Power of
Lord
The Hongkong Government Gazette,
[APRIL 17, 1858.
XCVI. In Ireland, the Lord Chancellor of Ireland may, as respects the winding-up of Companies in Chancellor of Ireland Ireland, with the Advice and Consent of the Master of the Rolls in Ireland, exercise the same Power of to make tules.
making Rules as is by this Act herein-before given to the Lord Chancellor of Great Britain; but, until such Rules are made, the general Practices of the Court of Chancery in Ireland, including the Practice hitherto in use in Ireland in winding-up Companies, shall, so far as the same is applicable, and not inconsistent with this Act, apply to all Proceedings for winding-up a Company, and Official Liquidators shall in all respects be considered as occupying the Place of an Official Manager. Power of Court of XCVII. In Scotland the Court of Session may, by Act of Sederunt, exercise the same Power of making Rules of Practice as is hereinbefore given to the Lord Chancellor of Great Britain as regards England, but until such Rules are made the general Practice of the Court of Session in Suits pending in such Court shall, so far as the same is applicable, and not inconsistent with this Act, apply to all Proceed- ings for winding-up a Company, and Official Liquidators shall in all respects be considered as possessing the same Powers as any Trustee on a Bankrupt Estate.
Session in Scotland to make Rules.
Power of Vice-War-
make Rules.
XCVIII. The Vice-Warden of the Stannaries may from Time to Time, with the Approval of the den of Stammaries to Lord Chancellor of Great Britain, make such General Rules as may be necessary or expedient for the Purpose of carrying into execution the Powers conferred by this Act upon the Court of the said Vice- Warden; but, subject to such Rules, the general Practice of the said Court in Cases within the Jurisdic tion thereof shall, so far as the same is applicable, and not inconsistent with this Act, apply to all Proceedings under this Act, and any Order made by the Vice-Warden of the Stannaries may be enforced in the same Manner in which Orders made in Proceedings within the ordinary Jurisdiction of such Court are enforced; and for the Purpose of Jurisdiction any Company registered under this Act engaged in working any Mine within and subject to the Jurisdiction of the Stannaries shall be deemed to be resident within the Stannaries, and at the Place where such Mine is situate: It shall be competent for the Vice- Warden in any Suit instituted against any Shareholder or Contributory of a Company so registered, to authorize the Service of Process on such Shareholder or Contributory in any part of England" or Wules; provided, that it shall be lawful for the Lord Warden to remit at once any Cause or Matter pending before Appeal in Cases of hini on Appeal against any Decree or Order of the Court made in pursuance of the Power conferred upon Winding-up.
it by this Act for the winding-up of such a Company in the Court of Appeal in Chancery, which shall thereupon have Power to hear and determine such Appeal, and to make such Order or Orders therein as may seem fit.
Court of Stammaries,
Service of Process.
Power of Commis- sioners of Bankruptcy to make Rules.
Rules with to Fees.
respect
$
Special Commission- er for receiving Evi- dence.
Circumstances under which Company may be wound-up volun- tarily.
Notice of Resolution to wind-up voluntarily.
Consequences of vo-
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XCIX. Any two Commissioners of Bankruptcy appointed by the Lord Chancellor of Great Britain may, as respects the Courts of Bankruptcy in England, and the Commissioners of Bankrupt in Ireland may, as respects the Courts of Bankruptcy in Ireland, make Rules as they respectively from Time to Time, but subject to the Approval of the Lord Chancellors of Great Britain and Ircland respectively, think fit for the Purpose of regulating the Proceedings in such Courts for winding-up Companies, but, subject to such Rules, the general Practice of the Courts of Bankruptcy in England and Ireland respec- tively, in Cases within the ordinary Jurisdiction of such Conrts, shall, so far as the same is applicable, and not inconsistent with this Act, apply to all Proceedings under this Act; and any Order made by any Commissioner of Bankruptcy in such Proceedings may be enforced in the same Manner in which Orders made in Proceedings within the ordinary Jurisdiction of such Court are enforced.
C. The Lord Chancellor of Great Britain as respects the Courts of Chancery and Bankruptcy in England, the Lord Chancellor of Ireland as respects the Courts of Chancery and Bankruptcy in Ireland, the Court of Session in Scotland by Act of Sederunt as respects Proceedings in such Court, may make Rules specifying the Fees to be paid in respect of Proceedings taken under the Third Part of this Act lo winding-up a Company in such Courts respectively, and the Fees so paid in any Court of Chancery or Bankruptcy shall be applied in the Manner in which Fecs taken in such Courts in ordinary Proccedings are applied; and as respects Fees to be paid in like Proceedings in the Court of the Vice-Warden of the Stannaries, it shall be lawful for the Vice-Warden to authorize Fees to be taken not exceeding in Number or Amount the Fees so authorized from Time to Time by the Lord Chancellor of Great Britain to be paid in Courts of Bankruptcy, and the Council of the Prince of Wales, or the Special Commissioners for imanaging the Affairs of the Duchy of Cornwall, as the Case may be, may direct in what Manner the Monies arising from such Fees are to be applied towards the annual Expenses of the Court of the Stannaries, or towards the Payment or in augmentation of the present official Salaries.
CI. The District Commissioners of the Court of Bankruptcy and the Judges of the County Courts in England who sit at Places more than Twenty Miles from the General Post Office, and the Commis- sioners of Bankrupt and the Assistant Barristers and Recorders in Ireland, and the Sheriffs of Counties in Scotland, shall be Commissioners for the Purpose of taking Evidence under the Third Part of this Act in Cases where any Company is wound-up by the Courts of Chancery in England or Ireland or by the Court of Session in Scotland; and it shall be lawful for such Court to refer the whole or any Part of the Examination of any Witnesses under the Third Part of this Act to any such Commissioner, although such Commissioner is out of the Jurisdiction of the Court by which the Order or Decree for winding-up the Company was made; and every such Commissioner shall, in addition to any Power of summoning and examining Witnesses, and requiring the Production or Delivery of Documents, and certifying or punishing Defaults by Witnesses, which he might lawfully exercise as a District Commissioner of the Court of Bankruptcy, Judge of a County Court, Commissioner of Bankrupt, Assistant Barrister, or Recorder, or as a Sheriff of a County, have in the Matter so referred to hini all the same Powers of summoning and examining Witnesses, and requiring the Production or Delivery of Documents, and punishing Defaults by Witnesses, and allowing Costs and Charges and Expenses to Witnesses, as the Court which made the Order for winding-up the Company has; and the Examination so taken shall be returned or reported to such last-mentioned Court in such Manner as it directs.
CII. A Company may be wound-up voluntarily,
(I.) Whenever the Period, if any, fixed for the Duration of the Company by the Articles of Asso- ciation expires, or whenever the Event, if any, occurs, upon the Occurrence of which it is provided by the Articles of Association that the Company is to be dissolved:
(2.) Whenever the Company in General Meeting has passed a Special Resolution requiring the
Company to be wound-up voluntarily.
Whenever a Company is wound-up voluntarily the Company shall, from the Date of the Com- mencement of such Winding-up, cease to carry on its Business except in so far as may be required for the beneficial Winding-up thereof, but its Corporate State and all its Corporate Powers shall, notwithstand- ing any Provision to the contrary in its Articles of Association, continue until the Affairs of the Company are wound-up.
CIII. Notice of any Special Resolution to wind-up a Company voluntarily shall he given, as respects Companies registered in England in the London Gazelle, as respects Companies registered in Scotland in the Edinburgh Gazette, and as respects Companies registered in Ireland in the Dublin Gazette.
CIV. The following Consequences shall ensue upon the voluntary Winding-up of a Company:
Comnánu chall he annlied in satisfaction of its Liabilities, and subject
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