Upon the application of G. the off. liq., &c., by summons dated 3 Form 509. August, 1877, and upon hearing the solicitors for the applicant and for Order against A., B., C., D., and E. respectively, respondents to a summons on behalf several of the said G. as such off. liq. of said co. dated 2 February, 1877, and respondents. upon reading, &c., Order that the said A., B., C., D., & E. resply. do on or before the 30th August instant, make and file a full and sufficient affidavit or full and sufficient affidavits stating whether they have or have had in the possession or power of them or any of them any and if any what documents relating to the matters in question in the said summons and accounting for the same, And order that the said respondents do at all reasonable times and upon reasonable notice produce at the office of their respective solicitors as follows, namely, the respondents A., B. & C. at the office of Messrs. situate, &c., the respondent D. at the office of, &c., the respondent E. (who appears in person) at, &c., the documents which by such affidavit or affidavits shall appear to be in their or his possession, custody, or power, except such of the same (if any), as they or any of them may by such affidavit or affidavits refuse to produce; And, &c. [liberty to take copies, production at hearing, liberty to make further application]. Basye Consolidated Silver Mining Co., 9 August, 1877. A. 1622.

Inspection under s. 156 of the Act.

Orders are frequently made under the above section for the inspection of books and papers of the company by contributories and creditors, see Credit Co., 11 C. D. 256; Contract Corporation, 7 Ch. 207; Yorkshire Fibre Co., 9 Eq. 950.

under s. 156.

Upon the application of H. a contributory of the above-named co., Form 510. and upon hearing the solicitors for A. the liq. of said co. and for the ap- Order for plicant, and upon reading an order dated 21 March, 1877, Let the said inspection H. his solicitor or agent be at liberty at all reasonable times upon giving reasonable notice to inspect and peruse at the office of the said A., situate at, the several books deeds and writings of the said co. and the depositions of witnesses taken in these matters, in the possession, custody or power of the said W. as liq. of the said co. or his solicitors or agents, And let the said H. his solicitors or agents be at liberty to take notes therefrom or abstracts thereof or extracts therefrom as he may be advised at his own expense, And let the said W. upon reasonable notice produce the said books, deeds, writings and depositions on the examination at the applicant's instance of any witnesses in these matters and at any hearing before the court in these matters at the instance of the applicant as the said applicant shall require, And let the costs of the production by the said liq. of the said books, &c., in pursuance of this order be reserved. Planet, &c., Co., Malins, V.-C., 27 June, 1878. 1286 B.

Form 511.

Order for inspection.

Upon the application of F. a contributory and creditor of co., and upon hearing the solicitors for the applicant and for the off. liqs. of the said co. and for R. a contributory and creditor of the said co., and upon reading an order, &c., And it being admitted that the applicant is a contributory and creditor of the said co., Order that the applicant be at liberty after the completion of his pending examination before the examiner of this court by the said off. liq. in these matters, by himself his solicitors or agents to inspect the books and documents in the possession of the said off. liqs. and also of the several companies amalgamated therewith, And order that the applicant do give to the said official liquidators one clear day's notice of any appointment he may make for such inspection, And order that the applicant do pay to the said official liquidators 2s. 6d. for every hour or part of an hour (being the remuneration payable to a 2nd class clerk of the off. liq.) occupied by such inspection, And [costs of official liqs. to be costs in winding-up]. Cape Breton Co., Malins, V.-C., 3 Aug. 1877. A. 1573. This order was subsequently modified, Reg. Lib. 35. A. 1878.

Form 512.

Order for inspection in voluntary winding up.

Upon the application of L., of, a contributory of co., and upon hearing the solicitors for the applicant and for A. the liq. of said co., and upon reading the London Gazette dated 13 Sep. 1878, containing an advertisement of the resolution to wind up the said co. voluntarily, the affidavit of P. filed, &c., Order that the said A. do within 7 days from the date of the service of this order produce for the inspection of the said L. his accountants, solicitors and agents, at the office of the said A., situate or elsewhere, all books, papers and other documents of the said co. in his possession or power as such liq. as aforesaid, except business books after the sale of the said assets to S., And it is ordered that the said L. and his accountants, solicitors and agents shall be at liberty to take copies of any of the said books, &c., and extracts therefrom at the expense of the applicant. Silber Light Co., Malins, V.-C., 13 Dec. 1878. B. 2247.

at

Form 513.

Notice to pro

Cross-examination on Affidavits.

Formal parts: see supra, Form 314.

Take notice that upon the hearing of the petition in these matters the above-named co. intends to cross-examine B. upon his affidavit filed duce deponent in these matters on the day of ——, And take also notice that you are thereby required to produce the said B. at the hearing of the said. at hearing of petition accordingly.

for cross

examination

petition.

Formal parts: see supra, Form 314.

Form 514.

for crossexamination.

Take notice that the official liquidator of the above-named company Notice to pro[or as the case may be] intends to cross-examine the several deponents duce deponent named and described in the schedule hereto upon their affidavits filed in these matters on the respective dates mentioned in the said schedule, And that I have obtained an appointment for such cross-examination before A. B. one of the examiners of the court [or before C. D., the special examiner appointed on these matters, or before E. F., the chief clerk to his lordship the Master of the Rolls, or V.-C. of the clock in the

the where].

day of

at

-] for

day noon at [state

And take also notice, that you are hereby required to produce the said deponent at the time and place aforesaid for cross-examination before the said examiner [or as the case may be] accordingly.

Under section 40 of 15 & 16 Vict. c. 86 and Rule 19 of the General Order of the Court of 5 February, 1861, where a party files an affidavit he is bound to produce the deponent for cross-examination, provided notice of the intention to crossexamine is given by the other side within 14 days after the filing of the affidavit. Forty-eight hours' notice at the least of the appointment for the cross-examination must be given, and the party to whom the notice is given may compel the attendance of the deponent on a subpoena, see s. 40 of 15 & 16 Vict. c. 86.

The above form assumes that an appointment has been already obtained, but in many cases the notice to cross-examine is given before the appointment. In such cases the 48 hours' notice is subsequently given. Form 514 can be modified so as to apply to a single deponent. The party producing the deponent is entitled to demand the expenses thereof from the party requiring the production, but the expenses are ultimately to be borne as the court directs. Rule 19 of Gen. Order of 5 Feb. 1861. An extension of the time to give notice to cross-examine is frequently granted upon application by summons. See further Dan. Form, p. 491; Morgan, 551; and Rules of Sup. Court, Ord. XXXVII. r. 2. As to appointment of special examiner, see infra, p. 440.

cross examine.

Upon the application of the off. liq., &c., and upon hearing the Form 515. solicitors for the applicant and for B., Let the time limited by the Order extendgeneral order of 5 Feb. 1861, Rule 19, for the applicant to serve notice ing time to requiring the production for cross-exam. before the examiner of B. who give notice to has made an affidavit filed on behalf of the firm of B. & L. in support of a claim by the said firm against said co. be enlarged to the 30th June, 1877, And costs of applicant to be costs in winding-up. Anglo-Continental Steamship Co., Hall, V.-C., 15 June, 1877. A. 1061.

Form 516.

Order to attend.

Upon the petition of B. for winding-up, and upon hearing counsel for the pet. and for the said co., Let the hearing of the said petition stand over until 11 May, 1877: And order that J. do attend before Charles Beavan, one of the examiners of this court, on Monday the 8th of May, 1877, at 10 o'clock in the forenoon, at the office of the said C. B. in the Rolls Yard, Chancery Lane, London, for the purpose of being crossexamined on his affidavit filed in these matters on 4 April, 1877. Government Security, &c., Co., Hall, V.-C., 20 Ap., 1877. A. 719.

Form 517.

Special Examiners.

Upon the application of P. of, &c., the petitioner in the above matters, Appointment and upon hearing the solicitors for the applicant and for the above-named on winding-up co., and upon reading the petition presented in these matters on the 25th petition. of October, 1878, and the affidavit hereinafter mentioned, Let T. esq., barrister-at-law, be appointed special examiner in the above matters for the purpose of taking the cross examination and re-examination of R. upon the affidavit filed in these matters the 13th of November, 1878, and the cross-examination of any other persons who may make any affidavits to be used at the hearing of the said petition, And Let the said depositions authenticated by the signature of the said examiner when taken be transmitted by him to the [Record and Writ Clerk's Office of this Court] there to be filed. Malabar Gold Washing Co., Hall, V.-C., 26 Nov. 1878. B. 2008.

Where it is desired to cross-examine parties who have made affidavits upon a petition, a special examiner is sometimes appointed and the petition adjourned.

to take cross

examination of claimant.

Form 518. Upon the application of the off. liq. of co., and upon hearing the Appointment solicitors for the applicant and for B., and upon reading, &c., Let N. of barrister-at-law, be and he is hereby appointed special examiner to take the cross-examination and re-examination of the said B. upon his said affidavit [and also to take the examination, cross-examination, and re-examination of all other witnesses to be examined in relation to the claim of the said B. against the company and to the claim of the applicant against the said B. by summons dated, &c.], And let, &c.

Special examiners are frequently appointed in winding-up proceedings, especially where for any reason expedition is necessary. Sometimes the appointment is merely to take the examination or cross-examination of a single witness, but in many cases it is more general.

The application for the appointment of a special examiner is usually made by summons, and should be supported by an affidavit as to the circumstances, and that the proposed examiner is a fit person and has no interest in the matters in question. See further as to the practice, Buckley, 243; Dan. Pr. 800, et seq.; Dan. Forms, p. 342, et seq.

Upon the application of L., the off. liq. of the co., for a special Form 519. examiner to be appointed to take the evidence of witnesses in these Appointment matters, and upon hearing the solicitor for the applicant, and upon in general reading, &c., Let Y. esq., barrister-at-law, (he consenting) be appointed terms. special examiner for the purpose of taking the evidence of witnesses in these matters, And Let the depositions, &c. Saturn, &c., Co., 12 May, 1877. B. 893.

Upon the petition of R. of a creditor and member of co., on the Form 520. 30 May, 1877, preferred into this court, praying that P. and K., the Appointment present liquidators of the said co. might be removed, and that some on petition to proper and independent person or persons might be appointed official reve liquidators. liquidators of the said co. in their stead, and upon hearing counsel for the said official liquidators, and upon reading the said petition: Order (at the request of counsel for the petitioners) that Mr. M. of barrister-at-law, be appointed special examiner for the purpose of taking the examination of witnesses, the petitioner by his counsel undertaking to pay the expenses of and incident to such examination without prejudice to the question how such expenses should ultimately be borne: And let the further hearing of the said petition be adjourned until the 30th July, 1877. Cape Breton Co., Malins, V.-C., 6 July, 1877. A. 1365.

Form 521.

preter.

Upon the application of the off. liq. of the co., &c., Let A. of be appointed examiner for purpose of taking the cross-exam. of said P. Appointment on his said affidavit, filed, &c., and the exam. and cross-exam. of other with provision witnesses in these matters: And Let the said off. liq. be at liberty to as to interemploy J. of, interpreter and translator of the Portuguese, French, and other languages, to act as interpreter and translator into English of the viva voce evidence to be given in the French language by the said P. before the said examiner: And let the translation of such evidence which is to be made by the said J. be adopted and filed as truly representing the viva voce examination or deposition of the said P. Portuguese Contract Co., 10 June, 1870. Malins, V.-C.

witness.

Upon the application of the off. liq., &c., Let G., B., and C. attend Form 522. before S. H., esq., barrister-at-law, the special examiner appointed in the Order for above matters by an order dated 16 April, 1878, at his chambers, No.-, attendance of -, Court, Temple, in the city of London, for the purpose of being examined on behalf of the said official liquidator with reference to the claim against the said co. made by the said G. Milan Tramways, Hall, V.-C., 9 July, 1878. B. 1902.

If a witness does not attend before the examiner, an order can be obtained requiring him to attend. See Dan. Pr. 803. Lisbon Steam Tramways, 2

C. D. 575.