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contribs of the sd co in respect of 3520 shares therein upon which Form 514. nothing has been pd, be discharged, And declare that the sd A. held and holds the sd shares as fully pd-up, and order (he so desiring) that his name be not placed on the list of contribs of the sd co in respect of the sd shares or any of them, And order that the liq of sd co do pay to the sd A. his costs of and occasioned by the sd order, including his costs of this applicon, such costs to be taxed by the taxing master. Wedgrood Coal, &c., Co., Anderson's case, Ct of Appeal, 14 Nov. 1877, B. 2021. See also report in 7 C. Div. 75.

vary certificate.

Upon the applicon of the off. liq., &c., that so much of the chief Form 515. clerk's certificate dated, &c., as certifies that H., N., and 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 contribs might be varied by striking out the sd 2nd schedule, and placing the names of the sd several persons therein named in the 1st schedule to the sd certificate, and that such consequential alterations and corrections as might be necessary might be made in the sd certificate, and upon hearing the solor for the applicant and for the respondents H., N., and J., and upon reading the sd chief clerk's certificate, Let the sd applicon be dismissed. London and Provincial, &c., Co., 11 April, 1877. B. 618.

Upon the applicon of S., &c., Let the sd chief clerk's certificate be Form 516. varied by excluding the name of the applicant as a contrib of the sd co, Order varying And let the name of the sd S. be removed from the list of contribs certificate. of the sd co, no order as to costs of applicon, except that the costs of the sd off. liq. be pd out of the assets of the sd co as and when the judge shall direct. National Funds Assurance Co., M. R., 25 June, 1877. B. 1169.

Upon the applicon of the L. F. Association, contribs of the above- Form 517. named co, and hearing the solors for the applicants and for the off. liq. Order giving of the sd co, Let the applicants have further time to file their evidence time to file in answer to the affts of the off. liq. of the sd co, and D. respively 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.

evidence.

Upon the applicon of S. the off. liq. of co, and upon hearing the Form 518. solors for the applicants, &c., Let the time within which the applicant is Another. 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 libty to file affts in answer be extended to the 28th day of Nov., 1876, and let the time within which the applicant is to be at libty to file affts in reply be extended to the 4th of Dec., 1876. Wedgwood Coal, &c., Co., Malins, V.-C., 26 Oct., 1876. B. 1617.

Form 519. Another.

Form 520.

Liberty to employ detective.

Form 521.

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 contribs in reply to the evidence filed by the sd liq. London and Provincial, &c., Co., 18 Ap. 1877. B. 825.

Upon the applicon of the off. liq. of co, and upon hearing the solor for the applicant, and upon reading an afft of the sd off. liq., filed, &c., Let the sd off. liq. be at libty to pay out of the assets of the sd co to E. P. or to such person or persons as may give information enabling him to recover calls from the contribs of the sd co who have not yet satisfied their liability, a commission of 15 p. c. upon all sums not exceeding 4001, and a commission of 10 p. c. upon all sums exceeding 4007, which may be recovered in consequence thereof, And let such paymts be allowed to the sd off. liq. on passing his accounts. Estates Investment Co., M. R., 12 Jan, 1878. A. 56.

Upon the applicon of L., the off. liq., &c., Let the applicant be at libty to employ W. P. to find out the whereabouts of the contribs mentd. in the schedule hto, And let the sd P. be allowed a commission of 20 p. c. on all amounts up to 1007. recovered from the sd contribs, and 15 p. c. between 1007. and 5007., and 10 p. c. on all amounts recovered beyond 5001. 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.

Form 522.

Call to full amount.

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 applicon of the off. liq., &c., Order that a call to the amount of the full amount remaining unpaid be made on all the contribs of the sd co whose names are set out in the schedule to the sd chief clerk's certificate in respect of the shares held by them in the sd co. And

[order for paymt into Bank]. Sovereign & Belgian Stores Coal Co., Form 522. 15 July, 1877. B. 1489.

Upon the applicon of the off. liq., &c., It is ordered that the several Form 523. persons named in the first column of the schedule to this order being Order for payrespively contribs of the sd syndicate do within four days after service of ment of calls where company this order upon them respively pay to the off. liq. of the sd syndi- unregistered. cate at his office, No. in the City of London, the several sums of money set opposite to their respive names in the fourth column of the sd schedule, being the amounts due from the sd several persons respively in respect of the calls of 50 p. c. 50 p.c. and 90 p. c. on the amounts respively originally subscribed by each contriby made by the orders dated respively the 1st 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.

For order to pay calls made before winding up, see infra, Form 529.

ceedings in bankruptcy.

Upon the applicon of W. the off. liq., &c., and upon hearing the solor Form 524. for the applicant, and reading the chief clerk's certificate, &c., Order Liberty to that the sd off. liq. be at libty to take proceedings in bankruptcy against take proS. C. & W. respively contribs of the sd co to recover the amounts due from them in respect of the call of 57. 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 494.

A balance order would appear to be a "final judgment" within the meaning Administraof paragraph (g) of s. 4 of the Bankruptcy Act, 1883. Consider Re Chinery, 28 tion proceedS. J. 327. See Re Hodges, 8 Ch. 204, as to proceedings by going company in ings. bankruptcy.

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 may sue thus: "A. B. official liquidator of the co. limited (on behalf of the said company, and all other the creditors of C. D. deceased)." See Turquand v. Kirby, 4 Eq. 123; and he might see Re Hodges, 8 Ch. 204.

contributories.

Upon the applicon of T. W. the off. liq., &c., and upon hearing the Form 525. solors for the applicant and for J. B. a contriby of the sd co appearing Liberty to pay in person, and upon reading, &c., and it appearing that the only con- dividend to tribs of the sd co holding fully pd-up shares are those mentd in the second column of the schedule hto, Let the sd off. liq. be at libty, out of the assets of the sd co to pay the several sums mentd in the 8th column of such schedule to the sd persons mentd in the 2nd column thereof being a return of 11s. 6d. per share to such persons as contribs of the sd co after deducting the several sums due from them to the sd co mentd in the 7th column of the same schedule.

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Form 526.

Another.

Form 527.

Division in specie.

Hollybush Colliery, &c., Co, 10 May, 1877, A. 1018.

The surplus assets, if any, will be divided among the contributories according to their rights and interests. [See supra, p. 166.] An order for liberty to pay a dividend will be made on the application of the official liquidator. There should be an affidavit showing the position of affairs.

Upon the applicon of W. the off. liq., &c., Let the applicant as such off. liq. out of the assets of the sd co pay to the several contribs of the sd co who have pd all the calls made on them respively and being the several persons whose names are mentd in the second column of the exhibit to the afsd afft of the sd applicant filed, &c., the several sums set opposite to their respive names in the 5th column of the sd exhibit, being the amount of a return of 17. per share to which the sd several persons as contribs of the sd co are entled. London & Hamburg Bank Limtd., M. R., 30 July, 1878, B. 1445.

Upon the applicon of S. & F., liqs of the co (which is in voluntary liquidon), &c., Let the applicants be at libty, subject to the paymt of the costs of all parties of and relating to this applicon and the paymt of the remuneration of the sd applicants as such liqs, to divide the cash balance of 1701. remaining in their hands, and a sum of about 1007. due to them from the V. Co, and to divide and cause to be transferred the 32,813 fully pd-up shares of 21. each in the V. Co, which cash sum and shares are the only remaining assets of the St. J. C. Co among the preference shareholders of the sd co in proportion to the number of preference shares held by them: Tax costs of all parties of and relating to applicon, liqs to retain and pay same out of co's assets. Saint Josephberg Copper Co., M. R., 10 May, 1879, B. 968.

In the above case, the articles of the company did not contain any power divide in specie, as at p. 166, supra; and accordingly the order is valuable as showing that in a proper case the Court will authorise such a division.

to

Formal parts: see supra, Form 381.

Form 528.

enforce pay

On the pt of the off. liq. of the above-named co that the several Summons to persons named in the second column of the schedule hereunder written, ment of calls being respively contribs of the above-named co, may be ordered, within made before winding up. 4 days after service of the order to be made hereon, to pay to A., the off. liq. of the sd co, at his office, No. Street, in the city of London, the several sums of money set opposite to their respive names in the 6th column of the sd schedule, such sums being respively the amounts due from the sd several persons respively in respect of calls made by the sd co prior to the order to wind up the same.

The summons will be addressed: "To the several persons respectively named in the second column of the schedule hereinunder written," and the schedule will be as follows:

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Proceedings against contributories are frequently taken under s. 101.

The summons should be served on the contributories against whom the order is sought, and an affidavit of service should be made. Form 27 in Schedule to Rules can easily be altered for this purpose.

Sometimes the application applies to calls made before the winding up, and also to calls made by the liquidator.

Generally the application is made against several persons, but, if necessary, it can be made against an individual.

A contributory in a limited company, cannot set off against money due from him to the company a debt due to him from the company. Grissell's case, 1 Ch. 528; West of England Bank, 12 C. D. 823: Gill's case, 12 C. D. 755. But see Campbell's case, 4 C. D. 470, and Mersey Co. v. Naylor, 9 Q. B. Div. 648.

before winding

up.

Upon the applicon of S., the off. liq., &c., Order that the several Form 529. persons named in the 2nd column of the schedule hto, being respively Order to pay contribs of the sd co, do on or before 9 January, 1878, or subsequently calls made within 4 days after service of this order, pay to the sd S., as such off. liq., at his office, No. Cheapside, in the city of London, the several sums of money set opposite to their respive names in the 7th column of the sd schedule, such sums being the amounts due from the sd several persons respively in respect of arrears of calls on the shares in the sd co

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