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 17
... individual may lawfully embark , may competently be followed out by an association of individuals ; and such associations may assume the forms of private firms , com- panies , joint - stock companies , or corporate bodies , except in so ...
... individual may lawfully embark , may competently be followed out by an association of individuals ; and such associations may assume the forms of private firms , com- panies , joint - stock companies , or corporate bodies , except in so ...
Page 18
... individual shareholders or partners in penalties , does not render the association illegal so as to put it beyond the protec- tion of the law . To produce this effect , the illegality must inhere in the purpose of the company's ...
... individual shareholders or partners in penalties , does not render the association illegal so as to put it beyond the protec- tion of the law . To produce this effect , the illegality must inhere in the purpose of the company's ...
Page 34
... individual . In modern times , corporations can be constituted in one of two and special act . ways only , -viz . by charter from the Crown , or by Act of Parlia- ment . Formerly , both in England and Scotland , the Crown was in use to ...
... individual . In modern times , corporations can be constituted in one of two and special act . ways only , -viz . by charter from the Crown , or by Act of Parlia- ment . Formerly , both in England and Scotland , the Crown was in use to ...
Page 38
... individual continues uninterrupted and unimpaired . This is so necessary an attribute of a corporation , that without an Act of Parliament the Crown appears incapable of fixing a term of duration in the incorporating charter ( a ) ...
... individual continues uninterrupted and unimpaired . This is so necessary an attribute of a corporation , that without an Act of Parliament the Crown appears incapable of fixing a term of duration in the incorporating charter ( a ) ...
Page 60
... individual partners for company debts rests upon the two principles of implied mandate where no part and suretyship existing between the socii in virtue of the contract itself , so in like manner a man may render himself liable for the ...
... individual partners for company debts rests upon the two principles of implied mandate where no part and suretyship existing between the socii in virtue of the contract itself , so in like manner a man may render himself liable for the ...
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 agent amount appear apply appointed articles of association authority Bank Beav Bell's bill bind the company bound Bubble Act calls capital Chancery charter claim common law companies common seal company debts company's consequence constitution contract copartners copartnery corporation Court Court of Session creditor deed directors dissolution effect England English English law entitled Ersk evidence existing formed granted held House of Lords implied incorporated incurred individual inter socios joint-stock company lands law of Scotland letters patent limited liability Lindley Macq meeting notice obligations obtained old firm ordinary pany partner partnership relation party payment person prescribed principle privileges provisions purchase purposes question registered regulations Reports royal charter rule rule in Clayton's Scottish share profits shareholders special act statute statutory sued supra tion transaction transfer trustees unincorporated unless Vict
Popular passages
Page 55 - 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 321 - ... 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 86 - 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 92 - ... 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 55 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Page 103 - 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 570 - 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 321 - 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 xxii - 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 194 - ... 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 ; and the other partners cannot say to him, tc whom they have given an offer of his deposit and interest...