68
(3) In the case of contributories, regard shall be had to the number of votes conferred on each contributory by the
articles.
210. Where any company is being wound up. all books Books of and papers of the company and of the liquidators shall, as company to between the contributories of the company, be prima facie te evidence. evidence of the truth of all matters purporting to be
8 Edw. 7 c. 69 s. 220. therein recorded.
. s. 221.
211. After an order for a winding up by or subject to the Inspection supervision of the court, the court may make such order for of books. inspection by creditors and contributories of the company of its books and papers as the court thinks just and any books and papers in the possession of the company may bu inspected by ereditors or contributories accordingly, but not further or otherwise.
212.-(1) Whou a company has been wound up and is Disposal of about to be dissolved, the books and papors of the company books and and of the liquidators may be disposed of as follows (that is Papers of to say) -
(a) In the case of a winding up by or subject to the supervision of the court in such way as the court directs;
(b) In the case of a volimtary winding up in such way as the company by extraordinary resolu- tion directs.
(2) After äve years from the dissolution of the company no responsibility shall rest on the company, or the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein,
company.
Ib. s. 999
213-(1) Where a company has been dissolved, the Power of court may at any time within two years of the date of the court to dissolution, on an application being male for the purpose declare dis- by the liquidator of the company or by any other person solution of who appears to the court to be interested, make an order, pany #pon such terms as the court thinks fit, declaring the 17. 8. 223. dissolution to have been void, and thereupon such proceed. ings may be taken as might have been taken if the company had not been dissolved.
(2) It shall be the duty of the person on whose appli- cation the order was made, within seven days after the making of the order, to file with the registrar of companies an office copy of the order, and if that person fails so to do
he shall be liable to a fine not exceeding fifty dollars for
e
very day during which the default continues.
void.
tions,
214.-(1). Where a company is being wound up, if the Information winding up is not concluded within one year after its com- as to pond. mencement, the liquidator shall, at such intervals as may ing liquida- bo prescribed, until the winding up is concluded, send to the registrar of companies a statement in the prescribed form and coutaining the prescribed particulars with respect to the proceedings in and position of the liquidation.
(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to fuspect the statement, and to receive a copy thereof or extract therefrom; but any person untruth- fully so stating himself to be a creditor or contributory shall be guilty of a contempt of court, and shall be punish- able accordingly on the application of the liquidator or of the official receiver.
(3) If a liquidator fails to comply with the requirements of this section he shall be liable ro a fine not exceeding five hundred dollars for each day during which the default continues.
(4) If it appears from any such statement or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained melained or omdistributed for Six months after the date of their receipt, the liquidator shall forthwith pay the same to the Companies Liquida- rion Account at the bank. and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificato shall be an effectual discharge to him in respect thereat,
1b, s. 221.
Judicial notice of
officers.
I. s. 225.
69
(5) For the purpose of ascertaining and getting in any money payable into the bauk in pursuance of this section, the like powers may be exercised, and by the like amhority, as are exerciseable under sectionu eighty of the Bankruptcy Ordinauce, 1891, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.
(6) Any person claiming to be entitled to any money paid into the bank in pursuance of this section may apply to the official receiver for payment of the same, and the official receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due.
(7) Any person dissatisfied with the decision of the official receiver in respect of any claim made in pursuance of this section may appeal to the court.
215. In all proceedings under this Part of this Ordinance, all courts, judges, and persons judicially acting, and all signature of officers, judicial or ministerial, of any court, or employed in enforcing the process of any court, shall take judicial notice of the signature of any officer of the court, and also of the official seal or stamp of the several offices of the court, appended to or impressed on any document made, issued, or signed under the provisions of this Part of this Ordin ance, or any official copy theroof.
Aldavite.
Zb. s. 222.
Companies
Account detinel.
Edw. 1 c.
218.--(1) Any affidavit required to be sworn under the provisions or for the purposes of this Part of this Ordinance may be sworn in the Colony, or elsewhere within the domin ions of flis Majesty, before any coart, judge, or person law- fully authorised to take and receive affidavits or before any of His Majesty's consuls or vice-cousnis in any place outside His Majesty's dominions,
(2) All courts, judges, justices, commissioners, and per- sons acting judicially shall take judicial notice of the seal or stamp or signature (as the case may be) of any such court, judge, person, consul, or vice-consul attached, ap- peuded, or subscribed to any such affuavit, or to any other document to be usel for the purposes of this Part of this Ordinance.
217.-(1) An account, called the Companies Liquide- Liquidation tion Account, shall be kept by the official receiver at sucb bank as the colonial treasurer may direct, and all moneys received by the official receiver in respect of proceedings under this Ordinance in connection with the winding up of companies shall be paid to that account,
69 §. 229,
Separate
accounts of partionlar estates. 13. s. 231.
Officers and remunera. tion.
16. 9. 233,
231.
(2) All payments ont of money standing to the credit of the official receiver in the Companies Liquidation Account shall be made by the said bank in the prescribed manner.
218.-(1) An account shall be kept by the official re- ceiver of the receipts and payments in the winding up of each company and, when the cuah balance standing to the credit of the account of any company is in excess of the amount which, in the opinion of the committee of inspec- tion, is required for the time being to answer demands in respect of that company's estate, the official receiver shall, on the request of the committee, invest the amount not so required in such securities as the court may direct, to be placed to the credit of the said account for the benefit of the company.
(2) When any part of the money so invested is, in the opinion of the committee of inspection, required to answer any demands in respect of the estate of the company, the official receiver shall, on the request of the committee, raise such sum as may be required by the sale of such part of the said securities as may be necessary.
(3) The dividends on investments under this section shall be paid to the credit of the company.
219.-1) The Governor may appoint such additional officers as may be required by the official receiver] for the [ ] execution of this Part of this Ordinance and may remove any person so appointed.
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