A.D. 1865.]
COMPANIES.
[No. 1.
137
Court or bank. General Or- ders, 1862, contributory or other person shall direct the same to be paid into Court or such call, etc., into bank as the Court may direct, to the account of the official liquidator of the company, unless, on account of the smallness of the amount or other cause, it is, having regard to the amount of the security given by the official liquidator, 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 is thought proper for the purpose of enabling the official liquidator to issue execution or take other proceedings to enforce the payment thereof, or for 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.
Notice as to payment into Court or bank. 40. At the time of the service of any 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 fixed for such payment the official 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 or into a bank an affidavit of non-payment by the official liquidator shall be sufficient evidence of the non-payment thereof.
Affidavit of non-payment. 1.r. 40.
count of moneys paid in. 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 the company; and orders for any such payment and delivery shall direct the same accordingly.
Delivery out of Securities and Payment out and Investment of Moneys. 43.—(1.) All bills, notes, and other securities delivered into Court or to any such bank as aforesaid shall be delivered out on a request signed by the official liquidator and countersigned by the Registrar.
(2.) Moneys placed to the account of the official liquidator shall be paid on cheques or orders signed by the official liquidator and countersigned by the Registrar.
2b. r.41. Requests and cheques. 7b. r. 42.
44.—(1.) All or any part of the money for the time being standing to the credit of the account of the official liquidator in Court or at any such bank as aforesaid, and not immediately required for the purposes of the winding-up, may be invested as the Court may direct in the name of the official liquidator.
(2.) All such investments shall be made on a request signed by the official liquidator and countersigned by the Registrar, and such request shall be a sufficient authority for debiting the account with the purchase money, and the securities, share-certificates, or other documents representing such investments shall be retained by or deposited with the Registrar or such bank as aforesaid.