Sect. 13 points out the manner in which a judgment creditor of the company may obtain execution against an individual shareholder, and provides that such execution may be issued by leave of the court or of a judge of the court in which such judgment, &c. shall have been obtained upon motion or summons for a rule to show cause, or other motion or summons consistent with the practice of the court, without any suggestion or scire facias in that behalf; and that it shall be lawful for such court or judge to make absolute or discharge such rule, or allow or dismiss such motion (as the case may be,) and to direct the costs of the application to be paid by either party, or to make such order therein as to such court or judge shall seem fit." Sect. 22 enacts, that all bills of exchange or promissory notes may be made, accepted, or endorsed, in any manner provided by the deed of partnership, so that they be signed by one of the managers or directors of the company, and be by him expressed to be so *made, accepted, or [*310] endorsed by him on behalf of such company. The same section further provides "that the manager shall not be personally liable on any bill or note so signed by him; and that the company may sue and be sued thereon as fully as in the case of any contract made and entered into under their common seal." Sect. 31 authorizes the directors to make calls, and sect. 33 empowers the company to enforce payment of such calls by action. Sect. 47 confers on existing banking companies carrying on business within sixty-five miles of London, and not within the statute, the power of suing and of being sued in the name of any one of the public officers of such co-partnership as the nominal plaintiff or defendant on behalf of such company. And sect. 48 enacts, that banking companies shall be deemed trading companies within the stat. 7 & 8 Vict. c. 111. No. IV.-STAT. 7 & 8 VICT. c. 66. By stat. 7 & 8 Vict. c. 66, intituled “An Act to amend the Laws relating to Aliens," it is enacted (sect. 3,) that every person now born or hereafter to be born out of Her Majesty's dominions of a mother being a natural born subject of the United Kingdom, shall be capable of taking to him, his heirs, executors or administrators, any estate real or personal by devise or purchase or inheritance of succession. Sect. 4 enacts, that from and after the passing of this act every alien, being the subject of a friendly state, shall and may take and hold, by purchase, gift, bequest, representation or otherwise, every species of [*311] personal property, except chattels real, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, privileges, and capacities, as if he were a natural born subject of the United Kingdom. Sect. 5 enacts, that every alien now residing in, or who shall hereafter come to reside in any part of the United Kingdom, and being the subject of a friendly state, may, by grant, lease, demise, assignment, bequest, repre sentation or otherwise, take and hold any lands, houses, or other tenements, for the purpose of residence or occupation by him or her, or his or her servants, or for the purpose of any business, trade or manufacture, for any term of years not exceeding twenty-one years, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions and privileges, except the right to vote at elections for members of parliament, as if he were a natural born subject of the United Kingdom. Sect. 6 enacts, that upon obtaining the certificate, and taking the oath hereinafter prescribed, every alien now residing in, or who shall hereafter come to reside in any part of Great Britain or Ireland, with intent to settle therein, shall enjoy all the rights and capacities which a natural born. subject of the United Kingdom can enjoy or transmit, except that such alien shall not be capable of becoming of Her Majesty's privy council, nor a member of either House of Parliament, nor of enjoying such other rights and capacities, if any, as shall be specially excepted in and by the certificate to be granted in manner hereinafter mentioned. *No. V.-STATUTE 9 & 10 Vict. c. 95. [*312] THE following sections of the recent stat. 9 & 10 Vict. c. 95, intituled, "An Act for the more easy Recovery of Small Debts and Demands in England," have been already referred to in the course of this work. Sect. 64 enacts, that it shall be lawful for any person under the age of twenty-one years to prosecute any suit in any court holden under this act, for any sum of money not greater than twenty pounds, which may be due to him for wages or piece-work, or for work as a servant, in the same manner as if he were of full age. Sect. 65 enacts, that the jurisdiction of the county court under this act shall extend to the recovery of any demand not exceeding the sum of twenty pounds, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of a distributive share under an intestacy, or of any legacy under a will. Sect. 66 enacts, that it shall be lawful for any executor or administrator to sue and be sued in any court holden under this act, in like manner as if he were a party in his own right, and judgment and execution shall be such as in the like case would be given or issued in any superior court. Sect. 68 enacts, that where any plaintiff shall have any demand recoverable under this act, against two or more persons jointly answerable, it shall be sufficient if any of such persons be served with process, and judgment may be obtained and execution issued against the person or persons so served, notwithstanding that others jointly liable may not have been served and sued, or *may not be within the jurisdiction of the court; and every [*313] such person against whom judgment shall have been obtained under this act, and who shall have satisfied such judgment, shall be entitled to demand and recover in the county court, under this act, contribution from any other person jointly liable with him. INDEX. The pages referred to are those between brackets [ ]. A. ABATEMENT, pleas in, 121. 197. 248. 288. in actions against carriers, 155. 251. ABJURATION, 75. ACCOUNT STATED, 82. 179. ADMINISTRATOR. See Executors. of husband who survives wife, 77. joinder of administrators in suing, 104 b. in case of survivorship, 105. when administrator de bonis non must sue, 106, and be sued, 197. whether administrator differs from an executor as to liability for repairs, 137, (c.) administrators must be sued jointly, 197. are within the equity of stat. 4 Edw. 3, c. 7, 244 b. AGENT. See Principal and Agent. AGISTER OF CATTLE, 223. ALIEN. where husband is an alien enemy, 76. 176. right of alien to sue, 85. 238 a. enemy is liable on his contract, 182. APPORTIONMENT OF RENT, 39, 40. ASSAULT AND BATTERY, severance of parties in suing for, 211. action for, against husband and wife, 277. by joint-tenants, parceners, and co-heirs in gavelkind, 255. by husband and wife, 278, 279. B. BAIL BOND. action by assignee of, 11. BAILIFF. See Sheriff. BAILMENT, special property acquired by, 206 a. who may sue for an injury to chattel bailed, 206 b. 223. BANKING COPARTNERSHIPS. actions by and against, 69. execution against public officer, or against a particular partner of, 308. BANKRUPTCY, of husband, its effect, 83. 177. 180. legal effect of, generally, 87, 88. when the assignees may or may not sue in right of bankrupt, 89, 90. where the bankrupt is uncertificated, 88. twice certificated, 88, 96. assignees may adopt and complete contract of bankrupt, 89. what contracts do not pass to the assignees, 90. joinder of assignees, 91. how they should sue, 92. after a new appointment of assignees, 93. right of the bankrupt to sue, ib. on contract subsequent to the bankruptcy, 94. |