COMPANIES ACT, 1929

652

(3) If any question arises in any winding up proceeding in a
county court which all the parties to the proceeding, or which one
of them and the judge of the court, desire to have determined in
the first instance in the High Court, the judge shall state the facts
in the form of a special case for the opinion of the High Court,
and thereupon the special case and the proceedings, or such of them
as may be required, shall be transmitted to the High Court for the
purposes of the determination.

166.—(1) The Court of Session shall have jurisdiction to wind up
any company registered in Scotland.
(2) When the Court of Session is in vacation, the jurisdiction
conferred on that court by this section may, subject to the provisions
of this Act, be exercised by the Lord Ordinary on the Bills.

(3) Where the amount of the share capital of a company paid
up or credited as paid up does not exceed ten thousand pounds, the
sheriff court of the sheriffdom in which the registered office of the
company is situate shall have concurrent jurisdiction with the
Court of Session to wind up the company:

Provided that—

(a) it shall be lawful for the Court of Session, if it appears
to the court having regard to the amount of the assets
of the company expedient to do so, to remit to any sheriff
court any petition presented to the Court of Session for
winding up any such company, or to require any such
petition presented to a sheriff court to be remitted to
the Court of Session; and
it shall be lawful for the Court of Session to require that
any such petition as aforesaid presented to one sheriff
court be remitted to another sheriff court; and
in a winding up in the sheriff court it shall be lawful for
the sheriff court to submit a stated case for the opinion
of the Court of Session on any question of law arising
in that winding up.

(4) For the purposes of this section, the expression ‘‘ registered
office” means the place which has longest been the registered
office of the company during the six months immediately preceding
the presentation of the petition for winding up.

Cc,

167. Where the Court of Session makes a winding-up order, it
may, if it thinks fit, at any time direct all subsequent proceedings
in the winding up to be taken before one of the permanent Lords
Ordinary, and remit the winding up to him accordingly, and there-
upon that Lord Ordinary shall, for the purposes of the winding up,
have all the powers and jurisdiction of the court:

Provided that the Lord Ordinary may report to the division
of the court any matter which may arise in the course of the winding
up.

Jurisdiction to
wind up com-
nanies in
Scotland,

Power in Scot-
land to remit

winding up to
Lord Ordinary