348
THE HONGKong government GAZETTE, 28TH AUGUST, 1875.
Particulars to
annual
summary.
[sec. 32].
And until the warrant is surrendered, the above particulars shall be deemed to be the particulars which are required by the twenty-fourth section of the principal Ordinance to be entered in the register of members of a company; and on the surrender of a warrant the date of such surrender shall be entered as if it were the date at which a person ceased to be a member.
XXX. After the issue by the company of a share warrant, the be contained in annual summary required by the twenty-fifth section of the princi- pal 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
XXXI. There shall be charged on every share warrant a stamp share warrants. duty of an amount equal to three times the amount of the ad va- [sec. 33].
lorem stamp duty which would be chargeable on a deed transfer- ring 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. [sec. 34].
Penalties on
owner of shares. [sec. 95].
XXXII. 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 de- mands 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, pur- porting 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 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 confinement.
XXXIII. 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 obtain or endeavours to obtain any such share or in- terest, or share warrant or coupon, or receives or endeavours to re- ceive 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 life or for any term 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 confinement.
Penalties on persons engraving plates, &c. [see. 86].
Contracts,
how made. [sec. 37].
XXXIV. 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 aforesaid, or to be a part of such 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 confinement.
Contracts.
XXXV. Contracts on behalf of any company under the prin- cipal 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 varied 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, would by law be valid although made by parol only, and not reduced into writing, may be made by parol on be-
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