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167. General rules may be made for enabling or requir- Delegation ing all or any of the powers and duties couferred and to liquidator imposed on the court by this Ordinance, in respect of the of certain matters following, to be exercised or performed by the powers of liquidator as an officer of the court, and subject to the 8 Edw. 7 c. control of the court; that is to say, the powers and duties 69 s. 173. of the court in respect of-
(4) holding and conducting meetings to ascertain the wishes of creditors and contributories; (6) settling lists of contributories and rectifying the register of members where required, and collect- ing and applying the assets;
() requiring delivery of property or documents to
the liquidator;
(d) making calls:
(e) fixing a time within which debts and claims
must be proved :
Provided that the liquidator shall not, without the special leave of the court, rectify the register of members, and shall not make any call without either the special leave of the court or the sanction of the committee of inspection.
Extraordinary Powers of Court.
court.
sons sus-
168.-(1) The court may, after it has made a winding- Power to up order, summon before it any officer of the company or summon per- person known or suspected to have in his possession any pected of property of the company or supposed to be indebted to the having po company, or any person whom the court deems eapable of perty of com- giving information concerning the trade, dealings, affairs, any. or property of the company.
(2) The court may examine him on oath concerning the ame, either by word of mouth or on written interrogatories, and may reduce his auswers to writing and require him to sign them.
(3) The court may require him to produce any books and papers in his custody or power relating to the com- pany; but, where he claims any len o books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.
(4) If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impe- diment (made known to the court at the time of its sitting, and allowed by it), the court my cause him to be appre- hended, and brought before the court for examination,
in
b. s. 174.
169.-(1) When an order has been made for winding Power to up a company by the court, and the official receiver has' order public made a further report muder this Ordinance stating that in examination his opinion a fraud has been committed by any person
of promoters, directors, &c. the promotion or formation of the company, or by any 7b, s. 175. director or other officer of the company in relation to the company since its formation, the court may, after cousider- ation of the report, direct that any person who has taken any part in the promotion or formation of the company, or has been a director, er officer of the company, shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the businesses of the company, or as to his conduct and dealings as director or officer thereof.
(2) The official receiver shall take part in the examina- tion, and for that purpose may, if specially authorised by the court in that behalf, employ a solicitor with or without counsel.
(3) The liquidator, where the official receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or - counsel,
(4) The court may put such questions to the person examined as the court thinks fit.
(5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.
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