ATTENDANCE AND APPEARANCE OF PARTIES. 60. Every person, for the time being, on the list of the 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 a 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 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. SERVICES OF SUMMONSES, NOTICES, ETC. 63. Services upon contributories and creditors shall be effected (except when personal service is required) by sending the notice, or a copy of the summons or order or other proceeding, through the post in a pre-paid letter, addressed to the solicitor of the party to be served (if any) or otherwise to the party himself at the address entered or last entered pursuant to the preceding rule; or if no such entry has been made, then, if a contributory, to his last known address or place of abode; and if a creditor, to the address given by him, pursuant to the foregoing Rule 20; and such notice, or copy summons, order, or other proceeding, shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post-office, and notwithstanding the same may be returned by the post-office. 64. No service under these rules shall be deemed invalid by reason that the Christian name, or any of the Christian names of the person on whom service is sought to be made, has been omitted, or designated by initial letters, in the list of contributories, or in the summons, order, notice, or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient. TERMINATION OF WINDING UP. 65. Upon the termination of the proceedings in chambers for the windling-up of any company, a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance, in such manner as the court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. 66. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the chief clerk, that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for an order that the company be dissolved from the date of such order. 67. When the proceedings for winding up any company have been completed, the file of proceedings, and the book containing the official liquidator's account, shall be deposited in the Record and Writ Clerks' Office. DUTIES OF SOLICITOR OF OFFICIAL LIQUIDATOR. 68. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the court; and where the attendance of his solicitor is required on any proceeding in court or chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend. FORMS. 69. The Forms set forth or referred to in the Third Schedule to these Orders, with such variations as the circumstances of each case may require, may be used for the respective purposes mentioned in such Schedule. FEES. 70. Solicitors shall be entitled to charge, and be allowed the fees set forth and referred to in the First Schedule hereto, unless the court or judge shall otherwise specially direct. 71. The fees of court set forth and referred to in the Second Schedule hereto, shall be paid in relation to proceedings in the Court of Chancery under the Companies Act, 1862, and shall be collected by means of stamps, in the manner prescribed by the 39th of the Consolidated General Orders. TAXATION OF COSTS. 72. Where an order is made in court or chambers for payment of any costs, the order shall direct the taxation thereof by the taxing master; except in cases where a gross sum in lieu of taxed costs is fixed by the order, in accordance with the 37th rule of the 40th of the Consolidated General Orders. POWER OF JUDGE. 73. The power of the court, and of the judge sitting in chambers, to enlarge or abridge the time for doing any act, or taking any proceeding, to adjourn, or review any proceeding, and to give any direction as to the course of proceeding, is unaffected by these rules. GENERAL DIRECTIONS. 74. The general practice of the court, including the course of proceeding and practice at the judges' chambers, as provided by the Statute 15th and 16th Victoria, chapter 80, and the general orders of the court relative thereto, shall, in cases not provided for by the Companies Act, 1862, or these rules, and so far as the same are applicable, and not inconsistent with the said Act, or these rules, apply to all proceedings for winding up a company. APPLICATION OF RULES. 75. These rules apply only to proceedings under the Companies Act, 1862. COMMENCEMENT OF RULES. 76. These rules shall take effect and come into operation on and after the 25th day of November, 1862. INTERPRETATION. 77. The 1st rule of the 23rd of the Consolidated General Orders, and the General Interpretation Clause therein, shall be deemed to extend and apply to the rules of this Order; and such rules shall have the effect of, and be deemed to be general orders of the court. WESTBURY, C. JOHN ROMILLY, M. R. RICHD. T. KINDERSLEY, V. C. W. P. WOOD, V. C. 174 INDEX. Absconding contributory may be arrested. Account- of acts and dealings of liquidators to be laid before annual general meeting to be made up by liquidators on conclusion of winding up may be brought by official liquidator 95 25 72 47 may be brought or defended by assignee of thing in against existing company or its members, on its registra- company limited by, not being a joint stock company, not to register as an existing company part I, 179 89 provisions of, relating to existing company, unalterable by Additional liquidator-appointment of, in winding up under supervision 150 73 Adjournment of hearing of petition to wind up by the court letters of, may be taken out by official liquidator Adoption of proceedings of voluntary winding up when Advertisement- company's name to be inserted in every of closing register of members of special or extraordinary resolution to wind up volun- tarily voluntarily Affidavit-before whom to be sworn Affirmation-before whom to be made Alteration- in Memorandum of Association of company limited by of regulations of companies formed under Joint Stock 176 of Forms in Schedules by Board of Trade from orders from arrangement between creditors and contributories Appointment- 124 137 59 68 150 160 of official liquidator of liquidators of liquidator by court when none acting Application- of penalties 66 Arbitration- matters may be referred to, in accordance with "The Rail- way Companies Arbitration Act, 1859" 72 73 price of interest of members dissenting to sale of com- conduct of Arrangement with creditors- pany's property for shares, &c., to be determined by 162 79 when binding on them and company right of creditors or contributory to appeal Articles of Association- may accompany Memorandum of Association of company 37 37 79 limited by shares 14. 7 |