Form 398.

Order to strike name off list.

Upon the application of the off. liq. of co. to settle the list of contributories made out by him and left at the chambers of the M. R., wherein the name of E. of has been included as a member holding 24 shares, to fix the name of the said E. upon such list, and upon reading the solicitors for the said off. liq. and for the said E., and upon hearing, &c., Let the name of the said E. be struck off the list of contributories for unpaid shares: And order that the said off. liq. do pay to the said E. the sum of 147. 10s. 6d., being the ascertained amount of his costs of this application. Southsea Floral Hall Co., M. R., 25th June, 1877. B. 1453.

Form 399.

Order to place name in list.

Upon the application of T. to review the list of contributories of co. in respect of the inclusion of the said T. therein as an unpaid shareholder and that his name might be struck out or entered as a fully paid-up shareholder, and upon hearing the solicitors for the applicant and for the off. liquidator, &c. [adj. into Court], Let the name of the applicant be placed in the said list for 150 paid-up shares only, And let the costs of the applicant and the said off. liq. be taxed, &c., and paid out of assets of co. Eupion Fuel and Gas Co., Malins, V.-C., 17 Mar. 1877. A. 597.

Form 400.

Order to settle executors in list.

Upon the application of the official liquidator, &c., Let the said W. S. & S. be and they are hereby settled upon the list of contributories of the said society as the executors of the said S. deceased, in respect of 50 shares held by him in the said co. Crown Co-operative Soc., M. R., 20 Jan. 1877. A. 437.

Form 401.

Order to

retain name on list.

Special leave

to appeal.

Upon the application of the off. liq. of co. to settle the list of contributories thereof which had been adjourned from time to time to the 29th Nov. last, when the chief clerk of His Lp. the V.-C. Sir C. Hall settled the said A. upon such list, and the said ch. clerk thereupon at the request of the said A. adjourned the matter to the V.-C. in chambers on Monday, the 10th of Dec. instant, and on the matter coming on before his Lp. in chambers this day, and upon hearing counsel, &c., and upon reading, &c., The judge doth order that the name of the said A. be retained on the list of contributories of the said co., and doth hereby give special leave to appeal against this order without any application being made to him in court to set aside this order or discharge the same, And the judge doth not think to make any order as to costs, the parties proposing, subject to the approval of the Court of Appeal, that the said A. if unsuccessful on the appeal should be paid his costs out of the assets of the co., and that if successful he shall not ask for costs against the official

liquidator personally. Church and Empire, &c., Co., Hall, V.-C., 10 Form 401. Dec. 1877, A. 2195.

Upon motion by way of appeal this day made unto this court by A. in Form 402. person, and upon hearing counsel for the liq. of co., and upon reading Order on the order dated 15 July, 1876: Order that the said order, whereby it was appeal reversing order ordered that the name of the said A. should be placed upon the list of appealed from. contributories of the said co. in respect of 3520 shares therein upon which nothing has been paid, be discharged, And declare that the said A. held and holds the said shares as fully paid-up, and order (he so desiring) that his name be not placed on the list of contributories of the said co. in respect of the said shares or any of them, And order that the liq. of said co. do pay to the said A. his costs of and occasioned by the said order including his costs of this application, such costs to be taxed by the taxing master. Wedgwood Coal, &c., Co., Anderson's case, Court of Appeal, 14 Nov. 1877, B. 2021. See also report in 7 C. Div. 75.

Upon motion by way of appeal, &c., by counsel for the off. liq. of co. Form 403. that the order dated 31 July, 1876, might be varied or discharged and Appeal of that M. might be placed on the list of contributories of the said co. in off. liq. refused. respect of 25 shares, in the presence of counsel for the said M., and upon reading the said order, an order dated 1 July 1876, and the evidence in the said last mentioned order, This Court doth not think fit to make any order on the said motion, but doth order that the said off. liq. do pay to the said M. his costs of and incident to the said motion to be taxed, &c. Australian Direct Steam Co., Ct. of App., 6 Mar. 1877. A. 549.

vary certificate.

Upon the application of the off. liq., &c., that so much of the chief Form 404. clerk's certificate dated, &c., as certifies that H., N., & J., the several Order refusing persons whose names are set forth in the 2nd schedule thereto as having application to been excluded from the list of contributories might be varied by striking out the said second schedule, and placing the names of the said several persons therein named in the first schedule to the said certificate, and that such consequential alterations and corrections as might be necessary might be made in the said certificate, and upon hearing the solicitor for the applicant and for the respondents H., N., & J., and upon reading the said chief clerk's certificate, Let the said application be dismissed. London and Provincial, &c., Co., 11 April, 1877. B. 618.

Upon the application of S., &c., Let the said chief clerk's certificate Form 405. be varied by excluding the name of the applicant as a contributory of Order varying the said co., And let the name of the said S. be removed from the list of certificate.

Form 405. contributories of the said co., no order as to costs of application, except that the costs of the said off. liq. be paid out of the assets of the said co. as and when the judge shall direct. National Funds Assurance Co., M. R., 25 June, 1877. B. 1169.

Evidence on Applications to vary List or Certificate.

The alleged contributory will file evidence in support, and the official liquidator in opposition or vice versa. As to cross-examination on affidavits, see Form 514, et seq. As to obtaining evidence of witnesses, see infra, after Form 522. As to discovery and inspection, see infra, Form 506, et seq. As to notices to produce and admit, infra, Form 523.

Form 406.

Order giving time to file evidence.

Upon the application of the L. F. Association, contributories of the above-named co., and hearing the solicitors for the applicants and for the off. liq. of the said co., Let the applicants have further time to file their evidence in answer to the affidavits of the off. liq. of the said co. and D. respectively filed in these matters on the 16th and 17th May, 1878, until the 18th June, 1878. Alexandra Palace Co., Malins, V.-C., 27 May, 1878. A. 977.

Form 407. Another.

Upon the application of S. the off. liq. of co., and upon hearing the solicitors for the applicants, &c., Let the time within which the applicant is to file his evidence in chief in support of the summons issued in the above matters on the 16th of June, 1876, be further extended until the 7th of Nov. 1876, and let the time within which the respondents are to be at liberty to file affidavits in answer be extended to the 28th day of Nov. 1876, and let the time within which the applicant is to be at liberty to file affidavits in reply be extended to the 4th of Dec. 1876. Wedgwood Coal, &c., Co., Malins, V.-C., 26 Oct. 1876. B. 1617.

Form 408. Another.

Upon, &c., Let the applicant have 14 days further time to file his evidence in support of his summons to be removed from the list of contributories in reply to the evidence filed by the said liq. London and Provincial, &c., Co., 18 Ap. 1877. B. 825.

Liberty to employ Detective.

Form 409. Upon the application of the off. liq. of co., and upon hearing the solicitor for the applicant, and upon reading an affidavit of the said off. liq. filed, &c., Let the said off. liq. be at liberty to pay out of the assets

Liberty to employ detective

of the said co. to E. P. or to such person or persons as may give infor- Form 409 mation enabling him to recover calls from the contributories of the said co. who have not yet satisfied their liability, a commission of 15 p. c. upon all sums not exceeding 4007., and a commission of 10 p. c. upon all sums exceeding 4007. which may be recovered in consequence thereof, And let such payments be allowed to the said off. liq. on passing his accounts. Estates Investment Co., M. R., 12 Jan. 1878. A. 56.

Another.

Upon the application of L., the off. liq., &c., Let the applicant be at Form 410. liberty to employ W. P. to find out the whereabouts of the contributories mentioned in the schedule hereto, And let the said P. be allowed a commission of 20 p. c. on all amounts up to 100l. recovered from the said contributories, and 15 p. c. between 1007. and 5007., and 10 p. c. on all amounts recovered beyond 500l. National Funds Co., M. R., 28 Feb. 1878. B. 445.

For similar order by Fry, J., see St. Nazaire Co., 7 Ap. 1879. B. 685.

For order of M. R., authorising the employment of P. at a commission to discover whereabouts of contributories, and approving of the agreement which had been prepared, see Barned's Banking Co., M. R., 9 May, 1879. A. 1496.

Calls.

As to calls, see ss. 102, 103, 105, and 106 of the Act.

The proceedings in regard to calls are regulated by Rules 33, 34 and 35, 63 and 64. The following forms will be found in the schedule to rules: 33. Affidavit of official liquidator in support of proposal for call. 34. Summons for intended call. 35. Advertisement of intended call. 36. General order for a call. 37. Notice to be served with general order for call. 38. Affidavit in support of application for balance order against contributories who have not paid pursuant to the general order. 39. Order for payment accordingly. 40. Notice to be indorsed on every order, directing payment into Bank of England. 41. Certificate of payment of money into Bank of England. 42. Affidavit of service of order [39] for payment of call. 43. Affidavit of non-payment of money by order directed to be paid into Bank of England.

These forms are so complete that it scarcely seems necessary to add to them; however the following are given :

Upon the application of the off. liq., &c., Order that a call to the Form 411. amount of the full amount remaining unpaid be made on all the contri- Call to full butories of the said co. whose names are set out in the schedule to the amount. said chief clerk's certificate in respect of the shares held by them in the said co. And [order for payment into Bank]. Sovereign & Belgian Stores Coal Co., 15 July, 1877, B. 1489.

Upon the application of the official liquidator, &c., It is ordered that Form 412. the several persons named in the first column of the schedule to this Order for pay

ment of calls

Form 412. order being respectively contributories of the said syndicate do within four days after service of this order upon them respectively pay to unregistered. the official liquidator of the said syndicate at his office, No.

where co.

Form 413.

Liberty to take proceedings in bankruptcy.

in the

City of London, the several sums of money set opposite to their respective names in the fourth column of the said schedule being the amounts due from the said several persons respectively in respect of the calls of 50 p. c. 50 p. c. and 90 p. c. on the amounts respectively originally subscribed by each contributory made by the orders dated respectively the first of August, 1874, the 9th of April, 1875, and the 1st of June, 1876, or some or one of such calls. Royal Victoria Palace, Theatre Syndicate, 5 April, 1878, B. 808.

Upon the application of W. the off. liq., &c., and upon hearing the solicitor for the applicant, and reading the chief clerk's certificate, &c., Order that the said off. liq. be at liberty to take proceedings in bankruptcy against S. C. & W. respectively contributories of the said co. to recover the amounts due from them in respect of the call of 51. per share made pursuant to the order in these matters, dated 15 Feb. 1877. Heaton's Steel and Iron Co., 2 June, 1877, A. 1219. See also supra, Form 383a.

If any person made a contributory as personal representative of a deceased contributory makes default in paying any sum ordered to be paid by him, the official liquidator can take proceedings to administer his estate. S. 105 of the Act. The official liquidator will sue thus: "A. B. official liquidator of the limited (on behalf of the said company, and all other the creditors of C. D. deceased)." See Turquand v. Kirby, 4 Eq. 123.

co.

Form 414. Charging order.

Upon the application of W. the off. liq., &c., and upon hearing the solicitor for the applicant, &c., Let the 150 shares in the L. Co. standing in the name of H. of, stand charged with the payment to the said off. liq. of the said E. Co. of the sum of 2957. 58. 10d. in the said order, dated 7th July, 1877, mentioned, and interest thereon at the rate of 5 p. c. p. a. as from the date of the said order until payment, unless the said H. shall, on or before the 13th day of Sept. 1877, show unto this court good cause to the contrary, and this order is to be served two clear days before the said 13th day of Sept. 1877, And let the said L. Co. be restrained from permitting a transfer of the said shares in the meantime and until this order be made absolute or discharged. Eskern Slate, &c., Co., 29 August, 1877. A. 1597.

Form 415.

Dividends to Contributories.

Upon the application of T. W. the off. liq., &c., and upon hearing the Liberty to pay, solicitors for the applicant and for J. B. a contributory of the said co.