COMPANIES ACT, 1929

737

(2) Where any person to whom this section applies has reason
to apprehend that any claim will or might be made against him in
respect of any negligence, default, breach of duty or breach of trust,
he may apply to the court for relief, and the court on any such
application shall have the same power to relieve him as under this
section it would have had if it had been a court before which pro-
ceedings against that person for negligence, default, breach of duty
or breach of trust had been brought.

(3) Where any case to which subsection (1) of this section
applies is being tried by a judge with a jury the judge, after hearing
the evidence, may, if he is satisfied that the defendant ought in
pursuance of that subsection to be relieved either in whole or in part
from the liability sought to be enforced against him, withdraw
the case in whole or in part from the jury and forthwith direct judg-
ment to be entered for the defendant on such terms as to costs or
otherwise as the judge may think proper.

(4) The persons to whom this section applies are the following :—

(a) directors of a company:

(b) managers of a company:

(¢' officers of a company:

‘a, persons employed by a company as auditors, whether
thev are or are not officers of the company.
373. Orders made by the High Court under this Act may be Power to enforce
enforced in the same manner as orders made in an action pending orders
therein
374.—(1) The Court of Session may, by Act of Sederunt, make Rules of pro
rules regulating the procedure in proceedings under this Act in the Srduse in
Court of Session or in a sheriff court, including appeals from the cottand.
sheriff court.

(2) The power to make rules under this section includes pew.
to make rules with respect to costs and fees

375.—(1) In the case of a company subject to the stannaries
jurisdiction, the court exercising the stannaries jurisdiction shall
have and exercise the like jurisdiction and powers, as well on the
common law as on the equity side thereof, as the Court of the Vice-
Warden of the stannaries possessed before the commencement of the
Stannaries Court (Abolition) Act, 1896, by custom, usage, or statute
in the case of unincorporated companies, but only so far as is con-
sistent with the provisions of this Act and with the constitution of
companies as prescribed or required by this Act.

(2) For the purpose of giving fuller effect to that jurisdiction, all
process issuing out of the said court, and all orders, rules, demands,
notices, warrants, and summonses required or authorised by the
practice of the court to be served on any company, whether registered
or not registered, or on any member or contributory thereof, or on
any officer, agent, director, manager, or servant thereof, may be
served in any part of England without any special order of the

Jurisdiction of
stannaries court