HC Deb 04 May 1885 vol 297 c1490

asked the President of the Board of Trade, If his attention has been called to the judgment of Mr. Justice Chitty on April 16th last, in re the Railway Sleeper Supply Company (Limited), reported in The Times, relative to the construction of the 51st section of the Companies Act, 1862; if he is aware that great inconvenience may arise in many cases, if special resolutions passed, previous to Mr. Justice Chitty's decision, should in any instance be declared invalid, when too late to remedy any alleged defect therein; and, if he will consider the necessity of introducing a short Bill to provide that the fourteen days referred to in that section shall not be computed so as to exclude the days of holding the two requisite meetings, necessary for the Company to pass a special resolution?


I have seen a report of the judgment of Mr. Justice Chitty to which the hon. Member refers, and I am informed by the Registrar of Joint Stock Companies that this judgment is in accordance with a decision given on the same point by Vice Chancellor Bacon as far back as August, 1882. I am also informed that these decisions are in accordance with the view which has always prevailed at the Registry of Joint Stock Companies; and, under the circumstances, I do not propose to initiate any legislation on the subject.