Volume IX. 1846. Thursday, 9 Vict. c. 89., a corporation within the United Kingdom, some members of which are foreigners and abroad, may register ships which are the property of such corporation. MICHAELMAS VACATION (a). The QUEEN against ARNAUD and POWELL. Under stat. 8 & MANDAMUS, directed to Elias Arnaud, collector, and Thomas Powell, comptroller, of the customs, in and for the port of Liverpool. The inducement suggested that the Queen, on 17th February, 3 Vict., by Her letters patent under Her Great Seal, did persons residing make, ordain, constitute, declare and appoint that George Brown, &c. (naming eight others), or such of them as should become subscribers of not less than 1000l. each towards the capital or joint stock in the said letters patent mentioned, in the manner thereinafter provided, together with such and so many other persons or person, body or bodies politic or corporate, as should become subscribers of or towards the capital or joint stock thereinafter mentioned, in manner thereinafter provided, and such other person or persons, body or bodies politic or corporate, as should, from time to time, in the manner thereinafter provided, become a proprietor or proprietors of any part of such capital or joint stock, not being a fractional part of 50%. of such stock, should be one body politic and corporate, in deed and in name, for the period of twenty one years thereinafter mentioned, by the name of The Pacific Steam Navigation Company, and by that name should (a) The Court sat in Banc on the 90th of November and five following days, and on the 17th of December. 1846. The QUEEN V. ARNAUD. and might sue and be sued, &c., and should have, for Queen's Bench. the said period of twenty one years, continual succession, with a common seal, which might be by them changed or varied at their pleasure. That the Queen did thereby declare that the said Corporation should be established for the purpose of providing vessels, to be impelled by steam or any other motive power, together with all engines, &c., necessary for the same, and of employing the same, and sailing vessels, if need should be, upon such stations as might appear to be expedient, within the limits in the said letters patent mentioned; and which were, therein and thereby, declared to be along the shores of North and South America in the Pacific Ocean, and likewise from or between those shores and the coasts of China and New Holland, both or either of them, inclusive of all intermediate islands; and also from or between the ports of New Grenada, Central America, and Mexico, in the Atlantic Ocean, all or either of them, and those of the West Indies in the event of there being a default or cessation of, or intermission in, regular monthly British Government mail conveyances between those ports, or any of them. And that the capital or joint stock of the said Corporation should consist of 250,000l. sterling, to be subscribed in five hundred shares of 501. each; and that books should be opened for taking subscriptions to the said capital or joint stock; and that all and every person and persons, body and bodies politic or corporate, by and from any subscription, should be made and accepted, and any payment on account thereof made, pursuant to the provisions therein. mentioned for that purpose, for or towards the raising of the said capital of 250,000l. sterling, as aforesaid: and his, her or their successors, executors, administra Volume IX. 1846. The QUEEN V. ARNAUD. tors and assigns, respectively (no such subscription being for less than 50%. sterling and being either the sum of 50%. or some multiple of 50%.), should have and be entitled to a share of and in the said capital or joint stock of the said Corporation in proportion to the money which he, she or they should have so subscribed towards making up the same; and should have and be entitled to a proportionable share of the profits and advantages attending the capital stock of the said Corporation, and should be admitted to be a proprietor or proprietors of and in the same. Power was then given to the several proprietors of the said Corporation, their executors, &c., to sell and transfer their shares or any part thereof, not being less than 50l. &c. (as above); and it was directed that every such transfer should be in such form, and to such effect, as should be devised by the court of directors for the time being of the said Corporation; and that every such transfer should be under the hand or hands, or hand and seal, or hands and seals, or the common seal, of the proprietor or proprietors so transferring such stock, or of some person or persons lawfully authorized &c. (here followed further provisions as to making and registering the transfers); and that such transfer should convey the whole estate and interest therein of the proprietor or proprietors, so transferring &c., to the person or persons, body politic or corporate, so taking or accepting the same; which person &c. should thereby forthwith become in all respects proprietor or proprietors of the said Corporation in respect of such stock, in place of such proprietor or proprietors so transferring the same; and that every such transfer should be subject to the approbation of the directors for the time being 1846. The QUEEN V. ARNAUD. of the said Corporation, to be certified as in the letters Queen's Bench. patent was directed. That the Queen, by the said letters patent, granted to the Company and their successors, and did thereby further will and direct, that it should be lawful for the said Corporation, for the period of twenty one years, commencing &c., from time to time, out of the funds &c. of the Corporation, to build, purchase or hire such vessels, steam engines, &c. as might appear to them necessary for the purposes of the said Corporation, and that they might build, &c., hire and provide such sailing vessels as might be necessary for carrying on the business of the said Corporation: provided &c. (restriction as to the purposes for which the vessels should be employed except within the limits aforesaid): and that it should be lawful for the said Corporation, notwithstanding the statutes of mortmain &c., to purchase, and hold to them and their successors, such wharfs, docks, &c., and such ships &c., as should from time to time be actually and bonâ fide necessary and proper for the purpose of managing, conducting and carrying on their affairs, concerns and business. Other formal parts of the letters patent were then set out; and it was declared that they should be recognized as valid by all Courts &c., and should be taken, construed and adjudged in the most favourable and beneficial sense, and for the best advantage of the said Corporation, in the Courts of the United Kingdom and elsewhere. The writ then suggested that, after the granting of the letters patent, the said George Brown, &c. did respectively become subscribers, of not less than 1000%. each, towards the capital or joint stock of the said Corporation; and that divers other persons also became Volume IX. 1846. The QUEEN V. ARNAUD. subscribers of or towards the said capital or joint stock, in manner in the said letters patent provided; and that divers persons, from time to time, in the manner therein provided, became proprietors of part of such capital or joint stock, not being a fractional part of 50%. of such stock: And that afterwards, and whilst the said Company therein mentioned was a corporate body in the said United Kingdom of Great Britain and Ireland, under and by virtue of the said letters patent, the said Corporation did, under and in pursuance of the provisions therein contained, purchase &c., out of the funds and property of the said Corporation, a certain steam ship or vessel, which was wholly of the build of the said United Kingdom, called &c. the Ecuador, and which appeared to them, and was, necessary for the purposes of the Corporation, and was so purchased for the purpose of being employed by the said Corporation for the said purposes within the limits in the letters patent mentioned, and not otherwise. The writ then stated that, before any such employment of the said steam ship, the said Corporation were desirous that the same should be duly registered; and averments then followed, shewing that the ship, at the time of the application after mentioned, belonged to the port of Liverpool, and to the said Corporation; and that, before such application, the conditions required by the Register Act, 8 & 9 Vict. c. 89., had been fulfilled. And that William Taggart, of &c., then being secretary of the said Corporation, on &c., applied to and requested defendants, at the said port of Liverpool, to register, or concur in the registration at the said port of, the said steam ship, according to the act, upon the said W. T. then taking and subscribing, as such secretary, the de |