10. MASTER'S DIRECTION TO OFFICIAL TRUSTEE TO BRING ACTION AGAINST DIFFERENT DEBTORS TO COMPANY.

In the matter of the Joint Stock Companies' Winding-up Act, 1848, and of

the

I, [X.Y.], Esquire, the Master, &c.,

Company.

on application this day made to me by [A. B.] the Official Trustee, do hereby authorize and direct the said [A. B.] to proceed by Action at law against the undermentioned parties for the sums set opposite to their respective names.

[G.] [H.] [I.]

£.

11. ORDER FOR PAYMENT OF BALANCE BY CONTRIBUTOries.

[Tuesday] the

day of

In the matter of the Joint Stock Companies' Winding up Act, 1848, and of

the

I, [X. Y. Esquire,] the Master, &c.,

Company.

parties, named in the Schedule hereto do forthwith [or, within

after notice hereof] at

Do order that the several days pay to the Official Trustee of this Company, the several sums of money set opposite their respective names, in the said Schedule; such several sums being the Balances respectively now appearing due from the said several parties on their respective accounts with the said Company.

12. ADVERTISEMENT FOR CREDITORS.

In the matter of the Joint Stock Companies' Winding up Act, 1848, and of

NOTICE is hereby given, that all parties claiming to be Creditors of this Company are to come in and prove their debts before [X. Y., Esquire,] the Master of the High Court of Chancery, charged with the winding up of the said Company, at his Chambers, in Southampton-buildings, Chancery-lane, and until they shall so come in, they will be precluded from commencing or prosecuting any proceeding for recovery of their debts.

13. ADVERTISEMENT THAT THE MASTER IS SETTLING LIST OF CONTRIBUTORIES. In the matter of the Joint Stock Companies' Winding-up Act, 1848, and of the

next, at

Company.

By direction of [X. Y.]. Esquire, the Master of the High Court of Chancery, charged with the winding up of this Company, Notice is hereby given, that the said Master will proceed on o'clock in the forenoon, at his Chambers in Southampton-buildings, Chancery-lane, London, to settle the List of Contributories of this Company, and that after such list shall have been settled no party affected thereby will be allowed to dispute the same without leave of the High Court cf Chancery first obtained.

140.

F 3

14. ADVERTISEMENT

14. ADVERTISEMENT OF INTENDED CALL.

In the matter of the Joint Stock Companies' Winding-up Act, 1848, and of

By direction of [X. Y., Esquire], the Master of the High Court of Chancery, charged with the winding up of this Company, Notice is hereby given, that the said Master purposes o'clock in the forenoon, at his Chambers,

on

next, at

in Southampton-buildings, Chancery-lane, London, to proceed to make a Call on all the Contributories of the said Company [or, on some special or particular class of them, as the case may be, e.g. "on all those Contributories of the said Company who, having once been shareholders, had sold or transferred their shares within three years previous to the day of 18"], and that the Master purposes that such

call shall be for £.

per share.

All persons interested are entitled to attend at such day, hour and place, to offer objections to such Call.

In the matter of the Joint Stock Companies' Winding-up Act, 1848, and of

I, [X. Y., Esquire], the Master of the High Court of Chancery, charged with the winding up of this Company, Do peremptorily order that a Call of [One Pound] per share be made on all the Contributories of this Company [or, as the case may be], and I do peremptorily order each Contributory, on the day of

at

o'clock in the forenoon, at [my Chambers, in Southampton-buildings, Chancerylane, London], to pay to the Official Trustee of this Company the balance, if any, which will be due from him after debiting his account in the Company's books with such Call.

I, [X. Y.] the Master of the High Court of Chancery, charged with the winding up of this Company, being desirous of having the following questions of fact decided by a Jury; namely, First. Whether, &c.

Second. Whether, &c.

Do order as follows; (that is to say) I order that a Writ of Summons be issued
out of Her Majesty's Court of
at Westminster,

by [A. B.] against [C. D.], pursuant to the provisions of the statute in that case
made and provided; and I do order that the parties proceed to a trial under the
Isaid Writ of Summons at the next Assizes for

and I do order that [.A B.] be the affirmant in the first of the said Issues, and that
[C. D.] be the affirmant in the second of the said Issues; and I do order that the said
Issues be tried at the next Assizes at
and that [A. B.] be at liberty,

if he shall think fit, to examine [E. F.] one of the Contributories of the said
Company as a witness upon the trial of the said Issues; and I do order that
[E. F.] do attend and be examined accordingly upon receiving notice that [A. B.] intends
to avail himself of the liberty hereby given; and I do order that [A. B.] and [C. D.] and
the Official Trustee of the
Company, produce at the trial of the said
Issues for all necessary purposes as [A. B.] or [C. D.] shall respectively require, all the
documents relating to [the affairs of the said Company] in their respective possession or
power; and both parties are to admit upon the trial of such Issues that such documents
as shall be produced by the said Official Trustee are the documents of the said Company.

JOINT STOCK COMPANIES BILL

[AS AMENDED BY THE COMMITTEE, AND ON RE-COMMITMENT.]

SUMMARY, AND TABLE OF CONTENTS.

SUMMARY.

Sect.

Preamble.

1-3. Preliminaries.

4-12. The Petition, and Proceedings thereon.

13-19. The Order Absolute, and Proceedings thereon,

20-35. The appointment of official Trustee, his Estate, Powers, Duties, &c.

36-48. General course of Proceeding under Winding-up.

49-61. Actions and Suits by and against the Company and its Contributories. 62-69. Ascertaining and getting in the Estate.

70-74. Proof of Debts, &c.

75-80. The List of Contributories, and their mutual Rights.

81-89. Payment of Debts, Calls and distribution of Funds. 90-97. Powers of Master.

98-101. Appeals and Special Reports.

102-106. Costs and Fees.

107-113. Services, Evidence and Penalties.

114-120. Questions of Jurisdiction and Practice.

121-126. Miscellaneous.

SCHEDULE.

TABLE OF CONTENTS.

Preamble (refers to 7 & 8 Vict. c. 111, and 8 & 9 Vict. c. 98, for facilitating the Windingup of the Affairs of Joint Stock Companies unable to meet their Pecuniary Engagements in England and Ireland respectively; to 9 & 10 Vict. c. 28, to facilitate the Dissolution of certain Railway Companies.)

Preliminaries:

Sect. 1. To what Companies Act is to apply; (i. e. Companies within two first-mentioned Acts, or which would have been within, if not dissolved when they were passed; Banking Companies which would have been within, if not specially excepted from the Joint Stock Companies Registration Act, 7 & 8 Vict. c. 110; Railway Companies under 9 & 10 Vict. c. 28, become bankrupt before the and future Companies with

"

"

transferable Shares.)

day of

2. Interpretation; (Company, member, constitution of a Company, contributory, call, creditor, person, month, the Court, Master, fiat, and Court of Bankruptcy, order absolute; singular and plural, &c.)

3. Short Title of Act (Joint Stock Companies Winding-up Act, 1848).