304
305
" in England" omitted Power to
for "Act
order public
examination of pro- moters,
directors,
&c.
5, c. 23, s. 216.
86
(3) The court may require him to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.
(4) If any person 50 summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before the court for examination.
208. (1) Where an order has been made for winding up a company by the court, and the official receiver has made a further report under this Ordin- ance stating that in his opinion a fraud has been committed by any person in the promotion or forma- tion of the company, or by any director or other 19 & 20 Geo. officer of the company in relation to the company since its formation, the court may, after consideration of the report, direct that that person, director or officer shall attend before the court on a day appoint- ed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the business of the company, or his conduct and dealings director Or officer thereof.
Sub-section (9) omitted.
as to
(2) The official receiver shall take part in the examination, and for that purpose may, it 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 fit.
on
(5) The person examined shall be examined oath, and shall answer all such questions as the court may put or allow to be put to him.
(6) A person ordered to be examined under this section shall at his own cost, before 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;
or
Provided that, if any such person applies to the court to be exculpated from any charges made suggested against him, it shall be the duty of the official receiver to appear on the hearing of the application and call the attention of the court to any matters which appear to the official receiver to be relevant, and if the court, after hearing any evidence given or witnesses called by the official receiver, grants the application, the court may allow the applicant 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 evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.
(8) The court may, if it thinks fit, adjourn the examination from time to time.
87
A
209.-(1) Where an order has been made for Fower to winding up a company by the court, and the official restrain receiver hus made 8 further report under this fraudulent Ordinance stating that, in his opinion, a fraud has persons from
managing been committed by a person in the promotion or companies. formation of the company, or by any director or 19 & 20 Geo, other officer of the company in relation to the com- 5, s. 23,
pany since its formation, the court may, on the s. 217. application of the official receiver, order that that person, director or officer shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned in or take part in the management of a company for such period, not exceeding five years, from the date of
the report as may be specified in the order.
(2) The official receiver shall, where he intends to make an application under the last foregoing sub- section, give not less than ten days' notice of his intention to the person charged with the fraud, and on the hearing of the application that person may appear and himself give evidence or call witnesses.
(3) It shall be the duty of the official receiver to appear on the hearing of an application by him for an order under this section and on an application for leave under this section and to call the attention of the court to any matters which appear to him to he relevant, and on any such application the official receiver may himself give evidence or call witnesses.
(4) If any person acts in contravention of an order made under this section, he shall, in respect of each offence, be liable on conviction on indictment to im- prisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars, or to both such imprisonment and
fine.
(5) The provisions of this section shall have effect notwithstanding that the person concerned may be On the criminally liable in respect of the matters ground of which the order is to be made.
210. The court, at any time either before or after Power to making a winding-up order, on proof of probable arrest cause for believing that a contributory is about to absconding
to contributory.
"in England" omitted.
for "Act"
for hundred pounds"
quit the Colony, or otherwise to abscond, or 19 & 20 God. for United Kingdom"
remove or conceal any of his property for the purpose 5, c. 23,
of evading payment of calls, or of avoiding examina- s. 218, tion 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, and him and them to be safely kept until such time as the court may order.
211. Any powers by this Ordinance conferred on Powers of the court shall be in addition to and not in restriction court
19 & 20 Geo.
of any existing powers of instituting proceedings cumulative. against any contributory or debtor of the company. 5, c. 23, or the estate of any contributory or debtor, for the s. 219. recovery of any call or other sums.
212. Provision may be made by general rules for Delegation enabling or requiring all or any of the powers and to liquidator duties conferred and imposed on the court by this of certain Ordinance in respect of the following matters— court.
powers of
19 & 20 Gea.
(1) the holding and conducting of meetings to 5, a 23,
ascertain the wishes of creditors and con- s. 220. tributories;
(2) the settling of lists of contributories and the rectifying of the register of members where required, and the collecting and applying of the Assets;
for "Act"
in
England omitted for "lect
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