ORDER OF COURT. Tuesday, the 2nd day of March, 1869. The Right Honourable WILLIAM PAGE, BARON HATHERLEY, Lord High Chancellor of Great Britain, with the advice and consent of the Right Honourable JOHN LORD ROMILLY, Master of the Rolls, the Honourable the Vice Chancellor SIR JOHN STUART, the Honourable the Vice Chancellor SIR RICHARD MALINS, and the Honourable the Vice Chancellor SIR WILLIAM MILBOURNE JAMES, Doth hereby, in pursuance and execution of the powers given to him by "The Companies' Act, 1867," and of all other powers and authorities enabling him in that behalf, Order and direct in manner following: The General Order of the 21st of March, 1868, shall from henceforth take effect and be read as if the following Rules had been inserted therein, instead of Rules 8. and 14. thereof. 8. Copies of such list containing the names and addresses of the creditors, and the total amount due to them, but omitting the amounts due to them respectively or (as the Judge shall think fit) complete copies of such list shall be kept at the registered Office of the Company and at the offices of their Solicitors and London Agents (if any), and any person desirous of inspecting the same may, at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of 18. 14. The result of the settlement of the list of creditors shall be stated in a certificate by the Chief Clerk, and such certificate shall state what debts or claims (if any) have been disallowed, and shall distinguish the debts or claims the full amount of which the Company are willing to set apart and appropriate, and the debts or claims (if any) the amount of which has been fixed by inquiry and adjudication in manner provided by section 14. of the said Act, and the debts or claims (if any) the full amount of which is not admitted by the Company, nor such as the Company are willing to set apart and appropriate, and the amount of which has not been fixed by inquiry and adjudication as aforesaid; and shall shew which of the creditors have consented in writing to the proposed reduction, and the total amount of the debts due to them, and the total amount of the debts or claims, the payment of which has been secured in manner provided by the 14th section, and the persons to or by whom the same are due or claimed, but it shall not be necessary to shew in such certificate the several amounts of the debts or claims of any persons who have consented in writing to the proposed reduction or the payment of whose debts or claims have been secured as aforesaid. HATHERLEY, C. W. M. JAMES, V.C. ORDER OF COURT. Friday, the 19th day of March, 1869. The Right Honourable WILLIAM PAGE, LORD HATHERLEY, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable JOHN LORD ROMILLY, Master of the Rolls, the Right Honourable the Lord Justice SIR CHARLES JASPER SELWYN, the Right Honourable the Lord Justice Sir GEORge MarkHAM GIFFARD, the Honourable the Vice Chancellor SIR JOHN STUART, the Honourable the Vice Chancellor SIR RICHARD MALINS, and the Honourable the Vice Chancellor SIR WILLIAM MILBOURNE JAMES, Doth hereby, in pursuance and execution of all powers and authorities enabling him in that behalf, Order and direct in manner following: 1. At the foot of every petition of appeal and rehearing hereafter to be presented to the Lord Chancellor, and at the foot of every petition for a rehearing before the Master of the Rolls, or one of the Vice Chancellors, and of every copy thereof respectively, a statement shall be made of the parties or persons intended to be served with the order for setting down the same for hearing. 2. After the 15th of April, 1869, the Registrar shall not place any cause in the paper of the Court to be heard upon a petition of appeal and rehearing, or upon a petition of rehearing, until the decree or order appealed from shall have been produced to him, duly passed and entered, 3. All petitions of appeal and rehearing at present in the custody of the Senior Registrar shall be forthwith transmitted by him to and left at the Report Office, to be there filed and preserved under the direction of the Clerks of Records and Writs, and every petition of appeal and rehearing which may hereafter be presented to the Lord Chancellor, and every petition for a rehearing before the Master of the Rolls, or one of the Vice Chancellors, shall be transmitted to, and left at the Report Office, to be there filed and preserved under the direction of the Clerks of Records and Writs, and the provisions of the 44th, 45th, 46th, and 47th Rules of the 1st of the Consolidated Orders shall extend and apply to all such petitions of appeal and rehearing. HATHERLEY, C. ROMILLY, M.R. C. JASPER SELWYN, LJ. ORDER OF COURT. Thursday, the 29th day of April, 1869. The Right Honourable WILLIAM PAGE, BARON HATHERLEY, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable JOHN LORD ROMILLY, Master of the Rolls, the Right Honourable the Lord Justice SIR CHARLES JASPER SELWYN, the Right Honourable the Lord Justice SIR GEORGE MARKHAM GIFFARD, the Honourable the Vice Chancellor SIR JOHN STUART, the Honourable the Vice Chancellor SIR RICHARD MALINS, and the Honourable the Vice Chancellor SIR WILLIAM MILBOURNE JAMES, Doth hereby, in exercise and execution of the powers given to him by the Liquidation Act, 1868, and of all other powers and authorities enabling him in that behalf, Order and direct in manner following: 1. Every scheme to be filed in the Court of Chancery pursuant to the statute 31 & 32 Vict. c. 68, and every declaration, affidavit, petition, summons, notice, or other proceeding relative thereto, shall be intituled in the matter of the Liquidation Act, 1868, and in the matter of the debtor, bankrupt, or company, to whose assets the same relates, and, if the same relates to the assets of a company which is being wound up under the Companies' Act, 1862, and any act amending the same, then such scheme shall also be intituled in the matter of the Companies' Act, 1862. 2. Every such scheme shall be marked either with the words "Lord Chancellor," and the name of one of the Vice Chancellors, or with the words "Master of the Rolls"; and the matter of such scheme (unless removed by some special order of the Lord Chancellor or the Lords Justices) shall accordingly be attached to the Court of such Vice Chancellor, or to the Court of the Master of the Rolls, as the case may be, in like manner, and for the same purposes, as causes are attached to a particular Court. 3. Where such scheme relates to assets of a company which is being wound up under the Companies' Act, 1862, and any act amending the same, by the Court of Chancery or under the supervision of the Court of Chancery, the scheme shall be marked so as to be attached to the Court of the Judge to whose Court the matter of such winding-up is attached. 4. Every scheme to be filed as aforesaid, shall be printed on paper of the same size and description and in the same style and manner as Bills in Chancery are required to be printed; and every fifth line of each page thereof shall be numbered. 5. Every such scheme shall be filed in the Office of the Clerks of Records and Writs, and shall have indorsed thereon the name and address of the solicitor and London agent (if any) of the liquidators, and also the address for service of such solicitor in cases where an address for service is required by the General Orders of the Court. 6. At any time after the expiration of four days from the filing of any such scheme, any person claiming to be interested as a creditor or contributory in the affairs of the debtor, bankrupt, or company to whose assets the scheme relates, may, by a requisition in writing, delivered at the office of the solicitor of the liquidators, or of his London agent (if any), and stating the nature of the interest which such person claims, demand any number, not exceeding ten, of printed copies of the scheme; and the copies so required shall, within twentyfour hours after such demand, and on payment for each such copy at the rate of one halfpenny per folio, be delivered to the person so requiring the same, with a certificate thereon by such solicitor or his London agent, that they are true copies of the scheme filed. 7. Except in cases where an affidavit, verifying a list of creditors, shall already have been filed, or a list of creditors shall have been made out under the direction of the Court, the liquidators, on the day on which the scheme is filed, or within such further time as the Judge shall allow, shall file in the Office of the Clerks of Records and Writs, an affidavit made by some person competent to make the same, verifying a list containing the names and addresses of the creditors, and the amounts due to them respectively, so far as the same can be ascertained, and leave the said list, and an office copy of such affidavit, at the chambers of the Judge. 8. Copies of the scheme, and copies of the list of creditors, containing the total amount due to them, but omitting the amounts due to them respectively, or (if the Judge shall so direct), complete copies of such list, shall be kept at the offices of the solicitor of the liquidators and his London agent (if any); and any person claiming to be interested as creditor or contributory, may, at any time during the ordinary hours of business, inspect and take extracts from such scheme and copy list on payment of the sum of 1s. Such 9. The liquidators shall, within seven days after the filing of the scheme, or within such further time as the Judge may allow, send to each creditor whose name is entered in the said list, or to such of them as the Judge shall think fit, and in cases of winding-up, to such of the contributories as the Judge shall think fit, a notice of the filing of the scheme. notice shall state the time when the scheme was filed, and the place or places where the scheme may be inspected and copies thereof obtained; and shall be sent through the post in a prepaid letter addressed to each of the persons to whom the same is to be sent at his last known address or place of abode. 10. Notice of the filing of the scheme may also, if the Judge shall think fit, after the filing thereof, be published at such times and in such newspapers as the Judge shall direct. Every such notice shall contain such particulars as are mentioned in the preceding rule. 11. After the expiration of one calendar month from the filing of the scheme, or at such earlier time as the Judge shall think fit, the liquidators may present a petition for confirmation of the scheme. It shall not be necessary in such petition to set forth the scheme, but it shall be sufficient to refer thereto. 12. When any petition to confirm any such scheme is presented, the liquidators shall apply to the Judge in chambers to appoint the day on which the same is to come into the paper for hearing, such day not to be before the expiration of three weeks from the time of such application, and shall cause a notice of such presentation to be inserted in such two newspapers as the Judge in chambers shall direct. Such notice shall state the day on which the scheme was filed, and the day on which the petition was presented, and the day on which the same is directed to come into the paper for hearing, and the name and address of the solicitor and London agent (if any) of the liquidators. 13. The petition shall not come on to be heard until at least fourteen clear days after the first insertion of such notice as aforesaid. Such notice shall at least once in every entire week, reckoned from Sunday morning till Saturday evening, which shall have elapsed between the first insertion thereof, and the day on which such petition is directed to come into the paper for hearing, be again inserted in such newspapers as aforesaid, on such day or days as the Judge in chambers shall direct. 14. Any creditor, contributory, or other person whose rights or interests are affected by such scheme, and who shall be desirous to be heard in opposition to the confirmation thereof, shall, at least two clear days before the day on which the petition for confirmation is directed to come into the paper for hearing, enter an appearance in the office of the Clerks of Records and Writs, and, in default of so doing, shall not be entitled to be heard, unless by the special leave of the Court. 15. Any person so entering an appearance, shall be deemed to have submitted himself to the jurisdiction of the Court as to payment of costs, and otherwise. 16. No order for confirming a scheme, whether with or without alteration or addition, shall be enrolled until the expiration of thirty days from the day of the same having been pronounced, exclusive of vacations. 17. No caveat shall be entered to stay the enrolment of any order for confirming a scheme, with or without alterations or additions; but every such order may be enrolled after the expiration of thirty days from the day of the same being pronounced, unless in the mean time a petition for a re-hearing shall have been presented, and an order for setting down such petition obtained and served upon the liquidators, such thirty days to be exclusive of vaca tions. 18. No petition for a re-hearing, either before the same Judge or before the Lord Chancellor or the Lords Justices, of the case on which any order confirming a scheme, with or without alterations or additions, or order refusing to confirm a scheme, has been made, shall, unless by special leave of the Lord Chancellor or the Lords Justices, be presented after the expiration of thirty days, exclusive of vacations, from the day on which such order was pronounced, notwithstanding that such order may not have been enrolled. 19. When an order has been made for confirming a scheme, with or without alterations or additions, no person who neither has entered an appearance as aforesaid, nor has by virtue of such special leave as aforesaid been heard in opposition to the confirmation of the scheme, nor is the legal personal representative of a person who has entered an appearance or been heard in opposition as aforesaid, shall be at liberty to present a petition for re-hearing before the same Judge, or before the Lord Chancellor or the Lords Justices, unless the Lord Chancellor or the Lords Justices shall, by special order, to be applied for by motion on notice to the liquidators, to be served on their solicitor or London agent, give leave to such person to present a petition for a re-hearing. 20. All orders made in chambers under the Liquidation Act, 1868, shall be drawn up in chambers unless specially directed to be drawn up by the Registrar, and shall be entered in the same manner and in the same office as other orders drawn up in chambers. 21. In cases not expressly provided for by the said Act, or by the rules of this Order, the General Orders and Practice of the Court (including the course of proceeding and practice in the Judges' chambers, and the course of proceeding and practice as to re-hearings before the same Judge, or before the Lord Chancellor or Lords Justices), shall, as far as such General Orders and Practice are applicable and not inconsistent with the said Act or this Order, apply to all proceedings in the Court of Chancery under the said Act. 22. The power of the Court and of the Judge 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 directions as to the course of proceeding, shall be the same in proceedings in Chancery under the said Act as in proceedings under the ordinary jurisdiction of the Court. 23. Solicitors shall be entitled to charge, and be allowed for all duties performed under the Liquidation Act, 1868, such of the fees on the higher scale, authorized by the 2nd rule of the 38th of the Consolidated Orders and the Regulations as to Solicitors' Fees subjoined thereto, as are applicable, unless the Court or Judge shall otherwise specially direct. 24. The fees of Court set forth or referred to in the Schedule hereto, shall be paid in relation to proceedings in Chancery under the said Act, and shall be collected by means of stamps in manner provided by the General Orders of the Court. |