23164-1911-Supplementary-Bill-re-published--Companies — Page 79

Power of

or restrain

Ib. s. 270.

888

tory shall be liable to contribute to the assets of the company all sums due from him in respect of any such liability as aforesaid.

(2) In the event of the death, bankruptey, or insolvency, of any contributory, or marriage of any female contributory, the provisions of this Ordinance with respect to the personal representatives, heirs, and devisees of deceased contribn- tories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.

248. The provisions of this Ordinance with respect to court to stay staying and restraining actions and proceedings against a Proceedings. Company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.

Actions

249. Where an order has been made for winding up an stayed on unregistered company, no action or procceding shall be winding-up procceded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

order. 16. s. 27!.

Directions as

in certain

cases.

lb. s. 272.

250. If an unregistered company has no power to sue to property and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly; and the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official maine any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recovering its property.

Provisions of Part of Or- dinance cumulative. 8 Edw. 7 e. 69 s. 273.

251. The provisions of this Part of this Ordinance with respect to unregistered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of un- registered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, he deemed to be a company under this Ordinance, and then only to the extent provided by this Part of this Ordinance.

Require-

ments as to companies established outside the Colony.

Ib. s. 274.

PART IX.

COMPANIES ESTABLISHED OUTSIDE THE COLONY,

252.-(1) Every company incorporated outside the Colony which establishes a place of business within the Colony, shall within one month from the establishment of the place of business file with the registrar of companies-

(a) a certified copy of the charter, statutes, or me- morandum and articles of the company, or other instrument constituting or defining the constitu- tion of the company, and, if the instrument is not written in the English language, a certified translation in the English language thereof; (b) a list of the directors of the company; (c) the names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the company service of process and any notices required to he served on the company ;

T