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 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. petition. 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 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. Form 518. to take cross examination of claimant. 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. remove 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 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. ofbarrister-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 vivâ 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. Evidence of Witnesses. In the winding-up of a company, occasion very commonly arises for obtaining the oral evidence of witnesses. In cases where s. 115 of the Act applies [supra p. 443], the evidence may be obtained under that section; but in other cases the witness will either make an affidavit, or if he will not do this, the party requiring his evidence can examine him before the examiner, or before a special examiner, and make use of the deposition so obtained. The attendance of the witness can be procured by writ of subpœna, Ad testificandum or duces tecum. See s. 40 of 15 & 16 Vict. c. 86. Morgan, 183. For forms of subpoena, see Dan. Forms, pp. 361, 481. For orders to attend, see Form 516. Form 523. Notice to produce at hearing of petition. Notices to produce and admit documents. In the matter, &c. Take notice that you are hereby required to produce before his lordship [the Master of the Rolls] at the hearing of the petition in these matters [the documents specified in the schedule hereto, and] all [other] deeds, documents, letters, books, memoranda, papers, and writings whatsoever, containing any entry, memorandum, minute, or other matter in anywise relating to the matters in question in these matters or any of them. Dated, &c. To Mr. P. Q., solicitor to the above-named company and Messrs. [or as the case may be]. Notice to produce is generally given by either side in the case of a winding-up petition. Dan. Pr. 774. As to notice to produce documents referred to in pleadings or affidavits, see Order XXXI. r. 14 et seq., and Credit Co., 11 C. D. 256: National Funds Assur. Co., W. N. 1876, 192. Notice to Take notice that you are hereby required [in pursuance of the order produce before [see Form 507 et seq.] made in these matters, dated, &c.,] to produce special examiner. [state where; as:] before at his chambers, No. the special examiner appointed herein, on the day of -, 1880, at o'clock in the forenoon, all deeds, &c. [as above], relating to the matters in question in these matters [here specify the particulars; as: so far as regards the summons issued the of and the claim of A. B. herein], and in particular the following, that is to say [here specify them]. Notice to produce documents at the hearing of a motion or summons, or at examination of witnesses is frequently given. See Dan. Forms, p. 931 et seq.; and Order XXXI. As to notices to admit, see Rule 54; Morgan, 527; Dan. Forms, p. 325. |