POWLESLAND, GEORGE, dealer in seeds, Meeth, Devonshire, April 25, at one, May 21, at eleven, Exeter. Com. Bere. Off. as. Hirtzell. Sols. Burd, Okehampton; Terrell, St. Martin's-lane, Exeter. Petition, April 1. PRANGLEY, WILLIAM, music seller, Rollestone-st. New Sarum, Wiltshire, April 28 and May 23, Basinghall-st. Com. Fonblanque. Off. as. Stansfeld. Sols. Edwards and Radcliffe, 8, Delahay-st. Westminster, and Radcliffe, Salisbury. Petition, April 3. ROBSON, GEORGE, jun. horse dealer and farmer, Osbaldwick, Yorkshire, May 2 and 22, at eleven, Leeds. Com. West. Off. as. Freeman. Sols. Singleton, York; and Harle and Clarke, Leeds. Petition, March 24. WHALLEY, RICHARD, mercer and draper, Accrington, Lan-4UARANTEE AND COLLECTION OF RENTS AND cashire, May 3 and 16, at eleven, Manchester. Off. as. Lee. Sol. Blair, King-st. Manchester. Petition, April 7.

Atkinson, J. tavern keeper, first, 3s. 4d. Baker, Newcastle.-Bates, J. sharebroker, first, 5d. Hope, Leeds.-Full particulars of the advantages of Assurance of Harris, W. F. warehouseman, first, 1s. 6d. Stansfeld, Property, and the plans and terms, are contained in the London. Kyrke, J. lime burner, first, 3s. Morgan, Liverpool.-Lewis, R. woollen manufacturer, further, 3d. Hut-prospectuses, which may be had at the office, or from any ton, Bristol.-O'Neil, C.picture dealer, first, 61d. Stansfeld, London.-Robinson, J. bookseller, first, 1s. 3d. Stansfeld, London.-Robinson, M.D.confectioner, first, 3s. 11d. Christie, Birmingham.-Round, E. and W. timber merchants, first sep. of E. Round, 17s.; and first joint, 4s. Whitmore, Birmingham.-Rowlatt, R. victualler, first, 02d. Stansfeld, London. Stolle and Hodgson, vinegar makers, first, 3s. 7 d. Groom, London.-Tebbitt, B. draper, first, 3s. 9d. Stansfeld, London.-Trego, W. builder, first, 2s. Edwards, London.-Upton, R. grocer, 1s. 3d. Hernaman, Exeter. -Veals, C. baker and maltster, 1s. 7d. Hernaman,

Trust. C. M. Bridgend Johnson, gent. Waterloo-place, Limehouse. Sol. C. Bedford M'Duff, Castle-st. Holborn.-Selby, J. carpenter, Balder- Ditto ton, Nottinghamshire, March 27. Trusts. W. Withers, Blandford gent. Balderton, and J, Bradley, ironmonger, NewarkBrackley upon-Trent. Sol. P. R. Falkner, Newark-upon-Trent.- Bridport Smith, J. corn merchant and farmer, Blyton Carr, Lincoln- Burnham shire, March 6. Trusts. R. Willows, farmer, East Stock- Bury St. Edmund's with, and J. Tongue, farmer, Blyton Carr. Robinson, Gainsborough.

CONTENTS.

NOTICES TO CORRESPONDENTS

LEADING ARTICLES

To Readers

The Lord Chancellor

Registration of Deeds

The County Courts Extension Bill
Law of Evidence

Sham Lawyers

LEGISLATOR

Business of Parliament
Debates

MAGISTRATE-Summary

JOINT-STOCK COMPANIES' LAW JOURNAL ..................
REAL PROPERTY LAWYER AND CONVEYANCER............

Page.

LAWYER-Summary

LEGAL INTELLIGENCE...

PROCEEDINGS OF LAW SOCIETIES

Law Students' Debating Society COURT PAPERS

29 29

30

30

30

31
33

35

35 35

tising Solicitor in London, one of the very tration; the others approve a registry, but 29 body which now congratulates him upon the object to Lord CAMPBELL'S scheme for a attainment of the highest honours of the pro- general registry, and insist upon the greater fession. His elevation is another proof, if advantages of a local registry. 29 any were wanting, that the separation of the These latter, for the most part, approve our 30 functions of Advocate and Attorney, to break proposition for making the office of the regisdown which we have lately seen so many trar of births the registry of deeds; and the attempts, is not, as it it has been falsely repre- more this plan is considered, the more prac30 sented, a barrier set up by the jealousy of one ticable will it appear. It combines the advan30 branch of the profession for the purpose of tages of economy and of accessibility. The unfairly excluding the other, but an arrange- objection usually preferred against local regis34 ment designed with great wisdom, and sanc- tries, the cost of so many offices and officers, is 34 tioned by the experience of all times and completely avoided by the employment of an 35 countries, for securing the most efficient ad- establishment already existing in every part of ministration of justice through two classes of the country purposely divided into districts of functionaries, who are not rivals, as represented, convenient size for access by all the inhabi35 but each necessary to the other, and both tants. In most cases, we believe, there is a 35 working together to their mutual benefit, as registrar's office which could serve the purpose well as to the advantage of their common of a registry of deeds for many years to come. clients. It is by the general exaltation of the Where there is not such a building, it may be whole Profession, resulting from a division of erected at a small cost. Search would be made functions, and the recognition of degrees, from with facility by the solicitor concerned in the the Silk Gownsman to the Attorney's clerk, that conveyance, and to whom alone could that such men as Lord TRURO or Sir E. SUGDEN most important duty be safely intrusted. are enabled to rise from any one of these Such a registry would impose no additional best, but the recommendations there are impossible. branches and attain the highest honours of cost upon clients, because the charge for We have received so many letters on the subject of Registra- the state. We trust that a system which works so searching the register would not be greater tion of Deeds, that we cannot find room for a twentieth well will not be lightly disturbed; and it is than that for comparing the abstract with the part of them. Those excluded must, therefore, understand that they arrived after all the space we could allot to the solely because we are profoundly convinced deeds. subject was occupied. Plausible as the plan of a general registry "JUSTITIA " is transferred to the County Courts Chronicle. that the Profession of the Law in England is "Z."-We think not. indebted to it for the loftier position may appear at the first view, it will not bear a "H. M. A."—The communication has been lost amid a mul-which it holds here than in any other moment's examination by a practical man who titude of papers. "JUPITER AMMON."-The language of the section is cer- country in the world, that we have knows what are the requirements of an inves

more, for the costs also.

TO SUBSCRIBERS.

tainly equivocal, but we have no doubt that the construction resisted, and shall continue steadily to re-tigation of title. It would not be safe to emput upon it would be that which our correspondent consist, all propositions, whencesoever proceed- ploy an agent unacquainted with the property; cludes, namely, that suing upon a judgment would be not to be suing again for the debt on which the judgment ing, for breaking down the barriers that sepa- and what would be the cost of journeys to was had; indeed, the judgment is usually for something rate the functions of the different classes, whe- London! The proposition is another instance ther it be, as in the County Courts Bill was of a phenomenon which we have had such proposed, to permit barristers to act with- frequent occasion to observe, the extraordiout the attorney, or the attorney to trespass nary ignorance which prevails among the inhaThe Subscription to the current volume is due, and should be paid in the course of the ensuing on the province of the barrister, or the clerk to bitants of London, of the wants, opinions, week, in order to obtain the advantages of pre-invade the functions of both; and we are feelings, and circumstances of the inhabitants assured, that by so doing we shall best con- of the provinces. Nowhere is this more result the true interests of our readers, by most markable than in our Profession; and projects effectually preserving the status of the whole for laws being usually framed by London profession. That in this we are not actuated lawyers, and London interests alone watching by any class feeling, we trust we have afforded their progress, and moulding them to their the best proof, in the success that has attended very recent endeavours materially to advance the welfare of our professional brethren in both branches.

payment.

SCALE OF CHARGES FOR ADVERTISEMENTS.
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For every additional Ten Words...... 0 0 6 Advertisements from the Country should be accompanied with an order upon the Agent in Town, or a Post-office order (payable at 180, Strand) for the amount.

Advertisements ordered for the first page are charged one-half more. If not so ordered, they will take the chance of position.

We cannot undertake to return rejected communications.
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No notice can be taken of anonymous communications.

Whatever is intended for insertion must be authenticated

THE LAW TIMES.

SATURDAY, APRIL 19, 1851.

TO READERS. NOTWITHSTANDING the full explantion given in the first number of this volume, it seems that many readers do not understand the alteration in the arrangement of the contents. It is therefore necessary to repeat that the reports are now separately paged, so that they may be arranged continuously in the bound volume, thus rendering them more convenient for reference and citation. Hence the double paging, which appears to occasion perplexity to some persons.

A portfolio constructed for keeping the divisions separate may be had at the office or through any bookseller.

THE LORD CHANCELLOR. AN address to Lord Chancellor TRURO from the Solicitors of the metropolis, and his Lordship's reply, will be found among the Legal Intelligence of the week.

The occasion is equally gratifying and creditable. Lord TRURO was for many years a prac

VOL. XVII. No. 420.

Lord TRURO's address indicates that the same spirit actuates him also, and that we may count upon his assistance in any reasonable endeayour to promote an advantage or to repel an invasion. To his lordship are the lawyers indebted for the rejection of the clause which was to put them and their clerks upon the same level, and of that which sought to compensate the Bar for the admission of attorneys as advocates by permitting barristers to act as attorneys. And no less are we indebted to his ready recognition of the claims which we preferred for a better remuneration of the profession in the County Courts.

It is also greatly to the credit of Lord TRURO that he never forgets the fact of his rise from a humbler sphere. In a speech in the House of Lords, a few days since, he openly spoke of the time when "I practised as a solicitor," and brought his experience in that capacity to bear upon the question under dis cussion. In the like tone he answered the solicitors who presented the address. This is true greatness.

REGISTRATION OF DEEDS.
WE are flooded with letters on this subject; a
whole number would not suffice to contain
them. Place is given to two or three of the
earliest that came to hand, but all the later
arrivals are necessarily omitted.

have read them, and, we hope, profited by
But although we are unable to print, we
them; and the substance of their arguments
will be presented in a more condensed shape.
the first, a small minority, object to any regis-
They consist of two classes of objectors:

own wishes, are is the true causes of the impracticable character of so many law reforms. If, instead of consulting only the Law Institution, which represents only the interests and views of London, Government and legislators would invite the aid of half a dozen experienced country solicitors, their measures would be vastly more practical. Our readers in the country would be indeed astonished could they peep behind the scenes and behold the influences that are brought to bear against any law reform of a diffusive character, and in which the provincial welfare is preferred to Town interests. Many a speech in the House of Lords is spoken from a brief prepared in Chancery-lane, nor need we go very far back to find a singular instance of it. The debate on the County Courts Extension Bill probably surprised our readers as much as it did the House of Lords; but the explanation is not difficult.

The

And so it will be with the Registration Bill, unless the country solicitors bestir themselves. A general registry is so manifestly to the interest of the Profession in London, that a strenuous resistance cannot be expected from that quarter. There may be a show of opposition, but it will neither be sincere nor vigorous, -enough to keep up appearances, but helping rather than endangering the scheme. the extension of an equity jurisdiction to the same influences that got up the opposition to County Courts, and to the giving of the appeals therefrom to the judges of assize, instead of the judges in banco, because thereby a great deal of the work would be done in the country will doubtless be openly arrayed against a without the necessity for sending it to London, local registry of deeds, and secretly enlisted in favour of a general registry. We tell the rely upon themselves alone. We have been country solicitors, that in this matter they must

THE LEGISLATOR.

Imperial Parliament.

PUBLIC BUSINESS TRANSACTED.

BILL READ A FIRST TIME.

Tuesday, April 15.

BILLS READ A SECOND TIME.
Friday, April 11.
Exchequer Bills (17,756,000l.)
Indemnity.

Monday, April 14.

Sale of Arsenic Regulation.

reproached often for asserting that the interests
of town and country are not the same; but
our assertion of it cannot alter the fact. Here
is an instance. The interests of town are with
a general registry, and of the provinces with
local registries. On a question of so much mo-
ment, it is impossible that interest should not
influence both opinion and action. Let, there- Coroners' Bill.
fore, the solicitors in the country fight their
own battle, under leaders of their own choos-
ing, and trust their cause to none whose in-
terests are palpably adverse to theirs. And, as
the first step, let them petition both Houses of
Parliament against a general, and in favour of
a local, registry; and they could not employ a
better form than that used by the Somerset
Attorneys' Club, which they will find in a com-
munication on this subject in another column.
Our readers may rely upon whatever assist-
ance we can render them in watching the pro-
gress, promoting the improvement, and appris-
ing them of the duties to be performed by
them in relation to, the measure now before the
House of Lords for the registration of

assurances.

BILLS READ A THIRD TIME AND PASSED.
Monday, April 14.

Expenses of Prosecutions.

PRIVATE BUSINESS TRANSACTED.
BILL READ A THIRD TIME AND PASSED.
Friday, April 11.
Angerstein's Branch Railway
Wiveliscombe Turnpike Road.
Bristol and Exeter Railway

without its being renewed, he thought advantage might be taken of the admitted good the learned members of it had done.-The LORD CHANCELLOR said his attention had not been called to the subject of his learned friend's last observations, but as to the renewal of the commission in question, the Government were of opinion that it was not required. With respect to the cases that had been disposed of in the County Courts, he had merely said that a large proportion of them were of the description he had referred to on a former occasion; and when his noble friend spoke of the increase of the salaries of the judges, he (the Lord Chancellor) had mentioned that a considerable number of the cases disposed of by them required no labour.-Lord BROUGHAM said, that one reason why those cases were disposed of with so little labour was, that the judges had the means of examining the parties themselves.

HOUSE OF COMMONS.

EXPENSE OF PROSECUTIONS.

TUESDAY, April 15.-Mr. AGLIONBY, adverting to a notice he gave in the last session, with a view to lessening the cost of prosecutions, inquired whether the Government would bring in a Bill upon the

Great Western Railway (Purchase of Wilts and Somerset) subject?-Sir G. GREY answered that it was not the

Monday, April 14.
Commercial Docks Improvement
Saint Patrick's Cathedral, Dublin
Sheffield, Rotherham, &c. Railway
Stockton and Darlington, &c. Railway.
Tuesday, April 15.
Malton and Driffield Junction Railway.
Sheffield, Rotherham, &c. Railway

Par, Numb.

SESSIONAL PRINTED PAPERS.

COUNTY COURTS EXTENSION BILL.
THIS Bill has passed the House of Lords
with the provisions for securing better profes- 103. Education-Return
sional remuneration intact. A sketch of the 164. Metropolitan Commission of Sewers-Account
Bill as it is will be found in this week's sum-202. St. Alban's Election Petition-Minutes of the Pro-
186. National Debt-Account
mary, under the department devoted to the
County Courts.

Lord BROUGHAM has introduced a distinct Bill, giving to the County Courts a jurisdiction in Equity. It is opposed by the Lord Chancellor, but supported by Lord CRANWORTH, and, we trust, by a majority of the House of Lords. There is no improvement in the law so required as this, for at present there is practically no remedy in Equity when the subject-matter is worth less than 2007. Such a jurisdiction will not be a transfer of business, but the creation of a new class of business, which does not now exist. Nevertheless, it will be actively opposed by the interests in London, and will demand the active support of the provinces to secure its success.

NOTICE BEFORE PROCEEDING IN THE

NEW

COUNTY [Queen's Arms] COURTS
For the more easy Recovery of Small Debts and
Demands, as per 13th & 14th Victoria, cap. 61.
I hereby give you notice, that unless the sum of
eight pounds eleven shillings and nine pence, due
from you to Mr. Webb, be paid on or before Thurs-
day, the 17th day of April, 1851, I shall proceed
against you under the above Act. Trusting you
will deem it prudent to pay the amount, and thereby
avoid the expenses, to which you will otherwise be
liable, I am, yours, &c.

intention of the Government to introduce such a Bill as the hon. gentleman contemplated. The subject might be brought under the consideration of the Lords' committee to whom Lord Campbell's Bill had been referred.

ORDER OF PUBLIC BUSINESS AFTER EASTER. Lord J. RUSSELL wished to inform the House that he proposed to take the second reading of the Income-tax Bill the first thing on Monday, the 28th take the second reading of the Oaths (Jews') Bill of April. He intended to give notice that he should ceedings of the Select Committee before any other business on the following Thursday. 190. Bills-Lodging Houses He wished to give notice that the Navy Estimates Expenses of Prosecutions, as amended in Com- would be brought on on the same day, after the 200.

206.

mitee, on Re-commitment, and on Consider-
ation of Amendments
201. Compound Householders, amended
172. Ejectment, Ireland-Abstract of Return
Coalwhippers, Port of London
184. Arterial Drainage, &c. Ireland-Return
187. Railways-Return
195. Poor Rates-Return
197. Newspapers-Return
199. Lighthouse, Guernsey-Correspondence
204. Guano-Account
148. Coroners' Inquests-Abstract of Returns
202. St. Alban's Election Petition-Minutes of the Pro-
196. Steam Vessels-Return
ceedings of the Committee, a corrected Copy
203. Ennistymon Union-Correspondence
205. Church of England - Copy of Sir George Grey's
Letter to the Archbishop of Canterbury, &c.
Coals, Steam Navy-Third Report by Sir Henry De La
Beche, and Dr. Lyon Playfair.

Mr. HEADLAM rose to move for the appointment of a select committee to consider the policy of extending the law of mortmain, so as to include personal estate, and generally to consider whether any alteration should be made in the law as it affects testamentary or other dispensations in favour of reliand learned gentleman said, at that late hour he should gious, charitable, or permanent objects. The hon. not address any lengthened observations to the House on the subject of his motion. He wished merely to state that his object was not confined to any particular portion of the community, but would equally extend to all religious bodies without distinction. He considered that there were defects in the

FRIDAY, April 11.-The County Courts further existing law, and if he obtained the committee for Extension Bill was read a third time.

LAW OF EVIDENCE.

Lord BROUGHAM then moved the second reading of the Law of Evidence Amendment Bill, and urged its adoption in a speech of some length.-The LORD CHANCELLOR thought the Bill ought to be read a second time, though some parts of it would be improved by alteration.-After some further discussion in which Lords CAMPBELL and CRANWORTH took part, the Bill was read a second time and ordered to be committed.

THE COUNTY COURTS.

which he now asked, he believed he would be able to bring forward practical improvements.-Mr. J. O'CONNELL was glad the proposed legislation of the honourable gentleman would not be directed against the Roman Catholics as distinguished from all other bodies.-The motion was then agreed to without further discussion.

SALARIES FOR CORONERS.

Lord H. VANE obtained leave to bring in a Bill to abolish fees paid to county and other coroners, and for providing for the payment of such coroners by salaries.

SMALL TENEMENT RATING ACT AMENDMENT BILL. This Bill went through committee, and several clauses were added to the measure.

the House of Commons was on Thursday issued to STAMP DUTIES ASSIMILATION.-A Bill now in continue the stamp duties for three years, and to make regulations for collecting and managing the

MONDAY, April 14.-Lord BROUGHAM was then understood to move for a return connected with the County Courts, but the particular object of it was not heard in the gallery. The noble lord remonwith respect to any increase of the salaries of the strated against the complaints that had been made County Court judges, and said that the working of those Courts proved how highly beneficial they had been to the public. His noble and learned friend on the woolsack had said, that ninety-nine cases out of an hundred decided in those courts were for sums has been an increase in the salaries of public offices PUBLIC SALARIES.-During the year 1850 there under 20s. He had looked at the returns, and he of 17,1241. 8s. 7d. ; in emoluments of 4777. 14s. 4d.; found that about one-third of the cases were for such in retired allowances of 18,0481. 6s. 4d.; and in exsums, but it appeared also, that out of 150,000 dis

same.

posed of by those Courts last year, no less than Penses of 12,8817.; making a total of 48,5311. 9s. 3d.
in the Courts of Queen's Bench and Common Pleas, emoluments, 16,2851. 13s.; retired allowances,
32,000 were for sums above 101. while he found that At the same time diminutions to the following
amounts have been effected:-salaries, 51,0971.;
in the year 1827 (we believe)-the last year for 13,0371. 3s. 3d.; expenses, 25,366/. 7s. 6d.; total,
which there was any return-the number was 105,7861. 4s. 5d.
only 31,600. There was another subject that ap- to public establishments was 499; and of those re-
The number of persons added
peared to him to require attention, and that was
with respect to the state of the criminal law digest.
moved, 361.
Nine months since he had had a correspondence
with his noble and learned friend on the woolsack,
in which his noble and learned friend expressed
himself fully sensible of the labours of the Criminal
Law Commission, and he (Lord Brougham) was in
hope that something would be done with respect to
it; but the Government had allowed that commis-

THE MAGISTRATE,

AND PAROCHIAL AND MUNICIPAL LAWYER,

Summary.

sion to expire. Every one was aware that the labours MR. WORTLEY, the Recorder of the city of of that commission had been very great, and, even London, has set an example to all criminal

courts, whether at the Assizes or at the Quarter Sessions, by a resolve, so far as he can do so by exposure and punishment, to put down the various agents and porters who frequent those Courts, and extort money from the ignorant friends of prisoners under pretence of professional assistance.

would not even suspend until an appeal against it could be heard.

What is a sufficient acceptance of a bill by a joint-stock company was decided in Halford v. Cameron's &c. Railway Company, 17 Law T. 25. The bill was drawn upon the company by its corporate name, and accepted by two directors, describing themselves as "directors of the company appointed to accept this bill," and it bore the corporate seal, and was countersigned by the secretary. This was held to be a sufficient acceptance, under sec. 45 of 7 & 8 Vict. c. 110, to bind the com

pany.

per cent. It must be remembered, in order to the due appreciation of this result, that the above sums "include all charges incident to the relief of the poor, to which the poor-rate is subject, as well as the cost of relief itself," and that several of the items "are of such a nature as not to be materially affected by the increase or decrease of pauperism in any particular year." In the next table given in the But of this we are assured, that nothing less report, these permanent elements of Poor-law exwill suffice for the security of prisoners, who penditure are eliminated, and we have a clear comparison of the costs of relief alone, during the two ought to be protected because they cannot pro-years to which it relates. The years taken are those tect themselves, than a provision, which should respectively ending at Michaelmas, 1849, and have been introduced into Sir GEORGE GREY'S Michaelmas, 1850; and it appears that the total exProsecutions Bill, that the costs of prisoners' penditure for the in-maintenance and the out-door defences should be taxed by the Court. This relief of the poor in the 606 unions from which the returns have been obtained, has diminished in the would effect a double purpose. It would pre- latter year to the extent of 405,000l. or 10-5 per It was intimated, although not expressly vent sham lawyers from imposing upon them; cent. on the outlay of the previous twelve months. decided, in The West London Railway Comit would prevent briefs being taken from sham It should be stated that the aggregate population of pany v. The London and North-Western Raillawyers; it would secure prisoners and their these 606 unions is nearly nine-tenths of the whole way Company, 17 Law T. 31, that a covenant friends against the enormous charges to which population of England and Wales, and that we are in the lease of a railway, that lessees would consequently quite safe in regarding them as a fair at their own expense, during the continuthey are sometimes subjected by persons who specimen of the country at large. Again, taking do not scruple to tell them that the chance of the number of paupers of all classes who were in ance of the lease, efficiently work " the railway, escape depends on the amount of fee. If Mr. receipt of relief on the 1st day of January, 1849, and account to the lessors for one-fourth of 66 passengers, WORTLEY would complete the work he has so and on the same day in 1850, and in 1851, we find the gross receipts in respect of well begun, and purify all the courts in the that from 1849 to 1850 there was a reduction of 64 goods, &c." is a covenant to work the line per cent.—and from 1850 to 1851, a further reduction for passengers as well as goods. E. W. C. country, as he desires to purify the Old Bailey, of 7-4 per cent. If we take the case of adult ablehe should prevail on Sir GEORGE GREY to bodied pauperism separately, the result is far more insert provisions to the effect above suggested. striking; the decrease being 15.4 per cent. from January 1849, to January 1850-and again 14.7 per cent. from January 1850, to January 1851. In other words, precisely 30 per cent. of the adult able-bodied pauperism of the country has been extinguished within a period of two years-and that without a murmur having been heard, in any quarter of undue harshness and stringency in the administration of relief.

The Prosecutions Bill, as amended by committee,

is now before us.

THE LAW OF CALLS.(a)

We have now, under the third division of this subject, to consider the legal remedies given to companies for the recovery of the calls made by them. on their shareholders. These remedies are of two kinds: 1. By forfeiture and sale of shares. 2. By action at law.

1. The before-mentioned statute of 8 Vict. c. 16, enacts, by sec. 29, that "if any shareholder fail to pay any call payable by him, together with the interest, if any, that shall have accrued thereon, the directors at any time after the expiration of two months from the day appointed for payment of such call, may declare the share in respect of which such call was made forfeited, and that, whether the company have sued for the amount of call or not." Sec. 30 provides that, "before declaring any share forfeited, the directors shall cause notice of such intention to be left at, or transmitted by the post to, the usual or last place of abode of the person appearing by the registry of shareholders to be the proprietor of such share," and if the holder of any such share be abroad, or his address be unknown to the directors, notice shall be given in the London or Dublin Gazelle, and in some other newspaper, twenty-one days before such declara

Clause 1 repeals the 23rd section of 7 Geo. 4, c. 64, which provides that in cases of misdemeanour the expenses of attendance before the examining magistrate shall not be allowed. Sec. 2 extends the power of the Court to allow expenses of proCOUNTRY OFFICIALS.-At the Taunton Assizes, secution to divers other misdemeanours. Sec. 3 which opened on Tuesday last, the Lord Chief empowers the Court to allow expenses to persons Baron, in summing up one of the cases, observed, bound over to prosecute for a common assault, that, with regard to the concealment of birth, there upon certificate of justices. Sec. 4 repeals 7 Geo. 4, appeared to be a sad misunderstanding of the law c. 64, s. 26, empowering Quarter Sessions to make on the part of those who committed persons for trial, regulations as to costs and expenses, and secs. 5 and in the case of a girl of the name of Russiter, and 6 empower Secretary of State to make there had been a mistake which he must call a grievregulations, according to which costs of prosecu-ous mistake. She had been upwards of six months tions are to be allowed on certificate of committing in prison upon a charge which was incapable of being supported in any way whatever. The girl's story was, magistrate. By sec. 7 it is provided that the Act that she was not aware that she was so far advanced shall not interfere with payments in respect of ex-in pregnancy, and that her delivery was perfectly traordinary courage, diligence, &c. Sec. 8 extends unexpected; and he did not see any evidence which to Quarter Sessions the power already vested in contradicted this statement. It seemed that she judges of assize to order payments in respect of went to bed at night, and that a delivery took apprehension of offenders, &c. place, but she had nothing whatever to do with the By sec. 9 clerks of the peace and clerks to disposition of that of which she had been delivered, justices may be paid by salary instead of by fees; but those who were about her had thought it right but by sec. 10, in fixing such salaries certain busi- to dispose of that which seemed to have been a pre-tion of forfeiture. Sec. 31 provides that the forness may be excepted. Sec. 11 provides that clerks mature birth, and to which the girl had been no paid by salaries shall account for fees. Sec. 12 party. She had in no respect any share or concern feiture must be confirmed by a general meeting two in that disposition, and she was in no respect charge-months after the notice has been given. Sec. 32 empowers justices in such case to remit fees at their able with any offence under the statute, and he much empowers the sale of the forfeited shares; and discretion. Sec. 13 and 14 relate to Middlesex regretted to find she had been in prison for six sec. 34 provides that no more shares shall be sold only; and secs. 15 and 16 to warrants in the Chan-months upon a charge which was utterly destitute of than will be sufficient for the payment of the calls, nel Islands. any foundation. He was called upon also to state the interest (to which on the amount of the call, that many of the depositions were so badly written the defaulter is rendered liable by the Act), and the as to be scarcely legible, and did not reflect the highest honour on the state of education of the expenses incurred. By sec. 35, it is provided, that magistrates' clerks. In the most serious case in the on payment of the calls before sale, the forfeited calendar, the depositions were written so badly that, shares shall revert to the holder of them. in order to make himself master of the case, he had been compelled to send the depositions to the clerk of the assize to have them copied, that he might read them.

Sec. 16 permits prisoners in cities and boroughs to be committed for trial at the Assizes in an adjoining county. Sec. 13 empowers justices to declare when gaols or houses of correction are fit prisons for persons committed for trial; and by sec. 14 prisoners so committed may be removed to the county gaol previous to trial, and while under removal are to be deemed to be in proper legal custody.

JOURNAL.

The explicit manner in which the Act in question points out the course to be pursued in obtaining the remedy by forfeiture, precludes the necessity for dwelling at length on this part of our subject. The evidence required as to the forfeiture of shares is

Sec. 20 extends to this Act the provisions of 38 Geo. 3, c. 52, and 51 Geo. 3, c. 100, as to the JOINT-STOCK COMPANIES' LAW declared by sec. 33, which enacts that a declaration execution of sentences and as to costs; and sec. 21 defines what is to be deemed the next adjoining county.

E. W. C.

IN Hare v. The Cork and Bandon Railway SAVINGS BANKS AND FRIENDLY SOCIETIES.-Company, 17 Law T. 21, it appeared that A parliamentary paper is printed, shewing that from the company had taken possession of land the 6th August, 1817, when they commenced, to the without the formalities prescribed by the Lands 20th November last, the gross amount of all sums Clauses Consolidation Act, alleging the conreceived and credited by the Commissioners for the sent of the owner's solicitor. But the Court Reduction of the National Debt, on account of sav- refused an injunction, on account of the great ings banks and friendly societies, including interest, was 61,832,2587. 6s. 8d. of which 58,114,1587. 9s. 2d. public injury that would accrue, but required belonged to savings banks, and 3,718,0991. 17s. 6d. the company at once to obiain the finding of jury as to the compensation to be paid, and to POOR-RATE RETURNS FOR LAST YEAR.-The pay all the costs fairly incurred. In the case annual return of the Poor-law Commissioners as to of The Attorney-General v. The Great Northern the state of pauperism for the year 1850 has just Railway Company, 17 Law T. 23, an injuncbeen published. The results are most gratifying.

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in writing by a disinterested party before a justice of the peace, or Master extraordinary in Chancery, that the call was made, notice thereof given, default in payment committed, and the forfeiture declared and confirmed, shall be sufficient evidence of such The above declaration, and the receipt of facts. the company for the price of such share constitute a good title to it, and a certificate of proprietorship is to be delivered to such purchaser, who thereupon shall be deemed the holder of such share, discharged from all calls due prior to such purchase, and whose title is not to be affected by any irregularity in the proceedings in reference to such sale. No provision is made for the execution by the new shareholder, of the deed of settlement, or for his registration among the list of shareholders, and until these acts are performed, it may be presumed that he stands It appears that, comparing the year ending on Lady- tion had been obtained to restrain the company on the same footing with an original purchaser of day, 1850, with the year ending on Lady-day, 1849-from interfering with a certain road and ob- shares, already referred to, who is in this position. 2. The remedy given by action at law in the the former date being the latest period to which this structing the way there. The company afterparticular return has yet been obtained-the entire wards laid their permanent rails over the road event of non-payment of calls, is provided by ss. expenditure for all purposes connected with the relief of the poor in England and Wales has fallen on a level, and erected gates for security. This 25, 26, 27, and 28 of 8 Vict. c. 16, already referred from 5,792,000l. to 5,395,000. being a decrease was held to be a breach of the injunction, and (after allowing for the growth of population) of 6.9 a sequestration was ordered, which the Court

to friendly societies.

to.

What is here required to enable a company to (a) By GEORGE HARRIS, Esq. Barrister-at-Law.

recover the money due from a shareholder is the prescribed proof of his being a proprietor of shares, of the call having been made, and due notice of it given, and of his having failed to make the required payment.

In an action for calls upon certain shares in a railway company, under the stat. 8 & 9 Vict. c. 16, s. 26, it appeared that the defendant was not an original subscriber, but had purchased scrip certificates of the shares in question, and, before the call was made, sent them in to the company, with a claim to be entered in their books as the holder thereof. His name was entered in a draft register of shares, and a receipt for the scrip sent to him; but his name was not entered in the sealed register until after the call was made: held, that the plaintiffs were not entitled to recover, and, semble, that in this respect there is no difference between the case of an original subscriber and that of a transferree. (The Newry and Enniskillen Railway Company v. Edmunds, 17 L.J. Ex. 102.)

We shall next consider the mode in which this liability to pay calls may be discharged.

WINDING UP.

Another case of a contributory was Ex parte Hamer, 17 Law T. 24. A. a shareholder, devised his real estate to B., making C. his executor, and died in 1838. C. received the dividends for some years, and his name was put on the list of contributories. C. having shewn that he had duly administered the personal estate of A. the Master pu B.'s name on the list as devisee of A. It appeared that all the company's debts due at the time of A.'s decease had been paid. He was very properly held not to be liable as a contributory.

their option, the proprietors neglecting to pay the same should forfeit all their shares for the benefit of the company; provided that no advantage should be taken of any such forfeiture until notice thereof given to the proprietor in manner therein mentioned, nor unless the same IN Re The Norwich Yarn Company, 17 Law T. should be declared to be forfeited at some 23, a question of jurisdiction was determined by general or special meeting of the company the Master of the Rolls, who decided, that after a within six months after such forfeiture should claim by a creditor had been disallowed by the happen, which declaration should, ipso jure, be a Master, and, on appeal, the validity of the debt was forfeiture of the shares. To an action of debt for questioned, it was competent to the Court to direct calls, the defendant pleaded that by reason of an issue to try that validity. having neglected to pay calls on his shares, they were, in pursuance of the Act, declared by the directors to be forfeited, and the defendant exercised and declared their option, according to the Act, that the same should be forfeited, and the same then became and were forfeited, of which the defendant had due notice, and acquiesced in the forfeiture. It was held, on special demurrer, that the plea was bad, for not shewing that the shares were declared to be forfeited at a general or special meeting of the company, according to the provisions of the Act. Lord Abinger, C.B. in declaring his judgment, observed-" It is clear that the directors have no right both to declare the shares forfeited, and also to sue for the calls; the proviso in the 49th section only allows them an alternative. But the question is whether it is sufficiently alleged in the plea that the directors have exercised their option of declaring the shares forfeited." (Edinburgh and Leith Railway Company v. Hebblewhite, 6 M. & W. 717.) In Giles v. Hutt, 18 L. J. Ex. 53, by the proIn an action for calls by a railway company, the visions in the deed of a joint-stock company, declaration alleged that the defendants were and power was given to the directors to bring actions to still are holders of certain shares, and, being such recover the amount of any call that might remain holders, were indebted to the company in the unpaid, or to declare the shares forfeited. The amount of calls upon them: held, that the plea of directors commenced an action and recovered judg"never indebted" was not an admission that the ments for the amount of two calls. The judgments defendants were shareholders in the company. The were not satisfied, and the directors afterwards deonly register of shareholders which, by 8 & 9 Vict.clared the shares forfeited. It was held that the c. 16, s. 28, is made prima facie evidence of a party directors could not both recover a judgment for the being a shareholder in the company, is the register call, and also declare the shares forfeited; and that duly prepared and sealed under the provisions of having recovered judgment, their subsequently sec. 9. (Birkenhead Railway Company v. Brown- declaring the shares forfeited was a nullity and rigg, 19 L.J. 27, Ex.) inoperative.

In the case of the Derbyshire Railway Company v. Tomlinson, Joint Stock Companies, L.J. 126, it was held, that in an action by a railway company for calls, the register of shareholders produced by an officer of the company, purporting to bear the seal of the company, is admissible in evidence under 8 & 9 Vict. c. 16, s. 28, without proof that the seal was affixed at an ordinary meeting of the share holders, as directed in sec. 9. See also in the subject of actions for calls, The Belfast and County Down Railway Company v. Strange, 12 Jur. 19, Ex.; 10 Law T. 307.

The certificate of the Registrar of Joint Stock Companies incorporates a company, under 7 & 8 Vict. c. 110, s. 25, although the deed registered be a defective deed. A shareholder who has signed the deed which is registered cannot avail himself, as a defence to an action for calls, of any omission from the deed of certain provisions required by the statute 7 & 8 Vict. c. 110, to be inserted therein. (Banwen Iron Company v. Barnett, 19 L.J. 17, C.P.)

It has also been lately held that a plea of set-off, in respect of calls on shares in a joint-stock company, must either state the facts specially, or strictly pursue the form given by the 8 Vict. c. 16,

s. 26; therefore a plea founded on that statute, but omitting the words whereby an action hath accrued," &c. is bad on special demurrer. (Moore v. Metropolitan Sewage Manure Company, 3 Ex. 333; 6 D. & L. 496; 18 L. J. 164.)

The principle of forfeiture in our law is of two kinds, embracing two distinct objects in separate cases-1. Where the forfeiture is intended to operate as a punishment on a person for some offence, as in the case of forfeiture under a penal statute, or by a felon of his goods and chattels. 2. Where the forfeiture is intended to operate merely as a remedy to restore to a suffering party that to which he is entitled, and which is, in fact, the most direct mode of effecting it. Forfeiture of the former kind is in shareholder in a public company. Forfeiture of no respect applicable to the case of a defaulting the latter kind is strictly so. The real principle, therefore, applicable to this case appears to us to be

as follows:

We understand that, in many of the companies now in course of being wound up, no debts have been proved, so that, in fact, the costly process has been taken for the sole purpose of paying self-produced costs. In such cases the Court should throw the costs upon the petitioners. Where there is nothing to wind up it would be monstrous to make contributories for the sole purpose of subscribing the costs of a proceeding proved by the result to be needlessly taken.

At present, all progress is suspended in the incompleted companies, waiting the results of the pending appeals. The entire principle upon which calls are to be made yet remains to be determined.

E. W. C.

DOVER, HASTINGS, AND BRIGHTON JUNCTION RAILWAY.-On Monday the list of shareholders in this company, brought in by Mr. Norris, the official manager, was proceeded with, when about nineteen of those who had paid the deposit and had shares allotted them, were placed on the list. Mr. Simpson, of the firm of a'Beckett and Simpson, who were solicitors to the company, were examined at length, in order to fix certain of the provisional committee, and the meeting was adjourned for the attendance of the secretary.-Chronicle.

CHELTENHAM HOTEL.-On Monday his Honour

Master Brougham, after finally settling the list in this matter, declared a call of 301. per share, payable to Mr. Hutton, the official manager, on the 8th of May, to discharge the liabilities, amounting to about 20,0001.-Daily News.

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SLIGO AND SHANNON RAILWAY.-On Monday, meeting was held before Master Farrer, to settle the official manager, and his solicitor, Mr. Devonthe list of contributories brought in by Mr. Coleman, shire, for whom Mr. Cotton appeared as counsel. This the only railway company incorporated by Act of Parliament, the royal assent having been given in August, 1846, under the operation of the A forfeiture of shares, and a sale of them by the Winding-up Act. The line was to commence at company, so as to liquidate the whole amount due Lough Gile, and run through the Arigna iron disfrom a shareholder for the amount of his call, and tricts and Leitrim to the Shannon, but only 5,000. The most important question, however, which all interest and expenses on that account, will dis- of the deposits were paid in, and the liabilities still can arise under the above Act is whether it is in- charge the proprietor of the shares from all further outstanding amount to between 6,000/. and 7,0007. tended that both these remedies by forfeiture and liability in respect of that particular call. But The list of contributories consists of 142 persons, action shall be given to companies, and shall be where the forfeiture and sale of the shares has 82 of whom having signed the deed and paid the available in each case; or whether it is meant that proved insufficient to meet this, or where only a deposit, were yesterday placed on the list.-Daily News. only one of them shall be pursued for one particu- judgment has been obtained against the defaulting KILBRICKEN SILVER LEAD MINING COMPANY. lar default. It is laid down by Mr. Wordsworth, proprietor, which remains unsatisfied, the other-On Thursday, Master Richards sat to receive proof in his Law of Railways, &c. p. 178, that "whe- remedy against him may be resorted to, provided of debts in the matter of the above-named company. ther calls be sued for or not, the shares may be there is nothing in the Act of Parliament, or deed The official manager, Mr. Wryghte, and his solicitor, declared forfeited after six months from the day of settlement, regulating the affairs of that partiappointed for payment. But the forfeiture does cular company, to prevent both these remedies not relieve the shareholder from liability to pay being availed of for the recovery of the same call. calls made before the forfeiture." The 8 & 9 Vict. The object aimed at by the 8 Vict. c. 16, is obc. 16, does indeed enact by s. 29, that in case of viously this: to give a full remedy for the recovery default of payment of a call, a forfeiture of a share of unpaid calls, and all interests and costs accruing may be declared, "and that whether the company thereon; but such remedy is not intended to exhave sued for the amount of such call or not ;" but tend beyond this, and until this end is effected, one nothing is here expressed which enables a com- or both these remedies may be resorted to. The pany to enforce a forfeiture of shares after a Act, indeed, even directs that the surplus-money judgment has been obtained for the amount of the obtained by the forfeiture and sale of shares shall, call against the defaulting proprietor, though a after satisfaction of the call, interest, and expenses, forfeiture would not be prevented in consequence of be paid over to the defaulters, which clearly evinces an action for the same call having been commenced. the spirit of it, and shews that its object is only to SHROPSHIRE MINERAL RAILWAY.-On Monday The law on this point is, therefore, left as it was secure the payment of a debt, and not to inflict pu- a meeting in this matter was held before his honour before. The precise terms of the deed or Act of nishment on the defaulter. In addition to this it may Master Kindersley. The further settlement of the Parliament by which the affairs of each particular be remarked, that though the Act of Parliament de-list of shareholders was being proceeded with when company are regulated will, indeed, generally serve clares that the shares may be forfeited, although an it was found necessary to adjourn until June, to give to determine this point. By the Edinburgh and action has been commenced, yet it nowhere em- Adams, who was the chairman of the company, Mr. an opportunity for the examination of Mr. Serjeant Leith Railway Act, 6 & 7 Wm. 4, c. 121, s. 49, the powers a company to bring an action, after a for- Alderman Copeland and other directors, with the directors were empowered to make calls in manner feiture of shares has been resorted to, and the secretary, relative to the purchase by the directors therein mentioned, and to sue for them, in case of holder of them has ceased to be a member of the of a large number of shares on which they claim any non-payment, by action of debt, or otherwise, in company. dividend that may arise under the estate, the object

Mr. Harris, attended to watch the proceedings on the part of the contributories. The claims tendered were trifling in amount; and, after a brief investigation, the Master refused to allow any of them being entered as debts against the estate, on the evidence to about 70l. were brought forward on behalf of some adduced. Several claims, amounting on the whole poor persons in Ireland who resided near the mine, but were adjourned to await further inquiry; and Mr. Armstrong, the proprietor of the mine and the grounds adjoining, undertook to afford every facility in his power to ascertain the justice of the demands, as the parties claiming were tenants of his own.Chronicle.