the-ordinances-of-the-legislative-counci-1890v4 — Page 251

2068 ORDINANCE No. 30 OF 1886 .


Companies.

Certificate before 74. No such petition , as mentioned in the preceeding rule, shall be placed in the
petition placed
in list.
[Ibid, r. 3.] hearing list until after the expiration of eight clear days from the filing of such
certificate as is hereinafter mentioned in the 85th rule.

Proceedings 75. When any such petition as last aforesaid has been presented , application
after petition
presented. may be made, ex parte by summons in Chambers, to the Judge for directions as to
(Ibid , r. 4.]
the proceedings to be taken for settling the list of creditors entitled to object to the
proposed reduction and the Judge may thereupon fix the date with reference to which
the list of such creditors is to be made out, pursuant to the 12th section of The Com
panies Ordinance 1877 and may , either at the same time or afterwards, as he shall think
fit, give such directions as are hereinafter mentioned in the 76th and 77th rules.

Advertisement 76. Notice of the presentation of the petition shall be published at such times, and
of petition.
[Ibid, r. 5.] in such newspapers as the Judge shall direct, so that the first insertion of such notice
be made not less than one calendar month before the day of the date fixed as herein
before mentioned in the 75th rule.

Affidavit as 77. The company shall, within such time as the Judge shall direct, file with the
to creditors.
[Ibid, r. 6.] Registrar an affidavit made by some officer or officers of the company competent to
make the same, verifying a list containing the names and addresses of the creditors of
the company at the date fixed as hereinbefore mentioned in the 75th rule and the
amounts due to them respectively.

Contents of 78. The person making such affidavit shall state therein his belief that such list
affidavit. .
[Ibid, r. 7.]
is correct, and that there was not at the date so fixed as aforesaid any debt, or claim
which, if that date were the commencement of the winding up of the company would
be admissible in proof against the company, except the debts set forth in such list, and
shall state his means of knowledge of the matters deposed to in such affidavit.

Inspection of 79. Copies of such list containing the names and addresses of the creditors, and
list of creditors.
[Ibid, r. 8.] the total amount due to them, but omitting the amounts due to them respectively or
(as the Judge shall think fit) complete copies of such list, shall be kept at the registered
office of the company and at the offices of their solicitors and agents (if any) in the
Colony and any person desirous of inspecting the same may at any time during the
ordinary hours of business, inspect and take extracts from the same on payment of the
sum of fifty cents.
Notice to
creditors. SO. The company shall, within seven days after the filing of such affidavit, or
[Ibid, r. 9.]
such further time as the Judge may allow, send to each creditor whose name is entered
in the said list, a notice stating the amount of the proposed reduction of capital, and
the amount of the debt for which such creditor is entered in the said list and the time
(such time to be fixed by the Judge) within which if he claims to be a creditor for a
larger amount, he must send in his name and address, and the particulars of his debt,
or claim, and the name and address of his solicitor (if any) to the solicitor of the
company ; and such notice may be delivered by hand or sent through the post in a
prepaid letter addressed to each creditor at his last known address or place of abode.