Form 434. of by the sd judge,] in testimony whereof I have signed an allowance in the margin thereof [respively].

Form 435.

Summons to

reduce security.

Form 436.

Order reducing security.

Form 437. Another.

Form 438. Order on

The evidence adduced consists of the affidavit of the sd N. filed, &c.

When security has been given pursuant to an order, the chief clerk will certify as above. Where the liquidator gives security before appointment (Form 427) the necessity for this certificate is avoided.

On the pt of the off. liq. of the above-named co that the security given by him and his sureties, J. & K., in these matters by the recognisance entered into by them for 30007., and dated, &c., may be reduced to the sum of 5007.

Where in the course of a winding up, by reason of the distribution of assets or otherwise, it is considered that the security given by the official liquidator is excessive, he usually applies by summons for an order reducing the same. The summons should be supported by an affidavit as to the facts.

Upon the pplicon of M., the off. liq., &c., Let the security given by the sd off. q. in these matters be reduced as from the date of this order to the sum of 2007., and let the sd bond of the sd M. and The - Co, Limtd, as from the date of this order, stand as a security for the sum of 2007. only, instead of the sum of 10007., in respect of any sum or sums of money to be received by the sd off. liq. after the date of this order, but subject and without prejudice to the liability of the sd M. and the sd co or either of them under the sd bond in respect of any sum or sums of money received by the sd M., or otherwise, prior to the date of this order. Thermo Electric Generator Co., Limtd, M. R., 19 July, 1878. 1548 B.

For order reducing the security by bond given by official liquidator and receiver [in action] for debenture holders from 10,000l. to 500l., see Western of Canada Oil, &c., Co., Limtd., M. R., 24 July, 1878. 1559 B.

Upon the applicon of the off. liq., &c., It is ordered that the security given by the sd off. liq. by bond, together with The Co, Limtd, as his sureties, dated the 23rd Jan., 1877, be and the same is hby reduced from the sum of 10,0007., the amount named in the sd bond, to the sum of 20007., and that the sd bond do, as from the date hereof, stand as a security for the sum of 20007. and no more, And it is ordered that the liability of the sd co in respect of the matters mentd in the sd bond, shall after the date hereof be limtd to the sum of 20001. Britannia Iron Works, M. R., 7 Mar., 1878. A. 480.

Upon the applicon of B., the off. liq., &c., and upon reading the orders, &c., and the chief clerk's certificate, dated, &c., an office copy of retirement of the recognisance entered into by the sd B. together with W. & D. as his sureties, dated, &c., and the sd W. & D. being desirous of retiring from such suretyship, and the sd off. liq. having given fresh security approved by the judge, such fresh security consisting of a recognisance,

sureties.

&c., which sd last-mentd recognisance has been duly enrolled, Let the sd Form 438. recognisance entered into by the sd B., together with the sd W. & D., as

his sureties, dated, &c., be vacated. South Devon, &c., Association, M. R., 18 April, 1878. 845 B.

Special circumstances must be shown to induce the Court to allow a surety to retire. See further Seton 444 et seq.

On the pt of the off. liq. of the above-named co, that he may be at Form 439. libty to put in suit the recognisance dated, &c., entered into by A., the late off. liq. of the sd co, together with

Dan. Forms p. 906; Seton 444.

&

his sureties.

For order enforcing recognisance against surety see Moorwood Moor Co., Malins, V.-C., 7 Aug. 1877. B. 1483.

Compare with order in Seton, p. 443, and see Dan. Forms, p. 906.

Summons for liberty to put recognisance in

suit.

Where an official or provisional liquidator is discharged, whether upon a Vacating. dissolution order being made or otherwise, an order is made vacating any recognisance or bond entered into or given by him or his sureties. See Forms 418 and 461 et seq.

On the pt of the off. liq. to proceed on his first [or as the case may Form 440. be] account herein.

As to the accounts see Rules 11, 13, and 19, and Rules of 1883, 674-679. At the time appointed by the order [Form 427] the account should be left, duly verified as below mentioned, and a summons taken out as above. Where the provisional liquidator has been appointed official liquidator, he will have to bring in separate accounts and a separate summons to proceed on each must be issued.

The following will show the form of account:

The first [or as the case may be] account of A., the off. liq. of the above-named co, appointed by the order dated the day of

his receipts, and paymts, and allowances as such off. liq., from the day of

to the

day of

of

Summons to

proceed on

account.

Form 441.

Form of

account.

Form 442.

Affidavit verifying account.

Total amount received on this account.

Total amount of paymts and allowances on this

account.

Balance due from the off. liq. and now in the

£

Bank of England to the credit of the off. liq. £ : :

The summary must of course vary according to circumstances.
The following is another example:

Summary.

Total amount received on this account

day of

Balance due from the off. liq. on his [1st] account, and
in the Bank of England on the
[foot of last account]

Total amount of paymts and allowances, including
-7. invested in the pchase of 7. Consolidated
Three p. c. Annuities in the name of the off. liq.

Balance due from the off. liq. and now in the
Bank of England to the credit of the off. liq. £

:

:

-7. Con

In addition to such cash balance of £ : : there is standing in the name of the off. liq., on account of the sd co., the sd sum of solidated Three p. c. Annuities.

At the hearing of the summons [Form 440] the liquidator will attend and vouch the account, and the summons will be adjourned from time to time as may be necessary. Under the Rules of 1883 (Order 50, rr. 20, 23), the account must be verified by the liquidator's affidavit before it is left at Chambers. The affidavit is to be as follows (Order L., r. 20), but see note infra :—

I, C. of, accountant, the off. liq. of the above-named co, make oath and say as follows:

1. The account contd from page

to page

both inclusive, in each of the two several books marked with the several letters A. and B. produced and shown to me at the time of swearing this my afft, and purporting to be an account of the receipts and paymts by me as such off. liq. from the 7th day of January, 1884, to the 6th day of July, 1884, both inclusive, contains a true account of all and every sum or sums of money, [and of all interest, discount, and accretions in respect thereof] received by me or [allowed to me or received by or allowed to] any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the sd co: except what is included as received in the former account [or accounts] sworn by me.

2. The several sums of money mentd in the sd account hby verified to have been pd and allowed, have been actually and truly so pd and allowed for the several pposes in the sd account mentd.

3. The sd account is just and true in all and every the items and parlars therein contd according to the best of my knowledge and belief.

4. W. and T., the sureties named in the recognisance dated, &c., are Form 442. both alive [and resident in Great Britain], and neither of them has become bankrupt or insolvent.

The words in brackets were formerly used but they do not appear in Form 22, App. L. to the Rules of 1883.

It is eminently inconvenient to enter the account in the books before it has been vouched and passed, and accordingly in some of the chambers directions have been given to verify the account when left by affidavit without reference to the books, and when passed to enter it in the books and verify by affidavit as above.

If a company is surety Clause 4 must be modified accordingly, e.g. :—
The

Where Company, Limited, who became and are sureties for me as official guarantee comliquidator of the said company, are solvent and able to pay their liabilities, to pany surety. the best of my knowledge, information, and belief.

The affidavit must refer to the books as exhibits, and the memorandum of Exhibits. identity will state that: This and the preceding [10] pages contain the account entered in the book marked A. mentioned and referred to in the affidavit of

sworn in these matters before me by the said

this

day

The affidavit having been sworn and filed, an office copy is left at chambers, together with the two books, and when the account has been vouched the chief clerk makes a certificate of allowance as follows [Form 443] and also signs at the foot of the accounts a note stating that:

"This is the account mentioned in my certificate dated the

day of

day of Chief Clerk."

certificate.

In psuance of the directions given to me by The Honourable Mr. Form 443. Justice I hby certify that in psuance of the order made in these Chief clerk's matters dated the A., the person appointed off. liq. of the above-named co, has rendered his [1st] account as such off. liq. of his receipts and paymts and allowances in respect of the sd co from the time of his appointmt [or as from] the

day of

11.

day of

to the

day of, and such account has been passed and duly entered pursuant to the general orders, and is verified by the afft of the sd off. liq. filed the The sd receipts amount altogether to the sum of 3167. 18. 9d., and the sd paymts and allowances to the sum of 47l. 12s. Od., and there is due from the sd off. liq., as the balance of his 1st account, the sum of 2687. 9s. 9d., which sum the sd off. liq. is to account for in his next account.

There was, on the 1st day of May, 1883, standing in the Bank of England to the credit of the account of off. liq. the sum of 2667. 58. 6d., as appears by the deputy cashier's certificate dated the 4th day of May, 1883, and the sd off. liq. has in his hands the sum of 21. 4s. 3d.

In psuance, &c., the sd receipts amount altogether to the sum of 3007., Form 444. which being added to the sum of 17007. the balance due from the sd Another off. liq. on his last account, and standing to the credit of the sd off. liq. certificate. at the Bank of England, they make together the sum of

20007.

The sd paymts and allowances amount to the sum of
And there is due from the sd off. liq. as the balance of such

4007.

account the sum of

16007.

Which sum of 16007. was standing, &c.

Form 445.

Another

certificate

where no

receipts.

Form 446.

Certificate on passing final

account.

of

The

In psuance, &c., the sd off. liq. has not received anything from the foot of his third account up to and including the sd paymts amount, &c.

Form 447.

Affidavit of

no receipts or payments since last account.

Form 448.

Summons to extend time

to leave

account.

And there is not anything remaining due to or from the sd off. liq. on the balance of such 4th and final account.

-7. to

-l.,

The paymts allowed in the sd account include the sum of the said H. in respect of his remuneration as such off. liq. as afsd. The paymts allowed in the sd account also include the sum of being the amount of dividends unclaimed and pd into Ct to the credit of these matters pursuant to [Rule 25 of the Chancery Funds Consolidated Rules, 1874]. And I hby certify that the affairs of the sd co have been completely wound up.

of

I, the off. liq. of the above-named co, make oath and say as follows:-I have not, nor hath nor have any person or persons by my order or to my knowledge or belief, for my use as such off. liq. as afsd, received any sum or sums of money, nor any interest, discount, or accretion in respect thereof, or made any paymt or paymts whatsoever on account or in respect of the above-named co since the — of the date of the closing of my 5th account herein. 2. [As to sureties.]

On the pt of A., the off. liq. of the above-named co, that he may have 14 days further time to leave in my chambers his (first) account as such off. liq. pursuant to the order dated, &c.

On the pt of B. of

a creditor of the above-named co, that A., the Form 449. off. liq. of the sd co, may be ordered within 7 days after service to leave in my chambers his [third] account as such off. liq. pursuant to the order dated, &c., and that the sd A. may be ordered to pay the costs of this applicon.

Summons to compel official liquidator to bring in his

account.

Form 450.

Order giving liberty to

executor of

If the liquidator makes default in bringing in his account, any party interested can apply as above. See Wright's case, 5 Ch. 413. And see Orders of 1883, r. 674. And if necessary an order for attachment can be obtained.

For orders directing provisional liquidators to bring their accounts, see supra, Forms 417 et seq.

Where the liquidator dies an order may be made as follows: See Dan. Forms, p. 905; Seton, 452.

Upon the applicon of L., the exor of the will of C., deceased, late the off. liq. of the above-named co, and upon hearing the solors of the applicant and of S., the present off. liq. of the sd co, and upon reading