566

 

Proceedings
where claim
not
adnitted,

Casts of

proof.

Certine:
as to
creditors,

Ch. 31. No. 1.] Compante.

in pursuance of such notices respectively, and the amounts of such
debts or claims, and some competent officer or officers of the company
shall join in such affidavit, and shall in such list distinguish which (if
any) of such debts and claims are wholly, or as to any and what part
thereof, admitted by the company, and which (if any) of such debts
and claims are wholly, or as to any and what part thereof, disputed by
the company, and which (ifany) of such debts and claims are alleged
by the company to be wholly, or as to any and what part thereof, not
meluded in the inquiry. Such affidavit shall also state which of the
persons who are entered in the list as creditors and which of the
persons who have sent tn particulars of their debts or claims in
pursuance of such notice. as aforesaid have been paid or have
consented to the proposed reduction. Such affidavit may be in the
form No. 5 set out in the Appendix with such variations as the
circumstances of the case may require.

(g) Tf the company contends that a person is not entitled to be
entered in the list of creditors in respect of any debt or claim whether
admitted or not or ifany debt or claim, the particulars of which ate
so sent in, shall not be admitted by the company at its full amount,
then and in every such case, unless the company is willing to
appropriate in such manner as the Judge shall direct the full amount
of such debt or claim, the company shall, if the Judge think {it so
to direet, send to the creditor a notice that he is required to come in
and establish lis title toe be entered on the list or as the case may
be te come in and prove such debt or claim or such part thereof as
is not admitted by the company, by a day to be therein named,
being net less than four clear days after such notice, and being the
time appointed by the Judge for adjudicating upon such titles, debts
and claims and such notice shall be sent in the manner mentioned in
paragraph (@) of this rule, and may be in the form No. 6 set out in
the Appendix with such variations as the circumstances of the case

AV Tequire.

(2) Such creditors as come in to prove their titles, debts or claims
iN pursuance of any such notice as is mentioned in paragraph (g) of this
tule shall be allowed their costs of proof against the company and be
answerable for costs, in the same manner as in the case of persons
coming in te prove debts under an administration judgment.

(?) The result of the settlement of the list of creditors shall be
stated in a certificate by the Registrar of the Supreme Court, and
such certificate shall state what debts or claims (if any) have been
disallowed, and shall distinguish the debts or claims the full amount
of which the company is willing to appropriate, and the debts or
claims (if anv) the amount of which has been fixed by inquiry and
adjudication in manner provided by section 58 (2) of the Ordinance,
and these rules, and the debts or claims (if any) the full amount
of which the company does not admit or is not willing to appropnate
or the amount of which has not been fixed by inquiry and adjudication
as aforesaid; and shall show which of the creditors have consented
io the proposed reduction, and the total amount of the debts due
to them, and the total amount of the debts or claims the payment