Form 569. the credit of Ex parte the Royal British Bank to an account to be intituled "unclaimed dividends," the sum of 3037. 6s. 4d., the amount of unclaimed dividends in these matters, And order that the said sum of 3031. 6s. 4d. when paid in be paid in the sums mentioned in the third column of the schedule hereto to the persons whose names and addresses are set opposite such sums in the 1st column of the sd. schedule, such sums being the amount of dividends declared upon their respective debts proved in these matters. Royal British Bank, Malins, V.-C., 3 April, 1878. B. 1120. Where a company is about to be dissolved, it is very commonly found that certain creditors or contributories, in whose favour dividends have been declared, have not claimed the same. The right of such persons is not affected by the non-claim, so as to enable the court to divide the fund among the other persons interested, or otherwise to deal with the same in derogation of the rights conferred by the order declaring the dividend. Ashley v. Ashley, 4 C. Div. 757. Accordingly, the proper course is to pay the amount into court. The simplest mode of effecting the payment into court, is in accordance with Rule 25 of the Chancery Funds Consolidated Rules, 1874. Morgan, 393. Under this rule a direction to pay in can be obtained from the paymaster-general upon an application in writing. The money should be paid in to the credit of "In the matter of the Companies Acts, 1862 and 1867, and in the matter of The Company Limited. Unclaimed dividends." The paymaster-general will give a receipt for the payment, and the application of the fund will be provided for by the dissolution order. See Form 576. Sometimes a special application to the court for liberty to pay in [as in Form 570] is made, but no particular advantage is gained by so doing. Form 570. Order to pay unclaimed dividends into court. Upon the application of B., the off. liq., &c., Let the said B. be at liberty on or before 10 Mar. 1879, to pay into court to the credit of "In the matter of the L. C. C. Limd." 35l. 18s. 9d., being the amount due to the creditors of co. named in the schedule hereto in respect of unclaimed dividends. And let out of the said sum the sums mentioned in the fourth column of said schedule be paid to the persons and companies whose names are set opposite to the same in the second column of the same schedule. And usual order to tax off. liq.'s costs, charges, Form 570. and expenses. London Co-operative Commissiariat Limd., M. R., 21 Jan. 1879. B. 374. Dissolution Orders. Section 111 of the Act of 1862 provides that when the affairs of the company have been completely wound up, the court is to make an order that the company be dissolved from the date of such order, and the company is to be dissolved accordingly. And s. 112 provides that any order so made shall be reported by the official liquidator to the registrar [of joint stock companies], who is to make a minute accordingly in his books of the dissolution of the company. If the official liquidator makes default in so reporting, he becomes liable to a penalty of 57. a day. Sec. 113 of the Act. Where a company is about to be dissolved, the court may determine in what manner the books, accounts and documents are to be disposed of. See s. 155 of the Act. The file of proceedings and the official liquidator's book of account must be sent to the Record and Writ Department. Gen. Ord. 1862, r. 67. The other documents are generally directed to be torn up or burnt. See Rules 65 & 66 as to terminating the winding up. According to the latter of these rules, a dissolution order should not be made until the chief clerk has certified that the winding up is complete; but in practice the chief clerk very commonly certifies that the affairs of the company have been completely wound up, except as to the application of a specific sum in bank or in the official liquidator's hands, and then upon the application of the official liquidator, an order is made as to the application of this sum, vacating the recognisances, discharging the liquidator, ordering the destruction of the books, and dissolving the company. See Forms 571, et seq. infra. An application to dissolve should be by summons, supported by an affidavit of the official liquidator showing that the winding up has been completed and that he has passed his final account, and stating that in his opinion it is desirable that the books should be destroyed and the company dissolved. A great many dissolution orders are made every year. Upon the application of the off. liq. of the above-named co., and upon Form 571. hearing the solicitor for the applicant, and upon reading the orders, &c., Dissolution and the chief clerk's certificate, dated 28th January, 1878, whereby it order. appears that, except as to the application of the sum of 30l. 16s. 6d. standing to the credit of the said off. liq. at the Bank of Eng., the affairs of the said company have been completely wound up, and an office copy of the recognisance entered into, &c., a certificate of the chief clerk of the Bank of Eng., dated, &c. IT IS by consent of the solicitor of the applicant ORDERED that the said sum of 307. 16s. 6d. be paid to the said off. liq. in full discharge of the amount of his taxed costs and the amount due to him for remuneration. And it is ordered that the books and papers of the said co., other than the file of procceedings, be destroyed by being torn up and cut in such a manner as to be incapable of being used as a means of information. And thereupon it is ordered that the said off. liq. be discharged, and that the said recognisance dated, &c., entered into by the said off. liq. together with and his H H Form 571. sureties be vacated: And that the said co. be dissolved as from the 8th day of August, 1878. Orwell Oyster Fishery Limited, M. R., 8 August, 1878. 1498 B. A form of dissolution order is given in the schedule to the Gen. Order of Nov. 1862, No. 56. The following are a few examples of dissolution orders: St. George's Advance Co., 18 July, 1877. B. 1425; Oporto Mining Co., 20 July, 1877. B. 1487; South of France Lime Co., 6 Aug. 1877. B. 1479; London & County, &c., Co., 9 Aug. 1877. B. 1486; Oriental Island Steam Co., 9 Aug. 1877. B. 1489; North Hafod Co., 20 Dec. 1877. B. 2178; Erimus Iron, 25 May, 1878. 94 B.; Ballycammish Co., 18 July, 1878. A. 1573; Tavarone Mining Co., 31 July, 1878. B. 1534; and see also Forms infra. Form 572. Another. Upon the application of J. S., the off. liq., &c., Let [books and papers of co. to be destroyed] and order that out of the sum of 581. 88. Od. by the chief clerk's certificate certified to be due from the said off. liq., and forming part of 631. 0s. 2d. cash in the bank to credit of these matters the sum of 81. 78. 9d. the agreed amount of the costs of co. under the said order dated, &c., be paid to Messrs., their solicitors in full discharge of the costs under the said order, and the sum of 331. 6s. 10d. further part thereof be paid to & the solicitors of the said off. liq., or one of them, in full discharge of their costs, charges, and expenses as solicitors for the said off. liq, or otherwise in reference to the winding up of the said co. : And order that the sum of 167. 13s. 5d., the balance of the said sum of 581. 8s. Od., and also the proceeds to be received from the said books and papers of the said co. when so cut and torn into fragments as hereinbefore directed be retained and paid to the said off. liq. in full discharge of all claims by him for remuneration or otherwise as off. liq. of co. : And thereupon order that the said off. liq. be discharged, and that the said recognisance and the said bond dated 15th December, 1874, entered into by the said J. S. together with The Guarantee Association Limd. as his sureties be vacated And thereupon order that the said co. be dissolved as from the 28th June, 1878. People's Coal, &c., Co. Limd, M. R., 25 June, 1878. 1533 B. : Form 573. Burn books. Upon, &c. [order for dissolution of co.], And Let the books, papers, and documents of the said co., other than the file of proceedings, be forthwith destroyed by fire. Llanrwst Slate Co., M. R., 16 Mar. 1878. B. 605. Form 574. Dissolution where guarantee Upon the application of the official liquidator, and upon reading an order dated, &c., and the chief clerk's certificate dated, &c., and an affidavit of the said official liquidator filed, &c., and an office copy of the recognisance, and an office copy of the joint and several bond company is hereinafter resply. referred to, and it appearing that the affairs of the Form 574. said company have been completely wound up, It is ordered that the said company be dissolved as from the 25th of May, 1878, and that surety. the recognisance entered into by J. Y. as the off. liq. of said co., and the joint and several bond of the said J. Y. and The Guarantee Co. Ld., dated respectively the 15th of October, 1875, and enrolled on the 22nd October, 1875, be vacated. Rio Grande, &c., Co. Ld., Bacon, V.-C., 25 May, 1878. 1113 B. Order for of assets and dissolution. Upon the application of the off. liq., &c., And it appearing by the Form 575. said affidavit of the said off. liq. that the whole of the assets received is the sum of 2137. 11s. 3d., that there is not any outstanding estate, distribution effects, or property of the said co., that all the shares subscribed for or taken have been fully paid-up, and that there is not any sum of money available for distribution among the creditors or persons claiming to be creditors of the said co., It is ordered that the said off. liq. do out of the said sum of 2137. 11s. 3d. pay the sum of 457. 188. Od., being the amount of the petitioner's taxed costs under the said order dated 6 Mar. 1877, to Messrs. V. & V., the solicitors of the said petitioners, And it is ordered that the said off. liq. do also pay to the said Messrs. V. & V., his solicitors, the sum of 1227. 13s. 3d. in satisfaction and discharge of their costs in the winding up of the said co. from the date of the appointment of the said off. liq. to the dissolution of the said co. as certified at the sum of 1281. 3s. Od., and be at liberty to retain the sum of 457., balance of the said sum of 2137. 11s. 3d., after paying the said sum of 457. 188. and 1227. 13s. 3d. in discharge and satisfaction of his charges. and expenses in the winding-up of the said co., and thereupon It is ordered that the said co. be dissolved as from the 10th of July, 1877, and that the said recognisance be vacated. Barnett's Patent Asphalte Paving Co., Bacon, V.-C., 10 July, 1877. Such orders are very common. See another, Van United Mining Co., 25 May, 1878. A. 1049. directions as Upon the application of H. the off. liq. of co., and upon hearing the Form 576. solicitors of the said off. liq., and for W. F. the creditors' representative, Dissolution and upon reading the order dated, &c., the Chancery Pay Office receipt order, and dated 15 Ap. 1876, for the sum of 317. 13s., hereinafter mentioned, the to unclaimed affidavit, &c., and the chief clerk's certificate dated the 18th July, 1877, dividends. whereby it appears that the said official liquidator has passed his final account, and that there was no balance due to or from him, and that the affairs of the said company have been completely wound up, and the certificate of the fund: It is ordered [dissolve co., liberty to destroy books, &c.], And it is ordered that the said sum of 317. 13s. on deposit Form 576, in court to the credit of "In the matter of the Companies Act, 1862, and in the matter of the N. Co. Limd. unclaimed dividends" be paid in the several amounts mentioned in the 6th column of the schedule hereto to the several persons mentioned in the 2nd column of such schedule in satisfaction of the unclaimed dividends due to them as creditors of the said company. Northfield Iron & Steel Co. Limd., M. R., 28 July, 1877. B. 2700. See supra, p. 464. VOLUNTARY WINDING-UP. Form 577. Notice of first meeting to pass special resolu The -Company, Limited. Notice is hereby given that an extraordinary general meeting of The tion to wind day of up. onday the at o'clock in the [after]noon, for the purpose of considering, and if thought fit passing, the subjoined resolution. Resolution. That the company be wound up voluntarily under the provisions of the Companies Acts, 1862 & 1867, [and that A. of be and he is hereby appointed liquidator for the purposes of such winding up.] Dated, &c. "129. A company under this Act may be wound up voluntarily, |