314

SECRETARIAL PRACTICE
be enforced by application for the appointment of a Judicial
Factor. Again, that is a provision peculiarly applicable to
companies incorporated under these special Acts and not to
ordinary limited liability companies.
Other Points A few other points as to companies registered in Scotland
Sadler 1920 may be noticed. By ss. 3 and g of the 1929 Act, it is expressly
ct. provided that the attestation of the signatures to the memor-
andum and articles is sufficient in Scotland, as well as in
England, if made by one witness.

S. 29 (4) of the Act provides that any deed to which a
company is a party shall be held to be validly executed in
Scotland on behalf of the company if it is executed in terms
of the provisions of the Act or is sealed with the common seal
of the company and subscribed on behalf of the company
by two of the directors and the secretary of the company, and
such subscription on behalf of the company shall be equally
binding whether attested or not. This section incorporates
s. 56 of the Conveyancing (Scotland) Act, 1874. It is cus-
tomary for the signatures of the directors and secretary to be
attested by witnesses.

S. 370 of the Act provides that where a company registered
in Scotland carries on business in England, the process of any
court in England may be served on the company by leaving
it at or sending it by post to the principal place of business
of the company in England addressed to the manager or
other head officer in England of the company. The person
issuing out the process must also send a copy thereof by post
to the registered office of the company.