1912_COMPANIES_ORDINANCE__1911 — Page 88

HK Historical Laws 香港歷史法例 All AI Reviewed

2162

Power to arrest absconding contributory.

8 Edw. 7 c. 69 s. 176.

Powers of Court cumulative.

ib. s. 177.

Power to enforce orders.

ib. s. 178.

Appeals from order.

ib. s. 181.

No. 58 of 1911.

COMPANIES.

(7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.

(8) The Court may adjourn the examination from time to time.

(9) An examination under this section may, if the Court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the Court, and the powers of the Court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held.

171. The Court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and him and them to be safely kept until such time as the Court may order.

172. Any powers by this Ordinance conferred on the Court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums.

Enforcement of and Appeal from Orders.

173. Orders made by the Court under this Ordinance may be enforced in the same manner as orders made in any action pending therein.

174. Subject to rules of court, an appeal from any order or decision made or given in the winding up of a company by the Court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the Court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within 14 days from the date of the order or decision complained of, unless such time is extended by the Full Court.

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2162 Power to arrest absconding contributory. 8 Edw. 7 c. 69 s. 176. Powers of Court cumulative. ib. s. 177. Power to enforce orders. ib. s. 178. Appeals from order. ib. s. 181. No. 58 of 1911. COMPANIES. (7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times. (8) The Court may adjourn the examination from time to time. (9) An examination under this section may, if the Court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the Court, and the powers of the Court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held. 171. The Court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and him and them to be safely kept until such time as the Court may order. 172. Any powers by this Ordinance conferred on the Court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums. Enforcement of and Appeal from Orders. 173. Orders made by the Court under this Ordinance may be enforced in the same manner as orders made in any action pending therein. 174. Subject to rules of court, an appeal from any order or decision made or given in the winding up of a company by the Court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the Court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within 14 days from the date of the order or decision complained of, unless such time is extended by the Full Court.
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2162 Power to arrest absconding contributory. 8 Edw. 7 c. 69 s. 176. Powers of Court cumulative. ib. s. 177. Power to en- force orders. ib. s. 178. Appeals from order. ib. s. 181. No. 58 of 1911. COMPANIES. (7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times. (8) The Court may adjourn the examination from time to time. (9) An examination under this section may, if the Court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the Court, and the powers of the Court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held. 171. The Court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evad- ing payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and him and them to be safely kept until such time as the Court may order. 172. Any powers by this Ordinance conferred on the Court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums. Enforcement of and Appeal from Orders. 173. Orders made by the Court under this Ordinance may be enforced in the same manner as orders made in any action pending therein. 174. Subject to rules of court, an appeal from any order or decision made or given in the winding up of a company by the Court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the Court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within 14 days from the date of the order or decision complained of, unless such time is extended by the Full Court.
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2162

Power

to arrest absconding contributory.

8 Edw. 7

c. 69 s. 176.

Powers of Court cumulative.

ib. s. 177.

Power to en- force orders. ib. s. 178.

Appeals

from order. ib. s. 181.

No. 58 of 1911.

COMPANIES.

(7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.

(8) The Court may adjourn the examination from time to time.

(9) An examination under this section may, if the Court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the Court, and the powers of the Court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held.

171. The Court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evad- ing payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and him and them to be safely kept until such time as the Court may order.

172. Any powers by this Ordinance conferred on the Court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums.

Enforcement of and Appeal from Orders.

173. Orders made by the Court under this Ordinance may be enforced in the same manner as orders made in any action pending therein.

174. Subject to rules of court, an appeal from any order or decision made or given in the winding up of a company by the Court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the Court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within 14 days from the date of the order or decision complained of, unless such time is extended by the Full Court.

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