The Sun.
London, England, 1846-07-04 00:00:00

SURREY QUARTER SESSIONS.

Guildford, July 3.
(Before G. T. NICHOLSON, Esq., Chairman, the Earl of
LOVELACE, Lord LOVAIN, G. BEST, Esq., &c., &c.)

THE JOINT STOCK COMPANY REGISTRATION ACT.'
IMPORTANT DECISION.- SAMUEL HENRY POWELL.,
APPELLANT, V. A CONVICTION BY THE HON. DIV.

NORTON.

This was an appeal against a decision of Mr. Norton
at the Lambeth Police Court, convicting the appellant
in the sum of 201. for neglecting to register a railway
speculation, of which he had been the promoter.
Mr. W. Payne appeared in support of the convictieo
Mr. Wallenger and Mr. Bagley were for the appellant.
Mr. PAYNE havii;g taken some objections to the nodes
of appeal, which were overruled by the Court,
Mr. WALLENGER addressed the bench on behalf of
the appellant. He said that this was an appeal against
a conviction under the Act of the 7th and Bth Victoriso
commonly known as the Joint stock Company Registr'
tion Act. The appellant was alleged to have been the,
promoter of a railway undertaking called the Grano
Junction, Great Western and South Western Junction
Railway Company, and a penalty of 201. had been
inflicted upon him for not having registered the cola'
pany in accordance with the provisions of the above
Act of Parliament. He should contend that such sn,
association did not come within the scope and meanie&
of this Act of Parliament, and he referred the Court te
the second clause in the Act, which required that cer"
tale undertakings should be registered, but which ex-
pressly excepted all undertakings from the operatic';
of the Act, where they could not be carried into effect.
without obtaining the sanction of an Act of Parliatus%
Now, as it was perfectly clear that the undertaking 1;
question could not be carried into effect without an tc,
of Parliament, he submitted that the clause impus„u
the penalty could not, apply to the case, and that, ther-i
fore, the conviction must be quashed. The Leal's%
Council then cited the decision given by Lord Dents.ed,
in a recent case of Lorton V. Hickman which, he eieltd
entirely confirmed the view of the Act. he begge°,l,o
suggest to the Bench, and he therefore called upon w
magistrates to quash the conviction. to
Mr. BAGLEY, on the same side, said it appeare.-,10
him the point was so clear, that he would not troey
the Court further than to say that in another decioou
in the Court of Exchequer, in the case of Smith by
Young, the very same principle had been sanctioned

the Court.
Mr. PAYNE said these were cases in which the leg
of the sale of scrip was the question at issue, and
did not apply to this case. er

Mr. Wi iLENGER said the point involved in these c'tbe
was, whether railways came within the scope of sp
Joint-stock Company Registration Act, which was
question now at issue. Veg
Mr. PAYNE,' on behalf of the respondent, subno 10,
that the Act of Parliament in question was clearly bee
tended to apply to railways a, well as to every Toe
description of Joint-stock undertaking. He citen,to
4th section of the Act in question, and said, that ado
enumerating various descriptions of w irks, it conelto
by the word', " whether tor executing any such vroll'c,
aforesaid under the authority of the Act of ParlialSereo
or for any other purpose, the same should be registeie
in accordance with the provisions of the Act." Fie. iof
minded the Court that it was exceedingly importankro.:
the public to know who were the originators and
moters of those schemes, and in confirmation ofA sof
opinion that they came within the scope of the Act
Parliament, he said he was in a condition to pro" O
almost up to that very day it had been the practice

register all such undertakings. hots
Mr. WALLENGER admitted that this might have - 0.0
done, but that did not alter the case. The question 11:94
a very nice one, and until the decision to which he the
referred there might have been some doubt upPO
point, which was now quite settled. the
The COURT, afttr a short consultation, quashed
conviction.

Mr. WALLENGER applied for full costs. • aro
The COURT, however, said they did not think it 01
a case in which they could allow more than the
amount of forty shillings.

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On the 2d inst., in Park-street, Lady Robert Grosvenor, of trAft
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On the I ith ult., at Funchal, 31a.leira, the wife of Joseph 5-
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On the 30111 ult.. Mrs. Richard Ware, of Tuffneil-park.-rowl,
loway, of a

thR vitro 0(1'

On the hit intt
Cockell, Esti , (f I son.
On the let inst., In

,t ;3ernard•at:

Ituss,.•:ll sq.

place, the tidy of C. R. Pernbertot
f64.'

of a in

,11!!,
tmtr,,,t,
On fly! 310 o,',Ue-4,,nber MgrM
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widow of the late Fronds 11,rris, l'",,ri.. cf7Z",,,,1• ‘' '' ,` '131:11'..;-"

Sll4°
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1.
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?r,lon: Printed and Published by KURDO YOI7NO, °f Trec„
ei
":(4
Stralid, Printer, at. Tic Sun 011,e, No. 112, Straukt 110,1,41'
of the savoy, in the County of Middlesex; eatilww
4, 1
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