Francis Beaufort Palmer.

Company precedents for use in relation to companies subject to the Companies acts, 1862 to 1890 ... (Volume 2) online

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be payable out of money provided by Parliament, shall be remitted.

fCi;^,,rA\ i Sidney Herbert.

(Signed) I ^, jj_ Waleoxd.

Dated 10th day of June, 1891.



Dec. 17, 1891— OEDEE OF LOED OHANCELLOE
AS TO Fees.

ORDER AS TO FEES.
I, the Right Honourable Hardinge Stanley Baron Halsbury, Lord High Chan- p. 577
cellor of Great Britain, do, by virtue of the powers vested in me by the Companies
(Winding-up) Act, 1890, direct that the fees in the scale hex'eto annexed shall, from
and after the date of this order, be the fees to be paid in respect of proceedings
under the said Act, in lieu of the fees in the scale annexed to the order of
December 18, 1890.

(Signed) Haxsbuey, C.

Dated the 17th day of December, 1891.

SCALE OF FEES.

Table A.

£ s. (L

Every petition 2

Every bond with siu-eties 10

Eveiy subpoena or summons 3

Every order made in Court (except a winding-up order) 1

Every order made in Chambers o

Every affidavit filed other than proof of debts 'I

For taking an affidavit or an affirmation, or attestation, upon honour in

lieu of an affidavit or a declaration, except for proof of debts, and

except declaration by a shorthand writer under Rule 16 (Form 6) for

each person making the same 1 6

And in addition thereto for each exhibit referred to therein and

required to be marked 1

On every proof of debt above £2 (other than proof for workmen's wages

under'Rule 106) 1

Every application for search other than by petitioner, liquidator, or officer

of the company 1

Every office copy, each folio of 72 words 4

Every application to inspect liquidator's statement lodged with Registrar

of Joint Stock Companies under section 15 of the Act ^ 2 6



902 Appendix B.

Every copy of or extract from sucli statement, each folio of 72 word« or £ s. d.
figiu-es 4

Every aijplication by a committee of inspection to the Board of Trade

for a siDecial bank account 1

Every order of the Board of Trade for a special bank account 2

Every application by a liquidator to an official receiver acting as committee

of inspection 10

Every application under section 15 of the Act to the Board of Trade
for payment of money out of the Companies Liquidation Account ; and
every application for the re-issue of a lapsed cheque or money order in
respect of moneys standing to the credit of the Companies Liquidation
Account : —

Where the amount applied for does not exceed £1 1

Where the amount applied for exceeds £1 2 6

On one copy of the cash book showing assets realised, forwarded
by the official receiver or liquidator to the Board of Trade, a fee
according to the following scale on the gross amount of the assets
reaUsed and brought to credit, viz. : —

On the first 5,000Z. or fraction thereof 1 per cent.

On the next 9.5,000;. ,, ,, J ,,

On the next 400,000/. ,, ,, i ,,

On the next 500,000;. ,, ,, i ,,

Above 1,000,000;. „ ,, _ -h ,,_

For taxation of costs. — The same fees as those directed to be paid
and collected by the order for the time being as to Supreme Court
fees.

{As to ichenfee is not to be jmid in stamps, see Treasury Warrant,
April 13, 1896.)

Table B.

p. 231 I. — Where the official reeeiver acts as provisional liquidator only.

(a.) If the petition is withdrawn or dismissed: —
Such amount as the Court may consider reasonable to be paid by
the petitioner (in addition to the fee payable on the petition) in
respect of the services of the official receiver as provisional
liquidator,
(b.) Where a winding-up order is made, but the official receiver is
not continued as liquidator : —

(1.) In respect of every 10 members, creditors and debtors,

and every fraction of 10 10

Provided that where the net assets of the company are esti-
mated not to exceed 500/., three-fifths of the above fee only shall
be charged.

(This fee to include cost of official stationery, printing, books,
forms, and postages.)

(2.) On the value of the company's property as estimated in
the statement of affairs : —

On the first 5,000;. or fraction thereof 1 per cent.

On the next 20,000;. ,, ,, i ,,

On the next 75,000;. ,, ,, \ „

Above 100,000;. „ ,, J ,,

II. — Where the official receiver is continued as liquidator of the comjmny {in-
cluding his services as provisional liquidator).

(1.) In respect of every 10 members, creditors and debtors, and

every fraction of 10. 1

Provided that where the net assets of the company are esti-
mated not to exceed 500;., three-fifths of the above fee only shall
bo diarged.

(Tliis foe to include cost of official stationery, printing, books,
foririH, and ])ostages.)

(2.) Upon the total assets, including produce of calls on contribu-
torics, realised or brought to credit, after deducting sums paid to
"Bcured creditors (other than debenture holders), and not being'



Order as to Fees. Order December, 1891 903

moneys received and spent in carrying on the business of the £ s. d.

company : —

On the first 1,000^. or fraction thereof 5 per cent.

On the next 1,500/. ,, ,, 4 ,,

On the next 2,500/. ,, ,, 3 ,,

On the next 5,000/. ,, ,, 2 ,,

On the next 90,000/. ,, ,, 1 ,,

On the next 400,000/. ,, ,, .', ,,

On the next 500,000/. ,, ,, \ „

Above 1,000,000/. ,, ,, i-

(3.) On the amount distributed in dividend or paid to contribu-

tories, &c Half the above percentages.

III. — irhcre the official receiver is continued as liquidator of the company for
the purpoae of carnjing out a reconstruction or other scheme by which
the affairs of the company are icound up otherivise than by the realisa-
tion and distribution of the assets : —
(1.) For every 10 members, creditors and debtors, and on any assets
realised or distributed, the same fees as are chargeable under No.
II. of this table.
(2.) On the estimated value of the company's property (after deduct-
ing any amount realised), the same fees as are chargeable under
No. I. of this table.

These fees to include the services of the official receiver as
provisional liquidator.

IV. — Travelling, keeping possession, legal and other reasonable expenses
of th^ official receiver, the amount disbursed.

V. — On every payment under section 15 of money out of the Companies
Liquidation Account, tlireepence on each pound or fraction of a
pound to be charged as follows : —

Where the money consists of unclaimed dividends, on each

dividend paid out.
Where the money consists of undistribvited funds or balances,
on the amount paid out.



Table C.

High bailiff for attending sittings of the Court, under each winding-up

order, per case 6

Serving every petition or subpoena or winding-up or other order (not

serviceable by post) within two miles, including affidavit of service .... 3 6

If serviceable by post ,. 1

Executing every warrant of seizure, or search warrant, or warrant of

apprehension, or order of commitment witliin two miles of Court 10

Keeping possession under a warrant, for each day the man is actually in

possession ; including affidavit of possession being actually kept 4 6

(Not less than 3s. Qd. of the above sum is to be paid to the man in

possession, and his receipt produced.)

High bailiff's or (in the London district) officer's man, travelling to place

of possession, or to execute a warrant of or order of commitment, or to

serve a summons or subpoena, or for any other purpose specially directed

by the Court, per mile 6

His time, per day, where distance exceeds 10 miles 4 6

His expenses, per day , 4 6

If high bailiff of a County Coiut or officer of Supreme Court directed by

the Court personally to travel, per mile , 7

His time, per day 10

His expenses, per day 10

We, the undersigned Lords Commissioners of Her Majesty's Treasury, do
hereby sanction the foregoing scales of fees, and do direct that the fees mentioned
in Table A. shall be taken in money, except when they are to be taken by an officer
of the Supreme Court of Judicature, or an officer of the Board of Trade, or an officer
in the Companies Registration Office, and that the fees mentioned in Tables B,
and C. shall be taken in money.



904



Appendix B.



The documents to be stamped and the description of stamps to be used shall be
as provided in the schedule annexed hereto.

The adhesive stamps shall be Judicature Fee Stamps, when the fee is to be
taken by any oificer of the Supreme Court of Judicature ; they shall be stamps
over-printed with the words "Companies Winding-up," when the fee is to be
taken by the official receiver or any other officer of the Board of Trade ; and they
shall be the stamps used for the purposes of the ' ' Companies Act ' ' when taken by
any officer in the Companies Registration Office.
{Amended by Order of Julij 8, 1892.)

They shall be cancelled by the various Court or other officials by perforation, or
in such other manner as the Commissioners of Inland Kevenue may from time to
time direct.

The impressed stamp shall be of such character as the said commissioners may
adopt for the purpose.

And we further direct that wherever practicable the stamp shall be affixed or
the money paid in respect of every fee before the proceeding is had in respect
of which the fee is payable ; and that the charge to be made by the London
Gazette for the insertion of each notice authorised by the Act or Rules shall
be five shillings.

Heebeet Eustace Maxwell,
Sidney Heebeet,



(Signed)



Dated the I7th day of December, 1891.



Two of the Lords Commissioners of Her
Majesty's Treasury.



The Schedule above eefeeeed to.



Proceeding.



Every petition

Every bond with sureties

Every affidavit filed

Every subpoena or summons

Every order made in Court or chambers

For taking an affidavit or an affirmation, or

attestation upon honour in lieu of an affidavit

or a declaration.
Every proof of debt above 21

Every application for search

Every application to inspect liquidator's statement.
Every copy or office copy

Every certificate of taxation by any officer of the
Court for any costs, charges, or disbursements.



DocTiment to be
stamped.



Petition
Bond . .
Affidavit



Subpoena or
summons.

Order

Affidavit ....



Proof



Application .
Application .
Office copy .

Certificate .



Character of

Stamp to be

used.



Impressed.
Impressed.
Impressed or

adhesive.
Impressed.

Impressed.
Impressed or
adhesive.

Impressed or
adhesive.

Impressed.

Impressed.

Impressed or
adhesive.

Impressed or
adhesive.



Orders January and February, 1892 005



Jan. 8, 1892— OEDER OF BOAED OF TEADE as to

Form of General Proxy.

I

Pursuant to Clause 2 of Rule 3 of the Companies (Winding-up) Rules, 1890, the Form 158.
Board of Trade hereby substitute the form of general proxy set out at the foot
hereof in lieu of the existing Form No. 73 in the Companies (Winding-up) Rules,
1890, and henceforth the substituted form shall be the Form No. 73 in the Appendix
of forms referred to in the said rules.

By order of the Board of Trade,

John Sjiith,
Inspector-General in Companies Liquidation, authorized in that
behalf by the President of the Board of Trade.

Dated this 8th day of Januaiy, 1892,



Jan. 8, 1892.— OEDEE OF BOAED OF TEADE as to

Form of Liquidator's Statement of Account.

Pursuant to Clause 2 of Rule 3 of the Companies (Winding-up) Rules, 1890, gg„ Forms
the Board of Trade hereby substitute the form of Liquidator's Statement of 219 220
Account set out at the foot hereof in lieu of the existing Form No. 75 in the Ap- „ 050
pendix to the Companies (Winding-up) Rules of the 30th April, 1891, and hence-
forth the substituted form shall be the Form No. 75 refeiTed to in Rule 2 (r27A)
of the said rules.

By order of the Board of Trade,

John Smith,
Inspector- General in Companies Liquidation, authorized in that
behalf by the President of the Board of Trade.

Dated this 8th day of January, 1892.



Feb. 5, 1892.— COUNTY COUET EULE (1892), 146.

146. [Order XLL, Etde 9. Winding-up of Building and Industrial and Provident p_ glS
Societies.'] — The provisions of the Companies Acts, 18C2 to 1890, and the rules made
thereunder, so far as they relate to winding-up, shall apply to the winding-up of
societies registered under "The Building Societies Act, 1874," and "The Industrial
and Provident Societies Act, 1876," and the winding-up of any such societies shall
be conducted in all respects as if such societies were companies registered under any
of the said Companies Acts. Costs shall be taxed according to the scale of costs for
the time being in use in the Supreme Court.



906 Appendix B.

March 26, 1892— OEDER VESTING JURISDICTION IN
VAUGHAN WILLIAMS, J.



15



Whereas tinder and pursuant to section 5 of the Supreme Court of Judicature
Act, 1884, the Honourable Mr. Justice Vaughan Williams (being the judge of the
High Court who for the time being exercises the bankruptcy jurisdiction of the
High Court) has consented, with the concurrence of the Lord Chief Justice of
England, to sit and. act as an additional judge of the Chancery Division of the
High Court, for the purpose of hearing the causes and matters assigned to him by
the Lord Chancellor or any applications therein. Now therefore I, the Right
Honoirrable Hardinge Stanley, Baron Halsbury, Lord High Chancellor of Great
Britain, do hereby, by virtue of the powers vested in me by section 2 of the Com-
panies (Winding-up) Act, 1890, section 5 of the Supreme Court of Judicature Act,
1884, and all other powers enabling me in that behalf, order that, on and after the
6th day of May, 1892, the jurisdiction of the High Court under the Companies
(Winding-up) Act, 1890, shall until fui-ther order be exercised by the Honourable
Mr. Justice Vaughan Williams, sitting and acting for the piu-pose of the exercise of
such jurisdiction as an additional judge of the Chancery Division, and the said,
judge shall, on and after the day aforesaid, and until further order, be the judge
of the High Coiu't assigned for the purpose of the exercise of that jurisdiction,
pursuant to the Companies (Winding-up) Act, 1890.

,0- js ( Halsbtjey, C.

(S'°^^*^) 1C0LEEIDGE,C.J.

The 26th. day of March, 1892.



Rules April, 1892 007



THE COMPANIES WINDINa-UP EULES (APEIL), 1892.
Companies Acts, 1862 to 1890.

GENERAL RULES MADE PURSUANT TO THE COMPANIES ACTS,
1862 TO 1890, AND THE JUDICATURE ACT, 1881.

Part I. — Peoceditre in the High Court.

Part II. — Rules relating to Winding-up Matters in all Courts to AVHicn
Jurisdiction is given under the Acts.

Freliininary.

1. These rules shall api^ly to all proceedings for or iu relation to the winding-up Application
of a company where a petition to wind up the company or to continue the volun- of rules,
tary winding-up of the company under the supervision of the Court has been pre- p. 19
sented, or where an application in the voluntary winding-up of the company has
for the first time been made, on or after the 1st day of January, 1891 ; unless the
judge before whom any such proceedings may be pending when these rules come
into operation shall think it expedient to retain them.

Part I. — Procedure in the High Court.
Court and Chamhcrs.

2. — (1.) All proceedings in the winding-up of companies iu the High Court Office of
to which these rules apply shall be from time to time attached to one or more of the re°i«trar in
registrars, who shall, together with the necessary clerks and officers, and subject to High Court,
the Acts and rules, act under the general or special directions of the judge of the p. 21
High Court.

(2.) Every other registrar may act for and in place of such registrar as above
mentioned in all proceedings under the Acts and rules, including the holding of
public examinations, and when so acting such other registi'ar shall be deemed to be
the registrar for the purposes of the Acts and rules.

3. — (I.) The following matters and applications shall be heard before the judge Matters in
of the High Court in open Court : — High Court

(«.) Petitions. to be hoard in

[b.) Appeals from the Board of Trade and official receiver to the High Court. Court.

[c.) Applications by the Board of Trade under section 15 of the Companies pp. 25, 578
(Winding-up) Act, 1890.

{d.) Applications for the committal of any person to prison for contempt.

{e.) Such matters and applications as the judge may from time to time by any
general or special oixiers direct to be heard before him in open Court.

(2.) Examinations of persons summoned before the High Court under section P- 516
115 of the Companies Act, 1862, shall, unless the judge of the High Coui't shall
otherwise direct, be held before the registrar in Chambers.

(3.) Every other matter or application in the High Court under the Acts to which
the rules apply may be heard and determined in Chambers.

4. Subject to the provisions of the Acts and rules, the registrar may, under Applications
the general or special directions of the judge, hear and determine any application in chambers,
or matter in the High Court which, under the Acts and rules, may be heard and p. 27
determined in Chambers. Any matter or application in Chambers may at any
time be adjourned from Chambers to be heard by the judge of the High Court in
Court, and any matter or application in Court may be adjourned to be heard and
dealt with in Chambers.



908



Appendix B.



Applications
in Court and
chambers,
pp. 25, 26,
679



Title in Higli

Court.

p. 20



p. 20



Written or
printed pro-
ceedings,
p. 24

Process to be
sealed.
p. 29

Summonses.
Form 58 [10],



26



Orders,
p. 30



File of pro-
ceedings in
office of
registrar,
pp. 22, 113

Office copies,
pp. 31, 122



AVarrants of
arrest,
p. 528
Transfer of
actions.
p. 512

p. 28



401



5. Applications in Court, other than petitions, shall be made by motion, notice
of which shall be served on every person against whom an order is sought not less
than two clear days before the day named in the notice for hearing the motion.
Applications in Chambers, other than ex parte applications, shall be made by
summons.

Trocecdings.

6. — (1.) Every proceeding in the High Court in a winding-up matter to which
these rules apply shall be dated, and shall be intituled as follows : —

In the High Court of Justice.

Companies (Winding-up).
Mr. Justice

In the matter of the Companies Acts, 1862 to 1890.
with the name of the matter to which it relates. Numbers and dates may be
denoted by figures.

(2.) The first proceeding in every winding-up matter shall have a distinctive
number assigned to it in the office of the registrar, and all proceedings in any
matter subsequent to the first proceeding shall bear the same number as the first
proceeding.

7. All proceedings to which these rules apply shall be written or printed or
jDartly written or partly printed on paper of the size of 13 inches in length and
8 inches in breadth, or thereabouts ; but no objection shall be allowed to any
proof, affidavit, or proxy on account only of its being written or printed on paper of
other size.

8. All orders, summonses, petitions, warrants, process of any kind (including
notices when issued by the Court), and office copies in any winding-up matter to
which these rules apply shall be sealed.

9. Every siunmons in a winding-up matter in the High Court to which these
rules applv shall be prepared by the applicant or his solicitor, and issued from
the office of the registrar. A summons, when sealed, shall be deemed to be issued.
The person obtaining the summons shall leave in the registrar's office a duplicate
which shall be stamped with the prescribed stamp and filed.

10. Every order, whether made in Court or in Chambers, in a winding-up matter
in the High Court to which those rules apply, shall be drawn up by the registrar,
unless in any proceeding or classes of proceedings the judge of the High Court or
registrar who makes the order shall direct that no order need be drawn up. Where
a direction is given that no order need be drawn up the note or memorandum of
the order, sig-ned or initialled by the judge of the High Court or the registrar
making the order, shall be sufficient evidence of the order having been made.

11. All petitions, affidavits, summonses, orders, proofs, notices, depositions, bills
of costs, and other proceedings in the High Court in a winding-up matter to which
these rules apply shall be kept and remain of record in the office of the registrar
in one continuous file, and no proceeding in any winding-up matter to which these
rules apply shall, from and after the commencement of these rules, be filed in the
Central Office.

12. All office copies of petitions, affidavits, depositions, papers, and writings,
or any parts thereof, required by any liquidator, contributory, creditor, officer of a
company, or other person entitled thereto, shall be provided by the registrar, and
shall, except as to figures, be fairly written out at length, and be sealed and
delivered out without any unnecessary delay and in the order in which they shall
have been bespoken.

13. A warrant of arrest issued by the High Court under R. 76 of the Companies
Winding-up Rules, 1890, shall be issued in the Central Office of the Supreme Court,
pursuant to an order of the judge directing such issue.

14. — (1.) Where an order has been made in the High Court for the winding-up
of a company on ;i petition presented on or after the 1st day of January, 1891, the
judge of the High Court shall have power, without further consent, to order the
transfer to liiiu of any cause or matter pending in any other Coui't or Division
brought or continued by or against the company.

(2.) Where any action brought by or against a company against which a
winding-up order has been made is transferred to the judge of the High Court, the
rc^ristrar may, under tho general or special directions of the judge, hear, determine,
and deal with any apj)lioation, matter, or proceeding which, if the action had not
bf^cn transferred, would ha^o been determined in Chambers.

(;i.) Provided always that nothing in this rule or in Order XLIX. r. 6, of the
Rules of the Supreme Court, 1883, shall authorize the transfer of any action by a



Companies Winding-up Rules, 1892. Rules April, 1892 909

mortgagee or debenture holder for the purpose of realizing his security nor the
transfer of any action which is not brought to enforce payment of a debt or
demand provable in the winding-up.

Petitions in the High Court.

15. A petition to the High Court in a winding-up matter to which these rules Petitions in
apply shall be presented at the office of the registnir, who shall appoint the time High Ci)iirt.
and place at which the petition is to bo heard. Notice of the time and place pp. 44, 64
appointed for hearing the pelitiou shall be written on the petition and sealed copies

thereof, and the registrar may from time to tmie alter the time appointed and fix
another time.

Applications under sect. 15 of the Companies [Winding-up) Act, 1890.

16. Every application by the Board of Trade for the purpose of ascertaining and Applications
getting in money payable into the Bank of Englaiid, pursuant to sect. 1.3 of the by Board of
Companies (Winding-up) Act, 1890, shall in a winding-up in tlie High Court to Trade under
which these rules apply bo made and dealt with by the judge of the High Court sect. 15 of the
upon motion. Act.

pp. 247, 256,
Miscellaneous. 262

17. In all proceedings for the winding-up of a company under the supervision of Proceedings
the Court, or the volimtary winding-up of a company, to which these rules apply, in windings-
the rules contained in the General Order of the High Court of Cliancery dated the uj) under
11th of November, 1862, which relate to such proceedings, shall, so far as appli- supervision,
cable, be observed, subject to the following modifications : — and voluntary

Expressions in the said order relating to the judge shall be deemed to refer to windings-uj).
the judge of the High Com't within the meaning of these rules. pp. 654, 669

Expressions in the said order relating to the chief clerk and the chambers of the
judge shall be deemed to refer to the registrar and his office.

AU orders shall be drawn uj) and filed in the office of the registrar in the
manner hereinbefore provided with reference to orders made on the compulsory
winding-up of a company, and R. 11 of these rules, relating to the tiling of
affidavits and other documents in the registrar's office, shall ajjply to all such
proceedings.



Past II. — Rtjles eelating to WiNDiNa-up Matters in all Coxtets to which



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