582

Form 1]

List of
names and
addresses of
persons who
appear on
the petition,
Form 12.

Ch. 31. No. 1.] Companies.

of the property of which the Provisional Liquidator is ordered to take
possession, and the duties to be performed by the Provisional Liquidator.

(3) Subject to any order of the Court, if no order for the winding
up of the company is made upon the petition, or if an order for the
winding up of the company on the petition is rescinded, or if all
proceedings on the petition are stayed, or if an order is made continuing
the voluntary winding up of the company subject to the supervision
of the Court, the Provisional Liquidator shall be entitled to be paid
out of the property of the company, all the costs, charges, and expenses
properly incurred by him as Provisional Liquidator, including such sum
as is or would be payable under the scale of fees for the time being in
force where the Official Receiver is appointed Provisional Liquidator,
and may retain out of such property the amounts of such costs, charges,
and expense. .

(4) Where any person other than the Official Receiver has been
appointed Provisional Liquidator and the Oficial Receiver has taken any
steps for the purpose of obtaining a statement of affairs or has performed
any other duty preseribed by these rules the Provisional Liquidator shall
pay the Official Receiver such sum, if any, as the Court directs.

Hearing of petitions and orders made thereon,

25. After a petition has been presented, the petitioner, or his solicitor
shall, on a day to be appointed by the Registrar of the Supreme Court,
attend before the said Registrar and satisfy him that the petition has been
duly advertised, that the prescribed affidavit verifving the statements
therein and the affidavit of service (ifany) have been duly filed, and that
the provisions of the rules as to petitions for winding up companies have
been duly complied with by the petitioner. No order for the winding up
of a company shall be made on the petition of any petitioner who has
not, prior to the hearing of the petition, attended before the said Registrar
at the time appointed, and satistied him in manner required by this rule.

26. Every person who intends to appear on the hearing of a petition
shall serve on, or send by post to, the petitioner, or his solicitor, at the
address stated in the advertisement of the petition, notice of his intention.
The notice shall contain the address of such person, and shall be signed by
him or by his solicitor, and shall be served, or if sent by post shall be
posted in such time as in ordinary course of post to reach the address
not later than six o'clock in the afternoon of the day previous to the day
appointed for the hearing of the petition, or if such day be a Monday,
not later than one o'clock in the afternoon of the Saturday previous to
such day. The notice shall be in form 11 with such variations as
circumstances may require. A person who has failed to comply with
this rule shall not, without the special leave of the Court, be allowed to
appear on the hearing of the petition.

27. The petitioner, or his solicitor, shall prepare a list of the names and
addresses of the persons who have given notice of their intention to appear
on the hearing of the petition, and of their respective solicitors, which shall
be in form 12. On the day appointed for hearing the petition a fair copy