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prudent management the time for accounting could be extended, and meantime something handsome could be realized by prudently taking a turn out of the money.

The interests of the tenant and receiver were in antagonism; the one shilling poundage could be doubled, or quadrupled, by collecting quickly, accounting very slowly.

In some degree these evils have been abated by the new rules of 1843, for which Sir Edward Sugden deserves our highest approbation.

We do not wish, for the mere sake of making out a strong case-the facts are plain, they require no colouring of ours to deal out sweeping censures, on the contrary, we attack a system, not individuals, a system which is susceptible of improvement, and to the investigation of which we must recur again.

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11. Hilary Term begins. Dublin Quarter Sessions.
12 Last day in Q. B. to serve notice to set aside verdicts
for surprise, or newly-discovered evidence, by Rule 24
26 Jan. 1822. Last day to set down Causes to be
heard this Term in Chancery.

13 Petition day in Chancery. City Record Court sits.
15 Last day to appear to Town Writs returnable before
Term, Q. B., C. P., Ex. Last day to move to set
aside verdicts for surprise, &c. Q.B. Last day for
serving notice to set aside verdicts, to set down
points saved, and bills of Exceptions. Ex. in Q. B.
no notice necessary, except under Rule, 26 Jan.
1822.

17 Petition's Rolls. Last day to move to set aside ver-
dicts, &c. Ex.

18 Short Causes, Chan, G. O. Ap. 1848.

Grand day. Q. Inns. Causes, Demurrers, and Pleas, Rolls. 19 Causes, Demurrers, Pleas, Rolls. Last day for moving on Ejectments in Q. B. if not under ancient rule. 20 Petition day in Chancery. Last day to file declarations on Common Appearance, Q.B., C.P., Ex. Last day for serving notice of Civil Bill appeals for sittings after Term, 11 & 12 Vic. c. 34. Civil B. C. sits.

23 Last day to file Declarations on P. Ap., Q. B., C. P., Ex., and Ejectments, Ex., except it be under the provisions of 1 & 2 W, 4, c. 31, s. 12.

24 Petitions, Rolls.

25 Causes, Demurrers, Pleas, Rolls. Last day for moving on Posteas, to make rule absolute this Term, Exch., except under 1 & 2 W. 4, c. 31, s. 16.

26 Causes, Demurrers, Pleas, Rolls. Last day for Mandamus or Information motions, or for Attachments, save for non payment of costs, and against officers of Court of Q. B. Cr. side. Last day to change Venue on Common Affidavit, Q. B., and last day to move on Posteas and Inquisitions, Q B.

25

26

27

30

Easter Term.

Easter Term begins.

Dublin Quarter Sessions. Last day to set down causes to be heard this Term in Chancery. Last day to make Country Writs returnable to have judgment this Term, Q. B., C. P., Ex. Last day to serve notice in Q. B. to set aside verdict for surprise or newly-discovered evidence, Rule, 26 June, 1822. Petitions Rolls.

Causes, Demurrers, and Pleas, Rolls. Last day to move to set aside verdict for surprise, &c. Q. B. Last day to appear to town writs returnable before term, Q. B., C. P., Ex. Last day to serve notice to set aside verdicts, and set down points saved, and bills of Exceptions, Ex.

Causes, Demurrers, Pleas, Rolls.

Last day to make town writs returnable to have judgment this term, Q. B,, C. P., Ex. Last day to move to set aside verdicts, Ex.

Appear to country writs returnable before Term, Q. B.,

C. P., Ex.

Petitions, Rolls. Civil Bill Court sits. Causes, Demurrers, Pleas, Rolls. Short causes, ChanG. O., April, 1848. G. day, Q. Inns. Last day to move on Ejectments to have judgment this Term, Q.B. Causes, Demurrers, Pleas, Rolls. Last day for Declaration on appearance to have judgment this Term, Q, B., C. P., Ex. To serve notice of C. B. appeal for sittings after Term, 11 & 12 Vic. c. 34. Last day for Declaration on P. A.—Q. B., C. P., Ex., and Ejectments, Ex.

MAY.

2 Petitions, Rolls. Last day for moving on Posteas to make rule absolute this Term, Ex.

3 Pleas, Demurrers, Exceptions, Rolls.

Last day to move on Posteas, and to change the Venue, Q. B. Last day to move for Mandamus and Informations, and for Attachments, except for costs, and against the Officers of the Court. Q. B., Cr. side.

4 Last day to fine Sheriffs for not returning writs, Q. B., C. P., Ex. Causes, Demurrers, Pleas, Rolls.

5 Last day to move for Attachments, or to change the Venue, Ex.

8 Easter Term ends.

14

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Last day to serve notice of motion, Eq. Ex. Last day to enter rule for judgment, and on Scire Facias, Q. B., C. P., Ex. On Declarations in Ex., C. P., two previous days service of rule for judgment should be given.

Judgment may be marked on rule entered last day of Term, provided same be served two clear days previous, C. P., Ex., and in Q. B. without service of rule for judgment.

Trinity Term.

Trinity Term begins. Last day to make country writs returnable so as to have judgment this Term, Q. B., C. P., Ex.

Last day to serve notice to set aside verdicts in Q. B. for surprise or newly-discovered evidence, under rule 26th June, 1822. Petitions, Rolls.

Pleas, Demurrers, and Exceptions, Rolls.

25

Pleas, Demurrers, and Exceptions, Rolls. Last day to serve notice to set aside verdicts, and to set down Bills of Exceptions and points saved, Ex., and also to appear to town writs, Q. B., C. P., Ex., and to move to set aside verdict for surprise, &c., Q. B. 26 Last day to make town writs returnable to have judgment this Term, Q. B., C. P., Ex. Last day to move to set aside verdicts, &c. Ex. Petitions, Rolls. Appear to country writs returnable before Term, Q. B., C. P., Ex.

28

30

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6 Petitions, Rolls.

Last day to move on Posteas, to make rule absolute this Term, except as provided 1 & 2 W. 4, c. 31, s. 16., Ex.

7 Pleas, Demurrers, and Exceptions, Rolls. Last day to move on Posteas, and to change venue, Q. B. Last day to move for Information and Mandamus, and for Attachments, except for costs and against Officers of the Court, Q. B. Crown side.

8 Pleas, Demurrers, and Exceptions, Rolls. Last day to fine Sheriffs, to make rule absolute this Term, Q.B., C. P., Ex., and for moving on Ejectments under ancient rule, Q. B.

9 Last day to change venue on common affidavit, or to move for Attachments, Ex.

12 Trinity Term ends.

14

Last day to enter rule for judgment, and for moving on Scire Facias in Q. B., C.P., and Ex. Two days previous, service of rule on judgment upon Declarations in the two latter Courts necessary.

Last day to serve notice of motion, Eq. Ex.

18 Judgment may be marked on rule entered last day of Term, if same be served two days previous in C.P., Ex., and in Q. B. without service.

25 Entitled to judgment on Ejectments moved on in previous Term under ancient rule, Q. B.

JULY.

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Michaelmas Term begins.

3 Last day to serve notice to set aside verdict for surprise or newly-discovered evidence, Q. B. Rule, June, 26, 1822.

5 Last day to make country writs returnable, to file Declaration, and have judgment this Term, Q. B., C. P., Ex.

6 Last day to serve notice to set aside verdicts, to set down points saved, and Bills of Exceptions, Exch. Last day to move to set aside verdicts for surprise, Q.B. Appear to town writs returnable before Term, Q. B., C. P., Ex.

7

8

Petitions, Rolls.

Last day to move to set aside verdicts, &c. Ex. Pleas,
Demurrers, and Exceptions, Rolls.

9 Pleas, Demurrers, and Exceptions, Rolls. Last day to make town writs returnable to have judgment this Term, Q. B., C. P., Ex.

10 Petition day, Chancery. Appear to country writs returnable before Term, Q.B., C.P., Ex.

14 Petitions, Rolls. Last day to move on Ejectment to have judgment this Term, Q. B.

15

16

17

20

226

Short cause day, Chancery, G. O., Ap. 1848. Pleas
Demurrers, and Exceptions, Rolls. Last day to file
Declaration on appearance, Q. B., C. P., Ex.
Pleas, Demurrers, and Exceptions, Rolls.
Last day to file declaration on P. A., Q. B. C. P.,
Ex., and Ejectments, Ex.

Last day to move on Posteas, to make rule absolute this Term, except under 1 & 2 W. 4, c. 31, s. 16. 21 Petitions, Rolls. Last day to move on Posteas, and to change Venue on common affidavit, Q. B., and for Mandamus and Information motions, or for Attachments, save for non-payment of costs and against officers of Court Q. B. Cr. side.

22

23

26

26

Pleas, Demurrers, and Exceptions Rolls. Last day to fine Sheriffs not returning Writs, Q.B., C.P., Ex. Pleas, Demurrers, and Exceptions Rolls. Last day to move for Attachments, and to change Venue on common Affidavit, Ex. Mich. Term ends. Last day to enter rule for judg. ment, and on Scire Facias, Q.B., C.P., Ex. Two days' previous service of rule for judgment on Declarations in Ex., C. P., should be given. 28 Last day to serve Notice of motion, Eq. Ex. Last day for serving Notice on Commissioners of Woods and Forests, of the objects and provisions of local Acts, intended to be applied for in ensuing Session of Parliament, 11 & 12 Vic., c. 129.

20

DEC. 1 Entitled to judgment on Rule for judgment entered last day of previous Term, provided same served two clear days previous, C. P., Ex., and in Q.B. without service of Rule.

ORDERS IN CHANCERY SINCE 1843.

(Concluded.)

Dated 18th June, 1847.

On reading a further certificate of Masters Henn and Litton, dated the 3rd day of June, 1847, referring to the statements contained in their certificate of the 27th day of January last, in reference to the entering by Masters Townsend and Goold, in their books of the attendance of counsel before them, it is this day ordered, by the right honorable Maziere Brady, Lord High Chancellor of Ireland, by and with the advice and assistance of the right hon. Thomas Berry Cusack Smith, Master of the Rolls, that number one of the general orders, bearing date the 5th of April, 1847, be amended, by adding thereto the following words :-"or a certificate shall be produced to the taxing master, of either Master Henn or Master Litton, certifying that having examined the briefs used on the occasion, the case appeared to them to have been a fit one for the employment of counsel."

MAZIERE BRADY, C. T. B. C. SMITH, M. R. Dated 22nd May, 1848.

that in all cases where a motion is made at the Rolls, to It is ordered, by the right hon. the Master of the Rolls, make a consent a rule of court, purporting to be made be tween all the parties in the cause, there shall be a certificate at foot of, or endorsed on, the consent, signed by the solici tor for the party on whose behalf the motion is made to the following effect, or as near thereto, as the circumstances of each case will admit.

'I hereby certify, that I have carefully compared the 'title of this consent with the Rolls certificate, (or 'certificates,) and that it corresponds therewith; and 'I further certify, that this consent has been signed 'by, or on behalf of all the parties in the causes and ' matters in the title hereof mentioned,' save and except (here name the persons if any, who have not signed.) And if there shall have been a decree to account in any of such causes, and any person shall have proved a demand thereunder, and such consent shall seek to transfer or pay over, any stock or cash, add after the words "all the parties" the words "and all persons who have proved under the decree."

It is further ordered by the right hon. the Master of the Rolls, that when a motion shall be made at the Rolls, for the transfer of any stock or the payment of any money out of Court, or by the receiver, and the motion shall be grounded on a report of the Master, or a decree, or on both, whereby the priorities of the several parties and creditors, or incumbrancers are ascertained, there shall be a certificate at foot of, or endorsed on, the notice of motion, signed by the solicitor for the party on whose behalf the motion shall be made, to the following effect, or as near thereto as the circumstances of the case will admit.

'I hereby certify, that I have compared this notice with 'the Master's report, (or decree, or both, as the case 'may be,) and I further certify, that the stock sought 'to be transferred (or the money sought to be paid out ' of Court, or by the receiver, or as the case may be) is sought to be transferred (or paid as the case may be) in exact accordance with the rights and priorities ' of the several parties, as ascertained by the said report (or decree, or both as the case may be.')

And if the notice is not framed in exact conformity with such report or decree, add these words "save in the following particulars," and then describe with perfect accuracy, wherein the notice varies from such report or decree. T. B. C. SMITH, M. R.

10th, April, 1848. The Lord Chancellor desires that a list of short causes be made out in each term to be heard on the second Thursday in term and following days. That causes set down or bills and answer only, or on reports unexcepted to, or on returns to commissioners of petitions be considered as short causes within this rule, and all other causes in which the solicitor for the party setting down the cause shall hand to the Registrar the certificate of counsel that it is not from its nature, likely to take time, and is fit to be heard as a short cause. MAZIERE BRADY, C.

IN LUNACY.

August 21st, 1848. It is ordered by the Lord Chancellor, that, in the letting of lands the property of lunatics or idiots, the Masters, Committees and Receivers shall have regard to the provisions of the 23rd and 24th sections of the statute 11 G. 4, and 1 W. 4, c. 65; and that (unless in special cases, and on special grounds, to be approved of by the Lord Chancellor) no lease of such lands shall be made dependent on the duration of the matter of such lunacy or idiotcy; but every such lease shall be made for some certain term, so far as the estate and powers of the lunatic or idiot will admit ;-it appearing to the Lord Chancellor that it will be for the benefit of the estates of such lunatics or idiots that the leases thereof should have such certainty of duration and such term shall not in any case be less than twenty-one years, unless otherwise especially ordered: and every such lease, where the Master shall not otherwise direct, shall contain proper clauses, to be approved of by him, for preventing the assignment or subletting of the lands demised, in addition to the other clauses and covenants to be inserted therein pursuant to the present general orders.

MAZIERE BRADY, C.

(Continued from p. 56.)

The word "Member" shall mean any person entitled to a share of the assets or accruing profits of any such company at the time of presenting the petition for dissolving the same or winding up the affairs thereof under this act : The expression "Constitution of a company" shall mean every deed of partnership or settlement, charter, act of parliament, regulations, or other instrument whatsoever, including any bye laws, by or under which the business of the same is or was, or is or was intended to be carried

on:

The word "Contributary" shall include every member of a company, and also every other person liable to contribute to the payment of any of the debts, liabilities, or losses thereof, whether as heir, devisee, executor, or adminis

trator of a deceased member, or as a former member of the same, or of heir, devisee, executor, or administrator of a former member of the same, deceased, or otherwise howsoever :

The word "Call" shall mean a demand or requisition upon contributories of a company made or to be made for a contributory payment towards the funds or assets there. of, or for or towards the payment or discharge of any of the debts, liabilities, or losses of such company or otherwise :

The word "Creditor" shall include every person having any debt or demand enforceable against any company in any court of law or Equity, or for nonpayment or nonsatisfaction of which damages could be recovered:

The word "Person" shall include corporations : The words "the court" shall mean Her Majesty's High Court of Chancery in England or Ireland (as the case may be) before which any proceeding under this act shall take place:

The word "Master" shall mean the master in ordinary of the court for the time being acting in any matter under this act :

The word "Fiat" shall include any commission of bankruptcy which shall be issued in Ireland, and the words "Court of bankruptcy" shall include any commissioner acting in the prosecution of any such commission of bankrupt in Ireland, and the Lord Chancellor of Ireland sitting in bankruptcy :

The words " Order absolute" shall mean the order absolute for the dissolution and winding-up, or for the winding-up, as the case may be, of any company under this act: And every word importing the singular number only, shall extend to several persons or things, as well as to one person or thing, and every word importing the plural number only, shall extend to one person or thing, as well as to several persons or things, and every word importing the masculine gender only, shall extend to a female as well as to a male.

4. That in citing this act, it shall be sufficient to use the expression "The Joint Stock Companies Winding-up Act, 1848."

5. That any person who shall be, or claim to be a contributor of a company, may present a petition to the Lord Chancellor, or to the Master of the Rolls in a summary way, for the dissolution and winding-up, or for the winding-up of the affairs of such company, in any of the following

cases:

1. If any company shall have committed any act, which under the said recited acts or any of them would be deemed an act of bankruptcy:

2. If any company shall, by a resolution passed at a meeting of such company, or of the directors, summoned in that behalf, have filed in the office of the Lord Chancellor's Secretary of bankrupts, a declaration in writing that the said company is unable to meet its engagements:

3. If any person shall have recovered judgment in any action personal, for the recovery of any demand in any of Her Majesty's courts of Record, against any such company, or against any person authorized to be sued as the nominal defendant on their behalf, or against any one or more of the members or contributories of such company, acting or sued in the name, or on behalf of the other members or contributories, and shall be in a situation to sue out execution upon such judgment, and same shall not be restrained or suspended by any rule of any court, and there shall be nothing due from the plaintiff which may be set off against such judgment, and if within ten days after notice in writing served upon a chief clerk or secretary, or registrar of the said company, or if there be no such officer, then either on any director of the said company, personally or by the same having been left at the head or only office for the time being of such company, requiring immediate payment of such judgment debt, such company shall not have paid, secured, or compounded for the same:

4. If any decree, or order shall have been pronounced in

any cause depending in any court of equity, or any order made in any matter of bankruptcy or lunacy, against such company, or against any person authorized to be sued as the nominal defendant on their behalf or against any one or more of the members or contributories those

of in the name of the other members or contributories thereof, ordering any sum of money to be paid, and such company shall not have paid same when same ought to be paid:

5. If any action shall have been brought in any court or record against any contributory for any demand due of claimed to be due from or by such company, and such company shall not, within ten days after notice in writing by such contributory of such action served upon the company in manner herein-before directed with respect to any judgment debt, have paid, secured, or compounded for such demand, or procured such action to be stayed, or shall not have indemnified the defendant to his satisfaction against such action, and all costs, damages, and expenses to be incurred by him by reason of the same:

6. If any creditor of a company to the amount requisite to support a fiat shall have filed an affidavit in any superior court of law at Westminster or Dublin, that such debt is justly due to him from the said company, and shall have sued out of the said court a writ of summons or other writ against such company, or any person authorized to be sued on behalf of such company, or against any one or more of the members or contributories those of in the name of the other members or contributories, and shall have given notice of same as before directed, and such company shall not within three weeks after service of such notice have paid, secured, or compounded for such debt to the satisfaction of such creditor, or have made it appear to the satisfaction of one of the judges of the court out of which such writ shall have issued that it is the intention of such company to defend the action upon the merits, and shall not within three weeks next after service of such notice have caused an appearance to be entered to such action in the proper court in which the same shall have been brought: 7. If any company shall be dissolved, or cease to carry on business, or carry on business only for the purpose of winding up its affairs, and the same shall not be completely wound up:

8. Or if in any other matter or thing shall be shown which in the opinion of the court shall render it just and equitable that the company should be dissolved.

6. That in case any fiat shall have issued against any company under any of said acts, no petition shall be presented for the dissolution and winding up or winding up of such company under this act by any person other than creditors assignees of the estate and effects of such company, who may by the order of the court of bankruptcy (but not otherwise,) present a petition to the Lord Chancellor or Master of the Rolls, for the winding up of such company under this act, and such order shall be a sufficient ground for such petition; and upon an order for the winding up of such company by the court of Chancery the court of bankruptcy shall make upon the proceedings under the fiat a memorandum of such order of the court of bankruptcy, and the said proceedings shall be deposited with the master to whom the matter shall be referred by the court of Chancery, provided, that the master may dispense with such deposit.

7 That all proceedings, accounts and matters in the prosecution of any fiat, before order absolute under this act, shall, for the purposes of winding up under this act, be as valid as the same would have been under the said fiat, and any pending proceedings, accounts, and matters under such fiat may be concluded under this act.

9. That no order absolute, nor any order or proceeding under this act shall be impeached by reason of any of the petitioners being afterwards discovered not duly qualified to present the petition on which the order absolute shall have been made; provided that a petition may be presented under this act by some person duly qualified, praying to have the benefit of the former proceedings, and to be allowed to prosecute same.

10. That every petition for dissolution and winding-up or for winding-up under this act shall be advertised once in the London Gazette, and served, at the head office of the com pany, upon any member, officer, or servant of the company there, or in case no such member, &c. can be found there, then by been left at such office, or in case no such office can be found, then upon any member, &c. of the company: provided that no petition by direction of the court of bankruptcy, nor any order thereon, shall require advertisement, and in case no office of the company, nor any member, &c. can be found, the court may hear and make any order on such peti. tion on production of the London Gazette containing such advertisement as aforesaid, and without proof that such petition has been served in manner aforesaid.

11. That the court may at the hearing direct any such petition, whether served or not, to stand over, and direct such service of the petition as shall seem meet.

12. That on any petition the court may require any parties to show cause, why the company should not be dissolved and wound up or wound up under this act, or may make a conditional order or refer it to the master to make inquiries and in case no sufficient cause be shown, or in case the terms of such conditional order be not fulfilled, or it shall appear from the master's report, that the dissolution and winding. up or the winding up of any such company under this act is necessary or expedient, may make such order absolute as hereafter mentioned.

13. That the court may, before making any order abso. lute, direct the application or performance, either wholly or in part, of any provisions contained in the constitution of the company towards the purposes of such dissolution or winding up.

14. That the court, on the hearing of any such petition, may dismiss such petition with or without costs, or to make an order absolute for the dissolution, &c., and by such order it shall be referred to one of the masters to wind up the affairs of the company under this act.

15. That the date, title, and ordering part of every order of the court made upon any such petition, previously to and including the order absolute, shall, within twelve days after the date thereof, be advertised once in the London Gazette, and be served as the court shall direct.

16. That from the date of any order absolute for dissolu. tion, or from any date to be therein fixed for that purpose, the company therein specified shall be absolutely dissolved.

17. That the petitioner on whose petition an order absolute shall be obtained shall without delay carry in the same before the master; and in default of his so doing in ten days next after the date of such order any person being or claiming to be a contributory may present his petition, praying to have the carriage of said order absolute, and such order shall be made as to the court shall appear just; and it shall be sufficient to serve such petition either upon the petitioner who obtained the order absolute, or upon his solicitor.

18. That the court, in any decree or order for the dissolution of a company, association or partnership, and also by any order after a decree for the dissolution of a company, &c., may order that the affairs of such company, &c., shall be wound up under this act, and the costs of same shall be paid and recovered under this act, and any such decree or order shall, if the court shall so direct, be deemed an order absolute under this act.

19. That from the date of any order absolute it shall not 8. That every petition and proceeding under this act shall be lawful for the directors, members, or officers of the combe intituled "in the matter of Joint Stock Companies Wind-pany in respect of which same shall have been made to con ing-up Act, 1848," and in the matter of the company to which such petition or proceeding shall relate, describing such company by its most usual style or firm, until any order absolute under this act, and after any such order then by the style by which such company shall have been designated

in such order absolute.

vey, assign, pay, or otherwise dispose of any of the property, monies, or other effects of the company otherwise than by the direction of the master.

20. That until an official manager shall be appointed, as herein-after mentioned, and when there shall be no official manager, the master may in any case, immediately upon the

order absolute being brought in before him, appoint by writ-general order, or by any special order, shall direct, and in ing under his hand an interim or provisional manager of the such sum as the master shall direct (but not to exceed by property, &c., of such company, or of such part as the more than one thousand pounds the greatest sum or value master shall think fit; and the person so appointed shall which in the judgment of the master the official manager have all the powers and authorities usually exercised by shall be likely to have at any one time in his hands,) for the receivers in a suit, together with all powers and authorities duly accounting for all monies, &c., which shall come to his exercised by any official manager under this act, except so hands, and the recognizance of the official manager shall be far as the master shall otherwise direct; and such person for the whole amount of the sum to be so fixed, and the reshall act under the direction of the master, in collecting cognizances of the sureties shall be either joint or several for receiving and disposing of the property, &c, of such com- the whole or any portion of said sum, but the total amount pany, and such interim manager may, under the direction of of the recognizances shall not be less than the sum in which the master, signified by writing under his hand, apply any the official manager shall be bound; and upon the death, part of the monies, &c., collected, or got in by him in the bankruptcy, or insolvency of any surety the master may discharge of any judgment debt against such company; and require recognizances in his place; and may require addithe master may fix the amount and nature of the security tional recognizances by the official manager and his sureties, of such interim manager, and also appoint any person to be and upon the breach of the condition of any recognizances, interim manager without any security, provided that upon the same shall under an order of the master, be put in force the appointment of an official manager under this act all the by the official manager, or by any contributory of the compowers and authorities of such interim manager shall cease, pany, in like manner as the recognizances of receivers of the and such interim manager shall deliver up and pay to the offi- Court of Chancery; and the master, after any person shall cial manager all the goods, monies, &c., of such company have ceased to be official manager, and his final account shall come to his hands as such interim manager, together with all have been passed, and any balance due thereon paid, to books, &c., relating thereto, and the master may make an order such recognizance to be vacated. order, directing such delivery and payment, and for vacating any recognizance entered into by such interim manager and his surety: provided that no action, or other proceeding shall be instituted or prosecuted by or against any such interim manager, as representing the company, otherwise than by the style and designation of the official manager of the company; and that every such action, &c., shall be instituted and prosecuted, as if an official manager of the company had been already appointed, and were a party to same, nor shall same abate by reason of the appointment of an official manager, but shall be carried on by or against him.

21. That upon any order absolute being carried in before the master, or upon the death, removal, or resignation of any official manager, the master shall forthwith direct the party having the carriage of the order, to insert an advertisement in two successive numbers of the London Gazette, and also in such two or more newspapers as the master shall appoint, giving notice that the master will proceed, at a day, hour, and place to be stated in such advertisement, such day to be within fourteen days from the publication of the first advertisement, to appoint an official manager, and previously to the making out such list of contributories as herein-after mentioned all persons being or claiming to be contributories of such company, and after the making out of such list all persons appearing on same shall be entitled to attend, and offer proposals or objections as to such appointment; and the master may adjourn the appointment of any official manager same to be stated to the parties present, and it shall not be requisite to give notice of such adjournment by advertisement.

25. That in case default shall be made by the official manager in accounting for what he shall receive as such, or in paying same as the master shall direct, the master may require the official manager and his sureties, to pay to such person, and within such time as the master shall appoint, the whole or any portion of the sum in which they shall have become bound by recognizance: provided that nothing herein contained shall extend the liability of any surety beyond the sum in which he became individually bound on his recognizance.

26. That nothwithstanding anything herein-before contained, the master may accept the security of any guarantee society established by charter or act of parliament in any part of Great Britain, in lieu of the security of such sureties as aforesaid.

27. That every appointment and removal of an official manager shall be valid without confirmation by the court, unless otherwise ordered in the particular matter; and every such appointment, and removal shall be advertised in the London Gazette, and in such newspaper as the master shall think proper.

28. That immediately after the appointment of an official manager the master shall, direct all the books of account, deeds, cash, &c., and writings of the company to be delivered up to the official manager, and upon the appointment of any new official manager all the same matters shall be delivered over to him: provided that the master may make such order as he shall think fit relative to the custody or deposit, of such books of account, &c.

29. That on every appointment of an official manager all 22. That at the time and place to be fixed in such adver- the estate, effects, credits, and rights of action of the comtisement, or at any other time or place to which the appoint-pany, and all powers which might be exercised by an official ment of an official manager shall have been adjourned, the master shall, by writing under his hand, appoint an official manager of the company, and the master shall have power, at his discretion, but subject to any special direction of the court, to remove, by writing under his hand, any such official manager, and thereupon, and also upon the death or resignation of any official manager, to appoint any other person in his stead; and such official manager may be either any contributory of any company, or the assignee in bankruptcy of any company, being bankrupt, or of any bankrupt member or contributory of the same.

23. That in making the first or any subsequent appointment of an official manager, the master may adopt the proposal of any party attending him; and the proposal of any of the parties who shall have appeared before the court shall not be entitled on that account to any preference; and the master may appoint any person whom he shall think proper, although not proposed by any of the parties.

24. That upon the appointment of any official manager, or within such period as the master directs the official manager, and two or more persons as his sureties, to be approved of by the master, shall enter into a recognizance as in the schedule hereto set forth, or otherwise as the court by any

manager, shall, except so far as the master shall, by writing under his hand, direct to the contrary, become absolutely vested in the official manager, either solely, or jointly with any other official manager, as joint tenants; and when, according to any laws now in force, any conveyance or assignment of real or personal property vested in any official manager under this act would require to be registered, then the order absolute, together with the first appointment of an official manager, shall be registered in the registry office, wherein such registry or assignment would require to be registered; and the registry hereby directed shall have the like effect as the registry of any such conveyance or assignment would have had; and the title of any purchaser of any such property for valuable consideration, or of any mortgagee thereof without fraud, who shall have duly registered his purchase or mortgage deed previously to the registry hereby directed, shall not be invalidated by such order absolute or appointment: provided that if the master shall, by writing under his hand, direct that any of the said estate, &c. shall not vest in the official manager, the court, or the master, may at any time after discharge or vary such direction, and thereupon the estate, &c., comprised in such direction shall,

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