the-ordinances-of-the-legislative-counci-1890v2 — Page 303

HK Historical Laws 香港歷史法例 All

COMPANIES . ( 30 OF 1886. ) 893

87. Before the hearing of the petition, notices stating the day on which ofAdvertisement
.
the same is appointed to be heard shall be published at such times and in (Ibid.t.16
such newspapers as the Judge shall direct.
88. Any creditor settled on the said list whose debt or claim has not, whomay appear.
before the hearing of the petition, been discharged or determined, or been 17 bid.v. 17.)
secured in manner provided by the 13th section of “ The Companies Ordinance
1877 " and who has not before the hearing signed a consent to the proposed
reduction of capital, may if he thinks fit, upon giving two clear days' notice
to the solicitor of the company of bis intention so to do, appear at the hearing
of the petition and oppose the application.
89. Where a creditor who appears at the hearing under the last preceding costs ofappear
ance .
rule is a creditor the full amount of whose debt or claim is not admitted by (7bid.r. 18.]
the company, and the validity of such debt or claim has not been inquired
into and adjudicated upon under section 13th of “ The Companies Ordinance
1877 " the costs of and occasioned by his appearance shall be dealt with as
to the Court shall 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 shall be of opinion that in the circumstances of the particular case
bis costs ought not be allowed .
90. When the petition comes on to be hearil, the Court may, if it shall so Directions at the
hearing.
think fit, give such directions as may seem proper with reference to the ( I bid . r. 19.]
securing in manner mentioned in section 13th of “ The Companies Ordinance
1877 ” 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 shall think 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.
91. Where the Court makes an order confirming a reduction, such order Order confirming
reduction
shall give directions in what manner and in what newspapers, and at what tivid.t.20.)
times, notice of the registration of the or ler and of such minute as mentioned
in the 14th section of “ The Companies Ordinance 1887 ” * is to be published ; (* 1877.)
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 the 10th section of the
said ordinance .
Forms.

92. The forms in use in England as prescribed by the General Orders of Forms.
November 1862 and March 1868 in relation to joint stock companies or any (General order,
1862, 1.695
subsequent order or rules of Court in England may so far as circumstances of
each case may require , be used for the purposes of “ The Companies Ordi
nances 1865 to 1886 ” and of these rules.
Fees.

93. Solicitors shall be e'titled to charge, and be allowed the fees set forth [Solicitor's
1 bil. r. 70. )
fezs.
and referred to in the first schedule hereto, unless the Court or Judge shall
otherwise especially direct.
94. The fees of Court set forth and referred to in the second schedule (ICourt fees.
lid , r. 71. ]
hereto, shall be paid in relation to proceedings in the Court under “ The Com
panies Ordinances 1865 to 1886 ” and shall be collected by means of stamps.
Taxation of costs.
95. Where an order is made in Court or Chambers for payment of any Taxation
costs
of
costs, the order shall direct the taxation thereof by the Registrar except on iloid.r.72.]
interlocutory applications in cases where the Court deems it proper to direct
or award a gross sum in lieu of taxed costs to be paid by any party to any
other party .

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