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FORM No. 775.
Report of referee passing accounts.4 [Title of court and cause.]
To the Supreme Court of the State of New York:
19 , made herein, it was referred, as sole referet, among other things, to take and state the account of W'. J. B., Esq., the receiver of the property of the N. T. Co. of
the defendant in this action, and also the condition of the trust prop erty, and to hear and examine the proofs, vouchers and documents for and against the said account (or otherwise as in the order of reference provided] do hereby report:
I. That before proceeding with the business of the reference, I duly took and subscribed the annexed oath.
II. That I was attended on such hearing by [a deputy of the attorney-general of this State,] the attorney for said receiver, and by said receiver in person, and by
[and that proof was produced by affidavit of M. N., hereto annexed, that due notice of the hearing before me was given to 1 ; and that I thereupon heard the proofs of the respective parties and examined the accounts and the vouchers and documents relating thereto; and also examined said receiver personally, under oath, and such witnesses as were produced before me, touching the matter so referred, and their testimony is hereto annexed; and that, from the proofs before me, I do find and report as follows:
[Set forth substance of report. ]
All of which, together with the evidence taken and vouchers produced, is respectfully submitted. [Date.]
Referee. (Annex testimony signed.] [Subsequent proceedings by the various parties, viz., Notice of Filing, Erceptions, Order Confirming, etc., as in ordinary refer. ence to report. ]
4 The referee's report will not become absolute as to creditors who file no exceptions, under Gen. Rule No. 30, when the directions of the referee contravene a positive provision of the Code, and one creditor files exceptions
which bring the matter before the
6 See REFERENCES, Vol. II.
FORM No. 776.
Order confirming referee's report, passing receiver's accounts, directing dis
tribution, etc. [After appropriate recitals of the prior proceedings:] Now, upon the verified account of said
as receiver aforesaid, with the exhibits thereunto annexed, together with the vouchers in support thereof, filed in the office of the clerk of the County of [New York,] on the
19 and upon the order of reference, made herein on said
day of 19 ; and upon the report of
referee, dated 19 and filed in the office of the clerk of the County of New York, on the
19 and upon the notice of the filing of said report, dated August
19 with admissions of service thereof by all the parties in appearance herein, and upon the annexed affidavits of
19 and it appearing from the certificate of the clerk of the County of New York, hereto attached, that no exceptions have been filed to said report of said referee, and on proof of the service of this proposed order upon the attorneygeneral of the State of New York, it is, on motion of C. C. A., attorney for said receiver,
ORDERED, ADJUDGED, AND DECREED, that the said report of
Esq., referee, be and the same is hereby in all respects confirmed and approved, and that the account of the said as temporary (and permanent] receiver of the
Company, be and the same is hereby stated, settled and allowed as follows:
THE RECEIVER IS CHARGED WITH
Amount received by him from all sources, [both
as temporary and permanent receiver)......
Expenses of administration, other
than the conduct of the business, as shown by Schedule D.. $
Amount advanced by receiver to
bimself, on account of commissions, as shown by Schedule E. $
Total amount credited
leaving a balance in the hands of said receiver of $ to which should be added the sum of $ , interest credited on amount on deposit, and not included in his account, making a total sum of $ in his hands for distribution, subject to the payment of the expenses of this accounting, the bill of A. & C. for legal services and the balance of the commissions due to the said receiver; and it is further
ORDERED, ADJUDGED, AND DECREED, that the account of said me ceiver as above stated, settled and allowed, be and the same is hereby decreed to be final and conclusive upon all the creditors of the said
Company, upon all persons who have claims against it upon any open or subsisting engagement and upon all the stockholders of said corporation; and it is further
ORDERED, ADJUDGED, AND DECREED, that the receiver, out of the balance so found as above remaining in his hands pay to Esq., the sum of
dollars, which sum is hereby allowed to him for his fees as referee upon this accounting that he pay to
.the sum of $ for his services as stenographer upon this accounting; that he pay to C. C. A., his attorney the sum of
, hereby allowed to him for his services and disbursements rendered to and on account of said receiver in this proceeding since
; that said receiver retain the sum of $ , as the balance of his commissions, to which he is entitled ; that he pay to A. & C. the sum of $ which sum is hereby allowed to them for their services and disbursements as attorneys rendered to and on account of said receiver from 19, to
19, and as reportrd for allowance by said referee; that he pay to the following persons the following sums set opposite their respective names, to which they are entitled as preferred creditors, [under the provisions of section 8 of the Labor Law.]
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that out of said balance aforesaid said receiver pay to the comptroller of the State of New York the sum of $ being the amount of tax due the State of New York, upon said corporation, with interest and penalties added; the said receiver pay to the receiver of taxes of the city of New York the sum of dollars remaining in his hands after making the payments as above provided, together with any interest which shall meantime have accrued, if any, on account of the taxes due the city of New York against said corporation.
[Provision for pro rata payments to the unpreferred creditors.]
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the receiver pay to himself the sum of $ being the amount claimed by and allowed to said receiver for services of a bookkeeper in preparing his schedules, which amount has been paid by the receiver personally and not reimbursed to him, and which is included in the amount on deposit to his credit in the Trust Company in addition to the balance of $ set forth.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that for · the purpose of making the foregoing payments the Trust ('ompany be and hereby is directed to pay out the funds in its hands to the credit of said
as receiver of said Company, the several amounts hereinbefore directed to be paid by said receiver upon the order of said receiver; and it is hereby further
ORDERED, ADJUDGED, AND DECREED, that upon making the payments aforesaid the said
Surety Company, the surety upon his bonds as (such temporary and permanont) receiver aforesaid, be and they are hereby discharged and released of and from all liability as receiver and as such surety respectively and that the bonds of said receiver be canceled and discharged.
FORUS. 777. Notice of motion to revoke ap 783. Order to show cause why repointment.
ceivership should not be dis778. Order for appointment of a dif
charged. ferent receiver.
784. - discharging receivership. 779. Notice of motion to remove re 785. Notice of motion or petition to ceiver.
discharge receivership as to 780. Order removing receiver and ap
specific property. pointing substitute.
786. Order that receiver pay over to 781. Notice of motion to discharge
his successor. receiver.
787. Affidavit to obtain order to show 782. Order removing receiver with
cause why removed receiver his consent and substituting
should not be punished for new receiver.
contempt for failing to pay
over. FORM No. 777. Notice of motion to revoke appointment.6 [Object of motion may be stated thus:] that the said appointment of R. C. as receiver may be revoked; and that the court appoint a new receiver in this action, and take the requisite security.
FORM No. 778. Order for appointment of a different receiver. [Title (court order) and recitals according to the case.]
ORDERED, that it be referred [back] to R. F. [the referee here tofore appointed] to review the appointment of R. C. as receiver in this cause; and that the same may be supported and opposed by further evidence; and that upon such review, and upon due hearing of the parties, the said referee proceed to appoint a receiver in this action, pursuant, in all respects, to said order.
[Or, that the order of reference to R. F. to appoint a receiver in this action, dated the
19, be me voked and set aside, and that — here proceed as in an original order.]
FORM No. 779.
Notice of motion to remove receiver.7 [The object of motion may be stated thus:] that R. C. appointed receiver in this action be removed (and that it be re
6 Siney v. N. Y. Consol. Stage Co., order to show cause. Supra, pp. 18 Abb. Pr. 435, 28 How. Pr. 481; 123. Connolly v. Kretz, 78 N. Y. 620.
As to applying at a term held be See note 10 to Form 781.
same judge, see supra, p. 93. If application is made to vacate the 7 See above notes, order or revoke appointment for ir The motion regularity, the irregularity must be within the judicial district where he specified in the notice of motion or was appointed. Gen. Rule No. 80.
can only be made