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ferred to a referee to — or, that the court -- appoint a substitute in his place, and take the requisite security], and for such other. and further relief as may be just; and for the costs of this motion (to be paid by said R. C. personally).
FORM No. 780. Order removing receiver and appointing substitute.8 [Title (court order) and recitals according to the case.]
ORDERED, 1. That R. C. be and he hereby is removed from the office of receiver herein [may state ground if desired"), and that of is hereby appointed receiver of
with the powers and duties conferred by the order entered herein the
[or may specify them). 2. [Bond clause as in Form 679, p. 1030.]
3. That upon the filing of said bond so approved, in the office of the clerk of this court, said R. C. do forthwith deliver over unto said
receiver herein, all books, papers, evidences of debt, accounts, notes, bills, bonds and property of all and every de scription belonging to said corporation, which may have theretofore come into his hands as receiver herein, and that he forth with execute, acknowledge and deliver to said
proper deeds of conveyance of all real estate of said corporation standing in his name as such receiver, conveying such real estate to said as receiver herein, his successors and assigns and their heirs, which deed or deeds shall contain a covenant against the acts of the said R. C., and shall be approved as to form by one of the judges of this court. 4. That it be referred to R. F. of
, as referee, to take and state the account of R. C. as receiver herein, and report the same to this court with all convenient speed.
Enter: [signature of judge by initials of name and title.]
FORM No. 781.
Notice of motion to discharge receiver.10 [The object of motion may be stated thus:] that R. C., the receiver appointed in this action, be discharged; and that on an
8 Compare Form 777.
I See Bruns e. Stewart Mfg. Co., 31 Hun, 195.
10 Discharge on the receiver's appli. cation before he has completed his duties is not matter of course. Beers 0. Chelsea Bank, 4 Edw. 277.
As to who may apply, see First Nat. Bank r'. E. T. Barnum Iron Works (Mich. 1886), 27 N. W. Rep. 657.
As to who should have notice, sec Bruns r. Stewart Mfg. Co., 31 Hun, 195; Miller v. Loeb, 64 Barb. 454;
accounting by him, and a delivery of all property and other thing held by him as such receiver, to be made as the court may direct the bond entered into by him, the said receiver, and bis sureties, may be vacated (and that the plaintiff may pay him, the said receiver, the sum of dollars, 'reported due to him by the re
, dated the suant to an order made in this cause the 19 ); and for the costs of this motion.
, 19 , pur
FORM No. 782. Order removing receiver with his consent and substituting new receiver.11 [Title (court order) and recitals, according to the case; see
Form 101, p. 259 of this volume.]
1. That R. C. be and he hereby is, at his own request, removed from the office of receiver of [state briefly] to which he was appointed by the order of this court, made in the above entitled actions on
[upon the successor hereinafter ap pointed duly qualifying, and upon accounting fully and transferring to such successor all the assets of the receivership).
2. That the said R. C. pass his accounts as receiver in these actions before R. F., Esq., a counselor-at-law, who is hereby ap pointed sole referee to examine the said receiver and his agent or agents, under oath, touching all matters therein contained, and re lating to his acts as such receiver (since the last account], and to take and state his account and report thereon to this court, with the evidence.
And the said referee is directed to ascertain, determine and re port to this court what, in his opinion, is a suitable and proper sum to be allowed to said receiver as and for his compensation; also what is a proper sum to be allowed to the bookkeeper and accountant employed by said receiver as and for his compensation, and what is a reasonable sum to be allowed to the attorners of said receiver as and for their compensation for services rendered since the of
19 3. That on the coming in of the said report and the confirmation thereof, and upon compliance by said R. C. with such further order as may be made herein by this court, the said R. C. be discharged from all the duties and responsibilities of his afore
and Hovt r. Continental Ins. Co., 21 Wkly. Dig. 145.
As to notice to Attorney-General in corporation cases, see p. 1010 of this volume.
As to the place for moving, see
11 Compare Form 779.
, Esq., of
said receivership, and the bond given for the faithful discharge of his duties as such receiver be vacated and canceled, and the sureties thereon fully exonerated and discharged. 4. That the said R. C. transfer and deliver to
hereinafter named, all the books and papers, money, property and effects of every kind which may have come into his hands, and are now held by him as such receiver, on or before the day of 19 if said shall then have duly qualified and entered upon the duties of the trust.
5. And it appearing to the court that is a fit and proper person to be appointed receiver in these actions in the place and stead of said R. C., it is hereby ORDERED [if after judgment, add, adjudged and decreed], that said
be and he hereby is appointed receiver in the place and stead of the said R. C., to [here state functions as on an original appointment; see Forms 679–724, adding), and to receive and take from said R. C. all the property and assets of the aforesaid receivership [direct assignment if necessary; see Forms 693, 707].
6. AND IT IS FURTHER ORDERED, that the said ceiver, have and possess the same powers and be subject to the same duties and obligations conferred or devolved upon the said R. C. by the order of this court, made
19 (save that the said
as receiver, shall pass his accounts as therein provided, once in each months, and not once in each month, as therein directed].
7. [Bond clause as in Form 679.]
FORM No. 783. Order to show cause why receivership should not be discharged. [As in Form 60, p. 179, stating relief, for instance, th us:] why R. C., the receiver herein, should not be discharged and turn over the possession of all the property of which he is receiver, and all which has come to his possession as such, to said defendants, together with all papers, leases and documents relating to such property.
FORM No. 784.
Order discharging receivership. Title (court order) and recitals, according to the case. See
Forms 94, p. 255, and 101, p. 259.]
ORDERED, 1. That R. C., receiver in this action, be and he hereby is discharged from any further duty and office as such receiver, except as hereinafter set forth.
2. That the said receiver immediately turn over the possession of the lands and premises described in the complaint in this action (or otherwise designate property] to the defendants 2 together with all papers, leases and documents relating to such property or to the tenants and terms of occupation thereof now or hereafter in his possession, or in any manner under his control [if necessary, direct account as in Form 780 or 782, or otherwise may proceed thus), and that he pay to such defendants or the guardian ad litem of such defendants as are infants, respectively, all moneys by him collected as the rents of such premises, and which have been by him collected since
19 first deducting therefrom his commissions and other charges (if any) to him by law allowed, and paying two-thirds of the sum so by him to be paid to said H. C. F., and the remaining one-third to the defendant W. B. F.
ORDERED, that he file with the clerk of this court, with all convenient speed, a report of all his proceedings as such receiver.
[Reservation of liability of company for unsettled claims.] It is FURTHER ORDERED AND DECREED, that all said claims pending in this court, whether debts or other liabilities, shall be presented to said
Company for adjustment and settlement, and said company is ordered to pay the said debts, with the costs and expenses allowed by law; and for the purpose of enforcing the payment therefor, if need be, this court will and does retain jurisdiction and full power to enforce such payment and the lien heretofore existing, without other action or independent proceedi
FORM No. 785. Notice of motion or peticion to discharge receivership as to specific property.
[Demand of relief may be thus:] to vacate so much of the order made the
19 , for the appointment of a receiver herein, as directs the said receiver to take possession of or administer (any property belonging to the said
Company, or to in any manner take possession of or operate the said line of railroad built by the said last named railroad corporation under the charter thereof, or the equipments or assets thereof],
12 In Anderson r. Treadwell, 1 Edw. Sel. (as. 201, it was held that an assignment to a receiver becomes void so soon as the object of the suit is accomplished, and when the purpose is fulfilled the property reverts to the
grantor without reassignment. Compare 99 N. Y. 275.
13 Under this a claimant can proceed against the company or the foot of this order. Farmers' Loan & Trust Co. v. Central Ry, of Iowa, $ Fed. Rep. 60.
and for such other or further order as may be just [and as will give your petitioners the full benefit of their rights as creditors of said
FORM No. 786. Order that receiver pay over to his successor. [Title (court order) and recitals, according to the case; see Form
101, p. 259.] ORDERED, that the said R. C., within days from the service
upon him of a copy of this order, pay over to receiver of
the sum of dollars [as reported by the said referee], together with the further sum of dollars, the costs of this motion, amounting in all to the sum of dollars.
Enter: [signature of judge by initials of name and title.]
FORM No. 787. Affidavit to obtain order to show cause why removed receiver should not be
punished for contempt for failing to pay over.14 [Title of court and cause.]
J. D., being duly sworn, says:
[Allege appointment and qualification as in I and II of Form 731, unless already shown in previous proceedings to direct payment, etc.]
III. [Allege personal service of order to pay; see Form 661, supra.] IV. That on the
19 deponent de manded of said
payment to deponent as receiver of the said
(or otherwise show his authority to demand] the sum of ; that said
has not paid to deponent the said sum or any part thereof, although the time limited in said order within which to pay the same has expired, and that said
has failed to comply in any respect with said order of the
day of V. That no other application for this order has been made, except (etc. See Form 52, p. 171]. [Jurat.]
[Signature.] [For further proceedings see CONTEMPT.]
14 See Clark v. Bininger, 75 N. Y. 344.