THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1864.
Alteration of Forms.
379
alter Forms in
LXX. The Forms set forth in the Second Schedule hereto, or Forms as near thereto The Governor may as circumstances admit, shall be used in all Matters to which such Forms refer; His Schedule. Excellency the Governor may from time to time make such Alterations in the Tables and Forms contained in the First Schedule hereto, and in the Forms in the Second Schedule, or make such Additions to the last-mentioned Forms, as he deems requisite; any such Table or Form, when altered, shall be published in the Hongkong Government Gazette, and upon such Publication being made such Table or Form shall have the same force as if it were included in the Schedule to this Ordinance, but no Alteration made by His Excellency the Governor in the Table marked A. contained in the First Schedule shall affect any Company registered prior to the date of such Alteration, or repeal, as respects such Company, any Portion of such Table.
Arbitrations.
nies to refer matters to Arbitration.
LXXI. Any Company under this Ordinance may from time to time, by writing Power for Compa- under its Common Seal, agree to refer and may refer to Arbitration, in accordance with the Provisions of an Act of the Imperial Parliament, "The Railway Companies Arbitra- tion Act, 1859," any existing or future Difference, Question, or other Matter whatsoever in dispute between itself and any other Company or Person, and the Companies parties to the Arbitration may delegate to the Person or Persons to whom the Reference is made power to settle any Terms or to determine any Matter capable of being lawfully settled or determined by the Companies themselves, or by the Directors or other managing Body of such Companies. For the purposes of the Application of the said Act to this Ordinance the Words Board of Trade therein occurring shall be read as meaning His Excellency the Governor of this Colony and the Words “Any of Her Majesty's Supreme Courts of record at Westminster or as the case may be at Dublin" shall be read as meaning the Supreme Court of this Colony.
Vict. c. 59, to apply.
LXXII. All the Provisions of the said Imperial Act "The Railway Companies Provisions of the Im- Arbitration Act, 1859," shall be deemed to apply to Arbitrations between Companies perial Act 22 & 23 and Persons in pursuance of this Ordinance, and in the construction of such Provisions "the Companies" shall be deemed to include Companies authorized by this Ordinance to refer disputes to Arbitration.
PART IV.
WINDING-UP OF COMPANIES AND ASSOCIATIONS UNDER THIS ORDINANCE.
Priliminary.
LXXIII. The Term "contributory" shall mean every Person liable to contribute Meaning of Contri- to the Assets of a Company under this Ordinance, in the event of the same being wound butory. up: it shall also, in all Proceedings for determining the Persons who are to be deemed Contributories, and in all Proceedings prior to the final Determination of such Persons, include any Person alleged to be a Contributory.
of Contributory.
LXXIV. The liability of any Person to contribute to the Assets of a Company Nature of Liability under this Ordinance in the event of the same being wound up, shall be deemed to create a Debt of the Nature of a specialty Debt accruing due from such Person at the Time when his liability commenced, but payable at the Time or respective Times when Calls are made as hereinafter mentioned for enforcing such Liability; and it shall be lawful in the case of the Bankruptcy of any Contributory to prove against his Estate the estimated value of his Liability to future Calls, as well as Calls already made.
Contributories in
LXXV. If any Contributory dies either before or after he has been placed on the List of Contributories herein-after mentioned, his personal Representatives, Heirs, and case of Death. Devisees shall be liable in a due course of Administration to contribute to the Assets of the Company in discharge of the Liability of such deceased Contributory, and such personal Representatives, Heirs, and Devisees shall be deemed to be Contributories accordingly.
Contributories in
LXXVI. If any contributory becomes Bankrupt, either before or after he has been placed on the List of Contributories, his Assignees shall be deemed to represent such case of Bankruptcy. Bankrupt for all the Purposes of the winding-up, and shall be deemed to be Contributories accordingly, and may be called upon to admit to proof against the Estate of such Bankrupt, or otherwise to allow to be paid out of his Assets in due course of Law, any