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Selections from Correspondence.-List of Local and Personal Acts.
in a certain parish on the alleged ground that it would | be of public advantage.
The company is empowered to sell exclusive right of burial in vaults in perpetuity, or for a limited period, for such price, and under such regulations and restrictions, and subject to such conditions, as the company may require.
The next section gives a form of grant under the company's seal of such exclusive right. Habendum to said A. B. in perpetuity, for the purpose of burial, subject to such rules, orders, and regulations as have been or shall from time to time hereafter be made by said company, for the management and regulation of the said cemetery and the catacombs or vaults therein. And every such conveyance shall be valid to vest the exclusive right of burial therein in perpetuity, subject to the payment of such fees as may be by the rules and regulations of the company payable on the interment of any corpse therein, and subject to such rules as may from time to time be made by the company for the better regulation of the said cemetry and the vaults.
Many individuals have purchased ground in the cemetry for the purpose of constructing a family vault, at a cost of some £1,000 an acre, and numerous vaults have been built accordingly, at an expense of £100, or perhaps £150. The charge for ground is 8s. per square foot!
They are, however, astounded at a demand being made by the company of £5 5s. on the interment of every adult in their own property, considering it an unreasonable, if not an extortionate, demand—a payment they never contemplated on their purchase of the ground.
Surely Parliament never contemplated allowing companies to charge ad libitum, and they must have meant that the charge should, in all cases, be reasonable, which that in question is clearly not.
At all events, the stringent powers conferred shew the necessity of the appointment of an efficient individual to control and correct these enormities.
Are the companies justified in charging a sum of £5 5s. for the interment of every adult, or would a court of law limit the charge to a reasonable sum?
VALIDITY OF NOTICE TO QUIT.
A., a nurseryman and market gardener, holds his nursery and garden ground of B., at a certain annual rent, which he pays half-yearly. There is no agreement in writing. The tenancy commenced many years ago at Michaelmas.
At 10 a.m. on Michaelmas-day last, A. received the subjoined notice from B.:
"I hereby give you notice, and require you to quit and deliver up to me the possession of the land, buildings, and hereditaments you hold of me as tenant, situate in the parish of in the county
at the expiration of the year of your tenancy, which shall expire at or next after the end of one half-year from the date hereof. Dated this 29th September, 1856. "B."
Is this a good notice to quit at Michaelmas, 1857, or at what other time?
I have some recollection of a case at the Sussex Assizes, above twenty years ago, wherein the judge, discarding these general notices, held that a specific day, corresponding with the holding, must be stated in the notice to quit. In that case, if I mistake not, the fact was, that a notice had been given to quit in general terms on the day (without naming it spe
cifically) on which the current year of the tenancy would expire.
I am not aware that there is any difference between nursery ground, in which immense numbers of trees are planted, and grass land, as regards notice to quit, although the tenant considers that he is entitled to mises, according to the custom of the trade. two or three years' notice to quit the nursery preC.
COPYHOLD NOTICE TO QUIT.
C., who holds of D. a house from Lady-day, as a yearly tenant, received, on the morning of 29th September, a notice to quit at Lady-day.
C. contends that he is entitled to half a year's notice to quit, irrespective of the usual quarter days that is to fall, half of 365 days being 183; and inasmuch as there are only 177 days from Michaelmasday to Lady-day, he considers the notice insufficient. Is the notice valid or not? Crvis.
LIST OF LOCAL AND PERSONAL
DECLARED PUBLIC, AND TO BE JUDICIALLY
19 & 20 Vict.
1. AN Act to enable the London Dock Company to raise a further Sum of Money.
An Act for supplying with Gas the townships of Knottingley and Ferrybridge in the West Riding of the County of York.
3. An Act to extend the Period limited for the Exercise of the Powers of the Colonial Bank; and for other Purposes.
4. An Act for lighting with Gas the Borough of Weymouth and Melcombe Regis, and its Neighbourhood, in the County of Dorset; and for other Purposes.
An Act for vesting in the Mayor, Aldermen, and
6. An Act for incorporating the Lancaster Gaslight
8. An Act to enable the Southport Waterworks
9. An Act for the better supplying with Gas the Parish of Gainsborough in Lincolnshire.
An Act for enabling the Company of Proprietors of Lambeth Waterworks to raise further Money, and for other Purposes.
11. An Act for effecting certain Alterations in the
12. An Act to enable the Lincoln Waterworks Com-
Railway Company, and for the making of the
London and Blackwall Railway Companies to raise a further Sum of Money for the Purposes of the London, Tilbury, and Southend Extension Railway; to amend the Acts relating to such Undertaking; and for other Purposes. 16. An Act for making a Railway from the Wilts, Somerset, and Weymouth Railway, near Frome, to Shepton Mallett in the County of Somerset. 17. An Act to confirm an Award for the Settlement of Matters in difference between the University and Borough of Cambridge, and for other Purposes connected therewith.
18. An Act to enable the Ulster Railway Company to subscribe towards the Undertaking of the Portadown and Dungannon Railway Company, and to authorise certain Arrangements between the said Companies, and for other Purposes. 19. An Act for supplying with Water the Town of Filey and the Environs and Neighbourhood thereof, and other Places in the East and North Ridings of the County of York, and for authorising the Purchase of the Filey Gasworks, and for supplying the said Town with Gas; and for other Purposes.
20. An Act to empower the Wakefield Gaslight Company to raise a further Sum of Money. 21. An Act for incorporating the Worksop Gas Company.
22. An Act to amend and extend the Provisions of "The Llanidloes and Newtown Railway Act, 1853." and to enable the Llanidloes and Newtown Railway Company to make certain Deviations in their authorised Line and Levels, and for other Purposes.
23. An Act to confer further Powers on the Boston Gaslight and Coke Company.
24. An Act to enable the East of Fife Railway Company to make a Deviation in the Line of their Railway, and for other Purposes.
25. An Act for continuing the Term and amending and extending the Provisions of the Act relating to the Leicester and Welford Turnpike Road, in the Counties of Leicester and Northampton. 26. An Act for more effectually paving, cleansing, lighting, and otherwise improving the Town of Gravesend in the County of Kent. 27. An Act to enable the Scarborough Waterworks Company to raise a further Sum of Money, and to extend the Limits for the Supply of Water, and to amend the Provisions of the Act relating to such Company.
28. An Act to repeal the Acts relating to the Sleaford and Tattershall Turnpike Road, and to make other Provisions in lieu thereof.
29. An Act to confer further Powers on the Bath Gaslight and Coke Company.
30. An Act to confer further Powers on the Cheltenham Gaslight and Coke Company.
31. An Act for continuing the Term and amending the Provisions of the Act for making and maintaining a Turnpike Road from the Town of Crowland in the County of Lincoln to the Town of Eye in the County of Northampton.
32. An Act to extend the Municipal Boundaries of the City of Edinburgh, to transfer the Powers of the Commissioners of Police to the Magistrates and Council, and for other Purposes relating to the Municipality of the said City.
33. An Act to authorise the Cork and Youghal Railway Company to extend their Railway into Cork, and for other Purposes.
34. An Act for altering the Name of the Banbridge,
Newry, Dublin, and Belfast Junction Railway Company to the Name "The Banbridge Junetion Railway Company," for increasing their Capital and extending their Powers, and for other Purposes.
35. An Act for enlarging and improving the Justiciary Court House, and Court Houses and Public Buildings of the City of Glasgow and County of Lanark, for erecting additional Buildings, for amending the Act relating thereto, and for other Purposes.
36. An Act for making better Provision for supplying the Districts of Dewsbury, Batley, and Heckmondwike with Water, and for confirming an Agreement between the Local Boards of Health of those Districts; and for other Purposes. An Act for the Continuance and Regulation of the Kettering and Newport Pagnell Turnpike Road Trust.
38. An Act to amend the Provisions and extend the Limits of the Act relating to the City of Coventry Gaslight Company.
39. An Act to authorise the making of a Turnpike Road from the Township of Thornaby to Middlesbrough in the North Riding of the County of York, with a Bridge over a Creek or Arm of the River Tees, and for other Purposes. 40. An Act to authorise the making of a Railway from the Great North of Scotland Railway to Alford in the County of Aberdeen, to be called The Alford Valley Railway."
41. An Act to amend "The Saint Ives and West Cornwall Junction Railway Act, 1853."
42. An Act to make further Provision for supplying with Water the Borough of Shrewsbury in the County of Salop.
An Act to amend an Act passed in the 7th and 8th Years of the Reign of His late Majesty King George the Fourth, intituled an Act to alter, amend, and enlarge the Powers and Provisions of an Act relating to the Road from Barnsdale through Pontefract to Thwaite Gate near Leeds in the West Riding of the County of York, and to continue the Term thereby granted.
An Act for regulating the Capital of the Fleetwood, Preston, and West Riding Junction Railway Company, for making further Provision with respect to Tolls to be taken on the Railway, and for other Purposes.
45. An Act for making a Railway from the Chester and Holyhead Railway at or near to Rhyl in the County of Flint to the Town of Denbigh in the County of Denbigh, to be called "The Vale of Clwyd Railway."
46. An Act to discontinue the taking of Toll on the Turnpike Roads leading from the Town of Antrim towards Coleraine, and to provide for the future Maintenance of such Roads. 47. An Act to amend and consolidate the Acts relating to the Shrewsbury and Hereford Railway Company, to enable that Company to raise further Sums of Money, to acquire additional Lands; and for other Purposes.
List of Local and Personal Acts.
Cork Improvement Act, 1852; and for other Purposes. 49. An Act to amend and extend the Provisions of the several Acts relating to the Knaresborough and Green Hammerton Turnpike Road in the County of York, and to create a further Term therein; and for other Purposes.
50. An Act to amend and extend the Provisions of the Act relating to the Knaresborough and Pateley Bridge Turnpike Road, and to create a further Term therein, and for other Purposes. 51. An Act for regulating the Capital and Mortgage Debt of the Eastern Counties Railway Company; and for other Purposes.
52. An Act for extending the Time for the Completion of the Works authorised by The Hampstead Junction Railway Act, 1853." 53. An Act for making a Railway from Lowestoft to join the East Suffolk Railway in the Parish of Beccles, all in the County of Suffolk, and for other Purposes connected therewith.
34. An Act to enable the Midland Railway Company to raise additional Capital, and for other Purposes.
55. An Act for more effectually repairing the Road from Barnby Moor in the County of Nottingham to Maltby in the County of York, and from Whiston to Rotherham in the said County of York.
56. An Act for better paving the City of Glasgow, and for other Purposes in relation to the Statute Labour of the said City.
57. An Act for the Transfer of the Wolverhampton Waterworks to the Wolverhampton New Waterworks Company, and for other Purposes. 58. An Act for repairing the Road from Blackburn in the County Palatine of Lancaster to Addingham and Cocking End in the West Riding of the County of York, and the Road from Old Accrington to its Junction with such Road in Habergham Eaves in the said County of Lan
59. An Act to incorporate "The West Ham Gas Company," to enable them to raise further Money, to confirm a Contract between the said Company and the Commercial Gas Company; and for other Purposes.
60. An Act to continue the Honiton and Sidmouth Turnpike Trust, and for other Purposes. 61. An Act for making a Railway from the Chappel Station of the Colchester, Stour Valley, Sudbury, and Halstead Railway to Halstead in the County of Essex, and for other Purposes. 62. An Act to incorporate "The Wandsworth and Putney Gaslight and Coke Company," and for other Purposes.
63. An Act to authorise the North British Railway Company to raise more Money, and to build a Bridge over Leith Wynd in Edinburgh, and for other Purposes.
64. An Act for more effectually repairing the Road from Penrith to Cockermouth, and other Roads connected therewith, and for making and maintaining several new Roads, all in the County of Cumberland.
65. An Act to consolidate the Drainage Trusts in Deeping Fen in the County of Lincoln, and for other Purposes relating to the said Fen.
66. An Act for more effectually repairing certain Roads in the County of Chester, of which the Short Title is "Stockport and Warrington Road Act, 1856."
67. An Act for enlarging and improving the Elgin and Lossiemouth Harbour, for raising a further Sum of Money, and for other Purposes. 68. An Act to enable the Carmarthen and Cardigan Railway Company to make a Deviation of a Portion of their Line of Railway, and to abandon Parts thereof, and to grant further Powers to the Company; and for other Purposes. 69. An Act to enable the Luton, Dunstable, and Welwyn Junction Railway Company to alter the present authorised Junction of their Railway with the Leighton Buzzard and Dunstable Branch of the London and North-western Railway; and for other Purposes.
70. An Act for incorporating the Scottish Drainage and Improvement Company, and to afford greater Facilities for the Improvement of Land in Scotland.
71. An Act for making a Railway from Lymington in the County of Southampton to the London and South-western Railway at Brockenhurst in the same County, to be called the " 'Lymington Railway," with a Landing Place at Lymington aforesaid, and for other Purposes.
72. An Act to repeal the Acts relating to the Brough and Eamont Bridge Turnpike Road, and to make other Provisions in lieu thereof. 73. An Act to renew the Term, and continue, amend, and enlarge the Powers, of an Act passed in the Third Year of the Reign of His Majesty King George the Fourth, intituled An Act for repairing and amending the Roads from Donington High Bridge to Hale Drove, and to the Eighth Milestone in the Parish of Wigtoft, and to Langret Ferry in the County of Lincoln. 74. An Act for supplying with Water the Inhabitants of Clay Cross, and the neighbourhood, in the County of Derby.
An Act for making a Railway from Sittingbourne to Sheerness, all in the County of Kent; and for other Purposes.
76. An Act to enable the Eastern Counties and London and Blackwall Railway Companies to extend the London, Tilbury, and Southend Extension Railway to the London and Blackwall Railway, with Branches therefrom, and to authorise certain Arrangements with reference thereto; and for other Purposes.
77. An Act to authorise the Division of the borough of Middlesbrough into Wards; to enable the Local Board of Health of the District of Middlesbrough to purchase Gasworks and light the District, and to enlarge the Market Place; to enable the Corporation to establish a public Wharf, and a Passage over the River Tees; to confer other Powers on the Local Board and the Corporation; and for other Purposes. 78. An Act for the better Supply of the Town of Torquay and the Neighbourhood thereof with Water, and for other Purposes.
79. An Act for making a Railway from Yarmouth to the East Suffolk Railway in the Parish of Haddiscoe, with a Branch Railway connected therewith, and for other Purposes.
An Act to sanction a Supply of Water to the
81. An Act to attach further Advantages to certain Portions of the Capital of the Eastern Union Railway Company.
An Act to repeal An Act for amending and maintaining the Turnpike Road from Bawtry,
Notes of the Week.-Analytical Digest of Cases: House of Lords' Appeals.
through the Town of Tinsley, to the Road from Rotherham to Sheffield, in the West Riding of the County of York, and to make other Provisions in lieu thereof.
83. An Act for continuing the Term and amending and extending the Provisions of the Act relating to the Godley Lane Turnpike Road in the West Riding of the County of York.
84. An Act to repeal the Act relating to the Turnpike Roads from Halifax to Huddersfield in the West Riding of the County of York, and to grant a further Term in the said Roads, and further Powers for the Management thereof, and other purposes.
(To be continued.)
NOTES OF THE WEEK.
LECTURE ON TRUTH.
IT is highly gratifying to notice the exertions made by eminent men for the improvement of the humbler classes of society. The judges and other eminent lawyers are ready to join in these laudable undertakings for the general good. They often preside at meetings for these objects: witness their eloquent advocacy at the annual meetings of the United Law Clerks' Society. We are glad to announce that ViceChancellor Sir W. Page Wood has consented to deliver a lecture at Exeter Hall on Tuesday, 11th November, being the first of a series given in aid of the Young Men's Christian Association. The subject of the Vice-Chancellor's lecture is "Truth and its Counterfeits."
FIRST DAY OF TERM.
The Lord Chancellor will receive the judges, Queen's counsel, &c., on Monday, the first day of Michaelmas Term, at his lordship's residence, Upper Brook-street, at twelve o'clock.
DEATH OF MR. CLARKSON.
We regret to record the death of Mr. Clarkson, the eminent criminal law barrister, and the recorder of Faversham, on Friday, the 24th October, at Brighton. He was called to the bar by the Hon. Society of Lincoln's Inn on the 7th February, 1823.
Much confusion has been created by letters marked "registered" being deposited in the letter boxes instead of being given in at the windows of the Postoffice, and proper receipts obtained. In order to discourage this practice, on and after the 1st of Nov. next, all such letters will be liable to a registration fee of one shilling, in addition to the proper amount
of postage. The amount of this fee, or such portion of it as may not have been prepaid, will be charged to the person to whom the letters are addressed. We understand that if the regulations be observed in delivering registered letters at the Post-office, and obtaining a receipt, the usual charge of sixpence only will be made. This regulation is just and reasonable. Those who abuse the convenient plan of registered letters ought to be fined.
Mr. P. Carnegy, deputy collector and deputy magistrate at Allahabad, has been appointed an assistant commissioner of the second class in the province of Oudh, East Indies.
Mr. R. G. Melvill has been appointed an assistant commissioner of the second class in the Punjaub, East Indies. Civil Service Gazette.
Mr. Edward Herbert Bunbury has been appointed secretary to the Cambridge University Commission. The Queen has been pleased to appoint Aston Davoren, Esq., Chief Justice of the Islands of St. Christopher, to be Chief Justice of the Island of Nevis.
Her Majesty has also been pleased to appoint Charles Douglas Steward, Esq., Attorney-General of the Island of St. Vincent, to be a member of the Executive Council of that Island. From the London Gazette, 24th October.
Mr. Mark Perrin, son of Judge Perrin, has been appointed Secretary to the Lord Chancellor in Ireland, in the room of Mr. Maziere Brady, who has been appointed Clerk of Affidavits, in succession to Mr. Hogan, who retires on two thirds of his salary. The emoluments of Mr. Brady's new office amount to £600 per annum, and the situation is one for life.-Times.
The new Judge of Appeal, the Right Honourable Francis Blackburne, ex-Chancellor of Ireland, has been appointed Lord Justice of the New Court of Appeal, Ireland, under the act of last session.
Mr. Charles Kingdon, solicitor, has been appointed Registrar of the Holsworthy County Court, in the room of Mr. John Darke, deceased.
Mr. George Graham White, solicitor, has been appointed Registrar of the Launceston County Court, in the room of Mr. John Darke, deceased.
Mr. Alfred Clark, solicitor, has been appointed Clerk to the Governors of Moulton (near Spalding) Endowed Schools.
Mr. Charles William Moore, solicitor, has been appointed coroner of Tewkesbury, in the room of Joshua Thomas.
LEGAL EXAMINATION DISTINCTIONS.
We understand that no alteration will be made in the regulation, limiting the intended prizes to candidates under the age of twenty-six.
Analytical Digest of Cases: House of Lords' Appeals.
notice to the directors, and on the consent thereto of a board of directors, such consent to be signified by a certificate in writing signed by three directors at the least. If such consent was refused the shareholder might require the directors to buy his shares at the market price of the day. After a consent given the name of the transferree was entered in the share register book, and the entry there was conclusive against him. No shareholder could compel an inspection of the books of the company. S. was a shareholder; he desired to transfer his shares to different individuals, and he sent the proper notices to the directors; he received back consents signed by three directors, on which he completed the transfers; the transferees' names were entered in the share register book; and the returns made to the Stamp Office under the 7 Geo. 4, c. 46, omitted the name of S. from the list of shareholders, and inserted it in the list of those who had ceased to be shareholders. The transferees afterwards received the regular notices of meetings, &c. The directors subsequently sought to impeach these transfers on the ground that the notices had never been submitted to a "board of directors," nor the consents given by such "board," but that the consents had merely been examined by the managing director alone then signed by him and afterwards signed by two other directors. It appeared that this mode of transacting the business of the company had existed ever since the formation of the company.
Held, affirming a judgment of the Master of the Rolls, that such being the case the directors could not in this instance set up their own want of observance of the formalities required by the deed as a ground on which to fix S. with liability as a continuing shareholder; their course of dealing bound them, and he was released.
A creditor of the company had sued the company and obtained judgment, and then at the desire of the directors, had issued a sci. fa. against S.; S, obtained an injunction to prevent the creditor from enforcing the judgment as against S.
Per Lord St. Leonards, where a company has, under the act 7 Geo. 4, c. 46, made use of a creditor to proceed against a person, as a shareholder, when that person ought not properly to be placed in that position, he is entitled to relief.
If directors of a company do acts in a matter in which they have no authority, these acts are null and void; but if they neglect the acts which are within their authority, and which they ought to perform, neither a court of law nor of equity will allow them afterwards to take advantage of their own neglect.-Bargate v. Shortridge, 5 H. of L. 297.
BILL OF EXCEPTIONS.
See Venire de novo.
And warrant of attorney-Contract in consideration of marriage-Statute of Frauds.-W. M. had given a bond and warrant of attorney to secure the repayment of a sum of money. Judgment had been entered up, but not executed; the bond and warrant of attorney came into the possession of L. as personal representative of the original obligee. She was on terms of affectionate friendship with W. M., and often said that he had been unfairly treated, in being made to enter into these securities. L. had in early life received from the father of W. M. a conveyance of some property in India; the deed of conveyance
was expressed to be for a consideration of 10,000 rupees. In truth the money consideration was, if any, a debt of 1,200 rupees; the rest was a purely voluntary gift, and no money whatever passed when the conveyance was executed. W. M. was about to marry, and when his marriage was in contemplation, discussions arose about the bond and warrant of attorney. W. M.'s father told L. that he was advised, if she did not abandon the claim on the bond and warrant of attorney against his son, to execute a deed which would put an end to the conveyance of this Indian property as a voluntary conveyance made without consideration. In his depositions, he said that L. promised not to enforce the bond and warrant of attorney, if he would abstain from interfering with the conveyance. Other evidence was given of declarations by her, that she "had abandoned" the claim, and of a promise, often repeated, that she would never trouble W. M. about it.
Held, that this promise, if it constituted a contract, was not a contract "in consideration of marriage," so as to bring it within the words of the Statute of Frauds. Jordan v. Money, 5 H. of L. 185.
Fraudulent sale of stock by secretary—Liability of trustees Negligence Misdirection.-Trustees of a charity in Dublin, incorporated by act of Parliament, and having a common seal, possessed stock in the public funds, which stock was in Ireland, registered in the Bank of Ireland. G., the secretary of the incorporated trustees, was allowed to have the seal in his possession. Five several powers of attorney prepared in different years, sealed with the seal of the incorporated trustees, the due affixing of which seal was attested by witnesses, who, though without any fraudulent intention, attested what was not true, since the seal was affixed by the unauthorised acts of the secretary alone, were presented to the bank, and the stock was transferred. The facts were afterwards discovered, and G., the secretary, was indicted and convicted. By a power of attorney duly executed, the trustees then authorised C. to transfer the stock, but the bank refused to make the transfer. An action was brought by the trustees on this refusal; the judge who tried the cause told the jury that if, under these circumstances, the trustees had so negligently conducted themselves as to contribute to the loss, the verdict must be given for the bank. On exceptions for this direction: Held, that it was wrong. Bank of Ireland v. Evans' Charity Trustees, 5 H. of L. 389.