Ordinance

No. 10 of 1931.

Resolutions passed at adjourned meetings of creditors and contri- butories, 19 & 20 Geo. 5, c. 23, s. 287.

Meetings to ascertain wishes of creditors or contribu- tories.

19 & 20 Geo. 5, c. 23, s. 288.

Judicial notice of signature of officers.

19 & 20 Geo. 5, c. 23, s. 289.

Affidavits, &c. in

Colony and dominions. 19 & 20 Geo. 5, c. 23,

s. 293.

1634

pay the said money to the Companies Liquidation Account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.

#

(2) For the purpose of ascertaining and getting in any money payable into the Bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section one hundred and thirty of the Bankruptcy Ordinance, 1931, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.

(3) Any person claiming to be entitled to any money paid into the Bank in pursuance of this section may apply to the official receiver for payment thereof, and the official receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due,

(4) Any person dissatisfied with the decision of the official receiver in respect of a claim made in pur- suance of this section may appeal to the Court.

272. Where after the commencerment of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a com- pany, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.

Supplementary Powers of Court.

278.-(1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the com- pany, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining 'those wishes, direct meetings of the creditors or contributories to be called, held, and conducted in such manner as the court directs, and may appoint a person to act as chairman of any such meeting and to report the result thereof to the court.

(2) In the case of creditors, regard shall be had to the value of each creditor's debt.

(3) In the case of contributories, regard shall be had to the number of votes conferred on each con- tributory by this Ordinance or the articles,

274. In all proceedings under this Part of this Ordinance, all courts, judges, and persons judicially acting, and all officers, judicial or ministerial, of any court, or employed in enforcing the process of any court, shall take judicial notice of the signature of any officer of the Supreme Court, and also of the official seal or stamp of the several offices of the Supreme Court, appended to or impressed on any document made, issued, or signed under the pro- visions of this Part of this Ordinance, or any official copy thereof.

275-(1) Any affidavit required to be sworn under the provisions or for the purposes of this Part of thie Ordinance may be sworn in the Colony, or elsewhere within the dominions of His Majesty, before any court, judge, or person lawfully authorised to take and receive affidavits (or, within the limits of the China Orders in Council, before any officer of the Supreme Court for China lawfully authorised to take and receive affidavits) or before any of His Majesty's consuls or vice-consuls in any place outside His Majesty's dominions.

Share This Page