RAILWAY-DEBT FOR CALLS CALLS PAYABLE BY INSTALMENTS. Ambergate Railway Company v. Norcliffe (in error), 20 Law Journ. Exch. 234. THE question, whether directors of a company, in making calls payable by instalments, legally exercise their statutory powers, has received the decision of the Court of Exchequer Chamber, and the validity of such calls may be taken to be clearly established. Against their validity was the decision of the court below in the present case, which was followed by the same court in the case of Ambergate, &c. Railway Company v. Coulthard (19 Law Journ. Exch.311). In favour of their validity, a decision of the Court of Queen's Bench in The Architects' Insurance Company v. Wilson (16 Law Times, 124), which the Court of Exchequer, in two recent cases in which they gave judgment simultaneously, followed in preference to its former decisions, distinguishing, however, the case of Ambergate, &c. Railway Company v. Coulthard, as supportable (although not decided on that ground), inasmuch as in it the action was brought before the second instalment was due. It would seem, therefore, that although a call made by instalments be good, yet, except in its bearing upon the question of interest, little is gained by making the first instalment payable on an earlier day than the second; for if the shareholders are not willing to pay, no proceedings can be taken to compel them to pay before the day for the payment of the last instalment arrives. Of other special defences to the statutory action for calls we may notice bankruptcy, which, in the case of the South Staffordshire Railway Company v. Burnside (20 Law Journ. Exch. 120), was held to be no defence. This decision, however, went only upon the construction of the 6 Geo. IV. c. 16, ss. 51, 56, and a new description of contingent claim is made provable for by the 178th section of the Consolidation Act. As to another defence, that of infancy, there have been several decisions, (the latest being the London and North Western Railway Company v. M'Michael (20 Law Journ. Exch. 97)), the result of which would seem to be, that unless a defendant be still under age, or have by some positive step repudiated the ownership of his shares, he cannot escape being liable for calls made in respect of them. Short Notes of New Books. Foss's Lives of the Judges. Vols. III. and IV. London: Longman & Co. 1851. Two more volumes which now commence to give a little more readable material. We hope ere long to pick a sufficiency of morceaux to fill an article. The book improves, and the research of the author is marvellous. Baker's Practical Compendium of the Statutes, Cases, &c. affecting the Office of Coroner. London: Butterworths. 1851. THIS is really a very strange production for a law book, but notwithstanding an amusing one. The practitioner who opens it with a view of learning the law on any given point within the scope of a Coroner's duties will perchance light on a penny-a-line newspaper paragraph headed "HORRIBLE DISCLOSURE," or a Chapter on " Homoeopathy,' or a List of Wrecks, &c. &c. The Appendix begins soon after the middle of the book, and contains heaps of Statutes (entire), Poor Law Orders, Board of Health Orders, &c. &c. Anything much less like a Compendium we have seldom seen. But it contains much useful matter nevertheless. Fonblanque's Bankruptcy Reports. London: Butterworths. VERY carefully and skilfully done. They will be a much more useful series than most of those we have had from the prolific reporting corps. Macrae's Practice of Insolvency. London: Crockford, Essex Street. THIS book is fairly executed, and in which the proceedings occur. practice, and that it will supply other works. methodically arranged in the order We believe it will prove useful in some very manifest deficiencies in Events of the Quarter. THE Earl of Cottenham's lamented decease has taken place. His life will form the subject of an early Memoir. NEW QUEEN'S COUNSEL.-The following gentlemen have been appointed as Queen's Counsel:-Messrs. Ingham, Warren, Pashley, Atherton, and Hugh Hill, of the Northern Circuit; Messrs. Willmore and Mellor, of the Midland Circuit; Mr. Bramwell, of the Home Circuit; Mr. Slade, of the Western Circuit; Mr. Phillimore, of the Oxford Circuit; and Messrs. Willcox, Headlam, Follett, W. T. S. Daniel, Glasse, Campbell, Craig, Chandless, and Bailly, of the Chancery Bar. CALLS TO THE Bar.-Inner TEMPLE.-The following members of this society have been called to the bar:-May 2. Roger Fenton, of University College, London, B.A.; John Harrison Miller, of Wadham College, Oxford, M.A.; Mr. William Stuart, Mr. James Pearse Peachey; James Pearse, of St. John's College, Cambridge, B.A.; Thomas Hugh Markham, of Brasenose College, Oxford, B.A.; Mr. John Francis Campbell; and Arthur Codd, of Trinity College, Dublin, B.A. June 17th.-Edward Pakenham Alderson, of Balliol College, Oxford, B.A.; George Slater, of Balliol College, Oxford, B.A.; Robert John Sandiford Farrar, Esq.; and William Gill, Esq. MIDDLE TEMPLE, May 10th.-John Raymond, Esq., Thomas Geary, Esq., Joseph Shipton, Esq., and Joseph Kerr, Esq. June 14th.-Louis Antoine Alfred Koenig, Esq., and William Hemings, Esq. LINCOLN'S INN, May 8th.-Henry R. Farrer, M.A.; John G. Mayo, Esq.; Thomas P. Beckworth, B.A.; Townley Filgate, M.A.; Frank W. Bush, M.A.; Francis S. Reilly, M.A.; Francis H. Appach, M.A.; Henry Wilbraham, M.A.; Joseph N. Higgins, B.A.; Thomas W. Wigglesworth, M.A.; and James W. Langworthy, Esq. GRAY'S INN, May 7th.-William Furner, Esq. May 28th.-Edward Paul Page, Esq. June 16th.-Jackson Gillbanks, Esq., LL.B. and B.A, ATTORNEYS' CERTIFICATES.-The bill brought into the House of Commons by Lord Robert Grosvenor and Sir F. Thesiger, to repeal the annual certificate duty payable by attorneys, solicitors, proctors, writers to the signet, and notaries, has been printed. A certificate will be given under this act which will be, in all respects, equivalent to the present stamped certificate. The annual examination in law instituted by the society of Gray's Inn, took place in the Hall on Thursday and Friday, the 5th VOL. XV. NO. XXVIII. N and 6th June, and the following is the class list of the successful candidates for honours on that occasion. 1. Mr. William Fowler, of the Inner Temple. 3. Mr. Edward Samuel Dale, of Lincoln's Inn. Mr. Richard William Fisher, of Lincoln's Inn. 5. Æquales {Mr. Joseph Napier Higgins, of Lincoln's Inn. David Kitcat, of the Inner Temple. 7. Æquales {Mr. George Tayler, of the Inner Temple. Mr. Fowler received from the lecturer, Mr. W. D. Lewis, his prize, consisting of a complete set of the Reports of Vesey, junior (20 vols.) LONDON AND DURHAM UNIVERSITIES.-The Masters of the Bench of Gray's Inn have recently passed an order that members of the London and Durham Universities shall have the same privileges with respect to calls to the bar at Gray's-Inn as are enjoyed by members of the Universities of Oxford, Cambridge and Dublin. The Students of the Inner Temple Society have presented Mr. Hurlstone with a handsome silver tea service, as a token of respect for his long and efficient duties in the society. It bore the arms of the society, and had the following inscription:-" Presented by the students of the Inner Temple to Mr. William Hurlstone, on his completion of the 37th year of his connection with the society.Trinity Term, 1851." Mr. Henry Sedgwick Wylde, barrister-at-law, has been appointed one of the Registrars of the Court of Bankruptcy, in the room of Mr. Charles Waterfield, resigned. J. S. Mansfield, Esq., is appointed Stipendiary Magistrate of Liverpool. In Scotland Mr. Rutherford has succeeded Lord Moncrieff, deceased, as a Judge of the Court of Session; Mr. Moncrieff as Lord Advocate, and Mr. Cowan as one of the Lords Justiciary, and Mr. Deas as Solicitor-General. M. Duncan Mac Neill has also been appointed one of the Lords Justiciary. A deputation from Jersey-Mr. Edward Nicolle Law and Mr. W. Grant Dumaresq-had an interview with Sir George Grey at the Home Office, to present a petition from the inhabitants of Jersey, praying for the establishment of a paid police, a sitting magistrate, and a Court of Requests for the recovery of small debts. It will be very wrong in the government to refuse some such measure of common justice to Jersey. We believe the abuses of the present system are infamous. List of New Publications. Archbold-The Law relative to Pauper Lunatics, with Forms in all cases required in Practice; also the Law and Practice in Appeals against Lunatic Orders. By J. F. Archbold, Esq., Barrister. 12mo. 7s. 6d. boards. Archer-An Index to the unrepealed Statutes connected with the Administration of the Law in England and Wales, commencing with the Reign of William IVth, and continued to the close of the Session 1850. By T. G. Archer, Solicitor. 8vo. 5s. boards. Arnold-A Treatise on the Law relating to Municipal Corporations. By T. J. Arnold, Esq., Barrister. 12mo. 12s. boards. Cockburn A Letter to Sir A. Cockburn, M.P., Attorney-General, on Advocacy in the County Courts, by a Barrister. 8vo. 1s. sewed. on, and Colquhoun-A Summary of Roman Civil Law, illustrated by Commentaries Parallels from, the Mosaic, Canon, Mahommedan, English and Foreign Law. Royal 8vo. part 3, 12s. 6d. Conveyancing-The Hand Book of Precedents in Conveyancing, with Practical Notes prepared by Counsel. 12mo. 10s. 6d. cloth. County Courts-New Rules of Practice to be observed in the County Courts, together with a Scale of Allowance to Witnesses, and of Fees payable on Proceedings therein, with Notes and a copious Index. By a Barrister. 12mo. 3s. sewed. Darling-Can a Clergyman create an Equitable Charge on his Living, under the Statute 1 & 2 Vict. cap. 110? By J. Darling, Esq., M.A., Barrister. 8vo. 1s. sewed. Godson-A Supplement to Godson's Practical Treatise on the Law of Patents for Inventions, and of Copyright in Literature, the Drama, Music, Engraving, and Sculpture, and also in Designs for the purposes of Sale and Exhibition. By P. Burke, Esq., Barrister. 8vo. 8s. boards. Hare-Supplement to a Short Proposal for Diminishing the Costs and accelerating the Determination of Suits in Equity. By T. Hare, Esq., Barrister. 8vo. 1s. Lawes-The Act for promoting the Public Health, with Notes, and Appendix containing the Supplemental Acts of 1849 and 1850. By E. Lawes, Esq., Barrister. 12mo. Third Edition. 8s. boards. Lund-A Treatise on the Substantive Law relating to Letters Patent for Inventions. By H. Lund, Esq., Barrister. 12mo. 6s. cloth. |