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Form 366. to the sale hereinafter directed in respect of their incumbrances. And Let the real and leasehold estate, chattels and effects of the said co., consisting of the A. Palace buildings and grounds, and their contents, be sold with the approbation of the judge, free from the incumbrances (if any) of such of the incumbrancers as shall consent to the sale, and subject to the incumbrances of such of them as shall not consent, and let the money to arise by such sale be paid into the Bank of Eng. to the credit of the account of the off. liq. of the said co. ; and if such money or any part thereof shall arise from property sold with the consent of incumbrancers the same is to be applied in the first place in payment of what shall appear to be due to such incumbrancers according to their priorities, and any party interested is to be at liberty to apply at chambers as he may be advised. Alexandra Palace, Malins, V.-C., 15 Dec. 1876.

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Upon the application of the off. liq. of co., &c., Let the said off. liq. of said co. be at liberty to sell the property of the said co. situate in the Island of Jamaica, and contracted to be purchased from by the said agreement dated, &c., but such sale is to be subject to the conditions of sale which have been approved by the judge and are identified by the signature of the chief clerk of the judge to a memorandum in the margin thereof. Jamaica Fibre Co., Hall, V.-C., 13 July 1878. A. 1459.

Form 368.

Order for sale

Upon the application of the prov. off. liqs. of co., and upon hearing the solicitors for the applicants, and for the co., and for -[the plainof incumbered tiffs in action by debenture holders], &c. Order that the said prov. off. property. liqs. do forthwith sell the real and personal property and effects of the said co., with the approbation of the judge, free from the incumbrances (if any) of such of the incumbrancers as shall consent to the sale, and subject to the incumbrances (if any) of such of the incumbrancers as shall not consent. And let the purchase money arising from such sale be paid by the respective purchasers into court to the credit of the matter of Waynes, &c., Co., to an account intituled "Proceeds of Sale." Waynes, Merthyr, &c., Co., Malins, V.-C., 7 Dec. 1876. B. 1949.

Form 369.

Liberty to sell chattels,

Upon the application of D., the off. liq. of the co., &c. Let the said off. liq. be at liberty to sell to H., of, the plant and stock of the said co. set out and described in the inventory signed by the said H. (being the exhibit to the affidavit of the said D. above referred to), at and for the sum of 3151. Heliotype Co., Bacon, V.-C., 2 May, 1877. A. 789.

Liberty to sell

Upon the application of the off. liqs., &c. Let the off. liqs. be at Form 370. liberty to offer for sale by public auction without reserve (but subject to the conditions of sale already approved by the judge), at B., the barque ship. called, &c., which prior to the suspension of the Bank was mortgaged by C. to the Bank for the purpose of securing, &c. Costs of application to be costs in winding up. West of England Bank, Fry, J., 5 July 1879. B. 1422.

For order giving official liberty to carry out contract for the sale of the book debts owing to the company by persons residing in India, see James Anderson & Co., Hall, V.-C., 1 May, 1879. A. 920.

Upon the application of G., the liq., &c., order that the conditional Form 371. contract entered into between the said liquidator and B., of, for Approval of the sale of, &c., be carried into effect, And the said B., declaring him- conditional self content with the title to the premises, order that the said B. contract for pay sale. into court to the credit of the R. Co. Limd. the account of the liquidator of the said co., the sum of 2,5007., being the purchase money as agreed for the company's rights and interests in the said mines, and that upon such payment being made the said B. may be let into immediate possession of the said rights and interests, And order that upon such payment being made the said liquidator do join in and execute a proper assignment under the seal of the said co. of such rights and interests to the said B., his exs. or ads., such assignment to be settled by the judge in case the parties differ about the same. Ramsgill Mining Co., Hall, V.-C., 26 May 1877. B. 946.

Upon the application of the official liquidator, &c., and the judge Form 371a. being of opinion that the four several indentures hereinafter mentioned are Approval of fit and proper deeds to be executed by the applicant, and that it is fit conveyances. and proper that the seal of the company should be affixed thereto. It is ordered that the applicant be at liberty to execute such indentures accordingly, and also to affix the seal of the said co. to the same. Several four indentures being made between the several persons as parties thereto hereinafter mentioned, that is to say,

1. The conveyance of the Alexandra Palace Estate made between, &c. 2. The conveyance of the land at, &c., made between, &c.

3. The conveyance, &c.

4. The assignment, &c. Alexandra Palace Co., Malins, V.-C. 3 Aug. 1877. A. 1556.

Upon the application of the liquidator, &c., and upon hearing the Form 372. solicitors for the applicant and for

and trustees for the debenLiberty for off. ture holders, and upon reading, &c. Let the applicant be at liberty to liq. to concur concur in the sale of the property directed by an order made in the in sale ordered

in action by debenture holders, and

direction that company's chattels to be put up for sale at same time.

Form 372. action of Vickerman v. The Bonville Court Coal Co., 1877, v. 39, and dated 7th February, 1878; And let the property of the said co. other than the property mentioned in the said indenture be sold at the same time and place as the property directed to be sold by the said order; And let the monies to arise by such sale be paid into court to the credit of the said action of ——, And let so much of the purchase-money to be paid into court to the credit of the said action as is attributable to the property sold under this order, and not included in the said order of the 7th February, 1878, be distinguished from the purchase-money arising from the property sold under the said last mentioned order. Bonville's Court Coal, &c., Co. Hall, V.-C., 22 Feby. 1878. A. 440.

Form 373.

Direction to

liq. to concur

in sale by trus

tees for deben

ture holders.

Upon the application of B., G. and C., the trustees for the debenture holders of co. and mortgagees of the L. Collieries under a certain indenture, dated, &c., and upon hearing the solicitors for the applicants and for the liquidators of the said co., &c., Let the contract dated 4 Dec., 1877, for the sale of the property comprised in the said contract, forming part of the property of the said co. be confirmed, And Let all necessary and proper parties join in and execute all deeds necessary to give effect to the same, to be settled by the judge in case the parties differ, And Let the applicants pay to the said C. & L., as the said liquidators, their costs of and occasioned by this application and consequent thereon, and of executing the necessary deeds assigning the property to the purchaser, to be taxed by the taxing master in case the parties differ about the same, Llanganneck Collieries Co. M. R., 13 Dec. 1877. B. 2062. See Form

249.

Form 374.

Liberty to assign last days of terms.

Form 375.

Order giving liquidators liberty to

Upon the application of K. & B., the trustees for the debenture holders of the above-named co., and upon hearing, &c., Order that the off. liq. of co. do concur in the assignment or assignments to the purchaser or purchasers from the applicants of the property included in their mortgage, dated 5 Feb., 1875, in the said order of 3 Ap., 1876, mentioned, or any part or parts thereof, for the purpose of vesting in such purchaser or purchasers the last days of the respective terms created by the leases of the same property, and the options of purchasing the freehold of such property contained in such leases respectively, and that the said off. liq. do convey, assign, demise, and assure, or join in conveying, assigning, demising, and assuring the property included in the said mortgage in such manner as the applicants may direct. Globe, &c., Co. M. R., 4 May, 1877. A. 906.

Upon the application of J. & T., two of the liquidators of the abovenamed co., and upon hearing the solicitors for the applicants and for the committee of creditors of the said co., and upon

&

reading the orders dated respectively the 16th of Feb. 1877 and the 1st Form 375. of March, 1877 It is ordered that the applicants be at liberty, either tender for jointly or severally, to tender for the purchase of the properties directed purchase of to be sold by the said order, dated 1 March, 1877, Brynmawr Coal Co., perty. Hall, V.-C., 13 Ap. 1877. A. 656.

Miscellaneous Authorities to Official Liquidator.

co.'s pro

Liberty to give

up company's office and take another.

Upon the application of - and the prov. off. liqs. of co. &c., Form 376. Order that the said liquidators be at liberty on or before the 24th March, 1877, to give up possession of the offices of the said co., at No. Lombard Street, in the City of London, and that they be at liberty to take other offices for the purposes of the winding-up, at a rent not exceeding 1507. per annum, and that they be at liberty to sell so much of the furniture and fittings at present in use at the said offices in Lombard Street as they may deem proper or necessary. Telegraph Works, M. R., 21 March, 1877. A. 523.

Hooper's

manager.

Upon the application of the off. liqs. &c., Let the applicants be at liberty Form 377. to continue the employment of the said H. as manager of the works Liberty to belonging to the said co. at a salary of 400l. per annum during the continue carrying on of the said works, or until further order; such employment to be determinable upon a week's notice in the event of the company no longer having need thereof, And it appearing that the said off. liqs. continued the employment of Mr. W., the late secretary of the said co. up to the 16th May, 1877, at a salary of 3251. p. a., the judge doth approve of the same. Hooper's Telegraph Works, M. R., 5 June, 1877. A. 1037.

manager.

Upon the application of the off. liqs., &c., Let the said off. liqs. be at Form 378. liberty, subject to his giving to their respective satisfaction security to Liberty to the amount of not less than 2007., to appoint S., now residing at Cape appoint Breton, Nova Scotia, in the Dominion of Canada, local manager of the works and property of the said co., at Cape Breton aforesaid, subject to one month's written notice to quit on either side, at a salary of 1507. per annum, to commence from the 1st June, 1878, in the place of N., who has resigned his appointment as manager of the said works and property. Cape Breton Co., Malins, V.-C., 23 May 1878. A. 983.

Let the off. liqs. of co. be at liberty to employ C., the late secretary Form 379. of co., to prepare and investigate certain accounts and other papers the use of counsel: And let the remuneration to be paid to the said

CC

Liberty to off. liqs. to employ

Form 379. C. be fixed in chambers. Auvergne, &c., Co., Fry, J., 7 Ap. 1879, A. 691.

secretary to

prepare

accounts.

Form 380.

Appointment of surveyor to distinguish fixtures from chattels.

Upon the application of the off. liq., &c., Let Mr. L., of the firm of auctioneers and surveyors, be appointed as a person to report to the judge which, if any, of the valuables included in the particulars A. referred to in the contract for sale dated &c., to the L. F. Association, are comprised as fixtures or otherwise in the mortgage dated &c., and which of the other valuables belong to the said off. liq., distinguishing those of them which are subject and those (if any) of them which are not subject to the distress of the said mortgagees: And let the question by whom and out of what fund the fees and disbursements of the said L. and the costs of this application are to be borne and paid be reserved. Alexandra Palace Co., Malins, V.-C., 15 March, 1877. A. 430.

Form 381.

Upon the application of the liq., &c., and upon reading [supervision Another form, order, &c.], Let Mr. F. of be and he is hereby appointed to determine what chattels situate upon the property comprised in the mortgage to B. and others dated &c. are and what are not fixtures: And let the costs of the said B. and others the mortgagees be ascertained in chambers and added to their securities, but in such costs the attendance of counsel is not to be allowed. Forest of Dean Coal Co., M. R., 20 July, 1877. A. 1599.

Form 382. Liberty to

Upon the application of the prov. off. liq., &c., Let the said prov. off. liq. be at liberty to employ Messrs., to make an inventory and valuation of all the stores and loose gear and other moveable property in have inventory and valuation or about the wharf premises of the said co. and not being fixtures, and let the costs of such inventory and valuation be costs in the windingButler's Wharf Co., 22 Oct. 1878, Hall, V.-C. A. 1881.

of chattels

made.

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up.

Form 383.

Liberty to sue debtors and

sell stock-in

trade.

Upon &c., Let the said B. as such prov. off. liq. be at liberty to take such proceedings against the persons being debtors of the said co. named in the schedule hereto, as he may be advised, to recover payment of the debts due from them to the said co. : And let the said B. as such liq. as aforesaid be at liberty to sell the stock-in-trade of the said co. or such part thereof as he may think it advisable to sell. Tea Co., Hall, V.-C., 1 Mar. 1878. B. 531.

Form 383a.

Let the applicants as such off. liqs. be at liberty, in all cases in which General liberty they are jointly of opinion that the estate of the bank will be benefited

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