stock and effects therein. J. and A. Blyth, Limtd., Hall, V.-C. 30 Mar., Form 567. 1878. A. 631.

Libty to attend.

See rules 60, 61, and 62, of the General Order of Nov., 1862.

attend.

Upon the applicon of B. & S., trading, &c., of, who have been Form 568. admitted as creditors of the above-named co, and upon hearing the Liberty to solors for the applicants and for the liq of sd co, and upon reading creditors to an order dated 1 July, 1874, and an order dated 2 August, 1877, Let the sd B. & S. be at libty at their own expense to attend the proceedings before the judge under the sd order dated 1 July, 1874, and upon the terms and conditions mentd in the 60th Rule of the Order of Court dated 11 Nov., 1862, And order the sd B. & S. to pay to the sd A. the liq one guinea for the costs of this applicon. Norwich Provident Co., Bacon, V.-C., 21 May, 1878. B. 1241.

Although it is not unusual to make an order as above, it would seem that no order is necessary. Rule 60 gives liberty to attend, subject to the provisions of Rule 62, and accordingly some of the Chief Clerks decline to make orders as above. It seems that the examination under s. 115 of the Act of 1862 is not to be considered a proceeding within the meaning of the rule. Grey's Brewery Co., 25 C. D. 400; 32 W. R. 381; 50 L. T. 14.

For order in favour of a person claiming to be a creditor, see Harwich Harbour Co., Hall, V.-C., 6 May, 1878. A. 867.

Upon the applicon of W. of, a contriby, &c., Let the sd W. Form 569. be at libty at his own expense to attend the proceedings before the Liberty to judge in these matters, And Let the sd W. upon paymt of the costs contributory occasioned thereby have notice of all such proceedings as he shall by written request desire to have notice of. Cape Breton Co., Malins. V.-C., 9 Mar., 1878. A. 423.

As to rights of persons entitled to attend, see Brampton Railway Co, 11 Eq. 428, in which case Bacon, V.-C., said, “Having under the rule the right to attend the proceedings, they have, as I read it, equal rights with those which a party to a suit would have, and those rights would include the right to crossexamine."

to attend.

holders.

Upon the applicon of W. L. and B. L. respively, as holders of A Form 570. debentures of the above-named co, &c., Let the applicants be at libty to Liberty to attend all proceedings in the winding up of the sd co relating to the sale debenture and disposition of the assets of the sd co comprised in the indre of 14 Dec., 1875, and all proceedings relating to the paymt or other dealing with the proceeds thereof, And Let the costs of such attendances, including the costs of both the sd applicons, be added to the applicants' securities, and the principal and interest due on their debentures, And Let, notwithstanding the sd order of 17 Ap., 1877, the pchase-money be pd into the Bank of England to the credit of the off. liqs. of sd co to an account to be intituled "The Mtge Trust Account," And let no pt of such

Form 570. money be pd out without notice to the sd W. H. & B. L. Hooper's Telegraph Works, M. R., 14 June, 1877. A. 1171.

Form 571. Appointment of committee

to attend.

Form 572.

For order giving executors of will of creditor liberty to attend proceedings relating to sale of assets, see Central American File Co., Hall, V.-C., 21 May, 1878. A. 1854. As to impropriety of giving debenture holders liberty to attend at company's expense, see Hamilton's Windsor Ironworks, 27 W. R. 827.

Upon the applicon of M. & H., contribs of the above society whose names are comprised in schedule A. in the printed statemt of the off. liq., being the exhibit A to the afft of such off. liq. filed 22 April, 1873, in support of his proposal for a call of 251. per share, that the sd M. or some other contriby named in the sd schedule might be appointed to represent the class of contribs contained in the sd schedule in all further proceedings relating to the winding up of the co at the expense of the estate, and upon hearing the solors for the applicants and for the sd off. liq. and for the Co having libty to attend proceedings, and upon reading the order, &c., Let G. and the applicant M. be appointed to represent before the judge at the expense of the sd society the contribs of the sd society upon any question as to a compromise with any of the contribs or creditors of the sd society or fh or about any other proceedings relating to the winding up of the sd society, And Let the sd G. and M. unite in employing the same solor to represent them as afsd. International Life Assurance Society, Malins, V.-C., 29 Nov., 1873. A. 2983. See Rule 61.

Upon the applicon of T. and H., the liqs of co, and upon hearing the solors for the applicants and for G. and K. the members of the comRemuneration of committee. mittee of supervision in the winding-up of co, Let liqs out of the monies in their hands belonging to co pay 1007. to sd G. and K. respively as a remuneration for their services as members of such committee of supervision from 31 Dec., 1875, to 31 Dec., 1876. Overend & Gurney Co., 18 Ap., 1877. 705 B.

contributories.

Form 573. Upon the applicon of C. and G., &c., Let the sd C., G., and D. be Committee of appointed at the expense of the co to represent the holders of fully pdup shares in the sd co in and about the applicon in the above matters that the off. liq. might be directed to bring in a supplemental list of contribs comprising the holders of fully pd-up shares in the sd co, in order that a call might be made to adjust the rights of contribs among themselves and in, about, or concerning all proceedings and matters incident to the sd applicon and consequent thereon, And costs of applicants of and incident to the applicon to be pd by off. liq. out of assets of co. Copper Miners Co., Malins, V.-C., 15 Mar., 1875. A. 2078.

Form 574. Appointment

of creditors'

Upon the applicon of the exs of L., deceased, &c., Let Mr. H. V. of, &c., solor, be appointed creditors' representative in the above matters for the ppose of attending the taxation of the costs both of the prov. representative and off. liq. in the above matters other than the costs of such off. liq. relating to the conservation and realisation of the ppty of the said co

for limited purpose.

situate in the county of C., And Let the costs, charges, and expenses of Form 574. the sd H. V. of and incident to such taxation and of this applicon be taxed, and when so taxed be pd by the sd off. liq. out of such assets of the sd co (if any) as may be available for that ppose, And Let the costs of the applicants of this applicon be pd by the off. liq. and be included and allowed in his own costs, And let the costs of the off. liq. of this applicon be costs in the winding-up. Cornish Consolidated, &c., Corporation, Malins, V.-C., 11 April, 1878. A. 724.

Formerly a creditors' representative was very commonly appointed, but now such an appointment is rarely made except for some limited purpose. See MacIver's claim, 5 Ch. 424.

Service of Summonses, &c.

Service within the Jurisdiction.

Rules 63 and 64 provide for the service upon creditors and contributories of any notice summons or order by post. See further, Buckley, 586.

As to service of winding-up petition, see supra, Form 388 et seq.

Service out of Jurisdiction.

Upon the applicon of, the liq of co, &c., Order that service of Form 575. any summons, order, notice or other proceeding in these matters, not General order requiring personal service, upon such of the contribs or creditors of the for service out sd co whose usual or last-known place of abode is situate in Ireland, of jurisdiction. Scotland, the Isle of Man, or elsewhere out of the jurisdiction of this Honourable Ct, and on whose behalf no appearance has been entered in psuance of the General Rules and Orders of 11 Nov., 1862, be effected by enclosing a true copy of the summons, order, notice or other proceeding together with a copy of this order in an envelope duly addressed to such persons respively to their several last-known address or place of abode and putting the same with the proper stamps affixed thereto as prepaid letters into a post-office receiving-house in the city of London. Government Security Fire Insurance Co., Limtd., Hall, V.-C., 5 June, 1878. A. 1130.

For similar orders, see Milan Tramways Co., 17 Ap. 1877, B. 834, and Kennoor Fisheries Co., 9 July, 1877. A. 1623.

Rule 63 above mentioned does not make any provision as to service out of the jurisdiction; and Order XI. of the Rules of the Supreme Court, 1883, does not appear to apply. But the Court has inherent jurisdiction to permit service out of the jurisdiction. British Imperial Corporation, 5 C. D. 749; Household Insurance Co., W. N., 1878, 26; In re Morant's Trusts, W. N., 1879, 144. See also Buckley, 493; Seton, 1625. Order XI.

Where there are many creditors and contributories out of the jurisdiction, a general order as above is usually obtained; in other cases orders as below are obtained.

Upon the applicon of

and

the liqs of co under the super- Form 576. vision of this Ct, and upon reading, &c., Let the sd liqs be at libty to Liberty to serve a copy of the summons dated, &c., issued in these matters from serve summons

Form 576. and under the seal of the chambers of the judge at the instance of the out of jurisdic. sd applicants, together with a copy of this order upon W. of Bombay, in the Empire of India, at Bombay or elsewhere in the Empire of India. Overend, Gurney, & Co., Limtd., Malins, V.-C., 22 August, 1878. 1502 B.

tion.

Form 577.

Liberty to

serve out of jurisdiction.

Upon the applicon of the off. liqs., &c., Let the applicants be at libty to serve all summonses, orders, notices, and proceedings in these matters, not requiring personal service, upon the several persons named in the 2nd column of the schedule hto, being respively contribs of the sd co, by sending copies of this order and of such summonses, orders, notices, and proceedings in this matter through the general post-office, addressed to such persons respively at the places set opposite to their respive names in the 3rd.column of the sd schedule, and being respively places in the kingdom of Holland, out of the jurisdiction of this Ct, until the applicants receive proper notice of any change of residence of such contribs, And Let 14 days from the date of such service be the time for the sd persons to appear or do any act referred to in such summonses, &c., respively.

THE SCHEDULE ABOVE REFERRED TO.

Form 578.

Liberty to serve out of jurisdiction.

Form 579.

Thomas W. Booker & Co., Fry, J., 20 Mar., 1879. B. 562.

C. of

D. of

Upon the applicon, &c., Order that the sd off. liq. be at libty to serve the notice to settle the list of contribs of the sd co made out and left by him at the chambers of the sd judge through the post in prepaid letters addressed to A. of B. of and that such service be deemed good service upon the sd A., B., C., and D., And let the sd off. liq. be at libty to serve all other notices and copies of summonses, orders, and other proceedings in this matter not requiring personal service, in manner prescribed by the 63rd rule of the general order of this Ct made the 11th November, 1862, And let such notice or notices, copy summonses, or orders, or other proceeding be considered as duly served at the time at which the same would in due course be delivered through the general post-office, and notwithstanding that the same may be returned, And order that a copy of this order be served on the sd A., B., C., and D., in like manner, and that the costs of this applicon be costs in the winding-up. Onllwyn & Dulais Co., Hall, V.-C., 7 Jan.

1882.

This form has been used in many cases, but it is not well framed.

Upon the applicon of the liqs of co, Let the sd liqs be at libty to serve serve creditors the several persons whose names are set forth in the 2nd column of the

Liberty to

schedule hto who respively claim to be creditors of the sd co, and who Form 579. reside out of the jurisdiction of this Ct, with notices to prove their out of jurisdicrespive claims or the unadmitted pts thereof respively against the sd co, tion with and to file their affts in support thereof, and to give notice thereof to notice to peremptory Messrs. the solors for the liqs of the sd co, on or before 2 May, prove. 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 sd claims respively, by sending such notices together with a copy of this order by post in a prepaid letter addressed to the sd several persons respively, according to their respive addresses as appearing opposite their names respively in the 3rd column of the sd 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 respively.

Oriental Telegram Agency, M. R., 22 June, 1877, 1118 B.

Upon the applicon of the off. liq., &c., Let the applicant be at libty to Form 580. serve by post out of the jurisdiction of this Honourable Ct the several Another. persons mentd in the schedule hto with notice that unless they do respively produce to the applicant or to this Ct the securities on which they claim to be creditors of the sd co, their claims respively will be disallowed, and they will be excluded from all dividends declared or to be declared, and the assets of the co will be forthwith distributed without further notice, And order that a copy of this order be also served in like manner upon the sd claimants named in the schedule with the sd notice.

Name.

SCHEDULE.

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.