23164-1911-Supplementary-Bill-re-published--Companies — Page 40

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Rectification of register

Ib. s. 96.

849

93. A judge of the Court, ou being satisfied that the omission to register a morguge or charge within the of mortgages. timehereinbefore required, or that the omission or misstate- ment of any particular with respect to any such mortgage or charge, was accidental, or due to inadvertence or to some other sufficient cause, or is not of a nature to prejudice the position of creditors or shareholders of the company, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any person interested, and on such terms and conditions as seem to the judge just and expedient, order that the time for registration be extended, or, as the case may be, that the omission or misstatement be rectified.

Entry of Batisfaction. Ib. s. 97.

Index to register of mortgages and charges. Ib. s. 98.

Penalties. Ib. s. 99.

Company's register of mortgages.

8 Edw. 7 c. 69 s. 100.

Right to inspect copies of instruments creating mortgages and charges

and com- pany's register of mortgages Ib. s. 101.

09. The registrar of companies may, on evidence being given to his satisfaction that the debt for which any registered mortgage or charge was given has been paid or satisfied, order that a memorandum of satisfaction be entered on the register, and shall if required furnish the company with a copy thereof.

100. The registrar of companies shall keep a chronolo- gical index, in the preserited farm and with the prescribed particulars, of the mortgages or charges registered with bim under this Ordinance.

101-(1) If any company makes default in seuding to the registrar of companies for registration the particulars of any mortgage or ebarge created by the company, and of the issues of debentures of a serica, reyniring registration with the registrar under the foregoing provisions o this Onlin- auce, then, unless the registration has been ettered on the application of some other person, the company, and every director, manager, secretary, or other person who is know- ingly a party to the default, shail on conviction be liable to a fine not exceeding five hundred dollars for every day during which the default continues.

(2) Subject as aforesaid, if any company makes default io complying with any of the requirements of this Ordin- ance as to the registration with the registrar of any mort- gage or charge created by the company, the company and every director, manager, and other officer of the company, who knowingly and wilfully authorised or permitted the default shall, without prejudice to any other liability, be liable on summary conviction to a fine not execeling one thousand dollars.

(3) If any person knowingly and wilfully authorises or permits the delivery of any debenture or cerificate of de- benture stock requiring registration with the registrar under the foregoing provisions of this Ordinace without a copy of the certificate of registration being end used upon it, he shall, without prejudice to any other Eability, be liable on suminary conviction to a fine us: exceeding one thousand dollars.

102.-(1) Every limited company shall keep at its registered office a register of mortgages and enter therein all mortgages and charges specifically affecting property of the company, giving in each case a short description of the property mortgaged or charged, the amount of the mortgage or charge, and (except in the case of securities to bearer) the names of the mortgagees or persons entitled thereto.

(2) If any director, [manager,] or other officer of the com- [ ] pany knowingly and wilfully authorises or permits the omission of any entry required to be made in pursuance of this se fim, he shall be liable to a fine not exceeding five hundred dollars,

103.-(1) The copies of instruments creating any mort- gage or charge requiring registration under this Ordinance with the registrar of companies, and the register of mort- gages kept in pursuance of the last foregoing section, shall be open at all reasonable times to the inspection of the registrar of companies or of any creditor or member of the company without fee, and the register of mortgages shall also he open to the inspection of any other person on payment of such fee, not exceeding fifty cents for each inspection, as [a] company may prescribe.

the

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