704

SECRETARIAL PRACTICE
(5) The sheriff shall be entitled to such fees, and the witness
shall be entitled to such allowances, as sheriffs when acting as com-
missioners under appointment from the Court of Session and as
witnesses and havers are entitled to in the like cases according to
the law and practice of Scotland.

(6) If any objection is stated to the sheriff by the witness, either
on the ground of his incompetency as a witness, or as to the pro-
duction required, or on any other ground, the sheriff may, if he
thinks fit, report the objection to the court, and suspend the examina-
tion of the witness until it has been disposed of by the court.

292.—(1) Where any petition or application for leave to proceed
with an action or proceeding against a company which is being
wound up in Scotland is unopposed and is granted by the court, the
costs of such petition or application shall, unless the court otherwise
directs, be added to the amount of the claim of the petitioner or
applicant against the company.

(2) Nothing in this section shall be taken to affect the practice
or powers of the court as existing immediately before the commence-
ment of this Act with respect to the costs of an application for leave to
proceed with an action or proceeding against a companv which is
being wound up in England.

Affidavits, &c.,  293.—(1) Any affidavit required to be sworn under the provisions

ted King + for the purposes of this Part of this Act may be sworn in the

dominions United Kingdom, or elsewhere within the dominions of His Majesty,
before any court, judge, or person lawfully authorised to take and
receive affidavits or before any of His Majesty’s consuls or vice-
consuls in any place outside His Majesty’s dominions.

(2) All courts, judges, justices, commissioners, and persons
acting judicially shall take judicial notice of the seal or stamp or
signature, as the case may be, of any such court, judge, person,
consul, or vice-consul attached, appended, or subscribed to any such
affidavit, or to any other document to be used for the purposes of
this Part of this Act.

Power of court
to declare dis-
solution of

company void

Provisions as to Dissolution.

294.—(1) Where a company has been dissolved, the court may at
any time within two years of the date of the dissolution, on an
application being made for the purpose by the liquidator of the
Company or by any other person who appears to the court to be
interested, make an order, upon such terms as the court thinks fit,
declaring the dissolution to have been void, and thereupon such
proceedings may be taken as might have been taken if the company
had not been dissolved.

(2) It shall be the duty of the person on whose application the
order was made, within seven days after the making of the order, or
such further time as the court may allow, to deliver to the registrar
of companies for registration an office copy of the order, and if that
person fails so to do he shall be liable to a fine not exceeding five
pounds for everv dav during which the default continies