COMPANIES ORDINANCE, 1886

COMPANIES ORDINANCE, 1886

ORDINANCE No. 30 OF 1886.

Companies.

No. 30 of 1886.
An Ordinance entitled An Ordinance to amend the Compaides
Ordinances 1865 to 1886.
[ 12th Janii arT, '1887.]

H E RL A S 'it is desirable that certain imperial acts amending the
law relating a ' 'nt stock 'companies should be introduced into
b to joint Colony: Be it enacted by the Governor of Hongkong, with the
advice
of the Legislative Council thereof, as follows :-

PART I.

2049

1&e Ordi-
uanee; No.1 Qf
1865, Nos. 2
,g- 3 of 186f>;
jM
o. 1 (if 1877,
jlro. 1.4 of
1881, 11ro. 3 tf
1883 and .tyro.
25 of 1 8,9o. ]

Preliminary.

1. This Ordinance may be cited for all purposes as 7%e Conzpanies sh-a
title

Ordinance, 1886 and shall so far as is consistent with the tenor thereof
, tzo»,.
be construed as one with The Companies Ordinwnces 1865. to 1881 and all
Ordinances amending the same and the said Ordinances and this Ordinance
may be referred to as '1 he Companies Ordinances 1865 to 1886.

PART II.

Joint atcck eornpaniES arrtzngement:

2, Vf here any comprornse or arrangement shall be proposed bet~,~een
n, company ' which is, at the time of the passing of this Ordinance or
afterwards, in the course of being wound up, either voluntarily or by ~ or
under the supervision of the Supreme Court, under 7'he Companies
'Ordinances 1865 to 1886 or any of then-, and the creditors of such
company,
or any class of such creditors, it shall be lawful for, the Court, in
addition
to any other of its powers, on the application in a summary way of any
creditor or the liquidator, to order that a meeting of such creditors or,
class of creditors shall be summoned in such manner as the Court shall
direct, and if a majority in number representiny three fourths in value of
such creditors or class of creditors present either in person or lay proxy
at such, meeting shall agree to any arrangement or compromise, sLrch
arrangement or compromise shall, if sanctioned by an order of the Court,
be binding on all such creditors or class of creditors, as the ca' 7 may
be,
and also on the liquidator and contributories of the said company.

3. The word company in the 'last section shall mean 9ny con ?pony
x liable to be ~cound up under The Companies Ordinaiw,.1865.

and construe-

u'here cam.
promise
proposed.,
Court may
order a meet-:
ing of cred-
itors, &c., to
decide as to
such eoxn-
romise,
~33 & 34 1. c.
1.04, s.-2.1

lriterp : et.a;-
tion.
[Did. sr 1.1
ORDINANCE No. 30 of 1-8x6.

Companies.

PART III.
Reduction of Capital.

cJo, 4. 'fhe word capital as used in The Companies Ordinance,
187f, ,
of capital,;
flower to shall irlclrlde paid up capital ; and the power to reduce
capital conferred.
reduce
capital, ,by that Ordinance shall include a power to cancel any lost
capital, or any
[41) and 41. v. .
capital unrepresented by available assets or to pay off any capital which
may be in excess of the wants of the company ; and paid up capital may
be reduced either with or without extin(ruishiry or reducing the liability
(if any) remaining ~ on the shares of the company and to the extent to-
which such liability is not extinguished or reduced, it shall be deemed to
be preserved, notzvithstandin(r ;my think contained in Die Companies
Ordinance, 18 77.
Appliratio,l ~. The provisions of The Companies Ordinance, 1877, as amended
af Ordinance
No. I ofvs77, by this Ordinance, shall apply to any company reducing its
capital in

C rbi'l' s' 4'] pursuance of this Ordinance and of The Companies
Ordinance, 187?, as

amended by this Ordinance: Provided that where the reduction of the
capital of a company does not involve either the diminution of any
liability irk respect of unpaid capital or the payment to any shareholder
of any paid up capital,

( l .) The creditors of the company shall not unless the Court
otherwise direct, be entitled to object or required to,
consent to the reduction; and

( 2. ) It shall not be necessary before the presentation of the
petition for confirminb the reduction to add, and the
Court may; if it thinks it expedient so to do, dispense
altoo,ether with the addition- of the words and reduced
as mentioned in The Companies Ordinance, .T877.

In any case that the Court thinks fit so to do, it may require the-

compaly to publish in such manner as it thinks fit the reasons for the
reduction of its capital or such other information in regard to the
reduction
of its capital as the Court may think expedient with a view to give
proper information to the public in relation to the reduction of its
capital
by a col-npany,_ and, if the Court thinks fit; the causes which led to
such
redaction.

The minute required to be registered , in the case of reduction of
capital shall show; in addition to the other particulars required by late,
O.RDINANCL N'o. 3Q oF_ :I=896.

Companies.

the amount (if any) at the date of the registration of the minute proposed
to be deemed to have been paid up on each share.

6. Any company limited by shires may so far modify the conditions
contained in its memorandum of association, if authorised so to do by its
regulations as originally framed or as altered by special resolution, as
to
r, duce its capital by cancelling any shares which, at tile date of the
passing
of such resolution, have not beer! taken or agreed to be taken by any
person; and the provisions of The Companie& Ordnance,.4877 shall not
:ihply to any reduction of capital made in pursuance of this section.

PART IV.

Accumulated profits.

7. When any counhany has accumulated a suns of undivided profits,
which with the consent of the shareholders lnay be distributed among
the shareholders in the form of a dividend or bonus, it shall be lawful
for
the company, by special resolution, to return the same, or any part
thereof, to the shareholders in reduction of the paid up capital of the
company, the unpaid capital being thereby increased by a similar amount.
The powers vested in the directors of making calls upon the shareholders
in respect of moneys unpaid upon their ;hares shall extend to the amount
of the unpaid capital as augmented bar such reduction.

$. No such special resolution as aforesaid shall take effect until a
memorandum, showing the particulars. required by law in the case of a
reduction of capital-by order of the Court,, shall h:lve been produced to
<2n .d registered by the registrar of companies.

8. Upon any reduction of paid up capital made in pursuance of this
Ordinance, it shall be lawful for any shareholder, or for any one or more
of several joint shareholders, within one mouth after the passing of the
special resolution for such reduction, to require the company to retain,
and the company shall retain accordingly; the whole of the moneys actu-
ally paid upon the shares held by such person, either alone or. jointly
Nvith any other person or persons, and which, in consequence of such
reduction, would otherwise be returned -to Min or them, anal thereupon
the shares in respect of which the said moneys shall be so retained shall,
y-
in regard to the payment of dividends thereon, be, deemed to be paid up
to the sane extent only as the shares on,which payment as aforesaid has
been,accepted_ by the shareholders in reduction of their. paid up capital,

rower to
reduce
capital by the
cancelling of
unissued
shares.
[Ibid. S. 5.3

Accumulated
profits may be
returned to
shareholders
in reduction
of -paid-lip
capital.
:(43 Y. <s. 19,
.

s. :3.

No resolution
to take effect
till particu-,
lays have been
registered.
[43 1'. c. 19,
s: 4.] 11

Power to any
shareholder
within one
month after
passing of
resolution to.,
require com-
pany to retain
moneys paid
upon shares
held by such
person.
[43 Y. c, 19,
s. 5.1
ORDINANCE No. 30 of 1886.

Companies.

and the company shall invest and keep invested the moneys so retained
in such securities, as may be authorised by ,the Supreme Court, and LlpOtl
the money so invested, or upon so much tlzereof as from time to time
exceeds the amount of calls subsequently made upon the shares in respect
of which such moneys shall have been retained, the company shall pay
such interest as shall he received by them from time to time on such
securities, and the amount so retained and invested shall be held to
represent the future calls which may be made to replace the capital so
reduced on those shares, whether, the amount obtained on sale of the
whole or such proportion thereof as represents the amount of any call.
when made, produces more or less than the amount of such call,

company to' 10. From and after such reduction of capital the company shall
iipecify
.~,mo~nt~ specify in the annual lists of members, to be made by them in
pursuance
ae ~ ~ e

n of the twenty-fifth section of The Companies Ordinance, .865, the amount;
required them
to retain which any of the shareholders of the company shall have required
the

:~i~ ~o ~ 1,~°~ com av to retain and the company shall have retained
accordingly, in

am°'nts °f
~ of the 9th section of this Ordinance and the company shall
~rofta.rc~t~rn- pursuance d I h a~also specify in the statements of
account Iuid bet'ore any general meeting
of the com1W hy , the amount of the undivided profits of the company
which shall have been returned to the shareholders in reduction of the
paid up capital of the company under this Ordinance.

PART 'V.

defunct compai2ies.

11. (1. ) Where the registrar of companies has reasonable cause to
believe that a company, whether registered before or after
the passing of this Ordinance, is not carrying on business
or in operation, he shall send to the company a letter
inquiring whether the company is carrying on business
or in operation.

If the Registrar does not ,Ndthin one month of sending the
letter receive any answer thereto; he shall within fourteen.
days after the expiration of the month send too the com-
pany a second letter referring to the first ~ letter, and
stating that no `answer thereto has been received bar the
hegisti~ar,' and that 'if an answer is not received to the
0R IDI NA N''C E No. 3U OF%, 1 836.

Companies.

second letter within one month from the date thereof, a,
notice will be published in the Gazette with a view to
striking the name of the company off the regrister.

(.3.) If the heistrar, either receives an answer from the company
to the effect that it is not carrying on business or in
operation, or does not within one month after sending
thetsecond letter receive any answer thereto, the Re-
pistrar may publish in the Gazette and send to the
company a notice that at the 'expiration of three months
from. the date of that notice the name of the company
mentioned therein will, unless cause is shown to the
contrary, be struck off the register --.tnd the company
will be dissolved.

(4.) At the expiration of the time mentioned in the notice the
Recistrar tnay, unless cause to the contrary is previously
shown by such company, strike the name of such com-
patiy off the register, -and shill publish notice thereof in
the Gazette, rind on the publication in the Gazette of
such last mentioned notice the company whose name is
so struck off shall be dissolved: Provided. that the liabil-
ity , (if any) of every director, managing officer, and
member of the company shall continue and may. be en-
forced as if the company had not been dissolved.

(5.) Lf' any company or member-thereof feels aggrieved by the
name of such company having been struck off the reais-
ter in pursuance of this section, the company or niein-
ber may apply to the Supreme Court and the Court, if
satisfied that the company was at the time of the strik-
ing off carrying on business or in operation, and that it
is just so to do, may order the. name of the company to
be restored to the register, and thereupon the company
shall be deemed to have continued in existence as if the
name thereof had never been struck off;- and the Court
may by the order give such directions and make such
provisions as seem just for placing the company arid all
other persons in the's ame position.as nearly as m<a,y be
as if the name of the, company had never been struck off:
Salary ~ to, be
pre£eieential

r46 & 47, V.1,Os

011-DITN'ANCK ~ No. -N'

(6:) A letter or notice authorised or required fur the purposes
of this section to be gent to a company may either be
sent by post or may be delivered by hand addressed to
the company at its registered office, or, if no office has
been registered, addressed to the care of some director
or officer of the company, or if there be no director or
officer of the company whose name and address are
known to the Registrar, the letter or notice (in identical
form) may be sent or delivered to each of the persons
who subscribed the memorandum of,associatiorr, address-
ed to him at the address mentioned in that memorandum.

( 7.) In the execution of his duties 'under this section the 11uc,-
gistrar shall conform to any regulations which may b;:
from time to tirne made by the Governor in Council.

PART VI.

Claims in winding-ny.

,12a Iti.~the, yindinb-up of guy company unde r The Co) paoaies Or
1865 1865 to: 1886 whose assets may prove insufficient for the pay-
went `of its debts and liabilities and the casts of windin;-up, the same
rubs shall, prevail land be observed as to the respective rights of
secured
and -unsecured creditors as to debts and liabilities provable and as to
tire
valuation of annuities and future and contingent liabilities respectively
as nay be in force for tire time being under the law of bankruptcy with
respect to the estate of persons adjudged bankrupt; and all persons who
in any such cage would be entitled to prove for and receive dividends
out.of the. assets of any such company 'may corrre in under 'the winding
up, of such company, and make such claim against the same as they= may
be entitled to under any proceedings in bankruptcy.

13, In the distribution: of the assets of any company bezna wound

.Up, under the Companies Ordinances 1865 to 1886, there shall be paid in
priority to other debts-, _ .

(rx:) 'All waoes or salary of any clerk or servant in respect of
service rendered to the company during four months
before the commencement of the winding up not ezcecd-
ina two hundred and forty dolli°s ; and ,
QI ~'-:~ N-CL ~ ~:o.= x30f crF ~ 1 9`S.6.

Con:para~`ses,

(b.) All wanes of any lahotirer~or wonktnan'in respect of services
rendered to the company during two months before the
commencement of the winding-up. ,

14. The debts mentioned in the preceding section shall rank equally
among themselves, and shall be paid in full, unlessY the assets of the
company are, insufficient to meet the>in, in which case they shvlf abate
i n
equal proportions between themselves.

15. Subject to the retention of such sums as may he necessary for
the costs of ad ministration or otherwise, the liquidator or liquidators
or
official liquidator shall discllarae the said last mentioned debts
forthwith,
so far as the assets of the company are and will be sufflcien't to meet
t.lleul,
as and when such assets come into the hands of such liquid'ator oi-
-Iiqnidators or official liquidator.

PART vlL

3liscc>tlcxneoec..s:

`. 16. And whereas it is ex pedient to make pro-vision. for the reception
as legal evidence of certificates of incorporation other than the original
certificates, and of certified copies of and extracts from any documents
filed and registered under The C'on?panies Ordinances 1865 to 1886: Be
it- enacted, that any certificate of the illcoiporation of any company
given
by the regristrnr of colopa.nies shall be received in evidence as if it
were
the original certificate; and any copy of or extract from any of the docu-
ments or part of the documents hTt and registered at the office for the
registration of joint stock companies within the Colony, if duly,
certified
to be a true copy un.-ler the hand of the registrar of companies and whore
it shall not be necessary to prove to be such registrar, shall, in all
legal
proceedings, civil or criminal, and in all cases whatsoever, be received
in
evidence as of equal validity with-the original document.

1'7. The rules contained in the s4hedule hereto shall he the rules
under and for the purposes of The Companies Ordinances 1865 to .1886,
provided that such rules may be nlt'ered, added to or annulled in manner
directed by the said Urdil3ances.v

SiW 1 c;kailus
to rank
ednally. .
[46,k. 47 V.

1'.iqaialtr,u>' to
diaolaarge

s:11YlG' 11pt111.
receipt., of -
.trlcient.

(4G & 4 r V, u.
2 8, a. (i. ~

~;ZCCCI?t;x<?Tl - 31

legal evidence
of certified,
'copies.
[.10 &A1 -1r. c.
ORDINANCE. No., ~ 3Orr ov -I8-86.

Companies,

SCHEDULE ABOVE REFEREED TO.

Petition to wind up company.

Construction. 1 In the construction of these rules

The word the Tudge shall mean any Judge of the Supreme Court to whom
application is cnade under Mg Companies Ordinances, 186.5 to 1886 or these
rules or any rules added or altered under the provisions of the said Ordi.
nances or these rules, and

The word the. Registrar shall mean the Registrar of the Supreme Court.

'I'itieofpetitiou. 2. Every petition for the winding-up of any company by
the Court, or subject to
General orders
(General rtov., the supervision of the Court and all ii. otices,
affidavits and other proceedings under such
1882, rate a.7
petition shall be entitled in the matter of the Companies Ordinances 1885
to 1886 and of
the company to which sucia petition shall relate, . describing the
company by its most
usual style 'or firm name.

$. Every such petition. shall be advertised soven clear days before the
hearin; once
in the Gazette, and once at least in one of the fIonnhong daily
newspapers.
The advertisement shall state the day on which the petition was
presented, and the
name and address of the petitioner or petitioners and of his or their
solicitor.

4. Every such petition shall, unless presented by the company, be served
at the
registered office (if any) of the company, and if there be no registered
office, then at
tva principal, or last known principal place o the company
in the Colony,
i£lanpynch can be found, upon any member, officer, or servant of the
company there,
or in cime no such member, officer, or servant can be found there, then
lay being left at
such registered office or principal place of business, or by being served
on such member
or members of the company as the Court may direct; and every petition for
the windina-
up of a company subject to the supervision of the Court shall. also- be
served upon the
liquidator (if any) appointed for the purpose of .winding-up the affairs
of the company.
. 5, Every petition for the winding-up of anay company by the Court, or
subject to
the supervision of the Court, shall be verified by an affidavit referring
thereto, such,
afftda,via shall be made by the petitioner, or by one of the petitioners,
if more than one,
or, in case the petition is presented by the company, by some director,
secretary, or
other principal officer thereof; and shall be sworn after and filed,
within four days,
after the petition is presented, and such affidavit shall be
sufficientprimiz.,facie evidence
of the 'statements in the petition. .

aaa>ios<aipecitiow - : 6. Every contributory or creditor of the company
shall be entitled to be furnished
to-besnpnliEd.- , .

yard, r. sJ by the solicitor to the petitioner, with a copy of the
petition, within twenty-four. hours
after requiring the same on paying at the rat~e of 10 cents per folio of
seventy-two
wards for such coS.
C~R I DINA11'CE NO.30 'OF 1886.

Companies.

Order to wnd-2cp comgmia y.

7, Every order for the winding-up of a company, by the Court or subject
to its Aavertigenlent

. and service of
supervision, shall within twelve days after the date thereof, be
advertised by the peti- rorder. dyr cad

tioner once in the Gazette, and shall be served upon such persons (if
any) and in such
manner as the Court may direct.

$. Within ten days after the. date of the order to wind up a summons may
be
tabeu out by the petitioner to proceed with the winding-up of the company
and in
default thereof such summons may be taken out by any other person
interested in the
winding-up and in case.the summons he taken out by any other person than
the peti-
tioner the Judge may, if lie thinks fit, give the carriage and
prosecution of the order to
such person. Such summons shall be. served upon all .parties who may have
appeared
upon the hearing of the petition. Upon the return of such summons,.a time
shall, if
the Judge thinks fit, be fixed far the appointment of an official
liquidator and for the
proof of debts and for the list of contributories to be brought in and
directions may be
given as to the advertisements to be issued for all or any of such
purposes, and generally
as to the proceedings and the parties to attend thereon. The proceedings
under the ardor
shall be continued by adjournment, and when necessary, lay further
summons, and any
such direction as aforesaid may be given, added to, or varied, at any
subsequent itime,
as may be found necessary.

C)#taiat liquidator.

Proceedings eau
order.
[IbRo, r. 7.1

9. The Judge may appoint a person to the oflico of official liquidator,
without Appointment4

°ifleialliqnidator,
previous advertisement or notice to any party, or fix a time and place
far the appoint- czbr(4 r. s.)

meat of an~official liquidator, and may appoint or reject any person
nominated at such '
.time and place, and appoint any person not so nominated.

10. When a time and place are fixed for the appointment of an official
liquidator, Adv°;.t;eeme~.t
such tuna and place shall be advertised in such manner as the Judge shall
,direct, so m~ to r. 9.7

that the first or -only advertisement shall be published within fourteen
days and nut less
than seven days before the date so fixed.

11. Every official liquidafor shall give security by catering into a
recognizance with .secuxjty <,r,

official liquidator,

two or more sufficient sureties in such sum as the Judge may approve; and
the Judge Elba, r. 10.3
nay, if he shall think fit, accept the security of any guarantee bociety,
established by'
charter or act of Parliament in England or local ordinance in lieu of the
security of

such sureties as aforesaid, or of any of them. -

- 12. The official liquidator shall be appointed by order, and unless he
shall have,
given security, a time shall be fixed by such order within which he is to
do so: and
the order shall fig the times or periods at which the official liquidator
is to leave his
accounts of his receipts kith the Registrar, and shall direct that all
moneys to be
received shall. be paid into Court or iuta'such Bank as the Court may
direct imme-
diately after the receipt thereof to the account of the official,
liquidator of the company,

Order appoint-

ing official
liquidator.
[Ibid, r:4,l..l
and i£ paid into a Bank an account shall be opened there accordingly and
an office
copy of the order shall be lodged at such Bank.

C`''`'t'a`at`'°f 13. When an eoflicial liquidator has given security
pursuant to the directions in
naouri0y given,
ynrV,r.,72.7 the order appointing him, the same shall be certifies by the
Registrar as in the case
of a receiver appointed in a suit subject to giving security.
Fresh seatricy 14. The official liquidator shall. on each occasion of
passing his account and also
when required.
[Aid, r. ia.1 wheresoever the Judge may so require, satisfy the Judge that
his sureties are living, and
resident in the Colony and have not been adjudged bankrupt or become
insolvent, and
in default thereof he may be required to. enter into fresh security
within such time as
shall be directed.
.Rdv4rtiseineut 15. Every appointment of au official liquidator shall be
advertised in such manner
of uppo9xitmc;nt
as the Judge shall direct, immediately after he has been appointed, and
has given
[Aid, r. 14.1
Security. '
Provxstuxira ' 18. Where it is desired to appoint provisionally an official
liquidator an applica-
a~t~t~i
li'ciutdator, tion fur that purpose may, at any time after the
presentation of the petition for
o.lhtd. r. 15.1
winding-up the company, be made by summons, without advertisement or
notice to
any -person, unless the Judge shall otherwise direct; and such
provisional official liqui-
dator nay, if the Judge shall think fit, be appointee without security.
Vtactixiey I1 1'7, In case of the death, removal, or resignation of an
official liquidator another
ot'aa.$ of Official
.: 1i0,ddator. shall be appointed in his room, in the same manner as
directed in the case of a firs
trbxo; r.ne ~

_: ~- = a;lZpointmont, and the proceedings .for that purpose may be taken
by such party

. interested as may be authorized by the Jud;e to take the same.
:~ct:~it~,- ,-_ 1$, The official liquidator shall, with all convenient
speed after he is appointed,
truid, s: x:~.1
proceed to make up, continue, complete, and rectify the books of account
of the com-
pany, and shall provide and keep such books of account as shall be
necessary, or as the
Judge may direct, for the purposes aforesaid, and for shewin; the debts
and credits of
the company, including a ledger which shall contain the separate accounts
of the con-
tributories, and in which every contributory shall be debited from time
to tiwe with
the amount payable by him in respect of any call to<be made as provided
by The

Companies Ordinances 1865 to .886 and these rules.
`v~r~;~iori 19. The official liquidator shall be allowed- in his accounts,
or otherwise paid,
;of dlqudator.
Atvid, r: m:1
sUeh salary or remuneration as the Judge may from time to time direct
including any
necessary employment of assistants, or clerks by the official liquidator,
to which regard
shall be had, and such salary or remuneration may- either be fixed at the
time of his
appointment, or 6t guy tine thereafter, ac the Judge may think fit. Every
allowance

of such salary or remuneration, unless made at the bane of his
appointment, or upon
passing an account, shall be made upon application for that purpose by
the official
liquidator, on notice to such Fersons (if any), and supported by such
evidence as the
Judge shall require: nevertheless, the Judge nay from time to time allow
guy sum he
may, think fit to the official liquidator, on account of the salary or
remuneration to be
thereafter allowed. ~.
ORDINANCE No. 30 =oF 1886.

Companies.

20. The accounts of the liquidator shall be left with the Registrar at
the times pawns
accounts.
directed by the order appointing him, and at such other times as may from
time to [Aid, r: 19.1
time be required by the Judge, and such accounts shall, upon notice to
such parties
(if any) as the Judge shall direct, be passed and verified in the same
planner as
receivers' accounts.

Proof of debte.

21. For the purpose of ascertaining the debts and claims due from the
company, Advertiement
for creditors.
and of requiring the creditors to come in and prove their debts or
claims, an advertise- ptd, r. ao.i
went shall be issued, at such time as the Judge shall direct and such
advertisement
shall fix a time for the creditors to send their names and addresses, and
the particulars
of their debts or claims, and the names and addresses of their solicitors
(if any), to
the official liquidator, and appoint a day for adjudicating thereon.

22. The creditors need not attend upon the adjudication, nor prove their
debts Attendance of
creditors.
or claims, unless they are required to do so by notice from the official
liquidator; but [Iba4
r.ai.1

upon such notice being given, they are to come in and prove their debts
or claims
within a time to be therein specified. '

23. The official liquidator shall investigate the debts and claims sent
in to him, 1.1At of debts.
and ascertain, so far as he is able, which of such debts and claims are
justly due from LAW, r. 99.1
the company and he shall make out and leave with the Registrar a list of
all the debts
and -claims sent in to him, distinguishing which of the debts and claims,
or parts of

debts and claims so claimed, are, in his opinion, justly due and proper
to be allowed
without further evidence, and which of them, in his opinion, ought to be
proved by
the creditors and he shall make and file; prior to the time appointed for
adjudication,
an affidavit setting forth which of the debts and claims in his opinion
are justly due
and proper to be allowed without further evidence, and stating his belief
that such
debts and claims are justly due and proper to be allowed, and the reasons
for such
belief.

24. At the time appointed for adjudicating upon the debts and claims, or'
at any Allowance of
adjournment thereof, the Judge may either allow the debts and claims upon
the (ice; r. 2s:1
affidavit of -the official liquidator, or may require the same, or any of
them, to be
proved by the claimants, and adjourn the adjudication thereon to a time
to be then
fixed; and the offi6al liquidator shall give notice to the creditors
whose -debts 'or
claims have been so allowed of such allowance.

25. The official liquidator shall give notice to the creditors whose
debts or claims Proof ofdevta..

[Aid, r. 14.1

)save not been allowed upon his affidavit, that they are required to come
in and prove
the same by a day to be therein named, being not less than four days
after such notice,
and to attend at a time to be therein named, being the time appointed by
the advertise-
ment,. or by adjournment (as the case may be) for adjudicating upon such
debts

and claims.

2O.W
Pate of valuation
of debts.

lateredt on
debts.
OW, r. 26J

ORDINANCE 'No. 30 of 188s.

Companies.

28. The value of such debts and claims as are made admissible to proof by
the
146th section of The Companies Ordinance 1885 shall so far as is
possible, be estimated
according to the value thereof at the date of the order to wind-up the
company.

2'?'. Interest on such debts and claims as shall be allowed shall be
computed, as
to such of them as carry interest, after the rate they respectively
carry; any creditor
whose debt or claim so allowed does not carry interest, shall be entitled
to interest, at
such rate per cent per annum as may from tim* to time be allowed by the
Court or a
Judge under The Usury Ordinance 1886 from the date of the order to
wind-up the
company, out of any assets which may remain after satisfying the costs of
the~winding-
up, the debts and claims established, and the interest of such debts and
claims as by

law carry interest.

Costs of proof 28. Stich creditors as come in and prove their debts or
claims pursuant to notice
UM, r. 37.E
from the official liquidator, shall he allowed their costs of proof, in
the same manner
as in the case of debts proved in a suit.
Registrar's 29, The result of the adjudication upon debts and claims shall
be stated in a
certificate of
debts.~. ~R, certificate to be made by the Registrar and certificates as
to any of such debts and

claims may be made from time to time. All such certificates shall state
whether the
debts or claims are allowed or disallowed, and whether allowed as against
any parti-
cular assets, or an anf other qualified or special manner.

List of contribzctories.

Lief of contri
bntories.

30. The official liquidator shall, with all convenient speed after his
appointment,
or at such time as the Judge shall direct, mane out and leave with the
Registrar, a list
of the contributorivs of the company, and such list shall be verified by
the affidavit of
the official liquidator, and shall, so far as is practicable, state the
respective addresses
of, and the number of shares or extent of interest to be attributed to
each such
contributory,'and distinguish the several classes of contributories. And
such list may

from time to time, by leave of the Judge; be varied or added to by the
official liquidator.

~otloe'oe $1, Upon the list of the contributories being left with the
Registrar the official
appointment
to liquidator shall obtain an appointment for the Judge to settle the
same, and shall give
txna~; r. ~.~
notice in writing of such appointment to every person included in such'
list, and stating
in what character and for what number of shares, or interest, such person
is included
in the list; and in ease any variation or addition to such list shall at
any time be made
by the official liquidator, a similar notice in writing shall be given to
every person to
-whom such variation or addition applies. X111 such notices shall be
served four clear
days before the day appointed to settle such list or such variation or
addition.
-1tegistrar~a, $2. The result of the settlement of the list of
coutributories shall be stated in a
certificate.
Clbid, r, 31.1 certificate by the Registrar and certificates may be made
from time to time for the
purpose of stating the result of such settleuient down to any particular
time, or as to
any particular person, or stating any variation of the list.
ORDINANCE No. 30 OF 1886.

Companies.

Sales of properly.

33. Anv real or personat °property belonging to the comp;i,ny may be sold
with Sales of
the approbation of the Judge, in the same manner as in the case of a sale
under a propert 32.l
decree or order of the Court in a suit, or, if the Judge shall so direct,
by the official
liquidator; and upon any such sale by the official liquidator, the
conditions or contracts
of sale shall be settled and approved of by the Judge, unless he shall
otherwise direct,
and the Judge may, if he thinks fit,, direct such conditions and
contracts, and the
abstract of the title to the property, to be submitted to counsel and
may, on any sale

by public auction, fix- a reserved bidding ; and, unless opaccount of the
small amount

of the purchase moneys or. other cause it shall, having regard to the
amount of the
security given by the official liquidator, be thought proper that the
purchase moneys
shall be paid to him, all conditions and contracts of sale shall provide
that the purchase
moneys shall be paid by the respective purchasers into Court or into such
bank as the
Court may direct to the account of the official liquidator of the company,

Calls.

34. Every application to the Judge to make any call on the contributories
or any summons for
Ball.
of them, for any purpose authorized by The Companies Ordinances 1865 to
1886 shall be uzid, r. 33.1
made by summons, stating the proposed amount of such call; and such
summons shall
be served four clear days at the least before the day appointed for
making the call, on
every contributory proposed to be included in such call; or if the Judge
shall so direct,
notice of such intended call may be given by advertisement.
35. When any order for a call has been made, a copy thereof shall be
forthwith service of
order.
served upon each of the contributories included in such call, together
with a notice abia, r.34.3
from the official liquidator specifying the amount or balance due from
such contributory
(having regard to the provisions of the said Ordinances) in respect of
such call, but
such order need not be advertised unless for any special reason the Judge
shall so

direct.

36. At the time of making an order for a call, the further proceedings
relating Proceeding
under order.
thereto shall be adjourned to a, time subsequent to the day appointed for
the payment tlaid, r. 35.1
thereof, and 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 o£
the call, duly served, and upon proof of the service, of the order and
notice of the
amount due, and non-payment an order 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. -

Payment in of moneys and deposit of securities.

3'7. If any official liquidator shall not pay all the moneys received by
him into
Court or such bank as aforesaid to the accaunt of the official liquidator
of the company,
within seven days next after the receipt thereof, unless the Judge shall
have otherwise

2061

Default of,
payment into
Court or bank.
CAW, r. 36.1
WbMe, as, to
payment

ouri;'or bank:
.CT04 r; 89.1

nan4payna eat'. , .

.did, ~. 401

7.

;. ~txe: of account

of Moneys paid.

ea1bA t, 4t4

:,

ORDINANCE No. 30 OF 1886.

Companies.

directed, such official liquidator shall be charged in his account with
$5 for every $500
and a proportionate sum for any larger amount, retained in his hands
beyQna 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.
Bills, &C., to 38, All bills, notes, and other securities payable to the
companyd or to the official
be deposited in
Court or a bank, liquidator thereof shall, as soon as they shall corns to
the hands of -such official liqui-
friy~a, r. a7a
Bator, be deposited by him in Court or such bank as the Court may direct
for the
purpose of being presented by the Registrar-or by the bank (as the case
may be) for
acceptance and payment, or for payment only, (as the case may be).
-Ca% a~a., to $9, All orders for payment of calls, balances, or other
moneys due from any
be paid into
Court or bank. contributory or other person, shall direct the same to be
paid into Court or such bank
.craaa, r, asa
as the. Court may direct to the account of the official liquidator of
the,cotnpany, unless
on account of the smallness o£ the amount or other cause, it shall,
having regard to
the amount of the security given by the official liquidator, he 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 Court or some bank in
case it
sball be thought proper for the purpose of enabling the official
liquidator to issue
execution or take other proceedings to enforce the payment thereof, or
fox 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. - .
r 44. At the tine of the service of and order for payment into Court or
such bank
as aforesaid the official liquidator shall give to the party served a
notice, for the
` purpose of informing him how the payment is to be made; and before the
time fined
for such paFrraent, the liquidator shall furnish the Registrar or the
cashier of such
bank as aforesaid with a certificate of payment to be signed by the
Registrar or 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
Court ox
`.ixito a bank an affidavit of non=payment by the official liquidator,
shall be sufficient
evidence of the nou-payment thereof.
42. All, moneys, bills, notes, and other securities paid and delivered
into Court
or into, a bank shall be placed to the. credit of the account of the
official liquidator of
thd0company ; and orders for any such payment and delivery shall direct
the same
accordingly.
Delivery out of securities, and payment out and investment of moneys.

cheques Ana 43. All bills, notes, and other securities delivered into
Court or to any such bank
requeata.
~ra'd, r.4z.3 sw aforesaid, shall be delivered out upon a request signed
by the official liquidator, and
oodntersigned by the Registrar and moneys placed to the account of the
-official

,,liquidator shall be paid out upon cheques of orders signed by the
official liquidator and
countersigned by the Registrar.
URDINANGE No. 30 of 1886. , 2063

Companies.

44. All or any part of the money for the time being standing to the
credit of the investment.
account of the official liquidator in Court or at any such bank as
aforesaid and not LlbicB, r, 43.]
immediately required for the purposes of the winding-up, may be invested
as the Court
may direct in the name of the official liquidator. All such investments
shall be made
upon a request signed by the official liquidator, and countersigned by
the Registrar and
which request shall be a sufficient authority for debiting the account
with the purchase
money and the securities share-certificates or other documents
representing such invest-
ments shall be retained by or deposited with the Registrar or such bank
as aforesaid
in the name and on behalf of the official liquidator and such investments
shall not _'
afterwards be sold or transferred or otherwise dealt with except upon a
direction for
that purpose sinned by the official liquidator and countersigned by the
Registrar or
under an order to be made by the Judge.

45. All dividends and interest to accrue due upon and such investments
shall from . Receipt or
dividends.
time to time be received by the Registrar or by such bank as aforesaid
under a power (Aid, r.44.1
of attorney to be executed by the official liquidator and placed to the
credit of the
account of such official liquidator.

Meetings of c~edators or contwbzctories.

46. When the Judge shall direct a meeting of the creditors or
contributories of Notice. '
the company to be summoned under the 88th or 137th section of 1° The
Companies Clrdi- ~Ib~t, x. ~g.~
nonce 1865' the official liquidator shall give notice 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 in which case the object of the
meeting need ,
not be stated, and it shall not be necessary to insert such advertisement
in the Gazette.

47. The votes of'the creditors or contributories of the company at any
meeting, vote.
summoned by the direction of the Judge, may be given either personally,
or by proxy Mid, r. 4(3.3
but no creditor shah appoint a proxy who is not a creditor of the company
whose debt
or claim has been allowed, and no cont4butory shall appoint a proxy, who
is not a
contributory of the company.
48. The direction of the ~ Judge for any meeting of creditors or
contributories ilemoraxi~ as
under the 88th or 137th section of 11 The Companies Ordinance 186 ' and
the appoint-ins calling m~t-

cr3xa, x. ~7..j

meat of a person to act as chairman of any such meeting, shall be
testified by a memo-
randum signed by the Registrar.

Direction or sanction of the Judge.

49. The sanction of the Judge to the drawing, accepting, making and
indorsina
of any bill of exchange or promissory note by any official liquidator
shall be testified
by a memorandum on such bill of exchange, or promissory note, signed by
the Registrar:

Bill of exchan0or promiasory
ORDINANCE .,No. 30 0F1886.

Companies.

110rnnramise. 50. Every application for the sanction of the Judge to a
compromise with any
rlb£a, r. 49.3
contributory or other person indebted to the company 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, signed by the Registrar on the agreement of
compromise
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.

51. The direction, or sanction of the Judge for any other proceeding or
act to be
taken or done by the official liquidator shall be obtained upon summons,
and au order
shall be drawn up thereon, unless the Judge shall otherwise direct. .
Application to the Court or Judge under sections 125, 126, 129, 155 and
156
of the Companies Ordinance 1865.

Application ho.r 52, Every application under the 125th, 126th or 129th
section of ' The Companies
made.
cxntd; r. rxa' Ordinance 186 ' shall be made by petition or inotion,.or if
the Judge shall so direct, by
summons at chambers; and every application under the 155th or 156th
suction of the
said Ordinance shall be made by petition.

DrderF.

nx~'~ri~ n~ : 53, All orders made in chambers shall be drawn up in
chambers, unless specially
` ' orbzar
,r`.a~.~_ `directed to be drawn Lip by the Registrar and shall he entered
in the same manner, as
other orders ,angle in chambers.

' - ' Advertisements.
f
I
'~L' =on of' 54. When an advertisement is required for any purpose except
where otherwise
I - advertisementy. i, '. rxw; r ss.u,- , , directed by these rules, the
advertisement shall be` inserted once in the Gazette, and in
such other newspaper or newspapers, and for such number of times as may
be directed.
The Judge may> in such cases as he shall think fit dispense with any
advertisement
-: required by these rules.

Ad-mission of documents.

Xayce to aemit, 55. Any party to any proceeding in Court or chambers
relating to the windiug-
trdia; r. 5~:a
up of a company may by notice in writing call on any other party thereto
competent to
r -: admit the same, to admit any document saving all just exceptions; and
in case of refusal
or neglect so to admit, the costs of proving such document shall be paid
by the party
~i: so refusing or neglecting unless, the Judge shall be of opinion that
the refusal to admit
was reasonable; and no costs o£ proving any document shall be allowed
unless Such
notice shall have been given, except in cases where the omission to give
such notice.has
'I been, in the opinion of the Registrar on taxatiop, a saving of expense.
ORDINANCE No. 30 of 3 886.

Com panics.

Affidavits.

56. 'Where an order shall have been made for the winding-up of any
company,
any person intending to use any affidavit in any proceeding under such
order, shall file
the same with the Registrar and give notice thereof to the official
liquidator. The person,
other than the official liquidator, filing the affidavit shall not be
required to take an
office copy thereof, but an office copy thereof shall betaken by the
official liquidator,
and he shall produce the same at the hearing of any application or
proceeding upon
which it is intended to be used, unless the Judge shall otherwise direct.

Certificate of .Registrar.

57. The certificate of the Registrar shall be in such form as he clay
deem necessary
and when prepared and settled shall be transcribed in such form and
within such time
as the Registrar shall require, and shall be signed by the Registrar
either then or (if
necessary) at an adjournment to be made for that purpose.

58. Any party may before the proceedings before the Registrar. are
concluded,
take the opinion of the Judge upon any matter arising in the course of
the proceedings
without any fresh summons for that purpose.

2065

Filing and office
copies of
affidavits.
tlbic4 r. 55J

Form of Regis- .
tray's certificate.
it s. a.

(it S. order LV, r. 67
snbstitnted for
Cons. Ord.
XXXV, r. d8.]

Time for taking
opinion of .Judge
before certificate
signed by liim.
'lbid, r. 69.
Note Cons. Ord.
XXXV, r. r. 49 to
51 are not
revived.]

When certificate
becomes binding
application to .
discharge or vary
it. Clbid, r. 7(1.3

59. Every certificate with the accounts (if any) to 1)e filed therewith
shall be filed
by the Registrar and shall thenceforth be binding on all the parties to
the proceedings
unless discharged or, varied upon application by summons to be made
before the expira.
tion of eight clear days after the filing of the certificate.

60. The Judge may if the special circumstances of the case require it
upon an ni,eharge pr
application by motion or summons for the purpose direct a certificate to
be discharged ia'nstoflti a°r
[1 bid, r. 71.]
-or varied at any time after the same has become binding on the parties.

Register and file of proceedings.

61. Notes shall be kept of all proceedings in Chambers by the Judge's
clerk with
proper dates, so that all the proceedings in each matter may appear
consecutively, and
in chronological order with a short statement of the questions or points
decided or
ruled at every hearing and no document or,.proceedings are to be filed
with the Registrar,
unless the Judge shall otherwise direct.
62. All orders, exhibits, admissions, memorandums, and office copies of
affidavits,
examinations, depositions, and certificates, and all other documents
relating to the
winding-up of any company, shall be filed by the official liquidator, as
far as may be,
in one continuous file and such file shall be kept by him or otherwise,
as the Judge
may from time to time direct. Every contributory of the company, and
every creditor
thereof whose debt or claim has been allowed, shall be entitled, at all
reasonable tunes,
to inspect such file free of charge, and, at his own expense, to take
copies or extracts
from any of the documents comprised therein, ox to be furnished with such
copies or
extracts at a rate not exceeding five cents Per folio of seventy-two
words; and such file
:shall be produced in Court, or before thR- Judge, and otherwise, as
occasion may require.

Register of L
proceedings.
(General order
1862, v. 67.
Consolidated
order XXXV, v.
57 as altered by S.
n. c., lass,
(England) Urd.
LY, r. 73.]

Bile of proceed-
ings. (General
order, 1862, r. 58.]
CtRDINAi~'CE No. 30 . OF,: 1886.

Companies.

Provisional official liquidator.

63. All the above rules relating to official liquidators shall, as far as
the same are

c~a~lisa aator' applicable, sad subject to the directions of the Judge in
each case, apply to provisional
official liquidate rs.

Attendance and appearance of parties.

Attendance of 64. Every ,person for the time being, an the list of
contributories of the company
%~ r: 60.1 left with the Registrar by the official liquidator, and every
person having a debt or claim
against the company, allowed by the Judge, shall be at liberty, at his
own expense, to
attend the proceedings before the Judge, and shall be entitled, upon
payment of the
casts occasioned thereby, to have notice of all such proceedings as he
shall by written
request desire to have notice of; but if the Judge shall be of opinion
that the attend-
ance of any such person upon any proceeding has occasioned any additional
costs
which ought nut to be borne by the funds of the company, he may direct
such costs
or a gross sum in lieu thereof, to be paid by such person; and such
person shall not be
entitled to attend any further proceedings until he has paid the same.

65. The Judge may front tinge to time appoint any one or more of the
contribu--
tories, or creditors, as he thinks fit, to represent before him, at the
expense of the
company, all or any, class of the contributories or creditors, upon any
question as to a
compromise with any of the contributories or creditors, or in and about
any other
proceedings before hitx relating to the winding-up of the company, and
may remove
the person or personas so appointed., In case more than one person shall
be so appoint-
ecl, they shall unite in employing the wane solicitor to represent them.
66. No contributory or creditor shall be entitled to attend any
proceedings at the,
Chambers of the Judge, unless and until he or his duly constituted
attorney bas entered
in a book -to be kept by the registrar for that purpose his name and
address, and the
name and address of his solicitor (if any), and upon any change of his
address or of
his.:solxcitor, his .new address, and the name and address of his new
solicitor.

Services of sum7nonms, notices, &c.

67. Services upon contributories and creditors shall be effected (except
-when
personal service is required) by delivering the notice, or a copy of the
summons .or
order or other proceeding at, or by sending the same through the post in
a pre-paid
letter addressed to the solicitor o£ the party to 'be served (if any) or
otherwise to the
party himself at the address entered or last entered pursuant to the
preceding rule;,
or if no such entry has, been made, then, if a contributory, at or to his
last known
a,didress or- place of abode; and if a creditor, at or to the address
given by him,
pqrsuant to the foregoing rule 21; and the delivery and.the time of the
delivery of
such notice, or copy, summons, order, or ether proceeding may be proved
by the
affidavit of the party delivering the same and if such notice or copy,
summons,-
N0. 30 (?F 1 896.

Companies.

order or other proceeding be sent through the post as aforesaid it shall
be considered
as served at the time, the same ought to be delivered in the due course
of delivery by
the Post Office, and notwithstanding the same may be returned by the Post
Office.

6$. No service under these rules shall be deemed invalid by reason that
the Name of person
incomplete.
Christian name or i»line otter than the surname or any of the Christian
names or other [1bid, r. 64J
names~aforesaid of the person on whom service is sought to be made, has
been omitted
or designated by initial letters, in the list of contributories, or in
the summons, order,
notice, or other document wherein the name of such contributory or
creditor is con-
tained, provided the Judge is satisfied that such service is in other
respects sufficient. -

69. Upon the termination of the proceedings in Chambers for the
winding-up of Proceedings on .
termination.
any company, a balance-sheet shrtll be brought in by the official
liquidator of his [Aid, r. sa.)
receipts rind payments, and verified by his affidavit; and the official
liquidator shall
pass his final ace,,unt, and i.he balance (if any) due theredn shall be
certified. And
upon payment of such balance in such manner as the Court or Judge shall
direct, the
recognizance entered into by the official liquidator and his sureties may
be vacated..

70. When the official liquidator has passed his final account, and the
balance (if
any) certified to be due thereon has been paid in such manner as the
Judge shall
direct, a certificate shall be made by the Registrar that the affairs of
the company have
been completely wound up; and in case the company has not been already
dissolved,
the official liquidator shall, immediately after such certificate has
become binding,
apply to the Judge for an order that the company be dissolved from the
date of such
order.

71. When the proceedings for winding-up any company have been completed,
Deposit of ales
proceedings:
the file of proceedings and the book containing the official liquidator's
account, shall Lz°114-6'.1
be deposited with the Registrar.

Dissolution of
company.
[l6ict, r. 88.1

Duties of solicitor of official liquidator.

'72, The solicitor of the official liquidator shall conduct all such
proceedings as
are ordinarily, conducted by solicitors of the Court; and where the
attendance of his
solicitor is required on any proceeding in Court or Chambers, the
official liquidator
need not attend in person,, except in cases where his presence is
necessary in addition
to that of his solicitor, or the Judge shall direct him to attend.

Petition to reduce capita.

73. Every, petition for an order confirming a special resolution for
reducing the
capital of a company, and all notices, affidavits, and other proceedings
under such
petition, shall be intitaled in the matter of The Com pcenies Ordinances
1877 and 1886 and of the company in question.

Duties of
solicitor.
[IGid, r.-78.3

Title of petition
to reduce capital:
[Genexaiorder
March, 1568, r. 2.1
CertfBcate before
petition placed
in ust.
Mid, r. 3.]

Proceedin6safter petition
resented.

T

'bicl, r. 4.]

Advertisement
of_petition. '

Affidavit as
to creditors.
[Ibid, r, 8.]

Contents of
affidavit. - .
Ubid, r. 7.1

Inspection of -
list of creditors.

Notice to
creditors:
[jbfd, r. 8.]

ORDINANCE No. 30 of I886.

Companies.

74. No such petition, as mentioned in the proceeding rule, shall be
placed in the
bearing list until after the expiration of eight clear days from the
filing of such
certificate as is hereinafter mentioned in the 8th rule.

'?'5. -When any such petition as last aforesaid has been presented,
application
may be made, ex pane by summons in Chambers, to the Judge for directions
as to
the proceedings to be taken for settling the list of creditors entitled
to object to the
proposed reduction and the Judge may thereupon fix the gate with
reference to which
the list of such creditors is to be made out, pursuant to the 12th
section of The Com.
panics Ordinance 1877 and may, either at the wine time or afterwards, as
he shall think
fit, give such directions as are hereinafter mentioned in the 76th and
77th rules.

'l6. Notice o£ the presentation of the petition shall he published at
such times, and
in such newspapers as the Judge shall direct, so- that the first
insertion of such notice
be made not less than one calendar-month before the day of the date fixed
as herein-
liefore mentioned in the 75th rule.

'?'?'. The company shall, within such time as the Judge shall direct,
file with the
Registrar an affidavit made by some officer or officers of the company
competent to
make the same, verifying a list containing the nauaes and addresses of
the creditors of
the company at the date fixed as hereinbefore mentioned in the 7th rule
and the
amounts due to their respectively.

78, The person making such affidavit shall state therein his belief that
such list
is correct, and that there was not at the date so fixed as aforesaid any
debt, or claim
which, if thatsdate were the commencement of the winding up of the
company would
be admissible in proof against the company, except the debts set forth in
such list, and
shall state his means of knowledge of the matters deposed to in such
affidavit.

79. Copies of such list containing the names and addresses of the
creditors, and
the total amount due to them, but omitting the amounts due to them,
respectively or
(as the Judge shall think fit) complete copies of such list, shall be
kept at the registered
office of the company and at the offices of their solicitors and agents
(if any) in the
Coloziy and any person desirous of inspecting the same may at any time
during the
ordinary hours of business, inspect and take eztracts from the same on
payment of the
sum of fifty cents. ,

60. The company shall, within seven days after the filing of such
affidavit, or
such further time as the Judge may allow, send to each creditor whose
name is entered
in the said list, a notice stating the amount of the proposed reduction
of capital, and
the amount of the debt for which such creditor is entered in the said
list and the tune
(such time to be fixed by the Judge) within which if he claims to be a
creditor for a
danger amount, he must send in his name and address, and the particulars
of his debt,
or-claim, and the name and address of his solicitor (if any) to the
solicitor of the
company; and such notice may be delivered ''oy hand or sent through the
post in ar
prepaid letter addressed to each creditor at his list known address or
place of abode.
ORDINASCE No. 30 0F 1886.

Companies.

81. Notice of the list of creditors shall, after the filing of the
affidavit mentioned
in the 77th rule be published at such times, and in such newspapers, as
the Judge shall
direct. Every such notice shall state the amount of the proposed
reduction of capital,
and the places where the aforesaid list of creditors may be inspected and
the time
within which creditors of the company who are not entered on the said
list, and are
desirous of being entered therein, must send in their names and
addresses, and the
particulars of their debts or claims, and the names and addresses of
their solicitors (if
any) to the solicitor of the company.

$2. The company shall, within such time as the Judge shall direct, file,
with the
Registrar an affidavit made by the person to whom the particulars 'of
debts or claims
are, by such notices as are hereinbefore mentioned in the 80th a,nd 81st
rules required
to be sent in stating the result of such notices respectively, and
verifying a list contain-
ing the names and addresses of the persons (if any) who shall have sent
in the parti-
culars of their debts or claims in pursuance of such notices respectively
and the amounts
of such debts or claims and some competent officer or officers of the
company shall
join in such affidavit, and shall in such list distinguish which (if any)
of such debts and
claims are wholly, or as to any and what part thereof admitted by the
company, and
which (if guy) of such debts and claims are wholly, or as to any. and
what part thereof,
disputed by the company.

83. If any debt or claim, the particulars of which are so sent in, shall
not be proceedings
where claim
admitted by the company rat its full amount, then and in every such ease,
unless the not admitted.
company are willing to set apart and appropriate in such manner as, the
Judge shall
direct the full amount of such debt or claim, the company shall, if the
Judge thinks
fit so to direct, send to the creditor, a notice that he is required,to
come in avid prove
such debt or claim, or such part thereof as is not admitted by the
company, by a day
to bu therein named being not less than four clear days after such notice
and being
the time appOlntejd 1)y the Judge for adjudicating upon such debts and
clai'lris, and
such notice shall be sent in the manner horei:lbefore mentioned in the
80th rule.

84.~ Such creditors as come in to prove their debts or claims in
pursuance of any costs of proot.
r.
such notice as is hereinbefore mentioned in the 83rd rule shall be
allowed their costs [lbid, 13.]
of proof against the company, and be answerable for costs, in the same
manner as in
the case of persons coming in to prove debts under a judgment or decree
in a suit.

85. The result of the settlement of the list of creditors shall be stated
in a
certificate by the Registrar and such certificate shall state what debts
or claims (if any)
have been disallowed, and shall distinguish the debts or claims the full
amount of
which the company are wilting to `set apart and appropriate, and the
debts or claims
(if any) the amount of which has been fired by inquiry and adjudication
in manner
provided by section 73 of ' The Companies Ordinance 1877 ' and the debts
or claims
(if any) the full amount of which is not admitted by the company, nor
such as the
company are willing to set apart and appropriate, and the amount of which
has not
been fixed by inquiry and adjudication as aforesaid and shall shew which
of the

Advertisement
as to list of
creditors.
[Ibid, r.10.)

Affidavit as to

result of roles
?8 and $0.
[D4 n 11.3

t' t ar's
It'is,ac.te

as
to creditors.
[lbid, r.14.]
ORDINANCE No. 30 0F 156.

Companies.

creditors have consented in writing to the proposed reduction, and the
total amount
of the debts due to them, and the total amount of the debts or claims the
payment of
which has been secured in manner provided by the s;r,id 13th section and
the persons
to or by whom the same are due or claimed; but it shall not be necessary
to spew in
such certificate the several amounts of the debts or claims of any
persons who have
consented in writing to the proposed reduction or the payment of whose
debts or
claims has been secured as aforesaid.

Plscipg petition $g, After the expiration of eight clear days from the
filing of such last-mentioned
in list.:
certificate, the petition may be placed in the hearing list aeon a note
from the
Registrar to tire Judge's clerk stating that the certificate has been
filed -and become
binding.
aa;~ertisement $7. Before the hearing of the petition, notices stating
tbf~ day on which the same
is appointed to be heard stall be published at such times and in such
newspapers as
the Judge shall direct.
$8. Any creditor settled on the said list whose debt or claim has not,
before the
hearing of the petition, been discharged or determined, or been secured
in manner
provided by the 13th section of 'The Companies Ordinance 1877' and who
has not
before tire hearir g signed a consent to the proposed reduction i of
capital, may if he
thinks fit, upon giving two clear days' notice to the solicitor of the
company of his
intention so to do, appear at the hearing,of the petition and oppose the
application.

of sppear 89 Where a creditor who appears at the fearing under the last
preceding rule is
ands, a .

u~a'.=. e~ a creditor the full amount of whose debt or claim is not
admitted by the company, and

the validity of such debt or claim has not been inquired into wed
adjudicated upon
under section 13th of ' The Companies Ordinance 1877' the costs of and
occasioned
by his lappearance shall be dealt with as to the Court shall seem just,
but in all other
cases a creditor appearing under the last preceding rule shall be
entitled. to the costs
-o£ such appearance, unless the Court shall be of opinion that in the
circumstances of
the particular case his costs ought not be allowed.

90. When the petition comes on to be heard, the Court may, if it shall so
drink
fit, give such direction's as may, seem proper with reference to the
securing in manner
mentioned in section 13th o£ ' The Companies Ordinance 1877 ' the payment
of the
debts or claims of.any creditors who do` not consent to the proposed
reduction; and
the further' bearing of the petition may, if the Court shall think fit,
be adjourned for
the purpose of allowing any steps to be taken with reference to the
securing in riianner
aforesaid the payment of such delfts or claims.

91. Where the Court makes an order confirming a reduction, such order
shall

've'directions in what manner and in what newspapers, and at what times,
notice of
he~registratiop of the order and of such minute as mentioned in the .l4th
sec,oon of

;.'The Companies Ordinance 1887 ' is to be published ; and shall fig the
date until. which
the words -and reduced- are to be deemed part -of the name of the company
as mentioned

in: xhe 10th section of the said Ordinance.~;
ORDINANCE No. 30 of 1880.

Companies.

Forms.

92. The forms in use in England as prescribed by the General Orders of
November Forms.
(General order>
1862 and March 1868 in relation to joint stock companies or any
subsequent order or186-1, r. 69.1
rules of Court in England may so far as circumstances of each case may
require, be
used for the purposes of 'The Companies Ordinances 1865 to 1886' and of
these
rules.

Fees:

93. Solicitors shall be entitled to charge, and be allowed the fees set
forth and so11cltora fees.
CXUd, r. 70.j
referred to in the first schedule hereto, unless the Court or Judge shall
otherwise
especially direct.

9¢. The fees of Court set forth and referred to in the :second schedule
hereto, Court fees.
crNA r. 71.1
shall be paid in relation to proceedings in the Court under ' The
Companies Ordinances
1865 to 1886 ' and shall be collected by means of stamps.

Taxation of costs.

95. Where an order is made in Court or Chambers for payment of any costs,
the Taxation of.
costs.
order shall direct the taxation thereof by the Registrar except on
interlocutory applica. (Aid, r. 72,1
Lions in cases where the Court deems it proper to direct or award a gross
sum in lieu
of taxed costs to be paid by any party to any other party. '

Power of Judge,

96. The Court and a Judge sitting in Chambers, shall have power to
enlarge, or General power or
Jud
12

.abridge the tile in these rules prescribed, for doing any act, or taxing
any proceeding C ,ifs,. 7$1 ,
to adjourn, or review atiy proceeding and to give any direction as to the
course of
proceeding, and in particular such power shall be had arid exercised when
any creditor [new]

contributory or other person upon or to whom any petition summons notice
or other
document is required to be served, sent, delivered or given or by whom
any act is
required to be done, is not resident or has no known representative or
attorney within
the Colony.

General:

97. The general practice of the Court including the course of proceeding
and
practice of the Judges' Chambers, shall, in cases not provided for by '
The Companies General practice
Ordinances 18655 to 1886 ' or these rules, and so far as the same are
applicable, and not
inconsistent with the said Ordinances or these rules, apply to all
proceedings for

winding-up a company.

98. Notwithstanding any thing in the Hongkong Code of Civil cedars to the
Time for appeal;

(It. S. C. Lngland
eon trary the time for appealing to the Full Court as thereby defined
from any order or _ ors. ss, r. r. a, ;

ls.l
decision of any Judge--sitting alone either in Court car Chambers in the
matter of the
winding-up of a comp any under the provisions of 'The Companies
Ordinances 186 to
ORDINANCE No. 30 of 1886.

Companies.

1886' or any 'Ordinance amending the same and of these rules shall except
by special
leave Df the Court or Judge be limited to twenty-one days. Such period
shall be
calculated in the case of an appeal from an order in Chambers from the
time when
such order or decision was pronounced or when the appellant first had
notice thereof,.
and in all other cases from the time at which the judgment or order is
signed entered
or otherwise perfected or in the case of the refusal of an application
from the date of
such refusal.

¢.° THE FIRST SCHEDULE.

Fees and charges to be allowed solicitors.
For preparing and drawing up every order made at Chambers and at the
Registrar's office to get the same entered, 3.00
For engrossing every, order in addition to the above per folio, .10
For other duties performed according to any scale of fees and charges or
the
. practice of the Supreme Court for the time being in force

s THE SECOND SCHEDULE.

Court Fees in Judges Chambers.

For every summons, . .75
For every order drawn up by the Judges clerk : 1.50-
For every advertisement, , 5.00
For every certificate, ................................. 1.50
For every oath, affirmation, declaration, or attestation upon honor,
... .50~

u
By the Begistrar.

` For every order made in Court, : . 5.0U
^vo., Do., in Chambers, ......................... 1.50
For every office copy of an order, ........................ ...... 1.50
Upon the presentation of every petition, .......... ................... 5.00

By the Begistrar as taxing master.

For every sumnnons but not more than one summons is to be issued on one
bill or set of bills unless the Reg istrar shall think it necessary to
issue a
fresh summons, , , ..................
On signing every report and certificate, ...
'Up -on the taxon of every bill of costs as taxed where the amount shall
not
exceed X100, , ..............
Upon every additional ,100 or fractional pan thereof a further fee of,:
........
For -every oath, affirmation declaration or attestation .upon
honour,............

2.50
2..50x
.50l-
2049
[See Ordinances No. 1 of 1865, Nos. 2 & 3 of 1886, No. 1 of 1877, No. 14 of 1881, No. 3 of 1883 and No. 25 of 1890.]
Short title and construction.
Where compromise proposed, Court may order a meeting of creditors, &c., to decide as to such compromise.
[33 & 34 V. c. 104, s. 2.]
Interpretation.
[Ibid. s. 3.]
2050
Construction of capital;
Power to reduce capital;
[40 and 41. V. c. 26, s. 3.]
Application of Ordinance No. 1 of 1877, [Ibid. s. 4.]
2051
Power to reduce capital by the cancelling of unissued shares.
[Ibid. s. 5.]
Accumulated profits may be returned to shareholders in reduction of paid-up capital.
[43 V. c. 19 s. 3.]
No resolution to take effect till particulars have been registered.
[43 V. c. 19 s. 4.]
Power to any shareholder within one month after passing of resolution to require company to retain moneys paid upon shares held by such person.
[43 V. c. 19, s. 5.]
2052
Company to specify amounts which shareholders have required them to retain under s. 10 ; * also to specify amounts of profits returned to shareholders.
[43 V. c. 19 s. 6.]
[*9]
Power to Registrar to strike names of defunct companies off register.
[43 V. c. 19, s. 7.]
2053
2054
Judicature Act 1873 sec. 10.
Wages and salary to be preferential claims.
[46 & 47 V. c. 28, s. 4.]
2055
Such claims to rank equally.
[46 & 47 V. c. 28, s. 5.]
Liquidator to discharge same upon receipt of sufficient assets.
[46 & 47 V. c. 28, s. 6.]
Reception as legal evidence of certified copies.
[40 & 41 V. c. 26, s. 6.]
Rules.
2056
Construction.
Title of petition.
[General orders (England) Nov., 1862, rule 1.]
Advertisement of petition.
[Ibid, r. 2.]
Service of petition.
[Ibid, r. 3.]
Affidavit verifying petition.
[Ibid, r. 4.]
Copies of petition to be supplied.
[Ibid, r. 5.]
2057
Advertisement and service of order.
[Ibid, r. 6.]
Proceedings on order.
[Ibid, r. 7.]
Appointment of official liquidator.
[Ibid, r. 8.]
Advertisement as to appointment.
[Ibid, r. 9.]
Security of official liquidator.
[Ibid, r. 10.]
Order appointing official liquidator.
[Ibid, r. 11.]
2058
Certificate if security given.
[Ibid, r. 12.]
Fresh security when required.
[Ibid, r. 13.]
Advertisement of appointment made.
[Ibid, r. 14.]
Provisional official liquidator.
[Ibid, r. 15.]
Vacancy in office of official liquidator.
[Ibid, r. 16.]
Accounts.
[Ibid, r. 17.]
Remuneration of liquidator.
[Ibid, r. 18.]
2059
Passing accounts.
[Ibid, r. 19.]
Advertisement for creditors.
[Ibid, r. 20.]
Attendance of creditors.
[Ibid, r. 21.]
List of debts.
[Ibid, r. 22.]
Allowance of debts.
[Ibid, r. 23.]
Proof of debts.
[Ibid, r. 24.]
2060
Date of valuation of debts.
[Ibid, r. 23.]
Interest on debts.
[Ibid, r. 26.]
Costs of proof.
[Ibid, r. 27.]
Registrar's certificate of debts.
[Ibid, r. 28.]
List of contributories.
[Ibid, r. 29.]
Notice of appointment to settle.
[Ibid, r. 30.]
Registrar's certificate.
[Ibid, r. 31.]
2061
Sales of property.
[Ibid, r. 32.]
Summons for call.
[Ibid, r. 33.]
Service of order.
[Ibid, r. 34.]
Proceedings under order.
[Ibid, r. 35.]
Default of payment into Court or bank.
[Ibid, r. 36.]
2062
Bills &c., to be deposited in Court or a bank.
[Ibid, r. 37.]
Call, &c., to be paid into Court or bank.
[Ibid, r. 38.]
Notice as to payment into Court or banks.
[Ibid, r. 39.]
Affidavit of non-payment.
[Ibid, r. 40.]
Title of account of moneys paid in.
[Ibid, r. 41.]
Cheques and requests.
[Ibid, r. 42.]
2063
Investment.
[Ibid, r. 43.]
Receipt of dividends.
[Ibid, r. 44.]
Notice.
[Ibid, r. 45.]
Votes.
[Ibid, r. 46.]
Memorandum as to calling meeting.
[Ibid, r. 47.]
Bill of exchange or promissory note.
[Ibid, r. 48.]
2046
Compromise.
[Ibid, r. 49.]
Other cases.
[Ibid, r. 50.]
Application how made.
[Ibid, r. 51.]
Drawing up orders.
[Ibid, r. 52.]
Insertion of advertisements.
[Ibid, r. 53.]
Notice to admit.
[Ibid, r. 54.]
2065
Filling and office copies of affidavits.
[Ibid, r. 55.]
Form of Registrar's certificate.
[R. S. C. (England), 1883 order LV, r. 67 substituted for Cons. Ord. XXXV, r. 48.]
Time for taking opinion of Judge before certificate signed by him.
[Ibid, r. 69. Note Cons. Ord. XXXV, r. r. 49 to 51 are not revived.]
When certificate becomes binding application to discharge or vary it.
[Ibid, r. 70.]
Discharge or variation after lapse of time.
[Ibid, r. 71.]
Register of proceedings.
[General order 1862, v. 57. Consolidated order XXXV, v. 57 as altered by S. R. C., 1883, (England) ord. LV, r. 73.]
File of proceedings. [General order, 1862, r. 58.]
2066
Provisional official liquidator.
[Ibid, r. 59.]
Attendance of parties.
[Ibid, r. 60.]
Appointment of representative party.
[Ibid, r. 61.]
Particulars to be given before attendance.
[Ibid, r. 62.]
Service how effected.
[Ibid, r. 63.]
2067
Name of person incomplete.
[Ibid, r. 64.]
Proceedings on termination.
[Ibid, r. 65.]
Dissolution of company.
[Ibid, r. 66.]
Deposit of filed proceedings.
[Ibid, r. 67.]
Duties of solicitor.
[Ibid, r. 73.]
Title of petition to reduce capital.
[General order March, 1868, r. 2.]
2068
Certificate before petition placed in list.
[Ibid, r. 3.]
Proceedings after petition presented.
[Ibid, r. 4.]
Advertisement of petition.
[Ibid, r. 5.]
Affidavit as to creditors.
[Ibid, r. 6.]
Contents of affidavit.
[Ibid, r. 7.]
Inspection of list of creditors.
[Ibid, r. 8.]
Notice to creditors.
[Ibid, r. 9.]
2069
Advertisement as to list of creditors.
[Ibid, r. 10.]
Affidavit as to result of rules 79 and 80.
[Ibid, r. 11.]
Proceedings where claim not admitted.
[Ibid, r. 12.]
Costs of proof.
[Ibid, r. 13.]
Registrar's certificate as to creditors.
[Ibid, r. 14.]
2070
Placing petition in list.
[Ibid, r. 15.]
Advertisement of hearing.
[Ibid, r. 16.]
Who may appear.
[Ibid, r. 17.]
Costs of appearance.
[Ibid, r. 18.]
Direction at the hearing.
[Ibid, r. 19.]
Order confirming reduction.
[Ibid, r. 20.]
[*1877]
2071
Forms.
[General order, 1862, r. 69.]
Solicitor's fees.
[Ibid, r. 70.]
Court fees.
[Ibid, r. 71.]
Taxation of costs.
[Ibid, r. 72.]
General power of Judge.
[Ibid, r. 73.]
[new]
General practice to apply.
[Ibid, r. 74.]
Time for appeal.
[R. S. C England Ord. 58, r. r. 9, 15.]
2072

2049
[See Ordinances No. 1 of 1865, Nos. 2 & 3 of 1886, No. 1 of 1877, No. 14 of 1881, No. 3 of 1883 and No. 25 of 1890.]
Short title and construction.
Where compromise proposed, Court may order a meeting of creditors, &c., to decide as to such compromise.
[33 & 34 V. c. 104, s. 2.]
Interpretation.
[Ibid. s. 3.]
2050
Construction of capital;
Power to reduce capital;
[40 and 41. V. c. 26, s. 3.]
Application of Ordinance No. 1 of 1877, [Ibid. s. 4.]
2051
Power to reduce capital by the cancelling of unissued shares.
[Ibid. s. 5.]
Accumulated profits may be returned to shareholders in reduction of paid-up capital.
[43 V. c. 19 s. 3.]
No resolution to take effect till particulars have been registered.
[43 V. c. 19 s. 4.]
Power to any shareholder within one month after passing of resolution to require company to retain moneys paid upon shares held by such person.
[43 V. c. 19, s. 5.]
2052
Company to specify amounts which shareholders have required them to retain under s. 10 ; * also to specify amounts of profits returned to shareholders.
[43 V. c. 19 s. 6.]
[*9]
Power to Registrar to strike names of defunct companies off register.
[43 V. c. 19, s. 7.]
2053
2054
Judicature Act 1873 sec. 10.
Wages and salary to be preferential claims.
[46 & 47 V. c. 28, s. 4.]
2055
Such claims to rank equally.
[46 & 47 V. c. 28, s. 5.]
Liquidator to discharge same upon receipt of sufficient assets.
[46 & 47 V. c. 28, s. 6.]
Reception as legal evidence of certified copies.
[40 & 41 V. c. 26, s. 6.]
Rules.
2056
Construction.
Title of petition.
[General orders (England) Nov., 1862, rule 1.]
Advertisement of petition.
[Ibid, r. 2.]
Service of petition.
[Ibid, r. 3.]
Affidavit verifying petition.
[Ibid, r. 4.]
Copies of petition to be supplied.
[Ibid, r. 5.]
2057
Advertisement and service of order.
[Ibid, r. 6.]
Proceedings on order.
[Ibid, r. 7.]
Appointment of official liquidator.
[Ibid, r. 8.]
Advertisement as to appointment.
[Ibid, r. 9.]
Security of official liquidator.
[Ibid, r. 10.]
Order appointing official liquidator.
[Ibid, r. 11.]
2058
Certificate if security given.
[Ibid, r. 12.]
Fresh security when required.
[Ibid, r. 13.]
Advertisement of appointment made.
[Ibid, r. 14.]
Provisional official liquidator.
[Ibid, r. 15.]
Vacancy in office of official liquidator.
[Ibid, r. 16.]
Accounts.
[Ibid, r. 17.]
Remuneration of liquidator.
[Ibid, r. 18.]
2059
Passing accounts.
[Ibid, r. 19.]
Advertisement for creditors.
[Ibid, r. 20.]
Attendance of creditors.
[Ibid, r. 21.]
List of debts.
[Ibid, r. 22.]
Allowance of debts.
[Ibid, r. 23.]
Proof of debts.
[Ibid, r. 24.]
2060
Date of valuation of debts.
[Ibid, r. 23.]
Interest on debts.
[Ibid, r. 26.]
Costs of proof.
[Ibid, r. 27.]
Registrar's certificate of debts.
[Ibid, r. 28.]
List of contributories.
[Ibid, r. 29.]
Notice of appointment to settle.
[Ibid, r. 30.]
Registrar's certificate.
[Ibid, r. 31.]
2061
Sales of property.
[Ibid, r. 32.]
Summons for call.
[Ibid, r. 33.]
Service of order.
[Ibid, r. 34.]
Proceedings under order.
[Ibid, r. 35.]
Default of payment into Court or bank.
[Ibid, r. 36.]
2062
Bills &c., to be deposited in Court or a bank.
[Ibid, r. 37.]
Call, &c., to be paid into Court or bank.
[Ibid, r. 38.]
Notice as to payment into Court or banks.
[Ibid, r. 39.]
Affidavit of non-payment.
[Ibid, r. 40.]
Title of account of moneys paid in.
[Ibid, r. 41.]
Cheques and requests.
[Ibid, r. 42.]
2063
Investment.
[Ibid, r. 43.]
Receipt of dividends.
[Ibid, r. 44.]
Notice.
[Ibid, r. 45.]
Votes.
[Ibid, r. 46.]
Memorandum as to calling meeting.
[Ibid, r. 47.]
Bill of exchange or promissory note.
[Ibid, r. 48.]
2046
Compromise.
[Ibid, r. 49.]
Other cases.
[Ibid, r. 50.]
Application how made.
[Ibid, r. 51.]
Drawing up orders.
[Ibid, r. 52.]
Insertion of advertisements.
[Ibid, r. 53.]
Notice to admit.
[Ibid, r. 54.]
2065
Filling and office copies of affidavits.
[Ibid, r. 55.]
Form of Registrar's certificate.
[R. S. C. (England), 1883 order LV, r. 67 substituted for Cons. Ord. XXXV, r. 48.]
Time for taking opinion of Judge before certificate signed by him.
[Ibid, r. 69. Note Cons. Ord. XXXV, r. r. 49 to 51 are not revived.]
When certificate becomes binding application to discharge or vary it.
[Ibid, r. 70.]
Discharge or variation after lapse of time.
[Ibid, r. 71.]
Register of proceedings.
[General order 1862, v. 57. Consolidated order XXXV, v. 57 as altered by S. R. C., 1883, (England) ord. LV, r. 73.]
File of proceedings. [General order, 1862, r. 58.]
2066
Provisional official liquidator.
[Ibid, r. 59.]
Attendance of parties.
[Ibid, r. 60.]
Appointment of representative party.
[Ibid, r. 61.]
Particulars to be given before attendance.
[Ibid, r. 62.]
Service how effected.
[Ibid, r. 63.]
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Name of person incomplete.
[Ibid, r. 64.]
Proceedings on termination.
[Ibid, r. 65.]
Dissolution of company.
[Ibid, r. 66.]
Deposit of filed proceedings.
[Ibid, r. 67.]
Duties of solicitor.
[Ibid, r. 73.]
Title of petition to reduce capital.
[General order March, 1868, r. 2.]
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Certificate before petition placed in list.
[Ibid, r. 3.]
Proceedings after petition presented.
[Ibid, r. 4.]
Advertisement of petition.
[Ibid, r. 5.]
Affidavit as to creditors.
[Ibid, r. 6.]
Contents of affidavit.
[Ibid, r. 7.]
Inspection of list of creditors.
[Ibid, r. 8.]
Notice to creditors.
[Ibid, r. 9.]
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Advertisement as to list of creditors.
[Ibid, r. 10.]
Affidavit as to result of rules 79 and 80.
[Ibid, r. 11.]
Proceedings where claim not admitted.
[Ibid, r. 12.]
Costs of proof.
[Ibid, r. 13.]
Registrar's certificate as to creditors.
[Ibid, r. 14.]
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Placing petition in list.
[Ibid, r. 15.]
Advertisement of hearing.
[Ibid, r. 16.]
Who may appear.
[Ibid, r. 17.]
Costs of appearance.
[Ibid, r. 18.]
Direction at the hearing.
[Ibid, r. 19.]
Order confirming reduction.
[Ibid, r. 20.]
[*1877]
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Forms.
[General order, 1862, r. 69.]
Solicitor's fees.
[Ibid, r. 70.]
Court fees.
[Ibid, r. 71.]
Taxation of costs.
[Ibid, r. 72.]
General power of Judge.
[Ibid, r. 73.]
[new]
General practice to apply.
[Ibid, r. 74.]
Time for appeal.
[R. S. C England Ord. 58, r. r. 9, 15.]
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https://oelawhk.lib.hku.hk/items/show/517

1890

v4

No. 30 of 1886

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