Companies Clauses Consolidation Act 1845

Interpretations in this Act E+W+N.I.

2 “the special Act.” “prescribed.” “the undertaking.” E+W+N.I.

And with respect to the construction of this Act, and of other Acts to be incorporated therewith, be it enacted as follows:

The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed incorporating a joint stock company for the purpose of carrying on any undertaking, and with which this Act shall be so incorporated as aforesaid; and the word “prescribed” used in this Act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act; and the sentence in which such word shall occur shall be construed as if instead of the word “prescribed” the expression “prescribed for that purpose in the special Act” had been used; and the expression “theundertaking”shall mean the undertaking or works, of whatever nature, which shall by the special Act be authorized to be executed.

3 Interpretations in this and the special Act: Number: Gender: “Lands:” “Lease:” “Month:” “Superior courts:” “Justice:” “Two justices:” “The company:” “Shareholder:” “Secretary.” E+W+N.I.

The following words and expressions both in this and the special Act shall have the several meanings hereby assigned to them, unless there be something in the subject or the context repugnant to such construction; (that is to say,)

• Words importing the singular number only shall include the plural number; and words importing the plural number only shall include the singular number:

• Words importing the masculine gender only shall include females:

• The word “lands” shall extend to messuages, lands, tenements, and hereditaments, of any tenure:

• The word “lease” shall include an agreement for a lease:

• The word “month” shall mean calendar month:

• The expression “superior courts” shall mean her Majesty’s superior courts of record at [F1 the Royal Courts of Justice] or [F2 Belfast], as the case may require:

• F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5 The word “justice” shall mean justice of the peace [F6 acting for the F7 . . . place where the matter requiring the cognizance of any such justice shall arise, and] who shall not be interested in the matter; and where any matter shall be authorized or required to be done by two justices the expression “two justices” shall be understood to mean two justices assembled and acting together in petty sessions:]

• The expression “the company” shall mean the company constituted by the special Act:

• The expression “the directors” shall mean the directors of the company, and shall include all persons having the direction of the undertaking, whether under the name of directors, managers, committee of management, or under any other name:

• The word “shareholder” shall mean shareholder, proprietor, or member of the company; and in referring to any such shareholder, expressions properly applicable to a person shall be held to apply to a corporation: And

• The expression “secretary” shall mean the secretary of the company, and shall include the word “clerk.”

Textual Amendments

F1 Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)

F2 Word substituted by virtue of S.R. & O. 1921/1804 (Rev. XVI, p. 967: 1921, p. 422), art. 7(b)

F3 Definition repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VIII

F4 S. 3 definition of "county" repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. I; definition of "county" wholly repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 1

F5 Words in s. 3 repealed (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 15, Sch. 10; S.I. 2005/910, art. 3(y)

F6 Words in s. 3 repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 8(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F7 Words in s. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1

4 Short title of the Act. E+W+N.I.

In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression “The Companies Clauses Consolidation Act 1845.”

F8 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+N.I.

Textual Amendments

F8 S. 5 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1