ORDER UNDER THE COMPANIES ACT,

1862.

Tuesday, the 11th day of November, 1862.

THE Right Honourable Richard Baron Westbury, Lord High Chancellor of Great Britain, with the advice and consent of the Right Honourable Sir John Romilly, Master of the Rolls, the Honourable the Vice-Chancellor, Sir Richard Torin Kindersley, the Honourable the Vice-Chancellor, Sir John Stuart, and the Honourable the Vice-Chancellor, Sir William Page Wood,-Doth hereby, in pursuance and execution of the powers given by the statute 25 & 26 Victoriæ, chapter 89, and of all other powers and authorities enabling him in that behalf, order and direct in manner following:

ABSTRACT OF THE RULES.

Petition to wind up Company, 1—5.
Order to wind up Company, 6-7.
Official Liquidator, 8-19.

Proof of Debts, 20-28.

List of Contributories, 29-31.

Sales of Property, 32.

Calls, 33-35.

Payment in of Monies and deposit of Securities, 36-41. Delivery out of Securities, and payment out and investment of Monies, 42-44.

Meetings of Creditors or Contributories, 45-47.

Direction or sanction of the Judge, 48-50.

Applications to the Court or Judge under Sections 137, 138, 141, 167 and 168 of the Act, 51.

Orders, 52.

Advertisements, 53.

Admission of Documents, 54.

Register and File of Proceedings, 57, 58.
Provisional Official Liquidators, 59.

Attendance and Appearance of Parties, 60-62.
Service of Summonses, Notices, &c., 63–64.
Termination of Winding up, 65-67.

Duties of Solicitor of Official Liquidator, 68.
Forms, 69.

Fees, 70-71.

Taxation of Costs, 72.

Power of Judge, 73.

General Directions, 74.

Application of Rules, 75.

Commencement of Rules, 76.
Interpretation, 77.

Petition to wind up Company.

1. Every petition for the winding up of any company by the court, or subject to the supervision of the court, shall be intituled in the matter of "The Companies Act, 1862," and of the company to which such petition shall relate, describing the company by its most usual style or firm (f).

2. Every such petition shall be advertised seven clear days before the hearing as follows: (1.) In the case of a company whose registered office, or if there shall be no such office, then whose principal, or last known principal place of business is or was situate within ten miles from Lincoln's Inn Hall, once in the "London Gazette," and once, at least, in two London daily morning newspapers.

(2.) In the case of any other company, once in the "London Gazette," and once, at least, in two local newspapers circulating in the district where such registered office, or principal, or last known principal place of

(f) By the General Order in Chancery of the 21st of March, 1868, petitions for winding up, &c. must be intituled in the matter of the act of 1867, as well as that of 1862. Rule 1.

business, as the case may be, of such com-
pany is or was situate.

The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner, and of his solicitor and London agent (if any).

3. Every such petition shall, unless presented by the company, be served at the registered office (if any) of the company, and if no registered office, then at the principal, or last known principal place of business, of the company, if any such can be found, upon any member, officer or servant of the company there; or in case no such member, officer or servant can be found there, then by being left at such registered office or principal place of business, or by being served on such member or members of the company as the court may direct; and every petition for the winding up a company, subject to the supervision of the court, shall also be served upon the liquidator (if any) appointed for the purpose of winding up the affairs of the company.

4. Every petition for the winding up of any company by the court, or subject to the supervision of the court, shall be verified by an affidavit referring thereto, in the form or to the effect set forth in Form, No. 2, in the third schedule hereto; such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by the company, by some director, secretary, or other principal officer thereof; and shall be sworn after and filed within four days after the petition is presented, and such affidavit shall be sufficient primâ facie evidence of the statements in the petition.

5. Every contributory or creditor of the company shall be entitled to be furnished, by the so

Petition to wind up com

pany.

Petition.

licitor to the petitioner, with a copy of the petition, within twenty-four hours after requiring the same, on paying at the rate of 4d. per folio of seventytwo words for such copy.

Order to wind up Company.

6. Every order for the winding up of a company by the court, or subject to its supervision, shall, within twelve days after the date thereof, be advertised by the petitioner once in the "London Gazette," and shall be served upon such persons (if any) and in such manner as the court may direct.

7. A copy of every order for winding up a company, certified to be a true copy thereof as passed and entered, shall be left by the petitioner at the chambers of the judge, within ten days after the same shall have been passed and entered, and in default thereof any other person interested in the winding up may leave the same, and the judge may, if he thinks fit, give the carriage and prosecution of the order to such person. Upon such copy being left, a summons shall be taken out to proceed with the winding up of the company, and be served upon all parties who may have appeared at the hearing of the petition. Upon the return of such summons, a time shall, if the judge thinks fit, be fixed for the appointment of an official liquidator, and for the proof of debts, and for the list of con tributories to be brought in, and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and the parties to attend thereon. The proceedings under the order shall be continued by adjournment, and, when necessary, by further summons, and any such directions as aforesaid may be given, added to, or varied, at any subsequent time, as may be found necessary.

Official Liquidator.

8. The judge may appoint a person to the office of official liquidator, without previous advertisement, or notice to any party, or to fix a time and place for the appointment of an official liquidator, and may appoint or reject any person nominated at such time and place, and appoint any person not so nominated.

9. When a time and place are fixed for the appointment of an official liquidator, such time and place shall be advertised in such manner as the judge shall direct, so that the first or only advertisement shall be published within fourteen days, and not less than seven days before the day so fixed.

10. Every official liquidator shall give security by entering into a recognizance with two or more sufficient sureties, in such sum as the judge may approve; and the judge may, if he shall think fit, accept the security of any guarantee society established by charter or act of parliament in England, in lieu of the security of such sureties as aforesaid, or of any of them.

11. The official liquidator shall be appointed by order; and unless he shall have given security, a time shall be fixed by such order within which he is to do so; and the order shall fix the times or periods at which the official liquidator is to leave his accounts of his receipts and payments at the judge's chambers, and shall direct that all monies to be received shall be paid into the Bank of England, immediately after the receipt thereof, to the account of the official liquidator of the company, and an account shall be opened there accordingly; and an office copy of the order shall be lodged at the Bank of England.

Official liquidator.