Court may
860
stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and con- ditions as the court thinks fit.
140. The court may, as to all matters relating to a have regard winding up, have regard to the wishes of the creditors or
contributories as proved to it by any sufficient evidence.
to wishes of
creditors or
contribu-
tories.
Ib. s. 145.
Definition of official receiver.
7b. s. 146.
Statement of
company's affairs to be submitted to official receiver. Ib. s. 147.
Report by official
receiver.
8 Edw. 7 c. 69 g. 148.
Official Receiver,
141-(1) For the purposes of this Ordinance so far as it relates to the winding up of companies by the court tho termofficial receiver" shall mean the official receiver, if any, attached to the court for bankruptcy purposes, or, if there is more than one such official receiver, then such one of them as the Governor may appoint, or, if there is no such official receiver, then an officer appointed for the purpose by the Governor.
(2) Any such officer shall for the purpose of his duties under this Ordinance be styled the official receiver.
142.-) Where the court has made a winding-up order, there shall be made ont and submitted to the official receiver a statement as to the affairs of the company in the prescribed form, verified by affidavit, and showing the particulars of its assets, debts, and liabilities, the names, residences, and occupations of its creditors, the securities held by them respectively, the dates when the securities were respectively given, and such further or other informa- tion as may be prescribed or as the official receiver may require.
(2) The statement shall be submitted and verified by one or more of the persons who are at the time of the winding-up order the directors and by the person who is at that time the secretary or other chief officer of the com- pany, or by such of the persons being or having been directors or officers of the company, or having taken part in the formation of the company at any time within one year before the winding-up order, as the official receiver, subject to the direction of the court, may require to submit and verify the same.
(3) The statement shall be submitted within twenty-eight days from the date of the order, or within such extended time as the official receiver or the court may for special reasons appoint.
(4) Any person making or eucurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the official regelver, out of the assets of the mpany, sach costs and expenses in- curred in and about the preparation and making of the statement and affidavit as the official ree river may consider reasonable, subject to an appeal to the court.
(5) If any person, without reasonable excne, mikes default in complying with the requirements of this section, he shall be liable to a fiue not exceeding one hundred dollars for every day during which the default continues.
(6) Any person stating himself in writing to be a ereditor or contributory of the company shall be entitled by himself or by his agent at all reasonable times, on payment of the prescribed feo, to inspect the statement submitted in pursuance of this section, and to a copy thereof or extract ttherefrom. But any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a con- empt of court and shall be punishable accordingly on the application of the liquidator or of the official receiver.
143.--(1) Where the court has made a winding-up order, the official receiver shall, as soon as practicable after receipt of the statement of the company's affairs, submit a preliminary report to the court—
() as to the amount of capital issued, subscribed, and paid up, and the estimated amount of assets and liabilities; and
() if the company has failed, as to the causes of
the failure; and
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