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WESTERN (Lord ALVEPSTONE, C.J., 1; A. T. LAWRENCE, J., 2). Devizes, Thursday, Oct. 12
Exeter, Saturday, Oct. 28 (civ. and crim.) Dorchester, Tuesday, Oct. 17
Winchester, Saturday, Nov, 4 Wells, Friday, Oct. 20
Bristol (2), Monday, Nov. 15 (civil and Bodmio, Weanesday, Oct. 25
SOUTH-EASTERN (LAWRANCE, J.). Cambridge, Thuriday, Oct. 12
Hertford, Saʻurday, Nov. 18 Norwich, Tuesday, Oct. 17
Maidstone, Wednesday, Nov. 22 Bury St. Edmuods, Monday, Oct. 23 (civil Guildiсrd, Thursday, Nov. 30 and criminal)
Lewe', Thursday, Dec. 7 (civil and Chelmsford, Saturday, Oct. 28
MIDLAND (RIDLEY, J.). Aylesbury, Friday, Oct. 13
Derby, Tuesday, Oct. 31 Bedford, Monday, Oct. 16
Nottingham, Monday, Nov. 6 Northamptoo, Wednesday, Oct, 18 Warwick, Friday, Nov. 10) Leicester, Monday, Oct. 23
Birmingham (2), Thursday, Nov. 30 (civil Lincoln, Thursday, Oct. 26
DOLPHIN. THOMAS, Ribchester, quarry master. Ct. Proston. Oct. 3. EDWARDS, HERBERT JAMES, Panygrces, licensed victualler. Ct. Bangor.
Oct. 3. Evans, HENRY, Porth, collier. Ct. Pontypridd, Ystradyfodwg, and Porth.
Oct. 4. EVANS, DANIEL, Caerau, coal miner. Ct. Cardiff. Oct. 2. EVANS, ANNE, Carmarthen, licensed victualler, widow. ('t. Carmarthen.
Oct. 3. ELT. STANLEY FREDERICK, Porthcawl, commercial traveller. Ct. Cardiff.
Oct. 2. GROCOCK, EDWARD, Kingston-upon-Hull, plumber, Ct. Kingston-upon
Hull. Oct. 4. HADLEY, WALTER GEORGE, Leigh Sinton, baker. Ct. Worcester. Oct. 2. JAMES, JOHN, Cullompton, farmer. Ct. Exeter. Oct. 4.
Ipswich, meat salesman. Ct. Ipswich. Oct. 4. JACKSON, FRED, Brough, farmer. Ct. Kendal. Oct. 2. KNOWLES, HARRY, Hyde, grocer. Ct. Ashton-under-Lyn. Oct. 3. MORRIS, THOMAS, Bolton, coal merchant. Ct. Bolton. Oct. 3. MANWARING. WILLIAM, Salford, tobacconist. Ct. Salford. Oct. 3. POLLARD, HENRY (late trading as E. Pollard), lata Kibworth Beaucha:np,
gereral draper. Ct. Leicester, Oct. 3. PITT, HENRY JOHN, Bedwas, boot factor. Ct. Newport, Mon. Oct. 4. ROBINSON, GEORGE, Birmingham, builder. Ct. Birmingham. Oct. 2. REDMAN, THOMAS HENKY, Yatton, printer. Ct. Bristol Oct. 3 SMITH, Elwood (trading as F. S. Smith ard Son), Manchoster, painter.
Ct. Salford. Oct. 4. Sheldon. WILLIAM HENRY, Sheffield, electro plate manufacturer. Ct.
Sheffield. Oct. 3. SHEARD, JAMES, Dewsbury, coal merchant. Ct. Dewabury. Oct. 3. SMITH, WILLIAM, Wickham Market, saddler. Ct. Ipswich. Oct. 3. SIMPSON, JOAN, Longworth, farmer Ct. Bolton. Oct. 3. TAYLOR, FRANCIS JOHN DAVID, Siblo Hedingham, carter. Ct. Colchester.
Oct. 4. Taylor, ARTHUR EDWIN, and HUNTER, ALBERT, Thirsk, ironfounders. Ct.
Northallerton. Oct. 4. THOMAS, DAVID ALFRED, Ferndale, insurance agent. Ct. Pontypridd,
Ystradyfodwg, and Porth. Oct. 2. WHEELWRIGHT, ALBERT, Birmingham, fruiterer. Ct. Birningham. Oct. 3. WELFORD, WILLIAM VERNON, Radley, baker. Ct. Oxford. Oct. 4.
OXFORD (PICKFORD, J.). Reading, Friday, Oct. 13
Monmouth, Wednesday, Nov. 1 Urford, Thursday, Oct 19
Hereford, Monday, N. v. 6 Wore-ster, Mond iy, Oct. 23
Shrewsbury, hursday, Nov. 9 Gloucester, Friday, Oct. 27
Stafford, Monday, Nov. 13. Birmingham (2), Thursday, Nov. 30 (civil aud criminal).
NORTH AND SOUTH WALES (CHANNELL, J., 1; A. T.
LAWRENCE, J., 2). Carnarvon, Thursday, Oct. 12
Carmarthen, Thursday, Oct. 26 Ruthin, Monday, Oct. 16
Brecon, Monday, Oct. 30 Caester, Thursday, Oct. 19 (civil and Cardiff (2), Wednesday, Nov. 1 (civil and criminal)
Dates not yet fixed.
NORTHERN (AVORY, J., 1; LUSH, J., 2). Carlisle, Monday, Oct. 23
Liverpool (2), Tuesday, Oct. 31 (civil and Lancaster, Thursday, Oct. 26
COURT OF APPEAL AND HIGH COURT OF JUSTICE (CHAN
CERY DIVISION).-MICHAELMAS SITTINGS 1911. ROTA O REGISTRARS IN ATTENDANCE FOR THE WEEK ENCING
Ост. 21. Monday. Tuesday. Wednesday. Thursday. Friday. Saturday EMERGENCY
Leach APPEAL CT. II... Goldschmidt Gregwell...... Beal ............ borrer
Leana JOYCE, J............. Borrer .......
Farmer Bloxan Theed
Church SWINFEN EADY, J. Synge..... Goldschmidt Greswell
Burrer ....... Leach WARRINGTON, J. Bloxam Theed
Church Synge Goldschmidt Greswell NEVILLE, J. Beal Borrer Leah Farmer
Syle ...... EVE, J.
Church Synge ... Goldschmiat Greswell.....bos....... borrer.
Professional Partnerships Dissolved.
GAZETTE, Oct. 6. GRAHAM, EVELYN RONALD BRODRICK, and DAVIES, PHILIP THEODORE,
solicitors, 222, Strand, W.C. Sept. 29. TAYLOR, CHARLES; ROBINSON, HENRY THOMAS; and HULL, EDWIN WHATSON,
solicitors, 10, New Broad-st, E.C., under style of Taylor and Taylor. Jan. 1. Debts from Jan. í by H. T. Robinson and E. W. Hull, who will in future carry on the business at game oddress under old style.
GAZETTE, Oct. 10.
To surrender at their respective District Courts.
manufacturer. Ct Walsall. Oct. 6. BEAUMONT, GODFREY LANCASTER, late Great Haywood, retired army major.
Ct. Stockport. Oct. 5. BAILEY, ARTHUR Evans, Alfreton, joiner. Ct. Derby and Long Eaton.
Oct. 6. CRAN. JAMES, Great Harwood, doctor of medicine. Ct. Blackburn and
Darwen. Sept. 30. COCKS, WILLIAM, Woodley, coal merchant. Ct. Stockport. Oct. 5. CAREY, NELLY (late Nelly Rance, widow), St. Leonards-on-Sea, licensed
victualler. Ct. Hastings. Oct. 7. Ellis. MARTHA. and Ellis, SAMUEL STANWORTH (trading as the South
Yorkshire Coal Supply Company), Doncaster, coal merchants. Ct.
Shefheld. Oct. 6. HICKMAN, WILLIAM John, Walsall, bridle cutter. Ct. Walsall. Oct. 4. HUTCHINSON, HENRY, late New Sawley, grocer. Ct. Nottingham. Oct. 5. HURST, William, late Manchester. Ct. Manchester. Oct. 6. HOMER, FREDERIC CHARLES (late trading as F. C. Homer and Sons),
Stockton Brook, builder. Ct. Hanley, Oct. 4. HUGHES, ALBERT, Llandilo, florist. Ct. Carmarthen. Oct. 7. KERR, J. BRUCE, Pinner, barrister-at-law. Ct. St. Albans. Oct. 1. KAISER, ARTHUR, Richmond, jeweller. Ct. Northallerton. Oct. 5 KEMP. JAMES, Cromer, lodging-house keeper. Ct. Norwich. Oct. 5. LESMAN, HARRIS, Liverpool, cabinet maker's manager. Ct Liverpool.
Oct. 6. MULGRAVE, SESAN ELIZABETH (known as Elizabeth Mulgrave), Southport,
widow. Ct. Liverpool. Oct. 5. MUNDAY, CHARLES ROBERT. Bethereden, hairdresser. Ct. Canterbury.
Oct 7. Newton, AUSTEN CHAMBERLAIN, Maidenhead. Ct. Windsor. Oct. 7. PARNALL, SYDNEY F. (trading as Sydney F. Parnall and Co.), Plymouth,
saddler. Ct. Plymouth. Oct. 5. PAINE, ALFRED; PAINE, ALFRED D'ARCY; Paine, Percy WALTER; and LEES.
Robert STEWART (trading as Alfred Paine and Sons), Bedford, wool
merchants. Ct. Bedford. Oct. 5. Roberts, HENRY, St. Keverne, foreman of stone quarry. Ct. Truro.
Oct. 7. ROBERTS, LLEWELYN, Llanllyfni, baker. Ct. Aberystwyth. Oct. 7. SoWDEN, REUBEN, Barnsley, auctioneer. Ct. Barnsley. Oct. 5. Sanson, FREDERIC SAMUEL, Willenhall, baker. Ct. Wolverhampton.
Oct. 6. STURMEY, JOHN JAMES HENRY. Coventry. Ct. Coventry. Oct. 7. SLATER, CHRISTOPHER, New Cleethorp23, skipper of a steam trawler. Ct.
Great Grimsby. Oct. 4. Scott, Thomas William, Dunstable, provision dealer. Ct. Luton. Oct. 7. TOULSON, HARRY, Bradford, fancy yarn spinner (t. Bradford. Oct. 6. TAYLOR, CHARLTS. Congleton, dairyman. Ct. Macclesfield Oct. 6. WILKINS, John Edwin Pope, Wells, confectioner. Ct. Wells. Oct. 5.
Amended notices substituted for those published in Gozette, Sept. 29. Brown, SAMUEL (described in the receiving order as Sam Brown),
Southend-on-Sea, tailor. Ct. Chelmsford. Sept. 27. TOTOONCHIE, ARTHUR THOMAS (trading as A. Totoonchie and Co.), Man.
chester, shipper. Ct. Manchester. Sept. 27.
GAZETTE, Oct. 6.
Oct. 2. LONNIE, SYDNEY GEORGE, Teather-st. Camberwell, cabinet maker. Oct. 4. Morgan, T., Chapel-st, Islington, provision merchant. Oct. 4. PERKINS, H. L., Abchurch-la. Oct. 3. PRIESTMAN, ANDREW DIMSDALE, late Clement's-inn, Strand, managing
director of Priestman, Campbell, and Co. Limited. Oct. 4. REED. LEONARD (late trading as the International Motor Mart), Seymour
st. Euston-rd. Oct. 4. REYNER, WILLIAM, late Redcar, pianoforte dealer. Oct. 4. WISE. A. J., Stamford Brook-mansions, Goldhawk-rd, Shepherd's Bush,
late hospital secretary. Oct. 2.
To surrender at their respective District Court3. BINTCLIFFE, ARTHUR, Elland, farmer. Ct. Halifax. Oct. 3. BOWMAN, Philip, Ipswich, tailor. Ct. Ipswich. Oct. 2. ('OBB, JOHN WILLIAM. Netherfield, grocer. Ct. Nottingham, Oct. 2 ('Urzon, WILLIAM JOHN, Nottingham, estate agent's clerk. Ct. Notting.
ham. Oct. 4. ('ALVERT, STANLEY, late Cottingham, clerk. Ct. Kingston-upon-Hull.
Oct. 4. C'OOPER, GEORGE, Oulton Broad, shoemaker. Ct. Great Yarmouth.
Oct. 4. CANHAM, WALTER JOHN (also trading as the Farmers' Supply Association), Couch, Evan, Cardiff, baker. Ct. Cardiff. Oct. 2. DAVIES. WILLIAM. Newbridge, grocer. Ct. Wrexham and Llangollen.
GAZETTE, Oct. 6. BRINKLEY, EDWARD GRAVES (described in the receiving order as E.
Brinkley), late Victoria-sq. Ct. High Court. Oct. 2. BINTCLIFFE, AETHUP, Elland, farmer. Ct. Halifax. Oct. 3. BOWMAN, PHILIP, Ipswich, tailor. Ct. Ipswich. Oct. 2. Coris, Jose, Leadenhall-st, salt merchant. Ct. High Court. Oct. 2. COBB. JOHN WILLIAM, Netherfield, grocer. Ct. Nottinghamn Oct. 1 Curzon, WILLIAM JOAN, Nottingham, estate agent's clerk. Ct. Notting.
ham. Oct. 4 CALVERT. STANLEY. lato Cottingham, clerk. Ct. Kingston-upon-Hull.
WILSON, ARTHUR, and BROWN, JAMES ARTHUR (trading as Wilson, Brown
and Co.), Leeds, cloth merchants. Ct. Leeds. Oct. 6. WATTS, WILLIAM HENRY, and WATTS, GEORGE SEAVIOUR (trading as G.
Watts and Sons), Bournemouth, nurserymen. Ct. Poole. Oct. 6. WILKINS, John EDWIN POPE, Wells, confectioner. Ct. Wells. Oct. 5.
Amended notice substituted for that published in Gazette, Oct. 6. HOUGHTON, ARTHUR VILLIERS, Northwood. Ct. St. Albans. Oct. 4.
COOPER, GEORGE, Oulton Broad, shoemaker. Ct. Great Yarmouth.
Oct. 4. CANHAW, WALTER JOHN (also trading as the Farmers' Supply Association),
Ipswich, meat salesman. Ct. Ipswich. Oct. 4. Couch, Evan, Cardiff, baker. Çt. Cardiff. Oct. 2. De EvinoFF, Count J., Aldwych, Strand. Ct. High Court. Oct. 2. DAVIES, WILLIAM, Newbridge, grocer. Ct. Wrexham and Llangollen.
Oct. 2. DOLPHIN, THOMAS, Ribchester, quarry master. Ct. Preston. Oct. 3. EMMETT, RICHARD, City-rd, builder. Ct. High Court. Sept. 27. Evans, HENRY, Porth, collier. Ct. Pontypridd, Ystradyfodwg, and Porth.
Oct. 4. ELT, STANLEY FREDERICK, Porthcawl, commercial traveller. Ct. Cardiff.
Oct. 2. EVANS, DANIEL, Cacrau, coal miner. Ct. Cardiff. Oct. 2. EVANS ANNE, Carmarthen, licensed victualler, widow. Ct. Carmarthen.
Oct. 3. EDWARDS, HERBERT James, Penygroes, licensed victualler. Ct. Bangor.
Oct 3. GROCOCK, EDWARD, Kingston-upon-Hull, plumber. Ct. Kingston-upon
Hull. Oct. 4. GRIFFITHS. HENRY, Eardley-cres, Earl's Court, grocer. Ct. High Court.
Sept. 27. Hill, GEORGE Lewis (described in the receiving order as George Hill),
Leadenhall-st, engineer's store merchant. Ct. High Court. Sept. 27. HOOPER, FRED ALBERT, Westminster Bridge-rd, publican. Ct. High Court.
Sept. 30. HOUGHTON, ARTHUR V., Northwood. Ct. St. Albans. Oct. 4. HADLEY, WALTER GEORGE, Leigh Sinton, baker. Ct. Worcester. Oct. 2. ISRAEL, JOSEPH, Bow-rd, fish salesman. Ct. High Court. Sept. 30. JACKSON, FKED, Brough, farmer. Ct. Kendal. Oct. 2. JAMES, JOHN, Cullompton, farmer. Ct. Exeter Oct. 4. KER-SEYMER, V., late Dover-st, Westminster. Ct. High Court. Oct. 4. KNOWLES, Harry, Hyde, grocer. Ct. Ashton-under-Lyne. Oct. 3. LEVY, LEOPOLD SIGISMUND (described in the receiving order and trading
as L. S. Levy and Co.), Abchurch-la. Ct. High Court. Oct. 4. MAN WARING, WILLIAM. Salford, tobacconist. Ct. Salford. Oct. 4. MACKINTOSH, JAMES Waugh, Winchmore Hill,“ builder. Ct. Edmonton.
Oct. 3. MOTT, WILLIAM FREDERICK, Chelmsford. Ct. Chelmsford. Sept. 30. MORRIS, THOMAS, Bolton, coal merchant. Ct. Bolton. Oct. 3. PRCBYN, DIGhmon GORDON, Harley-grdns, The Boltons, South Kensington,
late captain Royal Artillery. Ct. High Court. Oct. 4. PITT, HENRY JOHN, Bedwas, boot factor. Ct. Newport, Mon. Oct. 4. POLLARD, HENRY (late trading as E. Pollard), late Kibworth Beauchamp,
general draper. Ct. Leicester. Oct. 3. ROBINSON, GEORGE, Birmingham, builder. Ct. Birmingham. Oct. 4. Root, BERTRAM, Sutton, oilman. Ct. Croydon. Oct. 2. SUTTON, ABRAHÁM (commonly known as Alfred Sutton), Trump-st, manu
facturer g agent. Ct. High Court. Sept. 30. SxITH, ELWOOD (trading as F. S. Smith and Son), Manchester, painter.
Ct. Salford. Oct. 4.
Sheffield. Oct. 3.
3. Thomas, DavID ALFRED, Ferndale, insurance agent. Ct. Pontypridd,
, and Porth. 4 TAYLOR, FRANCIS JOHN DAVID, Sible Hedingham, carter. Ct. Colchester.
Oct. 4. Tait, J., late Thornton Heath, baker. Ct. Croydon. Oct. 2. Taylor, ARTHUR EDwin, and HUNTER, ALBERT, Thirsk, ironfounders. Ct.
Northallerton. Oct. 4. VINCE, GEORGE Thomas, Lymington, cycle agent. Ct. Southampton.
Oct. 4. WOOLER, HARRY KNOWLES, Liscard, late commercial traveller. Ct.
Birkenhead. Oct. 2. WHEELWRIGHT, ALBERT, Birmingham, fruiterer. Ct. Birmingham. Oct. 3. YOUNG, WILLIAM, oil importer. Ct. High Court. Oct. 3.
MARRIAGES. BEAZLEY-VEASEY.-On the 30th ult., at Baldock, Herts, Hugh Loveday
Beazley, of the Inner Temple, Barrister-at-law, to Beatrice Constance,
only daughter of Charles James Veasey, of Baldock, Herts COULTER-COLES.-On the 5th inst., at St. James's Church, Sussex-grdns,
W.. George Gerald Coulter, of the Middle Temple, to Edith Kyle Coles, only child of the late Surgeon-Major William Carey Co.ca,
M.D., M.R.C.P., Boinbay Medical Staff. SOUTHERN-MacDowell.-On the 4th inst., at Kingston Vale Church,
Guy Southern, of Burnley, Solicitor, to Etta, daughter of the aie Rev. Henry MacDowell, of Donoughmore Manse, co. Down.
DEATHS. CLARKE.-On the 3rd inst., at Lewens, Wimborne, Lorina Alice, wife of
Edward Lionel Clarke, Master of the Supreme Court, Chancery
Division, HORNE.—On the 5th inst., at Sandal, Wakefield, William Francis Lovil!
Horne, B.A., Solicitor, aged 64. PECKCVER.-On the 4th inst., at his residence, Beechwood, Bramley, near
Leeds, in his fiftieth year (of pneumonia), Stephen Peckover,
Solicitor, Leeds. RANDALL.-On the 1st inst., at 81, Oakwood-ct, Addison-rd, Thomas
Randall, Solicitor (retired), formerly of Melbourne and Ballarat, in his eighty-fourth year.
GAZETTE, OCT. 10. BURNELL, GEORGE, Paignton, builder. Ct. Plymouth. Oct. 4. Bailey, ARTHUR Evans, Alfreton, joiner. Ct. Derby and Long Eaton.
Oct. 6. BRACE. WILLIAM John, Dalston-la, Dalston, builder. Ct. High Court.
Oct. 5. CAREY. NELLY (late Nelly Rance, widow), St. Leonards-on-Sea, licensed
victualler. Ct. Hastings. Oct. 7. Ellis. MARTHA, and EllIS, SAMUEL STANWORTH (trading as the South
Yorkshire Coal Supply Company), Doncaster, coal merchants. Ct.
Sheffield. Oct. 6. HELLINGS, EDWARD, and HELLINGS, ARTHUR EDWARD SOMERVILLE (trading
as Edward Hellings and Co.), Nicholas-la, bill brokers. Ct. High
Court. Oct. 6. HICKMAN, WILLIAM John. Walsall, bridle cutter. Ct. Walsall. Oct. 4. HIGGINBOTTOM, JOSEPH BROOME, Heaton Mersey, shipping clerk. Ct.
Stockport. Oct. 6. HUTCHINSON, HENRY. late New Sawley, grocer. Ct. Nottingham. Oct. 5. HOMER, FREDERIC CHARLES (late trading as F. C. Homer and Sons),
Stockton Brook, builder. ('t. Hanley. Oct. 6. HUGHES, ALBERT, Llandilo, florist. Ct. Carmarthen. Oct. 7. KAISER, ARTHUR, Richmond, jeweller. Ct. Northallerton. Oct. 5. KEMP, JAMES, Cromer, lodging-house keeper. Ct. Norwich. Oct. 5. LESMAN. Harris, Liverpool, cabinet maker's manager. Ct. Liverpool.
Oct. 6. MULGRAVE, SUSAN ELIZABETH (known as Elizabeth Mulgrave), Southport,
widow Ct. Liverpool. Oct. 5. MUNDAY, CHARLES ROBERT. Bethersden, hairdresser. Ct. Canterbury.
Oct. 7. MORGAN, TIMOTHY, Chapel-st. Islington, provision merchant. Ct. High
Court. Oct. 6. PARKIN, BENJAMIN King, Leadenhall-st, engineer. Ct. High Court.
Oct. 6. REDMAN, THOMAS HENRY, Yatton, printer. Ct. Bristol. Oct. 5. ROBERTS, LLEWELYN, Llanllyini, baker. Ct. Aberystwyth. Oct. 7. RUTLIDGE, CHARLES, late St. Swithin's-la. Ct. High Court. Oct. 5. SANSOM, FREDERIC SAMUEL, Willenhall, baker, Ct. Wolverhampton.
Oct. 6. SNOW, FRANCIS, Okehampton, dealer in poultry. Ct. Plymouth. Oct. 6. Scott, Thomas William, Dunstable, provision dealer. Ct. Luton. Oct. 7. SLATER, CHRISTOPHER, New Cleethorpes, skipper of a steam trawler. Ct.
Great Grimsby. Oct. 4. Sowdex. REUBEN, Barnsley, auctioneer. Ct. Barnsley. Oct. 5. THOMPSOX, LIEUT. W. H. HALFORD, late Bristol. Ct. High Court. Oct. 5. TAYLOR, ('HARLES, Congleton, dairyman. Ct. Macclesfield. Oct. 6. TOULSON, HARRY, Bradford, fancy yarn spinner. Ct. Bradford. Oct. 7. Willis, EDWARD ALBERT, Oxford-st, music publisher. Ct. High Court.
BUTTERWORTH & CO.,
10, 11, & 12, BELL YARD, TEMPLE BAR,
YEARLY WORKMEN'S COMPENSATION SERIES
PROBATE, DIVORCE, AND ADMI
In the Goods of MARIA SABINA BHIP COMPANY.-Ship-Charter
COOPER; CURTIS AND OTHERS. party-Arbitration clause-Bill of BEANEY AND OTHERS. -Probatelading-Incorporation
257 Discovery- Production of documents-Affidavit .........
GENERAL FOR THE PROVINCE OF
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TO READERS AND CORRESPONDENTS... 547 Law of Canada - barter of city of
LEADING ARTICLES. -Topics of the Montreal, sect. 338- Construction
Week-Refusal to Register Trans. Expenditure of money not pre
fers of Shares
517 viously voted
549 ERTA GAS COMPANY 0. CORPORA
COMMENTS ON CASES......
550 TION OF PRBTH.-Gasworks-Pur.
551 chase by corporation-Value of
551 statutory powers and privileges
NOTES FRECUT DECISIONS AOT and profits.......
552 SUPREME COURT OF JUDICATURE. LAW LIBRARY
554 COURT OF APPEAL.
PARLIAMENTARY SUMMARY. - Topics 3:4 CAROLAN v. HARRINGTON AND Son.
ECCLESIANTICAL LAW, -The Law · Employer and workman
A ff cting Music in Churches
554 Accident-Compensation, Death ... 271 CRIMINAL LAW AND THE JURISDIORe T. COOPFR.- Bapki uptry-Bank
TION OF MAGISTRATES. - Borough ruptcy notice - Validity-Judgment Quarter Sessions
........ 555 debt and inte est....
PROMOTIONS AND APPOINTMENTS..... 555 COBY BROTHERS LIMITED T. HOG8F8. CNTY COURTS - Sittings of the · Employer and workman
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556 ment-Review-Termit ation
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557 sent by third party for smaller GENERAL INTELLIGENCE. - Companies amount in full settlement of debt ... 277
in 1910: Report by the Solicitur tu SWTI V. MARTIN AND THE MAYOR, the Board of Trade-International &c, OF KINGSTON UPON-HULL.
Maritime Law Congress
- The Education Provided school
Omce of Lord High Steward- The Injury to child.
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Lawyer in Puitics-Appointments Dumages deper ding on chances
u der the Joint Stock Wiading-up Right to recover
Acts - Creditor under Estates in
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557 DALE ». Pow. LL; POWELL 0. DALE NOTOS AND QUERIEB..
563 AND BOOD. - Partoership-- Joint LAW SOCIETIER. Medico Legal and several liability of partners Society-Legal Musical Societsfor instalments of a debt 291 Upited Law Society
564 Re WILLIS; SPENCEP 0. WILLIS. - LAW S UDENTS' JOURNAL.-London
Will - Constuction - Derise of University - University College :
565 COPESTAKE v. WEST SUNSEX COUNTY
LIGAL OBITUARY. Mr.
John COUNCIL Highway Local Malcolm Forbes Ludlow-Mr.J. W. authority-Vocant land adjoining
Mel or, K.O, – Mr. E. H. Pickersg 11 inclosure-Public right of way ......
238 - Mr. Leonerd New-Yr. James Re TEWKESBURY GAS COMPANY
566 LIMITED : TYSOET. THE COMPANY Ils UOUITS AND COURT PAPRA8.-Company- Denenture-Covenant High Court of Justice: King's to repay "on and atter the lst Ja.
Bonch Division: Rɔta of Judges. 1898 "-Liability to repay .........
800 Micbaelmas Sitting-, 1911-Circuit Re HAMMOND (deceased); BURNINTUN of Judges: Autumn Assizes - Rota 1. WHITE AND ANOTHER - WU
566 Presumption of death- Remarriage TAR GAZETTES..
567 of presumptive widow
302 BikTUN, MARRIAGES, AND DEATHS 568
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and must be accompanied by a remittance. Post-Omco Orders payable to HOBAOS Cox,
VO. CXXXI -No. 3577.
VAGUE and ex parte statements are generally dangerous, especially so when made by judges, and we are quite at a loss to understand the remarks reported to have been made by Judge Rentout at the Old Bailey this week. He said " that there were rumours persistently flying about with regard to certain solicitors carrying on practices of a very degrading kind, and, if he might venture to say so, he did not think the Law Society investigated nearly so many cases as for their own honour and the honour of the Profession they ought.” Observations of this kind do no good whatever, and merely cast a slur on the Profession and the Law Society in the eyes of the public without any justification. If the learned judge has knowledge of practices of this kind, it is his bounden duty to lay the particulars before the Law Society, who, we know, would at once investigate the facts and act promptly. If the learned judge has no knowledge of such cases, we say without any hesitation that such a statement as that to which we have referred ought never to have been made.
No little amount of surprise has been caused by the fact that, although six of the King's Bench judges were not occupied with their judicial duties either in London or on circuit, not a single court for dealing with cases entered in
the short cause list sat on Saturday last, while no less than thirty-four of these matters awaited hearing. Of course there may be some good explanation for this absence on the third effective day of term, after the close of the Long Vacation; but at the same time it would add greatly to the convenience both of litigants and the Profession if it were known whether Saturday sittings were to be the rule or the exception. Under the resolution of the judges, part-heard jury cases are now continued on Saturday mornings, and, if the sittings at that time are desired to be effective, steps should be taken to ensure that courts may be formed in sufficient numbers to deal as far as possible with all the short causes then entered for hearing.
APPEALS carried to the Court of Appeal in England show no sign of diminution, and amounted in 1910 to 136, being one in excess of the figure for 1909 and twenty-four more than in 1908. There were nine appeals from the Court of Appeal to the House of Lords, as compared with two in 1909, the workman being the appellant in seven cases, five of which were successful. As we have stated before, the figures we have given above clearly show that the great majority of claims are settled by agreement, and that only a small proportion are the subject of litigation in the courts. Tbe greatest number of arbitrations under the Workmen's Com. pensation Acts was at Liverpool (namely, 363), Bow following with a total of 235. Under the Employers' Liability Act nearly half the number of the whole of the cases under that statute were in the metropolis, and there were only nine courts throughout Eogland and Wales in which there were no cases under either of the statutes.
AFTER some considerable delay, the vacancy created on Circuit No. 47 by the death of Judge Willis has been filled by the transference of His Honour Judge GRANGER from Circuit No. 59, and, although this is a distinct loss to litigants in Cornwall, litigants in the metropolis will have the advantage of having in their new judge one of proved merit. At the time of going to press, no official announcement has been made as to the appointment of a new County Court judge, and the work for a considerable period has been carried on by deputies. As we have stated before, the public are undoubtedly indebted to Lord LOREBURN for the careful way in wbich he has made his selections for promotion to the Bench, but we must say that with regard to the County Courts a little more expedition in filling vacancies is desirable.
THE statistics under the Workmen's Compensation Acts and the Employers' Liability Act for the year 1910, to which we referred shortly last week, show that in the seven great industries of this country--mines, quarries, railways, factories, docks, constructional work, and shipping—the gross total of compensation paid was £2,700,325, and represented 3510 cases of death and 378,340 cases of disablement, the compensation paid exceeding the figure for the previous year by £426,000.
REFUSAL TO REGISTER TRANSFERS OF SHARES. If unre:tricted by the articles of association of a company, the right of a shareholder to transfer the shares held by him therein is an absolute one. It is in berent in him in his capaoity of a holder of the shared. The exercise of the freo right of disposition by the sbarebolder cappot be controlled. But as it is almost invariably deemed advisable that such absolute right shall be restricted, all well. drawn articles of association contain a clause empowering the directors of the company to reject a transferee of whom they do not approve and refuse to register a transfer to bim of shares not fully paid or on which the company has a lien. The clauso oustomarily adopted is now embodied in ola use 20 of Table A_in the first schedule to the Companies (Consolidation) Act 1908 (8 Edw. 7, c. 69), which itself is an adaptation and extension of clause 10 of old Table A appended to the Companies Act 1862 (25 & 26 Vict. c. 89). Clause 20 is as follows : “The directors may deoline to register any transfer of shares, not being fully-paid shares, to a person of whom they do not Approve, and may also decline to register any transfer of shares on whiob the company has a lion.
The objeot of the olause is mainly to prevent a man of straw from being allowed to be put forward as a transferee io respect of partly. paid shares. For directors havo do discretionary power, indepen. dently of that expressly conferred upon them by the artioles of association of their company, to refuse to register & transfer which has been bona fide made, even though the company is at the time in diffioulties and the sbaros bave been sold by the transferor in order to get rid of bis responsibility. This appears from what was laid down as far back as in the year 1868 in Re Smith, Knight, and Co.; Weston's case (19 L. T. Rep. 337; L. Rep. 4 Ch. App. 20). See, further, _hereon Ře Cawley and Co. (61 L T. Rep. 601; 42 Ch. Div. 209). That that view of the law is still correct at the present day is mado evident by what was recently said by Lord Justico Buokley in delivering the written judgment of the Court of Appeal io Re Discoverers Finance Corporation Limited ; Lindlar': 0486 (102 L. T. Rep. 150 ; (1910) I Cb. 207. 312). The court accepted in their entirety the observations in Weston's case (ubi sup.), and formulated this important proposition : lo the absence of restrictions in the artioles of association of a company, a shareholder therein has, by virtue of seot. 22 of the Companies Act 1862 -reproduced by sect. 22 of the Companies (Consolidation) Act 1908 --the right, potwithstanding that the company is in extremis, to com pel registration of a transfer of bis partly-paid sbaros to a transferee, even though he be a map of straw not competent to pay the unpaid liability npon the shares, and the transfer be avowedly exeouted for the exprose purpose of relieving the transferor of such liability.
The comprehensive nature of that proposition is, however, to a large extent ourta iled by tbis pro viso, wbiob is based upon the decision is Re Mexican and South American Company; Ex parte De Pass (4 De G. & J. 544) : The transaction must be a bonâ fide one in the sense that it is an out-and-out dis position of the shares without retaining any beneficial interest therein, direct or jodireot, the transferor bona fide divestiog bimself of both the benefit god the burden. It it seen, therefore, that not only must no restriction be imposed by the articles of association of the company, but also that the shares must be abso. lately and bona fide parted with out-and-out, without any reservation whatever.
Such being the law, it was only to be expected that a clause of the kind to which we have referred should for very many years bave been inserted, with but rare exceptions, in articles of association. That bas almost universally been recognised in this country as the proper course to pursue. And the mere fact that the clause is now contained in Table A suffices to give it all the authority that is roquired. It is warranted by its appearance tbero. But, strange as it may seem, the question of the validity of such a ola use was raised in Ireland as recently as seven years ago jo Attorney General . Jameson (1904, 2 Ir. Rep. 644). It was, however, held by Justices Boyd and Kenny (Chief Baron Palles expressiog no opinion on the point) that the clause was not invalid, either as infringing the rule
NATURALLY a large number of the cases under the Act are settled out of court, but, during 1910, 4848 cases under the Workmen's Compensation Act were actually dealt with by County Court judges and arbitrators. Of these, 4550 were decided by the judges, and 210 were settled by acceptance of money paid into court; and, in addition, 1818 cases were disposed of in such a way as not to enable the officials of the court to state definitely the results. Thus the total cases taken into court upder the Act of 1906 was 6666, as compared with 6188 in 1909 apd 5358 in 1908. Memoranda registered in County Courts during 1910 numbered 20,754 uoder the Act of 1906 and 347 under the earlier Acts, the figures for the preceding year being 18,197 and 566 respectively. In 371 cases the registrar refused to record the memorandum and referred the matter to the judge, and in five cases the judge after the memorandum had been recorded ordered it to be removed from the record on the ground that it bad been obtained by improper means. Another large diminution must be recorded of cases brought under the Employers' Liability Act. But 162 cases were brought under that statute in 1910, as against 204 in 1909 and 688 in 1897, and in fourteen of these 162 cases the question of compensation was actually determined under the Workmen's Compensation Act. The average amount of damages in case of death awarded by County Courts was in the one case under the Employers' Liability Act £250, and in the 1134 cases under the Workmen's Compensation Acis £168 13s. 8d. The average amount of solicitors' costs was £26 178. 11d. under the former statute and £11 7s. 60. under the later Acts.
against perpetuities or as being repognant to the right of alienation in horent in absolute ownership.
Not withstanding that the power to refuse to registor a transfer exists, there is always a possibility that the transferor may succeed in hoodwinking the directors. To meet such an eventuality, a further proposition is deduoible from the judgment in Lindlar's case (ubi sup.). Despite the existedoe of the ir power of refugal, the clause conferring it may not be taken advanta go of by directors simply because there bas bien something in the nature of suggestio falsi or suppressio veri on the part of the transferor seeking registration of a transfer of his partly-paid shares. Io soob & case, the transferor cannot escape liability if he has actively by fa lgehood, or passively by concealment, induced the directors to page and register a transfer (even though it be an out and out transfer) which, if he had not 80 deceived or concealed, they would have refused to register; or if by collusion with the dirootors he has prooured them, in breach of their duty, to pass & transfer which they ought not to have passed ; or if he (being in a position so to do) has procured the postponement of the commencement of the winding-up of the company in order to get time to execute and tender such a transfer for registration. The result of procariog the postponement of the commencement of the winding.up of the company might also enable the transferor, as a past member of it, to elude the provisions of sect. 123 of the Act of 1908. The importance of the last part of this proposition is, therefore, manifest.
Although the clause in question may have its place in artioles of 8880 cia tion, directors podse88 do power to put it into operation in an uprestrained and despotic fashion. That is established beyond all doubt by many old authorities. So long as directors act fairly and properly, the court bas no jurisdiction to interfere with their discretionary power to refuse to register a transfer of shares, where such power is expressly conferred by the articles of association of their company. But it is well settled that the power to refuse must not be arbitrarily exercised (Blee v. International Bank, 17 L. T. Rep. 425); that directors are bound to exercise their disoretion in a reasonable maoper (Robinson v. Chartered Mercantile Bank of India, London, and China, 35 Beav. 79); and in good faith and in tbe interests of the pompany : (Re Bell Brothers Limited ; Ex parte Hodgson, 65 L. T. Rep. 245). At the same time, they are not bound to give their reasons for refusing. They are presumed to be acting reasonably : (Re Gresham Life Assurance Society ; Ex parte Penney, 28 L. T. Rep. 150 ; L. Rep. 8 Ch. App. 446; Re Coalport China Company (John Rose and Co) Limited, 73 L. T. Rep. 46; (1895) 2 Ch. 404). And if it is objected that they have exercised their power capriciously or wantonly, it must be alleg.d and proved : (Re Gresham Life Assurance Society ; Ex parte Penny, ubi sup.). The decision of the Court of Appeal in Re Hannan's King (Browning) Gold Mining Company Limited (14 Times L. Rep. 314) shows that, where directors refuse to register a transfer of shares, the onus is on the sbare bolder who seeks, upon that ground, to obtain rectification of the register to satisfy the court that there was no just cause for such refusal.
Turning to some of the other modern decisions on this subject, it is Been that the rights of sbarebolders in enforcing their inberent power to transfer their shares, and of directors in exercising their acquired power-if any such has been bestowed upon them—to refuse to register transfers, have, from time to time, been further expounded. Thus, the position of a transferee to whom registration of a transfer bas been refused appears from the Scotch case of Stevenson v. Wilson (1907, S. C. 445). The decision of the Court of Session in that case, although not binding on the courts of this country, would probably be approved and acted upon under viroumstances similar to those that there existed and as set forth in the report of the case to wbioh the reader is referred : A. sold to B. certa n sba:es in
& company, but the directors refused to register the transfer or to pay B. the divideods. The court decided that B. had the sole beneficial right, title, and interest in the sbares and dividends thereon ; that the shares were held by A. and bis heirs, representatives, and successors in trust for B. so long as A.'s name should remain on the register in respect of the shares and B. continued to hold the beneficial interest therein ; and that decree should be granted ordaiping, A. from time to time to make payment to B. of all accruing on the ebares.
So also the discretionary power poggenged by directors not allowed to be challenged in the Irish case of Re Dublin North City Milling Company (1909, 1 Ir. Rep. 179), where the proposed transferee was already a sbare bolder. That circumstance, however, did not, in the opinion of the Master of the Rolls in Ireland, entitle the proposed transferee to have the transfer registered as a matter of oourse.
But it was held to be discretionary with the directors to register the transfer to him or not; and, in the absence of evidenoe that the directors had acted mala fide, their refusal to register could not be questioned. It is noticeable that in this case the element of mala fides came under consideration, the view being that there must not be any undue bias,
But while the discretion of the directors will be left in violate in any case in whioh its bonâ fide exercise is the reason for the refusal to register, it is evident from the decision of Mr. Justice Eve in Grundy v. Briggs (101 L T. Rep. 901; (1910) 1 Ch. 444) that there is some limit to the grounds for such refusal. For the learned judge there held that directors were not justified in refusing to register a transfer of shares on the assumption that it would be a breach of trust. Their proper course, bis Lordship said, was to give notice to the person objecting to the transfer that, unless he took legal proceedings within a limited time to prevent the registration, tho sa me would be proceeded with. Similarly, bankruptoy of a proposed transfere is no ground for refu.ing to register a transfer of shares to him, according to the decision of Lord
Justice (then Mr. Justice) Buckley_in_Sutton v. English and colonial Produce Company Limited (87 L. T. Rep. 438; (1902) 2 Ch. 502).
Among other grounds warranting & refusal to register is an io sufficient stamp on a transfer, as in Maynard v. Consolidated Kent Collieries Corporation Limited (88 L. T. Rep. 676; (1903) 2 K. B. 121). And reference may inoidentally be made to Re Vagliano Anthracite Collieries Limited (103 L T. Rep. 211), where Mr. Justice Joyce laid it down that directors were not bound to enter the name of a partner. sbip firm on the register of members. Again, the refusal of the directors was not interfered with in Chida Mines Limited v. Anderson (22 Times L Rep. 27), albeit the secretary of the company had not foreseen it. The facts of that case were oertainly rather peculiar. But there can be little doubt tbat the decision of Mr. Justice Walton thereon was perfeotly right. The officiousness of the secretary in entering the name of the transferee on the register without waiting for the directors' sanotion gave rise to the question that required determination.
Although the direotors of a company may be authorised to refuse, in their discretion, to register a transfer of sbares, no obstacle may be placed in the way of the transferee by the transferor. If authority for guoba manifestly reasonable stipulation be wanted, it is afforded by the decision of the Court of Appeal in Hooper v. Herts (94 L. T. Rep. 324 ; (1906) 1 Ch. 549). It was held in that case that a person whoezeoutes à transfer of sbares thereby comes under au implied obligation not to binder the transferee from obtainining registration ; and that this applies to a case where the transfer is originally made in blank by the traneferor and subsequently filled in by a bona fide holder for value, in whose favour it is binding by estoppel against the transferor. The dictum on this point of Lord E-her, M.R. in London Foundırs' Association and Palmer Limited v. Clarke (59 L. T. Rep. 93 ; 20 Q B. Div. 576, at p. 582) was followed and applied. All the same, the decision in lieland v. Hart (86 L. T. Rep. 385; (1902) 1 Ch. 522) shows that direotors are not bound to register a transfer at tbe next meeting after it has been banded in, when it bas come to their know. ledge that the transferor objects to the registration, although the transfer is in order, and nothing further is required to be done on the part of the transferee.
Apart from a mere refugal to register, registration may become a matter of difficulty because there is no one to perform the necessary aot. Tbis was 80 in Re L. L. Syndicate Limited (17 Times L. Rep. 711), where all the directors and the secretary of a company bad resigned. But Mr. Justice Kekewish surmounted the difficulty by ordering the company to rectify the register by the removal therefrom of the name of the transferor and the insertion therein of the name of the troosferee.
Unreasonable delay in registering a transfer of shares prior to a company going into voluntary liquidation was held by the Court of Appeal in Re Sussex Brick Company Limited (90 L. T. Rep. 426 ; (1904) 1 Ch. 598) to justify the court in rectifying the register after the liquidation. But in Re Violet Consolidated Gold Mining Company Limited (80 L. T. Rep. 684), Mr. Justice Kekowioh decided ibat the mere granting of an interlocutory injunction to restrain a company from acting upon a confirmatory resolution for its voluntary liquida. tion on the ground of the alleged jo validity of the resolution did not optitle a transferee of sbares under transfers executed b. fore the date of such resolution to insist on the registration. Lastly, reference may be useful to the decision of the Scotch Court of Seasion in M Arthur Limited v. Gult Line (1909, S. C. 732) that the right of a transferee to be put on tbe register is not affected by a resolation to wind-up the company paseed subsequent to the date of the transfer.
THE Revision Courts in Ireland concluded their work last week, and the two parties since that time have been calculating their losses and gains. So far as is known, there will be very few registration appeals this year for the Court of Appeal-at the most there may be eight or ten. Last year there were twenty-eight appeals. A case is being stated in Belfast as to the right of shop assistants who · live in " to the household franchise. The revising barrister held that the assistants in question had not such exclusive control of their rooms and such right of ingress and egress as entitled them to the franchise. A curious phenomenon is said to have taken place in North Tyrone, where the revision has made no change and the parties stand exactly where they did before it took place.
ACCORDING to the Civil Judicial Statistics for 1910, Chancery business in Ireland, which has been increasing for a number of years, has begun to show a falling off. For instance, the number of orders made in court was only 798 against 866 in 1909. However, this result is to some extent accounted for by the fact that a considerable amount of Chancery business was assigned during the year to Mr. Justice Ross, who heard eighteen actions and made twenty-five orders in interlocutory matters. Proceedings in chambers remain much as they were, for, while the number of originating summonses shows a slight increase, the number of other summonses shows a corresponding decrease. The business in the Land Judge's Court (owing to the operations of the Land Purchase Acts) has been diminishing during the last twenty years, and eventually that court will be abolished. Only twenty-six new petitions were filed during the year. Mr. Justice Ross' time, however, is fully occupied as, in addition to his own work, he