Section XLII. Section XCI. SCHEDULE (H.) Search Warrant. Court of Bankruptcy, Dublin In the Matter of a Bankrupt. Day of A.D. WHEREAS by Evidence duly taken upon Oath it hath been made to appear to the Satisfaction of me, the undersigned Commissioner of Bankrupt acting in the Prosecution of a Commission of Bankruptcy now in Prosecution against A.B. of in the County of bearing Date the of Day of that there is Reason to suspect and believe that Property of the said A.B. is concealed in the House of one C.D. of in the County such House not belonging to the said Bankrupt: These are therefore, by virtue of the Act intituled "An Act "for the Amendment of the Law of "Bankruptcy in Ireland," to authorize and require you, with necessary and proper Assistants, to enter in the Daytime into the House and Premises of the said C.D. situate at aforesaid, and there diligently to search for the said Property, and if any Property of the said Bankrupt shall be there found by you on such Search, that you seize the same, and keep Possession thereof until it be disposed of and dealt with according to the Provisions of the Laws made and in force concerning the Disposition of the Estate and Effects of Bankrupts. Done at the said Court, this the Year of our Lord 18 To W.W., Assistant Messenger of the SCHEDULE (I.) Day of J.K. Commissioner. Petition for Arrangement to the Commissioners of Bankrupt. Showeth, in That your Petitioner, being a Debtor unable to meet his Engagements with his Creditors, petitions the Commissioners of Bankrupt under the Provisions of the "Act for the Amendment of the "Law of Bankruptcy in Ireland," with the Concurrence of Two Thirds in Number and Value of his Creditors, as is testified by their signing this his Petition : That the following is a full Account of your Petitioner's Debts, and the Consideration thereof, and the Names, Residences, and Occupations of his Creditors, and also a full Account of your Petitioner's Estate and Effects, whether in possession, reversion, or expectancy, and of all Debts and Rights due to or claimed by him, and of all Property, of what Kind soever, held in trust for him; viz. That the Inability of your Petitioner to meet his Engagements with his Creditors arises from That for the future Payments or Compromise of such Debts and Engagements your Petitioner proposes and Two Thirds in Number and Value of your Petitioner's Creditors have assented to such Proposal: Your Petitioner therefore prays, that such Proposal (or such Modification thereof as by the Majority of his Creditors may be determined) may be carried into effect under the Superintendence and Control of the Commissioners of Bankrupt, and that he may in the meantime be protected from Arrest. And your Petitioner shall ever pray, &c. Signed by the Petitioner in the Petitioner named in the Petition hereunto annexed, maketh Oath and saith, That the several Allegations in the said Petition are Section XCI. One before Section CVI. Certificate to Petitioning Debtor. Court of Bankruptcy, Dublin, of Day of A.D. a Debtor unable to WHEREAS meet his Engagements with his Creditors, did on the Day of with the Concurrence of Two Thirds in Number and Value of his Creditors, present his Petition to the Commissioners of Bankrupt under the Provisions of "the Act for the "Amendment of the Law of Bankruptcy in Ireland," praying that a certain Proposal therein contained, or such Modification thereof as by the Majority of his Creditors might be determined, should be carried into effect, under the Superintendence and Control of Section CVII. of the said Commissioners, and the said Petition has been duly Day SCHEDULE (M.) Court of Bankruptcy, Dublin, of a Debtor unable to meet his Day of WHEREAS Engagements with his Creditors, did on the with the Concurrence of Two Thirds in Number and Value of his Creditors, present his Petition to the Commissioners of Bankrupt under the Provisions of "the Act for the Amend"ment of the Law of Bankruptcy in Ireland," praying that a certain Proposal therein contained should be carried into effect, under the Superintendence and Control of the said Commissioners, and the said Petition has been duly filed with the Registrars of said Court: And whereas One of the said Commissioners acting in the Matter of the said Petition, caused certain Meetings of the Creditors of the said to be held pursuant to the said Act: And whereas a certain Resolution or Agreement was duly assented to at such Meetings of Creditors, which the said Commissioners, thinking the same to be reasonable, and proper to be executed, under the Direction of the said Commissioners, caused to be filed and entered of Record as by said Act directed: And whereas the said Resolution or Agreement has been fully carried into effect, and I am satisfied that the Trustee appointed to carry the said Resolution or Agreement into effect, has fully performed his Trust, I hereby certify the same under my Hand and Seal, this Day of 18. 11 & 12 Vict. c. 45. CAP. CVIII. J.K. Commissioner. An Act to amend the Joint Stock Companies Winding-up Act Members, Act contained importing a more limited Application thereof, the The 11 & 12 same shall apply to all Partnerships, Associations, and Companies Vict. c. 45. to whereof the Partners or Associates are not less than Seven in extend to all Partnerships, Number, whether incorporated or unincorporated, and whether Associations, formed or subsisting before or after the passing of the said Act or and Companies this Act, other than and except Railway Companies incorporated consisting of not by Act of Parliament, to which Companies such Act shall not apply: less than 7 Provided always, that upon the Hearing of any Petition for the Dissolution of any such Partnership, Association, or Company the Court shall, in considering the Necessity or Expediency of any such Dissolution, or the Terms or special Directions subject to which it may think fit to allow such Dissolution, have regard to any Articles of Partnership or other Contract which shall be subsisting between the Members of such Partnership, Association, or Company: Provided nevertheless, that nothing herein contained shall affect the Jurisdiction of the Court of Stannaries in Cornwall; and that nothing in this Act nor in any Act herein referred to contained shall extend or be construed to extend to any Partnership, Association, or Company formed for the working of Mines on the Principle commonly called the Cost Book Principle, within the said Stannaries and Jurisdiction of the said Court, unless the Owner or Owners of One Tenth in Value of the Shares in any such Mine, as shall appear on the Cost Book, shall present a Petition to the Lord Chancellor or to the Master of the Rolls for the Dissolution and winding up, or for the winding up, of the Affairs of such Company, which Petition, and the Parties thereto, and all Proceedings thereupon, shall be subject to the Provisions of this Act and the Acts herein referred to; and that on such Petition being so presented, and Notice thereof being given to the Vice Warden by the Party petitioning, the Court of the said Vice Warden, and the Registrar and Officers thereof, shall cease from entertaining and dealing with any Cause touching such Mine, except so far as may be allowed and directed by Order of the Court of Chancery, in regard to any Cause then or to be thereafter brought in the Court of the said Vice Warden, or in regard to any Proceeding to be taken in furtherance of the said Petition and the Purposes of this Act and the Acts herein referred to; and that the said Vice Warden and Registrar, in taking such Proceedings, shall have all the Powers which any District Commissioner of the Court of Bankruptcy now has in any Matter which by virtue of this Act and the Acts herein referred to may be brought before him. II. And be it enacted, That when any Petition for Dissolution Petition for and winding up, or for winding up, the Affairs of any Company, Dissolution, &c, under the said recited Act, shall have been presented, every sub- to be advertised in Newspapers sequent Petition relating to the Affairs of such Company shall be besides Adver addressed to and marked for the same Judge, and such Petitions tisement in shall, in addition to the Advertisement thereof in the London Gazette. Gazette or in the Dublin Gazette directed by the said Act, be advertised at least Seven clear Days before the hearing thereof, and once at least in Two London Daily Morning Newspapers, or in Two Dublin Daily Newspapers, (as the Case may be,) and also (in case the Head or only Office of the Company be not in London, Westminster, or Southwark, or in Dublin,) once at least in some Newspaper in general Circulation in the County, City, or Borough 12 & 13 VICT. Y y where Petition for Dissolution, &c. may be verified by Affidavit. On winding up on Suit, Court may order a Resort to the Act. Extension of Provision as to Official Managers Sureties; Withdrawal, Increase, or Diminution of Security; vacating of Re cognizances. where the Head or only Office, or the last known Head or only Office of the Company, is or was situate, and such Advertisement may be in the Form or to the Effect set out in the Schedule (A.) annexed to this Act; and every Contributory shall be entitled to be furnished by the Solicitor presenting any Petition with a Copy thereof within Twenty four Hours after requiring the same, on paying at the Rate of Four-pence per Folio of Ninety Words for such Copy. III. And be it enacted, That every Petition for Dissolution and winding up, or winding up, may be verified by Affidavit annexed thereto, or subscribed at the Foot thereof, at the Time of presenting and filing the same, in the Form or to the Effect set out in the Schedule (B.) annexed to this Act; and that no Costs of any further or additional Affidavit in Verification shall be allowed, unless specially allowed by the Court. IV. And be it enacted, That the Provision in the said Act contained for empowering Her Majesty's High Court of Chancery in England and Ireland respectively, in any Decree or Order for the Dissolution of a Company or of any other Association or Partnership, as therein mentioned, to be made in any Suit then pending or thereafter to be instituted, and also, by any Order to be made after a Decree for the Dissolution of a Company, Association, or Partnership in any such Suit, to order that the Affairs of such Company, Association, or Partnership should be wound up under the Provisions of the said Act, and that the Costs of winding up the same should be paid and recovered according to the Provisions of the said Act, and for that Purpose to give Directions as therein mentioned, any Decree or Order so to be made to be deemed, if the said Court should so direct, an Order absolute under the said Act, shall extend in all respects to any Decree or Order of the Court for or relating to the winding up of the Affairs of any such Company, Association, or Partnership as therein mentioned made in any Suit now pending or hereafter to be instituted, and also to any Order made after a Decree for or relating to the winding up of the Affairs of a Company, Association, or Partnership in any such Suit. V. And be it enacted, That it shall be lawful for the Master for the Time being acting in the winding up of any Company under the said Act in respect of which an Official Manager has been or shall be appointed, if he think fit so to do, from Time to Time to allow any Surety of such Official Manager to withdraw from his Suretyship, or to become bound in a smaller Sum, from Time to Time, upon his procuring another Surety or Sureties to become bound in a competent Amount, and also to allow any Surety from Time to Time to become bound in a larger Sum, and to direct any new Recognizances to be entered into accordingly; and also that it shall be lawful for the Master, in any Case arising under the present Provision, and also upon the Death, Bankruptcy, or Insolvency of any Surety, and the Appointment of any new Surety in his Place, to order any Surety's Recognizance to be vacated: Provided always, that nothing herein contained shall authorize the Master at any Time to allow the total Amount of the Recognizances of all the Sureties of any Official Manager for the Time being to fall short of the Sum in which such Official Manager is bound. VI. And |