Form 251. therein also mentioned, at a valuation in the said contract mentioned, being the property directed to be sold by the order dated 9 Mar., 1878, be carried into effect. And order that notwithstanding the said order of 9 Mar., 1878, which directed that the amount to arise from the sale of the said property be paid into Court to the credit of, &c., and instead thereof, H., the said official liquidator, be at liberty to receive the balance of the said purchase money, and that thereout and out of 2007. deposit already received by him the said H. be at liberty to pay to the Royal Bank of Scotland the sum of 1,8147. 4s. 1d., the amount due to the said Bank from the said co. for loans and overdrawn account and interest thereon respectively, and that the said H. do, on or before 3 August, 1878, pay into Court to the credit of L'Amy, &c., the residue of the said purchase money, the amount of such residue to be verified by the affidavit of the said H. And [invest and accumulate]. L'Amy [on behalf, &c.] v. Imperial Chemical, &c., Co., 1877, L. 91, 6 Aug. 1878, 2681, printed.

Form 252. Approval of contract for lease.

Upon the application of K. and B., the trustees for the mortgage debenture holders of the above named co., and upon hearing the solicitors for the applicants, and for the official liquidator of the said co., and upon reading an order dated 26 June, 1875 [winding up], an affidavit, &c. Let the applicants be at liberty to carry out the conditional contract dated the 8th of May, 1876, made between the applicants of the one part, and the S. Co. of the other part, for the lease to the said S. Co. of the premises therein mentioned and comprised. And let the off. liq. have 14 days from the date of this order to remove all property from the premises belonging to the above named co. not combined in the mortgage by the said co. to the applicants. The Globe New Patent, &c., Co., 24 March, 1876. And see Forms, 372 to 374, infra.

Form 253.

Receiver to

Upon the application of the plaintiff, and upon hearing the solicitors for the applicant, and for the defendants, and upon reading orders of borrow 2,000l. 17 May, 1877, and of 18 May, 1877 [supervision order]. Order that the receivers and managers of the colliery and effects of the deft. co. be at liberty to borrow a sum of money not exceeding 2,000l. at interest, at a rate not exceeding 8 per cent. per annum, to be repayable within six years, as a first charge, out of the monies to be realised by sale of the property of the said company, pursuant to the said order dated 15 June, 1877, and meantime to be a first charge on the said property and effects of the deft co. Lee v. Bower, Malins, V.-C., 5 July, 1877, B. 1280.

Form 254.

Liberty to

borrow from

Upon the application of the plaintiffs, and upon hearing, &c. Order that the applicants be at liberty, in accordance with the resolutions

unanimously passed at a meeting of the 1st bondholders held on the Form 254. 18th March, 1878, to borrow from such of the 1st bondholders as may debenture be willing to subscribe thereto, a sum of 2,000l. or any smaller sum, for holders. the purpose of enabling the plaintiffs to maintain the company's waterworks at Cadiz in efficiency, until the sale ordered by the Court can be however to the order made in this action on the Chisholm v. Cadiz Waterworks, Malins, V.-C., 6

carried out, subject

12th Nov., 1877. Ap., 1878, A. 770.

Compare these with the orders in winding up, giving liberty to borrow. Form 359, et seq.

incumbrances.

Upon the application of the plt., &c. Let D. the receiver and manager Form 255. be at liberty to raise a sum not exceeding 6,000l. upon the security of the Liberty to property and undertaking of the co., for the purpose of paying off the raise money to preferential claims of creditors in Germany, and of discharging the pay off prior claims of creditors who have obtained orders of sequestration of the property of the said co., but the interest to be paid on the sum borrowed is not to exceed 7 p. c. p. a. Gordon [on behalf, &c.]v. Cassel Tramways Co., Bacon, V.-C., 8 July, 1879, A. 1486.

In accordance with the practice mentioned above, p. 234, D. was by an order of 15 July, 1879 [A. 1558], appointed off. liq. of the co.

Upon the application of the plaintiffs in the first above-named action, Form 256. &c. Let the said S. and R. [the receivers] be at liberty to execute and Liberty for send out to S. R. their agent at Rio Grande, in the empire of Brazil, receiver to appoint the power of attorney to act for the said receivers in carrying out the attorney. arrangements for the sale of the property in the pleadings mentioned to C. T. P., which power of attorney has been settled by the judge as a proper power of attorney for that purpose, and is identified by the signature of the chief clerk in the margin thereof, and costs of application to be costs in action. Barry v. Sao Pedro, &c., Co., 10 Oct., 1877, A. 1770.

business in

Upon the application of the plt. and M. the liq. of the co., receiver Form 257. and manager [in the action]. Let C. of in the Empire of Russia Liberty to apbe appointed attorney and agent of the said M. as such receiver, point attorney manager, and liq., as aforesaid, as from 30 June, 1879, to manage the to carry on business now carried on by the co. in Russia, and to superintend and Russia, &c. direct all matters relating to the property and assets of the co. situate there, and to negotiate for and effect the sale of the works upon the following terms, &c.; and let M. as such, &c., and the defts. B. and L. as trustees of the deed, &c., execute a power of attorney to

Form 257. the said C. for the purposes aforesaid, which power of attorney has been settled and approved by the judge as a proper power of attorney,

as appears by the memorandum signed, &c. Bell [on behalf, &c.] v. Russia Copper Co., M. R., 24 Mar., 1879, A. 1445: and subsequent order, 5 Nov., 1879, A. 2180.

Form 258. Upon motion, &c. Let the receivers and managers continued in the Liberty to consolidated action be at liberty to send such telegram as in the 13th send telegram. paragraph of the said affidavit of H. mentioned with the variation, &c. : and costs of all parties of this application to be costs in the consolidated action. Barry v. Sao Pedro Co., M. R., 15 Mar., 1877, A. 508.

Form 259.

Liberty to surrender lease.

Upon the application of T., &c. Order that without prejudice to any rights which the parties may have against each other, S. and W., the receivers, do surrender to the applicant T. the indenture of lease, dated, &c., and that the said receivers do deliver up possession to the applicant T. of the premises comprised in the said lease, and of the cottage situate at aforesaid, held by the said co. as yearly tenants to the applicant, and costs of plaintiffs, defendants, and receivers of this application to be costs in this action. Dawson [on behalf, &c.] v. Owen, 7 Feb., 1878, A. 602.

Form 260.

Meeting of debenture holders to be convened.

Upon the application of the defendants, &c. Let the defendants O. J. S., and the deft. co. be at liberty to convene a meeting of the debenture holders of the defendant co. to be held on Thursday the 8th Feb., next, at the Hotel, at 2 o'clock in the afternoon, for the purpose of ascertaining their wishes with regard to the sale, or otherwise, of the property of the said co., and let the costs of this application and incident thereto be costs in the action. Dawson v. Owen, 22 Jan., 1877, A. 83.

For order on application to confirm conditional agreement for sale of assets directing the application to stand over, meeting of the debenture holders to be convened and result stated, see Vickerman v. Bonvilles Co., Hall, V.-C., 2 Aug., 1878, B. 1602.

For order at trial of action, whereby after reciting, inter alia, that meeting of debenture holders had been held, and approved the scheme of compromise as follows, &c., it was ordered that the compromise should be carried into effect, and that all proceedings in the action, except such as should be necessary for enforcing the order and carrying out the compromise, should be stayed, see Hooper v. New Town Manure Co., 13 Ap., 1878, A. 806.

See also " Arrangements," infra.

The following are examples of advertisements convening meetings.

Form 261.

meeting of

IN THE HIGH COURT OF JUSTICE :-CHANCERY DIVISION. VICKER- Advertisement MAN . THE BONVILLES, &C., COMPANY, LIMITED, and others, and in convening the matter of the Companies Acts, 1862 and 1867, and in the matter of debenture THE BONVILLES, &C., Co., LD.

Notice is hereby given that pursuant to an order of this honourable Court, made the 2nd day of August, 1878, a MEETING of the DEBENTURE HOLDERS of the above company will be held at the Inns of Court Hotel, Holborn, London, on Thursday the 19th day of Sept. instant, at one o'clock in the afternoon, for the purpose of considering, and (if approved) to sanction the acceptance of a conditional agreement, dated the 11th of July last, for the purchase of the works and property of the company comprised in the particulars of sale dated the 17th of May last, when the works were offered for sale by auction, and subject to the conditions attached to the particulars of sale.

Dated the 10th Sept., 1876.

H. B., Receiver, Manager, and Liquidator.

holders.

In the High Court, &c.

All persons holding debentures of the Industrial Coal & Iron Co., Ld., either of class A or class B, are hereby specially invited to attend a MEETING convened by the trustees for the DEBENTURE HOLDERS, with the sanction of his lordship the V.-C. Sir R. M., in the above action, dated the 22nd of Jan. instant, to be held at the Cannon Street Hotel, Cannon Street, in the city of London, on Thursday the 8th of Feb., 1877, at 2 o'clock in the afternoon, precise time, in order to consider and decide upon the scheme and plan to be submitted to the Judge for dealing with realisation and disposal of the company's property, as directed by the decree in the above action.

Dated the 24th Jan., 1877.

P. & H., of, Solicitors for the said Trustees.

Form 262.

Another.

Upon the two several motions, &c. This Court doth by consent Form 263. order that the above-mentioned actions be consolidated, and that the Consolidation conduct of the same be given to the plaintiff B. in Barry v. Sao order. Pedro, &c. [receivers continued]: and it is ordered that H. T. and B., and any other members of the committee of the debenture holders of the 1st series, and U. and S. and any other members of the committee of the debenture holders of the 2nd series, be at liberty to attend the proceedings in the consolidated action, and that their costs be costs in the consolidated action: and it is ordered that the said receivers and managers be at liberty to negotiate any contract for sale of the property charged by the said debentures or any part thereof, with the consent and subject to the control of the committee of the 1st debenture holders

Form 263. or a majority of them; and provisional liquidator to be at liberty to defend the action on company's behalf. Costs. Liberty to apply. Barry v. Sao Pedro Co., Upward v. Same Co., M. R., 2 Mar., 1877, A. 467.

For another order to consolidate on application of deft. co., see Rucker v. Moffat, and Bradley v. Chadwick, Malins, V.-C., 5 Feb., 1872, B. 187.

Form 264.

Dividend to debenture holders.

Upon the application of the receiver in this action, and liquidator in the winding up, and, &c. Order that the applicant be at liberty to pay to each holder of debentures whose name is stated in the 2nd column of the 1st part of the schedule to the chief clerk's certificate a dividend of 57. in respect of each 1007. debenture held by him out of the monies in his hands as such receiver and liquidator. Limbert [on behalf, &c.] v. Mineral Hill, &c., Co., 27 Mar., 1877, B. 668.

Form 265. Distribution of cash.

Form 266.

Dividend to debenture bolders.

Form 267.

Further

Upon the petition of L. of

the abovenamed plaintiff, on the 17

Dec., 1878, preferred unto this Court, and upon, &c. Order that notwithstanding the said order of the 6 August, 1878, the said H. be at liberty to apply the sum of 4,5577. 14s. 9d. now on deposit in the Royal Bank of Scotland, and any interest which may have accrued thereon, in the manner provided by the resolutions passed at a meeting of the debenture-holders of the said co. on the 2nd of October, 1878, in the petition mentioned: And let all further proceedings in this action be stayed: And let the receiver be discharged. L'Amy [on behalf, &c.] v. Imperial Chemical Co., 20 Dec., 1878, B. 2205.

Upon the application of the plt., and upon hearing the solicitors for the applicant, and for E., the purchaser of the property of the co. sold in this suit, and upon reading, &c. Let, out of the sum of 5,6727. 17s. 6d., cash in Court to the credit of this cause, &c., the several sums mentioned in the third column of the schedule, making together 2,6057. 10s. 6d., be paid to the several persons whose names are set opposite the same in the first col. thereof. Schedule showing payees, nature of payment, and sums. Milligan [on behalf ] v. Hellin Sulphur Co., M. R., 8 May, 1877, B. 1272.

Upon the application of the plaintiff B., and upon hearing the solicitors for the applicant, and for S., the receiver and manager, for the consideration. committee of the 1st debenture holders, for the committee of the 2nd debenture holders, and for A. and R., and upon reading the orders dated, &c., an affidavit, &c., the paymaster-general's certificate of payment in of 31,0937. 8s. 7d. to the chancery suspense account, dated 10 July, 1878, and the certificate of the fund, and the said A. and R. by