Page images
PDF
EPUB

AND RULES

GENERAL ORDER the debts of the company and the rights and priorities of the persons interested in the moneys to come to the hands of such receiver or manager.

Summons under s. 5 of the act.

XXXII. Every summons in Chancery under the "Railway Companies Act, 1867," section 5, shall be intituled in the matter of the said act and in the cause or matter in which the execution in question was issued, and such summons shall be issued out of the chambers of the judge to whose court such cause or matter is attached, and such rules and practice of the Court of Chancery as are applicable to summonses for the purpose of proceedings not originating in chambers and to the proceedings thereunder shall be applicable to such summons and the proceedings thereunder.

Orders to be drawn up in chambers.

General orders to apply to cases under the act.

Enlarging and abridging times.

[ocr errors]

PART III.

GENERAL PROVISIONS.

XXXIII. All orders made in chambers under the 'Railway Companies Act, 1867," 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.

XXXIV. 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 rehearings before the same judge, or before the Lord Chancellor or Lords Justices) shall, so 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.

XXXV. 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 direction as to the course of pro

Costs-Application of Consolidated Orders. 513

AND RULES.

ceeding, shall be the same in proceedings in Chancery GENERAL Orde under the said act as in proceedings under the ordinary jurisdiction of the Court.

XXXVI. Solicitors shall be entitled to charge and be costs. allowed the fees set forth or referred to in the 1st Schedule hereto unless the Court or judge shall otherwise specially direct.

XXXVII. The fees of Court set forth and referred to Court fees. in the 2d 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.

XXXVIII. The general interpretation clause contained Interpretation. in the consolidated orders of the Court of Chancery shall extend and apply to this order, and this order shall be deemed one of the general orders of the Court.

into operation 3d

XXXIX. This order shall come into operation on Order to come Monday the 3d day of February 1868, and shall apply to February 1868. all schemes filed under the said act, and to all proceedings in Chancery to be had under the same act, provided always that all proceedings taken under the said act before this order shall have come into operation shall have the same validity as they would have had if this order had not been made.

THE FIRST SCHEDULE.

FEES AND CHARGES TO BE ALLOWED TO SOLICITORS.

For all duties performed under the Railway Companies Act, 1867, such of the fees on the higher scale authorised by the 2d 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.

GENERAL ORDER
AND RULES

THE SECOND SCHEDULE.

FEES TO BE COLLECTED BY MEANS OF STAMPS.

In the Judges' Chambers.

Such of the fees as are directed to be paid and collected
by the 2d rule of the 39th of the Consolidated
Orders, and the regulations subjoined thereto, as are
applicable.

In the Registrars' Office.

Such of the fees as are directed to be paid and collected
by the 2d rule of the 39th of the Consolidated
Orders, and the regulations subjoined thereto, as are
applicable.

in the Record and Writ Clerks' Office.

For filing every scheme of arrangement,
For every certificate of filing a scheme of arrangement,
Such other fees as are directed to be paid and collected
by the 2d rule of the 39th of the Consolidated
Orders, and the regulations subjoined thereto, as are
applicable.

In the Examiners' Office.

Such of the fees as are directed to be paid and collected
by the 2d rule of the 39th of the Consolidated
Orders, and the regulations subjoined thereto, as are
applicable.

In the Taxing Masters' Office.

Such of the fees as are directed to be paid and collected
by the 2d rule of the 39th of the Consolidated
Orders, and the regulations subjoined thereto, as are
applicable.

[blocks in formation]
[ocr errors]
[blocks in formation]

In the Office of the Lord Chancellor's Principal Secretary.
For every petition,

In the Office of the Secretary at the Rolls.

. 1 0 0

For every petition,

1 0 0

Advertisement of Scheme -Petition to Confirm. 515

THE THIRD SCHEDULE.

No. 1. Advertisement of Scheme.

[See Rule 10.]

In the matter of the

Railway

Company; and in the matter of the Railway
Companies Act, 1867.

Notice is hereby given, that on the

18

day of

a scheme of arrangement between the above-named company and their creditors [state here whether the scheme contains or not any provisions for settling the rights of any and what classes of shareholders as among themselves, or for raising additional share or loan capital, and which, and to what extent] was filed in the Court of Chancery, and a copy of the said scheme will be furnished to any person requiring the same by the undersigned, or at the office of the company, at

on payment of the regulated charges for the same.

A. and B., of

[Agents for C. and D., of Solicitors for the company.

[ocr errors]
[blocks in formation]

Company; and in the matter of the Railway
Companies Act, 1867.

To the Right Honourable the Lord High Chancellor of Great
Britain [or, To the Right Honourable the Master of the Rolls,

as the case may be.]

The humble petition of

above-named company

Showeth,

That on the

[merged small][merged small][merged small][ocr errors]

directors of the above-named company filed in this Honourable
Court, a scheme of arrangement between the above-named company
and their creditors.

Your petitioners therefore humbly pray that the
scheme so filed as aforesaid may be confirmed by
the order of this Honourable Court.

And your petitioners will ever pray, &c.

GENERAL ORDER
AND RULES.

GENERAL ORder
AND RULES.

No. 3. Advertisement of Petition to confirm a Scheme.
[See Rule 17.]

In the matter of the

Railway

Company, and in the matter of the Railway
Companies Act, 1867.

Notice is hereby given that a petition was, on the
day of
18 presented to the Lord Chancellor
[or the Master of the Rolls] by the directors of the above-named
company, praying the confirmation of a scheme of arrangement
between the said company and their creditors, filed in the Court of
Chancery on the
day of

18

And that the said petition is directed to be heard before the Vice-
Chancellor Sir
[or before the Master of
the Rolls] on the
day of
and any person whose interests are affected by such scheme, and
who may be desirous to oppose the making of an order for the con-
firmation thereof under the above act, should enter an appearance
at the Office of the Clerks of Record and Writs on or before the
day of
18 and appear by
himself or counsel at the hearing of the said petition. And a copy
of the scheme and petition will be furnished to any person requir-
ing the same by the undersigned, or at the office of the company at
on payment of the regulated charge for

the same.

A. and B., of

[ocr errors]
[ocr errors]
[merged small][merged small][merged small][merged small][ocr errors]
« PreviousContinue »