the margin thereof, and costs of applicon to be costs in action. Barry Form 368. V. Sao Pedro, &c., Co., 10 Oct., 1877, A. 1770. to carry on Upon the applicon of the plt and M. the liq. of the co, receiver and Form 369. manager [in the action]. Let C. of in the Empire of Russia be Liberty to apappointed attorney and agent of the sd M. as such receiver, manager, and point attorney liq., as afsd, as from 30 June, 1879, to manage the business now carried business in on by the co in Russia, and to superintend and direct all matters relating Russia, &c. to the ppty and assets of the co situate there, and to negotiate for and effect the sale of the works upon the following terms, &c.; and let M. as such, &c., and the defts B. and L. as trustees of the deed, &c., execute a power of attorney to the sd C. for the pposes afsd, which power of attorney has been settled and approved by the judge as a proper power of atttorney, as appears by the memorandum signed, &c. Bell [on behalf, &c.] v. Russia Copper Co., M. R., 24 Mar., 1879, A. 1445; and subsequent order, 5 Nov., 1879, A. 2180. Upon motion, &c. Let the receivers and managers continued in the Form 370. consolidated action be at libty to send such telegram as in the 13th Liberty to paragraph of the sd affidavit of H. mentd, with the variation, &c.: and send telegram. costs of all parties of this applicon to be costs in the consolidated action. Barry v. Sao Pedro Co., M. R., 15 Mar., 1877, A. 508. lease. Upon the applicon of T., &c. Order that, without prejudice to any Form 371. rights which the parties may have against each other, S. and W., the Liberty to receivers, do surrender to the applicant T. the indre of lease, dated, &c., surrender and that the sd receivers do deliver up possession to the applicant T. of premes comprised in the sd lease, and of the cottage situate at, afsd, held by the sd co as yearly tenants to the applicant, and costs of plts, defts, and receivers of this applicon to be costs in this action. Dawson [on behalf, &c.] v. Owen, 7 Feb., 1878, A. 602. holders to be Upon the applicon of the defts, &c. Let the defts O. J. S., and the Form 372. deft co be at liberty to convene a meeting of the debenture holders of Meeting of the deft co to be held on Thursday the 8th Feb. next, at the Hotel, debenture at 2 o'clock in the afternoon, for the ppose of ascertaining their wishes convened. with regard to the sale, or otherwise, of the ppty of the sd co, and let the costs of this applicon and incident thereto be costs in the action. Dawson v. Owen, 22 Jan., 1877, A. 83. For order on application to confirm conditional agreement for sale of assets directing the application to stand over, meeting of the debenture holders to be convened and result stated, see Vickerman v. Bonvilles Co., Hall, V.-C., 2 Aug. 1878, B. 1602. For order at trial of action, whereby after reciting, inter alia, that meeting of debenture holders had been held, and approved the scheme of compromise as follows, &c., it was ordered that the compromise should be carried into effect, and that all proceedings in the action, except such as should be necessary for Form 372. enforcing the order and carrying out the compromise, should be stayed, see Hooper v. New Town Manure Co., 13 Ap., 1878, A. 806. Form 373. See also" Arrangements," infra. The following are examples convening meetings : IN THE HIGH CT OF JUSTICE:-CHANCERY DIVISION. VICKERMAN Advertisement V. THE BONVILLES, &c., Co, LIMTD, and others, and in the matter of the Cos Acts, 1862 and 1867, and in the matter of THE BONVILLEs, &c., Co, LIMTD. convening meeting of debenture holders. Form 374. Another. Notice is hby given that pursuant to an order of this honourable Ct, made the 2nd day of August, 1878, a MEETING of the DEBENTURE HOLDERS of the above co will be held at the Inns of Court Hotel, Holborn, London, on Thursday the 19th day of Sept. instant, at one o'clock in the afternoon, for the ppose of considering, and (if approved) to sanction the acceptance of a conditional agreemt, dated the 11th of July last, for the pchase of the works and ppty of the co comprised in the parlars of sale dated the 17th of May last, when the works were offered for sale by auction, and subject to the conditions attached to the parlars of sale. Dated the 10th Sept., 1876. In the High Ct, &c. H. B., Receiver, Manager, and Liq. All persons holding debentures of the Industrial Coal & Iron Co, Limtd, either of class A or class B, are hby specially invited to attend a MEETING convened by the trustees for the DEBENTURE HOLDERS, with the sanction of his lordship the V.-C. Sir R. M., in the above action, dated the 22nd of Jan. instant, to be held at the Cannon Street Hotel, Cannon Street, in the city of London, on Thursday, the 8th of Feb., 1877, at 2 o'clock in the afternoon, precise time, in order to consider and decide upon the scheme and plan to be submitted to the Judge for dealing with realisation and disposal of the co's ppty, as directed by the decree in the above action. Form 375. Consolidation order. IN THE HIGH CT OF JUSTICE-CHANCERY DIVISION. Mr. Justice F. In the matter of the Companies Acts 1862 & 1867, and in the matter of THE CANADIAN OIL WORKS CORPORATION, LIMTD, Taylor v. The Canadian Oil Works Corporation, Limtd. Notice is hby given that the Honourable Mr. Justice Fry has directed a MEETING of the CREDITORS and DEBENTURE HOLDERS in the above named co, who have proved their debts in the winding up thereof or their debentures in the above mentd suit, to be summoned pursuant to the above statute for the ppose of ascertaining their wishes as to certain matters relating to the winding up of the sd co, and that such meeting will be held on Tuesday the 17th January, 1882, at three o'clock in the afternoon precisely, at the London Tavern, No. 54, Fenchurch Street, in the City of London, at which time Form 375. and place all the above mentd creditors and debenture holders of the sd co are requested to attend. The sd judge has appointed Mr. Samuel Lowell Price, of No. 44, Gresham Street, in the City of London, chartered accountant, off. liq. of the sd co, to act as chairman of such meeting. Dated this 23rd of December, 1881. Off. Liq. Solors for the Off. Liq. In pursuance, &c., I hby certify that the result of the account and Form 376. inquiry which has been taken and made in psuance of the judgmt Certificate of herein, dated 4 March, 1881, is as follows: The plts and defts have attended me by their respective solors. 1. In the 3rd column of the schedule hto are set forth the parlars of the principal and interest monies respively secured by and due under or in respect of the debentures of 1007. each, issued by the deft co in the sd judgmt mentd. 2. The present bearers of sd debentures are the several persons or firms whose names and descriptions are set forth in the 2nd column of schedule. The evidence produced consists of the several affts of, &c., and the sd several debentures. amount due to debenture holders. Upon the applicon of the receiver in this action, and liq in the Form 377. winding up, and, &c. Order that the applicant be at libty to pay to Dividend to each holder of debentures whose name is stated in the 2nd column of debenture holders. the 1st pt of the schedule to the chief clerk's certificate a dividend of 57. in respect of each 1007. debenture held by him, out of the monies in his hands as such receiver and liq. Limbert [on behalf, &c.] v. Mineral Hill, &c., Co., 27 Mar., 1877, B. 668. Upon the peton of L. of the above-named plt, on the 17 Dec., Form 378. 1878, preferred unto this Ct, and upon, &c. Order that notwithstand- Distribution ing the sd order of the 6 August, 1878, the sd H. be at libty to apply of cash. Form 378. the sum of 45571. 14s. 9d. now on deposit in the Royal Bank of Scotland, and any interest which may have accrued thereon, in the manner provided by the resolutions passed at a meeting of the debenture-holders of the sd co on the 2nd of October, 1878, in the peton mentd: And let all further proceedings in this action be stayed: And let the receiver be discharged. L'Amy [on behalf, &c.] v. Imperial Chemical Co., 20 Dec., 1878, B. 2205. Form 379. Dividend to debenture holders. Form 380. Order to pay Upon the applicon of the plt, and upon hearing the solors for the applicant, and for E., the pchaser of the ppty of the co sold in this suit and upon reading, &c. Let, out of the sum of 5672l. 178. 6d., cash in Ct to the credit of this cause, &c., the several sums mentd in the 3rd column of the schedule, making together 26057. 10s. Gd., be pd to the several persons whose names are set opposite the same in the 1st column thereof. Schedule showing payees, nature of paymt, and sums. Milligan [on behalf] v. Hellin Sulphur Co., M. R., 8 May, 1877, B. 1272. Further conson. Order that subsequent interest be computed on the several principal sums in the 3rd column of schedule to chief clerk's off debentures. certificate mentd to be secured by and due under the debentures in same schedule mentd at the rate of 6 p. c. p. a. from 13 April, 1881, the date of sd certificate, to the day of paymt to be ascertained by afft. Order that the amounts of such subsequent interest, and the total amounts due to the several bearers of debentures in sd schedule mentd for principal and interest in respect of such debentures, be verified by afft. Order that out of the 45007. cash in Ct to the credit of, &c., the several amounts which shall by such afft appear to be due to the several bearers of debentures named in the 2nd column of schedule to sd certificate for principal and interest be pd to such bearers of debentures respively. Tax the costs of the plt and defts of this action, including in the costs of plt his costs of and relating to applicon for libty to commence this action. Order that out of the residue of sd cash after paymts afsd such costs be pd as follows, viz., the costs of plt to W. and the costs of deft co to Order that the ultimate residue of sd cash be pd to R., the receiver in the action. Discharge the sd R. Order him to pass final account and retain balance that shall be certified due from him as off. liq. of co, and thereupon vacate recognisance. Libty to apply. Oppenheim [on behalf] v. Wreck Recovery Co. Fry, J., 29 April, 1881, B. 1206. For order on further consideration for the payment of amount due to bearers of debentures, and for delivery up of debentures with receipts, see Barry v. Sao Pedro Co., M. R., 1 Aug., 1878, A. 2787, Ptd. BETWEEN fifty and sixty useful forms relating to winding-up are given in the Schedule to the General Order of 11 Nov. 1862; but in the winding-up of a company numerous other forms are frequently required, and accordingly the following collection of orders, summonses, affidavits, and other forms is submitted by way of supplement. FORMS. In this division of the work the rules contained in the General Order of 11 Nov. 1862 have been referred to thus-" Rule 5;" and the forms given in the schedule to such order have been referred to thus-" Form 6 in schedule to Rules." The Rules of the Supreme Court, 1883, are referred to as the "Rules of 1883," or thus, "Order the r. In the High Ct of Justice. Chancery Division. Mr. Justice Common Forms. In the matter of the Cos Acts, 1862 and 1867. Let all parties concerned attend the Judge in chambers on day -noon, on the Form 381. Formal parts of ordinary summons. |