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
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Page xviii
... granting Leases so as to bind the Firm , 533 Notice , • 536 III . How Partnerships and Common Law Companies Sue and are Sued , • 537 Appearance in the descriptive Name , with Joinder of Partners , 539 Appearance in the social Name , 541 ...
... granting Leases so as to bind the Firm , 533 Notice , • 536 III . How Partnerships and Common Law Companies Sue and are Sued , • 537 Appearance in the descriptive Name , with Joinder of Partners , 539 Appearance in the social Name , 541 ...
Page xxiii
... granting to her Majesty Duties on Profits arising from Property , Professions , Trades , and Offices , 23 and 24 Vict ... granted by Railway Companies in Scotland , • 25 and 26 Vict . c . 89 , An Act for the Incorporation , Regulation ...
... granting to her Majesty Duties on Profits arising from Property , Professions , Trades , and Offices , 23 and 24 Vict ... granted by Railway Companies in Scotland , • 25 and 26 Vict . c . 89 , An Act for the Incorporation , Regulation ...
Page 24
... , 5 Ex . 24. See Lindley , p . 75 . ( in this country , there can be no doubt 24 [ BOOK I. MINORITY . and 25 Vict c 50, An Act for facilitating the Transfer of Mortgages and Bonds granted by Railway Companies in Scotland,
... , 5 Ex . 24. See Lindley , p . 75 . ( in this country , there can be no doubt 24 [ BOOK I. MINORITY . and 25 Vict c 50, An Act for facilitating the Transfer of Mortgages and Bonds granted by Railway Companies in Scotland,
Page 98
... granted since that period no pro- vision is contained to the contrary , the company is a full corporation . as of old , with all its rights and privileges ; but if the charter contain clauses limiting the period of duration to a fixed ...
... granted since that period no pro- vision is contained to the contrary , the company is a full corporation . as of old , with all its rights and privileges ; but if the charter contain clauses limiting the period of duration to a fixed ...
Page 99
... granted by the Crown , but accepted by those in whose favour it is issued . members . The members of the corporation ... granting them the Crown has exceeded its pre- rogative , ―as by seeking to confer rights or privileges which could ...
... granted by the Crown , but accepted by those in whose favour it is issued . members . The members of the corporation ... granting them the Crown has exceeded its pre- rogative , ―as by seeking to confer rights or privileges which could ...
Contents
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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.