CO882-(6-8) — Page 531

147

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

8

Provision

if share- holders

cannot be

traced.

Dissolu- tion of Company,

Board to hold and

manage the under- taking.

Incorpora- tion of Board.

Costs of

18.

146

If the Company is unable after diligent inquiry to find the person to whom any money is payable or stock issuable or where any money or stock is payable or issuable to a person who or whose committee or guardian cannot give an effectual receipt for the same the Company may pay or transfer the same as nearly as may be in manner provided for payment of money into Court by any Legislative Enactment for the time being in force for the relief of trustees and such Enactment shall apply with all necessary modifications to such money or stock.

19. When all such moneys or stock if any as in Section 18 mentioned have been paid or transferred into Court the Company may apply to the Governor in Council who if satisfied that the said time has arrived shall give a certificate to that effect and upon publication of such certificate in the Gazette the Company shall be dissolved.

20.—(1.) A Board to be called the Tanjong Pagar Dock Board shall be con- stituted as hereinafter provided. The Board shall from and after the appointed date hold the undertaking of the Company and may exercise all the rights powers authorities and privileges of the Company and shall (to the exclusion of the Company) be subject to all the duties obligations and liabilities of the Company.

The Board shall be a body politic and corporate and have perpetual succession and a common seal and may sue and be sued in its corporate name as freely and unrestrictedly as any other Incorporated Company.

(2.) After any judgment decree or order has been given or pronounced against the Board the Registrar of the Supreme Court shall give to the person who has obtained such judgment decree or order a certificate in the form in the Schedule to this Ordinance when thereunto requested.

(3.) The amount together with any costs given by the judgment decree or order shall be paid by the Chairman of the Board out of the property held by or in charge of the Board.

21. The costs of the Company incurred in and incidental to arbitration under arbitration. this Ordinance shall except and so far as the Court otherwise determine be borne in the first instance by the Government and shall be a charge upon the revenues of the Board. The Court shall upon the application of the Government order the taxation of any such costs in such manner and on such scale or principle as it may think fit. Payment 22. The money or inscribed stock to which the Company or its shareholders of interest. shall become entitled under this Ordinance in consideration of the acquisition of their undertaking shall be paid or issued to the Company or such persons as are referred to in Section 16 of this Ordinance within twelve months after the amount thereof shall have been ascertained in manner provided by this Ordinance. Pending the payment to the Company of the sum referred to in Section 10 the Board or the Government on behalf of the Board shall pay to the Company from the appointed date interest at the rate of 12 per cent. per annum on the issued ordinary share capital of the Company as constituted on the 10th December 1904.

Constitu- tion of Board,

Removal of mera bers.

Vacancies.

Oficial

members.

Chairman.

l'ayment of

23.—(1.) The Board shall be appointed by the Governor. One-third of the members shall retire by rotation every three years but may be reappointed if the Governor shall see fit. Of the original members those to retire in the first and second shall be determined by lot.

years

(2.) The Governor may at any time by writing under the hand of the Colonial Secretary remove any member from the Board and such member shall forthwith cease to act.

(3.) In the event of a vacancy among the members of the Board from whatever cause arising the Governor may appoint another person to fill the vacancy and such person shall hold office for the unexpired term of office of the member whom he replaces.

(4.) In addition to the members referred to above there shall be not more than two official members who shall be appointed by and hold office during the pleasure of the Governor.

(5.) The Chairman of the Board shall be appointed by the members from among themselves subject to the confirmation of the Governor. He shall not be an official

member.

24. The members of the Board shall receive such fees and remuneration as the members of Governor may from time to time determine.

25. The Governor may from time to time issue to the Board such instructions Power of as he may see fit and the Board shall forthwith give effect to such instructions.

Governor to give instruc tions to Board.

in Council

26. The Governor in Council may from time to time make regulations as to The Governor the constitution quorum proceedings officers and place of meeting of the Board; may make but subject to such regulations and so far as any such regulations shall not extend regulations. the Board may regulate its own proceedings.

27. The Board shall for the purposes of its powers and duties under this Powers of Ordinance or otherwise with respect to the carrying on of the undertaking have the Board. power to manage alter and enlarge and with the consent of the Governor to lease or alienate any land or buildings held by it under this Ordinance and to acquire hire erect and furnish such docks workshops buildings and offices as it may require.

are to be

28. The Secretary of the Board or any officer or member thereof acting under How pro-

ceedings a general or special resolution of the Board may authorise the institution and carry- ing on of the defence of any proceeding which the Board is authorized to institute instituted carry on or defend. Any information or complaint applying to the property or and undertakings under the control of Board may be laid or made by any officer or defended. member of the Board or by the Secretary.

Status of

29. No member of the Board and no person employed by the Board shall be members and deemed to be a member of the Civil Service of the Colony by reason only of such servants of employment but all such members and persons shall be held to be public servants Ordinance within the meaning of the Penal Code.

Board.

IV. of 1872.

30. Subject to any instructions or regulations issued or made under Sections 25 Board to

appoint and 26 hereof all persons employed by the Board shall be appointed by the Board and dismiss at such rates of salary or wages as the Board may determine and any person may servante. be dismissed by the Board with such notice or compensation in lieu of notice as is customary in each case.

cost of

31.—(1.) The Board shall pay to the Government at such time or times as the Board to Governor shall direct the full ascertained amount of the charges incurred by the pay full Government in connection with the issue of any loan which may be raised by the loan. Government for the purposes of this Ordinance and for interest sinking fund management and redemption of such loan. No such sum shall be liable to be assessed for the Military Contribution.

(2.) On any sums which may be paid or advanced by the Government from time to time for the purposes of this Ordinance from General Revenue the Board shall pay to the Government such rate of interest as may be fixed by the Governor in Council not exceeding four per cent. per annum until such sums have been repaid by the Board to the Government.

(3.) At the end of each half year the net revenue of the Board after providing Reserve such payment and for a sufficient working balance shall be paid into an account Fund. to be called the Reserve Fund to be kept in the names of the Colonial Treasurer and of one or more members of the Board. The Reserve Fund shall be available from time to time with the sanction of the Governor and to such extent as he shall approve for any purpose connected with the business of the Board.

SCHEDULE.

(Section 20.)

In the Supreme Court of the Straits Settlements.

Settlement of

In the matter of

the Petition of A.B.

Versus

Petitioner.

The Tanjong Pagar Dock Board.

19 obtain a judgment (order or decree) of the

U

I do hereby certify that A.B. the abovenamed Petitioner did on the

day of

20303

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO