APRIL 17, 1858.]
The Hongkong Government Gazette.
(2.) Liquidators shall be appointed for the Purpose of Winding-up the Affairs of the Company and
distributing the Property;
(3.) The Company in General Meeting may appoint such Person or Persons as it thinks fit to be a
Liquidator or Liquidators, and may fix the Remuneration to be paid to them:
(4.) If One Person only is appointed, all the Provisions herein contained in reference to several
Liquidators shall apply to him:
(5.) When several Liquidators are appointed, every Power hereby given may be exercised by any
Two of them:
(6.) The Liquidators may at any Time after the passing of the Resolution for winding-up the Com- pany, and before they have ascertained the Sufficiency of the Assets of the Company, or the Debts in respect of which the several Classes of Contributories are liable, call on all or any of the Contributories to the Extent of their Liability to pay all or any Sums they deem necessary to satisfy the Debts of the Company and the Costs of winding it up, and they may in making a Call take into consideration the Probability that some of the Contributories upon whom the same is made may partly or wholly fail to pay their respective Portions of the same:
(7.) The Liquidators shall have all Powers herein-before vested in Official Liquidators, and may
exercise the same without the Intervention of the Court:
(8.) All Books, Papers, and Documents in the Hands of the Liquidators shall at all reasonable
Times be open to the Inspection of the Shareholders:
(9.) When the Creditors are satisfied, the Liquidators shall proceed to adjust the Rights of the Contributories amongst themselves, and for the purposes of such Adjustment they may make Calls on all the Contributories to the Extent of their Liability for any Sums they may deem necessary, and they may in making a Call take into consideration the Probability that some of the Contributories upon whom the same is made may partly or wholly fail to pay their respec- tive Portions of the same:
(10.). As soon as the Affairs of the Company are fully wound-up, the Liquidators shall make up an Account showing the Manner in which such Winding-up has been conducted, and the Property of the Company disposed of; and such Account, with the Vouchers thereof, shall be laid before such Person or Persons as may be appointed by the Company to inspect the same; and upon such Inspection being concluded the Liquidators shall proceed to call a General Meeting of the Shareholders for the Purpose of considering such Account; but no such Meet- ing shall be deemed to be duly held unless One Month's previous Notice, specifying the Time, Place, and Object of such Meeting, has been published, as respects Companies registered in England in the London Gazette, and as respects Companies registered in Scotland in the Edinburgh Gazette, and as respects Companies registered in Ireland in the Dublin Gazette : (11.) Such General Meeting shall not enter upon any Business except the Consideration of the Account; but the Meeting may proceed to the Consideration thereof, notwithstanding the Quorum required by any Regulation of the Company to be present at General Meetings is not present thereat; and if, on Consideration, the Meeting is of opinion that the Affairs of the Company have been fairly wound-up, they shall pass a Resolution to that Effect, and there- upon the Liquidators shall publish a Notice of such Resolution, as respects Companies registered in England in the London Gazette, and as respects Companies registered in Scotland in the Edinburgh Gazette, and as respects Companies registered in Ireland in the Dublin Gazette, and shall also make a Return to the Registrar of Joint Stock Companies of such Resolution, and on the Expiration of One Month from the Date of the Registration of such Return the Company shall be deemed to be dissolved:
(12.) If within One Year after the passing of a Resolution for a winding-up the Affairs of the Com- pany such Affairs are not wound-up, the Liquidators shall immediately thereafter make up an Account showing the State of the Affairs and the Progress which has been made in winding-up down to that Date, and they shall add thereto a Report stating the Reason why the Wind- ing-up has not been completed, and a General Meeting shall be called to consider the same, and so on from Year to Year until the Winding-up of the Affairs of the Company is completed: All Costs, Charges, and Expenses properly incurred in the voluntary Winding-up of a Company, including the Remuneration of the Liquidators, shall be payable out of the Assets of the Company in priority to all other Claims.
CV. The voluntary Winding-up of a Company shall not prejudice the Right of any Creditor of such Company to institute Proceedings for the Purpose of having the same wound-up by the Court.
Saving of Rights of Creditors.
CXV. The Certificate of Incorporation given to any existing Company, in pursuance of this Act, Certificate to be shall be conclusive Evidence that all the Requisitions herein contained in respect of Registration under Evidence of Compli-
ance with Act. this Act have been complied with, and the Date of such Certificate shall be deemed to be the Date at which the Company is incorporated under this Act.
FORM H
For England and Ireland.
Indenture of Mortgage made between the "London Gas Company, Limited," of the one Part, and "John
Smith" of the other Part.
Whereas the said "John Smith" has advanced to the said Company the Sum of One thousand Pounds, en condition that the Company will repay the same to him on the First Day of January next, with Interest thereon in the meantime at the Rate of Five Pounds per Centum; and in the event of their not repaying the same on the said First of January will, so long as the same remains unpaid, pay Interest thereon at the Rate of Five Pounds per Centum by equal half-yearly Payments on the First Day of July and the First Day of January in every Year;
Now it is hereby witnessed, that for securing the said Advance and Interest the Company hereby grant to the said " John Smith" and his Heirs all the Lands described in the Schedule hereto, with all their actual and reputed Appurtenances; and it is hereby declared, that if the Company fails in paying the whole of the Principal and Interest Monies hereby secured on the said First of January, the said "John Suith," or any Person for the Time entitled to such Monjes, may, at any Time thereafter, upon giving to the Company Three Months' Notice, sell the said mortgaged Lands, and reimburse himself out of the. Mones arising from the Sale all Sums due on this Security, and all Expenses incurred by him in respect ef auch Sale, rendering the Surplus, if any, to the Company of their Assigns. The Condition as to Notice apply only between the Parties to this Indenture, and shall not effect a Purchaser, a Sale to whom hall be valid notwithstanding such notice may not have been given.
In Witness, &c.
Section XLIL
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