« EelmineJätka »
Warden of Stannaries.
THE JURISDICTION OF THE STANNARIES.
It is not within the scope of this Work to consider the cases within the jurisdiction of the Stannaries or the practice on winding up Companies therein.
It may be useful, however, to draw the attention of the reader to the provision that the Court of the Vice Warden of the Stannaries alone has jurisdiction to wind up Companies engaged in working mines within and subject to the jurisdiction of the Stannaries, and that although the Company may be registered under the Act of
The sections in the Act of 1862 specially relating to the jurisdiction of the Stannaries, and certain powers conferred thereon, are sections 68, 108 and 116.
68. In the case of Companies under this Act, and engaged in working mines within and subject to the jurisdiction of the Stannaries, the Court of the Vice Warden of the Stannaries shall have and exercise the like jurisdiction and powers, as well on the common law as on the equity side thereof, which it now possesses by custom, usage, or statute in the case of unincorporated Companies, but only so far as such jurisdiction or powers are consistent with the provisions of this Act and with the constitution of Companies as prescribed or required by this Act; and for the purpose of
giving fuller effect to such jurisdiction in all actions, suits, or legal proceedings instituted in the said Court, in causes or matters whereof the Court has cognizance, all process issuing out of the same, and all orders, rules, demands, notices, warrants, and summonses required or authorized by the practice of the Court to be served on any Company, whether registered or not registered, or any member or contributory thereof, or any officer, agent, director, manager, or servant thereof, may be served in any part of England without any special order of the Vice Warden for that purpose, or by such special order may be served in any part of the United Kingdom of Great Britain and Ireland, or in the adjacent islands, parcel of the dominions of the crown, on such terms and conditions as the Court shall think fit; and all decrees, orders, and judgments of the said Court made or pronounced in such causes or matters may be enforced in the same manner in which decrees, orders, and judgments of the Court may now by law be enforced, whether within or beyond the local limits of the Stannaries; and the seal of the said Court, and the signature of the registrar thereof, shall be judicially noticed by all other Courts and Judges in England, and shall require no other proof than the production thereof: The registrar of the said Court, or the assistant registrar, in making sales under any decree or order of the Court shall be entitled to the same privilege of selling by auction or competition without a licence, and without being liable to duty, as a Judge of the Court of Chancery is entitled to in pursuance of the Acts in that behalf.
of the Vice
108. If in the course of proving the debts and claims of Proceedings creditors in the Court of the Vice Warden of the Stannaries in the Court any debt or claim is disputed by the official liquidator or by Warden of any creditor or contributory, or appears to the Court to be the Stan. open to question, the Court shall have power, subject to naries on appeal as hereinafter provided, to adjudicate upon it, and debts. for that purpose the said Court shall have and exercise all needful powers of inquiry touching the same by affidavit or by oral examination of witnesses or of parties, whether voluntarily offering themselves for examination or summoned to attend by compulsory process of the Court, or to produce documents before the Court; and the Court shall also have power, incidentally, to decide on the validity and extent of any lien or charge claimed by any creditor on any property of the Company in respect of such
of the Stan
debt, and to make declarations of right, binding on all persons interested; and for the more satisfactory determination of any question of fact, or mixed question of law and fact arising on such inquiry, the Vice Warden shall have power, if he thinks fit, to direct and settle any action or issue to be tried either on the common law side of his Court, or by a common or special jury, before the justices of assize in and for the counties of Cornwall or Devon, or at any sittings of one of the superior Courts in London or Middlesex, which action or issue shall accordingly be tried in due course of law, and without other or further consent of parties, and the finding of the jury in such action or issue shall be conclusive of the facts found, unless the Judge who tried it makes known to the Vice Warden that he was not satisfied with the finding, or unless it appears to the Vice Warden that, in consequence of miscarriage, accident, or the subsequent discovery of fresh material evidence, such finding ought not to be conclusive.
116. If after an order for winding up in the Court of the Vice Warden of the Stannaries, it appears that any person claims property in, or any lien, legal or equitable, upon any of the machinery, materials, ores, or effects on the mine, or on premises occupied by the Company in connexion with the 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 hereinbefore provided in the case of disputed debts and claims of creditors.
It will also be found that several of the other sections in the Act apply to the winding up in the Stannaries Court, under the general expression of "the Court."
DIRECTORS AND OFFICERS OF COMPANY, PROCEEDINGS
The following sections relate to the prosecution of delinquent directors or other officers of the Company, whether the winding up is voluntary or by the Court, or under the supervision of the Court.
165. Where in the course of the winding up of any Power of Company under this Act, it appears that any past or present Court to director, manager, official or other liquidator, or any officer mages of such Company, has misapplied or retained in his own against dehands or become liable or accountable for any monies of the linquent Company, or been guilty of any misfeasance or breach of officers. trust in relation to the Company, the Court may, on the application of any liquidator or of any creditor or contributory of the Company, notwithstanding that the offence is one for which the offender is criminally responsible, examine into the conduct of such director, manager, or other officer, and compel him to repay any monies so misapplied or retained, or for which he has become liable or accountable, together with interest after such rate as the Court thinks just, or to contribute such sums of money to the assets of the Company by way of compensation in respect of such misapplication, retainer, misfeasance, or breach of trust, as the Court thinks just.
166. If any director, officer, or contributory of any Com- Penalty on pany wound up under this Act destroys, mutilates, alters, falsification or falsifies any books, papers, writings, or securities, or makes
directors in the case of
winding up by Court.
&c, in case
or is privy to the making of any false or fraudulent entry in any register, book of account, or other document belonging to the Company, with intent to defraud or deceive any person, every person so offending shall be deemed to be guilty of a misdemeanor, and upon being convicted shall be liable to imprisonment for any term not exceeding two years with or without hard labour.
167. Where any order is made for winding up a Company by the Court or subject to the supervision of the Court, if it appear in the course of such winding up that any past or present director, manager, officer, or member of such Company has been guilty of any offence in relation to the Company for which he is criminally responsible, the Court may, on the application of any person interested in such winding up, or of its own motion, direct the official liquidators, or the liquidators, (as the case may be,) to institute and conduct a prosecution or prosecutions for such offence, and may order the costs and expenses to be paid out of the assets of the Company.
168. Where a Company is being wound up altogether of delinquent voluntarily, if it appear to the liquidators conducting such winding up that any past or present director, manager, of voluntary officer, or member of such Company has been guilty of any winding up. offence in relation to the Company for which he is criminally responsible, it shall be lawful for the liquidators, with the previous sanction of the Court, to prosecute such offender, and all expences properly incurred by them in such prosecution shall be payable out of the assets of the Company in priority to all other liabilities.
Rule 51. Every application under the 137th, 138th or 141st section of the said Act shall be made by petition or motion, or if the Judge shall so direct by summons at chambers, and every application under the 167th or 168th section of the Act shall be made by petition.
The application under sect. 165, in the case of a Company winding up voluntarily, would be the same as under sect. 138 (see ante, p. 189). In a winding up by the Court, or under the supervision of the Court, the application may be made in Chambers.