Compantes. [Ch. 31. No. 1.

 

(2) The advertisement shall state the day on which the petition
was presented, and the name and address of the petitioner, and of his
solicitor, and shall contain a note at the foot thereof, stating that any
person who intends to appear on the hearing of the petition, either to
Oppose or support, must send notice of his intention to the petitioner,
or to his solicitors within the time and manner prescribed by rule 26,
and an advertisement of a petition for the winding up of a company by
the Court which does not contain such a note shall be deemed irregular.

And if the petitioner or.his solicitor does not within the time hereby
prescribed or within such extended time as the Registrar of the Supreme
Court may allow duly advertise the petition in the manner prescribed by
this rule the appointment of the time and place at which the petition is to
be heard shall be cancelled by the said Registrar and the petition shall be
removed from the file in his office unless the Judge or the said Registrar
shall otherwise direct.

21. Every petition shall, unless presented by the company, be served
upon the company at the registered office, if any, of the company, and if
there is no registered office, then at the principal or last known principal
place of business of the company, if any such can be found, by leaving
a copy with any member, officer, or servant of the company there, or in
case no such member, officer, or servant can be found there, then by
leaving a copy at such registered office or principal place of business,
or by serving it on such member, officer or servant of the company as the
Court may direct; and where the company is being wound up voluntarily,
the petition shall also be served upon the Liquidator (if any), appointed
for the purpose of winding up the affairs of the company.

22. Every petition for the winding up of a company by the Court, or
subject to the supervision of the Court, shall be verified by an affidavit
teferring thereto. Such affidavit shall be made by the petitioner, or by
one of the petitioners, if more than one, or, in case the petition is presented
by a corporation, by some director, secretary, or other principal officer
thereof, and shall be swom after and filed within four days after the
petition is presented, and such affidavit shall be sufficient primd facte
evidence of the statements in the petition.

23. Every contributory or creditor of the company shall be entitled to
be furnished, by the solicitor of the petitioner with a copy of the petition,
within twenty-four hours after requiring same, on paying the rate of eight
cents per folio of seventy-two words for such copy.

Provisional Liquidator.

24. (1) After the presentation of a petition, upon the application of
a creditor, or of a contributory, or of the company, and upon proof by
affidavit of sufficient ground for the appointment of a Provisional
Liquidator, the Court, if it thinks fit and upon such terms as in the opinion
of the Court shall be just and necessary, may make the appointment.

(2) The order appointing the Provisional Liquidator, shall bear the
number of the petition, and shall state the nature and a short description

581

Service of
petition,
Forms 6
and 7

Verification
of petition.

Forms 8
and 9,

Copy of
petition to
be furnished
to creditor
or con-
tributory.

Appoint-
ment of
Provisional
Liquidator.

Form 10.