« EelmineJätka »
carrying on the Trade or Business of an Auctioneer, or selling any Goods or Chattels, Lands, Tenements, or Hereditaments, by Auction, shall, over and above any Licence to him or her granted as an Auctioneer, take out such Licence as is required by Law to deal in or retail, or to vend, trade in, or sell, any Goods or Com modities, for the dealing in or retailing, or vending, trading in, or selling of which an Excise Licence is specially required, before he or she shall be permitted or authorized to sell such Goods or Commodities by Auction; and if any such Person shall sell any such Goods or Commodities as aforesaid by Auction without having taken out such Licence as aforesaid for that Purpose, he or she shall be subject and liable to the Penalty in that Behalf imposed upon Persons dealing in or retailing, vending, trading, or selling any such Goods or Commodities without Licence, notwithstanding any Licence to him or her before granted as aforesaid for the Purpose of exercising or carrying on the Trade or Business of an Auctioneer, or selling any Goods or Chattels, Lands, Tenements, or Hereditaments, by Auction, any thing herein contained to the contrary notwithstanding," together with the Proviso thereto attached, and so much of any other Act or Acts of Parliament by which it is required that a separate and distinct Licence shall be taken out by any Auctioneer selling by Auction Gold or Silver Plate or Patent Medicines, or any other Articles, are hereby repealed; and any Auctioneer having at the Time in force a Licence on which the Duty under the Provisions of this Act has been paid may sell by Auction any such Property, Goods, or Commodities, without taking out any other Licence in such respect, any other Act or Acts to the contrary thereof notwithstanding. VII. And be it enacted, That every Auctioneer, before be fore Sale, shall ginning any Auction, shall affix or suspend, or cause to be affixed or suspended, a Ticket or Board containing his true and full Christian and Surname and Residence painted, printed, or written in large Letters publicly visible and legible in some conspicuous Part of the Room or Place where the Auction is held, so that all Persons may easily read the same, and shall also keep such Ticket or Board so affixed or suspended during the whole Time of such Auction being held; and if any Auctioneer begins any Auction, or acts as Auctioneer at any Auction, in any Room or Place where his Name and Residence is not so painted or written on a Ticket or Board so affixed or suspended, and kept affixed or suspended as aforesaid, he shall forfeit for every such Offence the Sum of Twenty Pounds.
suspend or affix a Ticket or Board containing his full Christian and Surname and Place of Residence,
Licence to be produced, on demand, or a Deposit of Ten Pounds made, on pain of One Month's Impri
VIII. And be it enacted, That if any Person acting as an Auctioneer, and by this Act required to take out a Licence as a Person exercising or carrying on the Trade or Business of an Auctioneer, does not at the Time of any Sale by Auction, on demand of any Officer of Excise or Customs, or any Officer of Stamps and Taxes, produce and show to such Officer a proper Licence to him granted under this Act, and then in force, or does not immediately deposit with such Officer the Sum of Ten Pounds, every such Person may be arrested and detained by any Officer of the Peace as herein-after mentioned; and every Officer of the Peace shall, at the Request of any such Officer as first aforesaid, at the Termination of such Sale, or sooner if convenient, arrest and
and convey such Person before some one of Her Majesty's Justices of the Peace of the County or Place where such Sale has been held, and such Justice 'shall examine into the Fact or Facts charged, and upon Proof, either by Confession of the Party offending or by the Oath of One or more credible Witness or Witnesses (which Oath the said Justice is hereby empowered to administer), that the Person so brought before him did act as an Auctioneer as aforesaid, and did not produce such Licence, or deposit such Sum of Money as aforesaid, shall, by Warrant under his Hand, commit such Offender to the Common Gaol or House of Correction for the County or Place where the said Sale has been held, for any Time not exceeding One Calendar Month from the Day of such Commitment; and no such Imprisonment, nor the Deposit of such Sum of Money as aforesaid, shall in any Manner prejudice or affect any Proceedings afterwards instituted for Recovery of the Penalty incurred by such Person for acting as an Auctioneer at such Sale as aforesaid without the Licence by this Act directed; but if any Person, having so deposited such Sum of Money as aforesaid, at any Time before the Expiration of One Week from the Date of such Sale as aforesaid produces to the Officer with whom he deposited the same a proper Licence to him granted and in force as an Auctioneer before and at such Sale, every such Officer shall immediately thereupon repay to such Person the full Sum so deposited with him; if otherwise, every such Officer shall at the Expiration of the said Week account for all such Money to the Commissioners of Excise, or such Person as they may appoint to receive the same.
IX. And be it enacted, That this Act may be amended or re- Alteration of pealed by any Act to be passed in this present Session of Par- Act, liament.
CA P. XVI.
An Act for consolidating in One Act certain Provisions
WHEREAS it is expedient to comprise in One general Act sundry Provisions relating to the Constitution and Management of Joint Stock Companies, usually introduced into Acts of Parliament authorizing the Execution of Undertakings of a 'public Nature by such Companies, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ⚫ ensuring greater Uniformity in the Provisions themselves:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall apply to every Joint Act to apply to Stock Company which shall by any Act which shall hereafter all Companies be passed be incorporated for the Purpose of carrying on any Acts hereafter Undertaking, and this Act shall be incorporated with such Act; to be passed. and all the Clauses and Provisions of this Act, save so far as they F 4 shall
Interpretations in this Act:
"the special Act:"
shall be expressly varied or excepted by any such Act, shall apply to the Company which shall be incorporated by such Act, and to the Undertaking for carrying on which such Company shall be incorporated, so far as the same shall be applicable thereto respectively; and such Clauses and Provisions, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, shall, save as aforesaid, form Part of such Act, and be construed together therewith as forming One Act.
II. And with respect to the Construction of this Act, and of other Acts to be incorporated therewith, be it enacted as follows:
The Expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed incorporating a Joint Stock Company for the Purpose of carrying on any Undertaking, and with which this Act shall be so incorpo"prescribed:" rated as aforesaid; and the Word "prescribed" used in this Act, in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act; and the Sentence in which such Word shall occur shall be construed as if instead of the Word "prescribed" the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the Undertaking" shall mean the Undertaking or Works, of whatever Nature, which shall by the special Act be authorized to be executed.
Interpretations in this and the
"Lease:" "Month:" "Superior Courts:"
" County :"
III. The following Words and Expressions both in this and the special Act shall have the several Meanings hereby assigned to them, unless there be something in the Subject or the Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number only shall include the
Words importing the Masculine Gender only shall include
The Word "Lands "shall extend to Messuages, Lands, Tene-
The Word "Lease" shall include an Agreement for a Lease:
The Word "Oath” shall include Affirmation in the Case of
The Word "County" shall include any Riding or other like
The Word"Justice" shall mean Justice of the Peace acting for the County, City, Borough, Liberty, Cinque Port, or other Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and where any Matter shall be authorized or required to be done by Two Justices the Expression "Two Justices" shall be understood to mean Two Justices assembled and acting together in Petty Sessions:
The Expression "the Company" shall mean the Company con- "The Comstituted by the special Act:
The Expression "the Directors" shall mean the Directors of " Directors :"
The Word "Shareholder" shall mean Shareholder, Proprietor, "Shareholder:'
be held to apply to a Corporation: And
The Expression "the Secretary" shall mean the Secretary of "Secretary." the Company, and shall include the Word "Clerk."
IV. And be it enacted, That in citing this Act in other Acts Short Title of of Parliament and in legal Instruments it shall be sufficient to use the Act. the Expression "The Companies Clauses Consolidation Act, 1845."
with other Acts.
V. And whereas it may be convenient in some Cases to incorpo- Form in which 'rate with Acts of Parliament hereafter to be passed some Portion Portious of this only of the Provisions of this Act;' be it therefore enacted, That Act may be for the Purpose of making any such Incorporation it shall be incorporated sufficient in any such Act to enact that the Clauses and Provisions of this Act, with respect to the Matter so proposed to be incorporated (describing such Matter as it is described in this Act in the Words introductory to the Enactment with respect to such Matter), shall be incorporated with such Act; and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate.
And with respect to the Distribution of the Capital of the Distribution of Company into Shares, be it enacted as follows: Capitul.
VI. The Capital of the Company shall be divided into Shares Capital to be of the prescribed Number and Amount; and such Shares shall be divided into numbered in arithmetical Progression, beginning with Number Shares. One; and every such Share shall be distinguished by its appropriate Number.
VII. All Shares in the Undertaking shall be Personal Estate, Shares to be and transmissible as such, and shall not be of the Nature of Real Personal Estate. Estate.
VIII. Every Person who shall have subscribed the prescribed Shareholders. 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 herein-after mentioned, shall be deemed a Shareholder of the Company.
IX. The Company shall keep a Book, to be called the "Register Registry of of Shareholders;" and in such Book shall be fairly and distinctly Shareholders entered, from Time to Time, the Names of the several Corporations and the Names and Additions of the several Persons entitled to Shares in the Company, together with the Number of Shares to which such Shareholders shall be respectively entitled, distinguish
Distribution of ing each Share by its Number, and the Amount of the SubscripCapital. tions paid on such Shares, and the Surnames or Corporate Names of the said Shareholders shall be placed in alphabetical Order; and such Book shall be authenticated by the Common Seal of the Company being affixed thereto; and such Authentication shall take place at the First Ordinary Meeting, or at the next subsequent Meeting of the Company, and so from Time to Time at each Ordinary Meeting of the Company.
Certificates of Shares to be issued to the Shareholders.
Certificate to be Evidence.
Certificate to be renewed when destroyed.
X. In addition to the said Register of Shareholders, the Company shall provide a Book, to be called the "Shareholders Address Book," in which the Secretary shall from Time to Time enter in alphabetical Order the Corporate Names and Places of Business of the several Shareholders of the Company, being Corporations, and the Surnames of the several other Shareholders with their respec tive Christian Names, Places of Abode, and Descriptions, so far as the same shall be known to the Company; and every Shareholder, or if such Shareholder be a Corporation the Clerk or Agent of such Corporation, may at all convenient Times peruse such Book gratis, and may require a Copy thereof or of any Part thereof; and for every Hundred Words so required to be copied the Company may demand a Sum not exceeding Sixpence.
XI. On demand of the Holder of any Share the Company shall cause a Certificate of the Proprietorship of such Share to be delivered to such Shareholder; and such Certificate shall have the Common Seal of the Company affixed thereto; and such Certificate shall specify the Share in the Undertaking to which such Shareholder is entitled; and the same may be according to the Form in the Schedule (A.) to this Act annexed, or to the like Effect; and for such Certificate the Company may demand any Sum not exceeding the prescribed Amount, or if no Amount be prescribed, then a Sum not exceeding Two Shillings and Sixpence.
XII. The said Certificate shall be admitted in all Courts as prima facie Evidence of the Title of such Shareholder, his Executors, Administrators, Successors, or Assigns, to the Share therein specified; nevertheless the Want of such Certificate shall not prevent the Holder of any Share from disposing thereof.
XIII. If any such Certificate be worn out or damaged, then, upon the same being produced at some Meeting of the Directors, such Directors may order the same to be cancelled, and thereupon another similar Certificate shall be given to the Party in whom the Property of such Certificate, and of the Share therein mentioned, shall be at the Time vested; or if such Certificate be lost or destroyed, then, upon Proof thereof to the Satisfaction of the Directors, a similar Certificate shall be given to the Party entitled to the Certificate so lost or destroyed; and in either Case a due Entry of the substituted Certificate shall be made by the Secretary in the Register of Shareholders; and for every such Certificate so given or exchanged the Company may demand any Sum not exceeding the prescribed Amount, or if no Amount be prescribed, then a Sum not exceeding Two Shillings and Six