Chapter XII (3)

The system of joint-stock companies' speculation, as described in the foregoing and subsequent pages of the text, so far from being an exaggeration, falls far short of a complete illustration of the stupendous scale of swindling which has, during the last ten or fifteen years, been tolerated in this great commercial country. At length, however, in the year 1844, the legislature has struck a blow calculated to demolish the whole fabric, or, at all events, prevent any similar erection. By statute 7 and 8 Vict. c. 110, entitled, "An Act for the Registration, Incorporation, and Regulation of Joint-stock Companies," passed on the 5th Sept. 1844; and by act 7 and 8 Vict. c. 111, entitled, "An Act for facilitating the winding up the affairs of Joint-stock Companies, unable to meet their engagements," passed on the same day--such restrictions are placed upon fraud and improvidence, as are calculated to paralyze much of their powers of practising upon public credulity. Publicity and responsibility are two objects which are effectually attained by the combined operation of these acts, which are masterpieces of commercial legislation.]

[Footnote 15: NOTE 15. Page 367.

_I. e._--The proctors' setting forth of their client's name and interest.]

[Footnote 16: NOTE 16. Page 392.

See the note to a preceding page in this volume, (_ante_, p. 307,) where an explanation is given of the salutary change recently effected by the legislature, in the law of joint-stock companies.]

[Footnote 17: NOTE 17. Page 415.

The present punishment of bigamy [or polygamy as, says Blackstone, (4 Comm. 163,) it ought to be called] is fixed by statute 9 Geo. IV. c. 31, § 22, which declares the offence of bigamy (whether the second marriage have taken place in England or elsewhere) to be a felony liable to transportation for seven years, and imprisonment with or without hard labor, for any term not exceeding two years; subject, however, to a proviso that the act shall not apply to any of the following cases: 1. The case of a second marriage contracted out of England by any other than a British subject. 2. The case of a person marrying again where husband or wife shall have been continually absent from that person for seven years then last past, and shall not have been known by such person to be living during that time. 3. The case of any person who, at the time of the second marriage, shall have been divorced _a vinculo_ from the first marriage, or whose former marriage shall have been declared void by any court of competent jurisdiction.

The meaning of the second of these exceptions is, that the husband or wife shall not have been known by the other party at any period during the seven years to be alive. _Regina_ v. _Cullen_, 9 _Car. & P._, 681.]

[Footnote 18: NOTE 18. Page 416.

It has been recently decided (the King _v._ Inhabitants of Wraxton, 4 Barn. and Adol., 640,) that to render a marriage invalid on the ground stated in the text, _both parties_ must be aware of the false name being adopted. See also, Wiltshire _v._ Prince, 3 Hagg. Ecc. Rep., 332.]

[Footnote 19: NOTE 19. Page 422.

Signing is not necessary to the validity of a bond or deed at Common Law. The essential requisites are--_sealing and delivery_. See a very interesting explanation of these matters in Vol. ii. pp. 305 _et seq._ of _Blackstone's Commentaries_.]

[Footnote 20: NOTE 20. Page 426.

An attorney cannot be thus compelled to answer matters _which would amount to an indictable offence_; for that would be compelling him to criminate himself. Upon this ground, applications like that in the text are often discharged; but it affords no protection to an attorney where the application is, not to show cause why he should not answer the matter in the affidavit, but why he should not be struck off the 28th roll.--See the distinction clearly explained in the case of Stephens _v._ Hill, 10 M. and W.]

[Footnote 21: NOTE 21. Page 490.

The law regulating the "qualification," in respect of property, requisite to render a man eligible for a seat in Parliament, has been recently--viz., by stat. 1 and 2 Vict. c. 48,--altogether altered. Real or _personal_ property to the extent of £600 a-year, now gives a sufficient qualification to a _county_ member, and to the extent of 300, to a member for a borough.]

[Footnote 22: NOTE 22. Page 491.

The privilege of franking letters, so long enjoyed by the members of both Houses of Parliament, has been recently abolished. After the introduction of the penny postage system, the privilege in question was very greatly reduced in value and importance. By statute 3 and 4 Vict. c. 96, § 56, (passed on the 10th August 1840,) "All privileges whatsoever of sending letters by the post free of postage, or at a reduced rate of postage, shall, except in the cases in that act specified, wholly cease and determine."]

[Footnote 23: NOTE 23. Page 492.

These are the abbreviations of the technical words by which are known the two writs of execution against a debtor's _person_, and his _goods_. The former "Ca. Sa." represent the words addressed to the sheriff, "_Ca_pias A. B. [the defendant] ad _sa_tisfaciendum." The latter represent the words addressed to the sheriff, commanding him "ut _fi_eri _fa_ciat"--that he should cause to be made, or realized, out of the defendant's goods, the amount due to the plaintiff.]

[Footnote 24: NOTE 24. Page 505.

The certificate of a bankrupt no longer depends upon the mere will and pleasure of his creditors, but upon the discretion of the commissioner, or judge in bankruptcy, who has become acquainted with the whole conduct of the bankrupt, and may grant, refuse, or postpone a certificate, and annex such conditions to a grant of it as he may think fitting. This very important and salutary alteration of the law was effected by statute 5 and 6 Vict. c. 122, § 39, passed on the 12th August 1842. This power has been exercised on several recent occasions, in a manner highly satisfactory to the public, and creditable to the acuteness, discretion, and firmness of the court.]

THE END.

* * * * *

LIBRARY EDITION OF THE ROMANCES
OF
ALEXANDRE DUMAS.

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FROMONT AND RISLER 1 vol.
THE NABOB 2 vols.
KINGS IN EXILE 1 vol.
NUMA ROUMESTAN 1 vol.
THE LITTLE PARISH and ROBERT HELMONT 1 vol.
LITTLE WHAT'S HIS NAME 1 vol.
TARTARIN OF TARASCON and TARTARIN ON THE ALPS 1 vol.
PORT TARASCON and LA BELLE NIVERNAISE 1 vol.
THIRTY YEARS IN PARIS, etc. 1 vol.
THE IMMORTAL, etc. 1 vol.
SOUVENIRS OF A MAN OF LETTERS and ARTISTS' WIVES 1 vol.
THE EVANGELIST and ROSE AND NINETTE 1 vol.
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MONDAY TALES 1 vol.
LETTERS FROM MY MILL, etc. 1 vol.
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Has, perhaps, transferred bodily into his writings more actual
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characters are men and women of our time; they do in the book
almost exactly what they had done in real life.--_Prof. Adolph
Cohn, in The Bookman._

He is a novelist to his finger-tips. No one has such grace, such
lightness and brilliancy of execution.--_Henry James, in The
Century._

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twenty masterpieces.--ÉMILE ZOLA.

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End of Project Gutenberg's Ten Thousand a-Year. Volume 3., by Samuel Warren