228322-1936-Companies-Winding-up-Rules-1936 — Page 19

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936. 1179

78. The payment of the amount due from each contri- Enforcement butory on a call may be enforced by order of the Court, to be of call. made in Chambers on summons by the Liquidator.

Proofs.

R. 88.

Forms 60 61 and 62.

debt.

R. 89.

79. In a winding-up by the Court every creditor shall Proof of prove his debt, unless a Judge in any particular winding-up shall give directions that any creditors or class of creditors shall be admitted without proof.

R. 90.

80. A debt may be proved in any winding-up by deliver- Mode of ing or sending through the post an affidavit verifying the debt. proof. In a winding-up by the Court the affidavit shall be so sent to the Official Receiver or, if a Liquidator has been appointed, to the Liquidator; and in any other winding-up the affidavit may be so sent to the Liquidator.

:

81. An affidavit proving a debt may be made by the Verification

of proof. creditor himself or by some person authorised by or on behalf

R. 91. of the creditor. If made by a person so authorised, it shall state his authority and means of knowledge.

R. 92.

Form 63.

82. An affidavit proving a debt shall contain or refer to Contents of a statement of account showing the particulars of the debt, proof. and shall specify the vouchers, if any, by which the same 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.

83. An affidavit proving a debt shall state whether the Statement creditor is or is not a secured creditor.

of security. k. 93.

84. An affidavit proving a debt may in a winding-up by Proof before the Court be sworn before the Official Receiver, or an Assistant or Deputy Official Receiver, or before any Commissioner of Oaths.

whom sworn. R. 94:

85. A creditor shall bear the cost of proving his debt Costs of unless the Court otherwise orders.

proof.

R. 95.

86. A creditor proving his debt shall deduct therefrom Discount. (a) all trade discounts, and (b) any discount, which he may R. $6. have agreed to allow for payment in cash, in excess of five per centum on the net amount of his claim.

87. When any rent or other payment falls due at stated Feriodical periods, and the order or resolution to wind-up is made at any payments. time other than one of those periods, the persons entitled to R. 97. the rent or payment may prove for a proportionate 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 demis ed 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.

88. On any debt or sum certain, payable at a certain Interest. time or otherwise, whereon interest is not reserved or agreed R. 98. for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not

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