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THE HONGKONG GOVERNMENT GAZETTE, 18TH MARCH, 1865.
Discretion of Official Liquidator.
Appointment of Solicitor to Official Liquidator.
Collection and Ap- plication of Assets.
Provision as to re- presentative Contri- butories.
Power of Court to require
Property.
To carry on the Business of the Company, so far as may be necessary for the
beneficial winding-up of the same:
To sell the Real and Personal Property, Effects and Things in Action of the Com- pany by Public Auction or Private Contract, with Power to transfer the whole thereof to any Person or Company, or to sell the same in Parcels:
To do all Acts and to execute, in the Name and on behalf of the Company, all Deeds, Receipts, and other Documents, and for that purpose to use, when necessary, the Company's Seal:
To prove, rank, claim, and draw a Dividend, in the Matter of the Bankruptcy of
any Contributory, for any Balance against the Estate of such Contributory, and to take and receive Dividends in respect of such Balance, in the Matter of Bankruptcy, as a separate Debt due from such Bankrupt, and rateably with the other separate Creditors.
To draw, accept, make, and endorse any Bill of Exchange or Promissory Note in the Name and on behalf of the Company, also to raise upon the Security of the Assets of the Company from Time to Time any requisite Sum or Sums of Money; and the drawing, accepting, making, or endorsing of every such Bill of Exchange or Promissory Note as aforesaid on behalf of the Company shall have the same effect with respect to the Liability of such Company as if such Bill or Note had been drawn, accepted, made, or endorsed by or on behalf of such Company in the course of carrying on the Business thereof:
To take out, if necessary, in his Official Name, Letters of Administration to any deceased Contributory, and to do in his Official Name any other Act that may be necessary for obtaining Payment of any Monies due from a Contributory or from his Estate, and which Act cannot be conveniently done in the Name of the Company; and in all Cases where he takes out Letters of Administra- tion, or otherwise uses his Official Name for obtaining Payment of any Monies due from a Contributory, such Monies shall for the purpose of enabling him to take out such Letters or recover such Monies, be deemed to be due to the Official Liquidator himself:
To do and execute all such other Things as may be necessary for winding-up the
Affairs of the Company and distributing its Assets.
XCIV. The Court may provide by any Order that the Official Liquidator may exercise any of the above Powers without the Sanction or Intervention of the Court, and where an Official Liquidator is provisionally appointed may limit and restrict his Powers by the Order appointing him.
XCV. The Official Liquidator may, with the Sanction of the Court, appoint a Solicitor to assist him in the performance of his Duties.
Ordinary Powers of Court.
XCVI. As soon as may be after making an Order for winding-up the Company, the Court shall settle a List of Contributorics, with Power to rectify the Register of Members in all Cases where such Rectification is required in pursuance of this Ordinance, and shall cause the Assets of the Company to be collected, and applied in discharge of its Liabilities.
XCVII. In settling the List of Contributories the Court shall distinguish between Persons who are Contributories in their own Right and Persons who are Contributories as being Representatives of or being liable to the Debts of others; it shall not be necessary, where the Personal Representative of any deceased Contributory is placed on the List, to add the Heirs or Devisees of such Contributory, nevertheless such Heirs or Devisees may
be added as and when the Court thinks fit.
XCVIII. The Court may, at any time after making an Order for winding-up a aire Delivery of Company, require any Contributory for the time being settled on the List of Contri- butories, Trustee, Receiver, Banker, or Agent, or Officer of the Company to pay deliver, convey, surrender, or transfer forthwith, or within such time as the Court directs, to or into the Ilands of the Official Liquidator, any Sum or Balance, Books, Papers, Estate, or Effects which happen to be in his Hands for the time being, and to which the Company is primâ facie entitled.
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