Examination of witnesses-continued. | Jurisdiction-continued. Esgair Mwyne Mining Company, 8 WR (vc w) 660. creditor, cross examination of. Cast v. Poyser, 3 S & G 369. -expences of witnesses. Mercer's case, 23 L J Ch. 246, 5 De Gex M & G 26, 2 Sim. & G 87, 2 W R 251. judge, examination before. Bunn's case, 24 Beav. 127, 26 sufficiency of objection to answer, Aston's case, 7 W R 509, 33 L T Forma pauperis, leave given to sue Fry's case, 9 W R 51, 1 D & S Pritchard's claim, Ex parte Smith and Ex parte Marshall Turner, 30 L J, Ch. 92, 6 Jur. N S 1172, 2 De Gex F & J 354. Jurisdiction. See also Petition and Order to wind up. What Companies within Act. Re Midland Counties Benefit Re St. James's Club, 20 L J, N S, Re Dendre Valley Railway and Re Madrid and Valencia Railway Friendly Societies, within, but see below. Re Alfreton District Friendly not within. Re Rotherhithe Co-operative and Industrial Society, 7 L T, N S 305. Must be registered under 25 & 26 Vict. c. 87, and wound up in County Court. Company, not Re Chatham Co-operative In- Re Direct London and Ports- Re Waterloo Life, &c., Company, Jurisdiction-continued. Re Trefoil & Messer Mining Company, (v cw) 10 W R 338, 6 LT, N S 154. Re Wheal Ann Mining Company, 10 WR (MR) 330, 6 LT, N ́S 38. not within Act of 1862. Re East Botallack Mining Company, Limited, 13 W R 197, 34 L J, Ch. 81. Partnership composition deed not within. Re Stanton Iron Company, 4 WR (MR) 159, 25 L J, Ch. 142, 2 Jur. N S 130, 26 L T 252. Provisionlly registered Company, within. Bright v. Hutton, 3 H L Ca. 341. London and Manchester Direct Independent Railway Company, 18 LJ, N S, Ch. 242, 1 M & G 176, 1 H & Tw. 238. how to dispute by petition or motion to discharge order. Sharpus' case, 3 De Gex & S 49. insolvency, proof of. Re National and Provincial Live Ch. 261, 1 De Gex & S 599, 1 Where resolution to wind up voluntary had passed before Act of 1862. Re Fire Annihilator Company, 11 W R 654. discretionary power of Court, order refused. Re Anglo Australian and Universal Life Assurance Association, 8 WR (v CK) 170. Re British Alkali Company, 5 De Gex & S 458, 22 L J, N S, Ch. 241. Re Chester and Manchester Direct Railway, 1 Sim. N S 605. Jurisdiction-continued. Re London Conveyance Company, Ex parte Wise, 1 Drew 465. Re Narborough and Watlington Railway Company, 20 L J, Ñ S, Ch. 275, 1 Sim. Ň S 140. Re Natal Company (v c w), 1 H & M 639. Re Union Bank of Calcutta, 19 L J, N S, Ch. 388, 3 De Gex & S 253. order made. Re General Rolling Stock Company, Limited, 13 W R 423. See circumstances under which petition may be presented. · petition, ordered to stand over. Re British Provident Life and Fire Assurance Company, 8 W R (v CK) 170. Re Merionethshire and Glamorganshire Banking Company, 15 Beav. 74. Re Newcastle Commercial Banking Company, 5 WR (vc x) 31. Re Parisian Factage Company, 13 W R 330, 34 L J, Ch. 140. Re Direct London and Manchester Railway, 1 De Gex & S 731. Re Rhydydefid Colliery Company, 3 De Gex & J 80. Re Wheal Anne Mining Company, 10 W RM R) 330, 6 L T, N S 38. reference to Master. Re Boston, Newark, &c., Rail- Incumbrancer on property of Company, right to sue notwithstanding winding up order. Robson v. Mc Creight, 6 W R, (M R) 385, 4 Jur. N S 269, 31 LT 21. Incumbrance, how far valid. discretion of Court not interfered with by Court of appeal. Re Agriculturist Cattle Co. (Limited), Ex parte Lowe, Ex parte Findlater, 9 W R (LJ) 910; 4 LT, N S 630. •practice of sending circulars to shareholders condemned, appointment set aside. Re State Fire Insurance Society (vc w), 6 LT, N S 40. when appointment on hearing of petition not except by consent. Re Commercial Discount Co., 11 WR (MR) 353; 7 L T, NS 816; 1 N R 416. Re Rockhall Fishing Co., 11 WR 84. void appointment of, official manager not entitled to costs. Re Plumstead &c. Water Co., 11 WR (LJ) 99; 8 Jur., NS 1140; 7 LT, N S 550; 32 L J, Ch. 145; 1 N R 40. •per centage only upon amount actually received and divided amongst the creditors. Re North of England Joint Stock Banking Co., 20 L J, N S, Ch. 462. action against, cannot be maintained unless Company could be sued. Russell v. Croysdill, 24 L J, NS Exch. 287; 11 Exch. R 123. proceedings by, continuation of suit by official manager, effect of Official liquidator-continued. where imperfections, official manager adopts them. Official Manager of the Home Counties Freehold Land Society v. Ernest, Caldwell v. Ernest, 28 L J, N S, Ch. 810 (M R); 5 Jur., N S 667. Ernest v. Weiss, 11 WR (v CK) or his position in action commenced before winding up. M'Kenzie v. Sligo and Shannon Railway, 19 LJ, NS, CP 142. Armstrong v. Normandy, 19 L J, N S, Exch. 343; 5 Exch. R 409. costs against, refused. Re Cambridge and Colchester Railway Co., Ex parte Marsh, 19 L J, N S, Ch. 161; 1 M & G 302; 1 Hall & Tw. 578. costs, ordered to be paid by. Re Direct Exeter &c. Railway, Ex parte Woolmer, 22 L J, NS 513. costs against, form of order. The Official Manager of Consols Insurance Co. v. Wood, 12 L T, N S 170. may refuse to register a transfer of shares. Bermingham v. Sheridan, L J, 1864, Ch. 571. removal of, in a case of a voluntary winding up under supervision, Court has power to re move. Re Old Wheal Mining Company, 13 W R 3. Order to wind up. See also Jurisdiction, Petition. carriage of, where Petitioner dies. Barber's Case, 3 De Gex & S 242. Order to wind up-continued. discharging order, appeal to discharge order by three out of seven contributories dismissed. Woolmer's Executors' Case, 5 De Gex & S 117; 21 L J, N S, Ch. 883; 2 De Gex M & G 665. appeal, by a contributory, fifteen months after date of order dismissed, except on indemnity, appeal may be by motion. Clarke's Case, 1 Kay & J 22; 24 LT 69. - petition to discharge, service of on interim manager. Re The Cambrian Junction Railway Co., 19 L J, N S, Ch. 122; 3 De Gex & S 139. time to petition to discharge order. Re Chepstow, Gloucester &c. Railway Co., 2 Sim. 11. motion to vary or discharge order by parties not before the Court on hearing of petition. The Anglo Californian Gold Mining Co., 10 W R 127; 1 Dr. & Sw. 628; 5 L T, NS 739; 31 L J, Ch. 238. discharging order where material facts omitted in petition. Re Ipswich, Norwich and Yarmouth Railway Co., Barnett's Case, 1 De Gex & S 744. · post dating order to enable it to be properly advertised. Re Doncaster Permanent Building Society, 11 WR (vc w) 459. of Scotch Court, enforcing. Re The Western Bank of Scotland, 8 W R (L c) 1. of foreign Court, how proved. Leischman v. Cochrane, 9 L T, N S 104. against contributory. See Contributory. substituted service of. See Chambers. Petition to wind up, by whom it may be presented. Petition to wind up-continued. Goldsmith's Case, 19 L J, N S, by arranging debtor on his Waterlow and Wright's Case, 7 Re Rhydydefed Colliery Co., 3 De executors, who were not proprietors. Re Norwich Yarn Co., 12 Beav. 366. - paid up shares, holder of, where the whole amount of shares been paid in cash. Re Constantinople &c. Hotel Co., 3 June, 1865. by provisional committee. Hollingsworth's Case, 3 De Gex & S 7. to wind up may be presented by shareholder. Lawton's Case, 3 W R 148; 1 Kay & Joh. 204; calls not paid. Walker's Case and Troutbeck's Latta's Case, 19 L J Rep., NS, past or former shareholders Petition to wind up-continued. alleging themselves to be contri- Re Times Fire Insurance Co., 10 by scripholder. to wind up may not be presented by creditor, where debt doubtful. Re Hope Mutual Life Assurance Co., 1 N R 542; but see appeal, 13 W R 790. creditor, where debt disputed. Re Catholic Publishing Co. (Limited), 12 W R 538; 10 L T, N S 79. Re Dover Club and Norfolk Hotel shareholder, where Company not insolvent. Inderwick's Case, 3 De Gex & S 231. Wyld's Case, 18 L J, N S, Ch. 139; 2 M & G 1; 1 Hall & Tw. 125. unregistered Company. Re Waterloo Life Insurance Co., 11 WR 134; 1 N R 157. holder of paid up shares. Re Patent Artificial Stone Co., 13 W R 285. Re Lancashire Brick and Tile Co., 13 W R 569; but see Re Constantinople &c. Hotels Co., 13 W R 851. to wind up, under what circumstances it may be presented. not where Company partly abandoned. b Petition to wind up-continued. Fisher's Case, 3 De Gex & S 116. not where Company wholly abandoned. Murrell's Case, 18 L J, N S, Ch. 260; 3 De Gex & S 4; no debts or assets. not where unnecessary. Re Union Bank of Calcutta, 19 L J, N S, Ch. 388; 3 De Gex & S 253. may be presented where Company dissolved. Phillips's Case, 3 De Gex & S 3. at what time it may be presented, where demand served under sect. 80 of the Act of 1862, clause 1. Re Catholic Publishing Co. (Limited), 12 W R 538. advertisement of, must be published seven clear days. Re London and Westminster Wine Co. (Limited), 12 W R 44. error in, fresh notices required. 13 Beav. 434. Re title of. Re Public Life Assurance Society, 7 LT, N S 302. service of, where no office. Re Brighton, Lewes, &c., Railway Company, 1 De Gex & S 604. Order made on advertisement and consent of some members of Company. Re National Credit and Exchange service on trustees, where petitioner had entered into an arrangement with his creditors. Re Cameron's Company, Ex parte Walter, 3 De Gex & S 2. |