Form 612. the sum of 10267. 6s. 3d., due to him for rent and royalties as of the sd colliery, And Let the afsd liqs out of the assets of the sd co pay to the applicant the sum of 451. 4s. 7d, for his costs of and incident to such distress and of this applicon as between solor and client. Iry House and Northwood Colliery Co., M. R., 10 July, 1878. A. 1494.

Where arrears are not paid, and landlord determines to re-enter, he can apply to the Court for an order against the official liquidator to give up possession. Re General Share Trust, 20 C. Div. 260.

Form 613.

Summons for affidavit of documents and inspection.

Form 614.

Order for

affidavit and inspection,

Discovery and Inspection of Documents.

On the pt of the off. liq. of the above-named co that A. B., who claims to be a creditor [or C. D., a contriby] of the sd co may be ordered within (seven) days after service, to make and file a full and sufficient afft stating whether he has or has had in his possession or power any, and if any, what, documts relating to the matters in question in the summons in these matters dated, &c., and accounting for the same; And that the sd A. B. [or as the case may be] may be ordered at all reasonable times, upon reasonable notice, to produce at the office of Mr. - his solor, situate at, &c., the documts which by such afft shall appear to be in his possession or power, except such of the same (if any) as he may by such afft object to produce; and that the applicant, his solors and agents, may be at libty to inspect and peruse the documts so produced, and to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense; and that the sd documts may be produced upon any examination of witnesses in these matters and at the hearing of the sd summons as the applicant shall require; And that the applicant may be at libty to make such further applicon as to all or any of the docunts mentd in such afft as he may be advised.

Where proceedings are pending in the winding-up between the official liquidator, and any alleged contributory or debtor or any claimant, discovery and inspection of documents is usually ordered on the application of either party. To obtain discovery and inspection a summons should be taken out as above. See further as to the practice: Seton, 147; Morgan, 519; Daniel Pr. 1674, et seq.; Daniel, Forms, p. 919, et seq.; Buckley, 216, 280. See also 15 & 16 Vict. c. 86, ss. 18, 20, and Order XXXI., Rules of 1883. An affidavit in support of the summons is not generally requisite. The order follows the terms of the summons. See Seton, 133, and infra.

For affidavit as to documents, see Form 8 in Appendix B. to Rules of 1883.
As to deposit before application for discovery, see Rules of 1883, 368.

Upon the applicon of A., B., and C., respively, contribs of the abovenamed co, and upon hearing the solors for the applicants and for the off. liq. of co, Order that S., the off. liq. of sd co, do within 7 days after service of this order make and file a full and sufficient afft stating whether he has or has had in his possession or power any, and if any, what documts relating to the matters in question in these matters, so far as regards the summons dated 4 June, 1878, and the relief thereby sought against the

applicants and accounting for the same; And [production, inspection, &c.] Form 614. Blaen Caelan Co., M. R., 15 July, 1878. A. 1504.

The following are other examples: "Relating to the matters in question in the summons issued by the said liquidator against the said A. and others on the and returnable on the of - 1880," and "relating to the two pending summonses issued by the said official liquidator, and another against the directors of the company, dated respectively, &c."

Another.

As to discovery from official liquidator, see Ex parte Contract Corporation, 2 Ch. 350; Gooch's case, 7 Ch. 207; Re Mutual Society, 22 C. Div. 714; 31 W. R. 872; 48 L. T. 651. It appears from the case last mentioned that the official liquidator will only be ordered to make an affidavit of documents in very special circumstances: he will be ordered to permit inspection. See Form 618, infra. Upon the applicon of the off. liq., &c., and upon hearing the solors for Form 615. the applicant and for M. hereinafter named, Order that M., an alleged contriby of the sd co, do within 7 days after service of this order make and file a full and sufficient afft stating whether he has or has had in his custody or power any and (if any) what documts relating to the matters in question in this matter and his liability to be placed on the list of contribs and accounting for the same, And [usual order for production and inspection and also for production] upon any examination of witnesses in these matters and at the hearing of the applicon to place the sd M. on the list of contribs of the sd co as the applicant shall require, &c. British Fire Office, M. R., 2 Aug., 1878. A. 1864

Upon the applicon of G. the off. liq., &c., by summons dated 3 Aug., Form 616. 1877, and upon hearing the solors for the applicant and for A., B., C., Order against D., and E. respively, respondents to a summons on behalf of the sd G. several as such off. liq. of sd co dated 2 February, 1877, and upon reading, &c., respondents. Order that the sd A., B., C., D., and E. respively do on or before the 30th August instant, make and file a full and sufficient afft or full and sufficient affts stating whether they have or have had in the possession or power of them or any of them any, and if any, what documts relating to the matters in question in the sd summons and accounting for the same, And order that the sd respondents do at all reasonable times and upon reasonable notice produce at the office of their respive solors as follows, namely, the respondents A., B., and C., at the office of Messrs. situate, &c., the respondent D. at the office of, &c., the respondent E. (who appears in person) at, &c., the documts which by such afft or affts shall appear to be in their or his possession, custody, or power, except such of the same (if any), as they or any of them may by such afft or affts refuse to produce; And, &c. [libty to take copies, production at hearing, libty to make further applicon]. Basye Consolidated Silver Mining Co., 9 August, 1877. A. 1622.

Inspection under s. 156 of the Act.

Orders are frequently made under the above section for the inspection of books and papers of the company by contributories and creditors, see Credit Co., 11 C. D. 256; Contract Corporation, 7 Ch. 207; Yorkshire Fibre Co., 9 Eq. 950; Imperial Land Co., W. N. 1882, 173.

Form 617.

Order for inspection

under s. 156.

Form 618.

Order for inspection.

Form 619. Order for inspection in voluntary winding-up.

Upon the applicon of H. a contriby of the above-named co, and upon hearing the solors for A. the liq. of sd co and for the applicant, and upon reading an order dated 21 March, 1877, Let the sd H., his solor or agent be at libty at all reasonable times upon giving reasonable notice to inspect and peruse at the office of the sd A., situate at —, the several books, deeds, and writings of the sd co and the depositions of witnesses taken in these matters, in the possession, custody, or power of the sd W. as liq of the sd co or his solors or agents, And let the sd H., his solors or agents, be at libty to take notes therefrom or abstracts thereof or extracts therefrom as he may be advised at his own expense, And let the sd W. upon reasonable notice produce the sd books, deeds, writings and depositions on the examination at the applicant's instance. of any witnesses in these matters and at any hearing before the Ct in these matters at the instance of the applicant as the sd applicant shall require, And let the costs of the production by the sd liq of the sd books, &c., in psuance of this order be reserved. Planet, &c., Co., Malins, V.-C., 27 June, 1878. 1286 B.

Upon the applicon of F. a contriby and creditor of co, and upon hearing the solors for the applicant and for the off. liqs. of the sd co and for R. a contriby and creditor of the sd co, and upon reading an order, &c., And it being admitted that the applicant is a contriby and creditor of the sd co, Order that the applicant be at libty after the completion of his pending examination before the examiner of this Ct by the sd off. liqs. in these matters, by himself, his solors or agents to inspect the books and documts in the possession of the sd off. liqs. and also of the several cos amalgamated therewith, And order that the applicant do give to the sd off. liqs. one clear day's notice of any appointmt he may make for such inspection, And order that the applicant do pay to the sd off. liqs. 2s. 6d. for every hour or pt of an hour (being the remuneration payable to a 2nd class clerk of the off. liq.) occupied by such inspection, And [costs of off. liqs. to be costs in winding-up]. Cape Breton Co., Malins, V.-C., 3 Aug., 1877. A. 1573. This order was subsequently modified, Reg. Lib. 35. A. 1878. See Mutual Society, 22 C. Div. 714.

Upon the applicon of L., of, a contriby of co, and upon hearing the solors for the applicant and for A. the liq of sd co, and upon reading the London Gazette dated 13 Sep., 1878, containing an advertisemt of the resolution to wind up the sd co voluntarily, the afft of P. filed, &c., Order that the sd A. do within 7 days from the date of the service of this order produce for the inspection of the sd L., his accountants, solors and agents, at the office of the sd A., situate at or elsewhere, all books, papers and other documts of the sd co in his possession or power as such liq as afsd, except business books after the sale of the sd assets to S., And it is ordered that the sd L. and his accountants, solors and agents shall be at libty to take copies of any of the sd books, &c., and

extracts therefrom at the expense of the applicant. Silber Light Co., Form 619. Malins, V.-C., 13 Dec., 1878. B. 2247.

Formal parts: see supra, Form 382.

Notice to pro

for cross

Take notice that the off. liq. of the above-named co [or as the case Form 620. may be] intends to cross-examine the several deponents named and described in the schedule hto upon their affts therein specified, And that duce deponent I have obtained an appointmt for such cross-examination before A. B., one of the examiners of the Ct [or before C. D., the special examiner appointed on these matters, or before E. F., the chief clerk to his lordship Mr. Justice -] for day the

day of

at

of the

And take also notice, that you are hby required to produce the sd deponent at the time and place afsd for cross-examination before the sd examiner [or as the case may be] accordingly. Add schedule showing (1) name of deponent, (2) description, (3) date of filing affidavit.

Under 8. 40 of 15 & 16 Vict. c. 86, and Rule 502 of the Rules of 1883, any party or witness having made an affidavit, is bound on being served with a subpœna to attend before the examiner, or a special examiner, for cross-examination. Rule 19 of General Order of 5 Feb., 1861, imposed on the party who filed the affidavit the onus of producing the deponent for cross-examination, but required notice [as above] of the intention to cross-examine to be given within fourteen days after the filing of the affidavit, and forty-eight hours' notice to produce; but this rule does not appear in the Rules of 1883. Rule 548 does not appear to apply in winding up, and accordingly it would seem that the fourteen days' limit no longer applies, unless it should be held that perhaps Order LXXII., r. 2, preserves the practice in this respect.

As to subpoena, see Raymond v. Tapson, 22 C. Div. 434; and as to old practice, In re Knight, 25 C. D. 297.

As to expenses of witness, Working Men's Mutual Society, 21 C. D. 831. An affidavit once filed cannot be withdrawn so as to avoid cross-examination. Quartz Hill Co., 21 C. Div. 643.

Under the new practice an order must be obtained referring it to the examiner in rotation to take the cross-examination [or appointing a special examiner], and the attendance of the witness must be enforced by subpona under r. 487.

Special Examiners.

Form 621. Appointment

Upon the applicon of P. of, &c., the petr in the above matters, and upon hearing the solors for the applicant and for the above-named co, and upon reading the peton presented in these matters on the 25th of on winding-up October, 1878, and the afft hereinafter mentd, Let T. esq., barrister-at-petition. law, be appointed special examiner in the above matters for the ppose of taking the cross-examination and re-examination of R. upon the afft filed in these matters the 13th of November, 1878, and the cross-examination of any other persons who may make any affts to be used at the hearing of the sd peton, And Let the si depositions authenticated by the signature of the sd examiner when taken be transmitted by him to

Form 621. the [Record and Writ Clerks' Office of this Ct] there to be filed. Malabar Gold Washing Co., Hall, V.-C., 26 Nov., 1878. B. 2008.

Form 622.

Appointment to take cross

examination of claimant.

Form 623. Appointment in general

terms.

Form 624. Appointment on petition to

remove

liquidators.

Form 625.

Where it is desired to cross-examine parties who have made affidavits upon a petition, a special examiner used generally to be appointed. See now Rules of 1883, 487, et seq. But now the cross-examination generally takes place before one of the examiners of the Court under Order XXXVII., rr. 39-50 (4th February, 1884), and accordingly an order is made referring it to the examiner in rotation, and the petition is directed to stand over. Sometimes a petition is directed to be heard with witnesses.

It seems that a petitioner has only a qualified right to cross-examine the company's witnesses. London Fish Market, 27 S. J. 600. And see Re Hoover Hill Co., 27 S. J. 434, as to petitioner's right to discovery.

Upon the applicon of the off. liq. of co, and upon hearing the solors for the applicant and for B., and upon reading, &c., Let N. of —, barrister-at-law, be and he is hby appointed special examiner to take the cross-examination and re-examination of the sd B. upon his sd afft [and also to take the examination, cross-examination, and re-examination of all other witnesses to be examined in relation to the claim of the sd B. against the co and to the claim of the applicant against the sd B. by summons dated, &c.], And let, &c.

Special examiners used frequently to be appointed in winding-up proceedings, especially where for any reason expedition was necessary. But see now the rules of 4th February, 1884, above mentioned.

The application for the appointment of a special examiner is usually made by summons, and should be supported by an affidavit as to the circumstances, and that the proposed examiner is a fit person, and has no interest in the matters in question. See further as to the practice, Buckley, 272; Dan. Forms, p. 342, et seq.; Rules of 1883, rule 487, et seq.

Upon the applicon of L., the off. liq. of the co, for a special examiner to be appointed to take the evidence of witnesses in these matters, and upon hearing the solor for the applicant, and upon reading, &c., Let Y. esq., barrister-at-law, (he consenting) be appointed special examiner for the purpose of taking the evidence of witnesses in these matters, And Let the depositions, &c. Saturn, &c., Co., 12 May, 1877. B. 893.

Upon the peton of R. of a creditor and member of co, on the 30 May, 1877, preferred into this Ct, praying that P. and K., the present liqs of the sd co might be removed, and that some proper and independent person or persons might be appointed off. liqs. of the sd co in their stead, and upon hearing counsel for the sd off. liqs., and upon reading the sd peton Order (at the request of counsel for petrs) that Mr. M. of—, barrister-at-law, be appointed special examiner for the ppose of taking the examination of witnesses, the petr by his counsel undertaking to pay the expenses of and incident to such examination without prejudice to the question how such expenses should ultimately be borne: And let the further hearing of the sd peton be adjourned until the 30th July, 1877. Cape Breton Co., Malins, V.-C., 6 July, 1877. A. 1365.

Upon the applicon of the off. liq. of the co, &c., Let A. of, be Appointment appointed examiner for ppose of taking the cross-examination of sd P.