594

Service of
notice of a
call.

Forms 44, 48,
50 and 51

Enforcement
of call

Ferms 52, 53,
and 54,

Proof o
debt.

Verification
of prool.

Centents of
preof,

Ferm 54.

Statement
of security,

TPreof before
whom sworn.

Costs of
proof,

iscount,

Periodical
payments.

Ch. 31. No. 1.] Compantes.

 

71. When a call has been made by the Liquidator in a winding up by
the Court, a copy of the resolution of the Committee of Inspection or order
of the Court (if any), as the case may be, shall forthwith after the call has
been made be served upon each of the contributories included in such
call, together with a notice from the Liquidator specifying the amount
or balance due from such contributory in respect of such call, but such
resolution or order need not be advertised unless for any special reason
the Court so directs.

72. The payment of the amount due from each contnbutory on a call
may be enforced by order of the Court, to be made in Chambers on
summons by the Liquidator.

Proofs.

73. In a winding up by the Court every creditor shall subject as
hereinafter provided prove his debt, unless the Judge in any particular
winding up shall give directions that any creditors or class of creditors
shall be admitted without proof.

74. A debt may be proved in any winding up by delivering or sending
through the post an affidavit verifying the debt. In a winding up by the
Court the affidavit shall be so sent to the Official Receiver or if a Liquidator
has been appointed, to the Liquidator; and in any other winding up the
affidavit may be so sent to the Liquidator.

75. An affidavit proving a debt may be made by the creditor himself
or by some person authorised by or on behalf of the creditor. If made
by a person so authorised, it shall state his authority and means of
knowledge.

76. An affidavit proving a debt shall contain or refer to a statement of
account showing the particulars of the debt, and shall specify the vouchers,
if any, by which the same can be substantiated. The Official Receiver or
Liquidator to whom the proof is sent may at any time call for the
production of the vouchers.

77, An affidavit proving a debt shall state whether the creditor is or is
not a secured creditor.

78. An affidavit proving a debt may in a winding up by the Court be
sworn before the Official Receiver, or Assistant Official Receiver.

79. A creditor shall bear the cost of proving his debt unless the Court
otherwise orders.

80. A creditor proving his debt shall deduct therefrom (a) any discount
which he may have agreed to allow for payment in cash in excess of
five per centum on the net amount of his claim and (8) all trade discounts.

81. When any rent or other payment falls due at stated periods, and
the order or resolution to wind up is made at any time other than one
of those periods, the persons entitled to the rent or payment may prove
for a proportionate part thereof up to the date of the winding up order
or resolution as if the rent or payment grew due from day to day:
Provided that where the Liquidator remains in occupation of premises