A.D. 1776
1850,
Under the
uence
of mew
conditions
facilities
were given
for the
formation
of joint
stock
~ompanies
316 LAISSEZ FAIRE
introduction of improved facilities for traffic has tended to
Jepress the landed interest relatively to the merchant and
manufacturer.
274. The development of the means of transport during
the first half of the nineteenth century was accompanied
by considerable changes in business organisation. The new
undertakings, which were called for in order to carry on the
trade of the country, were on such a scale that they offered
a field for associated rather than private enterprise. This
form of trading had been greatly discredited’, since the era
of speculation, when the South Sea Scheme had been floated.
In 1719 the Bubble Act was passed®, which prohibited the
formation of companies with transferable shares, unless they
obtained incorporation by charter from the Crown or by Act of
Parliament. Unincorporated companies had no legal existence,
since they could neither sue nor be sued, and they were not
partnerships, as the shares were being constantly transferred ;
they were an anomaly in the business world, since contracts
could not be enforced or debtsrecovered. Even the chartered
corporations had an unfair advantage in trade; as the
members were only liable for the amount of their contribution,
and no individual was personally responsible for the debts
incurred by the corporation. When in 1825 the Bubble Act
was repealed?, and opportunity was given for the formation
of joint-stock companies, pains were taken to protect the
public in their dealings with companies. Power was given to
the Crown, when granting a charter of incorporation to a
trading company, to render the members who composed it
personally liable for the whole or any part of the debts of the
rorporation.
From this time onwards, when the complete responsibility
of the members of corporations was secured, there has been
e tendency to facilitate the formation of joint-stock companies
rather than to discourage them. In 1844 arrangements
were made by which trading companies could obtain a
Certificate of Incorporation on simple conditions and without
the delay and expense which were involved in appealing to
1 Napier, in 4 Century of Law Reform, 580. 26 Geo. Lc. 18, § 18.
+ 6 Geo. IV. cc. 91. 4 7 and 8 Viet. ¢. 110. .