proceeded with or commenced against the company except with the leave of the Court, and subject to such terms as the Court may impose."

And s. 163 is as follows:

163. “Where any company is being wound up by the Court, or subject to the supervision of the Court, any attachment, sequestration, distress or execution put in force against the estate and effects of the company after the commencement of the winding-up, shall be void to all intents."

Orders are frequently made under section 87. See Buckley, 201; and Forms 496, et seq., infra. The application should not be ex parte : Western Brazilian Co., W. N. 1880, 145; 42 L. T. 821.

It is now settled that under s. 87 the Court has a discretionary power to permit a creditor to proceed with executions, &c., declared void by s. 163. Thus a creditor who has been unfairly delayed by the company, may be given leave to proceed with his execution, or may obtain an order directing the liquidator to sell at any time out of the proceeds. Taylor v. Railway Steel & Plant Co., 8 C. D. 183. See Form 501, infra, and Buckley, 185 et seq. And liberty is frequently given to distrain for rent. See note to Form 503, infra.

Form 496.

Liberty to debenture holder to bring action.

Upon the application of H., a debenture holder of the said company, by summons dated the 11th Dec. 1876, and upon hearing the solicitors for applicant, for the off. liq. of the said co., and for and andtrustees for the debenture holders of the said co., and upon reading, &c. : Let the said H., as such alleged holder of eight debentures of 507, each in the said co., be at liberty to take all such proceedings in this Court against the said co. and other parties as the applicant may be advised. New Town Manure Co., M. R. 12 Dec. 1876. B. 1878.

A mortgagee or mortgage debenture holder will be given liberty as of course to enforce his security. Lloyd v. Lloyd & Co., 6 C. Div. 339.

Form 497. Another.

Let the applicant be at liberty to commence and prosecute an action against the above-named company in this Court and Division for the recovery of 20007., the amount of twenty debentures of 1007. each, of the said co., numbered, &c., of which he is the holder; such debentures purporting to form a charge upon the undertaking, and all the land [&c.] of the company. But such action is not to be prosecuted beyond giving notice of trial therein, without further leave of the judge first obtained. Yniscedwyn Co., M. R., 5 Dec. 1876. B. 1917.

Form 498.

Specific performances.

Administrations.

For order giving vendor liberty to bring action against co. for specific performance of agreement to purchase land, and to enforce lien for unpaid purchase-money, or in the alternative for a rescission of the contract and for other relief, see Industrial Coal & Iron Co., M. R., 14 June, 1877. A. 1553.

Liberty to trustees for debenture holders to bring action to have trusts carried into execution notwithstanding supervision order. Cadiz Waterworks, Malins, V.-C., 8 May, 1877. A. 882.

Upon the application of S. on behalf of himself and other the holders Form 499. of mortgage debentures having a charge upon the undertaking, property Liberty to and effects of the above-named company, and who are to rank pari proceed with action by passu with the applicant in respect of the said charge, and upon hearing debenture the solicitor for the applicant, &c., Let the said S. be at liberty to holders. proceed with and prosecute an action now pending in the said Chancery Division of the High Court of Justice, before his lordship the V.-C. Sir James Bacon, wherein the said S. on behalf of himself and the said holders of mortgage debentures is plaintiff and the above-named co. defendant, 1877. S. No. 279. Scilly Islands Telegraph Co. Ld., M. R., 9 August, 1878. 1594 B.

C. P. Div.

Upon the application of B. the plaintiff in a certain action of Blake Form 500. v. The Albion, &c., to show cause why the said action now pending in Liberty to the High Court of Justice, Common Pleas Division, should not be pro- proceed with ceeded with notwithstanding an order has been made for the winding action in up of the said co., and upon reading an affidavit, &c., and upon hearing the respective solicitors for the said B. and for the official liquidator of the said co., Let the applicant be at liberty to proceed with the said action, he undertaking not to take any steps to enforce any judgment he may obtain without leave of the court or a judge, And let the costs of the applicant relating to this application be costs in the said action, and let the costs of the said off. liq. of such application be costs in the winding up. Albion Life Ass. Co., Malins, V.-C., 4 Mar. 1878. A. 502.

Declare that the court is of opinion that Mr. Taylor is entitled to the Form 501. same charge on the assets of the company in the hands of the sheriff as Execution if such assets had been sold by the sheriff under the writ of fi. fa. before creditor given the petition for winding up the company was presented; and let the first charge. sheriff go out of possession and deliver the assets in his possession to the liquidators; and order the liquidators to sell forthwith sufficient assets to raise the amount due to Mr. Taylor in respect of the three bills for 5,0007., and interest at 4 per cent., and costs, and out of the proceeds of such sale pay Mr. Taylor the amount of his judgment debt and interest at 4 per cent. thereon from the signing of the judgment, and costs, and the costs of both motions, and pay the costs of the sheriff. Liberty to Mr. Taylor to apply in case the liquidators do not sell forthwith. Taylor v. Railway Steel and Plant Co., Hall, V.-C., 18 Feb. 1878, 8 C. D. 183. Buckley, 186.

The above order was made after the order for transfer [Form 493, supra] had been made. The creditor was thus dealt with because he had been unfairly delayed by the company. See similar orders, Hill Pottery Co., 1 Eq. 649; Plas Yn-Mhowys Co., 4 Eq. 689; and see Re Richards, 11 C. D. 676.

FF

Form 502. Liberty to

proceed with arbitration.

Upon the application of S., &c., Order that notwithstanding the order of 13 January, 1877, to continue the voluntary winding up of the said co. under the supervision of the court, the said S. be at liberty to proceed with the arbitration in the action of, &c., mentioned in the affidavit of H. filed, &c., but no execution under any award that may be made in said arbitration is to be issued without the consent of the court in these matters being first obtained, And Let the costs of the said S. of this application and of the application to dissolve the interim order of the 12th January, 1877, be costs to be dealt with in the said arbitration. Joint Stock Coal Co. Ld., M. R., 16 January, 1877. 46 A.

Form 503.

Liberty to distrain.

Upon the application of L. of, and upon hearing the respective solicitors for the applicant, the joint off. liqs., the debenture-holders, and Messrs. Bower, the vendors to the co., and upon reading, &c., Let applicant be at liberty to distrain upon the goods and chattels of the co. for the sum of 43271. 5s. 10d., being the net arrears of rent due to the applicant, accrued since the 11th of May, 1878, the date of the order for winding up the said co. after deducting income tax, in respect of the following property, leases, and agreements and in the following sums (that is to say) :—

Bower Allerton Collieries Limd., M. R., 30 July, 1878. A. 1597.

Where a company retains for the convenience of the winding up leasehold property, the landlord will be given liberty to distrain for rent accrued after the winding-up order, see Forms 503, et seq.; or, what amounts to the same thing, the liquidator will be ordered to pay the rent out of the assets, see Form 447. In re North Yorkshire Iron Co., 7 C. D. 661; Buckley, 189. See also In re Bridgewater Co., 12 C. D. 181.

Form 504.

Another.

Upon the application of A. of

and upon hearing the solicitor for the applicant and for S. the liq., and for W. & F., the mortgagees of the said co., and on reading the order dated the 9th of Feb. 1877, for winding up the said co., an affidavit, &c., Let the applicant be at liberty within 14 days from the date of this order to distrain upon the stock, goods, chattels, and effects of the said co. for the sum of 5001., such sum being an apportioned amount of 6 months' rent between 5 Jan. 1877, the date when the winding up of the co. commenced, and the 13th May,

1877, of the T. Colliery and other hereditaments situate, &c., due on the Form 504. 13th May, 1877, from the said co. to the applicant under and by virtue of the indenture of lease of the said colliery and other hereditaments dated, &c., this order to be without prejudice to any question of apportionment between the dates aforesaid of the rent or rents reserved by the said lease or to any other question which may hereafter be raised : And Let the sum of 117. 13s. Od., the ascertained costs of the said A. of and incident to this application, be paid by the said co. to the applicant. Original Hartlepool Colliery Co., 25 July, 1877. B. 1486.

For order on application of off. liq. for liberty to sell leaseholds and chattels, and on application of landlord for liberty to distrain, and off. liq. undertaking to pay him 5007. on account, applications to stand over till second Saturday in M. sittings, and meantime off, liq. to be at liberty to sell, but not for less than amount due to landlord value to be set on chattels before sale. North Yorkshire Co., M. R., 21 June, 1877. 1502 B.

Upon the application of H. of, Let applicant be at liberty, Form 505. notwithstanding the said order dated 18 May, 1878, to proceed with the Another. distress put in by him upon the premises in the occupation of the said co., and to sell the goods and chattels upon the said premises for the purpose of realising the sum of 1026l. 6s. 3d., due to him for rent and royalties as of the said colliery, And Let the aforesaid liqs. out of the assets of the said co. pay to the applicant the sum of 45l. 4s. 7d. for his costs of and incident to such distress and of this application as between solicitor and client. Ivy House & Northwood Colliery Co., M. R., 10 July, 1878. A. 1494.

Discovery and Inspection of Documents.

Formal parts: see supra, Form 315.

documents

On the part of the official liquidator [or of A. B., a creditor, or of C. Form 506. D., a contributory] of the above-named company that A. B., who claims Summons for to be a creditor [or C. D., a contributory, or the official liquidator] of affidavit of the said company may be ordered within (seven) days after service, to and inspec make and file a full and sufficient affidavit stating whether he has or has tion. had in his possession or power any, and if any, what, documents relating to the matters in question in the summons in these matters dated, &c., and accounting for the same; And that the said A. B. [or as the case may be] may be ordered at all reasonable times, upon reasonable notice, to produce at the office of Mr., his solicitor, situate at, &c., the documents which by such affidavit shall appear to be in his possession or power, except such of the same (if any) as he may by such affidavit object to produce; and that the applicant, his solicitors and agents, may be at liberty to inspect and peruse the documents so produced, and

Form 506. to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense; and that the said documents may be produced upon any examination of witnesses in these matters and at the hearing of the said summons as the applicant shall require; And that the applicant may be at liberty to make such further application as to all or any of the documents mentioned in such affidavit as he may be advised.

Where proceedings are pending in the winding up between the official liquidator and any alleged contributory or debtor or any claimant, discovery and inspection of documents is usually ordered on the application of either party. To obtain discovery and inspection a summons should be taken out as above. See further as to the practice: Seton, 147; Morgan, 519; Daniel Pr. 1674, et seq.; Daniel, Forms, p. 919, et seq.; Buckley, 216, 280. See also 15 & 16 Vict. c. 86, ss. 18, 20, and Order XXXI., Rules 11 and 14 of Rules of Supreme Court, 1875. An affidavit in support of the summons is not generally requisite. The order follows the terms of the summons. See Seton, 133 and infra.

For affidavit as to documents, see Form 9, in Appendix B. to Rules of Supreme Court.

Form 507.

Order for affidavit and inspection.

Upon the application of A., B., and C., respectively, contributories of the above-named co., and upon hearing the solicitors for the applicants and for the off. liq. of co., Order that S., the off. liq. of said co., do within 7 days after service of this order make and file a full and sufficient affidavit stating whether he has or has had in his possession or power any and if any what documents relating to the matters in question in these matters, so far as regards the summons dated 4 June, 1878, and the relief thereby sought against the applicants and accounting for the same; And [production, inspection, &c.]. Blaen Caelan Co., M. R., 15 July, 1878. A. 1504.

The following are other examples: "relating to the matters in question in the summons issued by the said liq. against the said A. and others on the and returnable on the of 1880," and "relating to the two pending summonses issued by the said off, liq. and another against the directors of the co. dated respectively, &c."

Form 508.

Another.

Upon the application of the off. liq., &c., and upon hearing the solicitors for the applicant and for M. hereinafter named, Order that M., an alleged contributory of the said co., do within 7 days after service of this order make and file a full and sufficient affidavit stating whether he has or has had in his custody or power any and (if any) what documents relating to the matters in question in this matter and his liability to be placed on the list of contributories and accounting for the same, And [usual order for production and inspection and also for production] upon any examination of witnesses in these matters and at the hearing of the application to place the said M. on the list of contributories of the said co. as the applicant shall require, &c. British Fire Office, M. R., 2 Aug. 1878. A. 1864.