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Remedy for improper entry or omission of entry in register.
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35. If the name of any person is, without sufficient cause, entered in or omitted from the register of members of any company under this Act, or if default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member of the company, the person or member aggrieved, or any member of the company, or the company itself may, as respects companies registered in England or Ireland, by motion in any of Her Majesty's Superior Courts of Law or Equity, or by application to a judge sitting in chambers, or to the vice warden of the Stannaries in the case of companies subject to his jurisdiction, and as respects companies registered in Scotland by summary petition to the Court of Session, or in such other manner as the said Courts may direct, apply for an order of the Court that the register may be rectified; and the Court may either refuse such application, with or without costs to be paid by the applicant; or it may, if satisfied of the justice of the case, make an order for the rectification of the register, and may direct the company to pay all the costs of such motion, application, or petition, and any damages the party aggrieved may have sustained: The Court may in any proceeding under this section decide on any question relating to the title of any person who is a party to such proceeding to have his name entered in or omitted from the register, whether such question arises between two or more members or alleged members, or between any members or alleged members and the company; and generally the Court may in any such proceeding decide any question that it may be necessary or expedient to decide for the rectification of the register; provided, that the Court, [1
if a Court of Common Law], may direct an issue to be tried, in which any question of law may be raised, [1
and a writ of error or appeal, in the manner directed by the Common Law Procedure Act, 1854, shall lie].
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