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thereof into Court out of the assets of the said co. Hockley Hall Col- Form 435. lieries Co., Malins, V.-C., 8 Dec. 1877, A. 2185.

Upon the application of the off. liq., &c., Let the debt or sum of Form 436. 4057. 12s. 10d. claimed by the said L. and allowed by the said certifi- Another. cate be expunged from the said certificate and disallowed on the ground that the said L. has received monies of the co. more than equal to the amount of the said debt, And let the off. liq. be at liberty to prove against the estate of the said L. for the balance of the said sum of 1000l. received by him with interest at 4 p. c. p. a. from 21 April, 1873, after deducting the said sum of 405l. 12s. 1Cd., And costs of off. liq. of application to be costs in the winding-up. Air Gas, &c., Co., Hall, V.-C., 11 March, 1878. A. 475.

Form 437.

to vary

Upon the application of M., F. & W., persons named in the list of contributories in these matters, and upon reading, &c., Order that the Order giving applicants be at liberty to give notice of motion in these matters that so contributories much of the said certificate of the chief clerk, dated the 15th and filed liberty to move the 22nd of Feb. 1877, as certifies the allowance of a debt of C. of certificate. solicitor, may be varied by disallowing the said debt, And that the costs of this application be dealt with on the said motion. Severn Junction Railway Co., 22 June, 1877, B. 1140.

Liberty to prove after time expired.

Formal parts: see supra, Form 313.

On the part of A. of that notwithstanding the time limited for making claims has expired he may be at liberty to make and establish his claim as a creditor of the said company for the sum of -1.

A creditor or claimant who does not come in at the proper time must explain his conduct, e. g., by showing that he did not see the advertisements or know of the winding-up, but if he can give some reasonable explanation the court will allow him to come in and take a dividend out of the undivided assets. See as to the practice in such cases in administration actions, Dan. Pr. 1096; Morgan, 140. In re Metcalfe, 13 C. Div. 236. The application should be supported by affidavit.

Form 438.

Summons for liberty to prove after time expired.

Upon the application of W., that notwithstanding the chief clerk's Form 439. certificate as to debts and claims in these matters has been made, the Order giving debt or claim of the said W. against the co. be now allowed at the sum liberty to prove

after time expired.

Form 439. of 861. 13s. 4d. as a debt not carrying interest, and upon hearing the solicitors for the applicant and for N. the off. liq. of co., and upon reading, &c., Order that notwithstanding the said chief clerk's certificate the applicant be allowed to stand as a creditor of the said co. for the sum of 801., a debt owing to him by the said co. not carrying interest, but in any further distribution of the assets of the said co. among the creditors and before any payment is to be made to the applicant in respect of the debt allowed as aforesaid, regard is to be had to the fact that the applicant is now subject to liability as a contributory of the said co., And let the applicant pay to the said W. as such off. liq. the sum of 21. 28. Od. for his costs of the application. Monte Loreto Gold, &c., Co., Hall, V.-C., 8 May, 1877. B. 1049.

Form 440.

Summons for liberty to pay dividend to creditors.

Dividends to Creditors.

Formal parts: see supra, Form 313.

On the part of the official liquidator of the above-named company that he may be at liberty to pay, &c. [as in Forms 441, et seq. infra].

When the chief clerk's certificate has been filed and the time for applying to vary the same has passed, the official liquidator will, if and when he has sufficient funds in hand, apply for liberty to pay a dividend to the creditors.

The application should be supported by the official liquidator's affidavit, which should show that the assets are more than sufficient to pay the proposed dividend and to provide for the costs of the winding-up.

Liberty to pay a dividend is sometimes given where some claims still remain in dispute, but in such case the liquidator must show that the assets retained will be more than sufficient to pay the dividend on the disputed claims as well as the costs of winding-up. It would seem that if a secured creditor does not abandon his security or value it [see infra, p. 404] and come in and prove for the balance, the official liquidator is not bound to make a reserve to meet any claim that may subsequently be made by him. Ex parte Good, In re Lee, 14 C. Div. 82.

Form 441.

dividend.

Upon the application of the off. liq. of co., and upon hearing the soliOrder giving citors for the applicant, and upon reading an order, &c., the chief clerk's liberty to pay certificate dated, &c., an affidavit of the off. liq. filed, &c., and the exhibit A. therein referred to, Let the off. liq. out of the assets of the said co. pay to the several persons named in the first column of the schedule hereto, being creditors of the said co. named in the said chief clerk's certificate, filed the the several sums of money set opposite their respective names in the fourth column of the said schedule: such sums being a dividend of 10s. and five-eighths of a penny in the pound upon the amount of the debts due to such

of

respective creditors as mentioned in the third column of the said Form 441. schedule.

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Brighton Clarendon Hotel Co., M. R., 5 Aug. 1878. A. 1570.

Another.

Upon the application of C., the off. liq., &c., Let the applicant out of Form 442. the assets of the said co. pay a dividend of 1s. in the pound to the several creditors named in the 1st and 2nd parts of the 1st schedule to the chief clerk's certificate dated, &c., upon the amounts of their respective debts therein mentioned. General Sewage & Manure Co.,

M. R., 7 May, 1878. A. 931.

Another.

Upon the application of the off. liq., &c., Let the said off. liq. pay Form 443. to the several creditors named in the chief clerk's certificate dated 15 Feb. 1876, and in the schedule hereto, out of the assets of the said co. the sums set opposite to their respective names in the said schedule in the 7th column thereof, being the amount of the final dividend and interest due to them in respect of their said debts.

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Upon the application of the off. liq., &c., Let off. liq. out of assets of co. pay to the several creditors of co. named in the chief clerk's certificate dated, &c., whose debts have been allowed, other than B., the balance due to them respectively on account of their several debts after bringing into account the dividend of 10s. in the pound upon the amount of such debts paid under the order dated, &c., And let the off. liq. also pay to G. one of such creditors interest at 4 per cent. per annum upon 1357. 78., the principal of his debt, as from the 9th of November, 1877, down to the date of payment: And as to the debt of B., order that the off. liq. do out of the assets of the said co. pay the balance due in respect of such debt to V. the assignee of the said debt named in the said order of the 27th of May, 1878. Lyttle's Cast Steel Co. Limd., Hall, V.-C., 27 July 1878. 1541 B.

Form 445.

Liberty to pay dividend

making reserve for disputed claims.

Upon the application of W., the liq., and upon hearing counsel for the liq. and for B. and C. the plts. in an action of, &c., Order that notwithstanding the claim of the plts. in the said action against the co., the liq. be at liberty to declare and pay a first dividend not exceeding 8s. in the 7. upon the debts and claims against the co. which have been allowed by him at the date of this order, amounting to 67,9217. 16s. 9d.: Provided that the applicants do reserve out of the assets of the co. a sum sufficient for the payment of a like dividend upon the sum of 37,714%. referred to in his said affidavit and upon the sum of -7. in respect of

the claim of the said B., Liq. to be at liberty to retain his costs out of assets: Costs of B. and plaintiffs to be reserved until further order. Hopkins, Gilkes, & Co., M. R., 10 Dec. 1879. A. 2415.

Form 446.

Affidavit by official liquidator.

Payment of Debts incurred by Official Liquidator.

Formal parts: see supra, Form 315.

-1.

1. I have been requested by Messrs. D. to pay them the sum of in respect of services rendered by them to the said co. whilst in liquidation, the particulars of which are set forth in the paper writing now produced and shown to me and marked A.

2. I have examined the above claim, and to the best of my judgment it is just and ought to be paid in full out of the assets of the said co.

In the course of a winding-up, debts are from time to time incurred which ought to be paid in full, e. g., valuations, repairs, rent, materials supplied, costs, &c., and where no general order has been made giving the requisite authority, the liquidator must from time to time apply for liberty to pay such debts. In many cases no order is drawn up on such applications, but the summons is indorsed with a note that the liquidator may pay and is to be allowed the amount in his next account.

As to payment in full of creditors entitled to levy execution or distrain, see

infra p. 433.

Sometimes, instead of directing payment, such persons are permitted to issue execution or distrain. Ibid.

Upon the application of the off. liq., &c., Let the said off. liq. out of Form 447. the assets of the said co. pay to the said V. the sum of 1,0297. 4s. 3d., Liberty to the amount of rent and royalties due to him on the 31st March, 1877, in pay rent. respect of property leased to the said co. situate at, &c. Darlaston Steel & Iron Co., M. R., 16 June, 1877, A. 1127. See also Forms 356 et seq. and 503 et seq.

For order giving off. liqs. liberty to pay the salaries of the clerks employed at the different branches of the co. for the purposes of the winding-up, see West of England, Sc., Bank, Fry, J., 7 July, 1879. B. 1421, and sec Forms 356, 357.

Upon the application of F. the liq. of co. by summons dated 20 July, Form 448. 1877, and upon hearing the solicitors for the applicant and for the over- Liberty to seers of Darlington, and upon reading an order in these matters dated pay rates. 7 July, 1877, Let the said liq. be at liberty out of the assets of the said co. to pay to the overseers of Darlington the sum of 2121. 7s. 24d., being the amount of the poor-rate made and allowed on the 1st of May, 1877, in respect of the co.'s premises (retained in beneficial occupation of the liq.), and that the said liq. be allowed the same in his accounts of receipts and payments, And let the said liq. pay the sum of 21. 2s. to L. the solicitor of the said overseers of D., being the amount of their ascertained costs of this application. South Durham Iron Co., Hall, V. C., 3 Aug. 1877. B. 1476.

Upon the application of G., the off. liq., &c., Let the said G. as such Form 449. off. liq. be at liberty to pay out of the assets of said co. to the several Liberty to persons named in the 1st column of the schedule to this order the several pay costs, &c. sums set opposite to their respective names in the third column of the same schedule.

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Governor and Co. of Copper Miners, Hall, V.-C., 20 Dec. 1877, A. 2295.

See supra, Note to Form 446.

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