17817-1910-Supplementary-Bills-read-a-first-time--Companies — Page 59

Power

to arrest absconding

8 Edw. 7 c. 69 s. 176,

508

(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: 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 evidence 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 officer 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 held.

170. The court, at any time either before or after 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 abs and, 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, and him and them to be safely kept until such time as the court may order.

Powers of

court cumu- lative.

b. s. 177.

171. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any con- tributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums,

Power to en-

Enforcement of and Appeal from Orders.

172. Orders made by the Court under this Ordinance may force orders. be enforced in the same manner as orders made in any

action pending therein,

Ib. s. 178.

Appeals

from order. b. s. 181.

Cireum-

stances in which com pany may be wound up voluntarily. Ib. s. 182.

173. Subjeet to rules of court, an appeal from any order or decision made or given in the winding up of a company by the court under this Ordinance shall fic in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its ordinary jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within fourteen days from the date of the order or decision complained of, mless such time is extended by the Full Court,

Voluntary Winding Up.

174. A company may be wound up voluntarily-

(1) When the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) oceurs, on the occurrence of which the articles provide that the company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily : (2) If the company resolves by special resolution

that the company he wound up voluntarily : (3) If the company resolves by extraordinary re- solution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up.