See s. 92 of the Act, and Rules 8 and 9. The original advertisement signed Form 425. by the chief clerk must be sent to the London Gazette office. It is not regular to appoint an official liquidator on the hearing of the petition. General Financial Bank, 20 C. Div. 276. The usual course is to appoint the liquidator in chambers after advertisement, as above. Generally the time for appointment is fixed, and the notice signed by the chief clerk, upon the return of the summons to proceed. See supra, Form 421. At the time fixed the parties attend, and if only one person is proposed, he will, if a proper person, be appointed; if more persons than one are proposed the preference is generally given to the nominee of the petitioner, but Pearson, J. does not follow this rule. Hoyland Co., W. N. 1884, 13. See further Buckley, 211. For form of proposal, see Form No. 7 in Schedule to Rules: this form can easily be altered so as to suit the case of creditors. Evidence must be provided as to the fitness of the proposed liquidator, and the following affidavits will serve as examples. It is generally desirable to have more than one affidavit of fitness. Where a proper person has been chosen in chambers, an order can be made appointing him official liquidator, and directing him to give security within a time limited, or the appointment may be postponed until after he has given security. The last-mentioned plan is that most commonly adopted. See further, infra, note to Form 427. 1. I have for more than [15 years] last past known as being well Form 426. acquainted with W., of, public accountant, the person proposed to Affidavit of be appointed off. liq. of the above-named co. 2. The sd W. is a member of the firm of public accountants, and has been a member of such firm for the whole period during which I have been acquainted with him. 3. The sd W. is a person of respectability and integrity and of good credit, and in my judgmt he is a fit and proper person to be appointed off. liq. of the co. fitness. Upon the applicon, &c., and upon reading, &c., the judge doth hby Form 427. appoint R., of, &c., off. liq. of the above-named co. [If security has not Order appointbeen given add, and it is ordered that the sd R. do (forthwith, or), on or ing official liquidator. before the day of next, give security to be approved of by the judge.] And it is ordered that the sd R. do, on the day of and day of, 18-, and on the same days in each succeeding year, leave his accounts at the chambers of the judge. And it is ordered that all monies to be received by the sd R. be pd by him into the Bank of England to the credit of the account of the off. liq. of the sd co within seven days after the receipt thereof. [In case two or more off. liqs. are appointed add, and the judge doth declare that the following acts required or authorised by the above statutes to be done by the off. liq., may be done by either [or, any one, or, two] of the off. liqs. hby appointed, that is to say, [describe the acts]; and that all other acts so required or authorised to be done, be done by both [or, all] the off. liqs. hby appointed.] The above is the form of order appointing an official liquidator given in the third Schedule to Rules. According to present practice the official liquidator F F Form 427. usually gives security before the order is drawn up, as in the case of a receiver (see Order L., rr. 16, 17, and Re Hoyland Co., 28 S. J. 152, 123, and Form 428, infra), or is ordered to give security "forthwith." The order usually provides for half-yearly accounts, but orders providing for yearly accounts are not uncommon. See Association of Land Financiers, Malins, V.-C., 26 Nov., 1878. 2132. Care should be taken as soon as the order is entered to open an account at the Bank of England. This is done by notice signed by the three chief clerks of judge and by official liquidator. See Form 14 in Schedule to Rules, and Rules 11, 32, 36-44. Office copy of order to be left at Bank, Rule 11. Form 428. Upon the applicon of S., &c., and upon reading the afft, &c., and the Appointment recognisance dated the 9th of Feb., 1878, entered into by W. and A. and where security M. as his sureties, which recognisance has been approved by the judge already given. and duly enrolled. Let the sd W. be appointed off. liq. of the abovenamed co, and [usual directions]. River Plate, &c., Co., Malins, V.-C. 13th Feb., 1878. 2357, B. Form 429. Appointment where com Upon, &c., and upon reading the several affts, &c., the recognisance dated 3rd Nov., 1878, acknowledged by B. and W., and a bond dated 27th Nov., 1878, by the same parties and The Association, Limtd, pany is surety. duly enrolled on the 4th of December, 1878, appoint B. and W. joint off. liqs. of the above-named co. And [accounts, and payments into Bank]. The Tea Co., Hall, V.-C., 6th Dec., 1878. 2108, B. Form 430. Advertisement of appointment. Appointment of solicitor. Form 431. Summons to Title: supra, Form 381. Notice is hby given that Mr. Justice - has, by an order dated the of, to be off. liq. of the above -th day of appointed Dated this of A. B., Chief Clerk. Rule 14 of the General Orders of 1862 provides that every appointment of an official liquidator shall be advertised in such manner as the judge shall direct, immediately after he has been appointed and given security. The original advertisement must be written on stamped form, and sent to office of London Gazette. Section 97 of the Act of 1862 enables the liquidator, with the sanction of the Court, to appoint a solicitor. The form of appointment is given in the Schedule to Rules, No. 12. The sanction is obtained on summons. Where there are several liquidators they must concur in the appointment of a solicitor; see note to Form 717. As to duties of the solicitor, see Rule 68. Let, &c., on the pt of the off. liq. of the above-named co to settle the security to be given by him pursuant to the order in these matters made settle security. the - day of See as to the security to be given by official liquidators s. 92 of the Act of 1862, and Rules 10, 11, and 12, and Rules of 1883, 672-679. The above summons is only used where the order appointing the liquidator directs him to give security. See Form 427. But in many cases security is given before the order of appointment. The chief clerk determines the amount and nature of the security to be given, and evidence as to the assets should be forthcoming. Where ordinary securities are to be proposed, an affidavit as to means must Form 431. be provided. See Form 10 in Schedule to Rules. And they will enter into a Guarantee recognisance for the amount fixed. For form of recognisance, see Form 9 in Schedule to Rules. But in many cases the bond of a guarantee company is accepted instead of the recognisance of ordinary sureties. The following are the chief London companies doing such business, viz.: The Guarantee Society-The Provident Clerks and General Accident Insurance Company Limited-The National Guarantee and Suretyship Association Limited-The London Guarantee and Accident Company Limited. The premium is usually 10s. per cent. per annum. Where a person desires to have one of these companies for his sureties, he should apply for form of proposal. The proposal generally requires a reference to a banker and solicitor, and if the reference is satisfactory, the proposal is accepted, and the applicant's solicitor will be furnished with a printed form of bond and affidavit as to the company's means, to be submitted to the chief clerk for approval. The liquidator has to enter into a counter agreement with the guaranteeing company. See Krehl v. Great Central Co., L. R. 5 Ex. 289. The following is the form of bond usually adopted : Know all men by these Presents, That I, C. of companies. company and We, Form 432 The Co, Limtd [or Society] are jointly and severally held and Bond where firmly bound unto [A. and B., two senior chief clerks] of the High Ct of guarantee Justice, in the sum ofl. of lawful money of the United Kingdom of sureties. Great Britain and Ireland, to be pd unto the sd A. and B., or one of them, or the exs or ads of them, or one of them. For which paymt well and truly to be made I, the sd C., for myself, my heirs, exs, and ads, and every of them, and We, the sd co [or society], for ourselves and our successors, do bind and oblige ourselves for the whole firmly by these presents. Sealed with the seal of the sd C., and also with the scal of the sd co [or society]. Dated the day of in the year of our Lord 188-. Co, WHEREAS in the matter of the Cos Acts, 1862 and 1867, and in the matter of The Co, Limtd, the judge to whose ct the winding up of the sd co is attached, has by an order dated the day of appointed the sd C. off. liq. of the sd co, and has thereby directed him to give security to be approved of by the sd judge [or, in case the security precedes the order appointing, has approved of the sd C. as a proper person to be appointed off. liq. of the sd co, upon his giving security]. AND WHEREAS the sd judge has approved of The Limtd, above named, to be sureties for the sd C. for the sd sum of -7., and has also approved of the above bond, with the underwritten condition, together with the recognisance of the sd C. in the penal sum ofl., bearing even date herewith, as a proper security to be entered into by the sd C. and the sd co pursuant to the sd order and the general order of the ct in that behalf, and in testimony of such approbation the chief clerk of the sd judge hath signed an allowance in the margin hereof and of the sd recognisance respectively. Now the condition of the above-written bond or obligation is such Form 432. that if the above-bounden C., his exs or ads, or some or one of them do and shall duly account for what he the sd C. shall receive or shall become liable to pay as such off. liq. of the sd co as afsd at such period and in such manner as the High Ct of Justice or the judge thereof to whose et the winding-up of the sd co shall for the time being be attached shall appoint, and do and shall pay the same as such ct or judge hath directed or shall hereafter direct, then the above-written bond or obligation shall be void or else shall, subject to the provisions hereafter contd, be and remain in full force and virtue, PROVIDED always that if default shall be made by the sd C. in paying to the sd co [or society], on or before the day of, in any year of guarantee, the annual premium or sum of 7, then the sd co [or society] shall, at any time after such default in paymt be at libty to apply by summons to the judge at chambers to whose ct the winding-up of the sd co shall for the time being be attached to be relieved from all further liability as such sureties as afsd from the final hearing of such summons; such summons having been served upon such persons as the judge shall direct, and being finally heard all further liability of the sd co [or society] as such sureties as afsd shall from and after such final hearing of such summons or from and after such other time as the judge shall direct, cease, and determine, save and except in respect of any loss or damage occasioned by any act or default of the sd C. in relation to his duties as such off. liq. as afsd previously to such cesser and determination of liability: PROVIDED always and it is hby agreed and declared that this bond is entered into by the sd co [or society] on the condition that the capital stock and funds according to the articles of association of the sd co [or the deed of settlemt of the sd society] shall alone be liable to answer and make good all claims in respect of this bond, and that no director or proprietor of the sd society [or co] shall in any manner be personally liable or subject to any claims or demands by reason of such bond beyond the amount unpaid of his or her share or shares of such capital stock or funds [the preceding proviso is not necessary in the case of a limtd co]: Provided always that a certificate or certificates under the hand of the chief clerk for the time being of the judge to whose ct the winding-up of the sd co shall for the time being be attached of the amount which the sd C. as such off. liq. as afsd is liable to pay and has not pd, shall be sufficient and conclusive evidence against the sd C., his heirs, exs, and ads, and against the sd co [or society], and also as between the sd co [or society] and the sd A. and B., of the truth of the contents of the sd certificate or certificates, and that this bond has become forfeited thereby to the amount of the sum stated in such certificate or certificates, and shall form a valid and binding charge and claim not only against the sd his heirs, exs, and ads, but also against the sd co [or society] and the funds and ppty thereof without its being necessary for the sd A. and B., or either of them, their or either of their exs or ads first to take legal or other proceedings against the sd C., his heirs, exs, or ads, for the recovery thereof, and without any further or other proof being given either by or on the pt of the sd A. and B., or either Form 432. of them, their or either of their exs or ads in any action, suit, or proceeding, to enforce this bond against the sd co [or society], or against the sd C., his heirs, exs, or ads, or by or on the pt of the sd co [or society], in any action or proceeding against the sd C., his heirs, exs, or ads, of the amount of such damage or loss, or that the same has been sustained, incurred, or occasioned by and through the act or default of the sd C. while in office: Provided always, and it is further agreed between the sd C. and the sd co [or society], that the sd C. shall and will on being discharged from his office of or ceasing to act as such off. liq. as afsd, forthwith give notice thereof in writing, and also furnish to the sd co [or society], free of charge, an office copy of the order of the court or judge discharging him from his office as such off. liq. as afsd: And further, that he the sd C., his heirs, exs, and ads, shall and will from time to time and at all times save, defend, and keep harmless the sd co [or society] and their successors and the ppty and funds of the sd co [or society] from and against all loss and damage, costs, and expenses which the sd co [or society], or the funds or ppty thereof, shall or may or otherwise might at any time sustain or be put unto or for or by reason or in consequence of the sd co [or society] having entered into the above-written bond for and at the request of the sd C. IN WITNESS whereof the sd hath hereunto set his hand and seal, and the sd co [or society] have hereunto caused their common seal to be affixed the day and year first above written. The bond requires a 10s. stamp. The recognisance does not require a stamp. As to reopening accounts after chief clerk's certificate of liability to pay, see Birmingham Brewery Co., 48 L. T. 632; 31 W. R. 415. Upon the applicon of the off. liq., &c., Let the time by the sd order Form 433. dated 23 January, 1878, within which the off. liq. was directed to give Order security, be enlarged to the 20th Feb., 1878. Phosphate Sewage Co., extending Malins, V.-C., 6 Feb., 1878. B. 203. Sometimes security cannot be given within the time limited, and in such case a summons to extend the time should be taken out, or if desirable application can be made to the Court by motion ex parte. time for giving security. In psuance of the directions given to me by the V.-C., Sir Form 434. day I hby certify that in psuance of the order, in these matters dated, &c., Chief clerk's N. of who is by the sd order appointed off. liq. of the certificate of above-named co, and who is thereby ordered on or before the security given. of ——, to give security to be approved of by the sd judge has given security pursuant to the General Orders and Rules of Ct, and has entered into his own recognisance and into a bond together with the [guarantee society of, &c.], or his sureties, which recognisance and bond, and dated respively the- day of, and have respively been approved by the judge [or by entering into a recognisance together with and his sureties, dated the day of which has been approved |