668857-1886-Bills-read-The-Companies-Ordinance-The-Statute-Law-Preservation-Ordinance- — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEM 1, 1886.

Wages and

salary to be preferential claims.

[46 & 47 V, 0. 28, s. 4.]

Buck olalma to rank equally. [46 & 47 V. c. 38, 8. 5.]

Liquidator to discharge same upon receipt of sufficient assets. [46 & 47 V, 0. 28, B. 6.]

Bules.

Title of petition.

(General order

(England) Nov., 1862, rule 1]

Advertisement of petition. [ibid, r. 9]

Service of petition. Libid, r. 3)

Affidavit verifying petition. [ibid, r. 4)

officer of the company whose name and address are known to the Registrar, the letter or notice (in identical form) may be sent or delivered to each of the persons who subscribed the memoran- dum of association, addressed to him at the address mentioned in that memorandum.

(7.) In the execution of his duties under this section the Registrar shall conform to any regulations which may be from time to time made by the Governor in Council.

PART VI.

Claims in winding up.

13. In the distribution of the assets of any company being wound up under the Companies Ordinances 1865 to 1886, there shall be paid in priority to other debts,.

(a.) All wages or salary of any clerk or servant in respect of service rendered to the company during four months before the commencement of the winding up not exceeding two hundred and forty dollars; and

(b.) All wages of any labourer or workman in respect of services rendered to the company during two months before the commencement of the wind- ing up.

14. The foregoing debts shall rank equally among them- selves, and shall be paid in full, unless the assets of the company are insufficient to meet them, in which case they shall abate in equal proportions between themselves.

15. Subject to the retention of such sums as may be necessary for the costs of administration or otherwise, the liquidator or liquidators or official liquidator shall discharge the foregoing debts forthwith, so far as the assets of the company are and will be sufficient to meet them, as and when such assets come into the hands of such liquidator or liquidators or official liquidator.

16. The rules contained in the Schedule hereto shall be the rules under and for the purposes of the Companies Ordinances 1865 to 1886, provided that such rules may be altered, added to or annulled in manner directed by the said Ordinances.

SCHEDULE ABOVE REFERRED TO.

Petition to wind up Company.

1. In the construction of these rules:-

The word The Judge" shall mean any Judge of the Supreme Court to whom application is made under the Companies Ordinances 1865 to 1886 or these rules or any rules added or altered under the provisions of the said Ordinances or these rules, and

The word "The Registrar" shall mean the Registrar of the

Supreme Court.

2. Every Petition for the winding-up of any company by the Court, or subject to the supervision of the Court and all notices, affidavits and other proceedings under such petition shall be entitled in the matter of the "Companies Ordinances 1865 to 1886" and of the company to which such petition shall relate, describing the company by its most usual style or firm name.

3. Every such petition shall be advertised seven clear days before the hearing once in the Gazette, and once at least in one of the Hongkong daily newspapers.

The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner or petitioners and of his or their solicitor.

4. Every such petition shall, unless preserted by the company, be served at the registered office (if any) of the company, and if there be no registered office, then at the principal, or fat known principal place of business of the company in the Colony, if any such can be found, upon any member, officer, or servant of the company there, or in case no such member, officer, or servant. can be found there, then by being left at such registered office or principal place of busi- ness, or by being served on such member or members of the company as the Court may direct; and every petition for the winding-up of a company subject to the supervision of the Court shall also be served upon the liquidator (if any) appointed for the purpose of winding-up the affairs of the company.

5. Every petition for the winding-up of any company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit referring thereto, such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by the company, by some director, secretary, or other principal officer thereof; and shall be sworn after and filed within four days, after the petition is presented, and such affidavit shall be sufficient prima facie evidence of the statements in the petition.

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