Page images
PDF
EPUB

on, charging the sum of £, stock (describe the stock), standing in the books of the Governor and Company of the Bank of England in the names of E. F. and G. H. (as the case may be), and the dividends payable thereon, with the payment of the sum of £, be discharged [or varied by, stating in what respect]. [And that the costs of the application be ·]

[blocks in formation]

11. Order Absolute when the Judgment Debtor appears to Show Cause (g). [Title, &c., of action as usual.]

day of

Upon hearing the [solicitors] on both sides, and upon reading the affidavits of A. B. and C. D., filed the 19—, and an order nisi made herein on the day of, 19-, reciting the affidavit of whereby it appeared that the plaintiff recovered a judgment against the defendant on the day of 19-, for the sum of £- and £

:

9

costs, that the said defendant is still indebted to the plaintiff in the said sums so recovered, and that there is standing in [&c., follow the terms of the order nisi] It is ordered that the defendant's interest in the said stock [or shares] so standing as aforesaid stand charged with the payment of the above-mentioned amount due on the said judgment [and interest thereon at the rate of £4 per centum per annum from the date of the said judgment until payment] [and that the costs of this application be]. Dated the day of 19-.

[ocr errors]

12. The like, when the Judgment Debtor does not appear.

[Title, &c., as usual.]

Upon hearing the [solicitor] for [the plaintiff A. B.,] and upon reading the affidavit of X. Y. and the order nisi [&c., conclude as in preceding form].

13. Affidavit as to Stock under Ord. XLVI., r. 4 (h).

In the High Court of Justice.

King's Bench Division.

In the matter of [state the nature of the document comprising the stock, and add the date and other particulars, so far as known to the deponent, sufficiently to identify the document].

(9) This form is framed from that given in R. S. C., App. K., No. 28.

(h) Proceedings in lieu of Distringas.]—By R. S. C., Ord. XLVI., r. 2, "No writ of distringas shall hereafter be issued under the Act 5 Vict. c. 5, s. 5."

By r. 3, “In the following rules of this Order the expression 'company' includes the Governor and Company of the Bank of England and any other public company, whether

C.F.

31

[ocr errors]

And in the matter of the Act of Parliament, 5 Vict. c. 5. I, ——, of -, make oath and say that according to the best of my knowledge, information and belief, I am [or if the deponent be the solicitor, A. B., of is] beneficially interested* in the stock comprised in the [settlement, will, or as the case may be] above mentioned, which stock, according to the best of my knowledge and belief, now consists of the stock specified in the notice hereto annexed [marked-].

[* Where the party beneficially interested is a married woman, the affidavit must describe her as "the wife of C. B.," and must state that she is "beneficially interested by X. Y., of -, her next friend, in the stock," or "beneficially interested as to her separate estate in the stock," &c., as above. Where the party is an infant or a person of unsound mind, the affidavit must describe him as such, and must state that he is "beneficially interested by X. Y., of his next friend, in the stock," &c., as above.]

[ocr errors]

Sworn [&c., as usual]. This affidavit is filed on behalf of A. B., whose address is [state address for service (i)].

14. Notice as to Stock under Ord. XLVI. (k).

To the [here add the name of the company].

Take notice that the stock comprised in and now subject to the trusts of the [settlement, will, &c.] referred to in the affidavit to which this notice is annexed consists of the following (that is to say) [here specify the stock]. This notice is intended to stop the transfer of the stock only, and not

incorporated or not, and the expression 'stock' includes shares, securities, and dividends thereon."

Affidavit and Notice.]-By Ord. XLVI., r. 4, “Any person claiming to be interested in any stock standing in the books of a company may, on an affidavit by himself or his solicitor in the Form No. 27 in Appendix B, with such variations as circumstances may require, and on filing the same in the Central Office with a notice in the Form No. 22 in the same Appendix, with such variations as circumstances may require, and on procuring an office copy of the affidavit and a duplicate of the filed notice authenticated by the seal of the Central Office, serve the office copy and duplicate notice on the company." The above forms Nos. 13 and 14 are framed from those referred to in this rule.

(i) By r. 5, "There shall be appended to the affidavit a note stating the person on whose behalf it is filed, and to what address notices (if any) for that person are to be sent."

66

(k) Service of Notice.]—By Ord. XLVI., r. 6, “ All such notices shall be deemed to have been duly sent if sent through the post by a prepaid letter directed to that person at the address so stated or at any substituted address as hereinafter mentioned, whether the person to whom the notice is sent is living or not."

By r. 7, “The address so stated may, from time to time, be altered by the person by or on whose behalf the affidavit is filed, but no notice sent by post before the alteration to the address originally given or for the time being substituted therefor shall be affected by any subsequent alteration. Any such alteration of address may be made by service of a memorandum thereof on the company in the manner required for service of a notice under this order."

the receipt of dividends [or to stop the receipt of the dividends on the stock as well as the transfer of the stock].

[Dated.]

(Signed) A. B. (1).

15. Summons to discharge Notice (m).

[Title as in the affidavit, form No. 13.]

19-, at

o'clock in the

day, the

-noon, on the hearing of

Let all parties concerned attend the Master in Chambers on day of

(1) The deponent must sign the notice to be served, as well as the notice to be filed. Effect of Service of Copy Affidavit and Notice.]—By Ord. XLVI., r. 8, "The service of the office copy of the affidavit and of the duplicate of the filed notice shall have the same force and effect against the company as a writ of distringas duly issued under the Act 5 Vict. c. 5, s. 5, would have had against the Bank of England if these rules had not been made."

By r. 10, "If, whilst a notice filed under Rule 4 of this Order continues in force, the company on whom it is served receive from the person in whose name the stock specified in the notice is standing, or from some person acting on his behalf or representing him, a request to permit the stock to be transferred or to pay the dividends thereon, the company shall not, by force or in consequence of the service of the notice, be authorized, without the order of the Court or a Judge, to refuse to permit the transfer to be made or to withhold the payment of the dividends for more than eight days after the date of the request."

Amendment of Notice.]-By Ord. XLVI., r. 11, "If the person who files a notice under Rule 4 of this Order desires to correct the description of the stock referred to in the filed notice, he may file an amended notice and serve on the company a duplicate thereof sealed with the seal of the Central Office, and in that case the service of the notice shall be deemed to have been made on the day on which the amended duplicate is so served." As to amendment of the address, see r. 7, ante.

Renewal of Notice.]-By r. 14, " Any person who, under Ord. XLVI. of the Rules of the Supreme Court, 1880, may have served in the manner thereby prescribed a notice, operating in lieu of a writ of distringas, which at the time of making this present rule may be still in force, may at any time during the currency thereof file in the Central Office, without any affidavit in support thereof, a further notice under his hand, stating that the same shall thenceforth have effect without any further renewal, in the same manner as if it had been a notice filed in the Central Office on affidavit under Ord. XLVI., rr. 4 and 5, of the Rules of the Supreme Court, 1883, and serve a duplicate of such notice under the seal of the Central Office upon the company upon which such first-mentioned notice was served; and the service of the duplicate of such notice so filed shall have the same effect as a writ of distringas duly issued under the Act 5 Vict. c. 5, s. 5, would have had against the Bank of England."

(m) Withdrawal and Discharge of Notice.]- By Ord. XLVI., r. 9, "A notice filed under Rule 4 of this Order may at any time be withdrawn by the person by whom or on whose behalf it was given on a written request signed by him, or its operation may be made to cease by an order to be obtained by motion on notice or by petition or by summons at Chambers duly served by any other person claiming to be interested in the stock sought to be affected by the notice."

Moneys or Securities in Court.]—By r. 12, "Where any moneys or securities are in Court to the general credit of any cause or matter, or to the account of any class of persons, and an order is made to prevent the transfer or payment of such moneys or securities, or any part thereof, without notice to the assignee of any person entitled in expectancy or otherwise to any share or portion of such moneys or securities, the person by whom any such order shall be obtained on the shares of such moneys or securities

day of

an application on the part of X. Y. [the applicant] for an order that the operation of the notice filed on the 19-, by -, pursuant to the R. S. C., Ord. XLVI., r. 4, with reference to the stock comprised in the [settlement, will, &c., as the case may be] above mentioned do cease.

[The application must be supported by an affidavit of the facts on which it is founded.]

affected by such order shall be liable, at the discretion of the Court or a Judge, to pay any costs, charges and expenses which, by reason of any such order having been obtained, shall be occasioned to any party to the cause or matter, or any persons interested in any such moneys or securities."

By r. 13, "Any person presenting a petition or taking out a summons for any such order as aforesaid shall not be required to serve such petition or summons upon the parties to the cause or matter, or upon the persons interested in such parts of the moneys or securities as are not sought to be affected by any such order."

CHAPTER XIX.

REGISTRATION OF LIS PENDENS (a).

1. Application to register a Lis Pendens (b).

Land Registry, Land Charges Department.

(Land Registry fee, 12s. 6d. each name.

[blocks in formation]

Register of Lis Pendens, &c.

[blocks in formation]

Name (or Names) of the Person whose Estate is intended to be affected.

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

(a) By 2 & 3 Vict. c. 11. s. 7, no lis pendens binds a purchaser or mortgagee without express notice thereof, unless the prescribed memorandum thereof is duly registered. The registration is now made at the Office of Land Registry. The doctrine of lis pendens applies only to an action concerning land or an interest therein, and is inapplicable to personal property other than chattel interests in land (Wigram v. Buckley, [1894] 3 Ch. 483).

(b) This form and the next follow the official forms now in use, framed under the Land Charges Rules, 1889, r. 4.

(c) Registration holds good for five years from its date, and then becomes inoperative, if not renewed (2 & 3 Vict. c. 11, ss. 4, 7).

« EelmineJätka »