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Application of Rules.

75. These rules apply only to proceedings under the Companies Act, 1862.

Commencement of Rules.

76. These rules shall take effect and come into operation on and after the 25th day of November, 1862.

Interpretation.

77. The 1st rule of the 23rd of the Consolidated General Orders, and the general interpretation clause therein, shall be deemed to extend and apply to the rules of this order; and such rules shall have the effect of, and be deemed to be general orders of the court.

WESTBURY, C.

JOHN ROMILLY, M. R.

RICHD. T. KINDERSLEY, V.-C.
JOHN STUART, V.-C.

W. P. WOOD, V.-C.

Pr.

526

ORDERS AND RULES IN CHANCERY.

THE FIRST SCHEDULE.

FEES AND CHARGES TO BE ALLOWED TO SOLICITORS.

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For preparing and drawing up every order made at chambers,
and attending for same, and at the Registrar's Office to get
same entered .
For ingrossing every order, in addition to the above fee, per folio
For other duties performed, such of the fees on the higher scale
authorized by the 2nd rule of the 38th of the Consolidated
General Orders, and the regulations as to solicitors' fees sub-
joined thereto, as are applicable; except that the special fee
allowed on creditors' claims is not to apply.

Where under such regulations a fee of three guineas may be
allowed for attending any summons or other appointment at
the judge's chambers, the same may be increased to any sum
not exceeding five guineas.

The fee of 2s. 6d. allowed by such regulations for notices and services, shall be reduced to 18. 6d., where the service may be effected as provided by the above rule 63.

The usual charges relating to printing shall be allowed in lieu of copies for service where the fees for copies would exceed the charges for printing and amount to more than 37.

£0 13 4

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For every oath, affirmation, declaration, or attestation upon

honour.

In the Registrars' Office.

For every order made in court.
For every order made in chambers

For every office copy of an order

527

100

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In the Examiners' Office.

The same fees as those directed to be paid and collected in such office by the 2nd rule of the 39th of the Consolidated General Orders, and the regulations subjoined thereto.

In the Record and Writ Clerks' Office, and Report Office. Such of the fees directed to be paid and collected in such office by the 2nd rule of the 39th of the Consolidated General Orders, and the regulations subjoined thereto, as are applicable.

In the Taxing Masters' Office.

The same fees as those directed to be paid and collected by the 2nd rule of the 39th of the Consolidated General Orders, and the regulations subjoined thereto.

In the Office of the Lord Chancellor's Principal Secretary.

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528

ORDERS AND RULES IN CHANCERY.

THE THIRD SCHEDULE.

FORMS.

No. 1. Advertisement of Petition. [Rule 2.]

In the matter of the Companies Act, 1862; and of the

company.

day of

Notice is hereby given, that a petition for the winding up of the abovenamed company by the court [or, subject to the supervision of the court] of Chancery was, on the 18, presented to the Lord Chancellor [or, the Master of the Rolls] by the said company, [or, by A.B., , a creditor [or, contributory] of the said company [er, as the case may be]. And that the said petition is directed to be heard!

of

before the Vice-Chancellor

[or, Master of the Rolls] on the day of 18 ; and any creditor or contributory of the said company desirous to oppose the making of an order for the winding up of the said company under the above Act, should appear at the time of hearing, by himself or his counsel, for that purpose; and a copy of the petition will be furnished to any creditor or contributory of the said company requiring the same, by the undersigned, on payment of the regulated charge for the same.

C. and D., of, &c. [Agents for E. and F., of, &c.]

Solicitors for the petitioner.

No. 2. Affidavit verifying Petition. [Rule 4.]

In Chancery.

In the matter, &c.

I, A. B., of, &c., make oath and say, that such of the statements in the petition now produced and shown to me, and marked with the letter A., as relate to my own acts and deeds, are true, and such of the said statements as relate to the acts and deeds of any other person or persons, I believe to be true.

Sworn, &c.

No. 3. Order for Winding up by the Court. [25 & 26 Vict. c. 89,

The Master of the Rolls [or,}

Vice-Chancellor

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Upon the petition of the above-named company [or, A. B., of, &c., a creditor, [or, contributory] of the above-named company] on the day of 18 preferred unto the Right Honourable the Lord High Chancellor of Great Britain [or, Master of the Rolls], and upon hearing counsel for the petitioner, and for and upon reading the said petition an affidavit of (the said petitioner) filed, &c., verifying the said

petition, an affidavit of L. M., filed the London Gazette of the

the

day of

day of

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, 18 the the Times newspaper of

, [enter any other papers] each containing an advertisement of the said petition [enter any other evidence], his honour [or, this court] doth order, that the said

company be wound up by

this court, under the provisions of the Companies Act, 1862.

No. 4. Order for Winding up, subject to Supervision. [25 & 26 Vict.

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Upon the petition, &c., his honour, [or, this court] doth order, that the voluntary winding up of the said company be continued, but subject to the supervision of this court; and any of the proceedings under the said voluntary winding up may be adopted as the judge shall think fit. And the creditors, contributories, and liquidators of the said company, and all other persons interested, are to be at liberty to apply to the judge at chambers as there may be occasion.

No. 5. Advertisement of Order to Wind up. [Rule 6.]

In the matter, &c.

By an order made by the Master of the Rolls [or, Vice-Chancellor in the above matter, dated the

day of

.18

on the

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