THE HONGKONG GOVERNMENT GAZETTE, 18TH MARCH, 1865.
been committed, by reason that the same, or any of them, cannot be made forthcoming to any Party or Parties claiming to be interested therein.
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CXLV. Where an Order has been made for winding-up a Company by the Court, Inspection of Books. subject to the Supervision of the Court, the Court may make such Order for the spection by the Creditors and Contributories of the Company of its Books and Papers the Court thinks just, and any Books and Papers in the possession of the Company May be inspected by Creditors or Contributories, in conformity with the Order of the Court, but not further or otherwise.
CXLVI. Any Person to whom any Thing in Action belonging to the Company is Power of Assignee signed, in pursuance of this Ordinance, may bring or defend any Action or Suit to sue. relating to such Thing in Action in his own Name.
tions to be proved.
CXLVII. In the event of any Company being wound up under this Ordinance, all Debts of all Descrip- bts payable on a Contingency, and all Claims against the Company, present or future, ertain or contingent, ascertained or sounding only in Damages, shall be admissible to Proof against the Company, a just Estimate being made, so far as is possible, of the Value of all such Debts or Claims as may be subject to any Contingency or sound only in Damages, or for some other reason do not bear a certain Value.
Liquidation may be
CXLVIII. The Liquidators may, with the Sanction of the Court, where the Com-, General Scheme of ny is being wound up by the Court or subject to the Supervision of the Court, and sanctioned. with the Sanction of an Extraordinary Resolution of the Company where the Company is being wound up altogether voluntarily, pay any Classes of Creditors in full, or make sch Compromise or other Arrangement as the Liquidators may deem expedient with Creditors or Persons claiming to be Creditors, or Persons having or alleging themselves have any Claim, present or future, certain or contingent, ascertained or sounding only 4 Damages against the Company, or whereby the Company may be rendered liable.
CXLIX. The Liquidators may, with the Sanction of the Court, where the Con- Power to compromise. any is being wound up by the Court or subject to the Supervision of the Court, and with the Sanction of an Extraordinary Resolution of the Company where the Company being wound up altogether voluntarily, compromise all Calls and Liabilities to Calls, Debts, and Liabilities capable of resulting in Debts, and all Claims, whether present or ature, certain or contingent, ascertained or sounding only in Damages, subsisting or supposed to subsist between the Company and any Contributory or alleged Contributory, or other Debtor or Person apprehending Liability to the Company, and all Questions in ny way relating to or affecting the Assets of the Company or the winding-up of the mpany, upon the receipt of such Sums, payable at such Times, and generally upon Terms as may be agreed upon, with Power for the Liquidators to take any Security r the Discharge of such Debts or Liabilities, and to give complete Discharges in respect fall or any such Calls, Debts, or Liabilities.
Se
&c., as a consideration
CL. Where any Company is proposed to be or is in the course of being wound Power for Liquida- paltogether voluntarily, and the whole or a Portion of its Business or Property is as to accept Smures, oposed to be transferred or sold to another Company, the Liquidators of the first- for sale of Property of
tioned Company may, with the Sanction of a Special Resolution of the Company by Company. whom they were appointed, conferring either a general Authority on the Liquidators, or Authority in respect of any particular Arrangement, receive in Compensation or part Compensation for such Transfer or Sale Shares, Policies, or other like Interests in such ther Company, for the Purpose of Distribution amongst the Members of the Company ing wound up, or may enter into any other Arrangement whereby the Members of Company being wound up may, in lieu of receiving Cash, Shares, Policies or other Interest, or in addition thereto, participate in the Profits of or receive any other efit from the purchasing Company; and any Sale made or Arrangement entered into the Liquidators in pursuance of this Section shall be binding on the Members of the mpany being wound up; subject to this Proviso that if any Member of the Company wound up who has not voted in favour of the Special Resolution passed by the pany of which he is a Member at either of the Meetings held for passing the same presses his Dissent from any such Special Resolution in Writing addressed to the puidators or One of them, and left at the registered Office of the Company not later in Seven Days after the Date of the Meeting at which such Special Resolution was sed, such dissentient Member may require the Liquidators to do One of the following angs as the Liquidators may prefer; that is to say, either to abstain from carrying Resolution into effect, or to purchase the Interest held by such dissentient Member a Price to be determined in manner hereinafter mentioned, such Purchase Money to
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