COMPANIES.
No. 58 of 1911.
2099
(3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel.
(4) The court may put such questions to the person examined as the court thinks fit.
(5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.
(6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the Official Receiver's report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him: Provided that if he is, in the opinion of the court, exculpated from any charges made or suggested against him, the court may allow him such costs as in its discretion it may think fit.
(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.
to arrest
8 Edw. 7, C. 69, s. 176.
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 its jurisdiction, 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 movable personal property to be seized, and him and them to be safely kept until such time as the court may order.
* As amended by No. 31 of 1915.
COMPANIES.
No. 58 of 1911.
2099
(3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel.
(4) The court may put such questions to the person examined as the court thinks fit.
(5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.
(6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the Official Receiver's report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him: Provided that if he is, in the opinion of the court, exculpated from any charges made or suggested against him, the court may allow him such costs as in its discretion it may think fit.
(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.
to arrest
8 Edw. 7,
C.
***
171. The court, at any time either before or after making Power a winding-up order, on proof of probable cause for believing absconding that a contributory is about to quit its jurisdiction, or other contributory. wise to abscond, or to remove or conceal any of his property c. 69, s. 176. 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 movable personal property to be seized, and him and them to be safely kept until such time as the court may order.
* As amended by No. 31 of 1915.
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