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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Sittings of action of the ordinary general business of the Court held in the city or town

the Court. mentioned in the name of the Court, or such other days as the judge may from

time to time appoint, cither generally as days on which cases commenced under the
stannaries jurisdiction will lie tiicd, or specially for the trial of any particular
action, matter, or other proceeding.
Rule 3. 3. The judge may try or partly try any action, matter, or other proceeding at

Whore actions any pla(-o within the district of the Court as fixed for the purposes of the stannaries
may be tried, jurisdiction.



County Count (Stannaries) 1897 025



4. Where application is made to the judge for the trial or part trial of an action,
matter, or other proceedino^ at a place in which a Court is not holden, the party-
making the aj^plication shall file a prcecipc undertaking to provide at his expense a
place to the satisfaction of the judge in which tlie action, mutter, or proceeding
may bo tried, and to jiay the necessai-y expenses of the judge and officers so
attending.

Pursers' and Creditors^ Suits abolished.

5. Pursers' and creditors' suits shall be abolished.

irinding-up of Companies.

6. Proceedings for the winding-up of comi^anies shall be regulated by, and costs
in such proceedings shall be taxed under, the statutory provisions, rules, and scales
of costs for the time being in force for the winding-up of compardes in the County-
Courts.

7. — (1.) Solicitors practising as advocates according to the usage prevailing in
the Stannaries Court before the first day of January, 1897, will be recognized as
such, and entitled to fees as such, when they appear in the character of advocates
in any winding-up proceedings before the judge in person at any sitting of the
Court ; but cliarges in both characters in i-espect of the same matter or act done in
Court by the same solicitor will not be allowed.

(2.) In attendances before the judge out of Court, or before the registrar, solicitors
■will be considered as attending in that character only, and entitled to fees and
necessary expenses, «S:c. as such.

(3.) Upon attending as advocates they will be entitled to fees not exceeding the
following : —

On the hearing of any original petition, 21. 2s. to 61. 5s.
On motions of course, 10«. Qd.
Other motions, \l. \s.

(4.) On the hearing or argument of or upon a special motion in any winding-up,
the registrar will be at liberty to treat it as an original petition, and allow fees of
advocates accordingly.

(5.) On the winding-up of companies the registrar in taxing the costs of advo-
cates' or solicitors' fees is to have regard to the solvency of the estate or fund, the
importance of the matters in issue, and the pecuniary value of the interests
involved.

(6.) When counsel are retained to attend before the Court, or before the judge
out of Court, or upon the examination of witnesses out of Court, the usual and
reasonable fees of counsel for such attendance may be allowed on taxation, if in the
opinion of the Court such attendance be desirable.

(7.) In the allowance to witnesses the scale of allowances sanctioned by the
County Court Kules is to be adopted.



Rule 4.

Undertaking
for expenses.
Form 318
(C. C).

Rule 5.
Pursers' and
creditors'
suits

abolished.
Rule 6.
Proceedings
for winding-
up companies,
p. 9

Rule 7.
Costs of
solicitor,
counsel,
and witnesses
in -winding-
up cases.
p. 9



Actions or Matters within Limits of County Court Jurisdiction.

8. Proceedings in actions or matters -within the limits of the ordinary jurisdiction
of the County Coiu'ts under the County Courts Act, 1888, shall be regulated by,
and costs in such proceedings shall be taxed under, the statutory provisions, rules,
and scales of costs for the time being in force in the County Courts.

Actions or Matters beyond Limits of County Court Jurisdiction.

9. Proceedings in actions and matters exceeding the limits of the ordinary juris-
diction of the County Courts under the County Courts Act, 1888 (hereinafter called
proceedings under the stannaries jurisdiction), shall be regulated by the following
Rules.

10. The records and papers in any proceeding under the Stannaries Jurisdiction
shall be intituled -with the name of the Court, and marked -with the words " Stan-
naries Jurisdiction."

\_Rules 11 to 23 apply to actions formerly commenced by writ of summons, and now by
entering a plaint and issuing a summons.'j

24. Subject to the foregoing Rules, the proceedings in an action commenced
under the stannaries jurisdiction shall be regulated by the statutory pro-visions and
rules for the time being in force regulating the proceedings in actions in the County
Courts.



Rule 8.
Proceedings
in cases
within limits
of County
Court juris-
diction.
Rule 9.
Proceedings
in cases
beyond limits
of County
Court jiiris-
diction.

Rule 10.
Proceedings,
how intituled,
pp. 21, 59
Rule 24.
General pro-
•visions as to
proceeding's.



926



Appendix B.



Rule 25.
Procedure of
High Court
(except under
Order XIV.)
to apply when
no other pro-
vision made.
Eule 26.
Provisions as
to proceedings
commenced
under ordi-
nary jurisdic-
tion -which
should have
been com-
menced under
stannaries
jurisdiction
and vice versa.
Rule 27.
Costs of
actions under
stannaries
jurisdiction.



25. Where no other provision is made by the statutory provisions or rules for
the time being in force, the practice and procedure in force in the High Court of
Justice shall apply to proceedings commenced in a County Court under the stannaries
jurisdiction. Provided that the procedui'e under Order XIV. of the Rules of the
Supreme Court shall not be resorted to in the County Court.

26. If in the course of any action or matter which has been commenced as being
within the limits of the ordinary jurisdiction of the County Court it appears that
the subject-matter of such action is beyond such limits, but within the limits of the
stannaries jurisdiction, the proceedings shall not be invalidated, but the action shall
thenceforth proceed in all respects, as to costs and otherwise, as if it had been
commenced under the stannaries jurisdiction : and in like manner, if in the course
of any action which has been commenced under the stannaries jurisdiction it appears
that the subject-matter of such action is within the limits of the ordinary juris-
diction of the County Court, the proceedings shall not be invalidated, but such
action shall thenceforth proceed in all respects, as to costs and otherwise, as if it
had been commenced as being within the limits of the ordinary jurisdiction of
the Court.

27. The costs of actions commenced under the stannaries jurisdiction shall be
allowed and taxed according to the riiles and scales of costs for the time being in
force in the County Court, and applicable to the subject-matter of such actions.

Provided as follows : —

(1.) Such actions shall be within Order La., Rule 7.

(2.) Where costs are taxed under column C, the fees allowable under items 70 to
73 may be increased at the discretion of the registrar, subject to review by
the judge, or by special order of the judge under Order La., Rule 7, to any
sums not exceeding the following ; that is to say,

£ s. d.

Item 70 may be increased to 5 5

Items 71 to 73 ,, ,, 3 3

(3.) Where costs are taxed under column C, reasonable fees may be allowed to
counsel in excess of those mentioned in items 85 to 94, in respect of the
matters referred to in such items, at the discretion of the registrar, subject
to review by the judge, or by special order of the judge, under Order La.,
Rule 7.

(4.) Where proceedings are taken for which no provision is made by the rules or
scales of costs, reasonable costs may be allowed in respect of such pro-
ceedings by the registrar, subject to review by the judge, or by special
order of the judge, not exceeding those which may under the scales or these
rules be allowed in respect of proceedings of a like nature.



We, Alfred Martineau, Henry J. Stonor, Richard Harington, William L. Selfe,
and William Cecil Smyly, being judges of County Courts appointed to frame Rules
and Orders for regulating the practice of the Courts and forms of proceedings
therein, having, by virtue of the powers vested in us in this behalf, framed the
foregoing Rules and Orders, do hereby certify the same Tinder our hands and submit
them to the Lord Chancellor accordingly.

(Signed) Alfred Maetineau, Heney J. Stonoe, Richaed Haeington, Wm. L.
Selfe, Wm. Cecil Smyly.

Approved (Signed) Halsbuey, C, Russell of Killowen, C.J., F. H. Jettne, P.,
A. L. Smith, L.J., R. Romee, J., Gainsfoed Beuce, J., H. H. Cozens-Haedy,
Joseph AdijISon.

I allow these Rules, which shall come into force on the first day of March, 1897.

(Signed) Halsbuey, C.
The 15th day of February, 1897.



927



(C.) Practice Directions.



IN THE HiaH COURT OF JUSTICE.

COMPANIES (WINDING-UP).

Teansfees.

No application for the transfer of the winding-up of a company or any proceed- p. 508
ings therein, from a County Court to the High Court, will be entertained until
the list of parties who have given notice of their intention to attend the hearing of
the petition has been closed.

The party applying for such transfer must give four days' notice by postal letter
of the apphcation for that purpose to the petitioner, respondent, and to all parties
in the list above mentioned.

Such letter must state that, unless notice is given to the applicant by any of
the above-named parties of intention to oppose, the application for such transfer
"will be taken as not objected to by the parties.

No costs will be allowed to any parties appearing to support or oppose a transfer
as above mentioned, unless for special reasons the judge shall otherwise determine.
(May, 1892.)

Motions.

A copy of the notice of every motion before the judge must be left in the office p. 25
of the registrar not later than two days before the day named for hearing the
motion.

A list of the motions will be prepared, and they will be taken in the order in
which they appear in such list. (May, 1892.)

Evidence on SxraoiONS.

On all applications by svimmons the evidence in support must be filed, and notice p. 27
of such filing must be served on the opposite party at the time of the service of the
summons.

The opposite party must file his evidence in answer within eight days of the ser-
vice of the summons, and the said notice and the applicant's evidence in reply must
be filed within three days from such last mentioned time. (June 2nd, 1892.)

Affidavits in Debentttee Actions.

All affidavits in actions by debenture holders which have been or shall be trans- p. 408
f erred to Mr. Justice Vaughan Williams are to bo filed in this office (Room 60,
Bankruptcy Buildings). Judicature fee stamps are used for these affidavits.
(October, 1892.)

Stitching Maegins.

All summonses, affidavits, and other documents to be filed in this office {i.e., the
office of the Registrar, Companies Liquidation, 66, Bankruptcy Buildings, Carey
Street, W.C.) must have a stitching margin of at least one inch, and no document
will be accepted for filing without such stitching margin, unless by the leave of the
registrar. (15th February, 1893.)

Shoethand Notes op Evidence befoee Eegisteae.

All fivcl voce evidence adduced before the registrar must be taken down in short-
hand. The solicitor obtaining an appointment at which it is intended to produce a
witness or witnesses should at once send notice to attend to the shorthand writers,
whose names will be supplied in Eoora Gd.



928 AlTENDlX C.



Appointments befoee Registear.

When appointments are adjourned by the registrar for a week or ten days,
&c., without any specific day being named, parties must attend at Room 66
and get a further appointment. Unless this is done the case will not appear in
the list.

By order.

Undertaking on filing Affidavits out of Time.

Notice.

ti When an affidavit is presented for filing out of time, such affidavit is only to

1)6 received on the undertaking of the solicitor to abide by the order of the Court as
to the costs of any adjournment occasioned thereby, and as to the solicitor's right
to charge any such costs against his client. (W. N. (189i) 368.)



Practice Masters' Rule.

TFrif, t^r. Department.

P- 401 Every writ of summons in a debenture holders' action shall be intituled, "In

the matter of the Company, ' ' and in cases where the company is in process of

being compulsorily wound up in the High Court, the action is to be assigned to
the judge having jurisdiction in the matter of the winding-up. (29th November,
1895.)

Board of Trade Instructions to Official Receivers as to Further Reports
UNDER Sect. 8 of 1890.

Reports to the Coiu't under sect. 8, sub-sect. 2 of the Companies (Winding-up)
Act, 1890.

1. The responsibility for any further report made under the above sub-section
rests exclusively with the official receiver. It is his duty to collect and consider
the facts upon which a judgment can be formed by him whether or not any such
report shall be made. If he decides to make a report, it is his duty to communi-
cate the draft report, and the facts upon which it is founded, to the Board of Trade,
in order that the Board may make such observations and suggestions as may occur
to them with a view to ensure that the Court is placed in possession of all the
material facts and circumstances of the case. The observations and suggestions
will be made in writing upon the draft report, which draft should be retained by
the official receiver. If the official receiver does not propose to make a further
report under the sub-section, he shall forthwith furnish to the Board a statement
of his reasons for thinking a report unnecessary, and shall send a copy of the
statement to the registrar acting in the winding-up of companies.

2. Upon the Board of Trade communicating their observations to the official
receiver, whether upon the draft report or upon the statement of reasons for
thinking a report unnecessary, it becomes his duty to give careful consideration
to them, and thereupon to determine on his personal responsibility alone, whether
the report shall be presented or not, and, if presented, the terms in which it shall
be expressed, and the opinions which it shall record.



PRACTICE DIRECTIONS. 929



CIRCULATION OF OFFICIAL RECEIVERS' OBSERVATIONS.

The following letter has been published : —

Board of Trade Companies Liquidation.

33, Carey Street, Lincoln's Inn, W.C,

January 6, 1896.

Sir, — I beg to inform you that the Board of Trade has been advised by counsel

that the official receiver is exceeding his statutory duties if he circulates to persons

other than creditors and contributories the observations on the statement of affairs

issued from this department, and may on this ground incur personal liability. I

regret that I am, therefore, unable in future to supply your representative with

a copy of the observations on the statement of affairs of companies ordered to be

wound up.

I am, Su", your obedient servant.

The 'Editor " The Financial JVews.^^ C. J. Stewabt.



DEBENTURE HOLDERS' ACTIONS.

Birectiotis to Chief Clerics as to Service of Notice of Judgment.

In ordinary cases the judgment in debenture holders' actions should not be served p. 422
on the debenture holders, but they should have notice given to them by circular or
letter, or by advertisement, if the case so requires, full discretion being reserved to
serve the judgment formally if thought advisable.

May 9, 1896. Ford Noeth.

N.B. — This matter has been considered by all the judges of the Chancery Division,
and to insure uniformity of practice similar directions will be given by each judge.

F. N.



3o



930



(D.) Miscellaneous Matters.



p. 625



QUEEN'S PEINTERS' DIEECTIONS AS TO ADYEE-
TISEMENTS FOE "LONDON GAZETTE."

Geneeal Advertisements.

All advertisements purporting to be issued in pursuance of statutes or under
orders of the Court, vinless signed by an official of the Court and sealed, should be
signed by a solicitor of the Supreme Court.



Insebtion op Advertisements.
The '■'■London Gazette'''' is published every Tuesday and Friday Evening.

Advertisements should be addressed, Harrison & Sons, 45, St. Martin's Lane,
London, "W.C., and can be received up to 2 p.m. on the day of publication.

Advertisements are inserted in the first Gazette after receipt, unless directions to
the contrary are given.

Parliamentary notices are subject to special regulations.

Advertisements may be sent by post.



Charges foe Advertisements.

{Sent to Messrs. Harrison & Sons, 45, St. Martin's Lane.)

£ s.
If not exceeding 100 words , 12



150
200
250
300
350
400



18

1 3
1 8
1 13

1 19

2 4



These charges include one copy of the Gazette, but if not required \s. may
be dedacted.

Fisrures and dates are counted as if written in words.



Late Fees.

£ s. d.
If received after 2 p.m. up till 5 p.m. on day previous to publi-
cation 5 extra.

Up till 12 a.m. on dav of publication 10 ,,

Uptill2p.m ', 10 0,,

Addressed envelopes forwarded on application.



STAMPS IN WINDING-UP.

On and after Saturday, tho 11th of October, all Bankruptcy and Companies
Wiuding-up StampH and Fonna will be sold in Room 59, Bankruptcy Buildings.

J. S. PuECELL, Controller of Stamps.
October 10.



LIST OF OFFICIAL RECEIVERS, ETC.



931



LIST OF OFFICIAL EECEIYEES AND ASSISTANT OFFICIAL

EECEIA^EES

Under the Companies (WiNDrNO-Up) Act, 1890.

{In the County Courts not mentioned on this page the Official Receivers in Banlcruptcy (seo pp. 932 el scq.
are also the Official Receivers under the Companies {Winding- Up) Act.)



Court.



High Court of Justice



High Court : For the purposes of -j
the district registry at Man-
chester

Chancery Court of the County
Palatine of Lancaster: For the
registry at Manchester



High Court and Chancery' Court \
of the County Palatine of Lan- (^
caster : For the purposes of the I
respective registries at Livei-pool . . /



Official Receivers and Assistant
Official Receivers.



Senior Official Receiver,
George Stapylton Barnes . . ,

Official Receiver.
Samuel Wheeler



Assistants.
Wm. James Warloy . . .
Arthur Samuel Cully . . .
Henry Martin Winearls



Official Receivers.
Christopher Jenkins Dibb .



Frederick Gittins.



Assistant.
Arthur Bayley Potter.



Frederick Gittins.



Chancery Court of the County-\
Palatine OP Lancaster: For the/ l^j^^^^^ Edelstou
pui-poses of the district registry at i
Preston J



Chancery Court of the County \
Palatine of Durham i



Bedford

Bury St. Edmunds.

Colchester

Ipswich

Luton

Northampton



John Grant Gibson .



Cecil Mercer



Brighton

Hastings ( Alexander Mackintosh

Lewes and Eastbourne j I



Office Address.



33, Carey Street, London,

W.C.
> Telegraphic Address —
" Concluding Loudon."



Byrom Street, Manchester.

Lisbon Buildings,

Victoria Street, Liverpool.



Lisbon Buildings,

Victoria Street, Liverpool.



14, Chapel Street, Preston.



Mosley Chambers, .
Mosley Street,

NeVcastle-on-Tyne.



95, Temple Chambers,
Temple Avenue, E.C.



24, Railway Approach,
London Bridge, S.E.



3o2



932



Appendix D.



OFFiciAii Eeoeiyees, &c., IN BANKRUPTCY {see note, p. 931).



Court.



Birmingham

West Beomwich .



Official Receivers and Assistant
Official Receivers.



WOEOESTEE



Bolton .

WiGAN



Beadfoed



Beistol .
Bath .
Feome

Wells



Canteebl'et.
Caediff



Carlisle

cockeemouth
Whitehaven



Caemaethen ....
Abeeystwith . .
Pembeoke Dock



Swansea

Neath .



Chestee

Bangoe

We?:xham and Llangollen . . . .

POETMADOC AND BlAENAU FeS-
tiniog



Coventey ..
Waewick



Deeby

Bueton-on-Teent ,
Chesteefield



Dewsbuey



Dudley

Kiddebminster
Stouebeidge . . . ,



East STONEnousE



EXETEB



Glottcester )

Cheltenham j



IIalhax



Luke Jesson Sharp . .

Assistants.

Charles Woollett ....



Ed. Cox {for Worcester)



Thomas Hall Winder.
Joseph Arthur Binns .



Edward Gustavus Clarke ,

Edward Worsfold Mowll ,
Thomas Henry Stephens ,



Kighley John Hough ,



Thomas Thomas



Assistant.
] Henry Rees



Llewelyn Hugh-Jones



Assistant.
William Griilith Williams.



Edward Thomas Peii-son
John Smith



Assistant (

Astbury James Hall j



Edgai- Ernest Deane .

Edward Percy Jobson

Jolin Grceiiway

Tliomas Andrew

Charles Scott

I'homas England



Office Address.



Whitehall Chambers,
23, Colmore lload,
Binningham.

45, Copenhagen Street,
Worcester.



16, Wood Street, Bolton.
31, Manor Eow, Bradford.

Bank Chambers,

Corn Street, Bristol.

73, Castle Street, Canterbury.
29, Queen Sti-eet, Cardiff.

34, Fisher Street, Carlisle.

4, Queen Street, Carmarthen.
31, Alexandra Road, Swansea.



Crypt Chambers,

Eastgate Row, Chester.



17, Hertford Street, Coventry.

40, St. Mary's Gate, Derby.
Bank Chambers, Batley.
Wolverhampton Street, Dudley.



10, Athenicum Terrace,
Plj'mouth.

13, Bedford Circus, Exeter.

County Chambers, Station Road,
G louccster.

Town Hall Chambers, Halifax.



LIST OF OFFICIAL RECEIVERS, ETC.



933



Court.



Hanley, Bueslem, and Tunstall \

Nantwicu and Ceewb I

Staffoeb I"

Stoke-on-Teent and Longton /



Sheewsbitey
Madeley . . ,



Heeefoed

Leominstee



Huddeesfield ,



Hull

Geeat Geimsby

Leeds



Leicestee .



Lincoln

Boston

Liverpool

Biekenhead

{See also list on p. 93L)

London (Subueban) and Noetheen^

DiSTEICT —

Baenet

Beentfoed

Chelmsfoed

Edmonton

Heetford

Newbury ,

St. Albans

Windsor



.\



Bedfoed

Luton

Noethampton



Cambeidge

Peterborough



Ipswich

BuEY St. Edmunds .
Colchestee



OXFOED

Aylesbuey

Banbury

Reading

{See also list on p. 93L)

London (Suburban) and Southeen
District —

Geoydon

Geeenwich

guildfoed

Kingston

TuNBEiDGE Wells

Wandswoeth

Beighton

Hastings

Lewes and Eastbouene ....
{See also list on p. 93L)



Official Receivers and Assistant
Official lleceivei's.



Thomas Bullock



Assistant.



Frank Cariss.



Mackay John Graham Scobie



Joseph Arthur Binns . . ,

Assistant.
Edward Foster Brook

Arthur Stewart Maples ,
John Bowling

John Gulson Burgesa . . ,

Richard John Ward . . .



Frederick Gittins , , .
Assistant.
Samuel Ring



Senior Official Receiver.
Cecil Mercer



Assistant.
Frederick Thomas Halcomb



Official Receiver.
Alfred Ewen



E. W. J. SavUl



Official Receiver.
Frederick Messent



George Mallam



Senior Official Receiver.

Alexander Mackintosh

Assista)tis.
Thomas Walter John Britten
Guy Hamilton Acheson

Official Receiver.
Howard W. Cox



Office Address.



King Street,

Newcastle-under-Lyme.



42, St. John's Hill, Shrewsbury.



2, Offa Street, Hereford.

19, John William Street, Hud-
dersfield.

Trinity House Lane, Hull.

St. Andrews' Chambers,
22, Park Row, Leeds.

1, Berridge Street, Leicester.

31, Silver Street, Lincoln.

Lisbon Buildings,

Victoria Street, Liverpool.



95, Temple Chambers,
Temple Avenue, E.C.
Telegraphic Address
Eliminate London."



1a, St. Paul's Square, Bedford.
5, Petty Curj', Cambridge.

36, Princess Street, Ipswich.

1, St. Aldate Street, Oxford.



24, Railway Approach,
London Bridge, S.E.
'Telegraphic Address
Bancarotta."



4, Pavilion Buildings, Brighton.



934



Appendix D.



Court.

Macclesfield i

Stockport I

Maidstoxe )

EOCHESTEE f

Mai^ohestee '^

Ashton-itndee-Ltne and Staly-/

BEIDGE >

Salfoed C

Waeeixgton )

{See also list on p. 931.)

Meethte Tydfil n

Abeedaee '

PONTYPEIDD f

Teedegae /

Newcastle -on-Tyne

{See also list on p. 931.)

Newpoet and Eyde

Newpoet, Mon

Newtown

NOEWICH ^

Geeat Yaemouth '

King's Lynn ^

nottingttaw

Oldham )

Rochdale and Baoup )

Peeston ^

blace3tjen v

bxtenlet j

{See also list on p. 931.)

Salisbttet \

DOECHESTEE f

Poole f

Yeovil /

scaeboeough

Sheffield

SOUTnAMPTON ^

Portsmouth J

WlNCHSSTEE )

Stookton-on-Teeb and Middi.ics- ^

BEOUOH >

NOETHALLEETON J



Official Receivers and Assistant
Official Receivers.



Arthur Crabtree Procter.
Richard Turner Tatham



Christopher Jenkins Dibb .

Assistant.
Arthur Bayley Potter



William Lewes Daniel



John Grant Gibson.



Harry Castell Damant . .
George Henry Llewellyn



John David Davies . .
HaiTy Pearce Gould
Henry Roby Thorpe
Hesketh Booth



St. Peter's Church Walk,
Nottingham.

Bank Chambers,



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