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by contractor, not within scope of partnership business
7 note (b).

company limited by, nature of, 24, 129.

mode of forming, 145-8. (See COMPANY.)

if wound up, uncalled share capital is made part of assets of
company, ss. 90, 134, pp. 318, 355.

forms of constitution of company limited by guarantee, and
not having a share capital, App. II., forms 21, 22, 25.


liability of as contributory, 173, s. 76, p. 303.


company setting up defence of, 98, note (c).





of transferor by transferee, 84.

of trustee who is registered in respect of shares belonging to
c. q. t. 87.


company liable to, for violation of public rights, 99, note (a).
see Acts in App. III. pp. 721–742.

companies to which Acts apply, ss. 2-3 of 25 & 26 Vict.
c. 87. p. 723.

an individual cannot hold or claim any interest exceeding
£200, 30 & 31 Vict. c. 117, s. 2, p. 731.

society registered under these Acts may be wound up
voluntarily under Act of 1862, note to s. 199 (2), p. 404.
county court has jurisdiction in winding up, 25 & 26 Vict.
c. 87, s. 17, p. 727.

application of provisions of Friendly Societies Acts, 30 &
31 Vict. c. 117, s. 3, p. 731.


shareholder, 60.

transfer of shares to, not void but voidable, and may be
affirmed by acquiescence on his coming of age, 60. (See
cases cited in notes (b) & (c), p. 60).


against proceeding with action, execution, &c., after presen-
tation of a winding up petition, s. 85, p. 315, s. 197, p.
401, s. 201, p. 409.


of register of members, s. 32, p. 263.

of register of mortgages, s. 43, p. 276.

of books of company by inspectors appointed by Board of
Trade, ss. 56-59, pp. 287-289.

by inspector appointed by company, s. 60, p. 289.

of accounts of company in winding up, s. 156, p. 369.
of documents in registrar's office, s. 174, (5) p. 384.


excluded from Joint Stock Companies Acts, 1856-7, 22.
definition of, s. 3, p. 242.

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may be formed or registered under Act of 1862, ss. 6, 180,
pp. 245, 392.

obliged to publish statement of its assets and liabilities,
8. 44, p. 278.

completely registered under Act of 1844, compelled to
register under Act of 1862, s. 209, p. 413.



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is payable on overdue call, note to s. 102, p. 333.
on debts. (See DEBTS.)


Court of Chancery has jurisdiction in winding up, & 81,
p. 309.

power of Lord Chancellor of, to make rules, s. 173, p. 383.





definition of, for purposes of registration in cases of exist-
ing companies, s. 181, p. 392.

application of Act of 1862 to companies registered under
Joint Stock Companies Acts, 1856, 1857, see pt. vi. of
Act of 1862, p. 387, and p. 197.

pp. 503-504.

power of Court to sanction compromise between a company
and its creditors, s. 1, p. 503.

it seems impossible to apply the Act in the case of a life
assurance company which has absorbed a number of other
companies, ib., note.




under s. 35, as to rectification of the register, note to s. 35,
p. 267.

superior courts have concurrent jurisdiction with Stan-
naries Court under s. 35, note p. 268.

under s. 100 to require delivery of company's property,
note p. 327.

to appoint and remove liquidator in voluntary winding-up,
s. 141, p. 360.

as to jurisdiction after registration of return under s. 143,
note p. 361.

under s. 160 in relation to compromises, note to s. 160,
p. 373.

of County Court (See COUNTY COURT).


power of companies to hold land, s. 18, p. 254.

charitable and certain other companies cannot hold more
than two acres without a license, s. 21, p. 257.

power of industrial societies to hold land and to erect build-
ings, &c., 30 & 31 Vict. c. 117, s. 4; 34 & 35 Vict. c. 80.
s. 1, pp. 732, 739.


in barring right of shareholder to repudiate shares, 67.

as to, in setting aside contract, 125, note.

LEGAL PROCEEDINGS, under Act of 1862, ss. 65-70
pp. 291-296. (See ACTION-Winding up).


alteration of by company registering under Act, requires
sanction of Board of Trade, s. 196 (4) p. 399.


of partners. (See PARTNERSHIP.)

of persons interested in abortive company, 31.

of members of company, s. 38, p. 269, and see p. 155.
points that have been decided as to liability of past mem-
bers ib., note, p. 271.

nature of, of contributories, s. 75, p. 301. (See CONTRIBU-

of personal representatives. (See EXECUTOR.)

of trustee in respect of shares in his name, note to s. 30,
p. 263.

unlimited, of directors. (See DIRECTORS.)

limitation of in case of past shareholders in companies under
the Stannaries Act, note to s. 200, p. 409.



see Acts in App. III, pp. 743-779.

explanation of Acts, p. 743, and notes to various sections.
deposit required from company commencing business, 33 &
34 Vict. c. 61, s. 3, amended by 34 & 35 Vict. c. 58, and
35 & 36 Vict. c. 41.

rules as to, made by Board of Trade, p. 777.

statement of accounts, &c., to be deposited annually with
Board of Trade, 33 & 34 Vict. c. 61, ss. 5, 6, 10, 11.
actuarial investigation of financial condition to be made
quinquennially in the case of new companies, decennially
in the case of old companies, and abstract of report to be
deposited with Board of Trade, ib., ss. 7, 10.

statement of life and annuity business, ib., ss. 8, 10.

statements and abstracts of reports to be laid by Board of
Trade before Parliament, ib., s. 24.

forms of statements, ib., schedules.

restrictions on amalgamation of companies, ib., ss. 14, 15.
circumstances under which company may be wound up, ib.,
s. 21.

power of court to reduce contracts, ib., s. 22.

provisions as to winding up where one company has absorbed
several companies, 35 & 36 Vict. c. 41, s. 4.

rule for valuation of life annuities and policies, ib., s. 5, and sch. 1.
rule as to what constitutes a novation, ib., s. 7, sch. 2.
for explanation of these rules see notes pp. 772, 773.

liability, two kinds of, s. 7, p. 246.

observations on, 23, 128.

company. (See COMPANY.)

last word in name of limited company, ss. 8, 9, pp. 246, 247.
exception of certain charitable associations, 30 & 31 Vict.
c. 131, s. 23, p. 487.

publication of name by limited company, s. 41, p. 275.
penalty on non-publication of name, s. 42, p. 275.


Appointment of-

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may be appointed by court, provisionally or permanently,
ss. 85, 92, pp. 315, 320, Rules 8-10, App. I., pt. 2, p. 508.
court may determine security to be given by, s. 92, p. 320,
Rules 10, 12, p. 508.

will not be interfered with by appointment of a receiver,
note to s. 92, p. 321.


court of appeal will not interfere with discretion of court
below in appointing, ib.

as to preference of nominee of petitioner, ib.

may resign or be removed by court; court may fill up
vacancies, may award remuneration, and distribute it among
several liquidators, s. 93. p. 321, Rules 8-19, p. 508.
regulation as to remuneration of, p. 585.

remuneration not to be paid till costs of winding-up are
satisfied, note to s. 110, p. 337.

Style, power, and duties of—

general observations as to, 18, 183.

property of company is not technically vested in them, 183.
described by style of official liquidators and not by indi-
vidual names, s. 94, p. 322.

may bring actions and suits, execute deeds and do all other
acts in the name of the company, s. 95, p. 322, cr in the case
of an unregistered company in official name, s. 203, p. 410.
may carry on business of company for a limited time, or sell
property at once, s. 95, p. 322.

may prove in bankruptcy, draw and accept bills on behalf
of company, and take out letters of administration to
deceased contributory, ib.

may do any other act necessary for winding up affairs of the
company, ib.

are in the position of trustees for the shareholders, note to
8. 95, p. 324.

costs payable by in certain cases, ib.

may by order of court be empowered to act without its
sanction, s. 96, p. 325.

may, with sanction of the court, appoint a solicitor, s. 97, p. 325.
as to duties of solicitor of official liquidator, Rule 68, p. 523.
liquidator, who is a solicitor, may not appoint his partner,
ib., note.

costs and lien of solicitor, ib., note.

may, with sanction of court, enter into general arrangement
with creditors, s. 159, p. 371.

may, with sanction of court, compromise with contributories,
s. 160, p. 372.

may be punished by court for misapplication of assets,
s. 165, p. 378.

may, with sanction of court, institute proceedings against
delinquent directors, s. 167, p. 380.

rules of practice as to, Rules 8-19, p. 508.

as to discovery from in winding-up, note to s. 156 p. 369.

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