92
Mode of examination of
The Court.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1865.
sum for his expenses, refuses to come before the Court at the time appointed, having no lawful impediment (made known to the Court at the time of its sitting and allowed by it), the Court may cause such person to be apprehended and brought before the Court for examination.
161. The Court may examine upon oath, either by word of mouth or on written interrogatories, any person appearing or brought before it in manner aforesaid concerning the affairs, dealings, estate, or effects of the company, and may reduce into writing the answers of every such person, and require him to subscribe the same.
25 & 26 Vict. c. 89 s. 117.
Arrest of absconding contributory. Ib. s. 118.
162. The Court may, at any time before or after it has made an order for winding up a company, on proof being given that there is probable cause for believing that any contributory to the company is about to quit the Colony or otherwise abscond, or to remove or conceal any of his goods or chattels, for the purpose of evading payment of calls or of avoiding examination in respect of the affairs of the company, cause such contributory to be arrested, and his books, papers, moneys, securities for money, goods, and chattels to be seized, and him and them to be safely kept until such time as the Court may order.
Powers of the Court cumulative.
Ib. s. 119.
Power to enforce orders.
Ib. s. 120.
Manner of swearing affidavits, etc. Ib. s. 128.
163. Any powers by this Ordinance conferred on the Court shall be deemed to be in addition to and not in restriction of any other powers subsisting, either at law or in equity, of instituting proceedings against any contributory or the estate of any contributory, or against any debtor of the company, for the recovery of any call or other sums due from such contributory or debtor or his estate, and such proceedings may be instituted accordingly.
Enforcement of Orders.
164. All orders made by the Court under this Ordinance may be enforced in the same manner in which orders of the Court in its equity jurisdiction made in any suit pending therein may be enforced.
165. No affidavit, declaration, or affirmation shall be used in any matter or proceeding under this Ordinance unless the same has been sworn or made in manner following: that is to say,-
(1.) in this Colony, before the Court, or before any officer appointed by the Court for that purpose, or before a Magistrate;
(2.) in any colony, island, plantation, or place in Her Majesty's dominions, before any court, judge, or person lawfully authorized to take and receive affidavits, declarations, or affirmations; and,
(3.) in any foreign parts out of Her Majesty's dominions, before a judge or magistrate, his signature being authenticated by the official seal of the court to which he is attached, or by a public notary, or before a British Minister, Consul, or Vice-Consul.
92
Mode of exam- ination of
The Court.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1865.
sum for his expenses, refuses to come before the Court at the time ap- pointed, having no lawful impediment (made known to the Court at the time of its sitting and allowed by it), the Court may cause such person to be apprehended and brought before the Court for examination.
161. The Court may examine upon oath, either by word of mouth or persons before on written interrogatories, any person appearing or brought before it in manner aforesaid concerning the affairs, dealings, estate, or effects of the company, and may reduce into writing the answers of every such person, and require him to subscribe the same.
25 & 26 Vict. c. 89 s. 117.
Arrest of ab-
tributory. Ib. s. 118.
162. The Court may, at any time before or after it has made an sconding con- order for winding up a company, on proof being given that there is probable cause for believing that any contributory to the company is about to quit the Colony or otherwise abscond, or to remove or conceal any of his goods or chattels, for the purpose of evading payment of calls or of avoiding examination in respect of the affairs of the company. cause such contributory to be arrested, and his books, papers, moneys. securities for money, goods, and chattels to be seized, and him and them to be safely kept until such time as the Court may order.
Powers of the Court cumu-
lative.
Zb. s. 119.
Power to en- force orders.
7b. s. 120.
Manner of swearing
affidavits, etc. Ib. s. 128.
163. Any powers by this Ordinance conferred on the Court shall be deemed to be in addition to and not in restriction of other
any
powers subsisting, either at law or in equity, of instituting proceedings against any contributory or the estate of any contributory, or against any debtor of the company, for the recovery of any call or other sums due from such contributory or debtor or his estate, and such proceedings may be insti- tuted accordingly.
Enforcement of Orders.
164. All orders made by the Court under this Ordinance may be enforced in the same manner in which orders of the Court in its equity jurisdiction made in any suit pending therein may be enforced.
165. No affidavit, declaration, or affirmation shall be used in any mat- ter or proceeding under this Ordinance unless the same has been sworn or made in manner following: that is to say,-
(1.) in this Colony, before the Court, or before any officer appointed.
by the Court for that purpose, or before a Magistrate;
(2.) in any colony, island, plantation, or place in Her Majesty's do- minions, before any court, judge, or person lawfully authorized to take and receive affidavits, declarations, or affirmations; and, (3.) in any foreign parts out of Her Majesty's dominions, before a judge or magistrate, his signature being authenticated by the official seal of the court to which he is attached, or by a public notary, or before a British Minister, Consul, or Vice-Consul.
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