any probable Default of Official Ma nager may compound Claims, &c. of unascertained Amount. Official Manager may prove against Estate, &c. As to Payment of Dividends to Official Manager, &c. Masters to have Powers to order Time being on the List of Contributories, although it may then be under Consideration, or uncertain, whether other Persons ought or ought not to be included in the List; and in making any such Call it shall be lawful for the Master to fix such an Amount per Share for the same as shall in his Judgment be likely to supply and bring in the whole Sum for the Time being intended to be raised, after taking into consideration the Probability that some of the Contributories upon whom the said Call shall be made should partly or wholly fail to pay their respective Proportions of the same. XXIX. And be it enacted, That the Power by the said Act given to the Official Manager to give Time or compound, or take Security for or to abandon any Balance or Claim as against any of the Contributories of the Company, shall be deemed to extend to any Claim of doubtful or unascertained Amount, including the Liability of any Contributory to any future Calls or Contributions. XXX. And be it enacted, That where any Contributory of the Company is a Bankrupt or Insolvent, it shall be lawful for the Official Manager to prove in the Matter of such Bankruptcy or Insolvency for any Balance ordered by the Master to be proved against the Estate of such Contributory, and to take and receive Dividends in respect of such Balance in the Matter of the Bankruptcy or Insolvency as a separate Debt due from such Bankrupt or Insolvent, and rateably with the other separate Creditors: Provided always, that if any Creditors of the Company, not being such Petitioning Creditor under the Fiat as after mentioned, shall have proved or shall prove against the Estate of such bankrupt or insolvent Contributory in respect of any Debt due from the Company, then the Dividends received by the Official Manager from the Estate of such bankrupt or insolvent Contributory shall be paid and distributed by the Official Manager, under the Direction of the Master, in the first instance, rateably amongst the Creditors of the Company so proving against the Estate of such bankrupt or insolvent Contributory as aforesaid, until the Debts due to such Creditors respectively be fully paid, and, subject thereto, such Dividends shall be applied by the Official Managers towards the general Purposes of the winding up of the Affairs of the Company: Provided also, that in case any such Fiat shall have been issued on the Petition of a joint Creditor of the said Company in respect of his joint Debt, and he shall have proved such joint Debt for the Purpose of receiving Dividends under such Fiat, then any Dividends paid to such Petitioning Creditor under such Proof shall be set against the Dividends payable to such Official Manager in respect of the Proof so made by him as aforesaid, so far as the same will extend. XXXI. And be it enacted, That it shall be lawful for the Masters, in directing any Issue or Question of Fact to be decided by a Jury under the Powers of the said Act, to determine whether such Issue or Question shall be decided by a Common or by a Special Jury; and that it shall also be lawful for the Master to direct a new Trial of any such Issue or Question; and also that it shall be lawful for the Master to require any Contributories or alleged Contributories to interplead before him in any Question of Liability or other Matter in difference between such Contributories or alleged Master may make Orders in alleged Contributories in which the Company is interested, or which is necessary to be determined in order to the complete winding up thereof, and thereupon to decide the same. XXXII. And be it enacted, That it shall be lawful for the Master in any Proceeding before him to make any Alteration in the Lists of Contributories or in the Accounts of the Company, or to make any other Order which may seem to him just as respects Parties present before him, although the same may vary from the the Notice. Notice, if any, which may have been given with respect thereto. the Presence of varying from Parties, though Weeks. XXXIII. And be it enacted, That no Notice of Motion for a Rehearings not Rehearing before the Lord Chancellor of Great Britain or Ireland to be moved for respectively of any Order of the Master of the Rolls in England after Three or Ireland, or of any of the Vice Chancellors in England, under the said Act or this Act, shall be given after the Expiration of Three Weeks after the Order complained of shall have been made. XXXIV. And be it enacted, That where any Appeal shall be brought or Rehearing moved for under the said Act or this Act it shall not be incumbent on the Court before which such Appeal is brought or Rehearing moved for to reverse the Order or other Proceeding complained of for Want of Form only, nor unless such Court be of opinion that the substantial Merits of the Case require such Reversal. XXXV. And be it enacted, That in lieu of all Fees to be received or charged in aid of the Suitors Fee Fund in respect of any Proceedings, Orders, or other Matters under the said Act or this Act, the Interim or Provisional Manager or the Official Manager of any Company the Affairs of which shall be wound up under the said Act shall pay into the Bank of England, with the Privity of the Accountant General of Her Majesty's High Court of Chancery in England or Ireland respectively, to be there placed to the Credit of the Suitors Fee Fund Account, such Amount by way of Per-centage as shall be certified by the Master upon the Monies received by the Official Manager, and paid or divided amongst the Creditors or the Contributories of such Company in winding up the Affairs thereof, not exceeding the Sums following; that is to say, Upon the first Monies so paid and divided, not exceeding Fifty Upon all further Monies above Fifty thousand Pounds and not Upon all further Monies exceeding Two hundred thousand Provided always, that it shall be lawful for the Lord Chancellor of XXXVI. And Order not to Per-centage to of Fees to Sui be taken in lieu tors Fee Fund. As to Omission of Christian Names in Notices, Prepayment and Return of Letters sent by the Post. Extension of Lord Chancel lor's Power to make Rules and Orders. Act to be Part XXXVI. And be it enacted, That no Service under the said Act shall be deemed invalid by reason of the Christian Name or any of the Christian Names of the Person upon whom Service is sought to be made having been omitted, or designated by initial Letters, in the List of Contributories, or in the Summons, Notice, Order, or other Document wherein the Name of such Contributory is contained, if the Court or Master be satisfied that such Service has been in other respects sufficient; and that any Summons, Notice, Order, or other Document sent by Post shall be pre-paid, except so far as the Rules of the Post Office shall not allow of Pre-payment; and that in proving any such Service by Post it shall not be necessary to show that the Document was not returned. XXXVII. And be it enacted, That the Powers by the said Act given to the Lord Chancellor of Great Britain and the Lord Chancellor of Ireland respectively, with such Advice and Consent as therein mentioned, of making, varying, and discharging Rules and Orders for the Objects therein mentioned, shall extend to authorize and empower the said Lord Chancellors respectively, with the like Advice and Consent as in the said Act mentioned, to make all such Rules and Orders as from Time to Time shall seem necessary or expedient for better carrying into effect the Purposes of the said Act or of this Act, by Her Majesty's High Courts of Chancery in England and Ireland respectively, and from Time to Time to alter, vary, and discharge any such Rules or Orders. XXXVIII. And be it enacted, That this Act shall be taken and of 11 & 12 Vict. construed (so far as practicable) as a Part of the said Joint Stock Companies Winding-up Act, 1848. c. 45. Short Title. Act not to apply to Scotland. Act may be amended, &c. XXXIX. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments and in legal Proceedings, it shall be sufficient to use the Expression "The Joint Stock Companies Winding-up Amendment Act, 1849." XL. And be it enacted, That this Act shall not apply to Scotland, except so far as by this Act or by the said Joint Stock Companies Winding-up Act, 1848, is specially provided. XLI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. SCHEDULES to which the foregoing Act refers. Advertisement in Newspapers of Petition for Dissolution and the Company. In the Matter of the Joint Stock Companies Winding-up Acts, 1848 and 1849, and of the NOTICE is hereby given, That a Petition for the Dissolution and winding up [or for the winding up, as the Case may be,] of the above-named Company was, on Day of 184, presented to the Lord Chancellor [or Master of the Rolls, as the Case may be, specifying whether in England or Ireland], by [Names of the Petitioner or Petitioners], and that it is expected such Petition will be heard before the [Master of the Rolls, or the Vice Chancellor, as the Case may be, specifying the Name or Title of the Vice Chancellor], on the Day Day of A.B., or C. and D., Solicitors for the Petitioners SCHEDULE (B.) Affidavit verifying Petition for Dissolution and winding up, or winding up. Company. In the Matter of the Joint Stock Companies Winding up Acts, 1848 and 1849, and of the I A.B., the Petitioner in the above-written [or annexed, as the Case may be,] Petition, make Oath and say, That so much of the above-written [or annexed, as the Case may be,] Petition as relates to my own Acts and Deeds is true, and so much thereof as relates to the Acts and Deeds of any other Person I believe to be true. Sworn, &c. CAP. CIX. An Act to amend an Act to regulate certain Offices in the WHEREAS an Act was passed in the last Session of Par- 11 & 12 Vict. liament, intituled An Act to regulate certain Offices in c. 94. the Petty Bag in the High Court of Chancery, the Practice of 'the Common-Law Side of that Court, and the Enrolment Office of the said Court: And whereas it is expedient to repeal some of the Provisions of the said Act, and to enact other Provisions ' in lieu thereof:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Recited Act said recited Act, except so much thereof as relates to abolishing repealed. the Offices of the Senior, Second, and Third Clerks, of the Petty Bag of the said High Court of Chancery, and providing Compensation to the said Senior and Second Clerks, to the Appointment of an Officer of the said Court to be and be called "The Clerk of the Petty Bag," and to the Appointment of Francis George Abbott as such Clerk of the Petty Bag, shall be and the same is hereby repealed: Provided nevertheless, that the Repeal of the said Act shall not revive any of the Offices or authorize the taking of any Fees thereby abolished, or invalidate or affect any Appointment, Proceeding, Enrolment, Act, Matter, or Thing already made or done, or any Proceeding already commenced or instituted, under the said Act, but all such Appointments, Proceedings, Enrolments, Acts, Matters, and Things shall be as good, Clerk of the Petty Bag to execute his Duties in Person, except in case of Sickness, &c., when he Consent of the Clerk of Petty Bag to hold Office during good Behaviour, and on Vacancy to be Master of the valid, and effectual, to all Intents and Purposes, as if the said Act had not been repealed, and all such Proceedings shall be carried on, prosecuted, and conducted (in any Case in which the same may be inconsistent with the Provisions of or not provided for in this Act) in the same Manner as they would have been carried on, prosecuted, or conducted if the said Act had not been repealed. II. And be it enacted, That the Clerk of the Petty Bag for the Time being shall execute and perform the Duties of his Office in Person, and not by Deputy: Provided always, that whenever the Clerk of the Petty Bag for the Time being, by reason of Sickness or other unavoidable Cause, shall be unable to perform the Duties of or shall have occasion to be absent from the Business of his Office, it shall be lawful for such Clerk, by any Writing under his Hand, with the Approbation of the Master of the Rolls, in Writing under his Hand, to appoint to be his Deputy such Person, and for such Time, to be limited in such Appointment and Approbation, as the Master of the Rolls shall or may approve of as fit and proper for that Purpose: Provided also, that whenever the said Clerk for the Time being shall from any Cause be unable to execute or perform or be absent from the Attendance upon the Duties of his Office, without having appointed, or renewed the Appointment of a Deputy in manner aforesaid, it shall be lawful for the Master of the Rolls, by any Writing under his Hand, to appoint such Person to be and act as the Deputy of such Clerk during such Inability or Absence of the said Clerk for the Time being as the said Master of the Rolls shall think fit; and every Deputy appointed in manner aforesaid, and who shall accept of such Appointment, shall during the Time for which he shall be appointed have and possess all and every of the same or the like Powers and Authorities as the Clerk of the said Petty Bag for the Time being, and shall perform and be subject to all and every of the like Duties and Regulations as the said Clerk for the Time being; and every Deputy appointed in manner aforesaid shall be paid such Sum out of the Salary of his Principal as the Master of the Rolls shall by any Writing under his Hand direct; and the Appointment and Approbation of every such Deputy as aforesaid shall be filed of Record, and preserved in the Office of the Petty Bag, or such other Office as the Master of the Rolls shall order or direct. III. And be it enacted, That whenever and so soon as any Vacancy shall occur in the Office of the said Francis George Abbott or any future Clerk of the Petty Bag, whether by Death, Resignation, Removal, or otherwise, the Master of the Rolls shall, by some Writing under his Hand, appoint some fit and proper Person to be Clerk of the Petty Bag, every Person so appointed being a Person who for the Space of Five Years has been an Attorney of One of Her Majesty's Superior Courts of Common Law, or a Solicitor of the High Court of Chancery, and has during that Period actually practised as such Attorney or Solicitor, and for whose Appointment no pecuniary or other Consideration whatsoever shall be directly or indirectly paid, given, or received; and the said Francis George Abbott, and every qualified Person so appointed as aforesaid, shall hold his Office during good Behaviour, and shall or may be removed from his Office by the Master of |