17817-1910-Supplementary-Bills-read-a-first-time--Companies — Page 67

Penalty on perjury.

S Edw. 7 c. 69 s. 218.

Meetings fo ascertain wishes of creditors or contribu- tories.

Ib. s. 219.

Books of company to

516

relation to the company for which he is criminally res- ponsible, the court may on the application of any person interested in the winding up, or of its own motion, direct the liquidator to prosecute for the offence, and may order the costs and expenses to be paid out of the assets of the company.

(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the liquidator, with the previous sanction of the court, may prosecute the offender, and expenses property incurred by him in the prosecution shall be payable out of the assets of the company in priority to all other liabilities.

207. If any person, ou examination on oath authorised under this Ordinance or in any affidavit or deposition in or about the winding up of any company or otherwise in or about any matter arising under this Ordinance wilfully and corruptly gives false evidence, he shall be liable to the penalties for wilful perjury.

208.-(1) Where by this Ordinance the court is autho- rised, in relation to winding up, to have regard to the wishes of creditors or contributories, as proved to it by any sufficient evidence, the court may, if it thinks fit. for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be calle 1, held, and conducted in such manner as the court directs, and may appoint a person to act as chairman of any such meeting and to report the result thereof to the court.

(2) In the case of creditors, regard shall be had to the value of each creditor's debt.

(3) In the case of contributories, regard shall be had to the number of votes conferred on each contributory by the articles.

209. Where any company is being wound up, all books and papers of the company and of the liquidators shall, as be evidence. between the contributories of the company, be primâ facie evidence of the truth of all matters purporting to he therein recorded.

b. s, 220.

Inspections

of books.

16. s. 221.

Disposal of books and papers of company. Th. S. 299

Power of court to

solution of company void.

210. After an order for a winding up by or subject to the supervision of the court, the court may make such order for inspection by creditors and contributiories 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 be inspected by creditors or contributories accordingly, but not further or otherwise.

211.-(1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows (that is 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 voluntary winding up in such way as the company by extraordinary resolu- tion directs.

(2) After five years from the dissolution of the company no responsibility shall rest on the company, OF the liquidators, or any person to whom the custody of the book- and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein,

212.-(1) Where a company has been dissolved, the court may at any time within two years of the date of the declare dis dissolution, ou an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thiuks fit, declaring the dissolution to have been void, and thereupon such procced- ings may be taken as might have been taken if the company had not been dissolved.

Th, s. 223.