A Form of proof by an official liquidator against a bankrupt's estate for calls will be found in Appendix.

On sub-section 6, reference must be made to rule 48, by which the sanction of the Judge to the drawing, accepting, making, or endorsing of any bill of exchange or promissory note by the official liquidator is to be testified by a memorandum on such bill or note signed by the chief clerk. This may be done on the application of the official liquidator without summons. The Form of the memorandum will be found in Appendix, No. 72.

On sub-section 7, reference must be made to sections 105 and 106, which are treated of more fully with this sub-section in Chapter XII.

Should an order be made pursuant to sect. 96, a Form of the order will be found in Appendix, No. 25. A summons must be taken out to justify the order, embodying the powers required by the official liquidator.

We next find two important provisions in sections 159 and 160, the first enabling the official liquidator, with the sanction of the Court, to pay any classes of creditors in full, or make any compromise or arrangements with any creditors or persons claiming or alleging themselves to be creditors, or to have any claim against the Company, and the 160th section enabling him to compromise with the contributories and debtors to

Liquidator's accounts.

Remuneration.

the Company. These matters are proposed to be dealt with in a separate Chapter, XVII.

When the official liquidator has received sufficient assets, he will at once either pay the creditors in full or declare a dividend amongst them. For this purpose, he will obtain leave on a summons, and will forward the creditors notice of the payment. See Form of Notice, No. 38.

We now come to the provisions under which the official liquidator discharges himself by accounting for his receipts and payments.

By rule 19 the accounts of the official liquidator are to be left at Chambers at the times directed by the order appointing him, and at such other times as may be required by the Judge, and the same are to be passed upon notice to such persons (if any) as the Judge may direct, and to be passed and verified in the same manner as Receivers' accounts.

By rule 18 the official liquidator, in his accounts, is to be allowed such salary or remuneration as the Judge may direct, including the necessary payments for assistants or clerks, such salary or remuneration to be fixed at the time of his appointment or upon notice and proper evidence at any time thereafter, as the Judge may think fit. He may also be allowed by the Judge an amount on account of the remuneration thereafter to be fixed.

Under the Winding up Act, 1849, the scale of

remuneration was fixed at certain rates, varying from 5 to 3 per cent., upon the amount received and divided amongst the creditors or contributories of the Company in addition to any allowance or salaries to clerks or officers employed by the official manager in or about the winding up of the Company to be fixed by the Master. (See 12 & 13 Vict. c. 118, s. 6, and Re North of England Joint Stock Banking Company, 20 L. J., N. S. Ch. 462.)

Now, however, the official liquidator is to be allowed such a salary or remuneration as the Judge shall direct, in addition to his payments for assistants or clerks. The allowance to the clerks of the official liquidator is 3s. 6d. per hour for a managing clerk, 2s. 6d. per hour for a second clerk, and 1s. 6d. per hour for a third clerk. No scale of remuneration has at present been fixed by the Judges and they are guided by the character of the case, the time the official liquidator and his clerks are engaged, and the ease or difficulty experienced in collecting the assets, in determining the amount of the remuneration, which varies accordingly. It is probable that in some cases a salary only will be paid, but it is presumed that in such case the payments out of pocket to clerks would be allowed. The official liquidator has to state on affidavit the time he and his clerks are engaged, and the affidavit should also shew that

the work done by himself or his managing clerk was not such as a second or junior clerk could have done.

Under Consolidated Order, No. 24, the liquidator's accounts are to be brought in at the time appointed under the penalty of their salaries being disallowed, and interest after the rate of 51. per cent. being charged in addition. The form of the account will be found in Appendix. When passed they are to be entered in two books, one to be kept by the chief clerk and the other by the solicitor for the party passing the account, and the account as entered in the books is to be verified by affidavit. The form of the affidavit by the official liquidator will be found in Appendix, No. 85. A certificate is then prepared as in Form, No. 86; and under rule 56, when settled with the official liquidator, the certificate is to be approved and signed by the Judge without delay, and upon being so signed may be filed and forthwith acted upon.

Having thus been through the general duties to be performed by the official liquidator during the winding up, some of which, however, must be more fully treated of in the various Chapters of this work where they come under consideration in connection with other matters, we come to two sections which provide that when the affairs of the Company are completely wound up the

Court is to dissolve the Company, and the order for that purpose is to be reported by the official liquidator to the registrar of Joint Stock Companies; before this is done the official liquidator must pass his last account, and pay over any balance he has in hand.

And lastly, we must consider section 97 (supra) Solicitor. which provides that the official liquidator, with the sanction of the Court, is to appoint a solicitor or law agent to assist him in the performance of his duties. A Form of the sanction of the Court will be found in Appendix.

By rule 68 it is provided as follows:

Duties of Solicitor of Official Liquidator.

68. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solici tors of the Court; and where the attendance of his solicitor is required on any proceeding in Court or chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the Judge shall direct him to attend.

Where two official liquidators are appointed they must agree upon one solicitor to represent both. (The London and Manchester Direct &c. Railway Company, Ex parte Bass, 1 De Gex & S. 722.)

In practice the solicitor for the official liquidator attends all the proceedings on the winding up of the Company, and entirely supersedes all other solicitors who may have been engaged on the petition to wind up.

It will be observed that except where the