133
circumstances of the case, including those connected with his appointment, he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think fit.
(2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the court for relief, and the court on any such application shall have the same power to relieve him as under this section it would have had if it had been a court before which proceedings against that person for negligence, default, breach of duty or breach of trust had been brought.
(3) Where any case to which subsection (1) of this section applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge may think proper.
(4) The persons to whom this section applies are the following:-
(a) directors of a company:
(b) managers of a company:
(c) officers of a company:
(d) persons employed by a company as auditors, whether they are or are not officers of the company.
enforce
346. Orders made by the court under this Ordin- Power to ance may be enforced and shall be subject to appeal orders. in the same manner as orders made in an action 19 & 20 Geo.. pending therein.
General Provisions us to alteration of Tables, forms
and fees.
5, c. 23, 9. 373.
347.—(1) The Governor in Council
may alter Power to
alter tables Table A, the form in the Seventh Schedule and the and forms. table of fees in the Ninth Schedule to this Ordinance, 19 & 20 Geo.. so that such alteration does not increase the amount 5, c. 23,
of fees payable to the registrar under the said Ninth 5 379. Schedule, and may alter or add to Tables B, C, i) and E in the First Schedule, and the forms in the Second and Sixth Schedules to this Ordinance.
(2) Any such Table or form, when altered, shall be published in the Gazette, and thenceforth shall have the same force as if it were included in one of the Schedules to this Ordinance, but no alteration made in Table A shall affect any company registered before the alteration, or repeal, as respects that company, any portion of that Table.
(3) Every order in council made under this section shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication of such order in council in the Gazette, and if a resolution be passed at the first meeting of the Legislative Council held after such order in council shall have been laid on the table of the said Council resolving that any such order in council shall be rescinded or amended in any manner whatsoever, the said order in council shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
173