Total amount received on this account Total amount of payments and allowances on this account Balance due from the off. liq. and now in the : : The summary must of course vary according to circumstances. Summary. Total amount received on this account Balance due from the off. liq. on his [1st] account, and Total amount of payments and allowances, including -7. invested in the purchase of -7. Consolidated Three per Cent. Annuities in the name of the off. liq. £ Balance due from the off. liq. and now in the Bank of England to the credit of the off. liq. £ : : : In addition to such cash balance of £ : : there is standing in the name of the off. liq., on account of the said Co., the said sum of Consolidated Three per Cent. Annuities. At the hearing of the summons [Form 333] the liquidator will attend and vouch the account, and the summons will be adjourned from time to time as may be necessary. When the account has been settled the liquidator's solicitor must have it copied out in duplicate books, and the entry in each book must be verified by the liquidator's affidavit as follows: I., C. of Formal parts: see supra, Form 315. accountant, the off. liq. of the above-named Co., make Form 335. oath and say as follows: to page both inclu 1. The account contained from page sive, in each of the two several books marked with the several letters A. and B. now produced and shown to me at the time of swearing this my affidavit and purporting to be an account of the receipts and payments by me as such off. liq. from the 7th day of July, 1880, to the 6th day of January, 1881, both inclusive, doth contain a true account of all and every sum or sums of money, and of all interest, discount, and accretions in respect thereof received by me or allowed to me or received by or allowed to any other person or persons by my order or to my know Affidavit veri. fying account. Form 335. ledge or belief for my use or account or in respect of the said Company: other than and except what is included as received in the former account [or accounts] sworn to by me. Where guarantee co. surety. Exhibits. 2. The several sums of money mentioned in the said account hereby verified to have been paid and allowed, have been actually and truly so paid and allowed for the several purposes in the said account mentioned. 3. The said account is just and true in all and every the items and particulars therein contained according to the best of my knowledge and belief. at 4. W. and T., who are sureties for me as such off. liq., are respectively living and resident in Great Britain; that is to say: the said W. and the said T. at and they have not nor has either of them been adjudged bankrupt, nor have any proceedings been taken for the liquidation by arrangement of the affairs of them or of either of them, or for the payment of a composition upon the debts or liabilities owing by them or either of them. As to this paragraph see Rule 13. If a company is surety Clause 4 must be modified accordingly; e. g.:— a Company Limited, who became and are sureties for me as off. liq. of the said co., are solvent and able to pay their liabilities, to the best of my knowledge, information, and belief. The affidavit must refer to the books as exhibits, and the memorandum of identity will state that: "This and the preceding [10] pages contain the account entered in the book marked A. mentioned and referred to in the affidavit of sworn in these matters before me by the said this day of." The affidavit having been sworn and filed, an office copy is left at chambers, together with the two books, and the chief clerk then makes a certificate of allowance as follows [Form 336] and also signs at the foot of the accounts a note stating that: "This is the account mentioned in my certificate dated the day of Chief Clerk." Certificate of Allowance. Form 336. Chief clerk's certificate. Title. Form 313. In pursuance of the directions given to me by the Master of the Rolls, I hereby certify that in pursuance of the order made in these matters dated the day of--, L. the person appointed by the said order off. liq. of the above-named co., has left in the chambers of the said judge his first for as the case may be] account as such off. liq. of his receipts and payments and allowances on account of the said co. from the time of his appointment as off. liq. [or from the-day of--] to the-of-, both inclusive, and such account has been passed and duly entered pursuant to the 24th of the Consolidated Orders of this Court, and the 19th Rule of the General Order of this Court of the 11th Nov. 1862, and is verified by the affidavit of the said off. liq. filed, &c. The said receipts amount Form 336. altogether to the sum of 30007. 20007. And the said payments and allowances to the sum of. Leaving as the balance of that account the sum of Which sum of 20007. in pursuance of the directions contained in the said order of the--of--, stands in the name of the said off. liq. of the said co. in the books of the Bank of England, as appears by the certificate of the assistant cashier, dated, &c. In pursuance, &c., the said receipts amount altogether to the sum of Form 337. 3007, which being added to the sum of 17007. the balance due from the Another said off. liq. on his last account, and standing to the credit of the said off. liq. certificate. at the Bank of England, they make together the sum of The said payments and allowances amount to the sum of And there is due from the said off. liq. as the balance of such account the sum of Which sum of 1600l. was standing, &c. 20007. 4007.. 16007. In pursuance, &c., the said off. liq. has not received anything from the Form 338. foot of his third account up to and including the-of. The said Another payments amount, &c. certificate where no receipts. And there is not anything remaining due to or from the said off. liq. on the balance of such 4th and final account. The payments allowed in the said account include the sum of —1. to the said H. in respect of his remuneration as such off. liq. as aforesaid The payments allowed in the said account also include the sum of -, being the amount of dividends unclaimed and paid into Court to BB Certificate on passing final account. Form 339. the credit of these matters pursuant to Rule 25 of the Chancery Funds Consolidated Rules, 1874. And I hereby certify that the affairs of the said co. have been completely wound up. Form 340. Affidavit of no receipts or payments since last account. I, —————— of the official liquidator of the above-named co., make oath and say as follows:-I have not, nor hath nor have any person or persons by my order or to my knowledge or belief, for my use as such official liquidator as aforesaid, received any sum or sums of money, nor any interest, discount, or accretion in respect thereof, or made any payment or payments whatsoever on account or in respect of the above-named co. since the the date of the closing of my 5th account of herein. 2. [As to sureties.] Form 341. Summons to extend time to leave account. Formal parts: see Form 313. On the part of A., the official liquidator of the above-named co., that he may have 14 days further time to leave in my chambers his (first) account as such official liquidator pursuant to the order dated, &c. Occasionally it becomes necessary to take out a summons as above. Form 342. Summons to compel off. liq. to bring in his account. Formal parts: see Form 313. - On the part of B. of a creditor of the above-named co., that A., the off. liq. of the said co., may be ordered within 7 days after service to leave in my chambers his [third] account as such off. liq. pursuant to the order dated, &c., and that the said A. may be ordered to pay the costs of this application. If the liquidator makes default in bringing in his account, any party interested can apply as above. See Wright's Case, 5 Ch. 443. And if necessary an order for attachment can be obtained. Order XLII, rule 5. For orders directing provisional liquidators to bring their accounts, see supra, Forms 304 et seq. Where the liquidator dies an order may be made as follows: See Dan. Pr. 1605; Dan. Forms, p. 905; Seton, 452. Form 343. Order giving liberty to executor of deceased liquidator to pass account. Upon the application of L., the executor of the will of C., deceased, late the off. liq. of the above named co., and upon hearing the solicitors of the applicant and of S., the present off. liq. of the said co., and upon reading probate of the will of the said C., deceased, Let the said L. be at liberty to carry in and pass the final account of the said C., deceased, as such off. liq. from the foot of the last account to the time of his decease. And Let the said L. pay the balance (if any) which may be Form 343. certified to be due from the estate of the said C., deceased, into the Bank of Eng. to the credit of the act. of the off. liq. of the said co. And upon such payment or if it shall be certified that there is not any balance due let the recognisance dated, &c., be vacated: And let the costs of the said L. of this application and consequent thereon as between solicitor and client be paid by the said S., and allowed to him on passing his accounts. Ottoman Co. Limd., Bacon, V.-C.. 15 Ap. 1878. 828 B. Formal parts: see supra, Form 313. Let, &c., on the part of N., one of the sureties for A., the official liqui- Form 344. dator of the above-named company, that the said N. may be at liberty Summons by to attend at his own expense the passing of the accounts of the said A. surety for as such official liquidator. In special cases, e. g. where the liquidator has become bankrupt, his surety may obtain liberty to attend as follows: See Dan. Pr. 1606; Seton, 446. liberty to attend passing of account. Upon the application of W. of, a creditor of the above-named Form 345. co., and upon hearing the solicitors for the applicant and for the off. Liberty to liq. of co., and upon reading the order dated 29 Jan. 1878, and the issue an affidavit of S. filed 28 Mar. 1878, of service of the said order upon the attachment against off. liq. said H., Let the applicant be at liberty to issue an attachment against the said H. for breach of the said order of 29 June, 1878. Norman Patent Sewing Machine Co., Hall, V.-C., 10 Ap. 1878. B. 535. for breach of 9 Seal in pursuance of order dated 10 April, 1878, an attachment Form 346. directed to the Sheriff of Middlesex against H. of Præcipe for an order dated 29 Jan. 1878, in not leaving in the chambers of the writ of attachjudge his account of his receipts and payments as off. liq. of the above ment. co. as by the said order the said H. was commanded. Order dated 29 Jan. 1878. M. of solicitor for a creditor of the above named co. Norman Patent Sewing Machine Co., 12 Ap. 1878. B. 657. Remuneration of Official Liquidators. Formal parts: see supra, Form 313. On the part of the official liquidator of the above-named company, Form 347. that he may be at liberty to retain and pay himself out of the assets of Summons by |