Dissolution of com pany. Registrar to make 111. When the affairs of the company have been completely wound up the Court shall make an order that the company be dissolved from the date of such order, and the company shall be dissolved accordingly. 112. Any order so made shall be reported by the official liquidator to the registrar, who shall make a minute accorddissolution ingly in his books of the dissolution of such company. minute of of company. 113. If the official liquidator makes default in reporting to the registrar, in the case of a company being wound up by Penalty on not report- the Court, the order that the company be dissolved, he shall ing disso be liable to a penalty not exceeding five pounds for every company. day during which he is so in default. lution of Petition to be lis pen dens, [repealed by 30 & 31 Vict. c. 47, s. 1.] Power of Court to summon before it 114. Any petition for winding up a company by the Court under this Act shall constitute a lis pendens within the terms of the Act passed in the session holden in the second and third years of the reign of Her present Majesty, chapter eleven, and intituled an "Act for the better Protection of Purchasers against Judgments, Crown Debts, lis pendens, and Fiats in Bankruptcy," provided the same is duly registered in manner required by such Act concerning suits in equity. Extraordinary Powers of Court. 115. The Court may, after it has made an order for winding up the company, summon before it any officer of the company or person known or suspected to have in his possession any of the estate or effects of the company, or supposed to be indebted to the company, or any person whom the Court may deem capable of giving information concerning the trade, dealings, estate, or effects of the company; and the Court may require any such officer or person to produce any books, papers, deeds, writings, or other documents in his custody or power relating to the company; and if any person so summoned, after being tendered a reasonable 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; nevertheless, in cases where any person claims any lien on papers, deeds, or writings or documents produced by him, such production shall be without prejudice to such lien, and the Court shall have jurisdiction in the winding up to determine all questions relating to such lien. as to Court the Stan 116. If, after an order for winding up in the Court of the Special Vice Warden of the Stannaries, it appears that any person provisions claims property in, or any lien, legal or equitable, upon any of viceof the machinery, materials, ores, or effects on the mine, or wardens of on premises occupied by the company in connection with the naries. mine, or to which the company was at the time of the order prima facie entitled, it shall be lawful for the Vice Warden or the registrar to adjudicate upon such claim on interpleader in the manner provided by section eleven of the Act passed in the eighteenth year of the reign of Her present Majesty, chapter thirty-two; and any action or issue directed upon such interpleader may, if the Vice Warden think fit, be tried in his Court or at the assizes or the sittings in London or Middlesex, before a judge of one of the Superior Courts, in the manner and on the terms and conditions herein before provided in the case of disputed debts and claims of creditors. tion of 117. The Court may examine upon oath, either by word of Examinamouth or upon written interrogatories, any person appearing parties by or brought before them in manner aforesaid concerning the Court. 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. arrest con to remove 118. The Court may, at any time before or after it has Power to made an order for winding up a company, upon proof being tributory given that there is probable cause for believing that any about to contributory to such company is about to quit the United abscond, or Kingdom, or otherwise abscond or to remove or conceal any or conceal of his goods or chattels, for the purpose of evading payment any of his of calls, or for avoiding examination in respect of the affairs of the company, cause such contributory to be arrested, and his books, papers, moneys, securities for moneys, goods, and chattels to be seized, and him and them to be safely kept until such time as the Court may order. property. of Court 119. Any powers by this Act conferred on the Court shall Powers be deemed to be in addition to and not in restriction of any cumulaother powers subsisting, either at law or in equity, of insti- tive. tuting proceedings against any contributory, or the estate of any contributory, or against any debtor of the company, for Power to enforce orders. Power to tributories to pay calls. 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 and Appeal from Orders. 120. All orders made by the Court of Chancery in England or Ireland under this Act may be enforced in the same manner in which orders of such Court of Chancery made in any suit pending therein may be enforced, and for the purposes of this part of this Act the Court of the Vice Warden of the Stannaries shall, in addition to its ordinary powers, have the same power of enforcing any orders made by it as the Court of Chancery in England has in relation to matters within the jurisdiction of such Court, and for the last-mentioned purposes the jurisdiction of the Vice Warden of the Stannaries shall be deemed to be co-extensive in local limits with the jurisdiction of the Court of Chancery in England. 121. Where an order, interlocutor, or decree has been order con- made in Scotland for winding up a company by the Court, in Scotland it shall be competent to the Court in Scotland during session, and to the Lord Ordinary on the bills during vacation, on production by the liquidators of a list certified by them of the names of the contributories liable in payment of any calls which they may wish to enforce, and of the amount due by each contributory respectively, and of the date when the same became due, to pronounce forthwith a decree against such contributories for payment of the sums so certified to be due by each of them respectively, with interest from the said date till payment, at the rate of five pounds per centum per annum, in the same way and to the same effect as if they had severally consented to registration for execution, on a charge of six days, of a legal obligation to pay such calls and interest; and such decree may be extracted immediately, and no suspension thereof shall be competent, except on caution or consignation, unless with special leave of the Court or Lord Ordinary. Order made in England 122. Any order made by the Court in England for or in the course of the winding-up of a company under this Act shall be enforced in Scotland and Ireland in the Courts that forced in would respectively have had jurisdiction in respect of such to be encompany if the registered office of the company had been Ireland and situate in Scotland or Ireland, and in the same manner in all Scotland. respects as if such order had been made by the Courts that are hereby required to enforce the same; and in like manner orders, interlocutors, and decrees made by the Court in Scotland for or in the course of the winding-up of a company shall be enforced in England and Ireland, and orders made by the Court in Ireland for or in the course of winding up a company shall be enforced in England and Scotland, by the Courts which would respectively have had jurisdiction in the matter of such company if the registered office of the company were situate in the division of the United Kingdom where the order is required to be enforced, and in the same manner in all respects as if such order had been made by the Court required to enforce the same in the case of a company within its own jurisdiction. with orders forced by 123. Where any order, interlocutor, or decree made by Mode of one Court is required to be enforced by another Court, as dealing herein before provided, an office copy of the order, inter- to be enlocutor, or decree so made shall be produced to the proper other officer of the Court required to enforce the same, and the Courts. production of such office copy shall be sufficient evidence of such order, interlocutor, or decree having been made, and thereupon such last-mentioned Court shall take such steps in the matter as may be requisite for enforcing such order, interlocutor, or decree, in the same manner as if it were the order, interlocutor, or decree of the Court enforcing the same. from orders. 124. Rehearings of and appeals from any order or decision Appeals made or given in the matter of the winding-up of a company by any Court having jurisdiction under this Act may be had in the same manner and subject to the same conditions in and subject to which appeals may be had from any order or decision of the same Court in cases within its ordinary jurisdiction; subject to this restriction, that no such rehearing or appeal shall be heard unless notice of the same is given within three weeks after any order complained of has been made, in manner in which notices of appeal are ordinarily given, according to the practice of the Court appealed from, unless such time is extended by the Court of Judicial notice to be taken ture of officers. Appeal: Provided that it shall be lawful for the Lord Warden of the Stannaries, by a special or general order, to remit at once any appeal allowed and regularly lodged with him against any order or decision of the Vice Warden made in the matter of a winding-up to the Court of Appeal in Chancery, which Court shall thereupon hear and determine such appeal, and have power to require all such certificates of the Vice Warden, records of proceedings below, documents, and papers as the Lord Warden would or might have required upon the hearing of such appeal, and to exercise all other the jurisdiction and powers of the Lord Warden specified in the Act of Parliament passed in the eighteenth year of the reign of Her present Majesty, chapter thirty-two, and any order so made by the Court of Appeal in Chancery shall be final without any further appeal. 125. In all proceedings under this part of this Act, all Courts, Judges, and persons judicially acting, and all other of signa- officers, judicial or ministerial, of any Court, or employed in enforcing the process of any Court, shall take judicial notice of the signature of any officer of the Courts of Chancery or Bankruptcy in England or in Ireland, or of the Court of Session in Scotland, or of the Registrar of the Court of the Vice Warden of the Stannaries, and also of the official seal or stamp of the several offices of the Courts of Chancery or Bankruptcy in England or Ireland, or of the Court of Session in Scotland, or of the Court of the Vice Warden of the Stannaries, when such seal or stamp is appended to or impressed on any document made, issued, or signed under the provisions of this part of the Act, or any official copy thereof. Special commis sioners for receiving evidence. 126. The commissioners of the Court of Bankruptcy and the Judges of the county courts in England who sit at places more than twenty miles from the General Post Office, and the commissioners of bankrupt and the assistant barristers and recorders in Ireland, and the sheriffs of counties in Scotland, shall be commissioners for the purpose of taking evidence under this Act in cases where any company is wound up in any part of the United Kingdom, and it shall be lawful for the Court to refer the whole or any part of the examination of any witnesses under this Act to any person hereby appointed commissioner, although such commissioner is out |