the-ordinances-of-the-legislative-counci-1890v4 — Page 253

2070 ORDINANCE No. 30 OF 1886.


Companies.


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 86. After the expiration of eight clear days from the filing of such last-mentioned
in list.
[1bad, r. 15.]
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 has been filed and become
binding.

Advertisement 87. Before the hearing of the petition, notices stating the day on which the same
of hearing.
[[bid, r. 16.] is appointed to be heard shall be published at such times and in such newspapers as
the Judge shall direct.
Who may appear. 88. Any creditor settled on the said list whose debt or claim has not, before the
[Zoid, r. 17.]
hearing of the petition, been discharged or determined , or been 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 his
intention so to do, appear at the hearing of the petition and oppose the application.
Costs of appear 89. Where a creditor who appears at the hearing under the last preceding rule is
ance.
[Ibid, r. 18.] 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 upon
under section 18th 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 his costs ought not be allowed .
Directions at the 90. When the petition comes on to be heard, the Court may, if it shall so think
hearing.
[Ibid, r. 19.] fit, give such directions as may seem proper with reference to the 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.
Order confirming 91. Where the Court makes an order confirming a reduction , such order shall
reduction.
[Ibid, r. 20.]
give directions in what manner and in what newspapers, and at what times, notice of
the registration of the order and of such minute as mentioned in the 14th section of
[* 1877) " The Companies Ordinance 1887 "* 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 the 10th section of the said Ordinance.