Progress of Bills in Parliament.—London Corporation Bill.

455

one branch of the Profession-to the exclu- | Election of Aldermen and Common Councilmen. sion of the larger branch. The medical men are content to continue the higher grade as the College of Physicians, and the next as the College of Surgeons. The means of accurate registration of the members in actual practice, as well as their original qualification and fitness, should certainly be carefully provided, and we ought to have an authorised Medical List as we have a Clergy List and a Law List.

LONDON CORPORATION BILL.

THIS Bill for "the better Regulation of the Corporation of the City of London," com-mences with a recital that the corporation of the city of London is not subject to the provisions of the 5 & 6 Wm. 4, c. 76, "to provide for the Regulation of Municipal Corporations in England and Wales:" and states that it is expedient that provision should be made for the regulation of the corporation, and for the abolition of such customs and privileges of the city as injuriously affect trade and industry: it is therefore proposed to enact, as follows: '

Division of the City into Wards.

1

1. The city shall be divided into 16 wards; and it shall be lawful for such person or persons as may be appointed for this purpose, as herein provided, to determine and set out, within three months after the passing of this Act, the extent, limits, and boundary lines of such wards, and what portions of the city shall be included therein respectively; and a copy of the particulars of such division shall be forthwith transmitted to one of her Majesty's Principal Secretaries of State, and if her Majesty, by the advice of her Privy Council, approve of such determination, shall be published in the London Gazette; and the city shall, after such publication, be deemed to be divided into such wards so determined and set out, and such division shall continue and be in force until the same be altered by authority of Parliament. 2. One of her Majesty's Principal Secretaries of State shall appoint one or more fit person or persons to set out the wards into which the city is by this Act directed to be divided; and every person appointed to set out such wards shall be paid at a rate not exceeding the sum of five guineas for every day that he is employed by virtue of such appointment, and the amount shall be paid by the chamberlain of the city out of any moneys in the chamber of the city.

The more prominent clauses are given fully: the others concisely. The importance of the measure appears to require the notice of a large class of our readers.

3. Every male person of full age, and not subject to any legal incapacity, who occupies within the city, either solely, or jointly with any other person or persons, any house, warehouse, counting-house, office, chambers for is rated in respect of such premises to the business, shop, wharf, or other tenement, and police rate for the city as hereinafter mentioned, (that is to say,) in the case of a sole occupation is so rated in his own name on a net annual value of not less than 10%. per annum, and in the case of a joint occupation is so rated jointly with the other occupier or occupiers on a net annual value which when divided by the number of occupiers will give a sum of not less than 107. per annum for each such occupier, which such premises are situate for the time shall, if on the list of voters for the ward in being in force, be entitled to vote in any election of an alderman or common councilman or ward officer in such ward, and of auditors unany such list to be made in any year unless he der this Act; but no person shall be put on have occupied such premises for 12 months next preceding the 1st October in such year, and have been rated as aforesaid to every such police rate made during the time of such occushall be entitled to vote at any such election. pation; and no person, except as aforesaid,

4. Any person occupying within the city any house, warehouse, counting-house, office, chambers for business, shop, wharf, or other tenement, may claim to be rated to the said police rate in the rate for the time being, and in all rates to be thereafter made in respect of such premises, whether the landlord be or be not liable to be rated to the police rate in respect thereof; and upon such occupier so claiming, by notice in writing left at the office of the town clerk, and actually paying or tendering at such office the full amount of the last-made rate then payable in respect of such premises, the police committee of the corporation of London are hereby required to put the name of such occupier on the rate for the time being, and also, without further claim, to put his name upon every subsequent rate made during the time such occupier continues in the occupation of the same premises.

5. Compositions not to be disturbed, and landlord's liability not to be affected.

6. The premises in respect of the occupation and rating of which any person shall be entitled to be put on the list of voters for any ward, and to vote as aforesaid, shall not be required to be the same premises, but may be different premises in the same ward occupied in immediate succession during the period aforesaid.

7. Where any house, warehouse, countinghouse, office, chambers for business, shop, wharf, or other tenement in the city, comes to settlement, devise, or promotion to any any person by descent, marriage, marriage fice or office, such person shall be entitled to benereckon the occupancy and rating in respect of the occupany thereof by the person from or by

whom such house, warehouse, counting-house, | provisions of this Act, to be inserted therein, office, chambers for business, shop, wharf, or in respect of the qualification mentioned in such other tenement so comes to him as his own notice; and where the name of any person inOccupancy and rating, conjointly with the time serted in such list of voters has been duly obduring which he has since occupied and been jected to, and the person objecting appears by rated for the same, and shall, if otherwise himself, or by some one on his behalf, in supqualified as herein provided, be entitled to be port of such objection, and proves that he gave put on the list of voters and to vote as afore- the notice or notices required by this Act, the said in respect of such successive occupancy Court shall require proof that the person so and rating, and the rating in the name of the objected to was entitled on the 1st day of person previously occupying shall be consi-October then next preceding to have his name dered a sufficient rating of the successor until inserted in the list of voters in respect of the a new rate is made subsequent to such devo- qualification described in such list; and in lution of title as aforesaid. case the same be not proved to the satisfaction of the Court the Court shall expunge the name of such person from the said list, and the Court shall also expunge from the said list or lists the name of every person who is proved to the Court to be dead, and shall correct any mistake or supply any omission which is proved to the Court to have been made in any such list in respect of the name or place of abode of any person who is included therein, or in respect of the local description of the premises in respect whereof he is included in such list; and it shall be in the discretion of such Court to award such costs as they think reasonable to be paid by the party making an unsuccessful claim or objection.

8. Ward clerks to make lists of all persons entitled to vote in their respective wards.

9. In order to facilitate the making out and revising of such ward lists, every person having the custody of any book containing the police rate made during the current or any preceding year within the city shall, upon being required in writing under the hand of the alderman of any ward, or of the lord mayor, or of the presiding member of any Court of Revision, produce such book to and allow the same to be inspected by the ward clerk of any ward or at such Court.

10. Provision for case of death or incapacity of officer, and for the discharge of duties of ward clerk until the appointment of such officer.

11. Notices by persons omitted in ward lists, and claiming to be put thereon, and by persons objecting to others as not entitled to be thereon. Lists of claimants and persons objected to to be made by the town clerk. Recorder and Common Serjeant to revise List of Voters.

12. The recorder and the common serjeant, or one of them, shall hold an open Court, or each of them shall (simultaneously or otherwise) hold separate open Courts, within the city, for the purpose of revising the lists of voters for the said wards, between the 1st and the 15th days of November (both inclusive) in every year, three clear days' notice of the holding of such Court or of each of such Courts, having first been given by a paper signed by the town clerk and fixed on the Guildhall; and the town clerk shall at the opening of every such Court produce or cause to be produced the ward list or lists to be revised thereat, and a copy of the lists of the persons claiming and of the persons objected to, so made out as aforesaid; and the ward clerk and collectors of police rates of every ward shall attend the Court by which the list of such ward is to be revised, and shall answer upon solemn declaration all such questions as the Court may put to them respectively touching any matter necessary for revising the list of voters of such ward; and the Court by which any such list is revised shall insert in such list the name of every person omitted who is proved to the satisfaction of the Court to have given due notice of his claim to be inserted in such list, and to be entitled, according to the

13. Any person on the list of voters may object to claimants.

14. Application may be made to Court of Queen's Bench for a mandamus to put a person on the ward list.

15. Power of Court to adjourn, and to administer declarations, &c. Persons or person holding revision Courts to sign ward lists.

16. Lists to be kept by town clerk, and be in force from 1st December inclusive for one year.

17. Copies of lists to be sold.

An Alderman and five Common Councilmen to each Ward.

18. There shall be elected in each ward of the city on the day of and in every subsequent year, five common councilmen; and there shall also be elected in each such ward one alderman on the said day of

and on the said day of in any subsequent year in which the alderman for the time being elected for such ward goes out of office by reason of the determination by effluxion of time of his term of office.

19. On the day hereby appointed for the election in any year of any alderman or of common councilmen in any ward, the persons entitled to vote in such election shall meet at such place as may be appointed from time to time in this behalf by the lord mayor (of the appointment of which place such public notice shall be given as the lord mayor may direct), then and there to elect such alderman and common councilmen; and at such meeting such person as may be appointed in this behalf by the lord mayor shall preside, and shall at such meeting declare the names of the persons elected such alderman and common council

men by the majority of the votes at such meet- | no person shall vote for more than one person ing.

20. Provision for taking the poll at such elections.

21. No inquiry of the voter, except as to his identity, and whether he has voted before at the same election. Forms of questions.

22. The poll is to be declared within two days. Aldermen and Common Councilmen going out of Office.

day of all aldermen and common councilmen of the city, other than such persons as have been elected such aldermen and common councilmen at the first elections for the several wards of the city under this Act, shall cease to be such aldermen and common councilmen, and their duties and powers shall be determined, but the lord mayor of the city shall continue to hold his office, and to have and exercise all his duties and powers as lord mayor, until such time as he would have gone out of office if this Act had not been passed.

24. Manner of proceeding if a person be elected an alderman or common councilman in

aforesaid in any year shall go out of office on of election where not appointed in the Act. 32. Lord mayor to appoint time and place

the
year next following; and upon the
day of
and in every third suc-
ceeding year, one-half of the whole number of
aldermen to be elected under this Act shall go

year

following their election: Provided always, that

458

Law of Partnership. No. 2.—Amended Joint-Stock Companies Bill.

council, vote upon any question in which such company is interested, or vote on or take part in the discussion of any matter in which he has directly or indirectly, by himself or his partner, any pecuniary interest; and any person not disqualified by this Act from being elected such lord mayor, alderman, common councilman, or auditor, shall be capable of being so elected. 34. Ány alderman or common councilman, and any person who under this Act might be elected to be an alderman or common councilman of the city, shall be capable of being elected to be a sheriff thereof.

35. Lord mayor, sheriffs, aldermen, common councilmen, and auditors not to act until they have made a declaration of acceptance of office, and, where qualified by estate, of such qualification.

36. Every person not accepting office to pay a fine of 100%.

37. If any person holding the office of lord mayor, alderman, or common councilman for the city declare himself or be declared bankrupt or insolvent, or take or apply to take the benefit of or become subject to any Act for the relief of insolvent debtors, or make any composition with his creditors, or altogether absent himself from his duty for the period hereinaftermentioned, (that is to say,) for two months consecutively in the case of the lord mayor, or for six months consecutively in the case of an alderman or common councilman, unless prevented by illness or other reasonable cause, then and in every or any such case such person shall thereupon immediately become disqualified, and shall cease to hold the office of lord mayor, alderman, or common councilman,

LAW OF PARTNERSHIP, No. 2.

THIS Bill, as re-introduced by Mr. Lowe, provides as follows:

1. This Act shall not apply to the business of a banker.

2. The term “trader" shall include any person, partnership, company, or body corporate carrying on any trade, business, or undertaking.

3. No person making a loan to any trader shall be deemed to be a partner of or to be subject to any liabilities incurred by such trader by reason only that he receives as a compensation for such loan a portion of the profits made in any business carried on by such trader.

4. No person, being an agent or servant or person in the employ of any trader, shall be deemed to be a partner of or to be subject to any liabilities incurred by such trader, by reason only that he receives as a remuneration for his services as such agent or servant a portion of the profits made in any business carried on by such trader.

5. No person receiving by way of annuity or otherwise any portion of the profits made by any trader in his business shall by reason only of such receipt be deemed to be a partner of or to be subject to any liabilities incurred by such trader.

AMENDED JOINT-STOCK COM-
PANIES BILL.

THIS Bill has been reprinted. The follow

37. A. If any company registered under this Act carries on business when the number of its shareholders is less than seven, every person who is a shareholder in such company during the time that it so carries on business shall be severally liable for the payment of the whole debts of the company contracted during such time, and may be sued for the same without joining in the action or suit any other shareholder.

as the case may be, and the common council ing clauses marked A to N were added in shall thereupon forthwith adjudge the said Committee, and the clauses marked O to Q office vacant; but any person becoming dis-on re-commitment. qualified and ceasing to hold such office by reason of having made any composition with his creditors shall, on payment of his debts in full, be capable (if otherwise qualified) of being re-elected to such office; and any Act done by any such lord mayor, alderman, or common councilman so becoming disqualified as aforesaid, previously to his office being adjudged vacant as aforesaid, shall have the same force and validity as if such lord mayor, alderman, or common councilman had not been disqualified; and any event or Act which under this enactment would disqualify any person from continuing to hold the office of lord mayor, alderman, or common councilman shall disqualify any person who has held the office of lord mayor, from continuing a justice of the peace under this Act after such event or Act.

38. Penalty of 50l. on persons acting who are disqualified.

39. Penalty of 50%. on ward clerks and town clerks for neglect to comply with the provisions

of the Act.

40. Accounts of receipts and disbursements to be kept, audited, and published.

41. Accounts to be transmitted to Secretary of State, and abstract laid before Parliament. [To be continued.]

43. B. In any bond and disposition in security made according to the Scotch Law by any company registered under this Act there shall be implied the following obligations and undertakings (unless words expressly negativing such implication are contained therein); that is to say, an obligation on the part of the company to pay the money thereby secured, and interest thereon, at the time and rate thereinpower to convey the property declared to be mentioned; an undertaking that they have conveyed to the heritable creditor free from inexecute, at the expense of the company, in facumbrances; and an obligation to make and vour of the heritable creditor, or any person claiming through, under, or in trust for him, any further deed necessary to give effect and validity to the security; and if a power of sale

Amended Joint-Stock Companies Bill.

459

making rules of practice as is herein-before given to the Lord Chancellor of Great Britaiu as regards England; but until such rules are made the general practice of the Court of Session in suits pending in such Court shall, so far as the same is applicable, and not inconsistent with this Act, apply to all proceedings for winding-up a company, and official liquidators shall in all respects be considered as possessing the same powers as any trustee on a bankrupt estate.

is thereby given, such power shall imply an authority to sell by public auction or private contract, altogether or in parcels, and to make, rescind, or vary contracts of sale or re-sale, without being liable for loss, and also an authority to give effectual receipts for purchase moneys, and such bond and disposition in security may be in the form marked H. in the Schedule hereto, or as near thereto as circumstances admit, and shall be registered in the general or particular or burgh register of sasines, as the case may be, and being so re- 92. P. The Vice-Warden of the Stannaries gistered shall be equivalent to a bond and dis- may from time to time, with the approval of the position in security in ordinary form. Lord Chancellor of Great Britain, make such 45. C. In any disposition of heritable pro-general rules as may be necessary or expedient perty granted according to Scotch Law by any ocmpany registered under this Act there shall be implied, unless words expressly excluding such implication are contained therein, an obligation of absolute warrandice, and an obligation to complete the company's title at its own expense so far as necessary to validate or give full effect to such disposition, and an obligation to grant also at its own expense any further deeds | which may be necessary to render such disposition effectual.1

for the purpose of carrying into execution the powers conferred by this Act upon the Court of the said Vice-Warden; but, subject to such rules, the general practice of the said Court in cases within the jurisdiction thereof shall, so far as the same is applicable, and not inconsistent with this Act, apply to all proceedings under this Act; and any order made by the Vice-Warden of the Stannaries may be enforced in the same manner in which orders made in proceedings within the ordinary jurisdiction of such Court are enforced; and for the purpose of jurisdiction any company engaged in working in any mine within and subject to the jurisdiction of the Stannaries shall be deemed to be resident within the Stannaries, and at the place where such mine is situate.

74. O. Any such conveyance, mortgage, delivery of goods, payment, execution, or other act relating to property, as would, if made or done by or against any individual trader, be deemed in the event of his bankruptcy to have been made or done by way of fraudulent preference to any creditor of such trader, shall, if 93. H. Any two Commissioners of Bankmade or done, by or against any company re- ruptcy appointed by the Lord Chancellor of gistered under this Act, be deemed, in the Great Britain may, as respects the Courts of event of an order being made for winding-up Bankruptcy in England, and the Commissioners such company, to have been inade or done by of Bankrupt in Ireland may, as respects the way of fraudulent preference of some creditor Courts of Bankruptcy in Ireland, make rules of such company, and shall be invalid accord- as they respectively from time to time, but subingly; and for the purposes of this section the ject to the approval of the Lord Chancellors of presentation of a petition for winding-up a Great Britain and Ireland respectively, think company shall be deemed to correspond with fit, for the purpose of regulating the proceedthe filing of a petition for adjudication of bank-ings in such Courts for winding-up companies, ruptcy in the case of an individual trader.

80. E. As soon as the creditors are satisfied, the Court shall proceed to adjust the rights of the contributories amongst themselves; and to distribute any surplus that may remain amongst the parties entitled thereto, and for the purposes of such adjustment it may make calls on the contributories to the extent of their liability for payment of such sums as it deems necessary; and it may, in making a call, take into consideration the probability that some of the contributories upon whom the same is made may partly or wholly fail to pay their respective portion of the same.

81. F. The Court may make such order as to the priority and payment out of the estate of the company of the costs, charges, and expenses incurrred in winding-up any company as it thinks just.

91. G. In Scotland the Court of Session may, by Act of Sederunt, exercise the same power of

1 72. D. Power of Court of Chancery to remit winding-up to the district Court of Bankruptcy where compnay's office situate.

but, subject to such rules, the general practice of the Courts of Bankruptcy in England and Ireland respectively, in cases within the ordinary jurisdiction of such Courts, shall, so far as the same is applicable, and not inconsistent with this Act, apply to all proceedings under this Act, and any order made by any Commissioner of Bankruptcy in any such proceedings may be enforced in the same manner in which orders made in proceedings within the ordinary jurisdiction of such Court are enforced.

97. I. Notice of any special resolution to wind up a company voluntarily shall be given, as respects companies registered in England in the London Gazette, and as respects companies registered in Scotland in the Edinburgh Gazette, and as respects companies registered in Ireland in the Dublin Gazette.

99. Q. The voluntary winding-up of a company shall not prejudice the right of any creditor of such company to institute proceedings for the purpose of having the same wound-up by the Court.

106. K. The correctness of the statements contained in any document delivered to the re