FORM No. 775.

Report of referee passing accounts.4

[Title of court and cause.]

To the Supreme Court of the State of New York:

I, R. F., to whom, under an order of this court, bearing date , made herein, it was referred, as sole referee, 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 property, 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 ]; 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.]

[Annex testimony signed.]

[Signature of] Referee.

[Subsequent proceedings by the various parties, viz., Notice of Filing, Exceptions, Order Confirming, etc., as in ordinary reference to report.]5

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 court for determination. People r Am. Loan & Tr. Co., 177 N. Y. 231, 467.

5 See REFERENCES, Vol. II.

FORM No. 776.

Order confirming referee's report, passing receiver's accounts, directing distribution, 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 upon the order of reference, made herein on said 19 ; and upon the report of

day of

19 and

day of

referee, dated

19 , and filed in the office of the clerk of the County

of New York, on the

day of

19

notice of the filing of said report, dated August

admissions of service thereof by all the parties in appearance herein, and upon the annexed affidavits of verified 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

Com

pany, 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]...

THE RECEIVER IS CREDITED WITH

Expenses of conducting the business as temporary receiver, as paid by him, as shown by Schedule C.

Expenses of administration, other

than the conduct of the business, as shown by Schedule D..

$

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 receiver 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 19 ; that said receiver retain the sum of

$

, as the balance of his commissions, to which he is en

which sum is

titled; that he pay to A. & C. the sum of $ hereby allowed to them for their services and disbursements as attorneys rendered to and on account of said receiver from 19, to . and as reported 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.]

[Names]

[Amount]

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.

as above

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that for· the purpose of making the foregoing payments the Trust Company 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 and the Surety Company, the surety upon his bonds as [such temporary and permanent receiver aforesaid, he 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.

Enter.

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 heretofore 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.

day of

[Or, that the order of reference to R. F. to appoint a receiver in this action, dated the 19, be revoked 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 reorder to show cause. Supra, pp. 122, 123.

6 Siney . N. Y. Consol. Stage Co., 18 Abb. Pr. 435, 28 How. Pr. 481; Connolly r. Kretz, 78 N. Y. 620.

See note 10 to Form 781.

If application is made to vacate the order or revoke appointment for irregularity, the irregularity must be specified in the notice of motion or

As to applying at a term held by same judge, see supra, p. 93. 7 See above notes.

The motion can only be made within the judicial district where he was appointed. Gen. Rule No. 80.