« EelmineJätka »
New South Water, Saws, & tatutes
OF 1874 AND 1888.
RULES AND FORMS,
THE NO-LIABILITY MINING COMPANIES ACT, AND
Notes, References to the English Acts, and to decided cases;
T. ROLIN, M.A., BARRISTER-AT-LAW,
G. E. RICH, M.A., BARRISTER-AT-LAW
(CHALLIS LECTURER ON THE LAW OF CONTRACT IN THE UNIVERSITY OF SYDNEY).
C. F. MAXWELL
Law Bookseller, Publisher and Stationer,
VICTORIA ARCADE, 55 & 57 ELIZABETH STREET.
THE original plan of this book was simply to collect in a convenient form the statutes in force in New South Wales on the subject of companies, together with the Rules of the Supreme Court dealing with winding-up and the reduction of capital. It was proposed to thoroughly index these statutes and rules, and at the same time, in order to facilitate reference to the English cases, to note under each section of the Acts and each rule the corresponding section and rule in force in England. This plan has been carried out; in addition it has been thought useful to give short notes on the scope of the sections of the various Acts, illustrated by reference to a few of the leading English cases. The latest English cases not contained in the last editions of the numerous English works on the same subject have been noted; and all the cases on this branch of the law decided in our own Courts have been referred to. In addition to the reported cases in our Courts we have had the opportunity, through the kindness of R. J. Browning, Esq., and S. E. Lamb, Esq., barristers-at-law, of looking through numerous unreported cases decided in the years 1874, 1875, and 1876. The bulk of the book has been further increased by the addition of short chapters on the formation of a company, and on the practice in reduction of capital and in winding-up. These chapters on the practice, the latter of which has had the great advantage of revision by the Master in Equity, will in particular, it is hoped, be found useful to the legal profession; and in the same view some forty or more forms have been added, together with some bills of costs-the latter prepared with the assistance of the Deputy Registrar in Equity.
In addition to a few statutes, not of great importance, which have been added to complete the collection of statutes connected with the subject, the "No-liability Act" has been printed. In the almost total absence of any express authority, the opinions expressed in the notes on that Act have been advanced with great diffidence, and with the consciousness of the importance of the subject to the very numerous companies now registered under it. We cannot but believe that fresh legislation on this subject would be very advantageous to companies formed or to be formed on the no-liability principle. In connection with this Act a set of rules has been drafted for the use of no-liability companies.
The above short sketch of the scope of this work will show that we have not attempted to provide a substitute for any of the recognised English books dealing with the same subject. The admirable works of Buckley, Lindley, Palmer, and other writers have been freely used and referred to; and our intention is merely to supply a more ready reference from our own Acts to those great authorities. In particular, under many sections of the "Companies Acts," reference has been made to the fifth edition of Buckley's work on the English Companies Acts and the notes therein contained on the corresponding sections of the English Acts.
We desire to express our thanks and great obligations to H. F. Barton, Esq., Master in Equity, for his kindness in revising the chapter on practice in winding-up; and to W. H. Hargraves, Esq., Deputy Registrar in Equity, we are greatly indebted for his careful perusal of the bills of costs in winding-up which are appended.
G. E. RICH.
The Mining Partnerships Limited Liability Act, 1861, 24 Vict. No. 21