Form 324. directed or shall hereafter direct, then the above written bond or obligation shall be void or else shall subject to the provisions hereafter contained be and remain in full force and virtue, PROVIDED always that if default shall be made by the said B. in paying to the said company [cr society], on or before the day of in any year of guarantee, the annual premium or sum of -7., then the said company [or society] shall, at any time after such default in payment be at liberty to apply by summons to the judge at chambers to whose court the winding-up of the said company shall for the time being be attached to be relieved from all further liability as such sureties as aforesaid from the final hearing of such summons; such summons having been served upon such persons as the judge shall direct, and being finally heard all further liability of the said company [or society] as such sureties as aforesaid shall from and after such final hearing of such summons or from and after such other time as the judge shall direct cease and determine, save and except in respect of any loss or damage occasioned by any act or default of the said B. in relation to his duties as such official liquidator as aforesaid previously to such cesser and determination of liability: PROVIDED always and it is hereby agreed and declared that this bond is entered into by the said company [or society] on the condition that the capital stock and funds according to the articles of association of the said company [or the deed of settlement of the said society] shall alone be liable to answer and make good all claims in respect of this bond, and that no director or proprietor of the said society [or company] shall in any manner be personally liable or subject to any claims or demands by reason of such bond beyond the amount unpaid of his or her share or shares of such capital stock or funds [the preceding proviso is not necessary in the case of a limited company]: Provided always that a certificate or certificates under the hand of the chief clerk for the time being of the judge to whose court the winding-up of the said company shall for the time be attached of the amount which the said B. as such official liquidator as aforesaid is liable to pay and has not paid, shall be sufficient and conclusive evidence against the said B., his heirs, executors, and administrators, and against the said company [or society], and also as between the said company [or society] and the said Sir George Jessel, Knight, and Sir Richard Malins, Knight, of the truth of the contents of the said certificate or certificates, and that this bond has become forfeited thereby to the amount of the sum stated in such certificate or certificates and shall form a valid and binding charge and claim not only against the said ——, his heirs, executors, and administrators, but also against the said company [or society] and the funds and property thereof without its being necessary for the said Sir George Jessel, Knight, and Sir Richard Malins, Knight, or either of them, their or either of their executors or administrators first to take legal or other proceedings against the said B., his heirs, executors, or administrators, for the recovery thereof, and without any further or other proof being given either by or on the part of the said Sir George Jessel, Knight, and Sir Richard Malins, Knight, or either of them, their or either of their Form 324. executors, or administrators in any action, suit, or proceeding, to enforce this bond against the said company [or society], or against the said B., his heirs, executors, or administrators, or by or on the part of the said company [or society], in any action or proceeding against the said B., his heirs, executors, or administrators, of the amount of such damage or loss, or that the same has been sustained, incurred, or occasioned by and through the act or default of the said B. while in office: Provided always, and it is further agreed between the said B. and the said company [or society], that the said B. shall and will on being discharged from his office of or ceasing to act as such official liquidator as aforesaid, forthwith give notice thereof in writing, and also furnish to the said company [or society], free of charge, an office copy of the order of the court or judge discharging him from his office as such official liquidator as aforesaid: And further, that he, the said B., his heirs, executors, and administrators, shall and will from time to time and at all times save, defend, and keep harmless the said company [or society] and their successors and the property and funds of the said company [or society] from and against all loss and damage, costs, and expenses which the said company [or society], or the funds or property thereof, shall or may or otherwise might at any time sustain or be put unto or for or by reason or in consequence of the said company [or society] having entered into the above-written bond for and at the request of the said B. IN WITNESS whereof the said hath hereunto set his hand and seal, and the said company [or society] have hereunto caused their common seal to be affixed the day and year first above written. Order Upon the application of the off. liq., &c., Let the time by the said Form 325. order dated 23 January, 1878, within which the off. liq. was directed to give security, be enlarged to the 20th Feb. 1878. Phosphate Sewage Co. Malins, V.-C., 6 Feb., 1878. B. 203. Sometimes security cannot be given within the time limited, and in such case a summons to extend the time should be taken out, or if desirable application can be made to the court by motion ex parte.. extending Form 326. Chief clerk's In pursuance of the directions given to me by the V.-C., Sir I hereby certify that in pursuance of the order in these matters dated, &c.,, N. of -, who is by the said order appointed off. liq. of the certificate of above-named co., and who is thereby ordered on or before the security given. of to give security to be approved of by the said judge has given security pursuant to the 10th Rule of the General Order of the 11th of day Form 326. Nov. 1862, by entering into a recognisance together with & his sureties dated the day of, which has been approved of by the said judge, in testimony whereof I have signed an allowance in the margin thereof. The evidence adduced consists of the affidavit of the said N. filed, &c., the affidavits, &c., and the receipt of enrolment of recognisances dated the day of Approved, &c. Dated, &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 319) the necessity for this certificate is avoided. Form 327. Summons to reduce security. Formal parts: see Form 313. On the part of the official liquidator of the above-named company 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. summons should be supported by an affidavit as to the facts. The Form 328. Order reducing security. Upon the application of M., the off. liq., &c., Let the security given by the said off. liq. in these matters be reduced as from the date of this order to the sum of 2007., and let the said bond of the said M. and The Co. Limd., as from the date of this order, stand as a security for the sum of 2007. only, instead of the sum of 1000l., in respect of any sum or sums of money to be received by the said off. liq. after the date of this order, but subject and without prejudice to the liability of the said M. and the said co. or either of them under the said bond in respect of any sum or sums of money received by the said M., or otherwise, prior to the date of this order. Thermo Electric Generator Co., Ld., 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 10,0007. to 5001., see Western of Canada Oil &c. Co. Ld., M. R., 24 July 1878. 1559 B. Form 329. Another. Upon the application of the official liquidator, &c., It is ordered that the security given by the said official liquidator by bond, together with The Co., Limited, as his sureties, dated the 23rd Jan. 1877, be and the same is hereby reduced from the sum of 10,0007., the amount named Form 329. in the said bond, to the sum of 2000l., and that the said 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 said co. in respect of the matters mentioned in the said bond, shall after the date hereof be limited to the sum of 20007. Britannia Iron Works, M. R., 7 Mar. 1878. A. 480. Order on sureties. Upon the application of B., the off. liq., &c., and upon reading the Form 330. orders, &c., and the chief clerk's certificate, dated, &c, an office copy of the recognisance entered into by the said B. together with W. & D. as retirement of his sureties, dated, &c., and the said W. & D. being desirous of retiring from such suretyship, and the said off. liq. having given fresh security approved by the judge, such fresh security consisting of a recognisance, &c. which said last-mentioned recognisance has been duly enrolled, Let the said recognisance entered into by the said B. together with the said 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 Dan. Pr. 1615; Seton 444 et seq. Formal parts: see supra Form 313. On the part of the off. liq. of the above-named co., that he may be at liberty to put in suit the recognisance dated, &c., entered into by A., the late off. liq. of the said co. together with & See Dan. Pr. 1605; Dan. Forms p. 906; Seton 444. his sureties. Form 331. Summons for liberty to put recognisance in suit. The following is an example of an order enforcing the liability of a surety: Upon the application of the off. liq. of co. that he might be at Form 332. liberty to put in suit the recognisance dated 11 Dec. 1874, entered into Order enforcby T., the late off. liq. of the said co., together with S. of & H., ing liability of of -, his sureties, and upon hearing, &c., and upon reading, &c. And surety. the said H. & S. by their solicitors having undertaken to be bound by the order of this Court on the present application, and [adjournment into court], &c., Let the said H. & S., on or before 15 August, 1877, or subsequently thereto within 4 days after the service on them of this order, pay to H. the off. liq. of the said co. the sum of 3467. 18. 5d. being the amount of the defalcations of the said T. as the late off. liq. of the said co., less the sum of 387. 6s. Od. received by the applicant from the sale of furniture belonging to the said late off. liq. under the said order, dated, &c., And let the said H. & S. also, on or before the said Form 332. 15th of August, 1877, or subsequently thereto within 4 days after service of this order, pay to the said H. the further sum of 1287. 128. 8d., being the costs, as ascertained with the consent of the said H. & S., of and consequent upon the said 6 several orders, dated, &c., and of the application. Moorwood Moor Coal &c., Co. Malins, V.-C., 7 Aug. 1877. B. 1483. Vacating. Compare with order in Seton, p. 443, and see Dan. Pr. 1605 and Dan. Forms, p. 906. Vacating recognisance and bond. Where an official or provisional liquidator is discharged, whether upon a 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 308 and 571 et seq. Form 333. Summons to proceed on account. Accounts of Official Liquidator. Formal parts: see Form 313. On the part of the off. liq. to proceed on his first [or as the case may be] account herein. As to the accounts see Rules 11, 13, and 19, and Forms 297, 318. See also Dan. Pr. 1600 et seq., and Seton, 445. At the time appointed by the order [supra p. 358] the account should be left and a summons taken out as above. The following will show the form of account: Form 334. Form of account. In the High Court of Justice. Chancery Division. Title. 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 of his receipts, and payments, and allowances as such off. liq., from the day of |