afterwards from time to time so long as may be necessary; and at the time appointed by any such adjournment, or upon a summons to enforce payment of the call, duly served, and npon proof of the service of the order and notice of the amount due, and non-payment (a), an order (B) may be made for such of the contributories who have made default, or of such of them against whom it shall be thought proper to make such order, to pay the sum which by such former order and notice they were respectively required to pay, or any less sum which may appear to be due from them respectively. (a) Form 38 in Sch. (8) Form 39; and affidavit of service, Form 42. PAYMENT IN OF MONEYS AND DEPOSIT OF SECURITIES (a). 36. If any official liquidator shall not pay all the moneys received by him into the Bank of England, to the account of the official liquidator of the company, within seven days next after the receipt thereof, unless the judge shall have otherwise directed, such official liquidator shall be charged in his account with ten shillings for every £100, and a proportionate sum for any larger amount, retained in his hands beyond such period, for every seven days during which the same shall have been so retained, and the judge may, for any such retention, disallow the salary or remuneration of such official liquidator. (a) Comp. Act, 1862, s. 104; and see Rule 11, supra, and Form 14 in Sch. 37. All bills, notes, and other securities payable to the company or to the official liquidator thereof shall, as soon as they shall come to the hands of such official liquidator, be deposited by him in the Bank of England for the purpose of being presented by the Bank for acceptance and payment, or for payment only, as the case may be. 38. All orders for payment of calls, balances, or other moneys due from any contributory or other person, shall direct the same to be paid into the Bank of England, to the account of the official liquidator of the company, unless on account of the smallness of the amount or other cause, it shall, having regard to the amount of the security given by the official liquidator, be thought proper to direct payment thereof to the official liquidator: Provided that where any such order has been made directing payment of a specific sum into the Bank of England, in case it shall be thought proper for the purpose of enabling the official liquidator to issue execution or take other proceedings to enforce (a) the payment thereof, or for any other reason, an order may, either before service of such former order, or after the time thereby fixed for payment, be made, without notice, for payment of the same sum to the official liquidator. (a) Comp. Act, 1862, ss. 103, 120. When an order has been made on a contributory to pay money into the Bank to the account of the official liquidator, and it is desired to enforce the order by writ of fi. fa., the official liquidator must follow the course here prescribed, and obtain an order for payment of the sum in question to himself, notwithstanding the 103rd section of the Comp. Act, 1862. There seems no reason why, if before any order has been made for payment into the Bank, the Court is satisfied that the issuing of a writ of fi. fa. must eventually be resorted to, the Court should not at once and in the first instance make an order for payment to the official liquidator (a). 39. At the time of the service of any order for payment into the Bank of England, the official liquidator shall give to the party served a notice, to the purport or effect set forth in Form No. 40 in the third schedule hereto, for the purpose of informing him how the payment is to be made; and before the time fixed for such payment, the official liquidator shall furnish the cashier of the Bank of England with a certificate, to the purport or effect set forth in Form No. 41 in the third schedule hereto, to be signed by such cashier, and delivered to the party paying in the money therein mentioned. 41. For the purpose of enforcing any order for payment of money into the Bank of England an affidavit of the official liquidator, to the purport or effect set forth in Form No. 43 in the third schedule hereto, shall be sufficient evidence of the non-payment thereof. 41. All moneys, bills, notes, and other securities paid and delivered into the Bank of England, shall be placed to the credit of the account of the official liquidator of the company; and orders for any such payment and delivery shall direct the same accordingly. (a) In re Leeds Banking Co., L. R. 1 Ch. 150. DELIVERY OUT OF SECURITIES, AND PAYMENT OUT AND INVESTMENT OF MONEYS (a). 42. All bills, notes, and other securities delivered into the Bank of England, shall be delivered out upon a request signed by the official liquidator, and countersigned by the chief clerk of the judge; and moneys placed to the account of the official liquidator shall be paid out upon cheques or orders signed by the official liquidator, and countersigned by the chief clerk of the judge. (a) Comp. Act, 1862, s. 104; Form 14 in Sch. to this Order. 43. All or any part of the money for the time being standing to the credit of the account of the official liquidator at the Bank of England, and not immediately required for the purposes of the winding-up, may be invested in the purchase of Bank £3 per Cent. Annuities, Reduced £3 per Cent. Annuities, New £3 per Cent. Annuities, or New £2 10s, per Cent. Annuities, in the name of the official liquidator, or in the purchase of exchequer bills. All such investments shall be made by the Bank of England, upon a request (a) signed by the official liquidator, and countersigned by the chief clerk of the judge, and which request shall be a sufficient authority for debiting the account with the purchase money; and such exchequer bills, and in case of an exchange thereof any new exchequer bills, shall be retained by or deposited with the Bank of England, in the name and on behalf of the official liquidator; and such annuities or exchequer bills shall not afterwards be sold or transferred or otherwise dealt with except upon a direction for that purpose, signed by the official liquidator, and countersigned by the chief clerk of the judge, or under an order to be made by the judge. (a) Form 44 in Sch. 44. All dividends and interest to accrue due upon any such annuities, shall from time to time be received by the Bank of England, under a power of attorney to be executed by the official liquidator, and placed to the credit of the account of such official liquidator; and such of the exchequer bills as shall from time to time be in course of payment, shall be delivered by the Bank of England to one of their cashiers, who is to receive the interest due thereon, and exchange the same for new bills, in case such new bills are issued, or otherwise to receive the principal and interest due on such of the said bills, so in course of payment, as cannot be exchanged, and pay the said interest, or principal and interest, as the case may be, into the Bank of England to the credit of the account of the official liquidator of the company. MEETINGS OF CREDITORS OR CONTRIBUTORIES. 45. When the judge shall direct a meeting of the creditors or contributories of the company to be summoned under the 91st or 149th section of the said Act, the official liquidator shall give notice (a) in writing seven clear days before the day appointed for such meeting, to every creditor or contributory, of the time and place appointed for such meeting, and of the matter upon which the judge desires to ascertain the wishes of the creditors or contributories; or, if the judge shall so direct, such notice may be given by advertisement (a), in which case the object of the meeting need not be stated, and it shall not be necessary to insert such advertisement in the London Gazette. (a) Form 45 in Sch. 46. The votes of the creditors or contributories of the company at any meeting summoned by the direction of the judge, may be given either personally or by proxy (a); but no creditor shall appoint a proxy who is not a creditor of the company whose debt or claim has been allowed, and no contributory shall appoint a proxy who is not a contributory of the company. (a) Form 46 in Sch. 47. The direction of the judge for any meeting of creditors or contributories under the 91st or 149th section of the said Act, and the appointment of a person to act as chairman of any such meeting, shall be testified by a memorandum (a) signed by the chief clerk of the judge. (a) Form 47 in Sch; Chairman's Report, Form 48. DIRECTION OR SANCTION OF THE JUDGE. 48. The sanction of the judge to the drawing, accepting, making, and indorsing of any bill of exchange or promissory note by any official liquidator (a), shall be testified by a memorandum (8) on such bill of exchange or promissory note, signed by the chief clerk of the judge. (a) Comp. Act, 1862, s. 95. (8) Form 49 in Sch. to this Order. 49. Every application for the sanction of the judge to a compromise with any contributory or other person indebted to the company (a), shall be supported by the affidavit of the official liquidator that he has investigated the affairs of such contributory or person, and stating his belief that the proposed compromise will be beneficial to the company, and his reasons for such belief; and the sanction of the judge thereto shall be testified by a memorandum (B), signed by the chief clerk of the judge, on the agreement of compromise (7), unless any party shall desire to appeal from the decision of the judge, in which case an order shall be drawn up for that purpose. (a) Comp. Act, 1862, s. 160. (B) Form 51 in Sch. to this Order. (7) Form 50. 50. The direction or sanction of the judge for any other proceeding or act to be taken or done by the official liquidator (a) shall be obtained upon summons, and an order (6) shall be drawn up thereon, unless the judge shall otherwise direct. (a) Comp. Act, 1862, ss. 95, 97, 159. As to s. 168, see Rule 51. APPLICATIONS TO THE COURT OR JUDGE UNDER ss. 137, 138, 141, 167, AND 168, OF THE ACT. 51. Every application under the 137th, 138th or 141st section of the said Act shall be made by petition or motion, or, if the judge shall so direct, by summons at chambers; and every application under the 167th or 168th section of the said Act shall be made by petition. ORDERS. 52. All orders made in chambers shall be drawn up in chambers, unless specially directed to be drawn up by the |