several persons respively in respect of a call of 21. 10s. Od. per share Form 691.

made by the sd liq. And also let the sd
pay to the sd E. the sum of one guinea costs.
692.] Sheffield Purchasers Co., Malins, V.C., 2
See also Forms 692 and 693 infra.

Orders under S. 101.

and———, respively each

[Schedule as in Form July, 1877. B. 1185.

Orders are frequently made under s. 101 [supra, p. 467], on the application of the liquidator for the payment of monies due in respect of calls made prior to the winding up, or other monies owing by the contributories. Not uncommonly the order includes calls made before and after the commencement of the winding up. See Form 693. As to set-off, see Whitehouse & Co., 9 C. D. 595; Gill's case, 12 C. D. 755; Colorado Mines, 75 L. T. 145.

Upon the applicon of B. the liq of the above-named co, and no Form 692. one appearing for the several persons mentd in the 2nd column of Order to pay the schedule hto although duly summoned as appears by the afft of calls made before winding P. filed 16 Jan., 1877, and upon reading, &c., Let the several persons up. named in the 1st column of the sd schedule being respively contribs of the sd co, within four days after service of this order on them respively, pay to the sd B., the liq of the sd co, at the office of Messrs. W. & Co., situate, &c., the sums of money set opposite their respive names in the 8th column of the sd schedule, such sums being the amounts due from the sd several persons respively in respect of the calls of 6s. per share made on 10 July, 1873, and of 4s. per share made on 31 October, 1876, as mentd in the 5th and 6th columns of the sd schedule, together with interest thereon at the rate of 5 p. c. p. a. in respect of the 1st call from 10 July, 1873, and in respect of the 2nd call from 31 Oct., 1876, respively to the day of paymt, and for the costs of this applicon and consequent thereon (which have been ascertained in chambers) as mentd in the 7th column of the sd schedule.

British Marine Insurance Co., Malins, V.-C., 17 Jan. 1877. A. 105.

Form 693.

Another.

Upon the applicon of L., the liq appointed in the voluntary windingup of the above co, and upon hearing the solors for the applicant and for J. H. and T. F., and upon reading an afft, &c., and an afft of —, filed 7 Dec. 1878, of service of notice of this applicon: Let the several persons named in the 2nd column of the schedule to this order, being respively coutribs of the sd co, pay to the sd L, as such liq as afsd, at the office of Mr. his solor at on or before the 23rd day of Dec. 1878, or subsequently within 4 days after service upon them respively of this order the several sums of money set opposite to their respive names in the 8th column of the schedule hto, such sums being the amounts due from the sd several persons named in the 2nd column of the sd schedule in respect of calls made upon the members of the sd co previously to the commencement of the winding-up thereof, and of a call of 5s. per share made by the sd L., as such liq as afsd, on the 26th of April, 1878 And it is ordered that each of the sd several persons do also pay to the sd L., as such liq as afsd, at the time and place afsd, a further sum of 8s. 8d. for his or her proportion of the costs of this applicon.

Form 694.

Notice of

Wednesbury Newspaper Co., M. R., 9 Dec. 1878. 2255 B.

Restraining and staying actions, &c.

Formal parts: see infra, Form 707.

-

On the pt of of, the liq acting in the voluntary winding-up of the above-named

co, that

of may be restrained from further motion to re- proceeding with the distress levied by him on the goods of the sd co, and strain distress. from levying any other distress on the goods of the sd co in respect of any rent which accrued due to him from the sd co before the day of -: And that the sd may be ordered to pay the costs of this applicon.

Where a compulsory or supervision order has been made, no action or proceeding can be proceeded with or commenced against the company except with

the leave of the court. See section 87 of the Act, supra, Form 493. But this Form 694. section does not apply to a purely voluntary winding up.

However, it was well settled before the Judicature Act, 1873, that where a voluntary winding up was in progress the court would in general, under sections 138 and 85 of the Act of 1862, restrain actions and proceedings against the company, the plaintiff being permitted to add his costs to his debt and prove for the amount. In re Poole Firebrick Co., 17 Eq. 268; Buckley, 216.

And the Judicature Act has not altered the practice except that where the action is pending in the High Court, the application must be to stay further proceedings, and should be made to the Division in which the action or proceeding is pending. See supra, p. 489. Walker v. Banagher Distillery Co., 1 Q. B. D. 129; Rose v. Gardden Lodge Co., 3 Q. B. D. 235; In re Artistic Colour Co., 14 C. D. 502. With the exception aforesaid the application to restrain should be made to the Chancery Division by motion on notice, see infra, Form 707.

Where the plaintiff has notice of the voluntary winding up, and after an offer to allow him to prove for his debt and costs, proceeds, the court in staying the action may decline to allow him to add to his debt the costs of appearing upon the application to stay. Rose v. Gardden Lodge Co., 3 Q. B. D. 235.

And where the action is brought after notice of the winding-up, the plaintiff, except in special circumstances, will not be allowed to add the costs to his debt, and may be ordered to pay the costs of the action and of the application to restrain or stay. East Kent Shipping Co., W. L. T. 748; Buckley, 192.

In a voluntary as in a compulsory winding up certain actions and proceedings (e. g., a foreclosure action) will be allowed to go on, see supra, p. 495.

Title: see supra, Form 674.

Form 695.

Notice is hby given that the creditors of the above-named co are re- Notice to quired, on or before the

day of

addresses, and the parlars of their debts or

to send their names and creditors. claims, and the names and

addresses of their solors, if any, to A. of, the liq of the sd co, and, if so required, by notice in writing from the sd liq, are by their solors to come in and prove their sd debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this day of

B. of

Solor to the above-named liq.

Immediately after his appointment the liquidator should advertise for creditors as above. Sometimes the notice is signed by the liquidator instead of his solicitor, and in such case the word "undersigned" will be inserted in the notice before the name of the liquidator, and the signature modified accordingly. The notice should be advertised two or three times in newspapers circulating in the district where the company's office is situate, and in the Gazette. The court generally allows about six weeks, and a voluntary liquidator should allow the same. As regards creditors abroad, a longer period is sometimes allowed. See 1 C. P. D. 216.

The liquidator will investigate the claims sent in, and ascertain so far as he is able which of the debts and claims are justly due from the company. If he is not satisfied as to any claim, he should either endeavour to effect a compromise and get it properly sanctioned [supra, p. 510], or he can leave the claimant to bring an action, or he can apply to the court to adjudicate on the claim.

Form 695. The last-mentioned is the course very commonly adopted, and sometimes one application is made as to several claims.

Form 696. Summons for adjudication of disputed claims.

Form 697. Order for inquiry as to creditors of company.

Form 698.

On the pt of A. of

the liq of the above-named co, that it may be determined whether the claim against the sd co of B. of [or of the several persons whose names and addresses are set forth in the 2nd and 3rd columns of the schedule hereto] ought or ought not to be allowed by the applicant.

The proceeding on the summons will be similar to that upon a disputed claim in a compulsory winding up.

Upon the applicon of liqs of the above-named co by summons, dated 19th March, 1873, and upon hearing the solor for the liqs and reading the afft of C., filed, &c. : Let an inquiry be made what are the debts of the sd co, and the sd judge doth hby fix the 1st of September, 1873, as the day on or before which the creditors of the sd co are to send their names and addresses and the parlars of their debts or claims and the names and addresses of their solors (if any) to Mr. S. of London, the solor for the sd liqs of the sd co, and let such creditors, if so required by notice in writing from the sd liqs by their solors, come in and prove their sd debts or claims at the chambers of the sd judge at such time as shall be specified in such notice; and order that in default thereof such creditors be excluded from the benefit of any distribution made before such debts are proved: And order that for the ppose of carrying out this order such advertisemts be forthwith issued in such newspapers as the judge shall direct. Eclipse Gold Mining Co., Limtd, Malins, V.-C., 27 Mar. 1873. 3038 A.

In some cases, e. g., where there is likely to be a large number of disputed claims, it is considered desirable to obtain an order as above. See also Forms 693 and 694.

By this means the liquidator is relieved from much responsibility, and the winding up may be expedited. The proceedings on such an order will be similar to those in a compulsory winding up, and when the chief clerk has made his certificate, the liquidator can declare and pay dividends and proceed with the winding up either with or without further application to the court.

In the matter, &c.

Declaration of dividend.

I,

of

the liq of the above-named co, do hby declare a dividend at the rate of shillings in the pound upon the amount of

the respive debts of the creditors of the sd co whose names and the
amount of whose debts are set forth in the schedule hto.
Dated, &c.

Liq.

SCHEDULE.

When the liquidator has in hand sufficient funds, and the list of debts and claims has been settled or nearly settled, he will declare a dividend to be paid to the creditors whose claims have been allowed. In determining the amount, he will see that he retains funds or assets sufficient to cover all probable costs and expenses of the winding up, and to pay a like dividend on all outstanding

claims. The liquidator will declare the dividend by instrument in writing, Form 698. which may be as above.

Sometimes the liquidator obtains the sanction of the court to his declaring a dividend.

A dividend having been declared, notice will be given to the creditors and payment made accordingly.

Sales by Liquidator.

The liquidator has power, under section 133 (7) and section 95 of the Act, to sell the property of the company. Great care should be taken in preparing the conditions of sale, and a reserved price should be fixed. Applications to the court to sanction sales are not uncommon.

If thought desirable in any case, an order can be obtained for sale, with the approval of the judge, in which case the sale will be carried out by the court. See supra, p. 454.

Conveyances by Liquidator.
day of

THIS INDRE made the

freeholds.

1880, between The A. Form 699. Co, Limtd (hereinafter called the co) of the first pt, B., the liq of the Conveyance of co, of the second pt, and C. of, of the third pt. WHAS by special resolution of the co duly passed and confirmed at extraordinary general meetings of the members thereof held respively on the day of and the day of it was resolved that the co should be wound up voluntarily, and that that the sd B. should be and he was thereby appointed liq for the pposes of such winding-up; AND WHAS the co is seised of the hereds hereinafter described and intended to be hby assured for an estate of inheritance in fee simple in possession free from incumbrances; AND WHAS the sd B., as such liq as afsd, hath agreed with the sd C. for the sale to him of the sd hereds at the price of

-l.:

NOW THIS INDRE WITNESSETH that in psuance of the sd agreemt, and in conson of the sum of -7. upon the execution hereof pd by the sd C. to the sd B. as such liq as afsd (the receipt whereof the sd B., as such liq, doth hby acknowledge), the co, by the direction of the sd B. as such liq, doth hby grant unto the sd C., his heirs and assigns; All and singular [ parcels]: To Hold the same unto and to the use of the sd C., his heirs and assigns; And the sd B. doth hby [usual covenant against incumbrances].

In witness whereof the sd B., as such liq as afsd, hath caused the common seal of the co to be hereunto affixed, and the other parties hto have hereunto set their hands and seals the day and year first above written.

The common seal of the A. Company, Limited, was affixed hereto by C., liquidator.

(L.S.)

B.

C.

Signed, sealed, and delivered by the said B., in the presence of

Signed, sealed, and delivered by the said C., in the pre

sence of