Saving as to private prosecutors. 19 & 20 Ger 5, c. 23, $. 368.
Saving for privileged communi-
cations.
19 & 20 Geo. 5, c. 23,
s. 369.
Service of documents
on company.
19 & 20 Geo 5, c. 23,
s. 370.
Costs in actions by certain
limited companies. 19 & 20 Geo. 5, c. 23, B. 371.
Power of court to
grant relief in certain
cases.
19 & 20 Geo 5, c. 23,
8. 372,
1658
therein will, unless the said fine or penalty be sooner paid, be struck off the register and the company will be dissolved.
(2) At the expiration of the time mentioned in the notice the registrar of companies may, unless cause to the contrary is previously shown by the company, strike its name off the register, and shall publish notice thereof in the Gazette, and on such publication the company shall be dissolved: Provided that the liability (if any) of every director, managing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved.
(3) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on the application of the com- pany or member or creditor may, if satisfied that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.
(4) A letter or notice under this section may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the registrar of companies, may be sent to each of the persons who subscribed the meinorandum, addressed to him at the address men- tioned in the memorandum.
Provided that nothing in this section shall affect any other legal method of enforcing fines or penalties imposed by a magistrate.
341. Nothing in this Ordinance relating to the institution of criminal proceedings by the Attorney General shall be taken to preclude any person from instituting or carrying on any such proceedings.
342. Where proceedings are instituted under this Ordinance against any person by the Attorney General nothing in this Ordinance shall be taken to require any person who has acted as solicitor for the defendant to disclose any privileged communication made to him in that capacity.
a
com-
Service of Documents and Legal Proceedings. 343. A document may be served on pany by leaving it at or sending it by post to the registered office of the company.
in
a
limited
344. Where
is company plaintiff any action or other legal proceeding, any judge having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the company will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs, and may stay all proceedings until the security is given,
345.-(1) If in any proceeding for negligence, default, brench of duty, or breach of trust against a person to whom this section applies it appears to the court hearing the case that that person is or may be liable in respect of the negligence, default, breach of duty or breach of trust, but that he has acted honestly and reasonably, and that, having regard to all the
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