882
[ 30 OF 1886. ] COMPANIES .
Affidavit verify .
ing petition .
5. Every petition for the winding- up of any company by the Court, or
[ Ibid. r. 4.) subject to the supervision of the Court, shall be verified by an affidavit
referring thereto , such affidavit 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 sufficient primâ facie evidence of the statements
in the petition .
Copies of petition
to be supplied. 6. Every contributory or creditor of the company shall be entitled to be
[ Ibid. r. 5.) furnished by the solicitor to the petitioner, with a copy of the petition, within
twenty - four hours after requiring the same on paying at the rate of 10 cents
per folio of seventy -two words for such copy.
Order to wind -up company.
Advertisement
and service of 7. Every order for the winding -up of a company, by the Court or subject
order.
[ Ibid . r. 6.]
to its supervision , shall within twelve days after the date thereof, be advertised
by the petitioner once in the Gazette, and shall be served upon such persons
( if any ) and in such manner as the Court may direct.
Proceedings on
order. 8. Within ten days after the date of the order to wind up a summons may
[ Ibid . r.7.] be taken 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 be taken out by any
other person than the petitioner the Judge may , if he thinks fit, give the
carriage and prosecution of the orde to such person. ch simmons shall
be served upon all parties who may bave appeared upon the hearing of the
petition. Upon the return of such summons, a time shall, if the Judge thinks
fit, be fixed for 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 order shall be continued by adjournment, and when
necessary, by further summons, and any such direction as aforesaid may be
given, added to, or varied, at any subsequent time, as may be found necessary.
Official liquidator.
Appointment of
officialliquidatır. 9. The Judge may appoint & person to the office of official liquidator,
[ Ibid . r. 8.) without previous advertisement or notice to any party, or fix a time and place
for the appointment of an official liquidator, and may appoint or reject any
person nominated at such time and place, and appoint any person not so
nominated .
Advertisement
as to appoint 10. Wben a time and place are fixed for the appointment of an official
ment .
[ Ibid . r. 9.)
liquidator, such time and place shall be advertised in such manner as the
Judge shall direct, so that the first or only advertisement shall be published
within fourteen days and not less than seven days before the date so fixed .
Security of
official liquidator, 11. Every official liquidator shall give security by entering into a re
( Ibid. r . 10.) cognizance with two or more sufficient sureties in such sum as the Judge may
approve; and the Judge may, if he shall think fit, accept the security ofany
guarantee society 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 .
Order appoint
ing official 12. The official liquidator shall be appointed by order, and unless he shall
liquidator .
( ibid . r. 11.)
have given security, a time shall be fixed by such order within which he is to
do so : and the order shall fix the times or periods at which the official liqui
dator is to leave his accounts of his receipts with the Registrar, and shall
direct that all moneys to be received shall be paid into Court or into such
bank as the Court may direct immediately after the receipt thereof to the