Court : House of Lords
..... applies, i think, to the case of a stockbroker who buys stock for a client. and the cases of jones v. peppercorne, and in re london and globe finance corporation, establish that in england as part of the law merchant, which apparently must be judicially noticed (brandao v. barnett ), bankers and brokers have a general lien on ..... division should be reversed and that of the lord ordinary restored. lord shaw of dunfermline. the appellants are stockbrokers in edinburgh, and in august and september 1909, they acted as such for the respondent, their client. in the middle of august they purchased for him 100 shares of the globe and phnix gold mining company. on ..... to sell is alleged to have been entered into, stated could not be done. in my opinion there is no proof whatever, of a character to be safely acted upon, that the appellants ever entered into this absolute contract to sell these shares. the respondent's repudiation of his contract to purchase these 200 shares was consequently .....
Tag this Judgment!Court : House of Lords
..... was argued, whether the restriction imposed is in sufficiently definite terms to be enforced against a singular successor. having come to the conclusion that the respondent is not acting in contravention of the restriction imposed upon his author, mr wakefield, in the disposition of 1864 it is not necessary to go further; but i would endorse the ..... the face of the title itself. these words are still law, except as modified by the statutory provisions as to reference which were eventually codified in the 1868 act. i therefore agree with lord guthrie in thinking, without hesitation, that this prohibition as it appears in the sasine is not sufficiently precise to admit of its being ..... to find out the date when it was created. now that is just importing a burden by reference, which (apart from the precise statutory provisions of the 1868 act, which, so far as the date 1864 is concerned, are admittedly not followed here) is not allowable. as lord brougham said in remitting the tailors of aberdeen .....
Tag this Judgment!Court : House of Lords
..... seat and controlling power of the company remained in england with the board of directors of the company. how far, in any particular case, the power over finance gives controlling power is a question for the commissioners, but i find it difficult to appreciate how any trade or business can be exclusively carried on outside the ..... financial trading results to the board of directors of the company in england for the purpose of being incorporated in the company's accounts and balance-sheets and acted upon for the declaration of dividends. the egyptian accounts were made up and audited in egypt and subsequently forwarded to the respondents' office in london and ..... board in egypt "reported the financial trading results to the board of directors for the purpose of being incorporated in the company's accounts and balance-sheets, and acted upon for the declaration of dividends," and, therefore, as i read it, impliedly finds, and certainly nowhere finds the contrary, that such results were adopted by .....
Tag this Judgment!Court : House of Lords
..... . i am distinctly of opinion that that is still sound law, and is still the rule with regard to the attestation of deeds in scotland. by section 38 of the act of 1874 the objections as to the writer or printer not being named or designed and the number of pages not being specified disappear altogether. these things ..... dr walker signed the document as a witness. the solicitors appended designations to miss hayward's and dr walker's signatures. the respondents presented a petition under section 39 of the conveyancing act, 1874, to have it declared that the deed was subscribed by the granter, mrs walker, and by the said mabel hayward and john william thomson walker ..... of someone else's signature. lord dunedin(in his lordship's absence his opinion was read by earl loreburn).this is a petition presented in terms of section 39 of the conveyancing act of 1874, which prays the court to declare that a certain testamentary writing was duly subscribed by mrs walker, as maker thereof, and by mabel .....
Tag this Judgment!Court : House of Lords
..... person may be proceeded against and dealt with as if he were a person subject to military law and had on active service committed an offence under section five of the army act: "provided that where it is proved that the offence is committed with the intention of assisting the enemy a person convicted of such an offence by ..... be imprisonment with or without hard labour for a term of six months or a fine of one hundred pounds, or both such imprisonment and fine; section seventeen of the summary jurisdiction act, 1879, shall not apply to charges of offences against the regulations, but any person aggrieved by a conviction of a court of summary jurisdiction may appeal ..... be communicated to him in writing and notice in writing shall at the same time be given, in a form provided by regulations under the said act, of his rights under this section." i ask myself what language could be more significant, more scrupulously regardful of liberty, than this, that on demand of the person arrested he may .....
Tag this Judgment!Court : House of Lords
..... . accordingly everything with a public purposesay party political propaganda selected by the trustees for the advantage or proper enlightenment, in their opinion, of the parishioners of lesmahagowcould be financed from the funds of mrs turnbull's trust. in the eye of the law charity has this saving grace, that it is held to be by itself denominative of a ..... institutions for the advancement of science; and that the generality of the word had never prevented the court from applying to the particular case before it the provisions of the act under consideration. as to the words practical sympathy, he said, though not happily chosen, they are perfectly intelligible, that the wish of the testator was to help those who were .....
Tag this Judgment!Court : House of Lords
..... done, and that the provisions for a greater or a less exercise of the power of taking lands are not kept separate. the same series of sections enables the crown to take lands under the act in peace or in war, in absolute ownership and in perpetuity or for temporary occupation only, but there is no difficulty in severing these provisions. ..... question is, should regulation 2 be regarded as having been made in exercise of the powers given by the first or by the second sub-section of s. 1 of the defence of the realm consolidation act? in other words, is it to be regarded as an exercise of a power to requisition under regulations issued for the purpose, or as ..... purpose of securing the public safety of the defence of the realm," but that is the purpose mentioned in s. 16 of the defence act, 1842, and the words may only be a reference to that section. furthermore, the regulation deals with many matters beside the acquisition of land and buildings, and these would in any case require a substantive .....
Tag this Judgment!Court : House of Lords
..... assessable as trustees on behalf of the life tenants, who would accordingly be entitled to the benefit of the exemption contained in the proviso in s. 5 of the finance act, 1914. the assessments in question in pool v. royal exchange assurance co., which were made upon the respondents as trustees for the beneficiary mrs. munthe, and were ..... a trustee or agent for others and he is taxed on behalf of and as representing his beneficiaries or principals. this is made clear by the language of many sections of the act of 1842. for instance, s. 41 provides that a person not resident in great britain shall be chargeable "in the name of" his trustee or agent. ..... provisions of s. 108, for regulating the mode in which duty in respect of profits or gains arising from foreign possessions or foreign securities is to be assessed. the section contains a provision in the following words: "in default of the owner or proprietor thereof being charged, the trustee, agent, or receiver of such profits or gains .....
Tag this Judgment!Court : House of Lords
..... other buildings, and persons frequenting the same, and of the superintendents, curators, rangers, parkkeepers and other officers or servants appointed and employed by them. ...." the forty-first section of this statute provides for the publication and posting in the park of these byelaws when made. it was admitted, however, that no byelaws of the kind mentioned were ..... of safety would be duly performed by the municipality or owner; and in allowing his child accordingly to pass into the grounds unattended the parent commits no negligent act. as for the child itself, while it may do things and incur dangers by inquisitively meddling with things it should not touch, it is plain that when ..... v. nurdin (1 q. b. 29). how the right arose was not explained. under their act the defenders could have, but had not, made byelaws for the regulation of the park, so as to affect this case. perhaps the section would not justify under the name of regulation total prohibition of the entrance of infants, even if .....
Tag this Judgment!Court : House of Lords
..... in any event this stands without contradictionthat the interest of demetriades, not a british subject, was a beneficial interest under contract; and, accordingly, under the 9th section of the act of 1894, in any event, whether borthwick was entered as owner or not, the interest of demetriades should have been made the subject of declaration accompanying the ..... deemed to be a british ship unless owned wholly by persons of the description therein specified, a description which does not include an alien. by section 9 of the same act it is provided that a person shall not be entitled to be registered as owner of a ship or of a share therein until he has ..... the defence founded on concealment and misrepresentation, and i have come without hesitation to the conclusion that those defences are well founded. it is provided by section 17 of the marine insurance act, 1906, that a contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not .....
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