SECOND PART.-Contributories as being Representatives of or liable to the Debts of at No. 22.-Notice to Contributories of Appointment to settle List of Contributories. In the matter, &c. has appointed the of the clock in the day of noon at his chambers 186 to settle His Honor the list of the contributories of the above-named company made out and left at the chambers of the said judge by the official liquidator of the said company and you are included in such list in the character and for the number of shares [or extent of interest] stated below and if no sufficient cause is shown by you to the contrary at the time and place aforesaid the list will be settled by the said judge including you therein. Dated this day of 186 R.H.P., Official Liquidator. I W.S. of &c. clerk to Messrs. C. and D. of &c. the solicitors of the official liquidator of the above-named company make oath and say as follows: 1. The first six columns of the schedule now produced and shown to me and marked with the letter A contain a true copy of the list of contributories of the said company made out and left at the chambers of His Honor by the said official 186 and now on the file of pro liquidator on the day of day of ceedings of the said company as I know from having on the day of SEVENTH SCHEDULE-FORMS-continued. second third and fourth columns of the said schedule marked A except that in the tabular form at the foot of such copies respectively I inserted the number on list name address description in what character included and number of shares [or extent of interest] of the person on whom such copy of the said notice was served in the same words and figures as the same particulars are set forth in the said schedule marked A. 3. I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively or their solicitors according to their respective names and addresses appearing in the said schedule marked A and with the proper postage stamps affixed thereto as prepaid letters into the post-office receivinghouse No. street in the county of between the hours in 27 VICTORIA, No. 190. of day of and of the clock in the noon of the said This schedule marked A was produced and shown to W.S. and is the same schedule as is referred to in his affidavit sworn before me this day of 186 W.B. &c. No. 25.-Supplemental List of Contributories and Affidavits in support. In the Supreme Court. In the matter &c. I R.P.H. of &c. the official liquidator of the above-named company make oath and say as follows :— day of Since leaving at the chambers of the judge the list of the contributories in this matter on the 186 it has come to my knowledge that the several persons whose names are set forth in the supplemental list of contributories now produced and shown to me and marked with the letter B are or have been holders of shares in [or members of] the said company and to the best of my judgment information and belief such persons are contributories of the said company. 2. The said supplemental list marked B contains the names of such persons 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 true and accurate. 3. I have in the first part of the said list marked B distinguished such of the said persons as are contributories in their own right. 4. I have in the second part of the said list marked B distinguished such of the said persons as are contributories as being representatives of or being liable to the debts of others. Sworn &c. No. 26.-Supplemental List of Contributories referred to in preceding Form. In the matter &c. B. This supplemental list of contributories marked B was produced and shown to R.P.H. and is the same supplemental list of contributories as referred to in his affidavit sworn before me this day of 186 W. B. &c. NOTE-The supplemental list is to be made out in the same form as the original list Form No. 23. 27 VICTORIA, No. 190. SEVENTH SCHEDULE-FORMS-continued. No. 27.-Certificate of Associate of Settlement of the List of Contributories. In the matter &c. In pursuance of the directions given to me by His Honor I hereby certify that the result of the settlement of the list of contributories of the 186 pursuant to the above statute and the rules thereof in that behalf so far as the said list has been settled up to the date of this certificate is as follows: 1. The several persons whose names are set forth in the second column of the first schedule hereto have been included in the said list of contributories as contributories of the said company in respect of the number of shares [or extent of interest] set opposite the names of such contributories respectively in the said schedule. I have in the first part of the said schedule distinguished such of the said several persons included in the said list as are contributories in their own right. I have in the second part of the said schedule distinguished such of the said several persons included in the said list as are contributories as being representatives of or being liable to the debts of others. 2. The several persons whose names are set forth in the second column of the second schedule hereto have been excluded from the said list of contributories. 3. I have in the seventh column of the said first and second schedules set forth opposite the name of each of the said several persons respectively the date when such person was included in or excluded from the said list of contributories. The evidence produced &c. SECOND PART.- Contributories as being Representatives of or liable to the Debts of Others. Upon the application of W.N. to review the list of contributories of the said company in respect of the inclusion of the said W.N. therein and that his name may be excluded therefrom and upon hearing counsel &c. and upon reading &c. it is ordered that the name of the said W.N. be excluded from the said list of contributories [or the judge doth not think fit to make any order on the said application except that the said W.N. do pay to R.P.H. the official liquidator of the said company his costs of this application to be taxed by the Taxing Master in case the parties differ]. No. 29.-Affidavit of Official Liquidator in support of Proposal for Call. In the Supreme Court. In the matter &c. I RP.H, of &c. the official liquidator of the above-named company make oath and say as follows: 1. I have in the schedule now produced and shown to me and marked with the letter A set forth a statement showing the amount due in respect of the debts allowed against the said company and the estimated amount of the costs charges and expenses of and incidental to the winding up the affairs thereof and which several amounts form in the aggregate the sum of £ or thereabouts. 2. I have also in the said schedule set forth a statement of the assets in hand belonging to the said company amounting to the sum of £ and no more. There are no other assets belonging to the said company except the amounts due from certain of the contributories of the said company and to the best of my information and belief it will be impossible to realise in respect of the said amounts more than the sum of £ thereabouts. 3. It appears by the associate's certificate dated the day of or 186 that shares. 4. For the purpose of satisfying the several debts and liabilities of the said company and of paying the costs charges and expenses of and incidental to the winding up the affairs thereof I believe the sum of £ will be required in addition to the amount of the assets of the said company mentioned in the said schedule A and the said sum of £ it is necessary to make a call 5. In order to provide the said sum of £ upon the several persons who have been settled on the list of contributories as before mentioned and having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call I believe that for the purpose of realising the amount required as before mentioned it is necessary that a call of £ per share should be made. on the Sworn &c. No. 30.-Summons for Intended Call. In the matter &c. Let all parties concerned attend at my chambers in the day the day of 186 at noon on the hearing of an application on the part of the official liquidator of the above-named company that a call to the amount of £ of the clock in per share may be made on all the contributories [or if upon any particular class specify the same] of the said company. This summons was taken out by A. and B. of solicitor for the said official liquidators. To Mr. A.B. of &c. a contributor of the said company } proposed to be included in the said call. No. 31.-Advertisement of Intended Call. of the said company [or as the case may be] and the official liquidator of the said company proposes that such call shall be for £ to attend at such day hour and place to offer objections to such call. day of Dated this per share. All persons interested are entitled 186 G.H. Associate. 27 VICTORIA, No. 190. an Upon the application of the official liquidator of the above-named company and upon reading two orders dated the day of 186 and the day of 186 the associate's certificate dated the affidavit of the said official liquidator filed A therein referred to and an affidavit of that a call of 186 filed 186 and the exhibit marked 186 It is ordered pounds per share be made on all the contributories of the said company [or as the case may be] And it is ordered that each such contributory do on or day of to the 186 pay into the Bank of company the amount which will be before the No. 33.-Notice to be served with the General Order for a Call. In the matter &c. The amount due from you A.B. in respect of the call made by the above [or within] to the account mentioned in the said order. You can pay the same in person or through street R.P.H. Official Liquidator. No. 34.-Affidavit in support of Application for order for payment of Call due from In the Supreme Court. In the matter &c. I R.P.H. of &c. the official liquidator of the above-named company make oath and say as follows: 1. None of the contributories of the said company whose names are set forth in the schedule hereunto annexed marked A have paid or caused to be paid the respective sums set opposite their respective names in the said schedule and which sums are the respective amounts now due from them respectively in respect of the call of £ per share in pursuance of the order of the judge in that behalf dated the day of 2. The respective amounts or sums set opposite the names of such contributories respectively in such schedule are the true amounts due and owing by such contributories respectively in respect of the said call. NOTE. In addition to the above affidavit an affidavit of the service of the order and notice (Nos. 32 and 33) will be required. |