., L.R. 9 Ch.D. 610; 48 L.J. Ch. 65. (xxv.) H. L.-Promoters—Concealment—Fiduciary Position.—Held that where
a syndicate had bought property, and afterwards sold it to a company formed under their auspices, they were placed in a fiduciary position with regard to the company, and were bound to disclose facts relating to the property likely to influence the company in considering the desirability of the purchase.—Erlanger v. New Sombrero Phosphate Co.,
L.R. 3 App. 1218; 39 L.T. 269; 27 W.R. 65. (xxvi.) Ch. Div. M. R.- Voluntary Society-Sale of Property.-On the sale of
land belonging to a voluntary society with no roles as to the disposition of its property : Held that the members of the society at the time were entitled to the proceeds in equal shares.---Brown v. Dale, L.R. 9 Ch. D.
78; 27 W.R. 149. (xxvii.) Ch. Div, M. R.- Winding-up-Contributory — Directors — Ultra
vires.-Held that the directors of a company in liquidation were liable to pay to the official liquidator sums paid by them out of capital as dividends on the shares, though such payment had been sanctioned at a
general meeting.-Re National Funds Assurance Society, 39 L.T. 420. (xxviii.) Ch. Div. V. C. H.--Winding-up-Contributory—Puid-up Shares.
A company agreed with W. for the issue of advertisements in his paper to be paid for in fully paid-up shares, and advertisements were accord. ingly inserted by W., and shares issued to him purporting to be paid-ap: Held on the winding-up that W. was not liable to contribute in respect of such shares, and that he was entitled to prove for advertisements in. serted subsequently, for which he had received no shares.- White's Case,
Re Government Fire Insurance Co., 39 L.T. 533. (xxix.) Ch. Div. V. C. M.-Winding-up-Official Liquidator-Discharge.
On the winding-up of an insolvent company, an accountant having been appointed official liquidator, he was discharged on the application of the unsecured creditors and two of the latter appointed to act as official liquidators, without remuneration.-Re Association of Land Financiers,
27 W.R. 224. (xxx.) Ch. Div. V. C. M. Winding-up - Petition -- Life Insurance
Security for Costs-33 S 34 Vict., c. 61, s. 21.-When a life insurance company has passed a resolution for voluntary winding-up, a policy. holder may petition for a compulsory winding-up without a reference to Chambers, and without giving security for costs.-Re British Alliance
Assurance Corporation, L.R. 9 Ch. D. 635. (xxxi.) Ch. Div. V. C. M.-Winding-up- Petition of Debenture-holders
Incorporation by Statute.-A company incorporated by Act of Parliament for public purposes cannot be wound-up on the petition of debenture. holders.-Re Herne Bay Waterworks Co., L.R. 10 Ch. D. 42; 48 L.J.
Ch. 69; 32 L.T. 324; 27 W.R. 36. (xxxii.) Ch.' Div. M. R.--Winding-up Voluntarily-Contributory-Set-off.
Where a limited company is in voluntary liquidation, a contributory
cannot set-off a debt due from the company against calls made either before or after the resolution to wind-up.- Re Whitehouse & Co., L.R. 9
Ch. D. 595; 47 L.J. Ch. 801 ; 39 L.T. 415; 27 W.R. 181. (xxxiii.) C. A.-Winding-up Voluntarily-Fraud—Repudiation of Shares.—The
principle that a shareholder induced by fraud to take shares in a com. pany, cannot repudiate them after the company has been ordered to be wound-up, if any debts of the company remain unpaid, extends to a voluntary winding-up without supervision.-Stone v. City & County
Bank; Collins v. Ditto, 47 L.J. C.P. 681. Copyright:(ii.) Q. B. Div.-Music-Right to perform-Entry at Stationers' Hall
5 8 6 Vict., c. 45, ss. 14, 20.- Held that section 20 of 5 & 6 Vict., c. 45, is not retrospective, but that assignees of the copyright of music published before the Act, had a right to move ander section 14 to expunge an entry in the Stationers' Hall Registry of an invalid assignment by the composer of the right of public performance.--Ex parte Hutchings, 48
L.J. Q.B. 29; 39 L.T. 396; 27 W.R. 261. (iii.) Ch. Div. V. C. M.-Title of Book-Registration–5 & 6 Vict., c. 45.
The title of a book may be the subject of copyright, and such copyright will not be lost merely by the book being out of print for some time : the names of the first publisher and of the proprietor at the time of registra.
tion only need be registered.-Weldon v. Dicks, 39 L.T. 467. Crimes and Offences:(v.) Ex. Div.-Adulteration-Written Warranty--38 S. 39 Vict., c. 63, s. 25.
-In order that a defendant in a prosecution under the sale of Food and Drugs Act, 1875, may be entitled to be discharged under section 25, he must be provided with a written warranty in express terms, and not merely a document containing a description of the article purchased.
Rook v. Hopley, 47 L.J. M.C. 118. (vi.) C. C. R.-Converting to own use - Agent receiving Money-Direction in
Writing—24 & 25 Vict., c. 96, s. 75.- Prisoner was employed to sell goods for prosecutor and to remit moneys received on sales to him, and the prosecutor writing to him in regard to certain sums due directed him to remit money received from customers to him on the same day that prisoner received it: subsequently prisoner received other sums of money and converted them to his own use : Held that he could not be convicted
under sec. 75 of the Larceny Act.—Regina v. Brownlow, 39 L.T. 479. (vii.) C. C. R.-Embezzlement-Venue.-A commercial traveller, who lived at
G., collected at N. money for his employers, which he did not remit nor account for, and a month afterwards one of the employers saw him at G. and taxed him with having done so, which he admitted : he was convicted at G. borough quarter sessions for embezzlement. Held that there was no evidence of embezzlement within the borough.- Regina v. Treadgold,
39 L.T. 291. (viii.) Q. B. Div.-Extradition-Exemption--33 $ 34 Vict., c. 52.--By an
arrangement, subsequent in date to the Extradition Act, with the Swiss Government, it was agreed that the respective subjects should not be mutually delivered, an order in council referring to this arrangement directed that the act should apply to Switzerland : Held that an English. man accused of larceny in Switzerland could not be delivered up.-
Regina v. Wilson, 48 L.J. M.C. 37. (ix.) Ex. Div.-Extradition—Warrant—Description of Offence.-A native of
Switzerland was apprehended under the Extradition Act on a warrant charging him with crimes against the bankruptcy laws: Held a sufficient description of the offence to justify his apprehension and detention.Re Terraz, 39 L.T. 502 ; 27 W.R. 170.
(x.) C. C. R,-Larceny-Recent Possession-Evidence for Jury.—The owner
of a bag left it near a place where the prisoner and two other persons were at the time : prisoner passed the place, and shortly afterwards the bag was missed : it was found afterwards in a hay-loft near a highway, to which any person could obtain access : Held that there was no evidence
of recent possession to go to jury.- Regina v. Hughes, 39 L.T. 292. (xi.) C. C. R.--Prize-Fight-Sparring with Gloves.-On the trial of an
indictment for assembling to witness a prize-fight, the chairman directed the jury that if the parties met intending to fight till one gave in from exhaustion or injury received, it was a breach of law, and a prize-fight, whether they used gloves or not: Held a proper direction.
Regina v. Orton, 39 L.T. 293. (xii.) C.P. Div.---Reward for Information Leading to Apprehension-Voluntary
Surrender to Constable.-When a rew is offered for information leading to the apprehension of a felon, a police-constable, to whom the felon has offered to surrender himself, is not entitled to the reward. -
Bent v. Wakefield & Barnsley Union Bank, L.R. 4 C.P.D. 1; 27 W.R. 168. (xiii.) Q. B. Div.-Trespass on Land–Fox-Hunting.–A person is not justi.
fied in entering the land of another against his will for purpose of fox-hnnting.–Paul v. Summerhayes, L.R. 4 Q.B.D. 9; 48 L.J. M.C. 33 ;
27 W.R. 215. Debtor and Creditor :(viii.) C. A.-Acknowledgment of Debt-Statute of Limitations—9 Geo. IV.,
c. 14, s. 1.—Decision of C.P.D. (see Debtor and Creditor i, p. 12)
affirmed.—Meyerhof v. Froelich, 48 L.J. C.P. 43 ; 27 W.R. 258. (ix.) R. B. Div.-Attachment of Debt-Foreign Attachment-Lord Mayor's
Court. The existence of an attachment in the Lord Mayor's Court does not prevent the operation of a garnishee order under the C. L. P.
Act, 1854, ss. 60-64.-Richter v. Laxton, 39 L.T. 499; 27 W.R. 214. (x.) C. P. Div. - Attachment of Debt-Partial Interest in Trust Fund.
When plaintiff had recovered judgment against defendant, who was entitled to an annuity for the maintenance of herself and her infant son: Held that the annuity was attachable, subject to an inquiry as to proportion to be allowed for son's maintenance.-Nash v. Pease, 47 L.J.
C.P. 766. (xi.) Q. B. Div.-Execution-Fraudulent Conveyance—13 Eliz., c. 5.—A
trader, in insolvent circumstances, executed a deed conveying all his property to trustees on trust to pay dividends to assenting creditors, with the object of defeating executions which might prevent the equal distribution of his property : Held that the deed was fraudulent under 13 Eliz., c. 5, and void as against non-assenting judgment creditors. —
Spencer v. Slater, L.R. 4 Q.B.D. 13; 39 L.T. 424; 27 W.R. 134. Defamation :(iii.) C. A.-Libel-Felon-9 Geo. IV., c. 32, s. 3.--It is libellous to apply the
word felon to a man who has been convicted of felony and has undergone
his sentence.--Leyman v. Latimer, L.R. 3 Ex. D. 352. (iv.) Q. B. Div.-Libel— Newspaper-Liability of Proprietor-6 & 7 Vict.,
c. 96, s. 7.—When on a prosecution for libel against the proprietor of a newspaper, he sets up a defence under sec. 7 of Lord Campbell's Act, it is the duty of the judge to direct the jury that a general authority, given by the proprietor to the editor to conduct the newspaper, must be taken to mean, in the absence of special circumstances, an authority to conduct it according to law.-- Rejina v. Holbrook, 39 L.T. 536.
Easement: (v.) Ch. Div. V. C. B.-Light and Air-Continuous and Apparent Ease.
ment.-A vendor having conveyed part of his property to A., without any reservation, subsequently conveyed another part to B., on which was situated a building having three windows in a wall abatting upon A.'s part, which had been there before the conveyance to A., but were not ancient lights, nor was the right to light and air to them a necessity: Held that there was no implied reservation of such right out of the
conveyance to A.-Wheeldon v. Burrows, 27 W.R. 165. Ecclesiastical Law:(ii.) Q. B. Div.-Monition-Suspension-Prohibition-53 Geo. III., c. 127,
s. 1.-A clerk in orders who has, in a criminal suit, been admonished by the Court of Arches to abstain from illegal practices in the services of the Church cannot for subsequent disobedience be summarily suspended, and a prohibition will be granted to restrain execution of any such
sentence. - Martin v. Mackonochie, L.R. 3 Q.B.D. 730. (iii.) Ct. of Arches.-Monition-Suspension.-On on application to enforce
a monition in a case similar to the preceding one : Held that the judgment of the Q. B. Div. in that case must be followed.—Combe v. Edwards,
L.R. 3 P.D. 103 ; 39 L.T. 295. Election : (i.) C. P. Div.-- Parliament—Borough Vote-Notice of Objection-Service
6 Vict., c. 18, s. 101.-All parish business was transacted at the office of the collector of rates for the borough of B., who discharged all the ordinary duties of the overseers : Held that a notice of objection to appellant's name was properly served on the overseers by being left at
the office.-Green v. Mepham, 39 L.T. 450. (ii.) C. P. Div.-Parliament-Borough Vote-Rating of Owner by Agree.
ment-32 X 33 Vict., c. 41, s. 19.-Section 19 of the Poor Law Assess. ment Act, 1869, applies to the cases where the owner is by agreement with the occupier liable for the rates, and the name of the occupier has been omitted from the rate-book.–Barton v. Birmingham Town Clerk,
39 L.T. 352. (ii.) C. P. Div.-Parliament- Borough Vote-Rating of Owner-Reduction
of Rate-32 & 33 Vict., c. 41, s. 4.-Where an owner paid rates, and such rates had been reduced under sec. 4, sub-sec. 2, of 32 8 33 Vict., c. 41; but the owner had never given notice in writing of his willingness to be rated whether the tenements should be occupied or not : Held that such reduction was improper, and that the occapier was disqualified
from being placed on the list of voters.--Bennett v. Atkins, 27 W.R. 231. (iv.) Q. B. Div.-School Board—Disqualification—33 & 34 Vict., c. 75,
Sch. 2, Pt. 1, Ss. 12, 14.-A member of a school board absented himself from the meetings during six months, and in consequence ceased to be a member : Held that he was not disqualified from being elected at the
next general election.- Regina v. Turmine, 48 L.J.Q.B. 5; 27 W.R. 150. Evidence : (iv.) Q. B. Div.-Highway Rate-Publication-5 8 6 Will. IV., c. 50, 8. 34.
-The production of the rate-book is not sufficient evidence of the due
publication of a highway rate.—Bird v. Adcock, 47 L.J. Q.B. 123. (v.) C. A.-Information and Relief-. Interlocutory Application.-On a proceed.
ing which, though interlocutory in form, finally decides the rights of the parties, evidence on information and belief is not admissible, but when not objected to in the court below, cannot be objected to on appeal.Gilbert v. Endean, L.R. 9 Ch. D. 259; 39 L.T. 404; 27 W.R. 252.
Fishery :(iii.) Q. B. Div.-Obstruction to Fish-Salmon Fishing—24 $25 Vict.,
c. 109.-A mill-dam had been used for fishing before 1859, and there were still broken remains of a box without internal appliances : The dam was referred to in a certificate of the Fishery Commissioners as a fishing mill-dam, but it was not shown that any increased obstruction to fish had been created since the Salmon Fishery Act, 1861: Held that the dam had ceased to be a fishing mill-dam, and that the provisions of the
Salmon Fishery Act, 1861, did not apply.--Pike v. Rossiter, 39 L.T. 496. Highway :(iii.) Q. B. Div.-Repair-License to get Materials—5 & 6 Will. IV., c. 50,
s. 54.—The license granted by justices to a surveyor to get materials for repair of a highway from enclosed lands under sec. 54 of 5 & 6 Will IV., c. 50, extends only to the particular occasion for which it is given.Earl Manvers v. Bartholomew, L.R. 4 Q.B.D. 5; 48 L.J.M.C. 3; 39 L.T. 327; 27 W.R. 167.
Husband and Wife :(xv.) C. A.-Divorce— Foreign Subject—20 8 21 Vict., c. 85, s. 27.—Decision
of P.D.A. Div. (see Husband and Wife iv., p. 15) reversed.-Niboyet v.
Niboyet, 39 L.T. 486 ; 27 W.R. 203. (xvi.) C. A.- Divorce-Settlement — Variation. Decision of P.D.A. Div. (see
Husband and Wife v., p. 15) affirmed.—Marsh v. Marsh, 47 L.J.P.D.A. 78;
39 L.T. 545 (xvii.) C. A.-Infants--Custody of—Religious Instruction. The right of a
father to control the religious education of his children will not be interfered with in the absence of any conduct on his part showing him to be unfit to exercise such right, and the fact that children have been without his knowledge brought up in a faith of which he disapproves will be no ground for interference by the Court, nor will the father be held to have abandoned his legal right by making the children wards of
Court.-Agar-Ellis v. Lascelles, 48 L.J. Ch. 1; 39 L.T. 380; 27 W.R. 117. (xviii.) P. D. A. Div.-Infants--Custody of-41 Vict., c. 19, s. 4.--An order
by magistrates under sec. 4 of the Matrimonal Causes Act, 1878, giving the wife the legal custody of a child, will extend only till the child is ten
years old.-Grove v. Grove, 39 L.T. 546. (xix.) Ch. Div. V. C. M.—Marriage by Repute-Presumption--Evidence.
Where A. and B. cohabited as man and wife for thirty years until B.'s death, but there was no evidence of the marriage, nor any affidavit in support of it by any of the family, but the children had always been treated as legitimate : Held that the children of A. and B. were entitled as legitimate children to share as next-of-kin in property devolving on
the intestacy of B.'s brother.—Collins v. Bishop, 48 L.J. Ch. 31. (1x.) C. P. Div.-Separate Estate-Earnings of Wife—33 & 34 Vict., c. 93,
s. 1.-A husband being incapacitated from carrying on his business was removed to a work-house infirmary, and the wife carried on the business in his absence, borrowing money for that purpose, and on his return continued to carry it on, he not interfering: Held that goods purchased by the wife for the purpose of trading were her separate propertyLovell v. Newton, L.R. 4 C.P.D. 7.
Injunction:(i.) C. A.–Name of House—Right to Restrain use of.-Held (reversing the
decision of V.C.M. 39, L.T. 226) that the owner of a house which has been known for upwards of sixty years by a particular name has no