384
THE HONGKONG GOVERNMENT GAZETTE, 8TM OCTOBER, 1864.
Registrar to make
minute of Dissolution
of Company.
Penalty on not re-
porting Dissolution of
Company.
Petition to be Lis Pendens.
Power to Court to summon Persons be-
Company.
CX. Any Order so made shall be reported by the Official Liquidator to the Re- gistrar who shall make a Minute accordingly in his Books of the Dissolution of such Company.
CXI. If the Official Liquidator makes default in reporting to the Registrar, in the case of a Company being wound-up by the Court, the Order that the Company be dis solved, he shall be liable to a Penalty not exceeding Fifty Dollars for every Day during which he is so in default.
CXII. Any Petition for winding-up a Company by the Court under this Ordinance shall constitute a Lis Pendens within the terms of Ordinance No. 1 of 1856, provided that the Memorial be signed by the Petitioners and contained their Names and Additions and the Name of the Company whose Estate is intended to be affected thereby and the Day when the said Petition was filed, and the Sum of Money if any in Controversy and so that the said Memorial be verified in other respects as by Ordinance No. 3 of 1844 is in the Case of Judgments provided.
Extraordinary Powers of Court.
CXIII. The Court may, after it has made an Order for winding-up the Company, fore it suspected of summon before it any Officer of the Company or Person known or suspected to have having Property of in his possession any of the Estate or Effects of the Company, or supposed to be in- debted to the Company; or any Person whom the Court may deem capable of giving information concerning the Trade, Dealings, Estate, or Effects of the Company; and the Court may require any such Officer or Person to produce any Books, Papers, Deeds, Writings, or other Documents in his Custody or Power relating to the Company; and if any Person so summoned, after being tendered a reasonable Sum for his Expenses, refuses to come before the Court at the time appointed, having no lawful impediment (made known to the Court at the time of its sitting, and allowed by it), the Court may cause such Person to be apprehended, and brought before the Court for Examination; nevertheless, in cases where any Person Claims any Lien on Papers, Deeds, or Writings or Documents produced by him, such production shall be without prejudice to such Lien, and the Court shall have Jurisdiction in the winding-up to determine all questions relating to such Lien.
Examination of Par- ties by Court.
Contributory about to.
CXIV. The Court may examine upon Oath, either by word of Mouth or upon written interrogatories, any Person appearing or brought before them in Manner afore- said concerning the Affairs, Dealings, Estate, or Effects of the Company, and may reduce into writing the Answers of every such Person, and require him to subscribe the same. Power to arrest CXV. The Court may, at any time before or after it has made an Order for wind-, abscond, or to remove ing-up a Company, upon proof being given that there is probable cause for believing ur conceal any of his that any Contributory to such Company is about to quit this Colony, or otherwise abscond, or to remove or conceal any of his Goods or Chattels, for the purpose of evading payment of Calls, or for avoiding examination in respect of the Affairs of the Company, cause such Contributory to be arrested, and his Books, Papers, Monies, Securities for Monies, Goods, and Chattels to be seized, and him and them to be safely kept until such time as the Court may order.
Property.
Powers of Court cumulative.
Power to enforce Orders.
Appeals from Or- ders.
CXVI. Any Powers by this Ordinance conferred on the Court shall be deemed to be in addition to and not in restriction of any other Powers subsisting, either at Law or in Equity, of instituting Proceedings against any Contributory, or the Estate of any Contributory, or against any Debtor of the Company for the recovery of any Call or other Sums due from such Contributory or Debtor, or his Estate, and such Pro- ceedings may be instituted accordingly.
Enforcement of and appeal from Orders.
CXVII. All Orders made by the Court under this Ordinance may be enforced in the same manner in which Orders of the said Supreme Court in its Equity Jurisdiction made in any Suit pending therein may be enforced.
CXVIII. Rehearings of and Appeals from any Order or Decision made or given in the matter of the winding-up of a Company by any Court having Jurisdiction under this Ordinance, may be had in the same manner and subject to the same Conditions in and subject to which Appeals may be had from any Order or Decision of the same Court in cases within its Ordinary Jurisdiction; subject to this Restriction, that such Rehearing or Appeal shall be heard unless Notice of the same is given within Three