immediately required for the purposes of the winding-up, may be invested in the purchase of Bank £3 per Cent. Annuities; Reduced £3 per Cent. Annuities, New £3 per Cent. Annuities, or New £2:10s. per Cent. Annuities, in the name of the official liquidator, or in the purchase of exchequer bills. All such investments shall be made by the Bank of England, upon a request signed by the official liquidator and countersigned by the chief clerk of the judge, and which request shall be a sufficient authority for debiting the account with the purchase-money; and such exchequer bills, and in case of an exchange thereof any new exchequer bills, shall be retained by or deposited with the Bank of England, in the name and on behalf of the official liquidator; and such annuities or exchequer bills shall not afterwards be sold or transferred or otherwise dealt with except upon a direction for that purpose, signed by the official liquidator and countersigned by the chief clerk of the judge, or under an order to be made by the judge. 44. All dividends and interest to accrue due upon any such annuities shall from time to time be received by the Bank of England, under a power of attorney to be executed by the official liquidator, and placed to the credit of the account of such official liquidator; and such of the exchequer bills as shall from time to time be in course of payment shall be delivered by the Bank of England to one of their cashiers, who is to receive the interest due thereon, and exchange the same for new bills, in case such new bills are issued, or otherwise to receive the principal and interest due on such of the said bills so in course of payment as cannot be exchanged, and pay the said interest, or principal and interest, as the case may be, into the Bank of England to the credit of the account of the official liquidator of the company. Meetings of Creditors or Contributories. 45. When the judge shall direct a meeting of the creditors or contributories of the company to be summoned under the 91st or 149th section of the said act, the official liquidator shall give notice in writing, seven clear days before the day appointed for such meeting, to every creditor or contributory, of the time and place appointed for such meeting and of the matter upon which the judge desires to ascertain the wishes of the creditors or contributories; or, if the judge shall so direct, such notice may be given by advertisement, in which case the object of the meeting need not be stated, and it shall not be necessary to insert such advertisement in the "London Gazette." 46. The votes of the creditors or contributories of the company at any meeting summoned by the direction of the judge may be given either personally or by proxy; but no creditor shall appoint a proxy who is not a creditor of the company whose debt or claim has been allowed, and no contributory shall appoint a proxy who is not a contributory of the company. 47. The direction of the judge for any meeting of creditors or contributories under the 91st or 149th section of the said act, and the appointment of a person to act as chairman of any such meeting, shall be testified by a memorandum signed by the chief clerk of the judge. Direction or Sanction of the Judge. 48. The sanction of the judge to the drawing, accepting, making and endorsing of any bill of exchange or promissory note by any official`liquidator, shall be testified by a memorandum on such bill of exchange or promissory note, signed by the chief clerk of the judge. 49. Every application for the sanction of the judge to a compromise with any contributory or other person indebted to the company shall be supported by the affidavit of the official liquidator that he has investigated the affairs of such contributory or person, and stating his belief that the proposed compromise will be beneficial to the company, and his reasons for such belief; and the sanction of the judge thereto shall be testified by a memorandum, signed by the chief clerk of the judge, on the agreement of compromise, unless any party shall desire to appeal from the decision of the judge, in which case an order shall be drawn up for that purpose. 50. The direction or sanction of the judge for any other proceeding or act to be taken or done by the official liquidator shall be obtained upon summons, and an order shall be drawn up thereon, unless the judge shall otherwise direct. Applications to the Court or Judge under sects. 137, 138, 141, 167 and 168 of the Act. 51. Every application under the 137th, 138th or 141st section of the said act shall be made by petition or motion, or if the judge shall so direct, by summons at chambers; and every application under the 167th or 168th section of the said act shall be made by petition. Orders. 52. All orders made in chambers shall be drawn up in chambers, unless specially directed to be drawn up by the registrar, and shall be entered in the same manner, and in the same office, as other orders made in chambers. Advertisements. 53. When an advertisement is required for any purpose, except where otherwise directed by these rules, the advertisement shall be inserted once in the "London Gazette," and in such other newspaper or newspapers, and for such number of times as may be directed. The judge may, in such cases as he shall think fit, dispense with any advertisement required by these rules. Admission of Documents. 54. Any party to any proceeding in court or chambers relating to the winding-up of a company may, by notice in writing in the form No. 6, in schedule (N) to the Consolidated General Orders, or to the like effect, call on any other party thereto competent to admit the same, to admit any document, saving all just exceptions; and in case of refusal or neglect so to admit, the costs of proving such document shall be paid by the party so refusing or neglecting, unless the judge shall be of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice shall have been given, except in cases where the omission to give such notice has been, in the opinion of the taxing master, a saving of expense. Affidavits. 55. Where an order shall have been made for the winding-up of any company, any person intending to use any affidavit in any proceeding under such order shall file the same in the Record and Writ Clerk's Office, and give notice thereof to the official liquidator. The person, other than the official liquidator, filing the affidavit shall not be required to take an office copy thereof, but an office copy thereof shall be taken by the official liquidator, and he shall produce the same at the hearing of any application or proceeding upon which it is intended to be used, unless the judge shall otherwise direct. Certificate of Chief Clerk. 56. The 48th, 49th, 50th, 51st, 52nd and 55th rules of the 35th of the Consolidated General Orders shall apply to all certificates of the chief clerk P.N. X X in the matter of the winding-up of any company; nevertheless, certificates on passing the official liquidator's accounts may be approved and signed by the judge without delay, and upon being so signed, shall be filed and forthwith acted upon. Register and File of Proceedings. 57. A register shall be kept of all proceedings in the judge's chambers, in each matter, in the same manner as required by the 57th Rule of the 35th of the Consolidated General Orders, and no documents or proceedings are to be filed in the judge's chambers, unless the judge shall otherwise direct. 58. All orders, exhibits, admissions, memorandums and office copies of affidavits, examinations, depositions and certificates, and all other documents relating to the winding-up of any company, shall be filed by the official liquidator, as far as may be, in one continuous file, and such file shall be kept by him, or otherwise, as the judge may from time to time direct. Every contributory of the company, and every creditor there of whose debt or claim has been allowed, shall be entitled, at all reasonable times, to inspect such file free of charge, and, at his own expense, to take copies or extracts from any of the documents comprised therein, or to be furnished with such copies or extracts at a rate not exceeding three-halfpence per folio of seventy-two words; and such file shall be produced in court, or before the judge, and otherwise, as occasion may require. Provisional Official Liquidators. 59. All the above rules relating to official liquidators shall, so far as the same are applicable, and subject to the directions of the judge in each case, apply to provisional official liquidators. Attendance and Appearance of Parties. 60. Every person, for the time being, on the list of contributories of the company, left at the chambers of the judge by the official liquidator, and every person having a debt or claim against the company, allowed by the judge, shall be at liberty, at his own expense, to attend the proceedings before the judge, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of; but if the judge shall be of opinion that the attendance of any such person upon any proceeding has occasioned any additional costs which ought not to be borne by the funds of the company, he may direct such costs, or a gross sum in lieu thereof, to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same. 61. The judge may from time to time appoint any one or more of the contributories or creditors, as he thinks fit, to represent before him, at the expense of the company, all or any class of the contributories or creditors, upon any question as to a compromise with any of the contributories or creditors, or in and about any other proceedings before him relating to the winding-up of the company, and may remove the person or persons so appointed. In case more than one person shall be so appointed, they shall unite in employing the same solicitor to represent them. 62. No contributory or creditor shall be entitled to attend any proceedings at the chambers of the judge, unless and until he has entered in a book to be kept there for that purpose his name and address, and the name ard address of his solicitor (if any), and upon any change of his address or of his solicitor, his new address, and the name and address of his new solicitor. Services of Summonses, Notices, &c. 63. Services upon contributories and creditors shall be effected (except when personal service is required) by sending the notice, or a copy of the summons or order or other proceeding, through the post in a pre-paid letter, addressed to the solicitor of the party to be served (if any) or otherwise to the party himself at the address entered or last entered pursuant to the preceding rule; or if no such entry has been made, then, if a contributory, to his last known address or place of abode; and if a creditor, to the address given by him, pursuant to the foregoing rule 20; and such notice, or copy summons, order or other proceeding, shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post-office, and notwithstanding the same may be returned by the postoffice. 64. No service under these rules shall be deemed invalid by reason that the christian name or any of the christian names of the person on whom service is sought to be made has been omitted, or designated by initial letters, in the list of contributories, or in the summons, order, notice or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient. Termination of Winding-up. 65. Upon the termination of the proceedings in chambers for the windingup of any company, a balance sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance, in such manner as the court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. 66. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the chief clerk, that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for an order that the company be dissolved from the date of such order. 67. When the proceedings for winding-up any company have been completed, the file of proceedings, and the book containing the official liquidator's account, shall be deposited in the Record and Writ Clerks' Office. Duties of Solicitor of Official Liquidator. 68. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the court; and where the attendance of his solicitor is required on any proceeding in court or chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend. Forms. 69. The forms set forth or referred to in the third schedule to these orders, with the variations as the circumstances of each case require, may be used for the respective purposes mentioned in such schedule. Fees of Court and Fees to Counsel, &c. (See next page.) Taxation of Costs. 72. Where an order is made in court or chambers for payment of any costs, the order shall direct the taxation thereof by the taxing master; except in cases where a gross sum in lieu of taxed costs is fixed by the order, in accordance with the 37th rule of the 40th of the Consolidated General Orders. ORDER by Commissioners of Treasury under "The Companies Act, 1867," regulating Fees to Officers. For every summons.. For every order For every office copy of order For every advertisement For every certificate.. Registrars' Fees. .. For filing every affidavit or statement on affirmation, declaration, or attestation upon honor.. For every sitting by the registrar When the sitting is longer than an hour, then for every additional hour or part thereof High Bailiffs' Fees. 200000 Same fees for service and execution as in equitable matters. s. d. 3 0 5 520 1 0 0 050 01 6 0 10 0 070 FEES to COUNSEL and ATTORNEYS under "The Companies Act, 1867." Attorneys shall be entitled to charge and be allowed in proceedings under "The Industrial and Provident Societies Act, 1862," and in proceedings transferred to a county court under "The Companies Act, 1867," the same costs and charges as they would be allowed in the Court of Chancery, except that where the amount of the subscribed capital of the society or company shall not exceed 2,000, they shall be allowed such costs and charges according to the lower scale authorized by the second rule of the 38th Consolidated General Orders of the Court of Chancery. This scale was framed under sect. 45 of the above act, 30 & 31 Vict. c. 131. |