4 & 5 Geo. 5
C. 59.

Power of court
to assess
damages against
delinquent
directors &c

696

SECRETARIAL PRACTICE
to the carrying on of the business in manner aforesaid, shall be liable
on conviction on indictment to imprisonment for a term not exceeding
one vear,

(4) The court may, in the case of any person in respect of
whom a declaration has been made under subsection (1) of this
section, or who has been convicted of an offence under subsection (3)
of this section, order that that person shall not, without the leave
of the court, be a director of or in any way, whether directly or
indirectly, be concerned in or take part in the management of a
company for such period, not exceeding five years, from the date
of the declaration or of the conviction, as the case may be, as may be
specified in the order, and if any person acts in contravention of an
order made under this subsection he shall, in respect of each offence,
be liable on conviction on indictment to imprisonment for a term not
exceeding two years, or on summary conviction to imprisonment for
a term not exceeding six months or to a fine not exceeding five
hundred pounds, or to both such imprisonment and fine.

In this subsection the expression “the court” in relation to the
making of an order, means the court by which the declaration was
made or the court before which the person was convicted, as the case
may be, and in relation to the granting of leave means anv court
having jurisdiction to wind up the company.

(5) For the purposes of this section, the expression ‘‘ director”
shall include any person in accordance with whose directions or
instructions the directors of a company have been accustomed to act.

(6) The provisions of this section shall have effect notwithstand-
ing that the person concerned may be criminally liable in respect of
the matters on the ground of which the declaration is to be made, and
where the declaration under subsection (1) of this section is made
in the case of a winding up in England, the declaration shall be
deemed to be a final judgment within the meaning of paragraph
(g) of subsection (1) of section one of the Bankruptcy Act, 1914.

(7) Itshall be the duty of the official receiver or of the liquidator
to appear on the hearing of an application for leave under sub-
section (4) of this section, and on the hearing of an application under
that subsection or under subsection (1) of this section the official
receiver or the liquidator, as the case mav be. mav himself give
evidence or call witnesses.
276.—(1) If in the course of winding up a company it appears
that any person who has taken part in the formation or promotion of
the company, or any past or present director, manager, or liquidator,
or any officer of the company, has misapplied or retained or become
liable or accountable for any money or property of the company,
or been guilty of any misfeasance or breach of trust in relation to the
company, the court may, on the application of the official receiver,
or of the liquidator, or of any creditor or contributory, examine
into the conduct of the promoter, director, manager, liquidator, or
officer, and compel him to repay or restore the money or property or
any part thereof respectively with interest at such rate as the court