« ElőzőTovább »
subscribed capital upon the security of their property, but not to borrow in any other case. The dwellings ($ 10), with the gardens, if any, must be divided into such parcels as may be held in distinct occupations, all such parcels to be numbered; and the interest of lessees to be deemed shares held in a capital consisting of the dwelling-houses of the company. The company ($ 11) have power to purchase the interest of lessees, and to hold the premises as if no lease had been made. If any funds of the company are advanced by way of loan, or for any purpose other than that for which the company was established, every director (§ 12) is declared liable, at the suit of any shareholder or other person, in addition to replacing the fund, to a penalty of not more than the sum advanced nor less than one-half, to be paid for his own use to the person suing. If any dwelling (§ 13) is insufficiently drained or ventilated, badly supplied with water, or in bad repair, the General Board of Health are to serve a notice on the company, and if not rectified within a reasonable time, a penalty not exceeding 5l. per day is inflicted; and the justice by whom the penalty is adjudged may order the whole or any part to be laid out on the necessary works; or the General Board may do the works, and recover the expenses by process at law; but a power of appeal is allowed. The obstructing of the inspector of the General Board of Health subjects the offender to a penalty for each offence not exceeding 51. The Land Clauses Consolidation Act (SS 5 and 15) is to apply to this; penalties (§ 16) are to be recovered under the 11 and 12 Vict., cap. 43; and ($ 17) the Act does not extend to Scotland.
LIMITED LIABILITY. [18 and 19 Victoriæ, cap. 133.- August 14, 1855.] An Act for limiting the Liability of Members of certain Joint Stock
Companies. By § 1 any joint stock company to be formed under the 8 Vict., cap. 110 (other than an assurance company), with a capital to be divided into shares of a nominal value not less than 101. each, may obtain a certificate of complete registration with limited liability upon complying with the conditions following, in addition to doing all other matters and things now required in order to obtain a certificate of complete registration; that is to say
"1. The promoters shall state on their returns to the office for provisional registration that such company is proposed to be formed with limited liability.
“ 2. The word · Limited' shall be the last word of the name of the company:
“3. The deed of settlement shall contain a statement to the effect that the company is formed with limited liability.
“ 4. The deed of settleinent shall be executed by shareholders, not less than 25 in number, holding shares to the amount in the aggregate of at least three-fourths of the nominal capital of the company, and there shall have been paid up by each of such shareholders on account of his shares not less than 201. per cent.
“5. The payment of the above per-centage shall be acknowledged in or endorsed on the deed of settlement, and the fact of the same having been bonâ fide so paid shall be verified by a declaration of the promoters, or any two of them, made in pursuance of the Act 6 Wm. IV., cap. 62.”
Any joint stock company ($ 2) now or hereafter registered, under
the 8 Wm. IV., cap. 43, or constituted under private Acts of Parliament ($ 3), may, with the consent of not less than three-fourths of its shareholders, on satisfying the registrars of its perfect solvency, and complying with the other regulations, obtain a certificate of limited liability. Every company so certified ($ 4) is to have its name legibly displayed at its place of business, and upon all bills of exchange, cheques, bills of parcels, &c.; and non-compliance ($ 5) subjects the company to a penalty not exceeding 5l. per day for not having the name on its premises, and of 501., in addition to personal liability, ou every person issuing a bill of exchange, cheque, bill of parcels, &c. without such name. Every increase in the amount of capital must be notified to the registrar ($ 6); and no increase will be registered unless it be proved to the registrar that a deed has been executed by shartholders of not less than 101. each to the amount of three-fourths of the increased capital, and that not less than 20 per cent. of such increased capital has been paid up; and if any such increase be advertised or otherwise treated as part of capital before such registration, every director will incur a penalty of 501. The members of a duly certificated company ($ 7) are freed from any personal liability beyond what is afterwards provided. In case of execution or other process against the property of a company (§ 8), if it be not found sufficient, the process may be issued against any shareholders to the extent of the portions of their shares not then paid up; but no process to issue against any shareholder except by an order of the Court, or of a judge of the Court, in which the action may have been brought. If the directors shall declare a dividend (§ 9) when the company is known to be insolvent, each director consenting thereto shall be jointly and severally liable, but not beyond the amount of the dividend so made; if any director be absent, or file an objection in writing with the clerk, he is to be exempt from liability. Notes or obligations of shareholders ($ 10) are not to be received in payment of calls, and no loans are to be made to them; and any officer receiving or making such, and the directors, are declared jointly and severally liable for all such sums, with interest, as may be deficient. The rights of creditors of existing companies ($ 11) are continued. The change of name of a company, under the regulations of this Act ($ 12), is not to affect the rights of such company or of other parties. When a company, acting under a certificate of limited liability (§ 13), has lost three-fourths of its subscribed capital, the trading is forthwith to cease, and the directors are to take proper steps for disšolving the company. Auditors ($ 15) are to be appointed for such companies, subject to the approval of the Board of Trade. Every pecuniary penalty ($ 16) to be deemed a debt to the Crown, and recoverable accordingly. The Act does not apply to Scotland.
MEMORANDUM. [The following List contains the Titles of the Public Acts of the
Session not included in the foregoing Abstracts.] 1. To enable her Majesty to accept the services of the Militia out of the United Kingdom, for the vigorous prosecution of the war.
4. To amend the Act for limiting the time of service in the Army.
5. To apply the sum of 3,300,0001. out of the Consolidated Fund to the service of the year ending March 31, 1855.
6. To apply the sum of 20,000,000l. out of the Consolidated Fund to the service of the year 1855.
7. To extend to Ireland the provisions of the 18th section of the Common Law Procedure Act, 1854.
8. For raising the sum of 17,183,000l. by Exchequer Bills for the service of the year 1855.
10. To enable a third Principal Secretary and a third Under Secretary of State to sit in the House of Commons.
11. For punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters.
12. For the regulation of her Majesty's Royal Marine Forces while on shore.
13. To explain and amend the Lunacy Regulation Act, 1853.
15. For the better protection of Purchasers against Judgments, Crown Debts, Cases of Lis pendens, and Life Annuities or Rent-charges.
16. To authorise the letting parts of the Royal Forests of Dean and Woolmer, and certain other parts of the hereditary possessions of the Crown.
17. To carry into effect a convention between her Majesty and the King of Sardinia.
18. For raising the sum of 15,000,000l. by way of Annuities.
19. To remove doubts as to the Commissions of Officers of Militia in Ireland who have omitted to deliver unto the Clerk of the Peace descriptions of their qualifications, and to indemnify them against the consequences of such omission, and to amend the Law relating to the Militia in Ireland.
23. To alter in certain respects the Law of Intestate Moveable Succession in Scotland.
25. To allow Affirmations or Declarations to be made instead of Oaths in certain cases in Scotland.
26. To continue an Act of 13 and 14 Vict., for enabling the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading.
28. To provide that the Property or Income Tax payable in respect of the income from Ecclesiastical Property in Ireland shall be a deduction in estimating the value of such property for the purpose of taxation by the Ecclesiastical Commissioners.
29. To make further provision for the Registration of Births, Deaths, and Marriages in Scotland.
30. To empower the Commissioners of Sewers to expend on House Drainage a certain sum out of the moneys borrowed by them on security of the rates, and also to give to the said Commissioners certain other powers for the same purpose.
31. To confirm the Incorporation of the Borough of Brighton. 32. To amend and extend the Jurisdiction of the Stannary Court.
33. To prevent doubts as to the validity of certain proceedings in the House of Commons.
35. To continue the Act for extending for a limited time the provision for Abatement of Income Tax in respect of Insurance on Lives.
36. To repeal the Stamp Duties payable on Matriculation and Degrees in the University of Oxford.
37. To apply the sum of 10,000,0001, out of the Consolidated Fund to the service of the year 1855.
38. To allow Spirit of Wine to be used Duty-free in the Arts and Manufactures of the United Kingdom.
39. To facilitate Grants of Lands and Tenements for the purpose of Religious Worship and other purposes connected therewith.
40. For further promoting the establishment of free Public Libraries and Museums in Ireland. 41. For abolishing the jurisdiction of the Ecclesiastical Courts of England and Wales in suits for defamation.
42. To enable British Diplomatic and Consular Agents abroad to administer Oaths and do Notarial Acts.
43. To enable Infants, with the approbation of the Court of Chancery, to make binding Settlements of their Real and Personal Estate on Marriage.
45. For further assimilating the practice in the County Palatine of Lancaster to that of other counties with respect to the Trial of Issues from the Superior Courts at Westminster.
46. For disafforesting the Forest of Woolmer. 47. To continue an Act of the 18 Vict., for charging the Maintenance of certain Poor Persons in Unions in England and Wales upon the Common Fund.
48. For the better administration of justice in the Cinque Ports.
49. To indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and to ex• tend the time limited for those purposes respectively.
50. To amend the provisions of the Court of Exchequer (Ireland) Act, 1850.
51. To continue the exemption of Inhabitants from liabi to be rated as such in respect of Stock in Trade or other property to the Relief of the Poor.
52. To continue appointments under the Act for consolidating the Copyhold and Inclosure Commissions, and for completing proceedings under the Tithe Commutation Acts.
56. To repeal the Acts of Parliament now in force respecting the disposal of the Waste Lands of the Crown in her Majesty's Australian Colonies, and to make other provision in lieu thereof.
57. Further to amend the laws relating to the Militia in England.
58. To better enable the Chancellor aud Council of the Duchy of Lancaster to sell and purchase Land on behalf of her Majesty, her heirs and successors, in right of the said Duchy of Lancaster.
59. To facilitate Inquiries of Commissioners of Endowed Schools in Ireland.
60. For excepting Gold Wedding Rings from the operation of the Act of the last session relating to the Standard of Gold and Silver Wares, and from the exemptions contained in other Acts relating to Gold Wares.
62. To amend an Act of the 18 Vict., to amend the Laws for the better Prevention of the Sale of Spirits by Unlicensed Persons, and for the suppression of Illicit Distillation in Ireland.
64. To settle Annuities on Emily Harriet Lady Raglan and Richard Henry Fitzroy Lord Raglan, and the next surviving heir male of his body.
65. To amend the Dublin Carriage Acts.
66. To render valid certain Marriages in Christ Church, in the chapelry of Todmorden, and parish of Rochdale, in the counties of Lancaster and York.
69. To discontinue the taking of Toll on the Turnpike Roads leading from the City of Dublin, and on the Turnpike Road from Kinnegad to Athlone, and to provide for the maintenance of such roads as public roads, and for the discharge of the debts due thereon, and other purposes.
71. To authorise the Commissioners of the Treasury to make ar
rangements concerning certain Loans advanced by way of relief to the Islands of Antigua, Nevis, and Montserrat.
72. For legalizing and preserving the restored Standards of Weights and Measures.
73. To extend the period for applying for a Sale under the Acts for facilitating the Sale and Transfer of Incumbered Estates in Ireland.
74. To enable Grand Juries of Counties in Ireland to present for payment of expenses in certain cases.
75. To continue certain temporary provisions concerning Ecclesiastical Jurisdiction in England.
76. To continue an Act of the 5 and 6 Vict., for amending the Law relative to Private Lunatic Asylums in Ireland.
77. To give effect to a Convention between her Majesty and the United States of America.
80. To ratify conditional Agreements entered into by the Commissioners of her Majesty's Works and Public Buildings; and to vest in the said Commissioners certain property situate near the College of Edinburgh, in the City of Edinburgh, together with the General Register House in the said city, and all lands held therewith; and to enable the said Commissioners to acquire certain property near the Palace of Holyrood,
81. To amend the law concerning the certifying and registering of Places of Religious Worship in England.
82. To abolish certain payments charged on the Consolidated Fund in favour of the Provost and Fellows of Trinity College, Dublin, and of certain Professors in the said College; and to repeal the Stamp Duties payable on Matriculations and Degrees in the University of Dublin.
83. To continue certain Acts for regulating Turnpike Roads in Ireland.
85. For carrying into effect the engagements between her Majesty and certain Chiefs of the Sherbro Country, near Sierra Leone, in Africa, for the more effectual suppression of the Slave Trade.
89. To amend the provisions of the Huddersfield Burial Ground Act, 1852.
91. To facilitate the erection and maintenance of Colonial Lighthouses, and otherwise to amend the Merchant Shipping Act, 1854.
92. For appropriating the corps of the prebend or portion of Netherhall Ledbury, in the diocese and county of Hereford, and for constituting the living of Ledbury a rectory with cure of souls, and for augmenting the endowments thereof.
93. To amend certain Acts relating to the Court of Judicature of Prince of Wales Island, Singapore, and Malacca, and to the Supreme Courts of Judicature in India.
95. To enable the Commissioners of her Majesty's Works and Public Buildings to provide additional offices for the public service in or near Downing-street, Westminster.
98. To continue certain Turnpike Acts in Great Britain.
99. To enable her Majesty to carry into effect a Convention made between her Majesty, his Majesty the Emperor of the French, and his Imperial Majesty the Sultan.
100. To amend the law concerning the qualification of Officers of the Militia.
102. To confirm certain provisional orders made under an Act of the 15 Vict., to facilitate arrangements for the Relief of Turnpike Trusts.
103. To amend an Act of the last session of Parliament relating to the Sale of Spirits by Unlicensed Persons and Illicit Distillation in Ireland ; and also to repeal so much of an Act of the 3 and 4 Wm. IV, as