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chattels of the

Co in or about the sd co's works. Paragon Co., Form 594.

Chitty, J., 25 May, 1883.

In the above case B. and P. had issued an elegit after the presentation of the petition, and obtained delivery, and threatened to sell.

Upon motion, &c., for H., the petr, &c., Let Messrs. F., P., and F. Form 595. be restrained until the hearing of the sd peton from parting with the Restraining proceeds of the sale of the furniture and effects in the order dated the persons from parting with 15th November, 1876, mentd, except by paying the same into Ct. monies. Bayswater Club, &c., Co., Limtd, Hall, V.-C., at chambers, 24 Nov., 1876. A. 1819.

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Upon motion, &c. [usual undertaking], Let the sd & be Form 596. restrained until the hearing of the sd peton or until further order from Restraining selling the articles, machinery and things in the sd afft referred to, which have been seized under the sd distress. Brynkinalt Collieries, M. R., 4 Ap. 1878. A. 567.

Upon motion, &c., for

and

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distress for rent.

rate.

the liqs of the above-named Form 597. co, and upon reading the peton of T. B., on, &c., preferred unto this Ct, Order restrainand two affts, &c., and [usual undertaking], Let the corporation of the ing distress for Borough of Hanley, their solors and agents, be restrained until after the hearing of the sd peton from proceeding to levy a distress on the goods of the sd co in respect of the rate or sum of -7. in the sd afft of the mentd. Hanley Hotel Co., Limtd, M. R., 23 May, 1876. A.

sd 881.

Upon motion by prov. off. liq. &c., Restrain the South Staffordshire Form 598. Mines Commissioners from selling any goods of the co distrained by Another. them or otherwise proceeding with the distress levied by them on the goods of the co until, &c. Oakham Collieries Co., M. R., 10 July, 1880.

of

On the pt of that the order dated, &c., made in these Form 599. matters on the applicon of whereby it was ordered that the Notice of applicant should be restrained, &c., may be discharged, and that an in- motion to quiry may be made whether the applicant has sustained any, and if any restraining what damages by reason of the sd order, and which the sd pay according to his undertaking in the same order, and that the sd

discharge

ought to order.

may be ordered to pay to the applicant the amount of such damages and the costs of the sd inquiry and of this applicon and consequent thereon.

Application for inquiry as to damages must be made within a reasonable time. Ex parte Hall, 23 C. D. 644.

Transfer of Actions.

Upon motion, &c., by counsel for the above-named co and for the prov. Form 600. liqs. thereof, and upon reading an order dated 1 Feb., 1878, whereby it Order transwas ordered that the sd co should be wound up, and upon reading an ferring actions.

Form 600. afft of T. B. filed 2 Feb., 1878: Let in psuance of Order [now 49, Rule 5], of the Rules of the Supreme Ct, that the following actions, that is to say, (1) Taylor v. The Railway Steel, &c., Co., Limtd, 1877, T. No. 45, commenced in the Q. B. Div. of this Ct: (2) Williams v. &c., commenced in the Exch. Div. of this Ct: (3) Bishop v. &c.: (4) Hillier v. &c., be respively transferred to this Division of this Ct and assigned to the V.-C., Sir Charles Hall. Railway Steel, &c., Co., Hall, V.-C., 2 Feb., 1878, 165 B. See 8 C. D. 183.

Form 601.

Order for transfer.

Form 602.

Order setting

Rule 5 of Order XLIX. of the Rules of the Supreme Court, 1883, provides that when an order has been made for the winding up of any company, the judge in whose Court such winding-up is pending, shall have power without further consent, to order the transfer to him of any action pending in any other Court or Division, brought or continued by or against the company.

The application may be made ex parte as in the above order or on summons. See also Field v. Field, W. N. 1877, 98; Whitaker v. Robinson, W. R. 1877, 201 ; United Kingdom Electric, 29 W. R. 332. In Re Sharpe, W. N. 1884, 28. See Re Thames Steam Ferry, 27 W. R. 503, where transfer was refused. As to transfer of petitions, see supra, Form 107.

66

The words Court or" are new, and enable a transfer order in regard to an action pending in the same division. Re Sharpe, ubi supra, and see Re Madras Co., 16 C. D. 702, as to the old rule.

Upon the applicon of the off. liq., and upon hearing the solors for the applicant and for the plts in the action hereinafter mentd, and upon reading [winding-up order]: Let pursuant to Order [51, Rule 2a] of the Rules of the Sup. Ct. this action now pending in the Ex. Div. of this Ct, 1879, P. 792, in which action are plts and the B. Co defts, be transferred to the Chan. Div. of the High Ct of Justice, and attached to the V.-C., Sir C. Hall. Costs of applicon to be costs in the liq. Beverley Iron Co., Hall, V.-C., 15 Nov., 1879. A. 2212.

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Upon motion, &c., by counsel for the off. liq. of co, and upon hearing &c. Let the judgmt signed by the sd W., the plt in the sd action in aside judgment the Exch. Div. of this Ct for 15267. 15s. 4d. on the 23rd July, 1878, be set aside but this order is to be without prejudice to the right of the

obtained in Common

Pleas Division

in action subsequently

transferred to Chancery Division.

:

sd W. to come in as a creditor in the winding up of the sd co. And Let the off. liq's. costs of this applicon be taxed by the taxing master and allowed out of the assets of co. Railway Steel, &c., Co., Williams v. same

Co., Hall, V.-C., 18 Feb., 1878. B. 430. And see 8 C. D. 183.

After transfer, the Court obtains control over the action, and can stop execution, or set aside judgment when proper.

Liberty to bring and proceed with actions, &c. Sec. 87.

Section 87 of the Act of 1862 provides that "when an order has been made for winding up a company under this Act, no suit, action, or other proceeding shall be 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 affects of the company after the commence- Form 602. ment of the winding-up, shall be void to all intents."

Orders are frequently made under section 87. See Forms 603, et seq., infra. The application should not be ex parte: Western Brazilian Co., W. N. 1880, 145; 42 L. T. 821.

It has been held that under s. 87 the Court has a discretionary power to permit a creditor to proceed with executions, &c., declared void by s. 163. But see now Re Vron Co., 20 C. Div. 442.

and

Upon the applicon of H., a debenture holder of the sd co, by summons Form 603. dated the 11th Dec., 1876, and upon hearing the solors for applicant, Liberty to for the off. liq. of the sd co, and for trustees for the debenture holder to debenture holders of the sd co, and upon reading, &c. : Let the sd H., bring action. as such alleged holder of eight debentures of 507. each in the sd co, be at libty to take all such proceedings in this Ct against the sd 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; Hamilton's Windsor Ironworks, 27 W. R. 827; Jones v. Swansea Soc., 29 W. R. 382.

Let the applicant be at libty to commence and prosecute an action Form 604. against the above-named co in this Ct and Division for the recovery of Another. 20007., the amount of twenty debentures of 1007. cach, of the sd 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 co. 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.

Specific performances.

For order giving vendor liberty to bring action against company for specific Form 605. 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 Administracarried into execution notwithstanding supervision order. Cadiz Waterworks, tions. Malins, V.-C., 8 May, 1877. A. 882.

Upon the applicon of S., on behalf of himself and other the holders of Form 606. mtge debentures having a charge upon the undertaking, ppty and effects Liberty to of the above-named co, and who are to rank pari passu with the appli- proceed with action by cant in respect of the sd charge, and upon hearing the solor for the debenture applicant, &c., Let the sd S. be at libty to proceed with and prosecute holders. an action now pending in the sd Ch. Div. of the High Ct of Justice, before his lordship the V.-C. Sir James Bacon, wherein the sd S. on behalf of himself and the sd holders of mtge debentures is plt and the above-named co deft, 1877. S. No. 279. Scilly Islands Telegraph Co. Limtd, M. R., 9 August, 1878. 1594 B.

Upon the applicon of B., the plt in a certain action of Blake v. The Form 607. Albion &c., to show cause why the sd action now pending in the High Liberty to Ct of Justice, Com. Pleas Div., should not be proceeded with notwith- proceed with

action in C. P. Div.

Form 607. standing an order has been made for the winding up of the sd co, and upon reading an afft, &c., and upon hearing the respive solors for the sd B. and for the off. liq. of the sd co, Let the applicant be at libty to proceed with the sd action, he undertaking not to take any steps to enforce any judgmt he may obtain without leave of the Ct or a judge, And let the costs of the applicant relating to this applicon be costs in the sd action, and let the costs of the sd off. liq. of such applicon be costs in the winding up. Albion Life Ass. Co., Malins, V.-C., 4 Mar., 1878. A. 502.

Form 608. Execution

first charge.

For order giving liberty to proceed with an action in which the company was a co-defendant. Costs reserved," see Vogt v. Knights & Co. Pearson, J., 21

Feb., 1884.

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As to liberty to proceed in Admiralty Division to enforce maritime lien against ship, see Re Rio Grand Co., 5 C. Div. 282.

Declare that the ct is of opinion that Mr. Taylor is entled to the same charge on the assets of the co in the hands of the sheriff as if such assets creditor given had been sold by the sheriff under the writ of fi. fa. before the peton for winding up the co was presented; and let the sheriff go out of possession and deliver the assets in his possession to the liqs; and order the liqs to sell forthwith sufficient assets to raise the amount due to Mr. Taylor in respect of the three bills for 50007., and interest at 4 p. c., and costs, and out of the proceeds of such sale pay Mr. Taylor the amount of his judgmt debt and interest at 4 p. c. thereon from the signing of the judgmt, and costs, and the costs of both motions, and pay the costs of the sheriff. Libty to Mr. Taylor to apply in case the liqs do not sell forthwith. Taylor v. Railway Steel and Plant Co., Hall, V.-C., 18 Feb., 1878, 8 C. D. 183. Buckley, 210.

Form 609. Liberty to proceed with arbitration.

Form 610.

Liberty to distrain.

The above order was made after the order for transfer [Form 600, 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. But the authority of these cases is doubtful. See Vron Colliery Co., 20 C. Div. 442.

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

Upon the applicon of L. of, and upon hearing the respive solors 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 libty 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, Form 610. accrued since the 11th of May, 1878, the date of the order for winding up the sd co after deducting income tax, in respect of the following ppty, leases, and agreemts and in the following sums (that is to say) :

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Bower Allerton Collieries, Limtd., 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 611, et seq.; or, what amounts to the same thing, the liquidator will be ordered to pay the rent out of the assets, see Form 558. In re North Yorkshire Iron Co., 7 C. D. 661; Re Oak Pits Colliery Co., 21 C. Div. 322; 30 W. R. 751; 47 L. T. 7; Re Carriage Co-operative Co., 23 C. D. 154; Buckley, 212. For rent accrued before the winding-up the landlord must prove.

Upon the applicon of A. of, and upon hearing the solor for the Form 611. applicant and for S. the liq, and for W. and F., the mtgees of the sd co, Another. and on reading the order dated the 9th of Feb., 1877, for winding up the sd co, an afft, &c., Let the applicant be at libty within 14 days from the date of this order to distrain upon the stock, goods, chattels, and effects of the sd co for the sum of 500l., 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 hereds situate, &c., due on the 13th May, 1877, from the sd co to the applicant under and by virtue of the indre of lease of the sd colliery and other hereds dated, &c., this order to be without prejudice to any question of apportionmt between the dates afsd of the rent or rents reserved by the sd lease or to any other question which may hereafter be raised: And Let the sum of 117. 13s. Od., the ascertained costs of the sd A. of and incident to this applicon, be pd by the sd co to the applicant. Original Hartlepool Colliery Co., 25 July, 1877. B. 1486.

For order on application of official liquidator for liberty to sell leaseholds and chattels, and on application of landlord for liberty to distrain, and official liquidator undertaking to pay him 500l. on account, applications to stand over till second Saturday in Michaelmas sittings, and meantime official liquidator 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. As to giving liberty to mortgagee, Re Brown, Bayley & Co., 18 C. D. 649.

Upon the applicon of H. of, Let applicant be at libty, notwith- Form 612. standing the sd order dated 18 May, 1878, to proceed with the distress Another. put in by him upon the premes in the occupation of the sd co, and to sell the goods and chattels upon the sd premes for the ppose of realising

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