A.D. 1865.]
COMPANIES.
[No. 1.
145
them, the total amount of the debts or claims the payment of which has been secured in manner provided by the said section 63, and the persons to or by whom the same are due or claimed; but it shall not be necessary to show in such certificate the several amounts of the debts or claims of any persons who have consented in writing to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid.
Placing petition in list. General Order.
86. After the expiration of eight clear days from the filing of such last-mentioned certificate, the petition may be placed in the hearing list, on a note from the Registrar to the Judge's clerk stating that the certificate has been filed and become binding.
87. Before the hearing of the petition, notices stating the day on which the same is appointed to be heard shall be published at such times and in such newspapers as the Judge may direct.
88. Any creditor settled on the said list whose debt or claim has not, before the hearing of the petition, been discharged or determined, or been secured in manner provided by section 63 of the Companies Ordinance, 1865, and who has not, before the hearing, signed a consent to the proposed reduction of capital, may, if he thinks fit, on giving two clear days' notice to the solicitor of the company of his intention to do so, appear at the hearing of the petition and oppose the application.
r. 15.
Advertisement of hearing. Ib. r. 16.
Right to appear. Ib. r. 17.
Ib. r. 18.
89. Where a creditor who appears at the hearing under the last preceding Rule is a creditor the full amount of whose debt or claim is not admitted by the company, and the validity of such debt or claim has not been inquired into and adjudicated on under section 63 of the Companies Ordinance, 1865, the costs of and occasioned by his appearance shall be dealt with as the Court may seem just; but in all other cases a creditor appearing under the last preceding Rule shall be entitled to the costs of such appearance, unless the Court is of opinion that, in the circumstances of the particular case, his costs ought not to be allowed.
90. When the petition comes on to be heard, the Court may, if it thinks fit, give such directions as may seem proper with reference to the securing in manner mentioned in section 63 of the Companies Ordinance, 1865, the payment of the debts or claims of any creditors who do not consent to the proposed reduction; and the further hearing of the petition may, if the Court thinks fit, be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims.
Directions at hearing. Ib. r. 19.
reduction.
91. Where the Court makes an order confirming a reduction, such order shall give directions in what manner, in what newspapers, and at what times notice of the registration of the order and of such minute as is mentioned in section 64 of the Companies Ordinance, 1865, is to be published; and shall fix the date until which the words "and reduced" are to be deemed part of the name of the company as mentioned in section 60 of the said Ordinance.
Page 85
Page 86
A.D. 1865.]
COMPANIES.
[No. 1.
145
them, the total amount of the debts or claims the payment of which has been secured in manner provided by the said section 63, and the persons to or by whom the same are due or claimed; but it shall not be necessary to show in such certificate the several amounts of the debts or claims of any persons who have consented in writing to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid.
Placing peti-
tion in list. General Or-
86. After the expiration of eight clear days from the filing of such last- mentioned certificate, the petition may be placed in the hearing list, on a note from the Registrar to the Judge's clerk stating that the certificate has been der. 1868, filed and become binding.
87. Before the hearing of the petition, notices stating the day on which the same is appointed to be heard shall be published at such times and in such newspapers as the Judge may direct.
88. Any creditor settled on the said list whose debt or claim has not, before the hearing of the petition, been discharged or determined, or been secured in manner provided by section 63 of the Companies Ordinance, 1865, and who has not, before the hearing, signed a consent to the proposed redur- tion of capital, may, if he thinks fit, ou giving two clear days' notice to the solicitor of the company of his intention to do so, appear at the hearing of the petition and oppose the application.
r. 15.
Advertise- ment of hearing. Ib. r. 16.
Right to appear.
Ib. r. 17.
Ib. r. 18.
89. Where a creditor who appears at the hearing under the last preceding Costs of ap- Rule is a creditor the full amount of whose debt or claim is not admitted by pearance. the company, and the validity of such debt or claim has not been inquired into and adjudicated on under section 63 of the Companies Ordinance, 1865, the costs of and occasioned by his appearance shall be dealt with as to the Court may seem just; but in all other cases a creditor appearing under the last preceding Rule shall be entitled to the costs of such appearance, unless the Court is of opinion that, in the circumstances of the particular case, his costs ought not be allowed.
90. When the petition comes on to be heard, the Court may, if it thinks fit, give such directions as may seem proper with reference to the securing in manner mentioned in section 63 of the Companies Ordinance, 1865, the pay- ment of the debts or claims of any creditors who do not consent to the pro- posed reduction; and the further hearing of the petition may, if the Court thinks fit, be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims.
Directions at hearing. Ib. r. 19.
reduction.
91. Where the Court makes an order confirming a reduction, such order Order shall give directions in what manner, in what newspapers, and at what times confirming hotice of the registration of the order and of such minute as is mentioned in 76. r. 20. section 64 of the Companies Ordinance, 1865, is to be published; and shall fix the date until which the words and reduced are to be deemed part of the name of the company as mentioned in section 60 of the said Ordinance,
ioned in section 60 of the sai
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