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Special case to be a lis pendens, and may be reregistered.

Power of court to summon persons

before it sus

pected of having pro

perty of company (a).

of the person whose estate is intended to be affected by such lis pendens, and such officer shall be entitled for any such entry to the sum of 2s. 6d. ; and the provisions thereinbefore contained in regard to the re-entering of judgments every five years, and the fee payable to the officer thereon, shall extend to every case of lis pendens which shall be registered under the provisions of that act.

By stat. 13 & 14 Vict. c. 35, s. 17, the filing of a special case under that act (which commenced on the 1st of November, 1850), and the entering of appearances thereto by the persons named as defendants therein, shall be taken to be a lis pendens, and may be registered under the provisions of that act, in like manner as any other lis pendens in a court of equity might then be so registered, and unless and until so registered, shall not bind a purchaser or mortgagee without express notice thereof.

It seems that, upon filing a bill in equity, there is a lis pendens before service of the bill, and that a general administration suit is a lis pendens as to lands afterwards sold under the decree in such suit. Drew v. Earl of Norbury, 3 Jones & L. 267; see Kinsman v. Kinsman, 1 Russ. & My. 617. The doctrine as to the effect of lis pendens on the title of a purchaser is not founded on any principles of courts of equity with regard to notice, but on the ground that it is necessary to the administration of justice that the decision of the court in a suit should be binding, not only on the litigant parties, but also on other parties deriving title from them, during the pendency of the suit, whether with notice of such pendency or not. Bellamy v. Sabine, 1 De G. & J. 566; see Culpeper v. Aston, 2 Ch. C. 115, 221; Sorrell v. Carpenter, 2 P, Wms. 482; Worsley v. Earl of Scarborough, 3 Atk. 392.

Extraordinary Powers of Court.

115. The court may, after it has made an order for winding-up the company, summon before it any officer of the company or person known or suspected to have in his possession any of the estate or effects of the company, or supposed to be indebted to the company, or any person whom the court may deem capable of giving information concerning the trade, dealings, estate or effects of the company; and the court may require any such officer or person to produce any books, papers, deeds, writings or other documents in his custody or power relating to the company (b); and if any person so summoned, after being tendered a reasonable sum for his ex

penses, refuses to come before the court at the time appointed, having no lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause such person to be apprehended, and brought before the court for examination; nevertheless, in cases where any person claims any lien on papers, deeds or writings or documents produced by him, such production shall be without prejudice to such lien, and the court shall have jurisdiction in the winding-up to determine all questions relating to such lien.

(a) See 11 & 12 Vict. c. 45, s. 63.

(b) See form of summons under this section, No. 54, post.

visions as to

den of the

116. If, after an order for winding-up in the court special proof the vice-warden of the stannaries, it appears court of that any person claims property in, or any lien, legal vice-waror equitable, upon any of the machinery, materials, stannaries. ores or effects on the mine or on premises occupied by the company in connexion with the mine, or to which the company was, at the time of the order, prima facie entitled, it shall be lawful for the vicewarden or the registrar to adjudicate upon such claim on interpleader in the manner provided by section eleven of the act passed in the eighteenth year of the reign of her present Majesty, chapter thirty-two (c); and any action or issue directed upon such interpleader may, if the vice-warden think fit, be tried in his court or at the assizes or the sittings in London or Middlesex, before a judge of one of the superior courts, in the manner and on the terms and conditions hereinbefore provided in the case of disputed debts and claims of creditors.

(c) By 18 Vict. c. 32, to amend and extend the Jurisdic- Interpleader tion of the Stannary Court, when any claim is made to or in in equity. respect of any goods and chattels, or the proceeds or value thereof, sold or intended to be sold under a customary decree of sale in a mining creditors' suit by any landlord for rent or other distrainable demand, or by any other person not being a party to the suit, it shall be lawful for the vice-warden to call upon the claimant, by rule or order of the court, to appear in person or by his attorney or agent in support of the same, either before the vice-warden himself or before the registrar, and



court (a).

to state the nature and particulars of his claim, who shall thereupon hear the allegations and receive the proofs offered, as well by the claimant as by the plaintiff in the suit, and if the claimant and plaintiff shall agree on the facts of the case, shall then adjudicate upon the claim, and if the said parties shall not so agree, then the disputed facts shall be ascertained by an action or issue to be tried in the vice-warden's court, in such form as the vice-warden shall direct, and the vice-warden shall then adjudicate upon the claim, and the vice-warden or registrar shall have power, with the consent of the parties so before him, their counsel, attornies or agents, to adjudicate upon and dispose of the claim in a summary manner: provided that, in all cases except in case of summary adjudication by consent, it shall be competent for the registrar, at the request of the said parties or either of them, to refer the decision of the case to the vice-warden, and the vice-warden shall in all cases of such interpleader make such other rules and orders in the matter of the said claim or adjudication as between the said parties in respect thereof, or of the costs of the proceedings, as to him shall seem fit and reasonable. 18 & 19 Vict. c. 32, s. 11.

117. The court may examine upon oath, either of parties by by word of mouth or upon written interrogatories, any person appearing or brought before them in manner aforesaid concerning the affairs, dealings, estate or effects of the company, and may reduce into writing the answers of every such person, and require him to subscribe the same.

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(a) This is the same in substance as 19 & 20 Vict. c. 45, s. 78.

118. The court may, at any time before or after it has made an order for winding-up a company, upon proof being given that there is probable cause for believing that any contributory (c) to such company is about to quit the united kingdom, or otherwise abscond, or to remove or conceal any of his goods or chattels, for the purpose of evading payment of calls, or for avoiding examination in respect of the affairs of the company, cause such contributory to be arrested, and his books, papers, monies, securities for monies, goods and chattels to be seized, and him and them to be safely kept until such time as the court may order.

(b) See 20 & 21 Vict. c. 14, s. 11.

(c) Or alleged contributory, s. 74, ante, p. 76.

court cumu

119. Any powers by this act conferred on the Powers of court shall be deemed to be in addition to and not lative. in restriction of any other powers subsisting, either at law or in equity, of instituting proceedings against any contributory or the estate of any contributory, or against any debtor of the company for the recovery of any call or other sums due from such contributory or debtor or his estate, and such proceedings may be instituted accordingly.

Enforcement of and Appeal from Orders.


120. All orders made by the Court of Chancery Power to in England or Ireland under this act may be en- orders (a). forced in the same manner in which orders of such Court of Chancery made in any suit pending therein may be enforced, and for the purposes of this part of this act the court of the vice-warden of the stannaries shall, in addition to its ordinary powers, have the same power of enforcing any orders made by it as the Court of Chancery in England has in relation to matters within the jurisdiction of such court, and for the last-mentioned purposes the jurisdiction of the vice-warden of the stannaries shall be deemed to be co-extensive in local limits with the jurisdiction of the Court of Chancery in England (b).

(a) See the latter part of sect. 60 of 19 & 20 Vict. c. 47. (b) The mode of enforcing decrees and orders in the Court of Chancery will be found in Smith's Pr. Ct. of Ch. pp. 218236, 7th ed.; Daniell's Ch. Pr., ch. xxiv. s. 7.

order con

121. Where an order, interlocutor or decree has Power to been made in Scotland for winding-up a company tributories in by the court, it shall be competent to the court in Scotland to Scotland during session, and to the Lord Ordinary pay calls (c). on the bills during vacation, on production by the liquidators of a list certified by them of the names of the contributories liable in payment of any calls which they may wish to enforce, and of the amount due by each contributory respectively, and of the date when the same became due, to pronounce

Order made

to be en

forced in

Ireland and
Scotland (a).

forthwith a decree against such contributories for payment of the sums so certified to be due by each of them respectively, with interest from the said date till payment, at the rate of five pounds per centum per annum, in the same way and to the same effect as if they had severally consented to registration for execution, on a charge of six days, of a legal obligation to pay such calls and interest; and such decree may be extracted immediately, and no suspension thereof shall be competent except on caution or consignation, unless with special leave of the court or Lord Ordinary.

(e) This is nearly the same as the 5th section, 21 & 22 Vict. c. 60.

122. Any order made by the court in England in England for or in the course of the winding-up of a company under this act shall be enforced in Scotland and Ireland in the courts that would respectively have had jurisdiction in respect of such company if the registered office of the company had been situate in Scotland or Ireland, and in the same manner in all respects as if such order had been made by the courts that are hereby required to enforce the same; and in like manner orders, interlocutors and decrees made by the court in Scotland for or in the course of the winding-up of a company shall be enforced in England and Ireland, and orders made by the court in Ireland for or in the course of winding-up a company shall be enforced in England and Scotland by the courts which would respectively have had jurisdiction in the matter of such company if the registered office of the company were situate in the division of the united kingdom where the order is required to be enforced, and in the same manner in all respects as if such order had been made by the court required to enforce the same in the case of a company within its own jurisdiction.

Mode of

(a) This section is the same in substance as the 12th section, 21 & 22 Vict. c. 60.

123. Where any order, interlocutory or decree

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