30684-1913-Companies-Winding-up-Rules — Page 22

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

Form 67.

Forms 64 and 65.

Form 68.

Retura of capital to contribu- tories.

Forms 69 and 70.

Attendance

ings.

(2.) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date up to which proofs may be lolged, appeals against the decision of the Liquidator rejecting a proof, notice of appeal shall, subject to the power of the Court to extend the time in special cases, be given within seven days from the date of the notice of the decision against which the appeal is made, and the Liquidator may 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 notice of appeal has been given within the time specified in this Rule, the Liquidator 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 Liquidator he shall procced to declare a dividend, and shall give notice to the Official Receiver (in order that the same may be gazetted), and shall also send a notice of dividend to each creditor whose proof has been admitted.

(4.) If it becomes necessary, in the opinion of the Li- quidator and the Committee of Inspection, to postpone the declaration of the dividend beyond the limit of two months, the Liquidator shall give a fresh notice of bis intention to declare a dividend to the Official Receiver in order that the same may be gazetted; but it shall not be necessary for the Liquidator to give a fresh notice to such of the cre- ditors mentioned in the statement of affairs as have not

proved their debts. In all other respects the same pro-

cedure shall follow the fresh notice as would have followed the original notice.

(5.) Upon the declaration of a dividend the Liquidator shall forthwith transmit to the Official Receiver a list of the proofs filed with the Registrar under Rule 98, which list shall be in the Form 64 or 65 in the Appendix as the case may be, and the Liquidator shall, if so required by the Official Receiver, transmit to him, office copies of all lists of proofs filed by him up to the date of the declaration of the dividend,

(6.) Dividends may at the request and risk of the person to whom they are payable he transmitted to him by post.

(7.) If a person to whom dividends are payable desires that they shall be paid to some other person he may lodge with the Liquidator a document in the Form 65 which shall be a sufficient authority for payment of the dividend to the person therein named.

139. Every order by which the Liquidator in a winding-up by the Court is authorised to make a return to contributories of the Company, shall, unless the Court shall otherwise direct, contain or have appended thereto a Seliedale or List (which the Liquidator shall prepare) setting out in tabular form the full names and addresses of the persours to whom the return is to be paid, and the amount of money payable to each person, and particulars of the transfers of shares (if any) which have been made or the variations in the list of contributories which have arisen since the date of the settlement of the list of contributories. The Schedule or List shall be in the Form 70 with such variations as circumstances shall require.

ATTENDANCE AND APPEARANCE OF PARTIES.

140.-(1.) Every person for the time being.on the list at proceed- of contributories of the Company, and every person whose proof has been admitted shall be at liberty, at his own expense, to attend proceedings, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request de- sire to have notice of; but if the Court shall be of opinion that the attendance of any such person upon any proceed- ings has occasioned any additional costs which ought not to be borne by the funds of the Company, it may direct such costs, or a gross sum in lieu thereof, to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same.

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