Charles Mac Naughten Sir Francis Beaufort Palmer.

Company precedents for use in relation to companies: subject to ..., Volume 2 online

. (page 152 of 152)
Online LibraryCharles Mac Naughten Sir Francis Beaufort PalmerCompany precedents for use in relation to companies: subject to ..., Volume 2 → online text (page 152 of 152)
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polls at, 784
proceedings at, 732
proxies, 733, 736, 737, 788
quorum, 732
snow of hands, 733
special resolution, for, 727, 728

interval between, 732
voting at, 728
meeting^ avtiib winding-up commenced, 762
CJourt's power to call, 763
creditors of, 763
final, 724, 791

liquidator's power to call, 724
vacancy in office of liquidator, on, 724
yearly— to exunine accounts, &c., 724
members— distribution of assets among, 722
misfeasance proceedings in, 612, 741, 786
misfeasance — leave to use Hquidator's name [785]

notice of [742]
notice,

appearance to summooB, of [745]
<»fi, of, 778 [779]
creditors, to, 764
form of [764]
following resolutions [789, 740]
Ghizette, in, 721
meeting^, of, 720

extraordinary resolution for, 782 [732]
posting of, 729
shareholders abroad, to, 780
special resolution,

first meeting [780]
second meeting [731]
two meetings by one notice, 731
Table A. applicable, when, 728
motion, of [7421

registrar, to— fmal meeting, of [792]
officers of company— prosecution of, 785



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1218 INDEX.

VOLUNTARY WINDING-UP— «m«#w«^.
orders in,

against liquidator for attachment, s. 15, Act of 1890. .326
application to Court, on [745]
originating summons, on [745 — 747]
ordinary resolution for, 719, 727
originating summons in,
appearance to, 744

failure to enter, 745
notice of [744]
preecipe for [744]
appbcation by [742]
evidence on, 745 — 750
generiJ liber^ to apply [747]
notice of appointment to near [744]

service of, 744
orders on [7451

prefatory words to first order, on [746]
representation order, on [748]
security for costs,

order for [746]
substituted service of — order [745]
petition of official receiver for compulsory order, 59
petitioner, who may be, 113
polls at meetings, 734

adjournments, as to, 739
voting on, 735
possession of books and assets, 752
posting notices of meetings for, 729
powers of liquidators in, 722
prefatory words to orders in [746]
I>rejudiced by. 58

grounds for compulsory order, 47
preliminary observations as to, 719
primd facie evidence of Insolvency, 77
priority,

of costs, &o., of, 724
rates and taxes, of, 763
private examination in, 784

application to Court as to, 741
proceecBngs— meetingfs, at, 782
proof of debts in, 725, 764 et $eq,
limiting time for, 764
orders [764, 765]
property of company — application of, 722
prosecution of officers in, 634, 726, 785
proxies, 733, 736—738

adjourned meeting, at, 739
blanks in, 738
stamps on, 737
cancelling, 738
public examination cannot be held in, 596
questions arising in— Court may decide, 723
quorum at meetings, 732
rates, priority of, 763
reconstruction, 726, 786

[And see Part I.]
register of members — inspection of, 721
registered office — ^keeping up after, 721
registrar of joint stock companies,

copy of special resolutions for, 740
removal of liquidator, 724, 788
Court's power as to, 788
orders for [788—790]



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INDEX. 1219

VOLUNTARY WmDmO-VF^-cofitintml.
remuneration of liquidator, 722, 732, 763

orders as to [764, 766]

priority of, 724

resolutions as to [764]
representation order in [748]

adjusting* oontributoriee' rights as to [783]
resignation of liquidator, 724
resolntion for, 727

after presentation of petition, 86
resolutions after commencement of, 762
restraining actions, 760
sale of property of company, 769

oonreyanoe on [769]

shares for, 769
scheme of arrangement in (s. 169), 726
scrutineers, 736

security for costs ordered in [746]
service of process,

appli(»ktion to Court as to, 741
settling list of contributories in, 722
seyeral liquidators — ^powers of, 722
shareholders — domestic forum, 728
shares, transfer of, 721
show of hands, 733
special resolution for, 719, 727

adyertisement of, 721

copy for registrar of joint stock companies, 721, 740

d^nition of, 728

notices for [730, 731]
stamps on proxies, 737, 738
status of company affected by, 721
staying action, 760
staying winding-up, 749

application to Court as to, 741

order for [760]
substituted service—order for [746]
summons,

adjudication of dispute of daims, as to [768]

originating, 742. [And see supra, Obioznatimo Suiocons.]
summons for, and affidavit [761]
supervision order, liquidator applying for, 113



supervision order after, 760. [And see Wnn>iNa-up SuPBEVZSzoir.]
Table A. applicable, where, 728

provision of, as to voting, &c., 728
taxation of costs,

application to Court as to, 741
taxes— priority of, 763
transfer of, 676

transfer of applications in County Court, 742
transfers of shares after, 721, 778
yacancy in office of liquidator, 724, 788
Testing of property, 760
Totes of member8 - -special resolution, for, 728
voting, 728

abstaining from, 736

polls, on, 736

proxy, by, 737, 738
witnesses, cross-examination of, 748

VOTES,

solioitation of, 233

VOTING,

contributories, by,

general meetings, at, 429, 430
provisions of article to be regarded, 728



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1220 INDEX.

creditors, by,

contingent debt, in respect of, 231

first meeting, at, 232, 233, 429, 430

secured, 231

unliquidated debt, in respect of, 231
first meeting, at, 232, 233

general meeting, at, 429, 430. [And see tupru, Mssmras.]
proxy, by,

first meeting, 429

general meetings, 429 [436, 437]

Tolontary winding-np, 733, 736— -739
Tolontary winding-up, meetinni for, at, 728, 786, 737, 738. [And
see VOLTJMTABT WniDiNO-upr]

VOUCHERS,

committee of inspection, submission to, 297
dividends, for, where special bank account, 485
numbering of, 303
proof of debts, on, 441, 470. [And see Pboov or Bbbi.]



WAGES,

preferential payment of, 498
proof for, 441, 466, 471 [472]

WARING^ Bx parte,
rule in, 407

WARRANT,
anest, of,

addressed— to what officers, 1069
CJounty Court, in [717] 1069
public examination, 699 [607]
order for [606]
sealing of, 41

WATER COMPANY,

jurisdiction to wind up, 18

WINDING-UP,

bankruptcy law, how far imported, 439, 629 — 681

building society, of, 19

«' by ortier of Ae Court," 16, 799

chartered companies, 18

companies, liaole, 17, 18

not liable, 20
colonial companies, 18
commencement of,

compulsory, 4

Toluntary, 5

under supervision, 6
company without assets, 198
compromise, 640

« concluded" within s. 16 of 1890. .309
concurrent petitions, 137
costs, 660

Courts having jurisdiction^ 21, 23
defunct, 19

different kinds, 2, 17, 18
disposition of property after, invalidated, 400
dissolved compames not entitled to, under Act of 1862. .20
false evidence, s. 169 of Act of 1862. .947
falsifioation of, &c. of books, s. 169 of Act of 1862. .947



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INDEX. 1221

VnKDlNG-TTP'-'eonHnued,

foreign and colonial companies where aaeets in United Kingdom, 18

foreign company, of, 19

fraudolent preference, 629

gas or water companies, 18

gazetting order, 139

general practice, how &r applicable, 16

ulegal companies not entitled to, 20

industrial and provident sooietiee, 19

insolvencj — iaprimd facie evidence of, 401

Joint Stock Companies Acts, under, 17

jndge to whom assigned, 23

jurisdiction, 23—27

life assurance company, 19

meaning of, 1

mutual credit clause applies to insolvent company, 7

notice by official receiver, 141

official receiver's position in, 196 et seq,

orders for, 131 et seq.y 140

ordinary club not entitled to, under Act of 1862. .21

partnei^p, of, 18

petitions costs, 134

petitions for, 47

proof of debts, 439, 936

rules as to, 10—13

schemes of liquidation, 837 et seg.

special Acts, companies under, 20

statutes as to, 8, 9

syndicate of, 18

taxation of costs, 655

trade union not entitled to, under Act of 1862. .20

tramway company not exempt under Act of 1862 . . 20

transfer of, 575 et teq, [And see Tsaivsfbb.]

transfer of shares, effect on, 400

unlimited company, jurisdiction <pf High Court although no share
capital, 23

unregistered companies, 2, 18, 20, 21

voluntary, 3

s. 15 of Act of 1890, forms in relation to [314 $t $eq,']
s. 15 of Act of 1890, paying in order \Z2f\
unclaimed assets, payment to liquidation account, 810

when company to be deemed unable to pay its debts, 934

where no reg^tered office here allowed, if assets and liabilities
here, 18



WINDrNG-TJP BY THE COITET, 17 et $eq,
commencement of, 4
displacing voluntary, effect, 112
grounds for, 47
hearing, 109

questions arising on, 110
investigation, 112
meaninjgof, 15
orders for, 133
petition for, 73 et seq,
prior mortgfages, 111
standing over. 111
volunts^ winding-up, 112
I for, 113



WINDING-UP ORDER, 131 et eeq,, [133 et eeq."]
acceleration of debenture holders remedies by, 464
adoption of voluntary winding-up, proceedings in, 726
advertisements of, 199



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1222 INDEX.

"WINDING-UP ORDERr~«m««M«f.
Appeal Court — made by [678]
appeal from, 667 et seq.

Becurity for costs of, 104
copies of, 138

Registrar of Joint



Online LibraryCharles Mac Naughten Sir Francis Beaufort PalmerCompany precedents for use in relation to companies: subject to ..., Volume 2 → online text (page 152 of 152)