BANKRUPTCY-continued.

Transaction-Money-lenders Act, 1900 (63 & 64
Vict. c. 51), 8. 1, sub-88. 1, 3.

Under s. 1 of the Money-lenders Act, 1900,
a transaction with a money-lender can be reopened
when the Court is satisfied that the transaction
is "harsh and unconscionable," even though it is
not "such that a Court of Equity would have
given relief" before the Act.

Decision of Ridley J. in Wilton & Co. v.
Osborn, [1901] 2 K. B. 110, disapproved.

This power to give relief can be exercised by
the Court of Bankruptcy upon the hearing of a
petition by a money-lender for a receiving order
against a borrower, the petition being founded
on a final judgment recovered in an action in
which the debtor did not apply for relief under
8. 1.

Semble, that the interest charged upon a loan
may be so excessive as of itself to render the
transaction "harsh and unconscionable." In re

A DEBTOR. Ex parte THE DEBTOR - C. A. 705
7. Receiving Order-Scheme of Arrange-
ment - Provable Debt carrying Interest above
5 per cent.
- Dividend - Bankruptcy Act, 1890
(53 & 54 Vict. c. 71), s. 3, sub-8. 9; 8. 23.

-

-

-

It is competent for a debtor in carrying in a
scheme of arrangement under s. 3 of the Bank-
ruptcy Act, 1890, with the consent of his creditors
and the approval of the Court, to exclude the
application of 8. 23 of the Act. In re NEPEAN.
Ex parte RAMCHUND
Wright J. 794
Undischarged Bankrupt - After-ac-
quired Property-Contract of Employment made
before Bankruptcy Breach of Contract after
Bankruptcy-Right of Bankrupt to sue-Interven
tion of Trustee-Bankruptcy Act, 1883 (46 & 47
Vict. c. 52), 8. 44.

8.

-

An undischarged bankrupt, employed as
traveller for a firm under a contract made before
the commencement of the bankruptcy, can main-
tain an action against the firm for a wrongful
dismissal occurring after the commencement of
the bankruptcy, the trustee in bankruptcy not
having intervened in the action.

1

Judgment of Phillimore J., [1902] 2 K. B.
397, affirmed. BAILEY V. THURSTON & CO.
C. A. 137

Mortgages-Redemption-Consolidation
See MORTGAGE. 1.
147
Mortgages of policies-Equitable interests
-Notice-Priorities
151
See MORTGAGE. 2.
Receiving order-Stockbroker-Right of
Stock Exchange creditor to petition in
bankruptcy -
216

See STOCK EXCHANGE.

band able to maintain Child-Poor Law Amend-
ment Act, 1834 (4 & 5 Will. 4, c. 76), s. 57—
Bastardy Laws Amendment Act, 1873 (36 & 57
Vict. c. 9), 8. 5.

Where an illegitimate child is being main-
tained by the guardians of a union or parish,
justices have jurisdiction, upon the application of
the guardians, to make an affiliation order against
the putative father of the child under s. 5 of the
Bastardy Laws Amendment Act, 1873, not with-
standing that the child's mother has married and
her husband is able to maintain it. PLYMOUT
GUARDIANS v. GIBBS
Div. Ct. 177

BICYCLE-Liability to Toll-Bridge-Carriage
“hung on Springs "-5 Geo. 4, c. cxiv. s. 78.
By 8. 78 of 5 Geo. 4, c. cxiv., the owners of a
bridge across the Teign were authorized to take
the following (amongst other) tolls for passage
hearse, chaise, berlin, landau and phaeton, gig,
over the bridge: "For every coach, chariot,
whiskey, car, chair, or coburg, and for every
other carriage hung on springs, the sum of six-
Pence for each wheel, and for each horse or other
beast of draught drawing the same the sum of
twopence":-

Held, that a bicycle ridden over the bridge
was not within the section.

Quære, whether a bicycle is a "carriage hung
on springs."

Cannan v. Earl of Abingdon, [1900] 2 Q. B.
66, considered. SIMPSON v. TEIGNMOUTH AND
SHALDON BRIDGE COMPANY
C. A. 405
Liability to Toll-" Sledge, Drag, or
such like Carriage"-39 Geo. 3, c. xxviii. (Local).

2.

By a special Act, passed in 1799, the trustees

of a bridge were authorized to demand before
any passage should be permitted over the bridge
the following (amongst other) tolls: "For every
sledge, drag, or such like carriage, the sum of
sixpence

Held, that the clause did not authorize the
charge of sixpence in respect of a bicycle passing
over the bridge. SMITH v. KYNNERSLEY
C. A. 788
BILL OF EXCHANGE—Promissory Note-Joint
and Several-Proviso as to giving Time to either
Party-Bills of Exchange Act, 1882 (45 & 46 Fiet.
c. 61), 8. 83.

The plaintiff sued as holder of a document
described as a joint and several promissory note,
which provided for the payment of certain money
735 by instalments, the whole to become due on de-
fault in payment of any one instalment. It con-
tained the following clause: "No time given to,
or security taken from, or composition or arrange-
ment entered into with, either party hereto shall
prejudice the rights of the holder to proceed
against any other party' :-

BANKRUPTCY RULES, 1886, rr. 125, 183.
See BANKRUPTCY. 3.
BARRISTER-Solicitor - Misconduct Inquiry
-Necessity of appearing by counsel
See SOLICITOR. 2.
857
BASTARDY- Jurisdiction of Justices-Illegi-
timate Child "chargeable" to Parish Cost of
Relief - Marriage of Mother Application by
Guardians against Putative Father, where Hus-

Held, that the document was a valid promis-
Bory note within the meaning of s. 83, sub-s. 1, of
the Bills of Exchange Act, 1882.

2. Lighterman-Contract-Exemption for
Loss of Goods which can be covered by Insurance'
C. A. 226-Negligence of Carrier's Servants-Liability of
Carrier

Goods were loaded on a barge under a con-
tract for carriage by which the barge owner was
exempt from liability "for any loss of or damage
to goods which can be covered by insurance."
The barge was sunk owing to the negligence of
Bona fide advice - Conspiracy-Intent to the servants of the barge owner, and the goods
injure
were lost:-

Judgment of Lindley J. in, dissented CLAY-Compulsory purchase-Mines and mine-
from by Lord Alverstone C.J. SHEF-
FIELD CORPORATION v. BARCLAY

COMPANY-Call unpaid-Forfeited Shares
Sale of Power to make Fresh Call on Purchaser
-Companies Act, 1862 (25 & 26 Vict. c. 89),
Sched. I., Table A, art. 22.

COMPENSATION—continued.
Workmen's Compensation Act!

[1903]

See Cases under EMPLOYER AND WORK-

MAN.

COMPOSITION-Proposal of, after discharge of
bankrupt

-

See BANKRUPTCY. 1.

628

A. was the holder of certain partially paid
shares in the plaintiff company. The plaintiff's
having called up the balance remaining unpaid
on the shares, A. neglected to pay the call. The
plaintiff's then declared A.'s shares to be forfeited, COMPROMISE-Company-Winding-up-Liqui
and sold the shares so forfeited to the defendants;
and issued to the defendants a certificate in which

they stated that the unpaid call was payable by
A., and that the defendants were to be deemed to
be the holders of the said shares "discharged from
all calls due prior to the date hereof." Subse-
quently the plaintiffs made a fresh call upon the
defendants on account of the balance of the shares
which still remained unpaid. The defendants
refused to pay, upon the ground that the plain-
tiff's having once called up the unpaid balance of
the shares had exhausted their power of making
calls, and that by the terms of the certificate,
which followed the language of Table A, art. 22,
in Sched. I. of the Companies Act, 1862, and was
consequently intra vires, the remedy of the plain-
tiffs for the unpaid portion of the shares was
against A. alone:-

Held, that the defendants were liable to pay
the fresh call; that the object of art. 22 was only
to enable the company to give a good title to the
purchaser of the forfeited shares, and that it
relieved him only from liability in respect of calls
due prior to the purchase, and did not discharge
him from the obligation to pay fresh calls for the
amount unpaid on the shares. RANDT GOLD
MINING COMPANY . NEW BALKIS EERSTELING
LIMITED -
C. A. 461

2. Winding-up—Liquidator-Power to
compromise Action-Extraordinary Resolution-
Companies Act, 1862 (25 & 26 Vict. c. 89), s. 160. ¦
A compromise by the liquidator of a company
in voluntary liquidation of a claim by the company
against a third party is, if not set aside, binding
on the company, although entered into by the
liquidator without obtaining the sanction of an
extraordinary resolution of the company under
s. 160 of the Companies Act, 1862. CYCLE-
MAKERS' CO-OPERATIVE SUPPLY COMPANY V. SIMS
Div. Ct. 477

Charging order-Practice-Jurisdiction― |
Application to enforce charge by order
for sale of shares
- 534
See PRACTICE. 2.
Income tax-Company resident in the
United Kingdom-Holding preponde-
rating majority of shares in company
abroad

505

dator-Power to compromise action 477
See COMPANY.

2.

CONSIDERATION — Executed - Corporation—

-

Contract not under seal
See CORPORATION.

See MORTGAGE. 1.

2.

772

CONSOLIDATION—Mortgages-Bankruptcy 147
CONSPIRACY-Conviction insufficiently describ-
ing offence-Summary jurisdiction 56
See CRIMINAL LAW. 1.

Inducing breach of contract-Bonâ fide
advice-Intent to injure -
118
See ACTION.

COMPENSATION -Lands compulsorily taken CONveyancing and LAW OF PROPERTY—

See REVENUE. 6.

Tied house -

See HOUSING OF WORKING CLASSES.

after notice to treat

See LANDS CLAUSES ACTS. 1.

569

Mortgages-Consolidation - 147
See MORTGAGE. 1.

Land injuriously affected-Interest created CONVICTION-Insufficiently describing offence

652

574

jurisdiction -
See JUSTICES.

895