FORM F. LICENCE TO HOLD LANDS. The lords of the committee of privy council appointed for the consideration of matters relating to trade and foreign plantations hereby licence the association, limited, to hold the lands hereunder described [insert description of lands]. The conditions of this licence are [insert conditions, if any] (k). (k) See ante, p. 27, n. (c); sect. 21, ante, p. 30. THIRD SCHEDULE. THIRD SCHEDULE (a). FIRST PART. Date and Chapter of Act. Title of Act. 21 & 22 Geo. 3, c. 46 An Act to promote Trade and Manufactures by re(Parliament of Ire- gulating and encouraging Partnerships. land.) 7 & 8 Vict. c. 110.. 7 & 8 Vict. c. 111 .. 7 & 8 Vict. c. 113.. 8 & 9 Vict. c. 98 An Act for the Registration, Incorporation and Regulation of Joint Stock Companies. An Act for facilitating the winding-up the Affairs of Joint Stock Companies unable to meet their pecuniary Engagements. An Act to regulate Joint Stock Banks in England. An Act for facilitating the winding-up the Affairs of Joint Stock Companies in Ireland unable to meet their pecuniary Engagements. 9 & 10 Vict. c. 28 .. An Act to facilitate the Dissolution of certain Railway Companies. 9 & 10 Vict. c. 75.. 10 & 11 Vict. c. 78.. An Act to regulate Joint Stock Banks in Scotland and Ireland. An Act to amend an Act for the Registration, Incorporation and Regulation of Joint Stock Companies. 11 & 12 Vict, c. 45.. An Act to amend the Acts for facilitating the wind 12 & 13 Vict. c. 108.. 19 & 20 Vict. c. 47.. 20 & 21 Vict. c. 14.. 20 & 21 Vict. c. 49.. ing up the Affairs of Joint Stock Companies unable An Act for the Incorporation and Regulation of An Act to amend the Law relating to Banking Com- 20 & 21 Vict. c. 78.. An Act to amend the Act 7 & 8 Vict. c. 111, for facilitating the winding-up the Affairs of Joint Stock Companies unable to meet their pecuniary Engagements, and also the Joint Stock Companies Winding-up Acts, 1848 and 1849. 20 & 21 Vict. c. 80.. 21 & 22 Vict. c. 60.. An Act to amend the Joint Stock Companies Act, 1856. An Act to amend the Joint Stock Companies Acts, 1856 and 1857, and the Joint Stock Banking Companies Act, 1857. 21 & 22 Vict. c. 91.. An Act to enable Joint Stock Banking Companies to be formed on the Principle of Limited Liability. (a) See sect. 205, ante, p. 236. SECOND PART (a). 7 & 8 Vict. c. 113, s. 47. have the Every company of more than six persons established Existing on the sixth day of May, one thousand eight hundred and companies to forty-four, for the purpose of carrying on the trade or powers of business of bankers within the distance of sixty-five miles suing and being sued. from London, and not within the provisions of the act passed in the session holden in the seventh and eighth years of the reign of her present Majesty, chapter one hundred and thirteen, shall have the same powers and privileges of suing and being sued in the name of any one of the public officers of such copartnership as the nominal plaintiff, petitioner or defendant on behalf of such copartnership; and all judgments, decrees and orders made and obtained in any such suit may be enforced in like manner as is provided with respect to such companies carrying on the said trade or business at any place in England exceeding the distance of sixty-five miles from London, under the provisions of an act passed in the seventh year of the reign of king George the fourth, chapter forty-six, intituled “An Act for the better regulating Copartnerships of certain Bankers in England, and for amending so much of an Act of the Thirty-ninth and Fortieth years of the reign of His late Majesty King George the Third, intituled 'An Act for establishing an Agreement with the Governor and Company of the Bank of England for advancing the Sum of Three Millions towards the Supply for the Service of the Year One thousand eight hundred, as relates to the same,'" provided that such first-mentioned company shall make out and deliver from time to time to the commissioners of stamps and taxes the several accounts or returns required by the last-mentioned act, and all the provisions of the last-recited act as to such accounts or returns shall be taken to apply to the accounts or returns so made out and delivered by such first-mentioned companies as if they had been originally included in the provisions of the last-recited act (b). (a) This part is re-enacted by sect. 205, ante, p. 236. (b) The object of the following note is to make this part of the act intelligible. By 39 & 40 Geo. 3, c. 28, all banking companies (except the Bank of England) consisting of more than six persons were illegal. The statute 7 Geo. 4, c. 46, was amended by 1 & 2 Vict. Power to partnerships of ten per sons. 20 & 21 Vict. c. 49, part of Section XII. Notwithstanding anything contained in any act passed form banking in the session holden in the seventh and eighth years of the reign of her present Majesty, chapter one hundred and thirteen, and intituled "An Act to regulate Joint Stock Banks in England," or in any other act, it shall be lawful for any number of persons, not exceeding ten, to carry on in partnership the business of banking, in the same manner and upon the same conditions in all respects as any company of not more than six persons could before the passing of this act have carried on such busi ness. Liability of members. c. 96, and 3 & 4 Vict. c. 111, and as to the issue of notes, &c. by bankers, by 3 & 4 Will. 4, cc. 83, 98; 4 & 5 Vict. c. 50, as to the returns to be made by banks of the amount of their notes in circulation; and by 7 & 8 Vict. c. 32, which regulates the issue of bank notes by, and confers certain privileges on, the Bank of England; 8 & 9 Vict. c. 76. The 7 Geo. 4, c. 46, was repealed by 20 & 21 Vict. c. 49, as to companies formed after 6th May, 1844, by 7 & 8 Vict. c. 113, and as to companies formed before that time but registered under the Joint Stock Companies Acts, 1856, 1857. The statute 7 Geo. 4, c. 46, still remains in force as to companies formed before 6th May, 1844, and not registered under the Joint Stock Companies Acts, 1856-1858. By 3 & 4 Will. 4, c. 98, s. 3, any company or partnership, although consisting of more than six persons, was enabled to carry on the business of banking in London or within sixtyfive miles thereof, provided such company or partnership did not borrow, owe or take up in England any sums of money on their bills or notes payable on demand, or at any less time than six months from the borrowing thereof during the continuance of the privileges granted to the Bank of England. By 7 & 8 Vict. c. 113, s. 1, no banking company of more than six persons could carry on banking business under articles entered into on or after 6th May, 1844, unless by letters patent to be granted according to the provisions of that act, but that act did not prevent the continuance of any banking business legally established before 6th May, 1844. By 7 Geo. 4, c. 46, s. 1, copartnerships of more than six in number were enabled to carry on business as bankers in England sixty-five miles distant from London, provided they had no banking establishment in London, and every member of any such corporation or copartnership is liable and responsible for the due payment of all bills and notes which shall be issued, and for all sums of money which shall be borrowed, owed or taken up by the corporation or copartnership of which such persons shall be a member, such person being a member at the period of the date of the bills or notes, or becoming or being a member before or at the time of the bills or notes being payable, or being such member at the time of the borrowing, owing or taking up of any sum or sums of money upon any bills or notes by the corporation or copartnership, or while any sum of money on any bills or notes is owing or unpaid, or at the time the same became due from the corporation or copartnership; any agreement, covenant or contract to the contrary notwithstanding. That act did not authorize copartnerships to issue within the limits mentioned any bills payable on demand; nor to draw bills upon any partner, &c. so resident, for less than 50%.; nor to borrow money, or take up or issue bills of exchange, contrary to the provisions of the act 39 & 40 Geo. 3, c. 28, except as therein provided. Ib., ss. 2, 3. Such copartnerships, before issuing any notes, &c. were required to deliver at the stamp office in London an account containing the name of the firm, &c. Ib., s. 4; see 3 & 4 Will. 4, c. 83, s. 2. The account to be returned to the stamp office was to be verified on the oath of one of the public officers. 7 Geo. 4, c. 46, s. 5. That provision has been considered to be directory. Steward v. Dunn, 12 M. & W. 663; see Bosanquet v. Woodford, 5 Q. B. 310; and Shelford on Law of Railways, as to directory and imperative statutes, pp. 73–75. Certified copies of returns are to be evidence of the appointment of the public officers, &c. 7 Geo. 4, c. 46, s. 6. A certified copy of a return is evidence of the facts stated in it without proving that the affidavit verifying it was made by the public registered officer. Bosanquet v. Woodford, 5 Q. B. 310; but such facts may be proved by parol and other evidence. Edwards v. Buchanan, 3 B. & Ad. 788; Reg. v. James, 7 Car. & P. 533; and notwithstanding an informality in a return; Reg. v. Carter, 1 Car. & R. 741; Reg. v. Beard, 8 Car. & P. 143; the list of proprietors filed at the stamp office is not receivable in evidence as against the plaintiffs, to show that at the time they were not proprietors, upon a scire facias against proprietors upon a judgment obtained against the public officer. Prescott v. Buttery, 1 C. B. 41. The commissioners of inland revenue are to give certified copies of affidavits on payment of 10s. 7 Geo. 4, c. 46, s. 7. An account of the new officers or members in the course of any year is required to be returned. Ib., s. 8. The following is the form prescribed by the act. SCHEDULE (B). |