machinery, tools, stock and effects therein. J. and A. Blyth, Limd., Form 457. Hall, V.-C., 30 Mar. 1878. A. 631. For orders for sale subject to or, with consent of incumbrancers, free from incumbrances, see Forms 366 et seq. For order directing liquidator to concur in sale by trustees for debenture holders, see Forms 249, 372, et seq. indemnity as Upon the application of the off. liq. of co., and upon hearing counsel Form 458. for the applicant and for and (hereinafter called the Order giving guarantors) and the solicitors for the L. Bank, and upon reading, &c., effect to And the judge being of opinion that the guarantors are entitled to the right to benefit of the indenture of mortgage dated 1 Aug. 1877, and made, &c., guarantors for whereby the property of the said co. was charged in their favour with company. the payment of 8,0007., together with interest thereon as therein mentioned: Let the said off. liq. pay to the said L. Bank the sum of 8,6547., being the amount of the liability of the guarantors in respect of the said indenture, and which amount is payable to the said L. Bank by virtue of a guarantee bond dated 18 Aug. 1876, from the guarantors to the said L. Bank: And let the said off. liq. be at liberty, with the sanction of the judge, to raise the amount required to discharge such liability upon the assets and property of the said co. in such manner as the judge may direct, And let the costs of the guarantors and L. Bank of and relating to this application and consequent thereon be taxed by the taxing master as between solicitor and client, and be paid out of the assets of the said co. as and when the judge shall direct. The Norton Iron Co., M. R., 25 July, 1878. B. 1601. Liberty to attend. See rules 60, 61, & 62, of the General Order of Nov. 1862. creditors to attend. Upon the application of B. & S. trading, &c., of, who have Form 459. been admitted as creditors of the above-named co., and upon hearing Liberty to the solicitors for the applicants and for the liq. of said co., and upon reading an order dated 1 July, 1874, and an order dated 2 August, 1877, Let the said B. & S. be at liberty at their own expense to attend the proceedings before the judge under the said order dated 1 July, 1874, and upon the terms and conditions mentioned in the 60th Rule of the Order of Court dated 11 Nov. 1862, And order the said B. & S. to pay to the said A. the liquidator, one guinea for the costs of this application. Norwich Provident Co., Bacon, V.-C., 21 May, 1878. B. 1241. For order in favour of a person claiming to be a creditor, see Harwich Harbour Co., Hall, V.C., 6 May, 1878. A. 867. E E Form 460. Liberty to contributory to attend. Upon the application of W. of, a contributory, &c., Let the said W. be at liberty at his own expense to attend the proceedings before the judge in these matters, And Let the said W. upon payment of the costs occasioned thereby have notice of all such proceedings as he shall by written request desire to have notice of. Cape Breton Co., Malins, V.-C., 9 Mar. 1878. A. 423. Form 461. Liberty to debenture holders. Upon the application of W. L. and B. L. respectively, as holders of A debentures of the above-named co., &c., Let the applicants be at liberty to attend all proceedings in the winding up of the said co. relating to the sale and disposition of the assets of the said co. comprised in the indenture of 14 Dec. 1875, and all proceedings relating to the payment or other dealing with the proceeds thereof, And Let the costs of such attendances, including the costs of both the said applications, be added to the applicants' securities, and the principal and interest due on their debentures, And Let notwithstanding the said order of 17 Ap. 1877, the purchase-money be paid into the Bank of Eng. to the credit of the off. liqs. of said co. to an account to be intituled "The Mortgage Trust Account," And let no part of such money be paid out without notice to the said W. H. & B. L. Hooper's Telegraph Works, M. R., 14 June, 1877. A. 1171. For order giving executors of will of creditor liberty to atten1 proceedings relating to sale of assets, see Central American File Co., Hall, V. C., 21 May, 1878. A. 1854. Form 462. Appointment to attend. Upon the application of M. & H., contributories of the above society whose names are comprised in schedule A. in the printed statement of of committee the off. liq., being the exhibit A to the affidavit of such off. liq. filed 22 April, 1873, in support of his proposal for a call of 257. per share, that the said M. or some other contributory named in the said schedule might be appointed to represent the class of contributories contained in the said schedule in all further proceedings relating to the winding up of the co. at the expense of the estate, and upon hearing the solicitors for the applicants and for the said off. liq. and for the Co. having liberty to attend proceedings, and upon reading the order, &c., Let G. & the applicant M. be appointed to represent before the judge at the expense of the said society the contributories of the said society upon any question as to a compromise with any of the contributories or creditors of the said society or in or about any other proceedings relating to the winding up of the said society, And Let the said G. and M. unite in employing the same solicitor to represent them as aforesaid. International Life Assurance Society, Malins, V.-C., 29 Nov. 1873. A. 2983. Upon the application of T. & H., the liqs. of co., & upon hearing the Form 463. solicitors for the applicants & for G. & K. the members of the Com- Remuneration mittee of Supervision in the winding-up of co., Let liqs. out of the of committee. monies in their hands belonging to co. pay 100l. to said G. & K. respectively as a remuneration for their services as members of such Committee of Supervision from 31 Dec. 1875, to 31 Dec. 1876. Overend & Gurney Co., 18 Ap. 1877. 705 B. Upon the application of C. & G., &c., Let the said C., G., & D. be Form 464. appointed at the expense of the co. to represent the holders of fully Committee of paid-up shares in the said company in and about the application in the contributories. above matters that the off. liq. might be directed to bring in a supplemental list of contributories comprising the holders of fully paid-up shares in the said co., in order that a call might be made to adjust the rights of contributories among themselves and in about or concerning all proceedings and matters incident to the said application and consequent thereon, And costs of applicants of and incident to the application to be paid by off. liq. out of assets of co. Copper Miners Co., Malins, V.-C., 15 Mar. 1875. A. 2078. Upon the application of the executors of L., deceased, &c., Let Mr. H. Form 465. V. of, &c., solicitor, be appointed creditors' representative in the above Appointment tive for matters for the purpose of attending the taxation of the costs both of the of creditors' prov. and off. liq. in the above matters other than the costs of such off. representaliq. relating to the conservation and realisation of the property of the limited said co. situate in the county of C., And Let the costs, charges, and purpose. expenses of the said H. V. of and incident to such taxation and of this application be taxed, and when so taxed be paid by the said off. liq. out of such assets of the said co. (if any) as may be available for that purpose, And Let the costs of the applicants of this application be paid by the off. liq. and be included and allowed in his own costs, And let the costs of the off. liq. of this application be costs in the winding-up. Cornish Consolidated, &c., Corporation, Malins, V.-C., 11 April, 1878. A. 724. Formerly a creditors' representative was very commonly appointed, but now such an appointment is rarely made except for some limited purpose. See MacIver's Claim, 5 Ch. 424. Service of Summonses, &c. Service within the Jurisdiction. Rules 63 and 64 provide for the service upon creditors and contributories of any notice summons or order by post. See further, Buckley, 492. As to service of winding-up petition, see supra, Form 272, et seq. Form 460. Liberty to contributory to attend. Upon the application of W. of, a contributory, &c., Let the said W. be at liberty at his own expense to attend the proceedings before the judge in these matters, And Let the said W. upon payment of the costs occasioned thereby have notice of all such proceedings as he shall by written request desire to have notice of. Cape Breton Co. Malins, V.-C., 9 Mar. 1878. A. 423. Form 461. Liberty to debenture holders. Upon the application of W. L. and B. L. respectively, as ho Upon the application of Te solicitors for the applic mittee of Supervision inmonies in their hands tively as a remuneration f of Supervision from Co., 18 Ap. 1877. 71 And Let 14 Form 468. persons to pectively. Addresses. Upon the ap appointed at the ce paid-up shares in the above matters that mental list of shares in the said to rights of co all proceedings a quent there to be paid of. V.-C., 15 Mar 1RT r. 1879. B. 562. Upon the apet: V. of, & matters for prov, and of liq. relatie: 2said ear expenses of application of saci post, Ane the of Coete Cornan Em tion with prove. co., Let the said liqs. be at liberty Form 469. mes are set forth in the 2nd column Liberty to tively claim to be creditors of the said serve creditors isdiction of this court, with notices to out of jurisdiche unadmitted parts thereof respectively peremptory their affidavits in support thereof, and to notice to the solicitors for the liqs. of the said 877, and to attend at the chambers of the Chancery Lane, in the County of Middlesex, May, 1877, at 11.30 of the clock in the forepointed for hearing and adjudicating on the said sending such notices together with a copy of this re-paid letter addressed to the said several persons ing to their respective addresses as appearing opposite ctively in the third column of the said schedule, such ed on or before the 20 April, 1877: And order that such aed good service upon such persons respectively. 724. |