« EelmineJätka »
Analysis of the New County Court Act.
ing goods seized, be paid in the first instance by the party on whose behalf any such proceeding is to be taken, before such proceeding is taken; and in default of the payment of any fees, payment thereof shall, by order of the judge, be enforced by such means as might be employed to recover any debt adjudged by the court to be paid; and a table of all fees shall be posted in some conspicuous place in every court house and in every registrar's office (s. 78).
The Commissioners of Her Majesty's Treasury, with the consent of the Lord Chancellor, may lessen or increase the fees which are specified in schedule C., or which are now payable on proceedings in the county courts, and may substitute other fees in lieu thereof, and may order new fees to be paid on any proceedings which are now or shall hereafter be authorised to be taken in such courts: provided that every such alteration in the scale of fees shall be notified to both Houses of Parliament within ten days from the commencement of the session next after such alteration (s. 79).
Costs. Where an action of contract is brought in one of her Majesty's superior courts of record to recover a sum not exceeding £20, and the defendant in the action suffers judgment by default, the plaintiff shall recover no costs, unless upon an application to such court or to a judge of one of the superior courts, such court or judge shall otherwise direct (s. 30).
With respect to proceedings in the county courts, in actions where the debt or damage claimed exceeds £20, the five county court judges mentioned in the section shall be empowered to frame a scale of costs and charges to be paid to counsel and attorneys, and from time to time to amend such scale; and such scale or amended scale, certified under the hands of such judges or any three or more of them, shall be submitted to the Lord Chancellor, who may allow or disallow or alter the same; and the scale or amended scale so allowed or altered shall, from a day to be named by the Lord Chancellor, be in force in every county court (s. 33).
With respect to such proceedings as are specified in the last preceding section, all costs and charges between party and party shall be taxed by the registrar of the court in which such costs and charges were incurred, but his taxation may be reviewed by the judge of the court, on the application of either party; and no costs or charges shall be allowed on such taxation which are not sanctioned by the scale then in force (s. 34).
With respect to such proceedings as are last hereinbefore specified, all costs and charges between attorney and client shall, on the application either of the attorney or client, but not otherwise, be taxed by the registrar of the court in which such costs and charges were incurred, but his taxation may be reviewed by the judge of the court, on the application of either party; and no costs or charges shall be allowed on such taxation which are not sanctioned by the scale then in force, unless the registrar shall be satisfied that the client has agreed in writing to pay them, in which case they may be allowed; and no attorney shall have a right to recover from his client any costs or charges in respect of such proceedings, unless they shall have been allowed, either on such taxation, or on the taxation of a master of a superior court of common law or of the Court of Chancery (s. 35).
Where in any action the debt or damage claimed shall not exceed £20, an attorney shall not be en
titled to recover from his client any further costs or charges in the conduct of such suit than those mentioned in the 9 & 10 Vict. c. 95, s. 91, unless upon taxation of costs the registrar be satisfied, by writing under the hand of the client, that he has agreed to pay further costs or charges; and in such case the registrar may allow any costs or charges not exceeding the amount which may have been so agreed to be paid (s. 36).
Until the scale of costs and charges, and the rules, orders, and forms mentioned herein, shall respectively be in force, the scale of costs and charges, and the rules, orders, and forms respectively in operation in the county courts at the time of passing this act, so far as the same are not inconsistent with this act, shall continue in force (s. 37).
Security for costs.-Where by this act, or any act relating to the county courts, a party is required to give security, such security shall be at the cost of the party giving it, and in the form of a bond, with sureties, to the other party or intended party in the action or proceeding: provided, that the court in which any action on the bond shall be brought may by rule or order give such relief to the obligors as may be just, and such rule or order shall have the effect of a defeasance of such bond (s. 70).
Deposit in lieu of security.-Where by this act or any acts relating to the county courts a party is required to give security, he may in lieu thereof deposit with the registrar, if the security is required to be given in a county court, or with a master of the superior court if the security is required to be given in such court, a sum equal in amount to the sum for which he would be required to give security, together with a memorandum, to be approved of by such registrar or master, and to be signed by such party, his attorney or agent, setting forth the conditions on which such money is deposited, and the registrar or master shall give to the party paying a written acknowledgment of such payment; and the judge of the county court, when the money shall have been deposited in such court, or a judge of the superior court when the money shall have been deposited in a superior court, may, on the same evidence as would be required to enforce or avoid such bond as in the last preceding section is mentioned, order such sum so deposited to be paid out to such party or parties as to him shall seem just (s. 71).
VIII. MISCELLANEOUS PROVISIONS.
Any acknowledgment to be made by any married woman of any deed under the 3 & 4 Wm. 4, c. 74, may be received by a judge of a county court in the same manner as such acknowledgment may be received by a judge of a superior court (s. 73).
Any affidavit to be used in a county court may be sworn before a judge or registrar of a county court, without the payment of any fee, or before a commissioner to administer oaths in Chancery in England, or a London commissioner to administer oaths in Chancery, or a commissioner for taking affidavits in any superior court, such commissioners respectively not being registrars, or before a justice of the peace (s. 58).
The expense of building, purchasing, or providing any messuages and lands for the purposes of the county courts, and of repairing, furnishing, cleaning, lighting, and warming the court houses and offices, and of payment of the salaries of the necessary servants for taking charge of such court houses and offices, and of supplying the courts and offices with law and office books and stationery, and of postage
Analysis of the New County Court Act.-Recent Statutes.
stamps, and the disbursements of the high bailiffs in conveying to prison persons committed by the county courts, and all other expenses incident to the holding of the courts, shall be paid by the Commissioners of Her Majesty's Treasury out of any moneys to be from time to time provided by Parliament for such purposes (s. 85).
at Lancaster and Court of Pleas at Durham in the same manner as other writs of certiorari of such counties palatine (s. 86).
Various enactments in former statutes are repealed by the 2nd section, for which see p. 268, ante. They relate to provisions amended by the present
Prisons. When any prison wherein any person committed by a county court may be confined is situated at any inconvenient distance, one of her Majesty's principal secretaries of state may direct NEW STATUTES EFFECTING ALTER
that persons committed by such court shall be confined in any other prison to which persons may be committed from any other county court, though such prison may be in a different county, district, &c. provided that no such order shall be made without the consent of the visiting justices; and every person so confined shall be supported at the expense of the county, district, city, borough, or place in which he shall have resided at the time of his committal (s. 74).
If any bond given under the provisions of any act relating to the county courts shall have been registered in the Court of Common Pleas in England, and the condition of such bond shall have been satisfied, the Commissioners of her Majesty's Treasury, by certificate under the hands of any two of them, may authorise the proper officer of the said court to enter up satisfaction on the record of such bond or obligation (s. 76).
Hundred court of Wirral abolished.-No action or suit shall be commenced in the Hundred or Wapentake Court of Wirral in the county of Chester, and the authority and jurisdiction of the court shall cease, and all actions or suits depending in the court shall be transferred, with all the proceedings thereon, to the county court for the district in which the respective defendants shall then reside; and such actions and suits shall be dealt with and decided, as to the costs of the same, as well as in other respects, according to the practice of the county court or of the said hundred court according to the discretion of the judge of the county court, which court shall, for the purpose of such actions or suits, be deemed to have all the power and jurisdiction possessed by the said hundred court before the passing of this act; and every person who is legally entitled to any franchise or office in or in respect of the said hundred court shall be entitled to make claim for compensation to the Commissioners of Her Majesty's Treasury within six months after the passing of this act; and the said commissioners, in such manner as they shall think fit, may inquire what was the nature of the franchise, the amount of the compensation; and the several compensations hereinbefore granted shall be paid out of monies to be voted by Parliament (s. 77).
Counties Palatine.-All the provisions of this act applicable to superior courts and judges thereof shall apply to the Court of Common Pleas at Lancaster and Court of Pleas at Durham, and the judges thereof respectively, being judges of one of the common law courts at Westminster, and all the provisions applicable to masters of superior courts shall apply to the respective prothonotaries of the Court of Common Pleas at Lancaster and Court of Pleas at Durham, and their respective deputies, acting in the execution of the duties of such officers; provided that any writs of certiorari to be issued by the order of such courts or of a judge thereof shall be issued out of the Chanceries of the Counties Palatine of Lancaster and Durham respectively, and shall be made returnable into the Court of Common Pleas
ATIONS IN THE LAW.
WHEREAS it is expedient to amend the act of the last session of Parliament, chapter one hundred and twenty-six, as hereinafter mentioned: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. So much of section nine of the said act as provides that every petty sessions for the purposes of that act shall be the petty sessions holden for a petty sessional division shall not extend or be applicable to petty sessions holden in or for the liberties of the Cinque Ports or any part thereof, or to any other liberty or place not forming and not being within a petty sessional division; and all the duties which under the said act should be performed by the clerks of assize as clerks of the Crown shall in the counties palatine of Lancaster and Durham be performed by the clerks of the Crown of those counties palatine (who are not clerks of assize); and all fees and emoluments heretofore payable to them for the performance of their duties as clerks of the Crown shall be and they are hereby abolished; and all the powers given and provisions made by the twentieth section of the said act for the payment of clerks of assize by salary in lieu of fees, in respect of their duties as clerks of the Crown, shall be and the same are hereby extended and made applicable to the payment by salary in lieu of fees and emoluments of the clerks of the Crown in the counties palatine of Lancaster and Durham, as well as to the payment of the expenses of their respective offices.
New Statutes effecting Alterations in the Law.-Regulations of Joint Stock Companies. 353
The following are the title, preamble, and sections of the act :
An Act to facilitate the Despatch of Business before Grand Juries in England and Wales. [July 14, 1856.].
WHEREAS it would expedite and improve the administration of criminal justice if persons attending to give evidence before grand juries were sworn in the presence of the jurors who are to act upon such testimony: be it therefore enacted by the Queen's most excellent majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. From and after the passing of this act it shall be lawful for the foreman of every grand jury empannelled in England and Wales, and he is hereby authorised and required, to administer an oath to all persons whomsoever who shall appear before such grand jury to give evidence in support of any bill of indictment, and all such persons attending before any grand jury to give evidence may be sworn and examined upon oath by such grand jury touching the matters in question; and every person taking any oath or affirmation in support of any bill of indictment who shall wilfully swear or affirm falsely shall be deemed guilty of perjury; and the name of every witness examined or intended to be so examined shall be endorsed on such bill of indictment; and the foreman of such grand jury shall write his initials against the name of each witness so sworn and examined touching such bill of indictment: provided, however, that nothing in this act contained shall affect any fees by law payable to any officer of any court for swearing witnesses, but such fees shall remain payable as if this act had not passed.
2. From and after the passing of this act it shall not be necessary for any person to take an oath in open court in order to qualify such person to give evidence before any grand jury.
3. The word "foreman" shall include any member of such grand jury who may for the time being act on behalf of such foreman in the examination of witnesses in support of any bill of indictment; and the word "oath shall include affirmation, where by law such affirmation is required or allowed to be taken in lieu of an oath.
REGULATIONS OF JOINT STOCK COMPANIES.
19 & 20 Vict. c. 47.
As to Shares.
1. No person shall be deemed to have accepted any share in the company unless he has testified his acceptance thereof by writing under his hand, in such form as the company from time to time directs.
2. The company may from time to time make such calls upon the shareholders in respect of all monies unpaid on their shares as they think fit, provided that twenty one days' notice at least is given of each call, and each shareholder shall be liable to pay the amount of calls so made to the persons and at the times and places appointed by the company.
3. A call shall be deemed to have been made at the time when the resolution authorising such call was passed.
4. If before or on the day appointed for payment any shareholder does not pay the amount of any call to which he is liable, then such shareholder
shall be liable to pay interest for the same at the rate of five pounds per cent. per annum from the day appointed for the payment thereof to the time of the actual payment.
5. The company may, if they think fit, receive from any of the shareholders willing to advance the same all or any part of the monies due upon their respective shares beyond the sums actually called for; and upon the monies so paid in advance, or so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect of which such advance has been made, the company may pay interest at such rate as the shareholder paying such sum in advance and the company agree upon.
6. If several persons are registered as joint holders of any share, any one of such persons may give effectual receipts for any dividend payable in respect of such share.
7. The company may decline to register any transfer of shares made by a shareholder who is indebted to them.
8. Every shareholder shall, on payment of such sum, not exceeding one shilling, as the company may prescribe, be entitled to a certificate, under the common seal of the company, specifying the share or shares held by him, and the amount paid up thereon.
9. If such certificate is worn out or lost, it may be renewed, on payment of such sum, not exceeding one shilling, as the company may prescribe.
9 a. The transfer books shall be closed during the fourteen days immediately preceding the ordinary general meeting in each year.
As to Transmission of Shares.
10. The executors or administrators of a deceased shareholder shall be the only persons recognised by the company as having any title to his share.
11. Any person becoming entitled to a share in consequence of the death, bankruptcy, or insolvency of any shareholder, or in consequence of the marriage of any female shareholder, or in any way other than by transfer, may be registered as a shareholder upon such evidence being produced as may from time to time be required by the company.
12. Any person who has become entitled to a share in any way other than by transfer may, instead of being registered himself, elect to have some person to be named by him registered as a holder of such share.
13. The person so becoming entitled shall testify such election by executing to his nominee a deed of transfer of such share,
14. The deed of transfer shall be presented to the company accompanied with such evidence as they may require to prove the title of the transferror, and thereupon the company shall register the transferree as a shareholder.
As to Forfeiture of Shares.
15. If any shareholder fails to pay any call due on the appointed day, the company may, at any time thereafter, during such time as the call remains unpaid, serve a notice on him, requiring him to pay such call, together with any interest that may have accrued by reason of such nonpayment.
16. The notice shall name a further day, and a place or places, being a place or places at which calls of the company are usually made payable, on and at which such call is to be paid: it shall also
Regulations of Joint Stock Companies.
state that in the event of non-payment at the time and place appointed the shares in respect of which such call was made will be liable to be forfeited.
17. If the requisitions of any such notice as aforesaid are not complied with, any share in respect of which such notice has been given may be forfeited by a resolution of the directors to that effect.
18. Any shares so forfeited shall be deemed to be the property of the company, and may be disposed of in such manner as the company thinks fit.
19. Any shareholder whose shares have been forfeited shall, notwithstanding, be liable to pay to the company all calls owing upon such shares at the time of the forfeiture.
22. The first general meeting shall be held at such time, not being more than twelve months after the incorporation of the company, and at such place, as the directors may determine.
23. Subsequent general meetings shall be held at such time and place as may be prescribed by the company in general meeting; and if no other time or place is prescribed, a general meeting shall be held on the first Monday in February in every year, at such place as may be determined by the directors.
24. The above-mentioned general meetings shall be called ordinary meetings; all other general meetings shall be called extraordinary.
25. The directors may, whenever they think fit, and they shall upon a requisition made in writing by any number of shareholders holding in the aggregate not less than one fifth part of the shares of the company, convene an extraordinary general meeting.
26. Any requisition so made by the shareholders shall express the object of the meeting proposed to be called, and shall be left at the registered office of the company.
27. Upon the receipt of such requisition the directors shall forthwith proceed to convene general meeting: If they do not proceed to convene the same within twenty-one days from the date of the requisition, the requisitionists, or any other shareholders holding the required number of shares, may themselves convene a meeting.
28. Seven days' notice at the least, specifying the place, the time, the hour of meeting, and the purpose for which any general meeting is to be held, shall be given by advertisement, or in such other manner, if any, as may be prescribed by the company.
29. Any shareholder may, on giving not less than three days' previous notice, submit any resolution to a meeting beyond the matters contained in the notice given of such meeting.
30. The notice required of a shareholder shall be given by leaving a copy of the resolution at the registered office of the company.
31. No business shall be transacted at any meeting except the declaration of a dividend, unless a quorum of shareholders is present at the commencement of such business; and such quorum shall be ascertained as follows; that is to say, if the shareholders belonging to the company at the time of the meeting do not exceed ten in number, the quorum shall be five; if they exceed ten there shall be added to the above quorum one for every five additional shareholders up to fifty, and one for every ten additional shareholders after fifty, with this limitation, that no quorum shall in any case exceed forty.
32. If within one hour from the time appointed for the meeting the required number of shareholders is not present, the meeting, if convened upon the requisition of the shareholders, shall be dissolved: In any other case it shall stand adjourned to the following day, at the same time and place; and if at such adjourned meeting the required number of shareholders is not present, it shall be adjourned sine die.
33. The chairman (if any) of the board of directors shall preside as chairman at every meeting of the company.
34. If there is no such chairman, or if at any meeting he is not present at the time of holding the same, the shareholders present shall choose some one of their number to be chairman of such meeting.
35. The chairman may, with the consent of the meeting, adjourn any meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
36. At any general meeting, unless a poll is demanded by at least five shareholders, a declaration by the chairman that a resolution has been carried and an entry to that effect in the book of proceedings of the company, shall be sufficient evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against such resolution.
37. If a poll is demanded in manner aforesaid the same shall be taken in such manner as the chairman directs, and the result of such poll shall be deemed to be the resolution of the company in general meeting.
As to Votes of Shareholders.
38. Every shareholder shall have one vote for every share up to ten; he shall have an additional vote for every five shares beyond the first ten shares up to one hundred, and an additional vote for every ten shares held by him beyond the first hundred
39. If any shareholder is a lunatic or idiot he may vote by his committee, curator bonis, or other legal curator; and if any shareholder is a minor he may vote by his guardian, tutor, or curator, or any one of his guardians, tutors, or curators, if more
40. If one or more persons are jointly entitled to a share or shares, the person whose name stands firs in the register of shareholders as one of the holders of such share or shares, and no other, shall be entitled to vote in respect of the same.
41. No shareholder shall be entitled to vote at any meeting unless all calls due from him have been paid, nor until he shall have been possessed of his shares three calendar months, unless such shares shall have been acquired or shall have come by bequest, or by marriage, or by succession to an
Regulations of Joint Stock Companies.
intestate's estate, or by the custom of the City of London, or by any deed of settlement after the death of any person who shall have been entitled for life to the dividends of such shares.
42. Votes may be given either personally or by proxies: A proxy shall be appointed in writing under the hand of the appointor, or if such appointor is a corporation, under their common seal.
43. No person shall be appointed a proxy who is not a shareholder, and the instrument or mandate appointing him shall be deposited at the registered office of the company not less than forty-eight hours before the time of holding the meeting at which he proposes to vote; but no instrument or mandate appointing a proxy shall be valid after the expiration of one month from the date of its execution.
As to Directors.
44. The number of the directors, and the names of the first directors, shall be determined by the subscribers of the memorandum of association.
45. Until directors are appointed, the subscribers of the memorandum of association shall for all the purposes of this act be deemed to be directors.
As to the Powers of Directors.
46. The business of the company shall be managed by the directors, who may exercise all such powers of the company as are not by this act or by the articles of association, if any, declared to be exercisable by the company in general meeting, subject nevertheless to any regulations of the articles of association, to the provisions of this act, and to such regulations, being not inconsistent with the aforesaid regulations or provisions, as may be prescribed by the company in general meeting; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been made.
As to the Disqualification of Directors. 47. The office of director shall be vacated,If he holds any other office or place of profit under the company;
If he becomes bankrupt or insolvent ;
But the above rules shall be subject to the following exceptions: That no director shall vacate his office by reason of his being a shareholder in any incorporated company which has entered into contracts with or done any work for the company of which he is director; nevertheless he shall not vote in respect of such contract or work; and if he does So vote his vote shall not be counted, and he shall incur a penalty not exceeding twenty pounds.
As to the Rotation of Directors.
48. At the first ordinary meeting after the incorporation of the company the whole of the directors shall retire from office; and at the first ordinary meeting in every subsequent year one third of the directors for the time being, or if their number is not a multiple of three, then the number nearest to one third, shall retire from office.
49. The one third or other nearest number to retire during the first and second years ensuing the incorporation of the company shall unless the directors agree among themselves, be determined by ballot in every subsequent year the one-third or
other nearest number who have been longest in office shall retire.
50. A retiring director shall be re-eligible.
51. The company at the general meeting at which any directors retire in manner aforesaid shall fill up the vacated offices by electing a like number of persons.
52. If at any meeting at which an election of directors ought to take place no such election is made, the meeting shall stand adjourned till the next day, at the same time and place; and if at such adjourned meeting no election takes place, the former directors shall continue to act until new directors are appointed at the first ordinary meeting of the following year.
53. The company may from time to time, in general meeting, increase or reduce the number of directors, and may also determine in what rotation such increased or reduced number is to go out of office.
54. Any casual vacancy occurring in the board of directors may be filled up by the directors, but any person so chosen shall retain his office so long only as the vacating director would have retained the same if no vacancy had occurred.
As to the Proceedings of Directors.
55. The directors may meet together for the despatch of business, adjourn, and otherwise regulate their meetings as they think fit, and determine the quorum necessary for the transaction of business: questions arising at any meeting shall be decided by a majority of votes: in case of an equality of votes the chairman, in addition to his original vote, shall have a casting vote: a director may at any time summon a meeting of the directors. 56. The directors may elect a chairman of their meetings, and determine the period for which he is to hold office; but if no such chairman is elected, or if at any meeting the chairman is not present at the time appointed for holding the same, the directors present shall choose some one of their number to be chairman of such meeting.
57. The directors may delegate any of their powers to committees consisting of such member or members of their body as they think fit; any committee so formed shall, in the exercise of the powers so delegated, conform to any regulations that may be imposed on them by the directors.
58. A committee may elect a chairman of their meetings if no such chairman is elected, or if he is not present at the time appointed for holding the same, the members present shall choose one of their number to be chairman of such meeting.
59. A committee may meet and adjourn as they think proper: questions at any meeting shall be determined by a majority of votes of the members present: and in case of an equal division of votes the chairman shall have a casting vote.
60. All acts done by any meeting of the directors, or of a committee of directors, or by any person acting as a director, shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such directors or persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a director.
61. The directors shall cause minutes to be made in books provided for the purpose,
(1). Of all appointments of officers made by the directors.