REPORTS OF CASES

ARGUED AND DETERMINED

IN THE

HIGH COURT OF CHANCERY.

In the Matter of the NORTH of ENGLAND JOINT-STOCK BANKING COMPANY and of the JOINT-STOCK COMPANIES WINDING-UP ACT, 1848 (11 & 12 Vict. c. 45).

Ex parte HALL.

1851. November 8. Before the Lord Chancellor Lord TRURO.

The general rule of practice of the Court of Chancery, by which a successful appellant is not allowed the costs of his appeal, does not apply to proceedings under the Winding-up Acts, but the costs of all the proceedings are in the discretion of the Court.

In a case where the official manager succeeded before the Master and on appeal before the Vice-Chancellor in obtaining the name of a party to be included in the list of contributories, but these decisions were ultimately reversed by the Lord Chancellor, the costs of all the proceedings, including the costs of the appeals and in the Master's office, were ordered to be paid by the official manager to the party sought to be charged.

MRS. OUTERSTON, a widow lady, possessing shares in the North of England Joint-stock Banking Company as representing her deceased husband in whose name the shares stood, on occasion of her second marriage assigned them by deed to Mr. Hall as a trustee for herself, but no transfer of the shares according to the provisions of the deed of settlement of the company was actually made.

* On the winding up of the company, the Master held Mr. *2 Hall liable as a contributory without qualification: on appeal to

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