Companies. [Ch. 31. No. 1.

for which he is criminally liable, he may with the consent
in writing of the Attorney General prosecute the offender

(3) It shall be the duty of every officer and agent of
the company, past and present (other than the defendant
in the proceedings), to give all assistance in connection with
the prosecution which he is reasonably able to give.

For the purposes of this subsection, the expression

agent ’’ in relation to a company shall be deemed to
include any banker or solicitor of the company, and any
person employed by the company as auditor, whether that
person is or is not an officer of the company.

(4) If any person fails or neglects to give assistance
in manner required by subsection (3) of this section, the
Court may direct that person to comply with the require-
ments of the said subsection and make such other order as
it thinks just.

(5) All costs and expenses properly incurred by the
liquidator in the prosecution of offenders under sub-
sections (1) and (2) of this section shall be payable out of the
assets of the company in priority to all other liabilities.

Supplementary provisions as to winding up.

263. A body corporate shall not be qualified for appoint -
ment as liquidator of a company, whether in a winding up
by or under the supervision of the Court or in a voluntary
winding up, and any appointment made in contravention
of this provision shall be void.

264. (1) If any liquidator, who has made any default in
filing, delivering or making any return, account or other
document, or in giving any notice which he is by law required
to file, de liver, make or give, fails to make good the default
within fourteen days after the service on him of a notice
requiring him to do so, the Court may, on an application
made to the Court by any contributory or creditor of the
company or by the Registrar, make an order directing the
liquidator to make good the default within such time as
may be specified in the order.

(2) Any such order may provide that all costs of and
incidental to the application shall be borne by the liquidator.

49]

Disqualiti-
cation for
appointment
as liquidator

Enforcement
of duty of
liquidator tu
make
returns, etc.