« AnteriorContinuar »
Railway Law. - Actions by Allottees. was decided in Trinity Term, 1816. In termined, will be found to be materially disthat case, the plaintiff deposited her money tinguishable from those involved in the deupon a letter of allotment, by which the cision of the Court of Common Pleas, in the provisional committee undertook that the more recent case of Wontner v. Shairp, in letter, with the bankers' receipt for the which judgment was pronounced on the last deposits, would be exchanged for scrip on day of Easter Term. In that case, the its production at the office of the company, plaintiff applied on the 25th of September, and on the execution of the parliamentary for thirty shares in a proposed undertaking, contract and subscribers' agreement. The called "the Direct London and Exeter plaintiff made the deposit, and applied at Railway Company,” in which the intended the company's office to have the letter and capital was announced to be three millions, receipt exchanged for scrip, and to execute to be raised in 120,000 shares. The thirty the necessary deeds; but she was ultimately shares applied for by the plaintiff were al. informed, that the directors had determined lotted to him, and at his request, the allotnot to issue any scrip, and that the depo- ment was afterwards increased to sixty sits, minus the expenses, would be re- shares, and the plaintiff was informed, by funded. It appeared, that although there a circular from the secretary, that the dehad been applications for as many as posit of 11. 73. 6d. per share was to be paid 400,000 shares, 70,000 only had been al- into the company's bankers before the 18th lotted, and the allottees had only paid de- of October. Previous to the day last menposits upon 4,000 shares. Under those tioned, the managing directors caused an circumstances, the plaintiff brought her advertisement to be inserted in the public action against the defendant, as one of the newspapers, announcing that the allotment managing committee, to recover back the of shares was completed; and on the 21st sum paid by way of deposit, and declared, of October, the plaintiff paid into the comin the first count of the declaration, for a pany's bankers the sum of 821. 10s., being breach of the special contract to deliver the deposit on sixty shares; and on the 4th scrip certificates; and secondly, upon the of November, executed the subscription count for money had and received to the contract, which contained, amongst other plaintiff's use. The defendant pleaded things, an authority to the managing direcnon-assumpsit. A verdict was taken for tors to defray all reasonable expenses which the plaintiff
, with leave to move to enter a inad been or might thereafter be incurred. nonsuit; and a rule having been obtained Ultimately, it turned out that the managing accordingly, the case was argued in the directors had only allotted 58,000 out of Court of Exchequer. The court did not 120,000 shares, and that the money paid give any opinion upon the special count, by the shareholders by way of deposit was but decided that the plaintiff was entitled expended, there not being enough to deposit to recover on the count for money had and in pursuance of the parliamentary orders. received, upon the authority of Nochells v. On the 15th of December, the plaintiff atCrosby (3 Barn & Cr. 814.) The principle tended a meeting of shareholders, at which upon which the judgment of the court ap- the number of shares allotted was stated, pears to have proceeded is, that no part- and a resolution, expressive of confidence nership had actually commenced, and that in, and approval of, the conduct of the dian application for shares and payment of rectors, was agreed to by the majority deposits in a scheme which turns out to be present, but dissented from by the plainabortive, amounts to nothing, as the allot- tiff. Under those circumstances, the plainment is not really a compliance with the tiff sought, in an action for money had and application. The deposit, it was said, was received, and on an account stated, to repaid for the special purposes of a concern cover back from the defendant, who was a which was abandoned, and therefore could provisional committeeman, and also one of not be applied to those purposes; and upon the committee of management, the sum these grounds, the court held that the paid by him as a deposit. The case was plaintiff was entitled to have back the argued at great length, upon a rule to enter whole sum paid by way of deposit, on the a nonsuit, or for a new trial, and the court, count for money had and received. after taking time to consider, pronounced
The facts in Walstabb v. Spottiswoode, its judgment in favour of the plaintiff, and the principles upon which it was de- mainly on the grounds that the application
for shares and letter of allotment did not
constitute a contract binding on the plain© Reported Leg. Obs., vol. 32, p. 180. tiff, and that he paid his money upon a
EXTENSION OF LAW SOCIETIES.
Railway Law.—The Metropolitan and Provincial Law Association. fraudulent representation. The plaintiff There is another case, of Woolmer v. asked for sixty shares in a project which| Toby, from the Western Circuit, bearing on was to have a capital of three millions, this question, and which our readers will raised by 120,000 shares ; and the com- remember created a considerable sensation mittee professed to allot to him what he at the time it was tried. This case has asked for, but, in truth, allotted him a been argued in the Court of Queen's different thing-sixty shares in a project Bench, and now stands for iudgment. We in which there were only 58,000 shall take an early opportunity of calling shares allotted by the committee, al- attention to this judgment when prothough applications had been made by nounced, as there will then be the delibesolvent parties for the whole number rate opinion of the three common law of 120,000 shares. The advertisement courts on questions arising out of actions stating that the committee "had completed by allottees. the allotment of shares," must be taken to be addressed to all who were interested, METROPOLITAN AND PROVINand, amongst others, to the plaintiff, who
CIAL LAW ASSOCIATION. had then in his possession the letter allotting him 60 shares. The jury were justified in finding that the statement contained in this letter was a material induce
The committee of management of this ment to the plaintiff to part with his money,
association, in their address to the profesand as that statement was not well founded sion, a strongly recommend the extension within the knowledge of the directors, it of local law societies in furtherance of might be considered as a fraudulent mis- the objects of the association. They exrepresentation. As to the plaintiff's at- hort every solicitor in the kingdom, who is tendance at the meeting of shareholders, not already a member, to join one of the he could not be considered thereby to present societies in his immediate district, have waived his right to recover back bis and if there be none, to assist in founding deposits, or to have assented to any acts a society, in order that the whole profesof the directors. The court, therefore, sion may ultimately be comprehended in considered that the verdict taken for the one general association. plaintiff must stand.
Looking over the list of provincial law In comparing the two cases particularly societies already established, we find there . referred to, it will be observed, that al. are no less than 16 counties in England, though in both cases the court held that and 10 in Wales, where no law society the plaintiff
' was not bound by the applica- is now in operation. It may, therefore, tion for shares followed by the allotment be useful to state the names of these and payment of deposits, in Walstabb v. counties; the principal places where it Spottiswoode, this conclusion was arrived may be most advantageous to establish at on the ground that the scheme was societies; and to point out the neighbourabortive, and nothing whatever allotted,” ing law societies which doubtless will be whilst in the case of Wontner v. Shairp the ready to assist in the proper constitution of same result appears to have been arrived such other societies as may be required." at on the principle, that the allottee liad got their
alphabetical order :
We will first name the English counties in something different from what he asked, namely, an allotment of shares in a concern BEDFORDSHIRE. The principal towns at with a smaller amount of capital. Wontner one of which a society might be conveniently v. Shairp also differs materially from Wal- located, are Bedford and Woburn. The adstabb v. Spotliswoode, because the plaintiff joining societies hold their head quarters at in the first of these cases had executed the
Northampton,- Secretary, Mr. George Abbey;
at Cambridge, Mr. Foster, jun.; and at Aylessubscription-deed, which expressly autho- bury, Mr. 'l'indal. rised the appropriation of the money de. BERKSHIRE. The principal towns at which posited to the payment of preliminary ex- a society might be formed in this county are, penses—a circumstance which the Court of Reading and Abingdon. The nearest adjoining Common Pleas seems to have considered societies are those at Oxford,-Mr.J.M. Davenwould have amounted to an answer to the port, Secretary; and at Aylesbury, Mr. Tindal. action, if there had not been a fraudulent
a See p. 41 ante. representation, under the influence of which
There are law libraries to some extent in the plaintiff was supposed to have parted different places, whose aid might be rendered with his money and also executed the available. deed.
Metropolitan and Provincial Law Association.
93 CHESHIRE. The city of Chester and the ANGLESEY. Principal town, - Anglesey. town of Birkenhead are here the principal BRECKNOCK. Principal town,-Brecon. places. The adjoining societies are at Liver- CARDIGAN. Principal town, -Cardiyan. pool,-Mr. George Webster, Secretary; and at CARMARTHEN. Principal town,-CarmarWrexham, Mr. John Lewis.
then. CORNWALL. The most eligible towns are, CARNARVON. Principal towns,- Bangor Falmouth and Launceston. The nearest law and Carnarvon. societies are at Plymouth and Exeter : of the GLAMORGAN.
Principal towns,-Swansea former, Mr. Pridham is Secretary, of the latter, and Cardiff. Mr. Terrell, and of Devonshire generally, M MERIONETHSHIRE. Principal towns,--Bala Campion of Exeter.
and Dolgelly. DORSETSHIRE. Principal towns,-Dorches- MONTGOMERY. Principal towns,-Welchter, Weymouth, and Bridport. The nearest pool and Newtown. law societies are at Exeter, (as above men
PEMBROKE. Principal towns,- Pembroke tioned); at Wilton, of which Mr. John Swayne and Haverfordwest. is Secretary; at Taunton, where Mr. Pinchard Radnor. Principal town,-Presteigne. is the Secretary; and at Bridgwater, Mr. Ruddock.
We fear these lists may not be entirely Essex. Principal places,-Colchester and accurate, but believe they are sufficiently Chelmsford. The nearest law societies are at so to be of considerable use, and we have Cambridge, - Secretary, Mr. Foster, jun.; at ventured to give them immediate publicity Bury St. Edmunds, Mr. James Sparke.
HAMPSHIRE. Principal places, -- Winches- because, looking at the approach of the ter, Southampton, and Portsmouth. The nearest sessions and assizes, and at the probability law societies are held at Wilton (vide suprà) and of an early general election,—we think there Brighton,-Secretary, Mr. Edward Cornford.
should be no time lost in calling together HEREFORDSHIRE. Principal town—Here- some influential persons in some or one of ford. Nearest law society at Gloucester,-Mr. the large towns referred to, and taking the John Burrup, Secretary:
matter into consideration. It will be found HERTFORSHIRE. Principal places,--Hert- that in several of these places there formerly ford and St. Albans. Nearest law society at existed law societies, which, for want of Aylesbury and London. HUNTINGDONSHIRE. Principal town,
official activity, ceased to meet, but may Huntingdon. Nearest law societies at North- be readily revived. Preliminary meetings ampton and Cambridge, (vide suprà.)
should take place immediately, and at the LEICESTERSHIRE. Principal place,-Leices- next quarter sessions and the ensuing ter. Nearest law societies at Birmingham,-Mr. assizes new societies might be regularly Thomas S. James, Secretary; Derby, Mr. established and put in communication withi Simpson; Bilston, Mr. Willim. MONMOUTHShire. Principal towns,-Mon
the general association in London. mouth and Newport. Nearest law society at
It may be proper to observe, that in all Bristol,--Mr. Wasbrough, Secretary; at Glou- these counties, where the attorneys and cester, (vide suprà.)
solicitors are unrepresented by any law soNOTTINGHAMSHIRE. Principal towns, ciety, there are several members of the Nottingham and Newark. Nearest law societies, Incorporated Law Society, and, considerDerby (vide suprà) and Lincoln,-Secretary, ing the report at the last annual general Mr. E. A. Bromehead.
RUTLANDSHIRE. Principal town, -- Oke- meeting, (from which we quoted in our ham. Nearest law society at Northampton, those gentlemen would readily assist at a
last number, p. 69, ante,) it is probable (vide suprà.)
SHROPSHIRE. Principal town,—Shrews- meeting convened for the purpose of formbury. Nearest law society at Wolverhampton,- ing a new society. Secretary, Mr. William Dent.
We avail ourselves of the following pasWorcestershire. Principal place, -Wor- sages in the address, which well and aptly cester. Nearest law societies at Birmingham support the recommendations of the comand Gloucester (vide suprà.)
mittee regarding the extension of law soProceeding to the Welch counties which cieties : remain unrepresented, we are unable to
‘Many advantages will result from this refer to any contiguous law societies, for,
Union will be one, and not the with the exception of Denbighshire and least. It may appear tu some to partake of Flintshire, there are none in the princi- paradox, but it is nevertheless true, that no pality; and the English counties bordering class of the community has been so supine and thereon, such as Chester, Salop, Hereford, inactive in the assertion of their own rights, or and Monmouth, are equally without legal permitted more passively aggression and enassociations. We can, therefore, only
• Their names are distinguished in the Law suggest where a “local habitation”
might List by an asterisk. be found.
DRAINAGE OF LAND.
Metropolitan and Provincial Law Association.—New Statutes. croachment. Scattered and divided, the pro- the public, and closely connected with the fession has been weak; combined their power right administration of justice. We shall, will be, for the accomplishment of every reason- therefore, with the aid of our learned and able object, amply sufficient. Another advan- able contributors, most heartily support tage that may be looked for is, the salutary control over all its members which may be at
the association. tained by means of such an extended association: thus, disputes may be adjusted, rules of NEW STATUTES EFFECTING ALTERA. practice established, misfeazance prevented, and, what has hitherto been wanting, support
TIONS IN THE LAW. and encouragement afforded to the attorney, under circumstances of trial and difficulty, which may soinetimes meet him in the fair and honourable discharge of professional duty."
10 Vict. c. 11.
An Act to explain and amend the Act authorize And again it is urged that
ing the Advance of Money for the Improve“This important measure, if carried out, will ment of Land by Drainage in Great Britain. promote fair and honourable practice, an ob
30th March, 1847.] ject equally beneficial to the public and to all 9 8. 10 Vict, c. 101,
Certain expenses branches of the profession. Îo these societies, deemed to be included as expenses of works of or to the general association, appeals may be Drainage. Whereas an act was passed in the made on disputed points of professional usage ; last session of parliament, intituled “ An Act to abuses may be examined and rectified, and ap- authorize the Advance of Public Money, to a plications to the superior courts, or to parlia- limited Amount, to promote the Improvement ment may be concerted.”
of Land in Great Britain and Ireland by Works In thus promoting "fair and honourable of Drainage:” And whereas it is expedient practice” amongst attorneys and solicitors,
amended : Be it enacted by the Queen's most the character and position of that branch excellent Majesty, by and with the advice and of the profession cannot fail to be raised in consent of the Lords spiritual and temporal, public estimation. Another, and a not less and Commons, in this present parliament asimportant, object announced in the address sembled, and by the authority of the same, is, the suggested improvement in legal edu- 1. That the expenses hereinafter mentioned cation. If the proposal of the committee shall be deemed to be and may be included be carried out, we doubt not that hereafter respect of which advances may be made under
the expenses of works of drainage, in the position and prospects of the profession the provisions of the said act; (that is to say,) will be greatly advanced.
The expense of making or improving and For the present we would earnestly
securing from or for the benefit of the land second the proposition of the committee, proposed to be improved by Drainage an and join in the exhortation to extend the outfall through other land, or such part, benefits of professional societies, enlisting
as the commissioners may think reasonthe friendly co-operation of practitioners
able, of the expense of making or improvboth in town and country, and thereby se
ing and securing such outfall, for the
benefit of the land in respect of which the curing, on the one hand, their own honour
advance may be applied for, and of other able station, and on the other, the faithful
land : discharge of professional duty. The mis- The expense of making open drains and take hitherto has been to consider the town watercourses, including such open drains and country solicitors as having distinct and watercourses as may need frequent reinterests. To effect the objects in view
pair, where reasonable security for their the whole of this branch of the profession
maintenance shall appear to the commis
sioners to be afforded by the interests or ought to act in unison.
liabilities of the tenants and occupiers of Knowing how important it is to keep the land : alive the attention of our brethren,-ab- And the expense of fencing, trenching, and sorbed as they are, for the most part, in clearing the surface of land to be drained their urgent duties to their clients,—we for the purpose of converting the same shall endeavour from time to time to en
from waste or pasture into arable or tillage large upon the several topics in the address,
land, where such fencing, trenching, and
clearing respectively shall appear to the and add, we hope, some useful information
commissioners to be necessary to secure and suggestions for the consideration of the
and render productive the proposed imcommittee and the members generally in
provement by drainage : working out their important objects. It Provided that it shall appear to the commisappears to us that the views stated in the sioners that in all the cases aforesaid the works opening address are deeply interesting to will effect an improvement in the yearly value
New Statutes effecting Alterations in the Law.--Drainage of Land.
95 of the land, which will exceed the utmost yearly previous application may have been made, the amount which can be charged thereon under commissioners may, in dealing with such subthe said act in respect of the advance applied stituted application, give the same the benefit for.
(if any) in respect of priority to which they 2. Plans, &c., may be dispensed with in cer- might have deemed it entitled if it had been tain cases.- That where by the said act the made at the same time, and instead, in whole plan, estimate, and specification of the proposed or in part, of the previous application: Prodrainage is required to be inspected or ex- vided always, that every such substituted apamined by and to be annexed to the report of plication shall
, in respect to the notice required the assistant commissioner, or surveyor or en- to be given by advertisement, and all inquiries gineer, it shall be sufficient for the assistant and proceedings to be had thereupon, except commissioner, or surveyor or engineer, unless as aforesaid, be dealt with as an original applithe commissioners shall otherwise direct, to in- cation. quire into and to embody in his report such 5. Where separate applications have been particulars of the land proposed to be drained, made by the same owner for several advances, and of the proposed or any other manner of the same may be consolidated. That where effecting the drainage thereof, and of the esti- separate applications shall have been made by mated expenses of such drainage, as shall the same owner for several advances for the appear to him necessary and sufficient to enable drainage of several lands, or where successive the commissioners to judge of the expediency applications shall have been made for an adof an advance in respect of the proposed vance, and a further advance for works of works; and where in the provisional certificate, drainage on the same lands, it shall be lawful or in any subsequent proceeding, reference is for the commissioners (with the consent of the by the said act required to be made to the plan owner for the time being of such lands or land) and specification annexed to such report, refer- by their provisional certificate, or by any other ence may be made thereto, or to the said re- writing under their seal, to declare such several port, as circumstances may require ; and it applications to be consolidated and treated as shall be lawful for the cominissioners to certify one application, and thenceforth the proceedtheir opinion that an advance should be made ings and the provisional certificate, and the in respect of any works, notwithstanding any certificates respectively which shall be had and deviation therein from the proposed manner of issued upon such consolidated application, effecting the drainage, if such deviation shall shall be had, framed, and issued respectively in appear to the commissioners to be expedient, the same manner, and shall have the same and productive of improvement as permanent force and effect in all respects, as if the aggreand of as great yearly amount as the manner at gate amount of the advances applied for by the first proposed.
several applications had been applied for, and 3. Applicants for advances may withdraw or in the case of several lands and works as if reduce the amount of their applications. That such several lands and works had been all all parties who shall have made applications for mentioned and included in one application: advances under the said act may at any time, Provided always, that where such separate apbefore provisional certificates shall have been plications as aforesaid shall have been made for issued thereon respectively, by writing, ad- advances for the drainage of several lands, dressed to the commissioners, withdraw or re- such applications shall not be consolidated duce the amount of the advances for which without the like notice by advertisement of the their several applications are made; and the proposed consolidation as by the said recited commissioners may deal with any application act is required in respect of an application for for such reduced advance in the same manner an advance; and where such notice by adverin all respects as if the advance for which such tisement shall be given, any person who would application is made had been originally limited have been authorised to dissent from an applito the amount to which the same shall be so cation for an aggregate advance in respect of reduced.
the lands comprised in such several applica4. Applicants may substitute applications (in tions may dissent from such proposed consolirespect of other lands) for the applications with-dation, and the provisions of the said recited drawn or reduced in amount.-- That any party act in relation to dissents shall be applicable to who shall withdraw an application or reduce dissents from a proposed consolidation. the amount of the advance for which his appli- 6. Advances may be made on account in cercation may have been made, under the pro- tain cases.—That where a provisional certificate vision hereinbefore contained, may at the time has been or shall have been issued under the of such withdrawal or reduction substitute for said act, it shall be lawful for the commisthe application so withdrawn an application for sioners, whether a declaration shall or shall not an advance of the drainage of any of his lands have been inserted in the provisional certificate not comprised in his previous application; and for this purpose, to certify to the Commissioners if the advance applied for by such substituted of the Treasury that an advance on account application do not exceed the advance for which should be made in respect of any part of the the application so withdrawn may have been proposed works which shall not have been acmade, or (in the case of such reduction as tually executed, not exceeding in amount the aforesaid) do not exceed the amount withdrawn whole of the sum then actually expended by reduction from the advance for which the therean, in case it shall be shown to the satis