27 VICTORIA, No. 190.

SEVENTH SCHEDULE-continued.

list may from time to time by leave of the judge be varied or added to by the official liquidator. (26.) Upon the list of contributories being left at the chambers of the judge the official liquidator shall obtain an appointment for the judge to settle the same, and shall give notice in writing to every person included in such list of such appointment, stating in what character and for what number of shares or interest such person is included in the list; and where any variation or addition to such list is at any time made by the official liquidator a similar notice shall be given to every person to whom such variation or addition applies. All such notices shall be served four clear days before the day appointed to settle such list or such variation or addition.

(27.) The result of the settlement of the list of contributories shall be stated in a certificate by the associate, and certificates may be made from time to time for the purpose of stating the result of such settlement down to any particular time or as to any particular person or stating any variation of the list.

Sales of Property.

(28.) Any real or personal property belonging to the company may be sold with the approbation of the judge in the same manner as in the case of a sale under a decree or order of the court in a suit or if the judge shall so direct by the official liquidator; and upon any such sale by the official liquidator the conditions or contracts of sale shall be settled and approved of by the judge unless he shall otherwise direct; and the judge may if he thinks fit direct such conditions and contracts and the abstract of the title to the property to be submitted to some counsel, and may upon any sale by public auction fix a reserved bidding; and, unless on account of the small amount of the purchase money or other cause it shall having regard to the amount of security given by the official liquidator be thought proper that the purchase moneys shall be paid to him, all conditions and contracts of sale shall provide that the purchase moneys shall be paid by the respective purchaser into some bank approved by the Governor in Council and named therein to the account of the official liquidator of the company.

Calls.

(29.) Every application to the judge to make any call on the contributories or any of them for any purpose authorised by this Act shall be made by summons stating the proposed amount of such call; and such summons shall be served four clear days at least before the day appointed for making the call on every contributory proposed to be included in such call, or if the judge shall so direct notice of such intended call may be given by advertisement.

(30.) When any order for a call has been made a copy thereof shall be forthwith served upon each of the contributories included in such call together with a notice from the official liquidator specifying the amount or balance due from such contributory (having regard to the provisions of this Act) in respect of such call; but such order need not be advertised unless for any special reason the judge shall so direct.

(31.) At the time of making an order for a call the further proceedings relating thereto shall be adjourned to a time subsequent to the day appointed for the payment thereof and afterwards from time to time so long as may be necessary and at the time appointed by any such adjournment or upon a summons to enforce payment of the call duly served; and upon proof of the service of the order and notice of the amount due and non-payment an order may be made for such of the contributories who have made default or of such of them against whom it shall be thought proper to make such order to pay the sum which by such former order and notice they were respectively required to pay or any less sum which may appear to be due from them respectively.

Payment in of Moneys and Deposit of Securities.

(32.) If any official liquidator do not pay all moneys received by him into some bank
approved by the Governor in Council within seven days next after the receipt
thereof unless the judge otherwise directs, such official liquidator shall be charged in
his account with twenty shillings for any sum amounting to one hundred pounds
and a proportionate sum for any larger amount retained in his hands beyond such
period for every seven days during which the same have been so retained; and
the judge may for any such retention disallow his salary or remuneration or any
part thereof.
(33.) All bills notes and other securities payable to the company or to the official liquida-
tor thereof shall as soon as they come to the hands of the official liquidator unless
the judge otherwise directs be deposited by him in some bank as aforesaid for the

SEVENTH SCHEDULE-continued.

purpose of being presented by the bank for acceptance and payment or for payment only as the case may be. (34.) All orders for payment of debts calls purchase or other moneys due from any contributory or other person shall direct such debts calls or other moneys to be paid into some bank approved for such purpose by the Governor in Council to the account of the official liquidator, unless on account of the smallness of the amount or other cause it shall having regard to the amount of security given by the official liquidator be thought proper to direct payment thereof to the official liquidator. Provided that where any such order has been made directing payment of a specific sum into a bank if it be thought proper for the purpose of enabling the official liquidator to issue execution or take other proceedings to enforce the payment thereof or for any other reason, an order may either before service of such former order or after the time thereby fixed for payment be made without notice for payment of the same sum to the official liquidator.

(35.) At the time of the service of any order for payment into a bank a notice to the
purport or effect set forth in the table of forms annexed to these rules shall be
given by the official liquidator to the party served, for the purpose of informing
him how the payment is to be made; and before the time fixed for such payment
the official liquidator shall furnish the cashier of the bank with a certificate to the
purport or effect set forth in the table of forms hereto, to be signed by such cashier
and delivered to the party paying in the money therein mentioned.

(36.) For the purpose of enforcing any order for payment of money into a bank an
affidavit of the official liquidator to the purport or effect set forth in the table of forms
annexed to these rules shall be sufficient evidence of the non-payment thereof.
(37.) All moneys bills notes and other securities paid and delivered into a bank shall
be placed to the credit of the account of the official liquidator and orders for any
such payment or delivery shall direct the same accordingly.

Investment and Payment out of Moneys.

(38.) All bills notes and other securities paid and delivered into a bank shall be delivered out upon a request signed by the official liquidator and countersigned by the associate of the judge; and moneys placed to the account of the official liquidator shall be paid out upon cheques or orders signed by the official liquidator and countersigned by the associate of the judge.

(39.) All or any part of the money for the time being standing to the credit of the account of the official liquidator at any bank and not immediately required for the purposes of the winding up may be invested in the purchase of Government securities in the name of the officia! liquidator. All such investments shall be made by a bank upon a request signed by the official liquidator and countersigned by the associate of the judge; and such request shall be a sufficient authority for debiting the account with the purchase money; and such securities shall not afterwards be sold or transferred or otherwise dealt with, except upon a direction for that purpose signed by the official liquidator and countersigned by the associate of the judge or under an order to be made by the judge.

(40.) All dividends and interest to accrue due upon any such securities shall from time to time be received by the bank under a power of attorney to be executed by the official liquidator and placed to the credit of the account of such official liquidator.

Meeting of Creditors or Contributories.

(41.) When the judge directs a meeting of the creditors or contributories of the company to be summoned, the official liquidator shall give notice in writing seven clear days before the day appointed for such meeting to every creditor or contributory of the time and place appointed for such meeting and of the matter upon which the judge desires to ascertain the wishes of the creditors or contributories; or if the judge so direct such notice may be given by advertisement, in which case the object of the meeting need not be stated and it shall not be necessary to insert such advertisement in the Government Gazette.

(42.) At any such meeting the votes may be given either personally or by proxy, but Lo creditor shall appoint a proxy who is not a creditor of the company whose debt or claim has been allowed, and no contributory shall appoint a proxy who is not a contributory of the company.

(43.) The direction of the judge for any such meeting and the appointment of a person to act as chairman thereof shall be testified by a memorandum signed by the judge's associate.

Direction or Sanction of the Judge.

(44.) The sanction of the judge to the drawing accepting making and endorsing of any bill of exchange or promissory note by any official liquidator shall be testified by a memorandum on such bill of exchange or promissory note signed by the judge's

27 VICTORIA, No. 190.

27 VICTORIA, No. 190.

SEVENTH SCHEDULE-continued.

(45.) Every application for the sanction of the judge to a compromise with any contributory or other person indebted to the company shall be supported by the affidavit of the official liquidator that he has investigated the affairs of such contributory or person and stating his belief that the proposed compromise will be beneficial to the company and his reasons for such belief; and the sanction of the judge thereto shall be testified by a memorandum signed by his associate upon the agreement of compromise, unless any party shall desire to appeal from the decision of the judge in which case an order shall be drawn up for that purpose.

(46.) The direction or sanction of the judge for any other proceeding or act to be taken or done by the official liquidator shall be obtained upon summons, and an order shall be drawn up thereon unless the judge otherwise direct.

(47.) Every application under the one hundred and twenty-first the one hundred and twenty-second and the one hundred and twenty-fifth sections of the foregoing Act shall be made by petition or motion or if the judge so direct by summons at chambers; and every application under the one hundred and fifty-second and the one hundred and fifty-third sections shall be made by petition.

(48.) When an advertisement is required for any purpose except where these rules otherwise direct, the advertisement shall be inserted once in the Government Gazette and in such other newspaper or newspapers and for such number of times as may be directed. The judge may in such cases as he thinks fit dispense with any advertisement required by these rules.

Orders.

(49.) All orders made in chambers in the matter of the winding up of any company shall
be drawn up in chambers unless otherwise specially directed.
(50.) All orders made in chambers shall be filed in the office of the Chief Commissioner
of Insolvent Estates.

(51.) All orders exhibits memorandums admissions and office copies of affidavits exami-
nations depositions certificates and all other documents relating to the winding up
of any company shall be filed by the official liquidator as far as may be in one
continuous file and such file shall be kept by the official liquidator or otherwise as
the judge may from time to time direct. Every contributory of the company and
every creditor thereof whose debt or claim has been allowed shall be entitled at all
reasonable times to inspect such file free of charge and at his own expense to take
copies or extracts from any of the documents comprised therein, or to be furnished
with such copies or extracts at a rate not exceeding one shilling per common law
folio; and such file shall be produced in court or before the judge and otherwise
as occasion requires.

Admission of Documents.

(52.) Any party to any proceeding in court or chambers relating to the winding up of a company may by notice in writing call on any other party therein competent to admit the same to admit any document saving all just exceptions; and in case of refusal or neglect so to admit the costs of proving the document shall be paid by the party so neglecting or refusing, unless the judge is of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice have been given, except in cases where the omission to give the notice is in the opinion of the taxing officer a saving of expense.

Affidavits.

(53.) When an order has been made for the winding up of any company, any person intending to use any affidavit in any proceeding under such order shall file the same and give notice thereof to the official liquidator. The person other than the official liquidator filing the affidavit shall not be required to take an office copy thereof; but an office copy thereof shall be taken by the official liquidator, and he shall produce the same at the hearing of any application or proceeding upon which it is intended to be used unless the judge otherwise direct.

Attendance and Appearance of Parties,

(54.) Every person for the time being on the list of contributories of the company left at the chambers of the judge by the official liquidator and every person having a debt or claim against the company allowed by the judge shall be at liberty at his own expense to attend the proceedings before the judge and shall be entitled upon payment of the costs occasioned thereby to have notice of all such proceedings as he shall by written request desire to have notice of; but if the judge be of opinion that the attendance of any such person upon any proceeding has occasioned any additional costs which ought not to be borne by the funds of the company, he may direct such costs or a gross sum in lieu thereof to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same.

SEVENTH SCHEDULE-continued.

(55.) The judge may from time to time appoint any one or more of the contributories or creditors as he thinks fit to represent before him at the expense of the company all or any class of the contributories or creditors upon any question as to a compromise with any of the contributories or creditors or in or about any other proceedings before him relating to the winding up of the company and may remove the person or persons so appointed. In case more than one person shall be so appointed, they shall unite in employing the same solicitor to represent them.

(56.) No contributory or creditor shall be entitled to attend any proceedings at the chambers of the judge unless and until he has entered in a book to be kept there for that purpose his name and address and the name and address of his solicitor (if any) and upon any change of his address or of his solicitor his new address and the name and address of his new solicitor.

Provisional Liquidator.

(57.) All the above rules relating to an official liquidator shall so far as circumstances will permit and subject in each case to the directions of the judge apply to a provisional liquidator.

Services of Summonses, Notices, &c.

(58.) Services upon contributories and creditors shall be effected (except when personal
service is required) by sending the notice or a copy of the summons or order or
other proceeding through the post in a prepaid letter addressed to the solicitor (if
any) of the party to be served or otherwise to the party himself at the address
entered or last entered pursuant to the above rule, or if no such entry has been
made then if a contributory to his last-known address or place of abode and if a
creditor to the address given by him pursuant to the foregoing rule; and such
notice or copy summons order or other proceeding shall be considered as served at
the time the same ought to be delivered in the due course of delivery by the post
office and notwithstanding the same may be returned by the post office.
(59.) No service under these rules shall be deemed invalid by reason of the christian name
or any of the christian names of the person on whom service is sought to be made
being omitted or designated by initial letters in the list of contributories or in the
summons notice order or other document wherein the name of such contributory or
creditor is contained, if the judge is satisfied that such service has been in other
respects sufficient.

Termination of Winding up.

(60.) Upon the termination of the proceedings in chambers for the winding up of any
company a balance-sheet shall be brought in by the official liquidator of his
receipts and payments and verified by his affidavit. And the official liquidator
shall pass his final account and the balance (if any due thereon) shall be certified.
And upon payment of such balance as the court or judge shall direct the recog-
nizance entered into by the official liquidator and his sureties may be vacated.
(61.) When the official liquidator has passed his final account and the balance (if any)
certified to be due thereon has been paid in such manner as the judge directs, a
certificate shall be made by the associate that the affairs of the company have been
completely wound up; and in case the company has not been already dissolved the
official liquidator shall immediately after such certificate has become binding apply
for an order that the company be dissolved from the date of such order.
(62.) When the proceedings for winding up any company have been completed the file of
proceedings in the office of the Chief Commissioner of Insolvent Estates (if any).
and the book containing the account of the official liquidator shall be deposited in'
the Registrar-General's office.

(63.) Where no mode of proceeding is prescribed by these rules for any application
authorised under this Act to be made to the court and there is no mode of pro-
ceeding defined according to the general practice of the court, such application
may be made by summons in chambers or in such other manner as the court may
direct.
(64.) The solicitor of the official liquidator shall conduct all such proceedings as are
ordinarily conducted by solicitors of the court; and where the attendance of his
solicitor is required in any proceeding in court or chambers, the official liquidator
need not attend in person except in cases where his presence is necessary in addition
to that of his solicitor or the judge shall direct him to attend.

(65.) The power of the court and of the judge sitting in chambers to enlarge or abridge
the time for closing any act or taking any proceeding to adjourn or review any
proceeding and to give any direction as to the course of proceeding is unaffected
by these rules.

27 VICTORIA, No. 190.

27 VICTORIA, No. 190.

SEVENTH SCHEDULE-continued.

Forms.

(66.) The forms set forth or referred to in the Table of Forms annexed to these rules with such variations as the circumstances of each case may require may be used for the respective purposes mentioned in the titles of such forms.

FORMS.

No. 1.-Advertisement of Petition.

186 presented to the

In the matter of "The Companies Statute 1864" and of the company. Notice is hereby given that a petition for the winding up of the above-named company by the court [or subject to the supervision of the court] was on the day of by the said company [or by A.B. of a creditor (or contributory) of the said company (or as the case may be)] And the said petition is directed to be heard on the day of and any creditor or contributory of the said company desirous to oppose the making of an order for the winding up of the said company under the above Act should appear at the time of hearing by himself or his counsel for that purpose and a copy of the petition will be furnished to any creditor or contributory of the said company requiring the same by the undersigned on payment of the regulated charge for the same.

C. and D. of &c. [agents for E. and F. of &c.]

Solicitors for the petitioner.

In the Supreme Court.

No. 2.-Affidavit verifying Petition.

In the matter &c.

186

I A.B. of &c. make oath and say that such of the statements in the petition now produced and shown to me and marked with the letter A as relate to my own acts and deeds are true and such of the said statements as relate to the acts and deeds of any other person or persons I believe to be true.

Sworn &c.

Upon the petition of the above-named company [or A.B. of &c. a creditor [or contributory] of the above-named company] on the

preferred unto

day of

day of

and upon hearing counsel for the petitioner and for

day of

day of

186

and upon reading the said petition an affidavit of (the said petitioner) filed &c. verifying
the said petition an affidavit of L.M. filed the
186 the
Government Gazette of the
the Argus newspaper of the
[enter any other papers] each containing an advertisement
of the said petition [enter any other evidence] His Honor [or this court] doth order that
the said
company be wound up by this court under the provisions of "The
Companies Statute 1864."

No. 4.-Order for Winding up subject to Supervision.

In the Supreme Court

day the

In the matter &c.

of

186

Upon the petition &c. His Honor [or this court] doth order that the voluntary winding up of the said company be continued but subject to the supervision of this court and any of the proceedings under the said voluntary winding up may be adopted as the judge shall think fit. And the creditors contributories and liquidators of the said company and all other persons interested are to be at liberty to apply to the judge at chambers as there may be occasion.

on the petition of the above-named comp ny [or A,B. of it was ordered that &c. [as in order].

day

C. and D. of &c.
Solicitors for the said petitioner.