the amount of their debt in full, and the costs in these matters as Form 672. between solor and client, such costs to be taxed, &c., in case the parties differ, all further proceedings under the sd order of 3 Feb., 1877, be stayed. Whiteash Paper Co., 17 May, 1877. B. 1083. See further as to staying the winding-up, " Petitions" and "Arrangements." Unclaimed Dividends. Upon the applicon of H., the off manager of the above-named bank, Form 673. and upon hearing the solors for the applicant, and for the official as- Order to pay signee in bankruptcy, and for the creditor's representative, and upon into court. reading an order dated 8 April, 1878, Order that the sd H. be at libty on or before the 30th of May, 1878, to pay into Ct to the credit of Ex parte the Royal British Bank to an account to be intituled "unclaimed dividends," the sum of 3031. 6s. 4d., the amount of unclaimed dividends in these matters, And order that the sd sum of 3031. 6s. 4d. when pd in be pd in the sums mentd in the third column of the schedule hto to the persons whose names and addresses are set opposite such sums in the first column of the sd schedule, such sums being the amount of dividends declared upon their respive debts proved in these matters. Schedule giving names, addresses, and amounts. Royal British Bank, Malins, V.-C., 3 April, 1878. B. 1120. Where a company is about to be dissolved, it is very commonly found that certain creditors or contributories, in whose favour dividends have been declared, have not claimed the same. The right of such persons is not affected by the non-claim, so as to enable the Court to divide the fund among the other persons interested, or otherwise to deal with the same in derogation of the rights conferred by the order declaring the dividend. Ashley v. Ashley, 4 C. D. 757. Accordingly, the proper course is to pay the amount into Court. See the Supreme Court Rules, 1884, as to the new practice on payment into Court. The money should be paid in to the credit of "In the matter of the Companies Acts, 1862 and 1867, and in the matter of The Company Limited. Unclaimed dividends." The paymaster-general will give a receipt for the payment, and the application of the fund will be provided for by the dissolution order. See Form 680. See Australian United Co., W. N. 1877, 37, where upon a reconstruction there were unclaimed shares, and liberty was given to bring them into Court. dividends Upon the applicon of B., the off. liq., &c., Let the sd B. be at libty on Form 674. or before 10 Mar., 1879, to pay into Ct to the credit of "In the matter Order to pay of the L. C. C., Limtd.," 357. 188. 9d., being the amount due to the unclaimed creditors of co named in the schedule hto in respect of unclaimed divi- into court. dends. And let out of the sd sum the sums mentd in the fourth column of sd schedule be pd to the persons and cos whose names are set opposite Form 674. to the same in the second column of the same schedule. And usual order to tax off. liq.'s costs, charges, and expenses. London Co-operative Commissariat, Limtd., M. R., 21 Jan., 1879. B. 374. Form 675. Dissolution order. Dissolution Orders. S. 111 of the Act of 1862 provides that when the affairs of the company have been completely wound up, the Court is to make an order that the company be dissolved from the date of such order, and the company is to be dissolved accordingly. And s. 112 provides that any order so made shall be reported by the official liquidator to the registrar [of joint stock companies], who is to make a minute accordingly in his books of the dissolution of the company. If the official liquidator makes default in so reporting, he becomes liable to a penalty of 51. a day. S. 113 of the Act. Where a company is about to be dissolved, the Court may determine in what manner the books, accounts and documents are to be disposed of. See s. 155 of the Act. The file of proceedings and the official liquidator's book of account must be sent to the Record and Writ Department. Gen. Ord. 1862, r. 67. The other documents are generally directed to be torn up or burnt. See Rules 65 & 66 as to terminating the winding up. According to the latter of these rules, a dissolution order should not be made until the chief clerk has certified that the winding up is complete; but in practice the chief clerk very commonly certifies that the affairs of the company have been completely wound up, except as to the application of a specific sum in bank or in the official liquidator's hands, and then upon the application of the official liquidator, an order is made as to the application of this sum, vacating the recognisances, discharging the liquidator, ordering the destruction of the books, and dissolving the company. An application to dissolve should be by summons, supported by an affidavit of the official liquidator showing that the winding up has been completed and that he has passed his final account, and stating that in his opinion it is desirable that the books should be destroyed and the company dissolved. A great many dissolution orders are made every year. Upon the applicon of the off. liq. of the above-named co, and upon hearing the solor for the applicant, and upon reading the orders, &c., and the chief clerk's certificate, dated 28th January, 1878, whereby it appears that, except as to the applicon of the sum of 307. 16s. 6d. standing to the credit of the sd off. liq. at the Bank of England, the affairs of the sd co have been completely wound up, and an office copy of the recognisance entered into, &c., a certificate of the chief clerk of the Bank of England, dated, &c. IT IS by consent of the solor of the applicant ORDERED that the sd sum of 307. 16s. 6d. be pd to the sd off. liq. in full discharge of the amount of his taxed costs and the amount due to him for remuneration. And it is ordered that the books and papers of the sd co, other than the file of proceedings, be destroyed by being torn up and cut in such a manner as to be incapable of being used as a means of information: And thereupon it is ordered that the sd off. liq. be discharged, and that the sd recognisance dated, &c., entered his sureties be Form 675. into by the sd off. liq. together with and A form of dissolution order is given in the schedule to the Gen. Order of Nov. 1862, No. 56. The following are a few examples of dissolution orders: St. George's Advance Co., 18 July, 1877. B. 1425; Oporto Mining Co., 20 July, 1877. B. 1487 ; South of France Lime Co., 6 Aug. 1877. B. 1479; London & County, &c., Co., 9 Aug. 1877. B. 1186; Oriental Island Steam Co., 9 Aug. 1877. B. 1489; North Hafod Co., 20 Dec. 1877. B. 2178; Erimus Iron, 25 May, 1878. 94 B.; Ballycammish Co., 18 July, 1878. A. 1573; Tavarone Mining Co., 31 July, 1878. B. 1531; and see also Forms infra. Upon the applicon of J. S., the off. liq., &c., Let [books and papers of Form 676. co to be destroyed] and order that out of the sum of 581. 8s. Od. by Another. the chief clerk's certificate certified to be due from the sd off. liq. and forming part of 637. Os. 27. cash in the bank to credit of these matters the sum of 87. 78. 9d. the agreed amount of the costs of co under the sd order dated, &c., be pd to Messrs. -, their solors in full discharge of the costs under the sd order, and the sum of 337. 6s. 10d. further pt thereof be pd to and , the solors of the sd off. liq., or one of them, in full discharge of their costs, charges, and expenses as solors for the sd off. liq., or otherwise in reference to the winding up of the sd co: And order that the sum of 167. 13s. 5d., the balance of the sd sum of 581. 88. Od., and also the proceeds to be received from the sd books and papers of the sd co when so cut and torn into fragments as hinbefore directed be retained and pd to the sd off. liq. in full discharge of all claims by him for remuneration or otherwise as off. liq. of co: And thereupon order that the sd off. liq. be discharged, and that the sd recognisance and the sd bond dated 15th December, 1874, entered into by the sd J. S. together with The Guarantee Association, Limtd., as his sureties be vacated: And thereupon order that the sd co be dissolved as from the 28th June, 1878. People's Coal, Sc., Co., Limtd., M. R., 25 June, 1878. 1533 B. Upon, &c. [order for dissolution of co], And Let the books, papers, Form 677. and documts of the sd co, other than the file of proceedings, be forth- Burn books. with destroyed by fire. Llanrwst Slate Co., M. R., 16 Mar., 1878. B. 605. Upon the applicon of the off. liq., and upon reading an order dated, Form 678. &c., and the chief clerk's certificate dated, &c., and an afft of the sd off. Dissolution liq. filed, &c., and an office copy of the recognisance, and an office copy where of the joint and several bond hereinafter respively referred to, and it ap- company is pearing that the affairs of the sd co have been completely wound up, It surety. guarantee Form 678. is ordered that the sd co be dissolved as from the 25th of May, 1878, Form 679. Order for distribution of assets and dissolution. and that the recognisance entered into by J. Y. as the off. liq. of sd co, and the joint and several bond of the sd J. Y. and The Guarantee Co, Limtd, dated respively the 15th of October, 1875, and enrolled on the 22nd October, 1875, be vacated. Rio Grande, &c., Co., Limtd., Bacon, V.-C., 25 May, 1878. 1113 B. Upon the applicon of the off. liq., &c., And it appearing by the sd afft of the sd off. liq. that the whole of the assets received is the sum of 2137. 118. 3d., that there is not any outstanding estate, effects, or ppty of the sd co, that all the shares subscribed for or taken have been fully pd-up, and that there is not any sum of money available for distribution among the creditors or persons claiming to be creditors of the sd co, It is ordered that the sd off. liq. do out of the sd sum of 2137. 11s. 3d. pay the sum of 457. 18s. Od., being the amount of the petr's taxed costs under the sd order dated 6 Mar., 1877, to Messrs. V. & V., the solors of the sd petrs, And it is ordered that the sd off. liq. do also pay to the sd Messrs. V. & V., his solors, the sum of 1227. 138. 3d. in satisfon and discharge of their costs in the winding up of the sd co from the date of the appointmt of the sd off. liq. to the dissolution of the sd co as certified at the sum of 1287. 38. Od., and be at libty to retain the sum of 457., balance of the sd sum of 2137. 118. 3d., after paying the sd sum of 457. 188. and 1227. 138. 3d. in discharge and satisfon of his charges and expenses in the winding up of the sd co, and thereupon It is ordered that the sd co be dissolved as from the 10th of July, 1877, and that the sd recognizance be vacated. Barnett's Patent Asphalte Paving Co., Bacon, V.-C., 10 July, 1877. Such orders are very common. 1878. A. 1049. See another, Van United Mining Co., 25 May Form 680. Dissolution order, and directions as to unclaimed dividends. Upon the applicon of H., the off. liq. of co, and upon hearing the solors of the sd off. liq., and for W. F., the creditors' representative and upon reading the order dated, &c., the Chancery Pay Office receipt dated 15 Ap., 1876, for the sum of 317. 13s. hereinafter mentd, the afft, &c., and the chief clerk's certificate dated the 18th July, 1877, whereby it appears that the sd off. liq. has passed his final account, and that there was no balance due to or from him, and that the affairs of the sd co have been completely wound up, and the certificate of the fund : It is ordered [dissolve co., libty to destroy books, &c.], And it is ordered that the sd sum of 317. 13s. on deposit in Ct to the credit of "In the matter of the Cos Act, 1862, and in the matter of the N. Co., Limtd, unclaimed dividends" be pd in the several amounts mentd in the sixth column of the schedule hto to the several persons mentd in the second column of such schedule in satisfon of the unclaimed dividends due to them as creditors of the sd co. Northfield Iron and Steel Co., M. R., 28 July, 1877. B. 2700. Upon the peton of co, &c., Order that co's name be restored to the Form 680a. register of Joint Stock Companies, and that this co be deemed to have con- Order to tinued in existence as if its name had never been struck off; and let restore company's name notice of this order be advertised once in the London Gazette; and let to register off. liq. pay the Registrar of Joint Stock Companies his costs of the under Act of applicon, to be taxed; and let costs of petrs, including costs pd to Registrar, be taxed and pd out of co's assets. Estates Investment Co., Chitty, J., 23 June, 1883. As to striking names of defunct companies off the register, and their restoration, see the Companies Act, 1880. Re Financial Corporation, 27 S. J. 199; Re Estates Investment Co., 27 S. J. 585. 1880. at Notice is hby given that an extraordinary general meeting of The on day the day of Form 681. Notice of first meeting to pass tion to wind o'clock in the [after]noon, for the ppose of considering, and if special resolu thought fit, passing the following resolution, that is to say: "That the up. co be wound up voluntarily under the provisions of the Cos Acts, 1862 and 1867, [and that A. of pposes of such winding up]." Dated, &c. be and he is hby appointed liq for the "129. A company under this Act may be wound up voluntarily, 1. Whenever the period, if any, fixed for the duration of the company by the Articles of Association expires, or whenever the event, if any, occurs, upon the occurrence of which it is provided by the Articles of Association that the company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily : 2. Whenever the company has passed a special resolution requiring the company to be wound up voluntarily : 3. Whenever the company has passed an extraordinary resolution to the effect that it has been proved to their satisfaction that the company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same. For the purposes of this Act, any resolution shall be deemed to be extraordinary which is passed in such manner as would, if it had been confirmed by a subsequent meeting, have constituted a special resolution as herein before defined." Companies are rarely or never wound up in pursuance of paragraph 1 of the |