suit whatever, which such shareholder or company might have had, if such cause of action or suit had arisen with a stranger.

It is moreover provided and enacted, (s. 7,) that notwithstanding such incorporation, the several shareholders for the time being in the said banking business, and those who shall have been shareholders therein, and their several executors, administrators, successors and assigns, shall be and continue liable for all the dealings, covenants, and undertakings of the said company, subject to the provisions of the act, as fully as if the said company were not incorporated.

Bills of exchange aud promissory notes.-All bills of exchange and promissory notes made, accepted, or endorsed, on behalf of the company, may be made, accepted, or endorsed (as the case may be) in any manner provided by the deed of partnership, so that they be signed by one of the managers or directors of the company, and be by him expressed to be made, accepted, or endorsed on behalf of the company, but nothing contained in the act shall be deemed to make any manager or director liable upon any such bill of exchange, or promissory note, to any greater extent, or in a different manner, than upon any other contract signed by him on behalf of any of the company, and every such company on whose behalf any bill or note shall be so made, accepted, or endorsed, may sue and be sued thereon as fully as on any contract made under their common seal.

Payment of calls.-The directors may from time to time make such calls of money upon the shareholders, in respect of the amount of capital subscribed by them, as they shall think fit; and whenever execution upon any judgment against the company shall have been taken out against any shareholder, the directors, within twenty-one days next after such notice shall have been served upon the company, of any money paid by such shareholder, his executors or administrators, towards satisfaction of such judgment, shall make such calls upon all the shareholders as will be sufficient to reimburse to such shareholder, his executors, or administrators, the money, costs, and expenses so paid by him, and shall apply the proceeds of such calls accordingly; and every shareholder shall be liable to pay the amount of every call in respect of the shares held by him, to the persons and at the times and places from time to time appointed by the directors. And (s. 32) if before or on the day appointed for payment, any shareholder do not pay the amount of any call to which he may be liable, such shareholder shall pay interest for the same at the rate of 57. per cent. per annum from the day appointed for payment to the time of actual pay

ment. And (s. 33) shall be liable to an action at the suit of the company, for the recovery of the amount and interest. The act then provides for the form of the pleadings in such actions, (s. 34,) and the mode of proof (s. 35). And also for the forfeiture of shares in case of the nonpayment of calls as previously mentioned.

Execution against the shareholders.—Every judgment, decree, or order of any court of justice in any proceeding against the company may (s. 9) be executed against, and has the like effect on, the property and effects of the company, and also (subject to the provisions of the act) upon the person, property, and effects of every shareholder and former shareholder thereof, as if every individual shareholder and former shareholder had been by name a party to such proceeding. After judgment, moreover, has been obtained, and execution issued against the property and effects of the company, and such judgment remains unsatisfied, execution may be issued (s. 10) against the person, property, and effects of any shareholder; and if satisfaction of such judgment shall not then be obtained, against the person, property, and effects of any person who was a shareholder of the company at the time when the cause of action against the company arose. But it is provided, that no person having ceased to be a shareholder of the company shall be liable for the payment of any debt for which judgment shall have been obtained, for which he would not have been liable as a partner in case a suit had originally been brought against him for the same, or for which judgment shall have been obtained after the expiration of three years from the time when he shall have ceased to be a shareholder; nor is the plaintiff in any case to recover any other or greater sum than might have been recovered if the act had not been passed.

Contribution between present and former shareholders.-Every share'holder, against whom any execution on a judgment recovered against the company shall have issued, is to be reimbursed (s. 11) out of the property and effects of the company the full amount necessarily paid by him to get rid of such execution, and in default thereof by contribution from the other shareholders. And (s. 12) if any such execution be issued against any present or former shareholder of the company, and if, within fourteen days next after the levying of such execution, he is not reimbursed on demand out of the property and effects of the company, money, costs, and expenses necessarily paid or incurred by him in consequence of the execution, such shareholder, his executors or administrators, is to have execution against the property and effects of the company

in satisfaction of the amount so paid, which amount is to be ascertained by one of the masters or other officer of the court out of which the execution shall have issued, and is to be recovered (s. 13) by execution issued by leave of the court, or of a judge of the court, in which the judgment shall have been obtained in a mode similar to that provided by the 68th section of the Joint Stock Companies' Act as previously mentioned, (ante, ch. 19). And it is further enacted, (s. 14,) that if the shareholder be not by such means fully paid and satisfied, he shall be entitled to divide the amount thereof, or so much thereof as he shall not have been reimbursed, into as many equal parts as there shall then be shares in the capital stock of the company, (not including shares then under forfeiture,) and every shareholder for the time being of the company, and the executors or administrators of every deceased shareholder are in proportion to the number of shares which they may hold in the company, to pay one or more of such parts upon demand to the shareholder against whom such execution shall have been issued, or to his executors or administrators, and upon neglect or refusal so to pay, such shareholder, his executors or administrators, may sue for and recover the same. And it is further provided, (s. 15,) that if the shareholder or former shareholder against whom any such execution shall have issued, his executors or administrators shall, by reason of the bankruptcy or insolvency of any shareholder, or from any other cause, but without any wilful neglect or default on his own part, be prevented from recovering any proportion of the money, costs, or expenses so paid, he, his executors or administrators, shall be entitled again to divide the amount of what has not been recovered into as many equal parts as there shall then be shares in the capital of the company, (not including shares under forfeiture, nor the shares in respect of which such default shall have happened,) and every shareholder for the time being of the company, and the executors or administrators of every deceased shareholder, except as aforesaid, shall rateably, according to the number of shares holden by him, pay one or more of such last-mentioned parts, and in default thereof shall be liable to the same legal proceedings for the recovery thereof as are given by the statute in respect of the original proportions of such monies, costs, and expenses; and if any proportion of such monies, &c., shall still remain unpaid by reason of any such bankruptcy, insolvency, or other cause, such shareholder, his executors or administrators, shall have, in like manner from time to time and by way of accumulative remedy, the same powers, according to the circumstances of the case, of again dividing and enforcing payment of

the amount of such proportion until he or they shall in the end, if a former shareholder be fully reimbursed the whole of the said monies, costs, and expenses, and if then a shareholder the whole, excepting the portion belonging to the shares held by him.

Of the dissolution of the company.-Every company of more than six persons, carrying on the trade or business of bankers in England, is to be deemed (s. 48) a trading company within the provisions of the" act for facilitating the winding up the affairs of joint stock companies unable to meet their pecuniary engagements."

568

CHAPTER XXI.

CONTRACTS CONCERNING MARRIAGE - CONTRACTS OF MARRIAGE LIABILITIES RESULTING FROM ACTUAL AND REPUTED MARRIAGES.

SECTION I-Contracts concerning marriage.—Marriage brokerage contracts-Contracts in restraint of marriage-Wagers on marriage-Bonds and unilateral covenants to marry-Contracts of betrothment-Conditional promises of marriage-Marriage settlements - Promises of portions and settlements-Contracts in fraud of settlements-Ante-nuptial settlements-Post-nuptial settle

ments.

SECTION II.-The marriage contract.-Nature and requsites of the marriage contract-Marriage by banns-Marriage by ordinary license-Marriage by special license-Of the consent of parents and guardians-Marriage by certificate and license from the registrar-Celebration of the mar riage ceremony-Of the age of consent-Void marriages-Prohibited degrees of consanguinity and affinity-Non-compliance with the requisites of the marriage acts-Fraudulent celebration of marriage.

SECTION III.-Liabilities resulting from actual and reputed marriages.-Liability of the husband upon the wife's contracts made before and during marriage-Liability of the husband in respect of the wife's debts and engagements after separation - Separation by reason of adultery — Desertion of the husband by the wife-Desertion of the wife by the husband-Separation by mutual consent-Divorce a mensâ et thoro-Effect of a decree for alimony-Suspension of the coverture by temporary exile-Dissolution of the coverture by the natural or civil death of the husband-Liability of the surviving wife-Liabilities resulting from cohabitation-Contracts of kept mistresses.

SECTION I.

CONTRACTS CONCERNING MARRIAGE.

Marriage brokerage contracts. - Marriage brokerage contracts are contracts for the payment of money, or the conveyance of property, or the