Form 421.

secretary of a

2. The N. Co. above-named was, at the date of the winding-up order herein, and still is indebted to the B. Co. in the principal sum ofl., company prov- upon and by virtue of the several bills of exchange mentioned and set ing debt due to forth in the schedule hereto.

his company.

3. The consideration for the said bills of exchange in the hands of the B. Co. was money to the full amount thereof less discount thereon advanced and paid by the B. Co. to the holder or holders thereof.

4. It is within my knowledge as such secretary as aforesaid that such debt was incurred as and for the consideration above stated, and the same to the best of my knowledge and belief still remains unpaid and unsatisfied.

5. The said B. Co. hath not nor have I nor hath nor have any other person on its behalf or by its order, or to my knowledge or belief for its use, had or received any security or satisfaction whatever for the said sum ofl. or any part thereof, save and except the said several bills of exchange specified in the schedule hereto; but the whole of the said sum ofl., together with interest on the respective amounts of the said several bills of exchange from the days on which they respectively became due, still remains justly due and owing to the said B. Co. from the said N. Co. upon and by virtue of the said several bills of exchange herein before mentioned.

Form 422.

Affidavit by official liqui

Formal parts: see supra, Form 315.

I, J. C. of —, accountant, the official liquidator of the M. Co. Limited, make oath and say as follows:

1. By an order of the M. R., dated, &c., the M. Co. was ordered to debt due to be wound up under the provisions of The Companies Acts 1862 and

dator proving

2. By an order dated, &c., I was appointed official liquidator of the said M. Co.

3. It appears from the books and papers of the said M. Co. which

came to my hands as official liquidator thereof that the said C. Co. was, Form 422. at the date of the winding-up order herein and still is justly and truly

Affidavit to

prove debt due on debenture.

1. By a debenture dated the day of and under the common Form 423. seal of the above-named company the said company for the considerations therein expressed promised to pay me on the day of the sum of 1007., And the said company thereby promised to pay me interest on the said sum in the meantime at the rate of 107. per cent. per annum by equal half-yearly payments on the day of and

day of

in each year. The said debenture is now produced and shown to me, and is marked A.

2. The said company was, at the date of the winding-up order made herein, and still is justly and truly indebted to me in the sum of 1007., with interest thereon at the rate of 10 per cent. per annum from the day of —, upon and by virtue of the said debenture.

3. And I, speaking positively, &c.

Formal parts: see supra, Form 315.

1. The above-named company was, at the date of the order for wind- Form 424. ing up the same, and still is justly and truly indebted to me in the sum Affidavit of ——l. for work done and professional services rendered to the said proving debt company at its request, the particulars whereof are set forth in the paper writing now produced and shown to me marked with the letter A.

2. The charges in the said paper writing are fair and reasonable and such as are usual and customary in the profession of an accountant : as I know from having practised such profession for years last past. 3. And I, speaking, &c.

due to accountant,

Formal parts: see supra, Form 315.

1. The said company was, at the date of the winding-up order herein, Form 425. and still is justly and truly indebted to me in the sum of 1947. 78. 4d, Affidavit being the remuneration payable to me under and by virtue of the articles proving debt of association of the said company for services rendered by me as a director of the said company between the and the

of

2. And I, speaking, &c.

of

due to director for fees.

Form 426.

Affidavit

Formal parts: see supra, Form 315.

1. The above-named company was, at the date of the order for winding up the same, and still is justly and truly indebted to me and to my proving debt partner H. in the sum of 1057. for law charges and payments made on due to solicitor. behalf of the said co. in the matter of the conveyance and mortgage of certain land at and for professional advice and work done for the said co. as appears by the account now produced and shown to me marked with the letter N.

2. The charges in the said account are reasonable and such as are usual between solicitors and clients, as I know, &c.

3. I have not nor, &c.

Form 427.

Affidavit proving debt for goods sold and delivered.

Formal parts: see supra, Form 315.

1. The above-named company, &c., for goods sold and delivered by me to the said company.

2. The full particulars, &c.

3. The prices charged in the said paper writing marked A. are fair and reasonable and such as are usual and customary in the trade or business of an [iron merchant], as I know from having carried on the said trade or business for years last past.

4. And I, speaking, &c.

Form 428.

Affidavit to prove mortgage debt.

Valuation of security.

Formal parts: see supra, Form 315.

1. By an indenture dated, &c., now produced and shown to me and marked A. and made between the above-named company of the one part and myself of the other part, the said company granted certain freehold hereditaments, situate, &c., unto and to the use of me, my heirs and assigns subject to a proviso therein contained for the redemption of the said premises upon payment by the said company unto me of the sum of 10007, with interest for the same at the rate of 51. per cent. per annum on the day of - And by the said indenture the said company covenanted to pay me the said principal sum of 10007. and interest on the said day of and, in case the said principal sum should

:

not be paid on that day, then to pay me interest on the same sum after the rate aforesaid by equal half-yearly payments on the of and of

in every year.

2. The said company was, &c. [as in Form 423 mutatis mutandis]. 3. And I, speaking positively, &c.

4. I estimate the value of my said security at the sum of 6007., and I claim to be entitled to prove in the winding up of the said company for

the sum of .-, being the balance of the said sum of 1000l. and the Form 428. interest thereon after deducting the said sum of 6007.

As to valuing security, see infra, p. 413.

Upon the application of R. of, &c., and hearing the solicitors for the Form 429. applicant and for the above-named co., Let the time within which the Order giving applicant may file affidavits in reply to the affidavits filed by the off. time to file liq. of said co. in opposition to the claim of the applicant be extended to 23 July, 1877. Coal Consumers' Assoc., M.R., 13 July, 1877. A. 1327.

Where a creditor has been required to come in and prove his debt, he sometimes applies for further time to file his evidence, and if at the time fixed for adjudicating on the claim the evidence on either side is not complete, the matter is usually adjourned, but in such case the chief clerk generally fixes a time for closing the evidence. However, where this has been done, applications to extend the time may subsequently be made and will be granted if reasonable grounds are shown.

evidence.

Upon the application of the off. liq., &c., and upon hearing the Form 430. solicitor for the applicant and for T. H., Let the time for the applicant Another. to file evidence in answer to the evidence in support of the claim of the said T. H. be extended to the 25th of October next. Orrell Colliery Co. Ld., M. R., 3 August, 1878. 1548 B.

ticulars of

claim.

Upon the application of the above-named co. and upon hearing the Form 431. solicitors for the applicants and for the said S., Let the said S. within Order for 7 days after the service of this order deliver to the applicant further better parand better particulars with dates and items of the claim of the said S. in these matters; And order that the time within which the applicants are to file evidence in opposition to such claim be extended to 21 days after the delivery of the aforesaid particulars; And that the time within which the said S. is to file evidence in reply be extended for seven days after the evidence in opposition has been filed; And order that the costs of this application be costs in the matter of the said claim. Retford Waggon Co. Ld., M. R., 18 May, 1878, 1020 B.

This order was made in a voluntary winding-up, but similar orders are sometimes made in compulsory liquidation.

Summons to admit.

Sometimes if there appears to be unnecessary delay in admitting a claim, or if a claimant desires to bring matters to a speedy issue, it is considered desirable to take out a summons as follows:

Form 432.

Summons to admit.

Formal parts: see supra, Form 313.

On the part of N. of that the off. liq. of the above-named co. may be ordered forthwith to admit the applicant as a creditor of the said company for [

1.].

[Or for such an amount as shall be ascertained to be the damages sustained by the applicant by reason of the non-delivery, &c., and that all necessary inquiries for the purpose of ascertaining such damages may be directed.]

See Ebbw Vale Co.'s claim, 8 Eq. 14.

The following order was made on such a summons:

Form 433.

Order to admit.

Upon the application of Messrs. W. H. Smith & Son, &c., Order that the claim of the said W. H. Smith & Son be allowed at the sum of 2507. together with 107. 10s. Gd., the ascertained costs of proving the same. South Wales Atlantic, &c., Co., M. R., 24 Jan. 1878. B. 171.

Form 434.

Another order to admit.

The application of the Bank of L., &c., adjourned into Court and now coming on, &c., Order that the applicants be allowed as creditors of the said co. for the said sum of 24697. 11s. 6d., And let the costs of the Bank of L. of this application and of the adjournment thereof into Court be allowed out of the assets of the said co., such costs to be taxed, &c., in case the parties differ. General South American Co., Malins, V.-C., 24 Nov. 1877. A. 2222. See 7 C. D. 637.

Certificate of Debts and Claims.

Rule 28 provides that the result of the adjudication upon debts and claims is to be stated in a certificate to be made by the chief clerk, anl that certificates as to any of such debts and claims may be made from time to time.

For form of certificate see No. 22 in Schedule to Rules.

As to taking the opinion of the judge on the certificate, see Morgan, 129; Dan. Pr. 1218; Dan. Forms, p. 679: the application must be made within four clear days after the certificate has been signed by the chief clerk. Morgan, 153.

As to applications to vary the certificate, see Morgan, 129; Dan. Pr. 1222; Dan. Forms, p. 680. The application (usually by summons) must be made within eight clear days after the filing of the certificate. Morgan, 130.

Form 435.

Order to vary certificate.

Upon the application of W. to vary the chief clerk's certificate, filed, &c., Let the chief clerk's said certificate be varied by striking out of the 4th column of the 1st schedule thereto the figures 156l. 58. Od., as the amount of the debt of the applicant, and inserting the sum of 2967. 58. 6d. in lieu thereof, and by striking out, &c., And let the said off. liq. be allowed his costs of this application and of the adjournment