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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 shar-es.—North and South Woolwich Subway Co. v. Pym, 39 L.T. 346; 27 W.R. 259.
(xxiv.) Ch. Div. M, R,—Di1-ectm-’s Qu.al:fication—Tr~ust Shar-es—Injunction. —'I‘he_ 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-.—Pulbro0k v. Richmond Mining
(xxv.) H. L.—-P*romofe'rs—Conceu.lment—Fiduciary Positi0n.—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 oompany in considering the desirability of the purchase.—E~rlu.nger v. New Sombrero Phosphate Co., L.R. 3 App. 1218; 89 L.T. 269; 27 W.R. 65.
(xxvi.) Ch, Div, M. R,—Vol/unta/r'y Society/—Sale of Propew-ty.—On the sale of land belonging to a voluntary society with no rules 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.—B1-own v. Dale, L.R. 9 Ch. D. 78; 27 W.R. 14-9.
(xxvii.) Ch, DiV_ M, R_— Winrling-up—Conl‘/ributory — Directors — Ultra, m'res.—Held that the directors of a company in liquidation were liable to pay to the oificial 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,—-Wind/ing-up—Conf1'ibutory—PunId-114) Sha1'es.— A company agreed with W. for the issue of advertisements in his paper to be puid for in fully paid-up shares, and advertisements were accordingly inserted by W., and shares issued to him purporting to be paid-up : 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 inserted subsequently, for which he had received no shares.—lVhile’s Case, Re Government Fire Insu/rance Co., 39 L.T. 533.
(xxix.) Ch, Div, V, C, M_——Wi1zding-up——Ofli-cial Liqu-id-ator—D1'scha1'ge.— 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 appointedto act as oflicial
liquidators, without remuneration.—Re Association of Land Financiers, 27 W.R. 224.
(xxx.) Ch. Div, V, C, M.——- Wi'n4ling.up~—Petitio1|.—Life InsuranceSecurity for Costs—33 ._§‘ 34 Vict., c. 61, s. 21.—When a life insurance company has passed a resolution for voluntary winding-up, a policyholder may petition for a compulsory winding-up without a reference to Chambers, and without giving security for c0sts.——Re British Alliance Asswra/nce Corpm-atimt, L.R. 9 Ch. D. 635.
(xxxi.) Ch. Div, V, C, M_—Winding-up—Petition of Debenture-holde'rs— Incorporation by Statute.——A company incorporated by Act of Parliament for public purposes cannot be wound-up on the petition of debentureholders.—Re Horne Bay Wa.te»rworks Co., L.R. 10 Ch. D. 4-2; 48 L.J. Ch. 69; 82 L.T. 324; 27 W.R. 36.
principle that a shareholder induced by fraud to take shares in a company, 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.—Sto'na v. City Q‘ County Bank; Collins v. Ditto, 47 L.J. C.P. 681.
5 §/‘ 6 Vict., c. 45, ss. 14, 20.—Held that section 20 of 5 & 6 Vict., c. 4-5, is not retrospective, but that assignees of the copyright of music published before the Act, had a right to move under section 14 to expunge an entry in the Stationers‘ Hall Registry of an invalid assignment by the
composer of the right of public performance.——Em parte Hutchings, 48 L.J. Q.B. 29; 39 L.T. 396; 27 W.R. 261.
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 registration only need be registered.—Weldon v. Dicks, 89 L.T. 467.
89 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. Hoplsy, 47 L.J. M.C. 118.
C. C. R.—C0nvertin-g to own use—Agent receiving Money—Direction. in Wn'ting—24 (fr 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.—Regirna. v. B-rownlow, 39 L.T. 479
C. C. R.——Embe:zZement—-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.) B, DiV_——E.rtraditi0n—E.1:cmption—33 is’ 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 Englishman accused of larceny in Switzerland could not be delivered up.Regina v. W1'ls0n, 48 L.J. M.C. 37.
(ix.) EX. DiV.—Ert-raditi0'n»—Wa/rrant—-Descriplion of O_fi'e'nce.—A native Of
Switzerland was apprehended under the Extradition Act on a warrant charging him with crimes against the bankruptcy laws : Held a sufiicient description of the oifence to justify his apprehension and detenti0n.—— Re Terraz, 39 L,T. 502; 27 W.R. 170.
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.—Regim1 v. Hughes, 39 L.T. 292.
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 n. prize-fight, whether they used gloves or not: Held a proper direction.Reginct v. Orton, 39 L.T. 293.
does not prevent the operation of a garnishee order under the C. L. P. Act, 1854, ss. 60~6L.—-Richter v. Lawton, 39 L.T. 499; 27 W.R. 214.
C. P. DiV.—Aitachment of Debt—-Pa.rt1'al Interrsl. in Trust Fund-.— When plaintiif 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 maiutenance.—Nash v. Pease, 47 L.J. C.P. 766.
Q. B, DiV_—Ezecution—-Fraudulent Co'mveyance—13 Eliz., 0. 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., o. 5, and void as against non-assenting judgment creditors.— Spencer v. Slater, L.R. 4 Q.B.D. 13 ; 89 L.T. 4-24; 27 W.R. 134.
C. .A..—L1'beZ—Felon-9 Geo. I V., 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.) B. DiV.—LibeZ—Newspape-r—Lialzility of Propa-ieto'r—6 §' 7 i’1'ct.,
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 geneml 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.—Rcyina v. Holbrook, 39 L.T. 536.
(V-) Ch. DiV. V. C. B.—-Light and Air—Conti'nuous 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 abutting 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.B.. 165.
Ecclesiastical Law :—
(ii.) B, DiV,—Moniti0n——Suspensi0n—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
(iii.) C15. Of A.1'0h6S.——-Monition—S'uspension.—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.
(i.) C. P. DiV.——Parliam-ent—Borough V0te—Notz'ce of Objectio1v—Se1'1:ice— 6 Vict., c. 18, s. 10l.—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 oflice.-—Gv-een v. Mepham, 39 L.T. 4-50.
(ii.) C. P. DiV.—Parlia.ment—Bor0ugh Vote—Rat|'ng of Owner by Agree. 'ment—32 ti’ 33 Vict., c. 41, s. 19.—Soction 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.—Ba/rton v. Birmingham Town Clerk, 39 L.T. 352.
(iv.) B. DiV,—Sch-ool Boa1'd——Disqualification—33 <3" 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. Tm-mine, 48 L.J. Q.B. 5; 27 W.B. 150.
(v.) C. A.—Info1~mation and Relief— - Interlocutory AppZiration.—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.B. 252.
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, 89 L.T. 496.
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 do 6 Will IV., c. 50, extends only to the particular occasion for which it is given.Ea/rl Manvers v. Bartholomew, L.R. 4 Q.B.D. 5; 48 L.J.M.C. 3; 89 L.T. 327; 27 W.R. 167.
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 C0u1't.—Aga'r-Ellis v. Lascelles, 48 L.J. Ch. 1; 39 L.T. 880; 27 W.R. 117.
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 aflidavit 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.—Coll1'ns v. Bishop, 48 L.J. Ch. 31.
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 property.—— Lovell v. Newton, L.R. 4 C.P.D. 7.
Injunction :(i.) C, A,-Name of House——Right to Restrain use nf.—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 bya particular name has no