1494
THE NEW ZEALAND GAZETTE.
[No. 76

Official Liquidator, or may require the same, or any of them,
to be proved by the claimants, and adjourn the adjudication
thereon to a time to be then fixed; and the Official Liquida-
tor shall give notice to the creditors whose debts or claims
have been so allowed of such allowance.

27. The Official Liquidator shall give notice to the creditors
    whose debts or claims have not been allowed upon his affi-
    davit that they are required to come in and prove the same
    by a day to be therein named, being not less than four days
    after such notice, and to attend at a time to be therein
    named, being the time appointed by the advertisement or
    by adjournment, as the case may be, for adjudicating upon
    such debts and claims.

28. The value of such debts and claims as are made ad-
    missible to proof by section 219 of the said Act shall, so far
    as is possible, be estimated according to the value thereof at
    the date of the order to wind up the company.

29. Interest on such debts and claims as shall be allowed
    shall be computed, as to such of them as lawfully carry
    interest, after the rate they respectively carry.

30. Such creditors as come in and prove their debts or
    claims pursuant to notice from the Official Liquidator shall
    be allowed their costs of proof, in the same manner as in the
    case of debts proved in a cause.

31. The result of the adjudication upon debts and claims
    shall be stated in a certificate to be made by the Registrar;
    and certificates as to any of such debts and claims may be
    made from time to time. All such certificates shall state
    whether the debts or claims are allowed or disallowed, and
    whether allowed as against any particular assets, or in any
    other qualified or special manner.

List of Contributories.

32. The Official Liquidator shall, with all convenient
    speed after his appointment, or at such time as the Judge
    shall direct, make out and leave at the Supreme Court
    office a list of the contributories of the company, and such
    list shall be verified by the affidavit of the Official Liquidator,
    and shall, so far as is practicable, state the respective ad-
    dresses of, and the number of shares or extent of interest to
    be attributed to, each such contributory, and distinguish the
    several classes of contributories; and such list may from
    time to time, by leave of the Judge, be varied or added to by
    the Official Liquidator.

33. Upon the list of the contributories being left at the
    Supreme Court office the Official Liquidator shall obtain
    an appointment for the Judge to settle the same, and shall
    give notice in writing of such appointment to every person
    included in such list, and stating in what character and for
    what number of shares or interest such person is included in
    the list; and, in case any variation or addition to such list
    shall at any time be made by the Official Liquidator, a
    similar notice in writing 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 addi-
tion.

34. The result of the settlement of the list of contributories
    shall be stated in a certificate by the Registrar; and certifi-
    cates may be made from time to time for the purpose of
    stating the result of such settlement down to any particular
    time, as to any particular person, or stating any variation of
    the list.

Sales of Property.

35. Any real or personal property belonging to the com-
    pany may be sold, with the approbation of the Judge, in the
    same manner as in the case of a sale under an order of
    the Court in an action, 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, on any sale by public
    auction, fix a reserved bidding; and, unless, on account of the
    small amount of the purchase-moneys or other cause, it shall
    having regard to the amount of the 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 purchasers into the bank to the account of
    the Official Liquidator of the company.

Calls.

36. Every application to the Judge to make any call on
    the contributories or any of them for any purpose authorised
    by the said Act shall be made by summons, stating the pro-
    posed 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.

37. When any order for a call has been made a copy
    thereof shall be forthwith served upon each of the contribu-
    tories 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
the said Act) in respect of such call; but such order need
not be advertised unless, for any special reason, the Judge
shall so direct.

38. 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 neces-
    sary; 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 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 for
    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 re-
    spectively.

Payment-in of Moneys and Deposit of Securities.

39. If any Official Liquidator shall not pay all the moneys
    received by him into the bank to the account of the Official
    Liquidator of the company within seven days next after the
    receipt thereof, unless the Judge shall have otherwise
    directed, such Official Liquidator shall be charged in his
    account with ten shillings for every £100, and a proportionate
    sum for any larger amount, retained in his hands beyond such
    period, for every seven days during which the same shall
    have been so retained; and the Judge may, for any such
    retention, disallow the salary or remuneration of such Official
    Liquidator.

40. All bills, notes, and other securities payable to the
    company or to the Official Liquidator thereof shall, as soon
    as they shall come to the hands of such Official Liquidator,
    be deposited by him in the bank for the purpose of being pre-
    sented by the bank for acceptance and payment, or for pay-
    ment only, as the case may be.

41. All orders for payment of calls, balances, or other
    moneys due from any contributory or other person shall
    direct the same to be paid into the bank to the account
    of the Official Liquidator of the company, unless, on
    account of the smallness of the amount or other cause, it
    shall (having regard to the amount of the 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 the bank, in case it shall be thought proper for
    the purpose of enabling the Official Liquidator to issue
    execution or take other proceedings to enforce the pay-
    ment 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 the payment
    of the same sum to the Official Liquidator.

42. At the time of the service of any order for payment
    into the bank the Official Liquidator shall give to the party
    served a notice, to the purport or effect set forth in Form 40
    in the Third Schedule hereto, 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 fur-
    nish the cashier of the bank with a certificate to the
    purport or effect set forth in Form 41 in the Third Schedule
    hereto, to be signed by such cashier, and delivered to the
    party paying in the money therein mentioned.

43. For the purpose of enforcing any order for payment of
    money into the prescribed bank an affidavit of the Official
    Liquidator, to the purport or effect set forth in Form 43 in
    the Third Schedule hereto, shall be sufficient evidence of the
    non-payment thereof.

44. All moneys, bills, notes, and other securities paid and
    delivered into the bank shall be placed to the credit of the
    account of the Official Liquidator of the company, and
    orders for any such payment and delivery shall direct the
    same accordingly.

Delivery-out of Securities, and Payment-out and Investment
of Moneys.

45. All bills, notes, and other securities delivered into the
    bank shall be delivered out upon a request signed by the
    Official Liquidator and countersigned by the Registrar. Any
    moneys placed to the account of the Official Liquidator shall
    be paid out upon cheques signed by the Official Liquidator
    and countersigned by the Registrar.

46. All or any part of the money for the time being stand-
    ing to the credit of the account of the Official Liquidator at
    the bank, and not immediately required for the purposes of
    the winding-up, may, on the order of the Judge, be invested
    in the purchase of Government securities in New Zealand,
    issued by or under the authority of the Government of New
    Zealand by virtue of an Act of the General Assembly, and
    secured upon the revenues of the colony, or placed at fixed
    deposit in any bank in New Zealand to be named in the
    order, and for such time and for such amount as the Judge