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SPECIAL CASE,

error may be brought on, 40

provisions in C. L. P. Act, 1854, respecting, 43, 44
to be lis pendens when registered, 160
See ERROR (WRIT OF).

SPECIAL COMMISSIONERS,

to receive evidence, who are to be, 167

SPECIAL RESOLUTION,

definition of, 53

regulations of the company may be altered by, 53
copy of, to be forwarded to registrar, 56

penalty for neglect, 56

copies of, to be annexed to articles of association, 57
when to be forwarded to each member, 57
penalty for neglect, 57

change of name of company with sanction of, 20

SPECIALTY DEBTS,

debts due from members to company to be, 22
calls under winding-up acts are, 83

what are, 84

order of payment of, 84

share capital not called up to be, 109

within what time recoverable, 84

when call made by master a simple contract and, 154

SPECIFIC PERFORMANCE,

of agreements as to shares, when decreed, 26, 27, 412, 413

SPIRITUAL PERSONS,

incapacitated to act as directors for profit, 444

STAMP,

required on memorandum and articles of association, 18, 22
on proxies, 54, 55

See PROXY.

on contract note, 242

may be impressed or adhesive, if latter to be cancelled,

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STAMP OFFICE,

returns to be made to, by banking companies, 279
STANNARIES,

by what statutes regulated, 3

reference to works respecting, 4

STANNARIES-continued.

when included in the expression "the court," 102, 103
power of court of vice-warden of, 105

proceedings in the court of the vice-warden of, on proof of
debts, 157

special provisions as to the court of the vice-warden of, after
order for winding-up company in, 161

interpleader in equity in court of, 161

extent of the jurisdiction of the vice-warden of, 163

appeals in court of, as to winding-up, may be remitted to court
of appeal in chancery, 165

judicial notice to be taken of signature of officers of court of,

167

vice-warden of, may make rules in court of, 210

may make or adopt rules, orders and practice of superior
courts of law and equity, 211

rules made for winding up companies in, 318

application may be made to vice-warden as to entry on regis-
ter, 39

creditor cannot oppose winding-up order, 151

STATEMENT,

of share held by each member to be made, 32

to be made by directors annually, 255, 256, pl. (79-82)
to be made by certain companies before commencing business, 50
form of, 262

STATUTES CITED,

29 Car. 2, c. 3, s. 4 (contract), 414

7 Geo. 4, c. 46 (banking companies), 278-285, 294

c. 64, s. 14 (indictment-banking companies), 71
3 & 4 Will. 4, c. 42 (limitation of actions on specialties), 84
5 & 6 Will. 4, c. 62, ss. 19, 21 (declaration in lieu of oath),

224

6 & 7 Will. 4, c. 106 (stannaries), 3

1 & 2 Vict. c. 96 (banking co-partnerships), 282, 284

c. 110, ss. 12, 17, 22 (applicable to stannaries), 3
s. 14 (charging shares), 293

2 & 3 Vict. c. 11, s. 7 (lis pendens), 159

c. 58 (stannaries), 3

3 & 4 Vict. c. 111 (banking co-partnerships), 283

4 Vict. c. 14 (spiritual persons not to act as directors), 444
5 Vict. c. 6, s. 4 (injunction to restrain transfer of shares), 35

7 & 8 Vict. c. 21, s. 7 (stamping proxies), 55

c. 96, ss. 57, 59, 64, 67 (applicable to stan

naries), 3

8 & 9 Vict. c. 16, ss. 128-134 (settlement of disputes by
arbitration), 186-188

c. 113, s. 1 (evidence), 216

s. 4 (punishment for forgery, &c.), 217
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STATUTES CITED-continued.

11 & 12 Vict. c. 83, s. 7 (stannaries), 3

12 & 13 Vict. c. 106, s. 125 (reputed ownership), 89

s. 128 (bankrupt's stock and shares), 86
s. 133 (what payments by bankrupts
valid), 189

13 & 14 Vict. c. 35, s. 17 (lis pendens), 160

c. 60, s. 2 (Trustee Act), 36

14 & 15 Vict. c. 99, ss. 10, 11, 12, 14, 17, 18 (evidence), 216,

217

15 & 16 Vict. c. 49 (sites for schools), 31

c. 76, s. 16 (service of writ of summons), 69
16 & 17 Vict. c. 63, s. 8 (stamp on share certificates), 242
17 & 18 Vict. c. 125, ss. 61-65 (attachment), 291

ss. 32-45 (eiror on special case), 43, 44

s. 76 (application for mandamus), 24

18 & 19 Vict. c. 32, s. 11 (interpleader suit in stannaries), 161
s. 23 (power for stannaries to adopt rules
of superior courts), 211

c. 63 (friendly societies), 383, 384

19 & 20 Vict. c. 47, ss. 61-65 (liability of shareholders on
winding-up), 82, 83

c. 81, s. 1 (stamps on proxies), 55
c. 100 (retiring directors), 444

20 & 21 Vict. c. 14, s. 13 (calls made specialty debts), 83
23 & 24 Vict. c. 58 (dissolution of insolvent societies), 384

c. 111, ss. 7, 19 (stamp on contract note), 242
24 & 25 Vict. c. 91, ss. 26, 27 (reduction of stamps on proxies),

55

c. 11 (ascertainment of law of foreign state),

454

c. 98, ss. 2, 3, 4 (forgery of transfers of shares),

207, 208

c. 134, s. 144 (proof in bankruptcy by com-

panies), 92

25 & 26 Vict. c. 42, s. 1 ̊ (Chancery to determine legal rights),

44

c. 88 (fraudulent trade marks), 29

STATUTES REPEALED,

schedule of, 276

STAYING,

of actions and suits after winding-up petition, 105, 229, 230,

234

after winding-up order, 107, 230, 234

of proceedings until security for costs given, 74

STOCK,

for winding-up, 108

See INJUNCTION.

notice to be given by company of consolidation or conversion
of capital into, 84

STOCK-continued.

effect of conversion of shares into, 35

shares converted into, may be transferred, 246

holders of, to what privileges entitled, 247

to which bankrupt is beneficially entitled may be ordered by
court to be transferred, 86

STOCKBROKER,

when not protected from giving discovery, 414
evidence of custom with, 416

SUIT,

when not maintainable to restrain acts ultra vires, 17, 20
may be stayed when winding-up order has been made, 107
after petition has been presented, 229, 234
existing, not to be affected by registration of company, 227
respecting property of unregistered companies may be instituted
by official liquidator, when, 225

by some shareholders on behalf of all, 445
parties to, 445

against provisional committee to account, 446

for relief against fraud as to shares, 447

for contribution, 448

adoption of, by official manager, 449

See INJUNCTION.

SUMMARY,

annual, to be sent to the registrar, 33
penalty for default, 34

SUMMONS,

service of, on company, 69

application for payment of calls to be by, 305
service of, upon contributories and creditors, 314
Forms of,

for intended call, 341

for persons to attend at chambers for examination, 353

SURPLUS ASSETS,

distribution of, 158

suit may be sustained for, 79

SUPERVISION OF COURT,

winding-up companies subject to, 178-180
See WINDING UP.

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TABLE (A)-continued.

not applicable to existing companies, 218

may be adopted wholly or partly by companies, 21
effect of alteration of, by board of trade, 75

TABLE (B.),

to Joint Stock Companies Act, 1856..356-369
not repealed by new act, 236

existing companies may alter, 218

TAXATION,

of costs, directions as to, 317

TERMINATION,

of winding-up, 315

TESTS,

of the solvency of companies, 80, 81
of parties being contributories, 122

TIME,

for commencement of new act, 1, 237

for rehearings of and appeals from orders, 165

for holding meetings, 247, 248

may be fixed for proof of debts, 156

when winding-up commences, 105

when it terminates, 315

when existing companies are to be considered as registered, 218
of dissolution of company, 159

THINGS IN ACTION,

assignee may sue for, 181

to be under control of official liquidator, 111

vesting order may be made respecting, in case of unregistered
companies, 235

TRADE. See BOARD OF Trade.

TRADER,

member of company not, in respect of shares, 86

TRANSFER,

of shares, how to be executed, 242, pl. (8)

form of, 244, pl. (9)

registration of, 244, pl. (10)

evidence to accompany deed of, 358, pl. (14)

of shares by personal representative to be valid, 32, 244, pl.

(12)—(16); 357, 358, pl. (10)—(14)

when to be void after voluntary winding-up, 171

after winding-up by the court, 180

mode of, not altered as to existing registered companies, 219

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