it would have had if it had been a Court before which
proceedings against that person for negligence, default,
breach of duty or breach of trust had been brought.

(3) Where any case to which subsection (1) of this
section apples is being tried by a Judge with a jury, the
Judge, after hearing the evidence, may, if he is satisfied
that the defendant ought in pursuance of that subsection
to be relieved either in whole or in part from the liability
sought to be enforeed against him, withdraw the case in
whole or in part from the jury and forthwith direct: judg-
ment to be entered for the defendant on such terms as to
costs or otherwise as the Judge may think proper.

(+) The persons to whom this section applic. are the
following

(a) directors of a company;

(6) managers of a company ;

(c) officers of a company ;

(¢d) persons emploved by a company audilors,

whether (hey are or are not officers of the company.

320. Where proceeding, are instituted under this Ordi-
hance against any person, nothing in this Ordinance shall
be taken to require any person who has acted as solicitor
for the defendant to disclose any privileged communication
made to him in that capacity

321. Nothing in this Ordinance shall afleet the ineorpora-
tion of any company registered under any repealed enact-
ment, and the provisions of this Ordinance with respect
to winding up shall not apply to any company of which the
winding up has commenced before the commencement. of
this Ordinance, but every such company shall be wound
up in the ‘ame manner and with the same incidents as if
this Ordinance had not passed, and, for the purposes of the
winding up, the Ordinance under which the winding up
commenced shall be deemed to remain in full force.

[SCHEDULES.

Compantes, [Ch. 31. No. 1.

519

Saving for
privileged
comnunica-
tions,