he submitted, a mere personal undertaking on the part of Keighley Lea and Co. to obtain the assent of the directors to the loan. The directors alone had power to borrow; and in this case they had not borrowed, and therefore were not liable. Had the society received the benefit of this act of the secretary's it might have been binding upon them, but they had received no benefit from it. Jordan having replied, -- that the principle of Greville v. Browne (34 L. T. Rep. O. S. 8) applied whether the legacies were given before or after the gift of the residue, and that legacies were charges on the real and personal estate pro ratâ: (Elliott v. Dearsley, 40 L. T. Rep. N. S. 548. Fry, J.) LESSEE BROKEN QUARTER - APPORTIONMENT.-Where the trustee in liquidation of a lessee, under a lease for a term of years with covenant to pay rent quarterly, assigns the term to another in the middle of a quarter, he is liable for rent, as accruing due de die in diem, from the commencement of the quarter to the time of the J. W. and S. M. in 1875 demised assigns, certain premises for a term of twenty-one to J. L. W., his executors, administrators, and 25th March, 24th June, 29th Sept., and 25th Dec., years at a certain rent payable quarterly on the and J. L. W. covenanted not to assign or underlet without licence in writing: proviso for re-entry on breach of any of the covenants. J. L. W. ings were taken for the liquidation of his affairs, entered into possession, but in April 1876 proceedand defendant was appointed trustee. The reversion in the premises subsequently became vested in the plaintiffs. After an unsuccessful application to disclaim, the defendant, who had entered into possession of the premises, assigned the same on the 6th Dec. 1877, to one Edward Thomas for the residue of the term. In an action for rent from 29th Sept. to the assignment on the 6th Dec. 1877 Held, that the defendant was liable; the case being within the provisions of the Apportionment Act 1870 (33 & 34 Vict. c. 35), and that the proviso in sect. 4 of that Act did not apply: (Swansea Bank v. Thomas, 40 L. T. Rep. N. S. 558. Ex.) MARITIME LAW. - His HONOUR, in giving judgment, said the question that was submitted in this case was not without difficulty, but, after the argument that had been held before him, he thought he was in a position to express an opinion upon it. With refer-assignment over. ence to what the power of the directors might have been, to appoint a gentleman to act as it was contended for the plaintiffs Mr. Lea had done, he did not propose to give any opinion, but should address himself to the other point raised. From the evidence it appeared that Mr. Lea had an office where he acted as secretary for the Brunswick and another building society. The practice was for persons to come there with money in their hands, saying they were willing to lend it to the society. The money was handed over to Mr. Lea or some one acting on his behalf, and then an undertaking was given by Mr. Lea to the persons bringing the money, in the form of the document given to the plaintiffs on the 2nd July. In due course the proposed loans were submitted to the directors of the society, who, if the loans were accepted, signed promissory notes in favour of the lenders? Upon receipt of these notes the lenders gave up to Mr. Lea the undertakings held by them. But then came the question, were the directors aware of what took place at the secretary's office? Upon that point there was no evidence at all, and therefore, as the case stood, he must find as a fact, that the direc tors did not know of the proceedings at the office. All that they were proved to have known was, that certain persons were repreNOTES OF NEW DECISIONS. sented to them in the loan book as having tendered loans to the society, that promissory-LIABILITY OF SHIPOWNER-BILL OF LADING DAMAGE TO CARGO BY NEGLIGENT STOWAGE notes made out to such persons were submitted to -SIGNATURE BY AGENT.-Plaintiffs were conthe chairman of the meeting of directors for sig- signors of sugar to be carried from Hamburgh to nature, and that that gentleman signed the notes, London in defendant's steamship, and received thereby ratifying the loans. But what did that bills of lading signed by "P. and K., agents." come to? It amounted to this, that the directors The ship was at the time under charter to P. and acted strictly within what Mr. Heywood stated to be their power, and that Mr. Keighley Lea, instead tiffs had no knowledge of such charter. The bill K., who were merchants at Hamburg, but plainof being an agent appointed by them to accept of lading excepted liability for loans for the society, was an agent whose only loss, or damage all accidents, business was, to receive the money of the proposed default whatsoever of the pilot, master, from any act, neglect, or lenders, and to submit those loans for acceptance. mariners in navigating the ship, the owners of the That was the only course of business that came to ship being in no way liable for any of the conthe knowledge of the directors; the society were not sequences of the causes above excepted, it being aware of the practice of Mr. Lea to give these under- agreed that the captain, officers, and crew of the takings; the society never recognised him in any vessel in the transmission of the goods, as between shape or way whatever except as their agent to receive proposals for loans; and the result was, that ship and shipowner, be considered the servants of the shipper, owner, or consignee thereof, and the Mr. Lea, having pretended in these cases to receive such shipper, owner, or consignee." the loans, instead of only the proposal for a loan, acted beyond any actual authority he had, or any Held, that, if the bill of lading was a contract of sugar was damaged owing to negligent stowage. authority which the society had enabled him to carriage between plaintiffs and defendants, the hold himself out as having; and that being so the exception did not apply, and that, if there was no liability of the defendants had not been established. There would therefore be a nonsuit. contract of carriage between plaintiffs and defendants, the sugar being lawfully in the ship with the defendant's licence, the negligence was a breach of duty, and therefore in either case defendants were liable. Judgment of Denman, J. affirmed: (Hayn v. Culliford, 40 L. T. Rep. N. S. 536. Ct. of App. REAL PROPERTY AND CONVEYANCING. NOTES OF NEW DECISIONS. LANDLORD AND TENANT-PROPERTY TAXAGREEMENT BY LANDLORD TO REPAY TAX NOT DEDUCTED FROM RENT.-If a landlord agrees with his tenant to repay him property tax at some future time instead of allowing a deduction from the rent of the amount of the tax, such an agreement is not illegal, and the tenant may recover the amounts paid in accordance therewith: (Lamb v. Brewster, 40 L. T. Rep. N. S. 537. Ct. of App.) WILL-DIRECTION TO PAY DEBTS OUT OF MIXED FUND.-A testator devised and bequeathed his residuary real and personal estate upon trust for sale and conversion into money, and declared that the trustees should stand possessed of such money as follows: "Upon trust thereont, in the first place, to pay any debts, including debts due upon mortgage of any of the lands, hereditaments, or other property, the enjoyment whereof is hereinbefore secured to my wife during widowhood." There were mortgages on the residuary real estate. Held that there was no declaration of a contrary intention under Locke King's Act, with regard to the mortgages on the residuary real estate, and that they must be borne by the produce of sale of the residuary real estate exclusively. A testator, after devising and bequeathing his residuary real and personal estate upon trust for sale and conversion into money, and declaring that his trustees should stand possessed of such money in trust to pay debts and funeral and testamentary expenses, gave a legacy of £250 to each of his executors who should accept the trusts of the will. Held, COMPANY LAW. or Plaintiffs' NOTES OF NEW DECISIONS. WINDING-UP-VAGUE ALLEGATIONS-FULLY PAID-UP SHAREHOLDER-MAJORITY OPPOSED.A limited company was formed in 1872, with a nominal capital of £50,000 in shares of £1 each, for the purpose of purchasing and working a mining property. The property was bought of one R. (who was subsequently elected a director), for £20,000 in cash, and £15,000 in paid-up shares A fully paid-up shareholder, who had bought seventy-five shares in the market, presented a winding-up petition on the ground that the company had wholly failed to attain the object for which it was ostensibly formed, and that it was got up really for the purpose of enabling the promoters to distribute among themselves large profits at the expense of the shareholders. It was also alleged that, on the facts stated, the company was entitled to set aside the sale and have the £20,000 repaid. There was no definite allegation of fraud, and nothing to show that the company had any assets. Held (affirming the decision of Hall, V.C.), that this was a demurrable petition. The petitioner, who was not liable to contribute anything to the assets of the company, ought to have alleged in his petition, and to have shown by evidence, that after full payment of debts and liabilities there value to authorise him in presenting a petition.. Where, on a winding-up petition, fraud is alleged, the facts constituting the fraud must be stated, although it is not necessary to state the evidence. of the facts alleged. Where there is only a vague allegation of fraud, evidence of the act of fraud is not admissible. Quare, whether a winding-uppetition can be maintained, where the petitioner, a fully paid-up shareholder, alleges there are no available assets except those to be obtained by the successful prosecution of proceedings against directors and others to get back money they were liable to pay by reason of fraud: (Re Rica Gold Washing Company, 40 L. T. Rep. N. S. 531. Ct. of App.) RAILWAY-WORKING AGREEMENT-LINE TO plaintiff company by their Act were authorised to BE MAINTAINED BY WORKING COMPANY.-The construct a railway, and by a working agreement scheduled to, and confirmed by, the said Act, the line, when completed, was to be maintained and line had been constructed, and worked for some worked by the defendant company. After the time by the defendant company, the plaintiff company erected some steps on a station on the line, which were removed by the defendant company. In an action by the plaintiff company to compel the defendant company to restore the steps, and for an injunction restraining the defendant company from interfering with them: Held that, under the working agreement, the defendant company was entitled to the exclusive possession of the line, and the action was dismissed with costs: (Sevenoaks, &c., Railway Company v. London, &c., Railway Company, 40 L. T. Rep. N. S. 545. Ct. of App.) CREDITOR PREFERRED SHAREHOLDERS DEBENTURES-PRIORITY.-By an arrangement between the S. Railway Company and the D. Railway Company, the S. Company was to construct an extension line (being a distinct section of their undertaking) advantageous to both companies, and to issue for the purpose stock to the amount of £200,000. The D. Company was working the line, and agreed to provide, and, if necessary, pay from the date of the completion of the line an annual sum of £9000 for the payment of interest at 4 per cent. on the £200,000 stock. The D. Company was by the arrangement to apply the repayment of themselves to the actual expenses gross earnings of the extension line first to the of working it; and, secondly, to the repayment of the amount of the annual contribution of £9000; any surplus then remaining to be paid over to the S. Company, any de ficiency to be a charge in favour of the D. Company on the net earnings of the extension line in every subsequent year until fully paid. The £200,000 was afterwards increased to £211,000, The arrangement and the £9000 to £9500. was and were confirmed by statute and carried out, of half-yearly payments £4750 regularly made by the D. Company to the S. Company. These amounts were paid by the S. Company to their bankers, and by them transferred to the account of the holders of the stock. There was never any surplus from the earnings of the extension line in the hands of the D. Company after repayment to themselves of the working expenses and of the annual contributions of £9500. A judgment had been obtained by a creditor of the S. Company against them for £1556 188. 3d., and in July 1878, the judgment being still unsatisfied, an order of attachment was made at his instance on all debts due or accrning from the D. Company to the S. Company. There was at that time a half-yearly instalment of the contributions, i.e., £4750, due from the D. Company to the S. Company, but it had not been actually paid. The S. Company and the holders of the £200,000 resisted the attachment of this. and on a special case stated to raise the question whether this sum was subject to attachment to satisfy a creditor: Held, that, in the absence of an express charge or trust created in favour of shareholders on property of a company, the creditors are entitled to have their debts first there was no such express charge or trust created satisfied before payment of any dividends: That by the statutes in this case, the position of the stockholders being that of preferred shareholders: (Re Bouch and others, 40 L. T. Rep. N. S. 560. Ex.) sum; rantry of animals, which is indorsed by the names (A CARD). would remain assets of such an amount that in the event of a winding-up he would have a ARBITRATOR IN BUILDING DISPUTES, & co tangible share of surplus to receive of sufficient [ADVERTISEMENT.] 39. TENANTS FOR LIFE-LEASE BY-REMAINDER-MAN. -Lease for twenty-one years of a coal mine by several tenants in common for life, who have separate remaindermen in fee. One of such tenants for life dies, and his remainderman desires to enjoy his share of the property in specie, instead of acknowledging the lessee, and taking a share of the reserved rent and royalties. The lease is presumably good against the surviving tenants for life; but the remainderman above mentioned thinks the property leased at too low a rental. What remedy has he to obtain possession, or a higher rental? And are the surviving tenants for life liable to account to him for a proportion of the rents and royalties received by them, the property being of a wasting character; or can he claim an account of profits from the lessee? Answers. F. A. (Q. 35.) PARTNERSHIP-PUBLIC APPOINTMENT.-MUNICIPAL CORPORATIONS ACT.-Your correspondent S. S. A." will find the law laid down in Rex v. Dickens (3 Ad. & E. §97); it would seem that the alderman is clearly liable to a penalty. T. W. LEGAL NEWS. MR. J. MOTTERAM, Q.C., in the course of a bankruptcy case heard before him in the Birmingham County Court on Friday, remarked that since the new Bill of Sale Act had been passed there had, so far as his experience went, been a great many more bills of sale than there used to be, and he could not help thinking that they were not one whit more honest than formerly, and that all they had got by Legislation was disadvantageous to creditors, as bills of sale were now getting into use among the lower class of people. INTELLIGENCE has been received that Mr. William Clare, of the firm of W. and A. Clare, solicitors, Liverpool, has lost his life while travelling in the United States, by a boat accident on Lake Winnipisankee, New Hampshire, the date of the sad occurrence being June 8th. MR. JOHN FORSHAW, of the firm of Forshaw and Parker, solicitors, was on Monday unanimously elected an alderman of the borough of Preston. THE Kentish Law Society has lost four members by death during the past year, viz., Mr. W. H. Gorman, Ramsgate; Mr. T. Fox, Dover; Mr. H. Hughes, Maidstone; and Mr. J. Munn, Tenter den. LEGAL OBITUARY. G. H. HORMAN, ESQ. THE late George Hélier Horman, Esq., Her J. C. PICKERSGILL-CUNLIFFE, ESQ. THE late John Cunliffe Pickersgill-Cunliffe, Esq., barrister-at-law, who died on the 18th inst., at Lamorbey, near Bexley, Kent, in the twenty-ninth year of his age, was the eldest son of the late John Cunliffe Pickersgill-Cunliffe, Esq., of Hooley House, Coulsdon, Surrey, by his marriage with Helen Hutton, second daughter of the late Very Rev. Thomas Dale, Dean of Rochester, and was born in the year 1850. He was educated at Eton, and at Queen's College, Oxford, where he took his B.A. degree in 1873; and he was called to the bar by the Honourable Society of the Inner Temple in 1876. THE legal questions to be discussed at the meeting of the Social Science at Manchester are:-1. Jurisprudence and the amendment of the law: International Law Section-(1) Is it a legal or moral duty for a civilized nation to observe towards an uncivilised race, laws and principles which that race either ignores or persistently neglects? (2) The institution of an international tribunal. Municipal Law Section-(1) What action should be taken on the report of the Royal ComG. M. W. SANDFORD, ESQ.. mission on Copyright? (2) What is the mode in THE late George Montagu Warren Sandford, which charitable endowments can be dealt with Esq., barrister-at-law, of Reeves Hall, near Colwhen their objects have become changed in cha-chester, Essex, who died on the 19th inst., at his racter, or unsuited to the present wants and usages residence in Hertford-street, Mayfair, in the of society? (3) Should the Marriage Laws of the fifty-eighth year of his age, was the eldest son of United Kingdom be assimilated? the late George Peacocke, Esq., of Moulton Park, Northamptonshire, by his marriage with Mary, daughter of the late Col. A. T. Montagu Durnford, of the Scots Fusilier Guards, and nephew and PROMOTIONS AND APPOINT- NOTA BENE.-Information intended for publication under MR. EDMUND KELLY BAYLEY, who was called DR. WEBB, Q.C. has been appointed to the newly constituted office of Public Orator of Trinity College, Dublin. MR. W. BURTONSHAW, of the firm of Pearson and Burtonshaw, solicitors, Doncaster and Crowle, has been appointed by the Lord Chancellor a Commissioner to Administer Oaths in the Supreme Court of Judicature. MR. GEORGE METCALFE WATSON, of the firm of Newby, Richmond, and Watson, solicitors; and Mr. JOHN TROTTER, solicitor, have been appointed by the Lord Chancellor upon the commission of the peace for the Borough of Stocktonon-Tees. Mr. Watson was admitted in 1855, and Mr. Trotter in 1859. MR. GEORGE CHEESMAN, solicitor, of Brighton, has been appointed by the Lord Chancellor a Commissioner to Administer Oaths in the Supreme Court of Judicature. heir of the late General Sir Marmaduke Warren To surrender at the Bankruptcy Court, Lincoln's-inn-fields. MILLER, GEORGE HAYNES, shipowner, Leadenhall-st. Pet. SLATTERY, JOHN VINCENT, Kensington. Pet. June 16. ARDERN, WILLIAM, painter, Altrincham. Pet, June 16 BROWN, CHARLES WILLIAM, pawnbroker, Portsea. Pet. COATES, JOHN, draper, Bishop Auckland. Pet, June 17. EVANS, EVAN, builder, Cardiff. Pet. June 16. Reg. Lang- GREAVES, BENJAMIN, Willow merchant, Cleethorpes. Pet. try. Pet. June 14. Reg. Kirby. Sur. July 2 ROBERTS, LUKE, ROBERTS, EDWIN, and ARMITAGE, EPHRAIM ironfounders, Cleckheaton. Pet. June 18. Dep.-Reg. Lee. Sur. July 12 Gazette, June 24. To surrender at the Bankruptcy Court, Lincoln's-inn-fields. Reg. Hazlitt. Sur. July 9 To surrender in the Country. EDWARDS, FRANCIS, draper, Wrington. Pet. June 20. Reg. COPE. EDWARD, accountant, Derby. Pet. June 2. Reg. MKIE, WILLIAM THOMAS, butcher, Southborough. Pet. June 19. Reg. Cripps. Sur. July 7 BAMBER, JOHN WIGNALL, watchmaker, Preston. Pet. June 17. Reg. Hulton. Sur. July 14 SUTTERBY, HENRY, grocer, Lytham. Pet. June 14. Reg. Hulton. Sur. July 14 CHARD, ROBERT, farmer, Yeovil. Pet. June 20. Reg. Batten. Sur. July 10 EVERALL, WILLIAM, farmer, Longnor. Pet. June 20. Reg. Peele. Sur. July 9 BEEVERS, JOSEPH WILLIAM, tailor, Rawmarsh. Pet. June 19. Reg. Wake. Sur. July 9 Bankruptcies Annulled. Gazette, June 17. THOMAS, HANNAH, widow, eating-house keeper, West Smithfield. Sept. 22, 1577. Liquidations by Arrangement. FIRST MEETINGS. ABBOTTS, THOMAS, auctioneer, Saltoun-rd, Brixton. Pet. June 11. July 1, at eleven, at offices of Deacon and Johnson, Ludgate hill ALLAM, CHARLES, grocer, Charrington-st, St. Pancras. Pet. June 18. July 16, at twelve, at offices of Boyes and Child, Poultry. Sol. Bohm, Old Jewry ASHCROFT, THOMAS, grocer, Bewdley. Pet. June 14. July 2, at three, at offices of Sols. Saunders, sen, and Burcher, Kidderminster ton ATKINS, JOSEPH, beerseller, Pendleton. Pet. June 16. July 1, at three, at the Rolling Mill inn, Brindle Heath, PendleAXON, WILLIAM, lath cleaver, Heaton Norris. Pet. June 16. July 4, at twelve, at the George hotel, Stockport. Sol. Jackson AYLETT, GEORGE HENRY, builder, Craven-ter, St. John'sville. Upper Holloway. Pet. June 17. July 2, at three, at the Guildhall tavern, Gresham-street. Sols. Tillyard and Gribble, King-st, Cheapside BAILEY, ROBERT WALTER, colliery proprietor, Scarborough. Pet. June 16. July 2, at twelve, at office of Sol. Calvert, York BARKER, FRANCIS, joiner, Derby. Pet. June 16, July 8, at three, at the Bell hotel, Derby. Sol. Hextall, Derby BARLOW, ANNA, dealer in fancy goods, Truro. Pet. June 18. July 2, at four, at offices of Sols. Smith and Paul, Truro BLAKE, AARON, cattle dealer, Fenningham. Pet. June 16. July 2, at twelve, at the Guildhall, Bury St. Edmunds. Sol. Gross, Bury St. Edmunds BLASDALE, SAMUEL, bootmaker, Nottingham. Pet. June 15 July 8, at three, at offices of Sols. Thorpe and Thorpe, Nottingham BRADBURY, JOHN, china dealer, Nassau-st, Soho. Pet. June June 30, at three, at the Inns of Court hotel, High Holborn. Sol. Harrison, Richmond-grdns, Shepherd's Bush BREARLEY, HAROLD, grocer, Normanton. Pet. June 16. July 1, at eleven, at offices of Sols. Wainwright and Mason, Wakefield BRIERLEY, SAMUEL, out of business, Bamford. Pet. June BROOKS, ISAAC JOHN, butcher, Dresden. Pet. June 12. CARTER, WILLIAM, boot manufacturer, Salford. Pet. June 16. July 4, at three, at office of Sol. Best, Manchester CHOUQUET, LEON EDMOND, dressmaker, Conduit-st, Regent*t. Pet. June 19. July 3, at two, at office of Sol. Keys, Charles-st, St. Jame's-sq CLAY, THOMAS, grocer, Coalville. Pet. June 14. July 2, at CRELLIN, ROBERT PEEL, baker, Liverpool. Pet. June 16. CRICHTON, ALEXANDER, and CURRY, CHARLES JOHN, silversmiths, Hammersmith. Pet. June 19. July 7, at three, at offices of Sols. Nelson, Son, and Hastings, Bennet'shill, Doctors'-commons DAVIES, WILLIAM, grocer, Vardre Clydach. Pet. June 17. ELLIOTT, FRANK, horse dealer, Northampton. Pet. June 16. EVANS, THOMAS, bootmaker, Gloucester. Pet. June 18. FARRIMOND, JAMES, beerhouse keeper, Hindley. Pet. June Sols. FRANKLIN, RALPH POLLEY, sack maker, Bishops Stortford. GoVIER, WILLIAM, tailor, Swansea. Pet. June 16. June HACKETT, THOMAS, hosier, Liverpool. Pet. June 17. July 10, at two, at the Chamber of Commerce, Cheapside. Sol. Sturt, Ironmonger-la HADLEY, EDWARD, chair manufacturer, Congleton. Pet. June 18. July 4, at eleven, at the Lion and swan hotel, Congleton. Bol. Carside, Congleton HARVEY, EDWIN GEORGE, saddler, Truro. Pet. June 17. July 2, at eleven, at office of Sol. Dobell, jun, Truro HAZLEWOOD, JAMES, general smith, Birmingham. Pet. June 16. July 1, at three, at office of Sol. Duke, Birmingham HEAPEY, EDWIN HERBERT, upholsterer, Derby. Pet. June 17. July 7, at eleven, at offices of Berry and Binns, Chancery-la. Sol. Heath, Derby HENSMAN, WILLIAM, out of business, Kimbolton. Pet. June 16. July 4, at eleven, at the George-inn, Kimbolton. Sol. Beedham, Kimbolton HEWES, JOHN, builder, Leicester. Pet. June 17. July 4, at three, at office of Sols. Freer, Reeve, Blunt, and Rowlatt, Leicester HIRST, ANDREW, blanket manufacturer, Batley Carr. Pet. HOARE, GEORGE HENRY, draper. Southampton-row, INGHAM, JAMEs, tin packing-case maker, Manchester. Pet. chester JAMES, ABRAHAM, provision dealer, Leeds. Pet. June 11. June 27, at twelve, at offices of Sols. Rooke and Midgley, Leeds JEYES, WILLIAM, baker, Birmingham. Pet. June 16. July 2, at eleven, at office of Sol. Waltord, Birmingham JOHN, DANIEL, furnaceman, Treboth. Pet. June 16. June 30, at eleven, at the George and Dragon hotel, Landore. Sol. John, Swansea JONES, JOHN, draper, Liverpool. Pet. June 17. July 7, at three, at offices of Sols. Barrell, Rodway, and Barrell, Liverpool JONES, THOMAS, farmer, Clungnnford. Pet. June 16. July 9, at eleven, at office of Sol. Weyman, Ludlow JONES, WILLIAM, map mounter, Victoria-chambers, Victoriast, Westminster. Pet. June 13. June 28, at half-past ten, at office of Greening, Budge-row. Sol. Swaine, King-st, Cheapside JORDAN, GEORGE, and LEWIS, FREDERICK WILLIAM, tailors, Regent-st. Pet. June 17. July 7, at three, at office of Sol. Drew, John-st, Bedford-row JOSEPH, ASHER, tailor, Leeds. Pet. June 17. July 2, at three, at office of Sol. Brooke, Leeds KENT, GEORGE, publican, Durbam. Pet. June 16. July 4, KRAUSS, ALFRED ADOLPHUs (under firm of Shaw, Ripley, and Co), merchant, Shanghai. Pet. April 28. May 14, at two, at offices of Shaw, Ripley, and Co, Shanghai. Sol. Robinson LANES, THOMAS BURTON, bootmaker, Boston. Pet. June 17. July 4, at two, at offices of Sols. Rice, Wighton, and Marris, Boston LANGLEY, DAVID THOMAS, tailor, Middlesbrough. Pet. LAWES, JAMES, out of business. Leeds. Pet. June 14. July LOGIE, BALFOUR, and NICOLL, THOMAS, army and navy contractors, Southwark-st. Pet. June 13. July 7, at three, at the Cannon-st hotel. Sols. Stopher and Rundle, Coleman-st LORD, WILLIAM, gentleman, Smethwick. Pet. June 18. MELLORS, JOHN, out of business, Southwell. Pet. June 16. MOORE, RUDOLPH HENRY, inspector of water works fittings, Chorlton-on- Medlock. Pet. June 17. July 4, at three, at office of Sol. Gardner, Manchester MULLINS, JOHN, wheelwright, Wimborne Minster. Pet. June NICKLIN, JAMES, puddler, Wolverhampton. Pet. June 18. OXLEY, WILLIAM, grocer, Lincoln. Pet. June 17. July 2, PETFIELD, EDWARD, wheelwright, Sheffield. Pet. June 17. July 3, at eleven, at offices of Sols. Smith, Hinde, and Co, Sheffield PHILLIPS, WILLIAM, builder, Orleton. Pet. June 17. July 3, at three-quarters past four, at the Angel hotel, Ludlow. Sols. Andrews and Andrews, Leominster PIRKIS, EDGAR LAWRENCE, of man, Downham-rd, Islington Pet. June 16. July 8, at three, at offices of Foreman, Son, and Co, accountants, Gresham-st. Sol. Naunton, Cheapsid POLES, SAMUEL BIRKS. machine buttonhole maker. Bouverie-st, Stoke Newington. Pet. June 14. July 9, at three, at office of Sols. Ingle, Cooper, and Holmes, City Bank chmbrs, Threadneedle-st POLLARD, NATHANIEL, draper, Epping. Pet. June 10. June 30, at two, at offices of Ladbury, Collison, and Viney. Cheapside. Sols. Allen and Edwards, Old Jewry POLLITT, WILLIAM, builder, Middlesbrough. Pet. June 16. July 2, at eleven, at offices of Sols. Jackson and Jackson, Middlesbrough PRESTON, RICHARD, bootmaker, Warton. Pet. June 17. July 2, at two, at offices of sols. Johnson and Tilley, Lan caster PRIEST, WILLIAM, victualler, Old Hill. Pet. June 18. July 1, at eleven. at office of Sol. Shakespeare, Oldbury RACE, HENRY, greengrocer, Barnsley. Pet. June 17. July 9, at three, at office of Sol. Rideal, Barnsley REEVES. GEORGE, bootmaker, Bracknell. Pet. June 18. July 4, at four, at the Station hotel, Bracknell. Sol. Caines, Serjeants'-inn, Temple RHODES, JOSEPH, ironfounder, Hunslet. Pet. June 16. ROLLASON, ALEXANDER, out of business, Redland. Pet. SCOTT, CHARLES, boiler maker. Padiham. Pet. June 18. July SOLOMON, HENRY, jeweller, Wolverhampton. Pet. June 17. July 4, at twelve, at offices of Sols. Underhill and Underhill, Wolverhampton SPURGEON, JAMES, grocer, Halstead. Pet. June 16. July 2, at twelve, at offices of Speechley, Mumford, and Co, 1 New-inn, Strand. Sol. Prior, Colchester STROOD, WILLIAM, grocer, Folkestone. Pet. June 17. July 4. at two, at the Guildhall tavern, Gresham-st. Sol. Minter, Folkestone TAYLOR, JAMES, cabinet maker, Wednesbury. Pet. June 18. July 4, at half-past three, at the Great Western hotel, Birmingham. Sol. Smith, Wednesbury TILLOTSON, JOSEPH, iron bridge manufacturer, Leeds. Pet. TITTERINGTON, LAWRENCE, joiner, Preston. Pet. June 18. UNDERWOOD, JOHN WALTER, letterpress printer, Salford. Pet. June 18. July 3, at three, at offices of Sols. Nuttall and Son, Manchester WARNES, JOSEPH, victualler, Chesterfield. Pet. June 17. July 3, at half-past one, at the Angel hotel, Chesterfield.. Sols. Broomhead, Wightman, and Moore, Sheffield WATERS, CORNELIUS, brush manufacturer, Cirencester. Pet. June 16. July 4, at half-past eleven, at the Bell inn, Cirencester. Sol. Clark, Cheltenham WATSON, JAMES, out of business, Pendleton. Pet. June 16. July 1, at eleven, at the May Pole inn, Pendleton. Sol. Tremewen, Manchester WATSON, JOSEPH, grocer, Bloxwich. Pet. June 18. July 4, at half-past eleven, at office of Sol. Sheldon, Wednesbury WELLS, WILLIAM, painter, Shanklin. Pet. June 17. July 11, at one, at offices of Edmonds, Clark, and Co, 98, Cheapside. Sol. Hooper, Newport WHEELER, ZURIEL, picture dealer, High-st. Bloomsbury. Pet. June 12. June 28, at ten, at offices of Sols. Micklethwait and Co, Long-acre WHITELEY, JOHN, hairdresser, Leeds. Pet. June 16. July 2, WILKINS, JAMES THOMAS, sen, cheesemonger, Whitecross- WILLS, EDWARD DISTIN, printer's agent, Manchester. Pet. June 16. July 2, at three, at the Mitre hotel, Manchester. Sol. Hill, Manchester WOOD, WILLIAM, victualler, Cinderford. Pet. June 14. July 3, at twelve, at the Spread Eagle hotel, Gloucester. Sol. Goldring WRAY, JOB, builder, Hull. Pet. June 16. July 2, at eleven, at office of Sol. Priestman, Hull SANDFORD, FREDERICK VAVASOUR, gentleman, Corwen. Pet. June 14. June 23, at the Hall of the Incorporated Law Society, Chancery-la, in lieu of the place originally named YOUNG, JOHN THOMAS, Liphook. Pet. June 16. June 30, at two, at the Red Lion hotel, Petersfield, in lieu of the place originally named Gazette, June 24. AIKIN, ALFRED WILLIAM, greengrocer, New Cut, Lambeth. Pet. June 19. July 7, at eleven, at office of Sol. Moss, Gracechurch-st ALLARD, WILLIAM, ironmonger, Croydon. Pet. June_1f. July 8, at one, at Mullen's hotel, Ironmonger-la. Sol. Pullen, Basinghall-st ASTON, GEORGE, builcer, Meir Green, Pet. June 18. July 1, at eleven, at office of Sol. Young, Longton ALDERMAN, STEPHEN, shoemaker, Northampton. Pet. June 19. July 10, at eleven, at office of Sol. Tomalin, Northampton BEVAN, EDWARD, watch manufacturer, Birkenhead. Pet. June 2). July 7, at half-past twelve, at the office of Mawson, f. Hamilton-sq, Birkenhead. Sol. Bleakley, Birkenhead BECKINGHAM. WALTER ORLANDO, printer. Portsea. Pet. June 20. July 7, at twelve, at the offices of Edmunds, Davis, and Clark, 98, Cheapside, City. Sol. Watts, South amp on ROBINSON, ARTHUR THOMAS, pawnbroker, Nottingham. Pet. June 19. July 7, at twelve, at office of Sol. Belk, Nottingham BRICE, EDWARD, saddler, Leicester. Pet. June 20. July 7, at twelve, at offices of Sols. Hunter and Curtis, Leicester BORRINGTON, JANE, plumber, Derby. Pet. June 19. July 10, at three, at office of Sol. Briggs, Derby BARTLETT, SAMUEL, builder, Uphill. Pet. June 17. July 3, CARTER, WILLIAM ROBERT, confectioner's manager. East-st, CARTER, THOMAS, farmer, Ashreigney. Pet. June 18. July CANDLER, FREDERICK THOMAS, builder, Long Melford. Pet. June 1. July 2. at two, at the Rose and Crown hotel, Sudbury. Sol. Mumford, Sudbury DARTNELL, DAVID, cabinet maker. St. Leonard's-n-Sea. Pet. June 18. July 2, at eleven, at offices of Bols. Aitkens and Hewitt, Hastings DAVIFS, EVAN, currier, Mold. Pet. June 18. July 4, at two, at the Queen's hotel, Chester. Sols. Kelly and Keene, Mold DAVIES, SAMUEL LLOYD, licensed victualler, Merthyr Tydfil. Pet. June 18. July 2, at twelve, at office of Sol. Price, Merthyr Tydfil DEAR, STEPHEN, cabinet maker, Leicester. Pet. June 19. July four, at twelve, at othices of Sols. Hunter and Curtis, Leicester DURBER, ISAAC, grocer, Audley. Pet. June 20. July 5, at eleven, at office of Sol James, Newcastle DAY, JOSEPH, slater, Kingston-upon-Hull. Pet. June 19. July 7, at eleven, at offices of Sols. Thorp and Firth, Kingston-upon-Hull DRAKE, JOSEPH, tailor, Castleford. Pet. June 20. July 7, at three, at office of Sol. Horner, Wakefield DUNN, MATTHEW, poultry dealer, Liverpool. Pet. June 20. July 11, at three, at offices of Connor and Taylor, accountants. Liverpool. Sols. Nordon and Levy, Liverpool DOE, WILLIAM, (trading as C. Hart) furniture dealer, Sevenoaks. Pet. June 19. July 8, at eleven, at the Cannon-st hotel. Sols, Holcroft and Son, Sevenoaks DAVIES, ANN, maker-up. Manchester. Pet. June 21. July 10, at four, at the office of Whitt, accountant, Kingst, Manchester. Sol. Bowden, Manchester EARP, WILLIAM, timber merchant. Newport. Pet. June 20. July 16, at twelve, at the Victoria hotel, Newport. Sol. Holsham, Stafford EVANS, JOHN, beerseller, Hanley. Pet. June 17. July 2, at half-past ten, at office of Sol. Ashmall, Hanley ELLSON, JOSEPH, coach builder, Chester. Pet. June 20. July at twelve, at offices of Sols. Nordon and Mason, Chester EVENS, JOHN HARRY, out of business, Dulwich. Pet. June 18. July 5, at half-past ten, at offices of Sol. Carter, Old Jewry-chmbrs FOLLEY, WILLIAM, builder, Bleilow. Pet. June 21. July 11, at three, at office of Sol. Rawson, Great Marlow. FLETCHER, CHARLES, out of business, Brierley Hill. Pet. June 19. July 5, at eleven, at office of Sol. Addison, Brierley Hill FIELD, JOHN, labourer, Egremont. Pet June 18. July 7, at eleven, at the Half Moon hotel, Durham. Sol. Pierce, Liverpool FEARNLEY, SAMUEL CANOVA, stonemason, Barnsley. Pet. June 18. July 9, at four, at office of Sol. Rideal, Barnsley GREEN, GODFREY, clothier, Leyton-rd, Stratford. Pet. June 17. July 2, at three, at office of Sol. Barnett, Palmerston-bldgs, Old Broad-st GREENWOOD, WILLIAM, out of business, Northowram. Pet. June 20. July 18, at twelve, at the New inn, Tyrrel-st, Bradford. Sol. Stansfeld GREATREX, CHARLES HOWARD, in lodgings, Walsall. Pet. June 19. July 4, at three, at offices of Wilkinson and Gillespie, Walsall GOODWIN, JOHN, saddler, Devonport. Pet. June 21. July 7, at twelve, at office of Sol. Pearce, Plymouth GALE, GEORGE, cordwainer, Cirencester. Pet. June 16. July 4, at three, at the Northgate hotel, Gloucester. Sol. Lovett, Cricklade GRESHAM, JOSHUA, farmer, Dunstan Fen. Pet. June 21. July 8, at eleven, at office of Sol. Durance, Lincoln HAWLING, WILLIAM, tailor, Spilsby. Pet. June 16. July 4, at two, at the Peacock hotel, Boston. Sols. Walker, Sons, and Rainey HOWARD, EDWARD, shingler in tin works, Britonferry. Pet. Jure 10, July 5, at eleven, at office of Sol. Davies, Neath HARRIS, JOSEPH THOMAS, engineer, Cannon-st. Pet. June 19. July 10, at two, at offices of Sols. Linklater and Co, Walbrook HAWKER, WILLIAM, innkeeper, Bridport Harbour. Pet. June 18. July 5, at eleven, at office of Sol. Day, Bridport HARRINGTON, HOWLAND, and HARRINGTON, WALTER, bicycle manufacturers, Wolverhampton. Pet. June 21. July 10, at eleven, at the Talbot hotel, Wolverhampton HOWARD, PHILIP HENRY, Esq, Corby Castle. Pet. June 21. July 10, at two, at the County hotel, Carlisle. Mounsey and Mounsey, Carlisle Sols. HARDING, JOHN, provision dealer, Hanley. Pet. June 14. HODGKINSON, GEORGE ENOCH, and WHITTON, GEORGE, steel HUTIN, SAMUEL, clerk, New Cross. Pet. June 18. July 7, at one, at office of Sol. Moss, Gracechurch-st JORDAN, WILLIAM PATRICK, tailor. Conduit-st. Pet June 19. July 10, at three, at office of Sol. Abrahams, Bedford row JORDAN, SAMUEL, jun, greengrocer. Kingston-upon-Hull. Pet. June 17. July 4, at three, at 8, Parliament-st, Kingston-upon-Hull. Sols. Woodhouse and Peach, Hull JENNS, WILLIAM HENRY, grocer, Thame. Pet. June 20. July 10, at twelve, at office of Sol. Fell, Aylesbury JONES, ANNE, grocer, Birkenhead. Pet. June 21. July 10, at three, at the offices of Mawson, 41, Hamilton-sq, Birkerhead. Sol. Bleakley, Birkenhead. KAYE, BEN GREEN, draper's assistant, Huddersfield. Pet. June 19. July 10, at eleven, at office of Sol. Armitage, Huddersfield LILLEY, FREDERICK GORE, fellmonger. Liverpool. Pet. June 21. July 8, at two, at offices of Gibson, Bolland, and Jackson, accountants, South John-st, Liverpool. Sols. Radcliffe and Smith, Liverpool LLOYD, WILLIAM, grocer, Stafford. Pet. June 21. July 8, at eleven, at office of Sol. Bowen, Stafford LINQUIST, OSKAR MAGNUS, timber merchant, Newcastleupon-Tyne. Pet. June 21. July 10, at eleven, at offices of Sols. Ingledew and Daggett, 3, Dean st, Newcastleupon-Tyne LONGHURST, WALTER, builder, Hastings. Pet. June 23. July 4, at twelve, at office of Sol, Langham. Hastings LANGRIDGE, THOMAS BENJAMIN, Midhurst. Pet, June 21. July 11, at three, at the Angel hotel, Midhurst. Sols. Johnson and Son, Midhurst MILLS, GEORGE, boot dealer, South Shields. Pet. June 20. MILFORD, JONN, wheelwright, St. Thomas the Apostle. Pet. MOORE, JOHN, licensed victualler, Bury. Pet. June 19. MARFELL, JAMES, grocer, East Dean. Pet. June 21. July 8, at eleven, at the White Horse hotel, Mitchel Dean. Sol. Whatley, Mitchel Dean MAHER, THOMAS, farmer, Bray. Pet. June 18. July 10, at eleven, at the Royal Adelaide hotel, King's-road, Windsor. Sol. Smith, Windsor. MOORE, JAMES, and MOORE, JAMES, jun, wheelwrights, Abergavenny. Pet. June 20. July 8, at twelve, at offices of Sols. Graham. Hutchins, and Blake, Newport. MORRIS, THOMAS, farmer, Audlem. Pet. June 19. July 7, at two, at office of sol. Lisle, Nantwich NASH, WILLIAM, and NASH, ALFRED JAMES, brush manufacturers, Bermondsey. Pet. June 20. July 8, at three, at offices Sol. Asbby, Clement's-la, Lombard-at NEEDHAM, NEEDHAM, Coal dealer, Oldham. Pet. June 20. June 7, at three, at offices of Sols. Buckley and Mattinson, Oldham OLDFIELD, THOMAS SUMMERS, builder, Reading. Pet. June 20 July 7, at eleven, at the Upper Ship hotel, Reading. Sol. Creed PEASEGOOD, ROBERT ALCOCK, general dealer, Chivalry-rd, Battersea Rise. Pet. June 16. July 8, at four, at office of Sol. Du'ton, Churton-st, Pimlico PHELPS, WILLIAM, chimney sweep, Cheltenham. Pet. June 20. July 7, at three, at office of Sol. Pruen, Cheltenham PUGSLEY, WILLIAM, out of business. Bristol. Pet. June 21. July 3, at twelve, at office of Sol. Essery, Bristol POCOCK, GEORGE, farmer, Chirton. Pet. June 20. July 7, at eleven, at the Castle hotel, Devizes. Sols. Meek and Jackson, and Marshall, Devizes POULTON, FRANCIS, farmer, Eardisley. Pet. Jone 18. July 4 at half-past ten, at office of Sol, Garrold, Hereford RANKINE, JOHN KIRKWOOD, draper, Walsall. Pet. June 21. July 7, at three, at offices of Sols. Dale and Vachell, Walsall RICHARDSON, THOMAS ALFRED, builder, Leicester. Pet. June 20. July, at three, at the offices of Tarratt and Tarratt, 12A, Market st, Leicester. Sols. Stone, BillsonWillcox, and Dutton RIDGWAY, THOMAS, plumber. Lewisham. Pet. June 20. July 9, at two, at office of Sol. Hughes, Lewisham ROBINSON, JAMES, accountant. Old Linthorpe. Pet. June 20. July 8, at eleven, at office of Sol. Robson, Middlesborough ROBINSON, GEORGE, clerk, Barnsley. Pet. June 18. July 9, at ten, at office of Sol. Rideal, Barnsley SHERRATT, WILLIAM, farmer, Michaelchurch Escley. Pet. June 20. July 8, at half-past eleven, at office of Sol. Scobie, Hereford STEVENS, THOMAS, out of business, Coseley. Pet. June 18. July 5, at eleven, at the Globe hotel, Bilston. Sol, Bowen Bilston SAMBROOK, SAMUEL, engineer, Wrockwardine Wood. Pet. June 19. July 8, at twelve, at the Caledonian hotel, Oakengates. Sol. Wilcock, Wolverhampton SWANSON, JOHN GEORGE, coal merchant, Tynemouth. Pet. June 21. July 7, at eleven, at.offices of Sols. Harle and Harle, Newcastle-upon-Tyne SMITH, JOHN, ironmonger, Cardiff. Pet. June 19. July 7, at half-past ten, at the Royal hotel, Cardiff. Sol. Cousins Cardiff WAKE. JOHN, builder, Rotherham. Pet. June 20. July 8, at three. at othces of Sols. Hodgkinson and Pashley' Rotherham WATSON, HENRY, saddler, Halifax. Pet. June 21. July 8, WILLIAMS, JAMES, timber merchant. Watton. Pet. June WILLIAMS, LEWIS, grocer, Aberdare. Pet. June 19. July 4, Dibidends. BANKRUPTS' ESTATES. The Official Assignees, &c., are given, to whom apply for the Dividends. Webb, T. B. B., drag r, second, 6d. At Pagat, Lincoln's inn-fields-Beaumont, W., cotton spinner, first, 58. At Trust. Rob rts, Halifax-Bone, G. R. W., draper, first 18 3d. At Trust. Clements, Cheapside.-Collins, J. C., seedsman. div. of 7d. At Trust. Hewson. KnaresboroughEvans, W., grocer, first 48. 3d. At Williams, Griffith, and Taylor, Montgomery.-Forbes, D. E., solicitor, first. 8d. At Trust. McCreight. Grav's-inn.-Rogers, F, architect, first 4d. At Trust. Macgillivray, Moorgate-st.-Southwell R. and T., cotton manufacturers, first, 6s. 3d. At Trust. Chadwick, Rochdale,-Pincett, G. victualler, first, 10d. At Sols. Hallett, Creery, and Furley, Ashford-You, H., butcher, final, ls. 3d. At Trust. Galloway, Guisborough. ALEXANDER-On the 14th inst., at Arbroath, the wife o CLAY-On the 23rd inst., at 3, Gordon-street, Gordon-square, the wife of William Henry Clay, of the Middle Temple, Barrister-at-law, of a son. CRESWELL-On the 21st inst., at Daventry, Northants, the wife of S. B. Cresswell, Esq., solicitor, of a son. FAWCETT-On the 16th inst., in London, the wife of J. Henry Fawcett, Esq., Judge of the Supreme Court, and H.M.'s Consul-General, Constantinople, of a daughter. HERSCHELL-On the 20th inst., at 46, Grosvenor-gardens, the wife of Farrer Herschell, Esq., Q.C., M.P., of a daughter. JACKSON-On the 25th inst., at Woodwille, Gravesend, the wife of Richard Stephen Jackson, of St. Benet's place, Gracechurch-street, E.C., and Sittingbourne, Solicitor, of a son. PEARCE-On the 20th inst., at Stratford-upon-Avon, the wife of Alexander Pearce, Esq., Solicitor, of a son. RENSHAW-On the 21st inst. at 89, Queen's-gardens, Lancaster-gate, W., the wife of Walter Renshaw, Esq., Bar. rister-at-law, of a son. MARRIAGES. JESSON-PEACH-On the 24th inst., at 3t. Botolph's, Sheep shed, by the Rev. H. C. Turner, assisted by the Rev. C. D. Rae, Thomas Jesson, Esq., of Bardon Lodge, in the county of Leicester, solicitor, to Charlotte, the third and youngest daughter of Mr. S. Peach, of The Elms, Thringstone, in the same county. PROCTOR-BALDWIN-On the 19th inst., at Gigglewick parish church, Richard Proctor, of Burnley, solicitor, to Eliza beth, second daughter of the iate Alexander Baldwin, of Burnley, solicitor. DEATH. THOMPSON-On the 16th inst., at Bongate Hall, Appleby, Westmorland, George Rowland Thompson, Esq., solicitor. and coroner for the county of Westmorland, aged 47. SCOONES, WILLIAM, barge builder, Faversham. Pet. June PAINLESS 20. July 8, at eleven, at office of Sol. Gibson, Sittingbourne SKIRVING, DAVID, and AYLAND, SAMUEL, sponge cloth manufacturers, Moston. Pet. June 20. July 11, at three, at offices of Sols. Grundy, Kershaw, and Co, Manchester SMITH, KOBERT, decorator, Bury. Pet. June 20. July 9, at three, at office of Sol. Anderton, Bury, SEDDON, FREDERICK HENRY, commercial traveller, Falcon- STEWART, WILLIAM GREENWALL, innkeeper, Nantwich. DENTISTRY. ARTIFICIAL TEETH. MR. G. H. JONES, Surgeon Dentist, 7. GREAT RUSSELL-STREET, LONDON, Has obtained HER MAJESTY'S ROYAL LETTERS STONHAM, JOHN, wheelwright, Rye. Pet. June 14. July 2, ARTIFICIAL TEETH BY ATMOSPHERIC PRESSURE at twelve, at the Cinque Ports hotel, Rye. Sol. Savery, Hastings TAYLOR, ROBERT ARTHUR, machinist, Birmingham. Pet. June 18. July 4, at three, at offices of Sols. Buller and Bickley, Birmingham Pet. TAYLOR, CHARLES, stonemason, Barnsley. Pet. June 21, WILLIAMS, CHARLES GLEVILLE, THOMAS, EDOUard George Pamphlet gratis and post free. PEARS TRANSPARENT SOAP WARRINGTON, HENRY JAMES, dentist, Manchester. Pet. PURE, FRAGRANT, & DURABLE. June 20. July 11, at three, at office of Sol. Tucker, Manchester WILLIAMS, RICHARD, architect, Lee Wood. Pet. June 20. THE July 15, at three, at offices of Sols. Grundy, Kershaw, Best for Toilet, Nursery, and Shaving. Saxon, Samson, and Watkin, Booth-st, Manchester. Sols. Hargreaves and Knowles, Newchurch OF ALL CHEMISTS AND PERFUMERS. In the case of Walker v. London Tramways Company before the MASTER of the ROLLS on the 20th ult. his Lordship pronounced an extremely important decision on the power of companies to alter their articles of association, where such alteration is prohibited by the same instrument. On the 14th March last, in an action of Davison v. Gillies, relating to the same company, the same judge decided that the amount standing to the credit of a fund the creation of which was provided for by the articles of association, and called the "Contingency Fund," could not be applied in VOL. LXVII, No. 1892. supplying any ordinary want of the company, such as repairs or renewals, but could only be dealt with in case of any extraordinary or unexpected event. The company being now desirous of applying the sum of £19,000, the present amount of the fund, in purchase of new rolling stock, and in repairs, had passed special resolutions rescinding the articles providing for the creation of the "Contingency Fund," and preventing alteration, and had enacted another article allowing application of the fund in the mode desired. The question submitted to the court was whether the company had power to alter their regulations where in effect by certain articles the alteration of the particular regulations was forbidden. By sect. 50 of the Companies Act 1862, "subject to the provisions of the Act and to the conditions mentioned in the memorandum of association any company may," by special resolution, "alter all or any of the regulations contained in the articles of association, or make new regulations to the exclusion of or in addition to all or any of the regulations of the company, and any regulations so made by special resolution shall be deemed to be regulations of the company of the same validity as if they had been originally contained in the articles of association, and shall be subject in like manner to be altered or modified by any subsequent special reduction.” The MASTER of the ROLLS said, that in his opinion no company could contract itself out of the power of altering their articles of association given to them by the above section, as it would be in fact repealing the Act of Parliament by saying certain articles should not be altered. Unless a company were prohibited by their memorandum from altering any regulations, in his opinion they had power to make any alterations in their articles they liked. They could, as in this case, alter the destination of part of their funds, though they could not of course, for instance, say, that any particular class of shareholders should have any preferential claim to their assets. He, therefore, made the declaration asked for that the alterations were valid. As far as we know this is the first decision on the point, and as we believe many companies have clauses in their articles prohibiting the alteration of the articles in certain particulars, it is extremely important for shareholders to have the authority of the MASTER of the ROLLS that such clauses are all capable of revision. ALTHOUGH it is scarcely likely that the precise question which was raised in the recent case of De Guchy v. Wills will soon recur, the decision of the Common Pleas is none the less interesting. The main point in the case had reference to the liability of a husband for the ante-nuptial debts of his wife. There were peculiar features in the circumstances of the claim which, as we have said, render the recurrence of a similar action improbable. Before her marriage the wife ordered various goods of a Jersey tradesman. These were unpaid for, and the debt thereby contracted remained unpaid when the marriage took place in this country, subsequently to the passing of the Married Women's Property Acts. By the common law of England a man upon marriage took on himself the contract liabilities of his wife. This rule still appears to prevail in Jersey. In England the common law doctrine has been considerably modified by the Legislature. By the 12th section of the Act of 1870 a husband married after the 9th Aug. 1870 was released at law from all liability on the ground of coverture to pay his wife's debts contracted when sole, irrespective of the question whether or not he had become entitled to any property in respect of his wife. The wife was, at the same time, made liable to be sued for, and any property belonging to her for her separate use was made liable to satisfy, her debts contracted before marriage. By the 2nd section of the Act of 1874, so much of the Act of 1870 as enacted that a husband should not be liable for the debts of his wife contracted before marriage was repealed; but the liability of the husband was limited to the extent of his assets as defined in 37 & 38 Vict. c. 50, s. 5, provided an issue has been raised to relieve him from a general personal responsibility in respect of such debts. On behalf of the plaintiff in the above-mentioned action it was argued that the law which governed the case was that of Jersey, and that inasmuch as the contract under which the goods were supplied had been made there, the defendant could not take shelter under the provisions of the above Acts. At first sight the case does not seem to be relieved of its difficulty by the application of the rule that the lex loci contractus governs the contract. In what sense does the lex loci govern the case? Does it govern the contract to the complete exclusion of the law of England? The latter question may be answered in the negative, and allow of the application of the rules acknowledged here. The lex loci certainly governed the contract made by the wife to the extent of making her liable upon it; but the law of England governed the marriage and its incidents so as to relieve the husband of antenuptial contracts made by his wife. This in effect was the conclusion to which the Court came. The argument of convenience and of expediency certainly favours that corclusion. A NEW and remarkable defence to an indictment for perjury was lately, after prolonged argument and consideration, held to be bad in law by the Court for Crown Cases Reserved. |