1901_COMPANIES_ORDINANCE__1865 — Page 34

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1865.]

COMPANIES.

[No. 1.

83

difference, question, or other matter whatsoever in dispute between itself and any other company or person.

(2.) The companies parties to the arbitration may delegate to the person or persons to whom the reference is made power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves or by the directors or other managing body of the companies.

(3.) For the purposes of the application of the said Act to this Ordinance, the words "the Board of Trade" therein occurring shall be read as meaning the Governor and the words "any of Her Majesty's Superior Courts of Record at Westminster or, as the case may be, at Dublin" shall be read as meaning the Supreme Court.

121. All the provisions of the Railway Companies Arbitration Act, 1859, shall be deemed to apply to arbitrations between companies and persons in pursuance of this Ordinance; and in the construction of those provisions the words "the companies" shall be deemed to include companies authorized by this Ordinance to refer disputes to arbitration.

Application of provisions of Imperial Act. 25 & 26 Vict. c. 89 s. 73.

PART IV.

WINDING-UP.

Preliminary.

contributory. Ib. s. 74.

122.-(1.) The term "contributory" shall mean every person liable to contribute to the assets of a company under this Ordinance, in the event of the same being wound up.

(2.) It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to the final determination of such persons, include any person alleged to be a contributory.

123.-(1.) The liability of any person to contribute to the assets of a company under this Ordinance, in the event of the same being wound up, shall be deemed to create a debt of the nature of a specialty debt accruing due from such person at the time when his liability commenced, but payable at the time or respective times when calls are made as hereinafter mentioned for enforcing such liability.

(2.) It shall be lawful, in the case of the bankruptcy of any contributory, to prove against his estate the estimated value of his liability to future calls, as well as calls already made.

124. If any contributory dies either before or after he has been placed on the list of contributories hereinafter mentioned, his personal

Nature of liability of contributory Ib. s. 75.

Contributories in case of death of member

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A.D. 1865.] COMPANIES. [No. 1. 83 difference, question, or other matter whatsoever in dispute between itself and any other company or person. (2.) The companies parties to the arbitration may delegate to the person or persons to whom the reference is made power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves or by the directors or other managing body of the companies. (3.) For the purposes of the application of the said Act to this Ordinance, the words "the Board of Trade" therein occurring shall be read as meaning the Governor and the words "any of Her Majesty's Superior Courts of Record at Westminster or, as the case may be, at Dublin" shall be read as meaning the Supreme Court. 121. All the provisions of the Railway Companies Arbitration Act, 1859, shall be deemed to apply to arbitrations between companies and persons in pursuance of this Ordinance; and in the construction of those provisions the words "the companies" shall be deemed to include companies authorized by this Ordinance to refer disputes to arbitration. Application of provisions of Imperial Act. 25 & 26 Vict. c. 89 s. 73. PART IV. WINDING-UP. Preliminary. contributory. Ib. s. 74. 122.-(1.) The term "contributory" shall mean every person liable to contribute to the assets of a company under this Ordinance, in the event of the same being wound up. (2.) It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to the final determination of such persons, include any person alleged to be a contributory. 123.-(1.) The liability of any person to contribute to the assets of a company under this Ordinance, in the event of the same being wound up, shall be deemed to create a debt of the nature of a specialty debt accruing due from such person at the time when his liability commenced, but payable at the time or respective times when calls are made as hereinafter mentioned for enforcing such liability. (2.) It shall be lawful, in the case of the bankruptcy of any contributory, to prove against his estate the estimated value of his liability to future calls, as well as calls already made. 124. If any contributory dies either before or after he has been placed on the list of contributories hereinafter mentioned, his personal Nature of liability of contributory Ib. s. 75. Contributories in case of death of member
Baseline (Original)
A.D. 1865.] COMPANIES. [No. 1. 83 difference, question, or other matter whatsoever in dispute between itself and any other company or person. (2.) The companies parties to the arbitration may delegate to the person or persons to whom the reference is made power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves or by the directors or other managing body of the companies. (3.) For the purposes of the application of the said Act to this Ordi- nance, the words "the Board of Trade" therein occurring shall be read as meaning the Governor and the words "any of Her Majesty's Superior Courts of Record at Westminster or, as the case may be, at Dublin shall be read as meaning the Supreme Court. 121. All the provisions of the Railway Companies Arbitration Act, 1859, shall be deemed to apply to arbitrations between companies and persons in pursuance of this Ordinance; and in the construction of those provisions the words "the companies" shall be deemed to include companies authorized by this Ordinance to refer disputes to arbitration. Application of provisions of Imperial Act. 25 & 26 Viet. c. 89 s. 73. PART IV. WINDING-UP, Preliminary. contributory. Ib. s. 74. 122.-(1.) The term "contributory" shall mean every person liable Meaning of to contribute to the assets of a company under this Ordinance, in the event of the same being wound up. (2.) It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to the final determination of such persons, include any person alleged to be a con- tributory. 123.-(1.) The liability of any person to contribute to the assets of a company under this Ordinance, in the event of the same being wound up, shall be deemed to create a debt of the nature of a specialty debt accruing due from such person at the time when his liability commenced, but payable at the time or respective times when calls are made as here- inafter mentioned for enforcing such liability. (2.) It shall be lawful, in the case of the bankruptcy of any contribu- tory, to prove against his estate the estimated value of his liability to future calls, as well as calls already made. 124. If any contributory dies either before or after he has been placed on the list of contributories hereinafter mentioned, his personal Nature of liability of contributory Ib. s. 75. Contributo- death of mem- ries in case of
2026-05-02 20:39:52 · Baseline
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A.D. 1865.]

COMPANIES.

[No. 1.

83

difference, question, or other matter whatsoever in dispute between itself and any other company or person.

(2.) The companies parties to the arbitration may delegate to the person or persons to whom the reference is made power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves or by the directors or other managing body of the companies.

(3.) For the purposes of the application of the said Act to this Ordi- nance, the words "the Board of Trade" therein occurring shall be read as meaning the Governor and the words "any of Her Majesty's Superior Courts of Record at Westminster or, as the case may be, at Dublin shall be read as meaning the Supreme Court.

121. All the provisions of the Railway Companies Arbitration Act, 1859, shall be deemed to apply to arbitrations between companies and persons in pursuance of this Ordinance; and in the construction of those provisions the words "the companies" shall be deemed to include companies authorized by this Ordinance to refer disputes to arbitration.

Application of provisions of Imperial Act. 25 & 26 Viet.

c. 89 s. 73.

PART IV.

WINDING-UP,

Preliminary.

contributory. Ib. s. 74.

122.-(1.) The term "contributory" shall mean every person liable Meaning of to contribute to the assets of a company under this Ordinance, in the event of the same being wound up.

(2.) It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to the final determination of such persons, include any person alleged to be a con- tributory.

123.-(1.) The liability of any person to contribute to the assets of a company under this Ordinance, in the event of the same being wound up, shall be deemed to create a debt of the nature of a specialty debt accruing due from such person at the time when his liability commenced, but payable at the time or respective times when calls are made as here- inafter mentioned for enforcing such liability.

(2.) It shall be lawful, in the case of the bankruptcy of any contribu- tory, to prove against his estate the estimated value of his liability to future calls, as well as calls already made.

124. If any contributory dies either before or after he has been placed on the list of contributories hereinafter mentioned, his personal

Nature of liability of

contributory

Ib. s. 75.

Contributo- death of mem-

ries in case of

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