Application for liberty to pay. Formal parts: see supra, Form 313. On the part of the official liquidator of the above-named co. that he Form 557. may be at liberty to pay -7. on account of costs to Mr. B., his solicitor in these matters. Summons for liberty to pay costs. Form 558. costs. Upon the application of C., the off. liq., &c., and upon hearing the solicitors for the applicant, and upon reading an order, &c., the affidavit, Order giving &c., and the certificate of the fund in the Bank of Eng. Let the said liberty to pay off. liq. be at liberty to retain and pay to his solicitors, Messrs. S. & C., the sum of 1677. 12s. 6d., being the amount of their costs, charges, and expenses as taxed pursuant to the said order dated, &c. : And Let the said off. liq. be at liberty to retain out of such assets the sum of 2007. on account of his remuneration as such off. liq. of the said co.: And Let the said off. liq. be allowed the said sums of 1677. 12s. 6d. and 2007. on passing his accounts: And Let the costs of this application be costs in the winding up. Anglo-Continental Ship Co., Hall, V.-C., 25 May, 1878. A. 981. See also Form 449 supra. Very commonly where liberty to pay is given, no order is drawn up, but the chief clerk makes a note on the summons that liberty has been given and that the amount paid is to be allowed in next account. Upon the application of C. the off. liq., &c. : Let the said sum of Form 559. 637. 158. 3d. [in bank] be paid to the said C. as such off. liq. as afore- Another. said in discharge of his costs taxed under the said order of 1 May, 1878, he undertaking thereout to satisfy the claim (if any) of K., solicitor, in respect of charges relating to the appointment of the applicant as off. liq. of the said co. : And [dissolution order: vacate recognisance]. Isle of Wight Ferry Co., 9 August, 1878. A. 1882. See also Forms 571 et seq. Formal parts: see supra, Form 313. anticipated That it may be referred to the proper taxing-master to tax as between Form 560. solicitor and clients the costs, charges, and expenses of the applicant as Summons to such official liquidator from the foot of the last taxation up to and tax costs, &c., including the costs of the order to be made hereon, and also that the including taxing-master do tax the anticipated costs of the said applicant from costs of the date of such last-mentioned order to the final winding-up of the dissolving co. said co., including therein the costs of vacating the recognisance entered into by the applicant and his sureties. Form 561. Notice of appeal motion. Where a company is about to be dissolved, it is not uncommon to apply to have the costs of dissolution taxed by anticipation as above. Appeals. In the High Court of Justice. Chancery Division, In the Court of Appeal. In the matter, &c. Take notice that this Honourable Court will be moved on day the day of 188-, or so soon thereafter as counsel can be heard, by Mr. A. as counsel for and on behalf of [B. & C. creditors of the named company, or as the case may be] that [here state the nature of the application, as the order made by His Lordship the Vice-Chancellor in the above matters on the may be Sir [Add solicitor's name as in Form 314.] To [name of respondent, as: B. the official liquidator of the abovenamed company, and to Mr., his solicitor.] As to appeals, see s. 124 of the Act; Dan. Forms, p. 784; Seton, 1599; Morgan, 612. The time for appealing from any order or decision in a winding up is 21 days, to be computed in the case of an affirmative order from the time when the order is signed, entered, or otherwise perfected, and in the case of a refusal, from the date of refusal. Order LVIII. r. 9. See Risca Coal Co., 4 D. F. & J. 456 ; 31 L. J. Ch. 429. The rule applies to the winding up order itself. In re National Funds Co., 4 C. Div. 305. Where the order appealed from is in the nature of an interlocutory judgment finally settling the rights of the parties, the notice of appeal must be a 14 days' notice in other cases a 4 days' notice is sufficient. In re Stockton Iron Co., 10 C. Div. 349. Order LVIII. rr. 4, 9. An appeal is brought by notice of motion [Form 561] which must be served within the time limited. The appeal must be entered with the proper officer of the Court of Appeal before the day named in the notice to appeal for the hearing. Order LVIII. r. 8. In re National Funds Co., ubi supra. Where an ex parte application has been refused by the court below, it can be renewed in the Court of Appeal within 4 days from the date of refusal, or within such enlarged time as a judge of the court below or of the Appeal Court may allow. Order LVIII. r. 10. An appeal does not operate as a stay of proceedings, except so far as the judge or the Court of Appeal order. Order LVIII. r. 16. If, therefore, it is desired to stay proceedings, application should be made accordingly. See Dan. Forms, p. 786, and see Form 565, infra. Where it is desired to appeal from the order of a judge at chambers, application must first be made by motion in court to the judge to discharge the order, or else special leave to appeal must be obtained from him or from the Court of Appeal. Judicature Act, 1873, s. 50. See Form 401. The application to the judge should be made within the 21 days' limit. Dickson v. Harrison, 9 C. Div. 243. The Court of Appeal will give leave where the judge certifies that he does not wish the case to be reheard, or where the court is other wise satisfied that the case has been deliberately decided by the judge. Thomas v. Elson, 6 C. Div. 346. The official liquidator or any creditor or contributory can appeal. As regards the winding up order, the company can also appeal, but in such case the Court of Appeal will readily entertain an application for security for costs. In re Diamond Fuel Co., 13 C. Div. 400, 28 W. R. 309. Where the liquidator in a winding-up by or under the supervision of the court desires to appeal, he should apply to the judge for liberty so to do. In re City & County Co., 13 C. Div. 483. The Court of Appeal will not give the liquidator his costs out of the estate, but will leave him to apply in the windingu p, Wescomb's case, 9 Ch. 553; In re City & County Co., 13 C. Div. 483, and where the appeal is dismissed with costs, the liquidator will be ordered to pay them personally, the intention being that he is to pay whether he gets them out of the estate or not. Ferrao's case, 9 Ch. 355. In either case the liquidator can apply to the judge in the winding up to be allowed the costs. See Form 567. As to appeals to House of Lords, see Dan. Forms, p. 792 et seq. Form 562. Order on Upon motion by way of appeal this day made unto this court by counsel for C. and B. the surviving liquidators of the above-named co., appeal disand upon reading the order dated 13th Mar. 1878, made upon motion, charging order. &c., whereby it was ordered, &c., Let the said order dated the 13 Mar. 1878, be discharged, And let the said R., &c., pay to the said C. and B. their costs of the said motion upon which the said order was made, and of the said order and of this appeal, including the costs of the shorthand notes of the judgment of the V.-C. Malins, such costs to be taxed, &c. Devonshire Silkstone Co., Ct. of App., 8 July, 1788. A. 1451. affirming Upon motion by way of appeal, &c., by counsel for P. and B. that the Form 563. order dated 25th March, 1878, made upon the summons of the off. liq. Order on issued in the above matters against the appellants and dated 26 October, appeal 1877, might be rescinded, and that the same might be dismissed with order appealed costs to be taxed and paid by the off. liq. to the appellants, and upon from. hearing counsel for the off. liqs., &c., the deposition of the said — taken upon his cross-examination filed 9 of May, 1878, Let the said order dated the 25 March, 1878, be affirmed, and let the said P. & B. pay to the off. liq. his costs of this appeal, such costs to be taxed, &c. British Farmers, &c., Co., Ct. of Appeal, 15 May, 1878. A. 935. Whereas B. E. M. and J. the petitioners in the order made in these Form 564. matters dated the 1st of June, 1878, named, did on the 1st of July, 1878, Order refusing serve the above-named co. with notice that this court would on the 15th appeal. of July be moved by counsel for the said B. E. M. & J. by way of appeal from the said order that the said order might be discharged and that in lieu thereof it might be ordered that the said company be wound up by the Chancery Division of the High Court of Justice, with all proper directions for that purpose including a direction for payment of the Form 564. applicants' costs in reference to the said order and the application, or that such other order might be made as to H.M.'s Court of Appeal might seem fit, and counsel for the said B. E. M. and J. this day moving this court that the above-named co. by their secretary might be ordered within 7 days after service to make and file a full and sufficient affidavit stating whether they have and have had in their possession and power any and if any what documents relating to the subject-matter of the said petition, and accounting for the same, with the usual directions for production and inspection thereof, And in case this court should be of opinion that the notice of appeal given by the applicants on the 1st of July, 1878, was not within the time limited for that purpose, then that the applicants might be at liberty to prosecute such appeal notwithstanding, and upon hearing counsel for the said co. and reading the said order dated the 1 June, 1878, an affidavit, &c., This court doth not think fit to make any order on the said motion, and doth order that the said appeal motion be dismissed, and that the said B. E. M. and J. do pay to the said co. their costs of the said motion, and also their costs occasioned by their having been served with the said notice of motion of the 1st of July, 1878, such costs to be taxed by the taxing-master. Brick and Stone Co., Ld., Ct. of App. 18 Dec. 1878. A. 2389. As to ordering production of documents on appeal, see National Funds Assurance Co., 24 W. R. 774; W. N. 1876, 192. Form 565. Order restraining pending appeal. Upon motion, &c., for J. of [and other shareholders], and upon hearing counsel for P. & V. creditors of the co. upon whose petition an order was made 18 May, 1877, to wind up the co., And it appearing by advertisement the receipt of one of the cashiers of the bank dated 23 May, 1877, that F. the solicitor of the said shareholders has lodged at the bank to the credit of a Chancery Suspense account the sum of 1,1167. 3s. 9d., Let the advertisements of the said order dated 18 May, 1877, to wind up the said co. be postponed until the hearing of the appeal from the said order, And Let the said shareholders on or before 28 May, 1877, do all necessary acts pursuant to the 31st Chancery Funds Rules 1874, for the purpose of having the said sum transferred by them into court to the credit of these matters. Re the Paris Skating Rink Co. Limd., In the matter of the Companies Acts 1862 and 1867, Hall, V.-C., 23 May, 1877. 840 B. See 5 C. Div. 959. Where there is an appeal the advertisement can be restrained as above. Form 566. Liberty to appeal. Upon the application of B. & Y. the off. liqs., &c., Let the said applicants be at liberty to take all necessary and proper proceedings by way of appeal from the order dated, &c., made in the matter of an appeal from the High Court of Justice, Common Pleas Division, in a cause of plt. and the said co. deft. Hooper's Telegraph Works, M. R., 14 June, 1877. A. 1311. For order giving liberty to a creditor to appeal against an order made in an action against the company in Ireland, and to use the name of the co., he undertaking to indemnify the co. against all costs and to pay 1207. into court by way of security, see International Patent Pulp, &c., Co., M. R., 16 Mar. 1877. A. 519. Upon the application of the liq. of co. and upon reading, &c., and an Form 567. order made in the suit of, &c., whereby it was ordered that, &c. [bill Order allowing dismissed], and it was further ordered that such order should be without liquidator's prejudice to any application the liq. of the said co. might make to the costs of appeal. judge at chambers for the allowance of the costs of the said co. in the said suit of out of the assets of the said co., Order that the costs of the above-named co. in the said suit, &c. and of this application and consequent thereon be allowed as costs in the winding up of the abovenamed co. General South American Co., Malins, V.-C., 9 Mar. 1878. A. 421. For other orders of the Appeal Court, see Forms 402 et seq. and 452. Staying the Winding Up. Whereas by an order dated 3 Feb. 1877, made upon the petition of Form 568. J. P. a creditor of co., It was ordered that the said co. should be wound Order staying up by the court under the provisions of the Companies Acts 1862 and winding up. 1867, Now upon motion this day made unto this court by counsel for R. [and others] contributories of the said co., This court doth order that upon the said R. paying to the creditors of the said co. other than Messrs. P. within 10 days from the date of this order or within such further time as the 3 largest creditors may consent to 15s. in the 7. on the amount of their debts and to Messrs. P. the amount of their debt in full, and the costs in these matters as between solicitor and client, such costs to be taxed, &c., in case the parties differ, all further proceedings under the said order of 3 Feb. 1877, be stayed. Whiteash Paper Co., 17 May, 1877. B. 1083. See further as to staying the winding-up, supra, p. 299. Unclaimed Dividends. Order to pay Upon the application of H., the official manager of the above-named Form 569. bank, and upon hearing the solicitors for the applicant, and for the official assignee in bankruptcy, and for the creditor's representative, into court. and upon reading an order dated 8 April, 1878, Order that the said H. be at liberty on or before the 20th of May, 1878, to pay into court to |