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true copy of the order of which it purports to be a copy as passed and entered.
"A. & B., petitioner's solicitors."
The time, it will be observed, for the party having the conduct of the matter to leave the order in the chambers of the Judge, is ten days after it has been passed and entered; after that time any person interested may leave the same; for which purpose he will obtain an office copy of the order and certify a copy thereof.
A summons is then taken out according to Form in Appendix, and served upon any persons who may have appeared upon the petition. This should be done in all cases though the parties may not be entitled to attend the proceedings except at their own expence, as, until an official liquidator is appointed, the general body of creditors and contributories who have become parties to the winding up by reason of sect. 82 are unrepresented except by those who have appeared upon the petition (other than the petitioner) by reason of the petition having been served on them by express direction in the act or under the order of the Court.
On the return of the summons, the chief clerk will, if he thinks fit, direct a meeting to be held for the purpose of appointing an official liquidator of the Company, and will also direct advertisements to be issued for the creditors to send particulars of their debts to the official liquidator and
name a day on which such claims as may be disputed are to be proceeded upon.
The course to be pursued on the appointment of an official liquidator will be found in Chapter X., and that on considering claims in Chapter XIII., but it may here be observed, as will be hereafter mentioned, that the chief clerk has power to appoint an official liquidator without previous advertisement or notice to any party, and as in The Leeds Banking Company, Vice Chancellor Kindersley, the chief clerk may appoint an official liquidator at the meeting held to consider the winding up order.
On the summons to proceed on the winding up order, directions may be given by the chief clerk on any matter requiring immediate attention in the collection or protection of the assets of the Company.
ATTENDANCE IN CHAMBERS, INSPECTION OF BOOKS
CREDITORS' REPRESENTATIVE, ETC.
Immediately the order to wind up a Company Attendance. is carried into chambers the question arises as to the parties entitled to attend the proceedings, and on this point it is provided as follows:
Rule 60. Every person, for the time being, on the list of contributories of the Company, left at the chambers of the Judge by the official liquidator, and every person having a debt or claim against the Company, allowed by the Judge, shall be at liberty, at his own expense, to attend the proceedings before the Judge, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of; but if the Judge shall be of opinion that the attendance of any such person upon any proceeding has occasioned any additional costs which ought not to be borne by the funds of the Company, he may direct such costs, or a gross sum in lieu thereof, to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same.
61. The Judge may from time to time appoint any one or more of the contributories, or creditors, as he thinks fit, to represent before him, at the expense of the Company, all or any class of the contributories or creditors, upon any question as to compromise with any of the contributories or creditors, or in and about any other proceedings before him relating to the winding up of the Company, and may remove the person or persons so appointed. In case more than one person shall be so appointed, they shall unite in employing the same solicitor to represent them.
62. No contributory or creditor shall be entitled to
Meaning of contributory.
attend any proceedings at the chambers of the Judge, unless and until he has entered in a book to be kept there for that purpose his name and address, and the name and address of his solicitor (if any), and upon any change of his address or of his solicitor, his new address, and the name and address of his new solicitor.
See also rule 7, page 44.
From the wording of the first of the above rules, it would seem as if the question of the attendance of parties did not arise till after the lists of contributories and creditors were settled; but as, by rule 7, it may be raised immediately the order for winding up is carried into chambers, this would appear the proper place to deal with it, particularly having regard to section 74, which provides as follows:
74. The term "contributory" shall mean every person liable to contribute to the assets of a Company under this Act, in the event of the same being wound up: It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to the final determination of such persons, include any person alleged to be a contributory.
It is also submitted that creditors are interested in the settlement of the list of contributories, and it therefore becomes at once an important question who is to attend.
Again, where no creditors' representative is appointed, it seems reasonable that a large creditor might, if he thought fit, have liberty to attend before his claim is formally allowed, if it is admitted to be due.
Rule 60 gives liberty to any person settled on
the list of contributories and any creditor whose claim has been allowed, to attend the proceedings at his own expence, and to receive notice of all such proceedings as he may by written request › desire to have notice of, with the provision as to costs mentioned in the rule.
If a contributory or creditor therefore wish to attend, a summons (unless it is dispensed with on special application to the chief clerk) may be issued in the Form set out in Appendix.
Should leave be given, an appearance must be entered in the appearance book, as provided in rule 62 (see Form) before the party to whom leave has been given can attend. In practice, entering an appearance applies to all alleged contributories or creditors who attend the settlement of the list of contributories in their own cases, or on the list of claims, and is useful as giving to the official liquidator and his solicitor the names of all the solicitors engaged in the matter, and to whom notice of the appointments in their clients' cases and of the calls, &c., are sent.
In The Imperial Salt and Alkali Company, Ex parte Slatter's Executors (21 Law J., N. S., Ch. 224, 5 De Gex & Sm. 34), it was decided that contributories had a right to be present, on fixing the reserve biddings on the sale of property belonging to the Company, but this must now be taken subject to the provisions of rule 60.
The position of the petitioner upon the in