3704

THE NEW ZEALAND GAZETTE.
[No. 84

the proposed reduction, and the total amount of the debts due to them,
and the total amount of the debts or claims the payment of which has been
secured in manner provided by section 68 (2) of the Act, and the persons
to or by whom the same are due or claimed. The said certificate shall
also state what creditors have under paragraph (y) of this rule come in and
sought to establish their title to be entered on the list and whether such
claims have been allowed or not, but it shall not be necessary to make in
such certificate any further or other reference to any creditors who are
not entitled to be entered on the list or to any debts or claims to which the
inquiry does not extend or to show therein the several amounts of the
debts or claims of any persons who have consented to the proposed reduction
or the payment of whose debts or claims has been secured as aforesaid.

(j) The consent of any creditor, whether in respect of a debt due or
presently due, or a debt payable on a contingency or not ascertained, or
a claim admissible to proof in a winding-up of the company, may be
evidenced in any manner which the Judge shall think reasonably sufficient,
having regard to the amount of his debt or claim and all the circumstances
of the case.

(k) The petition shall not be heard until the expiration of at least eight
clear days from the filing of such certificate as is mentioned in paragraph
(i) of this rule.

(l) Before the hearing of the petition, notices stating the day on which
it is appointed to be heard shall be published at such times and in such
newspapers as the Judge shall direct. Such notices may be in the form
No. 7 in the Schedule hereto, with such variations as the circumstances
of the case may require.

13. Unless in any particular case the Court shall otherwise direct,
    every order sanctioning the issue of shares at a discount shall contain a
    direction that an office copy of such order shall be delivered to the Registrar
    of Companies for registration within seven days from the date thereof or
    within such further or other time as the Court may allow, and that the
    order shall not take effect till such office copy has been so delivered.

14. Where an application is made under section 160 of the Act the order
    may be in the form No. 8 in the Schedule hereto, with such variations as
    the circumstances of the case may require.

SCHEDULE.
FORMS.

No. 1.-ORDER UPON MOTION FOR DIRECTIONS. (Rule 11 (2) (b).)
In the Supreme Court of New Zealand,
District,
Registry.
No.
In the matter of the Companies Act, 1933,
and
In the matter of , Limited.
Before the Honourable Mr. Justice
, the day of , 19 .
UPON the application of the petitioners by motion dated the day of , 19 ,
and upon hearing the solicitor for the petitioners, and on reading the petition presented
to this Court, the affidavit of [In support of petition], the affidavit of [Service of notices
convening meetings] and the exhibits therein respectively referred to: And it appearing
that the special resolution for the reduction of the capital of the said company referred
to in the said petition has been duly passed: [It is ordered that section 68 (2) of the
Act shall not apply to (Here set out class of creditors to whom section 68 (2) of the Act is
not to apply) and] it is ordered that an inquiry be made as to what are the debts, claims,
and liabilities of or affecting the said company on the day of , 19
[other than debts, claims, or liabilities in respect of (Here set out any debts, claims, or
liabilities which have been excluded from the provisions of section 68 (2) of the Act by the
earlier part of the order)], and that notice of the presentation of the said petition and
that a list of creditors to whom such inquiry extends is to be made out as of the said
day of , 19 , be inserted in [the newspapers] on the day
of and [Other times of insertion].
By the Court,
, Registrar.

No. 2.-AFFIDAVIT VERIFYING LIST OF CREDITORS. (Rule 12 (b).)
In the Supreme Court of New Zealand,
District,
Registry.
No.
In the matter of the Companies Act, 1933,
and
In the matter of , Limited.
I, A.B., of , make oath and say as follows:-

1. The paper writing hereunto annexed and marked with the letter A contains a
   list of creditors of and persons having claims upon the above-named company on the
   day of , 19 [the date fixed by the order in this matter dated the
   day of , 19 ], together with their respective addresses and descriptions,
   and the nature and amount of their respective debts or claims, and such list is, to the
   best of my knowledge, information, and belief, a true and accurate list of such creditors
   and persons having claims on the day aforesaid.