The Sun.
London, England, 1865-02-25 00:00:00

LAW INTELLIGENCE—This Day.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
ACCEPTANCE OF SHARES IN JOINT-STOCK COMPANIES-

IMPORTANT QUESTION-
THE METROPOLITAN COAL CONSUMERS' COMPANY (LIMITED)

V. EDWARDS.
This was an action brought by the Company against an
alleged shareholder for calls.

His Honour remarked that he had had this very case
before him on a previous occasion, and fancied that he had
decided it.

The Secretary to the Company said that he had
been nonsuited in the first trial, but the matter
was really so very serious and important to
shareholders in joint-stock companies that he ventured
to bring the case again before the court. He was now pre-
pared to show by the Act of 1862 that the defendant was
a shareholder in the company. It was a fact that he- had
applied for shares, and those shares were duly allotted to
him, his name being entered on the register in conformity
with the statute. He would beg to refer the court to sec.
11 of the Act.

His Honour was of opinion that before defendant :could
be made a shareholder he must have given a written ac-
ceptance for the shares.
The Secretary read a clause as to the names of the
shareholders being entered in the register, and that would
be sufficient.

His Honour was quite sure that there was a special clause
as to the acceptance of shares being in writing. Where
were the articles of association ?

The Secretary remarked that the company was one
limited by shares, and contended that defendant had really
accepted his shares in writing.

His Honour said that one clause in the articles of asso-
ciation expressly laid down that the acceptance of shares
must be in writing. Now where waz that writing?
The secretary produced the proposal of the defendant, in
which were the words, and I agree to accept such shares ?
His Honour—How would that be an acceptance when he
had not received the shares. Acceptance meant clearly
after the shares are allotted to the shareholders, and then
to be in writing. I must find a verdict for defendant with
costs.

POLICE INTELLIGENCES—This Day.

MARLBOROUGH-STREET.

HOT.TSEBREAKING.-Wm. Byford, a young man, was
charged before Mr. Knox with breaking and entering the
premises of Mr. Shipway, tailor, of No. 5, Argyle-street,
Regent-street, and stealing some money, coats, &c.
Sergeant Cole, C Division, said—Yesterday afternoon I
apprehended the prisoner at No. 1, Dufours-place, telling
him that the charge against him was for being concerned
with others in breaking and entering the premises of his
late master, Mr. Shipway, of Argyle-street. The prisoner
then said, " You are not going to take me, are you, Mr.
Cole ?" I told him I was, and searched the place, and found
a key which open's Mr. Shipway's outer door. I also
found 40 duplicates relating to clothes. I then asked the
prisoner (whom I have known for years, and who has seve-
ral times been convicted, the last time at Guildford) who gave
him the character on his entering Mr. Shipway's employ,
and the prisoner said—" Why, Phillips, my son-in-law."
I told him he must have known that the character was not
true. I then took the prisoner into custody.
Mr. William Shipway said—On coming down stairs last
Saturday morning I found my showroom door, which had
been fastened over night, open, and the place all in con-
fusion. The silk drawer was open and a piece of satinette
had been unrolled so as to make it of less bulk. Some
velvet had also been taken away and three coats. The
safe and cash-box had been opened, the keys having been
taken out of a drawer where they had been placed covered
over with cloth, and three sovereigns and a crossed check
taken, there fortunately being no more in the cash-box. I
found a screw-driver and some tapers in the safe. The
person who committed the robbery had evidently been well
acquainted with the place, as he had known where to find
the keys, and the places where the silks and velvets were
kept. The prisoner was in my employ for three months,
and left the Tuesday after Christmas, absenting himself.
He had a key of the middle door when he left, and he re-
turned it a few days afterwards.

Sergeant Cole—l wish to state that the prisoner was
seen near the house the night of the robbery, and that it
must have been a person well known on the premises, as
there is a bulldog kept in the place, and it was not heard.
Mr. Knox remanded the prisoner.