189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 20

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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

117. No application to reverse or vary the decision Appeal from of an Official Receiver or trustee in rejecting a proof rejection of shall be entertained after the expiration of twenty- proof. one days from the date of the decision complained of. R262.

118. The Official Receiver shall in no case be per- Costs of sonally liable for costs in relation to an appeal appeals from

decisions as from his decision rejecting any proof wholly or in

to proofs. part.

R263.

Proxies and Voting Letters.

119.--(1) A proxy shall be lodged with the Official Filing of Receiver or trustee not later than twenty-four hours proxies, before the time appointed for the meeting or adjourned R264. meeting, at which it is to be used.

(2) As soon as a proxy or voting letter has been used it shall be filed with the proceedings in the matter.

Forms

50, 51.

120. A proxy given by a creditor shall be deemed Signature. to be sufficiently executed if it is signed by any of proxy. person in the employ of the creditor having a general R265. authority to sign for such creditor, or by the authoris- ed agent of such creditor if resident abroad. Such authority shall be in writing, and shall be produced to the Official Receiver, if required.

creditor

121. The proxy of a creditor blind or incapable of Filling in writing may be accepted if such creditor has attached when his signature or mark thereto in the presence of a biind, eto. witness, who shall add to his signature his descrip- R266, tion and residence, provided that all insertions in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark.

122. No person shall be appointed a general or Minors not special proxy who is a minor.

to be proxies

R267.

Dividends.

123.-(1) Not more than one month before de- Notice of claring a dividend, the trustee shall gazette notice of intended his intention to do so, and at the same time give dividend. notice to such of the creditors mentioned in the R258. bankrupt's statement of affairs as have not proved Forms their debts. Such notice shall specify the latest date 138, 139, up to which proofs must be lodged, which shall be not less than fourteen days from the date of such notice.

(2). Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date upon which proofs may be lodged. appeals against the decision of the Official Re- ceiver or trustee rejecting a proof, such appeal shall be commenced, and notice thereof given to the Official Receiver or trustee, within seven days from the date of the notice of the decision against which the appeal is made, and the Official Receiver or trustee shall in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted. Where no appeal has been commenced within the time specified in this rule, the trustee shall exclude all proofs which have been rejected from participation in the dividend.

(3) Immediately after the expiration of the time fixed by this rule for appealing against the decision of the trustee, he shall proceed to declare a dividend,

141.

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