FORMS.* No. 1. Advertisement of Petition. [Rule 2.] In the matter of the Industrial Provident Societies Act, 1862; and of the company. holden at [or subject 186 pre a creditor And that day Notice is hereby given, that a petition for the winding-up of the abovenamed company by the county court of to the supervision of the court] was, on the sented to the said court by the said company [or by A. B., of (or contributory) of the said company, or as the case may be]. the said petition is directed to be heard before the court on the of 186 ; and any creditor or contributory of the said company desirous to oppose the making of any order for the winding-up of the said company under the above act should appear at the time of hearing by himself or his counsel for that purpose; and a copy of the petition will be furnished to any creditor or contributory of the said company requiring the same, by the undersigned, on payment for the same. C. and D., of &c. [agents for E. and F., of &c.] No. 2. Affidavit verifying Petition. [Rule 4.] In the county court of In the matter, &c. holden at I, A. B., of &c., make oath and say, that such of the statements in the petition now produced and shown to me, and marked with the letter A, as relate to my own acts and deeds are true, and such of the said statements as relate to the acts and deeds of any other person or persons, I believe to be true. Sworn, &c. No. 3. Order for Winding-up by the Court. [25 & 26 Vict. C. 89, ss. 81, 82.] Upon the petition of the above-named company [or A. B., of &c., a creditor (or contributory) of the above-named company] on the day of 186, preferred unto this court, and upon hearing counsel for the petitioner, and for and upon reading the said petition, an affidavit of (the said petitioner) filed, &c., verifying the said petition, an affidavit of L. M., filed the 186, the "London Gazette" of the "newspaper of the day of day of the " day of [enter any other papers] each containing an advertisement of the said petition [enter any other evidence], this court doth order that the said company be wound up by this court, under the provisions of the Industrial and Provident Societies Act, 1862. • These forms have been altered for use in a county court. No. 4. Order for Winding-up, subject to Supervision. [25 & 26 Vict. c. 89, ss. 147, 148.] Upon the petition, &c., this court doth order, that the voluntary windingup of the said company be continued, but subject to the supervision of this court; and any of the proceedings under the said voluntary windingup may be adopted as the court shall think fit. And the creditors, contributories, and liquidators of the said company, and all other persons interested, are to be at liberty to apply to the court as there may be occasion. No. 5. Advertisement of Order to Wind-up. [Rule 6.] In the county court of In the matter, &c. of holden at day By an order made by this court in the above matter, dated the 186, on the petition of the above-named company [or A. B., of ] it was ordered that, &c. [as in order]. Č. D., of &c., Solicitors for the said Petitioner. No. 6. Advertisement of Time and Place fixed for the Appointment of Official Liquidator. [Rule 9.] o'clock in the dav of 186, at noon, as the time and place for the appointment of an official liquidator of the above-named company. G. H., registrar. No. 7. Proposal for Appointment of Official Liquidator (and Sureties) where Form No. 6 has been issued. We, the undersigned contributories of the above-named company for the number of shares placed opposite our respective names, hereby propose Mr. W. T., of &c., public accountant, to be the official liquidator of the said company [and H. N., of &c., and J. P., of &c., to be his sureties]. Name. Address. Number of Shares held. No. 8. Order appointing an Official Liquidator. [Rules 10, 11.] day of day Upon the application, &c., and upon reading, &c., the judge doth hereby appoint R. P. H., of &c., official liquidator of the above-named company. [If security has not been given add, And it is ordered, that the said R. P. H. do, on or before the next, give security to be approved of by the judge.] And it is ordered, that R. P. H. do, on the day of and day of 186, and the same days in each succeeding year, leave his accounts at the office of the registrar of this court. And it is ordered, that all moneys to be received by the said R. P. H. be paid by him into the [here name bank], to the credit of the account of the official liquidator of the said company, within seven days after the receipt thereof. [In case two or more official liquidators are appointed add, And the said judge doth declare that the following acts, required or authorized by the above statute to be done by the official liquidator, may be done by either (or any one, or two) of the official liquidators hereby appointed; that is to say, (describe the acts); and that all other acts so required or authorized to be done be done by both (or all) the official liquidators hereby appointed.] No. 9. Order appointing a Provisional Official Liquidator. [Rules 10, 11, 15, 59.] In the county court of of day 186 . In the matter, &c. Upon the application, &c., and upon reading, &c., the judge doth hereby appoint R. P. H., of &c., provisionally, official liquidator of the abovenamed company [if security dispensed with add, without security; or if security is to be given, add directions as to security, accounts, and payment, as in Form No. 8]. And the said judge doth hereby limit and restrict the powers of the said R. P. H., as such provisional official liquidator, to the following acts; that is to say, [describe the acts which the provisional official liquidator is to be authorized to do]. No. 10. Recognizance of the Official Liquidator and Sureties. [Rule 10.] In the county court of holden at at In the Matter, &c. The judge of the county court of 186 holden has approved of and allowed this re cognizance. G H., Registrar. R. P. H., of &c., W. B., of &c., and T. P., of &c., personally appearing, do acknowledge themselves, and every of them doth acknowledge himself, to owe to the judge of the said court the respective sums of lawful money of Great Britain set opposite to their respective names in the schedule hereto, to be paid to the said judge, or his executor or administrator; and in default of payment of the said sums, the said R. P. H., W. B., and T. P., are willing and do agree, and every of them is willing and doth agree for himself, his heirs, executors, and administrators, by these presents, that the said sums shall be levied, recovered, and received of and from them and every of them, and of and from all and singular the manors, messuages, lands, tenements, and hereditaments, goods and chattels, of them and every of them, wheresoever the same shall be found. Witness our Sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, and so forth, at this court, the 186 . Whereas, in the matter of &c. [take title from order to wind-up] the judge day of of this court has, by an order dated the day of 186 appointed the said R. P. H. official liquidator of the said company, and has thereby directed him to give security, to be approved of by the said judge (or, in case the security precedes the order appointing, has approved of the said R. P. H. as a proper person to be appointed official liquidator of the said company, upon his giving security]. And whereas the said judge has approved of the said W. B. and T. P. to be sureties for the said R. P. H. in the amounts set opposite to their respective names in the schedule hereto, and has also approved of the above-written recognizance, with the underwritten condition, as a proper security to be entered into by the said R. P. H., W. B., and T. P., pursuant to the said order; and in testimony of such approbation the registrar of the court hath signed an allowance in the margin hereof: Now the condition of the above-written recognizance is such, that if the said R. P. H., his executors or administrators, or any of them, do and shall duly account for what the said R. P. H. shall receive, or become liable to pay, as official liquidator of the said company at such periods and in such manner as the said judge shall appoint, and pay the same as the said judge hath [by the said order] directed, or shall hereafter direct, then the above recognizance to be void, otherwise to remain in full force and virtue. R. P. H. T. P. THE SCHEDULE ABOVE REFERRED TO. Thousand pounds. Thousand pounds. -- Thousand pounds. Taken and acknowledged by the above-named R. P. H., &c. &c. No. 11. Affidavit of Sureties. [Rule 10.] In the county court of In the matter, &c. holden at We, W. B., of &c., and T. P., of &c., severally make oath and say as follows::- 1. I, the said W. B., for myself, say that I am worth the sum of £ of lawful money of Great Britain, over and above what is sufficient for the payment of all my just debts and liabilities. £ 2. And I, the said T. P., for myself, say that I am worth the sum of of &c. [as above]. Sworn, &c. No. 12. Sanction of Appointment of Solicitor to Official Liquidator, and Appointment. [25 & 26 Vict. c. 89, s. 97.] The judge of this court sanctions the official liquidator appointing a solicitor, to assist him in the performance of his duties. G. H., registrar. I hereby appoint Messrs. C. and D., of &c., to be my solicitors in this matter. Dated this day of 186 R. P. H., official liquidator. No. 13. Order for Payment of Money or Delivery of Books, &c., to Official Liquidator. [25 & 26 Vict. c. 89, ss. 100, 101.] Upon the application of, &c., and on reading, &c., it is ordered, that A. B., of &c., do, within four days after service hereof, pay to [or deliver, convey, surrender or transfer to or into the hands of] R. P. H., the official liquidator of the said company, at the office of the said R. P. H., situate at &c., the sum of £ being the amount of debt appearing to be due from the said A. B. on his account with the company [or any sum or balance, books, papers, estate or effects, or specifically describe the property] now being in the hands of the said A. B., and to which the said company is prima facie entitled [or otherwise, as the case may be]. No. 14. Direction to open Account at the Bank of England or some other Bank. [Rules 11, 32, 36-44.] To the Governor and Company of the Bank of England [or Messrs. &c.]. Gentlemen, An order, dated the day of 186 having been made in the above matter by this court for winding-up the above-named company by this court, under the provisions of the said act, and R. P. H., of day of having by order dated the 186 been appointed the official liquidator of the said company, You are requested to open an account, to be entitled, "The Account of the Official Liquidator of the Company," in your books, pursuant to the said act. All cheques drawn upon such account must be signed by the official liquidator, whose signature is attached hereto, and countersigned by the registrar of the said court, whose signature is also attached hereto. I am, Gentlemen, Your most obedient servant, Signatures. The judge of the above court has, by an order dated the 186, assisted by R. P. H., of above-named company. Dated this day of 186. day of to be official liquidator of the G. H., registrar. |