GENERAL DIRECTIONS. 23. The General Orders and practice of the Court, including the course of proceeding and practice in the judges' chambers, shall, in cases not provided for by "The Companies Act, 1867," or these Rules, so far as such Orders and practice are applicable and not inconsistent with the said Act or with these Rules, apply to all proceedings in the Court of Chancery under the said Act. Conf. Gen. Order, Nov. 1862, Rule 74. 24. The power of the Court and of the judge sitting in chambers to enlarge or abridge the time for doing any act or taking any proceeding, to adjourn or review any proceeding, and to give any direction as to the course of proceeding, shall be the same in proceedings under "The Companies Act, 1867," as in proceedings under the ordinary jurisdiction of the Court. Conf. Gen. Order, Nov. 1862, Rule 73. COMMENCEMENT OF ORDER. 25. This Order shall take effect and come into operation on the 15th day of April, 1868, and shall apply to all proceedings in Chancery under the said Act, whether commenced before or after that day, but every proceeding taken under the said Act before that day shall have the same validity as it would have had if this order had not been made. INTERPRETATION. 26. The general interpretation clause of the Consolidated General Orders (a) shall be deemed to extend and apply to the Rules of this Order, and this Order shall be deemed a General Order of this Court. (a) Morgan's Chancery Acts and Orders, 4th Ed., p. 364. CAIRNS, C. ROMILLY, M.R. JOHN STUART, V.C. RICHARD MALINS, V.C. THE SCHEDULE. No. 1. Form of Order. [Rule 4.] The Master of the Rolls In the Matter of The Company, Limited and Reduced; and in the Matter of "The Companies Act, 1867." [or, Vice-Chancellor Sir at Chambers]. and upon Upon the application of the petitioners by summons, dated hearing the solicitor for the petitioners, and on reading the petition on the day of preferred unto the Right Honourable the Lord High Chancellor of Great Britain [or, Master of the Rolls], it is Ordered, that an inquiry be made what are the debts, claims, and liabilities of or affecting the said company on the 18 and that notice of the presentation of the said petition be inserted in [the newspapers] on the day of and [other times of insertion], and that a list of the persons who are creditors of the company on the said day of and an office copy of the affidavit verifying the same be left at the chambers of the judge on or before the day of day of No. 2. [See Rule 5.] In the Matter of The Company, Limited and Reduced; was on the and in the Matter of "The Companies Act, 1867." Notice is hereby given that a petition for confirming a resolution reducing the capital of the above company from £ day of to £ presented to [the Lord Chancellor, or the Master of the Rolls], and is now pending; and that the list of creditors of the company is to be made out as for the day of 18 ], C. & D. of [agents for A. & B., of Solicitors to the company. No. 3. Affidavit verifying List of Creditors. [Rule 7.] In Chancery. In the Matter of The Company, Limited and Reduced; and in the Matter of "The Companies Act, 1867." I, A. B., of, &c., make oath and say as follows: 1. The paper writing now produced and shewn to me, and marked with the letter A., contains a list of the creditors of and persons having claims upon the said company on the day of 18 (the date fixed by the Order in this matter, dated ), together with their respective addresses, and the nature and amount of their respective debts or claims, and such list is, to the best of my knowledge, information, and belief, a true and accurate list of such creditors and persons having claims on the day aforesaid. 2. To the best of my knowledge and belief there was not, at the date aforesaid, any debt or claim which, if such date were the commencement of the windingup of the said company, would be admissible in proof against the said company other than and except the debts set forth in the said list. I am enabled to make this statement from facts within my knowledge as the of the said company, and from information derived upon investigation of the affairs and the books, documents, and papers of the said company. Sworn, &c. List of Creditors referred to in the last Form. A. In the Matter, &c. This list of creditors marked A. was produced and shewn to A. B, and is the same list of creditors as is referred to in his affidavit sworn before me this 18. X. Y., &c. day of To Mr. No. 4. [See Rule 9.] In the Matter of The Company, Limited and Reduced; and in the Matter of "The Companies Act, 1867." You are requested to take notice that a petition has been presented to the Court of Chancery, to confirm a special resolution of the above company, for reducing its capital to £ and that in the list of persons admitted by creditors of the company [here state the amount of the debt or nature the company to have been on the your name is entered as a creditor of the claim]. day of day of If you claim to have been on the last-mentioned day a creditor to a larger amount than is stated above, you must on or before the send the particulars of your claim and the name and address of your solicitor (if any) to the undersigned at In default of your so doing the above entry in the list of creditors will in all the proceedings under the above application to reduce the capital of the company be treated as correct. Dated this day of 18 No. 5. [See Rule 10.] In the Matter of The Company, Limited and Reduced; and in the Matter of "The Companies Act, 1867." Notice is hereby given that a petition has been presented to the Court of Chancery for confirming a resolution of the above company for reducing its capital from £ A list of the persons admitted to have been creditors of the company on the at the offices of the company at during usual business hours, on payment of the charge of one shilling. Any person who claims to have been on the last-mentioned day and still to be a creditor of the company, and who is not entered on the said list and claims to be so entered, must on or before the day of send in his name and address, and the particulars of his claim, and the name and address of his solicitor (if any) to the undersigned at or in default thereof he will be precluded from objecting to the proposed reduction of capital. day of Dated this 18 9 A. B., Solicitor for the said company. In Chancery. No. 6. [Rule 11.] Company, Limited and Reduced; In the Matter of The We, C. D., of &c. [the secretary of the said company], E. F., of &c. [the day of filed on the day of 1. I did, on the 18 in the manner hereinafter men- [Rule 9.] tioned, serve a true copy of the notice now produced and shewn to me, and marked B., upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors marked A., referred to in the affidavit of 18 . 2. I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively, according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively), and with the proper postage stamps affixed thereto as prepaid letters, into the post office, receiving house, No. in Street, in the county of between the hours of and of the clock in the noon of the said day of And I, the said E. F., for myself, say as follows: 3. A true copy of the notice now produced and shewn to me, and marked If notice issued C., has appeared in the the day of of the &c. day of 4. I have, in the paper writing now produced and shewn to me, and marked [Rule 11.] D., set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice B. now produced and shewn to me by persons claiming to be creditors of the said company for larger amounts than are stated in the list of creditors marked A., referred to in the affidavit of filed on the 5. I have, in the paper writing now produced and shewn to me, marked If notice issued E., set forth a list of all claims, the particulars of which have been sent in to under Rule 10. me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the said company on the day of 18, not appearing on the said list of creditors marked A., and who claimed to be entered thereon. And we, C. D. and A.B., for ourselves, say as follows: 6. We have, in the first part of the said paper writing, marked D. (now [Rule 11.] produced and shewn to us), and also in the first part of the said paper writing, marked E. (also produced and shewn to us), respectively set forth such of the said debts and claims as are admitted by the said company to be due wholly or in part, and how much is admitted to be due, in respect of such of the same debts and claims respectively as are not wholly admitted. 7. We have, in the second part of each of the said paper writings, marked [Rule 11.] D. and E., set forth such of the said debts and claims as are wholly disputed by the said company. 8. In the said exhibits D. and E. are distinguished such of the debts the full amounts whereof are proposed to be set apart and appropriated in such manner as the judge shall direct. Sworn, &c. Exhibit D., referred to in the last-mentioned Affidavit. D. In the Matter, &c. List of debts and claims of which the particulars have been sent in to This paper writing, marked D., was produced and shewn to FIRST PART. Debts and Claims wholly or partly admitted by the Company. In the Matter, &c. List of debts and claims of which the particulars have been sent in to Mr. by persons claiming to be creditors of the company, and to be entered on the list of the creditors made out by the company. This paper writing, marked E., was produced and shewn to C. D., E. F., and A. B., respectively, and is the same as is referred to in their affidavit sworn before me this day of 18 FIRST PART. [Same as in Exhibit D.] SECOND PART. [Same as in Exhibit D.] NOTE.-The names are to be inserted alphabetically. X. Y., &c. |