Oldalképek
PDF
ePub

ORDER OF
OF COURT.

Tuesday, the 25th day of February, 1868.

THE RIGHT HONORABLE FREDERIC BARON CHELMSFORD, Lord High Chancellor of Great Britain, by and with the advice and assistance of the RIGHT HONORABLE JOHN LORD ROMILLY, Master of the Rolls, The HONORABLE the VICECHANCELLOR, SIR JOHN STUART, The HONORABLE the VICECHANCELLOR, SIR WILLIAM PAGE WOOD, and The HONORABLE the VICE-CHANCELLOR, SIR RICHARD MALINS: Doth hereby, in pursuance and execution of all powers and authorities in that behalf, order and direct in manner following:

Where, by any Decree or Order of the Court any interest or dividends accruing upon any stocks, funds, shares, or securities standing in the name of the AccountantGeneral in trust, in or to the credit of any cause, matter, or account is, or are directed to be dealt with in any such manner as that the same ought not to be invested, and subsequently to the date of such Decree or Order, such interest, or dividends, or any part thereof, shall by reason of due notice of such Decree or Order not having been given to the Accountant-General, have been invested by him in the purchase of any stocks, funds, shares, or securities, the Registrar on production of the Accountant

General's certificate of such investment, shall issue a certificate for the sale of the stocks, funds, shares, or securities so purchased, and such stocks, funds, shares, or securities shall be sold accordingly, and the produce thereof applied in the same manner as the interest or dividends with which such stocks, funds, shares, or securities were purchased, was or were by such Decree or Order as aforesaid directed to be applied.

CHELMSFORD, C.

ROMILLY, M.R. JOHN STUART, V.C.

W. P. WOOD, V.C.

RICHD. MALINS, V.C.

bt.

[23

Et Buit. Caust of Chancery.

ORDER OF COURT.

Saturday, the 21st day of March, 1868.

THE RIGHT HONORABLE HUGH MACCALMONT BARON CAIRNS, Lord High Chancellor of Great Britain, with the advice and consent of the RIGHT HONORABLE JOHN LORD ROMILLY, Master of the Rolls, the HONORABLE the VICE-CHANCELLOR SIR JOHN STUART, and the HONORABLE the VICE-CHANCELLOR SIR RICHARD MALINS, Doth hereby, in pursuance and execution of the powers given to him by "The Companies' Act, 1867," and of all other powers and authorities enabling him in that behalf, Order and direct in manner following:

PETITIONS FOR WINDING-UP.

1. Every Petition which shall after this Order comes into operation be presented for the winding-up of any Company by the Court, or subject to the supervision of the Court, and all notices, affidavits, and other proceedings under such Petition, shall be intituled in the matter of "The Companies' Acts, 1862 and 1867," and of the Company to which such Petition shall relate.

B

PETITION TO REDUCE CAPITAL.

2. Every Petition for an Order confirming a special resolution for reducing the Capital of a Company, and all notices, affidavits, and other proceedings under such Petition, shall be intituled in the matter of "The Companies' Act, 1867," and of the Company in question.

3. No such Petition as mentioned in the 2nd Rule of this Order shall be placed in the List of Petitions by the Secretary of the Lord Chancellor or of the Master of the Rolls, as the case may be, until after the expiration of eight clear days from the filing of such Certificate as is mentioned in the 14th Rule of this Order.

4. When any such Petition as last aforesaid has been presented, application may be made, ex parte by Summons in Chambers, to the Judge to whose Court the Petition is attached, for directions as to the proceedings to be taken for settling the List of Creditors entitled to object to the proposed reduction, and the Judge may thereupon fix the date with reference to which the List of such Creditors is to be made out, pursuant to the 13th section of the Companies' Act, 1867; and may, either at the same time or afterwards, as he shall think fit, give such directions as are mentioned in the 5th and 6th Rules of this Order. The Order upon such summons may be in the Form No. 1 in the Schedule hereto, with such variations as the circumstances of the case may require.

5. Notice of the presentation of the Petition shall be published at such times, and in such newspapers as the Judge shall direct, so that the first insertion of such notice be made not less than one calendar month before the day of the date fixed as mentioned in the 4th Rule of this Order.

hereto, with such variations as the circumstances of the case may require.

6. The Company shall, within such time as the Judge shall direct, file in the Office of the Clerks of Records and Writs, an Affidavit made by some officer or officers of the Company competent to make the same, verifying a List containing the names and addresses of the Creditors of the Company at the date fixed as mentioned in the 4th Rule of this Order, and the amounts due to them respectively, and leave the said list and an Office Copy of such Affidavit, at the Chambers of the Judge.

7. The person making such Affidavit shall state therein his belief that such List is correct, and that there was not at the date so fixed as aforesaid any debt or claim, which, if that date were the commencement of the winding-up of the Company, would be admissible in proof against the Company, except the debts set forth in such List, and shall state his means of knowledge of the matters deposed to in such Affidavit. Such affidavit may be in the Form No. 3 in the Schedule hereto, with such variations as the circumstances of the case may require.

8. Copies of such List shall be kept at the Registered Office of the Company, and at the Offices of their Solicitors and London Agents (if any), and any person desirous of inspecting the same may at any time, during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of one shilling.

9. The Company shall, within seven days after the filing of such Affidavit, or such further time as the Judge may

B 2

« ElőzőTovább »