Third Schedule. No. 3. Order for Winding-up by the Court. [25 & 26 Vict. c. 89, ss. 81, 82.] The Master of the Rolls' [or, Vice-Chancellor 1. day of Upon the Petition of the above-named Company [or, A. B., of &c. a Creditor [or, Contributory] of the above-named Company] on the 186 preferred unto the Right Honorable the Lord High Chancellor of Great Britain [or, Master of the Rolls], 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 day of 186 the "London Gazette" of the day of the "Times" newspaper of the [enter any other papers] each containing an advertisement of the said Petition [enter any other evidence], His Honor [or, this Court] doth order, that the Company be wound-up by this Court, under the provisions said of the Companies Act, 1862. day of 1 No. 4. Order for Winding-up, subject to Supervision. [25 & 26 Vict. c. 89, ss. 147, 148.] Upon the Petition, &c. His Honor, [or, This Court] doth Order, that the voluntary winding-up of the said Company be continued, but subject to the supervision of this Court; And any of the proceedings under the said voluntary winding-up may be adopted as the judge 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 Judge at Chambers as there may be occasion. No. 5. Advertisement of Order to Wind-up. [Rule 6.] In the Matter, &c. By an Order made by the Master of the Rolls [or, the ViceChancellor in the above matter, dated the day of 186 on the Petition of the above-named Company [or, A. B., of ], It was Ordered that, &c. [as in Order]. C. & D., of &c., Solicitors for the said Petitioner. No. 6. Advertisement of Time and Place fixed for the Appointment of Official Liquidator. [Rule 9.] In the Matter, &c. Notice is hereby given that the Master of the Rolls [or, the Vice Third Schedule. Chancellor ] has fixed the o'clock in the day of 186, at noon, at his Chambers in the Rolls Yard, Chancery Lane [or, at No. Linooln's Inn], in the County of Middlesex, as the time and place for the appointment of an Official Liquidator of the above-named Company. G. H., Chief Clerk. No 7. Proposal for Appointment of Official Liquidator (and Sureties) where Form No. 6 has been issued. In the Matter, &c. 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.] Upon the application, &c., and upon reading, &c., The Judge Doth hereby appoint R. P. H., of &c., Official Liquidator of the abovenamed 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 the said R. P. H. do, on the and day of day of day of 186 and the same days in each succeeding year, leave his accounts at the Chambers of the said Judge. And it is Ordered that all moneys to be received by the said R. P. H. be paid by him into the Bank of England, 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 authorised by the above Statute to be done by the Official Liquidator, may be done by either [or, any one, or, two of Third Schedule. the Official Liquidators hereby 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 Official Liquidators hereby appointed.] No. 9. Order appointing a Provisional Official Liquidator. Upon the application, &c., and upon reading, &c., The Judge doth hereby appoint R. P. H., of &c., provisionally, Official Liquidator of the above-named Company [If security dispensed with add, without security; or, if security is to be given, add directions as to security, accounts, and payment into the Bank, 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 authorised to do.] No. 10. Recognizance of the Official Liquidator and Sureties. [Rule 10.] R. P. H., of &c., W. B., of &c., and T. P., of &c., before our Sovereign Lady the Queen in her High Court of Chancery personally appearing, do acknowledge themselves, and every of them doth acknowledge himself, to owe to the Right Honorable Sir John Romilly, Knight, the Master of the Rolls, and the Honorable Sir Richard Torin Kindersley, Knight, the Senior Vice-Chancellor 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 Sir John Romilly and Sir Richard Torin Kindersley, or one of them, or the executors or administrators of them, or one of them; 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 Westminster, the day of 186 Third Schedule. Whereas, in the matter of, &c. [take title from Order to wind-up] the Master of the Rolls [or, Vice-Chancellor ] 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 under-written 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 [or, pursuant to] the General Order of the said Court in that behalf; and in testimony of such approbation the Chief Clerk of the said Judge 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 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. Thousand pounds. Taken and acknowledged by the above named R. P. H., &c. &c. No. 11. Affidavit of Sureties. [Rule 10.] In Chancery. In the Matter, &c. 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. 12. Sanction of Appointment of Solicitor to Official Liquidator, and Appointment. [25 & 26 Vict. c. 89, s. 97.] In the matter, &c. The Master of the Rolls [or, Vice-Chancellor R sanctions the Third Schedule. Official Liquidator appointing a Solicitor, to assist him in the performance of his duties. G. H., Chief Clerk. 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 said Company [or, any sum or balance, books, papers, estate, or effects], [or, specificially 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. The Master of the Rollsy To the Governor and Company of the Bank of England. An Order, dated the day of 186, having been made in the above matter by the Master of the Rolls [or, the Vice-Chancellor for winding-up the above-named Company by the Court of Chancery, under the provisions of the said Act, and R. P. H., of having by Order dated the day of 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 |