FORMS OF BONDS. Bond with Surety for good conduct of a Clerk. Know all men by these presents that we, A.B. 19-. Whereas the above-named E.F. and G.H. have agreed to take the said A.B. into their employ as clerk upon the said A.B. and the above-bound C.D. entering into a bond in the above-mentioned sum of £- with such condition as is hereunder written for the faithful service of the said A.B. as clerk. Now the condition of the above-written bond is such that if the said A.B. shall faithfully discharge his duties as clerk or if the said A.B. or C.D. or either of them or either of their heirs executors or administrators shall at all times hereafter keep indemnified the said E.F. and G.H. their executors administrators and assigns against all losses damages and expenses which they may sustain by reason of their taking the said A.B. into their employ or by reason of any act, neglect or default of or by the said A.B. while in the employ of the said E.F. and G.H. or otherwise. Then in either of the aforesaid cases the above-written bond shall be void otherwise the same shall remain in full force and virtue. Sealed and delivered in the presence of } C.D. [Seal]. A.B. [Seal]. in Bond given to keep secret a Mode of Manufacture. Know all men by these presents that we A.B. and C.D. of are bound to E.F. of the sum of £- to be paid by way of liquidated and ascertained damages to the said E.F. or to his executors administrators or assigns. which payment we bind ourselves and each of us our and each of our heirs executors and administrators jointly and severally by these presents. Sealed with our seals. Dated this For day Whereas the said E.F. has imparted to the abovebound A.B. and C.D. a certain secret to be used in the preparation of a certain medicine known as [or in the manufacture of certain articles known as - for the purpose of carrying on business in pursuance of an agreement bearing even date with the above-written bond upon the express understanding that the above-bound A.B. and C.D. should enter into the above-written bond. Now the condition of the above-written bond is such that if the above-bound A.B. and C.D. their heirs executors and administrators do well and truly keep the said secret and do not disclose the same without the consent in writing of the said E.F. or his assigns under his or their hands first had or obtained for that purpose. Then the above-written bond shall be void otherwise the same shall remain in full force and virtue. Sealed and delivered) Companies. GENERAL REMARKS. A.B. [Seal]. By the Companies Act, any company, association, or partnership formed for the purpose of carrying on any business (except banking), and consisting of more than twenty persons, must be registered under the Act-unless formed under some other Statute. Any seven or more persons may, by subscribing their names to a memorandum of association, and otherwise complying with the requisitions of the Act, form a limited company. A banking partnership must be registered in the aforesaid manner if it consists of more than ten persons. LIMITATION OF LIABILITY. The liability of the members of such companies is generally limited to the amount remaining unpaid on the shares held by them; but the memorandum of association may make a special provision as to the amount which the members may be called upon to contribute in the event of the company being wound up. In the first instance the liability is said to be limited by shares; in the second by guarantee. FORMATION OF COMPANIES. In the first place a contract for sale of the business, etc., to be formed into a company is prepared. The memorandum and articles of association are then drawn up, and the approval of the shareholders obtained; these documents are then printed and, being signed by seven shareholders, are deposited with the sale contract in the office of the Registrar-General, and the company registered. The prospectus of the proposed company should state all contracts which are to be taken over, in addition to the amount of capital and other particulars. It is essential that the prospectus should contain no inaccuracies or misrepresentations, otherwise subscribers to the share list may become entitled to repudiate their engagements. COMPANIES: HOW WOUND UP. There are three modes in which a registered company may be wound up first, under an order of the Equity Court; secondly, by the company itself, voluntarily; and, thirdly, by voluntary winding-up, continued under the supervision of the court. WINDING-UP BY THE EQUITY COURT. An order for such winding-up may be obtained in the following cases, viz., when— 1. The company in general meeting has passed a special resolution requiring the company to be wound-up by the court. 2. The company fails to commence business within a year from the date of its incorporation, or suspends its business for a whole year. 3. The company is unable to pay its debts. 4. The members are reduced in number to less than seven. 5. It appears just that the company should be wound-up. VOLUNTARY WINDING-UP BY THE COMPANY ITSELF. A company may be wound-up voluntarily when— 1. The period (if any) fixed for the duration of the same expires. 2. The company has passed a general or special resolution requiring it to be wound-up voluntarily. 3. The company has passed an extraordinary resolution to the effect that it cannot, owing to its liabilities, continue its business, and that it is advisable to wind-up the concern. VOLUNTARILY WINDING-UP UNDER SUPERVISION OF THE COURT. Although a resolution to wind-up the company voluntarily has been passed, a creditor thereof may yet petition the Equity Court to make an order that such winding-up shall continue, subject to its supervision. NOTE.-The Statute law regulating the formation, etc., of companies will be found in the "Companies Act" No. 40 of 1899, the provisions of which are elaborate and exhaustive. Compensation to Relatives. GENERAL REMARKS. It has been previously stated, in connection with actions. at law in general, that an action may under certain conditions. be maintained by or against the executors or administrators of a deceased person for an injury done to his property, or done by him to the property of another, before his decease. But with regard to injuries which were purely personal (such as libel, etc.), the maxim was that any right of action which existed died with the person. The right of recourse to the Law Courts after the death of the injured party has been extended by Statute, but the gist of the action is still the damage done in respect of property by reason of the death. By the "Compensation to Relatives" Act, any person who causes the death of another by such wrongful act, neglect, or omission as would, if death had not ensued, have entitled such other person to maintain an action and recover damages in respect of such act, etc., shall be liable to an action at suit of the deceased's executor or administrator. Such act, neglect, or omission may amount to a felony in law. PERSONS TO BE BENEFITTED BY THE ACTION. The persons to be benefitted are to be the wife, husband, parent, and child of the deceased; and the jury may award damages proportionate to the injury they consider has been caused by the death to such persons respectively. The damages recovered are (after deducting any costs not recovered from the defendant) to be divided among the above persons in such shares as the jury shall by their verdict direct. CONDITIONS RELATING TO THE ACTION. Only one action may be brought in respect of the same matter of complaint; and it must be commenced within twelve months after the date of death in the name of the deceased person's executor or administrator. The plaintiff is further required to deliver to the defendant or his attorney, with the declaration, particulars of the persons to be benefitted by the action, and of the nature of the claim. Contracts in General. DEFINITION OF CONTRACT. A "contract" is defined by Sir W. Anson as an "agrement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others." Another, but less precise definition, is, 'an agreement whereby two or more persons mutually promise, or one of them only promises to the other or others, to do or not to do some particular act." Every contract is the result of an offer combined with the unconditional acceptance of that offer; a contract must be under seal (i.e., made by deed), in two cases-according to the general law-viz., first, where there is no consideration given by the one for the acceptance of the other; secondly (with the exceptions hereafter mentioned), a corporation can only be bound by contracts under the corporate seal. CONTRACTS CLASSIFIED. Contracts may be divided into three classes, viz., contracts of record, contracts under seal, and simple contracts. ances. 1. Contracts of record include judgments and recognizThe former lay an obligation on an unsuccessful party to an action to pay his opponent a sum of money; the latter consist in undertakings to keep the peace, or appear for trial at a Criminal Court. 2. Deeds are contracts in writing, or printed, or partly written and partly printed, and which are signed, sealed, and delivered by the parties. No consideration is essential to the validity of a deed. 3. Simple contracts are those made by word of mouth, or by a written instrument not under seal, or which may be implied from the conduct or acts of ersons. Certain simple contracts must be in writing, e.g., promissory notes, assignments of copyright, acknowledgments of debts |