Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 59

Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 59

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...of the Act. They are used in this particular section with reference to companies legally carrying on the business of banking previously to the passing of this Act, without any express reference to the business being carried on at the time of the registration. They are used in the 12th section with reference to companies to be formed hereafter; they are used in the 4th section with reference to companies formed under the Acts which are there referred to, of the 8th Vict. and of the 10th Vict. Now suppose that one of the companies referred to in that 4th section--a company formed under the 8th or 10th Vict.---had stopped payment after the passing of the Act, but before the 1st of January, 1858 (the day on or before which companies falling within that section were required to be registered), it could not, I think, have been held that that company was not bound to register, notwithstanding the stoppage, because the enactment is express that all companies formed under either of those Acts shall register on before the 1st January, 1858. But the company could not be so bound unless it was a banking company within the meaning of the Act, although it had ceased to carry on business. We have here, therefore, a case in which a company having ceased to carry on the business of banking would, nevertheless, be included in the term "banking company; " and I do not see my way to put a diflerent or a less extended construction upon the words " banking company " in the 6th section than that which, in my judgment, they necessarily bear in the 4th section. Taking, therefore, this case ' upon 374 the language of the Act, so far as respects " banking com panies," I think that at the time of this registration this...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236897935
  • 9781236897930