Charles Mac Naughten Sir Francis Beaufort Palmer.

Company precedents for use in relation to companies: subject to ..., Volume 2 online

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toMl^ firm ^^ premises of the above-named coy. And order that the off liqr be

at liberty to employ , of the firm of , for the purpose of dis-



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SALE OF PROPEETY. 363

posing of the sd goods and chattels. And order that the sd ^ liqr be
at liberty to close the business of the coy, and that all pajmeiks proper
to be made by the off liqr pursuant to this order be allowed in his
account. Ari Furnishers' Co,, North, J., 7th Aug. 1883. A. 1320.



Upon the applicon of the off liqrs, &c., Order that the off liqrs be Form 280.
at liberty to offer for sale by public auction without reserve (but sub- T^ZTTl
ject to the conditions of sale already approved by the judge), at B., sell ship,
the barque called, &c., which, prior to the suspension of the bank, was
mortgaged by C. to the bank for the purpose of securing, &c. Costs
of applicon to be costs in winding-up. West of England Bank, Fry, J.,
5th July, 1879. B. 1422.



Upon the applicon of W., of, &c., chartered accountant, the liqr of Form 281.
the above-named coy, and upon hearing the solor for the applicant ^j^OTtvlo
and for J. and C, the holders of all the first mortgage debentures sell news-
issued by the above-named coy (the sd 0. being the purchaser of the P*P^'
ppty hnf tr referred to) ; and upon reading the order to wind up under
supervision, dated, &c., an afft of the sd W., and the exhibit W. 1
therein referred to, an afft of X., and an afft of J., aU which affts
were filed on the 24th of May, 1892, It is ordered that the applicant

be at liberty to sell to the sd 0., of, &c., for the sum of /., the

copyright of the P. W. Newspaper, with the benefit of all advertising
contracts subsisting in connection therewith and remaining to be
performed on the 28th day of May, 1892, and all such of the drawings,
electroiypes, blocks, and literary matter in the possession of the
applicant as have not already been published in the sd newspaper on
the 28th day of May, 1892, and the furniture now in and upon the
premises No. 149, Strand, where the business of the sd coy is carried
on, and the stock of old numbers of the sd P. W. and coloured plates
now in the possession of the applicant. Netv Pictorial Publishing Co.,
1892, N. 0144, Eeg., 26th May, 1892.



Upon the applicon of the off liqr of the above-named coy, &c.. Form 282.
Order that of the ppty of the coy in Nova Scotia the following be Ord f sal
sold, with the approbation of the judge, namely — (1) The, &c. ;
(2) The, &o. ; (3) and (4). And order that the money to arise by
such sale be pd into the Bank of England to the credit of [the off
liqr, to an account to be entled "Proceeds of sale of ppty sold in the



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364



year 1878 "].
A. 1583.



Payment into
Court.



WINDIJJG-UP BY THE COUET. [ChAP. XXIX,
Cape Breton^ Sfc. Co.^ Malins, Y.-C, 24th July, 1878.



The Court maj order a purchaser to pajmonej due to the company into ilie
Bank of Englaiid, or any branch thereof, and such order may be enforced in ilie
same manner as if it had directed payment to the liquidator. Sect. 103 of 1862.

But the money should now in ordinary cases be ordered to be paid in to the
credit of the Companies Liquidation Account at the Bank of England. Sect. 11 (2)
of 1890 : and see Chap. XXV.

For order giving provisional official liquidator liberty to sell, see Briton Mtdicalf
8th June, 1886. A. 848.



Form 283.

Liberty to
sell gx)odwill
and assets of
business.



Upon the applicon of B., the off liqr of the sd coy, by smnmons,
dated the 27th Jan. 1886, and upon hearing the solors for the appli-
cant, and upon reading an order dated the 7th Jan. 1886, and an afft
of the applicant, filed the 1st Feb. 1886, It is ordered that the sd B.,
as such off liqr as afsd, be at liberty to sell, with the approbation of the
judge, all the assets, consisting of trade goodwill, patent rights, plant,
fixtures, stock (manufactured or otherwise), materialfl, implements of
trade, and effects (other than book debts) of the above-named coy now
remaining, or which on the 14th Feb. 1886 (the day on which by the
sd order of the 7th Jan. 1886, the period allowed to the sd applicant
for carrying on the sd business will expire) will be remaining in the
hands of the sd applicant as such off liqr, or belonging to the sd coy.
And it is ordered that the money to arise by such sale as afsd be pd
to the credit of [the account of the off liqr of the Hygienic, &c. Coy,
limtd, at the Bank of England]. And it is ordered that as from the
sd 14th Feb. the sd off liqr be at liberty to close the business of the
sd coy. Hygienic Heating^ Sfc» Co,^ Chitty, J., dOth Jan. 1886.

See previous order in same case giving liberty to cany on the business, Fonn 254,
Chap. XXYI.



Form 284. Upon the applicon of M. and H., the off liqrs, &c., Order that the
Q^^^y^ applicants, as such off liqrs, be at liberty to sell by public auction the

liberty to sell, real and personal estate of the coy, comprised in the following par-
ticulars, that is to say — 1. All that, &c. ; 2. All those, &c., &c., free
from the incumbrances of such of the incumbrancers thereon as shall
consent to such Eale, and subject to the incumbrances of such of them
as shall not consent. And order that off liqrs be at liberty to sell the
remaining real and personal ppty of coy in England at such time and
upon such terms, and either by public auction or private contract, as
they shall from time to time think expedient. And order that the
money to arise by sale of any of the abovo-mentd properties be pd into
Bank of England, Manchester branch, to account of [off] liqrs.



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SALE OF PEOPERTY. 365

Costs of applioon and of all proceedings relating thereto to be costs in
liquidation. Beverley Iron and Waggon Co., HaJl, V.-O., 9th April,
1879. A. 706.

The money will, under the present practice, only be ordered to be paid into a
local bank, where the sanction of the Board of Trade to keep such an account has
been prerionsly obtained.



Upon ihe.applicon of M., the off liqr of the coy, and upon hearing Form 285.



the solors for the applicant, and for G. and E., equitable mortgagees, g^le of works
and upon reading orders dated, &c., and an afEt of M., filed, &c., It is proceeds to bo

T^odved bv

by consent of C. and E., by their solors, ordered that the freehold liquidator and

land and buildings belonging to the coy, together with the goodwill paid into

of the business of the coy and fixed plant, machinery and other effects

known as, &c., situate at, &c., be sold by public auction, subject to

reserves being fixed by the judge. And it is ordered that the sd M.

be at liberty to receive the money to arise by the sd sale, and. that he

do, within fourteen days after the receipt thereof, pay the proceeds into

Court as directed by the schedule hto. Re Oliver ^ Co., Chitty, J.,

13th Oct. 1886, Lodgment Schedule.



Upon the applioon of the off liqr, Order that the applicant, as such Form 288.



off liqr, be at liberty to sell by auction, or otherwise as he may think Liberty to sell
expedient, the mineral property belonging to the sd coy situate at B., mines and
in the county of C, and also the machinery, plant, implements, mate-
rials and other effects thereon belonging to the sd coy. And order
that the money to arise by such sale be pd to the sd applicant and be
accounted for by him in his account as such off liqr as afsd. Wheal
George Lead Co,, Kay, J., 3rd April, 1884. B. 500.



Upon the applioon of T. and C, the [off] liqrs, Order that the ap- Perm 287.
plioants be at liberty to offer for sale by public auction, with the f^j^^ZT^^J
approbation of the judge, all the interest of the bank in the leasehold sell leasehold
plot of land, with the manufactory, &c., held under lease, dated &c., ^^^^*^*^°°^j
and which are now vested in the sd bank with power of sale pursuant in mortgage.
to an indre of mortgage of the 24th Oct. 1876. And order that tha
purchase-money to arise by such sale be pd into Ct to the credit of,
&c. And costs of applioon of and incident to this applicon to be costs
in winding-up. West of England Bank, Malins, Y.-O., 13th April,
1880. B. 796.



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366 WINDING-UP BY THE COUkT. [ChAP. XXIX.

Form 288. Upon the applicon of the liqrs of the coy, and upon hearing the
Order for sale ^^^^^ ^^' ^® applicants and P. and H., mortgagees, npon a portion of
with consent the premises hnftr mentd, and upon reading, &c., and the sd B. and
M^^' H. by their solor consenting to the sale, Order that all land and build-

ings belonging to the sd coy, and the goodwill of the business of the
coy, together with machinery, stocks, materials, loose tools, and all
pending and future contracts, be sold with the approbation of the
judge, free from the incumbrances of the sd P. and H. on the sd
ppty ; and that the money to arise from such sale be pd into Ct to the
credit of, &c., subject to further order ; and if such money, or any part
thof , shall arise from real estate sold with the consent of incumbrancers,
the money so arising is to be applied, in the first place, in payment of
what shall appear to be due to such incumbrancers according to their
priorities. Emmenon^ Murgatroyd 8f Co., Pearson, J., 7th Dec. 1888.
A. 1815.



Form 289. Upon the applicon of W. F., of , and upon hearing the solor

Order to t^^ ^® applicant and for the off liqr, and for Messrs. B. & Co., W., &c.,

concur in sale and upon reading, &c., and the sd W. F. by his solor undertaking out

gaffees. ' ^^ *^® proceeds of the sale of the sd Collieries to pay the sum of

3,200/. into the bank of Messrs. P. & Co., in the joint names of the sd
W. F. and Messrs. G. & Sons, to answer any amount which may be
foimd due to the sd Messrs. G. & Sons under charges given by the
liqr pursuant to the sd orders in this matter dated 6th and 17th Jan.
1877, let the liqr of the sd coy be at liberty to concur in the sale by

auction of the sd Collieries, as described in the printed particulars,

proposed to be held on 9th Aug. next, and also in case of the collieries
or any of them being sold at such auction in any subsequent sale or sales
by the sd W. F., or as to the L. Colliery by the sd G. by private contract
under the powers of the several mortgage securities for the purpose of
transferring to any purchaser or purchasers at any such sale the inte-
rest of the coy in the collieries comprised in the several lots or either
of them, as the case may require ; and that the sd liqr be at liberty to
sell to any purchaser or purchasers at the sd sale or sales all such parts
of the colliery plant, including the live and dead stock, stores, and
materials as are not comprised in the several mortgage securities upon
the terms of the sd coy*s plant to be ascertained by valuation in the
usual way, being pd by the respive purchasers on the completion of
the purchase or at such other times as may be agreed on ; And it is
ordered that in case there shall be any dispute as to what plant may
or may not be included in the sd several mortgage securities, such
matter shall be determined after the sale by the judge, and such pay-
ments or allowances shall be made in respect thof as the judge may



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SALE OF PROPERTY. 367

direct ; And it is ordered that the mortgagees resply be at liberty to fix
such reserve upon the several lots at the sd sale, and if both lots shaU
be offered together, such reserve upon the whole as shall be agreed on
between them and the sd off liqr, or in case of difference be settled
by the judge, and of the costs, charges, and expenses of the sd
mortgagees and of Messrs. B. & Co. in relation to the sd sale by
auction in case of the ppty being bought in, including the cost of all
proceedings before the judge in reference to the sale, and all pre-
liminary proceedings in advising on title, or otherwise preparing for
the sale, may be added by the mortgagees to their respive securities ;
and that the off liqr may execute such deeds and other assurances as
he may be advised or the Ot may direct for transferring to the
respive purchasers the interest of the coy resply in the sd collieries
and plant and in all workmen's cottages and other ppty held in con-
nection with same collieries resply, and also in all existing contracts
or other matters connected with the business of the collieries ; and aU
tke sd mortgagees may be at liberty to settle the daim to the landlord
foT rents and royalties, way-leaves, and other outgoings in respect of
the sd ooUieriee, and all claims and the wages of workmen employed in
carrying on the sd collieries, and to add the amount to the security,
and that in exercising the power of sale over the sd colHeries the sd
mortgagees resply shall, with the concurrence of the off liqr, be at
lil)erty to allow such part of the purchase-money as they may resply
think fit to remain charged on the sd collieries either by way of mort-
gage, debenture, or share capital in providing for the payment of
the mortgage of Messrs. B. & Co. Original Hartlepool Collieries^
27th July, 1877. B. 1522.



Upon the applioon of the off liqr, &c., and upon hearing the solors Form 290.

for the applicant and for and , trees for the debenture fT~I~T~

holders, and upon reading, &c.. Order that the applicant be at liberty conourin sale
to concur in the sale of the ppty directed by an order made in the by debenture
action of Vickerman v. The Bonville Court Coal Co. (1877), V. 89, and ^ ^*
dated 7th Feb. 1878. And order that the ppty of the sd coy other
than the ppty mentd in the sd indenture be sold at the same time and
place as the ppty directed to be sold by the sd order. And order that
the moneys to arise by such sale be pd into Ct to the credit of the

sd action of . And order that so much of the purchase-money to

be pd into Ot to the credit of the sd action as is attributable to the
ppty sold under this order, and not included in the sd order of the
7th Feb. 1878, be distinguished from the purchase-money arising from
the ppty sold under the sd last-mentd order. Bonville^ s Court Coal, Sfo.
Co., Hall, V.-C, 22nd Feb. 1878 ; A. 440; Llanganneck CoUieries Co.,
M. E., 13th Dec. 1877. B. 2062.



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368



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



Form 291.

Order for
inquiry and
sale where in-
omnbranoes.



Upon the applicon of the off liqp, &c., Order that the following
' inquiry and accounts be taken and made : —

1. An inquiry whether any and what incumbrances affect the real

and leasehold estate of the sd coy situate at , and the chattels and

effects of the coy thereon, or any and what parts thof , and the priorities
of such incumbrances.

2. An account of what is due to such incumbrancers as shall consent
to the sale hnfter directed in respect of their incumbrances.

And order that the real and leasehold estate, chattels and effects of
the sd coy, consisting of the Alexandra Palace buildings and grounds,
and their contents, be sold, with the approbation of the judge, free
from the incumbrances (if any) of such of the incumbrancers as shall
consent to the sale, and subject to the incumbrances of such of them
as shall not consent. And order that the money to arise by such sale
be pd into the Bank of England to the credit of, &c. ; and if any such
money or any part thof shall arise from ppty sold with the consent of the
incumbrancers the same is to be applied in the first place in payment
of what shall appear to be due to such incumbrancers according to
their priorities ; and any party interested is to be at liberty to apply at
Chambers as he may be advised. Alexandra Palace^ Malins, V.-C,
15th Dec. 1876.

See sect. 25 of the Conveyanoing and Law of Property Act, 1881, as to sales in
actions.



Form 292.

Order for
sale subject
to special



Upon the applicon of the off liqr of coy, &c.. Order that the sd off
liqr of sd coy be at liberty to sell the ppty of the sd coy situate in the

Island of Jamaica, and contracted to be purchased from by the

sd agreemt dated, &c., but such sale is to be subject to the conditions
of sale which have been approved by the judge, and are identified by
the signature of the chief clerk of the judge to a memdum in the
margin thof. Jamaica Fibre Co., Hall, V.-O., 13th July, 1878.
A. 1469.



Form 293.

Order to carry
into eflect
contract for
sale.



Upon the applicon of the off liqr of the above-named coy, and upon
hearing the solors for the applictmt, and upon reading, &c., It is
ordered that a contract dated, &c., and made between the applicant of
the one part and O. of the other part, being a contract for the sale
to the latter of a freehold house and land situate at, &c., at the price

of /. be carried into effect. And it is ordered that upon payment

of the sd sum of /. by the sd G. to the Bank, Limtd, the

mortgagees of the sd house and land, the applicant be at liberty to
affix the seal of the sd coy to an assurance of the sd house and land



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SALE OF PROPERTY. 369

in accordance with the sd contract. North London Freehold^ 8fc. Co.^
Bacon, V.-C, 2nd April, 1886.



Upon the applicon of G., the liqp, &c., Order that the conditional Form 294.

contract entered into between the sd liqr and B., of , for the sale Approval of

o^ &c., be carried into effect. And the sd B. declaring himself con- conditional
tent with the title to the premises, Order that the sd B. pay into Ct to ^^^^^ *^'
the credit of, &c., the sum of 2,500/., being the purchase-money as
agreed for the coy's rights and interests in the sd mines; and that
upon such payment being made, the sd B. may be let into immediate
possession of the sd rights and interests. And order that upon such
payment being made the sd liqr do join in and execute a proper assign-
ment under the seal of the sd coy of such rights and interests to the
sd B., his exors or admors, such assignment to be settled by the judge
in case the parties differ about the same. Ramsgtll Mining Co,,
HaU, V.-C, 26th May, 1877. B. 946.



Upon the applicon by summons dated, &c., of the off recr and liqr, Form 294a.
and upon hearing, &c., and upon reading, &c. It is ordered that the Liberty to
sd off recr and liqr be at liberty to annul the sale of his interest in annul sale
the coy's ppty in the Bepublic of Salvador made on, &c., to M. And out wnS^
it is ordered that the conditional contract between the coy and B., tional con-
the off recr and liqr of the coy, of the one part, and 0., of, &c., of the ^^Z^^

other part, dated, &c., for the sale to the sd 0. at the sum of /. abroad/^

of the interest of the sd off recr and liqr in the hereditaments and
premises therein described or referred to, being the estates of the coy
in the Republic of Salvador, be carried into effect. And it is ordered
that the sd B., as such liqr, be at liberty to execute such power of
attorney as may be necessary for the purpose of cdrrying the sd con-
tract into effect, and enabling the registration of the sd ppty to be
made in the name of the sd 0. Divisidaro Oold, ^c. Co., 83 of 1891,
Hood, Reg., 1st Feb. 1899.



Upon the applicon of , the off liqrs, &c.. Order that the sd P., Form 296.

as purchaser under the sd agreemt, do on before the 10th day of Orderon
Dec. 1 886, or subsequently within four days after service of this order pnrchaaer to
upon him, pay the Sum of 550/., being the amount of the purchase- ^liquidator,
money due from him under the sd order and agreemt, in the manner
thereby provided, that is to say, the sum of 400/., part thof to the sd
F. P. and D. P., and the sum of 150/., the remainder thof, to the sd
J. H. W., as off liqr of the sd coy. And in default of the sd P.

p. B B



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370 WINDING-UP BY THE COURT. [ChAP. XXIX.

making such payments, order that the applicants be at liberty to
make such applicon as they may be advised with reference to a re-sale
of the premises, and payment of any deficiency and costs by the sd P.
Iligham Creek Co,y Kay, J., 10th Nov. 1886. A. 1552.



Form 296.

Order to pay
balances of
purohase-
money into
Court after
auction.



Upon the applicon of the off liqr of Society, and upon hearing

the solors for the applicant, and for the persons named in the schedule
of purchasers hto, such persons, except C. H. and J. H., being the
persons by the chief clerk's certificate, dated 15th May, 1884, certified
to be the purchasers of the premises comprised in the lots set opposite
their respive names in the sd schedule, and the said C. H. and J. H.,
being the purchasers under the contracts, confirmed by the orders
dated, &c., of the premises comprised in the lots set opposite their
respive names in the sd schedule, or such premises being part of the
pstate sold under the order dated 27th Feb. 1884, and upon reading
the sd order and certificate and the certificate of fund, and the sd
purchasers by their solors declaring themselves content with the title
to the premises comprised in the respive lots, Order that the respive
purchasers named in the sd schedule do, on or before 17th July, 1884,
pay into Ct the respive sums mentd in the lodgment schedule hto,
such sums being made up of the amounts mentd in the sd schedule of
purchasers. And it is hby ordered that upon any of such payments
being made the purchaser making such payment be let into possession
of the premises purchased by him, and receipt of the rents and profits
thof from 15th July, 1884, and that aU proper parties do join in and
execute a proper conveyance or assignment of the premises to the sd
purchaser or as he shall direct, such conveyance or assig^nment to be
settled by the judge in case the parties differ. And order that the
funds in Ct and to be lodged be dealt with as directed by the
lodgment schedule hto, and the sd sums in the lodgment schedule hto
are not to be pd out except for the purchase of annuities, and such
annuities are not to be sold, transferred, or otherwise dealt with
without notice to the persons by whom such lodgment shall have been
made. Mutual Aid, Sfc. Society, Kay, J., 27th June, 1884. B. 2037.
Schedule of Purchasers, containing five columns, intituled — (1) Names
and addresses of purchasers; (2) No. of lot; (3) Purchase-money;
(4) Deposit ; (5) Balance of purchase-money.

Lodgment and Payment Schedule,



Form 297.

Order to pay
balance of



Upon the applicon of W. and H., the persons by the chief dork's
certificate, dated 25th April, certified to be the purchasers, &c., Order
that the applicants be at liberty, out of the sum of 90/., the balance of



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SALE OF PEOFERTY. 871

the porohase-monej of the sd premises and goodwill, as certified by the purohase-

sd chief derk's certificate, and 901/. 14s. lOd., the ascertained amount Coi^imdfor

of the valuation of the plant, machinery, and other effects, as provided conveyance,

by the 10th condition of sale, making together 991/. I4s. 10</., to pay ^'

F., the lessor of the premises sold, 410/. 6s. 4d, for arrears of rent up

to 29th April, 1884, the [o£E] liqr having no funds to pay the same.

And the applicants by their solors declaring themselves content with

the title to the premises. Order that the applicants do, on or before

3 1st May, 1884, pay into Ct, as in the schedule mentd, the sum of

681/. Bs. 6c/., being the residue of the 991/. 14«. lOd. And order that

upon such payment being made the applicants be let into possession

of the premises and receipt of the rents and profits thof , as from the

29th April, 1884, and that all proper parties do join in and execute a

proper conveyance of the premises to the applicants or as they shall

direct, to be settled by the judge in case the parties differ. And order

that G., the auctioneer, be at liberty to pay into Ct, as in the schedule

mentd, the sum of 10/. received by him by way of deposit. And at

the request of the sd [off] liqr by his solors, Order that the funds in Ot

be dealt with as directed in the schedule hto, and the sd sums are not

to be pd out except for the purchase of annuities ; and such annuities

are not to be sold, transferred, or otherwise disposed of, without notice

to the applicants, W. and H. Pure Water Beverage Co., Pearson, J.,

12th May, 1884. B. 1539. [Schedule as below.]

liODOMENT SOHEDTTLE.

In the High Court, &c. 12th May, 1884.

In the matter, &o.



Online LibraryCharles Mac Naughten Sir Francis Beaufort PalmerCompany precedents for use in relation to companies: subject to ..., Volume 2 → online text (page 49 of 152)