THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
78. An affidavit proving a debt may be made by the Verification creditor himself or by some person authorised by or on of proof. behalf of the creditor. If made by a person so authorised,
it shall state his authority and means of knowledge.
79. Au affidavit proving a debt shall contain or refer to Contents of a statement of accouut showing the particulars of the debt, proof.
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and shall specify the vouchers, if any, by which the same Form 59. can be substantiated. The Official Receiver or Liquidator to whom the proof is sent may at any time call for the production of the vouchers.
80. An affidavit proving a debt shall state whether the Statement ereditor is or is not a secured creditor.
of security.
81. An affidavit proving a debt may in a winding-up by Proof before the Court be sworn before the Official Receiver, or a Deputy whom sworn. Official Receiver, or before any Commissioner of Oaths.
82. A creditor shall bear the cost of proving his debt Costs of unless the Court otherwise orders.
proof.
83. A creditor proving his debt shall deduct therefrom Discount. all trade discounts, but he shall not be compelled to deduct any discount, not exceeding five per centum on the net amonut of his claim, which he may have agreed to allow for payment in cash.
84. When any rent or other payment falls due at stated Periodical periods, and the order or resolution to wind-up is made at payments. any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportion- ate part thereof up to the date of the winding-up order or resolution as if the rent or payment grew due from day to day. Provided that where the Liquidator remains in occupation of premises demised to a Company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the Company, or the Liquidator, of rent during the period of the Company's or the Liquidator's occupation.
85. On any debt or sum certain, payable at a certain Interest. time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the winding-up order or resolution, the creditor may prove for interest at a rate not exceeding eight per centum per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment.
time.
86. A creditor may prove for a debt not payable at the Proof for date of the winding-up order or resolution, as if it were debt payable payable presently, and may receive dividends equally with at a future the other creditors, deducting only thereout a rebate of interest at the rate of eight per centuin per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted.
87. In any case in which it appears that there are Workmen's numerous claims for wages by workmen and others employed wages. by the Company, it shall be sufficient if one proof for all Form 60. such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have aunexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in com- pliance with this Rule shall have the same effect as if separate proofs had been made by each of the said work- men and others.
and
88. Where a creditor seeks to prove in respect of a bill Production of exchange, promissory note, or other negotiable instru- of bills of ment or security on which the Company is liable, such bill exchange of exchange, note, instrument, or security must, subject to promissory any special order of the Court made to the contrary, be notes. produced to the Official Receiver, Chairman of a meeting or Liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose.
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