490

Powe:
Court to
assess
damages
against
delinqucr:
directors
ete.

BProsccutied:
of dclinquen

officers anc
members ot
company

Ch. 31. No. 1.] Compantes.

liquidator, as the case may be, may himself give evidence
or call witne..

261. (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
contributery) 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 thinks
just, or to contribute such sum to the assets of the company
by way of compensation in respect of the misapplication,
retainer misfeasanece, breach of trust as the Court thinks
just.

(2) The provisions of this section shall have effect
notwithstanding that the offence is one for which the
offender may be criminally liable.

(3) Where in the ease of a winding up an order for
payment of money is made under this section, the order
shall be decnied to be a final judgment within the meaning
of paragraph (g) ef subsection (1) of section 3 of the Bank-
ruptey Ordinance

262. (1) Ji it appears to the Court in the course of «
winding up by or subject to the supervision of, the Court
that any pest or present director, manager or other officer,
or any member, of the company has been guilty of any
offence in relation to the company for which he is criminally
liable the Court may, either on the application of any
person interested in the winding up or of its own motion,
direct th liquidater to prosecute the offender.

(2) Tf it appears to the liquidator in the course of a
voluntary winding up that any past or present director,
manager or other officer, or any member, of the company
has been guilty of anv offence in relation to the companv