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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approval by registrar where no order to tax [575]

3 Q 2



964 INDEX.

COSTS— continued.

assets of company, when payable out of, 566 — 568

attendance of parties, caused by, 137

bill of, to be filed, 569

building and industrial societies wound-up in county courts, 566

certificate,

no sums received from contributories, of [575]

sums received from contributories, of [575]

taxation, of [574]
Chancery rules, how far binding, 566
committee of inspection (expenses of), 568
company, ordered to be paid by, 565
concurrent petition, of, 62, 77, 90, 92
court's power to determine priority, 565, 566, 782
debenture-holders, of, 566, 567

adding to security (order) [436]

insolvent company, 409

orders as to [436, 437, 439—441, 444]

representative plaintiff, 408

solvent companies, 408
disbursements of liquidator, priority of, 568
discretion of Court, 566
file of proceedings, lien on, 566
filing bill of, 569
general meeting, of, 348
incumbrancers, 665 — 567

consenting to realization, 566

effect of securities on order for payment, 565

priority of, 566

rights of, 567

[And see supra, "debenture -holders."]
inferior court, review of taxation in, 569
insufficient assets, where, 565
jurisdiction as to, 565, 566
lien for,

official receiver, of, 209

solicitor, of, 566

[And see Lien.]
liquidator's position as to, 215, 565, 567

personal liability to solicitor, 566

remuneration, when it ranks, 668

taxation, 568. [And see i«/m, "taxation."]
litigation (outside), 215, 565
misfeasance proceedings, of, 542, 543
notices,

application for, of, after proceedings, 569

taxation, as to [573, 574]
official receiver,

appointment of liquidator, on, 209

duties as to, 151, 568, 569

fees, priority of, 567

payment by, sanction of registrar, 570

personal liability for, 151, 362

liquidator, as, 205, 212, 215, 550

proof of debts, as to, 362

public examination [533]

security for costs by, 325, 650
orders for payment,

liquidator to pay and recoup out of assets [572]

licjuidutor to pay out of assets [572]

when rcquisito, 577
outside litigation (old practice), 665
payment of,

company, by [84]

liquidator, by, order [572]
persons employed with sanction of committee of inspection, of, 568



INDEX. 965

COSTS— coufiiuied.

petitioner, of, 5G5, 6G7

priority of, 665, 567
preservation, of, 5G7
printing accounts, 234
priority of, 565 — 568

committee's expenses, 568

Coui't may regulate, if assets insufficient, 565

disbursements of lit^uidator, 568

expenses of persons employed with committee's sanction, 568

order of (rule 31 of 1890) . .566— 568

order of Court declaring priorities [571]

persons employed with committee' s sanction, 568

petition, 568

remuneration of liquidator, 668

shorthand writer, 568

special manager, 568

statement of aliaii's, 567, 568

supervision proceedings, in, 693
proceeding against company without leave, on, 336
prolixity in petition, 46
proof of debts, as to, 362, 367
provisional liquidator,

orders as to [104, 105]

priority, 568

taxation of [104, 105]
public examination, as to, 524
realization, of, 567
refusal to give evidence, 120

register kept by taxing officer (Form 11 of 1890) . . [576]
registrar's approval of, 570

return by taxing officer (Form 9 of 1890) . . [576]
sanction to purchase from committeemen, &c., of, 275
second petition, of, 52, 77, 90, 92
security for,

liquidator and official receiver [549, 550], and notes

misfeasance proceedings, 549, 550

petition, of, 74

[And see Petition.]

plaintiff company, 74, 325
shorthand writer, 568
solicitor employed by liquidator,

liability to, 566

lien of, 566

[And see Lien.]
special manager, remuneration and expenses, 568
special statutes as to, 566

Stannaries (County Court) Jurisdiction, 567, 924 — 926
statement of afiaii-s, 568
summary of liquidator's accounts, of, 233
summoning general meeting, of, 348
summons for calls and [488, 491]
taxation of (Rules of 1890) . . 568—570

accountant employed by official receiver or liquidator, of, 569, 570

allocatur of registrar, 570

appeal from review of, 570

appointment to tax, 568

notice of . [See i/ifrn, "notice."]

auctioneer employed by official receiver, liquidator, &c., 569, 570

authority of Board of Trade to solicitor, production of, 569

bill or charges, lodging, 568, 569.

Board of Trade's authority, production of, 569

broker employed by official receiver or liquidator, 569, 570

certificate of, 569

finding in, as to sums received from contributories [575]
forms, of [574, 575]



966 INDEX.

COSTS— co)iii)n<ed.

taxation of (Rules of 1890) — continued,

certificate of official receiver or liquidator on, 569
compromise — affidavit as to sums received on [573]
contributories — finding as to sums received from [575]
copy authority to solicitor [569]
copy of bill for official receiver or liquidator, 569
Court other than High Court,

review by High Com-t taxing master, 569
creditor's representative to attend — appointment of [571, 572]

and note
delivery of papers before, when subject to lien [284]
dissolution, up to [575]
documents to be produced, on (bill of person employed by official

receiver or liquidator), 569
liquidator, of,

certificate of, as to remuneration of persons employed by,

569
copy bill for, 569
orders for [570 — 572]
persons employed by, 569
lodging bill (or charges), 568

manager employed by official receiver or liquidator, 569, 570
notice (by party) of appointment,
liquidator, to, 568
official receiver, to, 563
notices (by taxing officer), as to, 568 [573, 574]
official receiver,

certificate as to remuneration of persons employed by, 569
copy of bill for, 569
objection to items by, 569
official receiver and liquidator, of — order for [570]
orders for [570 — 573]
action, of [572]
appeal, of [572]
change of solicitors, on [572]
person employed by official receiver or liquidator, certificate to

be produced on, 569
provisional liquidator, of [104, 105]
register of taxed bills, 569 [576]
return of taxed bills, 569 [576]
solicitor, copy of authority to, 569
taxing officer,
notices by.

[_See supra, "notice."]
register of bills taxed, 569 [576]
return to Board of Trade, 569 [576]
review of taxation by, costs in other Courts, 569
voluntary winding-up, in [664, 665]
transfer from County Court— of application for, 509
voluntary liquidator, of, on petition, 90
voluntary winding-up, in, 664
winding-uj:), of, 565
winding-up order, of, 89, 90



COUNSEL,

private examinations, at, 518
public examinations, 524
Stannaries jui-isdiction, luidor, 925



COUNTERCLAIM,

liberty to deliver, in action against company [340]
security for costs of company's, 325



INDEX. 967



COUNTY COURTS, 605 it ne^i.
advertisements, 607
ajipeals from, 609

to Divisional Court, 609

entei'ing, 612

entering, as to, 610

extension of time, 612

in formd pauperis, 613

judge's notes, as to, 610
as to copies, 612
where no judge's note, 611

notice as to, 612

practice as to, 610

security for costs, 613

stay, none, unless ordered, 612

time for, 609, 012

where none, 611
building societies, 614

supervision orders as to, 615

when to be deemed companies, 615
certiorari, none, 611
committee of inspection, notice, 607
cross-examination in,

order for [124, 125]
exclusion of Coiu-ts, 17
exclusion from jurisdiction, 14
Ji. fa., writ of, to sheriff, cannot issue, 606
general provisions as to practice, 606
high bailiffs, duties of, 607

industrial and provident societies, winding i:p, 60S, 616
jurisdiction, 17

jurisdiction to wind up in, 605
matters to be heard in, 25
Metropolitan, excluded from jurisdiction, 17
misfeasance, proceedings as to, 608
petition to,

ordinary [59]

Stannaries juiisdiction [59]
powers of High Court vested in, 606
practice, where no express provision, 606
procedure, 606
process in, 29

provident society, as to winding up, 616
pubhc examination, as to, 608
registrar in, 28

restraining proceedings in, orders [329, 330]
sittings, place and time for, 607
special case for High Covxrt, as to, 608
Stannaries jimsdiction, as to, 10, 605, 608, 613
titles of proceedings [21]
transfer of proceedings, 507
transfers to High Court, 608



COURTS,

adjournment into Chambers, 25

from Chambers into Court, 27
jurisdiction to wind up, 13, 844
registrar, powers of, 27, 28
what companies can be wovmd up, 10
wrong, effect of proceeding in, 18



CREDIT,

mutual, 375



I



968 INDEX.



CREDITORS, 359—400
actions by, 326
advertisement,

first meeting, 177

supervision proceedings, in, 678

voluntary vrinding-up, in, 634
■winding-up petitions, 61
affidavits by, in proof of debts [179] 360 [379]
amendment of proof, 365
arrangements with, Act of 1S70. .699
assignee of, may petition, 39

take dividend, 365
attending proceedings [138] 139
bank notes, 365

bill of exchange, production, 361
blind, proxy of, 183
breach of trust, 366

calls on shares held by corporation, 366
charging order, enforcement, 397
classes of. Act of 1870. .701 [710]
committee of inspection, on, 219
competition between, and shareholders, 364, 375
compromises with, under Act of 1862, s. 159. .556
contracts, for sums payable under, 367

breach of, 367
control of hquidator by, 208
copies of petition, entitled to, 45, 61, 875
costs of proving, 367
Cro^-n, 394

damages liqiiidated, 368
damages unliquidated, 359, 368, 378
debentures and debenture stock, 401 et seq.
debts and liabilities proveable, 359
dii'ections of liquidator to, 212, 213
directors' fees, 379

dissolution of company, effect of, as regards, 602
dividends to, 363, 389 et seq.
examinations under s. 115, none, 517
exclusion from dividend of, 364

provmg after time of, 364 [388]
execution, under, liberty to pay out [333]

restraining [331]
expunging proof, 368, 387
fii-st meetings of, 172—189

official receiver's duties as to, 146
foreign, as to binding (Act of 1870), 704
fraudulent preference, as to, 547
general meetings of, 149, 347, 358
guarantees, 377
indemnity, 369
inspection of books by, 209
insurance policies, 371
interest, proof for, 309
judgments, 370

limit of time for proving, 364, 388, 782
liquidated damages, 368
liquidator's duties as to, 212
list of, first meeting, at [187]
majority of, under Act of 1870. .702
meaning of "creditor," 360, 700
meetings of, 347—358, 845

Act of 1870, under, 099
negotiable instrument, 361, 365
notices to,

first mooting, of, 172

general meeting, of, 347

public examination, appointment for [632]



INDEX. 969



CKETHTORS—^ontiiuied.
payment in full, 789
petitions by [47]
policies of insurance, 371
preferential debts, 398, 863
private examination, 516
promissory note, 361, 365
proof of debts, 359 et seq.

[And see Peoof of Debts.]
proxies by, 174, 349, 701
public examination notes, 525
public examination, taking part in, 521
quoriun of, 176

removal of liquidator, application for, 692
representation order, 139
resolutions of, 176, 347
salaries and wages, 373
secured, who are, 364, 373, 374

execution creditor, when, 374

inquiry as to secui'ities [395]

liquidator's duties as to, 204

leave for proceedings by, 335

proof by, 329, 363, 395
amendment of, 395
valuation of security, 381

restraining proceedings by, 328
solicitor's bill of costs, 367
sureties, 377

imsecured, proof by, 359
volimtary winding-up, in, 634 et seq.
wages, 378

winding-up order, when entitled to, 39
wishes of, Court to regard, 44, 78, 79, 347, 779

supervision order, as to, 788

CRIMINAL PROCEEDINGS,

against directors and others, 561

CROSS-EXAMINATION,

affidavit, on, 122

Court, in, order for [124, 125]

examiner, before, 122

examiner, before, orders for [124, 125]

liquidator, of [125]

order for, 122 [124, 125]

petition, on [71, 72] 124

registrar, 122

summons for [124]

CROWN DEBTS,
proof for, 368

CUMULATIVE,

powers of Act are, 783



DAMAGES,

proof for, 368, 378
undertaking in [329]
inquiry [343]

DEATH,

contributories, as to, 446, 777
liquidator, of, 191
petitioner, 85



970 INDEX.

DEBENTTJEES AND DEBENTURE STOCK,

acceleration in ■winding-up, 409
actions to enforce,

accounts, order for, ilj et seq.

adding inquiry to judgment or order [423]

adding plaintiffs [420]

advertisements for claims [424]

affidavits, filing, 408, 927

agents, liberty for receiver to appoint abroad [434]

assigned to judge, 401

attend, liberty to [423]

Bill in Parliament, as to, 432

borro-wing receiver [430, 431]

calls, liquidator to make, 436

certificate as to inquiries [441, 442]

charge, declaration of, 419

closing business, order [435]

compromise, liberty, 432

conduct given to purchaser from plaintiff [424]

consolidation order, 421

declaration of charge, as to, 419

defendant appointed representative, 420

description, 421
dissenting member of class may apply to be made a defendant,

407
dividend [443]
enforcing, 401 et seq.
further consideration, order of, 444
inquiry, order to add [423]
judgment, declaration of charge and inquiries, 419

debenture stock, 420

inquiries, special [419]

non-service, order binding, 423

notice of [422]

trust deed [418]
liberty to commence or continue, 335 [338, 339]

to liquidator, as to foreign proceedings, 434

to proceed, 409

to unsecured creditors to defend, 434
liquidator, indemnity, provision for [438]
manager, 410 [435]
meetings, 315

misfeasance proceedings, as to taking [439, 440]
notice of judgment or order [422]
on behalf, 407

plaintiff domintts litis, 407

plaintiff, title, as to, 407

sale, 407

where trust deed [414]
order, notice of [422]

payments, liberty for trustees to make [435]
possession, receiver ordered to give up [438]
receiver, 411

applications to Court by, 412

borrowing, first charge [431]

continuing, 419, 42G

discharged, order [440]

distress for rates, 412

interference, committal, 412

liability to creditors, 412

liberty to compromise claims, 432

limit as to time, 412 [42G, 431]

manager, public undertaking, 412

ofliccr of Court, 412

oflicial receiver may bo, 401

order [425]



INDEX. 971

DEBENTURES AND DEBENTURE QTOGK—continned.
actions to enforce — cu)dinued.
receiver — continued.

possession — order to give up [438]
remuneration priority, 412
security in peril, 412
servants, discharge of, 412
to give up possession [438]
representative defendant, 408

description, 416
sale, 408

as going concern, 427
before judgment, 407
by tender [428]
freehold, order, 429
liberty to Lid [428]
on motion [427]
practice as to ordering, 428
restraining, 408
tramway, 428
secuiity of receiver, 425

reduced [440]
service of order, dispensing with [421]

practice as to, 421, 422
stamps, 408
title of, 401
transfer, 401, 513

to judge, registrar's power, 401
uncalled capital, as to enforcing [436, 437]
writ of summons [414]
title, 401
agreement to issue, security in equity, 404
appeal, liberty to trustees [433]

attending winding-up proceedings, liberty for [138]
auctioneers to pay rates [438]
bearer, negotiability, 404
biU of sale, how far, 405
blank, as to issue in, 404
books, how far charge includes, 404
borrowing powers, how limited, 402
implied, what, 402
liberty, in action [427]
calls, as to, 436

certificate of amount due [441]

colonial proceedings, Uberty to receiver and manager, 433
declaration of charge, 419
defend, liberty to imseciu-ed creditors [434]
defendant holder authorized to represent class, 408
deposit by way of security, 406

in blank, 404
discount, 405

dissenting holder added as defendant, 407
equities set oflf, 406
floating charge, nature of, 403

prior mortgages prohibited, when, 403
foreclosure, as to, 403

foreign proceedings, liberty to liquidator [433]
foreign property, as to, 404
fraiidulent preference, 405, 548
future property, 403
general charge on imdertaking, 403
holders entitled to payment in full, 409
indemnity to liquidator where name of company used, 687
investigation by liquidator, 412
irregularities in issue, protection of lender, 402



972 INDEX.

DEBENTUEES AND DEBENTURE STOCK— continued.
judgments, trust deed [418]

no trust deed [419]

usual inquiries [417]
lunit of borrowing powers, as to, 402

estoppel, 402
majority, powers of, 413

meeting of holders, liberty to liquidator to call [315]
misfeasance proceedings, dii'ections to take [439]
negotiable, 405
one man companies, as to, 405
order and disposition, as to, 405
originating summons, to enforce, 407.
overdrawing bank account, borrowing, 402
pari passu clause, 406

peril of security, appointment of receiver, 412
petition for winding-up [50]
power of company to issue, 402

preferential payment to labourers and others under Act of 1897. .863
priorities, 406

proof, where company insolvent, 408
proof, where company solvent, 408.
proving, not bound to come in, 408
proving on deposited debentures, 409
provisional scrip certificates, 406
receiver and manager, as to, 410

appointed under deed, 411

indemnity, right to, 412

order reducing security, 440

personal liability to creditors, 412

possession, 412

right to appointment, 409.

servants, discharge of, 412

statutory undertaking, 410

when obtainable, 411
registrar's powers, 401
registration, as to, 405
sale, orders for [427]

practice [427]
service of judgment, 421
set-off, 406

statement of claim [414]
transfer of action, as to, 401
trust deed, as to, 407
uncalled capital, as to mortgage of, 403

in action and winding-up, 436

not affected by charge on undertaking, 403

receiver, 411

what words sufficient to cover, 403
■winding-up, enforcement in, 409
writ of siumnons [414]

DEBTS. See Claims ; Ceeditoes ; Peoof of Debts.
disputed, 36, 82
inability to pay, 35
piiynient of, in full [316] 789
petition for inability to pay, 34, 35
proof of, 359—400

[And see Peoof OF Debts.]
form [179]

DECLARATION,

chairman, 621

cliargo in debenture actions, 419
riglits of secured creditors [396]
statutory, 785



INDEX. 973

DEEDS,

execution of, abroad, 771
execution by liquidator, 780

DEFAULT,

statement of affairs, as to, 153

DEFENDING ACTION,

against company, 319
Ubertyfor [322]

DEFINITIONS,

" company," 7

" company limited by guarantee," 5

" company limited by shares," 5

" company under this Act," 5

" concluded " (winding-uj)) under sect. 15 of 1890. .245

"contributory," 6, 446

" creditor," 7, 366, 700

" extraordinary resolution," 6

"gazetted," 7

" General Rules," 7

"joint stock company," 6

"judge," 8

"limited company," 5

"liquidator," 8, 141

" member," 6

" ofiBcial receiver," 8, 141

" past member," 6

" person aggrieved," by act of liquidator, 680

"prescribed," 7

" present member," 6

"proceedings," 8

"register of members," 769

" registered office," 6

" registrar," 8

"sealed," 8

" special resolution," 6

"Stannaries Court," 7

" taxing officer," 8

"the Acts," 7

"the company," 7

" the Companies Acts," 6

" the Court," 7

" unlimited company," 5

" unregistered company," 6

" winding-up by order of the Coui't," 7

" winding-up matter," 9

DEFUNCT COMPANY,

jurisdiction to wind up, 13
striking off names, Act of 1880. .835

DELAY,

claims, in sending in, 370, 388
repudiating shares, 452
rescinding contract, 453

DELIVERY OF BOOKS AND OTHER PROPERTY, 280—286
account, order for [286]
attachment, 284
banker of company, 280
committal for failure, as to, 281
contributories, &c., by, 280
failure as to, consequences of, 281
jurisdiction as to, 280



974 INDEX.

DELIVERY OF BOOKS AND OTHER VROFEHTY—coniinuea.

lien, effect of, 283

liquidatoi-'s powers and duties as to, 280
manager to sign warrants [286]
notice of motion to commit [282]
notice to deliver, 281 [282]
officer of company, by, 280
official receiver, by or to, 281
orders as to [283—286]
payment of money [280]
receiver, by, 438
to, 438
secretary, order on, 280
solicitors, by [284]
summons for [283]

taxation of costs, where necessary, 284
trustee, by, 280

DEMAND,

statutory, before petition, 34 [53]

DEMURRABLE PETITION, 43

DEPOSITIONS,

evidence by, 117, 558

examiner, before, 123

filing of, 22, 123

inspection of, 22

production on prosecution [554]

DEPUTY CHAIRMAN,

authority by official receiver, 186

DEPUTY OFFICIAL RECEIVER, 141, 176
DESTRUCTION OF BOOKS, 602

DETECTIVE,

liberty to employ and remunerate [485, 486] and note

DETERMINATIONS OF FIRST MEETINGS, 172

DIRECTIONS,

application for, liquidator, by, 208, 212, 213
liquidator, to, 205

DIRECTORS,

bribe, 541 [546, 549]

casual vacancies. Table A., 805

disqualification. Table A., 804

fees of, proof for [379]

first. Table A., as to, 804

fraudulent, damages, 790

prosecution in voluntary winding-up of, 791
irregular acts, efficacy, 805
list to be sent to registrar, 772
misfeasance of, liberty to proceed for [321]
powers of, under Table A., 804
pressure by, 548
private examination, 517
proceedings. Table A., 805
prosecution of, practice, 551

order as to production of depositions with view to [554]

petition for leave to [552] and note

summons for leave to prosecute [551] and note
public examination, 528



INDEX. 975



DIRECTORS— co« tinned.
qualification,

liability for shares, 451

order, where improperly obtained [546]
remuneration of, i^roof for, 373

improper [515]
rotation. Table A., 804
sale, as to, 291
unlimited liability, when under Act of 1867. .818

DIRECTORS' LIABILITY ACT, 1890.. 856

DISALLOWANCE,

claim, of, 362 [385]

liquidator's remuneration, of, 230

DISCHARGE,

chamber order, on motion to Com-t, 581
official receiver's order, 578
registrar's, 581
winding-up order [95]
on appeal [588]

DISCLAIMER,

banki'uptcy of contributory, 446

DISCOUNT,

debentiires issued at a, 405
deduction of, on jDroof of debt, 300
shares, issuing at a, 453

DISCOVERY,

Court may make order for, 782

documents, 517

liquidator, proceedings against, 249

8. 115 of Act of 1862.. 517

s. 8 of Act of 1890.. 524

s. 15 of Act of 1890.. 250

DISCRETION OF COURT,

arrangements, 703
petition to wind up, on, 40

DISMISSAL,

order for [81] et seq.
petition, of, 78

DISPUTED DEBT,

petition on, 36

dismissal [81] 82

DISSOLUTION OF COMPANY, 601—604
application for, 601

dissolved company. Jurisdiction as to, 13
effect of, in barring actions and proceedings, 602
misfeasance, proceedings after, as to, 002
order for, 602, 782
report of order to registrar, 601

restoration of name to register under Act of 1880.. 603
volimtary winding-up, in, 787

DISTINCTIVE NUMBER OF PROCEEDINGS, 21

DISTRESS, 341—346

injunction against, 343
rates and taxes, 346
when granted, 326, 341
when void, 335

[And see Landloeds.]



976 INDEX.

DIVIDENDS,

bankruptcy of contributory, in — proving for, 447
capital, out of, wrongful, 541
creditors, to, 363, 389 et seq.

admitting or rejecting proofs before declaring, 362
application to Board of Trade for order for pajmient [390]
assignee, notice of intention to pay [393]
Board of Trade,

application to, for order for payment [390]
notices to, 363

regulations of, as to payment, 391
chargee, order to pay to [393]
declaration of, 363
exclusion from, 363, 364

expunging claims — notice as to, before final dividend [393]
final notice of, to claimant who has not established claim

[393]
fresh notices as to, when declaration postponed, 363
intention to declare,
notices of, 363

creditors, to, 363 [389]
fresh, 363

gazette, for [29, 389]
liquidator, notices by, 363
notices as to,

admission or rejection of proofs before declaring, 362
appeal, of, after notice of intended dividend, 363
Board of Trade, to, 363
creditors, to,

dividend declared, that, 393 [391]
intended dividend, 363
dividend, of,

creditors, 363 [391]
fresh, 363
gazette, for [390]
gazette, for,

dividend declared, that [390]
intended dividend [32, 389]
intended dividend, of,
creditors [389]
gazette, for [388]
payment of

application for order for [389]

liberty for, making reserve for disputed claims [393]
order for, retaining contributories' dividends [393]
other people, to, orders for [392, 393]
postponing, 363

proof of debt, excluding from, 363
repayment by secured creditor, 364
return of unused cheques for, 544
special bank account, in case of, 391
supervision proceedings, in, 633
vouchers for, where special bank account, 391
DEBENTiTEE HOLDEES, to. Order fop payment [443]
misfeasance in respect of, 544
shareholders, 493

application to Court to sanction, when, 495



Online LibraryFrancis Beaufort PalmerCompany precedents for use in relation to companies subject to the Companies acts, 1862 to 1890 ... (Volume 2) → online text (page 128 of 134)