« EelmineJätka »
In the registration of these Companies the same requisitions are necessary as on a registration of a Joint Stock Company as an unlimited Company, or as a Company limited by guarantee, not having a capital divided into shares, except that in the place of the list of members there is to be delivered a list of the directors or other
managers, if any, of the Company (sect. 184; see as to fees on registration, sect. 189).
Banking Companies of more than ten persons are now formed and are to be registered under the Joint Stock Companies Act, 1862. Such Banking Companies as were formed under the 7 Geo. 4, c. 46, may still carry on business under such Act. (See also 3 & 4 Wm. 4, c. 83, and 3 & 4 Wm. 4, c. 98.)
Benefit Building Societies are established under 6 & 7 Wm. 4, c. 32.
Friendly Societies are formed under 18 & 19 Vict. c. 63, 21 & 22 Vict. c. 101, and 23 & 24 Vict. c. 58. They are wound up under 17 & 18 Vict. c. 56, Discharge Act.
Industrial and Provident Societies are established under 25 & 26 Vict. c. 87. See sect. 3, and thence also the Friendly Societies Acts.
Loan Societies are formed under 3 & 4 Vict. c. 110, 26 & 27 Vict. c. 56.
Mining Companies are established on the Cost Book
principle, or may be registered under the Act of 1862. In common with others they may be established by royal charter or letters patent.
Railways incorporated by Act of Parliament are wound up under the Railway Abandonment Act, 13 & 14 Vict. c. 83, and by the Court of Chancery, when a warrant is granted for the abandonment of the whole railway (sect. 31).
Scholastic, literary and scientific institutes are formed under 17 & 18 Vict. c. 112 (see also 6 & 7 Vict. c. 36).
Page 18.-Bankrupt shareholders. The Author believes that the petition by a bankrupt shareholder was in one case allowed under special circumstances, but finds that the case is not reported. Prima facie a bankrupt cannot petition.
Page 26, line 11.-It is stated that this affidavit is not required. The Author submits that without it in a country case there might not be evidence that the papers in which the advertisements are inserted are those required by Rule 2. For this reason, and as having seen it used in practice, he has thought it better to retain the text and the form at page 223.
Page 109, line 11 from bottom, and page 120, 1st line. See opinion expressed in The Hatfield Cash Company (11 W. R. 971). That however was a case under the Act of 1856.
CASES REPORTED WHILST AT PRESS.
Page 19, 2nd line.-See Appeal, Bowes v. Hope Mutual Life Assurance &c. Society (13 W. R. 790). Page 19, 4th line.-But see Constantinople Hotels Company (13 W. R. 851).
Page 111, 9th line.-See Fountain's Case (13 W. R. 667).
Page xii.-Contributory, past holder liable. Belhaven's Case, reversed on appeal (13 W. R. 849).
Contributory, party indemnifying holder not liable, add Buggs' Case, decided 24th June, 1865.
Page 22, line 12 from bottom, for "in one or" read "once in." 98, line 12 from bottom, after "advertised" read "if so directed."
114, line 5 from top, for " of the insertion of" read "the papers containing.'
215, lines 8 and 16 from top, for "Company's" read “Companies."
364, between sects. 198 and 199, add "PART VIII."
Page 49 line 8, from top, after "attend," read "at the expense of the estate."
149, line 7 from top, for "Company," read "contributories."
112, line 12 from top, and page 181, line 14. It is doubtful whether this proposition is not put too broadly. Compare ss. 38 and 101. At present the question what set off can be allowed in the case of a limited Company, and, if any, when and how, is unsettled.
403. The first part of Rule 56 has been accidentally omitted.
"56. The 48th, 49th, 50th, 51st, 52nd and 55th Rules of the 35th of the Consolidated Orders shall apply to all certificates of the Chief Clerk, in the matter of the winding up of any Company; nevertheless," &c.
ously wound up in the High Court of Chancery, in
* The expressions "the Act" and "the Act of 1862," throughout this work, mean The Joint Stock Companies Act, 1862, and the expression "rule," unless otherwise specified, means one of the rules under the General Order of 11th November, 1862.