Full text: Secretarial practice

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
	        
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