THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1864.
Weeks after any Order complained of has been made, in manner in which Notices of Appeal are ordinarily given, according to the practice of the Court appealed from, unless such Time is extended by the Court of Appeal: Provided that it shell be lawful for the Lord Warden of the Stammaries, by a Special or General Order, to remit at once any Appeal allowed and regularly lodge with him against any Order or Decision of the Vice-Warden made in the matter of a winding-up to the Court of Appeal in Chancery, which Court shall thereupon hear and determine such Appeal and have Power to require all such Certificates of the Vice-Warden, records of Proceedings below, Documents, and Papers as the Lord Warden would or might have required upon the Hearing of such Appeal, and to exercise all other the Jurisdiction and Powers of the Lord Warden specified in the Act of Parliament passed in the Eighteenth Year of the Reign of Her present Majesty, Chapter Thirty-two, and any Order so made by the Court of Appeal in Chancery shall be final, without any further Appeal.
385
he taken of Signature
CXIX. In all Proceedings under this part of this Ordinance, all Courts, Judges, Judicial Notice to and Persons judicially acting, and all other Officers, Judicial or Ministerial, offerre. any Court, or employed in enforcing the process of any Court, shall take Judicial Notice of the Signature of any Officer of the Courts of Chancery or Bankruptcy in England or in Ireland, or of the Court of Session in Scotland, or of the Registrar of the Court of the Vice-Warden of the Stannaries, and also of the Official Seal or Stamp of the several Offices of the Courts of Chancery or Bankruptcy in England or Ireland, or of the Court of Sessions in Scotland, or of the Court of the Vice-Warden of the Stannaries, when such Seal or Stamp is appended to or impressed on any Document made, issued, or signed under the Provisions of this part of the Ordinance, or any Official Copy thereof.
Court may Order the Examination of
CXX. The Court may direct the Examination in Scotland of any Person for the time being in Scotland, whether a Contributory of the Company or not, in regard to Persons in Scotland. the Estate, Dealings, or Affairs of any Company in the course of being wound up, or in regard to the Estate, Dealings, or Affairs of any Person being a Contributory of the Company so far as the Company may be interested therein by reason of his being such Contributory, and the Order or Commission to take such Examination shall be directed to the Sheriff of the County in which the Person to be examined is residing or happens. to be for the Time, and the Sheriff shall Summon such Person to appear before hiin at a Time and Place to be specified in the Summons for Examination upon Oath as a Witness or as a Haver, and to produce any Books, Papers, Deeds, or Documents called for which may be in his possession or power, and the Sheriff may take such Examination either orally or upon written Interrogatories, and shall report the same in writing in the usual form to the Court, and shall transmit with such report the Books, Papers, Deeds, or Documents produced, if the Originals thereof are required and specified by the Order, or otherwise such Copies thereof or Extracts therefrom, authenticated by the Sheriff, as may be necessary; and in case any Person so summoned fails to appear at the Time and Place specified, or appearing refuses to be examined or to make the production required, the Sheriff shall proceed against such Person as a Witness or Haver duly cited, and failing to appear or refusing to give Evidence or make production. may be proceeded against by the Law of Scotland; and the Sheriff shall be entitled to such and the like Fees, and the Witness shall be entitled to such and the like allow- ances, as Sheriffs when acting as Commissioners under appointment from the Court of Session and as Witnesses and Havers are entitled to in the like cases according to the Law and practice of Scotland: if any objection is stated to the Sheriff by the Witness, either on the ground of his incompetency as a Witness, or as to the production required to be made, or on any other ground whatever, the Sheriff may, if he thinks fit, report such Objection to the Court, and suspend the Exrmination of such Witness until such Objection has been disposed of by the Court.
be sworn in Ireland,
sen.
CXXI. Any Affidavit, Affirmation, or Declaration required to be sworn or made, Amidavits, &c., may under the Provisions or for the purposes of this part of this Ordinance, may be lawfully that, or the Colo- sworn or made in Great Britain or Ireland, or in any Colony, Island, Plantation, or uies before any com- Place under the Dominion of Her Majesty in Foreign parts, before any Court, Judge, perent Court or Per- or Person lawfully authorised to take and receive Affidavits, Affirmations, or Decla- rations, or before any of Her Majesty's Consuls or Vice-Consuls, in any Foreign parts out of Her Majesty's Dominions, and all Courts, Judges, Justices, Commissioners, and Persons acting judicially shall take Judicial Notice of the Seal or Stamp or Signature (as the case may be) of any such Court, Judge, Person, Consul, or Vice-Consul at- tached, appended, or subscribed to any such Affidavit, Affirmation, or Declaration, or to any other Document to be used for the purposes of this part of this Ordinance.