690613-1877-Companies-Amendment-Ordinance- — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, 23RD JUNE, 1877.

Particulars to

in annual

summary.

[sec. 32).

XXXI. After the issue by the company of a share warrant-the be contained annual summary required by the twenty-fifth section of the prin- cipal Ordinance shall contain the following particulars,-the total amount of shares or stock for which share warrants are outstand- ing at the date of the summary, and the total amount of share warrants which have been issued and surrendered respectively since the last summary was made, and the number of shares or amount of stock comprised in each warrant.

Stamps on

XXXII. There shall be charged on every share warrant a share warrants. stamp duty of an amount equal to three times the amount of the [see. 33].

ad valorem stamp duty which would be chargeable on a deed transferring the share or shares or stock specified in the warrant, if the consideration for the transfer were the nominal value of such share or shares or stock.

Penalties on

persons committing forgery. {see. 34].

Penalties on

owner of shares. [see. 35].

XXXIII. Whosoever forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any share warrant or coupon, or any document purporting to be a share warrant or coupon, issued in pursuance of this Ordinance, or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Ordinance, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered share warrant, coupon, or document, purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life or for any term not lessan three years, or to be imprisoned for any term not exceeding two years, with or without liard labour, and with or without solitary confinement.

XXXIV. Whosoever falsely and deceitfully personates any persons falsely owner of any share or interest of or in any company, or of any personating

share warrant or coupon issued in pursuance of this Ordinance, and thereby obtains or endeavours to obtain any such share or interest, or share warrant or coupon, or receives or endeavours to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for or for any term not less than three years, or to be imprisone for any term not exceeding two years, with or without hard labour, and with or without solitary

Penalties on

persons engraving plates, &c. [sec. 36].

Contracts,

how made. [sec. 37).

confinement.

XXXV. Whosoever, without lawful authority or excuse, the proof whereof shall be on the party accused, engraves or makes upon any plate, wood, stone, or other material-any share warrant or coupon purporting to be a share warrant or coupon issued or made by any particular company under and in pursuance of this Ordinance, or to be a blank share warrant or coupon issued or made as aforeid, or to be a part of such a share warrant or coupon, or uses any such plate, wood, stone, or other material for the making or printing any such share warrant or coupon, or any such blank share warrant or coupon, or any part thereof respectively, or knowingly has in his custody or possession any such plate, wood, stone, or other material, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinemen

Contracts.

XXXVI. Contracts on behalf of any company under the princi- pal Ordinance may hereafter be made as follows; (that is to say),-

(1.) Any contract which-if made between private persons ---would be by law required to be in writing, and under seal, may be made on behalf of the company in writing under the common seal of the company, and such con- tract may be in the same manner ried or discharged: (2.) Any contract which-if made between private persons -would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company, and such contract may in the same manner be varied or discharged:

(3.) Any contract which-if made between private persons-

world by law be valid although made by parol only, and not reduced into writing, may be made by parol on be- half of the company by any person acting under the express or implied authority of the company, and such contract may-in the same way-be varied or discharged: And all contracts made according to the provisions herein con- tained shall be effectual in law, and shall be binding upon the company and their successors and all other parties thereto, their heirs, executors, or administrators, as the case may be.