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SECRETARIAL PRACTICE
Companies As long ago as 1845 the Companies Clauses Consolidation

Clauses Act, Act (8 & 9 Vict. c. 16) was passed, the object of which is well

1845. expressed in its preamble (repealed by the Statute Law
Revision Act, 1891): ‘Whereas it is expedient to comprise in
one General Act sundry provisions relating to the constitu-
tion and management of Joint Stock Companies, usually
introduced into Acts of Parliament authorising the execution
of undertakings of a public nature by such companies, and
that as well for the purpose of avoiding the necessity of repeat-
ing such provisions in each of the several Acts relating to
such undertakings as for securing greater uniformity in the
provisions themselves.’

The full title of the Act is, ‘An Act for consolidating in one
Act certain Provisions usually inserted in Acts with respect
to the Constitution of Companies incorporated for carrying
on Undertakings of a Public Nature.” It has been added to
in subsequent years, the principal addition being the Com-
panies Clauses Act, 1863 (26 & 27 Vict. c. 118), but no sub-
stantial amendment has taken place in the original great
piece of legislation relating to statutory companies. The Act
of 1845 and Part III of the Act of 1863 apply to all statutory
companies except so far as modified by the special Act. The
remainder of the Act of 1863 only applies in so far as incor-
porated by the special Act.

(See also the Companies Clauses Act 1869, and the Com-
panies Clauses Consolidation Acts, of 1888 and 1889.)

The advantages of these Acts, which are always incorpor-
ated in special Acts, occasionally with slight alterations,
additions or omissions, are obvious. They secure practical
uniformity in the internal management of statutory companies.
The enormous differences in matters of detailed management,
which constantly appear when the articles of association
of companies incorporated under the Companies Acts
are compared, are thus almost entirely eliminated. One
important result of this uniformity is the diminution of
litigation.

Applications for special Acts, whether in the case of new
companies, or in the case of existing companies seeking
extended powers, involve many formalities. Besides the
preliminary advertisements in the London Gazette and local
newspapers, the deposit of the Bill in Parliament, the appear-
ance by counsel with witnesses before Committees of both
Houses of Parliament, to meet and deal with the opposition
of local authorities and other more or less interested persons
or bodies, there are numerous other matters to be dealt with.
In the case of applications by existing companies as well as