THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Sales of Property.
33. Any real or personal property belonging to the company may be sold with the approbation of the Judge, in the same manner as in the case of a sale under a decree or order of the Court in a suit, or, if the Judge shall so direct, by the official liquidator; and upon any such sale by the official liquidator, the conditions or contracts of sale shall be settled and approved of by the Judge, unless he shall otherwise direct, and the Judge may, if he thinks fit, direct such conditions and contracts, and the abstract of the title to the property, to be submitted to Counsel and may, on any sale by public auction, fix a reserved bidding; and, unless on account of the small amount of the purchase moneys or other cause it shall, having regard to the amount of the security given by the official liquidator, be thought proper that the purchase moneys shall be paid to him, all conditions and contracts of sale shall provide that the purchase moneys shall be paid by the respective purchasers into Court or into such Bank as the Court may direct to the account of the official liquidator of the company.
Calls.
31. Every application to the Judge to make any call on the contributories or any of them, for any purpose authorized by The Companies Ordinances 1865 to 1886 shall be made by summons, stating the proposed amount of such call; and such summons shall be served four clear days at the least before the day appointed for making the call, on every contributory proposed to be included in such call; or if the Judge shall so direct, notice of such intended call may be given by advertisement.
35. When any order for a call has been made, a copy thereof shall be forthwith served upon each of the contributories included in such call, together with a notice from the official liquidator specifying the amount or balance due from such contributory (having regard to the provisions of the said Ordinances) in respect of such call, but such order need not be advertised unless for any special reason the Judge shall so direct.
36. At the time of making an order for a call, the further proceedings relating thereto shall be adjourned to a time subsequent to the day appointed for the payment thereof, and afterwards from time to time so long as may be necessary; and at the time appointed by any such adjournment, or upon a summons to enforce payment of the call, duly served, and upon proof of the service of the order and notice of the amount due, and non-payment an order may be made for such of the contributories who have made default, or of such of them against whom it shall be thought proper to make such order, to pay the sum which by such former order and notice they were respectively required to pay, or any less sum which may appear to be due from them respectively.
Payment in of moneys and Deposit of Securities.
37. If any official liquidator shall not pay all the moneys received by him into Court or such Bank as aforesaid to the account of the official liquidator of the company, within seven days next after the receipt thereof, unless the Judge shall have otherwise directed, such official liquidator shall be charged in his account with $5 for every $500 and a proportionate sum for any larger amount, retained in his hands beyond such period, for every seven days during which the same shall have been so retained, and the Judge may, for any such retention, disallow the salary or remuneration of such official liquidator.
38. All bills, notes, and other securities payable to the company or to the official liquidator thereof shall, as soon as they shall come to the hands of such official liquidator, be deposited by him in Court or such Bank as the Court may direct for the purpose of being presented by the Registrar or by the Bank (as the case may be) for acceptance and payment, or for payment only, (as the case may be).
39. All orders for payment of calls, balances, or other moneys due from any contributory or other person, shall direct the same to be paid into Court or such Bank as the Court may direct to the account of the official liquidator of the company, unless on account of the smallness of the amount or other cause, it shall, having regard to the amount of the security given by the official liquidator, be thought proper to direct payment thereof to the official liquidator; Provided that where any such order has been made directing payment of a specific sum into Court or some Bank in case it shall be thought proper for the purpose of enabling the official liquidator to issue execution or take other proceedings to enforce the payment thereof, or for any other reason, an order may, either before service of such former order, or after the time thereby fixed for payment, be made, without notice, for payment of the same sum to the official liquidator.
40. At the time of the service of any order for payment into Court or such Bank, as aforesaid the official liquidator shall give to the party served a notice, for the purpose of informing him how the payment is to be made; and before the time fixed for such payment, the liquidator shall furnish the Registrar or the cashier of such Bank as aforesaid with a certificate of payment to be signed by the Registrar or cashier and delivered to the party paying in the money therein mentioned.
41. For the purpose of enforcing any order for payment of money into Court or into a Bank an affidavit of non-payment by the official liquidator, shall be sufficient evidence of the non-payment thereof.
42. All moneys, bills, notes, and other securities paid and delivered into Court or into a Bank shall be placed to the credit of the account of the official liquidator of the company; and orders for any such payment and delivery shall direct the same accordingly.
Delivery out of Securities, and Payment out and Investment of Moneys.
43. All bills, notes, and other securities delivered into Court or to any such Bank as aforesaid, shall be delivered out upon a request signed by the official liquidator, and countersigned by the Registrar and moneys placed to the account of the official liquidator shall be paid out upon cheques or orders signed by the official liquidator and countersigned by the Registrar.
Sales of property. [ibid, r. 32]
Summons for call. [ibid, r. 33]
Service of order. [ibid, n. 34]
Proceedings under order. [ibid, r. 35]
Default of payment into court or bank. [ibid, r. 36]
Bills, &c, to be deposited in court or a bank. [ibid, r, 37]
Call, &c., to be paid into court or bank. [ibid, r. 38]
Notice as to payment into court or bank. [ibid, r. 39]
Affidavit of non-payment. [ibid, r. 40]
Title of account of moneys paid in. [ibid, r. 41]
Cheques and requests. [ibid, r. 42]
31
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Sales of Property.
33. Any real or personal property belonging to the company may be sold with the approbation of the Judge, in the same manner as in the case of a sale under a decree or order of the Court in a suit, or, if the Judge shall so direct, by the official liquidator; and upon any such sale by the official liquidator, the conditions or contracts of sale shall be settled and approved of by the Judge, unless he shall otherwise direct, and the Judge may, if he thinks fit, direct such conditions and contracts, and the abstract of the title to the property, to be submitted to Counsel and may, on any sale by public auction, fix a reserved bidding; and, unless on account of the small amount of the purchase moneys or other cause it shall, having regard to the amount of the security given by the official liquidator, be thought proper that the purchase moneys shall be paid to him, all conditions and contracts of sale shall provide that the purchase moneys shall be paid by the respective purchasers into Court or into such Bank as the Court may direct to the account of the official liquidator of the company.
Calls.
31. Every application to the Judge to make any call on the con- tributories or any of them, for any purpose authorized by The Com- panies Ordinances 1865 to 1886 shall be made by summons, stating the proposed amount of such call; and such summons shall be served four clear days at the least before the day appointed for making the call, on every contributory proposed to be included in such call; or if the Judge shall so direct, notice of such intended call may be given by advertisement.
35. When any order for a call has been made, a copy thereof shall be forthwith served upon each of the contributories included in such call, together with a notice from the official liquidator specifying the amount or balance due from such contributory (having regard to the provisions of the said Ordinances) in respect of such call, but such order need not be advertised unless for any special reason the Judge shall so direct.
36. At the time of making an order for a call, the further proceed- ings relating thereto shall be adjourned to a time subsequent to the day appointed for the payment thereof, and afterwards from time to time so long as may be necessary; and at the time appointed by any such adjournment, or upon a summons to enforce payment of the call, duly served, and upon proof of the service of the order and notice of the amount due, and non-payment an order may be made for such of the contributories who have made default, or of such of them against whom it shall be thought proper to make such order, to pay the sum which by such former order and notice they were respectively required to pay, or any less sum which may appear to be due from them respectively.
Payment in of moneys and Deposit of Securities.
37. If any official liquidator shall not pay all the moneys received by him into Court or such Bank as aforesaid to the account of the official liquidator of the company, within seven days next after the receipt thereof, unless the Judge shall have otherwise directed, such official liquidator shall be charged in his account with $5 for every $500 and a proportionate sum for any larger amount, retained in his hands beyond such period, for every seven days during which the same shall have been so retained, and the Judge may, for any such retention, disallow the salary or remuneration of such official liquí- dator.
38. All bills, notes, and other securities payable to the company or to the official liquidator thereof shall, as soon as they shall come to the hands of such official liquidator, be deposited by him in Court or such Bank as the Court may direct for the purpose of being presented by the Registrar or by the Bank (as the case may be) for acceptance and payment, or for payment only, (as the case may be), 39. All orders for payment of calls, balances, or other moneys due from any contributory or other person, shall direct the same to be ; paid into Court or such Bank as the Court may direct to the account of the official liquidator of the company, unless on account of the smallness of the amount or other cause, it shall, having regard to the amount of the security given by the official liquidator, be thought proper to direct payment thereof to the official liquidator; Provided that where any such order has been made directing payment of a specific sum into Court or some Bank in case it shall be thought proper for the purpose of enabling the official liquidator to issue exe- cution or take other proccedings to enforce the payment thereof, or for any other reason, an order may, either before service of such former order, or after the time thereby fixed for payment, be made, without notice, for payment of the same sum to the official liquidator. 40. At the time of the service of any order for payment into Court or such Bank, as aforesaid the official liquidator shall give to the party served a notice, for the purpose of informing him how the payment is to be made; and before the time fixed for such payment, the liquidator shall furnish the Registrar or the cashier of such Bank as aforesaid with a certificate of payment to be signed by the Registrar or cashier and delivered to the party paying in the money therein mentioned.
41. For the purpose of enforcing any order for payment of money into Court or into a Bank an affidavit of non-payment by the official liquidator, shall be sufficient evidence of the non-payment thereof.
42. All moneys, bills, notes, and other securities paid and delivered into Court or into a Bank shall be placed to the credit of the account of the official liquidator of the company; and orders for any such payment and delivery shall direct the same accordingly.
Delivery out of Securities, and Payment
out and Investment of Moneys.
43. All bills, notes, and other securities delivered into Court or to any such Bank as aforesaid, shall be delivered out upon a request signed by the official liquidator, and countersigned by the Registrar and moneys placed to the account of the official liquidator shall be paid out upon cheques or orders signed by the official liquidator and countersigned by the Registrar.
Sales of property. [ibid, r. 32]
Summons for call. [ibid, r. 33]
Service of order. [ibid, n. 34]
Proceedings under order. [ibid, r. 35]
Default of payment into court or bank. [ibid, r. 36]
Bills, &c, to be deposited in court or a bank. [ibid, r, 37]
Call, &c., to be paid into court or bank. [ibid, x. 38]
Notice as to payment into court or banık. [ibid, r. 39]
Affidavit of non-payment. Libid, r. 40]
Title of account of
moneys paid
in.
[ibid, r. 41]
Cheques and
requests. [ibich, r. 42]
31
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