A Treatise on the Law of Partnership and Joint-stock Companies, According to the Law of Scotland: Including Private Copartneries, Common Law Companies, Registered Companies, Chartered Companies, Railway Companies, and Others, Formed Under the Consolidation Acts, Volume 2T. & T. Clark; (etc., etc.), 1866 - Partnership |
From inside the book
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Page 615
... continue to be dealt with by the equitable tribunals . But whether the legal and the equitable jurisdictions be entrusted to the same or to different courts , a broad distinction must always be drawn between the principles of pleading ...
... continue to be dealt with by the equitable tribunals . But whether the legal and the equitable jurisdictions be entrusted to the same or to different courts , a broad distinction must always be drawn between the principles of pleading ...
Page 617
... continues to be regarded in Scotland . However well a record may be framed , it is always a matter of more or less nicety to extract from it all the questions of fact which are pertinent to the cause , and to cast them into the distinct ...
... continues to be regarded in Scotland . However well a record may be framed , it is always a matter of more or less nicety to extract from it all the questions of fact which are pertinent to the cause , and to cast them into the distinct ...
Page 632
... continue to form a portion of their separate estate . Thus we have seen calls on shares may be arrested . But , on the other hand , inasmuch as a company is merely a quasi and artificial person , and therefore cannot possess , except ...
... continue to form a portion of their separate estate . Thus we have seen calls on shares may be arrested . But , on the other hand , inasmuch as a company is merely a quasi and artificial person , and therefore cannot possess , except ...
Page 645
... continue to attach the moveables on the property , by whomsoever it is held for the company . INHIBITION . Inhibition is the diligence whereby a debtor is restrained from Nature of . alienating any part of his real estate , and from ...
... continue to attach the moveables on the property , by whomsoever it is held for the company . INHIBITION . Inhibition is the diligence whereby a debtor is restrained from Nature of . alienating any part of his real estate , and from ...
Page 652
... continue unabated after dissolution : in the latter it has been a nullity from the beginning ; and whatever effects its apparent exist- ence may have brought about , these are to be attributed not to the partnership relation , but to ...
... continue unabated after dissolution : in the latter it has been a nullity from the beginning ; and whatever effects its apparent exist- ence may have brought about , these are to be attributed not to the partnership relation , but to ...
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A Treatise on the Law of Partnership and Joint-Stock Companies, According to ... Francis William Clark No preview available - 2015 |
Common terms and phrases
Act of Parliament aforesaid amalgamated amount application appointed arbitration authorized bankrupt bill Board of Trade canal or navigation capital carriage certificate charge claim Commissioners common seal company or body compensation consent contract contributories conveyance Court Court of Chancery Court of Session creditors debts deemed deposited diligence directors dissolution dissolved duties enacted entitled exceeding execution expenses hereby hereinafter incorporated interest lands lawful letters patent liable liquidators Lord Ordinary Lords Lords Spiritual Majesty Majesty's Treasury manner meeting memorandum of association ment notice officer owner paid pany partnership party passed passengers payable payment penalty person poinding Postmaster-General pounds powers prescribed proceedings promoters proprietors provisions purchase purpose pursuer railway company registered regulations respect road Scotland sequestration session shareholders shares Sheriff or Justices special Act therein thereof thereto therewith think fit tion transfer trustee undertaking United Kingdom Vict warrant winding
Popular passages
Page 921 - ... shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls), whereby an action hath accrued to the company by virtue of t.hia and the special Act.
Page 1046 - ... a body corporate by the name contained in the memorandum, capable forthwith of exercising all the functions of an incorporated company, and having perpetual succession and a common seal...
Page 1047 - ... a statement of the shares held by each member, distinguishing each share by its number ; and of the amount paid or agreed to be considered as paid on the shares of each member : (2.) The date at which the name of any person was entered in the register as a member : (3.) The date at which any person ceased to be a member...
Page 1151 - Les hautes parties contractantes déclarent reconnaître mutuellement à toutes les compagnies et autres associations commerciales, industrielles ou financières, constituées et autorisées suivant les lois particulières à l'un des deux pays, la faculté d'exercer tous leurs droits, et d'ester en justice devant les tribunaux, soit pour intenter une action, soit pour y défendre, dans toute l'étendue des Etats et possessions de l'autre Puissance, sans autre condition que de se conformer aux lois...
Page 1086 - Act, and to such regulations, being not inconsistent with the aforesaid regulations or provisions, as may be prescribed by the company in general meeting ; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been made.
Page 1089 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business; and, if served by post shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post...
Page 1061 - Company ; and if any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the Court at the time appointed, having no lawful impediment (made known to the Court at the time of its sitting and allowed by it) the Court may cause such person to be apprehended and brought before the Court for examination...
Page 1058 - To carry on the business of the company, so far as may be necessary for the beneficial winding up of the same.
Page 973 - Subject to the provisions and restrictions in this and the special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, hereinafter mentioned, to execute any of the following works...
Page 931 - All acts done by any meeting of the directors, or of a committee of directors, or by any person acting as a director, shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such...