notice of any change of residence of such contributories, And Let 14 Form 468. days from the date of such service be the time for the said persons to appear or do any act referred to in such summonses, &c., respectively. SCHEDULE. Serial No. on list. Names. Addresses. Thomas W. Boober & Co., Fry, J., 20 Mar. 1879. B. 562. tion with prove. Upon the application of the liqs. of co., Let the said liqs. be at liberty Form 469. to serve the several persons whose names are set forth in the 2nd column Liberty to of the schedule hereto who respectively claim to be creditors of the said serve creditors co., and who reside out of the jurisdiction of this court, with notices to out of jurisdicprove their respective claims or the unadmitted parts thereof respectively peremptory against the said co., and to file their affidavits in support thereof, and to notice to give notice thereof to Messrs. the solicitors for the liqs. of the said co., on or before 2 May, 1877, and to attend at the chambers of the M. R. in the Rolls Yard, Chancery Lane, in the County of Middlesex, England, on Saturday, 5 May, 1877, at 11.30 of the clock in the forenoon, being the time appointed for hearing and adjudicating on the said claims respectively, by sending such notices together with a copy of this order by post in a pre-paid letter addressed to the said several persons respectively, according to their respective addresses as appearing opposite their names respectively in the third column of the said schedule, such notice to be posted on or before the 20 April, 1877: And order that such service be deemed good service upon such persons respectively. Form 470. Another. Upon the application of the off. liq., &c., Let the applicant be at liberty to serve by post out of the jurisdiction of this Honble. Court the several persons mentioned in the schedule hereto with notice that unless they do respectively produce to the applicant or to this Court the securities on which they claim to be creditors of the said co., their claims respectively will be disallowed, and they will be excluded from all dividends declared or to be declared, and the assets of the company will be forthwith distributed without further notice, And order that a copy of this order be also served in like manner upon the said claimants named in the schedule with the said notice. SCHEDULE. Naine, Address. Amount claimed. Berlin Great Market, &c., Co., M. R., 2 June, 1877. A. 1063. For order giving liberty to serve, out of the jurisdiction, summons for delivering up to liquidator of messuage situate in Dublin, see International Patent Pulp Co., 18 June, 1877, 1142. For order giving liberty to serve summons for call in Guernsey and Ireland, see Teignmouth, &c., Co., M. R. 21 June, 1878. B. 1207. For order giving liberty to serve all summonses, orders, &c., on two contributories resident in Belgium and Scotland, see Tinfoil Decorative Co., Bacon, V.-C., 12 June, 1877. B. 1122. Form 471. Order for substituted service of summons. Substituted Service. As to substituted service, see Morgan, 457; Seton, 1560. Upon the application of the liqs., &c., Let service of this order and of a copy of the summons issued in these matters dated the 17th April, 1878, by leaving a copy of such summons and of this order at the hotel, situate, and at the hotel, situate- addressed to J. in the said summons named, be good and sufficient service of the said summons upon the said J. Forest of Dean, &c., Co., M. R., 30 Ap. 1878. A. 763. Form 472. Order for. substituted service of petition. Upon motion this day made unto this Court by counsel for K. who alleged that on the 4 Dec. 1878, the said K. presented a petition unto this Court praying that J. might be removed from his office of off. liq. of co., and might be ordered to deliver up all the property, cash, books of accounts, and papers in his possession or control belonging to the said. co., and file proper accounts forthwith, and that a liquidator might be appointed in the place of the said J., and tha: all necessary and proper Form 472. directions might be given for that purpose, or that such further or other order might be made as the nature of the case might require, And that the said pets. have been unable to serve the said petition on the said J. as by an affidavit of the said pets. filed the 6th Dec. 1878, appears, and upon reading the said petition and affidavit, Let service of a copy of the said petition, (having this Court's indorsement that all parties do attend hereon on the 13th Dec. 1878) together with a copy of this order upon F. of Manchester, be deemed good service of the said petition upon the said J. Main Printing, &c., Co. Hall. V.-C., 6 Dec. 1878. B. 2011. Bills & Notes. In the matter, &c. MEMORANDUM. Form 473. Memorandum as to bill of The official liquidator attended this day and applied that he night be exchange. at liberty to accept the following bills of exchange, namely, 1781. 3s. 2d. R. & H. T. R. the same being drawn in discharge of the monthly accounts for carrying on the works of the company. After hearing the said official liquidator, and reading the respective orders of this Court dated, &c., leave was given to the said official liquidator to accept on behalf of the company the above-mentioned bills of exchange. -, Chief Clerk. When the sanction of the judge to the drawing, accepting, making, and indors. ing bills of exchange and promissory notes is given a memorandum as above is generally made. See Rule 48 as to memorandum to be indorsed on bills, &c. Where power is given to carry on the company's business, &c., he is sometimes given an express or implied power to accept and indorse bills without a memorandum signed by the chief clerk, being indorsed pursuant to Rule 48. The memorandum where requisite runs thus: In the matter, &c. The Master of the Rolls [or V.-C. Form 474. ] has sanctioned the [ac Memorandum ceptance] of this bill of exchange by the official liquidator of the above- of sanction to named company. Chief Clerk. be indorsed on bill. Restraining Proceedings. Section 85 of the Act of 1862 provides that, "The Court may at any time after the presentation of a petition for winding up a company under this Act, and before making an order for winding up the company upon the application of the company, or of any creditor or contributory of the company, restrain further proceedings in any action, suit, or proceeding against the company upon such terms as the Court thinks fit." And see s. 163, infra, p. 432. Before the Judicature Act it was the practice where a winding-up petition had been presented to apply to the judge to whom it was assigned to restrain [under s. 85 above] any actions or proceedings against the company wheresoever pending. The application was made by motion ex parte on behalf of the company, or of a creditor or contributory, and it was well settled that upon such an application an injunction would be granted until the hearing of the petition. Re London § Suburban Bank, 19 W. R. 950. But sec. 24, subsec. (5) of the Judicature Act, 1875, provides as follows : (5.) No cause or proceeding at any time pending in the High Court of Justice, or before the Court of Appeal, shall be restrained by prohibition or injunction, but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Act had not passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto Provided always, that nothing in this Act contained shall disable either of the said Courts from directing a stay of proceedings in any cause or matter pending before it if it shall think fit; and any person, whether a party or not to any such cause or matter, who would have been entitled, if this Act had not passed, to apply to any Court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment, or otherwise, any judgment, decree, rule, or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the said Courts respectively by motion in a summary way for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purpose of justice; and the Court shall thereupon make such order as shall be just. It was for some time unsettled whether this enactment did or did not deprive the judge to whom a winding-up petition had been assigned of the power to restrain actions and proceedings pending in other Divisions of the High Court. However, since the decisions in Re People's Garden Co., 1 C. D. 44; Walker v. Banagher Distillery Co., 1 Q. B. D. 129 ; Garbutt v. Fawcus, 1 C. Div. 155; South of France Syndicate, W. N. 1877, 205; 26 W. R. 870; it was generally admitted that the enactment had this effect so far as regarded proceedings before judgment. And accordingly it became usual in such cases to apply for an order to stay to the Division in which the action or proceeding was pending. But it was very commonly considered that the enactment did not prevent the judge from restraining a person who had obtained judgment against the company in another Division of the High Court from issuing execution thereon, nor from restraining the sheriff from selling under any execution issued upon any such judgment. Thus in Re Perkins Beach Co., 7 C. D. 371, the goods of the company had been seised under a fi. fa., and Bacon, V.-C., restrained the sheriff from selling and the execution creditor from proceeding further with his judgment. So, too, in Ex parte The Railway Steel & Plant Co., 8 C. D. 183, Hall, V.-C., restrained the sheriff from selling under a fi. fa. till the hearing of the petition. In each of these cases the fi. fa. had been issued on a judgment obtained in another Division of the High Court. See also Forms 481 et seq., infra, from which it appears that Bacon, V.-C., and the Master of the Rolls have also made such orders. Moreover, the Court of Appeal in Re Stanhope Silkstone Collieries. 11 C. Div. 160, restrained a judgment-creditor from taking further proceedings under a garnishee order obtained in an action pending in one of the Common Law Divisions. See the order, Form 482, infra. However, in Re Artistic Colour Printing Co., 14 C. D. 502, the Master of the Rolls held that this mode of proceeding is wrong, and that having regard to s. 24, subsec. 5, of the Judicature Act, 1873, the application to stop execution or sale ought to be made to the Division in which the action or proceeding is pending. And it is submitted that this is clearly right. See also Wright v. Redgrave, 11 C. Div. 24. Where, therefore, it is desired to stop any action or proceeding pending in the High Court (including executions) the proper course is to apply by motion ex parte to the Division in which the action or proceeding is pending, and the Court following the practice settled in Re The London & Suburban Bank, ubi supra, will, upon the usual undertaking as to damages being given, stay further proceedings until the hearing of the petition or further order. Masbach v. Anderson, 26 W. R. 100; Rose & Co. v. Gardden Lodge Coal Co., 3 Q. B. D. 235; Lindley, Add. 1275. In all other cases, e.g., in cases of actions in foreign courts, or in the inferior courts, or of distress or sales, application should (under s. 85 above) be made by motion ex parte to the judge to whom the petition is assigned, for an injunction to restrain the proceeding until the hearing of the petition. See Forms 375, et seq., infra. The application to stay or restrain (as the case may be) should be supported by an affidavit as to the facts, and if the application is made in the name of the company some responsible person must give the usual undertaking as to damages. Westminster Assoc. v. Upward, 24 Sol. J. 690. S. 85 only applies prior to the winding-up order, but after the order has been made actions and proceedings (other than actions and proceedings in the High Court) commenced or taken in violation of s. 87 of the Act of 1862 [see infra, p. 431,] will be restrained upon the application of the official liquidator or some other person interested. And as to actions and proceedings in the High Court, application can be made therein to stay proceedings, or an order for transfer can be obtained under Order II. rule 2 a. [infra, Form 493, et seq.], and application may then be made to stay proceedings or otherwise as may be thought fit. As to when leave to proceed will be given under s. 87, see infra, Form 496, et seq. It may here be mentioned that some of the judges have not altogether abandoned the practice of restraining (under s. 85) proceedings in the High Court. See order of Hall, V.-C., restraining plaintiffs in action in C. P. D., Re South Staffordshire Colliery Co., 30 Jan., 1879, B. 192, and order of Malins, V.-C., restraining plaintiffs in action commenced in District Registry of Stafford, Stanhope Silkstone Co., 3 Feb. 1879. B. 194. Court action. Upon motion &c. by counsel, for above-named co., the pets. &c., and Form 475. for S. prov. off. liq., &c., and the said S. by his counsel undertaking to Order restrainabide by any order this Court may make as to damages in case the Court ing County shall hereafter be of opinion that the N. Co. has sustained any by reason of this order which the said pets. ought to pay: Let the N. Co. be restrained until the hearing of the said petition or the further order of this Court from taking any further proceedings in the action by them against the said pets. in the County Court of Lancashire, holden at Oldham, in the county of L. Derbyshire Wagon Co., M. R., 12 July 1879. Upon motion. &c., for the liq. of co., &c., Order that the high bailiff of Form 476. the County Court of Yorkshire holden at K. do forthwith withdraw from County Court |