Page 40, marginal note, line 15, for the trial read that trial. Exchequer Reports. EASTER TERM, 18 VICT. TAYLOR V. THE CROWLAND Gas and COKE COMPANY. 1855. April 17. THIS was a rule calling on the defendants to shew cause A corporation why the Master should not tax the plaintiff's costs of this action, and why he should not recover the same, notwithstanding the sum recovered was under 207., pursuant to the is liable to be sued in a county court. A corpor ation "dwells," within the meaning of the 9 & 10 123, at the place where its business is 15 & 16 Vict. c. 54, s. 4. The defendants were a joint stock company completely Vict. c. 95, s. registered under the 7 & 8 Vict. c. 110, and the plaintiff obtained a verdict against them for 71. (a), for salary due to him as secretary to the company. The affidavit in support of the application stated that, at the time of action brought, the plaintiff resided and carried on his business at Crowland, in the county of Lincoln, and within the jurisdiction carried on. Therefore, where a jointcompletely stock company registered car ried on its bu siness within twenty miles of the place, and within the jurisdiction of the county court, where the plaintiff resided, but several of the shareholders dwelt beyond that distance and out of such jurisdiction:Held, that the superior Court had not concurrent jurisdiction with the county court. Semble, that the 7 & 8 Vict. c. 110, s. 68, which enables the Court or a Judge to allow execution to issue against the shareholders of a joint-stock company, does not apply to a plaintiff in a county court. Also, that where, in an action against a joint-stock company in a superior Court, not having concurrent jurisdiction with a county court, it appears, that, if the plaintiff had sued in the county court, he could not have obtained satisfaction from the property of the company, and that the shareholders reside out of the jurisdiction of the county court, that would afford sufficient ground for giving the plaintiff costs under the 15 & 16 Vict. c. 54, s. 4. VOL. XI. (a) See the case, 10 Exch. 288, 293. B EXCH. 1855. TAYLOR บ. CROWLAND COMPANY. of the Crowland county court, but at a distance of more than twenty miles from several of the shareholders of the company; and that none of such shareholders resided GAS AND COKE within the jurisdiction of that county court. The affidavit in answer stated, that the company was formed for the purpose of supplying the town of Crowland with gas, and was managed by five directors, who all resided at Crowland; and that the business of the company was carried on at Crowland, as required by their deed of settlement. Watson and Digby Seymour shewed cause.-First, a corporation is subject to the jurisdiction of the county court. At common law a corporation might sue or be sued in a county court. The 9 & 10 Vict. c. 95 recites, "that the county court is a court of ancient jurisdiction, having cognisance of all pleas of personal actions to any amount, by virtue of a writ of justicies in that behalf." Section 3 enacts, "that every court holden under that Act, shall have all the jurisdiction and powers of the county court for the recovery of debts and demands as altered by that Act, throughout the district for which it is holden." By the interpretation clause (sect. 142), "the word 'person' shall be understood to mean a body politic, corporate, or collegiate, as well as an individual." The 48th rule of practice (a), made in pursuance of the 12 & 13 Vict. c. 101, s. 12, prescribes the mode of effecting service of a summons upon a corporation. The 9 & 10 Vict. c. 95 contains no exception as to corporations. The 67th section enacts, "that no privilege, except as hereinafter excepted, shall be allowed to any person, to exempt him from the jurisdiction of any court holden under this Act." The 140th and 142nd sections contain an exception with respect to the Universities of Oxford and Cambridge, and the Stannaries Courts. The case of the North Western Railway Company v. Whinray (b), is an instance of a corporation being sued in a county court. |