« EelmineJätka »
Petition to wind up-continued.
service on solicitor, not sufficient within 1848 Act.
Re Trent Valley and Chester, &c.,
affidavit of service necessary,
Re London and Dublin Approximating Company, 3 De Gex & S 209.
affidavit of service not necessary where secretary of Company appears.
Re Great Western Railway Company of Bengal, 3 De Gex & S 101.
error in affidavit in support of petition, or the filing thereof. Re Kentish Royal Hotel Company, 13 W R 448.
Re Patent Screwed Boot and Shoe Company, 32 Beav. 142. Re Western Benefit Building Society, 33 L J, Ch. 179. Petitioner, when to attend proceedings.
Barber's Case, 18 L J, N S, Ch.
245, 1 De Gex & S 722 and 726. Production of documents, notice
of application for order when necessary.
Pell's Case, 19 L J, N S, Ch. 164, 3 De Gex & S 170. Register, amendment of, order made. Whittet's Case, 2 De Gex & J
577, to put person on list of contributories.
Jonassohn's Case, Re Plumstead &c., Company, not reported; though shareholder settled on list and a call made. Nov. 1863
Register, amendment of-continued. Bloxham v. Metropolitan Cab and Carriage Company (v c w) 12 W R 736, 4 N R 51. Ship's Case, 13 W R 450 and 599.
Bird's Case, 9 L T, N S 667.
Re London, Birmingham and South
See Birmingham v. Sheridan, L
time for application.
Fox, Sir C.'s, Case, 11 W R, LC 577, 8 L T, N S 223.
application after order to wind up, referred to chambers. Buckridge's Case, 13 W R 677. Re-registration, under Act of 1862, of Companies registered under Joint Stock Companies Acts, not necessary.
Re Torbay Bath Company, 32
Rehearing. See also Reviewing.
Sanderson's Case, 19 L J, N S,
low Railway Co., 3 De Gex & S 189.
Reviewing decision, time for.
Holl's Case, 3 De Gex & S 99; leave given to dispute liability. Hutchinson's Case, 1 De Gex & S 563, where law altered. Viscount Curzon's Case, 4 W R (v C K) 495; 3 Drew 508.
power to review on new facts. Kelly's Executors' Case, 9 W R (v C K) 329; 3 LT, N S 844.
decision on the same evidence, not allowed.
Best's Case, 20 L J, N S, Ch.
Sale, opening biddings refused.
right of contributories to be present on fixing reserved biddings.
Re Imperial Salt and Alkali Co., Slatter's Executors, 21 L J Rep., N S, Ch. 224; 1 De Gex M & G 64; 5 De Gex & S 34. Sequestration, party abroad.
Re East of England Bank, 13 W
Service of petition to wind up.
Shorthand writer, appointment of, to take evidence, allowed.
Re London and Birmingham &c. Railway, 6 W R (v ck) 141. Solicitor, appointment of, where two official managers.
Bass's Case, 18 L J, N S, Ch. 245; 1 De Gex & S 722. Staying proceedings, order for the purpose discharged.
Time for disputing liability.
bill filed by creditor to have voluntary winding up continued under direction of the Court, sustained.
Lowndes v. Garnett and Moseley Gold Mining Co., 10 W R (v c w) 264; 2 J & H 282. confirmation of, acquiescence. Re Anglo Australian Gold Mining Mining Co. (v с K), 10 W R 309; 6 LT, N S 340.
costs of opposing shareholder, appointment of official liquidator.
Re Minima Organ Co. (Limited), 11 W R (v CK) 530; 8 L T, NS 109.
Re Torquay Bath Co., (M R) 11
W R 653; 9 Jur. 633; 8 LT,
Re West Silver Bank Mining Co.
injunction to restrain action. Re Keynsham Co., (м R) 11 WR 926; 8 LT, NS 687; 2 NR 478.
Re Life Association of England, 34 L J, Ch. 64.
· petition by contributory, Company's Act, 1856.
Re Fire Annihilator Co., 11 WR 654; 9 Jur. NS 633; 2 NR 99.
Voluntary winding up-continued. official liquidator, void appointment of.
Re Stearic Acid Co., 11 W R 980; 2 N R 544.
Re The Llanfrynach Silver Lead
Voluntary winding up-continued. Exch. 126; 30 L J, Exch. 50; 6 H & N Exch 174. · staying proceedings. Re Northumberland &c. Banking Company, 6 WR (v cк) 316; 27 LJ, Ch. 354, appeal. 6 WR (LJ) 527; 27 L J, Ch. 356; 4 Jur. N S 419; 31 LT 107.
By the Companies Act, 1862, the sole jurisdiction to wind up Joint Stock and other Companies, whose registered office or place of business is situated in England, has, with some few exceptions, been vested in the Court of Chancery, and the effect of the Rules of 11th November, 1862, made under that Act, is to assimilate the practice on the winding up of Companies by the Court of Chancery, so far as the case will admit, to the general practice of the Court in suits and matters instituted therein. To those therefore who are acquainted with the proceedings in Chancery, and the course pursued in the various stages of a suit, the steps to be taken in the process of winding up a Company will, with the aid of the special provisions of the Act and Rules, at once become plain, but even to them a reference to the enactments and rules relating to the particular steps may be useful. There are many, however, who are not acquainted with the proceedings in Chancery, and to those, as well as to the former class, it is hoped this work will be found an aid in the conduct of proceedings which have now become so important a branch of the business of the Court. It appears by a list* lately published, that whilst about 3,500 Companies have been formed and registered,
* The Joint Stock Company's List, 1865. Leighton, Fleet Street.
or registered only, since the year 1856, about 1000 have ceased to exist, and the present mania for formation of Companies would appear to justify the opinion that in the course of time many more Companies will be wound up than have been hitherto. The principle of limited liability, whilst in itself of such vast utility in the extension of commerce, has led, and will no doubt in future lead, to the formation of Companies for objects which cannot possibly be carried out, or to attain which the parties having the conduct of the affairs of the Company are incapacitated, either by reason of the constitution of the Company itself or from other causes. It will also be found that, many Companies being purely speculative schemes, their final failure is a natural consequence.
The desire of the writer of the present work, has been to set out as clearly as possible the practice applicable to each particular stage in the winding up of a Company, and also the effect of numerous decisions which are reported on the subject. For this purpose, all the sections and rules relating to each subject have been collected together and printed in full, and the decisions and practice are then stated. By this means it is conceived the work will be useful as giving, in a collective form, all the sections and rules relating to any particular matter, and enabling the practitioner to refer thereto at once without having to search in various parts of the Act for sections applicable to the same matter but set out in different places.
Before concluding, the attention of the reader is pro