In the construction of this Act the following words and expressions shall have the meanings in this Section assigned to them, unless there be something in the subject or context repugnant to such construction:—
Firm" shall mean an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit, but shall not include any unincorporated company which was in existence on the second day of November eighteen hundred and sixty-two:
Business" shall include profession:
Individual" shall mean a natural person and shall not include a corporation:
True surname" and "true Christian name" shall mean respectively the surname and Christian name under which an individual is for the time being known, not including a surname adopted or assumed for business purposes: Provided that if an individual has changed or hereafter changes his surname or Christian name (except in the case of a woman in consequence of her marriage), the changed name shall not be deemed to be his true surname or Christian name, and "Christian name" includes any forename:
Business name" shall mean the name or style under which any business is carried on, whether in partnership or otherwise:
Foreign firm" shall mean any firm, individual, or corporation whose principal place of business is situate outside His Majesty's Dominions:
Prescribed" shall mean prescribed by rules made in pursuance of this Act.
§ Sir G. CAVE
I beg to move to leave out the words "'True surname' and 'true Christian name' shall mean respectively the surname and Christian name under which an individual is for the time being known, not including a surname adopted or assumed for business purposes: Provided that if an individual has changed or hereafter changes his surname or Christian name (except in the case of a woman in consequence of her marriage), the changed name shall not be deemed to be his true surname or Christian name, and 'Christian.'"
My hon. and learned Friend (Mr. Butcher) asked me to move this. It is consequential on an Amendment we accepted to Clause 1.
§ Amendment agreed to.
§ Mr. CURRIE
I beg to move, after the words "Christian name"["Christian name under which an individual is for the time being known"], to insert the words "and other name."
I wish to guard against a defence that may be set up by, say, a Chinaman, a Mahomedan, or a Japanese that he has no Christian name. There was a case in Edinburgh of a man who went by the name of Maru, or Mazu—I do not know which. That is not a Christian name. I believe it was not a business name.
§ Mr. PRETYMAN
My hon. Friend will see from the Bill that "Christian name" includes "any fore-name."
§ Mr. CURRIE
But I do not know whether this was a fore-name, and you cannot find out whether it is a fore-name or a surname. All you know is that it is a name, and I wish to protect you against that risk. I had my attention called to this by the solicitor who had the case in hand.
§ The DEPUTY - CHAIRMAN (Mr. Maclean)
This Amendment is ruled out by the last one, which the Committee has passed.
§ Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."1527
Before the Clause is agreed to I should like to know whether the definition of "foreign firm" under this Clause includes a limited liability company that may have its principal business outside the country. Is not that a distinction against foreign firms which does not apply to any home firms?
§ Sir G. CAVE
It refers to a firm, individual, or corporation whose principal place of business is outside His Majesty's Dominions, therefore it would include a limited company.
§ Sir A. WILLIAMSON
Take the case of two or three people banding themselves together to keep, say, a lodging house without any written deed. Is that a firm? You may have a partnership at will as well as a written partnership, and if two or three women join to keep a boarding house it is a firm under this Bill, or two or three people joining to keep a greengrocers' shop.
§ Question put, and agreed to.