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to sue on bills

by the proceedings, to issue at their discretion from time to time the Form 383a. necessary legal process against the parties to overdue or returned bills of exchange held by the bank: And let no action be commenced pursuant of exchange. to this order unless there is a reasonable prospect of at least the costs thereof being recovered against the persons sued: And no action is to be brought to trial without the sanction of the judge in chambers first obtained. West of England, &c., Bank., Malins, V.-C., 7 Jan., 1879, A. 34.

For order giving off. liqs. liberty "to make the usual proof in bankruptcy against any person or persons indebted to the bank who is already or is or are or shall be adjudicated bankrupt, and either of the applicants to be at liberty to swear the necessary affidavit or affidavits in proof of any debt or debts due to the bank from any bankrupt estate," see West of England, &c., Bank, Malins, V.-C., 10 Jan., 1879. B. 57.

for rent.

Upon the application of the off. liq. of co., &c., Let the said off. liq. Form 384. be at liberty to institute an action in the High Court of Justice against Liberty to R. for 6 months' rent of the company's premises and plant, and to pro- bring action secute such action up to giving notice of trial; but after such notice shall have been given no further steps are to be taken in the action without further leave of the judge. Taurine Co., Limd., M. R., 15 Nov., 1876. B. 1760.

Upon the application of B. and L., the off. liqs., &c., and upon hearing, Form 385. &c., and upon reading an order dated, &c., and the writ of summons Liberty to issued on the 10th of May, 1877, in an action commenced in the defend. Chancery Division of the High Court of Justice wherein, &c., Order that the applicants be at liberty on behalf of the said co. to take all necessary and proper proceedings as they may be advised by way of defence in the said action. Hooper's Telegraph Works, M. R., 15 May, 1877. A. 904.

tract to grant

Upon the application of C. the off. liq., &c., Let the conditional Form 386. contract dated, &c., and made, &c., being the exhibit to the affidavit Order conof the said C. for a lease to the said M. & W. of a portion of the firming conleasehold shop and premises situate at Street, Liverpool, in the lease. county of L. at the rent of 351. per annum be carried into effect. American Bowling, &c., Co., 30 July, 1878. A. 1478.

For order giving off. liq. liberty to grant an underlease of part of company's property, see Economic Benefit Soc., Fry, J., 16 July, 1879. A. 1553.

A lease of a company's undertaking can be sanctioned as an arrangement under the Joint Stock Companies Arrangement Act, 1870. In re Dynevor Dyffryn, &c., Co., 11 C. Div. 605.

Form 387.

Liberty to

of attorney.

Upon the application of the off. liq., &c., Order that the said off. liq. be at liberty to execute the power of attorney to M. marked F. verified execute power by the affidavit of J. filed, &c., and identified by the chief clerk's signature in the margin thereof for the purpose of recovering from the estate of N. of Belgium, Banker, such sums of money as may be due from the estate of the said N. to the said company. Ottoman Company Limd., Bacon, V.-C., 26 April, 1878. 821 B.

For order giving off. liq. liberty to appoint attorney to prosecute any actions which off. liq. may bring in Spain, see Madrid Markets Co., Hall, V.-C., 10 Ap., 1879. B. 691.

Form 388.

Another form.

Form 389. Liberty to employ agent

in Peru.

Upon the application of C., the sole liq. of co., and upon hearing, &c. and upon reading, &c., and the order dated 12 Jan., 1878, whereby the said liquidator was to be at liberty to constitute N., of Lima, in Peru, his attorney for the purpose of realising and getting in such of the assets of the company there as he should be instructed by the said liq. to realise and get in subject to his giving security for 10,0007. by bond of the Bank for that amount in the form approved by the chief clerk of the judge within three months from the date of the lastmentioned order, and upon reading an affidavit of the said C., filed, &c., Order that the said liquidator be at liberty to accept, in lieu of the security mentioned in the last-mentioned order, the bond of the Bank in the form approved by the said chief clerk for the sum of 50007.: And order that the time within which the security is to be given by the said N. pursuant to the said order of the 12th of Jan., 1878 be enlarged until the 12th of June, 1878. General South American Co. Ld., Malins, V.-C., 11 April, 1878. A. 823.

Upon the application of B. and Y., the liqs. of co., and upon hearing the solicitors for the applicants, and upon reading an order dated, &c., an affidavit filed, &c., being respectively the balance order against P. and the affidavit of service thereof through the post office, a joint affidavit, &c., Order that the said B. and Y. as such liqs. as aforesaid, be at liberty to employ R. of Lima, in the Republic of Peru, as agent of the said B. and Y. for them and on their behalf as such liqs. as aforesaid, and in their name or otherwise, to ask, demand, sue for, recover and receive of and from the said R. mentioned in the said order of 4 July, 1876, or from any person or persons on his behalf, the sum of 20,5227. 11s. 11d. for and in respect of calls upon shares in the said co. held by the said R. together with interest on the said sum from 20 Mar. 1876 until payment at 5 p. c. p. a., and to compound, compromise, and accept part in lieu and in satisfaction of the whole of the said debt or sum of 20,5227. 118. 11d. and interest as aforesaid, And upon payment of the said sum and interest, or any part thereof, into the

Bank at

Lima in the names of the said liquidators B. & Y., to give a good and Form 389. effectual discharge and receipt for the said sum or such part thereof as may be paid as aforesaid, And order that the said B. & Y. be at liberty to allow and pay to such attorney or agent out of such sum as by him or through his intervention shall be recovered and so paid in as aforesaid, a commission not exceeding in amount one-third of the sum so recovered and paid in as aforesaid. Bristol & South American, &c., Co., 31 May, 1877. A. 1259.

For liberty to employ detective as regards contributories, see Form 409.

Upon the application of the off. liqs., &c., that the applicant K., one Form 390. of the said off. liqs., be at liberty during the month of Sept. 1877, to Liberty to go proceed to Nova Scotia, arriving there previously to the 2nd Oct. 1877, abroad. and to remain there for such time, not exceeding one calendar month, as may be necessary for further assisting in the defence of the said co. to the action brought by G. against the said co. in S., and for prosecuting the equity suit brought in the Court of Nova Scotia in the name of the said co. against G. in H. in relation to the affairs of the said co., And order that the expenses of the said K., of and relating to the said journey, not exceeding the sum of 100%., be paid out of the assets of the said co. Cape Breton Co., Malins, V.-C., 9 August, 1877. A. 1873.

Upon the application of W., the off. liq., &c., and upon reading, &c., Form 391. and an order made in the action of the Lisbon, &c., Co. v. Grant, 1877, Liberty to L. 145, upon the application of C., one of the defendants in such action: give security Let the applicant be at liberty out of the assets of the said co. to pay for costs. the sum of 1007. into Court to the credit of the said action, to an account intituled " Security for costs of the deft. C.," pursuant to the said order in the said action and dated 1 Feb. 1878. Lisbon Steam Tramways Co., Malins, V.-C., 28 Feb., 1878. B. 448. See Form 232.

-V.

Upon the application of T. & C., the prov. off. liqs. of Bank, &c., Let Form 392. the applicants, as such prov. off. liqs. as aforesaid, be at liberty, in the Liberty to event of any person or persons demanding the return or delivery up to him return or them of any deed, security, or other valuable deposited with the said valuable deposited with bank for safe custody, to deliver up to him or them such deeds, securities, bank for safe or valuables respectively, notwithstanding the person or persons demand- custody. ing the return of the same is or are a shareholder or shareholders in the said bank And costs of the applicants of and incident to this application to be costs in the winding-up. West of England, &c., Bank, Malins, V.-C., 20 Dec. 1878. 2118 B.

Form 393. Liberty to discount bill.

Upon, &c., It is ordered that the off. liq. of the co. be at liberty to discount the bill for 7107. 12s. 2d. in his hands, and out of the proceeds to pay the wages of the workmen of the said co. which will become due on the 19th of May, 1866, and for carriage of the goods and for the purchase of coal to carry on the works of the said co. mentioned in the said affidavit of P., not exceeding in the whole the sum of 5501, Northfield Iron Co., M. R., 18 May, 1866.

Form 394.

Liberty to repay premiums paid by mistake.

to

Upon the application of H., the off. liq. of, &c., Order that the said H. be at liberty to repay to the policy-holders of the said co. whose names are set forth in the 2nd column of the schedule to the said affidavit and numbered respectively inclusive in the 1st column of the same schedule, the amounts set opposite to their respective names in the 7th column of the said schedule, being premiums paid by the said policy-holders to the said liq. since the date of the order to wind up the said co., and which premiums had not accrued due at the date of the said order, And order that in taxing the costs of the said H. as the prov. and off. liq. of the said co. all premiums received by him from policy-holders be distinguished from his receipts from other sources, and that the date at which such premiums respectively become due be stated in the certificate, and that his payments in respect of such premiums be also distinguished, And costs of and incident to application to be costs in winding up. British Imp. Insur. Co., Hall, V.-C., 16 July, 1877, A. 1445.

For order authorising off. liqs. to enter into contract for completion of company's railway and pier, see Cape Breton Co., Malins, V.-C., 2 May, 1877. A. 818.

For order confirming contract on behalf of co. in liquidation to lay the permanent way of a railway over bridges, see Hamilton's Windsor Ironworks, Fry, J., 29 Mar., 1879. A. 654.

Contributories.

As to settling the list of contributories, see ss. 98 & 99 of the Act and Rules 29 30, 31, 63, and 64, and Forms in Schedule to Rules, Nos. 24 to 43.

As to the liability of the contributories, see s. 38 of the Act.

S. 98 of the Act provides that the Court shall settle a list of contributories. The list is to be prepared by the official liquidator, and to be verified by the affidavit. Rule 29. The list is to be left at the chambers of the judge, and an appointment for settlement obtained, and notice is to be given: Rule 30. The result of the settlement is to be certified by the chief clerk. The following forms will be found in the schedule to the rules. 25. List of contributories. 24. Affidavit of official liquidator in support. 26. Notice to contributories of appointment to settle list. 27. Affidavit of service of notice. 30. Supplemental list of contributories. 29. Affidavit in support. 31. Certificate of chief clerk of settlement of list. 32. Order to vary list. At the meeting to settle the list the affidavit of service of the notices and the London Gazette and other papers containing the advertisement (if directed) must be produced, and the settlement is then proceeded with.

Usually all unopposed cases are taken first, and then the opposed. As regards the latter, the official liquidator produces his evidence to fix the alleged contributory, and then the alleged contributory produces his evidence in opposition.

The evidence is usually by affidavit, and when the chief clerk has gone into it he

gives his decision. If either of the parties think fit, the matter can thereupon be referred to the judge, or he can wait until the certificate has been settled, and then, within four days after it has been signed by the chief clerk, and before approval by the judge, issue a summons to take the opinion of the judge thereon. Consol. Order 35, r. 49. Or he may wait until the certificate has been filed, and within eight days afterwards take out a summons to vary or discharge the certificate. Consol. Ord. 35, r. 52. Morgan, 154.

However, in most cases, if an alleged contributory is dissatisfied with the chief clerk's decision, he takes out a summons at once to strike his name off the list, and if necessary, this summons is adjourned into court.

The costs of a person unsuccessfully disputing his liability as a contributory must, as a rule, be paid by the contributory. Gower's case, 6 Eq. 77 ; Andrew's case, 3 Ch. 161.

If the alleged contributory successfully dispute his liability, he will get his costs. Nation's case, 3 Eq. 77, and Form 398 and 402, infra. And if costs are given him, they will be payable out of the assets in priority to the liquidator's costs. Home Investment Co., 14 C. D. 167.

Form 394.

Formal parts: see supra, Form 313.

On the part of A. of

that the name of the applicant may be Form 395. struck off the list of contributories of the above-named company, and Summons to that the official liquidator of the said company may be ordered to pay strike name the costs of this application.

off list.

Formal parts: see supra, Form 313.

cate.

On the part of F. P., one of the persons settled on the list of contri- Form 396. butories of the above-named company by my chief clerk, that the Summons to certificate of my chief clerk dated, &c., of the result of the settlement of vary certifithe list of contributories of the above-named company may be altered or varied as follows, namely, by excluding the name of the applicant from the first part of the schedule to such certificate, and that such consequential directions may be given and corrections and alterations made in the said certificate as may be necessary.

Formal parts: see supra, Form 313.

That so much of the said certificate of my chief clerk dated, &c., as Form 397. certifies, that A. is the holder of 500 shares in the above-named co., Another. and as such has been placed on the list of contributories of the said co. may be varied by inserting in the said certificate as the holder of 100

of the said shares the name of B. of, in the place and stead of the said A., and that such consequential directions, &c.

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