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, Band 1

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T. & T. Clark; (etc., etc.), 1866
 

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Inhalt

Booth
426
In what Cases Compensation may be claimed XV Byelaws
433
Lands subject to Leases
477
and 10 Vict c 57 An Act for regulating the Gauge of Railways 1007
483
Land Tax Poorrates and Prison Assessment
485
479
498
General Provisions as to Railway Traffic
500
Blundell
501
and 4 Vict c 97 An Act for regulating Railways 885
507
BOOK IV
519
CHAP I Preliminary II Powers of Partners etc to bind the Company in Judicial Proceedings Suing and Defending
524
Power to refer to Arbitration and to compromise
527
Reference to Oath
529
Lancaster and Preston Ra Co 458 Ritchie and MCormick v Fraser 556 558
531
Admissions
532
Power to take payment of Debts due to the Firm and herein of granting Leases so as to bind the Firm
533
Notice
536
How Partnerships and Common Law Companies Sue and are Sued Appearance in the descriptive Name with Joinder of Partners
539
Appearance in the social Name
541
Appearance by Officials
543
366
546
Appearance in name of all the Partners or Members
550
489
551
374
554
Foreign Companies
555
Jurisdiction
557
494
559
Statutory Tribunals
561
Declinature of Judge
564
Citation or serving of Process Sec 1 Firms and Common Law Companies
566
Corporations
568
Particular Actions and Forms of Procedure Interdict
571
In Private Partnerships In Public Companies
572
Langhorn
576
Nicholson
578
Interdict in Questions between Public Companies and Strangers
579
Judicial Factor
583
Criminal and quasi Criminal Procedure Statutory Penalties X Arbitration Private Firms and Common Law Companies Statutory Arbitration XI Eviden...
589
Rennie
590
609
602

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Seite 55 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner, is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim.
Seite 321 - ... notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the purpose of ascertaining the names of the shareholders, and the amount of capital remaining to be paid upon their respective shares, it shall be lawful for any person entitled to any such execution, at all reasonable times, to inspect the register of shareholders without fee.
Seite 86 - No company, association, or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking...
Seite 92 - ... shall be deemed to be a company having a permanent paid-up or nominal capital of fixed amount, divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in one way and partly in the other, and formed on the principle of having for its members the holders of shares in such capital, or the holders of such stock, and no other persons...
Seite 55 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Seite 103 - Every person who shall have subscribed the prescribed sum or upwards to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company.
Seite 568 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post...
Seite 321 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the company not then paid up...
Seite xxii - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
Seite 194 - ... accounts, and converting all the property, means and assets of the partnership existing at the time of the dissolution as beneficially as may be for the benefit of all who were partners, according to their respective shares and interests ; and the other partners cannot say to him, tc whom they have given an offer of his deposit and interest...

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