petition, a winding-up order ought to be made thereon. If the case made would not justify such an order, the petition must (unless in an exceptional case,) be dismissed with costs. In re European Banking Co., Ex parte Baylis, 2 Eq. 521.

The presentation of a subsequent petition, notwithstanding notice of a prior one, may be justifiable, e.g., where there is reason to believe that the first petition is collusive. In re Humber Iron Works Co., 2 Eq. 15; United Service Co., 7 Eq. 76; In re Commercial Discount Co., 11 W. R. 353; 32 Beav. 198.

As to transfer of subsequent petitions, see infra, notes to Order XVI. In Re The British and Foreign, &c., Gas Co., 13 W. R. 649, there was two winding-up petitions in different Courts, that presented last (2) came on to be heard first, and an application was made that it might be transferred to the other Court to be heard with the first petition (1). The application was refused, and a winding-up order made on (2), but afterwards (1) was transferred to the same Court and the costs thereof were ordered to be paid out of the assets of the company.

Where a winding-up order is made the petitioner's costs are a first charge on the assets of the company, and must be paid in full in priority to the costs of the official liquidator. In re Audley Hall, &c., Co., 6 Eq.

245.

If a provisional official liquidator has been appointed before the hearing, the winding-up order generally provides as follows:

And it is ordered that Mr., the provisional official liquidator of the said company, be continued as such provisional official liquidator until the appointment of an official liquidator. [If necessary, add: he undertaking to act from this date without salary.]

In such case the direction will be for the allowance of the "costs of and relating to the said petition (including the costs of and consequent upon the appointment of the said as such provisional official liquidator)."

Where subsequent proceedings are to be taken in the County Court the order will provide as follows:

And it is ordered that all further proceedings in the winding up of the said company be carried on in the County Court of Suffolk, holden at Ipswich. Ipswich Public Hall Co., Jessel, M. R., 16 January, 1875, B. 59.

By Section 41 of the Companies Act, 1867, the Chancery Division may, upon making an order for winding up a company, direct all subsequent proceedings to be had in a County Court; and by Section 42 may transfer the winding up from one County Court to another.

The reference to the County Court is sometimes made at the same time as the order to wind up, and sometimes upon an application subsequently made at Chambers. London and Westminster, &c., Co., 17 L. T. N. S. 559. The former is the usual course now.

Orders.

T T

COMPULSORY WINDING UP. ON TWO PETITIONS.

Upon the petition of R. W. S., of, a creditor of the above-named company, on the 3rd day of April, 1876, preferred unto this Court, and upon the petition of E. P., of another creditor of the above-named company on the 12th day of April, 1876, preferred unto this Court, and upon hearing counsel for the respective petitioners for the above-named company, and for L. C. A., a creditor, and upon reading the said petitions respectively, an affidavit of the said R. W. S. filed the 6th of April, 1876, verifying the first-mentioned petition, and an affidavit of the said A. P., verifying the secondlymentioned petition, the London Gazette, the Times newspaper, and the Standard newspaper, all of the 10th day of April, 1876, each containing an advertisement of the first-mentioned petition, and the London Gazette, &c., each containing an advertisement of the secondly-mentioned petition, an affidavit of R. W. S., filed the 24th day of April, 1876, an affidavit, &c., a joint affidavit of A. A. R. and J. C. W., filed, &c., and two several affidavits of the said L. C. A., filed respectively, &c., This Court doth order that the B., &c., Co., Limited, be wound up by this Court under the provisions of the Companies Acts 1862 and 1867, and that the petitioners respectively, and the said company and the said L. C. A. be allowed their costs of or relating to the said petitions respectively, out of the assets of the said company, such costs to be taxed by the taxing master. British Guardian Life Assurance Co., Hall, V.-C., 2nd May, 1876, A. 951.

ORDER XX.

COMPULSORY WINDING-UP ORDER, AND APPOINTMENT OF
RECEIVER IN ACTION BY DEBENTURE HOLDERS.

Upon the petition of H., of, on the 4th of August, preferred unto, &c., and upon hearing counsel for the petitioner and for the respondent, the Canada Tanning Extract Company, Limited, and for the plaintiff, a creditor and debenture holder of the said company, and upon motion at the same time made unto this Court by counsel for the plaintiff and upon hearing counsel for the plaintiff and for

the defendants, and upon reading the said petition and the
following evidence thereon, namely, an affidavit, &c., and the
following evidence on the said motion, namely, &c., This
Court doth order that the Canada Tanning Extract Company,
Limited, be wound up by the Court under the provisions of
the Companies Acts, 1862 and 1867. And it is ordered that a
proper person or persons be appointed to receive the rents and
profits of the lands, tenements, and hereditaments comprised
in a certain indenture, dated, &c., and made between the
defendant company of the one part, and the defendants S.
and H. of the other part in the writ mentioned, and of all
the other lands, estates, buildings, and immovable property
of the defendant company, and also all the movable estates
and effects of the defendant company. And it is ordered that
such receiver or receivers be the same person or persons as
shall be appointed liquidator or liquidators in the said winding
up, and that the plaintiff in the said action be at liberty to
propose a person or persons to be such liquidator or liquidators
accordingly. And it is ordered that all further proceedings in
the above action be stayed except for the purposes of this
order. And it is ordered that the plaintiff do add his costs of
the said action to his security in the said writ mentioned, and
that the costs of the defendants be costs under the winding
up.
And it is ordered that the petitioner and the respon-
dents and the said T. R. be allowed their costs of and relating
to the said petition out of the assets of the said company,
such costs to be taxed by the taxing master. Canada, &c.,
Co., Limited, M. R., 11th November, 1876, A. 1774.

The above order was made in the matter of the company and of the Acts of 1862 and 1867, and of an action of T. Robinson on behalf of himself and all other the debenture holders of the company v. the company and the trustees for the debenture holders. See further, supra, p. 411, as to appointing the same person to be receiver and liquidator.

ORDER XXI.

DISMISSING PETITION WHERE PROVISIONAL LIQUIDATOR HAD
BEEN APPOINTED.

Upon the petition of T. and H., both of, printers, &c.,
carrying on business under the style or firm of and
on the 8th day of September, 1876, preferred unto this Court
praying that the Milan Tramway Company, Limited, might

Orders.

Orders.

be wound up by the Court under the provisions of the abovementioned Acts, and upon hearing counsel for the petitioners for the Milan Tramway Company, Limited, and for provisional official liquidator hereinafter named, and upon motion at the same time made unto this Court by the said petitioners, and upon hearing counsel for the provisional official liquidator hereinafter named, and upon reading the said petition, and the order dated the 15th day of April, 1876, whereby it was ordered [appointment of provisional official liquidator, provisions as to accounts and payment into bank], This Court doth order that the said petition do stand dismissed. And it is ordered that the said order, dated the 18th day of September, 1876, be, and the same is hereby discharged. And it is ordered that notwithstanding the said order, the chief clerk of the judge and the said provisional official liquidator be at liberty to sign a cheque in favour of the said company, or of Mr. their solicitor, for any balance standing to the credit aforesaid. Milan Tramway Co., Limited, Field, J. (for Hall, V.-C.), 17th October, 1876, B. 1717.

"Upon the hearing the Court may dismiss the same [i.e., a winding-up petition,] with or without costs, may adjourn the hearing conditionally or unconditionally, and may make an interim order, or any other order that it deems just." Section 86 of the Act.

ORDER XXII.

DISMISSING PETITION WITHOUT COSTS (see supra, p. 606). Upon, &c. This Court doth order that the said petition do stand dismissed, but without costs. But it is ordered that the costs of the said company of and occasioned by this application, and the costs and charges incurred by Mr. F. W. as the chairman of the meeting held in this matter on the 7th of May, 1875, be paid out of the estate of the company. And this Court doth not think fit to make any order as to the costs of the other parties appearing. Emma Mining Co., Malins, V.-C., 28th May, 1875, A. 946.

ORDER XXIII.

PETITION TO STAND OVER. LIBERTY FOR PETITIONER TO
BRING ACTION.

The petition of W. C. K., of, &c., that an order might be

made for the winding up of the above-named company by the Court under the provisions of the Companies Acts, 1862 and 1867, preferred unto H. M. High Court of Justice, standing this day in the paper, and upon hearing counsel for the petitioner and for the said company and J. J. S., the liquidator, and upon reading the said petition, and the company and the. said J. J. S., by their counsel respectively undertaking until further order not to present any petition to wind up the said company, and to give immediate notice to the petitioners of any other petition having been served upon them for winding up the said company, This Court doth order that the said petition do stand over until further order; And that the petitioner be at liberty, within ten days from the date of this order, to bring an action against the said company, under the said agreement, dated, &c., in the said petition mentioned. And any of the parties are to be at liberty to apply to the Court to restore the said petition to the paper. Scart Barytes, &c., Co., Limited, M. R., 2 Dec. 1876, B. 1981.

ORDER XXIV.

PETITION TO STAND OVER AT WISH OF CREDITORS ON

SPECIAL TERMS.

The petition of F. W., claiming to be a creditor of the above-named company, on the 16th December, 1875, preferred unto this Court, coming on this day to be heard before this Court, and upon hearing counsel for the petitioner and for the said company and for C. S. and other debenture holders opposing the said petition. And the company by their counsel undertaking not to consent to a winding-up order on any other petition, and not to wind up voluntarily, and to give notice to the petitioner of any other petition for winding up the company which may be served upon them, and in the event of any such other petition being served upon them to consent to the petition being restored to the paper, and that the application for a winding-up order by it may be renewed in the same manner as if the petition had not been ordered to stand over, This Court doth order that the petition do stand over until the first petition day in Michaelmas sittings now next. North-Western of Montevideo, &c., Co., Hall, V.-C., 28 Ap. 1876, B. 1377.

Orders.