LIS PENDENS,

winding-up petition to be, 83.
LIST OF MEMBERS,

to be made annually, 15, 254.

penalty for not forwarding to Registrar, 16.
copy of, 18.

of contributories: see CONTRIBUTORIES.

LOST CAPITAL,

cancelling, 26, 166, 255.

LUNATIC MEMBER,

vote of, how given, 137.

MAJORITY,

power of, to alter constitution of company, 46.

of creditors or contributories, regard to wishes of, 70, 96, 103, 185, 265.
MANAGEMENT, 252, et seqq.

of company's affairs by directors, 139.

voting goes by numerical majority, unless poll demanded, 136.

of creditors and contributories, holding of, in winding-up, 70, 96, 265.
rules as to, 185: and see FORMS.

of company in voluntary liquidation, 92.

power of liquidators to call, 92, 276.
liquidators to call at end of year, 92.
at conclusion of winding-up, 93, 276.
of directors, 143, et seqq.

MEMBERS,

definition of, 13.

who are, 13.

who have agreed to become, 13, 14, 248.

bearer of share warrants may be, if regulations so provide, 36.

annual list of, 15, 254.

penalty for not forwarding to Registrar, 16.

MEMBERS-continued.

liability of present and past, 21-23: see LIABILITY, CONTRIBUTORY.

notice of increase of number of, where capital not divided into shares, 19.
register of, 14: see REGISTER.

to be evidence, 13, 21.

is not conclusive, 13.

rectification of, 19.

requisition by, to hold an extraordinary general meeting, 134, 155.
service of notices on, 149, 157, 190.

out of jurisdiction, 190.

votes of, 136.

less than seven,

ground for winding-up order, 64, 261.

penalty on carrying on business when, 45.

see also SHAREHOLDER; CONTRIBUTORY; NO-LIABILITY and MINING
PARTNERSHIPS ACTS.

MEMORANDUM OF ASSOCIATION,

of company generally, 3, 4.
limited by shares, 4.

limited by guarantee, 5.

unlimited, 6.

copies of, to be supplied to members, 11.
how binding on the members, 6.

contract and liability of subscriber of, 13, 14.
alteration of, by certain companies, 6.

power of altering, how to be exercised, 7.
by cancellation of unissued shares, 168.

articles may modify, 4, 7.

objects in, differing from prospectus, 247

cannot be extended by articles, 7.

powers of company bounded by, 251.

contracts ultra vires, not capable of ratification, 7.

to be approved by the Court in case of reduction of capital, 29, 259.
form of, 29, 167, 243, 259.

registration of, 29, 259.

to be embodied in memorandum of association, 30, 259.

MINUTES

of resolutions and proceedings to be evidence, 53.

directors' knowledge of, 140.

MISDESCRIPTION

of transferee,

whether material, 13.

material where directors have discretion in accepting proposed
transferee, 13.

MISFEASANCE,

liability of director or promoter for, 106-108.

for, in going concern enforceable by action, 106.

who may apply to enforce, 106.

when personally liable, 107.

Court has summary jurisdiction in winding-up, 107.
whether discharge in bankruptcy releases from, 107.

damages, how estimated in cases of, 106.

MISREPRESENTATION, 20.

of company or agent, 20, 140.

in prospectus, 247.

what constitutes, 247.

right to relief in consequence of, 20.

and against creditors after winding-up, 23.

as against the company, 20.

as against the directors, 21, 247.

what is necessary for the purpose of remedy, 21, 247.

after winding-up commenced, 20.

original allottees only can complain of, 248.

action for relief on ground of, 21.

wilful as to proposed transferee, 13.

MISSTATEMENT

in transfer, 13.

prospectus,

ground for rescission, 247.

MONEY'S WORTH,

payments for shares in, 34.
under No-Liability Act, 285.

X

MORTGAGE,

power of companies to effect, 43.

register of, 43: see REGISTER OF MORTGAGES.

affecting property of company, effect of non-registration of, 43.
of calls whether valid, 43.

of shares, by transfer in blank and deposit of certificates, 128.
MORTGAGEE,

equitable, of shares, should give notice, 17.

MUTUAL SOCIETY,

to be payable seven days after making, 295, 296.

successive calls at intervals of not less than fourteen days, 296.

rules as to,

directors may make, 309.

amount of, 309.

date of payment of, 309.

Company

to mine in other colonies, cannot be formed under No-liability Act, 288.
powers of: see POWERS.

formed previously to the Act, may register as no-liability company, 294.
effect of, 294.