Nov. 20.]

THE NEW ZEALAND GAZETTE.

3687

THE SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

NOTE.—The copy for service of the above order must be endorsed as follows:—

“ If you, the undermentioned A.B., neglect to obey this order by the time mentioned therein you will be liable to process of execution, for the purpose of compelling you to obey the same.”

No. 54. (Rule 68.)

AFFIDAVIT OF SERVICE OF ORDER FOR PAYMENT OF CALL.

(Title.)

I, J.B., of, &c., make oath and say as follows :—

1. I did on the — day of —, 19—, personally serve G.F., of —, &c., with an order made in this matter by this Court, dated the — day of —, 19—, whereby it was ordered [Set out the order] by delivering to and leaving with the said G.F., at —, a true copy of the said order, and at the same time producing and showing unto him, the said G.F., a copy of the said order duly sealed with the seal of the Court.

2. There was endorsed on the said copy when so served the following words—that is to say, “If you, the undermentioned G.F., neglect to obey this order by the time mentioned therein, you will be liable to process of execution, for the purpose of compelling you to obey the same.”

Sworn, &c.

No. 55. (Rules 69–74.)

PROOF OF DEBT. GENERAL FORM.

(Title.)

(a) Fill in full name, address, and description of deponent. If proof made by creditor, strike out clauses (b) and (c). If made by clerk of creditor, strike out (c). If by clerk or agent of the company, strike out (b). (d) Insert “me and to C.D., and E.F., my co-partners in trade” (if any), or, if by clerk or agent insert name, address, and description of principal.

I, (a) —, of —, —, make oath and say:

(b) That I am in the employ of the undermentioned creditor, and that I am duly authorized by — to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.

(c) That I am duly authorized, under the seal of the company hereinafter named, to make the proof of debt on its behalf.

1. That the above-named company was, at the date of the (*) order for winding-up the same, viz., the — day of —, 19—, and still is justly and truly indebted to (d) — in the sum of — pounds — shillings and — pence for (e) — as shown by the account endorsed hereon [or by the following account—viz, ], for which sum or any part thereof I say that I have not nor hath (f) — or any person by (g) — order to my knowledge or belief for (g) — use had or received any manner of satisfaction or security whatsoever, save and except the following (h) :—

Admitted to vote for

£ : :

the day

of —, 19—.

Official Assignee
[or Liquidator].

Admitted to rank for dividend for

£ : :

this day

of —, 19—.

Official Assignee
[or Liquidator].

Sworn at —, this — day of —, 19—,

[Deponent's Signature.]

Before me—

A Solicitor of the Supreme Court of New Zealand.
or [A duly authorized Clerk of the] Official Assignee at
or Liquidator of the above-named company.

NOTE.—The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Official Assignee before the time named in the notice convening the meeting.

(*) Where before the presentation of the petition for the winding-up of a company by the Court a resolution has been passed by the company for voluntary winding-up, the date of the commencement of the winding-up must be substituted for the date of the winding-up order (see section 176 of the Companies Act, 1933.)

NOTE THIS.

(e) State consideration [as goods sold and delivered by me (and my said partner) to the company between the dates of or moneys advanced by me in respect of the undermentioned bill of exchange] or, as the case may be.

(f) “My said partners or any of them,” or “the above-named creditor” [as the case may be].

(g) “My,” or “our,” or “their,” or “his” (as the case may be).

(h) [Here state the particulars of all securities held, and where the securities are on the property of the company assess the value of the same, and if any bills or other negotiable securities be held, specify them in the schedule.]

N.B.—Bills of exchange or other negotiable securities must be produced before the proof can be admitted.