193704-1932-Supplementary-Bill-read-a-second-time--Companies — Page 86

Fower to restrain fraudulent persons from managing companies. 19 & 20 Geo. 5, c. 23, s. 217

Power to arrest absconding contributory. 19 & 20 Geo, 5, c. 23, s. 218.

Powers of court

cumulative.

1612

or

209.-(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 Ordinance stating that, in his opinion, a fraud has been committed by a person in the promotion or formation of the company, or by any director other officer of the company in relation to the com- pany since its formation, the court may, on the 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 be 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 criminally liable in respect of the matters on the ground of which the order is to be made.

or to

210. The court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examina- 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 the court shall be in addition to and not in restriction of any existing powers of instituting proceedings. 19 & 20 Geo. against any contributory or debtor of the company, or the estate of any contributory or debtor, for the recovery of any call or other sums.

5, c. 23, s. 219.

Delegation

212. Provision may be made by general rules for to liquidator enabling or requiring all or any of the powers and duties conferred and imposed on the court by this Ordinance in respect of the following matters-

of certain powers of court. 19 & 20 Gea. 5, c. 23, s. 220.

(1) the holding and conducting of meetings to

ascertain the wishes of creditors and tributories;

con-

(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;

1