Page images

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.

An order made in Scotland, having been entered in the Registrar's office of the Court here, was enforced in England, upon the application of the official manager. (Re Western Bank of Scotland, 8 W. R. L. C. 1.)



For the sake of convenience it is thought well to repeat in a separate Chapter the provisions of the Orders of November, 1862, as to advertisements, service of notice of proceedings, orders, &c., and the time within which notice must be given of the various steps taken in the winding up.

By rule 53 it is provided that

"When an advertisement is required for any purpose Advertiseexcept where otherwise directed by these rules, the adver- ments. tisement shall be inserted once in the London Gazette and in such other newspaper or newspapers and for such number of times as may be directed. The Judge may, in such cases as he shall think fit, dispense with any advertisement required by these rules."

The special directions in the rules relate to the advertisement of the petition to wind up by the Court, or subject to the supervision of the Court (see rule 2, Chap. IV.), and of the order to wind up the Company by the Court, or subject to the supervision of the Court (see rule 6, Chap. VI.), and of the meeting to appoint the official liquidator (Chap. X.) The usual advertisements required on



other matters are mentioned in the progress of this work.

By rules 63 and 64, it is provided as follows:—

63. Services upon contributories and creditors shall be effected (except when personal service is required) by sending the notice or a copy of the summons or order or other proceeding through the post in a prepaid letter addressed to the solicitor of the party to be served (if any) or otherwise to the party himself, at the address entered or last entered (in the appearance book), pursuant to the preceding rule (rule 62), or if no such entry has been made then, if a contributory, 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.

64. No service under these rules shall be deemed invalid by reason of 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.

It will be observed that the provisions of rule 63 are very important, and absolve the official liquidator from taking any notice of returned letters, provided they are properly addressed as directed in such rule.


The times required for service &c., are as follows:

A petition to wind up by the Court, or subject to the supervision of the Court, or any other

special petition, is to be served two clear days. (Consolidated Order 34.)

The advertisement of the petition to wind up by the Court, or subject to the supervision of the Court, is to be inserted seven clear days before the day of hearing. (Rule 2.)

The affidavit in support of the petition is to be filed within four clear days after presenting the petition. (Rule 4.)

The advertisement of the order is to be inserted in the London Gazette within twelve days from the date of the order. (Rule 6.)

The order is to be carried into chambers within ten days after it has been passed and entered. (Rule 7.)

A summons must be served two clear days before its return. (Consolidated Order 35, rule 7.)

The advertisement of the meeting to appoint an official liquidator must be inserted so that the first or only advertisement shall be published within fourteen days and not less than seven days before the day so fixed. (Rule 9.)

Notices to creditors to

come in and prove their claims are to be served four clear days before the day fixed for their so doing. (Rule 24.)

The notices to settle the list of contributories are to be served four clear

appointed to settle the list.

days before the day (Rule 30.)

The summons for a call is to be served four

clear days. (Rule 33.)

The notices of any meeting under the 91st or 149th sections of the Act are to be served seven clear days. (Rule 45.)

A summons to take the opinion of the Judge upon any certificate of the chief clerk must be issued within four clear days from the signature thereof by the chief clerk. (Consolidated Order 35, rule 49.)

A summons to vary or discharge the certificate must be issued within eight days from the filing of the certificate. (Consolidated Order 35, rule 52.)

The time for appealing against any order is three weeks after the order complained of has been made, unless the Court of Appeal shall enlarge the time. (Section 124.)

By rule 73 the Court has power to enlarge or abridge the time for doing any act or taking any proceedings. (See also Consolidated Order 37.)

« EelmineJätka »