LAW QUARTERLY REVIEW. EDITED BY THE RIGHT HONOURABLE SIR FREDERICK POLLOCK, BART., VOL. XXX. WITH A GENERAL INDEX TO VOLS. XXVI-XXX. STANFORD LIBRARY LONDON: STEVENS AND SONS, LIMITED, 119 & 120 CHANCERY LANE AGENT FOR UNITED STATES OF AMERICA, THE BOSTON BOOK CO., BOSTON. AGENT FOR CANADA, THE CARSWELL CO., LIMITED, TORONTO. OXFORD: PRINTED AT THE UNIVERSITY PRESS. REVIEW. No. CXVII. January, 1914. LIBRARY THE NOTES. COMPANY CASES. 6 HE term 'company' does not ordinarily include a partnership, although one consisting of more than seven members is an 'unregistered company' within the meaning of Part VIII of the Companies (Consolidation) Act, 1908. But by s. 2 of the Stannaries Act, 1887, in that Act the term 'company' includes any persons or partnership body... engaged in or formed for working mines'that is to say, metalliferous mines-within the Stannaries'. In Dunbar v. Harvey [1913] 2 Ch. 330, 83 L. J. Ch. 18, the Court of Appeal took some pains to explain why a partnership of two persons formed to work metalliferous mines in Cornwall was a company which now could only be wound up in the County Courts of Cornwall. Neville J. had so decided, and there seems to be no good reason for objecting to his decision. A rather curious result is that, although such a partnership is not registered under any Joint Stock Companies Act, it is not an 'unregistered company' within the winding up provisions of Part VIII of the Act of 1908. It must, therefore, be wound up under Part IV of the Act, and the same difficulties will arise as were found to be almost insuperable in winding up limited partnerships under the Act of 1908. It is well settled that a shareholder cannot sue a company for a dividend until the dividend has been declared. And it seems obvious that the dividend can only be sued for by the person holding the shares when the dividend is declared. In In re Sale [1913] 2 Ch. 697, preference shares carrying a fixed cumulative preferential dividend had been bequeathed upon trust to pay the income to a person for life, and after her death upon trust for certain remaindermen absolutely. No dividend had been declared during |