this action be stayed until the hearing of the said petition. Osborn v. Form 478. Derbyshire, &c., Co., Q. B. Div. Order at Chambers, by Field, J., 4 July, 1879.

Upon the application of off. liq., &c., Let C. be restrained from further Form 479. proceeding against the off. liq. in the commercial court of the island of Order restrainMalta with reference to a sum of 1,0007. deposited, &c., Costs of said ing proceeding in foreign proceeding in Malta and of application to be reserved. General Works court. Co., Bacon, V.-C., 20 Nov. 1879. A. 2177.

issue of execu

tion.

Upon motion, &c., for, &c., who alleged that J. W. and F. P. W. have Form 480. obtained judgment against the above-named company for the sum of Restraining 571. 6s. 9d., and are in a position to issue execution against the said company, as by the affidavit of the said —, filed, &c., appears, and that a petition was on the 6th of April, 1876, preferred, &c., and that by an order dated the 7th of April, 1876, the said was appointed prov. off. liq. of the company, and upon reading the said affidavit, petition, and order, and [usual undertaking], this Court doth order that the said J. W, and F. P. W. be restrained, until, &c., from issuing execution on the judgment obtained by them against the said company referred to in the affidavit of the said Victoria & Fenton, &c., Co. Limited,

Bacon, V.-C., 31st May, 1876. B. 914.

It appears from what is said above [p. 425], that this form cannot be used where the proceeding to be restrained is pending in the High Court.

Upon motion this day made unto this Court by counsel for W. who Form 481. claims to be a creditor of the above-named co., and upon reading the Order restrainpetition of the said W. on the 29th June, 1877, preferred unto this Court, ing issue of praying that the said co. may be wound up, &c., and an affidavit of execution. L. filed, &c., whereby it appears that an action has been commenced by N. the registered officer of the Bank to recover the sum of 1137. 19s. 8d. upon a bill of exchange drawn by the said bank and accepted by the co., and by the said P. M. Co. indorsed to the said bank, And the said W. [usual undertaking as to damages]: Order that the said bank be restrained from issuing execution on any judgment to be obtained by them in the said action commenced by the said N. as in the said affidavit of the said L. mentioned, until the hearing of the said petition, or until further order. Penerley Mining Co., M. R., 2 July, 1877. B. 1162.

Form 482. Restraining proceedings under garnishee order.

Upon motion by way of appeal, &c., This Court doth order that the said order [of 27 Feb. 1879, refusing an injunction] be discharged, And it is ordered that the Sheffield Wagon Co., their solicitor and agents be restrained from further proceeding with any proceedings against the N. co., debtors to the Stanhope, &c., Co., and from commencing or prosecuting any proceedings against any other debtors of the Stanhope, &c., Co. in respect of whose debts garnishee orders were not served previous to the 24th Jan. 1879, the commencement of the winding-up, And it is ordered that the Sheffield, &c., Co. do pay to the said S. nis costs of this application and of the application for the said order of 27 Feb. 1879 [to be taxed]. In re Stanhope Silkstone Collieries Co., Ct. of App., 28 Feb. 1879. B. 538. See Report in 11 C. Div. 160.

It would seem that this order was ultra rires. See supra, p. 425.

Form 483. Restraining sheriff from selling.

Upon motion, &c., for C., of, claiming to be a creditor of the above-named company, who alleged that a petition for winding up the said company was on the 31st day of May, 1876, preferred unto this Court by him, that Messrs. A., of in the affidavit of the said C. named, have obtained judgment against the said company, and levied execution upon the goods and chattels of the said company, now in or about the offices No. -, Charing Cross, &c., and upon reading the said affidavit, and the said [usual undertaking], Order that the sheriff of Middlesex be restrained until the hearing of the said petition or until further order from selling any of the said goods and chattels under the said execution. Percy, &c., Co., Limited, M. R., 27 April, 1876. B. 656.

See note to Form 480.

Form 484.

Restraining sheriff from selling.

Upon motion, &c., for W., a contributory of the above-named co., who alleged that a judgment had been obtained against the said co. by the Bank, and that an action is now pending against the said co. at the suit of R., that a petition for the winding-up of the said co. was on the 16th April, 1878, preferred unto this Court by the said W., and upon reading the said petition, &c., and the petitioner [undertaking as to damages], This Court doth order that the Sheriff of Middlesex be restrained until the hearing of the said petition, or until further order from selling any goods of the said co. seized or to be seized by him under the execution issued on the said judgment or under any other execution to be issued under any judgment to be obtained in the said action by R. Crown Match Co., M. R., 17 April, 1878. A. 680.

See note to Form 480.

a creditor of the above-named co. and M. of

sheriff.

Upon motion this day made unto this Court by counsel for W., of Form 485. the voluntary Restraining liquidator of the said co., and upon hearing counsel for the Sheriff of sale by Leicestershire, and upon reading an affidavit, &c., and the petition therein referred to being a petition on the 12th of Nov. 1878, preferred by W. unto this Court, and an affidavit, &c., and the said W. and M. by their counsel undertaking [as to damages], Let the said Sheriff be restrained until the hearing of the said petition or further order from selling the chattels and effects of the said co. in or about the colliery of the said co. seized by him under a writ of fi. fa. or any of them, And order that upon payment to the said Sheriff of his costs of this application and of and incident to taking and retaining possession of the said chattels and effects under the said writ, such costs to be taxed in case the parties differ, the said Sheriff do withdraw from possession under the said writ, And let the costs of this application be costs in the winding-up. Whitwick Colliery Co., M. R., 22 Nov. 1878. B. 2035.

See note to Form 480.

Upon motion, &c., by counsel for the G. Co. Ld., the petitioners Form 486, named in the petition preferred unto this Court the 1st of Nov. 1878, Restraining &c. [undertaking as to damages], Let the Sheriff of the Co. of Derby and removal of goods. the purchaser of the plant, engines, and other property of the said co. and their respective agents be respectively restrained until after the hearing of the said petition or until further order of this Court from removing the plant, engines, and other property of the said co. sold on the 2nd of Nov. 1878, by the said Sheriff under an execution in an action instituted by R. against the said co. in the Exchequer Division of the High Court of Justice. Belper Laund Colliery Co., Malins, V.-C., 6 Nov. 1878. A. 1885.

See note to Form 480.

Upon motion, &c., for

of

the prov. off. liq. of com- Form 487. pany, and upon reading, &c., and [undertaking as to damages], Let Restraining

R., of his servants and agents, be restrained until over the 18th removal or day of May, 1876, or until further order of this Court, from removing sale of goods. or selling the goods now on the premises situate at No. 17, Garrick Street, &c., in the affidavit mentioned; And let the said prov. off. liq. be at liberty to give the said notice of motion for an injunction for the 18th day of May, 1876. British Guardian Life Assurance Co., Limited, Hall, V.-C., 15 May, 1876. A. 878.

See note to Form 480.

Form 488.

Restraining

persons from parting with monies.

Upon motion, &c., for H., the petitioner, &c., Let Messrs. F., P., an 1 F. be restrained until the hearing of the said petition from parting with the proceeds of the sale of the furniture and effects in the order dated the 15th November, 1876, mentioned, except by paying the same into Court. Bayswater Club, &c., Co., Limited, Hall, V.-C., at chambers, 24 Nov. 1876. A. 1819.

Form 489. Restraining distress for rent.

&

be

Upon motion, &c. [usual undertaking], Let the said restrained until the hearing of the said petition or until further order from selling the articles, machinery and things in the said affidavit referred to, which have been seized under the said distress. Brynkinall Collieries, M. R., 4 Ap. 1878. A. 567.

Form 490.

Order restrain

rate.

Upon motion, &c., for

and

the liquidators of the abovenamed company, and upon reading the petition of T. B., on, &c., ing distress for preferred unto this Court, and two affidavits, &c., and [usual undertaking], Let the corporation of the Borough of Hanley, their solicitors and agents, be restrained until after the hearing of the said petition from proceeding to levy a distress on the goods of the said company in respect of the rate or sum of -7. in the said affidavit of the said mentioned. Hanley Hotel Co. Limited, M. R., 23 May, 1876. A. 881.

Form 491. Another.

Form 492.

Notice of motion to discharge restraining order.

Upon motion by prov. off. liq. &c., Restrain the South Staffordshire Mines Commissioners from selling any goods of the co. distrained by them. or otherwise proceeding with the distress levied by them on the goods of the co. until, &c. Oakham Collieries Co., M. R., 10 July, 1880.

Formal parts: see supra, Form 314.

of

On the part of that the order dated, &c., made in these matters on the application of whereby it was ordered that the applicant should be restrained, &c., may be discharged, and that an inquiry may be made whether the applicant has sustained any, and if any what damages by reason of the said order, and which the said ought to pay according to his undertaking in the same order, and that the said may be ordered to pay to the applicant the amount of such damages and the costs of the said inquiry and of this application and consequent thereon.

Form 493.

Order transferring actions.

Transfer of Actions.

Upon motion, &c., by counsel for the above-named co. and for the prov. liqs. thereof, and upon reading an order dated 1 Feb. 1878, whereby it was ordered that the said co. should be wound up, and upon reading an affidavit of T. B. filed 2 Feb. 1878: Let in pursuance of Order 51, Rule

2a of the Rules of the Supreme Court, that the following actions, Form 493. that is to say, (1) Taylor v. The Railway Steel, &c., Co., Limited, 1877, T. No. 45, commenced in the Queen's Bench Division of this Court : (2) Williams v. &c., commenced in the Exchequer Division of this Court (3) Bishop v. &c.: (4) Hillier v. &c., be respectively transferred to this Division of this Court and assigned to the V.-C., Sir Charles Hall. Railway Steel, &c., Co., Hall, V.-C., 2 Feb. 1878, 165 B. See 8 C. D. 183.

Rule 2a of Order LI. of the Rules of the Sup. Court, 1875, provides that when an order has been made for the winding-up of any company, the judge in whose court such winding-up is pending, shall have power without further consent, to order the transfer to him of any action pending in any other Division, brought or continued by or against the company.

The application may be made ex parte as in the above order. See also Field v. Field, W. R. 1877, 98; Whitaker v. Robinson, W. R. 1877, 201 : In re Landore Siemens Steel Co., 10 C. D. 489. In the case last-mentioned, an order was made for the transfer of an action assigned to the M. R., but this seems ultra vires, as the section only authorises a transfer from another division. See Re Thames Steam Ferry, 27 W. R. 503, where transfer was refused. As to transfer of petitions, see supra, Form 292.

Upon the application of the off. liq., and upon hearing the solicitors Form 494. for the applicant and for the plaintiffs in the action hereinafter men- Order for tioned, and upon reading [winding-up order]: Let pursuant to Order 51, transfer. Rule 2a, of the Rules of the Sup. Ct. this action now pending in the Ex. Div. of this Court, 1879, P. 792, in which action — are plts. and the B. Co. defts., be transferred to the Chan. Div. of the High Ct. of Justice, and attached to the Court of the V.-C., Sir C. Hall. Costs of application to be costs in the liquidation. Beverley Iron Co., Hall, V.-C., 15 Nov. 1879. A. 2212.

Upon motion, &c., by counsel for the off. liq. of co., and upon hearing &c. Let the judgment signed by the said W., the plaintiff in the said action in the Exchequer Division of this Court for 1526l. 15s. 4d. on the 23rd July, 1878, be set aside: but this order is to be without prejudice to the right of the said W. to come in as a creditor in the winding up of the said co. And Let the off. liq's. costs of this application be taxed by the taxing master and allowed out of the assets of co. Steel, &c., Co., Williams v. same Co., Hall, V.-C., 18 Feb. 1878. And see 8. C. D. 183.

Form 495.

Order setting aside judgment

obtained in Common

Pleas Division

in action subsequently Railway transferred to Chancery Division.

B. 430.

After transfer, the Court obtains control over the action, and can stop execution or set aside judgment when proper.

Liberty to bring and proceed with actions, &c. Sec. 87.

Sec. 87 of the Act of 1862 provides that "when an order has been made for winding-up a company under this Act, no suit, action, or other proceeding shall be