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made by one court is required to be enforced by dealing with another court, as hereinbefore provided, an office orders to be copy of the order, interlocutor or decree so made other shall be produced to the proper officer of the court required to enforce the same, and the production of such office copy shall be sufficient evidence of such order, interlocutor or decree having been made, and thereupon such last-mentioned court shall take such steps in the matter as may be requisite for enforcing such order, interlocutor or decree, in the same manner as if it were the order, interlocutor or decree of the court enforcing the same.
(d) See 21 & 22 Vict. c. 60, s. 13.
124. Rehearings of and appeals from any order Appeals or decision made or given in the matter of the from winding-up of a company by any court having jurisdiction under this act, may be had in the same manner and subject to the same conditions in and subject to which appeals may be had from any order or decision of the same court in cases within its ordinary jurisdiction; subject to this restriction, that no such rehearing or appeal shall be heard unless notice of the same is given within three weeks after any order complained of has been made (b) in manner in which notices of appeal are ordinarily given, according to the practice of the court appealed from, unless such time is extended by the court of appeal (c): provided that it shall be lawful for the lord warden of the stannaries, by a special or general order, to remit at once any appeal allowed and regularly lodged with him against any order or decision of the vice-warden made in the matter of a winding-up to the court of appeal in chancery, which court shall thereupon hear and determine such appeal, and have power to require all such certificates of the vice-warden, records of proceedings below, documents and papers as the lord warden would or might have required upon the hearing of such appeal, and to exercise all other the jurisdiction and powers of the lord warden
specified in the act of parliament passed in the eighteenth year of the reign of her present Majesty, chapter thirty-two, and any order so made by the court of appeal in chancery shall be final, without any further appeal.
(a) See 11 & 12 Vict. c. 45, ss. 101, 102; 12 & 13 Vict. c. 108, s. 33. By the 102nd section of the act 11 & 12 Vict. c. 45, s. 102, there was an appeal to the House of Lords from all orders to be made by the court under that act.
(b) The 33rd section, 12 & 13 Vict. c. 108, which provides that no notice of motion for a re-hearing shall be given after the expiration of three weeks after the order complained of shall have been made, was held to apply to the time at which the order was pronounced by the judge, and not to the time at which the order was drawn up. Re Risca Coal and Iron Company, 31 L. J., Ch. 429. That section was retrospective, and where notice of a motion of rehearing of an order made before the passing of that act had not been served within the time limited by that section the court refused to hear the application. Ex parte Sanderson, Re North of England Joint Stock Banking Company, 1 Hall & T. 486; 1 Mac. & G. 306.
An order having been made for winding-up a company by consent between the solicitors for the official liquidators, and the petitioners, two contributories, who were not before the court when the order was made, applied after the expiration of twenty-one days from the date of the order, praying that such order might be discharged or varied or the petition itself re-heard it was held, first, that although the order might have been made by consent, that did not preclude the contributories who were not before the court from the making such application; secondly, that their not being parties to the order formed no objection; thirdly, that the period of twentyone days did not apply to applications to discharge or vary a winding-up order: and fourthly, that leave was not required for an application to re-hear, vary or discharge an order of this nature. Re the Anglo Californian Gold Mining Company, 31 L. J., Ch. 238; 10 W. R. 127.
(c) This part of the section is imperative. Ex parte Green, 24 L. J., Ch. 331.
The restriction as to the time of appealing under the Winding-up Act of 1848 does not apply to an appeal from an order on the ground of want of jurisdiction to make it. Re Plumstead, Woolwich and Charlton Consumers' Pure Water Company, 2 De G., F. & J. 20; 28 Beav. 545.
A creditors' representative, having been served with a petition of appeal, must be paid his costs by the appellant, who was ordered to pay those of the official manager. Ex parte Costello, Re Mexican and South American Company, 30 L. J., Ch. 113-L. J.; see ante, pp. 150, 151.
Where a creditors' representative appears on an appeal he is entitled to his costs out of the estate. Ex parte Budd, 31 L. J., Ch. 4; 10 W. R. 51—L. J.; see ante, p. 149.
notice to be
125. In all proceedings under this part of this Judicial act, all courts, judges and persons judicially acting, taken of and all other officers, judicial or ministerial, of any signature of court, or employed in enforcing the process of any court, shall take judicial notice of the signature of any officer of the Courts of Chancery or Bankruptcy in England or in Ireland, or of the Court of Session in Scotland, or of the registrar of the court of the vice-warden of the stannaries, and also of the official seal or stamp of the several offices of the Courts of Chancery or Bankruptcy in England or Ireland, or of the Court of Sessions in Scotland, or of the court of the vice-warden of the stannaries, when such seal or stamp is appended to or impressed on any document made, issued or signed under the provisions of this part of the act, or any official copy thereof.
(a) See 11 & 12 Vict. c. 45, s. 111.
126. The commissioners of the Court of Bank- Special comruptcy and the judges of the county courts in Eng for receiving land who sit at places more than twenty miles from evidence (b). the General Post Office, and the commissioners of bankrupt and the assistant barristers and recorders in Ireland, and the sheriffs of counties in Scotland, shall be commissioners for the purpose of taking evidence under this act in cases where any company is wound-up in any part of the united kingdom, and it shall be lawful for the court to refer the whole or any part of the examination of any witnesses under this act to any person hereby appointed commissioner, although such commissioner is out of the jurisdiction of the court that made the order or decree for winding-up the company; and every such commissioner shall, in addition to any power of summoning and examining witnesses, and requiring the production or delivery of documents, and certifying and punishing defaults by witnesses, which he might lawfully exercise as a commissioner
order the ex
of the Court of Bankruptcy, judge of a county court, commissioner of bankrupt, assistant barrister or recorder or as a sheriff of a county, have in the matter so referred to him all the same powers of summoning and examining witnesses, and requiring the production or delivery of documents, and punishing defaults by witnesses, and allowing costs and charges and expenses to witnesses, as the court which made the order for winding-up the company has; and the examination so taken shall be returned or reported to such last-mentioned conrt in such manner as it directs.
(b) See 19 & 20 Vict. c. 47, s. 101; 12 & 13 Vict. c. 108, s. 20. The 12 & 13 Vict. c. 106, s. 4, provided that nothing therein contained should affect the provisions of the "Joint Stock Companies Winding-up Act, 1848," or any act amend. ing such act, except so far as regarded the abolition of the fiat in bankruptcy and the substitution of a petition for adjudication of bankruptcy.
127. The court may direct the examination in amination of Scotland of any person for the time being in Scotland, whether a contributory of the company or not, in regard to the estate, dealings or affairs of any company in the course of being wound-up, or in regard to the estate, dealings or affairs of any person being a contributory to the company, so far as the company may be interested therein by reason of his being such contributory, and the order or commission to take such examination shall be directed to the sheriff of the county in which the person to be examined is residing or happens to be for the time, and the sheriff shall summon such person to appear before him at a time and place to be specified in the summons for examination upon oath as a witness or as a haver, and to produce any books, papers, deeds or documents called for which may be in his possession or power, and the sheriff may take such examination either orally or upon written interrogatories, and shall report the same in writing in the usual form to the court, and shall transmit with such report the books, papers, deeds or docu
ments produced, if the originals thereof are required and specified by the order, or otherwise such copies thereof or extracts therefrom, authenticated by the sheriff, as may be necessary; and in case any person so summoned fails to appear at the time and place specified, or appearing refuses to be examined or to make the production required, the sheriff shall proceed against such person as a witness or haver duly cited, and failing to appear or refusing to give evidence or make production may be proceeded against by the law of Scotland; and the sheriff shall be entitled to such and the like fees, and the witness shall be entitled to such and the like allowances, as sheriffs when acting as commissioners under appointment from the Court of Session and as witnesses and havers are entitled to in the like cases according to the law and practice of Scotland: if any objection is stated to the sheriff by the witness, either on the ground of his incompetency as a witness, or as to the production required to be made, or on any other ground whatever, the sheriff may, if he thinks fit, report such objection to the court, and suspend the examination of such witness until such objection has been disposed of by the court.
(a) See 12 & 13 Vict. c. 108, s. 21.
&c. may be
128. Any affidavit, affirmation or declaration Affidavits, required to be sworn or made, under the provisions sworn in or for the purposes of this part of this act, may be Ireland, lawfully sworn or made in Great Britain or Ire- the colonies land, or in any colony, island, plantation or place before any under the dominion of her Majesty in foreign parts, court or before any court, judge or person lawfully autho- person (b). rized to take and receive affidavits, affirmations or declarations, or before any of her Majesty's consuls or vice-consuls, in any foreign parts out of her Majesty's dominions, and all courts, judges, justices, commissioners and persons acting judicially shall take judicial notice of the seal or stamp or signature (as the case may be) of any such court, judge, person, consul or vice-consul attached, ap