228322-1936-Companies-Winding-up-Rules-1936 — Page 4

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Issue of Summonses.

R 14.

Orders.

R 15.

File of proceedings in office

of Registrar.

R 16.

Office copies. R 18.

Inspection of file.

Ꭱ 19,

Ure of

file by Official Receiver.

R. 20.

Defacement of stamps. R 21.

Duties of Bailiff. R 22.

12. Every summons in a winding-up matter in the Court shall be prepared by the Applicant or his Solicitor, and issued from the office of the Registrar. A summons, when sealed, shall be deemed to be issued.

13. Every order, whether made in Court or in Chambers, in the winding-up of a Company shall be drawn up by the Applicant or his Solicitor and signed by the Registrar, unless in any proceeding, or classes of proceedings, the Judge or Regis- trar who makes the order shall direct that no order need be drawn up.

Where a direction is given that no order need be dawn up, the note or memorandum of the order, signed or initialled by the Judge or the Registrar making the order, shall be sufficient evidence of the order having been made.

14. All petitions, affidavits, summonses, orders, proofs, notices, depositions, bills of costs and other proceedings in the Court in a winding-up matter shall be kept and remain of record in the office of the Registrar and, subject to the directions of the Court, shall be placed in one continuous file.

15. All office copies of petitions, affidavits, depositions, papers and writings, or any parts thereof, required by the Official Receiver or any liquidator, contributory, creditor, officer of a Company, or other person entitled thereto, shall be provided by the Registrar, and shall, except as to figures, be fairly written out at length, and be sealed and delivered out without any unnecessary delay, and in the order in which they shall have been bespoken.

16. Every person who has been a director or officer of a Company which is being wound up, shall be entitled, free of charge, and every contributory and every creditor whose claim or proof has been admitted shall be entitled on payment of a fee of one dollar for each inspection per diem, at all reasonable times, to inspect the file of proceedings and to take copies or extracts from any document therein, or to be furnished with such copies or extracts upon payment of fifty cents per

folio of seventy-two words, each figure being counted as a word.

17. Where, in the exercise of his functions under the Ordinance or Rules, the Official Receiver requires to inspect or use the file of proceedings the Registrar shall (unless the file is at the time required for use in Court or by him) on request, transmit the file of proceedings to the Official Receiver, and the Registrar may, in his discretion, permit the Official Receiver to retain in his custody for such time as the Registrar may think fit any file or files of proceedings.

18. Every officer of the Court who shall receive any document to which an adhesive stamp shall be affixed, shall immediately upon receipt of the document deface the stamp thereon and no such document shall be filed or delivered until the stamp thereon shall have been so defaced.

Service and Execution of Process and Enforcement of Orders.

19.-(1) It shall be the duty of the Bailiff to serve such orders, summonses, petitions and notices as the Court may require him to serve; to execute warrants and other process; to attend any sittings of the Court if so required by the Court (but not sittings in Chambers); and to do and perform all such things as may be required of him by the Court.

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