717125-1864-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO--OF-1864- — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1864.

for each Inspection; and every such Member or other Person may requiry a Copy of such Register, or of any part thereof, or of such List or Summary of Members as is hereinbefore mentioned on payment of Twenty-five Cents for every Hundred Words required to be copied: if such Inspection or Copy is refused, the Company shall incur for each Refusal a Penalty not exceeding Fifty Dollars, and a further Penalty not exceeding Fifty Dollars for every Day during which such Refusal continues, and every Director and Manager of the Company who shall knowingly authorize or permit such Refusal shall incur the like Penalty; and in addition to the above Penalty, as respects Companies Registered as aforesaid the Chief Justice sitting in Chambers, may by order compel an immediate Inspection of the Register.

gister.

373

XXXIII. Any Company under this Ordinance, may upon giving Notice by Adver- Power to close Re- tisement in some Newspaper printed and circulating in this Colony, close the Register of Members for any Time or Times not exceeding in the whole Thirty Days in each Year.

of Capital and of Mem-

XXXIV. Where a Company has a Capital divided into Shares, whether such Notice of lncrease Shares may or may not have been converted into Stock, notice of any increase in such bers to be given to Capital beyond the Registered Capital, and where a Company has not a Capital divided Registrar. into Shares, notice of any increase in the Number of Members beyond the Registered Number, shall be given to the Registrar in the case of an increase of Capital, within Fifteen Days from the Date of the passing of the Resolution by which such increase has been authorized, and in the case of an increase of Members within Fifteen Days from the time at which such increase of Members has been resolved on or has taken place, and the Registrar shall forthwith record the Amount of such increase of Capital or Members: if such Notice is not given within the period aforesaid the Company in default shall incur a Penalty not exceeding Fifty Dollars for every Day during which such neglect to give Notice continues, and every Director and Manager of the Com- pany who shall knowingly and wilfully authorize or permit such default shall incur the like Penalty.

of

proper Entry or Omis-

XXXV. If the Name of any Person is, without sufficient cause, entered in or Remedy for Im- omitted from the Register of Members of any Company under this Ordinance, or if sion of Entry in Re- default is made or unnecessary delay takes place in entering on the Register the fact gister.

any Person having ceased to be a Member of the Company, the Person or Member aggrieved, or any Member of the Company, or the Company itself, may, by motion in the Supreme Court sitting in its Legal or Equitable Jurisdiction, or by application to the Chief Justice sitting in Chambers in Law or Equity, or in such other Manner as the said Court may direct, apply for an Order of the Court that the Register may be rectified; and the Court may either refuse such Application, with or without Costs, to be paid by the Applicant, or it may, if satisfied of the Justice of the case, make an Order for the rectification of the Register, and anay direct the Company to pay all the Costs of such Motion, or Application, and any Damages the Party aggrieved may have sustained: the Court may in any Proceeding under this Section decide on any question relating to the title of any Person who is a Party to such Proceeding to have his Name entered in or omitted from the Register, whether such question arises between Two or more Members or alleged Members, or between any Members or alleged Members and the Company, and generally the Court may in any such Proceeding decide any question that it may be necessary or expedient to decide for the rectification of the Register; Provided that the Court, if a Court of Common Law, may direct an issue to be tried, in which any question of Law may

be raised, and a Writ of Error or Appeal, in the manner directed by "The Common Law Procedure Act, 1854," as in operation in this Colony by virtue of Ordinance No. 5 of 1856, shall lie.

Notice to Registrar of Rectification of

XXXVI. Whenever any Order has been made rectifying the Register, in the case of a Company hereby required to send a List of its Members to the Registrar, the Register. Court shall, by its Order, direct that due Notice of such Rectification be given to the Registrar.

XXXVII. The Register of Members shall be prima facie evidence of any Matters Register to be Evi- by this Ordinance directed or authorized to be inserted therein.

denee.

Liability of Members.

and past Members of

XXXVIII. In the event of a Company formed under this Ordinance being wound- Liability of present up every present and past Member of such Company shall be liable to contribute to Company. the Assets of the Company to an Amount sufficient for payment of the Debts and Liabilities of the Company, and the Costs, Charges, and Expenses of the Winding-up,

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