Where there is no trust deed, the claims are usually directed to be sent to the Form 240 plaintiff's solicitor. For affidavit proving debenture in winding up, see Form

423.

Upon motion by counsel for the plaintiffs for such order as upon the Form 241. admissions of fact in the statement of defence the plaintiffs are entitled Several trust to, and upon hearing counsel for the defendants, and upon reading the deeds, accounts, and inquiries. plaintiffs' statement of claim, and the defendants' statement of defence : Declare that the trusts of the several indentures in the plaintiffs' state ment of claim mentioned, dated respectively, &c., ought to be carried into execution, and order and decree the same accordingly: and let, &c. : 1. An account of the receipts and payments by the plaintiffs as trustees of the four several before mentioned indentures.

2. An account of what is due to the respective debenture holders under the same several indentures according to their respective priorities. 3. An account of what respective particulars the property comprised in each of the said indentures consists, and which class of debenture holders is entitled thereto.

4. An inquiry whether any and what immediate steps should be taken in reference to a sale of the premises comprised in the said indentures respectively.

5. An inquiry whether it is desirable in the interest of the debenture holders that instead of the property comprised in the said several indentures, or in any of them, being at once sold, the same or any and what part thereof should be let or mortgaged.

6. An inquiry whether any and what beneficial arrangements can be made for enabling the business of the defendant co. to be carried on until an advantageous sale of the business can be made.

And any of the parties are to be at liberty to apply forthwith at chambers as to what steps ought to be taken for protecting and preserving the property comprised in the said indentures respectively, and for carrying on or leasing the business of the company, and if necessary to have a receiver and manager appointed. And the Court not requiring any trial of this action other than this motion. Adjourn further conson. Liberty to apply. Chisholm v. Cadiz Waterworks, Limited, Malins, V.-C., 21 June, 1877, A. 1225.

This action was brought by the trustees of the covering deeds.

Upon motion for judgment, &c.: Declare that the trusts of the inden- Form 242. ture dated this 1 Feb., 1864, in the statement of claim mentioned in Declaration. favour of the holders of the debentures of the Wheal Ellen (South Trust deed. Australian) Mining Co., Limited, ought to be carried into execution Sale out of under the direction of the Court: And Declare that the real and personal estate comprised in the said indenture of 1 February, property.

Court.

Colonial

Form 242. 1864, belong to the persons entitled to the sum of 15,000l. secured by such indenture in the shares and proportions in which such persons respectively are entitled to the same sum, subject to the claim of the defendant or other the trustee or trustees for the time being of such indenture to be paid all costs, charges, advances, disbursements, and expenses as mortgages of the same premises: And order that the defendant W. F. be at liberty to sell the real and personal estate comprised in the said indenture of the 1st of February, 1864, in such manner as he may be advised: And let the monies to arise from such sale be applied in the first place in payment of the costs and expenses of and incident to such sale, and let the residue of the monies to arise from such sale (the amount of such sale monies and of such costs and expenses, and of such residue to be verified by affidavit) be paid into Court to the credit of this action, Sumner, &c., subject to further order. Adjourn further consideration. Liberty to apply. Sumner [on behalf, &c.] v. Ferguson, 1878, s. 130, Malins, V.-C., 24 May, 1878. B. 1185.

Form 243.

Foreign property. Trust deed.

This action coming on for trial, &c. [declaration as to carrying into execution trusts of deed for securing debentures. Inquiries as to prior incumbrances, as to the debentures of several series, &c.]: And order that the plaintiffs be at liberty forthwith to take and prosecute such proceedings, and to do all such things as they may be advised may be proper or necessary according to the law of the place where the property comprised in the said indentures of, &c., is or may be situate for the purpose of enforcing and realising the securities effected by such indres. resply. and of selling the property therein comprised: And order that the defendant co. when required by the plaintiffs do concur in all such proceedings, acts, and things as aforesaid. Tax costs: Payment to be made by trustees out of funds in hand. Adjourn further conson. Liberty to apply. Campbell v. Compagnie Générale de Bellegarde, Ld., 14 July, 1877, A. 1661.

Form 244.

manager.

"Upon motion, &c. : Order that a proper person be, upon his giving Receiver and security, appointed to receive the rents and profits of the defendants' real estate (include leaseholds,) and to manage the defendants' colliery business, and get in the outstanding debts and effects belonging to the defendants. And let the defendants deliver over to such receiver all the stock, plant, machinery, and effects of the defendants, and all securities in their hands for such outstanding debts and effects, with all books and papers relating thereto, and in case it shall be necessary to put any of the debts in suit for the recovery thereof, the same to be done with the approval of the judge, and the person so to be appointed is to be at liberty to make use of the names of the plaintiffs and defen

dants who are to be indemnified therein out of the premises comprised Form 244. in the security of the plaintiffs in the said affidavit mentioned, and out of the said stock, plant, machinery, and effects. And order that the person so to be appointed do from time to time pass his accounts, and after retaining in his hands such sums as shall be deemed sufficient to carry on the said collieries, pay the balances which shall be certified to be due from him, in Court to the credit of this cause of, &c., and [invest and accumulate]." Peek v. Trimsaran Co., M. R., 10 Feb., 1876, B. 246; 2 C. Div. 115.

See as to receivers and managers, supra, p. 234.

For order by consent appointing receivers and managers without security, plts. undertaking to supply funds not exceeding 15,000l. to carry on the business, see Rodewald v. Wayne's, &c. Iron Works, Malins, V.-C., 25 May, 1876; B. 1524. The order is given in Seton, p. 418.

Upon the application of the plaintiffs and upon hearing, &c., and Form 245. reading [two affidavits, order, and recognisance]. Appoint the said R. to Receiver and receive the rents and profits of the defendants' real estate, including manager after security given. leaseholds, and to manage the defendants' colliery business, and get in the outstanding debts and effects belonging to the defendants, pursuant to the said order of 10 Feb., 1876: And order that the said R. do on the 1st Nov., 1876, and on the same day in each succeeding year leave at the chambers of the judge his annual account as such receiver: And it is ordered that the said R. do within four days after the date fixed by the chief clerk's certificate of the allowance of such account pay the balance that shall be thereby certified to be due from him on such account or such part thereof as shall be thereby certified to be proper to be so paid into Court to the credit of this action of, &c. : And order that the same when so paid in be invested in consolidated 3 per cent. annuities, and that the dividends as they accrue on such annuities be invested in like manner. Peek v. Trimsaran Co., M. R., 7 Mar., 1876, B.670.

be receiver.

Upon motion, &c.: Appoint C. the prov. liq. of the deft. co. receiver Form 246. and manager on behalf of the plaintiff and all other the debenture Provisional holders of the deft. co. of all the property and assets of the deft. co. liquidator to comprised in or subject to the securities and charge created by the debentures issued by the deft. co. to the plaintiff and the other debenture holders as in the said affidavit mentioned: And [pass accounts, pay balances, invest and accumulate]. D'Oyley v. British Chemical Co., Bacon. V.-C., 29 June, 1876, A. 1657.

As to appointing liquidator to be receiver, sec supra, p. 234.

Form 247.

Clerk of company to be receiver and manager without security.

Upon motion, &c.: Appoint H., of, the managing clerk of the deft. co. without his being required to give security, and at his present salary of 21. 58. per week to manage the real and personal property and business of the deft. co. comprised in the indenture dated, &c., in the writ in this action mentioned, and to receive the rents and profits and produce of the said property and business until further order of this Court And order that the defts. The — Co., T., and G., deliver over to the said H., as such receiver, all securities in the hands of them or any of them, together with all books and papers relating to the real and personal property and business of the co. [Accounts. Payment. Investment. Accumulation.] Perry [on behalf of, &c.] v. Clutton Hall Coal Co., Malins, V.-C., 22 June, 1876, B. 1698. See Form 234.

Form 248.

Sale on motion.

:

Upon motion, &c. Let all the hereditaments and premises comprised in the indentures dated, &c., and all the chattels and things upon or connected with such hereds. and premises, and contained in the said indenture, be sold, with the approbation of the judge: And let the proceeds of such sale be paid into Court to the credit of this action, &c., or otherwise as the judge shall direct: And the plaintiff by his counsel adopting the agreement hereinafter mentioned, Let the agmt. dated 31 Oct., 1877, and made, &c., for the sale of the said hereds. known as the Cwm estate, at the price of 16,000l., be carried into effect, and, Let the monies to arise from the sale of the said last-mentioned hereds. be paid into Court to the credit of this action, &c., or otherwise as the judge shall direct. Davis v. Ashwin, Hall, V.-C., 27 Nov., 1877, A. 3552. See also the report in 26 W. R. 139, and supra, p. 325.

As to sales, see supra, p. 234.

Form 249.

Sale in action

Upon the application of the plaintiffs, and upon hearing the solicitors for the applicants and for the defendants: By consent order that the of winding up. lands, waterworks, and other works of the said co. situate in and about the city of Cadiz, in Spain, or elsewhere, with the benefit of the concessions granted to or for the said co., and the engines, plant, and machinery belonging thereto, and all other the premises which by the four indentures all made between the said co. of the one part and the plaintiffs of the other part, were granted and assigned to the plaintiffs upon trusts for sale as therein mentioned, together with the goodwill of the business and the undertaking of the said co., and the stores and materials belonging to the said co. now in the possession of the plaintiffs at Cadiz or elsewhere in Spain, be sold with the approbation of the judge And let the monies to arise from such sale be paid into Court to the credit of this action of, &c., as regards so much of the same as shall arise from the sale of the premises comprised in the said indentures to an account intituled "Debenture Fund," and as regards

:

so much of the same as shall arise from the said goodwill, stores, and Form 249. materials, and any other parts of the premises sold not comprised in the said indentures, to an account to be intituled "General Assets ;" and in the event of all the premises being sold together at one price, order that the proportion of the purchase monies to be carried to such separate accounts be determined as the judge in chambers shall direct, and the defendants and their solicitors Messrs. B. undertaking to give all proper facilities for completion within 12 months from the date of this order, Declare that all the costs now due and owing from the defendant co. and the plaintiffs respectively to the said Messrs. B. both as solicitors for the defendant co. and as solicitors for the plaintiffs, are to be treated as a charge upon the aforesaid proceeds of the sale by this order directed, And order that the same may be taxed by the taxingmaster as between solicitor and client, and, after payment of the costs of all parties of and incident to the said sale be paid in priority to all other charges and payments out of the first monies which shall arise from the sale hereby directed, but so that the fund comprehended in the account "General Assets" be first applied for that purpose. Chisholm v. Cadiz Waterworks, Malins, V.-C., 11 Nov., 1877, A. 2102.

See also Forms 234, 372, 373, and 374.

sale.

Upon the application of the plaintiff, &c. : Let the conditional contract Form 250. dated 2 Mar., 1878, made between the deft. co. of the 1st part, E. (the Approval of receiver and manager of the property of the said co.) of the second conditional part, and the defendants G. B. and J. E. of the third part, and the contract for Bishwell Coal & Coke Co., Limd., of the 4th part, for the sale to the last mentioned co. at the sum of 15,000l. of the premises therein described, being the leasehold collieries of the deft. co., together with the fixtures, fittings, and plant, machinery, and implements, and effects used in connection with the said colliery, directed to be sold by the judgment dated 15 June, 1877, be carried into effect; such sum of 15,000l. to be paid and satisfied in the manner set forth in the said contract. Lee [on behalf, &c.] v. Bower, E., and the Bishwell Collieries, Limd., 1877, L. 104. Malins, V.-C., 22 Mar. 1878, B. 615.

Another.

Upon the application of H., the official liquidator, &c., and hearing Form 251. the solicitor for the applicant and for the plaintiff, and reading the order of 6 July, 1877, in these matters, and the orders dated respectively 27 Ap., 1877, and 9 Mar., 1878, made in the action, the affidavit, &c., order that the conditional contract dated 25 July, 1878, entered into between the applicant on the one part, and E. of, of the other part, for the sale to the said E. of the lands, works, plant, property, and effects of the deft. co. in the said contract mentioned, except the stock in trade