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prohibition of partnerships exceeding a certain, 2

against carrying on business with less than seven mem-
bers, 52

shares to be distinguished by, 31

not applicable to existing companies, 228

of names required to be specified in licences to joint stock
banks, 33

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for registration of companies, 212
every company to have registered, 47
notice of change of, to be given, 47

temporary power for companies to change, 239, 240
statement to be put up in, by certain companies, 50
form of, 262


to be appointed by the court, 109

order, 299

form of, 323

court to determine power of, where more than one, 110
court to determine what security to be given by, 110
provision as to resignations, removals, filling up vacancies and
compensations to, 110

style and duties of, 111

powers of, 111

to conduct legal proceedings, 111

to carry on company's business, 111
to sell property of company, 111
to execute deeds, 112

to prove, &c. dividend, 112

to draw, &c. bills of exchange, &c., 112

to take out letters of administration, 112

compromise of claims by, 113

appointment of solicitor by, 113

may be appointed by judge without advertisement, 298
when time and place of appointment of, to be advertised, 298
to give security by recognizance, 299

form of, 324

cases as to compromise of claims by, 183

accounts of, when to be left at judge's chambers, 299, 301

on passing, to show that sureties are living, 299

books of account to be kept by, 300

remuneration of, how to be allowed, 300, 301


appointment of, by judge's chief clerk invalid, 110

sales of property by, 185

costs of, how to be paid, 150

attachment of funds in hands of, 291

power of, to institute a suit, 448

adoption of suits by, 449



rules in, as to proceedings for winding-up, 297, 298

official liquidators to be appointed by, 299

copy of order for call, how to be served, 305

for payment of balance on calls, 306

to direct payment of calls and other monies into the bank, 307
made in chambers, how to be drawn up, 311

for dissolution of company, 159

how to be enforced, 163, 307

appeals from, 165

made in one county, how to be enforced in another, 164
Forms of,

for a call, 342

for winding-up by the court, 321

for winding-up subject to supervision, 322

appointing an official liquidator, 323

appointing a provisional liquidator, 324

for payment of money or delivery of books, &c. to official
liquidator, 326

on application to vary list, 340

for payment of call due from a contributory, 343

a memorandum of the sanction of the judge for certain
acts to be done by the official liquidator, 352
to dissolve the company, 354



articles of association to be numbered in separate, 21


in joint stock company cannot be determined by shareholder,


power of majority of members of, to bind minority, 439


liability of, to contribute, 45, 388


when valid and when not, 189-191
what are voluntary, 203


for non-registration of members of company, 32

on company for not keeping proper register, 34

for refusal to allow inspection or give copy of register, 35
for not giving notice of increase of capital and of members to
the registrar, 38

for non-publication of name of limited company, 48

for not keeping register of mortgages, 49

on certain companies for not publishing statement, 50

on company not keeping register of directors, 50

for not sending copy of special resolution to registrar, 56, 57
for omission respecting special resolutions, 57

for falsification of books, 207

penalty of perjury incurred by false evidence, 209
for non-publication of name, &c., 385

saving clause as to, under repealed acts, 236


how to be recovered under Companies Act, 1862..70

application of, 71


under Industrial Societies Act, 1852..389

penalty of, incurred by false evidence, 209


shares of member to be, 31

when proceedings may be taken for administration of, 156


when liable to contribute to assets of company, 85
proceedings against, for nonpayment of money, 156

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


application for winding-up company to be by, 104

course to be pursued by court on hearing petition to wind-up,

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demand of, at general meeting, 249, pl. (42)

how to be taken, 250, pl. (43)

majority how to be computed in case of demand of, 221

[blocks in formation]


punishment for forging, 207, 208


on winding-up under previous acts, 146-149

former, as to winding-up companies, how far applicable, 209,


reservation of general, not otherwise provided for, 317

on order to wind-up, 297, 298

as to the appointment of official liquidator, 298, 299
as to proof of debts, 301

See PROOF OF Debts.

on settling list of contributories, 303, 304

on sales of property of company, 304

as to making calls, 305

as to payment of money and deposit of securities, 306-308
as to delivery of securities and payment and investment of
nonies, 308, 309

as to meetings of creditors or contributories, 309

for obtaining direction or sanction of judge, 310

as to applications to the court or judge, 311
as to drawing up orders, 311

as to advertisements, 311

as to admission of documents, 311

as to affidavits, 312

as to chief clerk's certificate, 312

as to registration and filing proceedings, 312

as to attendance and appearance of parties, 313
as to services of summons, notices, &c., 314
general directions as to, 317


priority of payment of dividends on, 430

arrears of dividends in respect of, when payable, 431


to be paid for purchase of interest of dissenting member may be
settled by arbitration, 186



in respect of shares in banking company, 433


of directors at meetings, 72

regulations as to, by directors, 253, 254, 364, 365

by official liquidators respecting property of unregistered com-
panies, 235


Court of Chancery may order, by the defendant, 215

when ordered by the company, 215

by directors not ordered, when, 215


no dividend to be paid except out of, 254, pl. (73)
reserved fund may be set apart out of, 254, pl. (74)


of partnerships exceeding a certain number, 2

against certain companies holding land, 30

against company carrying on business with less than seven mem-
bers, 52


when deemed to be made, &c. by company, 51
when directors not personally liable on, 51

company when bound by, 62

power of official liquidators relative to, 112
name of company to be stated in, 48


acts of, not binding on future corporation, 436, 437


by public companies in bankruptcy, 92

form of declaration by agent authorized by, 93
to be made of all debts after winding-up, 182

after a winding-up order, 144

mode of, 144

notwithstanding Statute of Limitations, when, 145

of all descriptions admitted, 182

in respect of borrowed money, 182

when allowed, 145

by creditors may be excluded by court after certain time, 156
time for, to be advertised, 301

creditors when to come in for, 301

when claimed to be investigated by official liquidator, 302
list of debts proved to be made, 302

when disallowed, what to be done, 302

debts proved, how to be estimated, 182, 303
interest to be allowed on debts proved, 303

costs of, to be allowed, 303

result as to, to be stated in certificate, 303

proceedings in the court of the vice-warden of Stannaries on, 157


court may require delivery of, by contributories and others, 152
meaning of the word in the act as to frauds by directors, 378

of existing companies in whom to vest on registration, 226


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