s. 11. on premises occupied by the company in connection with the mine, or to which the company was at the time of the order prima facie entitled, it shall be lawful for the Vice-Warden or the registrar to adjudicate upon such claim on interpleader in the manner provided by section eleven of the Act passed 18 Vict. c. 32, in the eighteenth year of the reign of Her present Majesty, chapter thirty-two; and any action or issue directed upon such interpleader may, if the Vice-Warden think fit, be tried in his Court or at the assizes or the sittings in London or Middlesex, before a judge of one of the Superior Courts, in the manner and on the terms and conditions hereinbefore provided (a) in the case of disputed debts and claims of creditors. This section is as follows: (a) s. 108. 18 Vict. c. 32, Interpleader in Equity.] "When any claim is made to or in respect of s. 11. any goods and chattels, or the proceeds or value thereof, sold or intended to be sold, under a customary decree of sale in a mining creditor's suit, by any landlord for rent or other distrainable demand, or by any other person not being a party to the suit, it shall be lawful for the ViceWarden to call upon the claimant by rule or order of the Court to appear in person or by his attorney or agent in support of the same, either before the Vice-Warden himself or before the registrar, and to state the nature and particulars of his claim, who shall thereupon hear the allegations and receive the proofs offered as well by the claimant as by the plaintiff in the suit, and if the claimant and plaintiff shall agree on the facts of the case, shall then adjudicate upon the claim; and if the said parties shall not so agree, then the disputed facts shall be ascertained by an action or issue to be tried in the Vice-Warden's Court, in such form as the Vice-Warden shall direct, and the Vice-Warden shall then adjudicate upon the claim; or the Vice-Warden or registrar shall have power, with the consent of the parties so before him, their counsel, attorneys, or agents, to adjudicate upon and dispose of the claim in a summary manner: Provided that in all cases, except in case of summary adjudication by consent, it shall be competent for the registrar, at the request of the said parties, or either of them, to refer the decision of the case to the Vice-Warden; and the Vice-Warden shall in all cases of such interpleader make such other rules and orders in the matter of the said claim or adjudication as between the said parties in respect thereof, or of the costs of the proceedings, as to him shall seem fit and reasonable." of parties 117. The Court may examine upon oath, either by word of Examination mouth or upon written interrogatories, any person appearing by Court. or brought before them in manner aforesaid (c) concerning Power to arrest contributory about to abscond, or to remove or conceal any of his property. Powers of Court cunulative. Power to enforce orders. the affairs, dealings, estate, or effects of the company, and may reduce into writing the answers of every such person, and require him to subscribe the same. (a) s. 115. 118. The Court may, at any time before or after it has made an order for winding up a company, upon proof being given that there is probable cause for believing that any contributory (a) to such company is about to quit the United Kingdom, or otherwise abscond, or to remove or conceal any of his goods or chattels, for the purpose of evading payment of calls, or for avoiding examination in respect of the affairs of the company, cause such contributory to be arrested, and his books, papers, moneys, securities for moneys, goods, and chattels to be seized, and him and them to be safely kept until such time as the Court may order. (a) s. 74. In In re Imperial Mercantile Credit Co. (a) the section was read in the alternative, and an order made for the seizure of goods, &c., while the Court declined to make an order for arrest on a mere hearsay statement of the intention of the contributory to leave the United Kingdom. This section affects only the goods and chattels of the contributory. There is no section by which his real estate is affected, but any claim upon it is left to be established according to the general law of the kingdom (b). 119. Any powers by this Act conferred on the Court shall be deemed to be in addition to and not in restriction of any other power subsisting, either at law or in equity, of instituting proceedings against any contributory, or the estate of any contributory, or against any debtor of the company, for the recovery of any call or other sums due from such contributory or debtor, or his estate, and such proceedings may be instituted accordingly. Enforcement of and Appeal from Orders. 120. All orders made by the Court of Chancery in England or Ireland under this Act may be enforced in the same manner in which orders of such Court of Chancery made in (a) L. R. 5 Eq. 264. (b) See also s. 114. any suit pending therein may be enforced, and for the purposes of this part of this Act the Court of the Vice-Warden of the Stannaries shall, in addition to its ordinary powers, have the same power of enforcing any orders made by it as the Court of Chancery in England has in relation to matters within the jurisdiction of such Court, and for the last-mentioned purposes the jurisdiction of the Vice-Warden of the Stannaries shall be deemed to be co-extensive in local limits with the jurisdiction of the Court of Chancery in England. 121. Where an order, interlocutor, or decree has been made in Scotland for winding up a company by the Court, it shall be competent to the Court in Scotland during session, and to the Lord Ordinary on the Bills during vacation, on production by the liquidators of a list certified by them of the names of the contributories liable in payment of any calls which they may wish to enforce, and of the amount due by each contributory respectively, and of the date when the same became due, to pronounce forthwith a decree against such contributories for payment of the sums so certified to be due by each of them respectively, with interest from the said date till payment, at the rate of five pounds per centum per annum, in the same way and to the same effect as if they had severally consented to registration for execution, on a charge of six days, of a legal obligation to pay such calls and interest; and such decree may be extracted immediately, and no suspension thereof shall be competent, except on caution or consignation, unless with special leave of the Court or Lord Ordinary. 122. Any order made by the Court in England for or in the course of the winding-up of a company under this Act shall be enforced in Scotland and Ireland in the Courts that would respectively have had jurisdiction in respect of such company, if the registered office of the company had been situate in Scotland or Ireland, and in the same manner in all respects as if such order had been made by the Courts that are hereby required to enforce the same; and in like manner orders, interlocutors, and decrees made by the Court in Scotland for or in the course of the winding-up of a company shall be enforced in England and Ireland, and orders made Mode of dealing with orders to be enforced by other Courts. Appeals from orders. by the Court in Ireland for or in the course of winding up a company shall be enforced in England and Scotland by the Courts which would respectively have had jurisdiction in the matter of such company if the registered office of the company were situate in the division of the United Kingdom where the order is required to be enforced, and in the same manner in all respects as if such order had been made by the Court required to enforce the same in the case of a company within its own jurisdiction. An order by the Court in Ireland, or in Scotland, when brought over here to be enforced, must be made an order of that Court which would have had jurisdiction to wind up the company if it had been registered here, that is, of the Court of Chancery. And, therefore, where winding-up proceedings in the Court of Chancery in Ireland had been remitted under sect. 81 to the Court of Bankruptcy in Ireland, the order of the last-mentioned Court when brought here to be enforced was made an order of the Court of Chancery, not of the Court of Bankruptcy (a). 123. Where any order, interlocutor, or decree made by one Court is required to be enforced by another Court, as herein before provided (a) an office copy of the order, interlocutor, or decree so made shall be produced to the proper officer of the Court required to enforce the same, and the production of such office copy shall be sufficient evidence of such order, interlocutor, or decree having been made, and thereupon such last-mentioned Court shall take such steps in the matter as may be requisite for enforcing such order, interlocutor, or decree in the same manner as if it were the order, interlocutor, or decree of the Court enforcing the same. (a) s. 122. 124. Rehearings of and appeals from any order or decision made or given in the matter of the winding-up of a company by any Court having jurisdiction under this Act may be had in the same manner and subject to the same conditions in and subject to which appeals may be had from any order or decision of the same Court in cases within its ordinary jurisdiction; subject to this restriction, that no such rehearing or appeal shall be heard unless notice of the same is given within three weeks after any order complained of has been (a) In re Hollyford Copper Mining Co., L. R. 5 Ch. 93. made, in manner in which notices of appeal are ordinarily given, according to the practice of the Court appealed from, unless such time is extended by the Court of Appeal: Provided that it shall be lawful for the Lord Warden of the Stannaries, by a special or general order, to remit at once any appeal allowed and regularly lodged with him against any order or decision of the Vice-Warden made in the matter of a winding-up to the Court of Appeal in Chancery, which Court shall thereupon hear and determine such appeal, and have power to require all such certificates of the Vice-Warden, records of proceedings below, documents, and papers as the Lord Warden would or might have required upon the hearing of such appeal, and to exercise all other the jurisdiction and powers of the Lord Warden specified in the Act of Parliament passed in the eighteenth year of the reign of Her present Majesty, chapter thirty-two (a), and any order so made by the Court of Appeal in Chancery shall be final without any further appeal. (a) See Gen. Rules and Orders of the Stannaries Court as to appeals, 28th of September, 1870, infra. Some indulgence in respect of rehearing will be allowed in winding- Rehearing. up proceedings, inasmuch as the issues are not so distinctly brought out in them as in cases brought before the Court by means of regular pleadings (a). Where important documents were discovered after the case had been argued, the Court granted a rehearing upon terms as to costs (a). This section does not apply to any order made on the original petition for winding up, but only to orders made under an existing order to wind up (b). An application for an extension of the time within which an appeal Extension may be presented need not necessarily be made within the period of of time. three weeks limited by this section for giving notice of appeal; but the Court of Appeal has power, notwithstanding the expiration of the three weeks, to extend the time and allow an appeal to be presented (c). But the object of the Act is, that matters may be settled speedily, and, therefore, after the expiration of the time, leave to appeal will not be given except under special circumstances (d). Where an order is, by a subsequent decision of a Court of higher authority, shewn to be erroneous in point of law, but the error is not (a) In re Wiltshire Iron Co., Ex parte Pearson, L. R. 3 Ch. 443. (b) In re Universal Bank, L. R. 1 Ch. 428, and In re Anglo-Californian Gold Mining Co., 1 Dr. & Sm. 628; decided under s. 33 of the Winding-up Act, (c) Banner v. Johnston, L. R. 5 H. L. 157. (d) In re Bastow, 37 L. J. (Ch.) 51. |