564

Summons
tor direc-
tions.

Affidavit as
to creditors,

Form of
athdavit,

Ch. 31. No. 1.] Com paitte,

A respondent to an originating summons issued pursuant to rule 6
or rule 8 of these rules shall not be required to enter an appearance except
where such summons is issued pursuant to paragraph (A) or paragraph (7)
of rule 8

10. (1) Where the petition has been presented pursuant to para-
graphs (2), (0), (¢), (@), (4) or (7) of rule 5 of these rules, or where an Weer
is souglit uncer section 152 of the Ordinance, an application shall,
every case, be made, by summons in Chambers, to the Judge, for dire ctions
as to the proceedings to be taken.

(2) Upon the hearing of the summons, or upon any adjourned
hearing or hearings thereof or any subsequent application, the Judge may
make such order or orders and give such directions as he may think fit
as to all the proceedings to be take n, and more particularly with respect
to the following matters, that is to say-

(a) the publication of notices;

(/) in cases where the Court orders an inquiry as to the debts,
claims or labitty of or affecting a company or as to any of such
debts, claims or liabilitie,, the proceedings io be taken for settling
the list of creditors entitled to object, including the dispensing with
the observance of section 58 (2) of the Ordinance as regards any
class or chisses of creditors, fixing the date with reference to which
the list of such creditors is to be made out, and generally fixing
a time for and giving directions as to all other necessary or proper
steps in the matter whether expressly mentioned in any of these
rules or not,

In such cases the first order upon the summons for directions may
be in the form No. Uoin the Appendix with such variations as_ the
circumstances may require,

11. Tncases where the Court has ordered ; such inquiry aforesaid,
the following provisions shall apply:

(a) The company shall, within seven days after such order or such
further or other time as the Judge may allow, file in the office of the
Registrar of the Supreme Court an allidavit made by some officer or
officers of the company competent to make the same, verifying a list
containing so far as possible the names and addresses of the creditors
of the company to whom such inquiry extends. The said list shall
also contain the amounts due to the creditors therein named

Tespectively in respect of debts, claims or liabilities to which the
inquiry extends, or in the case of any such debt payable on a
contingency or not ascertained or any such claim admissible to proof
in winding up of the company the -alue, so far as can be justly
‘stimated, of such debt or claim,

(6) The person making any such affidavit shall state therein his
belief that the list verified by such affidavit is correct, and that there
was hot at the date so fixed as aforesaid any debt, claim or liability
which, if that date were the commencement of the winding up of the
company would be admissible in proof against the company, except
the debts, claims and liabilities set forth in such list and any debts
claims or Hablities to which the inquiry does not extend, and shall