Francis Beaufort Palmer.

Company precedents for use in relation to companies subject to the Companies acts, 1862 to 1890 ... (Volume 2) online

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salary after the rate of 25/. per month, and in the case of the sd T.,

at a salary after the rate of 10/. per month (such salaries to commence



310



WINDING-UP BY THE COURT. [ChAP. XXXI.



as from the day of tlie departure from Liverpool of the sd L. and T.
resply for the West Coast of Africa, and the sd D. as such off liqr also
paying the passage-money out and home, and incidental voyage ex-
penses of the sd L. and T., and requiring the sd L. to render accounts
and make remittances of money received by him on account of the sd
coy monthly, the first of such accounts to be rendered on the 26th of
Aug. 1886, and the subsequent accounts up to the 26th day of each
subsequent month. And it is ordered that the salary and expenses of
employing and sending out the sd L. and T. be a charge on the assets
of the coy in priority to any charge which H. and B. may have upon
such assets, or any of them, and be allowed the sd D. on passing his
accounts as off liqr. And it is ordered that the said off liqr be at
liberty to retain his own costs, and to pay the costs of the sd H. and
B. out of the assets of the above-named coy. Sulymah and Sherboro
Trading Co., Kay, J., 23rd June, 1886.



Form 313.

Liberty to
Bend agent to
Spain, vrith.
power to sue.



Upon the applicon of T. and "W., the liqrs of the above-named coy,
and upon hearing the solors for applicants, and upon reading an
order, (S:c., Order that the above-named T. and W. be at liberty to

depute U., of , barrister-at-law, to proceed to Spain on behalf of

the sd liqrs, and to give him full powers to direct proceedings against
one Don Jose Campo, of Madrid and Yalentia, in tSpain, a debtor to
the above-mentd coy, and also to do such acts and take such proceed-
ings as may be necessary on behalf of the applicants to recover any
moneys, documents, or pi^ty in Spain belonging to the above-named
coy, or to withdraw from any proceedings, or, if necessary, to defend
any suits brought against the above-named applicants or the sd coy.
Overend, Gurney and Co., Pearson, J., 30th April, 1885. B. 501.



Form 314.

Liberty to
fiend agent
aiiToiul to
rojifirt on
property.



Upon the applicon of a contributory, &c., Order that the off liqr do out
of the assets of the sd coy, after first providing for the paying thereout
all proper costs, charges, and expenses of and incident to the winding-
up of the coy, pay to P. a fee of 210/. and all expenses incurred by
him, not exceeding with the 210/. 500/., in respect of his proposed
visit to Georgia in the United States of America, to inspect and report
on the ppty situate tliero and agreed to be sold by the sd C. to the
coy, pursuant to the sd contract dated, &c., such sum to be paid as
afsd to include all costs, charges, and expenses to be incurred by the
Bd P. in the omployinont of lawyers, surveyors, and others in respect
of the sd ppty. And order that tho sum payable to the sd P., over
and above the sd sum of 210/. in respect of the matters afsd, be fixed
by tho judge. Gconjia Lund, Chitty, J., 1st April, 1884. A. 996.



MISCELLANEOUS AUTHORITIES TO LIQUIDATOR. 311

Upon the applicon of B. and Y., the liqrs of coy, and upon hearing Form 315.
the soh'S for the applicants, and upon reading an order dated, &c., an ^ .. 7
afft filed, &c., being resply the balance order against P. and the afft employ agent
of service thof through the post office, a joint afft, &c., Order that the "i^'eru.
sd B. and Y., as such lif|rs as afsd, bo at liberty to employ R., of
Lima, in the Eepublic of Peru, as agent of the sd B. and Y., for them
and on their behalf as such liqrs as afsd, and in their name or other-
wise to ask, demand, sue for, recover, and receive of and from the sd
E. mentd in the sd order of 4th July, 1876, or from any person or
persons on his behalf, the sum of 20,522^. lis. lid. for and in respect
of calls upon shares in the sd coy held by the sd P., together with
interest on the sd sum from 20th March, 1876, until payment at 5
p.c. p. a., and to compound, compromise, and accept part in lieu and in
satisfaction of the whole of the sd debt or sum of 20,522/. lis. lid.
and interest as afsd. And upon payment of the sd sum and interest,

or any part thof, into the Bank at Lima in the names of the sd

liqrs B. and Y., to give a good and effectual discharge and receipt for
the sd sum or such part thof as may be paid as afsd. And order that
the sd B. and Y. be at liberty to allow and pay to such attorney or
agent out of such sum as by him or through his intervention shall be
recovered and so pd in as afsd, a commission not exceeding in amount
one-third of the sum so recovered and pd in as afsd. Bristol and
South Americcm, §'c. Co., 31st May, 1877. A. 1259.

For liberty to employ detective as regards contributories, see Forms 546, 547.

Upon the applicon of the off liqr, &c., Order that the sd off liqr be Form 316.
at liberty to execute the power of attorney to M. marked F, verified Liberty to
by the afft of J., filed, &c., and identified by the chief clerk's signature execute po-n-er
in the margin thof, for the purpose of recovering from the estate of recoveTpro- °
N., of Belgium, banker, such sums of money as may be due from the perty abroad,
estate of the sd N. to the sd coy. Ottoman Co., Limtd, Bacon, V.-C,
7th April, 1878. B. 821.

For order giving official liquidator liberty to appoint attorney to prosecute any
actions which official liquidator may bring in Spain, see Madrid Markets Co.,
Hall, V.-C, 10th April, 1879. B. 691.

For order appointing agent for bank to adjust dispute as to a mortgage and
other matters in France, and to receive money, &c., &ee European Bank, Pearson, J.,
7th May, 1883. A. 634.



Upon the applicon of B., the off recr and liqr of, &c., by summons Form 316a.

dated, &c., and upon hearing the solors for the applicant, and ujion Liberty to

reading the order to wind up the sd coy dated, &c., the order dated, giye power of

&c., the order of the Board of Trade dated, &c., appointing B., one of firm'^broad

the off recrs attached to the Ct, to be the off recr in the winding-up of (various

matters).



312 WINDIN'G-UP BY THE COURT. [ChAP. XXXI.

the above-named coy, the afft, «S:c. and the exhibits thereto, the exhibit
mai'ked B. being the power of attorney hnftr referred to. It is ordered
that the off recr and liqr of the above-named coy be at liberty to exe-
cute the power of attorney in favour of A., C. and D., all of Street,

Melbourne, in the colony of Victoria, Australia, solors, who carry on

business there under the partnership, style or firm of , identified

by the signature of the Registrar Cos Winding-up in the margin
thof, for the purpose [intei' alia) of taking such proceedings in the
winding-up of the sd coy in Australia as they may think necessary on
behalf of the applicant and in the interest of the creditors of the coy
resident in Great Britain and Ireland, and to take such steps as they
may consider expedient with regard to the resignation of any of the
liqrs already appointed in Australia and the appointment of other
persons as liqrs in their stead, and to sell or dispose of, or concur in
selHng and disposing of all or any of the real and personal jopty of the
coy, and generally to act as the attorneys or agents of the applicants
in Australia in such winding-up, as set forth in the sd power of attor-
ney ; but not to receive moneys. Mercantile Finance Trustees and
Agency Co. of Australia (00145 of 1893), 12th May, 1896. Hood, Eeg.

Form 317. Upon the aj)plicon of C, the sole liqr of coy, and upon hearing, &c.,
and upon reading, &c., and the order dated 12th Jan. 1878, whereby
the sd liqr was to be at liberty to constitute N., of Lima, in Peru, his
attorney for the purpose of realizing and getting in such of the assets
of the coy there as he should be instructed by the sd liqr to realize
and get in, subject to his giving security for 10,000^. by bond of the

Bank for that amount in the form approved by the chief clerk of

the judge within three months from the date of the last-mentd order,
and upon reading an afft of the sd C, filed, &c., Order that the sd liqr
be at liberty to accept, in lieu of the security mentd in the last-mentd

order, the bond of the Bank in the form approved by the sd

chief clerk for the sum of 5,000^. And order that the time within
which the security is to be given by the sd N. pursuant to the sd
order of the 12th of Jan. 1878, be enlarged until the 12th of June,
1878. General South America7i Co., Liintd, Malins, V.-C, 11th April,
1878. A. 823.



Another
form.



Form 318. Upon the applicon of the plaintiff in the above-mentd action by

Liberty to summons dated, &c., and upon hearing counsel for the applicant, and

liquidator and for the defendants, and for IL, the liqr of the above-named coy, and

dobont^^uro f'^'" ^-i hnftr named, and upon reading the order in the above-mentd

action to action dated, &c., appointing the sd II. recr and manager in the

'atu'rmy to above-mentd action, the order dated, &c., in the above-mentd matter

act abroad. to continue the voluntary Avinding-up of T. D. & Co., Limtd, subject



MISCELLANEOUS AUTHORITIES TO LIQUIDATOR. ^^3

to supervision of the Ct, the order dated, &c., made in the above-
mentd action and matters, the afft of, &c. And the defendants,
the B. Corporation, Limtd, by their counsel undertaking to bo answer-
able for the receipts of J., hnftr named, until he shall have given
security. And the sd J. by his counsel undertaking to apply to the
Ct with reference to the security of the sd J. if a larger sum than that
mentd in the afft of the sd H., filed, &c., shall be received by him, It
is ordered that the sd H., as such recr and manager and as such liqr

as afsd, be at liberty to execute in favour of J., of , in the City of

London, chartered accountant, and to affix the seal of the sd T. D. &
Co., Limtd, to a power of attorney in the form set forth in the schedule
to this order for the purpose of authorizing the sd J. to do in
Barbadoes, Trinidad, Demerara, and elsewhere in the West Indies,
the several things therein specified ; the sd J. to be at liberty to act
immediately on the execution of the sd power of attorney by the sd
H. And it is ordered that the sd J. do, on or before the 9th Nov.
1892, give security to the satisfaction of the Ct in the sum of 5,000^.
And the sd J. by his counsel submitting to account for all moneys he
shall or may receive under or by virtue of the sd power of attorney.
It is ordered that he do from time to time pass his accounts as the Ct
shall direct, and pay the balances which shall be certified to be due
from him to the sd H., as such recr and manager and liqr as afsd.
And the question of the amount to be pd to the sd J. as such attorney
is reserved. And the costs of this applicon are to be costs in the
above-mentd action. Stuhber v. Daniel and Co.., Limtd., 1892. S.
2877; In re Daniel and Co., Limtd., 0085 of 1892, Eeg., Nov.
18th, 1892.

Upon the applicon of the [off] liqrs, &c.. Order that the applicant Form 319.
K., one of the sd [off] liqrs, be at liberty during the mouth of Sept. -.., , ,
1877, to proceed to Nova Scotia, arriving there previously to the 2nd abroad.
Oct. 1877, and to remain there for such time, not exceeding one
calendar month, as may be necessary for further assisting in the
defence of the sd coy to the action brought by C against the sd coy
in S., and for prosecuting the ecj[uity suit brought in the Ct of Nova
Scotia in the name of the sd coy against 0. in H. in relation to the
affairs of the sd coy. And order that the expenses of the sd K., of
and relating to the sd journey, not exceeding the sum of 100/., be
paid out of the assets of the sd coy. Cape Breton Co., Malins, V.-C,
9th Aug. 1877. A. 1873.



Upon the applicon of K., the off liqr of the above-named bank, by Form 320.
summons, &c.. Order that the applicant be at liberty forthwith to
proceed to Utah, or elsewhere in America, at the expense of the estate



Another.



314



WINDING-UP I5Y THE COURT. [ChAP. XXXI.



of tlie sd bank, for tlie purpose of making sucli arrangements as may-
then and there be found necessary or expedient to wind up the affairs
of the sd bank in America, and to compromise or settle in any manner
he may think fit any actions, claims, and demands against the sd bank
in America, and also to take such steps as may be found necessary or
expedient to protect the interests of the sd bank in a certain mining
ppty in America, known as the Ivinnes Mine, and in any other pj)ty in
America of the sd bank. And it is ordered that the applicant be at
liberty, for the pui'poses hinbefore directed, to raise upon security of
the assets of the sd bank such sum or sums of money not exceeding
in the whole the sum of 1,500/., and at a rate of interest not exceed-
ing 5 p.c. p. a. And it is ordered that the expenses of the journey
hby authorized (including the remuneration of the applicant as such
off liqr or otherwise) do not exceed the sum of 1,000?. London Bank
of Utah, Chitty, J., 10th July, 1884. B. 931.



Form. 321. Upon the applicon of W., the off liqr of the above-named corpora-

^ 7 tion, and upon hearing the solors for the applicant, and upon reading,

meet foreign &c., It is ordered that in addition to the sum of 5,000/. authorized by

drafts against ^^ ^^der dated the 19th Dec. 1885, the applicant be at liberty to meet
consignments. „ , , ^ , -, -, , -r^ i • • c^ -i

further drafts drawn or to be drawn by JD., his attorney, m bouth

Africa, against fui'ther consignments of sugar and rum from the estate

of the N. Coy, Limtd, to an amount not exceeding 3,500/. Oriental

Bank Corporation, Chitty, J., 5th April, 1886.



Form 322.

Liberty to
send steamer
to give notice
of winding-
up.



Upon motion by counsel on behalf of the prov off liqr, Order that
the applicant be at liberty to send an officer of the corporation from
Durban to the branch bank of the corporation at the Mauritius, and
that a steamer or other vessel be at once engaged to convey him there
at an expense not exceeding 3,000/., in order to protect the assets and
give information or otherwise to the bank officer there of the pending
petition and the appointment of a prov liqr. And order that the
applicant be also at liberty to expend a sum not exceeding 40,000/. in
maintenance, upkeep, and cidtivation of the sugar estate in Mauritius,
the crops of which belong to the corporation, or on which they have
the first lien or charge. Oriental Bank, Chitty, J., 5th May, 1884.
B. 508.



Form 323.

Liberty to

coiitiiiuo

manager.



Upon the applicon of the off li(ir8, &c.. Order that the applicants
bo at liberty to continue the employment of the sd H. as manager of
the works belonging to the sd coy at a salary of 400/. p. a., during
the carrying on of the sd works, or until further order : such employ-



MISCELLANEOUS AUTHORITIES TO LIQUIDATOR. 31o

mont to be determinablG upou a week's notice in the event of the coy
no longer having need thof. And it appearing that the sd off liqrs
continued the employment of Mr. W., the late secretary of the sd coy,
up to the 16th May, 1877, at a salary of 325^. p. a., the judge doth
approve of the same. Hooper'' s Telegraph Works, M. R., 5th June,
1877. A. 1037.



Order that the off liqrs of coy be at liberty to employ C, the late Form 324.
secretary of coy, to prepare and investigate certain accounts and other Lj^gj-tv to
papers for the use of counsel. And order that the remuneration to be liquidators
pd to the sd 0. be fixed in chambers. Auvergne, ^'c. Co., Fry, J., gecrotar°^to
7th April, 1879. A. 6 9 1 . prepare^

accounts.

Upon the applicon of and , the prov off liqrs of coy, &c., Form 325.

Order that the sd liqrs be at liberty, on or before the 24th March, 1877, -j^.^^^^ ,

to give up possession of the offices of the sd coy, No. , Lombard change

Street, in the city of London ; and that they be at liberty to take 0^^""°^'^
other offices for the purposes of the winding-up, at a rent not exceeding
150^. p. a. ; and that they be at liberty to sell so much of the furni-
ture and fittings at present in use at the sd offices in Lombard Street
as they may deem proper or necessary. Hooper'' s Telegraph Works,
M. E., 2l8t March, 1877. A. 523,



Upon, &c., It is ordered that the sd [liqr] be at liberty to convene a Form 325a.
meeting of the debenture-holders of the above-named coy for the Liberty to call
purpose of ascertaining their views with reference to a suggested meeting of

arrangement as to an asset of the sd coy, known as . And it is i^olders"^^"

ordered that seven days' notice of such meeting be given to the respve
debenture-holders. Land Securities Co. (0097 of 1894), Vaughan
WiUiams, J., 20th Nov. 1895.



Upon, &c., It is ordered that the sd liqrs be at liberty, in the name Form 325b.
and on behalf of the sd coy, to give the consent of the sd coy to the Liberty to

proposed scheme of arrangement of & Coy, Limtd., so far as the consent to

sd scheme affects such of the first mortgage debentures of & Coy, arran^c^ement

Limtd, as have been insured by the sd coy, and to agree with the sd as to another

& Coy, Limtd, on behalf of the debentui-e-holders whose deben- company.

tures are so insured as afsd, that the acceptance by them of the sd
scheme shall in no way lessen, alter, or otherwise affect the sd coy's
liability under its policies and scheme of arrangement guaranteeing
the payment of the principal and interest secured by the sd debentures
or of the debentures to be issued in renewal thof ; and that the sd liqrs



316



WINDING-UP BY THE COURT. [ChAP. XXXI.



he at liberty to give such, consent in the form of the letter exhibited to
the sd afft of, &c., and marked, &c. Mortgage Insurance Corporation
(00159 of 1895), Hope, Eeg., 19th Nov. 1895.



Form 326. Upon the applicon of F., the liqr of the above-named coy, and upon

V^T ~~. hearing, &c., and upon reading, &c., Order that the sd liqr be at

give notice to liberty to take the necessary steps, by serving a notice or otherwise, for

['^ mT '^^*^' the purpose of obtaining a renewal of a term for the working and

getting of the mines of coal and ironstone and other premises granted

by an indenture dated, &c., and made between A. B. of first part and

eight of the directors of the partnership called the New British Iron

Coy of the second part, and X. and Y. of the third part, which mines

of coal and ironstone and other premises are now vested in the sd

New British Iron Coy, Limtd, having been conveyed to them by the

personal representatives of the sd Y. deed by an indenture dated,

&c. Neiv British Iron Co., Limtd, 0049 of 1892, Eeg., 21st June,

1892.



Form 326a. Upon, &.c., It is ordered that the sd off recr and liqr be at liberty
Liberty to pay forthwith to pay in full out of the assets of the above-named coy
debts in full, fn his hands in this country the following debts, viz., X. Y. 9,000/.

[&c.], making in the aggregate the sum of 1, with interest thereon

at the rate of 4 p. c. p. a. from . Neto English Bank of the River

Plate (0094 of 1894), Hood, Eeg. 18th June, 1895.

Form 327. Upon the applicon of C. J. S., the off recr and liqr of the above-
named coy, by summons dated, &c., and upon reading the afft of
C. J. S., filed, &c., the order to wind up the coy, dated 19th Jan.
1892; And it appearing that part of the assets of the sd above-
named coy consists of the shares hnftr mentd, and that such shares
are standing in the names of P. B. and J., as trustees for the sd
coy ; And that the sd B. is dead, and that the sd J. has gone out
of the jui-isdiction of this Ct, and his address is unknown ; It is
ordered that tlie right to transfer the 100 shares of \l. each, now
standing in the names of the sd P. B. and J. in the books of the P.

Estate Coy, Limtd, and numbered from to inclusive, and to

receive the dividends or income in respect of such shares, vest in the
sd C. J. S. as off recr and liqr of the above-named coy. Crown Invest-
ment Trust, North, J., 22nd July, 1892.



Order ve.stin
in liquidator
right to
transfer
shares in
trustee for
company.



Form 328. Upon tlie applicon of the off liqr, and hearing counsel for the
y., ~ ~ applicant, and upon reading two orders, dated resply iho 15t]i May

pay oApenBCH and 19th Juno, 1884, and an alft of the applicant filed 18th July, 1885,



MISCELLANEOUS AUTHORITIES TO LIQUIDATOR. 317

and the exhibits therein referred to, Order that the applicant be at of forming
liberty to advance out of the assets of the above-named corporation a ^.^whe^ °
sum not exceeding 2,000/. towai-ds the preliminary expenses of the assets.
Oriental Bank Assets Coy, Limited, montd in the sd afft. Oriental
Bank Corp., Chitty, J., 23rd July, 1885.

Upon the applicon of the off liqr, &c., Order that Mr. L., of the firm Form 329.

of , auctioneers and surveyors, be appointed as a person to report 7 ~ ~

to the judge which, if any, of the valuables included in the particulars of surveyor to

A, referred to in the contract for sale dated, &c., to the L. F. Associa- ^i^tinffuisli

' , . ' fixtures irom

tion, are comprised as fixtures or otherwise in the mortgage dated, &c., chattels.

and which of the other valuables belong to the sd off liqr, distinguish-
ing those of them which are subject, and those (if any) of them which
are not subject, to the distress of the sd mortgagees. And order that
the question by whom and out of what fund the fees and disbursements
of the sd L., and the costs of this applicon, are to be borne and paid,
be reserved. Alexandra Palace Co., Malins, V.-C, 15th March, 1877.
A. 430.

Upon the applicon of the liqr, &c., and upon reading [^sfipcrvision Form 330.

order, &c.], Order that Mr. F., of , be and he is hby appointed Another

to determine what chattels situate upon the ppty comprised in the -form,
mortgage to B. and others dated, &c., are, and what are not, fixtures.
And order that the costs of the sd B. and others, the mortgagees, be
ascertained in Chambers and added to their securities, but in such costs
the attendance of counsel is not to be allowed. Forest of Dean Coal Co.,
M.E., 20th July, 1877. A. 1599.

Upon the applicon of the prov off liqr, &c., Order that the sd prov Form 331.

off liqr be at liberty to employ Messrs. , to make an inventory and £TJ j~

valuation of all the stores and loose gear and other moveable ppty in have inven-
or about the wharf premises of the sd coy, and not being fijstures. And 7 ^J^ „

^ _ "^ ' ° _ valuation of

order that the costs of such inventory and valuation be costs in the chattels made,
winding-up. Butler's Wharf Co., 22nd Oct. 1878, HaU, V.-C. A. 1881.

Upon the applicon of C, the off liqr, «S:c., Order that the conditional Form 332.
contract dated, &c., and made, &c., being the exhibit to the afft of the ~~ ~

sd C. for a lease to the sd M. & W. of a portion of the leasehold shop confirming

and premises situate at Street, Liverpool, in the county of L., at t;ontract to

the rent of 35/. p. a., be carried into effect. Americati Boivling, j^t. Co.,
30th July, 1878. A. 1478.

Tor order giving official liquidator liberty to grant an underlease of part of
company's property, see Economic Benefit Society, Fry, J., 16th July, 1879. A. 1553.



318



WINDING-UP BY THE COURT. [ChAP. XXXI.



A lease of a company's undertaking can be sanctioned aa an arrangement under
the Joint Stock Companies Arrangement Act, 1870. In re Lynevor Lyffryn, fc. Co.y
11 C. Div. 605,



Form 333.

Liberty to
return valu-
ables de-
posited -with
bank for safe
custody.



Upon the applicon of T. and C, the prov [off] liqrs of bank, &c.,
Order that the applicants, as such prov [off] liqrs as afsd, be at liberty,
in the event of any person or persons demanding the return or delivery
up to him or them of any deed, security, or other valuable deposited
with the sd bank for safe custody, to deliver up to him or them such
deeds, securities, or valuables resply, notwithstanding the person or
persons demanding the return of the same is or are a shareholder or
shareholders in the sd bank. And costs of the applicants of and
incident to this applicon to be costs in the winding-up. West of Eng-
land, cj-e. BanJ:, Malins, V.-C, 20th Dec. 1878, B, 2118.



Form 334,

Liberty to
discount bill.



Upon, &c., It is ordered that the [off] liqr of the coy be at liberty to



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