ORDINANCE No. 1 OF 1865.
Companies, &c. (Part II. Distribution of Capital.)
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 company who shall knowingly and wilfully authorize or permit such default shall incur the like penalty.
34. If the name of any person is, without sufficient cause, entered in or omitted from the register of members of any company under this Ordinance, or if default is made or unnecessary delay takes place in entering on the register the fact of 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 may 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.
689
Remedy for improper entry or omission of entry in register.
Notice to rectification
35. 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 Registrar of the Registrar, the Court shall, by its order, direct that due notice of such rectification be given to the Registrar.
36. The register of members shall be prima facie evidence of any matters by this Ordinance directed or authorized to be inserted therein.
Register to be evidence.
ORDINANCE No. 1 OF 1865.
Companies, &c. (Part II. Distribution of Capital.)
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 company who shall knowingly and wilfully authorize or permit such default shall incur the like penalty.
34. If the name of any person is, without sufficient cause, entered in or omitted from the register of members of any company under this Ordinance, or if default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member of the company, the person or member aggrieved, or any mem- ber of the company, or the company itself, may, by motion in the Supreme Court sitting in its Legal or Equitable Jurisdiction, or by appli- cation 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 appli- cant, or it may, if satisfied of the justice of the case, make an order for the rectification of the register, and may 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..
689
Remedy for improper entry or omis sion of entry in register.
Notice to
rectification
35. 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 Registrar of the Registrar, the Court shall, by its order, direct that due notice of such rectification be given to the Registrar.
:
36. The register of members shall be prima facie evidence of any matters by this Ordinance directed or authorized to be inserted therein.
Register to be- evidence.
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