SSG [ 30 OF 1886. ] COMPANIES .
Proceedings
uniler order.
36. At the time of making an order for a call, the further proceedings
[ Ibid , r. 35. ] relating thereto shall be adjourned to a time subsequent to the day appointed
for the payment 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 of the call, duly served, and upon proof of the
service of the order and notice of the amontdne, 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 oriler,
to pay the sum wbich 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.
Default of
payment into
37. If any official liquidator shall not pay all the moneys received by him
Conrt or bank , into Court or such bank as aforesaid to the account of the official liquidator
(Ibid . r . 30.) of the company, within seven days next after the receipt thereof, unless the
Judge shall have otherwise directed , such official liquidator shall be charged
in bis account with $ 5 for every $500 and a proportionate sum for any larger
amount, retained in his bands beyond 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
be depositeri in
33. All bills, notes, and other securities payable to the company or to the
Court or a bank . official liquidator thereof shall, as soon as they shall come to the hands of
[Ibid . r . 37. such official liquidator, 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 ).
( all, & c . to
be paid into
39. All orders for payment of calls, balances, or other moneys due from
( ourt or bank , any contributory or other person , shall direct the same to be paid into Court
[ 1 billi ' r. 38. ] or such 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 shall, having regard to the amount of the security given by the
official liqnidator, be thought proper to direct payment thereof to the official
liquidator; provided that where any such order has been made directing pay
ment of a specific sum into Court or some bank in case it shall be 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 oflicial liquidator.
Notice as to
larment into 40. At the time of the service of any order for payment into Court or such
Court or bank .
( 7 bid . r . 38.]
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 liquiilator 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.
Affidavit of
non -payment.
41. For the purpose of enforcing any order for payment of money into
IIbid . r . 10.) Court or into a bank an affidavit of non -payment by ihe official liquidator
shall be suflicient cvidence of the non -payment thereof.
Title of account
of money's paid 42. All money's , bills, notes, and other securities paid and delivered into
in . Court or into a bank shall be placed to the credit of the account of the official
[ 1bid. r . 41.)
liquidator of the company ; and orders for any such payment and delivery
shall direct the same accordingly.