COMPANIES ACT, 1929

703

Northern Ireland, and also of the official seal or stamp of the several
offices of the High Court in England or Northern Ireland, or of the
Court of Session, appended to or impressed on any document made,
issued, or signed under the provisions of this Part of this Act, or any
official copy thereof.

290.—(1) The judges of the county courts in England who sit at
places more than twenty miles from the General Post Office, and in
Northern Ireland the judge exercising the bankruptcy jurisdiction
of the High Court and county court judges and recorders, and the
sheriffis of counties in Scotland, shall be commissioners for the
purpose of taking evidence under this Act, where a company is
wound up in England or Scotland, and the court may refer the whole
or any part of the examination of any witnesses under this Act to
any person hereby appointed commissioner, although he is out of the
jurisdiction of the court that made the winding up order.

(2) Every commissioner shall, in addition to any powers which
he might lawfully exercise as a judge of county courts, judge exercis-
ing the said bankruptcy jurisdiction, county court judge, recorder or
sheriff, have in the matter so referred to him all the same powers of
summoning and examining witnesses, of requiring the production
or delivery of documents, of punishing defaults by witnesses, and of
allowing costs and expenses to witnesses, as the court which made
the winding-up order.

(3) The examination so taken shall be returned or reported to the
court which made the order in such manner as that court directs.
291.—(1) The court may direct the examination in Scotland of
any person for the time being in Scotland, whether a contributory
of the company or not, in regard to the trade, dealings, affairs or
property of any company in course of being wound up, or of any
person being a contributory of the company, so far as the company
may be interested therein by reason of his being a contributory.

(2) The order or commission to take the examination aforesaid
shall be directed to the sheriff of the county in which the person to be
examined is residing or happens to be for the time, and the sheriff
shall summon that person to appear before him at a time and place
to be specified in the summons for examination on oath as a witness
or as a haver, and to produce any books or papers called for which are
in his possession or power.

(3) The sheriff may take the examination either orally or on
written interrogatories, and shall report the same in writing in the
usual form to the court, and shall transmit with the report the books
and papers produced, if the originals thereof are required and specified
by the order or commission, or otherwise copies thereof or extracts
therefrom authenticated by the sheriff.

(4) If any person so summoned fails to appear at the time and
place specified, or refuses to be examined or to make the production
required, the sheriff shall proceed against him as a witness or haver
duly cited and failing to appear or refusing to give evidence or make
production may be proceeded against by the law of Scotland.

Special com-
mission for re-
ceiving evidence.

Court may ordet
=xarmination of
persons in
Scotland.