Form 529. held by them respively, And that the sd several persons do also pay to the sd S. at the same time and place interest at the rate of 57. p. c. p. a. on the respive amounts specified in the sd 7th column of the sd schedule from the time when each of such calls became due as mentd in the 6th column of the sd schedule until paymt, and that the sd several persons do also pay to the sd S. at the same time and place the costs of this applicon mentd in the 8th column of the sd schedule.

Commercial Clothing Co., Malins, V.-C., 3 Dec., 1877, A. 2123.

Creditors.

Advertisements.

As to the publication of advertisements, see Rules 7 and 20. Directions in regard thereto are usually given, and the form of notice settled by the chief clerk upon the appointment of the official liquidator, or upon a summons for directions taken out by him. Six weeks is the time generally limited for creditors to send in their claims. For form of notice, see No. 16 in the Schedule to the Rules. The original form, signed by the chief clerk, must be sent to the London Gazette office for insertion.

List of claims and affidavit.

The official liquidator is to make out a list of the debts and claims, and leave it at the chambers of the judge. See Rule 22 and Form No. 18 in Schedule to Rules. And before the time appointed for adjudication, he is to file an affidavit as in Form 17 in Schedule to Rules.

Debts and claims provable.

As to what debts and claims can be proved, see s. 158 of the Act of 1862, and the decisions cited in Buckley, 302, et seq.

By s. 10 of the Judicature Act, 1875, it is provided (inter alia) that in the winding up of any company whose assets may prove to be insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules are to prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in

force for the time being under the law of bankruptcy with respect to the estates Form 529 of persons adjudged bankrupt; and that all persons who in any such case would be entitled to prove for and receive dividends out of the assets of any such company, may come in under the winding up of such company, and make such claims against the same as they might respectively be entitled to by virtue of the Act. This section is not retrospective: it only applies where the winding up commenced after Nov. 1, 1875. Suche & Co., 1 C. D. 48.

As to its construction, see Withernsea Co., 16 C. Div. 337; Kit Hill Tunnel, 16 C. Div. 590; Mersey Steel Co. v. Naylor, 9 Q. B. Div. 648, which case shows that it introduces the bankruptcy mutual credit clause. See also Milan Tramways, 22 C. D. 122; W. N. 1884, 12; Williams v. Hopkins, 18 C. Div. 370; Re Maggi, 20 C. D. 545. As to the priority accorded to wages of clerks, servants and labourers, see the Companies Act, 1883 (46 & 47 Vic. c. 28).

As to interest on debts.

In the case of an insolvent company which is being wound up by or under the supervision of the Court, creditors whose debts carry interest are entitled to dividends only upon what was due for principal and interest at the commencement of the winding up, and it is only in the event of there being a surplus that they are entitled to subsequent interest. Warrant Finance Company's case, 4 Ch. Ap. 643.

Allowance.

In many cases debts and claims are allowed upon the official liquidator's affidavit (filed pursuant to Rule 22) that, in his opinion, they are justly due and proper to be allowed without further evidence. In case of any such allowance, notice thereof is to be given to the creditor. Rule 23 and Form No. 19 in Schedule to Rules.

Proof of debts.

Rule 24 provides that "the official liquidator shall give notice to the creditors whose debts or claims have not been allowed upon his affidavit, that they are required to come in and prove the same by a day to be therein named, being not less than four days after such notice, and to attend at a time to be therein named, being the time appointed by the advertisement, or by adjournment (as the case may be) for adjudicating upon such debts and claims." For form of notice, see No. 20 in Schedule to Rules. Such creditors as come in and prove their debts or claims pursuant to notice from the official liquidator, are to be allowed their costs of proof, in the same manner as in the case of debts proved in a cause (Rule 27), i.e., the costs of proof will be added to the debt. Lombard Bank, 45 L. T. 346; 50 L. J. Ch. 749; Buckley, 575.

A creditor to whom notice to come in and prove has been given will before the day mentioned in the notice file his affidavit and give notice thereof to the official liquidator. For forms of affidavits, see Form 21 in Schedule to Rules, and Forms 530, et seq. infra. As to extending time to file evidence, see Form 540, infra. Re Marseilles Extension Co., 26 S. J. 296.

As to discovery, see infra, p. 498.

As to cross-examining on affidavits, see infra, Form 620, et seq.

As to obtaining the evidence of witnesses, see infra, after Form 626.

day of

Form 530.

the date of the

1. The above-named co was on the winding-up order herein, and still is justly and truly indebted to me in Affidavit to the sum of 1. for principal money due on a bill of exchange dated due on bill of exchange.

prove debt

Form 530. the

day of

188-, drawn by me upon, and accepted by the sd co for the paymt of 1007. to me months after the date thereof, together with interest for the sd sum at the rate of 57. p. c. p. a. from the -, 188, and which sd bill of exchange is now produced and shown to me, and is marked A. The conson for the sd bill was, &c.

2. And I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, say that I have not nor hath nor have any other person or persons, by my order, or for my use, received the sd sum of 7., or any pt thereof, or any security or satisfon for the same or any pt thereof, except the sd bill of exchange.

Form 531. I, A., of, in the city of London, carrying on business there in Affidavit by partnership with B. & C. under the style or firm of A., B. & Son, make partner proving oath and say as follows :—

debt due to

firm.

Form 532. Affidavit of secretary of a

ing debt due

day of

1. The above-named co was, at the date of the winding-up order made in these matters, and still is justly and truly indebted to me and to the sd B. & C. in the sum of -7. for principal money due to my sd firm as the indorsees of a bill of exchange dated the drawn by upon, and accepted by the sd co for the sum of 5007. payable to the order of K. six months after the date thereof, and for interest thereon at the rate of 5 p. c. p. a. from the

when the sd bill became due.

day of The conson for the sd bill was, &c. 2. The sd bill of exchange is now produced and shown to me and marked X.

3. I have not nor hath my sd firm, nor hath nor have any person or persons, &c.

1. I am the secretary of The B. Co, Limtd, of authorised to make this proof of debt by the sd co.

afsd, and

2. The N. Co above-named was, at the date of the winding-up order, company prov herein, and is still indebted to the B. Co in the principal sum of —l., upon and by virtue of the several bills of exchange mentd and set forth in the schedule hto.

his company.

3. The conson for the sd bills of exchange in the hands of the B. Co was money to the full amount thereof less discount thereon advanced and pd by the B. Co to the holder or holders thereof.

4. It is within my knowledge as such secretary as afsd that such debt was incurred as and for the conson above stated, and the same to the best of my knowledge and belief still remains unpaid and unsatisfied.

5. The sd B. Co hath not nor have I nor hath nor have any other person on its behalf or by its order, or to my knowledge or belief for its use, had or received any security or satisfon whatever for the sd sum of -7. or any pt thereof, save and except the sd several bills of exchange specified in the schedule hto; but the whole of the sd sum of ——l., together with interest on the respive amounts of the sd several bills of exchange from the days on which they respively became due, still

remains justly due and owing to the sd B. Co from the sd N. Co, upon Form 532. and by virtue of the sd several bills of exchange hinbefore mentd.

As to companies authorised to sue by public officer, see Ex parte Torkington, 9 Ch. 298; Ex parte Lowenthal, 9 Ch. 324.

I, J. C., of

accountant, the off. liq. of the M. Co, Limtd, make Form 533.

oath and say as follows: Affidavit by 1. By an order of the M. R., dated, &c., the M. Co was ordered to be official liquiwound up under the provisions of The Cos Acts 1862 and 1867.

2. By an order dated, &c., I was appointed off. liq. of the sd M. Co. 3. It appears from the books and papers of the sd M. Co which came to my hands as off. liq. thereof that the sd C. Co was, at the date of the winding-up order herein and still is justly and truly indebted to the M. Co in the sum of -l., for, &c.

4. The M. Co. hath not, &c.

1. By a debenture dated the

to pay me on the

day of

dator proving debt due to his company.

day of, and under the common seal Form 534. of the above-named co the sd co for the conson therein expressed promised Affidavit to the sum of 1007., And the sd co prove debt due on debenture. thereby promised to pay me interest on the sd sum in the meantime at the rate of 107. p. c. p. a. by equal half-yearly paymts on the

of- and day of

day

in each year. The sd debenture is now

produced and shown to me, and is marked A.

2. The sd co was, at the date of the winding-up order made herein, and still is justly and truly indebted to me in the sum of 1007., with interest thereon at the rate of 10 p. c. p. a. from the

upon and by virtue of the sd debenture.

3. And I, speaking positively, &c.

day of

1. The above-named co was, at the date of the order for winding up Form 535. the same, and still is justly and truly indebted to me in the sum of

Affidavit

for work done and professional services rendered to the sd co at its proving debt request, the parlars whereof are set forth in the paper writing now produced and shown to me marked with the letter A.

due to accountant.

Form 535.

Form 536.

Affidavit proving debt due to director for fees.

Form 537. Affidavit proving debt due to solicitor.

Form 538.

Affidavit proving debt for goods sold and delivered.

Form 539.

Affidavit to prove mortgage debt. Valuation of security.

2. The charges in the sd paper writing are fair and reasonable and such as are usual and customary in the profession of an accountant: as I know from having practised such profession for years last past. 3. And I, speaking, &c.

1. The sd co was, at the date of the winding-up order herein, and still is justly and truly indebted to me in the sum of 1947. 7s. 4d., being the remuneration payable to me under and by virtue of the articles of association of the sd co for services rendered by me as a director of the sd co between the and the of

of

2. And I, speaking, &c.

1. The above-named co was, at the date of the order for winding up the same, and still is justly and truly indebted to me and to my partner H. in the sum of 1057. for law charges and paymts made on behalf of the sd co in the matter of the conveyance and mtge of certain land at

and for professional advice and work done for the sd co as appears by the account now produced and shown to me marked with the letter N. 2. The charges in the sd account are reasonable and such as are usual between solors and clients, as I know, &c.

3. I have not nor, &c.

The practice is for the Chief Clerk to sign a request to the taxing master to tax the solicitor's bill. After the bill is taxed the parties come again before the Chief Clerk and the claim is supported by the taxing master's original certificate, which is not filed.

1. The above-named co, &c., for goods sold and delivered by me to the sd co at their request.

2. The full parlars, &c.

3. The prices charged in the sd paper writing marked A. are fair and reasonable and such as are usual and customary in the trade or business of an [iron merchant], as I know from having carried on the sd trade or business for years last past.

4. And I, speaking, &c.

1. By an indenture dated, &c., now produced and shown to me and marked A. and made between the above-named co of the one pt and myself of the other pt, the sd co granted certain freehold hereds, situate, &c., unto and to the use of me, my heirs and assigns: subject to a proviso therein contd for the redemption of the sd premes upon paymt by the sd co unto me of the sum of 10007. with interest for the same at the rate of 57. p. c. p. a. on the --: And by the sd indenture the sd co covenanted to pay me the sd principal sum of 10007. and interest on the sd and, in case the sd principal sum

day of

day of

should not be pd on that day, then to pay me interest on the same sum after the rate afsd by equal half-yearly paymts on the

of

and

4. I estimate the value of my sd security at the sum of 6007., and I