58
163.-(1) Au order made by the court on a contributory Order on shall (subject to any right of appeal) be conclusive evidence contributory that the money, if any, thereby appearing to be due or conclusive ordered to be paid is due.
evidence,
8 Edw. 7 e.
(2) All other pertinent matters stated in the order shall 63 s. 1. 68 be taken to be truly stated as against all persons, and in all proccelings, except proceedings against the real estate of a deceased contributory, in which case the order shall be only prima facie evidence for the purpose of charging his real estate, unless his heirs or deviseos were on the list of contributories at the time of the order being made.
164. The court may fix a time or times within which Power to creditors are to prove their dobis er elaims, or to be exclude excluded from the benefit of any distribution made before creditors not those debts are proved.
proving in time.
Zb. s. 189.
185. The court shall adjust the rights of the contri- Adjustment butories among themselves, and distribute any surplus of rights of among the persons entitled thereto.
contribu
torice.
Ib. s 170,
166. The court may, in the event of the assets being Power to insufficient to satisfy the abilities, make an order as to under cox s payment out of the assets of the costs, charges, and 128. 171, expenses incurred in the winding up in such order of priority as the court thinks just,
167 (1) When the affairs of a company have been Disaulation completely wound up, the court shall make an order that of company. the company he dissolved from the date of the order, and 7. s. 172. the company shall be dissolved accordingly.
(2) The order shall be reported by the liquidator to the registrar of companies who shall make in his books a minute of the dissolution of the company.
(3) If the guidator makes default in complying with the requirements of this section he shall be liable to a fino not exceeding fifty dollars for every day during which he
ia in default.
168. General rules may be made for enabling or requir- Delegation ing all or any of the powers and duties conferred and to liquidator imposed on the court by this Ordinance, in respect of the of certain matters following, to be exercised or performed by the court.
powers of liquidator as an officer of the court, and subject to the b. s. 178. control of the court; that is to say, the powers and duties of the court in respect of-
(4) holding and conducting meetings to ascertain the wishes of creditors and contributories;
(b) settling lists of contributories and rectifying the register of members where roquired, and collect- ing and applying the assets;
() requiring delivery of property or documents to
the liquidator;
(d) waking calls;
(e) fixing a time within which debts and claims
must be proved:
Provided that the liquidator shall not, without the special lease of the court, rectify the register of members, and shail not make any call withont either the special leave of the court or the sanction of the committee of inspection.
Extraordinary Powers of Court.
169.—(1) The court may, after it has made a winding- Power to up order, summon before it any officer of the company or summon per-
Song Sus- person known or suspected to have in his possession any
pected of property of the company or supposed to be indebted to the baring pro company, or any person whom the court deems capable of perty of com. giving information concerning the trade, dealing, affairs, pany. or property of the company.
(2) The court may examine him on oath concerning the same, either by word of mouth or on written interrogatories, and may reduce biz auswers to writing and require him to sign then.
b. s. 174.
}
Power to
8 Bitw. 7 c. 69 s. 175,
لان
(0) The court may require him to produce any books and papers in his custody or power relating to the com- pany; but, where he claims any lien on hooks or papers produced by him, the production shall be without prejuilice to that lies, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien,
(4) If any person so stomoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impe diment (made known to the court at the time of its sitting, and allowed by it), the court way cause him to be appre- hended, and brought before the court for examination,
170.-(1) When an order has been made for winding outer public up company by the court, and the official receiver ims mination made a farther report nuder this Ordinance stating that in of metes his opinion a frand has been committed by any person in directors, &c.
the promotion or formation of the company, or by any director or other officer of the company in relation to the company since its formation, the court may, after consider- ation of the report, direct that any person who has taken any part in the promotion or formation of the company, or has been a director, or officer of the company, slali attend before the court on a day appointed by the court for that purpose, and be publicly examined us to the promotion or foration or the conduct of the businesses of the company, or as to bis conduct and dealings as director or officer thereof,
Power
Id, s. 176.
(2) The official receiver shall take part in the examina- tion, and for that purpose may, if specially authorised by the court in that behalf, employ a solicitor with or without counsel.
(3) The liquidator, where the official receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel.
(4) The court may put such questions to the person examined as the court thinks fii.
(5) The person examined shall be examined on oath, and shail answer all such questions as the court may put or allow to be put to him.
(6) A ¡ersou ordered to be examined under this section shall at his own cest, Lefore his examination, be furnished with a copy of the official receiver's report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him: Provided that if he is, in the opinion of the court, exculpated from any charges made or suggested against him, the court may allow him such costs as in its discretion it may think fit.
(7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in cvidence against him, and shall be open to the inspection of any ereditor or contributory at all reasonable times.
(8) The court may, if it thinks fit, adjourn the examin- ation from time to time.
(9) An examination under this section may, if the court so directs, and subject to general rules, be held before any otheer of the Supreme Court, named for the purpose by the court and the powers of the court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is beld.
171. The court, at any time either before or after to arrest absconding
making a winding-up order, on proof of probable cause for contributory believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, aud him and them to be safely kept until such time as the court may order.
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