Page images
PDF
EPUB

No. 52.-Order or Memorandum of the Sanction of the Judge for certain Acts to be done by the Official Liquidator. [Rule 50.]

[blocks in formation]

The Master of the Rolls [or, Vice-Chancellor ] doth hereby sanction [or, has sanctioned] the following proceedings being taken [or, acts being done] by the official liquidator of the above-named company, namely [state the proceedings to be taken or acts to be done as], the bringing [or, instituting] and prosecuting an action at law [or suit in Equity], in the name and on behalf of the said company, against [or, defending an action at Law [or, suit in Equity] brought [or, instituted] against the said company by] K. M., of &c., to recover a debt or sum of £ alleged to be due from [or, to] the said K. M.

to [or, from] the said company, &c.

G. H.,

Chief Clerk.

No. 53.-Appearance Book. [Rule 62.]

In the Matter, &c.

Appearance Book.

Date

Whether If he appears If he appears when ap- Party's Creditor pearance Name. or Conentered.

in person, his Address tributory. for service.

his Solicitor's

by a Solicitor, Solicitor's
Address.

Amount of
Debt [or,
Number of

Name.

Shares].

No. 54.--Summons for Persons to attend at Chambers to be examined.

In Chancery.

[25 & 26 Vict. c. 89, s. 115.]

In the Matter, &c.

A. B., of &c., and E. F., of &c., are hereby severally summoned to

attend at the Chambers of the Master of the Rolls [or, Vice-Chancellor

], in the Rolls Yard, Chancery Lane [or, No. Inn], in the county of Middlesex, on of the clock in the

day of

Lincoln's

186 at noon to be examined on the part of the official liquidator [or, of W. D., of &c.], for the purpose of proceedings directed by the Master of the Rolls [or, the said Vice-Chancellor] to be taken before me in the above matter. [And the said A. B. is hereby required to bring with him and produce, at the time and place aforesaid, a certain indenture [describe documents] and all other books, papers, deeds, writings, and other documents in his custody or power in anywise relating to the above-named company.]

Dated this

day of

186

G. H.,

Chief Clerk.

[ocr errors]

This summons was taken out by Messrs. C. & D., of

county of W. D.]

, in the solicitors for the official liquidator [or, for the said

No. 55.-Certificate of the Company being completely wound-up, and of the Official Liquidator having passed his final Account.

[Rule 66.]

In the Matter, &c.

In pursuance of the directions given to me by the Master of the Rolls [or, Vice-Chancellor ], I hereby certify that R. P. H., the official liquidator of the above-named company, has passed his final account as such official liquidator, And that the balance of £ thereby certified to be due to [or, from] the said official liquidator has been paid in the manner directed by the order dated the 186. And that the affairs of the said company have been completely wound-up.

day of

[blocks in formation]

No. 56.-Order to Dissolve the Company. [Rule 66.]

[blocks in formation]

Upon the application of the official liquidator of the above-named company, and upon reading an order dated the

day of

and

[ocr errors]
[merged small][merged small][ocr errors][merged small]

appears that the affairs of the said company have been completely wound-up, and that the balance of £

[ocr errors]

due from [or, to] the

official liquidator, has been paid in manner directed by the said order, Company be dissolved, as from this

It is ordered that the said

day of
day of

186 186

[ocr errors]

And that the recognizance dated the

entered into by the said official liquidator,

together with W. B. and T. P., his sureties, be vacated.

WESTBURY, C.

JOHN ROMILLY, M.R.

RICHD. T. KINDERSLEY, V.C.

JOHN STUART, V.C.

W. P. WOOD, V.C.

GENERAL ORDER AND RULES

UNDER

THE COMPANIES ACT, 1867.

Saturday, the 21st day of March, 1868.

THE RIGHT HONOURABLE HUGH MACCALMONT BARON CAIRNS, Lord High Chancellor of Great Britain, with the advice and consent of the RIGHT HONOURABLE JOHN LORD ROMILLY, Master of the Rolls, the HONOURABLE the VICE-CHANCELLOR SIR JOHN STUART, and The HONOURABLE the VICE-CHANCELLOR SIR RICHARD MALINS, Doth hereby, in pursuance and execution of the powers given to him by "The Companies Act, 1867," and of all other powers and authorities enabling him in that behalf, Order and direct in manner following :

PETITIONS FOR WINDING-UP.

1. Every petition which shall after this order comes into operation be presented for the winding-up of any company by the Court, or subject to the supervision of the Court, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of "The Companies Acts, 1862 and 1867," and of the company to which such petition shall relate.

PETITION TO REDUCE CAPITAL.

2. Every petition for an order confirming a special resolution for reducing the capital of a company, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of "The Companies Act, 1867," and of the company in question.

3. No such petition as mentioned in the 2nd rule of this order shall be placed in the list of petitions by the Secretary of the Lord Chancellor or of the Master of the Rolls, as the

case may be, until after the expiration of eight clear days from the filing of such certificate as is mentioned in the 14th rule of this Order.

4. When any such petition as last aforesaid has been presented, application may be made, ex parte by summons in chambers, to the judge to whose Court the petition is attached, for directions as to the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction, and the judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 13th section of the Companies Act, 1867; and may, either at the same time or afterwards, as he shall think fit, give such directions as are mentioned in the 5th and 6th rules of this Order. The order upon such summons may be in the form No. 1 in the schedule hereto, with such variations as the circumstances of the case may require.

5. Notice of the presentation of the petition shall be published at such times and in such newspapers as the judge shall direct, so that the first insertion of such notice be made not less than one calendar month before the day of the date fixed as mentioned in the 4th rule of this Order. Such notice may be in the Form No. 2 in the schedule hereto, with such variations as the circumstances of the case may require.

6. The company shall, within such time as the judge shall direct, file in the Office of the Clerks of Records and Writs an affidavit made by some officer or officers of the company competent to make the same, verifying a list containing the names and addresses of the creditors of the company at the date fixed as mentioned in the 4th rule of this Order, and the amounts due to them respectively, and leave the said list, and an office copy of such affidavit, at the chambers of the judge.

7. The person making such affidavit shall state therein his belief that such list is correct, and that there was not at the date so fixed as aforesaid any debt or claim which, if that date were the commencement of the winding-up of the company, would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such

« EelmineJätka »