710
Power to arrest contributory about to abscond, or to remove or conceal any of his property.
Powers of Court cumulative.
Power to enforce orders.
Affidavits, declarations, &c., before whom to be sworn to be available.
ORDINANCE No. 1 of 1865.
Companies, &c. (Part IV. Winding-up.)
brought before them in manner aforesaid 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.
114. (113.) The Court may, at any time before or after it has made an order for winding-up a company, upon proof being given that there is probable cause for believing 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.
115. (114.) 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 proceedings may be instituted accordingly.
Enforcement of and Appeal from Orders.
116. (115.) 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.
117. (116.) No affidavit, declaration or affirmation shall be used in any matter or proceeding under this Ordinance unless the same shall have been sworn or made in manner following, that is to say:
(1.) In this Colony before the Court or before any officer appointed by the Court for that purpose, or before a Magistrate
(2.) In any Colony, Island, Plantation or place under the Dominion of Her Majesty, before any Court, Judge or person lawfully authorized to take and receive affidavits, declarations or affirmations.