Power of court to as-
against de- linquent directors, &c. 8 Edw. 7 0. 69 s. 215.
-$76
(2) In the case of a winding up by the court the exer- cise by the liquidator of the powers of this section shall be subject to the control of the court, and any creditor or contributory may apply to the court with respect to any of those powers.
205.-(1) Where in the course of winding up a com- pany it seas damages formation or promotion of the company, or any past or appears that any person who has taken part in the
present director, manager, or liquidator, or any officer of the
company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of trust in relation to the company, the court may, on the application of the official receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel bim to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the court thinks just.
Ordinance
No. 7 of 1891.
Falsification of books mis-
demeanor. ♫b, s. 216.
Prosecution
Ib. 8. 217.
(2) This section shall apply notwithstanding that the offence is one for which the offender may be criminally respousible.
(3) Where in the case of a winding up an order for payment of money is made under this section, the order shall be deemed to be a final judgment within the meaning of paragraph (7) of subsection (1) of section three of the Bankruptcy Ordinance, 1891.
206. If any director, officer, or contributory of any company being wound up destroys, mutilatos, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or do-ument belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanor,
207.—(1) If it appears to the court in the course of a of delinquent winding up by or subject to the supervision of the court directors, &e that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally res- ponsible, the court may on the application of any person interested in the winding up, or of its own motion, direct the liquidator to prosecute for the offence, and may order the costs and expenses to be paid out of the assots of the company.
Penally on perjury, 76. 9. 218.
Meetings to ascertain wishes of creditors or contribu- tories. Zb. s. 219.
(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the liquidator, with the previous sanction of the court, may prosecute the offender, and expenses properly incurred by him in the prosecution shall be payable out of the assets of the company in priority to all other liabilities.
20. If any person, on examination on oath authorised under this Ordinance or in any affidavit or deposition in or about the winding up of any company or otherwise in or about any matter arising under this Ordin mee wilfully and corruptly gives false evidence, he shall be liable to the penalties for wilful perjury.
209.-(1) Where by this Ordinance the court is autho- rised, in relation to winding up, to have regard to the wishes of creditors or contributories, as proved to it by any sufficient evidence, the court 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.
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