Page images
PDF
EPUB

FRAUDULENT PREFERENCE-continued.
origin of doctrine of, 196

what necessary to constitute, 197, 199
innocent purchaser not affected by, 198
payment of debt before due is not, 200
when assignment as a security is not, 200

security given on pressure on eve of bankruptcy is not, 200
what is a question of fact for jury, 201

apprehension of legal proceedings will prevent acts being, 202
what payments are not voluntary in reference to doctrine of,

203

when drawing cheque upon bank was not, 204

when delivery of possession of goods was not, 205

FRAUDULENT REPRESENTATIONS,
effect of, in reference to contracts, 7

with reference to liability of parties as contributories, 129
-131

FRIENDLY SOCIETIES ACTS,

provisions of, applied to industrial societies, 386

GAIN,

G.

what lands may be held by companies formed for objects not
involving acquisition of, 30

GENERAL MEETING,

to be held annually, 53
evidence of proceedings at, 71

mode of proceeding at, 72

may be called by liquidators under voluntary winding-up, 175
regulations as to, 247, 359

proceedings at, 248, 360, 361

GUARANTEE,

what to be contained in memorandum of association limited by,

17

what requisite on registration of company limited by, 220
memorandum and articles of association of company limited by,
not having capital divided into shares, 263

articles of association to accompany memorandum, 264
memorandum of articles of association limited by, having a
capital divided into shares, 270

articles of association to accompany last, 271

H.

HEIRS,

when bound to contribute to assets of company, 85

of subscribers bound by memorandum of association as in
covenant, 18, 19

HUSBAND,

liability of, in respect of marriage with female contributory, 97
transmission of shares by, 244, 357, 358

I.

IDENTITY OF NAME,

probibition of, 29

INABILITY TO PAY DEBTS,

test of, in case of registered company, 100
in case of unregistered company, 231

INCORPORATION,

of companies under act 1862, upon registration, 24
of existing companies, 226

See CERTIFICATE.

INCREASE,

of capital by new shares, 19

regulations as to, 247, 359

notice of increase of capital and members to be given to regis-
trar, 38

INDEMNITY,

of public officers of banking company, 294

INDICTMENT,

allegation in, for stealing property of banking company, 71

INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1862,
382-390

See CONTENTS.

may be wound-up under Companies Act, 1862..387

INFANT,

generally cannot be contributory, 98

may be estopped by misrepresentation as to age, 98
who a contributory in respect of shares of, 98

INJUNCTION,

to restrain the transfer of shares, 35
practice on obtaining, 36

INJUNCTION-continued.

not granted to restrain borrowing of money by company, 64
bill for, when demurrable, 66

may be granted after presentation of petition for winding-up,

105

writs of, how enforced against corporations, 106

when granted to restrain execution of judgment, 108

in case of members of banking company, 290

granted as to dividends declared, but refused as to future divi-
dends, 431

who parties in application for, 431

to restrain directors from paying earnings of railway contrary to
acts, 432

INSPECTION,

of register to be allowed by company, 37
penalty for refusing, 37

may be ordered by judge at chambers, 37
application for, to be supported by evidence, 67
may be compelled by judge of superior courts, 214
when order for, will be made, 214

of company's books and papers may be ordered by court, 181

INSPECTORS,

affairs of company to be examined by, 66
may be appointed by company, 68

books to be produced for examination by, 67
may administer oath, 67

report to be made by, to Board of Trade, 68
report of, to be evidence, 69

INSURANCE COMPANY,
definition of, 1

not within act 20 & 21 Vict. c. 14, s. 27..2

provision restricting the liability of members of, preserved, 46
when judgment not enforceable against individual members of,
46, 47

individual members of, when not liable to calls under winding-
up acts, 123

to publish statement before commencing business, 50

form of, 262

penalty for default, 50

INTEREST,

to be allowed on debts proved, 303

See DIVIDENDS.

INTERPLEADER,

in the court of the vice-warden of the Stannaries, 161

INTERROGATORIES,

parties may be examined upon, 162

public officers of banking company may be examined upon, 289

IRELAND,

affidavits before whom to be sworn in, 169

Lord Chancellor of, may make rules as to winding-up com-
panies in, 211

order made in England to be enforced in, 164

who to act as registrar in, 214

judgment in respect of banking company in, how enforced in
England, 291

ISSUE,

may be directed as to right to appear on register of share-
holders, 40

[blocks in formation]

application of new act to companies formed under, 218

to companies registered under, 219

JUDGE AT CHAMBERS,

may order inspection of register, 37

application to, respecting improper entry or omission of entry
in register, 39

accounts of official liquidators to be left with, 299, 301

JUDGMENT,

execution upon, may be issued against any member of banking
company, 285

meaning of words "members for the time being," in reference
to, 285

relief granted in respect of registration of, 291

effect of, against company formed by letters-patent, 403

See EXECUTION-SCIRE FACIAS.

JUDICIAL NOTICE,

to be taken of signatures, 167, 216

JURISDICTION,

power to enforce orders out of, 163, 164

JUSTICES OF THE PEACE,

penalties recoverable before, 70, 389

L.

LANDS,

may be held by incorporated company, 24
capacity of corporation to hold, 27

power of companies to hold, under previous acts, 28
limit of quantity to be held by certain companies, 30

LEAVE,

when necessary to prosecute actions, &c. 107, 108
LEGAL PROCEEDINGS,

apprehension of, when it prevents fraudulent preference, 202
not to be affected by change of name of company, 20, 29
may be prosecuted by official liquidator, 111

LETTER,

notices on company may be served by, 69

rules as to notices by, 69

delivery of, when sent by post, 70.

LETTERS-PATENT,

formation of companies by, not prohibited, 2

act enabling crown to form companies by, 391-408
See CONTENTS.

LIABILITIES,

of members of companies formed under new act, 45
how to be limited, 13

where business is carried on with less than seven members, 52
where the word "limited" is not used when it ought to be, 48
of members of limited banking company in respect of its
notes, 222

of members of company limited by guarantee to pay up capital,
109, 173

of existing companies and their members, how affected by
registration, 226, 227

of members of banking company governed by 7 Geo. 4, c.46,
278, 285

See BANKING COMPANY,

of members under Industrial Societies Act, 1862..388

may be restricted by letters-patent, 395

[blocks in formation]

on documents, not affected by production, 61

on deposit of shares, 95

decision as to claim of, in Stannaries, 161

LIMITATIONS, STATUTE OF, 275
application to calls, 84

« EelmineJätka »