672
SECRETARIAL PRACTICE
(3) It shall be the duty of the official receiver to appear on the
hearing of an application by him for an order under this section and
on an application for leave under this section and to call the attention
of the court to any matters which appear to him to be relevant, and
on any such application the official receiver mav himself give evidence
or call witnesses.
(4) If any person acts in contravention of an order made under
this section, 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.
(5) The provisions of this section shall have effect notwith-
standing that the person concerned may be criminally liable in respect
of the matters on the ground of which the order is to be made.
Power to arrest
absconding con-
tributorv.
Powers of court
cumulative.
Delegation to
liquidator of
certain powers
of court in
England.
218. The court at any time either before or after making a winding-
up order, on proof of probable cause for believing that a contributory
is about to quit the United Kingdom, or otherwise to abscond, or to
remove or conceal any of his property for the purpose of evading
payment of calls, or of avoiding examination respecting the affairs
of the company, may cause the contributory to be arrested, and his
books and papers and moveable personal property to be seized, and
him and them to be safely kept until such time as the court may
order
219. Any powers by this Act conferred on the court shall be in
addition to and not in restriction of any existing powers of instituting
proceedings against any contributory or debtor of the company, or
the estate of any contributory or debtor, for the recovery of any call
nr other sums.
220. Provision may be made by general rules for enabling or
requiring all or any of the powers and duties conferred and imposed
on the court in England bv this Act in respect of the following
matters—
(1) the holding and conducting of meeting to ascertain the
wishes of creditors and contributories; .
(2) the settling of lists of contributories and the rectifying of
the register of members where required. and the collecting
and applying of the assets:
(3) the paying, delivery, conveyance, surrender or transfer of
money, property, books or papers to the liquidator:
(4) the making of calls;
(5) the fixing of a time within which debts and claims must be
proved;
to be exercised or performed by the liquidator as an officer of the
court, and subject to the control of the court: