Gazetting in a Winding up by the Court.

notices.

192.-(1) All notices subsequent to the making by the court of a Gazetting winding-up order in pursuance of the Acts or the rules requiring publication in the London Gazette shall be gazetted by the Board of Trade.

(2) Where any winding-up order is amended, and also in any case in which any matter which has been gazetted has been amended or altered, or in which a matter has been wrongly or inaccurately gazetted, the Board of Trade shall re-gazette such order or matter with the necessary amendments and alterations in the prescribed form, at the expense of the company's as sets, or otherwise as the Board of Trade may direct.

Form 103.

andum of

193. (1) Whenever the London Gazette contains any ad- Filing vertisement relating to any winding-up proceedings the official memorreceiver or liquidator as the case may be shall file with the pro- Gazette ceedings a memorandum referring to and giving the date of the notices. advertisement.

(2) In the case of an advertisement in a local paper, the official receiver or liquidator as the case may be shall keep a copy of the paper. and a memorandum referring to and giving the date of the advertisement shall be placed on the file.

(3) For this purpose one copy of each local paper in which any advertisement relating to any winding-up proceeding in the court is inserted, shall be left with the official receiver or liquidator as the case may be by the person who inserts the advertisement.

(4) A memorandum under this rule shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Gazette or newspaper mentioned in it.

Arrests and Commitments.

Form 104.

may be ad

194. A warrant of arrest, or any other warrant issued under To whom the provisions of the Acts and rules, may be addressed to such warrants officer of the court, or to such high bailiff or officer of any dressed. County Court, whether such County Court has jurisdiction to wind up a company or not, as the court may in each case direct.

person

195. Where the court issues a warrant for the arrest of a Prison to person under any of the provisions of the Acts or rules, the which prison (to be named in the warrant of arrest) to which the arrested person shall be committed shall, unless the court shall otherwise on warrant order, be the prison used by the court in cases of orders of com- is to be mitment made in the exercise by the court of its ordinary jurisdiction.

taken.

of arrest

196. Where a warrant for the arrest of a person has been Execution issued by a court other than the High Court under any of the of warrants provisions of the Acts and rules, the high bailiff of the court, outside or other officer of the court to whom the warrant is addressed, ordinary may send the warrant of arrest to the registrar of any other jurisdiccourt (other than the High Court) within the ordinary jurisdiction tion of

court.

and 106.

or district of which such person shall then be or be believed to Forms 105 be, with a warrant annexed thereto under the hand of the high bailiff or officer and seal of the court from which the warrant originally issued, requiring execution of the warrant by the court to which it is so sent; and the registrar of the last mentioned court shall seal or stamp the warrant with the seal of his court, and issue the same to the high bailiff or other proper officer of his court, with an endorsement thereon in the Form 106; and thereupon such last mentioned high bailiff or officer may, and shall in all respects, execute the said warrant according to the requirements thereof, and all constables and peace officers shall aid and assist within their respective districts in the execution of such warrant.

Prison to which a

be con

197.-(1) Where a person is arrested under a warrant of commitment issued under any of the provisions of the Acts and person ar- rules, other than sections 115 and 113 of the Companies Act, rested is to 1862, and Rule 69 of the Rules, he shall be forthwith conveyed veyed, and in custody of the bailiff or officer apprehending him to the production prison of the court within the ordinary jurisdiction of which he is apprehended, and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged by the order of the court which originally issued the warrant of commitment, or otherwise by law.

and cus

tody of persons arrested.

Board of Trade ders.

(2) Where a person is arrested under a warrant, issued under section 115 or section 113 of the Companies Act, 1862, or under Rule 69 of the Rules, he shall be forthwith conveyed in custody of the bailiff or officer apprehending him to the prison of the court within the ordinary jurisdiction of which he is apprehended; and the governor or keeper of such prison shall produce such person before the court as it may from time to time direct, and shall safely keep him until such time as the court shall otherwise order, or such person shall be otherwise discharged by law. Provided that where any such person is conveyed to a prison other than the prison used by the court which originally issued the warrant in cases of orders of commitment made by such court in the exercise of its ordinary jurisdiction, the court may by order direct such person to be transferred to such last mentioned prison; and on receipt of such order the governor or keeper of the prison to which such person has been conveyed, shall cause such person to be conveyed in proper custody to the prison mentioned in such order, and the governor or keeper of such last mentioned prison shall, on production of such order and of the warrant of arrest, receive such person, and shall produce him before the court, as it may from time to time direct, and shall safely keep him until such time as the court shall otherwise order, or such person shall be otherwise discharged by law.

Miscellaneous Matters.

198. The Board of Trade may from time to time issue general orders or regulations for the purpose of regulating any matters

under the Act or the rules which are of an administrative and not of a judicial character. Judicial notice shall be taken of any general orders or regulations which are printed by the King's printers, and purport to be issued under the authority of the Board of Trade.

ment or

199. The court may, in any case in which it shall see fit, ex- Enlargetend or abridge the time appointed by the rules or fixed by any abridgorder of the court for doing any act or taking any proceeding. ment of 200.-(1) No proceedings under the Acts or the rules shall be time. invalidated by any formal defect or by any irregularity, unless Formal dethe court before which an objection is made to the proceeding is fect not to of opinion that substantial injustice has been caused by the de- proceedfect or irregularity, and that the injustice cannot be remedied ings. by any order of that court.

(2) No defect or irregularity in the appointment or election of a receiver, liquidator, or member of a Committee of Inspection shall vitiate any act done by him in good faith.

invalidate

201. In all proceedings in or before the court, or any judge, Applicaregistrar, or officer thereof, or over which the court has jurisdiction tion of under the Acts and rules, where no other provision is made by the existing procedure. Acts or rules, the practice procedure and regulations shall, unless the court otherwise in any special case directs, in the High Court be in accordance with the rules of the Supreme Court and practice of the High Court, and in a Palatine Court and County Court in accordance, as far as practicable, with the existing rules and practice of the court in proceedings for the administration of assets by the court.

202. The provisions of Rule 2 of the Rules of the Supreme Court, Petitions 1887, relating to petitions in the district registries of Liverpool in Liverand Manchester, shall apply to petitions presented in those pool and registries under the Acts and rules.

Manchester district

203. The rules and orders specified in the schedule hereto and registries. the forms thereby prescribed are hereby revoked and annulled to Annulthe extent mentioned in such schedule, provided that such revo- ment. cation and annulment shall not prejudice or affect anything done or suffered before the date on which these rules come into operation under and rule or order which is hereby revoked and annulled and that no rule or practice which was annulled or repealed by the said rules and orders shall be revived by reason of the revocation and annulment hereby effected.

204. These rules may be cited as the Companies (Winding-up) Short title Rules, 1903. They shall come into operation on the 1st day of and comJanuary, 1904.

I concur,

(Signed)

HALSBURY, C.

mencement.

The 18th of December, 1903.

G. W. BALFOUR,
President of the Board of Trade.

SCHEDULE.

Orders and Rules Revoked and Annulled.

1. The General Order of the Court of Chancery of the 11th of November, 1862 (except as to winding-up matters commenced before the 1st day of January, 1891).

2. The Companies (Winding-up) Rules, 1890.

3. The Companies (Winding-up) Rules of 30th April, 1891. 4. The Companies (Winding-up) Rules, 1892.

5. The Companies (Winding-up) Rules, August, 1892. 6. The Companies (Winding-up) Rule, 3rd December, 1892. 7. The Companies (Winding-up) Rules, 29th March, 1893. 8. The Companies (Winding-up) Rules, 2nd April, 1895. 9. The Companies (Winding-up) Rule, November, 1895. 10. The Companies (Winding-up) Rule, 19th May, 1896. 11. The Companies (Winding-up) Rules, 1899.

12. The Companies (Winding-up) Rule, 1902.

INDEX.

A.

ABSTRACT OF RECEIPTS AND PAYMENTS,

before statutory meeting, to appear in report, 272.

ACCESS

of receiver or manager in possession, to be filed, 283.

to books, etc., of company, auditors to have, 270.

ACCOUNTS

of banking company with branches outside Europe, 165.

of company to be accessible to auditors, 235.

auditors to report to shareholders on, 235.

to show payments of interest out of capital, 259.
to be evidence of certain facts in winding up, 63.
disposal of, on dissolution of company, 63.

provisions in Table A (revised), as to, 117, 118.
of banking company having branches outside Europe, 165.
of liquidators, to be evidence in winding up, 63.

disposal of, on dissolution of company, 63.

to be audited, 193.

of receipts, etc., in winding up, Board of Trade to keep, 192. ACCUMULATED PROFITS,

capital may be reduced by return of, 168.

amount thereof to be stated in statement of account, 169.

ACTION,

restrictions on beginning, after winding up commenced, 37

88.

or proceeding with, 37, 84, 88. liquidator may bring or defend, in company's name, 40. limited company may be ordered to give security for costs when plaintiff in, 30.

company not registered as required cannot be plaintiff in,

ADDRESS

but may be defendant in, 91.

of company, to be at its registered office, 18.

91.

established outside, and trading within United Kingdom, 279,

of member, provisions in Table A (revised), as to, 119.