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136 Superior Courts: Queen's Bench.-Q.B.Practice Court.-Common Peas.-Exchequer.

cording to the present practice, and such order
shall be a sufficient warrant for striking such
special jury, and making a panel thereof for
the trial of the particular cause.'
Bovill showed cause against the rule, which
was supported by Lush.

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The Court said, that the sheriffs were entitled to be paid for the labour they rendered, but whether by the public or by the parties might be a question. The table of fees settled by the Judges had not been made in contemplation of the new law, and the sheriff was not authorised to the fees charged, which must be refunded. The rule would therefore be made absolute.

Queen's Bench Practice Court.
(Coram Wightman, J.)

In re- —, gent., one, &c. June 7, 1856.

Byles, S. L., and Raymond showed cause against the rule.

The Court (without calling on M. Chambers in support) said, the facts showed that the defendant was not in a position to sue on the bill, and there was gross carelessness in the plaintiffs in having done so. The rule would therefore be made absolute to reduce the damages by the amount of the costs in that action.

Court of Exchequer.

Barnes v. Hayward. June 7, 1856. TAXATION OF COSTS.—ARBITRATOR'S FEES


A plaintiff took up an award and paid the arbitrator's fees, but from which on taxation 100l. was taxed off: A rule was refused to review the taxation.

Semble, if the fees were totally unreasonable the plaintiff has his remedy over against the arbitrator.

THIS was a motion for a rule nisi on the Master to review his taxation in this action, which had been referred to arbitration. It appeared that 1007. had been taxed off the amount paid by the plaintiff for the fees of the arbitrator, which the Master found to be unreasonable.

Needham in support.

A rule was refused on an attorney to answer matters of an affidavit, who had neglected to invest client's money, and became bankrupt, where an action had been brought, although the Master's award made under a reference could not be enforced by reason of the attorney keeping out of the way. THIS was a motion for a rule nisi on an attorney to answer the matters of an affidavit. The Court said, that the defendant ought It appeared that he had received a sum of not to be compelled to pay an excessive fee be money from a client to invest upon security, cause the plaintiff had done so. It might be but had omitted to do so. Upon his bank-hard on him, but if it were a totally unreasonruptcy the client brought an action, in which, able fee, he would have his remedy over against on a reference to the Master, a sum of 1,8447. the arbitrator. The rule would therefore be was found to be due from the attorney, but in consequence of his keeping out of the way, the Master's award could not be enforced.

Macnamara in support.

The Court said, that as the client had proceeded by action, the rule could not be granted.

Court of Common Pleas.


An attorney brought an action in Paris on a bill of exchange which was not properly indorsed according to the law of France, and their client failed: Held, that they were not entitled to recover the costs of such action from him, and a rule was made ab. solute to reduce by that amount their verdict for their bill of costs in an action against


THIS was a rule nisi to reduce the damages in this action, which was brought by attorneys, to recover the amount of their bill of costs.

It appeared that to a part of the claim the defendant pleaded gross negligence by the plaintiffs in suing in Paris on his behalf on a foreign bill of exchange, which was not properly indorsed, according to the law of France and in which action he had therefore failed.


Griffiths v. Rigby. June 10, 1856.



On the trial of an action to recover rent reserved under a lease of a colliery so long as it should be "fairly workable," held that the Judge should have directed the jury as to the meaning of these words; and a rule was made absolute for a new trial, where this had not been done. THIS was an action to recover ten years' rent under a lease of a colliery in Flintshire, which was reserved so long as the colliery could be "fairly workable." On the trial before Erle, J., at the last Assizes for Flintshire, the question had been left for the jury, and this rule was obtained for a new trial on the ground of misdirection, in that the learned Judge should have directed the jury as to the meaning of the words "fairly workable."

Hayes, S. L., M'Intyre, and Coxon in sup


Bevan in support) said, that the learned Judge The Court (without calling on Welsby and should have put a construction on the language of the lease for the guidance of the jury, and the rule would accordingly be made absolute for a new trial.

The Legal Observer,



SATURDAY, JUNE 21, 1856.

THE JOINT-STOCK LIMITED LIA- of Commons affirmed that the Law of Part


nership required alteration, and that the principle of limited liability ought to be THE Joint-Stock Companies Bill, which adopted. Parliament, indeed, has no right passed the House of Commons after much to interfere with the free application of opposition, was read a second time in the capital; nor to subject men to an unliHouse of Lords on Monday last the 16th mited extent of liability which they never instant, and is now in Committee of the intended. It is, no doubt, just and fair whole House. It was opposed by Lord that the amount to which the partners or Overstone, amongst other grounds, because shareholders in any company intend to peril it excluded Banking and Insurance Companies and all other Companies of less than seven in number, from the privilege of limited liablity. We understood that these exceptions to the operation of the Bill were The Act in truth will remove impedimade for the purpose of meeting some of ments in the progress of trade and comthe objections raised by the opponents of merce. All companies numbering more the measure; but there is no hope of satisfying men who contend against the whole principle of the Bill, and assert that it will favour every description of fraud and imperil the commercial security of the


their private property should be stated and registered, so that all who deal with the company may know the amount for which each partner is responsible.

than 20 shareholders will be brought under the provisions of the Act, and where they are between 7 and 20 in number they will be permitted to avail themselves of its provisions upon setting forth the objects of the company, the number of shares, and its We have not heard that the Limited limited constitution. A registry will be esLiability Act of last year, though imperfect tablished, accessible to the public, and in its scope and some of its details, has ample provisions are made for winding up been productive of any of the evils which the company. The terms and conditions were so confidently predicted, and which of the partnership being made public, what are again repeated with reference to the ground of complaint can there be if the enimproved measure now before the House. terprize be unsuccessful?

These prognostications of fraud and ruin, It has been urged, however, that the which have not been realised, come now measure will promote undue and dangerous with weakened effect, and the House de- speculation. Admitting that speculation will cided by a majority of nearly four to one in be increased, that additional capital will be favour of the Bill. The question of limited invested, and enterprizes engaged in which liability has been under the discussion of are impeded by the present state of the Parliament for several years, and we have Law, we deny that the speculations will be the example of various parts of the Con- more dangerous than they are without the tinent (where the principle has been long rule of limited liability. The extent of the established) of its safety and sound commercial policy.

Three years ago a resolution of the House

After further experience, those excepted companies might be brought within the provisions of the Act.

VOL. LII. No. 1,476.

risk will be known. A man may embark 1,000l., but not his whole property. If unfortunate, he is not a bankrupt; he pays up his stipulated capital and there is an end to his responsibility. The Legislature cannot distinguish between safe and dangerous speculations. The merchant, manufacturer,



The Joint-Stock Limited Liability Bill.-New Statutes.

and trader must be left free to conduct his more right to complain if the debtor be unenterprizes on his own responsibility, guid- able to pay for the goods sold to him, than ed by his own skill and his own experience. the lender of money with which the busiThe proposition which has so often been ness is carried on. The creditor for goods put forward, with a sort of boastful feeling sold, does not give credit on the faith that of honesty, that a man who shares in the the capitalist who receives interest in proprofits of business must bear its losses, is portion to the profits will be liable. He for the most part fallacious. He does not knows nothing of him, and delivers the share unlimitedly in the profits; he shares merchandize on the sole responsibility of only in the proportion of his capital in- the trader. If he is not satisfied with such vested; and should therefore be liable only responsibility, he may require a guarantee; to his fair proportion of the loss. If the but without such guarantee, he has no right project be prosperous, he receives 10 or 20 to call upon a third party who was entirely per cent. on his capital. If disaster attends unknown to him at the time of the contract, the speculation, he loses his capital. True it is, that it must be known to all who deal with him that he intends to risk only a given amount of capital, either actually paid up and invested in the stock of the concern, or forthcoming whenever called for, and this information the Bill provides shall be truly given.

Let it be recollected also, that in most of these limited liability cases, the creditors are really benefited by the liability to which each partner is subject, and it is more for their interest that these limited amounts are made available, than by the present system, under which a monied man may make advances at any rate of interest,taking a security for repayment which may be enforced in priority of other creditors or at all events, in case of bankruptcy, he is entitled to a dividend along with the other creditors,-whereas if a partner, however limited his share, he must wait till all the creditors are paid in full, before he can receive anything, and it is only in the event of a surplus that he takes a share according to the amount of his capital.

The main object to be effected, under the provisions of the Joint-Stock Companies Bill, is that all limited companies be registered, the names of the partners or shareholders known, and the extent of liability of each duly recorded. It seems to us that this object will be effected under the Bill now before the House of Lords, and we trust that no material alteration will be made in its provisions.

The other Bill on the general Law of Partnership, applicable to companies where the members of them are less than seven, seems also to deserve the support of the Profession. According to the provisions of that Bill loans may be effected, with interest paid out of and in proportion to the profits, without subjecting the lender to the liability of a partnership; and here also it! may be observed, that the creditor has no

but who, instead of stipulating or lending
his money for an absolute 20 per cent. in-
terest, is satisfied with conditional interest
at 10 per cent. on the profits.



19 VICT. C. 22.

Duties to be chargeable on all insurances of property within the United Kingdom wheresoever made; sect. 1.

Persons insured chargeable with duties where insurances made by unlicenced foreign companies; s. 2.

All persons who shall as agents receive proposals, &c. for insurances by companies out of the United Kingdom deemed to be persons keeping an office for insuring property from loss by fire. Such persons required to take out licence and give security for payment of the duties. Penalty for neglect; s. 3.

Persons keeping offices for insurances on behalf of foreign companies to be chargeable with the duties on such insurances; s. 4.

Not to limit charge of duty under former Acts, nor to charge insurances exempted;

s. 5.

Re-insurances from loss by fire not to be chargeable with the per-centage duty, but with the policy stamp only; s. 6.

The following are the Title and Sections of the Act:

An Act to amend the Laws relating to the
Duties on Fire Insurances. [June 5, 1856.]
The preamble recites as follows:-

Whereas, under and by virtue of certain Acts passed in that behalf, persons insuring or keeping an office for insuring property from loss by fire are required to take out licences for that purpose from the Commissioners of Inland Revenue, and to give security by bond and paying the duty chargeable in respect for duly rendering accounts of such insurances

New Statutes effecting Alterations in the Law.

thereof, and a certain stamp duty is by law chargeable upon any policy or other instrument whereby any insurance is made of or upon property from loss or damage by fire, and a further duty at and after the rate of 38. per cent. per annum, is also chargeable in respect of every such insurance; And whereas a practice has been established of insuring from loss by fire property situate within the United Kingdom by foreign companies or by policies or insurances made abroad, and it is expedient that all such insurances should be subject to the same duties as the like insurances made by companies within the United Kingdom are now by law chargeable with: Be it therefore enacted as follows:


such insurance as aforesaid for or on behalf of any such company, society, or person or persons as aforesaid, or who shall issue or deliver out any policy or other instrument or any note or memorandum of or relating to any such insurance as aforesaid, made or proposed or intended, shall be held and deemed to be a person keeping an office for insuring property from loss by fire within the meaning of the several Acts before-mentioned, and shall be and is hereby required to take out a proper licence in that behalf, and to give security in the manner directed by the said Acts respectively, and in such form as the Commissioners of Inland Revenue shall think proper, for accounting for and paying the duties with which 1. The said respective duties by the said he shall be chargeable as hereinafter-menActs granted as aforesaid shall extend to and tioned; and if any such person hereby required be payable and paid for and in respect of every to take out such licence and to give such seinsurance of property situate within the United curity as aforesaid shall neglect or omit so to Kingdom from loss or damage by fire, whether do, he shall forfeit the sum of 1007., and the the same shall be made by any company, so-like penalty for every day that such neglect or ciety, or person or persons within or out of the omission shall continue. United Kingdom, and whether the policy or other instrument, note, or memorandum of or relating to any such insurance shall be made, signed, or issued in the United Kingdom or elsewhere, and whether there shall be any such policy, instrument, note, or memorandum, or


4. Every person who by reason of any such Act or means as in the preceding clause mentioned shall be deemed to be a person keeping such office as aforesaid within the meaning of this Act and the several Acts aforesaid shall account for and shall be chargeable with the duties in respect of all such insurances as afore2. Where any such insurance as aforesaid said made or undertaken or agreed to by any shall be made by any company, society, or company, society, or person or persons out of person or persons out of the United Kingdom, the United Kingdom for whom or on whose the person insured shall be chargeable with behalf or in respect of whose business of inthe duties payable in respect of such insurance, surance he shall do any such act as aforesaid, and shall pay the same to some agent of such or become a person keeping such office as company, society, or person or persons who aforesaid. shall be duly licensed as hereinafter-mentioned, 5. Provided always, That nothing herein or, if there be no such agent, then to the Re- contained shall extend to limit or restrict the ceiver-General of Inland Revenue, or some charging of the said duties under any former other officer appointed by the Commissioners Act now in force, or to charge with duty any of Inland Revenue to receive the same, setting insurance expressly exempted by any such forth the particulars of such insurance in such former Acts. form as the said Commissioners shall require, and in default of such payment the said duties shall be a debt due from him to her Majesty, her heirs and successors, and be recoverable in the manner provided by the 8th section of the Act passed in the 14 Vict. c. 97, or by any other mode by which any such debt may be recovered.

3. Every person in the United Kingdom who shall as agent receive or accept any proposal or instructions for the insurance of property from loss or damage by fire by any company, society, or person or persons out of the United Kingdom, or who shall keep or have or conduct or manage any office or place for accepting or receiving or issuing any such proposals or instructions, or who shall be held out by any public advertisement or notice, with his consent, as a person to or by or from whom any such proposals or instructions may be given or received or obtained, or through or by means of whom any such insurance as aforesaid may be affected, and every person who shall in any manner effect or negotiate or be concerned in effecting or negotiating any

6. And whereas a practice prevails amongst certain insurance companies, on their granting policies of insurance from loss by fire for large Sums, to procure from other companies, in consideration of portions of the premiums for such insurances, indemnity by way of guarantee in case of any such loss happening, against the payment of certain parts of the sums insured, and it is expedient to exempt such indemnity or guarantee from the yearly per-centage duties which would otherwise be chargeable in respect thereof as an insurance from loss by fire: Be it enacted, That where an insurance from loss by fire shall be made by any company who shall duly account for and pay the full and proper duties chargeable in respect thereof, the yearly per-centage duty shall not be payable in respect of any re-insurance effected by such company with any other company by way of indemnity or guarantee against the payment on the original insurance of any portion of the money insured thereby, and no other duty than the stamp duty of 1s. chargeable upon a policy of insurance from loss by fire shall be payable upon such re-insurance.

I 2



New Statutes.-Review: Woolrych on the Metropolitan Building Act.


19 VICT. c. 20.

The preamble recites the 7 & 8 Vict. c.

Section 25 of the said Act repealed; s. 1.
Compositions continued; s. 2.

The following are the Title and Sections of the Act:

An Act to continue certain Compositions payable to Bankers who have ceased to issue Bank Notes. [5th June, 1856.]

Whereas under sections 23 and 24 of the Act of the Session holden in the 7 & 8 Vict. c. 32, certain compositions are made payable by the Governor and Company of the Bank of England to bankers who have discontinued the issue of their own bank notes; and by section 25 of the said Act it is provided that all such compositions shall, if not previously determined by the Act of such banker as thereinbefore provided, cease and determine on the 1st day of August, 1856, or on any earlier day on which Parliament may prohibit the issue of bank notes: And whereas it is expedient to provide for the further continuance of such compositions: Be it enacted as follows: 1. Section 25 of the said Act shall be repealed.

2. All the compositions payable under the said Act as amended by this Act to bankers who have discontinued, or who shall agree with the said Governor and Company to discontinue, the issue of their own bank notes, shall, if not previously determined by the Act of such bankers as by the said Act provided, and unless Parliament shall otherwise provide, continue in force, and be payable until Parliament shall prohibit the issue of bank notes as defined by section 28 of the said recited Act, or until the exclusive privileges of the said Governor and Company mentioned in section 27 of the said Act shall be determined in pursuance of such section, or otherwise be determined or altered by authority of Parliament.


The Metropolitan Building Act, 18 & 19 Vict. c. 122; together with such Clauses of the 18 & 19 Vict. c. 120, the Metropolis Local Management Act, as more particularly relate to the Building Act : with Notes, a Glossary of Architectural Terms, and full Index. By HUMPHRY WILLIAM WOOLRYCH, Serjeant-at-Law. London: Stevens & Norton; H. Sweet; and W. Maxwell. 1856. Pp. 173. MR.SERJEANT WOOLRYCH is well known as the author of several useful works on

Rights of Common, on Inclosures, on the Law of Sewers, Ways, and Watercourses (besides Treatises on several other subjects),

and has now laid before the Profession an accurate edition of the Metropolitan Building Act, 18 & 19 Vict. c. 122, with Notes and such parts of the Metropolis Local Management Act, 18 & 19 Vict. c. 120, as relate to metropolitan buildings. Thus are brought together all the provisions of the law regarding the buildings of this vast city. The learned Serjeant has also given a general view of the Law of Building independently of the recent enactments.

The introduction to the work clearly explains the scope of the Statute. The Author says::

"Not satisfied with the Act of 1844, concerning Metropolitan Buildings, or deeming a change unavoidable, the Legislature has passed a Statute entirely new. The officers entrusted with its execution have been changed, the mode of building has been relaxed, the duties of the district surveyor have been defined afresh, and it has been endeavoured to place the rights and liabilities of building and adjoining owners upon a different footing.

"The Metropolitan Board of Works supersedes the Official Referee of 1844, and the Commissioners of Sewers, together with the Police Commissioners, have confided to their care the protection of the community from the evils of dangerous structures. The first portion of this Act regulates buildings in general. It begins by specifying some places which are not subject to the Act, as the Bank of England, the India House, &c. It then speaks of buildings new, altered, added to, or rebuilt. It then passes on to the structure and thickness of walls, prescribes what recesses and openings the walls may receive, and treats generally of the necessary constitution both of external and party walls.

"Roofs are to be erected with a view to security, and chimnies with their flues are especially dwelt upon with an evident regard to safety against fire.

"The cellerage and conveniences of rooms in the metropolis are lightly touched upon, and penalties are awarded against disobedience to the rules laid down.

"There are arches over and under public ways, and there are, moreover, party arches. It is provided that these shall be sufficiently substantial, and, if iron, that the district surveyor shall signify his approval of them.

"We next come to projections, and to the separation and union of buildings. Open and, to conclude this part of the subject, all spaces must be kept near dwelling-houses, public buildings (except those exempted by the 6th clause) are placed within the superintendence of the district surveyor and the metropolitan board.

"The duties of the district surveyor and the Powers of the metropolitan board are detailed or by salary, as the board may determine. But at length. The surveyor may be paid by fees there is an officer called the superintending

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