A Treatise on the Law of Partnership and Joint-stock Companies: According to the Law of Scotland, Including Private Copartneries, Common Law Companies, Registered Companies, Chartered Companies, Railway Companies, and Others, Formed Under the Consolidation ActsT.& T. Clark, 1866 |
From inside the book
Results 1-5 of 65
Page lxvii
... appointed to determine a claim under the Lands Clauses Act , it was pleaded in defence that the award was void by reason of its giving compensation for what was not injuriously affected . It was held on demurrer that the plea was good ...
... appointed to determine a claim under the Lands Clauses Act , it was pleaded in defence that the award was void by reason of its giving compensation for what was not injuriously affected . It was held on demurrer that the plea was good ...
Page 4
... appointed for the purpose . And it soon became evident , that it would greatly conduce to their prosperity , if the members , whose contributions consisted merely of money , should be able to transfer their shares like other marketable ...
... appointed for the purpose . And it soon became evident , that it would greatly conduce to their prosperity , if the members , whose contributions consisted merely of money , should be able to transfer their shares like other marketable ...
Page 99
... appointed to be used in Scotland in place of the Great Seal , and is duly registered . The Crown cannot incorporate persons against their will ; and therefore , to render a charter valid and binding , it must not only be duly granted by ...
... appointed to be used in Scotland in place of the Great Seal , and is duly registered . The Crown cannot incorporate persons against their will ; and therefore , to render a charter valid and binding , it must not only be duly granted by ...
Page 101
... appointed to sue and be sued on its behalf . A form is given in Schedule A attached to the Act ( secs . 6 and 16 ) . After this registration , no change can be made on the company name ; and if the principal place of business is changed ...
... appointed to sue and be sued on its behalf . A form is given in Schedule A attached to the Act ( secs . 6 and 16 ) . After this registration , no change can be made on the company name ; and if the principal place of business is changed ...
Page 108
... appointed , and also the qualifications necessary for the office . Any substantial infringement of these rules will invalidate the election , and entitle dissentient shareholders to have officials so appointed interdicted from acting ...
... appointed , and also the qualifications necessary for the office . Any substantial infringement of these rules will invalidate the election , and entitle dissentient shareholders to have officials so appointed interdicted from acting ...
Contents
lv | |
lxi | |
1 | |
7 | |
13 | |
17 | |
23 | |
40 | |
292 | |
306 | |
319 | |
326 | |
337 | |
377 | |
386 | |
396 | |
52 | |
61 | |
103 | |
107 | |
119 | |
132 | |
157 | |
168 | |
204 | |
212 | |
265 | |
284 | |
406 | |
416 | |
444 | |
486 | |
500 | |
507 | |
519 | |
554 | |
566 | |
579 | |
595 | |
602 | |
Other editions - View all
A Treatise On the Law of Partnership and Joint-Stock Companies, According to ... Francis William Clark No preview available - 2023 |
A Treatise on the Law of Partnership and Joint-Stock Companies: According to ... Francis William Clark No preview available - 2015 |
Common terms and phrases
Act of Parliament action agency agents amount appear apply appointed articles of association authority Bank Beav Bell's bill bind the company bound calls capital Chancery charter claim common law companies common seal company property company's constitution contract copartners copartnery corporation Court Court of Session creditor declared deed directors dissolution East Lothian effect England English English law entitled Ersk evidence existing firm Glasgow held holder House of Lords implied incorporated incurred individual instrument of formation interest joint-stock companies lands law of Scotland Lindley Macq meeting memorandum of association notice obligations old firm ordinary pany partner partnership relation party payment person prescribed principle privileges profits provisions purchase purposes question regulations Reports resolution Ross royal charter rule Scottish shareholders special act statute statutory sued supra tion transaction transfer trustees ultra vires unincorporated unless Vict
Popular passages
Page 50 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner, is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim.
Page 316 - ... notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the purpose of ascertaining the names of the shareholders, and the amount of capital remaining to be paid upon their respective shares, it shall be lawful for any person entitled to any such execution, at all reasonable times, to inspect the register of shareholders without fee.
Page 81 - No company, association, or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking...
Page 87 - ... shall be deemed to be a company having a permanent paid-up or nominal capital of fixed amount, divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in one way and partly in the other, and formed on the principle of having for its members the holders of shares in such capital, or the holders of such stock, and no other persons...
Page 98 - Every person who shall have subscribed the prescribed sum or upwards to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company.
Page 565 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post...
Page 316 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the company not then paid up...
Page xvii - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
Page 189 - Where a partnership is dissolved (even where it can be in a sense dissolved the instant after notice to dissolve is given, if there be no contract, to the contrary), it must still continue for the purpose of winding up its affairs, of taking and settling all its accounts, and converting all the property, means, and assets of the partnership, existing at the time of the dissolution, as beneficially as may be, for the benefit of all who were partners, according to their respective shares and interests;...
Page 320 - No past member shall be liable to contribute in respect of any debt or liability of the company contracted after the time at which he ceased to be a member.