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Company: (xxxiv.) Q. B. Div.-Acceptance of Shares-Posting of Letter. --As soon as a
letter of allotment in reply to an application for shares is posted, properly addressed to the applicant, the contract to take shares is
complete.-Household Fire Insurance Co. v. Grant, 48 L.J., Q.B. 219. (xxxv.) Ch. Div. V. C. M.-Action by Shareholder in Name of.-An action
having been begun by a shareholder in his own name and that of a company : the company afterwards went into voluntary liquidation, and the shareholders resolved by a large majority that the action should not be continued in the company's name.
The Court ordered the company to be strack out as plaintiffs, and gave leave to add them as defendants.
--Silber Light Co. v. Silber, 40 L.T. 96; 27 W.R. 427. (xxxvi.) Ch. Div. M. R.-Debentures - Unregistered Mortgage--Companies
Act, 1862, s. 43.-Debentures of a company held by a director are not void as against general creditors on the ground that the deed mort. gaging the company's property to trustees for the debenture-holders had
not been registered. - Re Globe New Patent Steel Co., 27 W.R. 424. (xxxvii.) C. A.-Meeting-Voting-Poll.–At meetings held under the Com.
panies Act, 1862, the vote is first to be taken by a show of hands, and if a poll is demanded the votes will then be taken according to the number
of shares held by each voter.—Re Horbury Bridge Coal Co., 27 W.R. 433. (xxxviii.) Ch. Div. V. C.M.-Mortgage--Borrowing for purposes of Business.
-A company having mortgaged all its undertaking to A., borrowed money from B., who knew of the mortgage, for the necessary purposes of its business, and assigned to him a debt due from C. On the winding-up : Held that the assignment to B. was good.— Re Hamilton's Windsor Iron
Works, 39 L.T. 658; 27 W.R. 445. (xxxix.) Q. B. Div.- Penalty- Non-Delivery of List of Members.-On a
summons against a company for not having forwarded to the Registrar a list of its members : Held that it was necessary for complainant to prove that the first ordinary general meeting had been held.- Regina v.
Newton, 48 L.J. M.C. 77. (ul.) Q. B. Div.-Promoter-Secret Agreement. The owner of a mine agreed
with defendants, who were metal brokers, that if they would assist him to get the mine sold to a company, he would compensate them for the loss they would sustain on their commission, by giving them £5,000 in paid-ap shares, such £5,000 to be included by the owner in the amount of his purchase-money. Defendants assisted in selling the mine to plaintiff company, and received from the owner shares which realized £6,000. The company did not know of defendants' agreement with the owner : Held that the jury were justified in finding that defendants were promoters, and that they were liable to refund to the company the amount received for the shares.- Emma Silver Mining Co. v. Lewis,
48 L.J. Q.B. 257; 40 L.T. 168. (xli.) Ch. Div. M. R.-Unregistered Company-Illegal Association.—Where
more than twenty persons subscribed money upon trusts for investment by trustees, and division of the profits among the subscribers : Held that this was an association for gain within sec. 4 of the Companies Act, 1862, and not being registered was illegal, and the Court would therefore not administer the trusts thereof.-Sykes v. Beadon, 40 L.T. 243;
27 W.R. 464. (xlii.) C. A.-Winding-up-Attachment of Debt-Secured Creditor.-A creditor
of a company who has obtained a garnishee order nisi against a debtor to the company, but does not serve the order on the debtor till after a winding.up petition is presented, is not a secured creditor within secs.
12 and 14 of the Bankruptcy Act, 1869, which provisions now apply to the winding-up of companies by virtue of sec. 10 of Judicature Act,
1875,-- Re Stanhope Collieries Co., 40 L.T. 204. (xliii.) Ch. Div. V. C. B.-Winding-up-Contributory-Director's Qualifica.
tion. — The subscribers to the memorandum of association passed a resolution that the qualification of future directors should be the holding of 50 shares euch, no qualification being required by the memorandum. R. subsequently became a director not knowing of the resolution, and as soon as he did know tried to get the resolutions rescinded and ultimately resigned : Held that R. could not be put on the list of contributories in respect of the fifty qualification shares.-Re Patent Davit Co., Ranken's
Case, 39 L.T. 664. (xliv.) Ch. Div. V. C. H.-Winding-up-Director—Mortgage to Firm.-A
firm, one of whose members was director of a company advanced money to the company on the security of a transfer of delivery warrants of iron, which were transferred to the director for the benefit of the firm, but the transaction was not entered on the register of mortgages : Held, on the winding-ap, that the security was not forfeited.- Re South Durham
Iron Co., Smith's Case, 40 L.T. 63. (xlv.) Ch. Div. M. R.-Winding-up-Director-Promotion Money.--Held
on the winding-up of a company that where promotion money had been improperly paid, of which B. was cognisant, and he subsequently became a director, but did not try to recover the money, that he was not liable for wilful default or misfeasance under sec. 165 of Companies Act, 1862.
-Re Forest of Dean Coal Mining Co., L.R. 10 Ch. D. 450. (xlvi.) C. A.- Winding-up – Director— Purchase of Shares at Discount
Evidence on Appeal.-If a director of a company who is authorized to carry out an agreement by the company with a vendor, has received some of the shares given to the vendor as purchase-money at less than their value, the onus lies on him to show that he received, such shares after the adoption of the agreement, and if he fail to show this, he will be liable to pay the difference between the amount paid to the vendor for the shares and their full nominal value. Fresh evidence as to the date of the purchase by the director not admitted on appeal.-
Weston's Case, Re West Jewell Mining Co., 40 L.T. 43; 27 W.R. 310. (xlvii.) Ch. Div. M. R.-Winding-up-Petition-Costs.-In order that a
creditor appearing on a winding-op petition may be entitled to his costs, he must show a reasonable ground for appearing.-Re Hull and County
Bank, L.R. 10 Ch. D. 130; 27 W.R. 377. (xlviii.) Ch. Div. V. C. M.-Winding-up-Petition-Costs.—Costs were
given to a creditor who successfully opposed a petition by a shareholder
to wind-np a company.--Re Carnarvonshire Slate Co., 40 LT. 35. (xlix.) Ch. Div. V. C.M.-Winding-up-Petition by Shareholder.--A share.
holder who, at the hearing of a petition, tenders the amount of arrears due on his share, has a locus standi, and a fully paid-up shareholder in a limited company can present a petition to wind-up when he alleges that the company is insolvent in consequence of the fraud of directors, and that a sum will be recovered from the directors in the winding-up sufficient to give a surplus after payment of debts.-Re Diamond Fuel Co.,
39 L.T. 662; 27 W.R. 336. (1.) Ch. Div. M. R.-Winding.up—Two Petitions-Priority.—Where a
winding-up order is made on two petitions, the advertisements of which appear in the same number of the London Gazette, the petitioner whose petition was first presented is entitled to the carriage of the order.Re Storforth Lane Colliery Co, L.R. 10 Ch. D. 487.
(li.) C. A.--Winding-up--Proof - Redeemable Annuity.--A company granted
an annuity with a right to repurchase the same for £6,500 on giving six months' notice : at the date of the winding-up no notice to repurchase had been given, nor was any given by the liquidator: Held that the grantee could only prove for £6,500.-Ex parte Young and Garratt, Re
British Nation Life Assurance Association, 40 L.T. 83; 27 W.R. 443. (lii.) C. A.-Winding-up Voluntarily-Petition for Compulsory Order.—Where
a voluntary winding-ap had been duly resolved upon, and a petition for a compulsory winding-up was presented by a contributory : Held that, although great improprieties had taken place in the method of issuing shares, yet the Court could not order a compulsory winding-ap or make
a supervision order.-Re The Gold Company, 40 L.T. 5; 27 W.R. 341. Copyright:(iv.) Ch. Div. V. C. B.-Photograph–Engraving—5 & 6 Vict., c. 100,
88. 4, 5.-An engraving made from a publicly sold photograph of an eminent person for the purpose of being copied on earthenware plates, is not a new and original design capable of protection under the Copy.
right of Designs Act.-Adams v. Clementson, 27 W.R. 379. County Court:(ii.) P. D. A. Div.--Appeal-Evidence.-In an Admiralty appeal from a
County Court, where there were no shorthand notes of evidence, or notes by the County Court Judge available, it was ordered that the appeal should be heard on vivâ voce evidence. The Confidence, The
Susan Elizabeth, 40 L.T. 201. (ii.) C. P. Div.-Appeal--Extension of Time—38 & 39 Vict., c. 50, s. 6.
No leave of the County Court or a judge will avail to extend the time for moving by way of appeal against a decision of a County Court beyond the time limited by Sec. 6 of the County Courts Act.-Tennant v. Raw.
lings, L.R. 4 C.P.D. 133. (iv.) Q. B. Div.-Injunction-Committal for Disobedience—Judicature Act,
1873, s. 89.-A County Court has power, in actions within its jurisdic. tion, to grant an injunction against a nuisance, and to commit to prison for disobedience thereof.-Ex parte Martin, L.R. 4 Q.B.D. 212; 27 W.R. 431.
Crimes and Offences: (xiv.) Q. B. Div.-Adulteration–Sale to Inspector-Prejudice of Purchaser
38 8. 39 Vict., c. 63.—The offence, created by sec. 6 of the Sale of Food and Drugs Act, 1875, is committed by a sale to an inspector appointed under the Act, and buying for the purpose of analysis, if an ordinary customer, would have been prejudiced by such sale.—Hoyle v. Hitchman,
40 L.T. 252; 27 W.R. 487. (xv.) Ex. Div.-False Imprisonment—Committal for Contempt-Detention
beyond year-32 & 33 Vict., c. 62, s. 4.—Where the warrant under which a person is committed to prison for contempt does not refer to the nature of the contempt, the gaoler is not bound to inquire whether the imprison. ment is such as is limited by the provisions of the Debtors Act, 1869.
Greaves v. Keene, 40 L.T. 216; 27 W.R. 416. (xvi.) C. P. Div.-Imprisonment for One Calendar Month.-Plaintiff was
sentenced by a magistrate to be imprisoned for one calendar month, and was taken into custody during the afternoon of the 31st of October : Held that the sentence did not expire till midnight on the 30th of
November.-Migotti v. Colville, 48 L.J. M.C. 48. (xvii.) C. C. R.-Uttering Counterfeit Coin-Coin filel at edges-24 & 25
Vict., c. 99, s. 9.-A genuine sovereign had been fraudulently filed at the
edges so as to reduce the weight, and a new milling made to it: Held that it was a counterfeit coin within Sec, 9 of 24 & 25 Vict., c. 99.
Regina v. Hermann, 40 L.T. 263; 27 W.R. 475. Debtor and Creditor:(xii.) Ch. Div. V. C. B.-Attachment of Debt-Foreign Attachment
Bankruptcy Act, 1869, s. 12.—The creditor of a plaintiff in an action in the Chancery Division issued an attachment against him in the Lord Mayor's Court, and served the writ of attachment upon the defendant in the Chancery action, from whom plaintiff claimed a sum of money. Defendant paid the money into Court, and on an interpleader issue between the creditor and the plaintiff's trustee in liquidation : Held that the former was a creditor holding a security within Sec. 12 of the
Bankruptcy Act, 1869.-Levy v. Lovell, 27 W.R. 428. (xiii.) C. P. Div.-Attachment of Debt-Sum Paid into County Court.—The
proceeds of a judgment paid into a County Court are not attachable by means of a garnishee summons at the suit of a third person, as a debt due from the registrar of the Court to the judgment debtor. - Dolphin v.
Leyton, L.R. 4 C.P.D. 130. (xiv.) Ch. Div. M. R.- Equitable Assignment — Notice-Priority.-A.
assigned his equitable interest in a fund : no notice of the assignment was given to the trustees of the fund : A. died, and his executrix sold his interest to a purchaser for value without notice of the prior assign. ment, who gave notice of his purchase to the trustees : Held, that the second assignee was entitled to the fund.-Re Freshfield, Durrant v.
Freshfield, 40 L.T. 57; 27 W.R. 375. (xv.) C. A.-Stoppage in Transitu — Constructive Delivery.--Goods were
shipped on board a vessel chartered by the owners and consigned to M. : the bill of lading being made out in his name, he paying freight. When a part of the goods had been removed from the vessel, and the freight had not all been paid, the shippers gave notice to the master to stop unloading: Held that they had not lost their right of stoppage in transitu as to so much of the cargo as remained on the vessel.—Ex parte Cooper,
Re McLaren, 40 L.J. 105. Defamation :(v.) C. P. Div.- Libel-Pleading-Setting out words-Ord. 19, rr. 4, 24.
In an action for libel or slander the defamatory words must be set out in the Statement of Claim.-Harris v. Warre, L.R. 4 C.P.D. 125; 27 W.R. 461.
Easement:(vi.) Ch. Div. V. C. H.-Light and Air-Agreement Signed by Licensee
2 83 Will 4, c. 71, s. 3.-Defendant in an action for light and air set up a document dated in 1824, and signed only by K., plaintiff's predecessor in title, whereby K. declared that the windows, the subject of the present action, were put out by the leave of S. (defendant's predecessor in title), and that he would at any time at the request of S., his heirs, or assigns, block them ap, and in the meantime he promised to pay S., his heirs, and assigns, the sum of sixpence a year : the rent had been paid up to 1859: Held that the agreement contained in the document
was a good defence.—Bewley v. Atkinson, 27 W.R. 452. (vii.) C. A.-Support-Presumption of Grant-Prescription. The right to
support for buildings from adjoining land cannot be claimed under the Prescription Acts, but may be acquired by prescription at Common Law, or by presumption of a lost grant arising from twenty years' enjoyment, and such presumption cannot be rebutted by proof that no such grant was in fact ever made.-Angus & Co. v. Dalton, L.R. 4 Q.B.D. 162; 48 L.J. Q.B. 225.
Ecclesiastical Law:(iv.) C. A.-Ecclesiastical Commissioners--Land Vested in-Statute of Limi
tations—3 & 4 Will. IV., . 27, 8. 2 ; 3 & 4 Vict., c. 113, s. 50. -When land annexed to a deanery becomes vested in the Ecclesiastical Com. missioners by virtue of 3 & 4 Vict., c. 113, s. 50, their right of entry upon it taken away by 3 & 4 Will. IV., c. 27, s. 2, when twenty years havo elapsed withont their obtaining possession.—Ecclesiastical Commissioners v. Rowe, L.R. 4 Q.B.D. 63; 48 L.J. Q.B. 152; 40 L.T. 119;
27 W.R. 373. (v.) Q. B. Div.-Ecclesiastical Offence-Commission-Mandamus—3 & 4
Vict., c. 86, s. 3.-A bishop having refused to issue a commission to inquire into a charge made against the rector of a parish in his diocese, under 3 & 4 Vict., c. 86, s. 3, on the grounds of the rector's age and high character, the opposition of the majority of his parishioners to the inquiry, and the usually abortive nature of such proceedings : Held that the bishop was not justified in his refnsal, and mandamus issued to
compel him to proceed.--Regina v. Bishop of Oxford, 40 L.T. 152. (vi.) Q. B. Div.-Vestry Meeting-Summoning Authority.—The vicar and
churchwardens of a parish declined to enter on the notice paper of a vestry meeting a notice of motion by a parishioner that future meetings should be held at a particular hour: Held, that the vicar and churchwardens had power to fix the time of each meeting, and therefore were justified in refusing to enter the notice.- Regina v. Vicar of Tottenham, 40 L.T. 255.
Election:(v.) Q. B. Div.-Guardians of Poor-Falsely Assuming to Act-14 & 15
Vict., c. 105, s. 3.-Appellant called at a voter's house during his absence, placed the voter's initials against two of the candidates' names in his voting paper for the election of guardians of the poor, and signed his
as witness to the voter's mark which he got another person to make. He had no authority to do this. It did not appear by whom the voting paper was given to the returning officer: Held that appellant could not be convicted for falsely assuming to act in the name
or on behalf of a person entitled to vote.- Bell v. Morson, 40 L.T. 128. (vi.) C. P. Div.-Parliament-County Vote-Notice of Objection-Descrip
tion--6 & 7 Vict., c. 18, 8. 40; 28 & 29 Vict., c. 36, s. 6.- The nature of a county voter's interest was described in the third column of the register as freehold land : and in the fourth column his qualification was described as fifteen specified lots in the estate : the voter had parted with fourteen of the lots, but the remaining one was of sufficient qualifying value : notice of objection grounded on the third column was given: Held, that the revising barrister ought not to have entertained an objection grounded on the misdescription of the qualification, and that he had power to amend the description in the fourth column.
Smith v. Woolston, L.R. 4 C.P.D. 73; 48 L.J. C.P. 84 ; 40 L.T. 198. (vii.) C. P. Div.- Parliament-County Vote--Proof of Claim.-Where the
name of a person published in the list of claimants for a county is objected to, the revising barrister has only to consider whether the claimant is entitled to be on the list in respect of his qualification therein described, and is not to require proof of due notice of claim.
Leonard v. Alloways, 48 L.J. C.P. 81; 40 L.T. 197. Evidence :(vi.) C. P. Div.-Declarations by Deceased Creditor.-In an action to recover
a debt due to the estate of a deceased person, a parol statement by him against his pecuniary interest is admissible.—Watson v. Sandford, 40 L.T. 39.