to his last known address or place of abode; and if a creditor, to the address given by him, pursuant to the foregoing rule 20; and such notice, or copy summons, order or other proceeding shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post-office, and notwithstanding the same may be returned by the post-office. (c) See sects. 62, 63, ante, p. 69; Rule 74, post. 64. No service under these rules shall be deemed invalid by reason that the christian name, or any of the christian names of the person on whom service is sought to be made, has been omitted, or designated by initial letters, in the list of contributories, or in the summons, order, notice or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient. TERMINATION OF WINDING-UP (d). 65. Upon the termination of the proceedings in chambers for the winding-up of any company, a balance sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance, in such manner as the court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. (d) See sects. 111, 112, ante, p. 159. 66. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the chief clerk, that the affairs of the company have been completely wound-up (e), and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for an order that the company be dissolved from the date of such order (f). (e) See form, No. 55, post. (f) See form, No. 53, post. 67. When the proceedings for winding-up any company have been completed, the file of proceedings, and the book containing the official liquidator's account, shall be deposited in the Record and Writ Clerks' Office. DUTIES OF SOLICITOR OF OFFICIAL LIQUIDATOR (g). 68. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the court; and where the attendance of his solicitor is required on any proceeding in court or chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend. (g) See sect. 97, ante, p. 113; form, No. 12, post. FORMS. 69. The forms set forth or referred to in the third schedule to these orders, with such variations as the circumstances of each case may require, may be used for the respective purposes mentioned in such schedule. FEES. 70. Solicitors shall be entitled to charge, and be allowed the fees set forth and referred to in the first schedule hereto, unless the court or judge shall otherwise specially direct. 71. The fees of court set forth and referred to in the second schedule hereto shall be paid in relation to proceedings in the Court of Chancery under the Companies Act, 1862, and shall be collected by means of stamps, in the manner pre scribed by the 39th of the Consolidated General Orders (h). (h) See Morgan's Chancery Acts and Orders, pp. 554556. TAXATION OF COSTS. 72. Where an order is made in court or chambers for payment of any costs, the order shall direct the taxation thereof by the taxing master; except in cases where a gross sum in lieu of taxed costs is fixed by the order, in accordance with the 37th rule of the 40th of the Consolidated General Orders (i). (i) Upon interlocutory applications, where the court deems it proper to award costs to either party, the court may by the order direct payment of a sum in gross in lieu of taxed costs, and direct by and to whom such sum in gross shall be paid. See London and Blackwall Railway Company v. Board of Works for Limehouse District, 26 L. J., Ch. 170. POWER OF JUDGE (k). 73. The power of the court, and of the judge sitting in chambers, to enlarge or abridge the time for doing any act, or taking any proceeding, to adjourn or review any proceeding, and to give any direction as to the course of proceeding, is unaffected by these rules. (k) See sects. 83, 119, 204, ante, pp. 105, 163, 236. GENERAL DIRECTIONS (1). 74. The general practice of the court, including the course of proceeding and practice at the judges' chambers, as provided by the statute 15 & 16 Vict. c. 80, and the general orders of the court relative thereto, shall, in cases not provided for by the Companies Act, 1862, or these rules, and so far as the same are applicable and not inconsistent with the said act, or these rules, apply to all proceedings for winding-up a company (m). (7) See sect. 170, ante, p. 209. (m) See Morgan's Chancery Acts and Orders, pp. 136156, 3rd ed. APPLICATION OF RULES. 75. These rules apply only to proceedings under the Companies Act, 1862. COMMENCEMENT OF RULES. 76. These rules shall take effect and come into operation on and after the 25th day of November, 1862. INTERPRETATION. 77. The 1st rule of the 23rd of the Consolidated General Orders, and the general interpretation clause therein, shall be deemed to extend and apply to the rules of this order; and such rules shall have the effect of, and be deemed to be general orders of the court (n). (n) See ante, p. 294, n. (c). WESTBURY, C. JOHN ROMILLY, M. R. W. P. WOOD, V.-C. General rules and orders for the winding-up of mining companies in the court of the vice-warden of the stannaries have been made by such vice-warden with the consent of Lord Justice Turner; see ante, pp. 210, 211; to which schedules of forms and fees are annexed. These orders are applicable to the winding-up of all registered companies for working mines within and subject to the jurisdiction of the stannaries, and of all unregistered companies which may be wound up under the provisions of "The Companies Act, 1862." These rules have been published by H. Sweet, 3, Chancery Lane, London. 1862. 12mo., price ls. 6d. THE FIRST SCHEDULE. FEES AND CHARGES TO BE ALLOWED TO SOLICITORS. For preparing and drawing up every order made at £ s. d. chambers, and attending for same, and at the registrar's office to get same entered For ingrossing every order, in addition to the above fee, per folio For other duties performed, such of the fees on the higher Where under such regulations a fee of 3 guineas may be The usual charges relating to printing shall be allowed 0 13 4 004 THE SECOND SCHEDULE. FEES TO BE COLLECTED BY MEANS OF STAMPS. For every summons In the Judges' Chambers. For every order drawn up by the chief clerk For every advertisement For every certificate For every oath, affirmation, declaration or attestation upon honour . 0 1 6 |