an affidavit that it was not the custom, in the course of business, to require a written memorandum, where there was a deposit of shares, under the circumstances stated in the petition. The only question on the petition was as to the costs. Mr. Bacon, for the petitioners, contended that, although there was no written memorandum, the case did not come under the class of mortgagees' petitions without a written memorandum; and that, by reason of the circumstances stated in the affidavit as to custom and course of business, it came under the class of mortgagees' petitions with a written memorandum, the evidence of custom and course of business having the effect of a written memorandum. He cited Ex parte Sheppard (1). Mr. Brodrick, for the assignees. SIR J. L. KNIGHT BRUCE said that he thought that the costs should be given as in the case of deposit with a written memorandum. (1) 2 Mont. D. & D. 431. INDEX TO THE SUBJECTS OF THE CASES IN CHANCERY AND BANKRUPTCY, IN THE LAW JOURNAL REPORTS, VOL. XXVII.-XVIII. NEW SERIES. CHANCERY. Accumulations-By deed of settlement in 1817 R. vested stock in trustees, and directed them to accumulate dividends during joint lives of A. and his wife, and upon decease of A, to pay dividend to his wife if she survived her husband for life, and upon her death, stock, with accumulations, to go to her daughter upon attaining twenty-one. Direction to accumulate good for so much of joint lives of A. and his wife as expired during life of settlor. Rosslyn's Trust, 98 Testator devised real estate to trustees, upon trust for A. for life; and directed them, after death of A, to accumulate rents for twenty-one years from death of A, and, at end of that period, to divide accumulations in manner mentioned in will. Will did not contain any residuary devise or bequest. Testator died in 1824, and twenty-one years from his death expired in 1815. A. died in 1837, and twenty-one years from death of A. would expire in 1858. Heir-at-law entitled to interest of fund accumulated between 1837 and 1845, and rents of property until 1858. Bequest of fund to be divided among children of A, children of B, children of D, and to E, if he should then be living, and, if not, E.'s share to be divided into four parts, and paid to children of A, B, C, and D. "in manner aforesaid." Fund divisible among children per stirpes and not per capita. Nettleton v. Stephenson, 191 Acquiescence. See Company. Administration of Estate-În creditors' suit against administrator of intestate and assignees of administrator, who afterwards became bankrupt, no costs of suit given to bankrupt or his assignees. Assignees not entitled to costs of petition served on them by equitable mortgagee, not party to suit, praying payment to him out of court of monies arising from sale of mortgaged estate, not sufficient to pay principal and interest monies, and to sale of which he had consented. Carr v. Henderson, 39 Plaintiff, one of class of persons interested in testator's residuary personal estate, who files bill for its administration, entitled to costs of suit out of fund generally; but if some of parties beneficially interested have incumbered or absolutely assigned their portions of fund, costs of assignors only INDEX, Chanc. & Bankr. allowed, to be paid to their assignees respectively, and rest of costs incurred by assignees to be satisfied out of assigned shares respectively. Greedy v. Lavender, 62 Costs of proceedings in Ecclesiastical Court incurred only for purpose of making suit complete, borne by general fund. Cotton v. Penrose, 128 Fund settled on A. for life, with remainder to B. and others. B. mortgaged his reversionary share to C, and was afterwards convicted of felony. In suit for administration of fund, to which C. and Attorney General defendants, Attorney General not entitled to his costs out of general fund. Kitchener v. Kitchener, 152 Creditor, who without notice of decree in administration suit, had commenced action in Scotland against administratrix, and afterwards had come in under decree but declined to undertake to discontinue his action, fixed with costs of motion for injunction to restrain proceedings at law. After decree in administration suit, creditor not allowed, in first instance, to proceed at law to ascertain claim, on grounds that cause of action arose in Scotland, witnesses resident there, and questions of Scotch law involved. Graham v. Maxwell, 225 A, legatee under will, assigned interest to B. for benefit of creditors. Suit instituted for administration of testator's estate, to which A. and B. parties. A. joined with other legatees in his answer; B. answered separately. B. not entitled to costs out of testator's general estate. Heywood v. Grazebrook, 303 In creditors' suit directed to try consideration of bond given by testator to his son, it being admitted that executor had at time of transactions between himself and bond creditors sufficient assets of testator in his hands to satisfy amount of those debts, executor was entitled to prefer them to others of equal degree, and to be allowed payment of them in passing his accounts. Immaterial to consider whether assets converted into cash for purposes of those transactions; they not being invalidated by omission of actual payment of cash or delivery of goods of equivalent value by executor to those creditors. Executor defendant in suit, ordered to be plaintiff at law in trial of issue. Motion by him, Upon motion by way of appeal against an order After order of Vice Chancellor, referring it to costs. Order irregular, and discharged, but without If no time limited by special order for making Plaintiff, having obtained special injunction Appearance Defendant served with petition, al- Suit against husband and wife, and husband, Arbitration-If parties to suit agree under order of privileged from arrest while attending registrar's Articled Clerk. See Attorney. Assignment. See Settlement. See Orders of December 29, 1848, 503 Banker-At time of bankers suspending payment, Bankrupt. See Parties. Baron and Feme-Mere creditor of defendant lent Right of wife to jointure under deed of arrange- See Appearance. Company. Settlement. In serving copy of bill under 23rd Order of After bill filed and appearance entered defen- See Amendment. Costs. Parties. Cathedral. See School. Charity-Estate vested in trustees in fee in trust for numerous heirs. On petition by persons administering trust, Court ordered that (in default of heirs of intestate appearing in answer to advertisements to be inserted in certain newspapers) Master should appoint person to convey estate to acting trustees. Belke's Charity, 152 Exhibitions of free grammar school confined to poor boys on foundation, and boarders allowed to be taken by head master excluded from participating in them. Whether trustees of charity lands entitled as of right to be heard in support of Attorney General appearing for charity-quare. Information on behalf of charity against corporation claimed certain lands long since confounded by latter with its own property, and of which it had granted building leases: claims of charity only partially succeeded, and no fraud imputable to corporation : information also prayed for scheme in respect of charity. Court, to avoid expense and difficulty of apportioning and setting off costs, gave none to corporation, and ordered those of other defendants and of relators to be paid out of charity fund. Solicitor General v. Bath and Attorney General v. Blair, 275 See Mortmain. Power. Will. Charter. See Discovery. Company - Shareholder in trading company filed bill on behalf of himself and all other shareholders, except defendants, complaining of acts done by directors and others, injurious to interests of company. Suit not authorized by general meeting of shareholders; but acts complained of done in pursuance of resolution passed at general meeting, and within general powers of company. Demurrer on part of company for want of equity allowed, upon ground that individual shareholder not entitled to be plaintiff in suit for such object. Lord v. Copper Miners, 65 General demurrer to bill by three directors against company for repayment of money lent by them to company, allowed, such case being within sect. 29. of 7 & 8 Vict. c. 110, which invalidates contracts with company in which directors personally interested as contracting parties. Teversham v. Cameron's Railway Co., 177 Winding-up Act, 11 & 12 Viet. c. 45.-Company, incorporated by act of parliament in 1830, authorized to raise capital in shares, and empowered to make pier and works for landing passengers and goods, not within Winding-up Act. Herne Bay Pier Co., 71 Contributories not precluded from obtaining order for dissolution and winding up of company by pendency of suit instituted on behalf of shareholders in joint-stock banking company, for purpose of making directors personally liable for losses sustained, no decree having been obtained, and no debts of company remaining unpaid. St. Marylebone Banking Co., 81 Shares in joint-stock banking company were purchased for benefit and transferred into name of infant, but dividends received by father, who executed deed of covenant for payment of instalments and observance of covenants in deed of settlement, by son, and to indemnify bank against losses by reason of son being under twenty-one, or on account of payment of dividends. Father liable as "contributory." North of England Banking Co. ex parte Reavely, 110 Purchaser of shares in joint-stock company transferred them into name of another, in trust for infants. That other accepted trust and received dividends, and afterwards signed instrument, whereby he declared himself trustee of shares, but was indemnified by purchaser. Purchaser not a con 66 tributory." North of England Banking Co. ex parte Fenwick, 112 Mining company on cost-book system, formed before passing of Winding-up Act, not within its operation. Although case within strict letter of act, yet if action arise out of dispute between shareholder and company, and not from their inability to pay, shareholder not entitled to order for winding up concern. If tests directed by act to be applied to try solvency of company, strictly and literally apply to particular company, but presumption arising therefrom is rebutted by evidence, so that there is no reason to believe company insolvent, Court will not interfere. Wheal Lovell Mining Co., 139 Order being made for winding up affairs of banking company, notice served upon party, that official manager proposed to insert his name as contributory, as representative of deceased brother who had no legal personal representative, but dividends had been paid to surviving brother. Under that notice Master only jurisdiction to decide whether party a contributory in character mentioned in notice. North of England Banking Co. ex parte Glaholm, 147 Former member of joint-stock company, whose shares transferred within three years prior to date of order for winding-up, properly placed in list of contributories, to be settled by Master under sect. 74. of Winding-up Act. North of England Banking Co. ex parte Hawthorn, 179 Affidavit of service of petition for winding up affairs of company under Winding-up Act, served on one of members of company, necessary, although member served appear by counsel at hearing of petition. Tring, &c. Railway Co., 242 In proceedings under Winding-up Act, Master made order appointing A. and B. official managers, and approved of Messrs. G. as solicitors, and directed Messrs. G. to attend him, and ordered all persons who had any writings relating to company to leave them at office of Messrs. G. Order discharged on motion, so far as related to Messrs. G, on ground that B. had not concurred with A. in appointment of Messrs. G. as solicitors. Master has authority at any time after commencement of proceedings in his office, to discharge petitioner from further attendance. Ex parte Bass, 245 Liability of shareholder as contributory confined to losses occurring after contract to take shares. North of England Banking Co. ex parte Sanderson, 248 A. died possessed of shares in banking company, and deed of company provided that executor of deceased shareholder should not be entitled to be shareholder until he had gone through certain formalities, and A. died possessed of shares in company. A.'s executor, who had taken no steps in respect of shares, properly put on list of contributories in character of executor. North of England Banking Co. ex parte Thomas, 249 By deed of settlement of banking company husband of female shareholder not entitled to be shareholder until he had gone through certain formalities. A. married B, female shareholder, and did not comply with formalities, but received dividends on shares, and signed warrants "A. pro B." A. properly on list of contributories. North of England Banking Co. ex parte Burlinson, 250 So also where A. married B, female shareholder, but took no steps whatever in respect of shares, and never received any dividend. But, semble, in such case name of B. should be on list with that of A. North of England Banking Co. ex parte Sadler, 251 In 1842 A, previously to her marriage, by deed assigned shares in banking company to H. in trust for her, for her separate use. Shareholder in steam packet company trans- A. transferred forty shares in company into B. So where A, in consideration of sum paid by B, doned. In 1845 railway company formed, and twenty Court can only interfere under Winding-up Act At extraordinary general meeting of joint-stock Upon winding up of company, shareholder who Bill against husband and wife; husband, after Contract. See Devise. Railway. Specific Perform- ance. Copyhold-Husband of copyholder no power to make See Costs. Costs-Upon motion by defendant in creditors' suit to Taxing Masters, under common order, can tax |