82
Application of penalties. 25 & 26 Vict.
c. 89 s. 66.
Ib. s. 69.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
115.-(1.) The Magistrate imposing any penalty under this Ordinance may direct the whole or any part thereof to be applied in or towards payment of the costs of the proceedings, or in or towards rewarding the person on whose information or at whose suit such penalty has been recovered.
(2.) Subject to such direction, all penalties shall be paid over to the Colonial Treasurer and shall be carried by him to the account of the funds of this Colony.
Security for
116. Where a limited company is plaintiff in any action, suit, or other legal proceeding, the Chief Justice may, if it appears by any credible testimony that there is reason to believe that, if the defendant is successful in his defence, the assets of the company will be insufficient to pay his costs, require sufficient security to be given for such costs, and may stay all proceedings until such security is given.
Claim in action by company against member. Ib. s. 70.
117. In any action or suit brought by the company against any member to recover any call or other moneys due from such member in his character of member, it shall not be necessary to set forth the special matter, but it shall be sufficient to allege that the defendant is a member of the company, and is indebted to the company in respect of a call made or other moneys due, whereby an action or suit has accrued to the company.
Use of forms. Second Schedule. Ib. s. 71.
Power to alter tables and forms in Schedules. Ib.
Arbitration between companies and others. Ib. s. 72.
22 & 23 Vict. c. 59,
118. The forms set forth in the Second Schedule to this Ordinance, or forms as near thereto as circumstances admit, shall be used in all matters to which such forms refer.
119.-(1.) The Governor may from time to time make such alterations in the tables and forms contained in the First Schedule to this Ordinance and in the forms contained in the Second Schedule to this Ordinance, or make such additions to the last-mentioned forms, as he may deem requisite.
(2.) Any such table or form, when altered, shall be published in The Gazette, and, on such publication being made, such table or form shall have the same force as if it were included in one of the Schedules to this Ordinance, but no alteration made by the Governor in the Table marked A in the First Schedule to this Ordinance shall affect any company registered prior to the date of such alteration, or repeal, as respects such company, any portion of such Table.
Arbitrations.
120 (1.) Any company under this Ordinance may from time to time, by writing under its common seal, agree to refer and may refer to arbitration, in accordance with the provisions of the Railway Companies Arbitration Act, 1859, of the Imperial Parliament, any existing or future
82
Application of penalties. 25 & 26 Vict.
c. 89 s. 66.
Ib. s. 69.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
115.-(1.) The Magistrate imposing any penalty under this Ordinance may direct the whole or any part thereof to be applied in or towards payment of the costs of the proceedings, or in or towards the rewarding the person on whose information or at whose suit such penalty has been recovered.
(2.) Subject to such direction, all penalties shall be paid over to the Colonial Treasurer and shall be carried by him to the account of the funds of this Colony.
Security for
116. Where a limited company is plaintiff in any action, suit, or other costs by plain- tiff company. legal proceeding, the Chief Justice may, if it appears by any credible testimony that there is reason to believe that, if the defendant is success- ful in his defence, the assets of the company will be insufficient to pay his costs, require sufficient security to be given for such costs, and may stay all proceedings until such security is given.
Claim in ac- tion by com-
member. 1b. s. 70.
117. In any action or suit brought by the company against any pany against member to recover any call or other moneys due from such member in his character of member, it shall not be necessary to set forth the special matter, but it shall be sufficient to allege that the defendant is a member of the company, and is indebted to the company in respect of a call made or other moneys due, whereby an action or suit has accrued to the company.
Use of forms. Second Schedule. Ib. s. 71.
Power to alter tables
and forms in Schedules.
Ib.
Arbitration between
companies
and others. 16. 8. 72.
22 & 23 Vict. c. 59,
118. The forms set forth in the Second Schedule to this Ordinance, or forms as near thereto as circumstances admit, shall be used in all matters to which such forms refer.
119.--(1.) The Governor may from time to time make such altera- tions in the tables and forms contained in the First Schedule to this Ordinance and in the forms contained in the Second Schedule to this Ordinance, or make such additions to the last-mentioned forms, as he may deem requisite.
(2.) Any such table or form, when altered, shall be published in The Gazette, and, on such publication being made, such table or form shall have the same force as if it were included in one of the Schedules to this Ordinance, but no alteration made by the Governor in the Table marked A in the First Schedule to this Ordinance shall affect any com- pany registered prior to the date of such alteration, or repeal, as respects such company, any portion of such Table.
Arbitrations.
120 (1.) Any company under this Ordinance may from time to time, by writing under its common seal, agree to refer and may refer to arbitration, in accordance with the provisions of the Railway Companies Arbitration Act, 1859, of the Imperial Parliament, any existing or future
No comments yet.
Private notes are available after approval.