the-ordinances-of-the-legislative-counci-1890v2 — Page 302

S92 [ 30 OF 1886.] COMPANIES .

Alvertisement
as to list of
81. Notice of the list of creditors shall, after the filing of the affidavit
cre litors , mentioned in the 77th rule be published at such times, and in such newspapers,
[Ibid . r. 10 ) as the Judge shall direct. Every such notice shall state the amount of the
proposed reduction of capital, and the places where the aforesaid list of cre
ditors may be inspected and the time within which creditors of the company
who are not entered on the said list, and are desirous of being entered therein ,
must send in their names and addresses, and the particulars of their debts or
claims, and the names and addresses of their solicitors ( if any ) to the solicitor
of the company :
Affilavit as to 82. The company shall, within such time as the Judge shall direct, file,
result of rules
79 and 80 .
[I bid. r. 11.)
with the Registrar an affidavit made by the person to whom the particulars
of debts or claims are, by such notices as are hereiubefore mentioned in the
80th and 81st rules required to be sent in stating the result of such notices
respectively, and verifying a list containing the names and addresses of the
persons ( if any) who shall have sent in the particulars of their debts or claims
in pursuance of such notices respectively and the amounts of such debts or
claims and some competent officer or officers of the company shall join in
such affidavit, and shall in such list distinguish which ( if any ) of such debts
and claims are wholly, or as to any and what part thereof admitted by the
company, and which (if any) of such debts and claims are wholly, or as to
any and what part thereof, disputed by the company .
Proceedings
where claim 83. If any debt or claim , the particulars of which are so sent in, shall not
not admitted.
( Ibid . r. 12.)
be admitted by the company at its full amount, then and in every such case,
unless the company are willing to set apart and appropriate in such manner
as the Judge shall direct the full armontof sneh debt or claim , the company
shall, if the Judge thinks fit so to direct, send to the creditor, a notice that
he is required to come in and prove su : h debt or claim , or such part thereof
as is not admitted by the company, by a day to be there i wamed bing not
less than four clear days after such notice and being the time appointed by
the Judge for adjudicating upon such debts and claims, and such notice shall
be sent in the manner hereinbefore mentioned in the 80th rule.
Costs of proof.
[I bid. r . 13.) 84. Such crelitors as come in to prove their debts or claims in pursuance
of any such notice as is herein before mentioned in the 83rd rule shall be
allowel their costs of proof against the company, and be answerable for costs,
in the same manner as in the case of persons coming in to prove debts under
a judgment or decree in a suit.
Registrar's 85. The result of the settlement of the list of creditors shall be stated in
certificate as
to creditors. a certificate by the Registrar and such certificate shall state what debts or
( 1 bid. r. 14.) claims ( if any) have been disallowed , and shall distinguish the debts or claims
the full amount of which the company are willing to set apart and appropriate,
and the debts or claims (if any) the amount of which has been fixed by inquiry
and adjudication in manner provided by section 13 of “ The Companies Or
dinance 1877 " and the debts or claims (if any ) the full amount of which is
not admitted by the company, nor such as the company are willing to set
apart and appropriate, and the amount of which has not been fixed by inquiry
and adjudication as aforesaid and shall shew which of the creditors have
consented in writing to the proposed reduction, and the total amount of the
debts due to them , and the total amount of the debts or claims the payment
of which has been secured in manner provided by the said 13th section and
the persons to or by whom the same are due or claimed ; but it shall not be
necessary to shew 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 . 86. After the expiration of eight clear days from the filing of such last
( I bid, r. 15.) mentioned certificate, the petition may be placed in the hearing list upon a
note from the Registrar to the Judge's clerk stating that the certificate bas
been filed and become binding.