motion appointing provisional liquidator. Form 299 on the 28th June, 1879, preferred unto this Court, and two affidavits of S., both filed the 2nd of July, 1879. Let W., of, be appointed provisionally official liquidator of the above named co., W. G., the agent of the solicitor of the co. undertaking that the said W. shall give security as the Judge shall direct within 14 days from the date of this order, and having signed the Registrar's book accordingly: Limit and restrict the powers of the said W. as such provisional official liquidator as follows: 1. To taking possession of, getting in and protecting the assets of the company. 2. To carrying on the business of the co. so far as may be necessary for the beneficial winding-up thereof pending contracts to be completed, but no new contracts to be undertaken. 3. To taking or defending any legal proceedings on the company's behalf. 4. To advancing money for carrying on the business, and to repay himself out of the first monies coming to his hands. 5. With the sanction of the Judge to borrow money for the purpose of carrying on the business. 6. To act in all cases of emergency and generally to do all acts which may be necessary for the above purposes. And [usual directions as to accounts and payment into Bank]. Derbyshire Wagon Co., M. R., 2 July, 1879. A subsequent order was made in the above case by the M. R. on 12 July, 1879, directing that the winding-up petition should stand over for a week, and “that notwithstanding the order of 2 July, the prov. off. liq. be at liberty to continne the account already opened by him with Messrs. bank at Derby for the purpose of paying wages and carrying on the business of the company in accordance with the said order, but so that whenever the balance to the credit of such account shall exceed by more than 301. the sum of 2507., the excess shall forthwith be paid into the Bank of England to the credit of the prov. off. liq. of the company." Compare this with Forms 356 and 357a, infra. Form 300. Limit and restrict the powers of the said H. to following acts, that is Order restrict to say, receiving monies belonging to the said co., and thereout paying the wages of the workmen and such other expenses as may be necessary to keep the mines in work as at present. Belper Laund Colliery Co., Malins, V.-C., 29 Nov., 1878, A. 2071. ing powers. Form 301. Another. [Appointment of R. S. as provisional official liquidator.] Limit and restrict the powers of the said R. S. as such prov. off. liq. to the following acts, namely, to carrying on the business of the said co., and to keep down accruing mineral rents which may become due quarterly, and to raise and apply the sum of 10007. for the purposes aforesaid, such sum to be a first charge upon the property of the said co. except as against mortgages and mortgage debentures. Glyncorrig Colliery Co. 1877. Form 301. A. 1378. carry on business and Upon motion for the petitioners, &c. Appoint W. prov. off. liq. Form 302. [usual directions], And Limit and restrict the powers of the said W. Liberty for as such prov. off. liq. to the following acts, namely, to carry on and prov. liq. to continue the business of co. so far as may be necessary for carrying out and completing existing contracts, and keeping the co.'s furnaces in advance blast, and for that purpose to raise a sum not exceeding 4000l. per week money. at a rate not exceeding 5 p. c. p. a. with the usual bankers' commission, by the sale of or upon the security of the company's assets, and to make such advances himself: And order that for any advances so made the said W. do have a first charge upon the undertaking of the co., subject to the incumbrances now existing thereon. Hopkins, Gilkes, & Co., M. R., 15 May, 1879. A. 953. : Form 303. liquidator to recover costs. Upon motion, &c., for Messrs. C. & S., &c., Appoint Mr. S., of a member of the firm of Messrs. C. & S., of the same place, solicitors of Appointment this Court, provisionally off. liq. of co., without salary and without of provisional security And Limit and restrict the powers of the said S. as such prov. off. liq. to the following acts, viz., to recover and if necessary enforce payment of the sum of 1867. 2s. 2d., the amount of the costs (including the sum of 17. 58. Os. for a subpoena) of the said co., which have been taxed pursuant to an order dated 14 Mar., 1877, and which by the said order was ordered to be paid by T. & H. to the said co. Langham Skating Rink Co., M. R., 18 June, 1877. B. 1150. As to this order, see 6 C. D. 102. Upon the application of B., the prov. off. liq. of the above-named co., Form 304. and upon hearing the solicitors for the applicant and for L., the off. liq. Liberty to of the said co., and upon reading, &c., Let the said B. be at liberty to bring in bring in and pass his first and final account as such prov. off. liq. And account. Let the said B. pay to the said L., the off. liq. of the said co., the balance (if any) which shall be certified to be due from him, the said B., on passing such account within 14 days from the certificate of the allowance of such account. the said certificate that a balance is due to count, Let the said L., within 14 days after the date of such certificate out of the assets of the said co. pay to the said B. the amount certified to be due to him as aforesaid. Regent United, &c., Co., Malins, V.-C., 26 Nov., 1878. B. 2034. date of the chief clerk's And if it shall appear by the said B. upon such ac This is the order commonly male when there are plenty of assets. A A Form 305. Order directing provisional official liquidators to leave account and for taxa tion and payment of costs. Form 306. Order dis charging provisional Jiquidator. Form 307. Order dis charging provisional liquidator who has neither received nor paid money. Upon the application of B. & L. the off. liqs., &c.; Let L., H., and B., who by the said order of 5 Feb., 1877, were appointed prov. off. liqs. of the said co. without security, on or before 30 June, 1877, or subsequently within 4 days after the service of this order on them, leave in the chambers of the judge their account as such prov. off. liqs., And Let the costs, charges, and expenses of the said L., H., and B. as such prov. off. liqs. properly incurred be taxed and the amount thereof be paid out of the assets of the said co. as and when the judge shall direct, but in taxing such costs the taxing master is to have regard to any sum or sums of money which may have been received in respect of costs of compromises come to with any contributories or otherwise, And Let the said L., H., and B. pass their said account, and pay the balance, if any, proved due from them into the Bank of Eng. to the credit of the off. liq. of the said co. within 7 days after the date of the chief clerk's certificate of passing such account, and thereupon let them be discharged as such prov. off. liqs., And in the event of a balance being found due to the said L., H., and B. on taxing the said account, let the same be paid to them out of the assets of the said co. as and when the judge shall direct. Hooper's Telegraph Works, M. R., 31 May, 1877. A. 1037. Upon the application of H. the prov. off. liq. &c., Let the said H. be discharged from the office of prov. off. liq. of the said co., and let the said bond, dated, &c., entered into by him, together with The Co., Limd., as his sureties, be vacated, And Let it be referred to the taxing master to tax the costs of the said prov. off. liq., and let him be at liberty to apply for payment thereof when any funds are available for that purpose. General Machinery Purchase Co., 4 June, 1877. A. 1034. For order appointing prov. off, liq. to be off. liq. and directing him to pass his accounts as prov. off. liq. and then that recognisance be vacated, see British Farmers &c. Co., 8 May 1876. A. 803. Upon the application of C., the prov. off. liq. of the above-named co., and upon hearing the solors. for the applicant and for the off. liq. of said co., and upon reading an order, &c., an affidavit of the applicant filed, &c., whereby it appears that the applicant has not received or paid any sum or sums of money as such prov. off. liq., Let the applicant be discharged as such prov. off. liq., and let the recognisance, &c., be vacated. Tax the costs, charges, and expenses of the applicant as prov. off. liq. properly incurred from the date of his appointment up to and including this order, and also the costs of the petitioner of the application to appoint the said prov. off. liq. and consequent thereon, And let such costs, charges, and expenses be paid out of the assets of the said co. as and when the judge shall direct. National Funds Ass. Co., Bacon, V.-C., 21 April, 1877. B. 928. Upon the application of W., late prov. off. liq. of co., and upon Form 308. hearing the solors. for the applicant and for C., the liquidator of the Order for said co., and upon reading the order dated 5 June, 1877, the office copy payment to late proof the recognisance hereinafter mentioned, the chief clerk's certificate, visional dated 8 August, 1877, Let the said C., the liquidator of the said co., liquidator of out of the assets of the said co. pay to the said W. the sum of 537. 19s. 1d. the balance by the said certificate certified to be due to him as prov. off, liq. of the said co., And Let the recognisances dated, &c., and entered into by, &c., be vacated. Lyttle's Iron Agency, Limd., 9 August, 1877. B. 1488. In the above case a supervision order had been made after the appointment of a provisional liquidator. certified balance. Summons to proceed with winding up. Formal parts: see infra, Form 313. On the part of A. the petitioner in the order in these matters dated Form 309. the day of named, to proceed with the winding up of the above-named company under the said order. Under Rule 7, a copy of the winding-up order, certified to be a true copy thereof as passed and entered, is to be left by the petitioner at the chambers of the judge, within 10 days after the same has been passed and entered. And upon such copy being left, a summons as above is to be taken out and served upon all parties who may have appeared upon the hearing of the petition. The certificate should be written at the foot of the copy order thus: Summons to proceed. We [or, I] certify, that the above is a true copy of the original order Form 310. as passed and entered. Dated this day of 18-. Certificate that copy order true. Solicitors for the petitioner. As to what may be done upon the return of the summons, see Rule 7 above mentioned. Upon the return the chief clerk usually fixes a day for the appointment of the official liquidator, and directs notice thereof and also of the windingup order to be advertised, and settles and signs the forms of advertisement, and the proceedings are then adjourned. ADVERTISING WINDING-UP ORDER. In the High Court of Justice. Chancery Division. In the matter of the Companies Acts, 1862 and 1867. By an order made in the above matters by the Master of the Rolls [or by the Vice-Chancellor Sir -], dated the day of on the Form 311. Form 311. petition of past tense]. it was ordered [here set out the whole of the order in the Under Rule 6, every order for winding up by the Court, or subject to supervision, is, within 12 days after the date thereof, to be advertised by the petitioner once in the London Gazette, and is to be served upon such persons (if any) and in such manner as the Court may direct. See Buckley, 476. The signature of the solicitors must be attested and the original order or an office copy has to be produced at the London Gazette office. The advertisement must be written on stamped forms. As to staying advertisements pending an appeal, see Form 565. Form 312. Order extending time for advertising winding-up order. Upon motion &c., for C., the petitioner named in the order made on the 6th May, 1876, for the winding up of the above-named company, and upon reading the said order, This Court doth order that the time. limited for the advertisement of the said order, dated the 6th May, 1876, in the London Gazette, pursuant to the general order of this Court, be extended to the 19th of May, 1876. Percy, &c., Co., Limited, Bacon, V.-C., 17 May, 1876. B. 889. Sometimes by accident or otherwise the advertisement is not inserted within the twelve days. In such case an order as in Form 312 can be obtained on summons supported by an affidavit explaining the omission. Let all parties concerned attend at my chambers [state where; as:] in the Roll's Yard, Chancery Lane, Middlesex, on, the 188-, at day of o'clock in the -noon, on the hearing of an application on the part of [state on whose behalf the application is made], that [state the nature of the application.] Dated this day of 188-. George Jessel, Master of the Rolls, or [Name of Judge], Vice-Chancellor. This summons was taken out by A., of in the county of Middlesex, solicitor for the applicant. To [insert the names of the solicitors or persons (if any) to be served with the summons]. |