Sivut kuvina
PDF
ePub
[blocks in formation]

Upon the application &c. and upon reading &c. the judge doth hereby nominate R.P.H. of &c. official liquidator of the above-named company. And it is ordered that the said R.P.H. do on the day of

day of

and

186

and the same days in each succeeding year leave his accounts at the chambers of the said
judge. And it is ordered that all moneys to be received by the said R.P.H. be paid into
the Bank of
to the credit of the account of the official liquidator of the said
company within seven days after the receipt thereof. [In case two or more official
liquidators are appointed add And the said judge doth declare that the following acts
required or authorised by the above statute to be done by the official liquidator may be
done by either [or any one or two] of the official liquidators hereby nominated that is to
say [describe the acts] and that all other acts so required or authorised to be done be
done by both [or all] the official liquidators hereby nominated.]

[blocks in formation]

Upon the application &c. and upon reading &c. the judge doth hereby nominate R.P.H. of &c. provisionally official liquidator of the above-named company [add directions as to accounts and payments into the bank as in form No. 6.] And the said judge doth hereby limit and restrict the powers of the said R. P.H. as such provisional official liquidator to the following acts (that is to say) [describe the acts which the provisional official liquidator is to be authorised to do.]

No. 8.-Sanction of Appointment of Solicitor to Official Liquidator and Appointment.
In the matter &c.

His Honor

sanctions the official liquidator appointing a solicitor

to assist him in the performance of his duties.

G.H. Associate.

I hereby appoint Messrs. C. and D. of &c. to be my solicitors in this matter.
Dated this

day of

186 .

R.P.H. Official Liquidator.

No. 9.-Order for payment of Money or delivery of Books &c. to Official Liquidator.

[blocks in formation]

Upon the application of &c. and on reading &c. it is ordered that A.B. of &c. do within four days after service hereof pay to [or deliver convey surrender or transfer to or into the hands of] R.P.H. the official liquidator of the said company at the office of the said R.P.H. situate at &c. the sum of £ being the amount of debt appearing to be due from the said A.B. on his account with the said company [or any sum or balance books papers estate or effects] [or specifically describe the property] now being in the hands of the said A.B. and to which the said company is primâ facie entitled [or otherwise as the case may be.]

[blocks in formation]

An order dated the

day of

Bank of

186

matter by His Honor

186 having been made in the above for winding up the above-named company by

the Supreme Court under the provisions of the said Act and R P.H. of

having by order dated the

[blocks in formation]

liquidator of the said company, you are requested to open an account to be entitled "The

27 VICTORIA, No. 190.

27 VICTORIA, No. 190.

SEVENTH SCHEDULE-FORMS-continued.

Account of the Official Liquidator of the

to the said Act.

Company," in your books pursuant

All cheques drawn upon such account must be signed by the official liquidator whose signature is attached hereto and countersigned by the associate of the said judge whose signature is also attached hereto.

I am Gentlemen

[blocks in formation]

The creditors of the above-named company are required on or before the day of 186 to send their names and addresses and the particulars of their debts or claims and the names and addresses of their solicitors (if any) to R.P.H. of the official liquidator of the said company and if so required by notice in writing from the said official liquidator are by their solicitors to come in and prove their said debts or claims at the chambers of His Honor at such time as shall be specified in such notice or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

at

day the

o'clock in the

Dated this

day of

186

noon at the said chambers is appointed for hearing

and adjudicating upon the debts and claims.

In Chancery.

day of

[merged small][ocr errors][merged small]

No. 13.-Affidavit of Official Liquidator as to Debts and Claims.

In the matter &c.

IR.P.H. of &c. the official liquidator of the above-named company make oath and say as follows:

1. I have in the paper writing now produced and shown to me and marked with the letter A set forth a list of all the debts and claims the particulars of which have been sent in to me by persons making claims upon or claiming to be creditors of the said company pursuant to the advertisement issued in that behalf dated the day of

186 and the names and addresses of the persons by whom such claims are made.

2. I have investigated the said debts and claims and examined the same with the books and documents of the said company in order to ascertain so far as I am able which of such debts and claims are justly due from the said company and I have in the first part of the said list set forth such of the said debts and claims or parts thereof as in my opinion are justly due from the said company and proper to be allowed without further evidence and I have in the sixth column of the said first part of the said list set forth the amounts proper to be allowed in respect of such debts and claims and I believe that such amounts respectively are justly due and proper to be allowed and I have in the seventh column of the said first part of the said list stated my reasons for such belief.

3. I have in the second part of the said list set forth such of the said debts and claims as in my opinion ought to be proved by the respective creditors.

[blocks in formation]

List of debts and claims of which the particulars have been sent in to the official liquidator.

This paper writing marked A was produced and shown to R.P.H. and is the same as is referred to in his affidavit sworn before me this

[blocks in formation]

SEVENTH SCHEDULE-FORMS-continued.

FIRST PART.-Debts and Claims proper to be allowed without further Evidence.

27 VICTORIA, No. 190.

[blocks in formation]

SECOND PART.-Debts and Claims which ought to be proved by the Creditors.

[blocks in formation]

£

The debt claimed by you in this matter has been allowed by the judge at the sum of [If part only allowed add If you claim to have a larger sum allowed you are hereby required to come in and prove the further amount claimed &c. as in the next form.]

I am &c.

To Mr. P.R.

R.P,H. Official Liquidator.

No. 16.-Notice to Creditors to come in and prove their Debts.

In the matter &c.

You are hereby required to come in and prove the debt claimed by you against the above-named company by filing your affidavit and giving notice thereof to me on or before the next and you are to attend by your solicitor

day of

at the chambers of His Honor

[blocks in formation]

on the

day of

noon being the time appointed for hearing

To Mr. S.T.

R.P.H. Official Liquidator.

No. 17.-Affidavit of Creditor in proof of Debt.

In the Supreme Court.

In the matter &c.

I S.T. of &c. make oath and say as follows:

1. The above-named company was on the

day of

186 the date of the order for winding up the same and still is justly and truly indebted to me in the sum of £ for &c. [Describe shortly the nature of the debt and exhibit any security for it and in the case of a trade debt exhibit a bill of parcels and verify the reasonableness of the charges as in proving a debt in a suit.]

2. I have not nor hath nor have any person or persons by my order or to my knowledge or belief for my use received the said sum of £ or any part thereof or any

27 VICTORIA, No. 190.

SEVENTH SCHEDULE-FORMS-continued.

security or satisfaction for the same or any part thereof [if any security add] except the said [describe the security] hereinbefore mentioned or referred to.

[ocr errors][merged small][merged small][merged small]

In pursuance of the directions given to me by His Honor

I hereby certify that the result of the adjudication upon debts and claims against the
above-named company brought in pursuant to the advertisement issued in that behalf
dated the
186 so far as such adjudication has up to the date

day of

this certificate been proceeded with is as follows:

The debts and claims which have been allowed are set forth in the First Schedule hereto and with the interest thereon and costs mentioned in the said schedule are due to the persons therein named and amount altogether to £

I have in the first part of the said schedule set forth such of the said debts and claims as carry interest and the interest thereon has been computed after the rate they respectively carry down to the date of this certificate.

I have in the second part of the said schedule set forth such of the said debts and claims as do not carry interest and the interest thereon has been computed at the rate of £4 per centum per annum from the 186 being the date of the

day of

said order to wind up the company down to the date of this certificate.
The claims set forth in the Second Schedule hereto have been brought in by the
persons therein named and have been disallowed.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

Upon application at my office No.

£

S.

d.

G.H. Associate.

street Melbourne on or after the

instant between the hours of ten and four o'clock you may receive a cheque for the amount of your debt allowed in this matter as under :

:

Principal
Interest

...

[blocks in formation]

£

£

If you cannot attend personally the cheque will be delivered to your order upon your filling up and signing the subjoined form.

The bills or securities (if any) held by you must be produced at the time of such

[blocks in formation]

I, R.P.H. of &c. the official liquidator of the above-named company make oath and say as follows:

1. The paper writing now produced and shown to me and marked with the letter A contains a list of the contributories of the said company made out by me from the books and papers of the said company together with their respective addresses and the number of shares [or extent of interest] to be attributed to each and such list is to the best of my knowledge information and belief a true and accurate list of the contributories of the said company so far as I have been able to make out and ascertain the same.

2. I have in the first part of the said list marked A distinguished the persons who are contributories in their own right.

3. I have in the second part of the said list marked A distinguished the persons who are contributories as being representatives of or being liable to the debts of others.

Sworn, &c.

[blocks in formation]

This list of contributories marked A was produced and shown to R.P.H. and is the same list of contributories as is referred to in his affidavit sworn before me this

day of

186

W.B., &c.

27 VICTORIA, No. 190.

« EdellinenJatka »