-

shares

Loan on deposit of

See TRANSFER OF SHARES. 2.

BREACH OF TRUST-Covenant-Specialty debt

BANKRUPT TRUSTEE-Appointment of New | BORROWING POWERS
Trustee Trustee Act, 1850- Bankruptcy Act,
1849.] A new trustee appointed in the place of a
trustee who had become bankrupt, had never
surrendered, and had not been heard of for several
years. In re RENSHAW'S TRUSTS
783
BANKRUPTCY-Act of Unstamped and un-
registered creditors' deed

-

See UNSTAMPED CREDITORS' DEED.

Appeal from Registrar -

See BANKRUPTCY APPEAL.

47

Choice of assignees-Omission to choose at
first meeting
68

See CHOICE OF ASSIGNEES.

First meeting of creditors Omission to
choose assignees

-

See CHOICE OF ASSIGNEES.
Jurisdiction-Administration of trusts of
creditors' deed
356

See TRUSTS OF CREDITORS' DEED.
Leave to issue execution

-

-

690

See SPECIALTY DEBT.

[449

[280

Improper investment-Proof in bankruptcy
See IMPROPER INVESTMENT.
BREAKING UP STREETS TO LAY GAS-PIPES
352 Nuisance-Injunction-Amendment at Hearing.]
The disturbance of the pavement of a town by an
unincorporated gas company, without lawful au-
thority, for the purpose of laying down gas-pipes,
is not a nuisance so serious and important that a
Court of Equity will interfere by injunction to
68 prevent it.-Attorney-General v. Sheffield Gas Con-
sumers Company (3 D. M. & G. 304) followed.-
The decision of Malins, V.C., reversed. The views
of the governing body of a town, and the motives
of the persons instituting a suit, are not imma-
terial where the complaint is of a public injury.-
An information and bill was filed against a gas
company, stating, as the fact was, that they had
been formed for the purpose of lighting the streets
and private houses of a town, and that they had
made a contract with the Commissioners of the
town to light the streets, and praying for an in-
junction to restrain them from breaking up the
before the hearing, the contract was rescinded,
pavements. After the suit was at issue, but
but the Defendants still claimed to go on laying
their pipes for the purpose of supplying private
houses-Held, that it was consistent with the
practice of the Court to give leave at the hearing
to introduce by amendment a statement of the
rescinding of the contract. ATTORNEY-GENERAL
v. CAMBRIDGE CONSUMERS GAS COMPANY
BUILDING CONTRACT-Completion by assignee
in bankruptcy

See EXECUTION,-LEAVE TO ISSUE.
Marshalling securities-Pledge of bills of
lading by consignees
168
See MARSHALLING. 1.
Proof-Breach of trust -

280

See IMPROPER INVESTMENT.
Proof-Execution against property of part
ners members of another firm
See CREDITOR HOLDING SECURITY.
Proof-Future calls

See ASSENT OF CREDITORS. 1.
Proof-Holder of forfeited shares

-

-

2.

125

58

639

68

See FORFEITURE OF SHARES.
Proof of debt by declaration-Appeal-Debt
not formally proved
See CHOICE OF ASSIGNEES,
Proof-Security on property of bankrupt
and a third person

-

See CREDITOR HOLDING SECURITY. 1.

49

See CONTRACT COMPLETED BY ASSIGNEE.
BUILDING SOCIETY-Permanent Benefit Building
Secured creditor-Guarantee-Dividend for future Instalments.] A member of a benefit build-
Society Mortgage-Power of Sale-Discount on

See CREDITOR HOLDING SECURITY. 3.
BANKRUPTCY APPEAL-Appeal from an Order
of the Registrar-Practice.] No appeal can be
brought to the Court of Appeal in Bankruptcy
from an order of a Registrar unless the Registrar
made the order when sitting as deputy for the
Commissioner. All other orders of the Registrar
must be reviewed by the Commissioner, or, if the
matter has been transferred into the County
Court, by the Judge of the County Court.-Ex
parte Moss (Law Rep. 3 Ch. 29), and Ex parte
Barnett (Law Rep. 4 Ch. 68), observed upon. Ex
parte BARNETT. In re TAYLOR. (2.) 352
Creditor whose debt has not been formally
proved
68

ing society obtained an advance on his shares on
executing a mortgage in the form prescribed by
the rules, by which he covenanted to repay the
advance with interest by monthly subscriptions
calculated to extend over a certain number of
months. The mortgage contained a power of sale
in the event of the subscriptions falling into arrear
for three months, and the purchase-money was to
be applied in satisfaction of all moneys then due
or thereafter to become due from the mortgagor
in respect of subscriptions, fines, insurance, or
otherwise, under the mortgage deed, and the sur-
plus to be paid to the mortgagor. The mortgagor
paid a few of the subscriptions, and then fell into
arrear, and the mortgaged premises were sold by
the directors:-Held (reversing the decision of
Giffard, V.C.), that the mortgagor was not en-
titled to any rebate or discount upon the amount
of subscriptions not due at the time of the sale,
although the rules prescribed that such an allow-
ance should be made in case of a mortgagor re-
deeming his mortgage before the expiration of the
full period of payment.-In such a case there is
no difference between a permanent society and
one intended to be wound up after a definite
period. MATTERSON v. ELDERFIELD
207

See AGENT APPOINTED BY PAROL.
Boyce, In re (12 W. R. 359) considered 782
See PERSON OF UNSOUND MIND. 2.
Child v. Douglas (Kay, 560) considered 218
See COVENANT RUNNING WITH THE LAND.
Dutton v. Morrison (17 Ves. 193) distin-
guished
125

See CREDITOR HOLDING SECURITY. 2.
Higginson v. Blockley (1 Jur. (N.S.) 1104)
disapproved of
673

-

See INTERROGATORIES BY DEFENDANT.
Hills v. Croll (2 Ph. 60), observations on 654
See COVENANT IN RESTRAINT OF TRADE.
Jeffreys v. Machu (29 Beav. 344) distin-
guished
190
See PRESUMPTION OF GRANT OF REVER-

SION.

-

See DEPOSIT OF DEEDS.
Mann's Case (Law Rep. 3 Ch. 459, n.) ex-
plained
31

See INFANT TRANSFEREE.
Martin's Patent Anchor Company v. Morton
(Law Rep. 3 Q. B. 306) commented on
See BANKRUPT SHAREHOLDER. [274
Metropolitan Counties Society v. Brown (26
Beav. 454) distinguished
630
See FIXTURES.

counsel

See CERTIFICATE OF ONE COUNSEL.
CERTIFICATE OF ONE COUNSEL-Appeal Peti-
tion.] Leave will not be granted to present a
Petition of appeal with the certificate of only one
counsel, merely on the ground that one counsel
only appeared for the Appellants in the Court be-
low. In re ROBERTS' TRUST -
CHAMBERS, PRACTICE IN-Application to review

taxation

-

See TAXATION OF COSTS. 1.

CHARGE ON EQUITABLE DEBT-Garnishee
See JUDGMENT CREDITOR.

CHARITY-College at University
See COLLEGE.

Scientific societies, Gift to

See MARSHALLING. 2.

561

372

92

722

309

CHOICE OF ASSIGNEES Bankruptcy Omission
to choose Creditors' Assignee at First Meeting-
Appeal by Creditor whose Proof was not formally
complete at Date of Meeting-Proof of Debt by
Declaration-Sufficiency of Statement of Account.]
Where the first meeting of creditors has passed
without the choice of a creditors' assignee, by rea
son of the majority refusing to nominate any one
for election, the Court has power to appoint a fresh
meeting to continue the proceedings for the elec-
tion of an assignee.-A creditor whose debt was
not objected to at the meeting for choice of
appeal from a decision come to at the meeting,
assignees, although not formally. proved, may
provided his debt be proved before the hearing
of the appeal.-If a creditor who proves his debt
by declaration under the 144th section of the
Bankruptcy Act, 1861, files a statement of account
which is not "full, true, and complete," his proof
ought to be rejected. Ex parte BARNETT. In re

COLLEGE-Charity - Will - Construction-Edu-
cation-Long Usage-Statutes of University Com
missioners.] A testator, in 1641, gave lands to
Sidney Sussex College, Cambridge, and Trinity
College, Oxford, for the only use, education in
piety and learning, of ten descendants of the
brothers and sisters of the testator and of his two
Moss, Ex parte (Law Rep. 3 Ch. 29) observed wives, and in default of such to their poor kindred.

-

352

See BANKRUPTCY APPEAL.
Pennell v. Deffell (4 D. M. & G. 372) con-
sidered
764

See BANKERS' ACCOUNT.
Pentelor's Case (Law Rep. 4 Ch. 178) dis-
tinguished
532

See ALLOTMENT OF SHARES. 2.

Ponsford v. Walton (Law Rep. 3 C. P. 167)

followed

-

47

See UNSTAMPED CREDITORS' DEED.
Waring, Ex parte (19 Ves. 345) distinguished
[423
See SECURITIES FOR BILLS OF EXCHANGE.
White v. Barker (5 De G. & Sm. 746; 17 Jur.
174) followed
336
White v. Lady Lincoln (8 Ves. 363) dis-
tinguished

-

See PARTNERSHIP ACCOUNTS.

See SOLICITOR'S ACCOUNTS.

-The two Colleges accepted the gift, and each had
always required that those persons who claimed
the benefit thereof should become members of the
College, and be educated there, and when there
were no such claimants, each College had appro-
priated a moiety of the rents to their own pur-
poses:-Held, upon the construction of the will,
that any descendants claiming the benefit of the
gift must become members of one of the Colleges,
and be educated there, and that, subject to that
trust, the Colleges were entitled to the lands in
tion of the will had been doubtful, the contempo-
equal moieties:-Held, also, that if the construc-
Court would not assume a long series of breaches
raneous usage might be referred to, and that the
of trust to have been committed.-The University
Commissioners, in 1860, made a statute as to
Sidney Sussex College that, subject to the legal
rights of any persons beneficially interested under

43 the will, the emoluments derived from the lands
should be carried to the general funds of the

COLLEGE-continued.

College-Held, that Sidney Sussex College took
one moiety of the rents and profits freed from the
charge of educating any descendants under the
will, and that a scheme must be prepared as to
the moiety taken by Trinity College. Decree of
the Master of the Rolls varied. ATTORNEY-
-GENERAL v. SIDNEY SUSSEX COLLEGE
COMPANY- Acceptance of shares

722
Notice of

322, 325, n.
See ACCEPTANCE OF SHARES. 2, 3.
Allotment of shares-Conditional allotment

See ALLOTMENT OF SHARES.
Amalgamation-Ultrà vires

1, 2.

117, 503
1, 2.

See AMALGAMATION OF COMPANIES.

174

COMPULSORY POWERS-continued.
that it was expedient that the company should be
empowered to stop up Albert Street, and also to
acquire, by compulsion or otherwise, additional
lands in connection with their undertaking, and
the company was empowered to take the lands
included in the deposited plans; and it was also
enacted that they might stop up Albert Street pro-
vided that they made another street in a pre-
scribed direction. None of the Plaintiff's land
was included in the plans referred to in this Act.
-The company, before the expiration of the
[178, 532 compulsory powers of the Act of 1864, gave no-
tice to the Plaintiff to take some of his land
included in the plans referred to in that Act;
wanted to form the new street under the provi-
although it was admitted that the land was
sions of the Act of 1865. The Plaintiff filed his
bill for an injunction :-Held (affirming the de-
274 cision of James, V.C.), that the Plaintiff was
entitled to an injunction, the stopping up of
Albert Street not being one of the purposes of the
Act of 1864.-The Court will not construe the
compulsory powers of a railway company so as to
extend them beyond the express words or abso-
lutely necessary implication of the Act; it being
the duty of the company to take .care that the
public understand, before the Act is passed, the
extent of the compulsory powers which they re-
quire. Where a railway company has given notice
to take land for some object which is clearly
within their compulsory powers, the Court will
not interfere to restrain them merely on the
ground that they might obtain the same object in
some other way without taking the land. LAMB
v. NORTH LONDON RAILWAY COMPANY
CONDITION OF SALE - Misleading statement
See SETTLED ESTATES ACT.

266

31

252

376, 475, 701
1-3.

See MISCONDUCT OF DIRECTORS.
Misrepresentation in prospectus

497

639

See MISREPRESENTATION IN PROSPECTUS.
Proof for calls on forfeited shares
See FORFEITURE OF SHARES.
Qualified acceptance of shares-Building con-
tract

-

See ACCEPTANCE OF SHARES. 1.
Shareholder in another company

See TRANSFER OF SHARES. 2.

Shares-Stock Exchange

184

252

3, 200, 441

See CUSTOM OF STOCK EXCHANGE. 1-3.

See LACHES OF CONTRIBUTORY.
COMPENSATION UNDER LANDS CLAUSES ACT
-Reference-Enlargement of time 554
See ENLARGEMENT OF TIME FOR AWARD.
COMPULSORY POWERS- Railway Company -
Lands Clauses Act-Purposes of Special Act-Un-
dertaking.] A railway company obtained an Act
of Parliament in 1864 for extending their opera-
tions, containing compulsory powers to take addi-
tional lands in connection with their undertaking,
The Plaintiff's land was included in the deposited
plans referred to in the Act. It was provided by
the Act that a street called Albert Street should
not be stopped up by the company without the
consent of the vestry of the parish of Islington.
In 1865, the company, having been unable to ob-
tain the consent of the Islington Vestry to the
stopping up of Albert Street, obtained another Act
for the improvement of their Highbury Station,
and for other purposes, by which it was recited

See TAXATION OF COSTS. 2.
CONTINUING DAMAGES Winding-up-Delay-
Measure of Damages-Profits Companies Act,
1862, s. 158-25th Rule of the General Order of
11 Nov. 1862.] A ship-building company agreed
to repair a ship within a certain time. Before the
repairs were executed an order was made for
winding-up the company. After some time an
order was obtained in the winding-up, with the
assent of the shipowners, that the official liqui-
dator should be at liberty to complete the repairs,

which he did, and the ship was, long after the
time agreed upon, delivered to the owners and
sent on a voyage:-Held, that the shipowners
were entitled, under sect. 158 of the Companies
Act, 1862, to recover damages from the company
for the delay in executing the repairs, and that
these damages continued to run after the winding-
up, notwithstanding the 25th rule of the General
Order of 11 Nov., 1862 :-But, held, that, under
the circumstances, the shipowners could not re-
cover damages for an injury to the ship alleged
to have been done whilst she was in the posses-
sion of the company. - Order of Wood, V.C.,
affirmed.-Order of Giffard, V.C., varied. In re
TRENT AND HUMBER COMPANY. Ex parte CAM-
BRIAN STEAM PACKET COMPANY

CONTRACT-Agent appointed by parol

-

112

548

See AGENT APPOINTED BY PAROL.
CONTRACT COMPLETED BY ASSIGNEE-Equi-
table Assignment-Moneys due under a Building
Contract.] A builder assigned to T. £200 of what
should be coming to him under a building con-
tract with A. The contract provided that the
building should be finished by a certain day, and
if not, that A. might employ another builder to
complete it. When the assignment was made
the time for completion had expired. Soon after-
wards the builder executed a creditors' deed.
The trustee of this deed completed the building
with his own money and was repaid by A. Al-
lowing this repayment as proper, nothing re-
mained due on the contract. T. then filed his
bill to enforce payment of the £200:- - Held
(affirming the decision of Malins, V.C.), that the
payments by A. to the trustee were proper, and
that the bill ought to be dismissed with costs.
TOOTH v. HALLETT

-

CONTRIBUTORY-continued.

[CH. VOL. IV.

[769, n.

See LACHES OF CONTRIBUTORY.
Transfer of shares-Laches of company
See LACHES OF COMPANY.
Transferee dead without representative 768
See LACHES OF CONTRIBUTORY.
CO-OWNERSHIP OF REAL ESTATE-Investment
of Profits in Land-Partnership-Real or Per-
sonal Estate.] Co-owners of lands, partly custo-
mary freehold and partly leasehold, worked a
quarry on part of them, and let the rest to agri-
cultural tenants. Part of the undivided profits
were from time to time laid out in purchases of
other lands for purposes of the quarry, the lands
so purchased being, in most cases, conveyed to
trustees on trust for the persons expressly by
name who were interested in the undivided profits
constituting the purchase-moneys, their heirs and
assigns, and being in other cases conveyed to
trustees without any express declaration of trust.
One of the co-owners (a woman) married, and on
her marriage a settlement of her shares and in-
terest in the lands and quarry, plant and ma-
chinery, was executed, by which her shares and
interest in the customary freeholds were treated
as real estate, and her shares and interest in the
entire property, both real and personal, were
settled on herself for life for her separate use
without power of anticipation, with remainder to
her husband for life, with remainder, in default
of issue, in trust for her, her heirs, executors,
administrators, and assigns. Further purchases
of customary freehold land were, after her mar-
682 riage, made from time to time out of the undi-
3. vided profits of the quarry, the land so purchased
174 being conveyed to trustees, but without any trusts
being declared, except in one instance, that of a
purchase made in 1849, in which case trusts were
expressed on the instrument of conveyance, and
were for the benefit of the co-owners, by name,
in undivided shares, their heirs and assigns. In
the books of account kept by the manager of the
business these purchases were treated as if they

242

CONTRIBUTORY-Acceptance of shares-Notice
322, 325, n.

of allotment -

-

See ACCEPTANCE OF SHARES. 2, 3.
Allotment of shares-Conditional allotment
[178, 532

See ALLOTMENT OF SHARES. 1, 2.
Amalgamated company-Director

-

See AMALGAMATION OF COMPANIES.
Bankrupt-Set-off-Mutual credit
See SET-OFF IN WINDING-UP.

-"Bankrupt shareholder

See BANKRUPT SHAREHOLDER.

Company shareholder in another

274

com-
252

Creditors' deed-Liability to future calls had been purchases of stock in trade.

Proof-

See ASSENT OF CREDITORS. 1.

Forfeited shares-Past holder

See FORFEITED SHARES.

Infant shareholder

See INFANT TRANSFEREE.

Laches of company

See LACHES OF COMPANY.

Laches of contributory

See LACHES OF CONTRIBUTORY.

Misrepresentation in prospectus

31

These

58 accounts were from time to time submitted to the
parties interested, and, in particular, to the hus-
266 band of the married woman. She having died
without issue-Held (affirming the decision of
the Master of the Rolls), that her share in the
purchases of land so made after her marriage de
volved as real estate, and not as personalty, and
769, n. having been made with savings of income, were
not comprised in the settlement, but passed at
768 once on her death to the Plaintiff, her heir-at-law
and customary heir. STEWARD v. BLAKEWAY 603
COSTS-Appeal for-Costs of trustees
697

497

See MISREPRESENTATION IN PROSPECTUS.

See APPEAL FOR COSTS. 2.

-

COUNTY COURT JURISDICTION-continued.
264 solicitor, estimated the amount of a bill of costs to
which he was liable at £55, and on taxation it
proved to be £85, which brought the amount of
his debts above £300, it was held that he was not
wrong in not waiting for the taxation, and that
the bankruptcy ought to be proceeded with in the
County Court. The decision of a County Court
Judge annulling a bankruptcy under the 46th
rule of the County Court Bankruptcy Orders, 1863,
322 is subject to be reviewed by the Court of Appeal.
Ex parte Rose. In re ROSE -
COVENANT-Restraint of trade