596

Ch. 31. No. 1.) Companies.

 

Examination
of prook

‘orm 57.

Expuneing
at instance
of

Liquidator,

Expunging
at mstance
of creditor,

Oaths,

Official
Recerver’s
powers,

Filing proofs
by Official
Receiver.

to prove their debts or claims, and to establish any title they may have to
priority under section 250 of the Ordinance or to be excluded from the
benefit of any distribution made before such debts are proved, or as the
case may be from objecting to such distribution.

(2) The Liquidator shall give notice in writing of the day so fixed by
advertisement in such newspaper as he shall consider convenient, and in
a winding up by the Court to every person mentioned in the statement of
affairs as a creditor, and who has not proved his debt, and to every person
mentioned in the statement of affairs as a preferential creditor whose
claim to be a preferential creditor has not been established and is not
admitted, and in any other winding up to the last known address or place
of abode of cach person who, to the knowledge of the Liquidator, claims
to be a creditor or preferential creditor of the company and whose claim
has not been admitted.

(3) All the rules hereinafter set out as to admission and rejection of
proofs shall apply with the necessary variations to any such claim to
priority as aforesaid.

88. The Liquidator shall examine every proof of debt lodged with him,
and the grounds of debt, and in writing admit or reject it, in whole or in
part, or require further evidence in support of it. If he rejects a proof he
shall state in writing to the creditor the grounds of the rejection.

89. If a creditor or contributory is dissatisfied with the decision of
the Liquidator in respect of a proof, the Court may, on the application
of the creditor or contributory, reverse or vary the decision; but, subject
to the power of the Court to extend the time, no application to reverse
or vary the decision of the Liquidator in a winding up by the Court
Tejecting a proof sent to him by a creditor, or person claiming to be
a creditor, shall be entertained, unless notice of the application is given
before the expiration of twenty-one days from the date of the service
of the notice of rejection.

90. If the Liquidator thinks that a proof has been improperly admitted,
the Court may, on the application of the Liquidator, after notice to the
creditor who made the proof, expunge the proof or reduce its amount.

91. The Court may also expunge or reduce a proof upon the application
of a creditor or contributory if the Liquidator declines to interfere in the
matter.

92. Yor the purpose of any of his duties in relation to proofs, the
Liquidator, in a winding up by the Court, may administer oaths and
take affidavits.

93. In a winding up by the Court the Official" Receiver, before the
appointment of a Liquidator, shall have all the powers of a Liquidator
with respect to the examination, admission, and rejection of proofs, and
any act or decision of his in relation thereto shall be subject to the like
appeal.

94. In a winding up by the Court the Official Receiver, where no other
Liquidator is appointed, shall, before payment of a dividend, file all
proofs tendered in the winding up, with a list thereof, distinguishing in