3654

General proxies.
Imp. r. 147

Special proxies.
Imp. r. 148

Solicitation by
liquidator to
obtain proxies.
Imp. r. 149

Proxies to
Official
Assignee or
liquidator.
Imp. r. 150

Holder of proxy
not to vote on
matter in
which he is
financially
interested.
Imp. r. 151

Proxies.
Imp. r. 152
Forms 71 and 72

Use of proxies
by deputy.
Imp. r. 153
Form 68

Filling in where
creditor blind
or incapable.
Imp. r. 154

Attendance at
proceedings.
Imp. r. 155

THE NEW ZEALAND GAZETTE.

[No. 84

126. A creditor or a contributory may give a general proxy to any person.

127. A creditor or a contributory may give a special proxy to any person to vote at any specified meeting or adjournment thereof—
     (a) For or against the appointment or continuance in office of any specified person as liquidator or member of the committee of inspection; and
     (b) On all questions relating to any matter other than those above referred to and arising at the meeting or an adjournment thereof.

128. Where it appears to the satisfaction of the Court that any solicitation has been used by or on behalf of a liquidator in obtaining proxies or in procuring his appointment as liquidator except by the direction of a meeting of creditors or contributories, the Court if it thinks fit may order that no remuneration be allowed to the person by whom or on whose behalf the solicitation was exercised notwithstanding any resolution of the committee of inspection or of the creditors or contributories to the contrary.

129. A creditor or a contributory in a winding-up by the Court may appoint the Official Assignee or liquidator and in a voluntary winding-up the liquidator or if there is no liquidator the Chairman of a meeting to act as his general or special proxy.

130. No person acting either under a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place himself or his partner or employer in a position to receive any remuneration out of the estate of the company otherwise than as a creditor rateably with the other creditors of the company: Provided that where any person holds special proxies to vote for an application to the Court in favour of the appointment of himself as liquidator he may use the said proxies and vote accordingly.

131. (1) A proxy intended to be used at the first meeting of creditors or contributories, or an adjournment thereof, shall be lodged with the Official Assignee not later than the time mentioned for that purpose in the notice convening the meeting or the adjourned meeting, which time shall be not earlier than twelve o'clock at noon of the day but one before, nor later than twelve o'clock at noon of the day before the day appointed for such meeting, unless the Court otherwise directs.
     (2) In every other case a proxy shall be lodged with the Official Assignee or liquidator in a winding-up by the Court, with the company at its registered office for a meeting under section 234 of the Act, and with the liquidator or, if there is no liquidator, with the person named in the notice convening the meeting to receive the same in a voluntary winding-up, not later than four o'clock in the afternoon of the day before the meeting or adjourned meeting at which it is to be used.
     (3) No person shall be appointed a general or special proxy who is a minor.

132. Where an Official Assignee who holds any proxies cannot attend the meeting for which they are given he may, in writing, depute some person in his employment or under his official control, or being an officer of the Public Service to use the proxies on his behalf and in such manner as he may direct.

133. The proxy of a creditor blind or incapable of writing may be accepted, if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and address: Provided that all insertions in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request and in the presence of the creditor before he attached his signature or mark.

ATTENDANCE AND APPEARANCE OF PARTIES.

134. (1) Every person for the time being on the list of contributories of the company and every person whose proof has been admitted shall be at liberty, at his own expense, to attend proceedings, 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 Court shall be of opinion that the attendance of any such person upon any proceedings has occasioned any additional costs which ought not to be borne by the funds of the company, it 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.