TRINIDAD AND TOBAGO REVISED ORDINANCES, 1950 PREPARED UNDER TUR AUTHORITY OF THE LAW REVISION ORDINANCE Ch. tl. Now 7, BY ELLIOT FRANCIS MAINGOT CROWN SOLICITOR TRINIDAD AND TORAQO Tuts EDITION CONTAINS THE ORDINANCES OF THE COLONY IN FORCE THE 3lsT DAY oF DECEMBER, 1950, EXCLUSIVE OF THOSE RESERVED BY ORDINANCE No. 23 oF 1949 AND BY SUBSEQUENT PROCLAMATIONS, VOL. IV. Price per set of 10 Volumes——£25 or $120.00 British Caribbean Currency PRINTED BY Oo. F. ROWORTIL LTD., 88, FETTER LANE, LONDON, £.c.4,. 1951. [Appointed by the Government of the Colony of Trinidad and Tobago the Government Printers of thie Edition within the meaning of the Kvidence (Colonial Statutes) Act, 1907.] To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agenta for the Colonies, 4, Millbank, London, S.W.1. Ls |) OF "Loripg VOL.No. cay y EEG PRINTED IN GREAT BRITAIN BY Cc. F. ROWORTH LTD., 88 FETTER LANE, LONDON, E.C.4. Z ° SN TMAWHE PON THFrYOnE ~— CONTENTS. VOLUME IV. CHAPTER 29. STATUS. VOL. IV. PAGE BIRTHS AND DEATHS REGISTRATION 2 MARRIAGE 26 DECEASED WIFE’s SISTER’S MARRIAGE 52 Mus_im MARRIAGE AND DIvoRCE REGISTRATION 54 Hinpu MARRIAGE 69 REGISTERS OF BIRTHS, DEATHS AND MARRIAGES 84 ADOPTION OF CHILDREN 88 CENSUS 102 CHAPTER 30. CONTROL OF VARIOUS MATTERS. ADVERTISEMENTS REGULATION 110 FACTORIES 113 GAS CYLINDERS (USE, CONVEYANCE AND STORAGE) 183 EXPLOSIVES 189 FIREARMS AND AMMUNITION 214 Foop AND FUEL CONTROL 226 OLD METAL AND MARINE STORES 230 NEWSPAPERS 235 THEATRES AND Dance HALLS 242 CINEMATOGRAPH 246 CINEMATOGRAPH ENTERTAINMENTS (MAXIMUM CHARGES) 268 Boxinc CONTROL 270 STREET COLLECTIONS (CONTROL)... we wee ... 284 V1 15. 16. 7 18. 19. 20. 21, — SF we Iv we Q, 10. 11. 12. 13. 14. 15. lo. 17. 18. 19. CHAPTER 30-—CONTROL OF VARIOU. No. 14. Contents. LICENSING Dr, crs (PrREctovu METALS STONES) Evectric INSTALLATIONS (BUILDINGS) ELECTRICITY (INSPECTION) SLEEPING ACCOMMODATION (CONTROL OF CITARGES) SERVICES (CHARGES CONTROL) LiIMEOI. (CONTROL OF MANUFACTURE) Motios PictvRE FieMs (CARRIAGE AXD STORAGE) Poot BETTING CHAPTER 31. TRADE AND COMMIERCE. COMPANIE, PARTNERSHIP REGISTRATION OF BUSINESS NAMES MERCANTILE LAW BILLs IEXCHANGE BILLs oF LADING CARRIAGE OF Goops BY SE: BILLs SALE SALE OF GOODS AUCTIONEERS MONEYLENDERS PAWNBROKERS RURAL PEDLARS SHops (Hours OF OPENING AND EMPLOYMENT) WEIGHTS AND MEASURES COPYRIGHT MERCHANDISE MARKS PATENTS, DESIGNS AND TRADE MARKS ASSURANCE COMPANIES MATTERS—- continued. VOL. PAGE 288 293 301 311 314 324 326 331 338 726 741 752 756 796 798 806 814 837 843 861 882 880 901 921 926 936 T.—IV. TRINIDAD axp TOBAGO. Revised Ordinances, 1950. CHAPTER 29. STATUS. . L.-—BiIrtTHS AND DEATHS REGISTRATION. . 2. — MARRIAGE. . 3. DECEASED WIFE’S SISTER’S MARRIAGE. J+. Mustim MARRIAGE AND DIVORCE REGISTRATION. .5. Hindu MARRIAGE. .6.—REGISTERS OF BIRTHS, DEATHS AND MAW RIAGES. . 7.—ADOPTION OF CHILDREN, . 8.-—CENSUS. 2 Ch. 29. No.1.) Births and Deaths Registration. CHAPTER 29. No. 1. BIRTHS AND DEATHS REGISTRATION, Ordinances AN ORDINANCE RELATING TO THE REGISTRATION OF BIRTHS Ch.29. No.1- 1940. ° AND DEATHS. No. 38-1947. Commence- 16th December, 1847.) ment. Short title. 1. This Ordinance may be cited as the Births and Deaths Registration Ordinance. Interpre- 2. In this Ordinance— sation. Public Institution means a Prison, Industrial School, Orphanage, Asylum, Hospital, and any pres- cribed Public or Charitable Institution; “house includes a Public Institution as above defined , occupier ’”’ includes the Keeper, Master, Matron, Superintendent, or other Chief Resident Officer of every Public Institution, also the owner and the manager of every estate and plantation in the Colony; and where a house is let in separate apartments or lodgings includes any person residing in such house who is the person under whom such lodgings or separate apart- ments are immediately held, or his agent ; “relative ” includes a relative by marriage; appointed fee’’ means the fee specified in the Second Schedule to this Ordinance. Definition of 3. Where reference is made in this Ordinance to a Regis- and Super- t¥ar or Superintendent Registrar in connection with any intendent = hirth or death, or any register, such reference shall (unless Registrar. the contrary be expressed) be deemed to be made to the Births and Deaths Registration. [Ch. 29. No.1. Registrar who is the Registrar for the district in which such birth or death took place or who keeps the register in which the birth or death is or is required to be registered, or who keeps the register referred to, and to the Superintendent Registrar who superintends such Registrar as aforesaid. 4. The Registrar General shall keep at his office in Port-of- Spain a general register of births and deaths in the Colony. 5. The Registrar General shall send, once in every year, to the Governor a general abstract of the numbers of births and deaths registered during the twelve months ending on the last day of December then immediately preceding, in such form as the Governor from time to time may require; and every such annual general abstract shall be laid before the Legislative Council. Superintendent Registrars and Registrars. 6. The Governor shall appoint such person as he shall see fit as Superintendent Registrar of births and deaths within the City of Port-of-Spain, and such other person as he shall see fit as Superintendent Registrar of births and deaths within the town of San Fernando. 7. (1) Each Warden, within the district of which he is Warden, shall be the Superintendent Registrar of births and deaths. (2) All the powers and duties conferred and imposed on a Warden under this Ordinance may be exercised and per- formed by an Assistant Warden. (3) All fees received by Wardens and Assistant Wardens under this Ordinance shall be paid into the Treasury for the use of the Colony. 8. It shall be lawful for each such Superintendent Registrar, with the approval of the Registrar General, to divide the city, town, county, or ward, of or for which he shall be Superintendent, into such and so many districts as he shall think fit; and from time to time, with such approval as aforesaid, to alter and vary the number of such districts; : 1 (2) Gencral register. Annual abstract of registers to be sent to Governor. Super- intendent Registrars for Port-of Spain and San Fernando, fVardens and Assistant Wardens. Districts. District Registrars, Deputy Registrars, Keister boxes. Transfer of books, etc., on removal of Registrar. Ch. 29. No.1.| Births and Deaths Registration, and every such district shall be called by a distinct name, and shall be a Registrar’s district, and the Superintendent Registrar shall appoint a person with such qualifications as the Registrar General may, by any general rule, declare to be necessary to be Registrar of births and deaths within each district, and in every case of vacancy in the office of Registrar shall forthwith fill up the vacancy; and every such Registrar shall hold his office during the pleasure of the Registrar General. 9. For every district for which a Registrar of births and deaths shall be appointed as aforesaid, the Registrar shall have power, subject to the approval of the Superintendent Registrar, to appoint by writing under his hand a fit person to act as his Deputy im case of the illness or unavoidable absence of such Registrar; and every such Deputy Regis- trar, whilst so acting, shall have all the powers and duties, and be subject to all the provisions and penalties herein declared. concerning Registrars, and in case of the death of the Registrar shall act as Registrar until another Registrar is appointed, and every Registrar shall be civilly responsible for the acts or omissions of his deputy. 10. The Registrar General shall furnish to every Super- intendent Registrar, for the use of the Registrars under his superintendence, a sufficient number of strong iron boxes to hold the register books to be kept by such Registrars; and every such box shall be furnished with a lock and two key. and no more, and one of such keys shall be kept by the Registrar, and the other key shall be kept by the Superin- tendent Registrar, and the register books of cach district, while in the custody of the Registrar and not in use, shall be alway kept in the register box, and the register box shall always be kept locked. 11. In every case in which any Registrar or Superin- tendent Registrar shall be removed from or cease to hold office, all register boxes, keys, books, documents, and papers in his possession as such Registrar or Superintendent Registrar shall be given up as soon as conveniently may be to his successor in office; and if any person shall refuse to give up any such box, key, books, documents, or papers in Births and Deaths Registration. |Ch.29. No. 1. such case as aforesaid it shall be lawful for any Justice for the district where such person shall be or reside, upon application for that purpose, to issue a warrant under his hand for bringing such person before the Magistrate of the district; and upon such person appearing, or not being found, it shall be lawful for such Magistrate to hear and determine the matter in a summary way; and if it shall appear to the Magistrate that anv such box, key, books, documents, or papers are in the custody or power of any such person, and that he has refused or wilfully neglected to deliver the same, the Magistrate shall commit such offender to prison, there to remain without bail until he shall have delivered up the same, or until satisfaction shall have been given in respect thereof to the person in whose custody the same ought to be; and the Magistrate may grant a warrant to search for such box, key, books, documents, or papers, as in the case of stolen goods, in anv dwelling- house or other premises in which any credible witness shall prove upon oath that there is reasonable cause to suspect the same to be, and the same when found shall be delivered to the person in whose custody they ought to be. 12. Every Registrar and Deputy Registrar shall dwell within the district of which he is Registrar or Deputy Registrar, and shall cause his name, with the addition of Registrar or Deputy Registrar (as the case may be) for the district for which he shall be so appointed, to be placed in some conspicuous place on or near the outer door of his own dwelling-house, and the Superintendent Registrar shall cause to be printed and published in the city, town, county, or ward which he shall superintend, a list of ‘the names and places of abode of everv Registrar and Deputy Registrar under his superintendence. 13. The Registrar General shall cause to be printed a sufficient number of register books for making entries of all births and deaths in the Colony, according to the forms A and B of the First Schedule hereto; and such register books shall be of durable materials, and in them shall be printed upon each side of every leaf the heads of information by this Ordinance required to be known and registered, of births and deaths respectively; and every page of each of such Registrar to reside within the district. Register books. Virst Schedule. Forms A and B, Registrars to inform themselves of all births and deaths. Information concerning birth to be given to Registrar within 42 days. Requisition by Registrar of informa- tion after 42 days. Ch. 29. No. 1.] Births and Deaths Registration. books shall be numbered progressively from the beginning to the end, beginning with number one; and every place of entry shall be also numbered progressively from the begin- ning to the end of the book, beginning with number one; and every entry shall be divided from the following entry by a printed line. 14. Every Registrar shall be authorised, and is hereby required, to inform himself carefully of every birth and every death which shall happen in his district, and to learn and register, as soon after the event as conveniently may be done, in one of the said books, the particulars required to be registered according to the said forms A and B res- pectively, touching every such birth or every such death, as the case may be, which shall not have been already regis- tered, every such entry being made in order from the beginning to the end of the book. Registration of births. 15. In the case of every child born alive, it shall be the duty of the father and mother of the child, and in default of the father and mother, of the occupier of the house or tenement in which, or the person in charge of the plantation or estate on which, the child is born, and of each person present at the birth, and of the person having charge of the child, to give to the Registrar, within forty-two days next after such birth, information of the particulars required to be registered concerning such birth, and in the presence of the Registrar to sign the register. 16. Where a birth has, from the default of the parents or other persons required to give information concerning it, not been duly registered, the Registrar may, at any time after the end of forty-two days from such birth, by notice in writing, require any of the persons required by this Ordin- ance to give information concerning such birth to attend personally at the Registrar’s office, or at any other place appointed by the Registrar within his district, within such time (not less than seven days after the receipt of such notice, and not more than three months from the date of the birth) as may be specified in such notice, and to give information, to the best of such person’s knowledge and Births and Deaths Registration. [Ch.29. No.1. belief, of the particulars required to be registered concerning such birth, and to sign the register in the presence of the Registrar; and it shall be the duty of such person, unless the birth is registered before the expiration of the time specified in such requisition, to comply with such requisi- tion. 17. In case any living new-born child is found exposed, it shall be the duty of any person finding such child, and of any person in whose charge such child may be placed, to give, to the best of his knowledge and belief, to the Registrar, within seven days after the finding of such child, such information of the particulars required to be registered concerning the birth of such child as the informant possesses, and in the presence of the Registrar to sign the register. 18. (1) After the expiration of three months next after the birth of any child, a Registrar shall not register such birth except as in this section provided; that is to say, in case the birth of any child has not been registered as hereinbefore required, the Registrar may, after three, and not later than twelve, months next after the birth, by notice in writing, require any of the persons required by this Ordinance to give information concerning the birth to attend personally at the Superintendent Registrar’s office, within such time (not less than seven days after the receipt of the notice, and not more than twelve months after the date of the birth) as may be specified in the notice, and make before the Superintendent Registrar a solemn declaration, according to the best of the declarant’s knowledge and belief, of the particulars required to be registered concerning the birth, and sign the register in the presence of the Registrar and Superintendent Registrar; and upon any of the said persons attending before a Registrar and Superintendent Registrar, whether in pursuance of a requisition or not, and making such a declaration as aforesaid, and giving information concerning the birth, the Registrar shall then and there, in the presence of such Superintendent Registrar, register the birth according to the information of the declarant, and the Superintendent Registrar before whom the declaration is made shall,¥as Information respecting finding of new-born child to be given to Registrar. Registry after expira- tion of three months from birth. Registry after twelve months from Iirth., © Registry of birth out of district in case of Temoval. Saving for father of iNegitimate child. Ch. 29. No.1.) Births and Deaths Registration, well as the Registrar and declarant, sign the entry of the birth. (2) After the expiration of twelve months next after the birth of any child, that birth shall not be registered except with the written authority of the Registrar General for registering the same, and except in accordance with the prescribed rules, and the fact of such authority having been given shall be entered in the register. (3) Every person who registers or causes to be registered the birth of any child in contravention of this section shall be able to a fine of ninety-six dollars. 19. (1) Any person required by this Ordinance to give information concerning a birth, who removes before such birth is registered out of the district in which such birth has taken place, may, within three months after such birth, give the information by making and signing in the presence of the Registrar of the district in which he resides a declaration in writing of the particulars required to be registered concerning such birth; and such Registrar, on payment of the appointed fee, shall receive and attest the declaration and send the same to the Registrar of the district in which the birth took place; and the last mentioned Registrar shall, in the prescribed manner, enter the birth in the register; ; and the entry so made shall be deemed, for the purposes of this Ordinance, to have been signed by the person who signed the declaration. (2) A person making a declaration in pursuance of this section in the case of any birth shall be deemed to have complied with the provisions of this Ordinance as to giving information concerning that birth, and with any requisition of the Registrar made under this Ordinance within the said three months to attend and give information concerning that birth. 20. In the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Ordinance concerning the birth of such child, and the Registrar shall not enter in the register the name of any person as father of such child, unless at the joint request of the mother and of the person acknowledging himself to be Births and Deaths Registration. (Ch. 29. No. 1. the father of such child, and such person shall in such case sign the register, together with the mother. 21. (1) When the birth of any child has been registered and the name, if anv, by which it was registered is altered, or if it was registered without a name, when a name is given to it, the parent or guardian of such child, or other person procuring such name to ‘be altered or given, may, within twelve months next after the registration of the birth, deliver to the Registrar or Superintendent Registrar such certificate as hereinatter mentioned, and the Registrar cr Superintendent Registrar, upon the receipt of that cettificate, and on payment of the appointed fee, shall, without any erasure of the original entry, forthwith enter in the register book the name mentioned in the certificate as having been given to the child, and, having stated upon the certificate the fact of such entry having been made, shall forthwith send the certificate to the Registrar General, together with a certified copy of the entry of the birth with the name so added. (2) The certificate shall be according to form F or form G in the First Schedule, or as near thereto as circum- stances admit, and shall be signed by the minister or person who performed the rite of baptism upon which the name was given or altered, or, if the child is not baptized, shall be signed by the father, mother, or guardian of the child, or other person procuring the name of the child to be given or altered. (3) Every minister or person who performs the rite of baptism shall deliver the certificate required by this section on demand, on payment of a fee of twenty-four cents. 22. (1) Every Registrar, immediately upon registering anv birth, shall without fee or reward deliver to the person Tegistering such birth a certificate under his hand according to form H in the First Schedule, and such certificate shall be delivered by the parent or guardian of such child, or other person registering the birth of such child, to the minister or person who shall be required to perform and who shall perform the rite of baptism, and if any child shall be baptized for which no such certificate shall have been so delivered, the minister or person who shall perform the legistration of name of child or of alteration of mame. Forms I and G. Registrar to give certifi- cate of birth to informant who shall deliver same to minister. Form H. 10 Registry of deaths. [nformation where death occurs in house. Information where death does not occur in house. Ch. 29. No. 1.! Births and Deaths Registration. rite of baptism shall forthwith give notice thereof to the Registrar. (2) Every minister or person who performs the rite of baptism for which no certificate shall have been duly made and delivered as aforesaid, and who shall not, within fourteen days, give notice thereof to the Registrar, shall be liable toa fine of twenty-four dollars. Registration of deaths. 23. The death of every person dying in the Colony, and the cause of such death, shall be registered by the Registrar in the manner directed by this Ordinance. 24. When a person dies in a house, it shall be the duty of the nearest relatives of the deceased present at the death, or in attendance during the last illness of the deceased, and in default of such relatives, of every other relative of the deceased dwelling or being in the same district as the deceased, and in default of such relatives, of each person present at the death, and of the occupier of the house in which, to his knowledge, the death took place, and in default of the persons hereinbefore in this section mentioned, of each inmate of such house, and of the person causing the body of the deceased person to be buried, to give, to the best of his knowledge and belief, to the Registrar, within the five days next following the day of such death, information of the particulars required to be registered concerning such death, and in the presence of the Registrar to sign the register 25. Where a person dies in a place which is not a house, or a dead body is found elsewhere than in a house, it shall be the duty of every relative of such deceased person having knowledge of any of the particulars required to be registered concerning the death, and in default of such relative, of every person present at the death, and of any person finding, and of any person taking charge of the body, and of the person causing the body to be buried, to give to the Registrar, within the five days next after the death or the finding, such information of the particulars required to be Births and Deaths Registration. [Ch. 29. No. 1. registered concerning the death as the informant possesses, and in the presence of the Registrar to sign the register. 26. If a person required to give information concerning any death sends to the Registrar a written notice of the occurrence of the death, accompanied by such medical certificate of the cause of the death as is required by this Ordinance to be delivered to a Registrar, the information of the particulars required by this Ordinance to be registered concerning the death need not be given within the said five days, but shall, notwithstanding such notice, be given within ten days next after the day of the death by the person giving such notice or some other person required by this Ordinance to give the information. 27. Where any death has, from the default of the person required to give information concerning it, not been registered, the Registrar may, at any time after the expira- tion of ten days and within twelve months from the day of such death or from the finding of the dead body elsewhere than in a house, by notice in wniting, require any person required by this Ordinance to give information concerning such death to attend personally at the Registrar’s office, or at any other place appointed by the Registrar within his district, within such time (not less than seven days after the receipt of the notice, nor more than twelve months after the death or finding of the dead body) as may be specified in the notice, and to give the said information to the best of the informant’s knowledge and belief, and to sign the register in the presence of the Registrar; and it shall be the duty of such person, unless the death is registered before the expiration of the time specified in the requisition, to comply with the requisition. 28. (1) After the expiration of twelve months next after any death, or after the finding of the dead body elsewhere than in a house, that death shall not be registered except with the written authority of the Registrar General for registering the same, and except in accordance with the prescribed rules, and the fact of such authority having been given shall be entered in the register. 11 Notice pre- liminary to information. Requisition by Registrar of informa- tion concern- ing deaths from quali- fied infor- mant, Death not to be registered after twelve months. 12 Information by Coroner. Coroner's order and Registrar's certificate Jor burial. Ch. 29. No.1.) Births and Deaths Registration. (2) Every person who registers or causes to be registered any death in contravention of this section shall be liable to a fine of ninety-six dollars. 29. (1) Where an inquest is held on any dead body, the Coroner shall enquire of the particulars required to be registered concerning the death, and the Coroner shall send to the Registrar, within five days after his finding on such inquest, a certificate under his hand giving information concerning the death and specifying his finding with respect to the said particulars, and to the cause of death, and specifying the time and place at which the inquest was held, and the Registrar shall, in the prescribed form and manner, enter the death and particulars. If the death has been previously registered, the said particulars shall be entered in the prescribed manner without any alteration of the original entry (2) Where an inquest is held on any dead body, no person shall, with respect to such dead body or death, be liable to attend upon a requisition of a Registrar, or be subject to any penalty for failing to give information in pursuance of any other provision of this Ordinance. Burtals, 30. (1) A Coroner, upon holding an inquest upon any body, may, if he thinks fit, by order under his hand, authorise the body to be buried before registry of the death, and shall give such order to the relative of the deceased or or other person who causes the body to be buried, or to the undertaker or other person having charge of the funeral; and except upon holding an inquest, no order, warrant, or other document for the burial of any body shall be given by the Coroner. (2) The Registrar, upon registering any death or upon receiving a written notice of the occurrence of a death, accompanied by a medical certificate as is before provided bv this Ordinance, shall forthwith, or as soon after as he is required, give, without fee or reward, either to the person giving information concerning the death or sending the notice, or to the undertaker or other person having charge of the funeral of the deceased, a certificate under his hand Births and Deaths Registration. (Ch. 29. No. 1. that he has registered or received notice of the death, as the case may be. (3) Every such order of the Coroner and certificate of the Registrar shall be delivered to the person who buries or performs any funeral or religious service for the burial of the body of the deceased; and any person to whom such order or certificate was given by the Coroner or Registrar who fails so to deliver or cause to be delivered the same shall be liable to a fine of ten dollars. (4) The person who buries or performs any funeral or religious service for the burial of any dead body, as to which no order or certificate under this section is delivered to him, shall, within seven days after the burial, give notice thereof in writing to the Registrar, and if he fail so to do shall be liable to a fine of forty-eight dollars. 31. (1) A person shall not wilfully bury or procure to be buried the body of any deceased child as if it were still- born. (2) A person who has control over or ordinarily burice. bodies in any burial ground shall not permit to be buried in such burial ground the body of any deceased child as if it were still-born, and shall not permit to be buried or bury in such burial ground any still-born child before there is delivered to him cither— (a) a written certificate that such child was not born alive, signed by a registered medical practitioner who was in attendance at the birth or has examined the body of such child; or (6) a declaration signed by some person who would, if the child had been born alive, have been required by this Ordinance to give information concerning the birth, to the effect that no registered medical practi- tioner was present at the birth, or that his certificate cannot be obtained, and that the child was not born alive; or (c) if there has been an inquest, an order of the Coroner. (3) Any person who acts in contravention of this section shall be liable to a fine of forty-eight dollars, 13 Burial of deceasecl children as still-born, 14 Regulations as to certi- ficates of cause of death. Ch. 29. No.1.] Births and Deaths Registration. Certificates of cause of death. 32. With respect to certificates of the cause of death, the following provisions shall have effect ,— (a) the Registrar General shall from time to time furnish to every Registrar printed forms of certificates of cause of death by registered medical practitioners, and every Registrar shall furnish such forms gratis to any registered medical practitioner residing or prac- tising in such Registrar’s district ; (b) in case of the death of any person who has been attended during his last ness by a registered medical practitioner, that practitioner shall sign and give to some person required by this Ordinance to give infor- mation concerning the death a certificate stating to the best of his knowledge and belief the cause of death, and such person shall, upon giving information con- cerning the death, or giving notice of the death, deliver that certificate to the Registrar, and the cause of death as stated in that certificate shall be entered in the register, together with the name of the certifying medical practitioner ; (c) in case of the death of any person who had not the services of a medical practitioner, or who had not been attended by a medical practitioner during his last illness, the Registrar General, a Justicc, Superintendent Registrar, District Registrar, Minister of Religion, or any gazetted police officer, or subordinate police officer, may summon the nearest medical practitioner to view the dead body and to certify on such view, and according to the symptoms described to him by those who attended to the deceased person, what he conceives to be the cause of death; such medical practitioner shall be entitled to receive a fee for such certificate on such scale as may be prescribed by the Governor in Council. The medical practitioner’s certificate shall be given to some person required by this Ordinance to give information concerning the death, and such person shall deliver such certificate to the Registrar, and the cause of death as stated in that certificate shall be entered in the register together with the name of the certifying medical practitioner; (2) where an inquest is held on the body of any Births and Deaths Registration. [Ch.29. No. 1. deceased person, a medical certificate of the cause of death need not be given to the Registrar, but the certificate of the finding of the Coroner shall be sufficient ; (ec) where by reason of inability to obtain the services of a medical practitioner to view a dead body and to certify as in this section required, the Warden, Police or Ward Officer, Schoolmaster or other of the func- tionaries mentioned in this section may issue a certifi- cate for the burial of such deceased person; (f) if any person to whom a medical certificate is given by a registered medical practitioner in pursuance of this section fails to deliver that certificate to the Registrar, he shall be liable to a fine of ten dollars. 33. Every Superintendent Registrar and Registrar res- pectively shall be entitled to the fees specified in the Second Schedule hereto, and every such fce shall be paid to him by the persons and on the occasions pointed out in such Schedule and may be recovered as a debt due to him, and, subject to the prescribed rules, he may refuse to comply with any application voluntarily made to him until the fee is paid. 34. (1) Every Registrar, when and as required by the Director of Medical Services for the purposes of the Board of Health, shall transmit by post or otherwise a return, certified under the hand of such Registrar to be a true return, of such of the particulars registered by him con- cerning any death as may be specified in the requisition of the Director of Medical Services. (2) The Director of Medical Services may supply a form of the prescribed character for the purposes of the return, and in that case the return shall be made in the form so supplied. Correction of errors. 35. With regard to the correction of errors in registers of births and deaths, the following provisions shall have effect — (a) no alteration in any such register shall be made except as authorised by this Ordinance; 15 Fees. Second Schedule. Returns of Registrars to Director of Medical Services. Correction of errors in registers. 16 Register when not evidence, Ch. 29. No.1.) Births and Deaths Regtstration. (6) any clerical error which may from time to time be discovered in any such register may be corrected by any person authorised in that behalf by the Registrar Gencral, subject to the prescribed rules; (c) an error of fact or substance in any such register may be corrected by entry in the margin (without anv alteration of the original entry) by the officer having the custody of the register, upon payment of the appointed fee and upon production to him by the person requiring such error to be corrected of a statutory declaration setting forth the nature of the error and the true facts of the case, and made by two persons requiring by this Ordinance to give information concerning the birth or death with reference to which the error has been made, or in default of such persons then by two eredible persons having knowledge of the truth of the case; (d@) where an error of fact or substance (other than an error relating to the cause of death) occurs in the information given by a Coroner’s certificate concerning a dead body upon which he has held an inquest, the Coroner, if satisfied by evidence on oath or statutory declaration that such error exists, may certify under his hand to the officer having the custody of the register in which such informi iion is entered the nature of the error and the true facts of the case as ascertained bv him on such evidence, and the error may thereupon be corrected by such officer in the register by entering in the margin (without any alteration of the original entry) the facts as so certified by the Coroner. Miscellaneous 36. (1) Anentry or certified copy of an entry of a birth or death in a register or in a certified copy of such a register, shall not be evidence of such birth or death, unless such entry cither purports to be signed by some person professing to be the informant and to be such a person as is required by law at the date of such entry to give to the Registrar information concerning such birth or death, or purports to be made upon a certificate from a Coroner. (2) When more than three months have intervened between the day of the birth and the day of the registration Births and Deaths Registration. [Ch.29. No. 1. of the birth of any child, the entry or certified copy of the entry of the birth of such child in a register or in a certified copy of such a register, shall not be evidence of such birth, unless such entry purports -- (a) if it appear that not more than twelve months have so intervened, to be signed by the Superintendent Registrar as well as by the Registrar; or (b) if more than twelve months have so intervened, to have been made with the authority of the Registrar General, and in accordance with the prescribed rules. (3) Where more than twelve months have intervened between the day of a death or the finding of a dead body and the day of the registration of the death or the finding of such body, the entry or certified copy of the entry of the death in a register or in a certified copy of such register, shall not be evidence of such death, unless such entry purports to have been made with the authority of the Registrar General, and in accordance with the prescribed rules. 37. Every person required to give information concerning any birth or death, or any living new-born child, or any dead body, who wilfully refuses to answer any question put to htm by the Registrar relating to the particulars required to be registered concerning such birth or death, or fails to comply with any requisition of the Registrar made in pursuance of this Ordinance, and every person who refuses or fails with- out reasonable excuse to give or send any certificate in accordance with the provisions of this Ordinance, shall be liable to a fine of ten dollars for each offence; and the parent of any child who fails to give information concerning the birth of such child, as required by this Ordinance, shall be liable to a like fine; and a person required by this Ordinance to give information concerning a death in the first instance, and not merely in default of some other person, shall, if such information as is required by this Ordinance is not duly given, be liable to the same fine. 38. Any person who forges or falsifies any certificate or declaration or order under this Ordinance, or, knowing any such certificate, declaration, or order to be false or forged, uses the same as true, or gives or sends the same as true to T.—IV, 2 17 Penalty for not giving information. Offences. 18 Sending certificates etc., by post. Particular. to be registered concerning birth or death. Certified copies of registers to be sent quarterly, and register books when filled, to Supt. Registrar. Form C. Ch. 29. No. 1.] Births and Deaths Registration. any person, shall for each offence be liable, on summary conviction, to a fine of forty-eight dollars, and, on convic- tion on indictment, to a fine, or to imprisonment for two years. 39. All notices, informations, declarations, certificates, requisitions, returns, and other documents required or authorised by this Ordinance to be delivered, sent, or given to the Registrar General, a Superintendent Registrar, or a Registrar, or by a Registrar to a person who is required to give information concerning any birth or death, or who gives notice of any death, may be sent by post, and the date at which they would be delivered to the person to whom they are sent in the ordinary course of post shall be deemed to be the date at which they are received; and in proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post. 40. The particulars required to be registered concerning a birth or death shall be the particulars specified in forms A and B respectively of the First Schedule, or as altered in pursuance of this Ordinance. 41. Every Registrar shall make out an account four times in every year of the number of births and deaths which he shall have registered since the last quarterly account, and the Superintendent Registrar shall verify and sign the same, and the Accountant General shall pay to such Registrar, on the certificate of the Registrar General, an allowance accord- ing to the following scale; that is to say, for the first ten entries of births and deaths in every year which he shall have registered, whether the same be of births or deaths indiscriminately, sixty cents each, and twenty-four cents for every subsequent entry of births or deaths in each year. 42. In the months of April, July, October, and January, on such days as shall from time to time be appointed by the Registrar General, the Registrar of each district shall make and deliver to the Superintendent Registrar of his district, a true copy, on durable materials, certified by him under his hand according to form C of the First Schedule, of all the Births and Deaths Registration. [Ch.29. No. 1. entries of births and deaths in the register book kept by him since the last certificate; and the Superintendent Registrar shall verify the same, and, if found to be correct, shall certify the same under his hand to be a true copy; and if there shall have been no birth or death registcred since the delivery of the last certificate, the Registrar shall certify the fact, and such certificate shall be delivered to the Superintendent Registrar as aforesaid, and countersigned by him; and the Registrar shall keep safely each of the said register books until it shall be filled, and shall then deliver it to the Superintendent Registrar, to be kept by him with the records of his office. 43. Every Superintendent Registrar shall, four times in every year, on such days as shall be therefor named by the Registrar General, send to the Registrar General all the certified copies of the registers of births and deaths which he shall have so received during the three calendar months next preceding such quarterly days of transmission respec- tively; and if it shall appear, by the interruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, he shall procure, as far as possible consistently with the provisions of this Ordinance, that the same may be remedied and supplied; and every such Superintendent Registrar shall be entitled to receive the sum of four conts for every entry in such certified copies; and every Superintendent Registrar shall make out an account, four times in every year, of the number of entries in the certified ‘opies sent to him during the last quarter, and the certified copies so sent to the Registrar General shall be thereafter kept in such order and manner as the Registrar General under the direction of the Governor, shall think fit, so that the same may be most readily seen and examined. 44. Every Registrar who shall have the keeping for the time being of any register book of births or deaths shall, at all reasonable times, allow searches to be made of any register book in his keeping, and. shall give a copy certified under his hand of any entry or entries in the same, on payment of the fee hereinafter mentioned; that is to say, 2 (2) 19 Supt. Registrars to send certified copies of registers to Registrar General. Searches and certified copies. 20 Tndexes searche. Certified copies riven al general register office to be sealed. Fee, Phire Scher Shortened form of birth certificate. Ord. A8-1947, Ch. 29. No.1.] Births and Deaths Regtsiration. the sum of twenty-four cents for every search extending over a period not more than one year, and twelve cents additional for every additional year, and the sum of sixty cents for every single certificate. 45. Every Superintendent Registrar shall, when required so to do by the Registrar General, cause indexes of the register books in his office to be made and kept with the: other records of his office, and any person shall be entitled at all reasonable hours to search such indexe. and to have a certified copy of any entry or entries in the said register books under the hand of the Superintendent Registrar on payment of the fees specified in the Second Schedule hereto. 46. (1) The Registrar General shall cause indexes of all the said certified copies of the registers to be made and kept in his office, and every person shall be entitled, on payment of the fees hereinafter mentioned, to search the said indexe. at any time during office hours, and to have a certified copy of any entry in the said certified copies of the registers. (2) The Registrar General shall seal all such certified copie. , and all such sealed copies shall be received as evidence of the birth or death to which the same relate, without any further or other proof of such entry, and no certified copy purporting to be given in the said office shall be of any force or effect which is not sealed as aforesaid. (3) The Registrar General shall be entitled to charge the fees specified in the Third Schedule hereto. 47. Any person shall, on payment of a fee of twelve cents and on furnishing the prescribed particulars, be entitled to obtain from the Registrar General, a Superin- tendent Registrar or a Registrar, a certificate in’ the preseribed form of the birth of any person compiled from the records and registers in the custody of the Registrar General, or from the registers i in the custody of that Superintendent Registrar or Registrar, as the case may be. No certificate issued under this section shall include any particulars xcept the name, surname, sex and date of birth and such other particulars, if any, as may be prescribed, not being particulars relating to parentage or adoption. Births and Deaths Registration. [Ch.29. No. 1. 48. It shall be lawful for the Governor from time to time to cause to be paid from the Treasury such moneys as may be required for the purpose of carrying this Ordinance into effect, and every. sum received under the provisions of this Ordinance by or on account of the Registrar General shall be accounted for and paid by the Registrar General on the expiration of cach month into the Treasury for the use of the Colony. 49. If any person required or directed by this Ordinance to give notice to any Registrar of any birth or of any deagh, or to give any information when required so to do of any ef the particulars hereby required to be known and registered touching any child born or any person dead, shall omit or refuse so to do within the time limited in that behalf, every person so offending shall be Hable to a fine of twenty-four dollars; and one moicty of such fine shall be paid to the informer, and the other moiety shall be paid into the Treasury for the use of the Colony. 50. Every Registrar who shall refuse or without reasonable cause omit to register any birth or death of which he shall have had due notice as aforesaid, and every person having the custody of any register book or certified copy thereof, or of any part thereof, who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall be liable to a fine of two hundred and forty dollars. 51. Every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any such register book, or any part or certified copy of any part thereof, shall be guilty of felony. 52. The forms in the lirst Schedule hereto or forms as nearly resembling the same as circumstances admit, shall be used in all cases in which they are applicable, and when so used shall be valid in law. 53. (1) It shall be lawful for the Registrar General, by order, to alter from time to time all or any of the forms 21 Funds, Fees received by Reyistrar General to be paid into Treasury. Penalty for neglecting to give notices or information. Application of penalty. Penalty for not duly eTovistering, pr losing or injuring, registers, etc. Destroying or injuring Tegister books. Forms. Power to alter forms. Regulations. Recovery penaltic. Limitation. Ch. 29. No.1.] = Births and Deaths Registration. contained in the First Schedule to this Ordinance, or in any order under this section, in such manner as may appear to him best for carrying this Ordinance into effect, or to prescribe new forms for that purpose, and to make regula- tions for prescribing any matters authorised by this Ordinance to be prescribed. (2) Any order made in pursuance of this section shall be published in the Roval Gazette and shall be laid before the Legislative Council within thirty days after the issue of the same. (3) Every form when altered in pursuance of this section shall have the same effect as if it had been contained in the lirst Schedule hereto, and every regulation made in pursuance of this section shall while in force have the same effect as if it were enacted in this Ordinance. 54. (1) Unless otherwise directed, all offences under this Ordinance may be prosecuted, and all penalties incurred may be imposed or recovered in the manner provided by the Summary Courts Ordinance. (2) Where the Magistrate before whom a person is charged summarily with an offence under this Ordinance Which is also punishable on indictment, thinks that pro- ceedings ought to be taken against such person by indict- ment, he may adjourn the case te enable such proceedings to be taken, 55. A prosecution on indictment for an offence under this Qrdinance shall be commenced within three vears after the commission of such offence. ne] => N = B . ‘usoq ary | ™ (£41]290[ 10 asnoy jo ‘ON | 9 | “yHig Jo woIy Zz | -e1zsida1 Jaye pappe ; J} ‘awed jeusydeg | g | “1e19S199yy | ey8. ° \ jo ainyeusis Stile a | eS =~ Oo | | g — ‘paiaysigal wayyy! i os : 5 La = ‘ ! “quewojUl | Baektgs Ss fa | joaouapisar pue | SEZEM SS ~~ . =_ 3 1 =e =ees = ia > s | uonjduosap ‘ainjeuzig se E Bet pd 3B a . . < — | @ 2 z ‘IayzBZ JO Le go ~ / oo : = ‘YuoIssajolg JO Yue 2 z me) A 9 ¢e “5 =< x = € ‘Jay OY JO aulBUINS te ou ly 3 q Fe & ‘uapleyy puke auex = z Lea H a A 2. _ e5ceee a = = ay fa & sopeajo | 2 = = i) ‘queuing pur awe | Se 8 I SS re x % = s| | & 7 | a “Aue Jl ‘OWEN = | c-] ' — ‘urog way, | = a Jorn = 1 | m a z, (Section 13.) Form 3B, Deaths in the Ward of 19 *paip azaya A711 290] | 40 asnoy Jo ‘ON *1831 -siday Jo ainyeuszis *‘paiaysisor usu A *“JUBUTIOJUT Jo ; adUapIsel puke uoy | -diissap ‘ainqeusig “yqeap Jo asney | "YMtg Jo X33uN99 pur | uoIssajold 10 yuey | pue owey “IWIPULING ( ‘paip wayyy 24 Ch. 29. No.1.] Births and Deaths Registration. (Section 42.) Form C, I, Registrar of Births and Deaths in the Sub-Division in the Ward of do hereby certify that this is a true copy of the Registrar's book of births (or deaths) within the said District from the entry of the birth (or death) of No. 1 to the entry of the birth (or death) of No. 34. Witness my hand this day of ,19 Registrar. (Section 30.) Form D. I, Registrar of Births and Deaths in the Sub-Division in the Ward of do hereby certify that the death of was duly registered by me on the day of 19 Witness my hand this day of , 19 Registrar. Form E. I, Coroner for the do hereby order the burial of the body now shown to me as the body of Witness my hand this day of 19 Coroner. (Section 21.) Form F. Form Certifying Name given in Baptism. J, of in the Ward of , do hereby certify that on the , 19. , I baptized by the name of a male child produced to me by as the of , and declared by the said to have been born at in the Ward of on the 19 (Signed by Officiating Minister.) (Section 21.) Form G. Form Certifying Name given not in Baptism. I, do hereby certify that the male child born on the ,at , in the Ward of to and his wife, and registered in the District of on the 19 has (without being baptized) Teceived the name of Witness my hand this day of ,19 hot {Section 22.) Form H. I, Registrar of Births and Deaths in the Sub-Division in the Ward of , do hereby certify that the birth of was duly registered by me on the day of ,19 Witness my hand this day of 19 Registrar. Births and Deaths Registration. [Ch. 29. No. I. 25 SECOND SCHEDULE. Fees to Registrars and Superintendent Refistrars. Upon the registration of a birth when the child is more than three months old, if it is not more than twelve months old, to the Superintendent Registrar 60 cents, and to the Registrar (unless the delay is occasioned by his failure to issue a requisition, or otherwise by his default) 60 cents, and if it is more than twelve months old, and is registered with the authority of the Registrar General, to the Superintendent Registrar $1.20, and to the Registrar (unless the delay is occasioned by his failure to issue a requisition, or otherwise by his default) $1.20, to be paid by the informant or declarant. For taking, attesting, and transmitting a declaration made by an informant respecting a birth in another district, to the Registrar attesting the declaration 24 cents, to be paid by the informant. For entering the baptismal or other name of child upon certificate produced after registry of birth, to the Superintendent Registrar or Registrar 24 cents, to be paid by the person procuring the name to be entered. Correction of error of fact in register, to the Superintendent Registrar or Registrar 60 cents, to be paid by the person requiring the error to be corrected. For every search, to the Superintendent Registrar, to be paid by the applicant for the search, if it is a general search, $1.20, if it is a particular search, 24 cents. For a certified copy of an entry given by the Superintendent Registrar, 60 cents to the Superintendent Registrar, to be paid by the applicant. THIRD SCHEDULE. For every general search not directed to any particular entry 1.00 For every search for a particular entry 0.50 For every search for two or more particular entries and not exceed- ing four entries each... 0.25 For every search for any number of particular entries exceeding four 1.00 For every certified copy of any entry we oe see .- 0.50 (Section 45.) (Section 46 (3).) 26 Ch. 29. Na. 2.] Marriage. Ordinances Ch.29. No.2- 1940, No, 24-1943, 24-1947, Commence- ment. Short title. Registrar of Marriage. District Registrar, Tort -of- Spain. District Registrars, San Fernando and Arimi Wardens to be District Registrars. CHAPTER 29. No. 2. MARRIAGE. AN ORDINANCE RELATING TO THE SOLEMNIZATION AND: REGISTRATION OF MARRIAGES. [1st January, 1924.] 1. This Ordinance may be cited as the Marriage Ordinance. Administration. 2. The Registrar General shall be the Registrar of Marri- ages under this Ordinance, and shall keep at his office in Port-of-Spain a general register of marriages in the Colony. 3. The Registrar of Marriages shall be, in right of his office, District Registrar of Marriages within the City of Port-of-Spain. 4. It shall be lawful for the Governor to appoint such persons as he shall see fit to be District Registrars of Marriages for the Boroughs of San Fernando and Arima, and every person so appointed shall hold office during the Governor’s pleasure. 5. The Warden of each County shall be, in right of his office, District Registrar of Marriages within the Wards comprised in such County, and such Wards shall be deemed the district of such District Registrar: Provided that all powers and duties conferred and imposed on a Warden as District Registrar of Marriages under this Ordinance may be exercised and performed by an Assistant Warden. Marriage. [Ch. 29. No. 2. 27 Marriage Officers. 6. (1) It shall be lawful for the Governor, or any Marriage person duly authorised by him, to grant licences to such persons being ministers of any Christian religion, as the Governor or such authorised person may, in his discretion, think fit, to be Marriage Officers, and, without assigning any reason for so doing, to cancel any such licence. (2) A licence under this section shall be in the form given in Schedule A hereto. (3) Notice of the granting or cancellation of any such licence shall be published in the Roval Gazette. Every such notice shall take effect from the date of publication. 7. Any minister of religion who desires to be licensed as a Marriage Officer shall make application to the Colonial secretary. Such application shall state the dwelling-place of the applicant and the name of the religious denomination to which he belongs, and shall be accompanied by a certifi- cate from the local head of such religious denomination to the effect that the applicant is a fit and proper person to be licensed as a Marriage Officer. 8. It shall be lawful for any Marriage Officer, subject to the approval in writing of the local, head of his religious denomination, to resign his appointment as such. Any such resignation shall be notified in the Royal Gazette, and shall take effect from the date of publication. 9. It shall be lawful for any Marriage Officer to act as such in any part of the Colony. 10. Every District Registrar shall keep affixed in a conspicuous place in his office a list of all licensed Marriage Officers, in which list shall be stated the dwelling-place of cach Marriage Officer, and the name or other description of the place or places of public worship (if any) at which he acts as a minister of religion. Officers. Ord.24-1047, s. 2. Schedule A, Application for licence as a Marriage Otficer. Resignatiomr of Marriage Officer. Marriage Officer may act in any part of the Colony. District Registrars to keep lists of Marriage Officers. 28 B. District Reuistrars to send copies of entries to Registrar. Ch. 29. No. 2.] Marriage. Preliminaries to solemnization of marriage. 11. Marriage may be solemnized-— (a) under the authority of a District Registrar’s certificate or District Registrars’ certificates; or (0) under the authority of a Marriage Officer’s certificate or Marriage Officers’ certificates; or (c) under the authority of a licence from the Governor; or (¢) under the provisions of section 41. 12. (1) In every case of marriage intended to be solem- nized under the authority of a District Registrar's certificate or District Registrars’ certificate. , each of the parties shall give notice of the intended marriage, in the form given in Schedule B hereto (making the declaration therein con- tained), to the District Registrar of the district within which he or she has respectively resided for not less than seven days next preceding the date of such notice: Provided that when cach of the parties to the intended marriage shall have resided for the required period in the same district, a single notice shall be sufficient. (2) On the receipt of a notice of an intended marriage, such District Registrar shall forthwith enter the particulars set forth in such notice and also the date of the receipt of such notice, in a book to be called the ‘‘ Marriage Notice Book,” and shall suspend a copy of such notice in a con- spicuous place in his office for a period of not less than seven days from the time of the receipt thereof. (3) For every entry made in the Marriage Notice Book the District Registrar shall be entitled to a fee of twenty-four cents, and such Marriage Notice Book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same. 13. (1) Every District Registrar, not being the Registrar of Marriages, shall forthwith transmit to the Registrar of Marriages a copy of every such entry which shall have been made by him as in the last preceding section provided, and such Registrar of Marriages shall, on the receipt of such Marriage. (Ch. 29. No. 2. entry, file and preserve the same among the records of his office. (2) Every District Registrar who, without reasonable cause or excuse, Shall fail to transmit to the Registrar of Marriages a copy of any entry in accordance with the provisions of this section shall be liable, on summary conviction, for every such offence, to a fine of twenty-four dollars. 14, At any time not more than six months nor less than seven days after the entry of notice, the District Registrar, upon being requested so to do by or on behalf of the party by whom such notice was given, and in case no lawful impediment shall have been shown to the satisfaction of such District Registrar why such certificate should not issue, and in case no caveat shall have been entered against the issue of such certificate in the manner hereinafter mentioned, shall issue under his hand a certificate according to the form given in Schedule C hereto, and every such certificate shall state the particulars set forth in the notice, and the date on which the notice was entered, and that no caveat has been entered against the issue of such certificate, and that the full period of seven days has elapsed since the entry of such notice; and for every such certificate the District Registrar shall be entitled to a fee of twenty-four cents. 15. (1) In every case of marriage intended to be solem- nized under the authority of a Marriage Officer’s certificate or Marriage Officers’ certificates, each of the parties shall give notice of the intended marriage, in the form given in Schedule D hereto (making the declaration therein con- tained), to the Marriage Officer of the congregation to which he or she respectively belongs or is considered to be attached, or if not belonging or not considered to be attached to any congregation then to any Marriage Officer in the district in which he or she has respectively resided for not less than ‘ven days next preceding the date of such notice: Provided that when cach of the parties to the intended marriage belongs to the same congregation a single notice shall be sufficient. (2) On receipt of a notice of an intended marriage, such Marriage Officer shall forthwith enter the particulars 29 Issue of District Registrar's crtificate. Schedule C,.. Notice to Marriage Ofticer. Schedule D, issue of Marriage Oheer’s eeruitie Schedule F, Ch. 29. No. 2.] Marniage. set forth in such notice, and also the date of the receipt of such notice, in a book to be kept by him and to be called the ‘Marriage Banns Book,” and shall suspend a copy of such notice for a period extending over two Sundays from the date of the receipt thereof on a notice board to be kept affixed on the outside of the principal door of the place of worship at which. he acts as minister of religion. (3) Such Marriage Officer shall also, by himself or by some other person by him duly authorised, publish the banns of marriage between the parties named in such notice in the place of public worship at which he acts as minister of religion. The publication shall be made im an audible manner sometime during divine service on a Sunday, and shall be in the words as nearly as may be given in Schedule E hereto, and shall be made for two Sundays, during morning or evening service. 16. (1) Every Marriage Officer shall forthwith transmit to the Registrar of Marriages a copy of every entry which shall have been made by him as in the last preceding section provided, and such Registrar of Marriages shall, on the receipt of such entry, file and preserve the same among the records of his office. (2) Every Marriage Officer who, without reasonable cause or oxcuse, shall fail to transmit to the Registrar of Marriages a copy of any entry in accordance with the pro- Visions of this section shall be Hable, on summary conviction, for every such offence, toa fine of twenty-four dollars. 17, At any time after publication of banns is complete and before the expiration of six months from the entry of notice, the Marriage Officer, upon being requested so to do by or on behalf of the party by whom such notice was given, and in ease no lawful impediment shall have been shown to the satisfaction of such Marriage Officer why such certificate should not issue, and in case no caveat shall have been entered against the issue of such certificate in the manner hereinafter mentioned, shall issue under his hand a certificate according to the form given in Schedule IF hereto, and every such certificate shall state the particulars set forth in the notice, and the date on which the notice was entered, and Marriage. (Ch. 29. No. 2. that no caveat has been entered against the issue of such certificate, and that the banns have been published in the manner required by this Ordinance; and for every such certificate such Marriage Officer shall be entitled to a fee of twenty-four cents. 18. In the case of persons residing in the Colony intending that a marriage shall be solemnized between them, it shall be lawful for the Governor, if he shall think fit, to dispense with the giving of notice, and with the issue of the certificate of a District Registrar or a Marriage Officer, and to grant his licence, which shall be in the form given in Schedule G hereto or to the like effect, authorising the solemnization ol marriage between the parties named in such licence: Provided that before any such licence shall be issued, one of the parties to the intended marriage shall appear person- ally before the Registrar of Marriages, and shall make affidavit or solemn declaration that there is not any impediment of consanguinity or affinity or other lawful hindrance to the said marriage, and either that the consent of the person or persons whose consent to such marriage is required by Jaw has been obtained, or that no such consert is required, or that such marriage has been authorised hy the Chief Justice as hereinafter provided; and for every such licence the party requiring it shall pay the sum of $14.40 to the Registrar of Marriages. Ivery such affidavit or declaration shall be preserved by Registrar of Marriages among the records of his office. 19. (1) In any case in which one of the parties (hereinafter referred to as the “resident party’’) to a marriage intended to be solemnized or contracted under the provisions of this Ordinance is resident in the Colony and the other party to such intended marriage (hereinafter referred to as the ‘‘ non-resident party ’’) is not so resident, it shall be lawful for the Governor or any person duly authorised by him, if the Governor or such authorised person shall think fit and if the provisions of section 20 of ihis Ordinance have been complied with, by a writing under his hand (hereinafter referred to as ‘‘the Governor’s Authority ”’), to authorise the District Registrar to whom 31 Procedure by licence from the Governor. Schedule G. Special provisions in cases where one party to intended marriage docs not reside in Colony. Ord .24-1943, s. 2. Ord.24-1947, s. 3. 32 Schedule G1. Application for authori- sation under section 19. Ord. 24-1943, s. 2. Ord.2-4-L947, s. +. Ch. 29. No. 2.] Marriage. notice of intended marriage has been given by the resident party to issue his certificate in accordance with the pro- Visions of section 14 of this Ordinance in respect of the non-resident party as if notice had been given to him by such non-resident party jointly with the resident party and as if such non-resident party had the residential qualification prescribed in section 12 of this Ordinance, (2) The authority mentioned in the last preceding subsection (hereinafter referred to as “the Governor’s authority "’) shall be, as nearly as may be, in the form in Schedule G1 hereto. 20. (1) Before the Governor's authority may be granted, the following conditions shall be complied with- (a) the resident party shall have given notice of the intended marriage in the manner provided by section 12 to the District Registrar of the district within which he has previously resided for not less than seven day. next preceding the date of such notice; (6) not less than seven day. but not more than five months shall have clapsed since the entry of the notice referred to in paragraph (a) of this subsection ; (c) the resident party shall have made application to the Colonial Seeretary for the Governor’s authority not later than five months after the entry of the notice referred to in paragraph (a) of this subsection ; (d) the resident party shall have paid to the officer appointed by the Governor to receive the same the sum of $14.40 for the issue of the Governor’s authority aforesaid. (2) The application to the Colonial Secretary shall state (a) the christian or other names and surnames of both partics, their respective profession, occupation and place of residence; (0) whether the parties or cither of them have or has been previously married; (c) that no impediment of kindred or alliance or other lawful cause to prevent the proposed marriage is known to the applicant ; Marriage. |Ch. 29. No. 2. (d) that the resident party has resided in the district in which the notice referred to in paragraph (a) of subsection (1) of this section has been given, for not less than seven days next preceding the date of such notice; (c) where cither of the parties, not being a widower or widow, is under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required under this Ordinance has been obtained. (3) The application referred to in subsection 1 (c) of this section shall be signed by the resident party and shall be accompanied by a statutory declaration made by him before the Registrar of Marriages in the form given in Schedule H_ hereto. 21. (1) Where a marriage is intended to be solemnized or contracted in the Colony between a British subject resident in the Colony and a British subject resident in the United Kingdom, a certificate for marriage lawfully issued in any part of the United Kingdom, as tlie case may be, shall have the same effect as a certificate issued by District Registrar or a Marriage Officer in the Colony. (2) Where a marriage is intended to be solemnized or contracted in the United Kingdom between a_ British subject resident in the Colony and a British subject resident in the United Kingdom, a certificate may be issued in the Colony by a District Registrar or a Marriage Officer in the like manner as if the marriage was to be solemnized or contracted under circumstances requiring the issue of such certificate, and as if both such British subjects were resident in the Colony (3) For the purposes of subsection (1) of this section, the expression “certificate of marriage lawfully issued ” means— (a) in the case of England, a certificate for marriage issued by a superintendent registrar; (6) in the case of Scotland, a certificate for marriage issued by a registrar or a certificate of proclamation of banns , (c) in the case of Northern Ircland, a certificate for marriage issued by a registrar. T.--Iv, 3 Schedule H. Facilities for marriages between British subjects resident in the United Kingdom L and British subjects resident in the Colony. 34 Consent to Marriage of minors, Power of Chief Justice to authorise marriage. Objections to marriage, Ch. 29. No. 2.} Marriage. Consent to Marriage. 22. The father, if living, of any party to an intended marriage under twenty-one years of age (such party not being a widower or widow), of if the father shall be dead then the guardian or guardians of the person of the party so under age lawfully appointed, or one of them, and in case there shall be no such guardian then the mother of such party if unmarried, and if there be no mother unmarried then the guardian or guardians of the person appointed by the Supreme Court, if any, or one of them, shall have authority to give consent to the marriage of such party, and such consent is hereby required for the marriage of such party so under age, unless there shall be no person authorised to give such consent. 23. In case any person whose consent is required by law to any marriage, not being the father of cither of the parties to the marriage, is absent from the Colony, or is unable or refuses to give such consent, or being the father of one of such parties is of unsound mind or absent from the Colony, it shall be lawful for the persons desirous of contracting such marriage to apply by petition to the Chief Justice, who may proceed upon such petition in a summary way, and, in case the marriage proposed shall upon examination appear to him to be proper, the Chief Justice shall judicially declare by order in writing that such marriage may be solemnized and such order shall, for the purposes of this Ordinance, be deemed equivalent to such consent as aforesaid. Caveats. 24. .\ny person whose consent to a marriage is hereby required, or who may know of any just cause why the marriage should not take place, may, on payment of $1.20, enter a caveat against the issue of a District Registrar’ Marriage Officer’s certificate in the following manner :—— (a) if the marriage is intended to be solemnized wider the authority of a District Registrar’s certificate, such person shall, at any time before the issue of such certificate, write the word ‘‘ Forbidden ”’ opposite to the entry of the notice in the Marriage Notice Book, and shall append thereto his name and place of abode, Marriage. [Ch. 29. No. 2. and the grounds upon which he claims to forbid the matnage ; (b) if the marriage is intended to be solemnized under the authority of a Marriage Officer’s certificate, such person shall give notice in writing to the person publishing the banns that he forbids the marriage, and shall append to such notice his name and place of abode, and the grounds upon which he claiuns to forbid the marriage. The person publishing the banns, if he be not the Marriage Officer, shall forthwith forward such notice to the Marriage Officer and the Marriage Officer shall record in the Marriage Banns Book the fact and date of the receipt of the notice forbidding the marriage. No District Registrar or Marriage Officer shall issue his ‘certificate until such caveat has been removed in the manner hereinafter provided. 25. (1) Whenever caveaé is entered against the issue of a District Registrar’s or Marriage Officer’s certificate, the District Registrar or Marriage Officer, as the case may he, shall forthwith refer the matter to the Chief Justice. (2) If the Chief Justice is of opinion that no legal ground has been disclosed in the caveat for forbidding the issuc of the certificate, he may remove the caveat in the manner hereinafter provided without requiring any of the parties to appear. (3) In other cases, the Chief Justice shall summon the parties to the intended marriage and the person by whom the caveat has been entered, and shall require such last named person to show cause why the District Registrar or Marriage Officer, as the case may be, should not in due course issue his certificate. (4) Every such matter shall be heard and determined in a summary manner, and the Chief Justice may award compensation and costs to the party against whom the caveat was entered, if it appear that such caveat was entered on insufficient grounds. 26. (1) Ifthe Chief Justice shall decide that the certificate Ought to issue, he shall remove the caveat by a declaration 3 (2) 35 When caveat entered, matter to be referred to Chief Justice. Removal of caveat. 36 Ch. 29. No. 2.] Marriage. Marnage. before Marriage Officer Marriage. before District Registrar under his hand that the intended marriage is proper and may be solemnized; anda certified copy of such declaration shall be forwarded to the District: Registrar or Marriage Officer, as the case may be, by whom the caveat was referred. (2) On the removal of the caveat, the District Registrar or Marriage Officer, as the case may be, may issue his ¢ certificate in due course, and the marriage may proceed as if the caveat had not been entered, but the time which has lapsed between the entering and removal of the caveat shall not be computed in the period of six months specified in sections 14 and 17. Solemnization of marriage. 27. On the delivery of the certificate of a District Kegistrar, or in case the parties shall have given notice to the District Registrars of different districts then on the delivery of the certificate of each such District Registrar, or on the deliv ery of the certificate of a Marriage Officer or in case the parties shall have given notice to different Marriage Officers then on the delivery of the certificate of each such Marriage Officer, or on the delivery of a licence from the Governor to any Marriage Officer, it shall be lawful for such Marriage Officer to solemnize a marriage between the parties named in such certificate or certificates or licence, as the eo may be Provided that such marriage shall be solemnized) with open doors between the hours of six o’clock in the forenoon and six o'clock in the afternoon of the same day, and in the presence of two or more credible witnesses beside the said Marriage Officer. 28. On the delivery of the certificate of a District Regis- trar, or in case the parties shall have given notice to the District Registrars of different districts then on the delivery of the certificate of each such District Registrar, or on the delivery of the certificate of a Marriage Officer, or in case the parties shall have given notice to different Marriage Officers then on the delivery of the certificate of each such Marriage Officer, or on the delivery of a licence from the Governor, to any District Registrar, the parties named in such certifi- cate or certificates or licence, as the case may be, may, if thev shall see fit, contract marriage at the office of such. Marriage. [Ch. 29. No. 2. District Registrar with open doors and in the presence of such District Registrar and two or more credible witnesses, and between the hours of ten o'clock in the forenoon and four o’clock in the afternoon of the same day: Provided that cach of the parties shall, in some part of the ceremony, and in’ the presence of such District Registrar and witnesse. make the following declaration :— ““T do solemnly declare that T know not of any lawful impediment why I, Al. B., should not be joined in matrimony to © D. here present’? and cach of the parties shall say to the other, “PE call upon these persons here present to witness that I, A. B., do take thee C. D., to be my lawful wedded wife (or husband)."" Such District Registrar shall be entitled for every marriage so contracted in his presence to receive from the partic. a sum of $2.40. 29. Whenever a marriage shall not take place within six months alter the entry of notice thereof or after the granting of a licence from the Governor under section 18 of this Ordinance, the notice or licence, as the case may be, and all other proceedings shall thereupon be utterly void, and no Marriage Officer shall proceed to solemnize the marriage, nor shall the marriage be contracted before a District Registrar, until new notice has been given and entry made and certificate issued or a new licence has been granted in the manner aforesaid. 30. Where any party to a marriage shall commonly use any other language than English, then the forms and declarations hereby required to be used in the ceremony shall be made in such other language, so always that the words used shall express the true intent and meaning of such forms and declarations. 31. After any marriage shall have been solemnized or contracted in the manner in this Ordinance provided, it shall not be necessary in support of such marriage to give any proof of the actual dwelling or of the period of dwelling of either of the partics in the district mentioned in a notice of marriage previous to the giving of such notice, nor of the consent of any person whose consent thereunto is required by law, nor shall any evidence be given to prove the contrary. 37 Notices and licences void unless marriage takes place within six months. Use of other than English language. Proof of certain matters not required after marriage. Ord.24-1943, s. 2. 338 When Marriage Officer not compellable to marry Marriage tu be entered in register and dupli- cate sent to Registrar. Schedule I. Ch. 29. No. 2.] Marriage. 32. (1) No Marriage Officer shall be compellable to accept notice of marriage from, or to enter or publish the banns of, or to issue a Marriage Officer’s certificate to, cr to solemnize marriage between, persons cither of whom shall not be a member of his own communion, nor otherwise than accord- ing to the rules or custom of such communion, nor unless he shall be satisfied by the declaration of the parties or other- wise that the proposed marriage is consistent with such rules or custom. (2) No minister of the Christian religion shall be compelled to publish the banns of marriage or to solcmnize the marriage of any person whose fcrmer marriage shall have been dissolved by a judicial decree, where the other party to such former marriage is still living, nor shall any such minister be compelled to permit the use of any church or chapel under his control for publishing any such banns or solemnizing the marriage of any such person, nor shall any such minister be liable to any suit, proceeding or penalty for refusing to publish any such banns or for refusing to solemnize any such marriage or for refusing to permit the use of any such church or chapel for any such purposes aforesaid. (3) No minister of the Christian religion shall be liable to any suits, proceedings or penalties for publishing any such banns or solcmnizing the marriage of any such person aforesaid or for permitting the use of any such church or chapel for any of the purpeses aforesaid : Provided that nothing in this section shall relieve any such minister from any ecclesiastical proceeding or censure to which by reason of his publishing any such banns or solemnizing any such marriage or permitting the use of any such church or chapel for any of the purposes aforesaid he is or from time to time hereafter may be liable according to the doctrine, practice, usage or rules of any such religion. Registration of marriage. 33. (1) Immediately after the solemnization or con- tracting of any marriage, the officiating Marriage Officer or the District Registrar, as the case may be, shall enter in a book to be called the ‘‘ Marriage Register Book ”’ a statement of the said marriage in the form given in Schedule | Marriage. [Ch. 29. No. 2. hercto, which entry shall be signed by such Marriage Officer or District Registrar, as the case may be, and by the partics to the marriage and by two credible witnesses of the said marriage, and every such Marriage Officer and every District Registrar (not being the Registrar of Marriages) shall forthwith transmit to the Registrar of Marriages a duplicate of such statement similarly signed, and all such duplicate statements shall be filed by the Registrar of Marriages and preserved among the records of his office (2) Every Marriage Officer or District Registrar who, without reasonable cause or excuse, shall fail to transmit to the Registrar of Marriages any statement in accordance with the provisions of this section shall be liable, on summary conviction, for every such offence, to a fine of forty-eight dollars. 34. It shall be lawful for all persons at all reasonable times to search the entries in any Marriage Register Book er any file of statements as aforesaid kept by the Registrar or any District Registrar or any Marriage Officcr, and to have true copies, certified under the hand of such Registrar, Nistrict Registrar, or Marriage Officer, of any such entries cr statements: Provided that, before allowing any such search or fur- nishing any such certified copy, the Registrar, District Registrar, or Marriage Officer, as the case may be, shall be entitled to demand the following fees, that is to say:— For every search 48 cents. For every certified copy as afore- said 48 cents. Void marriages. 35. (1) If any person shall knowingly and_ wilfully intermarry under the provisions of this Ordinance, without due notice given in accordance with section 12 or section 15 or without a certificate under sections 14 or 17 having been duly issued, or without a licence issued under this Ordinance, the marriage of such persons shall be null and void. _ (2) If any persons to any marriage are within the prohibited degrees of consanguinity or affinitv according 39 Searches and certified copies. Void marriages. Ord.24-1943, 8. 2. 40 Forging or altering register book, notice, etc. Making false entrics, giving false certificates. Forgimy seal. Destroying or injuring register book, etc. Losing or injuring document. Issuing of certificate to person within prohibited degrees. Ord.24-19-43, s. 3. Ch. 29. No. 2.] Marriage. to the law of England from time to time in force, the marriage of such persons shall be null and void. Offences. 36. Every person who shall knowingly and wilfully forge or alter or falsely make, or procure to be forged or altered or falsely made, or shall offer, utter, or dispose of, knowing the same to have been forged or altered or falsely made, any register book or any notice, licence, certificate, entry, or statement mentioned in this Ordinance, or any certified copy thereof respectively, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry or marriage, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof, or shall forge or counterfeit the seal of the Registrar General, shall be guilty of felony and, on conviction on indictment, shall be liable to imprisonment for seven years, 37. Every person who shall unlawfully and maliciously destroy or injure or cause to be destroyed or injured, any register book or any notice, licence, certificate, entry, or statement mentioned in this Ordinance, or any certified copy thereof respectively, shall be guilty of felony, and, on con- viction on indictment, shall be lable to imprisonment for three years. 38. levery person having the custody of any register book or certified copy thereof or of any part thereof, who shall carclessly lose or injure the same or carelessly allow the same to be injured whilst in his keeping, shall be liable to a fine of two hundred and forty dollars for every such offence. 39. Every District Registrar or Marriage Officer who shall knowingly and wilfully issue any certificate for the marriage of any persons being within the prohibited degrees of consanguinity or affinity according to the law of England from time to time in force shall be guilty of felony, and, on conviction on indictment, shall be liable to imprisonment for three years. Marriage. [Ch. 29. No. 2. 41 40. Any minister of religion who shall knowingly and wilfully solemnize any marriage without being licensed as a Marriage Officer under the provisions of this Ordinance, and any Marriage Officer or District Registrar who shall solemnize any marriage or allow any marriage to be contracted in his presence before the issue of a certificate or granting of a licence from the Governor, or after the expiration of six months from the entry of notice or granting of such licence, or who shall knowingly and wilfully issue any certificate of marriage except within the period allowed by this Ordinance for issuing the same, or any certificate against the issue of which a caveat has been entered until-such caveat has been duly removed in the manner hereinbefore provided, shall be guilty of felony, and, on conviction on indictment, shall be liable to imprisonment for three years. Marriages in extremis. 41. (1) Notwithstanding anything in this Ordinance con- tained, it shall be lawful for any Marriage Officer to perform the ceremony of marriage between any persons, without notice given of the intended marriage of such persons, or without a certificate duly issued, or before the issue of such certificate, or after the expiration of six months from the entry of notice of such marriage, provided that both the parties between whom such ceremony of marriage shall be performed shall, at the time of the performance thereof, be legally competent to contract marriage and be of full age, and provided also that one at least of them, to the best of the knowledge and belief of such Marriage Officer and of the other persons signing the certificate hereinafter required, shall be, at the time of the performance of such ceremony, in a dying state, and that such dying person shall be a member of the religious communion or denomination to which such Marriage Officer shall belong. (2) Immediately after the solemnization of any such marriage, the officiating Marriage Officer shall transmit to the Registrar of Marriages a certificate of the said marriage in the form given in Schedule J hereto, signed by such Marriage Officer and by two credible witnesses present at the said marriage. Such statement shall be filed by the Registrar in a register to be specially kept for the purpose. Offences by Marriage Officers and District Registrars, Marriages in extremis. Schedule J. 42 Forfeiture of property acquired by marriage had by fraudulent means. Ch. 29. No. 2.] Marriage. (3) Subject to the observance of the foregoing con- ditions, a marriage solemnized under the provisions of this section shall be and be held to be good and effectual in law. (4) No marriage solemnized under the provisions of this section shall operate as a revocation of any will. Miscellaneous. 42. If any valid marriage shall be had under the provisions of this Ordinance by means of any wilfully false notice, oath, or declaration made by either party to such marriage as to any matter as to which a notice, oath, or declaration is herein required, it shall be lawful for the Attorney General, by information on the relation of a parent or guardian of a minor whose consent has not been given to such marriage, and who shall be responsible for any costs incurred in such suit, such parent or guardian previously making oath or affirmation as is hercinafter required, to sue for a forfeiture of all estate or interest in any property accruing to the cffending party by such marriage, and the Supreme Court shall have powcr in such suit to declare such forfeiture and thereupon direct that all such estate and interest, or any such part thereof as to the Court shall scem fit, shall be secured, in such manncr as to the Court shall seem fit, for the benefit of the innocent party, and the issue of the marriage or any of them, or if both parties to the said marriage shall, in the judgment of the Court, be guilty of any such offence as aforesaid then for the benefit of the issue of the said marriage, subject to such provisions for the offending parties by way of mainten- ance or otherwise as the said Court shall think reasonable: Provided that no such suit as aforesaid shall be instituted unless it shall have been first made out to the satisfaction of the Attorney General by the oath of some person whose consent was required by law to the said marriage or by his or her solemn affirmation made in lieu of an oath, that the circumstances of the case are such as to authorise the institution of such proceedings, and that the consent required by law for such marriage had not been obtained, and that the person making such oath or affirmation had not discovered that the said marriage had been con- tracted more than six months before making such oath or affirmation. Marriage. [Ch. 29. No. 2. 43. No prosecution for any felony under this Ordinance shall be commenced after the expiration of three years after the offence has been committed, nor without the written consent of the Attorney General. 44, All pecuniary penalties under this Ordinance recoverable on summary conviction, may be recovered on complaint in the name of any person authorised in that behalf by writing under the hand of the Attorney General, at any time not more than twelve months after such offence has been committed. 45. All fees received by the Registrar or District Registrars or the Colonial Secretary under this Ordinance shall be paid into the Treasury for the use of the Colony. 46. All certified copies of entries purporting to be sealed or stamped with the seal of the Registrar General shall be reecived as evidence of the marriages to which the same relate without any further or other proof of such entry and no certified copy purporting to be given in the office of the Registrar of Marriages shall be of any force or effect which is not sealed or stamped as aforesaid. 47. ‘he Registrar General shall send, once in every year, to the Governor a general abstract of the number of marriages registered during the twelve months ending on the last day of December then immediately preceding, in such form as the Governor from time to time shall require ; and every such annual general abstract shall be laid before the hegislative Council at its next meeting after the receipt thercof. 48. No marriage solemnized or contracted under this Ordinance, other than a marriage heretofore adjudged to be void by a court of competent jurisdiction, shall be, or be deemed to have been, invalid by reason only that a licence issued under section 19 prior to the 12th of August 1943, was issued less than two clear days after application therefor had been made or that a District Registrar’s certificate was issued in compliance with such licence less 43 Limitation. Recovery of penalties. Fees payable into the Treasury. Evidence. Annual abstract Validation. Ord.24-1943, 3. 4. 44 Ch. 29. No. 2.] Marriage. than seven days after the time of entry of notice of marriage given to such District Registrar under section 12 by one of the parties to the marriage. SCHEDULES. (Section 6,) SCHEDULE A. Licence to be a Marriage Officer. -1.B. being a Minister of Religion of (a) residing at and officiating at (Db) (c) is hereby licensed as a Marriage Officer for the purposes of the Marriage Ordinance, Governor, (a) State religious denomination. (b) State place of public worship in which applicant acts as minister (if any). (() State city, borough, town, or ward where place of worship is situated. (Section 12). SCHEDULE B. Form 1, (Applicable to the case of parties residing in different districts or giving separate notices.) Notice to District Registrar. To District Registrar of the district of 1 [here insert the name of the person giving notice | give you notice that a Marriage is intended to be had between me and the other party herein named and described, that is to say:— : Kame and | Condition. | Calling. | Age. ae | Dwelling- Length of place. residence. | | J | a And I give this notice with the assent of the other party herein named and described. And I solemnly declare that I have for seven days, immediately preceding the date of this notice, had my usual place of abode within the above-mentioned district Marriage. [Ch. 29. No. 2. of and that I believe there is no impediment of kindred or alliance or other lawful hindrance to the said Marriage. *Ancd LT solemnly declare that | have the consent of all whose consent is necessary ior my marriage, namely :—(Here state names and authority of all whose consent is necessary] In witness whereof T have hereunto set and subscribed my hand this day 19 Signature, *To form part of the declaration when the party is under 21 yer ‘s of age and is not a widower or widow, otherwise to be deleted. ForM 2. (Applicable to the case of parties residing in the same district and giving a single notice.) Notice to District Registrar. the District Registrar of the district of We [here insert the names of the persons giving notice] give you notice that a Marriage is intended to be had between us, the parties herein named and described, Lhat is ta say :— Ni Dwelling- Length of Conditions. ‘alling. Age. : 6 8 place. residence. And we solemnly declare that we have for seven days immediately preceding the date of this notice had our usual place of abode and residence within the above mentioned district of , and that we believe there is no impediment of kindred or alliance or other lawful hindrance to the said Marriage. *And we solemnly declare that we each have the consent of all whose consent is necessary for our marriage, namely :—([Here state names and authority of all whose consent 1s mecessary.] In witness whercof we have hereunto set and subscribed our hands this day of 19 (Signatures.) “To form part of the declaration when cither of the parties is under 21 years of and not a widower or widow, otherwise to be deleted. 46 Ch. 29. No. 2.] Marriage. (Section 14.) SCHEDULE C. Registrar's Certificate. L, District Registrar of Marriages for do hereby certify that on the day of , 19, notice was duly entered in the Marriage Notice Book of the said District, of the marriage intended between the parties hereunder named and described. . Consent Name and | as Length . , Surnanie (if any) | condition. Profession. ; Age. | Dwelling- of pit anys at fulllength. | place. | Residence. | °¥. : given. Date of Notice entered day of ,19 Date of Certificate given day of ,19 No caveat has been entered against the issuc of this certificate or [as the case nay be] A caveat was entered Ogainst the issue of this certificate on the day of , 19 but was removed on the day of 19 by the Chicf Justice. Witness my hand this day of 19 (Signed) Registrar for District of N.B.—This certificate will be void unless the marriage is solemnized on or before the z Wp day of ,19 next. Marriage. [Ch. 29. No. 2. SCHEDULE D. Form 1. (Applicable to the case of parties belonging to different congregations or giving separate notices.) Notice for Banns. To Minister of Church jor Chapel] in the District of and a Marriage Officer. I [here insert the name of the person giving notice] being a member of the congregation of the said Church [or Chapel] give you notice that a Marriage is intended between me and the other party hercin named and described, and that ] desire you to publish the banns of such Marriage on two Sundays beginning with Sunday the day of 19, next. Name and Surname. Condition. Calling. Age. Dwelling-place. eS Saad ce And 1 give this notice with the assent of the other pi herein named and scribed. And 1 solemnly declare that 1 believe (here is no impediment of kindred or alliance or other lawful hindrance to the said Marriage. *And | solemnly {declare that I have the consent of all whose consent is necessary for my marriage, namely:—! Here state uames and authority of all whose consent ts necessary.) In witness whereof I have hereunto set and subscribed wy hand this day od (Signature.) ~Yo form part*of the declaration when the party is under 21 years of age and is hot a widower or widow, otherwise to be deleted. 47 (Section 15.) 48 Ch. 29. No. 2.) Marriage. Form 2. (Applicable to the case of partics belonging to the same congregation and giving a single notice.) Notice for Banns. To Minister of Church [or Chapel] in the District of and a Marriage Officer. We [here insert the names of the persons giving notice}, being members of the congregation of the said Church or Chapel] give you notice that a Marriage is intended between us, the parties herein named and described, and that we desire you to publish the banns of such Marriage in your Church [or Chapel] on two Sundays beginning with Sunday the day of 19 next. ! Name and Surname. Condition. Calling. | Age. | Dwelling-place. 1 |. t . And we solemnly declare that we believe there is no impediment of kindred or alliance or other lawful hindrance to the said Marriage. *And we solemnly declare that we cach have the consent of all whose consent is necessary for our marriage, namely: 'lfere state names and authority of all whose consent is necessary.] ‘ss whereof we have hereunto set and subscribed our hands this day 19 (Signatures.) *To form part of the declaration when cither of the partics is under 21 years of age and not a widower or widow, otherwise to be deleted. SCHEDULE E. Form of Words to be used in the Publication of Banns. (Section 15.) ] publish the Banns of Marriage between -1.23. of [here state the parish as stated in the notice] and C.D, of [here state the parish as stated in the notice}. If any of you know any cause or just impediment why these two persons should not be joined together in holy matrimony ye are to declare it. This is the first for second, as the case may be] time of asking. Marriage. [Ch. 29. No. 2. 49 SCHEDULE F. (Section 17.) Marriage Officer's Certificate. 1, Minister of Church [or Chapel] in the District of and a Marriage Officer do hereby certify that on the day of ,19 __, notice was duly entered in the Marriage Banns Book of the said Church (or Chapel] of the marriage intended between the parties hereunder named and described. Age. | Dwelling-place. Name and Surname. Condition. Calling. Date of notice entered day of 19 Date of certificate given day of ,19 No caveat has been entered against the issue of this certificate or [as the case may be) A caveat was entered against the issuc of this certificate on the day of , 19 , but was removed on the day of , 19 , by the Chief Justice. The Banns of Marriage have been published in the manner required by the Marriage Ordinance. Witness my hand this day of ,19 (Signed) Minister of Church [or Chapel] in the District of and a Marriage Officer. N.B.—This certificate will be void unless the marriage is solemnized on or before the day of 19, next. SCHEDULE G. (Section 18.) Governor's Licence. To any District Registyay or Marriage Officer. These are to Licence and Permit you to solemnize a marriage between A.B. [here give name, surname, condition, calling, and place of residence of A.B.) and C.D. [herve give name, surname, condition, calling, and place of residence of C.D.) according to the provisions of the Marriage Ordinance, you knowing no lawful impediment to the contrary. Given under my hand at this day of 19 (Signed). N.B.—This Licence will be void unless the marriage is solemnized on or before the day of , 19, next. T.—IV, 4 50 (Section 19.) (Section 20.) (Section 33.) Ch. 29. No. 2.] Marriage. SCHEDULE Gl. Governor’s Authority. To the District Registrar of district. Whereas A.B. [herve insert names, surname, profession, occupation and place of residence of A.B.] has given notice to the District Registrar of district of his or her intended marriage with C.D. [here insert names, surname, profession, occupation and place of residence of C.D.], and whereas the said C.D. has not given notice of his or her intended marriage because he or she was not resident in the Colony, and whereas a period of not less than seven days and not more than five months has clapsed since the giving of notice as aforesaid, and whereas applica- tion has been made to the Colonial Secretary by the said A.B. for the grant of the Governor’s authority under section 19 of the Marmage Ordinance: I hereby authorise the District Registrar of district to issue his certificate under section 14 of the said Ordinance in respect of the said C.D. as if he or she had duly given notice under section 12 of the said Ordinance jointly with the said A.B. and as if the said C.D. had resided in the district during the seven days. immediately preceding the giving of such notice. Given under my hand at this day of 19 (Signed) Governor. SCHEDULE H. I, do solemnly and sincerely declare that the statements made in my application hereto attached and marked A are true and correct. I make this declaration conscientiously believing the same to be true and according to the Statutory Declarations Ordinance, and I am aware that if there is any state- ment in this declaration which is false in fact which I know or believe to be false or do not believe to be true I am liable to fine and imprisonment. Declared before me this day of 119 Registrar of Marriages. SCHEDULE I. Marriage Register Book. . b v 3 9 rar Ky et eo OK # |g é sss] £ |e, | Setug VO E agg 2 bo age a eg | ete g 6 a “Es 3 S Ss o2sa st 3.2 amEag z a |eat i) & |] 3 =e /SEE| S ets age ‘ e s & a + a ° S es Ss | soe § |) o |gee] § | S8 | Bras z wn 8 n HOS a a (Signed). Marniage (Ch. 29. No. 2. SCHEDULE J. Marriage in Extremis. J, the undersigned Marriage Officer of (1) and we, the under- signed of (2) and of (2) being of the age of twenty-one years and upwards do hereby certify that on the day of , 19, the Ceremony of Marriage was performed by me the said in the presence of us the said and between of (3) and of (4) and that both the said and at the time of the performance of such ceremony were legally competent to contract marriage, and were of full age, and that the said (5) was a member of the same religious communion or denomination to which the said (6) belongs, that is to say, the (7) ; and that at the time of the performance of such ceremony, the said (8) was, to the best of our knowledge and belief, in a dying state. Signatures, (1) Residence. (2) Residence and Profession. (3) State whether bachelor or widower. (4) State whether spinster or widow. (5) Name of party in dying state. (6) Name of Marriage Officer. (7) Religious communion or denomination. (8) Name of party in dying state. 4 (2) 51 (Section 41.) 52 Ch. 29. No. 3.] Deceased Wife's Sister’s Marriage. CHAPTER 29. No. 3. DECEASED WIFE’S SISTER’S MARRIAGE. Ordinance AN ORDINANCE RELATING TO MARRIAGE WITH A . 29, , No. 3-1940. DECEASED WIFE’S SISTER. Commence- [24th July, 1911.] ment. Short title. 1. This Ordinance may be cited as the Deceased Wife’s Sister’s Marriage Ordinance. Interpreta- 2. In this Ordinance, the expression “ sister ’’ shall include tion. a sister of the half-blood. Marriage, 3. Every marriage, otherwise lawful, heretofore or here- ptherwise after contracted between a man and his deceased wife’s sister, between any within the Colony or without, shall, in the Colony, be yan ant his deemed and is hereby declared to be and to have been valid wife's sister, and of full force and effect: Provided that in case, before valid. the commencement of this Ordinance, any such marriage shall have been annulled by any court of competent jurisdic- tion, or either party thereto (after the marriage and during the life of the other) shall have lawfully married another, it shall be deemed to have become and to be void upon and after the day upon which it was so annulled, or upon which either party thereto lawfully married another as aforesaid. . Saving of 4. (1) No right, title, estate, or interest, whether in rights ond possession or expectancy, and whether vested or contingent, interests. at the commencement of this Ordinance existing in, to, or in respect of any property, and no act or thing lawfully done or omitted before the commencement of this Ordinance, Deceased Wife's Sister’s Marriage. [Ch.29. No. 3. 53 shall be prejudicially affected, nor shall any will be deemed to have been revoked, by reason of any marriage heretofore contracted as aforesaid being made valid by this Ordinance. (2) Nothing in this Ordinance shall affect the devolu- Insane tion or distribution of the real or personal estate of any Peon not intestate, not being a party to the marriage, who at the commencement of this Ordinance shall be, and shall until his death continue to be, an insance person, so found by inquisition. 54 Ch. 29. No. 4.) Muslim Marriage and Divorce Registration. CHAPTER 29. No. 4. MUSLIM MARRIAGE AND DIVORCE REGISTRATION. Ordinance | AN ORDINANCE RELATING TO THE REGISTRATION OF 1940, MUSLIM MARRIAGES AND DIVORCES. Commence- [1s/ July, 1936. | ment. ~ . Short title. 1. This Ordinance may be cited as the Muslim Marriage and Divorce Registration Ordinance. PART I. GENERAL. Definitions. 2. In this Ordinance— district means a Muslim Marriage District con- stituted under section 3, ‘“‘ Divorce Officer ’’ means a person appointed to be a Muslim Divorce Officer in accordance with section 5; “Marriage Officer’’ means a_ person appointed to be a Muslim Marriage Officer in accordance with section 5; ‘“ Registrar ’’ means a Registrar of Muslim Marriages appointed under section 4; ‘“ Registrar General means the Registrar General of Muslim Marriages and Divorces appointed under section 4. Muslim 3. The Governor may by proclamation divide the Colony Marriage wees. into Muslim Marriage districts for the purposes of this . 25.6.1936 for Muslim Marriage districts. Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. 55 Ordinance and may from time to time by like proclamation alter such districts either by change of boundaries or by union or sub-division of districts or by the formation of new districts. 4. The Governor may from time to time appoint a fit and proper person to be the Registrar General of Muslim Marriages and Divorces for the Colony and a fit and proper person to be Registrar of Muslim Marriages for each district. 5. The Governor in his discretion may from time to time appoint any fit and proper person, being a member of the Mushm community, to be a Marriage Officer or to be a Divorce Officer for the purposes of this Ordinance, and the Governor may, without assigning any reason for so doing, cancel any such appointment. Every such appointment or cancellation thereof shall take effect on the date of publication of a notice to that effect in the Royal Gazette. 6. It shall be lawful for any Officer appointed under the last preceding section to act as a Marriage Officer in any district. 7. Every District Registrar shall keep affixed in a conspicuous place in his office a list containing the names and addresses of all Marriage Officers appointed under this Ordinance. PART II. MARRIAGES. 8. The requisites of a valid Muslim marriage under this Ordinance are— (a) that each of the parties belongs to and professes the Muslim faith or religion; (6) that each of the parties shall, as regards age, mental capacity and otherwise, be capable of contract- ing Marriage ; (c) that the parties shall not by reason of anything contained in the Islamic law relating to marriage be prohibited from marrying one another; Appoint- ment of Registrar General and Registrars. Appoint- ment of Muslim Marriage Officers. Marriage Officers may act in any part of the Colony. District Registrars to exhibit list of Marriage Officers. Requisites of marviage. 56 Age hinit Ch. 29. No. 4.] Muslim Marriage and Divorce Regisivation. (d) that the partie., understanding the nature of the contract, shall freely consent to marry one another; (e) that the marriage shall be effected by or before a person appointed as a Marriage Officer under the provisions of this Ordinance; (f) that the marriage shall be registered in accord- ance with the provisions of this Ordinance. 9. The age at which a person, being a member of the and consent. Muslim Community, is capable of contracting marriage Consent to mariage in certain cases. shall be sixteen in the case of males and twelve in the case of female. Provided that in the case of an intended marriage between persons either of whom, being a male is under twenty-one years of age or being a female is under eightcen years of age (not being a widower or widow), the consent to such marriage, of the father if living, or if the father shall be dead of the guardian or guardians lawfully appointed or of one of them, and in case there be no such guardian then of the mother of such person so under age, and if there be no mother living then of such other person as may be appointed for the purpose by the Governor, shall be certified in writing by the Marriage Officer by or before whom the marriage is effected upon the certificate of such Marriage to be issued in accordance with the provisions of this Ordinance. 10. In case any person whose consent to a marriage is required in accordance with the preceding section is absent from the Colony or is unable or refuses to give such consent or is not of sound mind, it shall be lawful for the person desirous of contracting such marriage to apply to the Governor to appoint a person, being a member of the Muslim Community, to examine into the circumstances of such intended marriage, and if upon such examination by the person so appointed it shall appear to him that there are no reasonable objections to such intended marriage, he shall so formally declare in writing and such declaration shall for the purposes of this Ordinance be deemed equivalent to such consent as aforesaid. Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. 11. If any persons shall intermarry otherwise than in accordance with the provisions of this Ordinance, or if the parties to any marriage are within the prohibited degrees of consanguinity or affinity according to the Islamic law relating to marriage, the marriage of such persons shall not be registered under the provisions of this Ordinance. 12. (1) Immediately after a Muslim marriage has been effected by or before a Marriage Officer, he shall enter in a book to be supplied by the Registrar General and kept by the Marriage Officer for that purpose (to be called the “Muslim Marriage Certificate Book ’’) a certificate in the prescribed form of the said marriage, which shall be signed by such Marriage Officer and by the parties to the marriage and by two eredible witnesses, and such Marriage Officer shall enter up in the counterfoil the, prescribed particulars and sign the same. (2) Every Marriage Officer shall, within seven days of a Muslim marriage being effected by or before him, transmit to the District Registrar the certificate referred to in the preceding subsection together with the prescribed fee. (3) Upon receipt of the said certificate the District Registrar, if it appears to him that the requisites of a valid Muslim marriage have been complied with and that the consent of any person required by this Ordinance to consent to such marriage has been obtained, shall countersign the certificate so forwarded and transmit the same to the Registrar General for registration. (4) Every Marriage Officer who, without reasonable cause or excuse, shall fail to transmit to the District Registrar any certificate in accordance with the provisions of this section together with the prescribed fee shall, on summary conviction, be liable for each offence to a fine of fifty dollars. 13. (1) Any Muslim marriage, which was entered into prior to the commencement of this Ordinance between Muslims domiciled in the Colony at the date of such marriage and which marriage is still subsisting and is valid according to the Islamic law relating to marriage, may be registered 57 Marriages which may not be registered. Completion of marriage certificate and trans- mission to District Registrar and Regist- tar General. Registration of marriages entered into prior to com- mencement of Ordinance. Filing of certificate and registra- tion of Mariage hy Registrar General. Registration to legitimate children of marriage so recistered. Ch. 29. No. 4.] Muslim Marriage and Divorce Registration. under this Ordinance in accordance with the provisions hereinafter contained. (2) The parties to such prior marriage shall attend together with a Marriage Officer before a District Registrar and such parties shall, in the presence of and before the District Registrar, make a declaration in the form pre- scribed which declaration shall be certified by the Marriage Officer in the manner prescribed. (3) If it appears to the District Registrar that the requisites of a valid Muslim marriage were complied with at the date it was contracted and that such prior marriage is still subsisting he shall transmit the declaration to the Registrar General for registration. 14. (1) The Registrar General shall file in his office all certificates and declarations of Muslim marriages which shall be transmitted to him, and shall forthwith register in a book in the prescribed form to be kept in his office for such purpose and to be called the “ Muslim Marriage Register Book ”’ particulars of every certificate and declaration of a Muslim marriage which shall be filed in his office, and every entry so made shall be dated on the day on which it is so entered and shall be signed by the Registrar General, and such book shall be kept in such manner as is best suited for easy reference thereto. (2) Upon such registration by the Registrar General, and upon payment of the prescribed fee, he shall issue and transmit to the parties to the marriage a certificate of registration of the marriage in the prescribed form, and in the case of a marriage effected after the commencement of this Ordinance he shall send a notification of the fact and date of registration to the Marriage Officer by or before whom the marviage was effected, who shall thereupon enter such particulars in the space provided for the purpose in the counterfoil of the Muslim Marriage Certificate Book. 15. The children of any Muslim marriage registered in accordance with the provisions of this Ordinance shall be legitimate, and in the case of the children of a prior marriage registered by virtue of section 13 the date of such legitima- tion shall be the date of registration of such prior marriage: Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. Provided that such legitimation in respect of each child of such prior marriage shall have effect as from the date of the birth of each such child: Provided further that the provisions of this section shall not operate to alter the status of any child deemed legiti- mate by virtue of any other law. 16. The Legitimation Ordinance, save and except sec- tions 3 and 10 thereof, shall apply, mutatis mutandis, to persons legitimated by reason of registration of marriage under the provisions of this Ordinance. PART III. DIVORCES. 17. Part III. of this Ordinance shall apply to all divorces, dissolutions and annulments of marriages between Muslims (hereinafter referred to as ‘‘ divorces ’’) effected after the commencement of this Ordinance, and all such divorces, if effected by or before a Divorce Officer according to the Islamic law of divorce, dissolution and annulment of marriage and are registered in accordance with the provisions of this Part of this Ordinance, shall be deemed to be valid for all purposes as from the date of registration, notwithstanding that any Muslim marriage so dissolved or annulled may have becn registered in accordance with any other law relating to the registration of marriages. 18. Immediately after the absolute dissolution or annul- ment of any Muslim marriage by or before a Divorce Officer, he shall enter in a book to be supplied by the Registrar General and kept by the Divorce Officer for that purpose (to be called the ‘‘ Muslim Divorce Certificate Book ”’), a certificate in the prescribed form of the dissolution or annulment of such marriage which shall be signed by the Divorce Officer and by the party applying for the divorce, and such signatures shall be witnessed by two credible witnesses. The Divorce Officer shall also enter up in the counterfoil the prescribed particulars and sign the same. 59 Application of Legitima- tion Ordinance. Application of Part IIT. Completion of divorce certificate. 60 Transmission of certificate to Registrar General. Filing of certificate and regis- tration of divorce by Registrar General. Period within which registration may be effected. Correction of clerical errors in Registers. Ch. 29. No. 4.] Muslim Marriage and Divorce Registration. 19. A Divorce Officer shall, within seven days of the absolute dissolution or annulment of a Muslim marriage by or before him, transmit to the Registrar General the certificate referred to in the preceding section together with an application for registration by the Divorce Officer accom- panied by the prescribed fee. 20. (1) Upon receipt of any certificate and application for registration of a divorce, the Registrar General, if it appears to him that such are in order, shall file in his office the application and certificate, and shall forthwith register in a book in the prescribed form to be kept in his office for such purpose and to be called the ‘‘ Muslim Divorce Register Book ”’ particulars of every certificate of a Muslim divorce which shall be filed in his office, and every entry so made shall be dated on the day on which it is so entered and shall be signed by the Registrar General and such book shall be kept in such manner as is best suited for easy reference thereto. (2) Upon such registration as aforesaid, the Registrar General shall transmit to the Divorce Officer notification of the fact and date of registration of the divorce, and the Divorce Officer shall thereupon enter such particulars in the space provided for the purpose in the counterfoil of the Muslim Divorce Certificate Book. 21. Registration under this Ordinance of any Muslim divorce shall not be effected later than one month from the date on which the absolute dissolution or annulment of the mattiage was effected by or before the Divorce Officer. PART IV MISCELLANEOUS. 22. The Registrar General may correct any clerical error in any certificate of marriage or certificate of divorce filed in his office and in the Muslim Marriage or Muslim Divorce Register Books and shall authenticate every such correction by his signature and the date of such correction. Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. 61 23. (1) Upon payment of the prescribed fees, the Regis- trar General shall at all reasonable times allow searches to be made in the Muslim Marriage or Muslim Divorce Register Books and shall give certified copies therefrom. (2) Any copy certified under the hand of the Registrar General to be a correct copy of any entry in the Muslim Marriage or Muslim Divorce Register Books shall be admis- sible as evidence of the registration of the marriage or the divorce to which it relates in all courts or before any person now or hereafter having by law or consent of parties authority to hear, receive, and examine evidence. 24. All prescribed applications, certificates and entries in register books shall be in the English language. A Marriage Officer or a Divorce Officer, who is unable to write, but able to read, the English language may cause the particulars required in the certificates and entries in the Register Books to be written in the English language in his presence by another person, but such Officer must neverthe- less sign the certificates and entries in the Register Books, 25. Every person who shall knowingly and wilfully make any false oath, affidavit or declaration, or sign any false application, notice or certificate required by this Ordinance, for the purpose of the registration of any marriage or divorce, and every person who shall wilfully make, or cause to be made, for the purpose of being inserted in any register of marriages or divorces, any false statement touching any of the particulars required to be known and registered, shall on being convicted thereof be subject to the same pains and penalties as if he were guilty of perjury. 26. Every person who shall knowingly and wilfully forge or alter or falsely make, or procure to be forged or altered or falsely made, or shall offer, utter or dispose of, knowing the same to have been forged or altered or falsely made, any Tegister book or any notice, licence, certificate, entry or statement mentioned in this Ordinance, or any certified copy thereof respectively, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any Searches in Registers and copies of entries. Use of English language. False oath or statement. Forging or altering register book, notice, etc. 62 Destroying or injuring register book, etc. Limitation. Dispo. fees, Regulations. Schedule. Ch. 29. No.4.) Muslim Marriage and Divorce Registration. false entry of marriage or divorce, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof, or shall forge or counterfeit the seal of the Registrar General, shall be guilty of felony and liable to imprisonment for seven years. 27. Every person who shall unlawfully and maliciously destroy or injure, or cause to be destroyed or injured, any register book or any notice, licence, certificate, entry or statement mentioned in this Ordinance, or any certified copy thereof respectively, shall be guilty of felony, and liable to imprisonment for three years. 28. No prosecution under this Ordinance shall be com- menced after the expiration of three years from the com- mission of the offence nor without the written consent of the Atorney General. 29. All fees received by the Registrar General or District Registrars under this Ordinance shall be paid into the Treasury for the use of the Colony. 30. The Governor in Council may make such regulations as may be necessary for the proper carrying out of the provisions of this Ordinance and more especially may prescribe— (a) the place or places at which shall be situate the offices of the several District Registrars ; (b) the form of any certificate, register or other document required for the purpose of this Ordinance; (c) the conditions under which registers or other documents may be inspected ; (d) the fees to be paid in respect of anything required or permitted to be done under the provisions of this Ordinance, and provision for their remission on account of the poverty of the parties or for other good reason: Provided that, until varied or revoked by any such 63 Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. regulations, the regulations contained in the Schedule hereto shall be in force. 31. Sections 13, 14 and 16 to 23 inclusive of the Immi- gration (Indian) Ordinance, shall as from the Ist of July, 1936, no longer apply to an immigrant, as defined in section 12 of that Ordinance, who belongs to the Muslim faith or religion, and to that extent the said sections are hereby modified: Provided that such modification shall not in any manner affect the validity of any record or entry lawfully made in any register or of any act or thing lawfully made in any register or of any act or thing lawfully done under and by virtue of the provisions of the said sections. SCHEDULE. Part I.—General. 1. These regulations may be cited as the Muslim Marriage and Divorce Regulations, 2. The fees set forth in Part II of this Schedule shall be payable in Tespect of the matters therein specified. 3. The forms set forth in Part IIT of this Schedule shall be the forms to be used in respect of the matters therein specified. Part II.—Fees. $ Marriage registration fee 60 (Payable to District Registrar by Marriage Officer on trans- mitting certificate of marriage.) On issue of certificate of registration of marriage .60 Divorce registration fee 1.20 (Payable to Registrar General by the Divorce Officer trans- mitting certificate of divorce.) For every search in any register book 24 For every certified copy of any entry wee we we -- 48 Sections 13, 14 and 16 to 23 of Immigration (Indian) Ordinance not to apply to Muslims. (Section 30.*. 64 Ch. 29. No. 4.] Muslim Marriage and Divorce Registration. Part JII.—Forms. CoLony oF TRINIDAD AND TOBAGO. THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE. Declaration required by section 13 (2). Husband’s name Wife's name Names and dates of Date and place and age at and age at births of children Be. date of marriage. date of marriage. and deaths, if any. I, of and I his wife respectively do solemnly and sincerely declare as follows: 1. The details of the marriage set out above are true and such marriage was in accordance with the Islamic law relating to marriage. That at the date of such marriage we were domiciled in the Colony. 3. That such marriage is still subsisting according to the Islamic law at the date hereunder written. Declared at this day of ,19 Before me, District Registrar of Muslim Marriages. l, of a Muslim Marriage Officer appointed under the Muslim Marriage and Divorce Registration Ordinance do hereby certily as follows:— 1, That the parties to the marriage specified above are desirious of registering such marriage under the said Ordinance. 2. That I have enquired into the circumstances of such marriage and to the best of my knowledge, information and belief the details specified above are true and that such marriage was in accordance with the Islamic law and is still subsisting between the said parties at the date hereunder written. Dated this day of ,19 Marriage Officer. Witness District Registrar of Muslim Marriages. Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. ‘ounterfoil. Marriage District Date of Marriage Place of Marriage Husband's Name and age Wife’ Name and age names— Certilicate forwarded to District Registrar at on day of 19 Signature of Marriage Officer. > We *Registered this day of ,19 *Date of Registration of Marriage by Registrar General to be filled in subsequently by Marriage Officer and signed by him. T.—IVv. 65 No. (Section 12 (1).) COLONY OF TRINIDAD AND ToBaGo. THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE. Muslim Marriage Certificate Book. i 8 3| So 3 | 5 8 3 3S ; » | 0 ao Se(28) 6s. e(see |so8 |4 Ga lBa on8 n Sau Seok (ue ut |SE| sz woe | Zoo | SS0 | as EG |S5| 255 [28 [323 | 323 [8 s|3o| S40 (Sa | oc os pa = BE] 98a E)/E&=}2 | e°? a 3s [a = ga a |e so | 52 a] 99°¢ | 8 o& | 5 Q S aA a a | | i i | Signature of parties to the Marriage (1) (2) Signature of Witnesses I of a Muslim Marriage Officer, certify that a Marriage between the above-mentioned parties in accordance with the Islamic Law of Marriage and the provisions of the Muslim Marriage and Divorce Registration Ordinance, was entered into before me this dav of ,19 Signature of Marriage Officer. Signature of District Registrar for the Marriase District of District Registrar of Muslim Marriages. Date 66 Ch. 29. No. 4.) Muslim Marriage and Divorce Registration. Se ction COLONY OF TRINIDAD AND TOBAGO. 14 (1). (),) THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE. Muslim Marriage Register Book. Registered No. Marriage District. o . 4 : u a = oO. Qo v vo : vo - 8] 29 | 2& © 1 Seg /s.8] ¢ : | 2 , Go o ae aa — seg Dag Siu | Coe Be oe 9 o mh ace BUoO oe ut i) a8 a+ aa ak oO oe kh =a ouyv oFU E ya a's ry a a8 0 = a0 a8 Be 2m by Ss 42 sO =}. oc os O o cs S aa Euw2Z |e? A A ZA 3 me 33 & BOS 3 #5 “ ms z a & | OF e[“~ “la ® a I ! Registered this day of 19 Registrar General of Muslim Marriages and Divorces. N.B.-- In the case of a prior marriage the details to be entered shall be those as shown by the declaration and certificate. OF TRINIDAD AND TOBAGO. (Section 14 (2).) THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE. Certificate of Registration of Marriage. Date This is to certify that a marriage ented into before* Marriage Officer on the day of 19, at lLetween of and of was duly registered in accordance with the provisions of the Muslim Marriage and Divorce Registration Ordinance on the day of 19 Registrar General of Muslim Marriages and Divorces. * Omit the name of the Marriage Officer, in the case of a prior marriage. Muslim Marriage and Divorce Registration. (Ch. 29. No. 4. 67 No. No. (Section 18.) COLONY OF TRINIDAD AND “OBAGO, THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE, Muslim Divorce Certificate Book. Counterfoil. ® Qo an” 2s = 38 Ze E a G Date and place of Marriage Husband’s name and age. Occupation of husband and address. Name of father of husband and address. Name of father of wife and address. Date of Marriage Place of Marriage Husband’s name and age Wife’s name and age Date of Dissolution of Marriage Witnesses’ names— (1) (2) Signature of Divorce Officer. Signature of party applying for Divorce. Signature of Witnesses (1 (2) I of certify that a marriage sub- “Registered this sisting between the above mentioned parties both day of ,19 of whom are of the Muslim Faith or Religion has this day been absolutely dissolved in accordance with the Islamic law relating to the dissolution of Muslim Marriages. *Date of registration of Di- vorce by Registrar General to Le filled in subsequently by Divorce Officer. Dated this day of ,19 Signature of Divorce Officer. Signature of Witnesses., (2) 5 (2) 68 Ch. 29. No. 4.] Muslim Marriage and Divorce Registration. (Section 20 (1).) COLony TRINIDAD AND Topaco. THE MUSLIM MARRIAGE AND DIVORCE REGISTRATION ORDINANCE, Muslim Divorce Register Book. Registercs | ° 1 Date and | Husband's ; Occupation | Wife’s | | Name of father Name of father place of | name and + of husband | name and | of husband of wife Marriage. age. and address. © age. ‘and address. and acdkire.s°. i ! \ Name of party applying for divorce Name of Divorce Officer certifying dissolution of the Marriage and date of dissolution Registered this day of 19 Registrar General of Muslint Marriages and Divorces, Hindu Marriage. [Ch. 29. No. 5. 69 CHAPTER 29. No. 5. HINDU MARRIAGE. AX ORDINANCE TO MAKE PROVISION FOR THE SOLEMNIZATION Ordinances AND REGISTRATION OF Hinpu MARRIAGES. No. hoay, [13th May, 1946.] Commence- ment. 1. This Ordinance may be cited as the Hindu Marriage Short title. Ordinance. 2. In this Ordinance— Definitions. district means a Hindu marriage district con- stituted under section 3; “District Registrar ’’ means a Registrar of Hindu marriages appointed for a district under the provisions of section 4; , ‘‘ Marriage Officer ’’ means a person licensed as such under the provisions of section 5; “ Registrar ’ means the Registrar of Hindu Marriages appointed for the Colony under the provisions of section 4. _ 3. The Governor may by proclamation divide the Colony Hindu into Hindu marniage districts for the purposes of this 3238, Ordinance and may from time to time by like proclamation alter such districts either by change of boundaries or by union or sub-division of districts or by the formation of new districts. * See GN. 100-1946 for Hindu marr age districts, 70 Appoint- ment of Registrar and of District Registrars. Hindu Marriage Officers. Ord.23~1947. Form A, Marriage Officers may act in any part of the Colony. Applications for licences as Marriage Officers. Ch. 29. No. 5.] Hindu Marriage. 4. The Governor may appoint a Registrar of Hindu marriages for the Colony and a District Registrar of Hindu marriages for each district. The Registrar and District Registrars shall hold office during the Governor’s pleasure. 5. (1) It shall be lawful for the Governor, or any person duly authorised by him, to grant licences to such persons, being priests of the Hindu religion, as the Governor or such authorised person may, in his discretion, think fit, to be Marriage Officers, and, without assigning any reason for so doing, to cancel any such licence. (2) A licence under this section shall be in form A of Part III of the Schedule hereto. (3) The grant or cancellation of any such licence shall be notified in the Royal.Gazette and shall take effect from the date of such publication. (4) Whenever a licence has been cancelled, the holder thereof shall return it to the Colonial Secretary forthwith after notice of such cancellation has been forwarded to him by letter signed by or on behalf of the Colonial Secretary and addressed at his usual or last known place of abode or business. If he fails to do so, he shall be liable on summary conviction to a fine of fifty dollars. 6. It shall be lawful for any Marriage Officer to act as such in any district. 7. (1) Any Hindu priest who desires to be licensed as a Marriage Officer shall make application in writing to the Colonial Secretary. Such application shall state the dwelling place of the applicant and the name of the Hindu sect to which he belongs, and shall be accompanied by a certificate to the effect that the applicant is a fit and proper person to be licensed as a Marriage Officer from the President and Secretary of one of the following organisa- tions: The Hindu Sanatam Dharam Association of Trinidad, the Sanatan Dharma Board of Control, the Kabir Panthi Association of Trinidad, the Arya Pratinidhi Sabha of Trinidad and any other Hindu organisation Hindu Marriage. (Ch. 29. No. 5. 71 which may be recognised by the Governor as hereafter provided. (2) If an application is received from any organisation for recognition as provided in the preceding subsection, notice of such application shall be advertised in the Royal Gazette and any one who wishes to object to such recognition shall do so in writing to the Colonial Secretary within onc month ef the publication of such notice. (3) If the Governor shall thereafter accord recognition to any such organisation, notice of such recognition shall be published in the Royal Gazette. 8. Every District Registrar shall keep affixed in a conspicuous place in his office a list containing the names and addresses of all Marriage Officers licensed under this Ordinance. 9. The requisites of a valid Hindu marriage under this Ordinance are— (a) that each of the parties shall belong to and profess the Hindu faith or religion; (6) that both parties shall, as regards age, mental capacity and otherwise, be capable of contracting marriage; (c) that the parties shall not be within the pro- hibited degrees of consanguinity and affinity according to the Hindu law relating to marriage; (d) that the marriage shall be solemnized by a Marriage Officer in accordance with the rites of the Hindu religion and with the provisions of this Ordinance; (e) that the parties understanding the nature of the contract, shall freely consent to marry one another in the presence of the Marriage Officer who solemnizes the marriage and shall sign or mark the certificate drawn up by the said officer in accordance with the provisions of section 13; (f) that the marriage shall be registered in accordance with the provisions of this Ordinance. District Registrars to keep list of Marriage Officers. Requisites of valid marriage. 72 Marriage by Marriage Officer, Age limit and consent of parents, Ch. 29. No. 5.] Hindu Marriage. 10. It shall be lawful for any Marriage Officer without previous notice of the intended marriage being given and without any other formality required by the Marriage Ordinance to solemnize a marriage between persons belonging to and professing the Hindu faith or religion; and such marriage shall, subject to the provisions of this Ordinance, be as valid as if it had been solemnized in conformity with the provisions of the said Marriage Ordinance. 11. (1) The age at which a person, being a member of the Hindu faith or religion, is capable of contracting marriage shall be eighteen vears in the case of males and fourteen years in the case of females. (2) Without prejudice to the provisions of the preceding subsection, a marriage shall not be solemnized by a Marriage Officer if the intended husband (not being a widower) is under twenty-one years of age or the intended wife (not being a widow) is under sixteen years of age unless the consent to the marriage of the party who is under age by virtue of the provisions of this subsection has been given in accordance with the following provisions of this section, and such consent is hereby required for the marriage of such party-under age. (3) The required consent may be given by the father of the party under age, and if the father be dead by the guardian or guardians appointed or one of them, and in case there be no such guardian then by the mother of such party so under age, and if the mother be dead then by such other person as may be appointed for the purpose by the Governor. (4) In case the father, mother, or a guardian whose consent to a marriage is required under the provisions of the last preceding subsection is absent from the Colony or is unable or refuses to give such consent or is not of sound mind, it shall be lawful for the party in whose case consent is required to apply to the Governor to appoint a person, being a member of the Hindu community, to investigate the circumstances of the intended marriage and if after such investigation it shall appear to the person so appointed that there are no reasonable objections to such Hindu Marriage. [Ch. 29. No. 5. intended marriage such person shall so formally declare in writing and such declaration shall, for the purposes of this Ordinance, be deemed equivalent to such consent as aforesaid. (5) A consent shall, when not given in the presence of a Marriage Officer, be signified in writing under the hand of the person giving such consent and the Marriage Officer by whom the marriage is solemnized shall record on the certificate drawn up by him in accordance with the provisions of section 13 the fact that the required consent has been given, the name of the person by whom such consent has been given and whether such consent has been given in his presence or in writing. 12. If any person shall intermarry otherwise than in accordance with the provisions of this Ordinance, or if the parties to any marriage are within the prohibited degrees of consanguinity or affinity according to the Hindu law rclating to marriage, the marriage of such persons shall not be registered under the provisions of this Ordinance. 13. (1) Immediately after a Hindu marriage has been solemnized by a Marriage Officer, he shall enter in English or Hindi in a book to be supplied by the Registrar and kept by the Marriage Officer for that purpose (hereinafter referred to as the ‘‘ Hindu Marriage Certificate Book ’’) a certificate in form B of Part III of the Schedule hereto of the said marriage. Such certificate shall be signed by the parties to the marriage by two creditable witnesses of the said marriage known to the Marriage Officer, and by the Marriage Officer who shall also enter up in the counterfoil the prescribed particulars and sign the same: Provided that if any of the parties to the marriage cannot sign, he shall affix his mark in the presence of the Marriage Officer and of the two witnesses. (2) Every Marriage Officer shall, within seven days of a Hindu marriage being solemnized by him, transmit to the District Registrar the certificate referred to in the preceding subsection together with the prescribed fee collected by him from the parties to the marriage. (3) Upon receipt of the said certificate, the District 73 Marriages which may not be registered. Marriage certificate. Form B. 74 Ch. 29. No. 5.} Hindu Marriage. Registrar, if it appears to him that the requisites of a valid Hindu marriage have been complied with and that the consent of every person required by this Ordinance to consent to such marriage has been obtained, shall counter- sign the certificate so forwarded and transmit same to the Registrar for registration: Provided that in the case of a certificate drawn up in Hindi, the District Registrar shall cause a translation into English to be made and certified by an interpreter attached to a magistrate’s court and shall, in proper cases, countersign the certificate and the translation and transmit same to the Registrar for registration. (+) Whenever it is alleged that a Marriage Officer has duly solemnized a marriage under this Ordinance but has failed to comply with any of the provisions of sub- sections (1) and (2) of this section, any party to such alleged marriage may apply by summons to a Judge in Chambers for an order directing the Registrar to register such maflriage. Such summons shall be served upon the Registrar, upon the other party to the alleged marriage (when not an applicant) and upon the Marriage Officer (if alive and in the Colony). Upon the hearing of such summons the Judge may summon such person as is likely in his opinion to give material evidence in the matter and shall hear and determine the matter in a summary manner. If the Judge is satisfied from the evidence that the alleged marriage was duly solemnized, that the requisites of a valid Hindu marriage have been complied with, and that the consent of every person required by this Ordinance has been obtained, he shall make the order prayed for and award such costs as he may deem fit. Any such order shall set out the essential particulars contained in form B of Part III of the Schedule hereto (including the names of the witnesses) and any other matter which the Judge may deem necessary to give effect to the provisions of subsections (1) and (2) of this section, and such order shall be dealt with by the Registrar as if it were a certificate transmitted to him for registration by a District Registrar in accordance with the provisions of the last preceding subsection. Hindu Marriage. [Ch. 29. No. 5. (5) Every Marriage Officer who— (a) fails to comply with the provisions of sub- section (1) of this section, or (b) without reasonable cause or excuse, ‘shall fail to transmit to the District Registrar any certificate in accordance with the provisions of this section together with the prescribed fees, or (c) solemnizes a Hindu marriage without proof that the persons whose consent is required by this Ordinance have given such consent, shall be Hable on summary conviction to a fine of fifty dollars. 14. (1) Notwithstanding anything to the contrary in sections 9 and 12, any Hindu marriage, which was entered into prior to the commencement of this Ordinance between Hindus domiciled in the Colony at the date of such marriage and which marriage is still subsisting and is valid according to the Hindu law relating to marriage, may be registered under this Ordinance in accordance with the provisions hereinafter contained. (2) The parties to such prior marriage shall attend before a Marriage Officer and shall make and sign a declaration in form C of Part III of the Schedule hereto. Such declaration shall be signed in the presence of the Marriage Officer by two creditable witnesses, known to the Marriage Officer who shall identify the parties: Pro- vided that if any of the parties to such prior marriage cannot sign his name he shall affix his mark in the presence of the two witnesses. (3) The Marriage Officer shall then, in proper cases, immediately fill in, date and sign the certificate on the said form C and shall transmit it to the District Registrar within seven days with the prescribed fee collected by him from the parties. (4) The fees prescribed for the registration of a certificate of marriage shall apply in respect of the registration of the declaration of a former marriage. (5) If such District Registrar is satisfied that the 75 Registration of marriaves entered into prior to com- Mmencement of Ordinance. Form C Filing of certificate and registra- tion of marriage by Registrar. Form TD), Firm FE. Legitimacy of children. Ch. 29. No. 5.] Hindu Marriage. requisites Gi a valid Hindu marriage were complied with at the date it was contracted and that such prior marriage is still subsisting he shall transmit the declaration to the Registrar for registration. 15. (1) The Registrar shall file in his office all certificate. and declarations of Hindu marriages (including translations thereof) which shall be transmitted to him in accordance with the provisions of this Ordinance and shall forthwith register in a book in form D of Part III of the Schedule hereto to be kept in his office for that purpose (hereinafter referred to as the “‘ Hindu Marriage Register Book ’’) the particulars of every such certificate and declaration, and every entry shall be dated on the day on which it is so made and shall be signed by the Registrar. Such book shall be kept in such manner as is best suited for easy reference thereto. (2) Upon such registration by the Registrar and upon payment of the prescribed fee, the Registrar shall issue and transmit to the partics to the marriage a certificate of registration of the marriage in form E of Part III of the Schedule hereto. In the case of a marriage solemnized after the commencement of this Ordinance the Registrar shall send a notification of the fact and date of registration to the Marnage Officer by whom the marriage was solemnized, and such officer shall thereupon enter such particulars in the space provided for the purpose on the counterfoil of the ‘‘ Hindu Marriage Certificate Book.”’ 16. The children of any Hindu marriage registered in accordance with the provisions of this Ordinance shall be legitimate, and in the case of the children of a prior marriage registered by virtue of sections 14 and 15 the date of such legitimation shall be the date of registration of such prior marriage under the provisions of this Ordinance: Provided that such legitimation in respect of each child of such prior martiage shall have effect as from the date of the birth of each such child: Provided also that the provisions of this section shall not operate to alter the status of any child deemed legitimate by virtue of any other law. Hindu Marriage. [Ch. 29. No. 5. 77 17. The Legitimation Ordinance, save and except sections pplication 3 and 10 thereof, shall apply, mutatis mutandis to persons 0 Lesitima- legitimated by reason of registration of marriage under the Ordinance. provisions of this Ordinance. 18. The Registrar may correct any clerical error in any Correction of certificate or declaration of Hindu marriage filed in his (°c office ani] in the Hindu Marriage Register Books and shall authenticate every such correction by his signature and the date of such correction. 19. (1) Upon payment of the prescribed fees, the searches in Registrar shall at all reasonable times allow searches to be ne made in the Hindu Marriage Register Books and shall entries. give certified copies therefrom. (2) Any copy certified under the hand of the Registrar to be a correct copy of any entry in the Hindu Marriage Register Books shall be admissible as evidence of the registration of the marriage to which it relates in all courts or before any person now or hereafter having by law or consent of parties authority to hear, receive and ‘xamune evidence. 20. Any person who shall knowingly and wilfully make False any false declaration, or sign or mark any false application, declaration, notice or certificate, required by this Ordinance for the ~~ purpose of the registration of any marriage, and every person who shall wilfully make, or cause to be made, for the purpose of being inserted in any register of marriages any false statement touching any of the particulars required by this Ordinance to be known and registered, shall on being convicted thereof be subject to the same pains and penalties as if he were guilty of perjury. 21. Every person who shall knowingly and wilfully forge Forging or or alter or falsely make, or shall offer, utter or dispose of, altering knowing the same to have been forged or altered or falsely ronal bools made, any register book or any licence, certificate, declara- tion, entry or other statement mentioned in this Ordinance, or any certified copy or translation thereof respectively, or 78 Destroving or injuring register book, Otfences by unlicensed Marriage Officer Prosecution of offences, Disposal of Tees, Regulations. Ch. 29. No. 5.] Hindu Marriage. shall wilfully insert in any such register book or certified copy thereof any false entry of marmage, or shall certify any writing to be a copy, a translation or an extract of any certificate or register book, mentioned in this Ordinance, knowing the same to be false in any part thereof, or shall forge or counterfeit the seal of the Registrar General, shall be guilty of felony and lable on indictment to imprison- ment for seven vears. 22. Any person who shall unlawfully and maliciously destroy or injure, or cause to be destroyed or injured, any register book or any licence, certificate, declaration, entry or statement mentioned in this Ordinance, or any certified copy or translation thereof respectively, shall be guilty of felony, and liable on indictment to imprisonment for five years. 23. Anv person who without being duly licensed as a Marriage Officer— (a) knowingly or wilfully solemnizes any marriage purporting to be a marriage under the provisions of this Ordinance; or (b) knowingly and wilfully makes or signs any certifi- cate or signs any declaration required by this Ordinance to be made or signed by a Marriage Officer, shall be guilty of felony and liable on indictment to imprisonment for three years. 24. No prosecution for any felony under this Ordinance shall be commenced after the >-xpiration of three years from the commission of the offence nor without the written consent of the Attorney General. 25. All fees received by the Registrar General under this Ordinance shall be paid into the Treasury for the use of the Colony. 26. The Governor in Council may make such regulations as may be necessary for the proper carrying out of the Hindu Marnage. [Ch. 29. No. 5. provisions of this Ordinance and more ccpecially may prescribe (a) the place or places at which shall be situate the offices of the several District Registrars; (b) the form of any certificate, declaration, register or other document required for the purposes of this Ordinance ; (c) the conditions under which registers or other documents may be inspected, (d@) the fees to be paid in respect of anything required or permitted to be done under the provisions of this Ordinance, and provision for their remission on account of the poverty of the parties or for other good reason: Provided that, until varied or revoked by any such regulations, the regulations contained in the Schedule hereto shall be in force. 27. Sections 13, 14 and 16 to 23 inclusive of the Immigra- tion (Indian) Ordinance, shall as from the commencement of this Ordinance, no longer apply to an immigrant (as defined in section 12 of that Ordinance) who belongs to the Hindu faith or religion, and to that extent the said sections are hereby modified: Provided that such modification shall not in any manner affect the validity of any record or entry lawfully made in any register or of any act or thing lawfully done under and by virtue of the provisions of the said sections. 28. Nothing in this Ordinance contained shall be con- strued to prevent or disable any Hindu from contracting a civil marriage before the Registrar according to the provisions of the Marriage Ordinance. {SCHEDULE. 79 Schedule, Sections 13, 14 and 16 to 23 of Ch. 20. No. 1, not to apply to Hindus. Civil marriage permissible. 80 (Section 26.) (Section 5.) Ch. 29. No. 5.] Hindu Marriage. SCHEDULE. Part [.—General. 1. The. Regulations may be cited as the Hindu Marriage Regulations. 2. The fees set forth in Part II of this Schedule shall be payable in respect of the matters therein specified. 3. The forms set forth in Part ITT of this Schedule shall be the forms to be used in respect of the matters therein specified: Provided that Forms B and C may be in English or Hindi. Part II.—Fees. Marriage registration fec— If marriage certificate drawn up in Hindi 72 cents. If marriage certificate drawn up in English 60 (Payable to District Registrar by Marriage Officer transmitting certificate of marriage.) On issue of certificate of registration of marriage 60 For every search in any register book 24 For every certified copy of any entry 48 Part III.—Forms. TRINIDAD Form A. THE HINDU MARRIAGE ORDINANCE Licence to te a Marriage Officer. A.B., being a priest of the sect of the Hindu Religion residing at is hereby licensed as a Marriage Officer for the purposes of the Hindu Maris ge Ordinance. TRINIDAD AND ToBAGoO. Hindu Marriage. [Ch. 29. No. 5. Form B., THE HINDU MARRIAGE ORDINANCE. No. Hindu Marriage Certificate Book. Counterfoil. Date of marriage Place of marriage Ilusband's name and age Wife’s name and age Witnesses’ names— No. Hindu Marriage Certificate Book. Certificate. Marriage district 9 E S| . I 291 eo eo| sug] 4 ae| 83) oy [83/258 | aod wE| su pus les Sad ed gk 3% age |ua| O83 sEO a a a A E od E| a sODU |e?) of o's o vo od So g uv aslae) 22° |2%| Bea] 5 3 AU] ae} ° A a (t) (2) Consent to marriage was given by in writing/in person* Stgnature of Marriage Officer. Certificate forwarded to District Registrar at on day of 19 Signature of Marriage Officer. t Registered on the day of ,19 Signature of Marriage Officer. *Deletc if not applicable. | Tobeiilledin by Marriage Officer when notified by Registrar. Signature or mark of parties to the marriage (1) (2) Signature of witnesses (1) (2) 1 of , a Hindu Marriage Officer certify that a marriage between the abovementioned parties in accordance with the Hindu Law of Marriage and the Hindu Marriage Ordinance was solemnized by me on the day of , 19 (and that the consent of to the said marriage was given in writing/in person).* Signature of Marriage Officer. Signature of District Regtstrar for Marriage District of District Registrar. Date *Delete if not applicable. T.—IV. 82 (Section 14.) Ch. 29. No. 5.] Hindu Marriage. TRINIDAD AND TOBAGO. Form C. THE HINDU MARRIAGE ORDINANCE. DECLARATION FOR PURPOSES OF SECTION 14. Names of Date or Husband's Wife's name Names and children who approximate name and and age at | sex of children, | are dead, with date and place age at date date of with date of | date and placc of marriage. of marviage. Marriage. birth. of death. I of , and I, his wife respectively do solemnly and sincerely declare as follows :— 1. The details of the marriage set out above are true and such marriage was in accordance with the Hindu Law relating to marriage. 2. That at the date of such marriage we were domiciled in the Colony. 3. That such marriage is still subsisting according to the Hindu Law at the date hereunder written. Declared at this Signature or mark of parties: day of ,19 before me (1) (2) Signature of witnesses who identify the parties :— Marriage Officer (1) (2) i, of , a@ Hindu Marriage Officer appointed under the Hindu Marriage Ordinance do hereby certify as follows:— 1. That the parties to the marriage specified above are desirous of registering such marriage under the said Ordinance. 2. That I have enquired into the circumstances of such marriage and to the best of my knowledge, information and belief the details specified above are true and such marriage was in accordance with the Hindu Law and is still subsisting between the said parties at the date hereunder written. Dated this day of ,19 Marriage Officer. Dated this day of 19 and countersigned by District Registrar of Hindu Marriage for Marriage District of Hindu Marriage. (Ch. 29. No. 5. 83 IktnmpaD AND ToBaco. Form D. (Section 15.) THE HINDU MARRIAGE ORDINANCE. Hindu Marriage Register Book. tegistered No. Marriage District. 2 eo uO bh a9 Eu | oy ef | 28 | su = te Vo a. —2 yy . we) o uw he ao Bay 2 aus | agua bp ea & a 3 wn au = n “ n he On ge an Ssu09 5 fo Lg v so as =6 > 7 Year 2 = 38k won ne bio Ss zz a ne on os E 5.2 a es aa . i) =U € op qa OU oa eo2dg vey us Au 30 Ba a sto 2a 3 BO a 3a oo a8 = Es Ew ra ms ao 2 bo oF =y al ao a 7% oO 8 “ Registered this day of 19 Registrar of Hindu Marriages. N.B.—In the case of registration of a marriage in existence prior to the Ordinance the details to be entered shall be those appearing on the declaration and certificate on Form C, fRINIDAD AND TOBAGO. Form E. (Section]15.) THE HINDU MARRIAGE ORDINANCE. Certificate of Registration of Marriage. This is to certify that a marriage solemnized by a Hindu Marriage Officer* entered intof on the day of , 19 , between , of and , was duly registered in accordance with the provisions of the Hindu Marriage Ordinance on the day of 19 Registrar of Hindu Marriages. *To be deleted in the case of registration of a marriage in existence prior to the Ordinance. +To be deleted when marriage solemnized under the Ordinance. 6 (2) 84 Ch. 29. No. 6.] Registers of Births, Deaths and Marriages. CHAPTER 29. No. 6. REGISTERS OF BIRTHS, DEATHS AND MARRIAGES. cranance _ AN ORDINANCE TO PROVIDE FOR THE COPYING OF REGISTERS Lage OF BIRTHS, DEATHS AND MARRIAGES AND TO DECLARE THE LEGAL FORCE AND EFFECT OF SUCH COPIES. Commence- [31st December, 1940.] ment, 1. This Ordinance may be cited as the Registers of Births, Deaths and Marriages Ordinance. Interpre- 2. In this Ordinance— ue ‘““entry ’’ means an entry in a register, or in a copy of a register or part of a register prepared under this Ordinance, relating to any one birth, death or marriage ; “register ’’ does not include any register of marriages for which provision is made in the Muslim Marriage and Divorce Registration Ordinance, or Hindu Marriage Ordinance, or for which provision is, or was, made in any law now or heretofore in force in the Colony relating to immigrants, but, subject thereto, means a register of births, deaths or marriages for which provision is, or was, made in any law now or heretofore in force in the Colony, and includes any such register in the custody of the Registrar General which consists of copies or duplicates of original entries. Powers of 3. It shall be lawful for the Registrar General— Registrar General to (a) to inspect, without payment of fee, any register fe oseese in the custody of any other person in order to ascertain sion of its condition, registers. (b) to take temporary possession of any such register Registers of Births, Deaths and Marriages. [Ch. 29. No. 6. for the purpose of exercising the powers and performing the duties conferred and imposed upon him by this Ordinance. 4. (1) Whenever, in the opinion of the Registrar General, the whole or any part of any register is, or is likely to become, unserviceable by reason of its age or of damage or otherwise, the Registrar General, with the approval of the Governor in Council, may cause a copy of such register or part thereof, as the case may be, to be prepared. (2) If any entry, or part of an entry, in the register is illegible the copy shall be completed, as far as possible, from any corresponding entry in any other register. (3) All copies prepared under this section shall be checked by such persons and in such manner as the Registrar General shall direct. 5. It shall be lawful for the Registrar General, with the permission of the Governor in Council (a) to destroy the whole or any part of any register which, in the opinion of the Registrar General, is unserviceable ; (b) to cause any copy prepared in accordance with the preceding section to be bound as a new register, or to be substituted in an existing register for any part thereof which he is authorised in accordance with this section to destroy. 6. (1) Whenever, in accordance with the provisions of this Ordinance, copies of a register, or of any part thereof, have been prepared checked and bound as a new register, the Registrar General shall endorse in such new register a certificate substantially in form A in the Schedule hereto. (2) Whenever, in accordance with the provisions of this Ordinance copies of any part of a register have been prepared checked and substituted in such register, the Registrar General shall endorse in such register a certificate substantially in form B in the Schedule hereto. (3) The Registrar General shall sign and date every certificate endorsed by him under this section. 85 Preparation fo copies of Tegisters. Powers of Registrar General in relation to registers and copies. Certificates of Registrar General. 86 Effect of Registrar General's cerlificate. Spec ptoevision relating to marriage Tegisters. Ch. 29. No. 6.] Registers of Births, Deaths and Marriages. 7. (1) With effect from the date of any certificate of the Registrar General endorsed in a new register in accordance with the preceding section, such new register shall have the same force and effect for all purposes, including the purposes of this Ordinance, as if it were the register, or part of a register, of which it is a copy, and such register or part of a register, as the case may be, shall cease to have any force or effect. (2) With effect from the date of any certificate of the Registrar General endorsed in an existing register in accord- ance with the preceding section, the entries to which it relates shall have the same force and effect for all purposes, including the purposes of this Ordinance, as if they were the entries for which they have been substituted and the latter entries shall cease to have any force or effect. (3) When a certificate of the Registrar General has been endorsed in accordance with the preceding section it shall be presumed unless the contrary is proved that all the provisions of this Ordinance have been complied with in respect of the new register or the entries to which it relates. ° 8. (1) Ifit shall appear to the Registrar General that any marriage has been duly registered in the register of the officer or person by whom the marriage was solemnized (which officer or person is in this section referred to as “ the Marriage Officer’’) but has not been registered in the corresponding register in the custody of the Registrar General, it shall be lawful for the Registrar General, with _the approval of the Governor in Council, to cause a copy to be prepared of the entry relating to such marriage in the register of the Marriage Officer and to insert such copy in the appropriate register in the custody of the Registrar General. (2) Every such copy shall, before being so inserted, be checked by such person and in such manner as the Registrar General shall direct. (3) The Registrar General shall endorse on every such copy a certificate substantially in form C in the Schedule hereto and shall sign such certificate and shall date such certificate as of the date on which it is inserted in the register. Registers of Births, Deaths and Marriages. (Ch. 29. No. 6. (4) Every such copy, on being inserted in the Registrar General’s register and certified in the manner provided in this section, shall be of the same force and effect for all purposes, including the purposes of this Ordinance, as if it were an entry in such register made in accordance with the provisions of law (other than this Ordinance) which are, or were, applicable to the registration of the marriage. 9. All expenses incurred in giving effect to the provisions of this Ordinance shall be defrayed out of the public revenues of the Colony. ; THE SCHEDULE. Form A. I hereby certify that this register has been prepared in accordance with the provisions of the Registers of Births, Deaths and Marriages Ordinance. Dated Registrar General. Torm B. I hereby certify that the following entries, namely, , have been substituted in this register in accordance with the provisions of the Registers of Births, Deaths and Marriages Ordinance. Dated Registrar General. Form C. I hereby certify that this entry has been inserted in accordance with the provisions of section 8 of the Registers of Births, Deaths and Marriages Ordinance. Dated : Regisirar General. 87 Incidence of expense of carrying out the Ordinance. 88 Ch. 29. No. 7.] Adoption of Children. CHAPTER 29. No. 7. ADOPTION OF CHILDREN. rdinanees | AN ORDINANCE TO MAKE PROVISION FOR THE ADOPTION NO. Fi 2. 15-1948, OF CHILDREN. Commence- [13th June, 1947.] ment, Short title. 1. This Ordinance may be cited as the Adoption of Children Ordinance. Interpre- tation. 2. In this Ordinance— adopter ’’’ means a person who is proposing to adopt, or who has adopted a child, whether in pur- suance of an adoption order or otherwise; adoption order ’’ means an adoption order for the purposes of this Ordinance and includes an interim order made under section 13; child ’’ means a person under the age of twenty-one years who has never been married, Court means any court having jurisdiction to make adoption orders under this Ordinance; guardian in relation to a child means a person appointed by deed or will in accordance with the provisions of the Infants Ordinance, or by a court of competent jurisdiction, to be his guardian; “relative ’’’ means a grandparent, brother, sister, uncle or aunt, whether by consanguinity or affinity, and in the case of an illegitimate child, a person who would be so related if the child were legitimate. Establish: 3. (1) For the purposes of this Ordinance a Board to be Adoption called the Adoption Board (in this Ordinance hereinafter Oat. Adoption of Children. [Ch.29. No. 7. referred to as the Board) shall be constituted which shall consist of a Chairman and not more than five persons to be appointed by the Governor. (2) At any meeting of the Board from which the Chairman is absent the members present shall appoint one of their number to officiate as Chairman of that meeting. (3) The quorum of the Board shall be three. (4) The Governor may appoint any person to act in the place of any member of the Board in case of the absence or inability to act of such member. (5) The Board shall have power to regulate its pro- cedure. (6) The Board may appoint a fit and proper person to be Secretary to the Board and may determine the duties to be performed by such Secretary. (7) The Board may appear and be represented at any stage of the proceedings in a court by the Secretary or by any person generally or specially authorised by the Board. 4. (1) It shall not be lawful for any person other than the Board to make any arrangements for the adoption of a child. (2) If any person takes part in arranging an adoption or in the management or control of a body of persons other than the Board which exists wholly or in part for the purpose of making arrangements for the adoption of children, he shall, on summary conviction, be liable to imprisonment for a term not exceeding six months, or to a fine not exceed- ing one thousand dollars, or to both such impnsonment and such fine. (3) For the purposes of this Ordinance, a person shall be deemed to make arrangements for the adoption of a child if he, not being the parent or guardian of the child, enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, in pursuance of an adoption order or otherwise, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another so to do. 89 Ord.15-1948. Restriction on making arrange- ments for the adoption of children. 90 Nuties of Board. Provisions relating to arrange- ments made by Board. Ch. 29. No. 7.] Adoption of Children. 5. It shall be the duty of the Board— (a) to receive applications from parents, guardians and adopters in respect of the adoption of children; (b) to make such investigations concerning the adoption of children for the consideration of the Court as may be prescribed under section 9; (c) to act as guardian ad /item of any child in respect of whom an adoption order is sought. 6. (1) Where arrangements are made by the Board for the adoption of a child, an application to the Court for an adoption order in respect of the child shall not be made by the adopter until the expiration of a period of six months from the date upon which the child is delivered into the care and possession of the adopter pursuant to the arrangements and at any time during that period (a) the adopter may give notice in writing to the Board of his intention not to adopt the child; or (b) the Board may cause notice in writing to be given to the adopter of its intention not to allow the child to remain in the care and possession of the adopter, and where a notice is so given, the adopter shall, within seven days of the date on which the notice was given, cause the child to be returned to the Board, and the Board shall receive the child accordingly (2) The Board shall appoint one or more persons whose duty shall be to keep the child under close supervision during the said period of six months in accordance with regulations made under this Ordinance. (3) If, at the expiration of the said period of six months, no notice has been given as aforesaid, the adopter shall within three months from the date upon which that period so expired apply to the Court for an adoption order in respect of the child or shall give notice in writing to the Board of his intention not to apply for such an order, and, where notice is so given or where an application for an adoption order in respect of the child is refused by the Court, the adopter shall, within seven days of the date on which the notice was given or of the date upon which the application is so refused, as the case may be, cause the Adoption of Children. |Ch. 29. No. 7. child to be returned to the Board, and the Board shall receive the child accordingly. (4) Any person who contravenes the provisions of this section shall be liable, on summary conviction, to imprison- ment for a term of six months, or to a fine of two hundred and fifty dollars or to both such imprisonment and such fine, and the court by which the offender is convicted may order any child in respect of whom the offence is committed to besreturned to his parents or guardian or to the Board, 7. Where any person has made representations to the Board with a view to the adoption of a child, and the Board is of the opinion that the adoption of the child by such person would not be in the best interests of the child, the Board shall notify) such person accordingly, and such person may appeal trom the decision of the Board to a Judge of the Supreme Court in a summary way 8. Where the child in respect of whom an adoption order is sought is an inmate of a certified school as defined by section 29 of the Children Ordinance, the managers of the school may, with the consent of the Governor, and notwith- standing anything contained in section 56 or section 57 of the said Ordinance, sanction the unconditional release of the child from the school for the purposes of the adoption, 9. (1) The Governor in Council may make regulations——- (a) for regulating the conduct of negotiations entered into by or on behalf of the Board with persons having the care and possession of children who are desirous of causing children to be adopted, and in particular for securing (i) that, where the parent or guardian of a child proposes to place the child at the disposition of the Board with a view to the child being adopted, he shall be furnished with a memorandum in the prescribed form explaining in ordinary language the effect, in relation to his rights as a parent or guardian, of the making of an adoption order in respect of the child, and calling attention to the provisions of this Ordinance and of any OT \ppeats by persons desirous of adopting children, Regulations, 92 Ch. 29. No. 7.] Adoption of Children. rules made hereunder relating to the consent of a parent or guardian to the making of such an order, and (ui) that, before so placing the child at the dispositicn of the Board, the parent or guardian shall sign a document in the prescribed form verifying that he has read or had read and under- stood the said memorandum; (6) for requiring that the case of every child proposed to be delivered by or on behalf of the Board into the care and possession of an adopter shall be considered by a committee (to be called a “ case committee ’’) comprised of not less than three members of the Board; (c) for prescribing, in the case of every such child as aforesaid, the inquiries which must be made and the reports which must be obtained by the Board in relation to the child and the adopter for the purpose of ensuring, so far as may be, the suitability of the child and the adopter respectively, and, in particular, for requiring that a report on the health of the child and prospective adopter signed by a duly qualified medical practitioner must be obtained by the Board, (d) for securing that no such child shall be delivered into the care and possession of an adopter by or on behalf of the Board until the adopter has been inter- viewed by the case committee or by some person on their behalf, until a representative of the committec has inspected any premises in the Colony in which the adopter intends that the child should reside perman- ently, and until the committee have considered the prescribed reports; (ec) for making provision for the care and supervision of children who have been placed by their parents or guardians at the disposition of the Board; (f) generally for carrying out the purposes of this Ordinance. (2) Any person who contravenes or fails to comply with any of the provisions of a regulation made under this section shall be liable, on summary conviction, to a fine of one hundred and twenty-five dollars and, in the case of a Adoption of Children. [Ch.29. No. 7. second or subsequent conviction, to a fine of two hundred and fifty dollars. 10. (1) Upon an application in the prescribed manner by any person desirous of being authorised to adopt a child, the Court may, subject to the provisions of this Ordinance, make an adoption order authorising the applicant to adopt that child. (2) Where an application for an adoption order is made by two spouses jointly, the Court may make the order authorising the two spouses jointly to adopt, but save as aforesaid no adoption order shall be made authorising more than one person to adopt a child. 11. (1) An adoption order shall not be made in ary case where— (a) the applicant is under the age of twenty-five years, Or (0) the applicant is less than twenty-one years older than the child in respect of whom the application is made: Provided that it shall be lawful for the court, if it thinks fit, to make an order. (i) notwithstanding that the applicant is less than twenty-five years of age, if the applicant is the mother of the child; or (11) notwithstanding that the applicant is less than twenty-one years older than the child, if the applicant and the child are within the prohibited degrees of consanguinity, or if the application is made by or on behalf of two spouses jointly and the wife is the mother of the child or the husband is the putative father of the child. (2) An adoption order shall not be made in any case where the sole applicant is a male unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order. (3) An adoption order shall not be made except with the consent of every person or body who is a parent or guardian of the child in respect of whom the application is made or who has the actual custody of the child or who is. 93. Power to make adop- tion orders. Restrictions on making adoption orders. 04 Matters with respect to which Court to be satisfied, Ch. 29. No. 7.] Adoption of Children. liable to contribute to the support of the child: Provideci that the Court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with has abandoned or deserted the child or cannot be found or is incapable of giving such consent or, being a person liable to contribute to the support of the child, either has persistently neglected or refused to contri- bute to such support or is a person whose consent ought, in the opinion of the Court and in all the circumstances of the case to be dispensed with. (4) An adoption order shall not be made upon the application of one of two spouses without the consent of the other of them: Provided that the Court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving such consent or that the spouses have separated and are living apart and that the separation is likely to be permanent. (5) An adoption order shall not be made in favour of ny applicant who is not resident and domiciled in the Colony nor in respect of any child who is not a British subject and so resident. 12. The Court before making an adoption order shall be satisfied (a) that every person whose consent is necessary under this Ordinance and whose consent is not dispensed with has consented to and understands the nature and effect of the adoption order for which application is made, and in particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights, (b) that the order if made will be for the welfare of the infant, due consideration being for this purpose given to the religious denomination of the parties and to the wishes of the child, having regard to the age and understanding of the child, (c) that the applicant has not received or agreed to receive, and that no person has made or given, or agreed to make or give to the applicant, any payment Adoption of Children. [Ch.29. No.7. or other reward in consideration of the adoption except such as the Court may sanction. 13. (1) If on application for an adoption order the Court is of the opinion that a further probationary period is desirable it shall have power to make an interim order not ‘xceeding two years. (2) All such consents as are required for an adoption order shall be necessary to an interim order but subject to the power of the Court to dispense with any such consents. 14. The Court in an adoption order may impose such terms and conditions as the Court may think fit and in particular may require the adopter by bond or otherwise to make for the adopted child such provision (if any) as in the opinion of the Court is just and expedient. 15. (1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the parent or parents, guardian or guardians of the adopted child, in relation to the future custody, maintenance and education of the adopted child, including all rights to appoint a guardian or to consent or give notice of dissent of marriage shall be extinguished, and all such rights, duties, obligations and liabilities shall vest in and be exercisable by and enforceable against the adopter as though the adopted child was a child born to the adopter in lawful wedlock, and in respect of the same matters and in respect of the liability of a child to maintain its parents the adopted child shall stand to the adopter exclusively in the position of a child born to the adopter in lawful wedlock: Provided that, in any case where two spouses are the adopters, such spouses shall in respect of the matters aforesaid and for the purpose of the jurisdiction of any court to make orders as to the custody and main- tenance of and right of access to children stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child shall stand to them respectively in the same relation as a child would have stood to a lawful father and mother respectively. Tower to make interim orders, Terms and conditions of order. Effect of adoption order, 96 Ch. 29. No. 7.] Adoption of Children. (2) An adoption order shall not deprive the adopted child of any right to or interest in property to which, but for the order, the child would have been entitled under any intestacy or disposition whether occurring or made before or after the making of the adoption order, or confer on the adopted child any right to or interest in property as a child of the adopter, and the expressions “ child ’’, ‘“‘ children ”’ and “issue ’’ where used in any disposition whether made before or after the making of an adoption order, shall not, unless the contrary intention appears, include an adopted child or children or the issue of an adopted child. (3) Where an adopted child or the spouse or issue of an adopted child takes any interest in real or personal property under a disposition by the adopter, or where an adopter takes any interest in real or personal property under a disposition by an adopted child or the spouse or issue of an adopted child, any succession, Iegacy or other duty which becomes leviable in respect thereof shall be payable at the same rate as if the adopted child had been a child born to the adopter in lawful wedlock. (4) For the purposes of this section disposition means an assurance of any interest in property by any instrument whether zuter vivos or by will including codicil. (5) For the purposes of the Friendly Societies Ordinance, which enables societies to insure money to be paid for funeral expenses, and which restricts the persons to whom monev may be paid on the death of a child under the age of ten, the adopter shall be deemed to be the parent of the child; and where before the adoption order was made any such insurance had been effected by the natural parent of the child, the rights and Jiabilities under the policy shall by virtue of the adoption order be transferred to the adopter, and the adopter shall, for the purposes of the said Ordinance, be treated as the person who took out the policy. Power to 16. An adoption order or an interim order may be made subsequent in respect of a child who has already been the subject of an order in adoption order, and, upon any application for such further respect of yy adoption order, the adopter or adopters under the adoption subject to order last previously made shall, if living, be deemed to be an order, the parent or parents of the child for all the purposes of this p Pp purp Ordinance. Adoption of Children. [Ch.29. No. 7. 17. (1) The Court having jurisdiction to make adoption orders under this Ordinance shall be the Supreme Court or, at the option of the applicant, any court of summary jurisdiction within the jurisdiction of which cither the applicant or the child resides at the date of the application for the adoption order. (2) Rules directing the manner in which applications to the Court are to be made for regulating appeals under section 8 and dealing gencrally with all the matters of procedure and incidental matters arising out of this Ordinance may be made in like manner as rules may be made under and for the purposes of the Judicature Ordinance. Such rules may provide for applications for adoption orders being heard and determined otherwise than in open court, and, where the application is made to a court of summary jurisdiction, for the hearing and determination thereof in a juvenile court within the meaning of section 88 of the Children Ordinance. 18. It shall not be lawful for any adopter or for any parent or guardian except with the sanction of the Court to receive any payment or other reward in consideration of the adoption of any child under this Ordinance or for any person to make or give or agree to make or give to any adopter or to any parent or guardian any such payment or reward. 19. (1) It shall not be lawful for any advertisement to be published indicating that— (a) the parent or guardian of a child is desirous of causing the child to be adopted, or (5) a person is desirous of adopting a child, or any person (not being the Board) is willing to make arrangements for the adoption of a child. (2) Any person who causes to be published, or knowingly publishes an advertisement in contravention of the provisions of this section shall be liable, on summary conviction, to a fine of two hundred and fifty dollars. 20. Where at the date of the commencement of this Ordinance any child is in the custody of, and being brought T.—IVv. 7 97 Jurisdiction and procedure. Restrictions on payments. Restriction on adver- tisements. Provisions as to existing de facto adoptions. 98 Adopted children Tegister, Ch. 29. No. 7.] Adoption of Children. up, maintained and educated by any person or two spouses jointly as his, her or their own child under any de facto adoption, and has for a period of not less than two years before such commencement been in such custody, and been so brought up, maintained and educated, the Court may, upon the application of such persons or spouses, and notwithstanding that the applicant is male make an adoption order authorising him, her or them to adopt the child without requiring the consent of any parent or guardian of the child to be obtained, upon being satisfied after inquiry by the Board that in all the circumstances of the case it is just and equitable and for the welfare of the child that no such consent should be required and that an adoption order should be made. 21. (1) The Registrar General shall establish and maintain at his office a register to be called the Adopted Children Register, in which shall be made such entries as may be directed to be made therein by adoption orders, but no other entries. (2) Every adoption order shall contain a direction to the Registrar General to make in the Adopted Children Register an entry recording the adoption in the form sct out in the Schedule hereto. (3) If upon any application for an adoption order there is proved to the satisfaction of the Court— (a) the date of the birth of the child; and (6) the identity of the child with a child to which any entry or entries in the Registers of Births relates; the adoption order shall contain a further direction to the Registrar General to cause such birth, entry or entries in the Register of Births, to be marked with the word “adopted” and to include in the entry in the adoption register recording the adoption the date stated in the Order of the adopted child’s birth in the manner indicated in the Schedule hereto. (4) The prescribed officer of the Court shall cause every adoption order to be communicated in the prescribed manner to the Registrar General, and upon receipt of such communication the Registrar General shall cause Adoption of Children. [Ch.29. No. 7. compliance to be made with the directions contained in such order in regard both to marking any entry in the Registers of Births with the word “‘ adopted ”’ and in regard to making the appropriate entry in the Adopted Children Register. (5) A certified copy of any entry in the Adopted Children Register if purporting to be signed by the Registrar General shall, without any further or other proof of such entry— (a) where the entry does not contain any record of the date of the birth of the adopted child be received as evidence of the adoption to which the same relates; and (b) where the entry contains a record of the date of the birth of the adopted child shall be received not only as evidence of the adoption to which the same relates but also as evidence of the date of the birth of the adopted child to which the same relates in all respects as though the same were a certified copy of an entry in the Register of Births. (6) The Registrar General shall cause an index of the Adopted Children Register to be made and kept in his office, and every person shall be entitled to search such index and to have a certified copy of any entry in the Adopted Children Register in all respects upon, and subject to the same terms, conditions and regulations as to payment of fees and otherwise as are applicable under the Births and Deaths Registration Ordinance, or any other Ordinance, in respect of searches in indexes relating to births and deaths kept in the office of the Registrar General, and in respect of the supply from such office of certified copies of entries in the Registers of Births and Deaths. (7) The Registrar General shall, in addition to the Adopted Children Register and the index thereof, keep such other registers and books, and make such entries therein as may be necessary, to record and make traceable the connexion between any entry in the register of births which has been marked ‘adopted’”’ pursuant to this Ordinance and any corresponding entry in the Adopted Children Register, but such last-mentioned registers and 7 (2) UNIVER! TY OF FLORI™ L% LIGRARY VOL.NO. 7 99 100 Ch. 29. No. 7.] Adoption of Children. books shall not be nor shall any index thereof be open to public inspection or search, nor, except under an order of a court of competent jurisdiction, shall the Registrar General furnish any person with any information contained in or with any copy or extract from any such registers or books. (8) Regulations made by the Registrar General under the Births and Deaths Registration Ordinance may make provision as to the duties to be performed by Super- intendent Registrars and Registrars of Births and Deaths in the execution of this Ordinance. 101 [Ch. 29. No. 7. Adoption of Children. (‘Axjue (‘19p1O OU asta.tsq}0 “ArqUq wodopy 24} ut nq ‘possyue aq} 3893932 Suuvadde se opeur aq 03 I9pI1O 0} [esetas) aq 03 A1j0q) uoydopy 24} reIysiZey Aq ‘opem Tormm Aq Aq pez9011p (Aue 31) Wig JO 93ep 1903uq) “PIFYD FO quig jo eyed (8) (2) (9) poyndap 1s0qJ9 | yNoD jo uonduS jo ainzeuzis “Sop pue I9psIO uorjdopy jo o7eq (19epig uondopy Ul poze}s SB toredno09 pue ssalppe ‘ouleu 193uq) ‘siajdopy (19PI0 wondopy ul peye3s se X08 (1epi9 uondopy Ol peze}s sv ouIeU ono Joquq) “PID | 1030q) “PIT pwe ssolppy peidopy jo xag| paidopy jo omen ‘ameuing pus omeN (¢) () (e) “AQUq yo a7" ‘AqQUy JO ‘ON (z) (1) “a TAGHHOS (‘Tg wor9as) Ordinance No. 9 1940. Commencc- ment. Short title. Power to take census. Schec Appoint- of Census Officer. CHAPTER 29. No. 8. CENSUS. AN ORDINANCE TO MAKE PROVISION FOR THE TAKING FROM TIME TO TIME OF A CENSUS FOR THE COLONY. [23rd March, 1946.] 1. This Ordinance may be cited as the Census Ordinance. 2. Subject to the provisions of this Ordinance, it shall be lawful for the Governor by proclamation from time to time to direct that a census shall be taken for the Colony, and any proclamation under this section may prescribe— (a) the date on which the census is to be taken; and (6) the persons by whom and with respect to whom information for the purpose of the census is to be furnished; and (c) the particulars to be stated in the returns: Provided that no particulars shall be required to be stated other than particulars with respect to such matters as are mentioned in the Schedule hereto. 3. (1) It shall be lawful for the Governor to appoint in writing under his hand a fit and proper person as Census Officer and such appointment shall be published in the Roval Gazette. (2) It shall be lawful for the Governor to appoint public officers and other persons for any purpose connected with the execution of this Ordinance. Census. [Ch. 29. No. 8. 4. (1) It shall be the duty of the Census Officer to make arrangements and do all such things as are necessary for the taking of a census in accordance with the provisions of this Ordinance and of any proclamation and regulations made thereunder, and for that purpose to make arrange- ments for the preparation and issue of the necessary forms and instructions and for the return of the forms when filled up. (2) The Census Officer in exercise of his powers and in the performance of his duties under this Ordinance or under any proclamation or regulations made thereunder, shall be subject to the control of, and comply with any directions given by the Governor. (3) All expenses incurred with the sanction of the Governor in connection with the taking of a census or otherwise in connection with the exercise of the powers or the performance of duties under this Ordinance shall be defrayed out of the public revenue of the Colony. 5. Every Superintendent Registrar appointed under the Births and Deaths Registration Ordinance or Assistant Warden performing the duties of a Superintendent Registrar under the said Ordinance shall divide up his county or area under his superintendence into enumeration districts in accordance with directions from the Census Officer who will prescribe such districts exactly, and shall prepare a list of persons resident in such county or area suitable to be appointed as supervisors and enumerators for such county or area; and shall deliver all schedules, census forms, books of instructions and other documentary matter relating to the census received by him to such person or otherwise as he may be directed by the Census Officer; and shall supervise and direct the taking of the census in such county or area and when such schedules and forms shall have been returned to him following the census shall examine and punctually return the same to the Census Officer making sure that full and complete returns have been made in respect of each of the said enumeration districts. _ Every such Superintendent Registrar and Warden shall in the manner hereunder prescribed certify that the duties required of every supervisor and enumerator within his county or area have been faithfully performed 103 Duties of ‘ensus Officer. Census Officer sub- ject to directions of Governor. Expenses to be a charge on the revenue of the Colony. Division ot counties and areas, 104 Ch. 29. No. 8.] Census. Closing o clubs, etc. Power of Governor in Council to make revulations, before any payment is made to such supervisor or enumerator. 6. On any day prescribed under section 2 for the taking of a census, all clubs and all dance halls, theatres, cinemas and other places of public entertainment or amusement shall be closed between the hours of 7 p.m. and 12 midnight except in the case of clubs for persons residing therein. 7. For the purpose of enabling any proclamation directing a census to be taken to be carried into effect, the Governor in Council may make regulations— (a) providing for the division of the Colony into districts for the purpose of the census and the appoint- ment of persons to act in those districts in connection with the census; (b) requiring all such persons as may be employed for the purpose of the census to perform such duties in connection with the taking of the census as may be prescribed (c) requiring persons employed for the purpose of the census to make a written declaration with respect to the performance of their duties and prescribing the form of such declaration; (2) requiring the superintendent or other person in charge of every gaol, prison, lock-up or other place of confinement and the officer in charge of any hospital or other public or charitable institution within this Colony to make returns with respect to inmates thereof and to conform to such instructions as may be given to him; (e) requiring the owner, manager or other person having the superintendence of any plantation, factory or industrial undertaking, to act as enumerator of such plantation, factory or industrial undertaking respectively ; (f) requiring information to be given to the persons liable to make returns by the persons with respect to whom the returns are to be made; (g) with respect to the forms to be used in the taking of a census; Census. [Ch. 29. No. 8. 105 (hk) for the allowances to be paid to persons employed in connection with the taking of the census; (t) making provision with respect to any other matters with respect to which it is necessary to make provision for the purpose of carrying into effect the provisions of the proclamation. 8. The Census Officer shall obtain by such ways and means as appear to him best adapted for the purpose, returns of the particulars required by this Ordinance with respect to all houseless persons and all persons who during the night of the day fixed by the Governor under section 2 were travelling or on shipboard in the waters of the Colony or for any other reason were not abiding in any house of which account is to be taken by the supervisors, enumerators and other persons as aforesaid, and shall include such returns in the report to be made by him under section 9. 9. (1) The Census Officer shall, as soon as may be after the takings of a census, prepare or cause to be prepareda tabulated report on the census returns, showing the number of persons enumerated in the Colony as a whole and in each town, county, ward and island thereof, and every such report shall be printed and laid before the Legislative Council. (2) No report, summary of statistics or other publica- tion under this Ordinance, shall contain any of the particulars comprised in any individual return so arranged as to enable any person to identify any particulars so published as being particulars relating to any individual person. 10. It shall be lawful for every enumerator appointed under the regulations made under this Ordinance in so far as may be necessary for the purpose of this Ordinance to enter every house, messuage, plantation, factory, industrial undertaking, estate, farm, plot or any other place whatsoever within his district on the day appointed for taking a census and at any time during the period of four weeks immedi- ately preceding the said day, and he may thereafter during a further period not exceeding four weeks repeat his visits Particulars of houseless persons to be obtained. Census Officer to make report. No report to reveal individual particulars. Enumera- tor’s power to enter. 106 Ch. 29. No. 8.] Census. Access to public records. Offences and penaltics. to and entries into and upon any house, messuage, planta- tion, factory, industrial undertaking, estate, farm, plot or any other place whatsoever in his district as often as may be necessary for the purpose of obtaining from any employee, resident or inmate of any such house, messuage, plantation, factory, industrial undertaking, estate, farm, plot or any other place whatsoever any further information or explanation necessary to enable him to complete, verify or correct any account given to or taken by him in respect thereof or of the employees, residents, or mmates thereof. 11. Every person who has the custody or charge of any public records or documents, or of any records or documents of any corporation, from which information relating to the objects of any census ordered under this Ordinance may be obtained, or which would aid in the completion of such census, shall grant to any census supervisor, enumerator, or person authorised in writing by the Census Officer, access thereto for the purpose of obtaining such information therefrom. 12. (1) If any person— (a) refuses or neglects to comply with or acts in con- travention of any of the provisions of this Ordinance or any proclamation or regulations made under this Ordinance; or (b) being a person required by regulations made under this Ordinance to make a written declaration with respect to the performance of his duties makes a false declaration; or (c) being a person required by any proclamation or regulations made under this Ordinance to make, signs or delivers any document, makes, signs, or delivers, or causes to be made, signed, or delivered a false document; or (d) being a person required in pursuance of any such proclamation or regulations to answer any question, refuses to answer or gives a false answer to that question ; he shall for each offence be liable on summary conviction to a fine of four hundred and eighty dollars. Census. [Ch. 29. No. 8. (2) If any person— (a) being a person employed in taking a census without lawful authority publishes or communicates to any person otherwise than in the ordinary course of such employment any information required by him in the course of his employment; or (5) having possession of any information which to his knowledge has been disclosed in contravention of this Ordinance, publishes or communicates that information to any other person; or (c) in the pretended performance of duties under this Ordinance obtains, or seeks to obtain, information which he is not duly authorised to obtain, he shall be guilty of an offence and shall on summary con- viction be liable to a fine of nine hundred and sixty dollars or to imprisonment for a term of one year, or to both such fine and imprisonment. SCHEDULE. Matters in Respect of which Particulars may be Required. . Names, sex, age and religion. . Occupation, profession, trade or employment and industry. . Nationality, birthplace, race and language. . Place of abode, character of dwelling and housing generally. nF WN . Condition as to marriage, relation to head of family and issue born. 6. Infirmities relating to deafness, dumbness, blindness and mental derangement. 7. Any other matters with respect to which it is desirable to obtain statistical information with a view to ascertaining the social or civil condition of the population. 8. (1) Farm operation and Management. (2) Separate holdings or property. (3) Farm population and Farm labour. (4) Acreage and Tenure. 5) Kind of land and vegetation on the Farm. 6) Source of water supply. 7) Principal Products of Farm. 8) Water Supply for Farm and Livestock. (9) Farm and Industrial Machinery and Equipment. ( ( ( ( 107 Punishment for unlawful publication or com- munication, (Section 2.) 108 Ch. 29. No. 8.] Census. (10) Crops. (11) Tropical Fruits and Nuts. (12) Sugar Cane, Cocoa, Coconuts, Rubber, Tonca Beans and Coffee. (13) Grains, Pulses, Rice, Vegetables and Ground Provisions. (14) Roots. (15) Miscellaneous Crops. (16) Live Stock. (17) Poultry and Eggs. (18) Rabbits and Guinea Pigs. (19) Bees and Bee Products. 9. Nature of Craft, equipment and methods employed in fishing. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. TRINIDAD anp TOBAGO Revised Ordinances, 1950. CHAPTER 30. CONTROL OF VARIOUS MATTERS. 1.—ADVERTISEMENTS REGULATION. 2.—FACTORIES. 3.—Gas CYLINDERS (USE, CONVEYANCE AND STORAGE). 4.—EXPLOSIVES. 5.—FIREARMS AND AMMUNITION. 6.—FooD AND FUEL CONTROL. 7.—OLD METAL AND MARINE STORES. 8.—NEWSPAPERS. 9.—THEATRES AND DANCE HALLS. 10.—CINEMATOGRAPH. 11.—CINEMATOGRAPH ENTERTAINMENTS (MaxiIMUM CHARGES). 12.—BoxING CONTROL. 13.—STREET COLLECTIONS (CONTROL). 14.—LICENSING OF DEALERS (PRECIOUS METALS AND STONES). 15.—ELEcTRIc INSTALLATIONS (BUILDINGS). 16.—ELECTRICITY (INSPECTION). 17.—SLEEPING ACCOMMODATION (CONTROL OF CHARGES). 18.—SERVICES (CHARGES CONTROL). 19.—LIMEOIL (CONTROL OF MANUFACTURE). 20.—MoTION PICTURE FILMS (CARRIAGE AND STORAGE). . 21.—PooL BETTING. 110 Ordinance Ch.30. No.l 1940. Commence- ment. Erection of hoardings and exhibi- tion of advertise- ments to be subject to control. Erection of hoardings by or with permission of local authority or Warden. Ch. 30. No. 1.] Advertisements Regulation. CHAPTER 30. No. 1. ADVERTISEMENTS REGULATION. AN ORDINANCE TO CONTROL THE ERECTION AND USE OF HOARDINGS AND THE EXHIBITION OF ADVERTISEMENTS. [1st July, 1932.] 1. This Ordinance may be cited as the Advertisements Regulation Ordinance. 2. In this Ordinance,— advertisement ’’ includes any notice, bill, placard, poster and similar publication; hoarding ’’’ includes any structure used as an advertisement or used for exhibiting any advertisc- ment. 3. No hoarding shall be erected and no advertisement shall be exhibited upon any hoarding or on any wall, tree, pole, fence, gate or other place in the Colony except in accordance with this Ordinance and the bye-laws or regu- lations made thereunder. 4. Ina City or Borough, the City or Borough Council, and elsewhere, the Warden, may erect hoardings or authorise the erection thereof and may, on the written application of the person responsible therefor, authorise the use of hoard- ings and advertisements existing at the date of the coming into force of bye-laws or regulations, as the case may be, made under this Ordinance. Every such authorisation shall be given for such period not exceeding five years as the Council or Warden, as the case may be, may determine. Advertisements Regulation. [Ch. 30. No. 1. 111 5. Notwithstanding the provisions of the last preceding Exemption section, any person may exhibit in or upon his own premises, of advertise- or in or upon any premises in his occupation, advertisements business relating to the business, profession, or trade carried on in or Pre™ses. upon those premises, and further may exhibit any adver- tisements upon any building used by him for business purposes in or upon such premises: Provided that any advertisement so exhibited shall not be suspended across the street or in any way suspended or projected outwards from such premises: Nothing in this section shall be deemed to derogate from or affect any of the powers conferred on the Port-of-Spain City Council by the Port-of-Spain Corporation Ordinance. 6. (1) Fora City or Borough, the City or Borough Council Power to may make byc-laws, and for other parts of the Colony, the laws anil. Governor in Council may make regulations,—-- regulations. (a) for regulating, restricting or prohibiting the erection of hoardings and the exhibition of advertise- ments (other than advertisements exhibited in accord- ance with the provisions of section 5) in such places and in such manner, or by such means, as to affect injuriously the amenities of a public park or pleasure promenade, or any place frequented by the public solely or chiefly on account of its beauty, or to disfigure the view of rural scenery from a highway or railway, or from any public place or water; (b) for levying a charge upon the exhibition of advertisements on hoardings crected by such City or Borough Council or by a Warden, as the case may be, in accordance with section 4. (2) Bye-laws and regulations made under this section shall have no force or effect until they have been approved by the Legislative Council. 7. If any person is aggrieved by the refusal of a Warden Appeal from to authorise the erection of any hoarding or the use of any {isjon hoarding or advertisement as provided in section 4, such person may appeal to the Governor, and if it be made to appear to the Governor that the erection of such hoarding or the use of any hoarding or advertisement should be Ch. 30. No. 1.] Advertisements Regulation. Removal of unautho- rised hoard- ings and advertise- ments, Penalties. Saving. authorised under this Ordinance, the Governor may give directions to the Warden to that effect. 8. (1) Unless authorised under section 4 or exempted under section 5, any hoarding erected and any advertise- ment exhibited at the date of the coming into force of regulations or bye-laws, as the case may be, made under this Ordinance, shall be removed by the person responsible therefor within six months from such date, and if not so removed as aforesaid such person shall be served with a notice in writing by the City or Borough Council or the Warden concerned to remove the hoarding or advertise- ment within one month, and on failure to comply with such notice, such person shall be deemed to have committed a contravention of the provisions of this Ordinance and shall be liable to the penalties hereinafter prescribed. (2) If no person responsible therefor can be found within six months from the date of the coming into force of such regulations or bye-laws, the City or Borough Council, or the Warden, as the case may be, may remove or cause to be removed any such hoarding or advertisement and may do all such other acts and things as may be deemed necessary for the removal of the same. 9. (1) Any person committing a contravention of the provisions of this Ordinance or of any regulations or bye- laws made thereunder shall be liable, on summary conviction, to a fine of twenty-four dollars, and to a further fine of five dollars for every day during which the offence is continued after his conviction thereof. (2) All penalties recovered under this Ordinance for offences committed within a City or Borough shall be paid to the funds of the local authority concerned. 10. Nothing in this Ordinance shall apply to hoardings erected and advertisements exhibited by any Department of the Government or by any Military or Naval or Air Force authority, or by any Judicial authority, or by any Municipal authority, or to any notice relating to any service in a church, chapel, temple or mosque. Factories. [Ch. 30. No. 2. 113 CHAPTER 30. No. 2. FACTORIES. AN ORDINANCE TO PROVIDE FOR THE PROMOTION OF THE Oriinance HEALTH, SAFETY AND WELFARE OF PERSONS EMPLOYED N°. 44-1946. IN FACTORIES. [18th December, 1948.] Commence- PART I. INTRODUCTORY. 1. (1) This Ordinance may be cited as the Factories short title. Ordinance. (2) Except where otherwise expressly provided, the saving. provisions of this Ordinance shall be in addition to and not in substitution for or in diminution of the provisions of any other Ordinance. PART ITI. INTERPRETATION AND APPLICATION TO YOUNG PERSONS EMPLOYED IN CERTAIN OCCUPATIONS, 2. (1) Subject to the provisions of this section, the tnterpre- expression ‘‘ factory’ means any premises in which, or ‘tion of . . : : : expression within the close or curtilage or precincts of which, persons “ factory.” are employed in manual labour in any process for or incidental to any of the following purposes, namely— (a) the making of any article or of part of any article; or (b) the altering, repairing, ornamenting, finishing, T.—IV. 114 Ch. 30. No. 2.] Factories. cleaning, or washing, or the breaking up or demolition of any article; or (c) the adapting for sale of any article; being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control. And (whether or not they are factories by reason of the foregoing definition) the expression ‘‘ factory ’’ also includes the following premises in which persons are employed in manual labour, that is to say- (i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; (ii) any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory: (iii) any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (iv) any premises in which the business of hooking, plaiting, lapping, making up or packing of varn or cloth is carried on, (v) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution, (vi) any premises in which the construction, recon- struction or repair of locomotives, vehicles, or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out, (vil) any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on, Factories. (Ch. 30. No. 2. 115 (viii) any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presenta- tion by way of trade or for purposes of gain of cinemato- graph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made; (ix) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry ; (x) any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (xi) any premises in which the production of cinematograph films is carried on by way of trade for purposes of gain, so, however, that the employment at any such premises of theatrical performers, and of attendants on such theatrical performers shall not be deemed to be employment in a factory; (x11) any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on; (xili) any premises used for the storage of gas in a gas holder having a storage capacity of not less than five thousand cubic feet; (xiv) any waterworks, pumping station, filtration plant, sewage works or sewage outfall; (xv) any premises in which any material is trans- formed or converted by way of trade or for purposes of gain. (2) Any line or siding (not being part of the Trinidad Government Railway or a municipal tramway) which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory. 8 (2) 116 Ch. 30. No. 2.] Factories. (3) A part of a factory may, with the approval in writing of the senior inspector, be taken to be a separate factory and two or more factories may, with the lke approval, be taken to be a single factory. (4) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier shall be deemed to be a factory for the purposes of this Ordinance, and the provisions of this Ordinance shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory. (5) No premises in or adjacent to and belonging to a quarry or mine being premises in which the only process carried on is the dressing or preparation for sale of minerals without the aid of mechanical power shall be deemed to be a factory. (6) Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Ordinance, but shall, if otherwise it would be a factory, be deemed to be a separate factory (7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises. (8) Where the Governor by order so directs as respects all or any purposes of this Ordinance, different branches or departments of work carried on in the same factory shall be deemed to be different factories. (9) Any premises belonging to or in the occupation of the Crown or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of enginecring construction undertaken by or on behalf of the Crown or any such authority shall not be excluded from the operation of this Ordinance by reason only that the work carried on thereat is not carned on by way of trade or for purposes of gain, Factories. [Ch. 30. No. 2. 117 3. (1) In this Ordinance and in any regulations or orders General made thereunder, unless the context otherwise requires, interpre the following expressions have the meanings hereby assigned to them respectively, that is to say— ‘‘bakehouse’’ means any place in which bread, biscuits, or confectionery is or are baked by way of trade or for purposes of gain; ‘bodily injury ” includes injury to health; ‘building operation means the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Ordinance; ‘‘calendar year’’ means the period of twelve months beginning with the Ist of January in any year; “child ’’ means a person who has not attained the age of fourteen years; “class or description,’ in relation to factories, includes a group of factories described by reference to locality ; “ driving-belt ’’ includes any driving strap or rope; *“ fire authority ’’ means the Commissioner of Police and includes any officer appointed by him to be in charge of measures for the putting out, control, or prevention of fires; “fume ”’ includes gas, vapour or smoke; “general register’’ means the register kept in accordance with the requirements of section 54 of this Ordinance; ce oD inspector means, except where otherwise expressed, an inspector appointed under this Ordinance, and a reference to the inspector for the district refers, as respects any factory, to the inspector in charge of the district in which the factory is situate; “local health authority ’’ has the same meaning as that assigned to it in the Public Health Ordinance; * Superintendent of Fire Brigades is a fire authority for purpose of section 26. — See R.G. 18.11.50. 118 Ch. 30. No. 2.] Factories. “machinery ”’ includes any driving belt , “maintained means maintained in an efficient state, in efficient working order, and in good repair; ““mechanical power means power derived from a prime mover or obtained by the direct application of steam, water, gas, or air pressure; owner ’’ means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the rackrent if the premises were let at a rackrent; “parent means a parent or guardian of, or person having the legal custody of, or the control over a child or young person, and includes, in relation to any child or voung person, any person having direct benefit from his wages: ‘ period of employment ”’ means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day; ‘“‘ prime mover ”’ means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel, or other source “process includes the use of any locomotive, sanitary conveniences includes urinals, water- closets, carth-closets, privies, ashpits, and any similar convenience, ship” ‘vessel , and “‘harbour”’ have the same meaning as in the Imperial Merchant Shipping Act, 1894, “transmission machinery’? means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance; ‘““week ’’ means the period between midnight on Saturday night and midnight on the succeeding saturday night; woman ’’ means a person of the female sex who has attained the age of eighteen vears; Factories. [Ch. 30. No. 2. work of engineering construction means the ‘onstruction of any railway line or siding, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works, gasholder, oil tank, road, trace or footpath ; “young person means a person who has attained the age of fourteen and has not attained the age of eighteen years. (2) For the purposes of this Ordinance, machinery or plant shall be deemed to have been constructed or re-constructed before the passing of this Ordinance or the making of regulations or orders under this Ordinance, and a factory or building shall be deemed to have been con- structed, re-constructed, extended, added to, or converted for use as a factory, before the passing or commencement of this Ordinance or the coming into operation of any provision of this Ordinance, if the construction, re- construction, extension, addition, or conversion was begun before the passing or commencement of this Ordinance, or the making of regulations or orders under this Ordinance, or the coming into operation of any provision of this Ordinance, as the case may be. (3) For the purposes of this Ordinance, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of ventilating or lighting the work- rooms or other parts of the factory. (4) A woman, young person, or child who works in a factory, whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Ordinance or any regulations or orders made thereunder, be deemed to be employed therein for the purposes of this Ordinance or of any proceedings thereunder: Provided that any woman 119 120 Application of Ordi- nance to young per- sons em- ployed in factories in certain occupations. Cleanliness. Ch. 30. No. 2.] Factortes. employed solely in cleaning a factory or any part thereof, otherwise than in cleaning which is incidental to or con- nected with any process, shall not be deemed for the purposes of regulations or orders made under this Ordinance controlling hours of employment to be employed in the factory. (5) For the purposes of this Ordinance or any regu- lations or orders made thereunder, an apprentice shall be deemed to be a person employed. 4. A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Ordinance or of any proceedings thereunder. PART III. HEALTH (GENERAL PROVISIONS). 5. Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provision— (a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages; (b) all such dirt and refuse as aforesaid, and all waste organic matter, whether resulting from any of the processes carried on in the factory or from any other cause, shall be, where practicable, removed daily to a covered pit or receptacle, and effective means shall be provided, maintained and used to prevent, so far as possible, the breeding of flies, mosquitoes or other insects, or rats, mice or other vermin; (c) the floor of every workroom shall be cleaned thoroughly at least once in every week by washing or, if it is effective and suitable, by sweeping or other method; (ad) all inside walls and partitions, and all ceilings Factories. [Ch. 30. No. 2. or tops of rooms, and all walls, sides and tops of passages and staircases shall— (i) where they have asmooth impervious surface, at least once in every period of six months be washed with water and soap or other suitable detergent, or cleaned by such other method as may be approved in writing by the senior inspector ; (ii) where they are painted with oil paint or varnished, be repainted or revarnished at least once in every period of five years, and at least once in every period of six months be washed with water and soap or other suitable detergent, or cleaned by such other method as may be approved in writing by the senior inspector; (ili) in other cases be kept white-washed or colour-washed, and the white-washing or colour- washing shall be repeated at least once in every period of twelve months. 6. (1) A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed thercin. (2) Without prejudice to the generality of the fore- going provision, in every workroom in a factory there shall be allowed for every person employed in the room not less than four hundred cubic feet of space, except that in any workroom with not less than one side, or the equivalent area of openings, being not less than twenty- five per cent. of the total area of all the sides of the room, open to the outer air the amount of space allowed for every person employed in the room shall be not less than two hundred and fifty cubic feet. (3) In calculating, for the purposes of this section, the amount of cubic space in any room, no space more than twelve feet from the floor shall be taken into account, and, where a room contains a gallery in which persons are employed, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room. (4) There shall be posted in every workroom a notice 121 Over- crowding. 122 Ventilation. Lighting. Drainage o floors, Sanitary con- veniences. Enforcement by the local health authority of certain provisions of Part IT. Ch. 30. No. 2. Factorte. specifying the number of persons who may, under the provisions of this section, be emploved in that room. 7. Adequate ventilation by the circulation of fresh air shall be maintained in each workroom and all fumes, dust and other impurities that may be injurious to health generated in the course of any process or work carried on in the factory, shall be, so far as practicable, rendered harmless and removed by mechanical means if necessary 8. (1) Sufficient and suitable lighting, whether natural or artificial, shall be provided and maintained in every part of a factory in which persons are working or through which they may pass. (2) All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction: Provided that this subsection shall not affect the white-washing or shading of windows and skylights for the purpose of mitigating heat or glare. 9. Where anv process is carried on which renders the floor liable to be wet to such an extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet. 10. Sufficient and suitable sanitary conveniences for the persons employed in a factory shall be provided, maintained and kept clean, and adequate lighting for the convenience shall be provided and maintained and, where persons of both sexes are or are intended to be employed, such conveniences shall afford proper separate accommoda- tion for persons of each sex. 11. (1) The foregoing provisions of this Part of this Ordinance relating to sanitary conveniences and any regulations or orders made in pursuance thereof shall be enforced by the local health authority. (2) The foregoing provisions of this Part of this Ordinance relating to cleanliness, overcrowding, ventilation Factories. [Ch. 30. No. 2. and drainage of floors and any regulations or orders made in pursuance thereof shall, as respects any factory in which mechanical power is not used, be enforced by the local health authority. (3) Every local health authority shall keep a register of all factories situate within their district with respect to which the duty of enforcing any of the said provisions is imposed upon them. (4) For references in any of the foregoing provisions of this Part of this Ordinance to an inspector there shall, as respects any factory or part thereof in which that provision is enforceable by a local health authority, be substituted references to an officer of the local health authority. 12. (1) Where an inspector finds any act or default, in relation to any drain, sanitary convenience, water supply, nuisance, or other matter in a factory which is liable to be dealt with by the local health authority under this Part of this Ordinance or under the law relating to public health, he shall give notice thereof in writing to the local health authority and to the Central Board of Health, and it shall be the duty of the local health authority to make such inquiry into the subject of the notice, and take such action thereon, as seems to the local health authority proper for the purpose of enforcing the law, and to inform the Central Board of Health and the inspector of the proceedings taken in consequence of the notice. (2) Where an inspector finds any such act or default as aforesaid, he may take with him into the factory a medical officer of health, sanitary inspector, or other officer of the local health authority. (3) If within one month after notice of an act or default is given by an inspector under this section to a local health authority proceedings are not taken for remedying the act or default or for punishing the offender, the Central Board of Health shall have power to enforce any of the provisions of this Part of this Ordinance which the local health authority has failed to enforce, and for the purposes of this section the Central Board of Health 123 Powers of an inspector as to sanitary defects remediable by local health authority. 124 Prime movers, Transmis- sion machinery. Ch. 30. No. 2.] Factories. shall have the same powers as those entrusted to local health authorities under the Public Health Ordinance. PART IV SAFETY (GENERAL PROVISIONS). 13. (1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3) of this section, shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or other enclosure or not. (2) The head and tail race of every water wheel and of every water turbine shall be securely fenced. (3) Every part of electric generators, motors and rotary {converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. 14. (1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. (2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place. (3) No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery. (4) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley. Factontes. [Ch. 30. No. 2. 15. (1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced: Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this section shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part. (2) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced. 16. Every dangerous part of the ways, works or plant shall be so enclosed, covered, fenced, or otherwise effectively guarded as to prevent danger. 17. All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part of this Ordinance or of any regulations or orders made in pursuance thereof shall be of substantial construction, and constantly main- tained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are exposed for examination, lubrica- tion or adjustment which it is necessary to carry out while they are in motion. 18. (1) In the case of any machine in a factory being a machine intended to be driven by mechanical power— (a) every set-screw, bolt, nut, key or keyway on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and (b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is 125 Other machinery. Dangerous ways, works or plant. Construction and main- tenance of fencing. Construction and sale of Dew machinery, 126 Cleaning of machinery in motion. Construction and main- tenance of tloors, pas- sages, stairs and puard- rauls. Ch. 30. No. 2.] Factories. so situated as to be as safe as it would be if completely encased. (2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use ina factory in the Colony any machine intended to be driven by mechanical power which does not comply with the requirements of this section shall be guilty of an offence and liable to a fine of four hundred and eighty dollars. (3) Nothing in this section shall apply to any machine constructed before the passing of this Ordinance. 19. No person shall clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery 1s in motion by mechanical power, and no person shall clean any part of any machine if the cleaning thereof would expose him to risk of injury from any moving part either of that machine or of any adjacent machinery, 20. (1) All floors, steps, stairs, passages and gangways and all hand-rails and = guard-rails shall be of sound construction and properly maintained. (2) Every staircase and flight of steps in a building or affording a means of exit from a building shall be provided with a substantial hand-rail which, if the staircase or flight of steps has an open side, shall be on that side, and, in the case of a staircase or flight of steps having two open side., or in the case of a staircase or flight of steps which, owing to the nature of the construction thereof or the condition of the treads or other special circumstances, is specially lable to cause accidents, such a hand-rail shall be provided on both sides. Any open side of a staircase or flight of steps shall also be guarded by the provision of a lower rail or other effective means. (3) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable. (+) Every ladder shall be soundly constructed and properly maintained and shall be of adequate length for the purpose for which it is at anv time being used. lactories. {Ch. 30. No. 2. 21. (1) There shall, so far as is reasonably practicable, he provided and maintained safe means of access to every place at which any person has at any time to work. (2) Where any person is to work at a place from which he will be liable to fall a distance more than ten feet, means shall be provided, so far as is necessary and practicable, by fencing or otherwise for ensuring his safety. 22. (1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained. (2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months, and a report of the result of every such examination in the prescribed form and containing the prescribed particulars shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register. (3) Such competent person as aforesaid shall not be in the employ of the occupier of the premises in which the hoist or lift is situate and shall not be in the employ of the owner or hirer of the said hoist or lift. (4) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift. (5) Any such gate as aforesaid shall be kept effectively closed except when the cage or platform is at the landing or opening in the enclosure to which the gate is fitted. (6) Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift. _ (7) There shall be marked conspicuously on every hoist or lift the maximum working load which it can 127 Safe means of access and place of emploviment, Hoists and lifts. 1 cl m m Ce an tel tlo say an Tai 128 Ch. 30. No. 2.] Factortes, safely carry and no load greater than that load shall be carried on or in any hoist or lift. (8) In the case of a continuous hoist or lift sub- sections (+) to (7) inclusive of this section shall not apply and in the case of a hoist or lift not connected with mechanical power and used only for the carriage of goods and the effective floor area of which does not exceed four square feet subsections (2) and (3) shall not apply. (9) For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides. (10) Every doorway or similar opening used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure hand hold on each side of the opening or doorway. The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position. (11) This section and any regulations or orders made in pursuance thereof shall apply to every hoist or lift (other than a hoist or lift used solely for domestic purposes and in which no person is carried), whether situate in premises to which this Ordinance applies or not: Provided that where the hoist or lift is situate wholly or partly in premises to which this Ordinance does not apply the report of examination required by subsection (2) of this section shall not be required to be entered in or attached to the general register but shall, within fourteen days, be sent to the inspector for the district and on its return to the owner or hirer of the hoist or lift be kept available for inspection, and the owner or hirer of the hoist or lift shall be responsible for the observance of the provisions of this section and of any regulations or orders made in pursuance thereof and in the event of a contra- vention thereof shall be guilty of an offence. (12) No hoist or lift shall be taken into use until it has been examined and reported on in accordance with the provisions of subsection (2) of this section. Factories. [Ch. 30. No. 2. (13) For the purposes of this section and of any regulations or orders made in pursuance thereof the expression ‘‘ competent person ’’ means a qualified engineer recognised as such by the Institution of Mechanical Engineers, with experience in the construction, main- tenance or repair of electrically or mechanically driven hoists and lifts. 23. (1) Every steam boiler, whether separate or one of a range- (a) shall have attached to it— (i) a suitable safety valve, separate from any stop valve, which shall be so adjusted as to prevent the boiler being worked at a greater pressure than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler; (ii) a suitable stop valve connecting the boiler to the steam pipe; (iii) a correct steam pressure gauge connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in pounds per square inch, and have marked upon it in a distinctive colour the maximum permissible working pressure ; (iv) two water gauges, of which at least one shall be of transparent material or other type approved by the senior inspector, to show the water level in the boiler, and, if a gauge is of the glass tubular type, the gauge shall be provided with an efficient guard but not so as to obstruct the reading of the gauge; or (v) one water gauge of transparent material or other type as aforesaid provided, if of the tubular type, with a guard as aforesaid, and not less than two water level test cocks to indicate the correct level of water in the boiler; and (5) shall be provided with means for attaching a test pressure gauge; and (c) unless externally fired, shall be provided with T.—IV. 9 129 ——— Steam boilers, 130 Ch. 30. No. 2.] Factories. a suitable fusible plug or an efficient low water alarm device: Provided that subparagraph (ii) of paragraph (a) of this subsection shall not apply with respect to economiscrs, and subparagraphs (iii), (iv) and (v) of paragraph (a), and paragraphs (b) and (c) of this subsection shall not apply with respect to cither economisers or superheaters. (2) In the case of a steam boiler in a ship or other floating vessel every such boiler shall, in addition to the foregoing provisions, have attached to it— (a) a second safety valve as described in sub- paragraph (i) of paragraph (a) of subsection (1) of this section, and both valves shall be of the direct spring loaded type; (0) a suitable blow-off cock or valve so as to permit the pressure inside the boiler to be reduced to atmos- pheric pressure within a reasonable time in case of emergency ; (c) a salinometer cock or valve. (3) For the purposes of subsection (1) of this section, a lever-valve shall not be deemed a suitable safety valve unless the weight is secured on the lever in the correct position. (4) No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless— (a) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or (b) all valve. taps or cocks controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve, tap or cock on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve, tap or cock is closed and is the only key in use for that set of blow-off valves, taps or cocks. (5) Every part of every steam boiler shall be of good construction, sound material, adequate strength, and free from patent defect. Factories. (Ch. 30. No. 2. (6) Every steam boiler and all its fittings and attachments shall be properly maintained. (7) Every steam boiler and all its fittings and attachments shall be thoroughly examined by a competent person at least once in every period of twelve months, and also after any extensive repairs. (8) A report of the result of every such examination in the prescribed form and containing the prescribed particulars (including the maximum permissible working pressure) shall, as soon as practicable and in any case within twenty-one days of the completion of the examina- tion, be entered in or attached to the general register, and the report shall be signed by the person making the ‘xamination, (9) No steam boiler which has previously been used shall be taken into use again until it has been examined and reported on in accordance with the last two foregoing subsections; and no new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler, or from a person competent to examine boilers, a certificate specifying the maximum permissible working pressure thereof, and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection, and the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates; and no new steam boiler shall be put into use until it has also been hydraulically tested on the site by a competent person as aforesaid to at least one and a half times the maximum permissible working pressure, and the date of the test and the pressure applied shall be entered in the certificate which shall be signed by the person making the test: Provided that the provisions of this subsection relating to steam boilers which have previously been used shall not apply to any such boiler used intermittently by the same owner or hirer except on the first occasion when the said owner or hirer takes the boiler into use. (10) Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with those conditions. 9 (2) 131 mad d lo Ch. 30. No. 2.] Factorie. (11) If the person employed to make any such examination as aforesaid fails to make a thorough examina- tion as required by this section or makes a report which is false or deficient in any material particular, he shall be guilty of an offence and liable to a fine of two hundred and forty dollars. (12) In this Part of this Ordinance, the expression maximum permissible working pressure ’’ means, in the case of a new steam boiler, that specified in the certificate referred to in subsection (9) of this section and in the case of a steam bowler which has been examined in accordance with the provisions of this section, that specified in the report of the last examination; and the expression “ steam boiler" means any closed vessel in which for any purpose steam is generated under pressure greater than atmos- pheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam. (13) This section and any regulations or orders made in pursuance thereof shall not apply to the boiler of any ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in the Colony, and ordinarily used within the territorial waters of the Colony), or a boiler used solely for domestic purposes at a pressure not exceeding one atmosphere, but shall apply to every other steam boiler whether the boiler is. situate In premises to which this Ordinance applies or not. (14) In the case of a steam boiler situate in premises to which this Ordinance does not apply, the report of examinations required by subsection (8) of this section shall not be required to be entered in or attached to the general register but shall, within twenty-one days, be sent to the inspector for the district and on its return to the owner or hirer of the boiler shall be kept available for inspection, and the owner or hirer of the boiler shall be responsible for the observance of the provisions of this section and of any regulations or orders made in pursuance thereof and in the event of a contravention thereof shall be guilty of an offence. (15) No steam boiler shall be worked at a pressure higher than the maximum permissible working pressure, Factories. [Ch. 30. No. 2. 133 and if any steam boiler is so worked, the occupier of the factory or place in which the boiler is situate or the owncr or hirer of the boiler, as the case may be, shall be guilty of an offence and shall be liable for a first offence to a fine of two hundred and fifty dollars, and for a second offence to a fine of five hundred dollars, and for a third or sub- sequent offence to a fine of one thousand dollars. (16) The competent person referred to in subsections (7) and (9) of this section shall not be in the employ of the occupier of the premises in which the steam boiler which the competent person examines is situate, and shall not be in the employ of the owner or hirer of the said boiler. 24. (1) Every air pressure container shall— (a) have marked upon it so as to be plainly visible the safe working pressure; and (v) in the case of a container connected with an air compressing plant cither be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the container being exceeded; and (c) be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; and (@) be fitted with a correct pressure gauge indicating the pressure in the container in pounds per square inch; and (e) be so fitted with a suitable appliance for draining the container as to enable all liquid to be drained from the lowest point in the container; and (f) be provided with a suitable manhole, hand- hole, or other means which will allow the interior to be thoroughly cleaned; and (g) in a case where more than one container is in use in the factory or other place, bear a distinguishing mark which shall be easily visible. _ (2) For the purpose of the provisions uf the fore- going subsection relating to safety valves and pressure Air pressure containers. 134 Ch. 30. No. 2.] Factories. gauges, any set of air pressure containers supplied with air through a single pipe may be treated as one container’ Provided that, in a case where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this sub- section shall not apply unless the reducing valve or other appliance is fitted on the said single pipe. (3) Every air pressure container and all its fittings shall be of sound construction and properly maintained. (4) Ievery air pressure container shall be thoroughly cleaned, examined and subjected to a suitable hydraulic test at least once in every period of twleve months. every such examination and test shall be carried out by a competent person, and a report of the result of every such examination and test in the preseribed form and containing the prescribed particulars (including particulars of the safe working pressure) shall, within twenty-one days, be entered in or attached to the general register. (5) No air pressure container which has previously been used shall be taken into use again until it has been examined and tested and reported on in accordance with the last foregoing subsection, and no new air pressure contamer shall be taken into use unless there has been obtained from the manufacturer of the container, or from a person competent to sxamine and test air pressure containers, a certificate specifying the safe working pressure thereof, and stating the nature of the tests to which the container and fittings have been submitted, and the certificate is kept available for inspection, and the container is so marked as to enable it to be identified as the container to which the certificate relates; and no new air pressure container shall be put mto use until it has also been hydraulically tested on the site by a competent person as aforesaid to at least one and a half times the safe working pressure, and the date of the test and the pressure applied shall be entered in the certificate which shall be signed by the person making the test: Provided that the provisions of this subsection relating to air pressure containers which have previously been used shall not apply to any such container used intermittently by the same owner or hirer except on the first occasion when the said owner or hirer takes the container into use. (6) In this section the expression “ safe working pressure ’’ means, in the case of a new air pressure container, that specified in the certificate referred to in subsection (5) of this section and in the case of an air pressure container which has been examined and tested in accordance with the provisions of this section, that specified in the report of the last examination; and the expression “ air pressure container ’’ means — (a) any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air; or (6) any vessel for containing compressed exhaust gases and used for the purpose of starting an internal combustion engine; or (c) any vessel (not being part of a grease gun or spraying pistol) in which grease, oil, paint, varnish, lacquer, or any liquid is stored and from which such material or liquid is forced by compressed air: Provided that the provisions of paragraph (e) of- sub- section (1) of this section shall not apply to any such vessel as is mentioned in paragraph (c) of this subsection. (7) This section and any regulations or orders made in pursuance thereof shall not apply to an air pressure container on any ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in the Colony, and ordinarily used within the territorial waters of the Colony), or any container used solely for domestic purposes at a pressure not exceeding one atmosphere, or any container into which the air is pumped by hand and in which the pressure does not exceed one atmosphere, but shall apply to every other air pressure container whether the container is situate in premises to which this Ordinance applies or not. (8) In the case of an air pressure container situate in premises to which this Ordinance docs not apply, the report of examination and test required by subsection (4) of this section shall not be required to be entered in or attached to the general register but shall, within twenty- one days, be sent to the inspector for the district and on Factories. [Ch. 30. No. 2. 135 136 Ch. 30. No. 2.] Factories. Chains, ropes, tackle cranes, Means of escape im case of fire, its return to the owner or hirer of the container shall be kept available for inspection, and the owner or hirer of the contamer shall be responsible for the observance of the provisions of this section and of any regulations or orders made in pursuance thereof and in the event of a contra- vention thereof shall be guilty of an offence. (9) No air pressure container shall be worked at a pressure higher than the safe working pressure, and if any air pressure container is so worked, the occupier of the factory or place in which the container is situate or the owner or hirer of the container, as the case may be, shall be guilty of an offence and shall be liable to a fine of two hundred and fifty dollars. (10) The competent) person referred to in sub- sections (+) and (5) of this section shall not be in the employ of the occupier of the premises in which the air pressure container which the competent person examines is situate, and shall-not be in the employ of the owner or hirer of the said container. 25. No chain, rope or lifting tackle and no crane or other lifting machine shall be used otherwise than in accordance with any regulations or orders which may be made by the Governor in Council under section 33 of this Ordinance or any order made by the Governor under section 34 of this Ordinance. 26. (1) Every factory to which this section applies shall be certified by the fire authority as being provided with such means of escape in case of fire for the persons employed therein as may reasonably be required in the circumstances of each case and, if any premises with respect to which no such certificate is in force are used as a factory, the occupier shall be guilty of an offence and liable on conviction thereof to a fine of two hundred and forty dollars, and if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to the provisions of section 71 of this Ordinance) be guilty of a further offence and Hable to a fine of twenty-four dollars for cach day on which the offence was so continued. It shall be the duty of the fire authority to examine every such factory and, on being satisfied that the factory Factories. [Ch. 30. No. 2. is so provided as aforesaid, to give such a certificate accordingly. The certificate shall specify precisely and in detail the means of escape provided, and shall contain particulars as to the maximum number of persons employed or proposed to be employed in the factory as a whole and, if the fire authority thinks fit, in any specified part thereof, and as to any explosive or highly inflammable material stored or used and as to other matters taken into account in granting the certificate. The certificate shall be attached by the occupier to the general register and a copy of it shall be sent by the fire authority to the inspector for the district and also to the local health authority. (2) All means of escape specified in the certificate as aforesaid shall be properly maintained and kept free from obstruction. (3) In the case of any factory constructed or con- verted for use as such before the coming into operation of this section, no offence shall be deemed to be committed under this section by reason of the use of the factory during any period that may elapse between the coming ito operation of this section and the grant or refusal of a ceruficate by the fire authority after examining the factory under this section, and if the fire authority refuses to grant a certificate in respect of the factory unless uterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the fire authority. (+) If, after the grant of a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give notice in writing to the fire authority of the proposal and also to the local health authority. (5) If the fire authority on receipt of the notice mentioned in the last foregoing subsection is of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time the fire authority is satisfied that by reason of changed conditions the existing means 137 138 Ch. 30. No. 2.] Factories. of escape have become insufficient, the fire authority may by notice in writing require the occupicr to make such alterations, within such period, as may be specified in the notice. (6) If it appears to an inspector that dangerous conditions in regard to escape in case of fire exist in any factory to which this section applies he may give notice thereof in writing to the fire authority, and it shall be the duty of the fire authority forthwith to examine the factory, and the fire authority may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice. (7) The occupier shall, within the period specified in any notice of the fire authority under this section, carry out any alterations required by the notice, and upon their being carried out the fire authority shall amend the certificate or issue a new certificate, and shall send a copy of the amended or new certificate to the inspector for the district, and if the alterations are not so carried out, the fire authority shall, without prejudice to the taking of other proceedings, cancel the certificate. (8) When notice is given by an inspector to the fire authority under this section, the fire authority shall inform the inspector and the local health authority of any action taken for remedying the dangerous conditions. (9) If the oceupicr of any factory is aggrieved by the refusal of the fire authority to grant a certificate under this section or by being required by the fire authority under this section to carry out any alterations at the factory or by the cancellation of a certificate, he may appeal by way of complaint, within twenty-one days of the refusal, notice of requirement, or cancellation, to a court of summary jurisdiction, and, pending the final determination of the appeal, no ofience shall be deemed to be committed under this section by reason that the premises to which the appeal relates are used as a factory without a certificate being in force with respect thereto; and the decision of the court shall be binding on the occupier and the fire authority, (10) If it appears to an inspector that the conditions in regard to escape in case of fire in any factory to which Factories. [Ch. 30. No. 2. this section applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger he may, in lieu of serving a notice on the fire authority under the fore- going provisions of this section, make a complaint to a court of summary jurisdiction, and the court may, on being satisfied of the matters aforesaid, by order prohibit the use of the factory or part thereof, or its use for the particular process or work, until such works have been executed as are in the opinion of the court necessary to remedy the danger. When any works have been executed in pursuance _ of such an order as aforesaid, the inspector shall give notice thereof to the fire authority, who shall amend any certificate in force under this section in respect of the factory, or issue a new certificate, as the case may require. (11) An examination by the fire authority under this section shall only be carried out by officers authorised in writing by the fire authority to carry out that cxamination or generally to carry out examinations under this section. (12) This section applies to every factory (a) in which more than twenty persons are employed ; or _ (0) in which more than ten persons are employed in the same building on any floor above the ground floor of the building; or (c) in or under which explosive or highly inflammable materials are stored or uscd. 27. (1) While any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside. (2) Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted 139 Safety pro- visions in case of fire. 140 Instructions as to use of means of escape in case of fire. Ch. 30. No. 2.] Factories. for use as a factory after the coming into operation of this section, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards. (3) In any factory constructed or converted for use as a factory before the coming into operation of this section, in which more than ten persons are emploved in the same building above the ground floor, any door, which is not kept continuously open, at the foot of a staircase affording a means of exit from the building shall, except in the case of sliding doors, be constructed to open outwards. (+) Every hoistway or liftway inside a_ building constructed after the coming into operation of this section shall, subject as hereinafter provided, be completely enclosed with fire resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire resisting materials: Provided that any such hoistway or liftway shall be enclosed at the top only by some material easily broken by fire, or be provided with a vent at the top. (5) Every window, door, or other exit affording means of excape in case of fire or giving access thereto other than the means of exit in ordinary use, shall be distinetly and conspicuously marked by a notice printed in red letters of an adequate size. (0) Where m any factory more than twenty persons are employed in the ‘ame building, or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective provision shall be made for giving warning in case of fire, which shall be clearly audible throughout the building. (7) The contents of any room in which persons are employed shall be so arranged or disposed that there is a {ree passage-way for all persons employed in the room to 2 Means of escape in case of fire. 28. Where in any factory more than twenty persons are employed in the same building above the ground floor, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed Factories. (Ch. 30. No. 2. are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire. 29. (1) If on complaint by an inspector a court of / summary jurisdiction is satisfied either— (a) that any part of the ways, works, machinery or plant used in a factory is in such a condition, or is so constructed or is so placed that it cannot be used without risk of bodily injury; or (b) that any process or work is carried on or any- thing is or has been done in any factory in such a manner as to cause risk of bodily injury; or (c) that any factory is in such a condition that any process or work carried on therein cannot be so carried on without risk of bodily injury, the court. shall, as the case may require, by order— (i) prohibit the use of that part of the ways, works, machinery or plant, or, if it is capable of repair or alteration, prohibit its use until it is duly repaired or altered; or (ii) require the occupier to take such steps as may be specified in the order for remedying the danger complained of; or (iii) prohibit the use of the factory or any part thereof until such works have been executed as are in the opinion of the court necessary to remove the danger. (2) Where a complaint is or has been made undcr the last foregoing subsection, the court may, on application cx parte by the inspector, and on receiving evidence that the use of any such part of the ways, works, machinery, or plant or, as the case may be, the carrying on of any process or work or the doing of anything in such a manner as aforesaid, or the use of a factory or any part thereof in such a condition as aforesaid, involves imminent risk of serious bodily injury, make an interim order prohibiting cither absolutely or subject to conditions, the use, carrying on or doing thereof until the earliest opportunity for hearing and determining the complaint. 141 Power of court of summary jurisdiction to make orders as to dangerous conditions and practice. 142 Ch. 30. No. 2.] Factories. PART V HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND REGULATIONS). Special Provisions. Hrobibition 30. (1) No person shall use white phosphorus in the of use of . “ype . 7 e white phos. Manufacture of matches. horus in : > . : : veanufacture (2) For the purposes of this Part of this Ordinance of matehe. — the expression ‘“ white phosphorus ”’ means the substance usually known as white or yellow phosphorus. 31. In every Jaundry— (a) effective steps shall be taken by means of a fan or otherwise to regulate the temperature in every ironing room, and to carry away the steam in every wash-house ; (d) all stoves for heating irons shall be so separated from any ironing room or ironing table as to protect the workers from the heat thereof; (c) no self-heating iron emitting any noxious fumes shall be used. 32. A voung person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him. Regulations and Orders. Power of 33. (1) The Governor in Council may make regulations ceverner or orders for the purposes of promoting the health, safety e oO make and welfare of employed persons, and for exempting resulvtions occupiers, owners and other persons from any of the ° “provisions of this Ordinance in any case where he is satisfied that any such provision is not necessary for the purposes aforesaid. (2) Without prejudice to the generality of the powers conferred by subsection (1) of this section, regulations or orders so made may, among other things— (a) prohibit the employment of, or regulate or limit the hours of employment of, all persons or any class of persons ; Factories. (Ch. 30. No. 2. (b) modify, vary, extend, or limit any of the provisions of this Ordinance; (c) impose conditions on the use of, or require anything to be done to or in connection with the ways, works, machinery, or plant or any class or description of machine, machinery, or plant; (d) prohibit the employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection with any manufacture, machinery, plant, process or description of manual labour; (e) prohibit, limit, er control the use of any material OF Process ; (f) require special supervision, control, training, or inspection of all persons or any class of persons in connection with any manufacture, machinery, plant, process, or description of manual labour; (g) require the provision of protective clothing, welfare facilities, or any other thing to promote the health and welfare of all persons or any class of persons employed; (hk) impose duties on owners or hirers, employed persons and other persons, as well as on occupiers: Provided that before any regulation or order is made embodying any of the provisions of paragraphs (c), (d), (e), (f), (g), or (hk) of this subsection, the Governor in Council shall satisfy himself that such provisions are necessary or, in the case of the provisions of paragraph (g) aforesaid, that they are desirable and reasonably practicable. (3) Regulations or orders so made may apply to all factories or other premises or places to which this Ordinance applies or to any class or description of factories or premises or places as aforesaid, and may provide for the exemption of any specified class or description of persons, or of factories or premises or places as aforesaid, either absolutely or subject to conditions. 34. (1) Where in a factory or other premises or place to which this Ordinance applies the Governor is satisfied that any manufacture, machinery, plant, process, or description of manual labour used is of such a nature as to cause risk of bodily injury to, or be detrimental to the 143 Power of Governor to make orders, 144 Ch. 30. No. 2.] Factories. welfare of, persons employed in connection therewith, or any class of those persons, he may, subject to the pro- visions of this Ordinance, make such an order as appears to him to be reasonably practicable and to meet the necessity of the case. (2) An order so made may, among other things— (a) prohibit the employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection with any manufacture, machinery, plant, process, or description of manual Jabour; or (b) prohibit, limit, or control the use of any material or process; or (c) modify, vary, or extend with respect to all persons or any class of persons employed such pro- visions of this Ordinance and any regulations or orders made thereunder as impose requirements as to health, safety, or welfare; or (d@) exempt, subject to such conditions as_ the Governor may consider necessary, any factory or part of a factory from any of the provisions of this Ordinance or of any regulations or orders made thereunder which impose requirements as to health or welfare ; and may impose duties on owners or hirers, employed persons and other persons, as well as on occupiers. (3) An order so made may provide for the exempticn of any specified class or description of persons either absolutely or subject to conditions. Supplementary Provisions. Drohibition 35. (1) It shall not be lawful to import into the Colony of importa- matches made with white phosphorus. tion and sale Oe (2) Where by any regulations or orders made under prohibited this Ordinance the use of any material or process is materials. prohibited, the Governor in Council may by order prohibit the importation into the Colony of any articles in the manufacture of which the material or process has been employed. Factories. [Ch. 30. No. 2. (3) Any article the importation of which is pro- hibited by or under this section shall be deemed to be included amongst the goods enumerated and described in the list of prohibitions and restrictions contained in section 38 of the Customs Ordinance and in the several proclamations issued thereunder. (4) Any person who sells or offers or exposes for sale, or has in his possession for purposes of sale, any article the importation of which is prohibited by or under this section, shall be guilty of an offence, and shall, in addition to his liability in respect of the offence, forfeit any such article in his possession, and any article so forfeited shall be destroyed or otherwise dealt with as the court may think fit. 36. (1) An inspector may at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person, in the factory, take for analysis sufficient samples of any material in use or mixed for use in the manufacture of matches, or of any substance used or intended to be used in a factory being a substance in respect of which he suspects a contravention of any provision of this Ordinance or of any regulations or orders made thereunder, or which in his opinion is likely to cause bodily injury to the persons employed. (2) The occupier or the foreman or other responsible person aforesaid may, at the time when a sample is taken under this section, and on providing the necessary appli- ances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and— (a) to deliver one part to the occupier, or the foreman or other responsible person aforesaid; (6) to retain one part for future comparison; (c) to submit one part to the analyst; and any analysis under this section shall be carried out by a Government department. (3) A certificate purporting to be a certificate by the Government Chemist as to the result of an analysis of a sample under this section shall in any proceedings T.—IV. 10 145 Power to take samples. 146 Ch. 30. No. 2.] Factories. Notification of industrial discases. under this Ordinance be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness. (4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Ordinance, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence and liable to a fine of two hundred and forty dollars. PART VI. NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL DISEASES. 37. (1) Where any accident occurs in a factory which either— (a) causes loss of life to a person employed in that factory; or (b) disables any such person for more than three days from earning full wages at the work at which he was employed, written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the inspector for the district. (2) Where any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the inspector for the district by the occupier of the factory as soon as the death comes to his knowledge. (3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence and liable to a fine of forty-eight dollars. 38. (1) Every medical practitioner attending on or called in to visit a patient whom he believes to be suffering Factories. (Ch. 30. No. 2. from lead, phosphorus, arsenical, mercurial, benzene Or aniline poisoning, or anthrax, or epitheliomatous ulceration of the skin, contracted in any factory, shall forthwith send addressed to ‘‘ The Senior Inspector of Factories, Department of the Commissioner of Labour, Port-of- Spain ’’, a notice stating the name and full postal address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the factory in which he is or was last employed, and shall be entitled in respect of every notice sent in pursuance of this section to a fee of sixty cents to be paid as part of the expenses incurred by the Government in the execution of this Ordinance. (2) If, in contravention of the provisions of this section, any medical practitioner fails to send any notice in accordance with the requirements thereof, he shall be liable to a fine of ten dollars. (3) Written notice of every suspected case of lead, phosphorus, arsenical, mercurial, benzene or aniline poison- ing, or anthrax, or epitheliomatous ulceration of the skin, occurring in a factory shall forthwith be sent by the occupier in the prescribed form and accompanied by the prescribed particulars to the inspector for the district and to the examining surgeon, and the provisions of this Ordinance with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions. 39. (1) Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or disease of which notice is required by this Ordinance to be given, the coroner shall adjourn the inquest unless an inspector is present to watch the pro- ceedings, and shall, at least four days before holding the adjourned inquest, send to the inspector for the district notice in writing of the time and place of holding the adjourned inquest: Provided that the coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof. (2) The coroner shall, at least forty-eight hours before holding an inquest as aforesaid other than an 10 (2) 147 Inquest in case of death by accident or industrial disease. 148 Power to direct formal investigation of accidents and cases of disease, Ch. 30. No. 2.] Factories. adjourned inquest, send to the inspector for the district notice in writing of the time and place of holding the inquest. (3) The following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, at any such inquest as aforesaid, be entitled to examine any witness either in person or by counsel, solicitor or agent, that is to say, an inspector, any relative of the person in respect of whose death the inquest is being held, the occupier of the factory in which the accident or discase occurred or was contracted, and any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the factory belongs, or by any association of employers of which the occupier is a member. (4) Where evidence is given at any such inquest at which an inspector is not present of any neglect as having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the coroner to require a remedy, the coroner shall send to the inspector for the district notice in writing of the neglect or defect. 40. (1) The Governor may, where he considers it expedient so to do, direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a factory and of its causes and circumstances, and with respect to any such investigation the following provisions shall have effect— (a) the Governor may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation; (b) the person or persons so appointed (hereinafter in this section referred to as ‘‘ the court ’’) shall hold the investigation in open court in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances Factories. [Ch. 30. No. 2. of the accident or case of disease, and for enabling the court to make the report in this section mentioned ; (c) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction when acting as a court in hearing informa- tions for offences under this Ordinance, and all the powers of an inspector under this Ordinance, and, in addition, power — (i) to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes; (ii) by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such enquiries as it thinks fit to make; (iii) to require the production of all books, papers, and documents which it considers impor- tant for the said purposes; (iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination; (d) persons attending as witnesses before the court shall be allowed such expenses as would be allowed, under the authority of the Criminal Procedure Ordi- nance, to witnesses attending before the Supreme Court; and in case of dispute as to the amount to be allowed the dispute shall be referred by the court to a Judge of the Supreme Court who, on request signed by the court, shall ascertain and certify the proper amount of the expenses; (e) the court shall make a report to the Governor stating the causes and circumstances of the accident or case of disease, and adding any observations which the court thinks right to make; (f) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, 149 150 Duty of examining surgeon to investigate and report in certain cases. Ch. 30. No. 2.) Factories. by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Government in the execution of this Ordinance; (g) any person who without reasonable excuse (proof whereof shall lic on him) either fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisiticn of the court, or prevents or impedes the court in the execution of its duty, shall be guilty of an offence, and liable on conviction thereof to a fine of forty-eight dollars and, in the case of a failure to comply with a requisition for making any retum or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall (subject to the provisions of section 71 of this Ordinance) be guilty of a further offence and hable to a fine of forty-eight dollars for every day on which the failure was so continued. (2) The Governor may cause the report of the court to be made public at such time and in such manner as he thinks fit. 41. (1) It shall be the duty of the examining surgeon to investigate and report—— (a) upon cases of death or injury caused by exposure in a factory to fumes or other noxious substances, or due to any other special cause specified in instruc- tions of the Governor as requiring investigation; and (b) upon any case of death or injury which the inspector for the district in pursuance of any gencral or special instructions of the Governor may refer to him for that purpose; and (c) upon any case of disease of which he receives notice under this Ordinance. (2) The examining surgeon, for the purpose of an investigation under this section, shall have the like powers a an inspector, including power to enter any room in a Factories. fCh. 30. No. 2. building to which the person killed, injured, or affected has been removed. PART VII. EMPLOYMENT OF WOMEN AND YOUNG PERSONS AND PROHIBITION OF EMPLOYMENT OF CHILDREN. Employment of Women and Young Persons. 42. No woman or young person shall be employed in a factory otherwise than in accordance with any regulations or orders which may be made by the Governor in Council under section 33 of this Ordinance or any order made by the Governor under section 34 of this Ordinance. Prohibition of Employment of Children. 43. No child shall be employed in any factory, or in the business of a factory outside the factory, or in any business, trade, or process, ancillary to the business of a factory. PART VIII. SPECIAL APPLICATIONS AND EXTENSIONS. Premises tn respect of which Owner ts liable. 44. Where part of a building is let off as a separate factory, the provisions of Part III of this Ordinance with respect to cleanliness and lighting, and the provisions of Part IV of this Ordinance with respect to prime movers, transmission machinery, hoists and lifts, steam boilers, and the construction and maintenance of floors, passages and stairs, and any regulations or orders made in pursuance of any of the said provisions, shall apply to any part of the building used for the purposes of the factory but not comprised therein, and the owner of the building shall be responsible for any contravention of the said provisions and shall also be responsible, instead of the occupier of the factory, for any contravention as respects the factory of the provisions of Part III of this Ordinance with respect to sanitary conveniences and the provisions of Part IV of this Ordinance with respect to hoists and lifts, steam boilers, means of escape in case of fire, and safety provisions in case of fire, and of any regulations or orders made in pursuance of any of the said provisions, and for the purposes 151 Employment of women and young persons in factories. Prohibition of employ- ment of children in factories. Premises whire part of building is separate factory. 152 Electric: stations, Ch. 30. No. 2.] Factories. of the last named provisions with respect to means of escape in case of fire and safety provisions in case of fire, the factory shall be deemed to include any part of the building used for the purpose of the factory: Provided that the owner shall be responsible for the cleanliness of sanitary conveniences only when used in common by several tenants, and shall be responsible for any contravention of the provisions, regulations or orders relating to hoists and lifts, steam boilers, means of escape in case of fire, and safety provisions in case of fire, only in so far as the said provisions, regulations or orders relate to matters within his control. Electrical Stations. 45. (1) The provisions of this Ordinance shall apply to any premises in which persons are regularly employed in or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed im the premises in or in connection with any such process or operation were the occupier of a factory. (2) The provisions of this Ordinance shall also apply to any other premises in which any such processes or operations as aforesaid are carried on or performed for such supply as aforesaid, being premises large enough to admit the entrance of.a person after the machinery or plant therein is in position, as if the premises were a fac- tory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory. (3) No such premises as aforesaid shall be excluded from the provisions of this section by reason of the pro- cesses or operations being carried on, or the machinery or plant being situated, entirely or partially in the open air. (+) Subsections (1) and (2) of this section shall not, except in so far as the Governor in Council may by order direct, apply to any premises where the aforesaid processes Factories. [Ch. 30. No. 2. or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes. (5) For the purposes of the definition in section 2 of this Ordinance of the expression ‘‘ factory "’, electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Ordinance to factories within the meaning of that definition. Institutions. 46. (1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Ordinance and any regulations or orders made thereunder shall, subject as hereinafter in this section provided, apply to those premises. (2) If in any such institution to which this Ordinance applies the persons having the control of the institution (hereinafter referred to as the managers) satisfy the Governor that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work as aforesaid is carried on in good faith for the purposes of the support, education, training, or reformation of persons engaged in it, the Governor may by order direct that so long as the order is in force this Ordinance shall apply to the institution subject to the following modifications :—- (a) the managers may submit for the approval of the Governor a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the inmates, and if the Governor is satisfied that the provisions of the scheme are not less favourable to the inmates than the corresponding provisions of regula- tions made under this Ordinance, the Governor may 153 Application of Ordinance to institu- tions. 154 Ch. 30. No. 2.] Factories. approve the scheme, and upon the scheme being so approved this Ordinance shall, until the approval is revoked, apply as if the provisions of the scheme were substituted for the corresponding provisions of the regulations aforesaid ; (6) the medical officer of the institution (if any) may, on the application of the managers, be appointed to be the examining surgeon for the institution; (c) the provisions of Part X of this Ordinance as to the posting of an abstract and notices shall not apply, but among the particulars required to be shown in the general register there shall be included the prescribed particulars of the scheme, or where no scheme is in force the prescribed particulars as to hours of employment, intervals for meals or rest, and holidays, and other matters dealt with in this Ordinance or in any regulations or orders made thereunder; (7) in the case of premises forming part of an institution carried on for reformatory purposes an inspector shall not, without the consent of the managers or of the person having charge of the institution under the managers, examine an inmate of the institution save in the presence of one of the managers or of such person as aforesaid: Provided that the Governor, on being satisfied that there is reason to believe that a contravention of the provisions of this Ordinance, or of any regulations or orders made thereunder, is taking place in any such institution, may suspend the operation of this paragraph as respects that institution to such extent as he may consider necessary ; (e) the managers shall, not later than the 15th of January in every year, send to the senior inspector a correct return in the prescribed form, specifying the names of the managers and the name of the person (if any) having charge of the institution under the managers, and such particulars as to the number, age, sex, and employment of the inmates and other persons employed in the work carried on in the institu- tion as may be prescribed, and shall, if they fail to do so, be guilty of an offence and liable to a fine of twenty-four dollars. Factories. [Ch. 30. No. 2. (3) This Ordinance shall not, except in so far as the Governor may by order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of a Government department. Docks, Wharves, Quays, Warehouses and Ships. 47. (1) The provisions of this Ordinance hereinafter in this subsection mentioned shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of the Trinidad Government Railway) and very other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory; and as if the person having actual use or occupation of it or of any premises within it or forming part of it, were the occupier of a factory, that is to say— (a) the provisions of Part III with respect to sanitary conveniences; (5) the provisions of Part IV with respect to hoists and lifts, steam boilers, and air pressure containers so, however, that the owner of the hoist or lift, boiler, or air pressure container, as the case may be, shall, instead of the person deemed to be the occupier, be responsible for the observance of the said provisions and in the event of a contravention thereof shall be guilty of an offence; (c) the provisions of Part IV with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery in motion, and the power of a court of summary jurisdic- tion to make orders as to dangerous factories, conditions and practices; (2) the provisions of Part V with respect to the power to make regulations and orders and the power to take samples ; 155 Docks, wharves, quays and warehouses. 156 Ch. 30. No. 2.] Factories. (e) Parts VI and VII; (f) the provisions of Part VIII with respect to premises where part of a building is a separate factory; (g) the provisions of Part X with respect to the abstract of this Ordinance and notices, regulations, orders, general registers (so far as applicable), preser- vation of registers and records, duties of persons employed, prohibiticn of deductions from wages, and weights, measures and weighing and measuring instruments used in ascertaining wages; (hk) the provisions of Part XI with respect to powers and duties of inspectors and to regulations and orders of the Governor in Council or the Governor; (:) Part XII, (7) the provisions of Part XIII with respect to Crown Factories; (k) Part XIV (2) Subject as hereinafter in this subsection provided, the provisions of this Ordinance mentioned in paragraph (6) (subject to the modifications mentioned in that paragraph), in paragraph (c) (except the provisions with respect to construction and sale of new machinery), and in paragraphs (2), (e), (g), (A), (4) and (7) of the foregoing subsecticn shall apply to the processes of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory: Provided that the provisions of this Ordinance mentioned in the said paragraphs (b) and (c) shall not apply in relation to any such machinery or plant which is on board a ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in the Colony, and ordinarily used within the territorial waters of the Colony) and is the property of the ship owner: Provided also that the provisions mentioned in the said paragraph (c) with respect to construction and sale of new machinery shall not apply in relation to any such machinery which is installed or intended to be installed on board any ship. Factores. (Ch. 30. No. 2. For the purposes of this subsection, the expression ‘plant ’’ includes any gangway or ladder used by any person employed to load or unload or coal a ship. (3) The provisions of Part IV of this Ordinance with respect to dangerous ways, works or plant, con- struction and maintenance of floors, passages and stairs, safe means of access and place of employment, means of escape in case of fire, and safety provisions in case of fire shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual*use or occupation thereof were the occupier of a factory. 48. (1) Subject as hereinafter in this section provided, the provisions of this Ordinance hereinafter in this section mentioned shall apply to any work carned out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship, that is to say— (a) the provisions of Part IV with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, cleaning of machinery in motion, hoists and lifts, steam boilers, and air pressure containers: Provided that the said provisions with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, hoists and lifts, steam boilers, and air pressure con- tainers shall not apply in relation to any such machinery or plant which is on board the ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in the Colony, and ordinarily used within the territorial waters of the Colony) and is the property of the ship owner and is ordinarily used in the working of the ship; (5) the provisions of Part V with respect to the power to make regulations and orders and the power to take samples; (c) Parts VI and VII; 157 Construc- tion, repair, breaking up, etc., of ships. 158 Building operations and works of engineering construction, Ch. 30. No. 2.] Factories. (d) the provisions of Part X with respect to general registers (so far as applicable), preservation of registers and records, dutics of persons employed and the prohibition of deductions from wages; (ec) the provisions of Part XI with respect to powers and duties of inspectors and to regulations and orders of the Governor in Council or the Governor; (f) Part AIT; (g) the provisions of Part AIII with respect to Crown Factories; (kh) Part XIV and for the purpose of such provisions the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory. (2) Nothing in this Ordinance shall apply to any such work as aforesaid done by the master or crew of a ship or done on board a ship during a trial mun. Works of Building and Engineering Construction. 49. (1) Subject as heremafter in this section provided, the provisions of this Ordinance hereimafter in this sub- section mentioned shall apply to building operations and works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereot and is not part of the Trinidad Government Railway that is to say— (a) the provisions of Part II] with respect to sanitary conveniences; (b) the provisions of Part IV with respect to prime movers, transmission machinery, other machinery construction and maintenance of fencing, construction, and sale of new machinery, cleaning of machinery in motion, steam boilers, air pressure containers and the power of a court of summary jurisdiction to make orders as to dangerous conditions and practices; (c) the provisions of Part V with respect to the power to make regulations and orders and the power to take samples ; I‘actortes. [Ch. 30. No. 2. (d) Parts VI and VIT; (c) the provisions of Part N with respect to the abstract of this Ordinance and notices, regulations, orders, general registers (so far as applicable), preserva- tion of registers and records, duties of persons employed, and the prohibition of deductions from wages; (f) the provisions of Part XI with respect to powers and duties of inspectors and local health authorities and to regulations and orders of the Governor in Council or the Governor: Provided that no order made under the provisions of this Ordinance with respect to the powers of a court of summary jurisdiction to make orders as to dangerous conditions and practices, and no regulations or orders made under Part V of this Ordinance, shall opcrate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge being a method which is not inconsistent with the safety of the works or of the persons employed, (g) Parts NII, XIII and XIV (2) The provisions of this Ordinance in their applica- tion to building operations and works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Ordinance applics were the occupier of a factory: Provided that such of the provisions of this Ordinance as require general registers to be kept and copics of the prescribed abstract of this Ordinance and of regulations or orders or the prescribed abstract of such regulations or orders to be kept posted up on the premises, shall be deemed to be complied with as respects building operations and works of engineering construction if the general register is kept at an office of the person undertaking the said operations or works, and copies of the abstract of this Ordinance and of the regulations or orders or abstract thereof are kept posted up at each office, yard, or shop, of the person undertaking the operations or works at 159 160 Lists of out- workers to be kept in cer- tain trades. Ch. 30. No. 2.] Factories. which persons employed by him on the operations or works attend, and in a position where they can easily be read by such persons. (3) Any person undertaking any building operations or works of engineering construction to which this Ordinance applies shall, not later than seven days after the beginning thereof, serve on the inspector for the district a written notice stating the name and postal address of the person so undertaking the operations or works, the place and nature of the operations or works, whether any mechanical power is used and, if so, its nature, the name of the local health authority within whose district the operations or works are situated and such other particulars as may be prescribed: Provided that (a) this subsection shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the senior inspector may direct, and (b) where a person undertakes any building opera- tions or works of engineering construction in a place where such operations or works are in progress, he shall not be required to give such a notice as aforesaid if a notice was given in respect of the operations or works in progress. PART IN. HoME WorK. 50. (1) In the case of persons employed in such classes of work as may from time to time be specified by order of the Governor, the occupier of every factory and every contractor employed by any such occupier in the business of the factory shall— (a) keep in the prescribed form and manner, and with the prescribed particulars, lists showing the names and addresses of all persons (hereinafter referred to as outworkers) directly employed by him, either as workers or as contractors, in the business of the factory, outside the factory, and of the places where they are employed; and Factories. [Ch. 30. No. 2. (b) send to an inspector such copies of or extracts from those lists as the inspector may from time to time require; and (c) send to the local health authority during the month of February and the month of August in cach year copies of those lists, showing all outworkers so employed by him during the preceding six months. (2) Every local health authority shall cause the lists received by the authority in pursuance of this section to be examined, -and shall furnish the name and place of employment of every outworker included in any such list whose place of employment is outside the district of the authority to the authority in whose district the outworker’s place of employment is. (3) The lists kept by the occupier or contractor shall be open to inspection by any inspector, and by any officer duly authorised by the local health authority, and the copies sent to the authority and the particulars furnished by one authority to another shall be open to inspection by any inspector or officer of any Government department. (4) This section shall apply to any place from which any work is given out in connection with the business of a factory (whether the materials for the work are supplied by the occupier or not), and to the occupier of that place, and to every contractor employed by the occupier in connection with the said work, as if that place were a factory (5) In the event of a contravention of this section by the occupier of a factory or place or by a contractor the occupier or contractor shall be guilty of an offence and liable to a fine of forty-eight dollars. 51. (1) Where work in respect of which the last preceding section applies is carried on for the purpose of or in con- nection with the business of a factory in any place which is, in the opinion of the local health authority, injurious or dangerous to the health of the persons employed thercin, the local health authority may give notice in writing to the occupier of the factory, or to any contractor employed by him, setting forth particulars of the respects in which T—IV, 11 161 Employrrent of persons in unwhole- some premises. 162 Notice of occupation of factory, and use of mechanical power. Posting of abstract of Ordinance and regula- tions, orders and notices. Ch. 30. No. 2.] Factories. the place is, in their opinion, so injurious or dangerous, and the reasons for that opinion and, if the occupier or contractor after the expiration of ten days from the receipt of such notice gives out work to be done in that place, he shall, unless it is proved to the satisfaction of the court dealing with the case that the place is not injurious or dangerous in the respects set forth in the notice, be guilty of an offence. (2) For the purpose of this section, any place from which work is given out shall be deemed to be a factory, PART N. MISCELLANEOUS. 52. (1) Every person shall, within one month after he begins to occupy, or to use any premises as, a factory, serve on the inspector and the local health authority for the district a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is used and, if so, its nature, the name of the local health authority within whose district the factory is situated and such other particulars as may be prescribed, and if he fails to do so, he shall be guilty of an offence and liable to a fine of one hundred dollars or five dollars for each day since the expiration of the month aforesaid, whichever is the greater. (2) Within one month of the date upon which mechanical power is, after the commencement of this Ordinance, first used in any factory, the occupicr shall serve on the inspector and the local health authority for the district a written notice stating the nature of such mechanical power. 53. (1) There shall be kept posted at the principal entrances of a factory at which employed persons enter— (a) the prescribed abstract of this Ordinance; and (b) a notice of the address of the inspector for the district and the senior inspector; and Factories. [Ch. 30. No. 2. (c) anotice of the name and address of the examining surgeon for the factory; and (d) a notice specifying the clock (if any) by which the period of employment and intervals for meals and rest in the factory are regulated; and (ec) printed copics of all regulations or orders for the time being in force in the factory or the prescribed abstract of such regulations or orders; and (f) every notice and document required by this Ordinance to be posted in the factory: Provided that an inspector may direct that all or any of the aforesaid documents shall be posted in such parts of the factory, either in addition to or in substitution for the said principal entrances, as he may direct. (2) All such documents shall be posted in such characters and in such positions as to be conveniently read by persons employed in the factory and if a form has been preseribed for any document, it shall be posted in that form. (3) A printed copy of all such regulations or orders as aforesaid shall be given by the occupier to any person affected thereby on his application. (4) If any person pulls down, injures or defaces any abstract, notice, regulations or other document posted in pursuance of this Ordinance, he shall be guilty of an offence and liable to a fine of twenty-four dollars. 54. (1) There shall be kept in every factory, or in such place outside the factory as may be approved by the imspector for the district, a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register— (a) the prescribed particulars as to the young persons employed in the factory; and (6) the prescribed particulars as to the washing, white-washing or colour washing, painting or varnish- ing, of the factory; and (c) the prescribed particulars as to every accident and case of industrial disease occurring in the factory 11 (2) 163 Gencral registers. 164 Preservation of registers and records. Periodic: return © persons employed. Ch. 30. No. 2.] Factories. of which notice is required to be sent to an inspector; and (d) all reports and particulars required by any other provision of this Ordinance or of any regulations or orders made thereunder to be entered in or attached to the general register; and (ec) such other matters with respect to the provisions of this Ordinance or of any regulations or orders made thereunder as may be prescribed. (2) There shall be attached to the general register a copy of the certificate of the fire authority relating to means of escape in the case of fire. (3) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Ordinance. 55. The general register and every other register or record kept in) pursuance of this Ordinance shall be preserved and shall be kept available for inspection by any inspector or by the examining surgeon for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record. 56. (1) The occupier of every factory shall, at intervals of not less than one year, on or before such days as the Governor may direct, send to the senior inspector a correct return specifving, with respect to such day or days, or such period as the Governor may direct, the number of persons employed in the factory, and giving such particulars as may be prescribed, as to the hours of employment of women and young persons employed, as to the age, sex, and occupation of all persons employed, and as to such other matters, if any, as the Governor may direct. (2) The occupier of any place to which any pro- visions of this Ordinance apply shall, if so required by the Governor, make a like return to the senior inspector. (3) The Governor may, for the purpose of facilitating the rendering of the returns under this section by occupiers, Factories. [Ch. 30. No. 2. 165 arrange for the consolidation of those returns with any other retums which any Government department is empowered to call for from occupiers. 57. (1) No person employcd in a factory or in any other place to which any provisions of this Ordinance apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Ordinance for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Ordinance, he shall use the means or appliance. (2) No person employed in a factory or in any other place to which any provisions of this Ordinance apply shall wilfully and without reasonable cause do anything likely to endanger himself or others. (3) If any person employed in a factory or in any other place to which any provisions of this Ordinance apply wilfully and without reasonable cause neglects his duty to the extent of endangering himself or others, he shall be guilty of an offence. 58. Save as otherwise expressly provided under this Ordinance, the occupier of a factory shall not, in respect of anything to be done or provided by him in pursuance of this Ordinance, make any deduction from the sum contracted to be paid by him to any person employed, or receive, or allow any person in his employment to receive, any payment from any such person. 59. (1) Every Ordinance, regulation or order for the time being in force relating to weights and measures or weighing or measuring instruments shall extend to weights, measures, and weighing or measuring instruments used in a factory for the purpose of checking or ascertaining the wages of any person employed therein, in like manner as if they were used for trade. (2) Every inspector or other person authorised under the Ordinances, regulations or orders relating to weights and measures or weighing or measuring instruments Dutics of persons employed. Prohibition of deductions from wages. Weights, measures and weighing and measur- ing instru- ments used in ascertaining wages. 166 Penalty for disclosure of trade secrets. Appoint- ment and duties of inspectors, clerks and servants. Ch. 30. No. 2.] Factories. to inspect or examine weights and measures shall inspect, stamp, mark, search for, and examine the weights and measures and weighing and measuring instruments to which those Ordinances, regulations or orders are extended by or under this section, and for that purpose shall have the same powers and duties as he has with respect to weights, measures and instruments used for trade. 60. If any person who, in pursuance of powers conferred by this Ordinance or any regulations or orders made there- under, enters or is admitted into any factory or place discloses, without the permission of the occupier, to any person any information obtained by him in a factory or place with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence and lable toa fine of four hundred and cighty dollars or imprisonment for three months. PART NI. ADMINISTRATION. 61. (1) The Governor in Council may appoint such inspectors, clerks and servants as he thinks necessary for the execution of this Ordinanee, and may assign to them their duties, and may appoint a senior inspector with an office in Port-of-Spain, and may regulate the cases and manner in which the inspectors, or any of them, are to execute and perform the powers and duties of inspectors under this Ordinance. The officers appointed under this section shall be under the direction and control of the head of such department of Government, or otherwise, as the Governor m Council may direct. 2) Notice of the appointment of every inspector shall be published in the Royal Gazelle. (3) A person who is the occupier of a factory, or is directly or indirectly interested therein or in any process or business carried on therein, or in a patent connected therewith, or is employed in or about a factory, shall not act as an inspector. Factories. [Ch. 30. No. 2. 167 (4) An inspector shall not be liable to serve on any jury. (5) Such annual report of the proceedings of the inspectors as the Governor may direct shall be laid before the Legislative Council. 62. (1) An inspector shall, for the purpose of the sxecution of this Ordinance, have power to do all or any of the following things, that is to say— (a) to enter, inspect, and examine at all reasonable times, by day and night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used , (0) to enter any building or place in which he has reasonable cause to believe that a steam boiler, or a hoist or lift, or an air pressure container is worked or used, whether such building or place is one to which this Ordinance applies or not, (c) to take with him a constable if he has reasonable cause to apprehend any scrious obstruction in the execution of his duty; (d) to require the production of the registers, certificates, notices, and documents kept in pursuance of this Ordinance or of any regulations or orders made thereunder, and to inspect, examine, and copy any of them; (ec) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Ordinance and of any regulations or orders made thereunder and the Ordinances, regulations and orders for the time being in force relating to public health are complied with, so far as respects a factory and any persons employed in a factory and any young persons to whom any regulations or orders under this Ordinance apply; (f) to require any person whom he finds in a factory Powers of inspectors. 168 factories. to give such information as it is in his power to give as to who is the occupier of the factory; (g) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Ordinance, every person whom he finds in a factory, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory or in any employ- ment mentioned in any of the said regulations or orders under this Ordinance, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so exunined, so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to criminate himself, (hk) to exercise such other powers as may be necessary for carrying this Ordinance into effect. (2) The occupier of every factory, his agents and serviuits, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of ‘amples, or otherwise for the exercise of his powers under this Ordinance in relation to that factory (3) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuanc of this section, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Ordinance to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents, or atlempts to conceal or prevent, a person from appearing before or being examined by an Inspector that person shall be deemed to obstruct an inspector m the execution of lus duties under this Ordinance (4) Where an inspector is obstructed in the execution of his powers or duties under this Ordinance, the person obstructing him shall be guilty of an offence, and lable to a fine of forty-eight dollars; and where an inspector is so obstructed ina factory, the occupier of that factory shall be guilty of an offence. (5) Any certificate issued by the senior inspector or an inspector for a district may be issued for a limited Factores. |Ch. 30. No. 2. 169 period or without limit of period and may be varied or revoked by that inspector or his successor in office. 63. An inspector, if authorised by the Governor, may, although he is not of counsel, or a solicitor, prosecute, conduct, or defend before a court of summary jurisdiction any information, complaint, or other proceeding arising under this Ordinance, or in the discharge of his duty as inspector. 64. I’very inspector shall be furnished with the prescribed ‘ertificate of his appointment, and when visiting a factory or place to which any of the provisions of this Ordinance or any regulations or orders made thereunder apply shall, if so required, produce the said certificate to the occupier or other person holding a responsible position of manage- ment at the factory. 65. (1) The Governor may appoint a sufficient number of duly qualified medical practitioners who are members of the Medical Board of the Colony to be examining surgeons for any of the purposes of this Ordinance, and may revoke any such appointment. (2) A medical practitioner who is the occupier of a factory, or is directly or indirectly interested therein, or in any process or business carried on therein, or in a patent connected therewith, shall not act as examining surgeon for that factory: Provided that the Governor may authorise a medical practitioner who is employed by the occupier of the factory in connection with the medical supervision of persons employed in the factory, but is not otherwise interested in the factory to act as examining surgeon for that factory for the purpose of examining and certifying the fitness of young persons. (3) The examining surgeon for any factory shall have power at all reasonable times to inspect the general register of that factory. (4) The Governor may make rules regulating the duties of examining surgeons. Power of inspectors to conduet procecdings before magistrate. Certificate of appoint- ment of inspector. Appoint- ment and duties of examining surgeons. 170 Tees of exanuining surgeons. Trovisions as te local health autharitic, Ch. 30. No. 2.]} Factories. (5) An examining surgeon shall, if so directed by the Governor, make such special inquiry and examination of employed persons as may be directed. (6) Every examining surgeon shall in each year make at the prescribed time a report in the prescribed form to the head of department appointed under section 61 of this Ordinance to be in direction and control of the inspectorate, and such other officer as the Governor may direct, as to examinations made and other duties performed by him in pursuance of this Ordinance. 66. The fees to be paid to examining surgeons for carrying out their duties under this Ordinance shall, far as they relate to any examination or certificate with respect to the fitness of a young person for employmént ina factory or to any examination or medical supervision of persons employed in a factory carried out in pursuance of regulations or an order under this Ordinance, be paid by the occupier of that factory, and in any other case shall be defrayed as an expense of carrying this Ordinance into effect, and the fees shall, subject to any agreement between the examining surgeon and the occupier of a factory as respects the fees payable by the occupier, be of such amount as may be determined by the Governor. 67. (1) The medical officer of health of every local health authority shall (a) in his annual report to the authority report speeHically on the administration of, and furnish the preseribed particulars with respect to, the matters under Part IIT and Part IX of this Ordinance which are administered by the local health authority, and shall send a copy of his annual report or so much of it as deals with those matters to the Central Board of Health and the head of department appointed under section 61 of this Ordinance to be in direction and control of the inspectorate; and (b) give written notice to the inspector for the district of any factory coming to his knowledge in which no abstract of this Ordinance is affixed in accordance with this Ordinance. Factories, [Ch. 30. No. 2. 171 (2) An officer of any local health authority appointed for the purpose of inspection of factories shall give a written notice to the inspector for the district of any factory coming to his knowledge in which no abstract of this Ordinance is affixed in accordance with this Ordinance. (3) For the purpose of their dutics under this Ordinance, a local health authority and their officers shall, without prejudice to their other powers, have all such powers of entry, inspection, taking legal proceedings, or otherwise, as an inspector has; and accordingly in relation to their said duties the provisions of this Ordinance as to furnishing means required by an inspector, and delaying or obstructing an inspector, shall be construed as including references to such officers; but no such powers of entry or inspection shall be exercised except by officers of the authority authorised by them in writing in that behalf, cither generally or specially, and any such officer shall if so required produce his authority to the occupier or other person holding a responsible position of management at the factory. 68. (1) The provisions contained in the Schedule to this Ordinance shall apply to all regulations made by the Governor in Council under this Ordinance, (2) Any regulations or orders made by the Governor in Council under this Ordinance may be made for a limited period or without limit of period and may be made subject to such conditions as he thinks fit, and may contain such supplemental and consequential provisions as he considers necessary for giving full effect to the regulations or orders. (3) Any order made by the Governor under this Ordinance may be made for a limited period or without limit of period and may be made subject to such conditions as he thinks fit, and may contain such supplemental and consequential provisions as he considers necessary for giving full effect to the order. Provisions as to regula. lions and orders by Governor in Council or Governor, Schedule. 172 Fines for olfences for which no express penalty provided. Ch. 30. No. 2.] Factories. PART NII. SUPPLEMENTARY. Offence. Penalttes and Legal Proceedings. 69. (1) In the event of a contravention in or in con- nection with or in relation to a factory of any of the provisions of this Ordinance or any regulations or orders made thereunder, the occupier or (if the contravention is one in respect of which the owner is by or under thus Ordinance made responsible) the owner of the factory shall, subject as hereinafter in this Ordinance provided, be guilty of an offence, (2) In the event of a contravention by an employed person of the provisions of Part X of this Ordinance with respect to duties of persons employed, or of a contravention by any person of any regulation or order made under this Ordinance which expressly Impose. any duty upon him, that person shall be guilty of an offence and the occupier or owner, the case mi w obe, shall not be guilty of an offence in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention. (3) If any persons are employed in a factory other- Wise than ino accordance with the provisions of this Ordinance or of any regulations or orders made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed. (4) Where an offence under this Ordinance committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any Neglect on the part of, zur director, manager, secretary, or other officer of the company he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 70. Subject as hereinafter in this Ordinance provided, any person guilty of an offence under this Ordinance for which no expre. penalty is provided by this Ordinance shall be liable to a fine of one hundred and twenty dollars, Factories. (Ch. 30. No. 2. and, if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to the provisions of section 71 of this Ordinance) be guilty of a further offence and lable to a fine of twenty-four dollars for cach day on which the contravention was so continued. 71. Where the occupier or owner of a factory is convicted of an offence under this Ordinance, the court may, in addition to or instead of inflicting a fine, order him, within the ime specified in the order, to take such steps as may he so specified for remedying the matters in respect of which the contravention occurred, and may, on applica- tion, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Ordinance in respect of the continuation of the contraven- tion during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine of twenty-four dollars for each day on which the non- compliance continues. 72. If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Ordinance or of any regulations or orders made thereunder, the occupier or owner of the factory shall, without prejudice to any other penalty, be liable to a fine of four hundred and eighty dollars, and the whole or any part of the fine may be applied for the benefit of the injured person or his family or otherwise as the Governor determines: Provided that—— (a) in the case of injury to health, the occupier or owner shall not be liable to a fine under this section unless the injury was caused directly by the contra- vention; and (b) the occupier or owner shall not be liable to a fine under this section if an information against him under this Ordinance in respect of the act or default Power of court to order cause of contra- vention to be remedied. Fines in case of death or injury. 174 Forgery certificate. false entric. and false decliratiotis Ch. 30. No. 2.) Factories. by which the death or injury was caused has been heard and dismissed before the death or injury occurred. 73. Wf a child is employed in contravention of the provisions of Part VIT of this Ordinance or a young person is cmploved in any factory or place in contravention of the provisions of this Ordinance or any regulations or orders made thereunder, the parent of the child or young person, as the case may be, shall be guilty of an offence and lable to a fine of twenty-four dollars, unless it appears to the court that the contravention occurred without the consent, connivance, or wilful default of the parent. 74. If any person— (a) forge. or counterfeits any certificate required by, under, or for the purposes of, this Ordinance or any regulations or orders made thereunder ; (b) gives or signs any such certificate knowing ito be false in any material particular; (c) knowingly utters or makes use of any such certificate so forged, counterfeited, or false as afore- maid; (7) knowingly utters or makes use of as applying to any person any such certificate which does not so apply ; (¢) personates any person named in any such certificate ; (f) falsely pretends to be an inspector; (g) wilfully connives at any such forging, counter- feiting, giving, signing, uttering, making use, per- sonating or pretending as aforesaid; (k) wilfully makes a false entry in any registcr, notice, certificate, or document required by, under, or for the purposes of, this Ordinance or any regulations or orders made thereunder to be kept or served or sent ; (*) wilfully makes or signs a false declaration required by, under, or for the purposes of, this Factories. [Ch. 30. No. 2. Ordinance or any regulations or orders made there- under ; (7) knowingly makes use of any such false entry or declaration as aforesaid, he shall, without prejudice to any other penalty, be guilty of an offence under this Ordinance, and liable to a fine of four hundred and cighty dollars, or to imprisonment for three months. 75. Where an act or default for which an occupier or owner is liable under this Ordinance is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker or other person shall be guilty of an offence and liable to the like fine as if he were the occupier or owner, as the case may be. 76. (1) Where the occupier or owner of a factory is charged with an offence under this Ordinance, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the com- nussion of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the court—- (a) that he has used all due diligence to enforce the execution of this Ordinance and of any relevant regulations or orders made thereunder, and (6) that the said other person had committed the offence in question without his consent, connivance, or wilful default, that other person shall be summarily convicted of the offence, and the occupier or owner shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. The prosecution shall have the right in any such case to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence. 175 Penalty on persons actually committing offence for which occupier is liable. Power of occupier or owner to exempt him- self from liability on conviction of the actual offender 176 Proceedings against persons other than eccupiers or owners, Owner of machine liable in certain cases Instead of ‘upier. Ch. 30. No. 2.] Factories. (2) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence— (a) that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Ordinance; and (>) by what person the offence has been committed, and (c) that it has been committed without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders, the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or owner of the factory. 77. Where, under this Ordinance, any person is sub- stituted for the occupier or owner with respect to any provisions of this Ordinance or any regulations or orders made thereunder, any order, summons, notice, or pro- ceding, which for the purpose of any of those provisions is by or under this Ordinance required or authorised to be served on or taken in relation to the occupier or owner, is hereby required or authorised (as the case may be) to be served on or taken in relation to that person, 78. Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence under this Ordinance committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory. 79. (1) All offences under this Ordinance shall be prosecuted and all fines under this Ordinance shall be recovered summarily (2) In any proceedings under this Ordinance it shall be sufficient in the information to allege that the factory is a factory within the meaning of this Ordinance and to state the name of the ostensible occupier of the Factones. (Ch. 30. No. 2. factory, or, where the occupier is a firm, the title of the firm. (3) The court shall, in any proceedings under this Ordinance, cause minutes of the evidence to be taken and preserved. (4) Where, with respect to or in consequence of any accident in a factory, a report is made by the court appointed to hold a formal investigation under this Ordinance, or a coroner’s inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Ordinance or any regulations or orders made thereunder were not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be com- menced at any time within six months after the making of the report or the conclusion of the inquest. (5) Where any offence is committed under this Ordinance by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Ordinance or any regulations or orders made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be. (6) Subject to the provisions of section 67 of the Summary Courts Ordinance all fines imposed under this Ordinance shall, save as otherwise expressly provided for by this Ordinance, be paid into the Treasury. (7) Where a proceeding is taken before a court of summary jurisdiction with respect to an offence under this Ordinance alleged to be committed in or with reference to a factory, no Magistrate shall be qualified to hear and determine the case who is the husband, parent, guardian, son or brother of the occupier or owner of the factory, or has an interest in the factory. 80. Any person aggrieved by an order made by a court of summary jurisdiction on determining a complaint under this Ordinance may appeal therefrom to the Supreme Court. T. -Iv. 12 177 Appeal from orders made on com- plaint. 178 Ch. 30. No. 2.] Factories, Special provisions as to evidence. Service and sending of documents, ete. 81. (1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Ordinance to have been then employed in the factory: Provided that this subsection shall not apply to a factory in which the only persons employed are members of the same family dwelling there. (2) Where in any proceedings under this Ordinance with respect to a young person it appears to the court that that young person is apparently of or below the age alleged by the informant, it shall lie on the defendant to prove that the young person is not of or below that age. (3) Where any entry is_ required by this Ordinance or by any regulations or orders made thereunder to be made in the general register or m any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entrv so required with respect to the observance of any provision of this Ordinance or of any regulations or orders made thereunder has not been made, shall be admissible as evidence that that provision has not been observed. 82. (1) Any document (including any summons or order) required or authorised to be served under this Ordinance may be served (a) on any person by delivering it to him, or by leaving it at, or sending it by registered post to, his residence (6) on any firm by delivering it to any partner of the firm, or leaving it at, or sending it by registered post to, the office of the firm, (c) on the owner or occupier of a factory (including any such owner or occupier being a company to which the Companies Ordinance applies), in any such manner as aforesaid, or by delivering it, or a true copy thereof, to any person in a position of responsibility at the factory (2) Any such document may be addressed for the purpose of the service thereof on the occupier of a factory, lactories, (Ch. 30. No. 2. to. the occupier at the proper postal address of the factory, without further name or description. (3) The foregoing provisions of this section shall upply with the necessary modifications to documents required or authorised under this Ordinance to be sent to any person, firm, owner or occupier, and to the sending, addressing, and delivery of such documents. 83. Where the age of any person is required to be ascertained or proved for the purposes of this Ordinance any person shall, on presenting a written requisition in such form and containing such particulars as may be trom time to time prescribed and on payment of a fee of twelve cents be entitled to obtain a certified extract under the hand of a registrar or superintendent registrar of the entry in the register under the Births and Deaths Registration Ordinance of the birth of that person; and such form of requisition shall on request be supplied without charge by every superintendent registrar and registrar of births, deaths and marriage. 84. If by reason of an agreement between the owner and the oecupier of premises, the whole or any part of which has been Iet as a factory, the said owner or occupier is prevented from carrying out any structural or other altcra- lions in the premises which are necessary to enable him to ‘comply with the provisions of this Ordinance or any regula- tions or orders made thereunder, or in order to conform with any standard or requirement imposed by or under this Ordinance, he may apply to a court of summary Jurisdiction, and the court, after hearing the parties and any witnesses whom they desire to call, may make such an urder setting aside or modifying the terms of the agreement as the court considers just and equitable in the circum- stances of the case. 85. Where in any premises the whole or any part of which has been let as a factory any structural or other alterations are required in order to comply with the provisions of this Ordinance or any regulations or orders made thereunder, or in order to conform with any standard 12 (2) 179 Certificates of birth. Power of court to modify agreements, Power of court to apportion expenses. 180 General application of Ordinance. Application to factories belonging to the Crown. Ch. 30. No. 2.] Factortes. or requirement imposed by or under this Ordinance, and the owner or occupier as the case may be alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to a court of summary jurisdiction, and the court, after hearing the parties and any witnesses whom they desire to call, may make such an order concerning the expenses or their apportionment as the court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court may at the request of the owner or occupier determine the lease. PART NXIII. APPLICATION OF ORDINANCE. 86. Save as in this Ordinance otherwise expressly provided, the provisions of this Ordinance shall apply only to factories, as defined by this Ordinance, but shall, except where the contrary intention appears, apply to all such factories. 87. (1) This Ordinance applies to factories belonging to or in the occupation of the Crown and to building operations and works of engineering construction under- taken by or on behalf of the Crown, but in case of any public emergency the Governor in Council may, by order, to the extent and during the period named in the order, exempt from this Ordinance any factory belonging to the Crown or any building operations or works of engineering construction undertaken by or on behalf of the Crown, or any factory in respect of work which is being done on behalf of the Crown. (2) The powers conferred by this Ordinance on a local health authority shall, in the case of a factory belonging to or m the occupation of the Crown, or building operations or works of engineering construction under- taken by or on behalf of the Crown, be exercised by an inspector under this Ordinance; and any notice required by this Ordinance to be sent to a local health authority shall in any such case be sent to the inspector for the district. Factories. 'Ch. 30. No. 2. PART XIV GENERAL. 88. Where in any premises which are subject to inspection by or under the authority of any Government department any manual labour is exercised, otherwise than for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, clean- ing, or adapting for sale, of any article, and the premises do not constitute a factory, the Governor may, if he thinks fit, instruct the department that the premises shall, as respects the matters dealt with by this Ordinance, be inspected by an inspector appointed under this Ordinance, and where such an instruction is given, such inspectors shall have, as respects such matters as aforesaid, the like right of entry and inspection as is conferred on inspectors ov other officers of the department concerned. SCHEDULE. Procedure for Making Regulations. (1) Before the Governor in Council makes any regulations, he shall publish in the Royal Gazette and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of the draft regula- tions may be obtained, and of the time (which shall be not less than twenty-one days) within which any objection made with respect to the draft regulations by or on behalf of persons affected must be sent to the Governor in Council. (2) Every objection must be in writing and state— (a) the specific grounds of objections; and (b) the omissions, additions, or modifications asked for. (3) The Governor in Council shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations, and, after doing so, he shall, unless an inquiry has been held under this Schedule, cause the amended draft to be dealt with in like manner as an original draft. (4) If after the publication of the notice with respect to any draft regulations (whether an original or amended draft) any general objection as hereinafter defined is made within the required time with respect to the draft and not withdrawn, then, unless a previous inquiry under this Schedule has been held with respect to the draft or some previous draft 181 Inspection of certain premises. (Section 68.) 182 Ch. 30. No. 2.] Factories. of the regulations vr the Governor in Council withdraws the draft regulations, he shall, before making the regulations, direct an inquiry to be held in the manner hereinafter provided. The Governor in Council may, if he thinks fit, also direct such an inquiry to be held in regard to any objection, notwithstanding that no such general objection has been made or that such a previous inquiry has been held as aforesaid. (5) Where any such inquiry is to be held as to any draft regulations, the following provisions shall have effect with respect to the inquiry— (a) the Governor in Council shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon; (6) the inquiry shall be held in public, and the senior inspector and any objector and any other person who. in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft Tegulations, may appear at the inquiry either in person or by counsel, solicitor, or agent: (ec) the witnesses may. if the person holding or presiding over the inquiry thinks fit, be examined on oath, (¢) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Governor in Council, and the rules may make provision as to the cost of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry. (6) lor the purposes of this Schedule the expression “general objection” Means, as respects any draft regulations, an objection made- (@) by or on behalf of the majority of the occupiers of the factories affected by the draft regulations, or by or on behalf of the occupier or occupiers employing a majority of the persons employed in those factories, or by any person who satisties the Governor in Council that he, or an association on behalf of which he acts, represents a majority of the persons employed in those factories; or (4) by or on behalf of the majority of the occupiers of any class or description of factories affected as respects which it appears to the Governor in Council that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of that class or description, or by or on behalf of the occupier or occupiers employing a majority of the persons employed in any such class or description of factories as aforesaid, or by any person who satisfies the Governor in Council that he, or an association on behalf of which he acts, represents a majority of the persons employed in anv such class or description of factorie, as aforesaid. Gas Cylinders (Use, Conveyance and Storage). |Ch. 30. No. 3. 183 CHAPTER 30. No. 3. GAS CYLINDERS (USE, CONVEYANCE AND STORAGE). AN ORDINANCE TO SECURE SAFETY IN THE USE, CON- VEYANCE AND STORAGE OF CYLINDERS CONTAINING GASES IN A COMPRESSED STATE. [lst September, 1949. ] Commence- ment. 1. This Ordinance may be cited as the Gas Cylinders Short title. (Use, Conveyance and Storage) Ordinance. 2. Subject as hereinafter in this Ordinance provided, no Construction cylinder shall be filled with any of the gases in a compressed anindes. state specified in the First Schedule to this Ordinance, and st Schedule. no cylinder containing any of the said gases in a com- pressed state shall be used, conveyed or stored unless the conditions and requirements of this Ordinance and of any regulations made hereunder are complied with. 3. This Ordinance shall not apply to— Exemptions. (a) any cylinder the capacity of which does not exceed twelve pounds of water; or (6) any air cylinder used in connection with the starting of an internal combustion engine; or ; (c) any air cylinder which forms part of a compressing pliant. 4. If the Governor in Council is satistied that in respect Fower of | VeTDOr 10 of any class of cylinders or any mode of conveyance any Council to of the requirements of this Ordinance or of any regulations pete or 184 requirements of Ordinance or regulations. Power of Governor in Council to add to or remove from list of gases. Regulations. 2nd Schedule. Posting up of copy of Ordinance and regula- tions in factories and power of factory inspector to enforce provisions. Ch. 30. No. 3.] Gas Cylinders (Use, Conveyance and Storage). made hereunder may be safely suspended or modified he may, by Order, authorise such suspension or modification for such period or under such conditions as he thinks fit. 5. The Governor in Council may, by order, add to or remove from the list of gases specified in the First Schedule to this Ordinance such gases as he may consider necessary to include in the list or no longer necessary so to include, as the case may be; and when any such gas is added to the list an identifying colour shall be allotted thereto which shall be specified in the order and the gas and colour shall be deemed to be included in any list of gases specified in any regulations made hereunder. 6. The Governor in Counci] may make regulations— (2) imposing requirements with respect to the testing, filling, use, conveyance and storage of cylinders to which this Ordinance applies; and (2) generally for the better carrying out of the purposes of this Ordinance: Provided that, until varied or revoked by any such regulations, the regulations contained in the Second Schedule to this Ordinance shall be in force and be deemed to have been made under the authority of this section. 7. (1) In every factory, and in every other place to which section 53 of the Factories Ordinance applies in which any cylinder is filled with any of the gases in a compressed state specified in the First Schedule to this Ordinance, or any cylinder containing any of the said gases in a compressed state is used or stored, a printed copy of this Ordinance and of any regulations made here- under shall be kept posted up in accordance with the provisions of section 53 of the Factories Ordinance. (2) In every such factory or other place as aforesaid an inspector appointed under the Factories Ordinance shall, for the purpose of enforcing the provisions of this Ordinance, have the like powers as he has for enforcing the provisions of the Factories Ordinance. Gas Cylinders (Use, Conveyance and Storage). |Ch. 30. No. 3. 8. If any person contravenes any of the provisions of this Ordinance or any regulations made hereunder he shall be hable on summary conviction to a fine of one hundred dollars. SCHEDULES. FIRST SCHEDULE. Air, argon, carbon dioxide, sulphur dioxide, carbon monoxide, coal gas, hydrogen, methane, propane, butane, neon, nitrogen and oxygen. SECOND SCHEDULE. THE GAS CYLINDERS (USE, CONVEYANCE AND STORAGE) REGULATIONS. 1, These Regulations may be cited as the Gas Cylinders (Use, Convey- ance and Storage) Regulations. 2. In these Regulations, the Ordinance means the Gas Cylinders (Use, Conveyance and Storage) Ordiffance. 3. Cylinders shall be maintained in good condition and the valves shall be securely closed so as to prevent leakage. 4. Cylinders shall be so conveyed as not to project beyond the sides or ends of the vehicle. Adequate means shall be taken to prevent cylinders coming into violent contact with each other or falling off a vehicle or other means of conveyance. This regulation shall not apply to any cylinder containing any of the gases in a compressed state specified in the First Schedule of the Ordinance carried exclusively for the purpose of, and attached to, the vehicle. 5. Cylinders shall be legibly and indelibly marked or labelled with the name of the gas and the name and address of the person by whom it was compressed. 6. The working or internal pressure shall not exceed 2,015 lb. to the square inch in any cylinder manufactured in compliance with the legal or recognised requirements of the United States of America or Canada, and shall not exceed 1,800 Ib. to the square inch in any cylinder manufactured in compliance with the legal or recognised requirements of the United Kingdom. 7. The valves of cylinders containing carbon monoxide, coal gas, hydrogen, methane, propane, or butane shall be protected against damage, either by the design of the cylinder, or by the provision of a stout metal cap or metal cover securely attached to the body of the cylinder. The 185 Penalty. (Section 2.) (Section 6.) Short title. Interpre- tation. Maintenance. Conveyance. Identifying mark or label. Working pressure. Protection of valves, 186 Lett hand screw threads for certain valves. Prohibition of grease oil, ete. Periodical examination and test. Identifying colours. Ch. 30. No. 3.) Gas Cylinders (Use, Conveyance and Storage). metal cap or cover shall be so made that it is nowhere in actual contact with any part of the valve or valve body. Every valve cap or cover shall be provided with a vent of such size as to prevent any gas pressure inside the cap or cover. 8. The valves of cylinders containing carbon monoxide, coal gas, hydrogen, methane, propane or butane shall be provided with left-handed screw threads for the pipe or other connection. 9, Grease oil and similar lubricant shall not be used in any cylinder or on any valves or other fittings of any cylinder. 10, At least once in every two years each cylinder shall be subjected by the person who fills it with compressed gas to the hydraulic test specified in the Schedule to these Regulations. Prior to any such test the cylinder shall be thoroughly cleaned and examined externally and, so far as practicable, internally for surface defects, corrosion and foreign matter. Where internal rust or foreign matter is observed the cylinder, prior to the hydraulic test, shall be heated to a temperature not exceeding 300° C. and again cleaned and examined. After each hydraulic test and before being filled with compressed gas the cylinder shall be thoroughly cleaned and dried internally, and shall be stamped on the shoulder below the neck or on a brass tag securely fastened to the neck with marks and figures indicating the person and the date of the test as specified in clause 3 of the said Schedule. Any cylinder which fails to pass the test shall not be filled with any compressed gas to which the Ordinance applies. Provided that in the case of cylinders used solely for liquid carbon dioxide the hydraulic test aforesaid may be carried out once in every five years instead of every two years if the cylinder is fitted with a safety disc set to burst at a pressure not more than 25 per cent. higher than the maximum working pressure of the cylinder and the cylinder is thoroughly cleaned and examined as aforesaid at least once in every two years. 11. (1) Cylinders containing gases shall be painted with the following identification colours :- Air Grey. Argon Blue. Carbon Dioxide Green. Sulphur Dioxide Yellow. Carbon Monoxide Red with yellow band. Coal Gi Red. Hydrogen Red. Methane Red. Prop: Red. Butane Red. Neon Medium brown with black band. Nitrogen Dark grey with black band. Oxygen Black. (2) The identifying colour or colours, as the case may be, shall be painted in the form of a band round the neck of the cylinder close to the Gas Cylinders (Use, Conveyance and Storage). |Ch. 30. No. 3. valve fitting. In the case of a cylinder with two identifying colours the first-mentioned colour shall form the background to the second and the width of the background on either side of the second colour shall be at least equal to the width of the latter. 12. (1) The owner of a vehicle used for the conveyance of cylinders containing any compressed gas to which the Ordinance applies who employs any person in connection with such conveyance shall take measures to ensure that any such person is acquainted with and carries out the provisions of regulation 4 of these Regulations. (2) No person shall deliver or cause to be delivered to any carrier for the purpose of conveyance any cylinder containing compressed gas to which the Ordinance applies unless— (a) such carrier has had brought to his notice by the person aforesaid the provisions of regulation 4 of these Regulations; and (6) any such cylinder is delivered or caused to be delivered, as the case may be, to the carrier in such a state as to complv with the requirements of the Ordinance and of these Regulations. 13. The provisions of clauses | and 3 of the Schedule to these Regula- tions and regulations 7, 8 and 11 of these Regulations shall not apply to any cylinder received from abroad solely for filling and returning to the owner, or to any cylinder belonging to the Naval or Military authorities of the United States of America. 14. The provisions of these Regulations and the Schedule hereto hereinafter in this regulation mentioned shall not apply to any cylinder which is in use before the coming into operation of these Regulations, that is to say:— (a) Regulation 8: (6) Clause 1 of the Schedule: (c) The provisions of clause 3 of the Schedule with respect to manufacturers’ identification marks. Schedule. 1, Cylinders shall be made in compliance with the legal or recognised requirements in force at any time in the United Kingdom, Canada or the United States of America. In respect of every new cylinder a certificate shall be obtained from the manufacturer specifying the legal or recognised Tequirements with which the construction of the cylinder complies. 2. The periodical test required by regulation 10 shall be a hydraulic stretch test. The proof pressure applied in this test shall be not less than 3,360 Ib. per square inch for cylinders manufactured in compliance with the legal or recognised requirements of the United States of America or Canada, and not less than 3,000 Ib. per square inch for cylinders 187 Obligation on owners of vehicles conveying cylinders and persons delivering cylinders to carriers. Exemption for cylinders received from abroad or belonging to United States of America. Exemption for cylindets in use before Regulations in force. 188 Ch. 30. No. 3.] Gas Cylinders (Use, Conveyance and Storage). manufactured in compliance with the legal or recognised requirements of the United Kingdom. Any cylinder which fails under the test shall be rendered incapable of containing any compressed gas. 3. Each cylinder shall be permanently and visibly marked with— (a) the manufacturer’s and owner's identification marks and rotation number; (6) the date of the last hydraulic test. This may be indicated by the month and vear or by the year with a symbol to denote the quarter of the vear; (c) for evlinders manufactured after the date of the Ordinance, a mark denoting the country in compliance with whose legal or recognised requirements the cylinder has been manufactured. The marks shall be stamped on the shoulder below the neck of the cylinder or on a brass tag securely fastened to the neck with the exception of the manufacturer's mark, which may be on the base. +. Any safety disc fitted to a cylinder containing liquid carbon dioxide (in accordance with the provisions of regulation 10) shall be so designed and constructed as to prevent the scattering of fragments if the disc bursts. Explosives. [Ch. 30. No. 4. CHAPTER 30. No. 4. ENPLOSIVES. AN ORDINANCE RELATING TO GUNPOWDER AND OTHER EXPLOSIVE SUBSTANCES. [8th April, 1907.] 1. This Ordinance may be cited as the Explosives Ordinance. 2. In this Ordinance- certificate means a certificate granted under this Ordinance constable — includes any member of the Police Force and of the Rural Police; dealer in safety cartridges means a_ licensed dealer in safety cartridges; explosive ’’ means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyro- technic effect, and includes fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined ; ‘““ Gazetted Police Officer has the same meaning as defined in the Police Ordinance, “magazine means a magazine duly appointed under this Ordinance; 189 Ordinances Ch.30, No.4— 1940. No. 39-1942. Commence- ment. Short title. Interpre- tation. 190 \ppoint- ment of mlagazines, General rules for Magazines. Ch. 30. No. 4.] Explosives. permit means a permit granted under this Ordinance ‘safety cartndge means cartridges for small arms, of which the case can be extracted from the small arm after firing, and which are so closed as to prevent any explosion in one cartridge being communicated to the other cartridges; vehicle ’’ includes any wagon, cart, truck, barrow, tray, or other receptacle used or intended to be used for conveying goods or passengers by land, vessel includes any ship, boat, and any other description of vessel used in navigation, whether propelled by oars, sails, steam, or by any other method, ‘“wholesale dealer and retail dealer’’ mean, respectively, a licensed wholesale dealer and a licensed retail dealer in explosives. PART 1. GUNPOWDER. 3. (1) The Governor in Council may appoint any placc or vessel to be a magazine for the reception of gunpowder, and notice of such appointment shall be given by proclama- tion published in the Roval Gazelte. (2) Such proclamation and appointment shall, unless the magazine be a floating magazine, define the land forming the site of such magazine; and the land so defined, with every building thereon, for whatever purpose used or intended, shall be deemed to constitute a magazine. (3) ach such magazine shall be under the charge of such person as the Governor may appoint for that purpose. 4. (1) In every magazine, the following general rules shall be observed :— (a) every building m which gunpowder is kept shall be used only for the keeping of gunpowder and receptacles for gunpowder, or tools or implements for work connected with the keeping of such gun- powder" (b) the interior of every such building and all benches, Explosives. [Ch. 30. No. 4. shelves, and fittings in such building other than machinery shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the detaching of any grit, iron, steel, or similar sub- stance in such manner as to come into contact with the gunpowder, and such interior benches, shelves, and fittings shall be kept free from grit and otherwise clean; (c) charcoal, whether ground or otherwise, and viled cotton, oil rags, and oiled waste, and any articles whatever liable to spontaneous ignition, shall not be taken into any such building , (@) no repairs shall be done to or in any part of such building except in accordance with the directions of the Governor ; (e) all tools and implements used in any repairs to or in any such building shall be made only of wood or copper or brass or some soft metal or material, or shall be covered with some safe and suitable material , (f) every person entering into any such building shall wear clothes without pockets, and shoes, if any, without any iron or steel therein, and no person shall introduce into any such building any lucifer matches or any artificial light (except luminous surfaces incapable of producing ignition) or any substance or article likely to cause explosion or fire, or any iron, stecl, or grit, (g) no person shall smoke in any part of a magazine except in such part, if any, as may be allowed by the Governor ; (2) any vehicle in which gunpowder is conveyed to or from any magazine shall be constructed without any exposed iron or steel in the interior thereof, and shall contain only the gunpowder, and shall be closed or otherwise properly covered over; and the gunpowder shall be so conveyed with all due diligence, and with such precautions and in such manner as will sufficiently guard against any accidental ignition; (t) no person under the age of sixtcen years shall be employed in or enter any building containing 191 192 Special rules for magazines, Storage in magazine, Ch. 30. No. 4.] Explosives. gunpowder, except in the presence and under the supervision of some competent older person. (2) The Governor may, by regulations, make such modifications in the foregoing general rules as may appear to him to be necessary for adapting the same to any floating magazine, and such modifications shall have efiect as if they were contained in this section. (3) In the event of any breach by any act or default of any of the foregoing general rules or of the regulations, the person committing such breach shall be liable to a fine of ninety-six dollars; and moreover, where such breach was not committed by the person having the charge of the magazine, such person shall, nevertheless, be liable to a fine of forty-eight dollars unless he proves to the satisfaction of the Magistrate by whom the case is heard that such breach happened without any negligence or failure in duty on his part. 5. The person having the charge of any magazine may with the sanction of the Governor, make special rules for the regulation of the persons employed in or about such magazine with a view to securing therein the obser- vance of this Ordinance and any regulations made there- under, and the safety and proper discipline of the said persons and the safety of the public. There may be annexed to any breach of any special rule made in pursuance of this section such penalty not exceeding twenty-four dollars for cach offence as may be deemed just. Storage 6. (1) Any gunpowder lawfully imported into the Colony shall be taken to a magazine provided by the Government, and may there remain without payment of rent or other charge for any period not exceeding eighteen months. (2) If any gunpowder remains in such magazine beyond the said period of eighteen months, rent shall be paid in respect thereof at the prescribed rate, which shall not exceed four cents per pound per month. Such rent shall accrue due from day to day, and shall be paid on the last day of successive periods of six months, the first of which periods shall commence at the expiration of the Explosives. [Ch. 30. No. 4. before-mentioned period of eighteen months, or shall be paid in case any such gunpowder is removed or sold during any of the said periods of six months at the time of such removal or sale, and no gunpowder shall be removed until all rent and other charges due in respect thereof are paid. (3) Where six months’ rent in respect of any gun- powder is in arrear and unpaid, such gunpowder may be sold by the person in charge of the magazine in such manner and subject to such conditions as he thinks fit. Out of the purchase moncy arising from such sale, such person shall, in the first place, pay the charges and expenses of and incident to the sale, and, in the next place, all rents due in respect of the gunpower up to the time of sale, and the surplus, if any, he shall pay to the owner of the gunpowder on demand, if such demand is made at any time during the day of sale, but if demand is not made as aforesaid he shall pay such surplus to the Accountant-General, who shall hold the same in trust for the owner, his executors, administrators, or assigns: Provided that at the expiration of two years from the time of sale such surplus, if not applied for by some person or persons lawfully entitled thereto, shall be forfeited to the Crown for the use of the Colony, and the rights of all other persons therein or thereto shall be extinguished. Importation, etc. 7. (1) No person other than a wholesale dealer shall import gunpowder into the Colony. (2) Any person contravening the provisions of this section shall be liable to a fine of two hundred and forty dollars. 8. (1) The Governor may make regulations as to the having or keeping and as to the unloading and conveyance within the waters of the Colony of gunpowder, and as to the landing of gunpowder and the subsequent conveyance thereof to a magazine, and as to the conveyance of gun- powder for exportation from a magazine to any wharf or shipping place and the subsequent conveyance and loading thereof within the waters of the Colony, and as to the transhipping of gunpowder within such waters; and, T. -IV. 13 193 Only dealer may import Regulations as to im- portation, exportation, and tran- shipment. 194 Ch. 30. No. 4.] Explosives. in particular, regulations declaring or regulating all or any of the following matters, that is to say— (a2) the notice or warning to be given by vessels having on board, or conveying, loading, or unloading gunpowder ; (b) the navigation and place of mooring of such vessels; (c) subject in cases in which the general miles with respect to packing in this Ordinance contained are applicable to such general rules, the mode of stowing and keeping gunpowder on board any such vessel, and of giving notice by brands, labels, or otherwise of the nature of the package containing the gunpowder; (d) the deseription, construction, fitting up, and licensing of the vessels or vehicles to be used for the conveyance of gunpowder, and the licensing and dress of the persons having charge thereof, (ce) prohibiting or subjecting to conditions and restrictions the keeping or conveyance of gunpowder with any explosive or any other articles or substances, or in passenger vessels, trains, or vehicles; (f) the places and times at which gunpowder is to be loaded or unloaded, and the quantity to be loaded or unleaded or conveyed at one time, or in one vessel or vehicle; (g) the mode of and the precautions to be observed in conveying any gunpowder, and the loading or unloading any vessel or vehicle conveying gunpowder, and the time during which gunpowder may be kept during such conveyance, loading, or unloading; (2) the times at which lights or fires are to be allowed or not allowed on board such vessels as before men- tioned, or at which a constable or other officer is to be on board them, (2) the publication and supply of copies of the regulations ; (7) enforcing the observance of this Ordinance; and (k) generally, for protecting, whether by means similar to those above mentioned or not, persons and property from danger. I: xplosives. [Ch. 30. No. 4. (2) The penaltics to be annexed to any breach or attempt to commit any breach of any such regulations may be all or any of the following penalties, and may be imposed on such persons and graduated in such manner as may be deemed just, according to the gravity of the offence, and according as it may be a first or second or other subsequent offence; that is to say, penaltics not exceeding one hundred and twenty dollars for each offence, and twenty-four dollars for each day during which the offence continues, and forfeiture of all or any part of the gun- powder in respect of which, or found in the vessel or vehicle in respect of which, the breach of regulation has iaken place. (3) In the event of any breach of a regulation under this section in the case of any vessel, vehicle, or gunpowder, whether there has or has not been any conviction for such breach, it shall be lawful for any Harbour Master, Assistant Harbour Master, officer, or person named in the regulations, or any person acting under the orders of such Harbour Master, Assistant Harbour Master, officer, or person, to cause such vessel, vehicle, or gunpowder, at the expense of the owner thereof, to be removed to such place or otherwise dealt with in such manner as may be in conformity with the regulations, and all expenses incurred in such removal may be recovered in the same manner as a penalty under this section. (4) Any person resisting such Harbour Master, Assis- tant Harbour Master, officer, or person in such removal shall be liable to the same penalties as a person is liable to for obstructing a constable in the execution of his duty. 9. (1) Except gunpowder in the course of removal under and according to a permit, a wholesale dealer shall not have in his possession or custody for any purpose whatsoever more than one hundred and eighty pounds of gunpowder. (2) Except gunpowder in the course of removal under and according to a permit, a retail deaicr shall not have in his possession or custody for any purpose whatsoever more than thirty pounds of gunpowder. (3) Except gunpowder in the course of removal under and according to a permit or ccrtificate, no person other 13 (2) 195 Amount in possession. 196 Dealer only may sell. Licence to sell by whelesale. Ord.39-19-42, s. 2. Ch. 30. No. 4.] Explosives. than a wholesale dealer or a retail dealer shall have in his possession or custody for any purpose whatsoever more than ten pounds of gunpowder. (4) This section shall not apply to gunpowder in any vessel or magazine, or in the course of conveyance according to regulations made under this Ordinance from or to any vessel, wharf, Janding place, or shipping place, or to gun- powder kept or used for mining or quarrying purposes under a special permit from the Commissioner of Police or the Director of Works and Hydraulics. (5) Every person who contravenes the provisions of this section shall be liable to a fine of two hundred and forty dollars. Sale. 10. (1) No person other than a wholesale or retail dealer shall scll gunpowder, or offer or expose the same for sale. (2) Every person who contravenes the provisions of this section shall be lable to a fine of two hundred and forty dollars. 11. (1) Every person who desires to sell gunpowder by Wholesale shall take out a licence for that purpose. (2) No such licence shall be issued unless the officer of Pelice in charge of the division in which the premises to be licensed are situate shall have certified in writing that there is on the premises a sufficient fireproof vault or therpli ‘whichis capable of safely storing one hundred and eighty pounds of gunpowder. (3) Every such fire- proof vault or other place shall have the word ‘‘ Gunpowder ”’ painted or otherwise legibly marked on the door thereof. (+) Every wholesale dealer shall keep all gunpowder en his premises in such vault or other place as aforesaid: Provided that no more than one hundred and cighty pounds of gunpowder shall be kept in such vault or other place. (5) There shall be paid for every such licence annually _sum of $9.00. Explosives. (Ch. 30. No. 4. (6) Every person who contravenes any of the pro- visions of this section shall be liable to a fine of two hundred and forty dollars. 12. (1) Every person who desires to sell gunpowder by retail shall, unless he is a wholesale dealer, take out a licence for that purpose. (2) No such licence shall be issued unless the officer of Police in charge of the division in which the premises to be licensed are situate certifies in writing that the applicant for such licence has provided himsclf with a strong and suitable metal case lined with wood, which is capable of containing thirty pounds of gunpowder, is furnished with a lock and key and with handles for convenience of removal, and has the word ‘‘ Gunpowder” painted or otherwise legibly marked thereon. (3) Every such metal case shall be kept in such place as the officer of Police aforesaid shall appoint. (4) It shall not be lawful for a retail dealer to sell gunpowder at any one time in any greater quantity than thirty pounds. (5) Every retail dealer shall affix in some conspicuous place on the front of his licensecl premises a board whereon shall be painted or otherwise legibly marked his name and the words “‘ licensed retailer of explosives.”’ (6) There shall be paid for every such licence annually the sum of $4.80. (7) Every person who contravenes any of the pro- visions of this section shall be liable to a fine of one hundred and twenty dollars. 13. (1) Every licence issued under this Part of this Ordinance shall be issued and signed by the Magistrate of the district within which the premises in respect of which such licence is applied for are situate. Every such licence shall be in such form and shall contain such particulars as the Commissioner of Police shall from time to time think fit. (2) Every such licence shall expire on the 31st of March next after it is granted. 197 Licence to sell by retail. Ord.39-1942, s. 3. Form of licence. 198 Occupier of unlicensed premises. Unlawful sale. Books to be kept. Schedule. Form A. Form B, Prohibition of sale to children. Ch. 30. No. 4.} Explosives. 14. The occupier of any unlicensed premises on which gunpowder is sold or offered for sale, or if such ‘premises are occupied by more than one person every occupier thereof, shall be hable to a fine of one hundred and forty-four dollars unless he proves to the satisfaction of the Magistrate by whom the case is heard that he had no notice of such sale or offering or exposing for sale, or that, having such notice, he took all reasonable means to prevent such sale or offering or exposing for sale, and, as soon as he reasonably could, gave information thereof to a member of the Police Force. 15. Every person who-—-- (a) not being a wholesale dealer or a retail dealer, sells gunpowder, or offers or exposes the same for sale, or (6) being a wholesale dealer or a retail dealer, sells gunpowdcr, or offers or exposes the same for sale, on any premises other than those mentioned in his licence, shall be liable to a fine of two hundred and forty dollars. 16. (1) Ievery wholesale dealer or retail dealer shall keep on his licensed premises a book to be called the Gunpowder Receipt Book according to the form A in the Schedule hereto, and another book to be called the Gunpowder Delivery Book in the form B in the said Schedule, and he shall, immediately on the receipt or delivery of any gun- powder, make the proper entries in the said books according to the said forms. (2) Every wholesale dealer or retail dealer who shall omit to make any such entry, or shall make any entry which shall be false in any particular, shall be liable to a fine of two hundred and forty dollars. 17. Gunpowder shall not be sold to any child apparently under the age of sixteen years, whether for his own use or the use of any other person. Any person who sells gun- powder contrary to this section shall be liable to a fine of twenty-four dollars. Explosives. [Ch. 30. No. 4. 18. (1) All gunpowder exceeding one pound in weight, when publicly exposed for sale or sold, shall be in a sub- stantial case, canister, or other package, made and closed so as to prevent the gunpowder from escaping, and in every case the outermost package containing such gunpowder shall have affixed the word “‘ Gunpowder,”’ in conspicuous characters, by means of a brand or securely attached label or other mark. (2) If any gunpowder is sold or exposed for sale in contravention of this section, the person selling or exposing for sale the same shall be liable to a fine of twenty-four dollars, and all or any part of the gunpowder so exposed for sale shall be forfeited. Removal. 19. No gunpowder shall be removed or conveyed except according to this Ordinance or the regulations made thereunder 20. No quantity of gunpowder exceeding five pounds shall be removed or conveyed except under and according to a permit granted by a Gazetted Police Officer or a certi- ficate issued by a wholesale dealer or a retail dealer: Provided that this section shall not apply to gunpowder in the course of conveyance according to regulations made under this Ordinance from or to a magazine, or any vessel, wharf, landing place, or shipping place. 21. Any person removing or conveying any gunpowder contrary to this Ordinance or to the regulations made hereunder, or aiding or assisting in such removal or con- veyance, shall be liable to a fine of two hundred and forty dollars, and any gunpowder removed or conveyed, or being removed or conveyed, contrary to this Ordinance shall be forfeited. 22. A permit for the removal of any gunpowder may be granted by a Gazetted Police Officer to any person being apparently above the age of sixteen years upon an applica- tion in writing. Such application shall state the quantity of gunpowder intended to be removed, the places to which 199 Package for sale. Removal. Removal af over five pounds. Penalty on illegal removal. Application for a permit for removal 200 Granting of permit. Certificate for removal. Ch. 30. No. 4.] Explosives. and the persons to whem it is to be distributed, the quantities to be left at each destination, the hours within which and the route by which the removal is intended to be effected, and the place or places, if any, where such gunpowder or any part thereof is intended to be deposited until the removal and distribution is completed. 23. Subject to the provisions of this Ordinance, a Gazetted Police Officer shall, within twenty-four hours (exclusive of Sundays and public holidays) after an application for a permit has been left at his office, grant a permit specifying the total quantity allowed to be removed, the places to which and the persons to whom the parcels making up such ‘total quantity are to be distributed, the hours within which and the route by which the removal may be effected, and the place or places, if any, where the gunpowder or any part thereof may be deposited until the removal and dis- tribution 1s completed: Provided that— (a) no permit shall authorise the having on the same premises or in the same vehicle more than one thousand pounds of gunpowder; and (b) a Gazetted Police Officer, if upon application for a permit he is satisfied that a permit according to the application cannot consistently with public safety be granted, may postpone or absolutely refuse the grant of such permit, or may grant the same with any variations from the application and subject to any conditions which he considers proper for the protection of the public. 24. A certificate for the removal of any quantity of gunpowder exceeding five pounds and not exceeding twenty pounds from the licensed premises of any wholesale dealer or retail dealer may be granted by such wholesale dealer or retai] dealer to any person apparently above the age of sixteen years. Such certificate shall state the quantity of gunpowder intended to be removed the places to which and the persons to whom it is to be delivered, and the hours within which and the route by which the removal is intended to be effected. Explosives. [Ch. 30. No. 4. 201 25. Every wholesale dealer or retail dealer in gunpowder Certificate shall, on a request in writing obtain from the officer of Book. Police in charge of the division in which his licensed Ord “39-1942, premises are situate a certificate book containing the prescribed forms of certificate and counterfoils, for which he shall give a receipt. 26. (1) Every wholesale or retail dealer shall enter in Use and one of such certificates and in its counterfoil the prescribed tur of particulars, before sending out, delivering, or permitting the removal from his premises of any quantities of gunpowder exceeding five pounds, and shall deliver the certificate with the gunpowder to the person named in the certificate. (2) He shall use the certificates in the order in which they are numbered in the certificate book. (3) He shall keep the certificate book in his licensed premiscs open to inspection by any constable, and shall allow any constable to examine the same and take any extract therefrom. (4) He shall return the certificate book when it is Ord.39-1942, exhausted or on request to the officer of Police in charge ** of the division in which his licensed premises are situate, who shall give a receipt for it. 27. Any whelesale dealer or retail dealer who sends out Absence of or delivers or suffers to be removed from his licensed Qimhyh™ premises any quantity of gunpowder required to be accom- panied by a certificate, without a certificate or accompanied by an inaccurate certificate, shall be liable to a fine of forty-cight dollars. 28. Any wholesale dealer or retail dealer who uses or Iegal use of suffers to be used any certificate taken from his certificate *rtécate book except for the removal of gunpowder from his own licensed premises, or delivers or parts with any form of certificate without filling it up as required by this Ordinance, shall be liable to a fine of forty-eight dollars. 29. Any person to whom a certificate for the removal of Non-compli- ae . : ; gunpowder is granted who fails to comply with the terms terms of | 202 General tules as to tfemoval within the Colonv. Ch. 30. No. 4.] Explosives. prescribed on such certificate shall be liable to a fine of forty-eight dollars. 30. (1) When any gunpowder is removed or conveyed from place to place in the Colony, either wholly by land or partly by land and partly by water, the following general rules as to packing and other things shall be observed— (a) the gunpowder, if not exce :ding thirty pounds in quantity, shall be contained in a substantial case, bag, canister, or other package made and closed so as to prevent the gunpowder from escaping ; (b) the gunpowder, if exceeding thirty pounds in quantity, shall be divided into parcels, each of which shail comprise not more than five pounds, and be con- tained in a substantial case, bag, canister, or other package made and closed so as to prevent the gun- powder from escaping ; (c) the interior of every package shall be kept free from grit and otherwise clean, (7) every package when actually used for the package of gunpowder shall not be used for any other purpose (e) there shall not be any iron or steel in the con- struction of any package, unless the same is effectively covered with tin, zinc, or other material, (f) on the outside of every package there shall be affixed the word “ Gunpowder ”’ in conspicuous charac- ters by means of a brand or securely attached label or other mark, and (g) the gunpowder shall be in the charge and under the custody of some male person above the age of sixteen years, who, when the quantity of gunpowder exceeds five pounds, shall have the permit for its removal in his possession, and shall produce and show such permit to anyone who demands to see it. (2) In the event of any breach, by any act or default, of any gencral rule in this section, the gunpowder in respect of which the breach is committed shall be forfeited and the person committing such breach shall be liable to a fine of two hundred and forty dollars. Explosives. [Ch. 30. No. 4. (3) The Governor may make rules rescinding, altering, or adding to the general rules contained in this section, and the rules so made by the Governor shall have the same effect as if thev were enacted in this section. PART II. SAFETY CARTRIDGES. 31. (1) No person other than a wholesale dealer or a retail dealer shall import safety cartridges into the Colony: Provided that this enactment shall not apply to a person importing safety cartridges for his own use. (2) Every person who contravenes the provisions of this section shall be liable to a fine of two hundred and forty dollars. 32. (1) No person other than a wholesale dealer or a retail dealer shall sell safety cartridges or shall offer or expose the same for sale. (2) Every person who contravenes the provisions of this section shall be liable to a fine of one hundred and twenty dollars. 33. (1) No dealer in safety cartridges shall keep safety cartridges in any vault or safe where gunpowder is kept. (2) Every person who contravenes the provisions of this section shall be liable to a fine of one hundred and twenty dollars. 34. (1) Every wholesale dealer or retail dealer who shall dealin safety cartridges shall keep on his licensed premises a book to be called the Cartridge Receipt Book according to the form C in the Schedule hereto, and another book to be called the Cartridge Delivery Book in the form PD in the said Schedule, and he shall, immediately on the receipt or delivery of any safety cartridges, make the proper entries in the said books according to the said forms. (2) Every dealer in safety cartridges who shall omit tomake any such entry,or shall make any entry which shall be 203 Importation. Sale. Storage. Books to be kept. Forms C and D. 204 Importation and storage of explosives. Storage in Government magazine or approved place. Regulations. Prohibition of manufacture, Ch. 30. No. 4.] Explosives, false in any particular, shall be liable to a fine of one hundred and twenty dollars. PART ITI. EXPLOSIVES GENERALLY 35. (1) No person, other than a licensed wholesale dealer, shall import into the Colony any explosive unless he first obtains a licence in that behalf from the Governor who may in his absolute discretion refuse the same or grant the same subject to such terms and conditions as he may think fit: Provided that such licence shall not be required for the importation of safety cartridges. (2) Subject to the provisions contained in this Part the provisions of Part I of this Ordinance as to the importa- tion, sale and removal of gunpowder shall mutatis mutandis apply to every other explosive except safety cartridges. (3) Any person contravening the provisions of this section or the conditions of a licence issued hereunder shall be able to a fine of two hundred and forty dollars. 36. (1) It shall be lawful for the Governor to provide a magazine in which any description of explosive may be stored, and every person importing or keeping any explosive under a licence issued under this Part of this Ordinance shall store such explosive either in the Government magazine or ina building or place approved by the Governor. (2) The Governor in Council may make regulations relating to- (a) the conditions under which explosives may be stored in such magazine; (b) the rent to be paid and the times at, and the manner in which, such rent shall be payable or recoverable ; (c) the sale or disposal of explosives in respect of which any rent may be in arrears, and the manner in which the proceeds of any such sale shall be dealt with. 37. The Governor in Council may, by order to be importation, Published in the Roval Gazette, prohibit absolutely, or subject sale, etc. Explosives. (Ch. 30. No. 4. 205 to conditions or restrictions, the manufacture, keeping, importation, conveyance, and sale or any of them of any explosive which is of so dangerous a character that, in the judgment of the Governor in Council, it is expedient for the public safety to make such order. 38. lf any explosive is manufactured in contravention Contraven- of any such order, all or any part or ingredient of such in# order 8 explosive which may be found cither in or about any place, facture. or in the possession or under the control of any person convicted under this section, may be forfeited, together with all machinery, implements, and utensils used in such manufacture; and the person so manufacturing shall be guilty of a misdemeanor and liable, on indictment, to a fine of two thousand four hundred dollars, or te imprison- ment for ten years. 39. If any explosive is imported, kept, conveyed, or sold Contraven: in contravention of any such order— to importa- (a) all or any part of such .xplosive may be "> &e forfeited; and (b) every person concerned in importing or bringing into the Colony or the waters thereof any such explosive whether the same be unshipped or not, and every person who unships or conveys or is In any way concerned in the unshipping or conveying of any such explosive, or who knowingly harbours, keeps, or conceals, or knowingly permits or suffers or causes or procures to be harboured, kept, or concealed, any such explosive, or to whose possession any such explosive knowingly comes, shall be guilty of a misdemeanor and liable, on indictment, to a fine of two thousand four hundred dollars, and to imprisonment for ten years: Provided that this section shall not extend to any such explosive imported or unshipped under and according to a licence granted by the Governor. PART IV MISCELLANEOUS PROVISIONS. 40. (1) It shall be lawful for any member of the Police Inspection of Force, at any time when such premises are open for business, books. 206 Power to eearch for explosive. Ch. 30. No. 4.] Explosives. to enter the premises of any wholesale or retail dealer and to inspect all explosives in the stock of such dealer and the receptacles in which the same may be stored, and also to inspect the books kept by any such dealer under this Ordinance, and to take a copy of any entries in any of such books. (2) Any such dealer who refuses to allow such inspection to be made or copy to be taken, or obstructs any member of the Police Force while making such inspec- tion or taking such copy, shall be liable to a fine of one hundred and twenty dollars. (3) Any wholesale or retail dealer whose stock of explosives does not correspond with the amount as shown by the entries in the books kept by such dealer under this Ordinance shall, in the absence of any reasonable explana- tion by such dealer, be liable to a fine of one hundred and twenty dollars. 41. (1) Where any officer of Customs or constable has reasonable cause to believe that any offence has been or is being committed with respect to an explosive in any place (whether a building or not, or a vessel or vehicle), or that any explosive is in any such place in contravention of any order of the Governor, or that the terms and conditions of any such order are not duly observed in any such place, such oflicer or constable may apply to a Magistrate or Justice for a warrant (which warrant such Magistrate or Justice shall grant, upon reasonable ground being assigned upon oath) to search the said place and every part thereof, and on obtaining such warrant and on producing the same, if demanded, such officer or constable may enter at any time, and, if need be, by force, and as well on Sundays as on other days, the said place and every part thereof, and examine the same and search for explosives therein, and take samples of any explosive and ingredient of an explosive therein, and any substance reasonably supposed to be an ingredient of an explosive which may be found therein. (2) Every person who, by himself or by any other person, fails to admit into any place occupied by or under the control of such person any officer or constable demanding to enter in pursuance of this section, or in any way Explosives. [Ch. 30. No. 4. obstructs such officer or constable in the execution of his duty under this section, shalj be liable to a fine of two hundred and forty dollars, and shall also be liable to forfeit all explosives and ingredients thereof which are, at the time of the offence, in his possession or under his control at the said place. 42. Where any officer or constable as aforesaid has reasonable cause to believe that any explosive, or ingredient of an explosive, or substance found by him is liable to be forfeited under this Ordinance, he may seize and detain the same until a Magistrate has determined whether the same is or is not so liable to be forfeited, and with respect thereto the following provisions shall have effect— (a) the officer or constable seizing may cither require the occupier of the place in which it was seized (whether a building or not, or a vessel or vehicle) to detain the same in such place or in any place under the control of such occupier, or may remove it in such manner and to such place as will, in his opinion, least endanger the public safety and there detain it, and may, where the matter is urgent and fraught with serious public danger, if authorised in writing by the Comptroller of Customs and Excise, a Justice or an officer of Police, cause the same to be destroyed or otherwise rendered harmless; but before destroying or rendering harmless the same, he shall take and keep a sample thereof, and shall, if required, give a portion of the sample to the person owning the explosive or having the same under his control at the time of the seizure ; andany such occupier who, by himself or by any other person, fails to keep the same when he is required in pursuance of this section to detain it, and any such occupier or other person who, except with the authority of the officer or constable seizing the same, or of the Comptroller of Customs and Excise, or an officer of Police, or, in case of emergency, for the purpose of preventing explosion or fire, removes, alters, or in any way tampers or deals with the same while so detained, shall be liable to a fine of two hundred and forty dollars, and shall also be liable to forfeit all explosives and ingredients thereof which are, at the time of the 207 Seizure and detention of _explosive liable to forfeiture. 208 Inspection of wharf, vehicle, etc. Ch. 30. No. 4.] Explosives. offence, in his possession or under his control at the said place; (5) the proceedings before the Magistrate for deter- mining whether the same is or is not liable to forfeiture shall be commenced as soon as practicable after the seizure; (c) the receptacles containing the same may be seized, detained, and removed in like manner as the contents thereof; (d) the officer or constable seizing the same may use, for the purposes, of the removal and detention thereof, any vessel or vehicle in which the same was seized, and any tug, tender, engine, tackle, beasts, and accoutre- ments belonging to or drawing, or provided for drawing, such vessel or vehicle, and shall pay to the owner a reasonable compensation for such use, to be determined in case of dispute, by a Magistrate, and to be recovered in like manner as any penalty under this Ordinance; (e) the same shall, so far as practicable, be kept and conveyed in accordance with this Ordinance, and with all due precaution to prevent accidents, but the person seizing, removing, detaining, keeping, or conveying the same shall not be liable to any penalty, punishment, or forfeiture under this or any other Ordinance, or to any damages for keeping or conveying the same, so that he uses all such due precautions as aforesaid; and (f) the officer or constable seizing or dealing with the same in pursuance of this section shall not be liable to damages or otherwise in respect of such seizure or dealing or any act incidental to or consequential thereon, unless it is proved that he made such seizure without reasonable cause or that he caused damage to the article seized by some wilful neglect or default. 43. (1) The Comptroller of Customs and Excise, any Gazctted Police Officer, and any officer appointed by the Governor for the purposes of this Ordinance or of any rules or regulations or order of the Governor made under this Ordinance, may, for the purpose of ascertaining whether the provisions of this Ordinance or of such rules or regula- tions, or the terms and conditions of any such order, with Explosives. (Ch. 30. No. 4. respect to the conveyance, loading, unloading, and importa- tion of an explosive are complied with, enter, inspect, and examine at any time, and as well on Sundays as on other days, the wharf, vehicle, or vessel of any carrier or other person who conveys goods for hire, or of the occupier of any factory, warehouse, or store, or of the importer of any explosive, on or in which wharf, vehicle, or vessel he has reasonable cause to suppose an explosive to be for the purpose or in course of conveyance, but so as not unnecessarily to obstruct the work or business of any such carrier, person, occupier, or importer. (2) Any such officer, if he finds any offence being committed against this Ordinance, or against any rules or regulations or, order of the Governor made under this Ordinance, on or in any such wharf, vehicle, or vessel, or on any public wharf, may seize and detain or remove the said vehicle, or vessel, or the explosive, in such manner and with such precautions as may appear to him to be necessary to prevent any danger to the public, and may seize and detain the said explosive, as if it were liable to forfeiture. (3) Any such officer, and any officer of Customs, or constable, who has reasonable cause to believe that any offence against this Ordinance, or against any rules or regulations or order of the Governor made under this Ordinance, is being committed in respect of any vehicle or any vessel conveying, loading, or unloading any explosive, and that the case is one of emergency, and that the delay in obtaining a warrant will be likely to endanger life, may stop and enter, inspect, and examine such vehicle or vessel, and, by detention or removal thereof or otherwise take such precautions as may be reasonably necessary for preventing such danger, in like manner as if such explosive was liable to forfeiture. (4) Every such officer or constable shall, for all the purposes of this section, have the same powers and be in the same position as if he were authorised by a search warrant granted under this Ordinance, and every person who fails to admit or obstructs such officer or constable shall be liable to the same penalty as a person who fails to admit or obstructs an officer or constable so authorised as aforesaid. T.—IVv. 14 209 210 Payment for sample. Power to arrest offenders, Ch. 30. No. 4.] Explosives. 44. Where any officer or constable in pursuance of this Ordinance takes a sample of any explosive, ingredient, or substance, he shall pay for or tender payment for the same to such an amount as he considers to be the market value thereof, and the occupier of the place m which, or the owner of the bulk from which, the sample was taken may recover any excess of the real value over the amount so paid or tendered from the officer or constable taking the sample, as a debt in the Petty Civil Court within the juris- diction of which the sample was taken. 45. Any person who is found committing any act for Which he is hable to a penalty under this Ordinance or under any regulations made thereunder and which tends to cause explosion or fire in or about any house, store, railway, harbour, or wharf, or in or about any sugar, cocoa, or coffee plantation, or any building thereon, or in or about any vehicle or vessel, may be apprehended without a warrant by any constable, or by the occupier, or the agent or servant of, or other person authorised by, the occupier of such house, store, plantation, or building, or by any person employed on the railway, or by any officer of Customs, or by any Harbour Master, Assistant Harbour Master, or person authorised) by any Harbour Master or Assistant Harbour Master, and be removed from the place at which he was arrested, and conveyed as soon as conveniently may be before a Magistrate to be dealt with according to law. 46. When a carrier or owner or master of a vessel is prevented from complying with this Ordinance or any regulation made thereunder by the wilful act, neglect, or default of the consignor or consignee of the explosive or other person, or by the improper refusal of the consignee or other person to accept delivery of the explosive, such ‘onsignor, consignee, or other person who is guilty of such wilful act, neglect, default, or refusal shall be liable to the same penalty to which the carrier, owner, or master is liable for a breach of this Ordinance, and his conviction shall exempt the carrier, owner, or master from any penalty or forfeiture under this Ordinance, or under such regulation. Explosives. [Ch. 30. No. 4. 211 47. Every regulation or order made by the Governor under this Ordinance shall be published in the Royal Gazette. 48. Every act or default in respect of which a fine not «xceeding two hundred and forty dollars is imposed by this Ordinance or by any regulation made thereunder shall be an offence punishable on summary conviction. 49. Where any person is guilty of an offence under this Ordinance or any regulations or rules made thereunder which, in the opinion of the Magistrate who tries the case, was reasonably calculated to endanger the safety of or cause serious personal injury to any person or to cause a dangerous accident, and was committed wilfully by the personal act, personal default, or personal negligence of the person accused, such person shall be liable, if the Magistrate is of opinion that a pecuniary penalty will not mect the circumstances of the case, to imprisonment for six months. 50. All moneys received under this Ordinance, whether by way of penalty or otherwise, shall be paid into the Treasury for the use of the Colony. 51. Nothing contained in this Ordinance shall apply to any explosive the property of His Majesty, and held for the purposes of any of His Majesty’s Naval, Military, Air, or Local Forces, or held for the public service of the Colony. 52. If at any time in the opinion of the Governor in Council an emergency has arisen in which it is expedient for the safety of the public peace that His Majesty’s Government should have control over the possession, sale, disposal or use of any explosive the Governor in Council may, during the continuance of such emergency, make such orders as may appear desirable with respect to such posses- sion, sale, disposal, or use of any explosive and may order any explosive to be delivered up on demand to such person or persons as the Governor may appoint. [SCHEDULE. 14 (2) Publication of regula- tions. Recovery of penallics, Power in certain cases to award imprison- ment uncon- ditionally. Appropriz tion of mnoneys, [-emption, Emergency measures, 212 Ch. 30. No. 4.] Explosives. SCHEDULE. Form A. (Section 16.) Gunpowder Receipt Book. Date Name of person or firm from whom received; | Number and of or if imported, name of person or firm from | description | Quantity. Receipt. whom and of ship by which imported. of packages. Form B. (Section 16.) Gunpowder Delivery Book. Name and address of Name and person or firm to . Number and Date of whom sold or to address of carrier description Quantity. Pr or person to whom n delivery is to whom delivered. of packages. Delivery. Explosives. [Ch. 30. No. 4. 213 Form C. Cartridge Receipt Book. (Section 34.) | Name and address Name and Nature, of person or firm | ,, -_ | Number and : id Number of Rewigt from whom a of ship description deacription of Cartridges of eee s imported. of packages. Cartridges. each kind. Form D. Cartridge Delivery Book. (Section 34.) Name and address of Name and address Nature, Number of Date of | person or firm to whom of carrier or calibre and Cartridges sold or to whom person to whom | description of of each delivery is to be made. delivered. Cartridges. kind. 214 Ch. 30. No. 5.] Firearms and Ammunition. Ordinances CHAPTER 30. No. 5. FIREARMS AND AMMUNITION. ch.30. No.5. AN ORDINANCE RELATING TO FIREARMS AND AMMUNITION. 1940. No. 37 1942, 30-1945. Commence - ment. Interpre- tation. Ord.37 19: [22nd March, 1909.} 1. This Ordinance may be cited as the Firearms and Ammunition Ordinance. 2. In this Ordinance-- ammunition means bullets, shots, cartridges or any article used in the discharge of a rifle or pistol as herein defined, but does not include gunpowder, cartridges, percussion caps, small shot or other articles used in the discharge of smooth-bored guns: Provided that the Govemor in Council may by proclamation extend the definition of ammunition herein contained to include any description of ammunition used in the discharge of any firearms, firearm means any Iecthal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes any component part of any such weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, but does not include any air gun, air rifle or air pistol, or the com- ponent parts thereof or accessories thereto, unless such air gun, air rifle or air pistol is of a type declared by order of the Governor in Council to be specially dangerous ;* * G.N.183-1949, All types of air guns, air rifles and air pistols, other than smooth barrel air guns and air pistols of or below .177 calibre, are specially dangerous. Firearms and Ammunition. [Ch.30. No. 5. ‘““ gun ’’ means a smooth-bored firearm, not being a pistol, and includes a fowling piece, air gun, or any other kind of gun from which any shot, bullet, or other missile can be discharged; gunsmith means any person who makes or repairs firearms; “pistol means a firearm of which the length of barrel does not exceed twelve inches, and includes revolvers; “rifle means a firearm, not being a pistol, the inside of the barrel of which is grooved or formed with spiral chambers. Firearms. 3. (1) It shall not be lawful for any person, unless he be licensed in accordance with section 9 of this Ordinance, to use, carry, or have in his custody or possession any firearms without having in force a licence to keep firearms duly granted under the provisions of this Ordinance, for which licence an annual duty of $4.80 for each pistol or rifle and $1.20 for each gun shall be payable: Provided that, without having had granted to him a licence to keep firearms, any person in the Naval, Military or Air Forces of His Majesty or in the Local Forces of the Colony, or any member of any Rifle Association or Club approved by the Governor, may use, carry, or have in his custody or possession, any firearms issued to him or forming part of his ordinary equipment; and any Warden or other public officer approved by the Governor may use, carry, or have in his custody or possession any firearms for his personal protection: Provided also, that this section shall not apply to any person acting as a porter or carrier who may have in his custody firearms entrusted to him solely for the purpose of being transported direct from one place to another: Provided also, that any person may use or carry on any lands, the occupier whereof has in force a licence under this Ordinance, firearms belonging to such occupier and by the written order of such occupier, if the person so carrying firearms, upon the request of a Warden, Ward Officer, 215 Licence to keep firearms necessary. Ord.30-1945. Exemptions. 216 Duration and particu- lars of licence. Schedule. Form A. Having, ete., firearms, without licence. Ch. 30. No. 5.] Firearms and Ammunition. Justice, or member of the Police Force, gives his true name and address and also the name and address of the occupier of such land: Provided also that any employee may use or carry any firearm belonging to and duly licensed by his employer when actually engaged on the business of his employer for the protection of the employer or his employer’s property. (2) It shall not be lawful for any such person or employee as described in the last two provisos of the foregoing subsection to use or carry any firearm as therein provided unless the said person or employee shall first obtain from the Officer of Police in charge of the division in which the applicant resides a certificate of his fitness to use a firearm, such certificate shall remain in force until cancelled but may be cancelled at any time by the Officer of Police in charge of the division aforesaid if he thinks fit. (3) Any person aggrieved by a refusal to grant, or the cancellation of, a certificate may appeal to the Commissioner of Police whose decision shall be final. 4. (1) Every licence to keep a firearm shall be dated on the day on which it is granted and shall expire on the 31st of March next following, shall be numbered, and shall contain the full names and address of the person to whom, and the description of the firearm in respect of which it is granted, and shall be in the form A in the Schedule hereto, and shall not be transferable. (2) It shall be lawful for the Commissioner of Police and any gazetted police officer or subordinate police officer to amend any licence subsequent to the issue thereof by altering the description of the firearm described in such licence. 5. Every person, not being a person exempted by the provisions of section 3, who shall use, carry, or have in his custody or possession any firearm without having in force a licence to keep firearms, and every person who shall use, carry, or have in his custody or possession any firearm except such as is described in his licence to keep firearms, shall be liable to a fine of two hundred and forty dollars. Firearms and Ammunition. [Ch.30. No. 5. 6. Where a firearm is carried in parts by two or more persons in company, each and every one of such persons shall be deemed to carry a firearm. 7. (1) It shall be lawful for any Warden or Ward Officer or any member of the Police Force to demand from any 217 Carrying firearms in parts, Power to demand production person carrying or using any firearm (not being a person °f licence. exempted under section 3) his licence for the same, and if such person does not forthwith produce such licence, or satis- factorily account for the non-production thereof, such Warden, Ward Officer, or member of the Police Force may seize and detain such firearm until a licence therefor is produced. (2) Any person who resists or obstructs the Warden, Ward Officer, or member of the Police Force in seizing and detaining any such firearm, shall be liable to a fine of forty- eight dollars. 8. (1) Except with the special permission of the Governor, no licence to keep firearms shall be granted to any immi- grant within the meaning of the Immigration (Indian) Ordinance, nor to any person who has been convicted before the Supreme Court of any offence against the person, nor to any person subject to Police supervision under the Preven- tion of Crimes Ordinance, nor to any person of weak intellect, nor to persons under the age of sixteen years. (2) Except with the special permission of the Governor, no licence to deal in firearms. or to carry on the trade of a gunsmith shall be granted to any person who has been convicted of an offence under sections 13, 15, or 16 of this Ordinance, or on whose premises or in whose possession firearms shall have been found which have not been entered in the Firearms Receipt Book in accordance with the pro- visions of section 16 hereof. 9. It shall not be lawful for any person to sell or deal in firearms or to carry on the trade of gunsmith without having in force a licence to deal in firearms or to trade as a gun- smith duly granted to him under the provisions of this Ordinance, for which licence an annual duty of $4.80 shall be paid: Persons not to be licensed. Licence for dealer in arms or gunsmith. 218 Ch. 30. No. 5.] Firearms and Ammunition. Certificate of fitness to keep or deal in fircarms or tobsa gunsmith, Ord.37-1942, sid. Particular. of dealer’ and gun- smith's licence. Form B. Signba Provided that it shall be lawful for any person to export any firearms imported into the Colony and kept in bond without having a licence to deal in firearms. 10. (1) No licence to keep fireanns, or to sell or deal in firearms, or to carry on the trade of a gunsmith, shall be granted to any person unless he has obtained in accordance with subsection (2), and delivered to the person issuing the licence, a certificate that he is a fit and proper person to be granted a licence to keep firearms, or to sell or deal in firearms, or to carry on the trade of a gunsmith, as the case may be. (2) Any such certificate may be granted by the officer of Police in charge of the division in which the applicant resides or carries on, or intends to carry on, the business of a dealer in firearms or the trade of a gunsmith, as the case may be, and shall remain in force until cancelled, but may be cancelled at any time by the officer of Police in charge of the division aforesaid, if he thinks fit. (3) Notice in writing of the cancellation of the certificate shall be given by such officer to the holder of the licence issued im pursuance of such certificate, and to all persons authorised to grant licences under this Ordinance. (4) Upon the cancellation of any such certificate the licence granted to the person to whom such certificate relates shall become void and of no foree or effect. (5) Any person aggrieved by a refusal to grant, or the cancellation of, a certificate may appeal to the Commissioner of Police whose decision shall be final. 11. Every licence to deal in firearms or to trade as a gunsmith shall contain the name and description of the licensee and a description of the premises in respect of which the licence is granted, and shall be numbered, and shall be dated on the day of grant and shall expire on the next following 31st of March, and shall be in the form B in the Schedule hereto, and shall not be transferable. 12. (1) Every person having a licence to deal in firearms or to trade as a gunsmith shall cause to be painted, in letters three inches at least in length in white upon a black Firearms and Ammunition. [Ch. 30. No. 5. ground or in black upon a white ground upon a board placed over the entrance door of the licensed premises, the name of such licensed person, together with the words “licensed to deal in firearms,’”’ or ‘‘ licensed gunsmith,” as the case may be, and every such person shall keep such name and words so painted visible and legible during all the time he continues licensed. (2) Every person having a licence to deal in firearms or to trade as a gunsmith who contravenes any of the provisions of this section shall be liable to a fine of ten dollars. 13. Every person who sells or deals in firearms or who trades as a gunsmith without having in force a licence to deal in firearms or to trade as a gunsmith, or who sells or deals in firearms or trades as a gunsmith upon any premises other than those specified in his licence, shall be liable to a line of ninety-six dollars. 14. (1) It shall be lawful for the Commissioner of Police from time to time to require in writing any person licensed to sell or deal in firearms to deliver up to him for safe keeping any firearms which he may consider to be in excess of the quantity reasonably required to be kept in stock by such dealer for the purposes of his business. (2) Any person refusing, omitting, or neglecting to comply with such requirement shall be liable to a fine of two hundred and forty dollars. 15. (1) It shall not be lawful to sell, let on hire or deliver (otherwise than on sale or letting on hire) to any person any firearm unless that person, at the time of such sale, letting on hire or delivery, produces to the vendor, hirer or person delivering the firearm an appropriate licence: Provided that this subsection shall not apply where the person to whom the firearm is sold, let on hire or delivered is entitled, under the provisions of this Ordinance, to use or carry that firearm, or to have that firearm in his custody, possession or keeping, without a licence. (2) For the purposes of this section, the expression “an appropriate licence '’ means— Selling or dealing with- out licence, Delivery of surplus stock to Police, Restriction on sale, ete. of firearms. Ord.37-1942, s. 4. 220 Books to kept by dealers and gunsmiths. Form C. lorm D Ch. 30. No. 5.] Firearms and Ammunition. (a) where the firearm is sold, a licence to keep that firearm or a licence to sell or deal in firearms; (b) where the firearm is Iet on hire, a licence to keep that firearm: (c) where the firearm is delivered to a gunsmith for overhaul or repair, a licence to carry on the trade of gunsmith; (d) where the firearm is delivered otherwise than to a gunsmith for overhaul or repair, a licence to keep that firearm. (3) If the provisions of this section shall be contra- vened or not complied with in respect of any firearm, the vendor, hirer or person delivering the firearm, as the case may be, shall be liable to a fine of two hundred and forty dollars. 16. (1) Ivery person licensed to sell or deal in firearms and every licensed gunsmith shall keep on his licensed premises a book according to the form C in the Schedule hereto, to be called the ‘‘ Firearms Receipt Book,” and shall immediately after receipt of any firearms at his licensed premises, make or cause to be made entry thercin of the date of such receipt, the number and full description of each kind of firearm received, and the name and address of the person or persons from whom received. (2) And every such person shall keep on his licensed premises a book according to the form D in the Schedule hereto, to be called the “ Firearms Delivery Book,’’ and shall, immediately after delivery of firearms from his licensed premises, make or cause to be made entry of the date of such delivery, the name and address of the person to whom delivered, the nature and serial number of the licence produced by him with the name of the office from which it was issued, or the circumstances exempting such person from producing such licence, the description of every firearm delivered, and the cause of such delivery whether on sale, hire, or otherwise. (3) Such books shall be produced for inspection on the request of any member of the Police Force, who shall have power to verify the same by examination of the premises. Firearms and Anmunition. (Ch. 30. No. 5. (4) Any person who contravenes any of the provisions of this section, or who in the sale, purchase, hire, or delivery of any firearm knowingly makes or causes to be made any false entry or statement as to any matter which he is required by this section to make, shall be liable to a fine of twenty-four dollars. 17. It shall be lawful for any Justice, by warrant under his hand, to direct any member of the Police Force, with such assistance as may be necessary, to enter and search at any time of the day or night any house, store, yard, or other place or any vessel in which there shall be reasonable cause to suspect that any firearms are concealed or placed in respect of which no licence to keep firearms under the provisions of this Ordinance shall be then in force. All firearms that may be found upon any such search shall be forfeited to the Crown: Provided that this section shall not apply to firearms in the possession of persons exempted under the provisions of section 3, nor to firearms in the possession of persons licensed to sell or deal in firearms or in the possession of a licensed gunsmith, entry whereof shall have been made in accordance with the provisions of section 16. 18. No firearm imported into the Colony shall be delivered by the Comptroller of Customs and Excise to any person unless he shall have first obtained a licence to deal in firearms or a licence to keep firearms. 19. The provisions of this Ordinance shall not apply where an antique firearm is sold or kept as a curiosity or ornament. 20. (1) It shall be lawful for the Governor in Council, by proclamation, to prohibit the carrying of firearms in any district or part of the Colony, and any such proclamation to revoke or alter as he shall think fit. (2) Any person who carries firearms in contravention of the provisions of such proclamation shall be liable to a fine of two hundred and forty dollars, in addition to the forfeiture to the Crown of such firearms. 221 Search warrant. Delivery from Customs. Curiosities. Power to prohibit carrying of arms. Netice ol disposal al lire ants. Ord. 37-194. Ch. 30. No. 5.}) fttrearms and Ammunition. 21. (1) It shall be lawful for the Governor, by pro- clamation, to prohibit the sale of firearms within the Colony for such time as may be specified in such proclamation. (2) Any person who sells firearms in contravention of any such proclamation shall be liable to a fine of two hundred and forty dollars. 22. (1) It shall be lawful for the Governor, by proclama- tion, to order that within any district specified in’ such proclamation all firearms shall be delivered up on demand to such person or persons as the Governor may appoint. (2) Any person who refuses or neglects to comply with the orders of any such proclamation shall be liable to a fine of two hundred and forty dollars, in addition to the forfeiture to the Crown of the firearms in respect of which the offenee was committed. 23. Licences under this Ordinance may be granted by the Commisstoner of Police, and by any gazetted police officer or subordinate police officer duly authorised in) writing by the Commissioner to do. Every person who grants licences under this Ordinance shall keep a register in which he shall enter the particulars contatned in every licence eranted by him, 24. (1) Any person, other than a licensed dealer, who sells or otherwise dispose. of any firearm to any other person in the Colony shall, within fourteen days after such sale or disposition, notify the same in writing to the officer of Police in charge of the division in which he is resident, stating the name and address of the person to whom the firearm has been sold or otherwise disposed of and the description of the firearm. (2) Ievery person contravening the foregoing pro- visions of this section, or who knowingly sells or disposes of a firearm to any person precluded by section 8 of this Ordinance from obtaining a licence, shall be liable to a fine of twenty-four dollars. Iirearms and Ammunition. [Ch. 30. No. 5. 223 Ammunition, 25. (1) No ammunition shall be sold by retail to any person unless at the time of sale such person produces a licence to keep firearms then in force, or gives reasonable proof that he is a person entitled to keep firearms without a licence, and unless he also produces and delivers to the seller a permit in the form E in the Schedule hereto signed by a gazetted police officer authorising the purchase of such ammunition and specifying the quantity and descrip- tion thercof: Provided that the production of a licence shall not be required where the permit to purchase is endorsed by the officer granting the same authorising the sale without the production of a licence. (2) Every person who sells by retail any ammunition shall, before delivery, make or cause to be made an entry in a book to be kept for that purpose specifying the quantity and description of the ammunition sold, the date of such sale, the name and address of the purchaser, the person by whom and the place at which the licence produced by the purchaser was issued, the number and date of such licence, or the circumstances exempting such purchaser from having such licence. Such book shall be produced for inspection on the request of any member of the Police Iorce, and the permit referred to in subsection (1) of this section shall be delivered up to such officer. (3) Any person who contravenes any of the foregoing provisions of this section, or, on the sale or purchase of any ammunition, knowingly makes, or causes to be made, any false entry or statement as to any matter concerning which he is required by this section to make any entry or statement, shall be liable to a fine of forty-eight dollars. (4) Nothing in this section contained shall make it an offence to sell and deliver ammunition to anyone representing himself to be the agent or scrvant of a person holding a licence, or entitled to keep firearms without a licence, if at the time such agent or servant produces a written authority from his employer to purchase such ammunition on his behalf. Restrictions on sale of ammunition. Form E, Entry of particulars of sale. Inspection of book. Olfences, I-xemption. 224 Ch. 30. No.5.] Firearms and Ammunition. Loan bit wale 26. The powers conferred on the Governor by sections 21 or toorder and 22 by proclamation to prohibit the sale of firearms and delivery of to order the delivery up of firearms, may in like manner ammunition, . : : : sys be exercised from time to time with regard to ammunition. Recovery of penalties. Recovery of = 27, All offences under this Ordinance may be prosecuted, penalties. and all penalties incurred may be imposed or recovered, before a Magistrate or Justice, in the manner provided by the Summary Courts Ordinance. SCHEDULE. Form A. (Section 4.) Licence to keep Firearms. No. of A.B. [name in full), residing at having paid the sum of is hereby licensed under the provisions of the Firearms and Ammunition Ordinance to keep the: following firearm, viz.:— Dated this day of ,19 (Signed) C.D. NotTE.—This Licence expires on the 31st of March, 19 Form B. (Section 11.) Licence to deal in Firearms or to trade as a Gunsmith. No. of A.B. of , having paid the sum of $4.80, is hereby licensed to deal in firearms [or trade as a gunsmith], under the provisions of the Firearms and Ammunition Ordinance, in the premises in the , known as No. Dated this day of 19 (Signed) C.D.. Norre.—This Licence expires on the 31st of March,19 Iirearms and Ammunition. [Ch. 30. No. 5. 225 Form C, Firearms Receipt Book. (Section _ 16 (1).) | | Date Person from | Address of | Description of whom Pe whom Number. _ of Remarks. Receipt. received. reevive received. fo Firearm.,* * Description to be full and accurate—specifying whether rifle, gun, etc., number ‘of barrels or chambers in case of revolvers, bore, whether magazine or repeating, maker's name if known, etc. {¢ Remarks to specify whether for sale, hire, repair, etc. Form D. (Scetion 16 (2). Firearms Delivery Book. (2),) wT atoll Nata oma Date 1 erson Address of i Number | Nature of Number, Descrip- ‘0 person to! licence of - of 1 1 of lof Fi tion of | Remarks.t Delivery! Wom wiom | Licence. | 7° OMe)“ Ire- 1 Bircarm.* ‘{delivered. delivered. ! of issuc. | arms. * Description to be full and accurate—-specifying whether rifle, gun, etc., number of barrels or chambers in case of revolvers, bore, whether magazine or repeating, maker's name if known, etc. ft Remarks to specify whether for sate, hire, repair, etc. Form E. Permit to Purchase Ammunition. (Section 25.) of is hereby permitted to purchase the ammunition herein described : Quantity Description This permit is available for one month from the date hereof and no longer. Dated this day of 19. Officer of Police. T.—IV. 15 226 Ch. 30. No. 6.) Food and Fuel Control. CHAPTER 30. No. 6. FOOD AND FUEL CONTROL. Crap AN ORDINANCE TO AUTHORISE THE GOVERNOR TO FIX 1940. MAXIMUM PRICES FOR THE SALE OF FOODSTUFFS AND FUEL FOR CONSUMPTION IN THE COLONY, AND TO AUTHORISE THE SEIZURE OF FOODSTUFFS AND FUEL WITH A VIEW TO THEIR SALE FOR CONSUMPTION IN THE COLONY. Conimence- [15th September, 1920. ] ment. 1. Vhis Ordinance may be cited as the Food and Fuel Control Ordinance. Interpres 2. In this Ordinance.-- tation, foodstulf ”’ includes anything capable of being used as food for man or of being converted into food for man; fucl includes all mineral and vegetable oils and their derivatives, firewood, coal, lignite, and charcoal. Power to fix 3. (1) The Governor may, if he thinks fit, by order prices of food Published in the Royal Gazette, fix the maximum retail price and fuel. and also, if he thinks fit, the maximum wholesale price at which anv foodstuff or fuel, whether imported or produced or manufactured in the Colony, may be sold or bought for consumption in the Colony, and may in like manner— (a) fix different prices for the sale of any foodstuff or fuel in different localities ;° (b) fix different prices for the sale of any imported foodstuff or fuel and for the sale of the same foodstuff or fuel produced or manufactured in the Colony; Food and Fuel Control. [Ch. 30. No. 6. (c) define, for the purposes of this Ordinance, the meaning of the expression _retail’’ and ~~ wholesale ”’ as applied to any foodstuff or fuel; (d) declare whether a maximum price is or is not to include the whole or any part of the cost of delivery or of the container or package; and (e) prohibit or permit the imposition by the vendor of any condition on the sale of any foodstuff or fuel. (2) No person shall, without the licence of the Governor, sell or buy for consumption in the Colony, or contract or attempt so to sell or buy, any foodstuff or fuel at a price higher than that so fixed. But nothing in this section shall make it unlawful to buy at any price, for importation, goods which have not yet been imported. (3) If there shall be any contravention of the provisions of this section or of any order made under this section, every person who is a party to such contravention, and also the owner of the foodstuff or fuel with respect to which a con- travention takes place, unless he proves that the contraven- tion took place without his knowledge, instigation, consent, 3 approval, shall, on summary conviction, be liable for each offence to a fine of two hundred and forty dollars, and, in addition, to a penalty not exceeding the maximum price at which the sale or attempted sale with respect to which the contravention took place could lawfully have been made. (4) The burden of proving that a sale or purchase of any article was not for consumption in the Colony shall lie on the person alleging the same. 4. (1) If any person carrying on a retail business which includes the selling for consumption in the Colony of any foodstuff or fuel of which the maximum price is for the time being fixed under this Ordinance refuses, without reasonable excuse, to sell for cash a reasonable quantity of any such foodstuff or fuel on demand by an intending purchaser, he shall be liable, on summary conviction, to a fine of forty- eight dollars. (2) It shall not be a reasonable excuse within the meaning of this section that the intending purchaser has not previously been a customer or is not a regular customer 15 (2) 227 Licence to sell or buy at higher price. Burden of proof. Refusal to sell retail. by 228 Application of section, Power to order seizure of food and fuel. Tayiment for articles of food and fucl seized. Disclosure stocks of foodand fuel. Ch. 30. No. 6.] Food and I'uel Control. of the vendor, or that the vendor wishes to reserve a stock for sale to regular customers. (3) This section shall apply only to foodstuffs or fucl to which the Governor, by order published in the Rova/ Gaselle, declares this section to be applicable, and with respect to which the Governor in like manner declares what is to he considered a reasonable quantity for the purpose. of this section. 5. (1) With a view to ensuring a sufficient supply of foodstuffs and fuel fer consumption in the Colony, the Governor may, if he thinks fit, order that any foodstull or fucl Le seized and sold to such persons, and subject to such conditions, as the Governor shall deem expedient for the purpo. of ensuring the ultimate retail sale of the food or fucl so seized for consumption in the Colony. (2) The seizure may be effected by any member of thie Police Force, who may use any necessary force, and may, if necessary, break, enter, and search any buildmg at any time in the day time. (3) Any person who resists or obstructs any such seizure, or secretes or removes any foodstuff er fuel ordered to ke seized, or attempts to do any of those things, shall be liabic, on sumumary conviction, to a fine of two hundred and ferty dollars. 6. All foodstuffs and fuel seized under this Ordinance shall, as soon as practicable after seizure, be paid for at the maximum wholcsale price for the time being fixed under this Ordinance, or, if no such price has been fixed, then at such price as a Judge of the Supreme Court shall, on application being made to him in Chambers, decide to be a fair price. 7. The Governor may order any person to make a statutory declaration, within such time as may be specified in the order, giving full and accurate particulars of all stocks of any foodstuff or fuel mentioned in the order belonging to him or in his possession, power, or control and the place of storage of the same, and any person who fails or neglects to comply with such order shall be liable, on summary conviction, to a fine of two hundred and forty dollars. Food and Fuel Control. [Ch. 30. No. 6. 8. No person shall be liable for any breach of contract if the breach is caused by a seizure effected under this Ordinance. 9. (1) Without prejudice to any other power of prohibiting or regulating the exportation of goods from the Colony, the Governor may, if he thinks fit, by order published in the Royal Gazette, prohibit the export of any foodstuff or fuel of which, in the opinion of the Governor, it is expedient to retain stocks for consumption in the Colony, or permit the export of any such foodstuff or fuel only on the conditions specified in the order. (2) This section shall have effect as if it formed part of the Customs Ordinance, and every person concerned in the exportation or attempted exportation of any foodstuif or fuel in contravention of any order made under this section shall be Hable, on summary conviction, for each offence, to a fine of four hundred and eighty dollars, and, in addition, to a penalty not exceeding the export value of the foodstult or fuel so exported or attempted to be exported. 229 Effect of scizure on contracts, Power to prohibit exportation, 230 Ch. 30. No. 7.] Old Metal and Marine Stores. CHAPTER 30. No. 7. OLD METAL AND MARINE STORES. Ordinances AN ORDINANCE RELATING TO THE SALE OF OLD METAL AND Ch.30. No.7- > > L940. MARINE STORES. No. 41-1942. Commence- ; ment. [26th August, 1904.] Short title, 1. This Ordinance may be cited as the Old Metal and Marine Stores Ordinance. Interpre- tation, 2. In this Ordinance— ‘‘marine stores’’ means second-hand cables, sails, old junk, or other second-hand marine stores of any kind; ‘‘old metal means old metal, used or second-hand metal fittings, scrap metal, broken metal, partly manufactured metal goods, and defaced or old metal goods. Dealerstobe — 3, It shall not be lawful for any person to carry on the licensed. : . “4 business of a dealer in old metal or marine stores unless he shall have previously taken out a licence under this Ordinance. Licence. . 4. (1) Licences under this Ordinance shall be granted by and at the discretion of the Magistrate of the district in which the premises to be licensed are situate. Ord.41-1942, (2) No such licence shall be granted without the s 2. previous report of the officer of Police in charge of the division in which the premises to be licensed are situate, and before the expiration of twenty-one days at least Old Metal and Marine Stores. [Ch.30. No. 7. after application in writing has been made therefor to the Magistrate. (3) Such licences shall be in the form in the First Schedule hereto, and shall be annual licences terminating on the 31st of December of the year for which they are granted. A fee of $2.40 shall be paid to the Magistrate for each such licence. 5. Over one of the principal entrances to the premises licensed under this Ordinance there shall be placed a board on which shall be printed, in legible Ietters of at least two inches in length, the name in full of the person holding such licence and the words “ Licensed dealer in Old Metal and Marine Stores.” 6. (1) Every person licensed under this Ordinance shall keep a book in the form in the Second Schedule hereto, in which he shall legibly enter in ink the date and hour of the day when any old metal or marine stores are purchased or received, the name in full, and the residence and occupation of the person from whom any such metal or stores are purchased and received, and in the case of an agent, the name and address of the principal, the quantity purchased and received, and the price paid for the same. Ifvery such entry as aforesaid shall be made at the time of such sale, purchase, or dealing, and shall be signed by the licensee or his agent and by the vendor or his agent. (2) No person shall purchase or receive any such old metal or marine stores except between the hours of seven o’clock in the morning and six o’clock in the evening. (3) No person shall purchase or receive any old metal or marine stores from any person apparently under the age of sixteen years. (4) No person shall employ any servant or apprentice or other person under the age of sixteen years to purchase or receive such metal or stores. (5) No old metal or marine stores shall be purchased or received at any one time in any quantity less than twenty- five pounds. 231 1st Schedule. Signboard. Dealer to kcep book. 2nd Schedule. Times for dealing. Persons under 16 years, Idem. Minimum quantity. 232 Power of entry and inspection. Goods purchased to be kept for 15 days. Exemption. Ord.41-1942, s. 3. Failing to give infor- mation to Police. Penalties, Ch. 30. No. 7.] Old Metal and Marine Stores. 7. It shall be lawful for any constable, at any time when the licensed premises are open for business, to inspect any such book as aforesaid and all old metal and marine stores in the premises of any licensee under this Ordinance; and such licensee, or his representative, or the person in charge of such premises, or the person in whose custody or charge such book, metal, or stores may be, or the person who shall have made any entry in such book with respect to which any such constable may desire to ask any questions, shall permit such constab!e te inspect such book, metal, and stores, and shall answer all such questions as shall be asked by such censtable with reference to such book, metal, or stores or any of the entries or contents of such book. 8. Old metal and marine stores purchased or received by a licensed dealer shall be kept in the licensed premises and shall not in any way be changed in form or shape or dis- figured for a period of at least fifteen days after such old metal or marine stores shall have been purchased or received: Provided that the officer of Police in charge of the division in which the licensee carries on his business may, in his discretion, on the application of any licensee, grant a permit —- (a) for the shipment or alteration in form or shape of ‘any such old metal or marine stores without the same having been kept for such period of fifteen days; (b) for the shipment of broken machinery direct from the place where the same is purchased, without com- pliance with the provisions of this section. 9. Every person licensed under this Ordinance who, after notice has been given to him by any constable or by adver- tisement in the Royal Gazette that any old metal or marine stores have been stolen or fraudulently obtained, fails to give information to the Police that articles of the like description were offered to him or were or are in his posses- sion, shall be guilty of an offence against this Ordinance 10. Every person who shall do or omit to do anything which is by this Ordinance forbidden or required to be Old Metal and Marine Stores. [Ch. 30. No. 7. 233 done, or shall assault, resist, oppose, hinder, prevent, or obstruct any person acting under and by the authority of this Ordinance, or shall in any way violate or assist in, or be party to, the violation of any of the provisions of this Ordinance, or shall be guilty of any offence against this Ordinance, shall be Hable, on summary conviction, to a fine of ninety-six dollars. 11. When any person licensed under this Ordinance is Licence may convicted of any offence against the provisions of this onconvic- Ordinance, it shall be lawful for the Court, if it sees fit, tion. to cancel the licence of such person. 12. All moneys received for licences, and all penalties Appropria- recovered under this Ordinance, shall be paid into the fore . moneys. Treasury for the use of the Colony. SCHEDULES. FIRST SCHEDULE. Form of Licence. (Section 4.) A.B. having this day paid the sum of $2.40 is hereby authorised and licensed to deal in Old Metal and Marine Stores at in accordance with the provisions of the Old Metal and Marine Stores Ordinance. This licence expires on the 31st of December, 19 C.D. Magistrate. Dated at this day of ,19 $2.40. 234 Ch. 30. No.7.) Old Metal and Marine Stores. (Section 6.) SECOND SCHEDULE. Form of Book to be kept by Licensee. Date. | Hour. Name in full, residence and occupation of seller. Name and address of principal. Description and quantity of goods purchased and received. Signatures of Price. licensee and seller. News papers. {Ch. 30. No. 8. 235 CHAPTER 30. No. 8. NEWSPAPERS. AN ORDINANCE TO MAKE PROVISION FOR TIE REGISTRATION Ordinance Ch.30. No.8- AND CONTROL OF NEWSPAPERS, 1940. | 2nd Mav, 1935. | Commence- . ment. 1. This Ordinance may be cited as the Newspapers Short title. Ordinance. 2. In this Ordinance Interpre- tation. company ”’ means a company formed and registered under the provisions of the Companies Ordinance ; newspaper ’’ includes every paper or pamphlet containing any public news, intelligence or report of any occurrence or any remarks or observations thereon or upon any political matter, published for sale, distribution or other purpose in parts or numbers at intervals not exceeding one hundred days, but does not include the Roval Gazette or any paper, report, matter or thing printed by the Government Printer or published by Government authority, or programmes, notices or printed matter containing only or principally bona fide advertisements ; “printer ’’ includes any person who conducts the actual printing of a newspaper; “proprietor ’’ includes as well the sole proprietor of any newspaper as also in the case of a divided pro- prietorship the persons who, as partners or otherwise represent and are responsible for any share or interest in the newspaper as between themselves and the 236 Statutory declaration required before printing or publication, Particulars of statutory declaration. New statutory declaration when required. Bond by proprictor, printer, and publisher of newspaper. Ch. 30. No. 8.] Newspapers. persons in like manner representing or responsible for the other shares or interests therein, and no other person, process means all) legal) process whatsoever Whether civil or criminal and includes all notices under this Ordinance and all summonses, subpoenas, rules and orders of any court. 3. No person shall print or publish, or cause to be printed or published, any newspaper unless there has been filed with and registered at the office of the Registrar General a statutory declaration, as hereinafter prescribed. 4. The statutory declaration shall be made and signed by every person named therein as proprietor or printer, or publisher, of the newspaper to which it relates and shall set. forth— (a) the correct title or name of the newspaper ; (6) the true description of the house or building Wherein the newspaper is intended to be printed, and also of the house or building wherein it is intended to be published; and , (c) the true names and places of abode of every person who is intended to be the proprietor, printer or publisher of the newspaper. 5. Whenever any proprictor, printet or publisher named in such statutory declaration shall be changed or shall change his place of abode, printing house or office, and as often as the title of the newspaper shall be changed, then and in every such case a new statutory declaration which shall contain all the several matters and things required by section 4 shall be made, filed and registered as herein- before prescribed. 6. No person shall print or publish or cause to be printed or published any newspaper published at intervals not exceeding twenty-six days unless and until the proprietor, printer and publisher thereof have entered into and delivered to and registered with the Registrar General, a bond to His Majesty, His heirs and successors in the sum of one thousand New'spu pers. [Ch. 30. No. 8. dollars together with one or more sureties, as may be required and approved by the Registrar General. The conditions of such bond shall be that cach proprictor, printer and publisher shall pay to His Majesty every penalty which may at any time be imposed upon or adjudged against him or them upon any conviction for printing or publishing any blasphemous or seditious or other libel at any time after the execution of such bond, and also any damages and costs on every judgment for the plaintiff in any action for libel against such proprietor, printer or publisher and all other penalties whatsoever which may be imposed upon or adjudged by any court against him or them under the provisions of this Ordinance. 7. A surety shall be released from his bond upon giving written notice to the proprietor, printer and publisher of the newspaper to that effect and filing a copy of such notice with the Registrar General. In such case the surety shall be released from further liability upon the bond from and after the expiration of twenty days from the date of the filing of a copy of the notice as aforesaid. Provided that notwithstanding any such release such surety shall continue to be lable in respect of all penalties incurred by and all damages and costs adjudged against any such proprictor, printer or publisher in respect of any proceedings commenced within six months of the date of such release for any blasphemous or seditious or other libel printed or published, or for any offence under this Ordinance committed before the date of such release. 8. The Registrar General may at any time during the continuance of a bond call wpon the surety or surctics thereof to satisfy him as to means and for that purpose may require a statutory declaration justifying such means. Upon failure of the surety or sureties to satisfy him as aforesaid, the bond shall become null and void and the Registrar General shall thereupon notify in writing the partics to the bund to that effect. 9. Whenever any surety has paid the whole of the sum for which he has become surety, or dies, or has been declared 237 Release of surety. Kegistrar General may call on surety to justify. Bond null and void. 238 New bond. Statutory declaration and bond by company, Penalty for printing, publishing, selling. or distributing Newspaper in contravens tion of the Ordinance. Particulars to be printed on news- paper. Ch. 30. No. 8.] Newspapers. a bankrupt or has executed any deed of composition with his creditors, or is released as provided for in section 7, or upon notification or failure to satisfy the Registrar General as to means as is hereinbefore provided, the bond in any such case shall become null and void. 10. No person shall print or publish, or cause to be printed or published, any newspaper the bond in respect of Which has become void until a new bond shall have been executed and registered in manner and in the amount as hereinbefore provided. 11. When a company is the proprietor, printer or publisher ofa newspaper, any statutory declaration required by this Ordinance shall be made and signed by the secretary or one of the directors of the company, and the bond required by this Ordinance shall be given and exerted by such company under its seal and by such surety « sureties as the Registrar General may require and approve. 12. Every person who— (a) prints or publishes or causes to be printed or published any newspaper in contravention of sections 3, 6 or 10, o1 (b) sells or distributes any newspaper which he knows or has reason to believe has been printed or published in contravention of any of the aforemen- tioned sections, shall be liable to a fine of two hundred and fifty dollars. 13. (1) At the foot of the last page of every newspaper and of every supplement issued therewith, shall be printed the christian name and surname, occupation and place of abode of its proprietor, printer and publisher, and in the case of a company its corporate name and also a true description of the house or building whercin it is actually printed and published respectively, and at some place in the newspaper the day of the week, month and year on which it is published. Newspapers. (Ch. 30. No. 8. (2) I-very person who knowingly and wilfully prints or publishes or causes to be printed or published, any newspaper or supplement thereto, whereon the several particulars aforesaid are not set forth, or are falsely set forth, shall be liable to a fine of one hundred dollars. 14. (1) The printer or publisher of every newspaper in the Colony shall, within six days after cach publication of the newspaper, deliver, or cause to be delivered, at the office of the Registrar General one copy of that newspaper free of cost, with the name and place of abode of the printer or publisher thereof signed and written thereon by his proper hand and in his accustomed manner of signing, or by some person appointed and authorised by him for that purpose, of whose appointment and authority notice in writing signed by the printer or publisher has been delivered at the office of the Registrar General. (2) Every printer or publisher of a newspaper who fails or neglects to deliver or cause to be delivered, in manner hereinbefore directed, a copy signed as aforesaid shall be liable to a tine of fifty dollars for every such failure or neglect to deliver. 15. (1) The proprietor and publisher of every newspaper shall file or cause to be filed in the month of January in every year with the Registrar General a return of the following particulars — (a) the title of the newspaper; (b) the names of all the proprictors of the newspaper with their respective occupations, places of business, if any, places of abode; and (c) the yearly circulation for the previous calendar year ending on the 31st of December. (2) Every proprictor and publisher failing to file such return as aforesaid shall be Hable to a fine of one hundred dollars. 16. The Registrar General shall cause to be entered in a book kept for that purpose in his office, the title of every newspaper registered at his office and also the names of the proprietors, printers and publishers thereof, as they 239 lalse par- ticulars. Delivery of signed copies of news- papers. Penalty. Annual returns of particulars of news- papers. Registration of titles of newspapcrs and names of proprietors, printers and publishers. 240 Fee, Schedule. Making false or defective statutory declaration, Recovery of penaltics, Ch. 30. No. 8.] Newspapers. appear in the statutory declaration required by this Ordinance to be made relating to those newspapers respectively. 17. There shall be paid to the Registrar General the fees specified in the Schedule hercto in respect of the several matters therein specified. 18. Notwithstanding anything contained in the Perjury Ordinance in that behalf every person who knowingly and wilfully signs and makes any statutory declaration required by this Ordinance —- (a) in which there is inserted or set forth the name of any person as a proprictor, printer or publisher of any newspaper to which the statutory declaration relates who is not the proprietor, printer or publisher thereof, or (0) from which there 1s omitted the name or place of abode of any proprietor, printer or publisher of the newspaper, contrary to the provisions of this Ordinance, or (c) in which any matter or thing by this Ordinance required to be set forth is falsely set forth, or (7) from which any matter or thing required by this Ordinance to be set forth is omitted, shall be Hable to a fine of two hundred and fifty dollars. 19. In any civil or criminal proceedings against any proprietor, printer or publisher of any newspaper, service at the house or building mentioned in any statutory declaration aforesaid as the house or building at which that newspaper is printed, or published, of any notice or other matter required or directed by this Ordinance to be given or left, or of any process whatsoever, shall be taken to be good and sufficient service thereof respectively upon and against every person named in the statutory declaration as the proprietor, printer or publisher of that newspaper. 20. (1) All penalties under this Ordinance may be recovered on summary conviction on complaint laid by the Registrar General. Newspapers. (Ch. 30. No. 8. 241 (2) All penalties recoverable under any bond given under this Ordinance shall be recovered by the Attorney General as Crown debts. SCHEDULE. (Section 17.) $ lor filing Statutory Declaration 1.20 For Registratign of Bond 4.80 For every search of Register .60 For inspecting file of documents (other than newspaper files) .60 For filing any document (other th: a newspaper not otherwise provided for in this Schedule) .60 T.—IV. 16 242 Ordinance Ch.30. No.- 1940, Commence- ment. Short title. Application. Interp ree tation. Ch. 30. No. 9.] Theatres and Dance Halls. CHAPTER 30. No. 9. THEATRES AND DANCE HALLS. AN ORDINANCE TO REGULATE THE USE OF THEATRES, DANCE HALLS AND OTHER PLACES OF ENTERTAINMENT AND TO PROVIDE FOR THE LICENSING THEREGF. [ist Januarv, 1935.] 1. (1) This Ordinance may be cited as the Theatres and Dance Halls Ordinance. (2) This Ordinance shall apply only to such towns or other areas as may be specified by the Governor in Council by proclamation in the Royal Gazette. A proclamation made under this subsection may be varied or revoked by proclamation made in like manner.* 2. In this Ordinanece—- dance liil meas any building, tent or other erection open to the public gratuitously or otherwise, where public dancing or singing takes place; * The following towns and areas have been proclaimed: (i) The County of St. George. (ii) The County of Victoria. (iii) The Police districts (as defined by section 2 of the Police Ordinance ) served by the following Police Stations— (a) Couva. (b) Chaguanas. (c) Siparia. | (d) Fyzabad. (e) La Brea. + (f) Penal. G.N. 10-1946 (g) Point Fortin. (4) Sangre Grande. (4) Scarborough. (j) Roxborough. (4) Palo Seco. G.N. 104-1949. Theatres and Dance Halls. (Ch. 30. No. 9. 243 “licence ’’ means a licence granted in the form in the Schedule. Schedule hereto, and “ licensed’ shall be construed accordingly ; “ Licensing Authority ’’ means any person or body of persons appointed by the Governor by notice in the Royal Gazette to be a Licensing Authority for any proclaimed area specified in such notice;* “proclaimed area means any area to which the provisions of this Ordinance have been applied in accordance with subsection (2) of section 1; stage play ’”’ includes any tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomine, prologue, epilogue, concert or other dramatic or musical entertainment or any part thereof; = se apatite eye ge age ial a labial aa ne hoes hate be eae ce Rie Cherie Said igang oo Daa aa iad tale ies i . Sfeaandamted ypc eal Stn bel EAM aceite ; . ‘theatre’? means any building, tent or other erection open to the public, gratuitously or otherwise, where a stage play is performed, presented or held and includes a dance hall. 3. (1) After the commencement of this Ordinance a place Gravt and within a proclaimed area shall not be used as a theatre or of licences. dance hall without a licence. (2) A Licensing Authority may grant licences for any period not exceeding twelve months to such persons as it thinks fit to use places as theatres or dance halls on such terms and conditions as may be imposed by regulations made under this Ordinance or as may be endorsed on the licence by the Licensing Authority. (3) A Licensing Authority may transfer any licence to any person whom it thinks fit. (4) A Licensing Authority may, in its discretion refuse to grant a licence or transfer of a licence or may grant it subject to such terms and conditions as it may think desirable. * The undermentioned have been appointed Licensing Authorities :— R.G. The Police Officer in charge of the division in which each of the several 31.12.42 proclaimed areas is situate, has been appointed the Licensing Authority for the purpose of regulating the use of Theatres, Dance Halls and other places of entertainment therein, and to provide for the licensing thereof. 16 (2) 244 Penalties. Dower o entry. Ch. 30. No. 9.] Theatres and Dance Halls. (5) The following fees shall be payable to the Licensing Authority granting a licence or transfer of a licence in respect of a theatre or dance hall: § For a licence for one specific occasion 0 For a licence for a period not exceeding 14 days 1.00 For a licence for a period not exceeding 1 month 1.50 For a licence for a period not exceeding 6 months 3.00 For a licence for a period not exceeding 12 months 5.00 (6) Iexcept where the period for which a licence is im force does not exceed fourteen days, there shall be affixed and kept affixed in some conspicuous place and so as to be easily legible on or immediately over and on the outer side of the main entrance of every licensed place, the words “ Licensed in pursuance of the Theatres and Dance Halls Ordinance.” 4. (1) If any place is used as a theatre or dance hall without a licence the owner or occupier thereof, unless he proves to the satisfaction of the court that the place is so used without his consent or connivance shall be hable, on summary conviction, to a fine of twenty-four dollars for every day on which the place is so used. (2) If the holder of a licence acts in contravention of or fails to comply with the provisions of this Ordinance or any regulation made thereunder or with any term, condition or restriction on or subject to which the licence is granted, he shall be Hable, on summary conviction, to a fine of ninety-six dollars, and in the case of a continuing offence to a fine of twenty-four dollars for each day on which the contravention continues after conviction therefor, and the licence of any person so convicted may be revoked by the Licensing Authority 5. Any constable detailed for the purpose, may at all reasonable times enter upon any licensed premises with a view to secing whether the provisions of this Ordinance or any regulations made thereunder or the conditions of any licence, are being or have been complied with. Any person preventing or obstructing such entry shall, on summary conviction, be hable to a fine of forty-eight dollars. Theatres and Dance Halls. (Ch. 30. No. 9. 245 6. (1) The Governor in Council may make regulations— Power to “a: “a: : make regu- (a) prescribing conditions to be observed in reference lations. to the erection, alteration and cquipment of any theatre or dance hall; (6) prescribing conditions to be observed in reference to the safety from fire or otherwise of any theatre or dance hall or for the safety, convenience and control of persons attending any such theatre or dance hall; (c) generally for the more effective carrying out of the provisions of this Ordinance. (2) Regulations made under this section shall have no force or effect until they have been approved by the Legis- lative Council. 7. Nothing in this Ordinance shall exempt any person or Savings and place from the provisions of any other enactment requiring “*°™P"°"* the licensing for any purposes of that person or place or shall apply to any place in the control of any municipal authority or in any building thereon. SCHEDULE. (Section 2.) Form LicENCE. CoLtony oF TRINIDAD AND Topaco. The Theatres and Dance Halls Ordinance. Licence is hereby granted to , of , to use the premises situate at as a Theatre/Dance Hall for the period of from the day of , 19 subject to the provisions of the Theatres and Dance Halls Ordinance and any regulations made thereunder or any conditions endorsed hereon. Dated this day of 19 Licensing Authority. Fee paid $ 246 Ordinances Ch.40. No.0 1940. Xo, 32-1941 31--1948. 22 1944 Commencc- ment. Interpre- tation. Ord.31-1948. Ch. 30. No. 10.] Cinematograph. CHAPTER 30. No. 10. CINEMATOGRAPH. AN ORDINANCE RELATING TO CINEMATOGRAPH EXHIBITIONS. [17th December, 19306. | 1. This Ordinance may be cited as the Cinematograph Ordinance. 2. In this Ordinance- “ Board " means the Board of l'ilm Censors appointed under and for the purposes of this Ordinance, and “censor "’ means a member of the Board, British company in reference to a British film means a company constituted under the laws of any part of the Commonwealth countries, the majority of the directors of which are British subjects, British hlm means (a) any film depicting scenes intended for exhibition by a cinematograph apparatus which has been shown to the satisfaction of the Board to have been registered as a British film under the provisions of the Cinematograph Films Acts, 1938 and 1948; and (b) any news film, or any film depicting natural scenery, agricultural, industrial or manufacturing processes, or any scientific or natural history film, which is not registered in Great Britian under the Cinematograph Tilms Acts, 1938 and 1948, when such film is shown to the satisfaction of the Board Cinematograph, [CGh. 30. No. 10. 247 to have been photographed wholly or mainly in the Commonwealth countries and made by a maker who is a British subject or a British company ; cinematograph film or film — includes inflam- mable film, non-inflammable film, silent film and phono film; exhibitor ’’ means a person licensed under the provisions of this Ordinance to exhibit films to the public; “feature film means a film other than a news film of not less than 5,000 fect in length, “length ’’ means the total length of films as approved by a censor for projection at public exhibitions thereof; “ Licensing Authority ’’ means the persons appointed as such under and for the purposes of this Ordinance ; “maker ’’ in relation to any film means the person by whom the arrangements necessary for the production of the film are undertaken, “news film means a film depicting wholly or mainly news and current events, oP “poster ’’ or “‘ film-poster’’ includes any printed Ord.32-1941, matter, placard, pamphlet, photograph, picture or *% other device for advertising a film or cinematograph exhibition, but does not include an article in a news- paper or periodical descriptive of, or commenting on, a film; theatre ’’ means any building or place used or intended to be used for ‘‘ cinematograph exhibitions,”’ being exhibitions of pictures or other optical effects by means of a cinematograph or other similar apparatus for the purposes of which cinematograph films are used, and ‘‘ place ”’ shall refer to premises other than a building whether or not such place is enclosed or covered in part or whole. ” 3. An exhibition of pictures or other optical effects by Provisions means of a cinematograph or other similar apparatus, for cinemato- the purposes of which cinematograph films are used, shall graph exhibi- 5 : : tions except not fe given unless the regulations made by the Governor in ticensed 248 Ch. 30. No. 10.| Cinematograph. premises and in Couneil for the control of such exhibitions and for by licensed persons. License ne Authoritics, Apphe for thes licence securing safety are complied with, or elsewhere than in a theatre licensed for the purpose under this Ordinance and no person shall carry on the business of exhibiting films to the public on payment unless he holds a licence for the purpose, in accordance with the provisions of this Ordinance. 4. (1) For the purpose of granting a theatre licence under this Ordinance the Licensing Authority shall be the Magis- trate for the district within which the theatre is situate, and for the purpose of granting an exhibitor’s Heence under this Ordinance the Licensing Authority shall be the Magistrate of the district in which the applicant for a licence resides or has his principal place of business. (2) The Licensing Authority may grant licences to such persons as he may think fit to hold cinematograph exhibitions throughout the Colony or to use the theatre specified in the licence, on such conditions and under such restrictions as may be laid down in the licence and in any regulations made under this Ordinance. 5. (1) Every application for a theatre licence shall state the applicant’s name, occupation and residence, the sttua- tion of the theatre to be leensed and any other relevant lacts in support of the application and shall, in any case in which the theatre has not been crected or has not been completed at the date of the application, be accompanied by a plan of the proposed theatre and a specification of the proposed fittings and furnishings thereof to the satisfaction of the Licensing Authority = The application shall not be heard until after the expiration of twenty-one days from the date of its filing with the Licensing Authority, who shall at least fourteen days before the date fixed for the hearing, cause notice of the application and of the time and place fixed for the hearing to be published in the Royal Gazelle and in a daily newspaper circulating in the Colony and to be served on the Commissioner of Police. (2) The applicant shall have the right of appearing before the Licensing Authority at the hearing, personally or by his counsel or solicitor, and of being heard, and of adducing evidence, in support of his application. Cinematograph. |Ch. 30. No. 10. (3) Any owner or occupier of property situate within a quarter of a mile of the premises in respect of which a licence is applied for and any member of the Police Force in charge of the Police district in which such premises are situate shall have the right of appearing before the Licensing Authority at the hearing, personally or by his counsel, or solicitor, and of objecting to the granting of the licence and of adducing evidence in support of his objection. (+) The Licensing Authority may, at the hearing, approve the grant of a licence and the conclitions and restrictions to be attached thereto notwithstanding that the theatre has not been erected or completed at the time of such approval: Provided that the licence shall not be issued until the Licensing Authority is satisfied that the theatre has been completed, fitted and furnished in accordance with the plans and specification filed in support of the application for the licence or after such period as the Licensing Authority shall, in his diseretion, allow for such completion, fitting and furnishing. (5) Any person aggrieved by any decision of the Licensing Authority approving the grant of a licence or refusing to grant a licence may appeal from such decision to the Full Court Provided that for the purposes of this section any person aggrieved" shall mean the applicant or any person who is entitled under the provisions of this section to object to such licence and who shall have appeared before the Licensing Authority and objected to such licence. (6) The procedure in respect of any application or of any appeal in respect of such application shall be such as is laid down in the Summary Courts Ordinance. 6. (1) Without prejudice to the generality of the discre- tion vested in the Licensing Authority by section 4, the Licensing Authority shall, before approving the grant of a licence, take into consideration the arguments adduced and the evidence led at the hearing and the situation of the premises in relation to the amenities of the district such as its location in a residential area or in close proximity to any hospital, school, religious establishment, or public or private institution. 249 Restrictions on the granting of a theatre licence. 250 Exemption from com- pliance with this Ordi- nance in certain case. Revocation and suspen- sion of licence. Duration ol licence. Ch. 30. No. 10.| Cinematograph. _ (2) A theatre licence shall not be approved unless the Licensing Authority is satisfied that adequate provisions have or will be made for ensuring— (a) that the sound of performances held therein shall not be a source of undue annoyance to or inter- ference with the comfort of occupiers of buildings in the neighbourhood, (2) that there are sufficient means of access to the theatre and sufficient car parking facilities in the vicinity so as to avoid undue congestion of traffic; (c) that any exhibition or performance in such theatre shall not in any other manner constitute a nuisance of a public nature. (3) The Licensing Authority shall not approve the grant of a theatre licence unless he is satisfied by a certificate of a competent engineer or architect or by other sufficient evidence that adequate measures have or will be taken and that adequate provisions have or will be made for ensuring safety against fire and structural defects and for ensuring the safe and proper accommodation of the members of the audience. 7. The Licensing Authority may issue a licence, subject to any conditions laid down therein, to any person to hold an exhibition of cinematograph films for charitable, educa- tional or other special purposes for such period as may be prescribed in the licence and exempting such person from compliance with the provisions of this Ordinance and the regulations made thereunder or any of them. 8. If any licensee shall be convicted of any offence under this Ordinance or any regulations made thereunder, it shall be lawful for the Court before which the conviction is had to cancel his licence, or to suspend his licence for such period as to the Court may seem just. 9. \ licence shall be in force for not longer than one year, and for such shorter period as the Licensing Authority on the granting of the licence may determine, unless the licence has been previously revoked. Cinematograph. |Gh. 30. No. 10. 10. (1) There shall be appointed from time to time by the Governor such fit persons, not less than five in number, as the Governor deems necessary, as censors, who shall together constitute a Board of Film Censors, for the purpose of censoring cinematograph films and film-posters. The censors shall hold office during the Governor’s pleasure, and the Governor shall nominate one of the censors as Chairman of the Board. Notice of any such appointment and of any revocation thereof shall be published in the Roval Gazette. (2) The Chairman may, with the approval of the Governor, appoimt a secretary to the Board at such remuneration and upon such conditions as he may deter- mine. 11. (1) It shall not be lawful to exhibit any cinemato- graph film unless such film has been submitted to and approved by the Board in the manner hereinafter provided. (2) It shall not be lawful to exhibit, display, publish or distribute any film-poster, unless such poster has either been submitted to and approved by the Board in the manner hereinafter provided or been submitted to and approved by the Chairman of the Board. 12. (1) It shall be the duty of the censor or censors deputed for the purpose by the Chairman of the Board, to examine cvery cinematograph film and every film-poster submitted to the Board for approval, and to report thereon to the Chairman. (2) The Board's approval shall not be given in the case of any film or any poster which in the opinion of the Board depicts any matter that is against public order and decency, or the exhibition of which for any other reason is in the opinion of the Board undesirable in the public interest. (3) As regards a film, such approval may be given generally or on condition that any portion of a film shall be omitted, or may be given subject to a condition that the film or portion of the film shall be exhibited only to persons of a specified age or sex or only at certain times. 251 Appoint- ment of Board of film censors. Films and posters to be censored. Ord.32-1941, s. 3. Duties of censors. 252 Board s certificate to state if film Britash, and Jength appreved lor sxhibition, Appe Records i returns. Monthly return to be furnished, Ch. 30. No. 10.] Cinematograph. (4) Such approval shall be signified by a certificate in the prescribed form. Such certificate may at any time be cancelled by notice in writing. (5) A film to which any matter has been added after it has heen approved by the Board shall be again submitted for approval, and until it has been again approved shall be deemed not to have been approved. 13. The certificate given by the Board under the pre- ceding section shall state whether the film to which. it apphes is a British film, and the length thereof approved for exhibition. Kor the purposes of this section each part of a film intended to be shown on one occasion as a single part of a consecutive series shall be deemed to be a complete film. 14. Any person who is aggrieved by any decision of the Board shall have a right of appeal to the Governor in Couneil, 15. There shall be payable for every licence required under this Ordinance and for every film and poster submitted for approval under this Ordinance such fees as are preseribed. 16. (1) Every oxhibitor shall keep in respect of each licensed) theatre where he carries on the exhibition of lilms a register in the prescribed form, and shall as soon as practicable after the conclusion of each exhibition. of films record therein the title, origin, length, and other particulars required, of cach film or section of a serial film as exhibited on the occasion in question. (2) every exhibitor shall furnish to the Chairman of the Board of Film Censors not later than the 15th day of each month a return in the prescribed form showing the title, length, origin and other particulars required of each film or section of a serial film exhibited by him at each licensed theatre under his control during the preceding calendar month. Cinematograph. |Ch. 30. No. 10. (3) Any exhibitor who exhibits films in a tent or other moveable structure licensed for the purpose shall not be required to keep more than one register in respect of such tent or structure. (4) The Commissioner of Police or any member of the Police Force appointed by him may at all reasonable times enter any licensed theatre and call for and examine the register which an exhibitor is required to keep under the terms of this section. (5) Any person who fails to keep a register and record therein such particulars as are mentioned in subsection (1) hereof or who fails to make a return in accordance with subsection (2) hereof, or who makes any false entry in such register or return, shall be hable to a fine of one hundred dollars. 17. (1) Every exhibitor who carries on the business of exhibiting cinematograph films to the public in a theatre licensed under this Ordinance, shall exhibit in such theatre such proportion or quota of British films as may be pre- scribed by regulations made under section 23 and may be applicable to his theatre. (2) Any such regulations may prescribe the method of calculating the proportion or quota of British films exhibited, and may be made in respect of films gencrally or in respect of specified classes or descriptions of films, and may he made in respect of all cinemas throughout the Colony or in respect of cinemas of specified classes or descriptions or in respect of cinemas in specified areas, and may prescribe different proportions or quotas of British films in the different cases or combinations of cases above-mentioned. (3) except as provided in section 7, any exhibitor who fails to comply with the provisions of this section shall, unless he proves to the satisfaction of the Court that the reasons for non-compliance were reasons beyond his control, and that he had exhibited as much of the appropriate proportion or quota of British films as was reasonably available be guilty of an offence and shall be liable on summary conviction to a fine of four hundred and eighty dollars. 253 Require- ments in case of exhibitors using moveable structures, Tower to call for and examine records, Penaltic. Drovisions as to British quotas. Ord.32-1941, s. 4. 254 Application of section 17. Ord.32-1941, s. 5. Exhibiting unapproved film or poster. ©rd.32-1941, O. Ord.22-1949, ? Ch. 30. No. 10.] Cinematograph. 18. The provisions of the preceding section shall not apply to the following, namely— (a) films being wholly or mainly commercial adver- tisements, (6) films used wholly or mainly for educational purposes and approved as such by the Chairman of the Board, (c) films consisting only of announcements or notices not accompanied by pictorial illustrations ; (d) films exhibited at a performance or exhibition where the total length cf film exhibited dees not exceed two thousand feet, (e) any class or description of film specified by the Governor in Council in @ notification published in the Roval Gazette. 19. (1) Every person who exhibits any film or any portion of a film in contravention of the provisions of this Ordinance shall be liable to a fine of four hundred and eighty dollars for cach occasion on which such offence takes place, and the film may be ordered by the court to be forfeited to the Crown. Any film or any portion of a film so forfeited shall be dealt with in such manner as the Commissioner of Police shal] direct. (2) Every person who exhibits, displays, publishes or distributes, or causes to be exhibited, displayed, published or distributed, any film-poster in contravention of sub- section (2) of section 11, shall be guilty of an offence and shall be liable on summary conviction to a fine of two hundred and forty dollars. 20. lf the owner of a-cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person supplies light for any cinematograph or other apparatus which he has reasonable grounds for believing is being or is to be used, or if the licensee or the owner or occupier of any building or place uses such building or place or allows such building or place to be used, in contravention of any of the previsions of this Ordinance, or of the con- ditions or restrictions upon or subject to which any licence relating to any such building or place has been granted under Cinematograph. [Ch. 30. No. 10. this Ordinance, he shall be guilty of an offence against this Ordinance and liable to a fine of two hundred and forty dollars, and, in the case of a continuing offence, to a further fine of one hundred dollars for each day during which the offence continues. 21. The Commissioner of Police or any member of the Police Force appointed by him or the Superintendent of Fire Brigades or any member of a Fire Brigade appointed by him or any censor may at all reasonable times enter any building or place, whether licensed or not, in which he has reason to believe that such an exhibition as aforesaid is being or is about to be given, with a view to sceing whether the provisions of this Ordinance or any regulations made thereunder, or the conditions of any licence granted under this Ordinance have been complied with, and if any person prevents or obstructs the entry of the Commissioner or any member of the Police Force appvinted as aforesaid or the Superintendent of Fire Brigades or any member of a Fire Brigade appointed by him, or any censor, he shall be liable to a fine of one hundred dollars. 22. All offences under this Ordinance (or under any regulations made under this Ordinance) may be prosecuted, ind all penalties incurred may be imposed or recovered, in the manner provided by the Summary Courts Ordinance. 23. (1) The Governor in Council may make regulations for prescribing anything which under this Ordinance is to be prescribed, generally for carrying this Ordinance into clfect, and determining offences against any of the said regulations and penalties therefor and in particular as to— (a) the duties of the Licensing Authority; (b) the duties of the Board of Film Censors; (c) the safety of persons attending a cinematograph exhibition ; (d) the particulars and evidence necessary for establishing the British nature of a film; (e) the fees to be paid for licences under this Ordinance; 255 Power of entry. Ord.22-1949, 3. 3. Recovery of penalties. Ord.22-1949, s. 4. Regulations. Ord.22-1949, s. 5. 256 Schedule, (Section 23.) Delinitions, G.N. 45- 1y5e. Ch. 30. No. i0.| Cinematograph (f) the hours during which any cinematograph exhibition shall not take place; (g) the form and duration of licences issued under this Ordinance and the conditions or restrictions subject to which a licence may be issued; (h) the form of the returns to be made, and of the records to be kept under this Ordinance: Provided that no penalty for an offence against any of the said regulations shall exceed a fine of five thousand dollars or imprisonment for twelve months with or without hard labour: Provided further that in the case of a continuing offence any such regulations may provide for-- further penalty of one hundred dollars for each day during which the offence continues. (2) Regulations made under this Ordinance shall have no force or effect until they have been approved by the Legislative Council: Provided that, until varied or revoked by any such regulations, the regulations and forms contained in the Schedule hereto shall be in force. THE SCHEDULE. Cinematograph Regulations. 1, These regulations may be cited as the Cinematograph Regulations. In these regulations— building means any structure used or intended to be used for the exhibition of films to the public, and includes any yard, external pe cage-way or open space connected therewith; enclosure means that part of a building in which cinematograph apparatus is installed and operated, ‘nit includes emergency exit and any passage-way ; new building ’’ means any building erected or adapted for use for the exhibition of films to the public, and put into use after the commencement of these Regulations ; re-winding room means a room designed and constructed with the approval of the Director of Works and Hydraulics and used for the re-winding of film; ” Cinematograph. [Ch. 30. No. 10. “theatre ’’ means a building or place licensed under the Cinemato- graph Ordinance; “ vault ”’ means a vault designed and constructed with the approval oi the Director of Works and Hydraulics. PART I. PROVISIONS FOR THE SAFETY OF THE AUDIENCE AND PREVENTION OF FIRE. a 3. (1) The design and construction of all new buildings shall be subject to the approval of the Director of Works and Hydraulics. (2) All buildings used for the exhibition of films to the public on the 2nd of March, 1950, shall within a period of eighteen months from that date conform to the provisions of these Regulations. 4. (1) All exits from a building provided for members of the public or the staff employed in connection with the building or with cinematograph exhibitions in the building shall be suitably indicated by notices bearing the word ‘‘ EXIT ”’ in six-inch letters and all such notices shall be tinted green and illuminated with green lights. (2) All other doors or openings leading from the auditorium gallery or any passageway into a dead end or such other places as are unsafe or unsuitable for the purpose of egress shall be indicated by notices bearing the words ““ NO THOROUGHFARE ” in six-inch letters. Such notices shall be tinted red and illuminated by red lights. , (3) Where doubt may arise as to the direction of exit, or where persons might unwittingly move into danger, a notice bearing the words “TO EXIT” in six-inch letters and tinted green or illuminated with green lights shall be provided. (4) All notices required by the three foregoing paragraphs shall be illuminated in such manner as may be specified by the Government Chief Ilectric Inspector. (5) Wherever possible such notices shall be placed above the doors to which they relate, but in any case they shall not be less than 6 feet 9 inches above floor level. 5. No chairs, seats or other obstructions shall be placed or allowed to remain in gangways or in any place used for the safe and speedy egress by the public or members of the staff employed in connection with any building or cinematograph exhibition in a building. 6. No standing of members of the audience shall be permitted in any theatre during any cinematograph exhibition other than for the purpose of gaining access to vacant seating or egress from the theatre during or at the conclusion of an exhibition. Any person who shall continue to stand when requested not to do so shall be guilty of an offence under aps regulation and liable on summary conviction to a fine of twenty-five ollars. 7. Whenever the public is present at any cinematograph exhibition exits shall be kept free of inflammable tapestries or any other object T.—IV. 257 Design and construction of new buildings. Exits. No chairs, etc., in gang- ways. No standing permitted. Provisions in connection with cinema exhibitions. 258 Provisions in connection with cinema exhibitions. Provisions in connection with floor coverings and curtains. Enclosures. Apparatus and installa- tions. Projectors. Films ex- ceeding 100,000 fect to be stored in vault, Cementing of films. Ch. 30. No. 10.] Cinematograph. likely to restrict egress by the public from the building in which such cinematograph exhibition is being held. 8. All sliding or folding shutters or roller or collapsible gates of a building shall be left fully open whilst the public is present at any cinematograph exhibition. 9. (1) Floor coverings of buildings shall be fixed in such a way as to prevent rucking or obstruction, and shall be sunk to floor level. All floors shall be maintained in a non-skid condition. (2) All curtains shall be hung not less than 2 inches clear of floors, and shall slide freely. 10. (1) Ventilation in enclosures shall be as approved by the Director of Works and Hydraulics. (2) Two openings for each projector in an enclosure shall be provided and the construction thereof shall be subject to the approval of the Director of Works and Hydraulics. (3) All furniture and fittings within an enclosure shall be of non-combustible material. (4) No film cement shall be kept in an enclosure. (5) No winding or rewinding of films shall take place in an enclosure whilst members of the public are present on the premises or the projectors are in use. In new buildings separate rewinding rooms shall be provided and shall be subject to the approval of the Director of Works and Hydraulics. (6) No smoking shall be permitted in enclosures or rewinding rooms. Notices to this effect shall be permanently affixed in a prominent position. (7) Films other than those being projected, and being prepared for projection, shall be kept in a non-combustible container. (8) Barriers and notices shall be provided to prevent members of the public coming into contact with enclosures. 11. All electrical apparatus and installations shall be of a standard and specification approved by the Government Chief Electric Inspector. 12. Projectors shall be of a type approved by the Government Chief Electric Inspector and shall be placed on firm fire-resisting supports. 13. Not more than 500 Ib. (100,000 feet) of film shall be permitted to be kept in any building unless stored in a vault and in any case not more than 125 Ib. (25,000 feet) shall be exposed at any one time. 14. (1) No collodion, amy! acetate or other similar flammable substance for the cementing of film shall be kept other than in rewinding rooms, or approved fire-resisting cabinets or safes, or in any quantity exceeding one Imperial pint. (2) Splices in film shall be made by a cutting and splicing machine approved by the Superintendent of Fire Brigades. (3) Motion picture projectors shall be operated by and be in charge of a projectionist to be licensed by the Government Chief Electric Inspector. Cinematograph. [Ch. 30. No. 10. 259 15. The auditorium and the exits therefrom to the outside of a building, including any external courts, passageways, stairways, or ramps, the notices indicating position of exists, and all parts of the building to which the public is admitted shall throughout be adequately illuminated during the whole time the public is present at a cinematograph exhibition. In the event of the failure of the main lighting the auditorium shall be at once illuminated by a secondary lighting service, and remain so illuminated until the main lighting is repaired, or until all members of the public have left the premises. 16. No person shall be permitted to reside in any building. 17. All fires occurring in a building during the holding of any cinematograph exhibition shall be immediately reported by the exhibitor to the nearest Fire or Police Station. 18. Fire equipment shall be provided and maintained throughout buildings in accordance with the directions of the Superintendent of Fire Brigades. 19, (1) In order to secure the safety of the audience the exhibitor or some responsible person designated by him shall be in attendance throughout cinematograph exhibitions. He shall be assisted by such staff as the Commissioner of Police shall deem necessary. (2) All such persons shall be fully instructed in their duties and all attendants shall wear a distinctive uniform or arm-band. (3) During cinematograph exhibitions at which children are present the number of attendants shall be such as may be required by the Commissioner of Police. 20. There shall be in the enclosure, re-winding room, pay office and Manager’s office of every building a prominent notice detailing action in the event of fire or any other unusual occurrence. 21. The Commissioner of Police or Superintendent of Fire Brigades may at any time and without prior notice require a cinematograph exhibition which is being held in a building to be stopped if in his opinion circumstances exist which would constitute a danger to the public should a fire or other unusual happening occur. 22. Whenever any person shall withhold his approval of the doing of or omission to do anything in connection with a building, or the furniture, fittings, electrical apparatus or installations thereof, which is subject to his approval under these Regulations, the person aggrieved by his decision may, within seven days of the date of receipt of notification that such approval has been withheld, appeal against such decision to the Governor in Council who may, in his discretion, authorise the doing of or the omission to do such thing either unconditionally or subject to such conditions as he may think fit to impose or may confirm such decision: Provided that if the person whose approval is withheld is of the opinion that the doing of or omission to do any such thing would constitute a danger to persons attending any cinematograph exhibition in such 17 (2) Auditoriu m, provisions as to. Residence in building prohibited. Fires to be reported. Fire equip- ment to be provided. Attendants at exhibitions. Notices to be affixed in building for action in event of fire. Exhibition of film may be stopped by police. Person aggrieved may appeal to Governor in Council. 260 Unauthori- sed person not allowed in enclosure. Contraven- tions by licensee. Contraven- tions by licensee. Definition, The Board’s records and accounts, Ch. 30. No. 10.] Cinematograph. building he shall so notify the person seeking his approval and forward a certificate to that effect to the Governor in Council; and thereupon such building shall cease to be used for the holding of any cinematograph exhibition until the Governor in Council shall so authorise and, if the Governor in Council shall so authorise, such building shall only be used for the holding of cinematograph exhibitions subject to such conditions as the Governor in Council may impose. 23. No unauthorised person shall be allowed in an enclosure. 24+. If the holder of the theatre licence granted in respect of any building shall contravene any of the provisions of regulation 3 (1) of these Regulations, or any exhibitor shall contravene any of the provisions of regulations 5, 8, 10 (6), 13 or 15 of these Regulations, such holder or exhibitor, as the case may be, shall be guilty of an offence against these Regulations and liable on summary conviction to a fine of two thousand five hundred dollars or imprisonment for twelve months, and, in the case of a continuing offence, to a further fine of one hundred dollars for each day during which the offence continues. 25. If the holder of the theatre licence granted in respect of any building shall contravene any of the provisions of regulations 3 (2), +, 9, 10 (1), 10 (2), 10 (3), 10 (5), 10 (8), 11 or 12 of these Regulations, or any ex- hibitur shall contravene any of the provisions of regulations 6, 7, 10 (4), 10 (5), 10 (7), 14, 160, 17, 18, 19, 20 or 23 of these Regulations, such holder or exhibitor, as the case may be, shall be guilty of an offence against these Regulations and liable on summary conviction to a fine of two hundred and fifty dollars, and, in the case of a continuing offence, to a further fine of fifty dollars for each day during which the offence continues. [Revoked by GN. 45-1950. | PART II. CENSORSHIP. 27. In the following regulations the ‘ Board = means the Board of Film Censors and = Chairman ’’ means the Chairman of such Board. 28. The Chairman shall keep— (1) a book in which shall be entered particulars of all films submitted for examination; such particulars to include the names of such films, the names of the owners, renters and/or exhibitors of such films, the number of persons advertising such films and the names of the censors by whom such films were examined and their decision regarding them; (2) accounts of— (a) all moneys received in respect of fees payable for films submitted for examination; (6) payments made for the use of any theatre for the purpose of examining films; (c) any disbursements made in carrying out the duties of the censors, Cinematograph. [Ch. 30. No. 10. 29, The undermentioned fees shall be payable in advance to the Chairman for every film submitted for examination, that is to say :— Phono films:— For each reel of a sound length up to and including 1,000 feet 1.50 For every 100 fect or part of 100 feet over 1,000 fect = .15 Silent films:— For each reel of a length up to and including 1,000 fect 65 For every 100 feet or part of 100 feet over 1,000 fect .08 The Chairman shall in due course deposit all fees received with the Accountant General. 30. All payments are to be made by the Accountant General on vouchers certified by the Chairman. 31, (1) For the purpose of censoring films, the Chairman may arrange with the owner or any representative of the owner of any cinema or projection room for the usc generally or specially of the cinema or projection room and of any necessary appliances and for the services of the necessary staff (to be provided by the owner of the cinema or projection room or his representative) required for the exhibiting of films in the cinema or projection room, on payment of fifty cents per reel. (2) The owner of a cinema or projection room and his representative and staff shall not be responsible for any loss, damage or injury in respect of any film arising out of the exhibiting thereof in pursuance of arrangements made under this Regulation. 32. (a) Distributors shall send to the office of the Board complete lists of all films and posters to be submitted for examination. (6) Every list shall contain a column in which shall be entered the Board's decision, together with any conditions imposed. (c) In cases where a separate film used for advertising purposes and conimonly called “a trailer ’’ (whether it is part of the original film or not) accompanies a film, this fact shall be stated. (4) The signature of a censor at the end of any list shall be deemed to be in authentication of every entry in the column showing the Board’s decision. (e) The list shall be in the form A hereto, and may be on a loose sheet or in a book. (f) In this regulation, ‘‘ distributor '"’ means a person who carries on the business of importing and distributing films in the Colony. 33. All “‘ trailers,” referred to in the preceding regulation, must be submitted for examination and shall be subject to the provisions of the Ordinance. 34. (a) For the purpose of examining films or film posters submitted for approval, the Chairman shall depute not more than three censors 261 Examination fees. R.G. 1944, p. 2. Payment by Accountant General. Use of cinemas and projection rooms for censorship purposes. R.G, 1942, p. 810. Lists of films to be sent by distributor. Form A. Trailers. Examination of films by the censors. 262 G.N. 41- 1946, Attendance of censors. Review of film by the Board. Time and place of exhibition for censor- ship. R.G. 192, p. 81a. Custody of films. Censor’s right of entry. Board's accounts to be sent to the Account- ant General. Leave to censors. Board's office, Certificate of approval. Ch. 30. No. 10.] Cinematograph. and if any of the censors deputed have not attended the meeting for the said purpose he shall accept the report of such censor or censors as did in fact attend. On occasions when the Board meets for other purposes five members shall form a quorum. (b) Unless he has been absent through ill-health or with the leave or under the direction of the Governor, any censor shall be considered to have vacated his post as censor who has not on the last day of any quarter attended at Ieast one-third of the censorship meetings for the examination of films or film posters which he had been deputed by the Chairman to attend, or who has not on the last day of any year attended at least one-third of the censorship meetings of the Board for other purposes held during the preceding twelve months or during his tenure of office during such months, 35. When < film has been cxamined by any number of censors representing less than a majority of the Board and these censors are in doubt as to approving or rejecting such film or any part thereof, or if so requested by the exhibitor who is not satisfied with their decision, they shall call the other censors into consultation and the decision of the majority of the Board shall prevail, subject to the right of appeal to the Governor in Council as provided by the Ordinance. 36. (1) The Chairman of the Board may give general or special directions to any exhibitor as to the day, hour and place when and where his films are to be exhibited for censorship. (2) The Governor and the Chairman and members of the Board and their officers and servants shall not be responsible for any loss, damage or injury arising out of the exhibition of any film for censorship purposes. 37. Parts of any film not allowed to be exhibited shall, on request of the Chairman, be deposited at the office of the Board and shall be returned when the film is about to be exported. 38. The censors shall have the nght of entry into all cinemas during performances, free of charge; and it shall be their duty to make such surprise Visits as they may think fit. Accommodation must in every case be reserved for a possible visit by the censors. 39. The Chairman shall render monthly accounts to the Accountant General showing the balance of cash in hand, and shall pay over same against a receipt in due form. 40. The Governor may grant leave of absence to any censor and may temporarily fill the vacant place or places during such absence. 41. The office of the Board shall be such room or place as the Governor may from time to time specify in the Roval Gazette. 42. [Revoked by G.N. 45-1950.] 43. (a) Certificates of approval may at any time be cancelled by the Board provided that the reasons for such cancelling shall be given to the exhibitor in writing. Cinematograph. {Ch. 30. No. 10. 263 (5) A certiticate of approval may, subject to the conditions to be imposed, be in the form following :— We certify having examined on the day of , Form. 19 a film entitled submitted to the Board of Film Censors and have approved of the same being exhibited within the Colony subject to the following conditions: for Board of Film Censors. PART IIT. BritisH FILMS AND QUOT: 44. The book to be kept by the exhibitor, and the return to be furnished Record of under section 16 of the Ordinance shall be in form C hereto. Subject to Totas. the provisions of subsection (3) of section 16 of the Ordinance a separate Form C. book shall be kept by the exhibitor in respect of cach theatre in which he exhibits films. +5. (1) For the purposes of sections 17 and 18 of the Ordinance the Regulations proportions and quotas of British films to be exhibited in each theatre as to British shall be in accordance with this regulation. ote 1941 (2) In the case of films other than news films, the proportion of — 3.9 (1). British films to be exhibited to the public on payment, during each half year in which any films other than news films are exhibited to the public on payment in the theatre, shall be at least fifteen per centum, and if such films so exhibited include feature films (being films, other than news films, of not less than 5,000 feet in length) there shall, in addition, be maintained in relation to such feature films the same proportion of British films. (3) In the case of news films, the quota of British films to be exhibited to the public on payment, during each complete month in which films are exhibited to the public on payment in the theatre, shall be at least 8,000 feet. (4) In this regulation— half-year’ means a period commencing on the Ist of January and ending on the following 30th of June and a period commencing on the Ist of July and ending on the following 31st of December; “month ” means any one of the twelve calendar months of the year. (5) Paragraph (2) of this regulation shall apply in relation to all licensed theatres in the City of Port-of-Spain and the Borough of San Fernando. (6) Paragraph (3) of this regulation shall apply in relation to all licensed theatres throughout the Colony. 46. The method of calculating the proportion or quota of British films Method of »xhibited in any theatre shall be as fotlows:— compliance’ (a) as regards feature films, the number of British feature films with regu- exhibited shall be compared with the number of all feature films lation 45. exhibited ; 264 Fees. Duration. Forms D and E. Ch. 30. No. 10.) Cinematograph. (o) as regards films, other than feature films and news films, the aggregate number of feet of British films exhibited shall be compared with the aggregate number of feet of all films exhibited; (c) a film exhibited outside the hours approved by the Board as being the normal hours of the ordinary programme of the theatre shall be deemed, for the purposes of this regulation, not to have been exhibited on that occasion; (d@) a film exhibited more than once at a theatre during a half-year (which expression shall have the same meaning as in regulation 45) shall be deemed, for the purposes of this regulation, to have been exhibited during that half vear only on the first occasion on which it was exhibited. PART IV. LICENCES AND I°E és. 47. (a) The following fees shall be paid annually to the Accountant General in advance for the following licences, namely: $ In respect of a theatre in Port-of-Spain 96 do. do. San Fernando 48 do. do. elsewhere 24 In respect of an exhibitor 24 Provided that in respect of any application made on or after the Ist of July in any year, the fee payable shall be one-half of the aforesaid annual fee. (6) All licences shall commence on the lst of January or from the date of issue if issued subsequent to the Ist of January in any year, and shall expire on the 31st of December in that year unless previously revoked. (c) A licence for a theatre shall be in the form “ D”’ hereto, and a licence for an exhibitor shall be in the form “ E "’ hereto, subject to such modifications or other conditions as may be required in the circumstances of each particular licence. [Ch. 30. No. 10. 265 Cinematograph. “40jngtajsiq fo aanqousts suonIpuos siosua, pauruexy pure szosus yo omnzeUaIS | a3eq jo pivog i jo worstoaq, uIzuQ yoog jo ssaigq 10 Aryanoy S1a}sog a3e100.7 6r 51922 , JON pues SyUIIg Io ov0ug | jo ‘on ‘a7eq aly Jo AIL ayeutxoiddr uo 91789} soyNUIp aull} Sutuuni 1B ZE UOT[NAay Jepun uoljeulUexa JO} paqyiwqns siajsod pue sully jo LSI] “Vv Cinematograph. Ch. 30. No. 10.] 266 “Papnpoul oq 0} Jou are ‘wd ¢ 0} YEP ai0joq sould SurAey SUOTIIQIYXY— ALON “4onqiyxg fo aanjousts 61 a7eq | | of ae > | ' ! | [22y ! S[90Y agieyo ut a8e}004 | JOo'ON __ rood _| JO ‘ON Uoslad Jo s[eiiuy i —_ WZ JO 9UL | UOITIqIYXA JO aye ! ALIIVNOILVN YAHIO HSILING | ss - fo . 61 JO YyUOUL ay} Sulanp ul a1} vay TL ay) 78 payiqiyxa sully Jo NunLay 2UeUIPIO ay} Jo (z) pue ({) 9] UONI9g Japun JojIqQIGxg Aq paystuiny 9q 0} UINJeY pus JOJaJIdOIg BWAaUTD Aq 1day aq 03 19}619ey Jo WI04 ‘a Cinematograph. [Ch. 30. No. 10. Form D. THE CINEMATOGRAPH ORDINANCE. Licence for a Theatre. Under section 5 of the Cinematograph Ordinance (4.B.) of is hereby licensed to use the theatre situate and known as for the period for the purposes mentioned in the said Ordinance, subject to the following conditions and restrictions, that is to say:— (1) The fee of $ is payable in respect of this licence to the Treasury, the receipt for which amount must be furnished to the Licensing Authority before this licence can be used or becomes valid. (2) No film shall be exhibited unless the provisions of the Cinematograph Ordinance and Regulations have been complied with. (3) The theatre shall not be used for exhibiting films befure 3 p.m. on Sundays, Good Friday, Corpus Christi, and Christmas Day. * If any of the above-mentioned terms, conditions or restrictions is not complied with, or if, without the sanction of the Licensing Authority, any alteration is made in the said theatre or in the enclosure containing the cinematograph apparatus, or if at any time the Licensing Authority considers the place for which this licence is granted no longer suitable, this licence will be revoked. This Licence expires on the 31st of December, 19 unless sooner revoked. Dated the of 19 Licensing Authority. Magistrate District. * Insert here any other conditions to be imposed. Form E. THE CINEMATOGRAPH ORDINANCE. Licence for an Exhibitor. Under section 5 of the Cinematograph Ordinance (4.B.) is hereby licensed to carry on the business of exhibiting films ee the public during the year 19 _—_, subject to the following conditions and restrictions, that is to say :-—- (1) The fee of $ is payable in respect of this licence to the Treasury, the receipt for which amount must be furnished to the Licensing Authority before this licence can be used or becomes valid. (2) No film shall be exhibited unless the provisions of the Cinematograph Ordinance and Regulations have been complied with. This Licence expires on the day of ,19 — , unless sooner revoked. Dated this day of ,19 Licensing Authority. Magistrate District. * Insert here any other conditions to be imposed. 267 268 Ch. 30. No. 11.] Cinematograph Entertainments (Charges). CHAPTER 30. No. 11. CINEMATOGRAPH ENTERTAINMENTS (MAXIMUM CHARGES). See AN ORDINANCE TO CONTROL THE CHARGES FOR ADMISSION TO CINEMATOGRAPH ENTERTAINMENTS. c - Commence [5th May, 1949.] Short title. 1. This Ordinance may be cited as the Cinematograph Entertainments (Maximum Charges) Ordinance. interpre- 2. In this Ordinance “ theatre ’’ has the same meaning as in the Cinematograph Ordinance; and ‘“ admission’, “admission to a cinematograph entertainment”’, “ cinema- tograph entertainment” “licensed exhibitor’, “‘ payment for admission”’ and ‘‘ proprietor ’’ have the same meanings as are respectively assigned to those expressions in the Cinematograph Entertainment Tax Ordinance. Power to fx 3, (1) The Governor in Council may by Order fix the charges. maximum charges to be made for admission to cinemato- graph entertainments. (2) In any such Order differentiation may be made between maximum charges payable— (a) at theatres of different classes; (b) by persons apparently under the age of twelve years and by persons apparently over that age; (c) in respect of separate cinematograph entertain- ments held at different times on any day; (2) for admission to cinematograph entertainments solely and to cinematograph entertainments forming Cinematograph Entertainments (Charges). (Ch. 30. No. 11. part only of a programme of theatrical or other stage performances ; (e) for seating accommodation in different parts of the same theatre. (3) For the purposes of this section the Governor in Council may classify theatres according to structure, locality or otherwise as to him may seem fit. 4. If any charge exceeding the appropriate maximum charge permissible under this Ordinance is made in respect of admission to a cinematograph entertainment, the proprietor shall be guilty of an offence against this Ordinance and liable on summary conviction to a fine of four hundred and eighty dollars and the amount by which the payment for admission exceeds the said maximum charge shall be recoverable by the person making the same in the Petty Civil Court having jurisdiction in the place where the cinematograph entertainment was held. 5. (1) The Governor shall appoint a charges-regulation committee for the effective enforcement of the provisions of this Ordinance. (2) It shall be the duty of the charges-regulation committee to give advice and assistance to the Governor in Council with regard to the operation of this Ordinance. (3) The charges-regulation committee shall be con- stituted in such manner as the Governor may determine. 269 Penalty. Charges Tegulation committee, 270 Ordinance Ch.30. No.11 -1940. Commence- ment. Short title. Establish- ment of Board of Control, Disqualifi- cation of members of the Board. Ch. 30. No. 12.] Boxing Control. CHAPTER 30. No. 12. BOXING CONTROL. AN ORDINANCE TO REGULATE THE HOLDING OF BOXING CONTESTS. [1sé January, 1934.] 1. This Ordinance may be cited as the Boxing Control Ordinance. 2. (1) For the purposes of this Ordinance there shall be established a Trinidad Boxing Board of Control (in this Ordinance referred to as the Board ’’) which shall consist of a Chairman and four other members to be appointed from time to time by the Governor in Council. (2) The Chairman shall have a casting as well as a deliberative vote. (3) Three members of the Board shall constitute the quorum necessary to constitute a meeting and mavy exercise all or any powers conferred upon the Board by this Ordin- ance or any regulations made thereunder. 3. (1) No member of the Board shall be interested in the administration or executive of any promoting body of professional boxing. (2) No member of the Board shall be interested in any promoter or receive payment of any kind from such pro- moter or promoting bodies, (3) Any member of the Board disregarding the pro- visions of this section shall 7pso facto cease to be a member of the Board. Boxing Control. [Ch. 30. No. 12. 271 4. Subject to any regulations made under this Ordinance Board may the Board may appoint such officers and employ and pay 2ppomnt such persons and take such other steps as it thinks necessary employ and and expedient for properly carrying out its duties. elon 5. (1) No person shall hold, assist in holding, or take any Boxing part whatsoever in any boxing contest, whether held for forpidden prizes or otherwise, unless a permit in writing has been except with first obtained from the Board authorising the holding of sion'ot the. Board. such contest. (2) The Board may refuse to issue such permit at its discretion and without assigning any reason or may attach any conditions it thinks fit as to the holding of any boxing contest or may cancel any permit after issue. 6. The members of the Board and any officer or member Free access. of the Police Force detailed for the purpose shall at all times have free access to any place in which any boxing contest is being or is about to be held. 7. (1) The Board may prescribe the rules for boxing and Power of may from time to time amend or revoke any such rules, Board and with the approval of the Governor in Council may make regulations. regulations as to all or any of the following matters :— (a) the registration and licensing and the revocation or suspension of licences of— (1) promoters of professional boxing contests; (ii) professional boxers; (iii) professional seconds ; (iv) referees, judges and time keepers; (v) premises in which boxing contests may be held; (b) the information to be supplied to the Board in respect of proposed boxing contests; (c) the provision of medical certificates by con- testants; (d@) the submission of articles of agreement signed by contestants ; 272 Offences and penalties. Saving. Ch. 30. No. 12.] Boxing Control. (e) the provision or deposit of prizes or prize money; (f) the forms of licences, permits, articles of agree- ment and any other documents to be furnished by or to the Board; (g) the fees to be charged for any licence or permit and the accounts to be kept by the Board; and (hk) generally for carrying any of the purposes or provisions of this Ordinance into effect: Provided that until varied or revoked by any such rules or regulations the rules and regulations contained in the Schedule to this Ordinance shall be in force. (2) All regulations when so approved by the Governor in Council shall be published in the Royal Gazette and shall come into operation on the date of such publication. Any amendment to or revocation of the rules for boxing made by the Board shall be published in such manner as the Board may determine. 8. Any person who— (a) without being duly licensed in accordance with the provisions of this Ordinance and any regulations made thereunder, holds, assists in holding, or takes part in any boxing contest, (b) holds, assists in holding, or takes any part in, a boxing contest unless it be held under and in accord- ance with the provisions of this Ordinance and any regulations made thereunder, (c) refuses to grant to any officer or member of the Police Force free access as hereinbefore provided to any premises in which any boxing contest is being, or is about, to be held, or obstructs any officer or member of the Police Force in the course of his duty under this Ordinance, shall be guilty of an offence and liable, on summary con- viction, to a fine of one hundred and twenty dollars or to imprisonment for three months or to both such fine and imprisonment. 9. The Board may by permit in writing either generally or in respect of any specific contest exempt any scholastic Boxing Control. [Ch. 30. No. 12. institution or any amateur athletic or any other organised association or body from all or any of the provisions of this Ordinance or any regulations made thereunder and may in its discretion revoke any such permit. SCHEDULE PART I. 1. These regulations may be cited as the Boxing Regulations. 2. In these regulations ‘the Board” means the Trinidad Boxing Board of Control. 3. (1) The Board shall register and issue licences annually in respect of all premises approved by the Board for the holding of boxing contests and to all approved (a) promoters of professional boxing contests; (b) professional boxers; (c) referees, judges and timekeepers. (2) Every licence so issued shall expire on the 31st of December following the date of issue unless previously revoked. (3) The fees payable to the Board in respect of such licences shall be $2.40 in respect of a promoter’s licence and $1.20 in respect of any other licence. 4, Applicants for referees’ and judges’ licences may be required to pass a test or otherwise satisfy the Board as to their qualifications for being so licensed. 5. No boxer’s licence shall be issued to any applicant who is under 17 years of age. 6. Applicants for licences shall supply such information as may be required by the Board in respect of their qualifications for being licensed. 7. The Board may in its discretion and without assigning any reason therefor refuse to issue any licence or revoke or suspend any licence after its issue. 8. (1) Every application for a permit to hold a boxing contest shall be made in writing to the Board not less than 14 days prior to the proposed date for the holding of the contest and shall be accompanied by the following information :-— (a) the date and place of the boxing contest; (5) the contest proposed and the names of the contestants: (c) the names of the referees and judges for each contest; T.—IV. 18 273 274 GN 2o- 1946. Ch. 30. No. 12.] Boxing Control. (d) details of and the arrangements made as to prize money; (¢) any other information that the Board may require. (2) Articles of agreement signed by contestants must be subinitted to the Board with the application for the permit. The following fees shall be paid to the Board prior to the issue of any permit for the holding of a boxing contest: (a) a fee not exceeding $50.00 for any contest including a championship ; (6) a fee not >xceeding $25.00 for any contest not including a championship: Provided that the Board may remit any fees payable in respect of boxing contests held in aid of any charitable objects. 10. The Board may call upon any contestant to be examined in order to satisfy itself as to the fitness of the contestant. 11. All contestants must be medically examined to the satisfaction of the Board within three days of the date of the proposed contest. 12. The permit of the Board shall be in writing addressed to the promoter of the boxing contest and shall be signed by the Chairman of the Board or in his absence by two members of the Board and such permit shall specify the conditions under which the contest may take place. 13. The Board at its discretion may require a deposit of a sum of money or an approved guarantee for payment of such sum sufficient to cover the estimated amount of the prizes and any other commitments in connection with the holding of a boxing contest for which a permit is required, 14. All programmes and advertisements of boxing contests shall include the words ** By permission of the Trinidad Boxing Board of Control.” 15. All boxing contests shall be held under the Rules of Boxing prescribed for the time being by the Board. 16. The Board shall keep proper accounts of all fees and other moneys received by the Board which accounts shall be audited annually by the Director of Audit and a summary of the accounts so audited shall be published in the Reval Gazette. 17. The funds of the Board may be applied as follows:— (a) in payment of the salaries and wages of the secretary and other clerks and servants for the time being of the Board ; (5) in defraying all expenses of or connected with the pmnting, publication, sale and distribution of the publications of the Board ; {c) in payment of the current expenses and other disbursements of the Board in the conduct of the business of the Board or in relation thereto; (2) in providing championship cups or medals or other prizes for boxing contests; Boxing Control. [Ch. 30. No. 12. (c) inmaking grants or donations to any amateur boxing association or in furtherance of professional boxing, or to such charitable objects as it may deem fit. 18. The Board shall keep a register of all permits and licences issued by the Board and shall enter or cause to be entered therein such details as may be determined by the Board. 19. The promoter of any boxing contest shall within 7 days of the holding of such contest make a return to the Board of the results of such contest in such form as the Board may determine. 20. If any contestant is disqualified the referee shall report such disqualification and the reasons therefor to the Board within 24 hours of the contest taking place. 21. (1) In the event of a contestant being disqualified he shall only be entitled to receive his bare travelling expenses, and any prize money that such contestant may be entitled to shall be withheld pending the decision of the Board. (2) The Board may, after inquiry, order the forfeiture of such prize money and may at its discretion award any prize money so forfeited between the promoter (if his claim is found reasonable and correct), the manager, the trainer and sparring partner or partners of the contestant so disqualified, in such shares as the Board shall think fit. 22. (1) The Board may, upon complaint or upon its own initiative, invite any licence holder to appear before it in reference to any alleged misconduct on the part of such licence holder or otherwise. Misconduct in this connection will include amongst other things, conduct detrimental to the interests of the public. (2) In the event of any licence holder, either after being heard, or if he declines to appear, in his absence, being adjudged guilty of misconduct or in the event of any other licence holder failing to appear before the Board upon being invited so to do, the Board may revoke or suspend the licence of any such licence holder for such period and between such dates as the Board may think fit. 23. No intoxicating liquor of any description shall be sold for consump- tion on any premises during the progress of any boxing contest which may be held thereon. 24. No betting shall take place during the progress of any boxing contest and any member of the Board may request the removal of any person offending in this manner and his request must be complied with by the promoter of the contest. PART II. THE TRINIDAD Boxinc BoarD OF CONTROL. Rules of Boxing. SECTION 1.—-EQUIPMENT. 1. The Ring.—All boxing contests shall be decided in an area termed “ the ring,” measuring not less than 14 feet nor more than 20 feet square, 18 (2) wm 2760 Ch. 30. No. 12.] Boxing Control. inside measurement. The ring floor must not be more than four [cet above the floor level of the venue and suitable steps giving access to the ring must be provided. Three ropes, drawn as taut as possible of not less than one inch in diameter each and covered in soft material shall surround the ring. The top rope shall be placed 52 inches, the middle rope 35 inches, and the bottom rope 17 inches above the ring floor. At each of the four corners of the ring the ring ropes shall be connected by loops of other rope or other suitable fastenings to a post placed 18 inches outside the ring ropes. Such corner posts shall be properly secured and suitably padded throughout. The ring floor, which shall project at least two feet beyond the ring ropes shall be well covered to within six inches of its outer edges with canvas, duck or similar material, tightly stretched and securely fastened and extended beyond the ring ropes for a distance of 18 inches. 2. Accessorics.—The promoter of any contest shall provide a sufficient number or quantity of chairs, buckets, bottles, gloves, spittoons, sponges, small tables, facilities for the announcement of rounds by means of numbers visible throughout the venue, scoring tablets for the use of referees and judges, powdered resin, clean water, «a gong or clectric bell which must be securely adjusted on a level with the ring floor, and some suitable means for (@) the sounding or signalling by the timekeeper of seconds of time in case of a contestant being “ Down,” (6) announcements by the M.C, 3. Gloves and Bandage. —Fach glove shall not be less than six ounce. in weight. Contestants may use bandages of soft cloth of not more than 14 inches in width and the length of each hand's bandage shall not exceed six feet. Bandages may be held in position by thin, adhesive tape, not more than two feet long by one inch wide for each hand. Gloves and bandages shall be adjusted by the seconds to the satisfaction of the referee. SECTION 2,—CONTESTANTS: CosTUME, CONDITION, WHEIGITING. +. Costume and Iuspection-—Contestants must box in light, heclle. spikcless boots or shoes or in socks and loose-fitting, dark-trunk-drawers, secured at the htps and with the bottom hems thereof reaching at least half-way between the knees and thighs. Tights are prohibited. A “ Protector Cup or Shield,” may be worn. (The medical officer shall, at the same time, satisfy himself with regard to the character of any markings visible in that region.) Shields for the gums may be worn also but not car-guards or any other protection. The use of grease or other substance likely to handicap an opponent is prohibited also, Werghing.—Contestants shall weigh in on the day of the contest at 10 a.m, for an afternoon tournament and at 2 p.m. for an evening tournament, unless, with the approval of the Board, another time is mutually agreed upon by the contestants. Any contestant who fails to be present at the time of weighing or who neglects to be present at the time agreed upon for a contest, shall be liable to disqualification or to such other penalty as the Board may consider fit and adequate. Boxing Control. [Ch. 30. No. 12. SECTION 3.—DURATION AND NUMBER OF ROUNDS. 5. In all contests the number of rounds shall be specified anc no contest shall exceed fifteen rounds and no round shall exceed three minutes in duration. There shall be an interval of one minute between each round. All championship contests shall be of fifteen rounds of three minutes each. Time occupied by stoppages ordered by the referee during the progress of a round shall not count as part of the time of such round. The number of rounds of a contest agreed to by the contestants, and contained in the articles of agreement submitted to the Board with the application for a permit under regulation 8, shall not be changed without the approval of the Board. SECTION 4.—OFFICIALS AND THEIR DUTIES. 6. At any contest the following officials shall act :— A referee; Two judges; A timekeeper; An M.C. or announcer; Seconds. None of whom shall be personally pecuniarily interested in the contest whether as promoter or otherwise. This proviso shall, however, not debar any person from officiating at a contest merely because he happens to be a member of a club promoting the contest, provided that such club is approved of by the Board as a purely sporting club, nor shall this proviso apply to seconds. The duties of these officials shall be as follows: Referee. He shall be the chief official during a contest and shall take his position in or near the ring and shall exercise general supervision over a contest. He alone shall inform the M.C. what verdict to announce and his decision shall be final. Prior to the start of a contest he shall— (a) ascertain the names of each contestant’s chief second and hold them responsible for the conduct of their assistants during a contest and for the proper tying-on of the gloves; (6) see that the terms of clause 3 of Section 1. and clause 4 of Section 2, of these rules are observed; During a contest he shall— (c) keep an independent score of each round and at the end of a contest give a decision if the judges disagree; (d) order whenever necessary, by the command “Stop,” a cessation of boxing during a round and thereafter order, by the command “‘ Box-on,’”’ a resumption of boxing. He shall see that 277 R.G. 2.12.43, 278 Ch. 30. No. 12.] Boxing Control. during such stoppage the contestant or contestants standing in the ring do so without any support whatsoever; (c) order, by the command “ Break,” the contestants to separate when in a “clinch ”’ and, at his discretion, to separate them himself should they fail to obey promptly; (f) regard as an acknowledgment of defcat a contestant’s inability to resume boxing at the timekeeper’s signal; (g) stop a contest and order the retirement of a second for the remainder of a contest in the event of that sccond's misbehaviour; (i) stop a contest if he considers it to be one-sided and award the decision to the better man; (*) stop a contest if a contestant is accidentally disabled or is unable to defend himself and award the decision to his opponent; (7) stop a contest in the event of a contestant being “ Down” and, immediately start announcing audibly the number of each second of time as it passes. He shall count up to ten seconds and indicate the end of the contest by the word ‘ Out and award the decision to the opponent if by that time the ‘' Down ” contestant has not arisen ; (4) stop a contest for the commission by a contestant of any one of the acts hereinunder classed as a “‘ Class B Foul’ and warn such contestant that further commissions of such foul would result in disqualification and the decision being given to his opponent; () stop a contest and disqualify without warning a contestant who commits any one of the acts hereinunder classed as a ‘‘ Class A Foul,” and award the decision to his opponent; (m) stop a contest if he considers the contestants are not in earnest, in which case he must disqualify one or both of them; (n) decide (1) the interpretation of any one of these rules or all of them, and (2) any questions not provided for in these rules. (The Board shall, however, decide these matters at all other times.) After a contest he shall— (e) send immediately to the Board his own and the judge’s scoring tablets; (fp) report in writing to the Board within 48 hours of their happening all cases of disqualification under clauses (/) and (m) above as well as any case of a contestant retiring from a contest without sufficient cause, all three of which acts render contestants found guilty thercof liable to forfeiture of their prize money. Judges. The judges shall be stationed on two sides of the ring opposite each other apart from the referee or timekeeper. Independently they shall assign marks to the contestants and be ready at all times to assist when requested by the referee to decide whether any foul has been committed. They may Boxing Control. [Ch. 30. No. 12. also bring any other point to the notice of the referee at the end of any round. At the end of a contest that lasts the scheduled number of rounds they shall hand their scoring tablets to the referee. Timekceper. He must be seated at the side of the ring close to the gong or electric bell. He shall provide himsclf with a suitable stop-watch or clock which shall permit of his making due allowances for stoppages ordered by the referee. He shall indicate the beginning and end of a round by sounding the gong or bell. Five seconds before the beginning of a round he shall “all “ Seconds Out " and the number of the round. M.C. or Announcer. IIe shall announce in a satisfactory manner (preferably by microphone) the names of boxers; their weights; the title at stake, ifany; the number and duration of the rounds; the names of the referee, judges, timekeeper, He shall announce the decision when authorised by the referee to do so. At the request of the promoter and/or the referee he shall make any other announcements. Seconds. Each contestant shall be permitted to have not more than three seconds in his corner in a contest of 10 rounds or more, nor more than two seconds, in a contest of less than 10 rounds and all seconds must be suitably attired. A chief second must be nominated to the referee by each contestant and such chief second alone of the seconds can declare the retirement of his principal by throwing a towel into the ring and orally drawing the referce’s attention to the fact. Seconds shall not coach principals during the progress of rounds and they must remain seated and silent. They shall not throw, spout nor spray water or other substance on a principal nor in any other way assist him during a round. They shall leave the ring enclosure at the timekeeper’s call and they shall remove all obstructions such as chairs, buckets, etc., the instant the sound signal indicates the beginning of a round and none of these articles shall be placed on the ring floor again until the gong or bell signals the end of the round. SECTION 5.—MARKING. 7. At the end of each round of a contest marks to the maximum number of tive shall be awarded to the better man and a proportionate number of marks to the other contestant or, when equal, the maximum number to cach. Halves or other fractions shall not be used in marking. At the conclusion of a contest if the total marks awarded the contestants by the referee and/or by a judge or judges are equal such official or officials may award an additional mark to the contestant who does the most leading, or if equal also in this respect, to the one who displays the better style. Marks shall be awarded for— (a) Attack.—Direct, clean hits with the knuckle part of either gloved hand on any part of the front or sides of the head or body 279 280 Ch. 30. No. 12.] Boxing Control. above the “ belt,” and for conspicuous endeavours to sustain action by leading repeatedly and by general aggressiveness. (0) Defence.—"“ Guarding, slipping,” ducking, blocking,” and in general cleverly evading blows and for ‘ countering.”” Marks given for defence shall not outw eigh those given for attack. (ce) Conduct.—Displays of courage; refusing to take a mean technical advantage; ability to take advantage of every legitimate opportunity offered, style: generalship. Marks shall not be i -arded for— (a) Tapping. (2) Hits with the knuckle part of the gloved hand at the back of the head, neck or body. Marks shall be deducted for— Lack of initiative and general ineffectiveness, persistent clinching, fouling though not serious enough to warrant disqualification, SECTION 6,.—DECISIONS. At the conclusion of a contest that goes the full scheduled number of rounds the winner shall be determined by the higher total number of marks and not by the greater number of rounds won. When judges’ decisions agree in a contest that goes the full number of rounds scheduled the referee shall authorise the M.C. to announce their verdict. When the judges’ decisions do not agree the referee shall give his decision and if two of the three decisions shall then agree the result shall be so announced. When all three decisions disagree the result shall be announced as a “draw.” In contests that do not go the full number of rounds scheduled the referee only shall give a decision. SEcTION 7,—FovLs. The following acts are deemed foul and the referee shall have power to disqualify contestants for committing any one of them:— Class A. (Without Warning.) (a) Hitting below the “ belt. (6) Hitting an opponent who is having been ** down.” “a down — or who is getting up after (c) Hitting with the inside of butt of the hand, the wrist or the elbow. (d) Butting with the head “ *) Use of the ‘ kidney-punch.” (¢ (f) Use of the knee. (g) Use of the — pivot-blow.” ( h) Use of the — rabbit-punch.” Boxing Control. [Ch. 30. No. 12. (?) Purposely going “ down ” without having been hit. (7) Not trying or not being in carnest. (A) Retiring from a contest without sufficient cause. () Committing any unfair physical action which may injure an opponent. (m) Refusal to obey the referee in general, or wilfully obstructing the referee in the execution of his duties. Class B, (After Warning.) n) Hitting or “ flicking ’ with the open glove. ( (ce) Holding an opponent. (Pp) Holding an opponent with one hand and hitting with the other. ( g) Holding the ropes with one hand for the purpose of obtaining gteater power when hitting an opponent. ¢ (r) Boring or lying-on an opponent. (s) Wrestling or roughing at the ropes. (f) Not breaking promptly when ordered to do so, («) Resting on the ropes during a stoppage. (v) Resuming or attempting to resume boxing after a stoppage without being ordered to do so. (w) Use of profane, obscene or abusive language. SECTION 8.—DEFINITIONS AND NOTES. 10. (a) ‘Stop’ and Box on.’’—Excepting only when the referee has given the order “‘ Stop ” contestants must protect themselves at all times whilst in the ring and on their feet, but they shall not resume boxing after a stoppage (“ breaking "’ excluded) without the order “‘ Box on.” (o) ‘‘ Break.”—Contestants when ordered by the referee to Break ’’ must break contact to the satisfaction of the referee, and be on the defensive while doing so. Having moved in this manner a contestant may immediately resume boxing without being told to do so by the referce. (c) ‘‘ Clinch.”—A clinch ” isa locking-together of the contestants for which both are responsible. (d) ‘ Down.’’—A contestant shall be deemed “ down ” when— (i) any part of his body other than his feet is on the ring floor; (ii) hanging over the ropes in a helpless condition. Notes.—A contestant hanging over the ropes in a helpless condition is not officially ‘“‘Down”’ until so pronounced by the referee, who can count the boxer out either on the ropes or on the floor. Should a contestant arise fully but be unable to defend himself the contest shall be stopped and the decision given to the opponent. R.G, 2.12.43. lo to Ch. 30. No. 12.] Boxing Control. Should a contestant who is ‘‘ Down” arise before the count of ten seconds of time be reached and then at once go “ Down” again without being struck, the referee shall resume the count where it left off provided that in his opinion such going down is the aftermath of the original knock-down blow and that the contestant’s action does not warrant disqualification, A contestant sent Down ”’ by a blow may remain ‘‘ Down ” until nine seconds of time have been counted without being disqualified but after an accidental fall he must rise instantly failing which the referee may stop the contest and award the decision to the opponent. (ec) Counting Out.’-—The order Stop — shall precede the beginning of any count. When counting the referee shall move cither one of his arms in unison with his count. Immediately a contestant is “Down” the opponent shall retire to the corner farthest from the man who is “ Down,” and should he fail to do so, or having done so come out of that corner during the count, the referee shall suspend his count until the opponent returns to that corner, when the referee shall resume the count where it left off. A contestant counted ‘‘ Out ”’ shall be the loser of the contest irrespective of the number of marks awarded up to that time. (f) Double Knock-out. In the event of a double knock-out the referee shall declare the contest to be a‘ Draw.” (g) Tapping.’ —Direct, light blows are not regarded as “ tapping ”’ but a succession of taps, usually employed at close quarters, which have no effect upon an opponent are to be considered as such. (hk) Back-hand Blow.”’-—A “ back-hand blow ” is not a foul when it is delivered with the knuckle part of the gloved hand. (‘) Holding.’’—Holding may be done with one or both hands and is the act of one of the contestants. Whilst it is not permissible for a contestant to hold an opponent with one hand and hit with the other, yet it is permissible for the opponent if he be so held and has one hand free, to hit with his free hand. (j) Hitting Below the Belt.’’-— Hitting below the “ belt ” is hitting below an imaginary line drawn across the abdomen at the level of the tops of the front edges of the hip bones. Note.—This includes the groins. (k) Kidney-Punch.”—The — kidney-punch — is a blow delivered deliberately at that part of the body over the kidneys. The referee will not protect a contestant who, in his opinion, deliberately exposcs the body to such blows. ()) “ Pivot-Blow.’’-—A “ pivot-blow ”’ is made when a boxer pivots round on one foot swinging his arm with him and as he completes his revolution delivers a blow of any kind. (m) “ Rabbit-Punch.’’—The “ rabbit-punch ” is a downward chop on the back of the neck with the side of the glove or hand. Boxing Control. (Ch. 30. No. 12. SECTION 9,—CHAMPIONSHIP CONTESTS. 11. The Board may declare the winner of an approved contest between contestants for a championship of a particular class to be the champion of that class. No contestant shall be permitted to engage in a championship contest unless he was born in the Colony or has been continuously resident therein for a period of not less than three years. The winner of a championship contest shall retain his possession of the championship title unless he loses the same by being defeated in a championship contest, or by default, or by his inability to make the weight: Provided that a championship can only be won in a contest. The claim of a champion to a championship title may be forfeited on any of the following grounds :— (a) if the champion has failed to defend his championship title within a period of time specified by the Board after a challenge which has been approved by the Board has been issued to him; (6) if the champion has ceased, of his own accord, to be licensed as a professional boxer for three years or more; (c) if the champion is proved to the satisfaction of the Board to be guilty of gross misconduct as a boxer; (d) if the licence of the champion has been revoked or suspended by the Board, or the Board has refused to issue a licence to him. Save when a championship title is won in a contest, the Board shall decide whether, and declare when, a championship title is lost or forfeited and may sanction a contest between contestants selected by the Board for any championship which is lost or forfeited. SECTION 10.—CLASSIFICATION OF CONTESTANTS. 12. Contestants shall be classified as follows :— Flyweight 112 lb. and under. Bantamweight 118 ~— do. Featherweight 126 do. Lightweight 135 do. Welterweight 147 — do. Middleweight 160 — do. Light Heavyweight 175 = do Heavy-weight... Le ... Over 175 Ib. 283 284 Purposes for which street collections are pere mnitted. Ch. 30. No. 13.) | Street Collections (Control). CHAPTER 30. No. 13. STREET COLLECTIONS (CONTROL). AX ORDINANCE TO REGULATE AND CONTROL THE COLLECTION OF MONEY OR TIE SALE OF ARTICLES FOR CHARITABLE OR OTHFR PURPOSES IN STREETS AND OTHER PUBLIC PLACES, [21st December, 1939, ] 1. This Ordinance may be cited as the Street Collections (Control) Ordinance. 2. In this Ordinance Commissioner “means the Commissioner of Police ; street includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not. 3. (1) Subject to the provisions of subsection (2) hereof, this Ordinance shall apply to the collection of money and to the sale of articles in any street or other public place for the benefit of charitable or other purposes, and any person who acts in contravention of any of the provisions of this Ordinanee shall be lable on summary conviction to a fine of ten dollars or in the case of a second or subsequent offence to a fine of forty-cight dollars. (2) This Ordinance shall not apply to the selling of articles in any street or other public place when the articles are otherwise lawfully sold in the ordinary course of trade and no representation is made by or on behalf of the seller that any part of the proceeds of sale will be devoted to any other purpose. Street Collections (Control). (Ch. 30. No. 13. 4. (1) No collection of money or sale of any article shall be made in any street or other public place unless the person, society, committee or other body of persons responsible for such collection or sale shall have obtained from the Commissioner a permit for such collection or sale and any such permitted collection or sale shall be conducted in accordance with the conditions contained in the permit. (2) Any person aggrieved by the refusal of the Com- nussioner to grant a permit or by any conditions imposed by the Commissioner when granting a permit may appeal by way of petition to the Governor in Council. 5. Application for a permit shall be made in writing to the Commissioner not later than one month before the date on which it is proposed to make the collection or sale. 6. The Commissioner may, in granting a permit (a) fix the day on which and the hours during which the collection or sale shall be made; (4) limit the collection or sale to such areas or to such streets or public places or such parts thereof as he thinks fit, (c) Impose such conditions as he considers necessary in order to avoid any interference with traffic or annoyance to members of the public, and to ensure the due accounting of the moneys collected for the purposes for which the collection or sale was made. 7. No person may assist or take part in any collection or sale without the written authority of the person, society, committee or other body of persons to whom a permit has been granted. Such written authority shall indicate the area allotted to the holder thereof, and every person acting as a collector or seller shall remain within his allotted area. Lvery person so authorised shall produce such written authority forthwith for inspection by any member of the Police Force on demand. 8. (1) No collection or sale shall be made in any part of the carriage-way of any street and no person shall, for the 285 Permit to collect. Appheation for permit. Conditions of grant of permit. Assistant collectors or sellers to be duly authorised. Traffic not to be obstructed. 286 Pubhe not to be im- portuned. Provisions with regard to collecting boxes. Accounting for moneys collected. Ch. 30. No. 13.) Street Collections (Control). purpose of making a collection or effecting a sale, do any act which may cause the person in charge of a vehicle in motion to stop such vehicle. (2) No collection or sale shall be made on the footwav or in any public place to the obstruction of any person and no collector or seller shall importune any person to the annoyance of such person. 9. (1) Every collector or seller shall carry and present to all contributors or purchasers for the reception of money a box or other receptacle securely closed and sealed in such a way as to prevent the same being opened without such seal being broken, and into this box or other receptacle all moneys shall be immediately placed. All such boxes or receptacles shall be numbered consecutively. Every collec- tor or seller shall deliver his boxes or other receptacles with the seals unbroken to one of the persons responsible for the proper application of the money received. (2) A collector or seller shall not carry or use any collecting box, receptacle, or tray which does not bear display: ed prominently thereon the name of the fund for which the collection or sale is being made, nor any box or other receptacle which is not duly ‘numbered. 10. No payment or reward shall be made or given either directly or indirectly to any collector or seller or other person concerned with the promotion or conduct of « collection or sale for or in respect of services rendered in connection therewith. 11. Within one month after the date of any collection or sale the person, society, committee or other body of persons responsible therefor shall forward to the Commissioner a statement in such form as shall be approved by the Com- missioner certified by the auditor of the society or by some independent responsible person, with vouchers showing in detail the amount collected and the expenses incurred in connection with such collection or sale, and shall if required by the Commissioner satisfy him as to the due and proper application of the proceeds of the collection or sale. “The person, society, committee or other body shall also, within Street Collections (Control). [Ch. 30. No. 13. the same period, at his or their own expense and after audit, publish in such newspaper or newspapers as the Commissioner may direct a short statement showing the name of the person, or society or other body responsible for the collection or sale, the name of the charity or fund which is to benefit, the date of the collection or sale, the amount collected, the amount of the expenses and the amount distributed to the charity or fund. 287 288 Ch. 30. No. 14.] Licensing Dealers (Precious Metals & Stones). CHAPTER 30. No. 14. LICENSING OF DEALERS (PRECIOUS METALS AND STONES). Ordinance AN ORDINANCE RELATING TO THE LICENSING OF DEALERS No. 11 1945, . oD . oe . | AND SALE OF PRECIOUS METALS AND STONES. [15th June, 1945.) 1. Tins Ordinance may be cited as the Licensing of Dealers (Precious Metals and Stones) Ordinance. 2. In this Ordinance precious metals include bullion, platinum, gold and silver coins, and jewellery made from same; stone, include diamonds, rubies and precious and semi-precious stones. Dealers tobe 3. It shall not be lawful for any person to carry on the heensel- business of a dealer in precious metals and stones unless he shall have previously taken out a licence under this Ordinance. Licence. 4. (1) Licences under this Ordinance shall be granted by and at the discretion of the Magistrate of the district in which the premises to be licensed are situate. (2) No such licence shall be granted without the previous report of the officer of Police in charge of the division in which the premises to be licensed are situate, and before the expiration of twenty-one days at least after application in writing has been made therefor to the Magistrate. Licensing Dealers (Precious Metals & Stones). [Ch. 30. No. 14. 289 (3) Such licences shall be in the form in the First Schedule hereto, and shall be annual licences terminating on the 31st of December of the year for which they are granted. A fee of $2.40 shall be paid to the Magistrate for each such licence. 5. Over one of the principal entrances to the premises licensed under this Ordinance there shall be placed a board on which shall be printed, in legible letters of at least two inches in length, the name in full of the person holding such licence and the words “‘ Licensed dealer in precious metals and stones.” 6. (1) Every person licensed under this Ordinance shall keep his books in the forms in the Second and Third Schedules hereto, and he shall legibly enter in ink in the appropriate book, the date and hour of the day when any precious metals or stones are purchased, received or sold, the name in full, and the residence and occupation of the person from whom any such metals or stones are purchased, or received, and to whom any such metals or stones are sold, and in the case of an agent, the name and address of the principal, the quantity purchased, received or sold, and the price paid or received for the same. LIvery such entry as afore- said shall be made at the time of such sale, purchase, or dealing, and shall be signed by the vendor or his agent and the licensee or his agent. (2) No such person shall purchase or receive any such precious metals or stones except between the hours of seven o’clock in the morning and six o’clock in the evening. (3) No such person shall purchase or receive any precious metals or stones from any person apparently under the age of sixteen years. (4) No such person shall employ any servant or appren- tice or other person under the age of sixteen years to purchase or receive such precious metals or stones. 7. It shall be lawful for any constable at any time when the licensed premises are open for business to inspect any such book as aforesaid and all precious metals and stones T.—IV. 19 1st Schedule. Signboard. Dealer to keep books— 2nd and 3rd Schedules. Times for dealing. Persons under 16 years. Idem. Power of entry and inspection. 290 Ch. 30. No. 14.] Licensing Dealers (Precious Metals & Stones). Goods purchased to be kept for 10 days. Pen in the premises of any licensee under this Ordinance; and such licensee, or his representative, or the person in charge of such premises, or the person in whose custody or charge such book, precious metals or stones maybe, or the person who shall have made any entry in such book with respect to which any such constable may desire to ask any questions, shall permit such constable to inspect such book, precious metals and stones, and shall answer all such questions as shall be asked by such constable with reference to such book, precious metals or stones or any of the entries or contents of such book. 8. All precious metals and stones purchased or received by a licensed dealer shall be kept in the licensed premises and shall not in any way be changed in form or shape or disfigured for a period of at least ten days after such precious metals and stones shall have been purchased or received: Provided that the officer of Police in charge of the division in which the licensee carries on his business may, in his discretion, on the application of any licensee, grant a permit for the shipment or alteration in form or shape of any such precious metals or stones without the same having been kept for such period of ten days. 9. every person licensed under this Ordinance who, after notice has been given to him by any constable or by advertisement in the Royal Gazette that any precious metals and stones have been stolen or fraudulently obtained, fails to give information to the Police that articles of the like description were offered to him or were or are in his posses- sion, shall be guilty of an offence against this Ordinance. 10. Every person who shall do or omit to do anything which is by this Ordinance forbidden or required to be done, or shall assault, resist, oppose, hinder, prevent, or obstruct any person acting under and by the authority of this Ordinance, or shall in any way violate or assist in, or be party to, the violation of any of the provisions of this Ordinance, or shall be guilty of any offence against this Ordinance, shall be liable, on summary conviction to a fine of four hundred and eighty dollars or six months imprison- ment, or to both such fine and imprisonment. Licensing Dealers (Precious Metals & Stones). [Ch. 30. No. 14. 291 11. When any person licensed under this Ordinance is Licence may convicted of any offence against the provisions of this be cancelled Ordinance, it shall be lawful for the Court, if it sees fit, tion. to cancel the licence of such person. 12. All moneys received for licences, and all penalties Appropria- recovered under this Ordinance shall be paid into the moneys. Treasury for the use of the Colony. SCHEDULES FIRST SCHEDULE. (Section 4.) Form of Licence. A.B, having this day paid the sum of $2.40, is hereby authorised and licensed to deal in precious metals and stones at in accordance with the provisions of the Licensing of Dealers (Precious Metals and Stones) Ordinance. This licence expires on the 31st December, 19 C.D, Magistrate. Dated at this day of 19 SECOND SCHEDULE. (Section 6.) Receipt Book. | Name and | Description |,; | Signature of address of | of Article 9| Seller and Name in full] Residence. A Principal. | purchased. SE Licensve. é f Sell m| of Seller. oO Date. | Occupation. | 19 (2) 292 Ch. 30. No. 14.} Licensing Dealers (Precious Metals & Stones). THIRD SCHEDULE. (Section 6.) Delivery Book. |. 8 a| .| Signature of 2/5) Name of Address. |'9 Description |4/§| Licensee or Aix Purchaser. & of Articles. |‘3 |; Agent. 8 = 8 Electric Installations (Buildings). [Ch. 30. No. 15. 293 CHAPTER 30. No. 15. ELECTRIC INSTALLATIONS (BUILDINGS). AN ORDINANCE TO PROVIDE FOR THE LICENSING OF PERSONS Ordinances WHO CARRY OUT THE ELECTRIC WIRING OF BUILDINGS, N® 32-1943- THE REGULATION OF SUCH OPERATIONS, AND GENERALLY 11-1949. THE PREVENTION OR MINIMISING OF DANGER TO PERSONS OR PROPERTY WHICH MAY ARISE FROM THE ELECTRIC WIRING OF BUILDINGS. [5th J uly, 1945.] Commence- ment. 1. This Ordinance may be cited as the Electric Installa- Short title. tions (Buildings) Ordinance. 2. (1) In this Ordinance— Interpreta- tion. “ Board ’’ means the Board of Industrial Training constituted under the Industrial Training Ordinance; “licensed wireman’’ means a person who is the holder of a valid licence as such issued to him under the provisions of this Ordinance; “licence ’’ includes duplicate licence. (2) For the purposes of this Ordinance a person shall be deemed to act as a wireman who, on any occasion, installs, fixes, repairs, alters, replaces, connects, dis- connects or removes the whole or any part of the electric wiring of any building, not being the wiring of any telephone or radio-diffusion service or a lightning conductor or the wiring (including the earthing) of any wireless aerial: Provided that a person shall not be deemed to act as a 294 Appoint- ment of Licensing Authority. Powers and duties of Licensing Authority. Licences. Ord. 1— 1949, s. 2. Ch. 30. No. 15.] Electric Installations (Buildings). wireman by reason only of the fact that he manipulates a switch, or connects or disconnects a plug, or replaces or installs a lamp in a socket, or replaces a fuse so long as such replacement is in conformity with the relevant provisions of any rules in force by virtue of section 11. 3. The Governor may, by notification published in the Royal Gazette, appoint one or more persons to be Licensing Authorities for the purposes of this Ordinance and the Director of Works and Hydraulics shall be deemed to have been so appointed. 4. Any of the powers and duties conferred or imposed on ‘‘ the Licensing Authority ” by this Ordinance may be exercised by any person appointed (so long as the appoint- ment subsists) or deemed to have been appointed under the preceding section. 5. (1) It shall be lawful for the Licensing Authority to grant a licence to act as a wireman to any person who— (a) makes application therefor in the prescribed manner to the Licensing Authority; and (6) satisfies the Licensing Authority that he is qualified as hereafter provided to receive such licence; and (c) is not less than 18 years of age; and (d) pays the prescribed fee. (2) Every such licence to act as wireman shall be in the prescribed form and shall have attached thereto one of two recent photographs of the holder thereof which shall be supplied to the Licensing Authority by the applicant for a licence when making his application; and every such licence shall be valid for a period of five years from the date on which it is granted unless sooner cancelled as hereinafter provided. (3) If, within fifteen days after the expiry of any such licence, the holder thereof makes application in the pre- scribed manner for a new licence, he shall be deemed to Electric Installations (Buildings). [Ch.30. No. 15. be still a licensed wireman until he is served with a notice to the effect that a new licence has been refused by the Licensing Authority. 6. Any person shall be qualified to receive a licence to act as a wireman who— (a) has qualified for a certificate of efficiency as a wireman under the provisions of the Industrial Training Ordinance prior to the 1st of January, 1950, and is in possession of such a certificate; or (5) has qualified for such a certificate of efficiency after the Ist of January, 1950, and is in possession of such a certificate, and, in addition is in possession of a certificate issued by or on behalf of the Board (for which certificate the Board may in its discretion demand the prescribed fee) to the effect that he has been apprenticed as a wireman under the said Ordinance with the approval of the Board and has served such apprenticeship to the satisfaction of the Board; or (c) is in possession of a certificate issued by or on behalf of the Board (for the issue of which the applicant shall pay to the Board the prescribed fee) to the effect that he has received outside the Colony training which, in the opinion of an electrical engineer recognised by the Board, qualifies him to act as a Wireman; or (2) was the holder of a licence issued or deemed to have been issued under the regulations made either under the San Fernando Electric Works Ordinance, published in the Royal Gazette on the 18th of November, 1926, or the Wiremen’s Licences Regulations, 1930*; or (e) has previously held a licence to act as a wireman issued under this Ordinance. 7. The Licensing Authority may, on payment of the prescribed fee, issue a duplicate of any licence as a wireman which is proved to his satisfaction to have been lost or destroyed and which has not been cancelled. * Both regulations revoked by s. 3 of Ord. 17-1945. 295 Qualifica- tions for licences. Ord.39~1945, s. 2. Licensing Authority may replace licences lost or destroyed. 296 Power of Licensing Authority to Tefuse or cancel licence. Offence. Ch. 30. No. 15.) Electric Installations (Buildings). 8. (J) It shall be lawful for the Licensing Authority to refuse to issue a licence under this Ordinance, or to cancel a licence held by a licensed wireman, if it is estab- hshed to his satisfaction, after giving the applicant or licensee an opportunity of being heard, that the applicant or licensee (a) is prevented from acting efficiently as a wireman by infirmity of mind or body; or (v) has been convicted of an offence involving dishonesty which he committed in the course of acting as a wireman; or (c) has been convicted of any offence against this Ordinance or the rules thereunder; or (7) has been guilty of gross negligence or inefficiency in the course of acting as a wireman; or (ec) has previously been refused a licence under this Ordinance, or has previously had his licence cancelled, on any grounds specified in this subsection. (2) Whenever the Licensing Authority refuses to issuc a licence or cancels a licence he shall cause notice of such refusal or cancellation to be served on the applicant or licensee, as the case may be, either personally or by letter addressed to him at his usual or last known place of abode. (3) Whenever notice of cancellation of a licence shall have been served in accordance with subsection (2) of this section, it shall be the duty of the licensee forthwith to surrender his licence to the Licensing Authority and, if any licensee shall fail in this obligation, he shall be liable on summary conviction to a fine of twenty-five dollars. (4) A refusal of a Licensing Authority to issue a licence and the cancellation of a licence by the Licensing Authority shall be subject to appeal to the Governor in Council whose decision shall be final. 9. (1) Any person shall be guilty of an offence against this Ordinance who--— (a) in any application for a licence under this Ordinance, makes any statement which is materially false, or tenders in support of any such application Electric Installations (Buildings). [Ch. 30. No. 15. 297 any certificate or licence which does not relate to him or which is false in any material particular; or (b) not being a licensed wireman or a person working under the direct and continuous supervision of a licensed wireman, acts as a wireman or offers directly or indirectly so to act; or (c) employs to act as a wireman any person who is not a licensed wireman and who does not work under the direct and continuous supervision of a licensed wireman and whom he either knows not to be a licensed Wireman or has no reason to believe to be a licensed Wireman; or (d) being a licensed wireman, lends his licence, or makes the use of his licence available, to any other person; or (ec) borrows, or uses as his own, a licence not granted to him under this Ordinance. (2) Any person guilty of an offence by virtue of this section shall be liable on summary conviction therefor to a fine of forty-eight dollars, and on a second or subsequent conviction to a fine of ninety-six dollars or to imprisonment for three months or to both such fine and imprisonment. 10. Any person who refuses to produce his licence as a wireman for inspection on demand by the Licensing Authority, or by a constable, or by a person to whom he has offered or is giving his services as a wireman, or by a person by whom he is employed or is about to be employed as a wireman, shall be guilty of an’ offence and shall be liable on summary conviction to a fine of twenty-five dollars: Provided that if within forty-eight hours after the production of his licence was so demanded the holder himself produces the licence to the person demanding it, or at the office of the Licensing Authority, where the demand was made by the Licensing Authority, or at such Police Station as may be specified by him at the time the pro- duction of the licence was demanded, where the demand was made by a constable, he shall not be convicted under this section. Duty to produce licence. Ord.39-1945, s. 3. 298 Power to make rules. Exceptions may be provided for. Ch. 30. No. 15.] Electric Installations (Buildings). 11. (1) The Governor in Council may make rules for carrying out the purposes of this Ordinance and, in par- ticular and without prejudice to the generality of this power, such rules may make provision for— (a) prescribing any matters authorised by this Ordinance to be prescribed; and (6) regulating the performance of their duties by persons acting as wiremen; and (c) prescribing the measures to be taken to prevent or minimise danger to persons or property which may arise from the electric wiring of buildings or the manner of installing, fixing, wiring, repairing, altering, replacing, connecting, disconnecting or removing the same; and (d) prescribing a penalty not exceeding a fine of ninety-six dollars and imprisonment for three months for breaches or contraventions of any such rule. (2) Rules made under this section shall not have effect until confirmed by resolution of the Legislative Council. (3) The rules in the Schedule hereto shall be deemed to have been made and confirmed in accordance with this section. (+) Rules under paragraphs (0), (c) and (d) of sub- section (1) of this section may be made to apply throughout the Colony or to specified areas of the Colony, and shall have effect notwithstanding anything to the contrary in any law. 12. This Ordinance shall have effect subject to such exceptions, whether conditional or otherwise, as may be provided for by order of the Governor in Council. THE SCHEDULE. 1. These Rules may be cited as the Electric Installations (Wiremen’s Licences and Fees) Rules. 2. In these rules the expression ‘‘ the Ordinance ’’ means the Electric Installations (Buildings) Ordinance. Electric Installations (Buildings). (Ch. 30. No. 15. 3. Applications for licences under the Ordinance shall be in the appropnate form in Schedule A hereto and shall be accompanied by the certificates or previous licence (unless surrendered on cancellation) on which the applicant bases his claim to be qualified under section 6 of the Ordinance. Such certificate shall be returned by the Licensing Authority to the applicant when or before the licence is granted or refused, as the case may be, and such previous licence shall be so returned if it has not expired. 4. Licences under the Ordinance shall be in the appropriate form in Schedule A hereto. 5. The fees to be taken for things done under the Ordinance shall be in accordance with Schedule B hereto. SCHEDULE A. Form 1. THE ELECTRIC INSTALLATIONS (BUILDINGS) ORDINANCE. Application for Licence by an Applicant not previously Licensed. 1. I, (a) , of (b) hereby apply to the Licensing Authority for a licence to act as a wireman. 2. I was born on at (c) 3. I annex hereto my photograph in duplicate and the following certificates namely (d) :— 4. I have (f)/have not (f) previously applied for and been refused a licence as wireman under the above mentioned Ordinance. 5. I have (f)/have not (f) held a licence under the above mentioned Ordinance and/or under any previous regulations providing for the licensing of wiremen. 6. I am not suffering from any physical infirmity which would prevent me from acting as a wireman. 7. I have (f)/have not (f) been convicted of an offence or offences described in section 8 (1) (6) and (c) of the Ordinance (e). The particulars of such previous convictions are as follows:— Date of conviction. Court. Offence. Sentence. Dated Signed Read these footnotes carefully. (a) Full name in block capitals. (b) Full address. (c) State number of house, name of street, name of town and country as appropriate. (d) See section 6 of the Ordinance. Annex certificate of efficiency as a wireman issued under the Industrial Training Ordinance and, if you passed the qualifying examination after the 1st day of January, 1950, annex also a certificate from the Board that you were duly apprenticed as a wireman and served your apprenticeship to the Board's satisfaction. If you were qualified abroad, annex the Board’s certificate that you are qualified to act as a wireman. (e) These offences are:— (i) an offence involving dishonesty committed while you were acting as a wireman; or (ii) an offence against the Ordinance or the rules thereunder. (f) Delete if inappropriate. 300 Ch. 30. No. 15.] Electric Installations (Buildings). Form 2. THE ELECTRIC INSTALLATIONS (BUILDINGS) ORDINANCE. Application for Licence by an Applicant who has been Previously Licensed. 1. I (a) , of (b) hereby apply to the Licensing Authority for a licence to act as a wireman. 2. I have previously been licensed as a wireman. My last licence was issued by ,on , and is annexed. 3. No licence previously issued to me has been cancelled (c). I have had a previous licence cancelled (c). 4. Iam not suffering from any physical infirmity which would prevent me from acting as a wireman. 5. I have (e)/have not (¢) been convicted of an offence or offences described in section 8 (1) (b) and (c) of the Ordinance (d). The particulars of such previous conviction are as follows: Date of conviction. Court. Offence. Sentence. Dated Signed Read these footnotes carefully. (a) Full name in block capitals. (b) Full address. (c) Strike out inappropriate sentence. (d) These offences are :— (i) an offence involving dishonesty while you were acting as a wireman; or (ii) an offence against the Ordinance, or the rules thereunder. (e) Delete if inappropriate. Form 3. THE ELECTRIC INSTALLATIONS (BUILDINGS) ORDINANCE. Form of Licence. The Licensing Authority hereby licenses , of , to act as a wireman from to 19 Dated Licensing Authority. SCHEDULE B. Fees. $ 1. For a licence as a wireman 1.20 2. For a duplicate licence as a wireman 60 3. For a certificate of apprenticeship issued by the Board under para- graph (b) of section 6 of the Ordinance 1.20 4. For a certificate issued by the Board under paragraph (c) of section 6 of the Ordinance ves wee see oe ae tee wee o =2.40 AN Electricity (Inspection). [Ch. 30. No. 16. CHAPTER 30. No. 16. ELECTRICITY (INSPECTION). ORDINANCE TO PROVIDE FOR THE INSPECTION OF ELECTRICAL INSTALLATIONS, PLANT, APPARATUS AND WORKS AND FOR OTHER PURPOSES IN CONNECTION THEREWITH. [1st January, 1946.] 1. This Ordinance may be cited as the Electricity (Inspection) Ordinance. 2. In this Ordinance unless the context otherwise requires— apparatus ’’ means electrical apparatus and includes all apparatus, machines, consuming devices and fittings in which conductors are used or of which they form a part ; authorised person ’’ means a person appointed by the licensee, the management or the owner of an installation, or by a contractor, for the time being, to a licensee or owner to carry out certain duties incidental to the generation, transformation, distri- bution, and use of energy, provided that such person is competent for the purpose for which he is employed, the burden of proof of competency being on the employer; “Chief Inspector’’ Deputy Chief Inspector” and “Inspector ’’ mean, respectively, the Chief Electric Inspector, Deputy Chief Electric Inspector, and an Electric Inspector appointed under section 3; 301 Ordinances No. 44-1945. 32-1950. Commence- ment. Short title. Interpre- tation. 302 Ch. 30. No. 16.) Electricitv (Inspection). conductor ’’ means an electrical conductor arranged to be electrically connected to a system ; ” consumer ’’ means a person who is supplied with energy or whose premises are for the time being connected for the purposes of a supply of energy with any system of public supply; danger means danger to health or to human life or limb from shock, burn, or other injury resulting from the generation, transformation, distribution or use of energy and includes danger to property from fire resulting as aforesaid ; clectric supply line”? means a wire or conductor or other means for conveying, transmitting or distri- buting energy, together with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting or distributing energy ; energy means electrical energy when generated, transmitted, supplied or used for any purpose except the transmission of a message; generator ’’ means a dynamo of any type for the generation of energy ; installation means the whole of any particular plant, apparatus or works designed for the supply or use, or both, as the case may be, of electrical energy, under one ownership and, where management is prescribed, in charge of the same management, including prime movers, if any, with all necessary plant and buildings in connection therewith, electric supply lines and consuming apparatus, if any; licence ’? means a licence issued under the Trinidad and Tobago Electricity Commission Ordinance, per- mitting the licensee to operate or work an installation ; “licensee ’? means a person permitted by licence to work or operate an installation and includes an authorised agent ; “management ’’ means the authorised person for the time being placed in charge of an installation by the licensee or owner or by a contractor ; , Electricity (Inspection). [Ch. 30. No. 16. “motor ’’ means a motor of any type for the trans- formation of electrical energy into mechanical energy; “pressure ’’ means the difference of electrical poten- tial between any two conductors or between a conductor and the earth, as read by a standard volt-meter; “ prime mover ” means a machine supplying power to a generator for the purpose of generating energy; “ private safety ’’ means the obviation of danger to individuals or to private property; “public safety ’’ means the obviation of danger to the gencral public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, waterworks and their appurtenances and telegraphic, telephonic and other electrical signalling lines; “system means an electrical system in which all the conductors and apparatus are electrically con- nected ; “transformation includes the transformation of pressure up or down and the conversion of alternating to direct current or vice versa by static, rotary or electro-chemical means. 3. (1) The Governor in Council may, by notification in the Royal Gazette, appoint so many Electric Inspectors and at such remuneration as he may think expedient to inspect installations, and electrical plant, apparatus and works and to perform such other duties as may be prescribed, and may in like manner and at such remuneration as he may think expedient appoint persons to officiate as Chief Inspector and Deputy Chief Inspector to supervise the methods and details of such inspection and of such duties as aforesaid and to perform such other duties as may be prescribed. (2) The carrying out of the said inspections and the performance of the said duties shall be under the adminis- trative control of the Chief Inspector. (3) The Chief Inspector and the Deputy Chief Inspec- tor shall have and may exercise all powers vested by this Ordinance or by any rules made hereunder in an Inspector. 4. On the completion of a new installation, the owner thereof shall give notice in writing to the Chief Inspector, 303 Appoint- ment of Electric Inspectors. Inspection of installa- tion on completion. 304 Periodical Inspec lions of installa- tions, Installations completed or begun before com- Mmeneement of Ordinanee Precautions agamst atmospheric eleetreity Restriction of connec- tion with earth. Ord.. osu, s. Ch. 30. No. 16.] Electricity (Inspection). who shall cause inspection and tests to be made within the prescribed period and, if the installation satisfies the require- ments of this Ordinance and the rules made hereunder, certify or cause to be certified accordingly in the prescribed form. No installation shall be operated until such certifi- date has been obtained. 5. In addition to periodical inspections during con- struction and final inspections on completion, all installa- tiens while in operation shall be inspected at such intervals as may be prescribed. The licensee and management and persons in charge of all installations shall afford full facilities for inspection within reasonable working hours. 6. Iexcept as may be otherwise provided by any exemp- tion under section 16, all installations which shall have been operated or whereof the construction shall have been completed or begun before the commencement of this Ordinance shall be subject to this Ordinance and the rules made hereunder. 7. Any department of the Government or any other consumer taking or using energy from an installation shall, if the Chief Inspector so requires, provide such means for obviating risk of damage to such installation by atmospheric electricity as may be directed by the Chicf Inspector. 8. (1) No person shall in the generation, transmission, supply or use of energy permit any part of his electric supply lines to be connected with earth except as may be required by rules made under this Ordinance or by any other law or may be expressly permitted by the Chief Inspector. (2) In the event of any breach of the provisions of the last preceding subsection the Chief Inspector may by written order require the licensee or owner to break such connection and may prohibit the use of any electric supply line or works or of any installation until the order is complied with, and every such order shall be complied with by the person concerned. Electricity (Inspection). [Ch. 30. No. 16. (3) If the licensee or owner fails to comply with the aforesaid written order of the Chief Inspector or continues to use the electric supply line or works or any installation prohibited to be used while such order remains uncomplied with, he shall be guilty of an offence against this Ordinance and liable to a fine of one hundred and twenty dollars and, if the contravention continues, to a further fine of ten dollars for every day in respect of which it so continues after the first day. 9. (1) In the event of an Inspector finding in any installa- tion or apparatus any defect which in his opinion is likely to cause danger, he may, by notice in writing posted at the place where the installation or apparatus to which it relates is installed or working or served upon the licensee or owner thereof, suspend the operation and use of such installation ‘or apparatus until such defect is made good or removed, and in such case the said installation or apparatus shall not be operated or used so long as the said notice of suspension remains unrevoked. (2) If any person operates or uses an installation or apparatus while any such notice of suspension remains unrevoked he shall be guilty of an offence against this Ordinance and liable to a fine of one hundred and twenty dollars, and if the contravention continues to a further fine of ten dollars for every day in respect of which it so continues after the first day. (3) Every licensee and every management and person in charge of an installation becoming aware of a defect therein which is likely to cause danger and every consumer becoming aware of a defect in any apparatus which is likely to cause danger shall forthwith make a report thereof to an Inspector and in default of so doing shall be guilty of an offence against this Ordinance and liable to a fine of forty- eight dollars. (4) If in the opinion of the Chief Inspector anv defect in an installation in respect whereof a licence is in force is of such a nature that it cannot be made good or removed, he shall forward a report of his findings to the Governor in Council who may cancel the licence. T.—Iv. 20 305 Procedure in case of dangerous defect in installation of apparatus. Ord.32-1950, a. 3. 306 Entry on premises. Orcl. 32-1050, 4. Serious accidents to be reported, Investiga- tion and inquiry. Ord.32--1950, s. 4, Ch. 30. No. 16.] Electricity (Inspection). 10. (1) The Inspectors are empowered to enter upon any premises, in or upon which an installation or apparatus may be, at any time between the hours of 6 a.m. and 6 p.m. and also at any other time when any installation or apparatus in or upon such premises may be at work. (2) Any person who obstructs any Inspector in the execution of his duty under the last preceding sub- section shall be guilty of an offence against this Ordinanc and liable to a fine of forty-eight dollars, and on a second or subsequent conviction to a fine of ninety-six dollars or imprisonment for three months or to both such fine and imprisonment. 11. (1) Where any accident causing or resulting in loss of life or grievous hurt to any person or serious injury to property has occurred in connection with any installation or electrical plant or apparatus, the owner or licensee thereof and the management thereof shall with the least possible delay report in writing to an Inspector the facts of the matter so far as they are known to them respectively, and the Inspector shall thereupon visit the place where the accident occurred and make a preliminary investigation of the cir- cumstances and record in writing his finding upon such investigation, and if there has been any loss of life or there is reason to believe that any person has been fatally injured shall send a copy of his findings to the nearest Magistrate. (2) In the event of loss of life or grievous hurt to any person due to any accident in connection with any installa- tion or electric plant or apparatus no alterations or additions shall without the consent of an Inspector be made to any part of such installation, plant or apparatus which may have contributed to cause such accident nor shall any alterations be made without such consent to the site of the accident until an Inspector has completed his investigation: Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property. (3) If any person fails to make any such report as is required by subsection (1), or effects any alterations or additions to any part of an installation, plant or apparatus in contravention of subsection (2) of this section, he shall be Electricity (Inspection). [Ch. 30. No. 16. guilty of an offence against this Ordinance and liable to a fine of one hundred and twenty dollars. (4) If upon a preliminary investigation it appears to the officer making such investigation that there is reason to believe that the accident was due to any failure to comply with the provisions of this Ordinance or of the rules made hereunder or to neglect of any lawful order given by an Inspector, or if the officer making such investigation as aforesaid is satisfied that the accident might have been prevented if proper precautions had been taken and observed in the working of any installation or electrical plant or apparatus, such persons of electrical or other special skill and experience as shall be nominated by the Governor in Council shall hold an inquiry into the nature and cause of the accident and shall forward to the Governor in Council a copy of the evidence taken at such inquiry together with their findings thereon and such further report as may seem to them necessary, and if they are of opinion that criminal proceedings ought to be instituted against any person in connection with the accident they shall forward to the Attorney Gencral a copy of the said evidence, finding and report. (5) The foregoing provisions of this section shall not apply in respect of any factory or other premises or place to which the Factories Ordinance, applies. 12. (1) In the event of any difference of opinion between a licensee and an Inspector or between the management or owner of any installation or apparatus and an Inspector regarding any structural question or question of fitting or adjustment in relation to any installation or apparatus, the matter shall be referred to and decided by the Chief Inspector. (2) From any decision of the Chief Inspector an appeal shall lie to the Governor in Council: Provided that no such appeal shall, except by special permission of the Governor in Council, be admitted after the expiration of forty-two days from the date when the decision appealed against was given. In dealing with any such appeal the Governor in Council shall, after inquiry shall have been made into the subject matter thereof in the manner provided 20 (2) 307 Questions for decision of Chief Inspector, subject to appeal to Governor in Council. Ch. 30. No. 16.] Electrictty (Inspection). Towers of Board of Inquiry Frosecution of offences. Ord,32-1950 s. 8. Rulcs Ord.32-1950, s. 7. in the next succeeding subsection and after such further investigation if any, as he thinks fit to make, may set aside or vary the decision of the Chief Inspector or may uphold the same, and the decision of the Governor in Council shall be final and shall be carried into effect. (3) The subject matter of any such appeal shall be referred by the Governor in Council to a Board consisting of such persons of electrical or other special skill and experience as the Governor in Council shall nominate for the purposes of inquiry who, at the conclusion of such inquiry, shall forward the evidence, if anv, recorded by them together with their opinion and recommendations as to the decision proper to be given in the matter of the appeal, and any of such persons who may dissent from the opinion or recommendations given may forward to the Governor in Council a statement in writing of the reasons for his dissent. (4) Every person who shall sit as a member of the Board of Inquiry referred to in the last preceding subsection shall be entitled to receive from public funds such remunera- tion as the Governor in Council may from time to time fix by notification in the Roval Gazette. 13. For the purpose of holding inquiries under this Ordinance a Board of Inquiry shall have power to administer oaths and affirmations and shall be vested with the powers of a Magistrate for compelling the attendance of witnesses, maintaining order and otherwise duly conducting the said inquiries. Persons summoned to attend at anv such inquiry shall be legally bound so to attend. 14. All offences against, and all penalties imposed by, this Ordinance or any rules made hereunder shall be prosecuted and recovered in the manner provided by the Summary Courts Ordinance. 15. The Governor in Council may from time to time make rules prescribing— (a) the duties under this Ordinance of any officers appointed under section 3; (6) the intervals, times and manner in which any installations or apparatus shall be inspected, the Electricity (Inspection). [Ch. 30. No. 16. notice (if any) to be given in relation to inspections and the preparations to be made by the licensees and the management for such inspections; (c) the design, construction, protection and main- tenance of installations and apparatus, the conditions under which any installation or apparatus shall be worked or operated and the prohibition of the use of dangerous apparatus; (d@) the means which may be employed (to the exclusion of other means) for the generation, trans- mission, transformation, distribution and application of energy; (ec) the manner in which energy shall be measured and in which it is permitted to be, or is prohibited from being, supplied or used; (f) the standards to be adopted for measurement of dimensions of installations and apparatus; (g) the regulation and variation of the nature, pressure and periodicity of the energy supplied; (k) the class or design, or classes or designs, of wires, fittings and apparatus to be used by consumers and the manner in which they shall be fixed, arranged, pro- tected and controlled and providing for the erection, inspection, testing and maintenance thereof; (1) the fees to be paid for the inspection of installa- tions and apparatus, the form and contents of and the conditions to be implied in licences, the form and duration of certificates and the suspension, extension and revocation of licences and certificates; (7) the measures to be taken and the fittings to be supplied and used in connection with installations in order to secure public safety and private safety; (k) the manner of effecting alterations to installa- tions in operation; (/) the precautions to be taken on the relief of persons in control of apparatus and the manner of notifying to Inspectors the names and qualifications of persons placed in charge of installations and in control of the operation of apparatus ; 309 310 Exemptions from pro- visions of Ordinance, Ch. 30. No. 16.] Electricity (uspection). Qt) the manner of calculating the power of generators and motors, (v) the manner of holding inquiries under this Ordinance ; (0) the forms of notice. and the manner of service thereof, (P) the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance likely to arise or arising frem the werking of any installation or apparatus, (y) the records to be kept in respeet of installations, licence. , inspections and any other matters to which this Ordinance relates and the form thereof and the persons by whem the same are to be kept, (ry) the time, place and manner for the payment of moneys payable under this Ordinance or the rules made hereunder and the mode of collection and disposal thereof, (s) offences against any of such rules and penalties therefor not) execeding one hundred and twenty dollars: Provided that in the case of a continuing offence, a further penalty not exceeding ten dollars for cach day during which such offence continues may be preseribed ; (4) any other matters as to which it may appear to the Governor in Council expedient to make rules for the better carrying out of the provisions of this Ordinance. 16. The Governor in Council may by notification in the Roval Gazette exempt from all or any of the provisions of this Ordinance (a) any installation, or part thereof, constructed before the commencement of this Ordinance; (b) any other particular class of installation or apparatus ; and may by similar notification cancel any exemption so notified. Sleeping Accommodation (Control Charges). |Ch, 30. No“17. 311 CHAPTER 30. No. 17. SLEEPING ACCOMMODATION (CONTROL OF CHARGES). AN ORDINANCE TO CONTROL CHARGES MADE FOR SLEEPING Ordinance ACCOMMODATION, No, 25-1943. [12th A ugust, 1943. ] Commence- ment, 1. This Ordinance may be cited as the Sleeping Accom- Short title. modation (Control of Charges) Ordinance. Interpre- tation, 2. In this Ordinance “ Board" means the Rent Assessment Board con- stituted under the Rent Restriction Ordinance, for the area in which any sleeping accommodation is situated ; charge means a charge for the occupation of sleeping accommodation, whether inclusive of any service or facilities provided therewith or not, and also a separate charge for any such services or facilities ; sleeping accommodation means accommodation permitted or intended by one person (in this Ordinance referred to as ‘‘ the owner’’) to be occupied under contract or otherwise for reward by another person (in this Ordinance referred to as ‘‘ the occupier ’’) mainly for sleeping purposes together with the services or facilities (if any,) provided therewith; but does not include premises the rent or charges for the use or occupation of which are controlled under the Rent Restriction Ordinance, or under the Rent Restriction (Serviced Premises) Ordinance. 3. (1) The owner or occupier of any sleeping accommo- Charges to dation may at any time apply to the Board to approve pe $pprevee Board. 312 Charges to conform to those approved. Charge to be exhibitec Restriction on demand of premiums. Ch. 30. No. 17.] Sleeping A Accommodation (Control Charges). the charges relating to that accommodation or to approve revised charges in place of the charges previously approved. (2) The Board shall not approve a charge unless in the opinion of the Board it is reasonable and shall revise a charge on due application if in the opinion of the Board it has ceased to be reasonable. (3) The Board) may permit all or any sleeping accommodation in any building, or on any premises, being accommodation of which one person is the owner, to be dealt with in one application, (+) Section 6 of the Rent Restriction Ordinance, shall apply in relation to applications under this section. 4. If any sleeping accommodation shall, after the Ist of September, 1943, be occupied as such, or continue to be occupied as such, without the charge therefor having been approved by the Board or at a charge greater than an approved charge, the owner thereof shall be guilty of an offence against this Ordinance: Provided the owner shall not be guilty of an offence as aforesaid by reason of a charge not having been approved if an application to approve the charge has been made and is pending. 5. The owner of any sleeping accommodation shall at all times cause the charge. approved by the Board to be exhibited conspicuously at the place where the accommo- dation is situated, and, if he shall contravene or fail to comply with this section, he shall be guilty of an offence against this Ordinance. 6. The owner of any sleeping accommodation shall not, as a condition of permitting the occupation or continued occupation thereof after the charges have been approved by the Board, require the payment of any fine, premium, or other like sum, or the giving of any consideration in addition to the charges approved by the Board, and where any such payment or consideration shall be made or given, the amount or value thereof shall be recoverable by the person by whom it was made or given or his personal representative. The owner of any sleeping accommodation who shall contravene or fail to comply with the provisions of this section shall be guilty of an offence against this Sleeping Accommodation (Control Charges). [Ch. 30. No. 17. 313 Ordinance and the court in which the conviction is obtained may order him to repay the amount or value of the same to the person from whom it was received. 7. No charge for sleeping accommodation in excess of Charge in that approved by the Board shall be recoverable and any tariff to be excess paid shall be repayable to the person who paid it, itrecover- 8. Any person who shall be guilty of an offence against Penalty. this Ordinance shall be liable on summary conviction to a fine of four hundred and eighty dollars or to imprisonment for six months or to both such fine and imprisonment, or, if such person is a corporation, shall be liable to a fine of one thousand two hundred dollars. 9. Notwithstanding any provision of law to the contrary, Limitation summary procecdings for an offence against this Ordinance 0 Prose- may be commenced at any time within two years from the date on which the offence was committed. 314 Ordinance No. 34-1943 Cammence- ment. Short tle and duration. Interpre- tation. Ch. 30. No. 18.] Services (Charges Control), CHAPTER 30. No. 18. SERVICES (CHARGES CONTROL). AN ORDINANCE TO MAKE PROVISION TO PREVENT, DURING , THE PRESENT EMERGENCY, EXCESSIVE CHARGES BEING MADE FOR PERFORMING SERVICES IN RELATION TO GOODS (INCLUDING HIRING AND SUBJECTING TO A PROCESS). [7th October, 1943. ] 1. (1) This Ordinance may be cited as the Services (Charges Control) Ordinance. (2) This Ordinance shall continue in force until such date as the Governor may by proclamation declare to be the date on which the emergency that was the occasion of the passing of this Ordinance came to an end, and shall then expire except as respects things previously done or omitted to be done. 2. (1) In this Ordinance “business unless the context otherwise requires, includes a branch of a business; performance of a charge-controlled service’? in relation to any business, means the performance in relation to goods of any description of a service for the performance of which, in the course of that business and in relation to those goods, a maximum charge has been fixed by an order for the time being in force under this Ordinance. (2) References in this Ordinance to the performance of a service in relation to goods include references to the hiring of goods and the subjecting of goods to any process. (3) References in this Ordinance to a business that includes the performance of a service, or a service of any Services (Charges Control). (Ch. 30. No. 18. particular description, in relation to goods, include references to a business which consists wholly of performing a service or a service of that description in relation to goods. (4) In this Ordinance references to an offer to perform a service or to enter into a transaction shall be construed as including a reference to a notification of the consideration proposed for the service or transaction, whether made before or after the performance of the service or the carrying out of the transaction. (5) References in this Ordinance to a person carrying on a business include references to a person employed to manage a business by the person carrying it on. 3. (1) The Governor in Council may by order fix the maximum charge to be made, in the course of a business of any class set out in the order, for performing, in relation to goods of any description specified in the order, a service of any description so specified; and it shall be unlawful for any person in the course of any such business to perform, agree to perform, or offer to perform, any such service in relation to any such goods for a charge which exceeds the maximum charge fixed by the order in relation to any such business, and to any such goods. (2) Any such order may fix different maximum charges to be made in the course of businesses of different classes for the same service in relation to the same des- cription of goods. (3) Any such order fixing the maximum charge to be made in the course of a business of any class for performing a service may require such steps as may be specified in the order to be taken to bring the said charge to the notice of persons to whom offers are made to perform the service in the course of the business. (4) Any such order may, instead of specifying the maximum charge to be made in the course of a business of any class for performing any service, direct that that charge shall be computed in such manner and by reference to such matters as may be provided by the order. (5) Where any such order contains such a direction as is mentioned in the last foregoing subsection as respects the performance of any service in the course of any business, 315 Power to fix maximum charges for service in relation to goods. 316 Right to avoid prohibited transaction or to recover excess price. Ch. 30. No. 18.] Services (Charges Control). the provisions set out in the next following section hereto shall have effect as respects the rights of a person for whom that service is performed, or with whom an agreement is made to perform the service, in the course of that business in contravention of subsection (1) of this section. (6) If any person performs, agrees to perform, or offers to perform, any service in contravention of sub- section (1) of this section, he shall be guilty of an offence against this Ordinance: Provided that (a) where it is proved that an offer made in contra- vention of the said) subsection has been followed by an agreement so made in pursuance of that offer, or that an agreement so made has been performed in contravention of the said subsection, those trans- actions together shall be taken to constitute a single offence, and (b) it shall be a defence for a person charged with a contravention of the said subsection to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person. (7) If any of the provisions of any order made by virtue of subsection (3) of this section are not complied with as respects any busine. the person carrying on the business shall be guilty of an offence under this Ordinance. 4. (1) The following provisions of this section shall have effect where an order is made under the last foregoing section of this Ordinance directing that the maximum charge to be made in the course of a business of any class for the performance of a service of any description in relation to goods of any description shall be computed in such manner, and by reference to such matters as may be provided by the order. (2) Where a prosecution has been instituted in respect of the performance of, or an agreement or offer to perform, any service of a description to which any such direction relates in the course of a business to which any Services (Charges Control). [Ch. 30. No. 18. such direction relates for a particular sum, and the person charged has been found guilty, then- (a) if the prosecution was in respect of the per- formance of, or an agreement to perform, a service, the person for whom the service was performed or with whom the agreement was made; and (b) whether the prosecution was in respect of the performance of a service or an agreement or offer to perform a service, any person for whom a similar service was performed, or any person with whom an agreement was made to perform a similar service, for the same or a higher charge in the course of that business in contravention of subsection (1) of the last foregoing section of this Ordinance before the date of the finding; shall have the following rights, exercisable, subject as hereinafter provided at his option. (3) In the case of an agreement to perform a service no part of which has been performed, he shall have the right to treat the agreement as avoided, and to recover from the person who agreed to perform the service, as money received by that person for his use, any amount paid by him as consideration therefor: Provided that he shall not be entitled to exercise the right conferred by this subsection if any rights acquired by a third party would be prejudiced by his so doing, or after the lapse of an unreasonable time from the date of the agreement. (4) He shall in any case have the right to affirm the performance of the service or the agreement to perform it, but to recover as aforesaid to the extent of any loss sustained by him by reason of the contravention. (5) Any sum recoverable by virtue of this section shall be recoverable with interest thereon at the rate of six per cent. per annum from the date when it was paid. (6) The rights conferred by this section shall not be exercisable by a person who is himself liable to punish- ment by reason of his having aided, abetted, counselled or procured the contravention in question. 5. The illegality by virtue of this Ordinance of any transaction shall not prejudice any rights acquired by any person other than a person who is guilty of a contra- 317 Saving for rights of innocent parties. 318 Charges- regulation committee, Inspectors. Ch. 30. No. 18.] Services (Charges Control). vention of this Ordinance in respect of the transaction, or Who is Hable to punishment by reason of his having aided, abetted, counselled or procured, sucha contravention. 6. (1) The Governor shall appoint a charges-regulation committee for the effective enforcement of the provisions of this Ordinance. (2) It shall be the duty of the charges-regulation committee to give advice and. assistance to the Governor in Couneil with regard to the operation of this Ordinance, (3) The charges-regulation committee shall be con- stituted in such manner as the Governor may determine. (4) The Governor may appoint a secretary to the charges-regulation committee, and such committee may employ such officers and servants as the Governor may determine. (5) Any notice or request issued or made under the provisions of this Ordinance, 1f purporting to be under the hand of the secretary of the committee, shall, unless the contrary be shown, be deemed to be signed by the said secretary on behalf of the committee and may be proved by the production of a copy thereof purporting to have been so signed. 7. (1) For the purposes of enforcing the provisions of this Ordinance, the Governor may appoint such number of inspectors, who may be paid such remuneration and expenses as the Governor may determine. (2) An inspector appointed under this section shall, for the purposes aforesaid, have power at all reasonable time. on production of a certificate of lis appointment-— (a) to enter any premises occupied for the purpose of a business which he has reason to believe to include the performance in relation to any goods of any service (b) to inspect any goods found on any such premises ; (c) to require any person carrying on or employed in connection with any such business— (1) to produce to, and allow to be examined Services (Charges Control), (Ch. 30. No. 18. by him any accounts, books or other documents in the custody or under the control of the person so required, being documents relating to that business the examination of which he may reasonably require for the purposes of — this Ordinance; and (ii) to furnish to him any information as respects that business which he may reasonably require for the said purposes. (3) If any person obstructs an inspector in the exercise of the powers conferred upon him by this section, he shall be guilty of an offence under this Ordinance and liable on summary conviction to a fine of two hundred and forty dollars. 8. (1) The Governor may (a) by notice in writing require any person carrying on a business which includes the performance of any charge-controlled service; or (6) by order require all persons carrying on busi- nesses which include the performance of any charge- controlled service of a description specified in the order; to keep such books, accounts and other records in relation to the business, and in such form, and containing such particulars with respect to such matters, as may be specified in the notice or order. (2) The Governor, or the charges-regulation committee, may by notice in writing require any person carrying on a business which includes the performance in relation to any goods of any service (whether a charge-controlled service or not)— (a) to produce to, and allow to be examined by, a person specified in the notice such books, accounts or other documents in the custody or under the control of the person so required as may be specified or des- cribed in the notice, being documents relating to that business the examination of which may reasonably be required for the purposes of this Ordinance; and (b) to furnish to a person so specified such informa- tion as respects that business as may reasonably be required for the purposes of this Ordinance. 319 Accounts and infor- mation. 320 Ch. 30. No. 18.] Services (Charges Control). (3) If any person makes default (a) in complying with a notice or order given or made under subsection (1) of this section, or (6) in producing or furnishing any book, account or other document or any information which he is required under this Ordinance to produce or furnish, he shall be guilty of an offence under this Ordinance and shall be Hable on summary conviction to a fine of two hundred and forty dollars, and if after being so convicted he continues te make the like default, he shall be hable on summary conviction to a fine of two hundred and forty dollars for ‘ach day on which the default continues after the first-mentioned conviction, or to imprisonment for six months, or to both such fine and such tunprisonment. (4) If any person (a) being required under this Ordinance to produce any book, account or other: document, produces with intent to deceive, any book, account or other document which he knows to be false ina material particular, or (o) being required under this Ordinance to furnish wn information, or in reply to any inquiry made by or on behalf of the Governor or a charges-regulation committee with respect to any matter w hich may affect the oxereise of their powers under this Ordinance, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false ina material particular, he shall be guilty of an offence under this Ordinance. 9. Where a person convicted of a contravention of any of the provisions of this Ordinance is a body corporate, every person who, at the time of the contravention, was a director or ollicer of the body corporate shall be deemed to be guilty of that contravention, unless he proves that the contravention was committed without his consent or connivance and that he exercised all such diligence to prevent the contravention as he ought to have exercised having regard to the nature of his functions as a director or officer of that body and to all the circumstances. Compo, 10. (1) Where a person (hereafter in this subsection offers, - » - : referred to as ‘‘ the offerer '’) offers in the course of any Services (Charges Control). (Ch. 30. No. 18. business to enter into a transaction for a consideration to be given as a whole both in respect of a matter to which this section applies and in respect of any other matter, any person to whom the offer is made may require the offerer to state to him in writing (a) what part of the consideration the offerer assigns to the matter to which this section applies, or (6) if the matters in respect of which the considera- tion is to be given are or include two or more matters to which this section applies, the several parts of the consideration which the offerer assigns to any one or more of those matters. The matter to which this section applies is the perfor- mance of any charge-controlled service. (2) The charge-control committce may, at any time within twenty-one days beginning with the day on which any person has offered to enter into such a transaction as aforesaid, by notice in writing require him to make to the committee such a statement as aforesaid. (3) Where, in pursuance of a requirement made under this section, a person making an offer states what part of the consideration he assigns to the performance of any charge-controlled service, he shall be deemed for all the purposes of this Ordinance, to have offered to perform that service for the part of the consideration so stated. 11. (1) Any person guilty of any offence under this Ordinance for which no other penalty is expressly provided shall be lable (a4) on summary conviction, to imprisonment for three months, or to a fine of four hundred and eighty dollars, or to both such imprisonment and such fine; or (6) on conviction on indictment, to imprisonment for two years, or to a fine of two thousand four hundred dollars, or to both such imprisonment and such fine. (2) Where a person, not being a body corporate, is charged with an offence under any provision of this Ordinance which expressly provides that the person carrying on a business shall be guilty of an offence under T.—IVv. 21 321 General provisions as to offences. Ip Ch. 30. No. 18.] Servtces (Charges Control). this Ordinance, it shall be a defence for him to prove that the act or default in respect of which he is charged was committed by some other person without his consent. or connivance, and that he exercised all such diligence to prevent the commission of the act or default as he ought to have oxercised having regard to all the circumstances. (3) On the third or any subsequent occasion on which a person is found guilty of an offence under this Ordinance, the court may, on the application of the Attorney General or on the application of the prosecutor made with the consent of the Attorney General, make such order having effect durmg such period as the court) thinks fit, for preventing the offender from) carrying on, or being con- cerned. directly or indirectly in the carrying on of, the business im the course of which the transaction constituting the offence was effected, or any branch of that business, or any business or branch of a business of a similar character ; and any person contravening an order made under this subsection shall Le guilty of an offence and shall be liable (a) on summary conviction, to imprisonment for six months, or (6) on conviction on indictment, to imprisonment for five Vears, (4) Where a person convicted on indictment of any offence under this Ordinance is a body corporate, no provision in this Ordinance limiting the amount of the fine which may be imposed shall apply to the body corporate and the body corporate shall be liable to such fine as the court thinks just. 12. (1) No anformation with respect to any particular business which has been obtained under this Ordinance shall without the consent of the person carrying on that business, be disclosed otherwise than in commection with the execution of this Ordinance’ Provided that nothing in this section shall apply to a disclosure of information made for the purposes of any criminal proceedings which may be taken whether by virtue of this Ordinance or otherwise, or for the purposes of a report of any such proceedings. (2) If any person discloses any information in con- travention of this section, he shall be liable on summary Services (Charges Control). |Ch. 30. No. 18. conviction to imprisonment for three months or to a fine of two hundred and forty dollars or to both such imprison- ment and such fine, or on conviction on indictment. to imprisonment for two years or to a fine of four hundred and eighty dollars, or to both such imprisonment and such fine. 13. A prosecution for any offence against this Ordinance shall not be instituted without the written consent of one of the Law Officers specified in Part T of the Schedule to the Law Officers Ordinance. 323 Sanction for prosecution. 324 Ch. 30. No. 19.] — Limeoil (Control of Manufacture). CHAPTER 30. No. 19. LIMEOIL (CONTROL OF MANUFACTURE). ae AN ORDINANCE RELATING TO THE MANUFACTURE OF aN, ee, LIMEOIL. [21st April, 1949. ] 1. This Ordinance may be cited as the Limeotl (Control of Manufacture) Ordinance. 2. In this Ordinance manufacturer means any person superintending or directing the manufacture of limeoil, manufactory means any distillery for the dis- tillation of limeoil and includes any place where himeoil is extracted by manual or other process, 3. Subject to the provisions hereinafter contained, every person who intends to operate a manufactory which before the commencement of this Ordinance was not in operation shall apply to the Governor for a licence to operate the same, and it shall be lawful for the Governor to issue any such licence subject to such conditions as he may impose, or to refuse to grant any such licence without assigning any reason for such refusal or to cancel any such licence issued by him Provided that nothing herein contained shall be deemed to apply to any grower of limes in respect of manu- facture of limeoil therefrom on the estate on which the same are grown. Penalty for 4. Ifa manufactory is operated contrary to any provision vperating of this Ordinance, the manufacturer shall be liable on contrary to provisions of SUMMary conviction to a fine of four hundred and eighty Ordinance. . Limeotl (Control of Manufacture). (Ch. 30. No. 19. 325 dollars and all machinery, implements, utensils, materials, and any limes and limeoil found upon the premises where such manufacture has been carried on shall be forfeited. 5. Any manufacturer who contravenes the conditions Contraven- under which any licence is issued under this Ordinance {net con shall be liable on summary conviction to a fine of two licence. hundred and forty dollars, and it shall be lawful for the Governor to suspend or cancel the licence of any such manufacturer. 326 Ch. 30. No. 20.] VJotion Picture Films (Carriage & Storage). Ordinance No. 10.1950, Commence- ment. Power to make Regulations. CHAPTER 30. No. 20. MOTION PICTURE FILMS (CARRIAGE AND STORAGE). AN ORDINANCE RELATING TO THE CARRIAGE AND STORAGE OF Motion Picture FILMs. [4th March, 1950.] 1. This Ordinance may be cited as the Motion Picture Films (Carriage and Storage) Ordinance. 2. In this Ordinance, film or motion picture film ”’ means picture or sound recording film having a nitro cellulose base whether in the form of unexposed film, positives, negatives, scrap or used film. 3. (1) The Governor in Council may make regulations (a) to make provision for the protection of persons and property from danger arising from fire or explosion caused by or incident to the presence of films in any place; (6) prescribing the conditions under and the places in which films may be stored, (c¢) preseribing the conditions under and the vehicles and receptacles in which films may be transported from one place to another ; (7) determining the restrictions to be imposed upon persons when in close proximity to films stored in any place; (ce) prescribing offences against any of the said regulations and penalties therefor: Provided that no such penalty shall exceed a fine of five thousand dollars or imprisonment for twelve months with or Motion Picture Films (Carriage & Storage). [Ch. 30. No. 20. 327 without hard labour: Provided further that in the case of a continuing offence, any such regulations may provide for a further penalty not exceeding one hundred dollars for each day during which the offence continues. (2) Regulations made under this Ordinance shall have no force or effect until they have been approved by the Legislative Council: Provided that until varied or revoked by any such regulations, the regulations contained in the Schedule hereto shall be in force. SCHEDULE. 1. These Regulations may be cited as the Motion Picture Films (Carriage and Storage) Regulations. 2. In these Regulations—- cabinet ’’ means a non-combustible container of a type approved by the Superintendent of lire Brigades; high fire risk area = means an area designated as such by the Superintendent of Fire Brigades which has been approved by the Governor in Council and notified in the Royal Gazette; motion picture film means picture or sound recording film having a nitro cellulose base whether in the form of unexposed film, positives, negatives, scrap or used film; “shipping and rewinding room means a room designed and constructed with the approval of the Director of Works and Hydraulics and used for the inspection repair or rewinding of film and in which films are kept pending shipment; “standard roll means a roll of film 35 mm. wide and 1,000 feet long weighing approximately 5 lb. used as a measurement of unit; “ vault ’’ means a vault designed and constructed with the approval of the Director of Works and Hydraulics. 3. (1) All motion picture film shall, subject to the provisions of regulation 13 of the Cinematograph Regulations which are contained in the Schedule to the Cinematograph Ordinance, be stored within a vault. (2) No building containing a vault shall be erected or maintained within 50 feet of any other building not containing a vault. (3) No motion picture film shall be transported other than in the manner specified herein. (4) No motion picture film shall be stored on any premises without a licence from the Superintendent of Fire Brigades. (5) Every licence issued under the preceding sub-regulation shall expire on the 31st December next following the date of issue, and notice of the issue of every such licence shall be published in the Roval Gazette. 328 Ch. 30. No. 20.] Motion Picture Films (Carriage & Stcrage). 4. No motion picture film other than motion picture film provided for in the ‘aid regulation 13 shall be stored within any high fire risk area of the Colony. 5. Racks shall be of incombustible material and arranged for storage of single reel containers or in storage of 1.¢.C containers. Incombustible partitions of { inch in hard asbestos or its equivalent in fire resisting value, and extending from the floor to the top of the rack shall be provided to divide racks into vertical sections not over 3 feet wide and so placed as not to obstruct distribution from) sprinkler heads. Racks shall not obstruct vent openings. 6. Vaults and other buildings attached thereto used in connection with film storage shall be protected by a system of sprinklers to specification 175 of the National Board of Fire Underwriters. All electrical apparatus and installations in vaults shall be of standard approved by the Government Chief Electric Inspector. 8. No combustible materials other than film shall be stored or placed in a vault. 9. All film shall be kept in closed containers, except during the actual time it is being worked on or examined. 10. (1) No more than 20 double rolls or 40 single rolls of film per operator shall be removed from a vault at any time for inspection or shipping purposes; and not more than 2 double rolls or 4 single rolls per operator shall be exposed at any one time. (2) No reel shall be exposed in a vault at any time. 11. (1) Serap film shall be kept separate from all other material, and under water in stecl drums with close fitting covers. (2) All film for disposal shall be deposited with the Superintendent of Fire Brigades. No film serap shall be buried or burnt. 12. (1) No film shall be inspected, repaired or rewound other than in a rewinding room. (2) No non-essential combustible material shall be kept in rewinding rooms other than in cabinets. 13. (1) All shipping and rewinding rooms shall be fitted with a sprinkler system to conform to specification 175 of the National Board of Fire Underwriters. (2) Collodion, amyl acetate or other similar flammable substance stored in a rewinding room shall be kept in a metal container, and the total quantity exposed at any one time shall not exceed one Imperial pint. 14. (1) Allintransit films at a film exchange shall as soon as practicable be placed in a vault. (2) Film shall only be transported in a vehicle in respect of which a permit in writing authorising the carriage of film in such vehicle has been issued by the Superintendent of Fire Brigades. Motion Picture Films (Carriage & Storage). [Ch. 30. No. 20. 329 (3) No motion picture film shall be transported other than in containers approved by the Superintendent of Fire Brigades. 15. No person shall smoke in any premises where motion picture film is stored or handled. Warning notices to this effect shall be posted over entrances in red letters 6 inches high on a white background. 16. Means of escape to freedom for employees on premises where motion picture film is stored or handled shall be prominently indicated by means of notices in green letters 6 inches high on a white background, at all points of exit. 17, (1) Fire equipment of a standard type and number approved by the Superintendent of Fire Brigades shall be kept and maintained in all premises where motion picture film is stored or handled. (2) All sprinkler systems installed in accordance with these regulations may be inspected and tested at any time by the Superintendent of lire Brigades or a person appointed by him in writing for such purpose and shall be so inspected and tested before a licence to store film is issued or renewed. 18. Whenever any person shall withhold his approval of the doing of or omission to do anything in connection with any film which is subject to his approval under these Regulations, the person aggrieved by his decision may, within seven days of the date of receipt of notification that such approval has been withheld, appeal against such decision to the Governor in Council who may, in his discretion, authorise the doing of or the omission to do such thing cither unconditionally or subject to such conditions as he may think fit to impose, or may confirm such decision: Provided that such decision shall be binding upon such person until varied or revoked by the Governor in Council. 19. No person shall leave or cause to be left any motion picture film unattended unless the same is secured in a vault, rewinding room or shipping room. 20. If any person shall contravene any of the provisions of regulations 3, 4, 15 or 16, he shall be guilty of an offence against these Regulations and liable on summary conviction to a fine of two thousand five hundred dollars or imprisonment with or without hard labour for twelve months, and, in the case of a continuing offence, to a further fine of one hundred dollars for each day during which the offence continues. 21. If any person shall contravene any of the provisions of regulations 8, 9, 10, 11, 12, 13, 14, 17 or 19 he shall be guilty of an offence against these Regulations and liable on summary conviction to a fine of two hundred and fifty dollars, and, in the case of a continuing offence, to a further fine of fifty dollars for each day during which the offence continues. 22. The Commissioner of Police, the Superintendent of Fire Brigades, and any member of the Police Force authorised in writing by the Commissioner of Police or member of the Fire Brigade Department authorised in writing by the Superintendent of Fire Brigades may at any 330 Ch. 30. No. 20.] Motion Picture Films (Carriage & Storage). time without notice enter any vault or building attached thereto used in connection with film storage or any shipping and rewinding room and inspect the same, and any person who assaults or impedes or obstructs the Commissioner of Police or Superintendent of Fire Brigades or any such member of the Police Force or of the Fire Brigade Department in the execution of his duty under this regulation shall be liable on summary conviction to a fine of forty-eight dollars. G.N. 298- 23. These Regulations shall come into force on the Ist of December, 1950. 1950. Pool Betting. [Ch. 30. No. 21. CHAPTER 30. No. 21. POOL BETTING. AN ORDINANCE TO CONTROL Poo. BETTING AND TO PROVIDE FOR THE PAYMENT OF DUTY ON BETS MADE BY WAY OF Poor BETTING. {1st June, 1951.] 1. This Ordinance may be cited as the Pool Betting Ordinance. 2. No person shall, except in accordance with the pro- visions of this Ordinance, carry on any business the carrying on of which involves the receipt of money or money’s worth paid as bets, or the promise of the payment of money or money’s worth as bets, by more than one person, on the terms that the winnings of such of those persons paying or promising to pay as are winners shall be, or be a share of, the stake-money paid or agreed to be paid by those persons, or shall be, or shall include, an amount which is divisible in any proportions among such of the persons as are winners (whether such amount is determined by reference to the stake money paid or agreed to be paid by those persons or not), where the bets are made by filling up and returning coupons or other printed or written forms, or otherwise howsoever. 3. Every person intending to carry on any such business shall— (ay notify the Commissioner of Inland Revenue (in this Ordinance referred to as “ the Commissioner ’’) of his intention; (b) make entry with the Commissioner, in such manner as the Commissioner may require, of all 331 Ordinance No. 33-1950. Commence- ment. Short title. Restriction on Pool Betting. Duties of applicant for licence. 332 Licence to conduct Pool Retting. Period cavered by licence. Licence fee. Duty and tax on Pool Betting. Ch. 30. No. 21.] Pool Betting. premises intended to be used by him for the purposes of the business ; (c) give to the Commissioner the full name and address and occupation of every person who has agreed to carry on the business in association with him, with such evidence in support of such agreement as the Commissioner may require. 4. On the receipt by the Commissioner of such notifica- tion and upon such entry being made, the Commissioner may refuse to grant such licence, or, in his discretion, and subject to such conditions as he may deem expedient, grant to the applicant a licence to carry on such business. 5. (1) Every such licence shall continue in force from the day on which it is granted until the last day of December then next ensuing. In the event of the breach of any condition imposed by the Commissioner under section 4 the Commis- sioner may suspend the licence for any period not exceeding six weeks: Provided that in any such case the licensee may appeal from the decision of the Commissioner to the Governor in Council and the Governor in Council may vary or confirm such decision. (2) The Governor in Council may revoke any licence issued under section 4 for any breach of any conditions thereof and every decision of the Governor in Council under this or the last preceding subsection shall be final and without appeal to any court. (3) Notice of the suspension or revocation of a licence shall be given to the licensee by writing signed by or on behalf of the Commissioner or the Governor in Council, as the case may be, and delivered at the principal premises specified in such licence to the person for the time being in charge of the business carried on at such premises or posted up in a conspicuous position on such premises. 6. The amount payable to the Commissioner °for every such licence shall be twenty-four dollars. 7. (1) There shall be raised, levied and collected on the total sum received on all bets made by way of pool betting Pool Betting. [Ch. 30. No. 21. a duty to be known as the pool betting duty, equal to ten per centum of the total sum so received and on the balance remaining after deduction from such total sum of the pool betting duty a tax equal to five per centum of such balance to be known as the pool betting tax. (2) Such duty and such tax shall be collected, at the discretion of the Commissioner, by payment to the Commis- sioner at such intervals and in accordance with returns to be rendered to him in such form, and upon giving such security in an amount and in a manner to be approved by the Commissioner. (3) The proceeds of such duty shall be credited to general revenue and the proceeds of such tax shall be distributed among such charities and in such amounts as the Governor in Council may determine. 8. All coupons and other printed or written forms to be issued to persons in respect of money or money’s worth paid or promised to be paid as bets shall be in such form as may be approved by the Commissioner. 9. All licensed persons shall— (a) keep such books, records and accounts in relation to the business as the Commissioner may direct, and, for at least six months or such longer or shorter period as the Commissioner may in any particular case direct, preserve on premises of which entry has been made as aforesaid, any books, records and accounts directed to be kept by him under this section, and any other books, records, accounts or documents relative to the business, and all coupons and other printed or written forms issued as aforesaid; (b) permit any person authorised in that behalf by the Commissioner to enter upon any premises used for the purposes of the business, and to inspect and take copies of any books, records, accounts or other docu- ments in his possession or power on any premises used for the purposes of the business, being books, records, accounts or documents which relate or appear to relate to the business; and any such person, and any other person employed, or having functions in connection with, any such business shall, 333 Form of coupons. Control of business, Inspection of records. 33+ Ch. 30. No. 21.] Pool Betting. if required so to do by the Commissioner or any person so authorised as aforesaid, produce at the office of the Commis- sioner, at the time appointed by him, or the person so authorised any such books, records, accounts and documents, and all coupons, and other printed or written forms issued as aforesaid relating to the business, make to the Commis sioner at the times specified, such returns relating to the busine. and give such other information relating to the busine. as may be required. 10. (1) Hf any person (a) shall carry on or be knowingly associated with any business to which the Ordinance applies and in respect of which no valid licence subsists; or (0) fails to pay any pool betting duty or pool betting tax payable by him, or (c) contravenes or fails to comply with any of the provisions of the last preceding section, or (@) obstructs the Commissioner or anyone authorised by him in the exercise of his functions im relation to the pool betting duty or pool betting tax, or (e) in connection with the pool betting duty or pool betting tax, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, or, with intent to deceive, produces or makes use of any book, account, record, return, coupon. or other document which is false in a material particular; or (f) is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion, by him or any other person of the pool betting duty or pool betting tax, he shall be lable on summary conviction to a fine of four hundred and eighty dollars. (2) Where a person is convicted of failing to pay any pool betting duty or pool betting tax under paragraph (5) of subsection (1) of this section, the Magistrate shall, in addition to any penalty he may impose under the said subsection, order the person so convicted to pay the duty or tax, and the sum so ordered to be paid shall be deemed a Pool Betting. [Ch. 30. No. 21. sum adjudged to be paid within the meaning of section 05 of the Summary Courts Ordinance. 11. (1) Summary proceedings in respect of an offence under this Ordinance may be taken at any time within six months from the date on which evidence comes to the knowledge of the Commissioner which is in his opinion sufficient to justify the making of a complaint: Provided that proceedings shall not be taken more than two years after the commission of the offence. (2) lor the purposes of this section, a certificate of the Commissioner as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof. 12. This Ordinance shall apply in relation to all bets wherever made, where the person to whom the persons making the bets look for the payment of their winnings resides in the Colony’ but nothing contained in_ this Ordinance shall apply to any lottery or sweepstake referred to in subsection (2) of section 16 of the Gambling Ordinance. 13. Nothing contained in this Ordinance shall render lawful any lottery which is declared by the Gambling Ordinance to be unlawful. 335 Time timit for procecd- ings in Summary court, Applic: of Ordinance Mlegality of lotteries. TRINIDAD ann TOBAGO. Revised Ordinances, 1950. CHAPTER 31. TRADE AND COMMERCE. 1. -COMPANIES., 2. -PARTNERSIIP. 3. REGISTRATION OF BUSINESS NAMES. 4.—MERCANTILE Laws. 5. BILLS OF EXCHANGE. 6. -BILLS OF LADING. 7.—CARRIAGE OF GOODS BY SEA. 8.—IBILLS OF SALE, 9.—SALE OF Goons. . 10. -AUCTIONEERS. . 11. -MONEYLENDERS. . 12. -PAWNBROKERS. . 13.--RURAL PEDLARS. . 14. -SHops (HouRS OF OPENING AND Em- PLOYMENT). . 15.—WEIGHTS AND MEASURES. . 16.—CopyRIGHT. . 17.—MERCHANDISE MARKS. . 18.—PATENTS, DESIGNS AND TRADE MARKS. . 19.— ASSURANCE COMPANIES. 22 CHAPTER 31. No. 1. COMPANIES. Crdinance. AN ORDINANCE TO) PROVIDE FOR) THE INCORPORATION, LIE. No, 1040, REGULATION, AND WINDING UP OF TRADING COMPANIES No.7 1950, AND OTHER ASSOCIATIONS. | ts¢ Mav, 1939, ] 1. This Ordinance may be cited as the Companies Ordinance. Interpretation, 2. (1) In this Ordinance- annual return means the return required to be made, in the case of a company having a share capital, under section 106, and, in the case of a company not having a share capital, under section 107 articles means the articles of association of a company, as originally framed or as altered by special resolution, imeluding, so far as they apply to the company, the regulations contained in Table A in the First Schedule to this Ordinance; book and paper’ and “ book or paper ”’ include accounts, deeds, writings, and documents; “ company ”’ means a company formed and registered under this Ordinance or an existing company ; existing company ’’ means a company formed and registered under any previous Ordinance providing for the incorporation regulation and winding up of trading companies and other associations ; “Court used in relation to a company means the Supreme Court; Com pante. {Ch. 31. No. 1. debenture — includes debenture stock, bonds and any other securities of a company whether constituting a charge on the assets of the company or not; director includes any person occupying the position of director by whatever name called; document —inchides summons, notice, order, and other legal process, and registers ; memorandum ”’ means the memorandum of associa- tion of a company, as originally framed or as altered in pursuance of this Ordinance; prospectus ”’ means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or purchase any shares or debentures of a company ; Registrar’? means the Registrar General appointed under the Registrar General Ordinance; rules = means rules made under this Ordinance, and includes forms; “share ’’ means share in the share capital of a com- pany, and includes stock except where a distinction between stock and shares is expressed or implied ; “Table A means Table A in the First Schedule to this Ordinance. (2) A person shall not be deemed to be within the meaning of any provision in this Ordinance a person in accordance with whose directions or instructions the directors of a company are accustomed to act, by reason only that the directors of the company act on advice given by him in a professional capacity. (3) Wherever in this Ordinance or in any rules made hereunder a copy of an order of the Court is required to be served on or delivered to the Registrar the copy so to be served or delivered shall be an office copy within the meaning of Order LXII. rule 4 of the Rules of the Supreme Court. 339 340 Ch. 31. No. 1.] Compante, PART I. INCORPORATION OF COMPANIES AND MATTERS PXNCIDENTAL THERETO, Memorandiunt of assoctatton, 3. (1) Any seven or more persons, or, where the company to be formed will be a private company, any two or more persons, associated for any luwful purpose may, by sub- seribing their names to a memorandum of association and otherwise complying with the requirements of this Ordinance In respect of registration, form an incorporated company, with or without limited lability (2) Such a company muy be either (a) a company having the lability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them (in this Ordinance termed — a company limited by shares’) or (6) a company having the liability of its members hmuted by the Memorandum to such amount as the members may respectively thereby undertake to con- tribute to the assets of the company in the event of its being wound up (in this Ordinance termed a company linnted by guarantee") | or (ce) a company not having any linit on the Hability ofits members (in this Ordinance termed an unlimited company ""), 4. (1) The memorandum of every company must state (a) the name of the company, with ‘ Limited — as the last word of the name in the case of a company lunited by shares or by guarantee ; (}) whether the registered office ef the company is to be situate in Trinidad or in Tobago; (c) the objects of the company. (2) The memorandum of a company limited by shares or by guarantee must also state that the liability of its members is limited. Companies [Ch. 31. No. 1. (3) The memorandum of a company limited by guaran- {ee must also state that each member undertakes to contribute to the assets of the company in the event of its being wound up while he is a member, or within one vear after he ceases to be a member, for payment of the debts and liabilities of the company contracted before he suses to be a member, and of the costs, charges, and ‘xpenses of winding up, and for adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding a specified amount. (#1) In the case of a company having a share capital (a) the memorandum must also, unless the company an unlimited company, state the amount of share capital with which the company proposes to be registered and the division thereof into shares of a fixed amount ; (6) no subseriber of the memorandum may take less than one share; (c) each subseriber must write opposite to his name the number of shares he takes. 5. The memorandum must bear the same stamp as if it were a deed, and must be signed by each subseriber in the presence of at Teast one witness who must attest the signature 6. A company may not alter the conditions contained in its memorandum except in the cases, in the mode and to the extent for which express provision is made in this Ordinance. 7. (1) Subject to the provisions of this section, a com- pany may, by special resolution, alter the provisions of its memorandum with respect to the objects of the company, so far as may be required to enable it (#) to carry on its business more economically or more efficiently; or (b) to attain its main purpose by new or improved means; or (c) to enlarge or change the local area of its opera- tions; or 34] Stamp and signature of memoran- dum. Restriction on alteration of memo- randum. Mode in which and extent to which objects of company may be altered, 34. 4 a“ Ch. 31. No. 1.] Companies. (7) to carry on some business which under existing circumstances may conveniently or advantageously be combined with the business of the company; or (ce) to restrict or abandon any of the objects specified in the memorandum; or (f) to sell or dispose of the whole or any part of the undertaking of the company; or (g) to amalgamate with any other company or body of persons. (2) The alteration shall not take effect until, and except in so far as, it is confirmed on petition by the Court. (3) Before confirming the alteration the Court must be satisfied (a) that sufficient notice has been given to every holder of debentures of the company, and to any person or class of persons whose interests will, in the opinion of the Court, be affected by the alteration; and (0) that, with respect to every creditor who in the opinion of the Court is entitled to object and who signifies his objection in manner directed by the Court, cither his consent to the alteration has been obtained or his debt or claim has been discharged or has deter- mined, or has been secured to the satisfaction of the Court Provided that the Court may, in the case of any person or class, for special reasons, dispense with the notice required by this seetion. (4) The Court may make an order confirming the alteration either wholly or in part, and on such terms and conditions as it thinks fit. (5) The Court, shall in exercising its discretion under this section, have regard to the rights and interests of the members of the company or of any class of them, as well as to the rights and interests of the creditors, and may, if it thinks fit, adjourn the proceedings in order that an arrange- ment may be made to the satisfaction of the Court for the purchase of the interests of dissentient members, and may give such directions and make such orders as it may think expedient for facilitating or carrying into effect any such arrangement : Companies. [Ch. 31. No. 1. Provided that no part of the capital of the company shall be expended in any such purchase. (0) A copy of the order confirming the alteration, together with a printed copy of the memorandum as altered, shall, within fifteen days from the date of the order, be delivered by the company to the Registrar, and he shall register the copy so delivered and shall certify the registra- tion under his hand, and the certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to the alteration and the confirmation thereof have heen complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company. The Court may by order at any time extend the time for the delivery of documents to the Registrar under this section for such period as the Court may think proper. (7) If a company makes default in delivering to the Kegistrar any document required by this section to be delivered to him, the company shall be liable to a fine of fifty dollars for every day during which the default continues. Articles of association. 8. There may in the case of a company limited by shares, and there shall m the case of a company limited by guaran- tee, unlimited or not for gain, be registered with the memorandum articles of association signed by the sub- seribers to the memorandum and prescribing regulations for the company. 9. (1) In the case of an unlimited company the articles, if the company has a share capital, must state the amount of share capital with which the company proposes to be registered. (2) In the case of an unlimited company or a company limited by guarantee, the articles, if the company has not a share capital, must state the number of members with which the company proposes to be registered. (3) Where a company not having a share capital has increased the number of its members beyond the registered number, it shall, within fifteen days after the increase was resolved on or took place, give to the Registrar notice of the increase, and the Registrar shall record the increase. 343 Articles pre- scribing regulations for com- panies. Regulations required in case of unlimited company or company limited by guarantec. 344 Ch. 31. No. 1.] Compantes. If default is made in complying with this subsection, the company and every officer of the company who is in default shall be Hable to a default fine, 10. (1) Articles of association may adopt all or any of the regulations contained in Table A. (2) In the case of a company limited by shares and registered after the commencement of this Ordinance, if articles are not registered, or, if articles are registered, in so far as the articles do not exclude or modify the regulations contained in Table A, those regulations shall, so far as applicable, be the regulations of the company in the same manner and to the same extent as if they were contained in duly registered articles. 11. Articles must (1) be printed, (2) be divided into paragraphs numbered con- secutively ; (3) bear the ‘ame stamp as if they were contained in a deed, (4) be signed by each subseriber of the memorandum of association in the presence of at least one witness who must attest the signature. 12. (1) Subject to the provisions of this Ordinance and to the conditions contained in its memorandum, a company may by special resolution alter or add to its articles. (2) Any alteration or addition so made in the articles shall, subject to the proyisions of this Ordinance, be as valid as if originally contained therein, and be subject in like manner to alteration by special resolution. Form of memorandum and articles. 13. The form of (1) the memorandum of association of a company limited by shares; Companies. [Ch. 31. No. 1. (2) the memorandum and articles of association of a company limited by guarantee and not having a share capital ; (3) the memorandum and articles of association of a company limited by guarantee and having a share capital ; (4) the memorandum and articles of association of an unlimited company having a share capital; shall be respectively in accordance + with the forms set out in Tables B, C, D and E in the First Schedule to this Ordinance, or as near thereto as circumstances admit. Registration. 14. The memorandum and the articles, if any, shall be delivered to the Registrar, and he shall retain and register them. 15. (1) On the registration of the memorandum of a company the Registrar shall certify under his hand that the ‘ompany is incorporated and, in the case of a limited company, that the company is limited. (2) Irom the date of incorporation mentioned in the certificate of incorporation, the subscribers of the memor- andum, together with such other persons as may from time to time become members of the company, shall be a body corporate by the name contained in the memorandum, capable forthwith of exercising all the functions of an meorporated company, and having perpetual succession and a common seal, but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up as is mentioned in this Ordinance. 16. (1) A company incorporated under this Ordinance shall have power to hold lands in any part of the Colony: Provided that a company formed for the purpose of promoting art, science, religion, charity or any other like object not involving the acquisition of gain by the company or by its individual members, shall not, without the licence of the Governor, hold more than two acres of land, but the 345 Registration of memo- randum i articles, Iffect of repistration. Power of company to hold lands. 346 Ch. 31. No. 1.] Companies. Governor may by licence empower any such company to hold lands in such quantity, and subject to such conditions, as the Governor thinks fit. 2) A licence given by the Governor under this section shall be in accordance with the form set out in the second Schedule to this Ordinance, or as near thereto as circumstances admit. 17. (1) A certificate of incorporation given by the Registrar in respeet of any association shall be conclusive evidence that all the requirements of this Ordinance in respect of registration and of matters precedent and incidental thereto have been complied with, and that the association is a company authorised to be registered and duly registered under this Ordinance. (2) A statutory declaration by a solicitor engaged in the formation of the company, or by a person named in the articles as a director or secretary of the company, of com- phance with all or any of the said requirements shall be produced to the Registrar, and the Registrar may accept such a declaration as sufficient evidence ‘of compliance. 18. (1) Subject to the provisions of this section, a company registered as unlimited may register under this Ordinance as limited, or a company already registered as limited company may re-register under this Ordinance, but the registration of an unlimited company as a limited company shall not affect the rights or liabilities of the company in respect of any debt or obligation incurred, or any contract entered into, by, to, with, or on behalf of the company before the registration, and those rights or liabilities may be enforced in manner provided by this Ordinance in the same manner in all respects as if no such change of registration had taken place. (2) On registration in pursuance of this section the Registrar shall close the former registration of the company, and may dispense with the delivery to him of copies of any documents with copies of which he was furnished on the oceasion of the original registration of the company, but, save as aforesaid, the registration shall take place in the same manner and shall have effect as if it were the first registration of the company under this Ordinance. Companies. {Ch. 31. No. 1. Prowsions with respect to names of compantes. 19. (1) No company shall be registered by a name which in the opinion of the Registrar is undesirable. (2) If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name is registered by a name which in the opinion of the Registrar too closely resembles the name by which a company in existence is previously registered, the first mentioned company may, with the sanction of the Registrar, change its name, and shall, if the Registrar so directs within six months of its being registered by that name, change its name within six weeks of the date of such direction or within such longer period as the Registrar may think fit to allow, (3) If a company makes default in complying with a direction under the last preceding subsection it shall be liable to a fine of twenty-five dollars for every day during which the default continues. 20. (1) Where it is proved to the satisfaction of the Governor that an association about to be formed as a limited company is to be formed for promoting commerce, art, science, religion, charity, or any other useful object, and intends to apply its profits, if any, or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the Governor may by licence direct that the association may be registered as a company with limited lability, without the addition of the word “ Limited ”’ to its name, and the association may be regis- tered accordingly. (2) A licence by the Governor under this section may be granted on such conditions and subject to such regula- tions as the Govemor thinks fit, and those conditions and regulations shall be binding on the association, and shall, if the Governor so directs, be inserted in the memorandum and articles, or in one of those documents. (3). The association shall on registration enjoy all the privileges of limited companies, and be subject to all their obligations, except those of using the word ‘‘ Limited” as any part of its name, and of publishing its name, and of sending lists of members to the Registrar. 347 Prohibition of registra- tion of companies by undesir- able names. Ord. 5. 1950. Power to dispense with * Limited” in name of charitable and other companies, Ch. 31. No. 1.] Compante, (+) A licence under this section may at any time be revoked by the Governor, and upon revocation the Registrar shall enter the word — Limited’ at the end of the name of the association upon the register, and the association shall ‘ase fo enjoy the exemptions and privileges granted by this section, Provided) that, before a licenee is so revoked, the Governor shall give to the association notice in writing of his intention, and shall afford the association an opportunity of being heard in opposition to the revocation. (5) Where the name of the association contains the words “ Chamber of Commerce,” the notice to be given as aforesaid shall include a statement of the effect of the provisions of subsection (3) of the next following section of this Ordinance. 21. (1) A company may, by special resolution and with the approval of the Registrar signified in writing, change its name. (2) Ifacompany through inadvertence or otherwise, is, Without such consent as is mentioned in subse :tion (2) of seetion 19, registered by a name which is identical with that by which a company in oxistence is pre- viously registered, or which so nearly resembles — that name as to be ealeulated to deceive, the first-mentioned company may change its name with the sanction of the Kegistrar. (3) Where a licence granted in pursuance of the last foregoing ction of this Ordinance to a company the name of which contains the words — Chamber of Commerce ”” is revoked, the company shall, within a period of six weeks trom the date of the revocation or such longer period as the Registrar may think fit to allow, change its name to a name Which does not contain those words. If company make. default in) complying with the requirements of this subsection, it shall be liable to a fine of two hundred and fifty dollars for every day during which the default continues, (4) Where a company changes its name, the Registrar shall enter the new name on the register in place of the Compante. [Ch. 31. No.1. former name, and shall issue a certificate of incorporation altered to meet the circumstances of the case. (5) The change of name shall not affeet any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or com- menced against it by its new name. General provistons with respect to memorandum and article. 22. (1) Subject to the provisions of this Ordinance, the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles. (2) All money payable by any member to the com- pany under the memorandum or articles shall be a debt due trom him to the company, and in the Colony be of the nature of a specialty debt. 23. (1) In the case of a company limited by guarantee and not having a share capital, and registered on or after the Ist of January, 1914, every provision in the memorandum or articles or in any resolution of the company purporting to give any person a right to participate in the divisible profits of the company otherwise than as a member shall be void. (2) For the purpose of the provisions of this Ordinance relating to the memorandum of a company limited by guarantee and of this section, every provision in the memorandum or articles, or in any resolution, of a company limited by guarantee and registered on or after the date aforesaid, purporting to divide the undertaking of the company into shares or interests shall be treated as a pro- vision for a share capital, notwithstanding that the nominal amount or number of the shares or interests is not specified thereby. 24. Notwithstanding anything in the memorandum or articles of a company, no member of the company shall be Leteet of memoran- dum and articles, Provision as to memo- randum and articles of companies limited by guarantee. Alterations in memo- randum or Ch. 31. No. 1.) Compante, bound by an alteration made in the memorandum or articles after the date on which he became a member, if and so far as the alteration requires him to take or subscribe for more shares than the number held by him at the date on which the alteration is made, or many way increases his lability as at that date to contribute to the share capital of, or otherwise to pay money to, the company: Provided that this section shall not apply in any case where the member agrees m writing, either before or after the alteration is made, to be bound thereby. 25. (1) A company shall, on being so required by any member, send to him a copy of the memorandum and of the article. if any, subject to payment of twenty-four cents or such less sum as the company may prescribe. (2) If a company makes default in complying with this section, the company and every officer of the company who is in default shall be lable for each offence to a fine of live dollars 26. (1) Where an alteration is made in the memorandum of a company, every copy of the memorandum. issued after the date of the alteration shall be in accordance with the alteration, (2) If, where any such alteration has been made, the company at any time after the date of the alteration issues any copies of the memorandum which are not in accordance with the alteration, it shall be liable to a fine of five dollars for each copy so issued, and every officer of the company who is in default shall be liable to the like penalty. Membership of company. 27. (1) The subscribers of the memorandum of a company shall be deemed to have agreed to become members of the ‘company, and on its registration shall be entered as members in its register of members. (2) Every other person who agrees to become a member of a company, and whose name is entered in its register of members, shall be a member of the company. Companies. {Ch. 31. No. 1. Private compantes, 28. (1) lor the purposes of this Ordinance, the expression private company” means a company which by its articles (a) restricts the right to transfer its shares; and (6) limits the number of its members to fifty, not including persons who are in the employment of the company and persons who, having been formerly in the employment of the company, were while in that employment, and have continued after the determina- tion of that employment to be, members of the com- pany; and (c) prohibits any invitation to the public to subscribe for any shares or debentures of the company. (2) Where two or more persons hold one or more shares Ina company jointly, they shall, for the purposes of this section, be treated as a single member. 29. (1) Ifa company, being a private company, alters its articles in such manner that they no longer include the provisions which, under the last foregoing section of this Ordinance, are required to be included in the articles of a company in order to constitute it a private company, the company shall, as on the date of the alteration, cease to bea private company and shall, within a period of fourteen days alter the said date, deliver to the Registrar for registration i. prospectus or a statement in licu of prospectus in the form and containing the particulars set out in the Third Schedule to this Ordinance. (2) If default is made in complying with subsection (1) of this section, the company and every officer of the com- pany who is in default shall be liable to a default fine of two hundred and fifty dollars. (3) Where the articles of a company include the provisions aforesaid but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies under the provisions contained in section 30, subsection (3) of section 108, subsection (1) of section 128 and paragraph (4) of section 161, and thereupon the said provisions shall apply to the company as if it were not a private company: 351 Meaning of * private company.” Cireum- stances in which a company ceases to be, or to enjoy privileges of, a private company. Prolubiiion of careviny on busitiess with tewer than seven or, an the case ofa private company two mtem- bers, Form of contracts, Ch. 31. No. 1.] Compante, Provided that the Court, on being satisfied that) the failure to comply with the conditions was accidental or due to inadvertence or to some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any other person interested and on such terms and conditions as seem to the Court just and expedient, order that the com- pany be relieved from such consequences as aforesaid. Reduction of number of members below legal minunum. 30. If at any time the number of members of a company is reduced, in the case of a private company, below two, or, in the case of any other company, below seven, and it carrie, on business for more than six months while the number is so reduced, every person who is a member of the company during the time that it so carries on business after those six months and is cognisant of the fact that it is carrying on business with fewer than two members, or severh members, as the case may be, shall be severally liable for the payment of the whole debts of the company contracted during that time, and may be severally sued therefor. Contracts, etc. 31. (1) Contracts on behalf of a company may be made as follows. (a) contract which if made between private persons would be by law required to be in writing, and if made according to the law of the Colony to be under seal, may be made on behalf of the company in writing under the common seal of the company ; (0) a contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under its authority, express or unplied, (c) a contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made Compante. |Ch. 31. No. 1. by parol on behalf of the company by any person acting under its authority, express or implied. (2) A contract made according to this section shall be effectual in law, and shall bind the company and its successors and all other parties thereto. (3) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made. 32. A bill of exchange or promissory note shall be deemed to have been made, accepted or indorsed on behalf of a company if made, accepted or indorsed in the name of, or by or on behalf or on account of, the company by any person acting under its authority. 33. (1) A company may, by writing under its common ‘aul, empower any person, cither generally or in respect of any specified matters, as its attorney, to execute deeds on its behalf in any place not situate in the Colony. (2) A deed signed by such an attorney on behalf of the company shall bind the company and have the same eflect as if it were under its common seal. 34. (1) A company whose objects require or comprise the transaction of business out of the Colony may, if authorised by its articles, have for use in any territory, district, or place not situate in the Colony, an official seal, which shall be a facsimile of the common seal of the company, with the addition on its face of the name of every territory, district, place where it is to be used. (2) A deed or other document to which an official ‘al is duly affixed shall bind the company as if it had been ‘aled with the common seal of the company. (3) A company having an official seal for use in any such territory, district or place may, by writing under its common seal, authorise any person appointed for the purpose in that territory, district or place, to affix the official seal to any deed or other document to which the company is party in that territory, district or place. T.—IV. 23 353 Bills of exchange and promis- sory notes. [execution of deeds out of the Colony, *ower for company to have official seal for use out of the Colony, Ch. 31. No. 1.] Companies. (4) The authority of any such agent shall, as between the company and any person dealing with the agent, continue during the period, if any, mentioned in the instru ment conferring the authority, or if no period is) there mentioned, then until notice of the revocation or deter mination of the agent’s authority ho been given te the person dealing with him. (5) The person allining any such official seal shall, by writing under tis hand, certify on the deed or other instru- ment to which the seal is afhxed, the date on which and the place at whieh wt aflined eludnentication of documents, 35. A document or proceeding requiring wuthentication by mpany nay be stgned by director, seeretary or other authorised offieer of the company and need not be under its cenmmeon seal, PARE W SHARE CAPITAL AND DEBEN PURE, Pros pes 36. (1) A prospectus issued by or on behalf of a company or in relation to an intended company shall b dated, and that date shall, unless the contrary is proved, be taken as the date of pubheation of the prospectus. (2) Vecopy of every such prospectus, signed by every person who is named (herein as oa director or proposed director of the company oor by lus agent authorised in writing, shall be delivered to the Registrar for registration on or before the date of its publication, and no such pros- peetus shall boo issued until a copy thereof has been delivered for registration, (3) The Registrar shall not register any prospectus unless it is dated, and the copy thereof signed, In manner required by this section, (4) Every prospectus shall state on the face of it that a copy has been delivered for registration as required by this section, Companies. |Gh. 31. No. 4. (5) If a prospectus is issued without a copy thereof being so delivered, the company, and every person who is knowingly a party to the issue of the prospectus, shall be liable to a fine of twenty-five dollars for every day from the date of the issue of the prospectus until a copy thereof is so delivered, 37. (1) Every prospectus issued by or on behalf of: company, or by or on behalf of any person who is or has been engaged or interested in the formation of the company, must state the matters specified in Part [of the Fourth Schedule to this Ordinance and set out the reports specified in Part Tl. of that Schedule, and the caid) Parts To and F. shall have effect subject: to the provisions contained: in Part TEL. of the said Schedule. (2) A condition requiring or binding an applicant for shares in-or debentures of a company to waive compliance with any requirement of this section, or purporting to affect him with notice of any contract, docume nt, or matter not specifically referred to in the prospe :tus, shall be void. (3) It shall not be lawful to issue any form of appli- cation for shares in or debentures of a company unless the form is issued with a prospectus which complies with the requirements of this section: Provided that this subse:tion shall not apply if it is shown that the form of application was issued cither (a) in connection with a bona fide invitation to a person to enter into an underwriting agreement with Tespect to the shares or debentures; or (6) in relation to shares or debentures which were not offered to the public If any person acts in contravention of the provisions of this subsection, he shall be liable to a fine of two thousand five hundred dollars, (4) In the event of non-compliance with or contra- vention of any of the requirements of this section, a director or other person responsible for the prospectus shall not incur any liability by reason of the non-compliance or contra- vention, if (a) as regards any matter not disclosed, he proves that he was not cognisant thereof, 23 (2) , Specific re- quirements as to par- ticulars in prospectus. 350 Restriction on alteration of terms menttoned in prospectus or statement wn hei oF prespecty. Ch. 31. No. 1.| Companies. (b) he proves that the non-compliance or contra- vention arose from an honest mistake of fact on his part, or (c) the non-comphance or contravention was in respect of matters which in the opinion of the Court dealing with the case were immaterial or was otherwise such as ought. in the opinion of that Court, having regard to all the circumstances of the case, reasonably to be excused: Provided that, in the event of failure to include in a prospectus a statement with respect to the matters specified in paragraph 15 of Part T. of the Fourth Schedule to this Ordinance, no director or other person shall incur any liability in respect of the failure unless it be proved that he had knowledge of the matters not disclosed. (5) This section shall not apply to the issue to existing members or debenture holders of a company of a prospectus er form of application relating to shares in or debentures of the company, whether an applicant tor shares or debentures will or will not have the right to renounce in favour of other persons, but subject as aforesaid, this section shall apply to prospectus or a form of application whether issued on or with reference to the formation of a company or subsequently (6) Nothing in this section shall limit or diminish any lability whic ‘h any person may incur under the general law or this Ordinance apart from this section, 38. (1) .\ company limited by share. or a company limited by guarantee and having a share capital shall not previously to the statutory mecting vary the terms of a contract referred to in the prospectus, or statement in lieu of prospectus, ‘xcept subject to the approval of the statutory meeting. (2) This section shall not apply to a private company 39. (1) Where a prospectus invites persons to subscribe for shares in or debentures of a company— (a) every person who is a director of the company at the tine of the issue of the prospectus, and Conmipante. [Ch. 31. No. 1. (b) every person who has authorised himself to be named and is named in the prospectus as a director or as having agreed to become a director either immediately or after an interval of time, and (c) every person being a promoter of the company, and (2) every person who has authorised the issue of the prospectus, shall be Hable to pay compensation to all persons who subseribe for any shares or debentures on the faith of the prospectus for the loss or damage they may have sustained by reason of any untrue statement therein, or in any report or memorandum appearing on the face thereof, or by reference incorporated therein or issued therewith, unless it iy proved (i) that having consented to become a director of the company he withdrew his consent before the issue of the prospectus, and that it was issued without his authority or consent, or (it) that the prospectus was issued without his knowledge or consent, and that on becoming aware of its issue he forthwith gave reasonable public notice that it was issued without his knowledge or consent; or (iu) that after the issue of the prospectus and before allotment thereunder, he, on becoming aware of any untrue statement there, withdrew his consent thereto, and gave reasonable public notice of the withdrawal, and of the reason therefor; or (iv) that— (a) as regards every untrue statement not pur- porting to be made on the authority of an expert or of a public official document or statement, he had reasonable ground to believe, and did up to the time of the allotment of the shares or debentures, as the case may be, believe, that the statement was true; and (b) as regards every untrue statement purporting to be a statement by an expert or contained in what purports to be a copy of or extract from a On 358 Ch. 31. No. 1.| Compante. report or valuation of an expert, it fairly repre- sented the statement, or was a correct and fair copy of or extract from the report or valuation; and (c) as regards every untrue statement purporting to be a statement made by an official person or contained in what purports to be a copy of or ‘xtract from a public official document, it was a correct: and: fair representation of the statement or copy of or extract from the document : Provided that a person shall be hable to pay compen- ‘ation as aforesaid if it is proved that he had no reasonable ground to believe that the person mi iking any such statement, report or valuation as is mentioned in paragraph (iv) (2) of this subsection was competent to make it. (2) Where the prospectus contains the name of person as a director of the company, or as having agreed to become director thereof, and he has not consented to become a director, or has withdrawn his consent before the issue of the prospectus, and has not authorised or consented to the issue thereof, the directors of the company, except any without whose knowledge or consent the prospectus was issued, and any other person who authorised the issue thereof, shall be liable to indemnify the person named as aforesaid against all damage. costs, and expenses to which he may he made liable by reason of lus name having been inserted in the prospectus, or in defending himself against any action or legal proceedings brought against him in respect thereof, (3) Every person who, by reason of lis being a director or named as a director or as having ag reed. to become a director, or of Jus having authorised the Issue of the prospectus, becomes Hable to make any payment under this section may recover contribution, as in cases of contract, from any other person who, if sued separately, would have been liable to make the same payment, unless the person who has become so lable was, and that other person was not, guilty of fraudulent misrepresentation. (4) Vor the purposes of this section promoter means a promoter who was a party to the preparation of the prospectus, or of the portion Companies. |Ch. 31. No. 1. thereof containing the untrue statement, but does not include any person by reason of his acting in a profes- sional capacity for persons engaged in procuring the formation of the company; ‘xpert includes engineer, valuer, accountant, and any other person whose profession gives authority to a statement made by him. 40. (1) Where a company allots or agrees to allot any shares in or debentures of the company | with a view to all or any of those shares or debentures being offered for sale to the public, any document by which the offer for sale to the public is made shall for all purposes be deemed to be a prospectus issued by the company, and all enactments and rules of law as to the contents of prospectuses and to liability in respect of statements in and omissions from prospectuses, or otherwise relating to prospectuses, shall apply and have effect accordingly, as if the shares or debentures had been offered to the public for subscription and as if persons accepting the offer in respect of any shares or debentures were subscribers for those shares or debentures, but without prejudic > to the liability, if any, of the persons by whom the olfer is made, in respect of mis-statements contained in the document or otherwise in respect thereof, (2) lor the purposes of this Ordinance, it shall, unless the contrary is proved, be evidence that an allotment of, or an agreement to allot, shares or debentures was made with a view to the shares or debentures being offered for sale to the public if it is shown (a) that an offer of the shares or debentures or of any of them for sale to the public was made within six months after the allotment or agreement to allot; or (b) that at the date when the offer was made the whole consideration to be received by the company in respect of the shares or debentures had not been so received. (3) Section 36 as applied by this section shall have effect as though the persons making the offer were persons named in a prospectus as directors of a company, and section 37 as applied by this section shall have effect as if it Document containiny olter of shares or debenture for sale to be deemed prospectus. 360 ‘yoldlation ot allotment unless minimum subseripti received, Ch. 31. No. 1.| Com pantie. required a prospectus to state in addition to the matters. required by that section to be stated in a prospectus (a) the net amount of the consideration receiy ed or to Le received by the company jn respect of the shares or debentures to which the offer relates, and (6) the place and time at which the contract under Which the said shares or debentures have been or are to L allotted may be inspected. (4) Where person making an offer to whieh this section relates is a cempany or a firm, it shall be sufficient if the document aforesaid is signed on behalf of the com pany or firm by two directors of the company or not less than half of the partners, as the case may be, and any such director or partner may sign by hi agent authorised in writing, Adlotite nt, 41. (1) No allotment shail Le made ofany share capital of a company oliered to the pubhic for subscription unless the amount stated in the prespectus as the minimum amount Which, in the opinien of the dircetors, must braised by the issu of share capil in order to provide for the matters specified wn paragraph Sam Part i. of the fourth Schedule to this Ordinance has Peen subsenked, and the sum payable ol appheation for the amount se stated has been paid te and recewed by the company Por the purpo. oof this subsection, a sum shall be deemed to have been paid to and received by the company Wachegt for that sum has been received in good faith by the company and the directors of the company have no reasen for suspecting that the cheque will not be paid. (2) The amount so stated in the prospectus shall be reckoned exciusively of any amount payable otherwise than in cash and is in this Ordinance referred to as | the minimum subscriptien, (3) The amount payable on application on each share shall not be less than five per cent. of the nominal amount of the share (4) Uf the conditions aforesaid have not been complied with on the expiration of forty days after the first issue of the prospectus, all money received from applicants for shares shall be forthwith repaid to them without interest, Companies. |Ch. 31. No. 1. and, if any such money is not so repaid within forty-eight days after the issue of the prospectus, the directors of the company shall be jointly and severally liable to repay that money with interest at the rate of six per cent. per annum from the expiration of the forty-eighth day: Provided that a director shall not be liable if he proves that the default in the repayment of the money was not due (o any misconduct or negligence on his part. (5) Any condition requiring or binding any applicant for shares to waive compliance with any requirement of this section shall be void. (0) This section, except subsection (3) thereof, shall not apply to any allotment of shares subsequent to the first allotment of shares offered to the public for subscription. 42. (1) A company having a share capital which does not issue a prospectus on or with reference to its formation, or which has issued such a prospectus but has not proceeded to allot any of the shares offered to the public for subserip- tion, shall not allot any of its shares or debentures unless at least three days before the first allotment of cither shares or debentures there has been delivered to the Registrar for revistration a statement in licu of prospectus, signed by every person who is named therein as a director or a proposed director of the company or by his agent authorised in writing, in the form and containing the particulars set out in the lifth Schedule to this Ordinance. (2) This section shall not apply to a private company. (3) Ifa company acts in contravention of this section the company and every director of the company who knowingly authorises or permits the contravention shall be lable to a fine of five hundred dollars. 43. (1) An allotment made by a company to an applicant in contravention of the provisions of the two last foregoing sections of this Ordinance, shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of the company and not later, or, in any case where the company is not required to hold a statutory meeting, or where the allotment is made after the holding of the statutory meeting, within one month after the date of 361 Prohibition of allotment in certain cases unle. statement in lieu of prospecltts delivered to Repistrar. Ettect o1 irregular allotment. 362 kKetarn as to adlotments Ch. 31. No. 1.] Companies. the allotment, and not later, and shall be so voidable not- withstanding that the company is in course of being wound up. (2) If any director of a company knowingly contra- venes, or permits or authorises the contravention of any of the provisions of the said sections with respect to allotment, he shall be liable to compensate the company and the allottee respectively for any loss, damages, or costs which the company or the allottee may have sustained or incurred thereby: Provided that proceedings to recover any such loss, damages, or costs shall not be commenced after the expira- tion of two vears from the date of the allotment. 44. (1) Whenever a company limited by shares or a company limited by guarantee and having a share capital makes any allotment of its shares, the company shall within one month thereafter deliver to the Registrar for registration— (a) areturn of the allotments, stating the number and nominal amount of the shares comprised in the allot- ment, the name., addresses, and descriptions of the alottee. and the amount, if anv paid or due and pavable on each share; and (b) in the case of shares allotted as fully or partly paid up otherwise than m cash, a contract in writing constituting the title of the allottee to the allotment together with any contract of sale, or for services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and a return stating the number and nominal amount of shares so allotted, the extent to which they are to be treated as paid up, and the consideration for which they have been allotted. (2) Where such a contract as above mentioned is not reduced to writing, the company shall within one month after the allotment deliver to the Registrar for registration the prescribed particulars of the contract stamped with the same stamp duty as would have been payable if the contract had been reduced to w riting, and those particulars shall be deemed to be an instrument within the meaning of the Stamp Companies. [|Ch. 31. No. 1. Duty Ordinance, and the Registrar may, as a condition of filing the particulars, require that the duty payable thereon be adjudicated under section 27 of that Ordinance. (3) If default is made in complying with this section, every director, manager, secretary, or other officer of the company, who is knowingly a party to the default, shall be liable to a fine of two hundred and fifty dollars for every day during which the default continues: Provided that, in case of default in delivering to the Registrar within one month after the allotment any docu- ment required to be delivered by this section, the company or any person liable for the default, may apply to the Court for relicf, and the Court, if satisfied that the omission to deliver the document was accidental or duc to inadvertence or that it is just and equitable to grant relief, may make an order extending the time for the delivery of the document for such period as the Court may think proper. Commissions and discounts. 45. (1) It shall be lawful for a company to pay a com- mission to any person in consideration of his subscribing or agreeing to subscribe, whether absolutely or conditionally, for any shares in the company, or procuring or agrecing to procure subscriptions, whether absolute or conditional, for any shares in the company if — (a) the payment of the commission is authorised by the articles; and (b) the commission paid or agreed to be paid does not exceed ten per cent. of the price at which the shares are issued or the amount or rate authorised by the articles, whichever is the less; and (c) the amount or rate per cent. of the commission paid or agrecd to be paid is — (i) in the case of shares offered to the public for subscription, disclosed in the prospectus; or (ii) in the case of shares not offered to the public for subscription, disclosed in the statement in lieu of prospectus, or in a statement in the prescribed form signed in like manner as a state- ment in lieu of prospectus and delivered before the payment of the commission to the Registrar for 363 Power to pay certain commissions, and prohibi- tion of payment of all other commissions, cliscounts, etc. 304 Ch. 31. No. 1.| Companies. Statement in balance sheet as to com- missions aud discounts, registration, and, where a circular or notice, not being a prospectus, inviting subscription for the shares is issued, also disclosed in that circular or notice; and (@) the number of shares which persons have agreed for a commission to subscribe absolutely is disclosed mo manner aforesaid. (2) S aforesaid, no company shall apply any of its shares or capital money either directly or indirectly In payment of any commission, discount, or allowance, to any person in consideration of his subseribing or agreeing to subseribe, whether absolutely or conditionally, for any shares in the co Mpany, er procuring or agreeing to procure sulseriptions, whether absolute or conditional, for any shares in the company whether the shares or money be so applied by being added to the purchase money of any property acquired by the company or to the contract price of anv work to be executed for the company, or the money be paid out of the nominal pureh = money or contract price or otherwise. (3) Nothing im this section shall affeet the power of any company to pay such brokerage as it has heretofore been dawtul for a company to pay. (4) A vendor te, promoter of, or other person who receives payment money or sharcs from, a company shall have and shall be deemed always to have had power to apply any part of the money or shares so received in payment of any ccnunission, the payment of which, if made directly by the company, would have been legal under this section. (5) HW default is made in complying with the pro- visions of this section relating to the delivery to the Registrar of the statement in the prescribed form, the company and every officer of the company who is in default shall be liable to a fine of one hundred and twenty dollars. 46. (1) Where a company has paid any sums by way of commission in respect of anv shares or debentures, or allowed any sums by way of discount in respect of any debenture. the total amount paid or allowed, or so much thereof as has not been written off, shall be stated Companies. [Ch. 31. No. 1. in every balance sheet of the company until the whole amount thereof has been written off. (2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine. 47. (1) Subject as provided in this section, it shall not be lawful for a company to give, whether directly or indirectly and whether by means of a loan, guarantee, the provision of security or otherwise, any financial assistance for the purpose of or in connection with a purchase made or to be made by any person of any shares in the company: Provided that nothing in this section shall be taken to prohibit (a) where the lending of money is part of the ordinary business of a company, the lending of money by the company in the ordinary course of its business; (b) the provision by a company, in accordance with any scheme for the time being in force, of money for the purchase by trustees of fully paid shares in the company to be held by or for the benefit of employce. of the company, including any director holding salaried employment or office in the company ; (c) the making by a company of loans to persons, other than directors, bona tide in the employment of the company with a view to enabling those persons to purchase fully-paid shares in the company to be held by themselves by way of beneficial ownership. (2) The aggregate amount of any outstanding loans made under the authority of provisos (6) and (c) to sub- section (1) of this section shall be shown as a separate item in every balance sheet of the company (3) Ifa company acts in contravention of this section, the company and every officer of the company who is in default shall be lable to a fine of five hundred dollars. Issue of redeemable preference shares and shares at discount. 48. (1) Subject to the provisions of this section, a com- pany limited by shares may, if so authorised by its articles 365 Prohibition of provision > of financial assistance by company for purchase of its own shares, Power to issue re- deemable preference » shares. 366 Ch. 31. No. 1.| Compante. issue preference shares which are, or at the option of the company are to be hable, to be redeemed Provided that (a) no such shares shall be redeemed except out of profits of the company which would otherwise be available for dividend or out of the proceeds of a fresh issue of shares made for the purposes of the redemption; (6) no such shares shall be redeemed unless they are fully paid, (c) where any such shares are redeemed otherwise than out of the proceeds of a fresh issue, there shall out of profits which would otherwise have been available for dividend be transferred to a reserve fund, to be called “the capital redemption reserve fund,”” a sum equal to the amount applied in redeeming the shares, and the provisions of this Ordinance relating to the reduction of the share capital of a company shall, except as provided in this section, apply as if the capital redemption reserve fund) were paid-up share capital of the company (4) where any such shares are redeemed out of the proceeds of a fresh issue, the premium, if any, payable on redemption, must have been provicled for out of the profits of the company before the shares are redeemed. (2) There shall be included in every balance sheet of a company which has issued redeemable preference shares a statement specifying what part of the issued capital of the company consists of such shares and the date on or before which those shares are, or are to be Hable, to be redeemed. If a company fails to comply with the provisions of this subseetion, the company and every officer of the com- pany who ts in default shall be liable to a fine of five hundred dollars. (3) Subject to the provisions of this section, the redemption of preference shares thereunder may be effected on such terms and in such manner as may be provided by the articles of the company (4) Where in pursuance of this section a company has redeemed or is about to redeem any preference shares, it shall have power to issue shares up to the nominal amount of the shares redeemed or to be redeemed as if those shares Companies. [Ch. 31. No. ft. had never been issued, and accordingly the share capital of the company shall not for the purposes of any enactments relating to stamp duty be deemed to be increased by the issue of shares in pursuance of this subsection: Provided that, where new shares are issued before the redemption of the old shares, the new shares shall not, so far as relates to stamp duty, be deemed to have been issued in pursuance of this subsection unless the old shares are redeemed within one month after the issue of the new shares. (5) Where new shares have been issued in pursuance of the last foregoing subsection, the capital redemption reserve fund may, notwithstanding anything in this section, be apphed by the c company, up to an amount equal to the nominal amount of the shares so issued, in paying up unissued shares of the company to be issued to members of the company as fully paid bonus shares. 49. (1) Subject as provided in this section, it shall be lawful for a company to issue at a discount shares in the company of a class already issued: Provided that (a) the issue of the shares at a discount must be uithorised by resolution passed in general meeting of the company and must be ‘anctioned by the Court ; (6) the resolution must specify the maximum rate of discount at which the shares are to be issued, (c) not less than one year must at the date of the issue have elapsed since the date on which the company was entitled to commence business: (d) the shares to be issued at a discount must be issued within one month after the date on which the issue ts sanctioned by the Court or within such extended time as the Court may allow. (2) Where a company has passed a resolution autho- rising the issue of shares at a discount, it may apply to the Court for an order sanctioning the issue, and on any such application the Court, if, having regard to all the circum- stanc:s of the case, it thinks proper so to do, may make an order sanctioning the issue on such terms and conditions as it thinks fit. 367 Power to issuc shares atadisconnt 368 Ch. 31. No. 1.| Companies. (3) Every prospectus relating to the issue of the shares and every balance sheet issued by the company subsequently to the issue of the shares must contain particulars of the discount allowed on the issue of the shares or of so much of that discount as has not been written off at the date of the issue of the document in question. If default is made in complying with this subsection, the company and every officer of the company who is in default shall be hable to a default fine. Miscellaneous provisions as lo share capital. 50. \ company if so authorised by its articles, may do any one or more of the following things > (1) make arrangements on the issue of shares for a difference between the shareholders in the amounts and times of payment of calls on their shares ; (2) accept from any member the whole or a part of the amount remaining unpaid on any shares held by him, although no part of that amount has been called up; (3) pay dividend in proportion to the amount paid up on each share where a larger amount is paid up on some shares than on others. 51. A limited company may by special resolution ceter- mine that any portion of its share capital which has not been already called up shall not be capable of being called up, *xcept in the event and for the purposes of the company being wound up, and thereupon that portion of its share capital shall not be capable of being called up except in the event and for the purposes aforesaid, 52. (1) A company limited by shares or a company limited by guarantee and having a share capital, if so authorised by its article., may alter the conditions of its memorandum as follow. that is to say, it may— (a4) increase ity share capital by new shares of such wmMnount as it thinks expedient; (b) consolidate and divide all er any of its share capital into shares of larger amount than its existing share. Companies. [Ch. 31. No. 1. (c) convert all or any of its paid-up shares into stock, and reconvert that stock into paid-up shares of any ) the date at which each person was entered in the register as a member; (c) the date at which any person ceased to be a member: Provided that, where the company has converted any of its shares into stock and given notice of the conversion to the Registrar, the register shall show the amount of stock held by each member instead of the amount of shares and the particulars relating to shares specified in paragraph (a) of this subsection. (2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine. 96. (1) Every company having more than fifty members shall, unless the register of members is in such a form as to constitute in itself an index, keep an index of the names of the members of the company and shall, within fourteen days after the date on which any alteration is made in the register of members make any necessary alteration in the index. (2) The index, which may be in the form of a card index, shall in respect of each member contain a sufficient indication to enable the account of that member in the register to be readily found. (3) If default is made in complying with this section, the company and every officer of the company who is in default shall be lable to a default fine. 97. (1) On the issue of a share warrant the company shall strike out of its register of members the name of the member then entered therein as holding the shares specified in the Compantes. [Ch. 31. No. 1. warrant as if he had ceased to be a member, and shall enter in the register the following particulars, namely— (a) the fact of the issue of the warrant; (b) astatement of the shares included in the warrant, distinguishing each share by its number; and (c) the date of the issue of the warrant. (2) The bearer of a share warrant shall, subject to the articles of the company, be entitled, on surrendering it for cancellation, to have his name entered as a member in the register of members. (3) The company shall be responsible for any loss incurred by any person by reason of the company entering in the register the name of a bearer of a share warrant in respect of the shares therein specified without the warrant being surrendered and cancelled. (4) Until the warrant is surrendered, the particulars specified in subsection (1) of this section shall be deemed to be the particulars required by this Ordinance to be entered in the register of members, and, on the surrender, the clate of the surrender must be entered. (5) Subject to the provisions of this Ordinance, the bearer of a share warrant may, if the articles of the company so provide, be deemed to be a member of the company within the meaning of this Ordinance, either to the full extent or for any purposes defined in the articles. 98. (1) The register of members, commencing from the date of the registration of the company, and the index of the names of members, shall be kept at the registered office of the company, and, except when the register is closed under the provisions of this Ordinance, shall during business hours (subject to such reasonable restrictions as the company in general meeting may impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member without charge and of any other person on payment of twenty-four cents, or such less sum as the company may prescribe, for each inspection. (2) Any member or other person may require a copy of the register, or of any part thereof, on payment of twelve cents, or such less sum as the company may prescribe, for 395 Inspection of register of members. 396 Ch. 31. No. 1.] Companies. Power to clc ze register. Power of Court to rectify register. every hundred words or fractional part thereof required to be copied. The company shall cause any copy so required by any person to be sent to that person within a period of ten days commencing on the day next after the day on which the requirement is received by the company. (3) If any inspection required under this section is refused or if any copy required under this section is not sent within the proper period, the company and every officer of the company who is in default shall be lable in respect of each offence to a fine of ten dollars, and further to a default fine of ten dollars. (4) In the case of any such refusal or default, the Court may by order compel an immediate inspection of the register and index or direct that the copies required shall be sent to the persons requiring them. 99. A company may, on giving notice by advertisement in a daily newspaper circulating in the Colony, close the register of members for any time or times not exceeding in the whole thirty days in each year. 100. (1) lfi— (a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or (b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member; the person aggrieved, or any member of the company, or the company, may apply to the Court for rectification of the register. (2) Where an application is made under this section, the Court may either refuse the application or may order rectification of the register and payment by the company of any damages sustained by any party aggrieved. (3) On an application under this section the Court may decide any question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members Companies. (Ch. 31. No. 1. or alleged members on the one hand and the company on the other hand, and generally may decide any question necessary or expedient to be decided for rectification of the register. (4) In the case of a company required by this Ordinance to send a list of its members to the Registrar, the Court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the Registrar. 101. No notice of any trust, expressed, implied, or con- structive, shall be entered on the register, or be receivable by the Registrar. 102. The register of members shall be prima facie evidence of any matters by this Ordinance directed or authorised to be inserted therein. Branch register. 103. (1) A company having a share capital whose objects comprise the transaction of business in the United Kingdom or in any Commonwealth country may cause to be kept in that part of the United Kingdom or in any such Commonwealth country in which it transacts business a branch register of members resident in such part (in this Ordinance called a “branch register ’’). (2) The company shall give to the Registrar notice of the situation of the office where any branch register is kept and of any change in its situation, and if it is discon- tinued of its discontinuance, and any such notice shall be given within fourteen days of the opening of the office or of the change or discontinuance, as the case may be. (3) If default is made in complying with sub- section (2) of this section, the company and every officer of the company who is in default shall be liable to a default fine. (4) For the purposes of the provisions of this Ordinance relating to branch registers, the term ‘‘ Common- wealth country ” includes such territories as may from time to time be vested in His Majesty and any plantation, 397 Trusts not to be entcred on register. Register to be evidence. Power for company to keep branch register. 398 Regulations as to branch register. Ch. 31. No. 1.] Companies. territory, or settlement situate therein, or in respect of which a mandate under the League of Nations has been accepted by His Majesty, and also includes British Protectorates and Protected States. 104. (1) (a) A branch register shall be deemed to be part of the company’s register of members (in this section called ‘‘ the principal register ’’). (6) It shall be kept in the same manner in which the principal register is by this Ordinance required to be kept, except that the advertisement before closing the register shall be inserted in a newspaper circulating in the district where the branch register is kept, and that anv competent court in the United Kingdom, or Commonwealth country where the register is kept may exercise the same jurisdiction of rectifying the register as is under this Ordinance exercisable by the Court. (c) The company shall transmit to its registered office a copy of every entry in its branch register as soon as may be after the entry is made, and shall cause to be kept at its registered office, duly entered up from time to time, a duplicate of its branch register. Every such duplicate shall, for all the purposes of this Ordinance, be deemed to be part of the principal register. (2) Subject to the provisions of this section with respect to the duplicate register, the shares registered in a branch register shall be distinguished from the shares registered in the principal register, and no transaction with respect to any shares registered in a branch register shall, during the continuance of that registration, be registered in any other register. (ec) A company may discontinue to keep a branch register, and thereupon all entries in that register shall be transferred to some other branch register kept by the company in the United Kingdom, or Commonwealth country or to the principal register. (f) Subject to the provisions of this Ordinance, any company may, by its articles, make such provisions as it may think fit respecting the keeping of branch registers. (g) If default is made in complying with para- graph (c) of this subsection, the company and every officer Companies. [Ch. 31. No. 1. 399 of the company who is in default shall be liable to a default fine. (2) An instrument of transfer of a share registered in a branch register shall be deemed to be a transfer of property situate out of the Colony, and, unless executed in this Colony, shall be exempt from stamp duty chargeable in the Colony. 105. If by virtue of the law in force in the United King- dom, or any Commonwealth country companies incorporated under that law have power to keep in the Colony branch registers of their members resident in the Colony, the Governor in Council may by order direct that sections 98 and 100 shall, subject to any modifications and adaptations specified in the order, apply to and in relation to any such branch registers kept in the Colony as they apply to and in relation to the registers of companies within the meaning of this Ordinance Annual returns. 106. (1) Every company having a share capital shall once at least in every year make a return containing a list of all persons who, on the fourteenth day after the first or only ordinary general meeting in the year, are members of the company, and of all persons who have ceased to be members since the date of the last return or, in the case of the first return, of the incorporation of the company. (2) The list must state the names, addresses, and occupations of all the past and present members therein mentioned, and the number of shares held by each of the existing members at the date of the return, specifying shares transferred since the date of the last return or, in the case of the first return, of the incorporation of the com- pany by persons who are still members and have ceased to be members respectively and the dates of registration of the transfers, and, if the names therein are not arranged in alphabetical order, must have annexed to it an index sufficient to enable the name of any person in the list to be readily found: Provided that, where the company has converted any of its shares into stock and given notice of the conversion to the Registrar, the list must state the amount of stock held Stamp duties in case of shares registered in branch registers. Provisions as to branch registers of British companies kept in the Colony. Annual return to be made by company having a share capital. 400 Ch. 31. No. 1.] Compantes. by each of the existing members instead of the amount of shares and the particulars relating to shares hereinbefore required. (3) The return must also state the address of the registered office of the company and must contain a sum- mary distinguishing between shares issued for cash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars— (a) the amount of the share capital of the company, wand the number of the shares into which it is divided; (2) the number of shares taken from the commence- ment of the company up to the date of the return; (¢) the amount called up on each share; (d) the total amount of calls received, (e) the total amount of calls unpaid, (f) the total amount of the sums, if any, paid by way of commission in respect of any shares or deben- tures ; (g) particulars of the discount allowed on the issue of any shares issued at a discount, or of so much of that discount as has not been written off at the date on which the return is made; (#) the total amount of the sums, if any, allowed by way of discount in respect of any debentures, since the date of the last return, (7) the total number of shares forfeited ; (k) the total amount of shares for which share warrants are outstanding at the date of the return; () the total amount of share warrants issued and surrendered respectively since the date of the last retum, (at) the number of shares comprised in each share warrant , (#7) all such particulars with respect to the persons who at the date of the return are the directors of the company as are by this Ordinance required to be contained with respect to directors in the register of the directors of a company ; (0) the total amount of the indebtedness of the com- pany in respect of all mortgages and charges which are: Companies. [Ch. 31. No. 1. required to be registered with the Registrar under this Ordinance. (4) The return shall be in accordance with the form set out in the Sixth Schedule to this Ordinance, or as near thereto as circumstances admit. (5) In the case of a company keeping a branch register, the particulars of the entries in that register shall, so far as they relate to matters which are required to be stated in the return, be included in the return made next after copies of those entries are received at the registered office of the company. 107. (1) Every company not having a share capital shall once at least in every calendar year make a return stating — (a) the address of the registered office of the company ; (0) all such particulars with respect to the persons who at the date of the return are the directors of the company as are by this Ordinance required to be contained with respect to directors in the register of directors of a company. (2) There shall be annexed to the return a statement containing particulars of the total amount of the indebted- ness of the company in respect of all mortgages and charges which are required to be registered with the Registrar under this Ordinance. 108. (1) The annual return must be contained in a separate part of the register of members, and must be completed within twenty-eight days after the first or only general meeting in the year, and the company must forth- with forward to the Registrar a copy signed by a director or by the manager or by the secretary of the company. (2) Section 98 shall apply to the annual return as it applies to the register of members. (3) Except where the company is a private company, the annual return shall include a written copy, certified by a director or the manager or secretary of the company to be a true copy, of the last balance sheet which has been audited by the company’s auditors, including every document required by law to be annexed thereto, together with a copy of the report of the auditors thereon certified as aforesaid, T.—IV, 26 401 Annual return to be made by company not having share capital. General provisions as to annual returns, 402 Certificate, to be sent by private company with annual return, Annual general mecting. Ch. 31. No. 1.] Companies. and if any such balance shect is in a foreign language there shall also be annexed to it a translation thereof in English, certified in the prescribed manner to be a correct transla- tion: Provided that, if the said balance sheet did not comply with the requirements of the law as in force at the date of the audit with respect to the form of balance sheets there shall be made such additions to and corrections in the said copy as would have been required to be made in the said balance sheet in order to make it comply with the said requirements, and the fact that the said copy has been so amended shall be stated thereon. (4) If a company fails to comply with this section or either of the two last foregoing sections of this Ordinance, the company and every officer of the company who is in default shall be liable to a default fine. (5) For the purposes of subsection (4) of this section, the expression ‘ officer,” and for the purposes of the last two foregoing sections of this Ordinance the expression director,” shall melude any person in accordance with whose directions or instructions the directors of the company are accustomed to act. 109. A private company shall send with the annual return required by section 106 a certificate signed by a director or the secretary of the company that the company has not, since the date of the last return, or, in the case of a first return, since the date of the incorporation of the com- pany, issued any invitation to the public to subscribe for any shares or debentures of the company, and, where the annual return discloses the fact that the number of members of the company ‘xcceds fifty, also a certificate so signed that the excess consists wholly of persons who under paragraph (b) of subsection (1) of section 28, are not to be included in reckoning the number of fifty. Meetings and proceedings. 110. (1) A general meeting of every company shall be held once at the least in every calendar year, and not more than fifteen months after the holding of the last preceding general meeting. Companies. [Ch. 31. No. 1. (2) If default is made in holding a meeting of the company in accordance with the provisions of this section, the company, and every director or manager of the company who is knowingly a party to the default shall be liable to a fine of two hundred and fifty dollars. (3) If default is made as aforesaid, the Court may, on the application of any member of the company, call, or direct the calling of, a general meeting of the company. 111. (1) Every company limited by shares and every company limited by guarantee and having a share capital shall, within a period of not less than one month nor more than three months from the date at which the company is entitled to commence business, hold a general mecting of the members of the company, which shall be called “ the statutory meeting.” (2) The directors shall, at least seven days before the day on which the mecting is held, forward a report (in this Ordinance referred to as “ the statutory report ’’) to every member of the company. (3) The statutory report shall be certified by not less than two directors of the company, or, where there are less than two directors, by the sole director and manager, and shall state — (a) the total number of shares allotted, distinguishing shares allotted as fully or partly paid up otherwise than in cash, and stating in the case of shares partly paid up the extent to which they are so paid up, and in either case the consideration for which they have been alotted ; (b) the total amount of cash received by the company in respect of all the shares allotted, distinguished as aforesaid; (c) an abstract of the receipts of the company and of the payments made thereout, up to a date within seven days of the date of the report, exhibiting under distinctive headings the receipts of the company from shares and debentures and other sources, the payments made thereout, and particulars concerning the balance remaining in hand, and an account or estimate of. the preliminary expenses of the company ; 26 (2) 403 Statutory meeting and statutory report. 404 Ch. 31. No. 1.] Compante.. (7) the names, addresses, and descriptions of the directors, auditors, if any, managers, if any, and secretary of the company’ and (e) the particulars of any contract, the modification of which is to be submitted to the meeting for its approval, together with the particulars of the modifi- cation or proposed modification. (4) The statutory report shall, so far as it relates to the shares allotted by the company, and to the cash received in respect of such shares, and to the receipts and payments of the company on capital account, be certified as correct by the auditors, if any, of the company. (5) The directors shall cause a copy of the statutory report, certified as required by this section, to be delivered to the Registrar for registration forthwith after the sending thereof to the members of the company. (0) The directors shall cause a list showing the names, descriptions, and addresses of the members of the company, and the number of shares held by them respectively, to be produced at the commencement of the meeting, and to remain open and accessible to any member of the company during the continuance of the meeting. (7) The members of the company present at the meeting shall be at liberty to discuss any matter relating to the formation of the company, or arising out of the statutory report, whether previous notice has been given or not, but no resolution of which notice has not been given in accordance with the articles may be passed. (8) The meeting may adjourn from time to time, and at any adjourned mecting any resolution of which notice has been given in accordance with the articles, either before or subsequently to the former meeting, may be passed, and the adjourned meeting shall have the same powers as an original meeting. (9) In the event of any default in complying with the provisions of this section every director of the company who is guilty of or who knowingly and wilfully authorises or permits the default shall be able to a fine of two hundred and fifty dollars. (10) This section shall not apply to a private com- pany Companies. [Ch. 31. No. 1. 112. (1) The directors of a company, notwithstanding anything in its articles, shall, on the requisition of members of the company holding at the date of the deposit of the requisition not less than one-tenth of such of the paid-up capital of the company as at the date of the deposit carries the right of voting at general meetings of the company, or, in the case of a company not having a share capital, members of the company representing not less than one-tenth of the total voting rights of all the members having at the said date aright to vote at gencral meetings of the company, forthwith proceed duly to convene an extraordinary general meeting of the company. (2) The requisition must state the objects of the meeting, and must be signed by the requisitionists and deposited at the registered office of the company, and may consist of several documents in like form, cach signed by one or more requisitionists. (3) If the directors do not within twenty-one days from the date of the deposit of the requisition proceed duly to convene a meeting, the requisitionists, or any of them representing more than one half of the total voting rights of all of them, may themselves convene a meeting, but any mecting so convened shall not be held after the expiration of three months from the said date. (4) A meeting convened under this section by the requisitionists shall be convened in the same manner, as nearly as possible, as that in which meetings are to be convened by directors. (5) Any reasonable expenses incurred by the requisi- tionists by reason of the failure of the directors duly to convene a meeting shall be repaid to the requisitionists by the company, and any sum so repaid shall be retained by the company out of any sums due or to become due {rom the company by way of fees or other remuneration in respect of their services to such of the directors as were in default. (6) For the purposes of this section, the directors shall, in the case of a meeting at which a resolution is to be proposed as a special resolution, be deemed not to have duly convened the meeting if they do not give such notice thereof as is required by section 115. 405 Convening of extra- ordinary gencral inceting on requisition. 406 Ch. 31. No. 1.] Companies. Provisions 113. (1) The following provisions shall have effect in so meetings far as the articles of the company do not make other B 5 and votes. == provision in that behalf— (a) a mecting of a company, other than a meeting for the passing of a special resolution, may be called by seven day.’ notice in writing; (b) notice of the meeting of a company shall be served on every member of the company in the manner in which notices are required to be served by Table A, and for the purpose of this paragraph the expression “Table A’ means that Table as for the time being in foree, (c) two or more members holding not Jess than one-tenth of the issued share capital or, if the company has not a share capital, not less than five per cent. in number of the members of the company may call a meeting; (7) in the case of a private company two members, and in the case of any other company three members personally present shall be a quorum; (ce) any member elected by the members present at a meeting may be chairman thercof; (f) in the case of a company originally having share capital, every member shall have one vote in respect of each share or each fifty dollars of stock held by him, and in any other case every member shall have: one vote. (2) Jf for any reason it is impracticable to call a mecting of a company in any manner in which mectings of that company may be called, or to conduct the meeting of the company in manner prescribed by the articles or this. Ordinance, the Court may, either of its own motion or on the application of any director of the company or of any member of the company who would be entitled to vote at the meeting, order a meeting of the company to be called, held and conducted in such manner as the Court thinks fit, and where any such order is made may give such ancillary or consequential directions as it thinks expedient, and any meeting called, held and conducted in accordance with any such order shall for all purposes be deemed to be a meeting of the company duly called, held and conducted. Companies. [Ch. 31. No. 1. 114. (1) A corporation, whether a company within the meaning of this Ordinance or not, may— (a) if it is a member of another corporation, being a company within the meaning of this Ordinance, by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the company or at any meeting of any class of members of the company; (b) if it is a creditor (including a holder of deben- tures) of another corporation, being a company within the meaning of this Ordinance, by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Ordinance or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be. (2) A person authorised as aforesaid shall be entitled to exercise the same powers on behalf of the corporation which he represents as that corporation could exercise if it were an individual shareholder, creditor, or holder of debentures, of that other company. 115. (1) A resolution shall be an extraordinary resolution when it has been passed by a majority of not less than three-fourths of such members as, being entitled so to do, vote in person or, where proxies are allowed, by proxv, at a gencral meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given. (2) A resolution shall be a special resolution when it has been passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than twenty-one days’ notice, specifying the intention to propose the resolution as a special resolution, has been duly given: Provided that, if all the members entitled to attend and vote at any such meeting so agrce, a resolution may be proposed and passed as a special resolution at a mecting of which less than twenty-one days’ notice has been given. (3) At any meeting at which an extraordinary resolution or a special resolution is submitted to be passed, a 407 Represen- tation of companies at meetings of other companies and of creditors. Drovisions as to extra- ordinary and special resolutions. 408 Registration and copics of certain resolutions and agree- ments. Ch. 31. No. 1.] Compantes. declaration of the chairman that the resolution is carried shall, unless a poll is demanded, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution. (1) At any meeting at which an extraordinary resolution or a special resolution is submitted to be passed a poll shall be taken to be effectively demanded, if demanded (a) by such number of members for the time being entitled under the article. to vote at the meeting as may be specified in the articles, so, however, that it shall not im any case be necessary for more than five members to make the demand, or (>) if no provision is made by the article. with respect to the right to demand the poll, by three mem- bers so entitled or by one member or two members so entitled, if that member holds or those two members together hold not less than fifteen per cent. of the paid up share capital of the company. (5) When a poll is demanded in accordance with this section, in computing the majority on the poll reference shall be had to the number of votes to which each member is entitled by virtue of this Ordinance or of the articles of the company (0) For the purposes of this section, notice of a meeting shall be deemed to be duly given and the mecting to be duly held when the notice is given and the meeting held in manner provided by this Ordinance or the articles. 116. (1) A printed copy of every resolution or agreement to which this section applies shall, within fifteen days after the passing or making thereof, be forwarded to the Regis- trar and recorded by him. (2) Where articles have been registered, a copy of every such resolution or agreement for the time being in force shall be embodied in or annexed to every copy of the article. issued after the passing of the resolution or the making of the agreement. (3) Where articles have not been registered, a printed copy of every such resolution or agreement shall be forwarded to any member at his request, on payment of Companies. [Ch. 31. No. 1. twenty-four cents or such less sum as the company may direct. (4) This section shall apply to (a) special resolutions; (0) extraordinary resolutions ; (c) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless, as the case may be, they had been passed as special resolutions or as extraordinary resolutions ; (2) resolutions or agreements which have been agreed to by all the members of some class of share- holders, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by some particular majority or otherwise in some particular manner, and all resolutions or agree- ments which effectively bind all the members of any class of shareholders though not agreed to by all those members; (¢) resolutions requiring a company to be wound up voluntarily, passed under paragraph (a) of subsection (1) of section 213. (5) If a company fails to comply with subsection (1) of this section, the company and every officer of the company who is in default shall be liable to a default fine of ten dollars. (6) Ifa company fails to comply with subsection (2) or subsection (3) of this section, the company and every officer of the company who is in default shall be liable to a fine of five dollars for cach copy in respect of which default is made. (7) For the purposes of the last two foregoing subsections, a liquidator of the company shall be deemed to be an officer of the company. 117. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of — (a) a company; (b) the holders of any class of shares in a company ; (c) the directors of a company; 409 Resolutions passed at adjourned mectings. 410 Minutes of proceedings of meetings and directors. Inspection of minute books. Ch. 31. No. 1.] Companies. the resolution shall for all purposes be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date. 118. (1) Every company shall cause minutes of all pro- ceedings of general meetings, and where there are directors or managers, of all proceedings at meetings of its directors or of its managers, to be entered in books kept for that purpose. (2) Any such minute if purporting to be signed by the chairman of the mecting at which the proceedings were had, or by the chairman of the next succeeding meeting, shall be evidence of the proceedings. (3) Where minutes have been made in accordance with the provisions of this section of the proceedings at any general meeting of the company or mecting of directors or managers, then, until the contrary is proved, the meeting shall be deemed to have been duly held and convened, and all proceedings had thereat to have been duly had, and all appointments of directors, managers, or liquidators, shall be deemed to be valid. 119. (1) The books containing the minutes of proceedings of any general meeting of a company held after the com- mencement of this Ordinance shall be kept at the registered office of the company, and shall during business hours (subject to such reasonable restrictions as the conrpany may by its articles or in general mecting impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member without charge. (2) Any member shall be entitled to be furnished within seven days after he has made a request in that behalf to the company with a copy of anv such minutes as aforesaid at a charge not exceeding twelve cents for every hundred words. (3) If any inspection required under this section is refused or if any copy required under this section is not sent within the proper time, the company and every officer of the company who is in default shall be liable in respect of each offence to a fine of ten dollars and further to a default fine of ten dollars. Companies. [Ch. 31. No. 1. (4) In the case of any such refusal or default, the Court may by order compel an immediate inspection of the books in respect of all proceedings of general meetings or direct that the copies required shall be sent to the persons requiring them. Accounts and audit. 120. (1) Every company shall cause to be kept proper books of account with respect to (a) all sums of money received and expended by the company and the matters in respect of which the receipt and expenditure takes place; (b) all sales and purchases of goods by the company ; (c) the assets and liabilities of the company. (2) The books of account shall be kept at the regis- tered office of the company or at such other place as the directors think fit, and shall at all times be open to inspection by the directors. (3) If any person being a director of a company fails to take all reasonable steps to secure compliance by the company with the requirements of this section, or has b his own wilful act been the cause of any default by the company thereunder, he shall, in respect of each offence, be liable on summary conviction to imprisonment for six months or to a fine of one thousand dollars: Provided that a person shall not be sentenced to im- prisonment for an offence under this section unless, in the opinion of the Court dealing with the case, the offence was committed wilfully. 121. (1) The directors of every company shall at some date not later than cightcen months after the incorporation of the company and subsequently once at least in every calendar year lay before the company in general meeting a profit and loss account or, in the case of a company not trading for profit, an income and expenditure account for the period, in the case of the first account, since the incor- poration of the company, and, in any other case, since the preceding account, made up to a date not earlier than the date of the meeting by more than nine months, or, in the 411 Keeping of books of account. Profit and loss account and balance sheet. 412 Contents of balance sheet. Ch. 31. No. 1.] Companies. case of a company carrying on business or having interests abroad, by more than twelve months: Provided that the Registrar, if for any special reason he thinks fit so to do, may, in the case of any company, ‘xtend the period of eighteen months aforesaid, and in the case of any company and with respect to any vear extend the periods of nine and twelve months aforesaid. (2) The directors shall cause to be made out in every calendar vear, and to be laid before the company in general meeting, a balance sheet as at the date to which the profit and loss account, or the income and expenditure account, as the case may be, is made up, and there shall be attached to every such balance sheet a report, by the directors with respect to the state of the company’s aflairs, the amount, if any which they recommend should be paid by way of dividend, and the amount, if any, which they propose to carry to the reserve fund, general reserve or reserve account shown specifically on the balance sheet, or to a reserve fund, general reserve or reserve account to be shown specifically on a subsequent balance sheet. (3) If any person being a director of a company fails to take all reasonable steps to comply with the provisions of this section, he shall, in respect of each offence, be liable on summary conviction to imprisonment for six months or toa fine of one thousand dollars: Provided that a person shall not be sentenced to im- prisonment for an offence under this section unless in the opinion of the Court dealing with the case, the offence was committed wilfully. 122. (1) Every balance sheet of a company shall contain a summary of the authorised share capital and of the issued share capital of the company, its liabilities and its assets, together with such particulars as are necessary to disclose the general nature of the liabilities and the assets of the company and to distinguish between the amounts respec- tively of the fixed assets and of the floating assets, and shall state how the values of the fixed assets have been arrived at. (2) There shall be stated under separate headings in the balance sheet, so far as they are not written off— (a) the preliminary expenses of the company; and interests ul reason company, ad in the r extend in every 1 general he profit account, attached ors with amount, way of opose to ‘account . reserve > shown any fails ‘isions of liable on sortoa { to im- is In the nee was contain ie issued S assets, disclose s of the , Tespec- nd shall ‘ived at. leadings f— ty; and Companies. [Ch. 31. No. 1. (b) any expenses incurred in connection with any issue of share capital or debentures; and (c) if it is shown as a separate item in or is otherwise ascertainable from the books of the company, or from any contract for the sale or purchase of any property to be acquired by the company, or from any documents in the possession of the company relating to the stamp duty payable in respect of any such contract or the conveyance of any such property, the amount of the goodwill and of any patents and trademarks as so shown or ascertained. (3) Where any liability of the company is secured otherwise than by operation of law on any assets of the company, the balance shect shall include a statement that that liability is so secured, but it shall not be necessary to specify in the balance sheet the assets on which the liability is secured. (4) The provisions of this section are in addition to other provisions of this Ordinance requiring other matters to be stated in balance sheets. 123. Where any of the assets of a company consist of shares in, or amounts owing (whether on account of a loan or otherwise) from a subsidiary company or subsidiary companies, the aggregate amount of those assets, distin- guishing shares and indebtedness, shall be set out in the balance sheet of the first-mentioned company separately from all its other assets, and where a company is indebted, whether on account of a loan or otherwise, to a subsidiary company or subsidiary companies, the aggregate amount of that indebtedness shall be set out in the balance sheet of that company separately from all its other liabilities. 124. (1) Where a company (in this section referred to as “the holding company ’’) holds shares either directly or through a nominee in a subsidiary company or in two or more subsidiary companies, there shall be annexed to the balance sheet of the holding company a statement, signed by the persons by whom in pursuance of section 127 the balance sheet is signed, stating how the profits and losses of the subsidiary company, or, where there are two or morc subsidiary companies, the aggregate profits and losses of 413 Assets con- sisting of shares in subsidiary companies to be set out separately in balance sheet. Balance sheet to include particulars as to sub- sidiary com- panies. 414 Ch. 31. No. 1.] Companies. those companies, have, so far as they concern the holding company, Leen dealt with in, or for the purposes of, the accounts of the holding company, and in particular how, and to what extent— (a) provision has been made for the losses of a subsidiary company either in the accounts of that company or of the holding company, or of both; and (b) losses of a subsidiary company have been taken into account by the directors of the holding company in arriving at the profits and losses of the holding company as disclosed in its accounts: Provided that it shall not be necessary to specify in any such statement the actual amount of the profits or losses of any subsidiary company, or the actual amount of any part of any such profits or losses which has been dealt with in any particular manner. (2) Hf in the case of a subsidiary company the auditors’ report on the balance sheet of the company does not state without qualification that the auditors have obtained all the information and explanations they have required and that the balance sheet 1s properly drawn up so as to exhibit a true and correct view of the state of the company’ affairs according to the Lest of their information and the explanations given to them and as shown by the books of the company, the statement which is to be annexed as aforesaid to the balance sheet of the holding company shall contain particulars of the manner in which the report is qualified. (3) For the purposes of this section, the profits or losses of a subsidiary company mean the profits or losses shown in any accounts of the subsidiary company made up to a date within the period to which the accounts of the holding company relate, or, 1f there are no such accounts of the subsidiary company available at the time when the accounts of the holding company are made up, the profits or losses shown in the last previous accounts of the subsidiary company which became available within that period. (+) If for any reason the directors of the holding company are unable to obtain such information as is necessary for the preparation of the statement aforesaid, the directors who sign the balance sheet shall so report in writing Companies. [Ch. 31. No. 1. 415 and their report shall be annexed to the balance sheet in lieu of the statement. 125. (1) Where the assets of a company consist in whole ear in part of shares in another company, whether held directly or through a nominee and whether that other company is a company within the meaning of this Ordinance or not, and— (a) the amount of the shares so held is at the time when the accounts of the holding company are made up more than fifty per cent. of the issued share capital of that other company or such as to entitle the company to more than fifty per cent. of the voting power in that other company; or (b) the company has power (not being power vested in it by virtue only of the provisions of a debenture trust deed or by virtue of shares issued to it for the purpose in pursuance of those provisions) directly or indirectly to appoint the majority of the directors of that other company, that other company shall be deemed to be a subsidiary company within the meaning of this Ordinance, and the expression “‘ subsidiary company ”’ in this Ordinance means a company in the case of which the conditions of this section are satisfied. (2) Where a company the ordinary business of which includes the lending of money holds shares in another company as security only, no account shall for the purpose of determining under this section whether that other company is a subsidiary company be taken of the shares so held. 126. (1) The accounts which in pursuance of this Ordi- nance are to be laid before every company in general meeting shall, subject to the provisions of this section, .contain particulars showing— (a) the amount of any loans which during the period to which the accounts relate have been made either by the company or by any other person under a guarantee from or on a security provided by the company to any Meaning of subsidiary company. Accounts to contain particulars as to loans to, and remunera- tion of, directors, etc. 416 Ch. 31. No. 1.] Companies. director or officer of the company, including any such Joans which were repaid during the said period; and (6) the amount of any loans made in manner afore- “ud to any director or officer at any time before the period aforesaid and outstanding at the expiration thereof; and (c) the total of the amount paid to the directors as remuneration for their services, inclusive of all fees, percentages, or other emeluments, paid to or receivable by them by or from the company ot by or from any subsidiary company. (2) The provisions of subsection (1) of this section with respeet to loans shall not apply: (a) in the case of a company the ordinary business of Which includes the Jending of money, to a loan made by the company in the ordinary course of its business ; or (6) toa loan made by the company to any employee of the company if the loan does not exceed ten thousand dollars and is certified by the directors of the company to have been made in accordance with any practice adopted or about to be adopted by the company with respect to loans to its emplovee. (3) The provisions of subsection (1) of this section with respect to the remuneration paid to directors shall not apply in relation to a managing director of the company, and in the case of any other director who holds any salaried employment or office in the company there shall not be required to be ineluded in the said total amount any sums paid to him except sums paid by way of directors’ fees. (+) If in the case of any such accounts as aforesaid the requirements of this section are not complied with, it shall be the duty of the auditors of the company by whom the accounts are examined to include in their report on the balance sheet of the company, so far as they are reasonably able to do so, a statement giving the required particulars. (5) In this section the expression emoluments includes fee., percentages and other payments made or consideration given, directly or indirectly, to a director as such, and the money value of any allowances or perquisites belonging to his office. Companies. [Ch. 31. No. 1. 127. (1) Every balance sheet of a company shall be signed on behalf of the board by two of the directors of the company, or, if there is only one director, by that director, and the auditors’ report shall be attached to the balance sheet, and the report shall be read before the company in general meeting, and shall be open to inspection by any member. (2) In the case of a banking company registered after the Ist of January, 1914, the balance sheet must be signed by the secretary or manager, if any, and where there are more than three directors of the company by at least three of those directors, and where there are not more than three directors by all the directors. (3) If any copy of a balance shect which has not been signed as required by this section is issued, circulated, or published, or if any copy of a balance sheet is issued, circulated, or published without having a copy of the auditors’ report attached thereto, the company, and every director, manager, secretary, or other officer of the company who is knowingly a party to the default, shall on conviction be liable to a fine of two hundred and fifty dollars. 128. (1) In the case of a company not being a private company— (a) a copy of every balance sheet, including every document required by law to be annexed thereto which is to be laid before the company in general meeting, together with a copy of the auditors’ report, shall, not less than seven days before the date of the meeting, be sent to all persons entitled to receive notices of general meetings of the company; (b) any member of the company, whether he is or is not entitled to have sent to him copies of the company’s balance sheets, and any holder of debentures of the company, shall be entitled to be furnished on demand without charge with a copy of the last balance sheet of the company, including every document required by law to be annexed thereto, together with a copy of the auditors’ report on the balance sheet. If default is made in complying with paragraph (a) of this subsection, the company and every officer of the company T.—IVv. 417 pigning of balance sheet. Right to receive copies of balance sheets and » auditors’ report. 418 Banking and certain other companies to publish periodical statement, Ch. 31. No. 1.] Companies. who is in default shall be liable to a fine of one hundred dollars, and if, where any person makes a demand for a document with which he is by virtue of paragraph (6) of this subsection entitled to be furnished, default is made in complying with the demand within seven days after the making thereof, the company and every director, manager, secretary or other officer of the company who is knowingly a party to the default shall be liable to a fine of twenty-five dollars for every day during which the default continues unless it is proved that that person has already made a demand for and been furnished with a copy of the document. (2) In the case of a company being a private com- pany, any member shall be entitled to be furnished, within seven days after he has made a request in that behalf to the company, with a copy of the balance sheet and auditors’ report at a charge not exceeding twelve cents for every hundred words. If default is made in furnishing such a copy to any member who demands it and tenders to the company the amount of the proper charge therefor, the company and every officer of the company who is in default shall be liable to a default fine. . 129. (1) Every company, being a limited banking com- pany or an insurance company or a deposit, provident, or benefit society, shall, before it commences business, and also on the first Monday in February and the first Tuesday in August in every year during which it carries on business, make a statement in the form set out in the Seventh Schedule to this Ordinance, or as near thereto as circum- stances admit. (2) A copy of the statement shall be put up in a conspicuous place in the registered office of the company, and in every branch office or place where the business of the company is carried on. (3) Every member and every creditor of the company shall be entitled to a copy of the statement, on payment of a sum not exceeding twelve cents. (4) If default is made in complying with this section the company and every director and manager of the company who knowingly and wilfully authorises or permits Companies. [Ch. 31. No. 1. the default shall be liable to a fine of twenty-five dollars for every day during which the default continues. (5) For the purposes of this Ordinance a company which carries on the business of insurance in common with any other business or businesses shall be deemed to be an insurance company. 130. (1) Every company shall at each annual gencral meeting appoint an auditor or auditors to hold office until the next annual general meeting. (2) If an appointment of auditors is not made at an annual general meeting, the Registrar may, on the applica- tion of any member of the company, appoint an auditor of the company for the current year. (3) A person, other than a retiring auditor, shall not be capable of being appointed auditor at an annual general mecting unless notice of an intention to nominate that person to the office of auditor has been given by a member to the company not less than fourtecn days before the annual general meeting, and the company shall send a copy of any such notice to the retiring auditor, and shall give notice thereof to the members, either by advertisement or in any other mode allowed by the articles, not less than seven days before the annual general meeting: Provided that if, after notice of the intention to nominate an auditor has been so given, an annual general meeting is called for a date fourteen days or less after the notice has been given, the notice, though not given within the time required by this subsection, shall be deemed to have been properly given for the purposes thereof, and the notice to be sent or given by the company may, instead of being sent or given within the time required by this sub- section, be sent or given at the same time as the notice of the annual general meeting. (4) Subject as hereinafter provided, the first auditors of the company may be appointed by the directors at any time before the first annual general meeting, and auditors so appointed shall hold office until that meeting: Provided that— (a) the company may at a general meeting of which notice has been served on the auditors in the same 27 (2) 419 Appoint- ment and remunera- tion of auditors. 420 Disqualifica tion for ap- pointment as auditor. Auditors’ Teport and auditors’ right of access to books and right to attend general meetings. Ch. 31. No. 1.] Compantes. manner as on members of the company remove any such auditors and appoint in their place any other persons being persons who have been nominated for appointment by any member of the company and of whose nomination notice has been given to the members of the company not less than seven days before the date of the meeting; and (b) if the directors fail to exercise their powers under this subsection, the company in general meeting may appoint the first auditors, and thereupon the said powers of the directors shall cease. (5) The directors may fill any casual vacancy in the office of auditor, but while any such vacancy continues the surviving or continuing auditor or auditors, if any, may act. (6) The remuneration of the auditors of a company shall be fixed by the company in general meeting, except that the remuneration of an auditor appointed before the first annual general mecting, or of an auditor appointed to fill a casual vacancy, may be fixed by the directors, and that the remuneration of an auditor appointed by the Registrar may be fixed by the Registrar. 131. None of the following persons shall be qualified for appointment as auditor of a company— (a) a director or officer of the company; (b) except where the company is a private company, a person who is a partner of or in the employment of an officer of the company ; (c) a body corporate. 132. (1) The auditors shall make a report to the members on the accounts examined by them, and on every balance sheet laid before the company in general meeting during their tenure of office, and the report shall state— (a2) whether or not they have obtained all the information and explanations they have required; and (6) whether, in their opinion, the balance sheet referred to in the report is properly drawn up so as to exhibit a true and correct view of the state of the Companies. (Ch. 31. No. 1. company’s affairs according to the best of their infor- mation and the explanations given to them, and as shown by the books of the company. (2) Every auditor of a company shall have a right of access at all times to the books and accounts and vouchers of the company, and shall be entitled to require from the directors and officers of the company such information and explanation as may be necessary for the performance of the duties of the auditors. (3) The auditors of a company shall be entitled to attend any general meeting of the company at which any accounts which have been examined or reported on by them are to be laid before the company and to make any state- ment or explanation they desire with respect to the accounts. Inspection. 133. (1) The Governor in Council may appoint one or more competent inspectors to investigate the affairs of a company and to report thereon in such manner as the Governor in Council direct — (2) in the case of a banking company having a share capital, on the application of members holding not less than one-third of the shares issued; (5) in the case of any other company having a share capital, on the application of members holding not less than one-tenth of the shares issued; (c) in the case of a company not having a share capital, on the application of not less than one-fifth in number of the persons on the company’s register of members. (2) The application shall be supported by such evidence as the Governor in Council may require for the purpose of showing that the applicants have good reason for, and are not actuated by malicious motives in, requiring the investigation, and the Governor in Council may, before appointing an inspector, require the applicants to give security, to an amount not exceeding five hundred dollars, for payment of the costs of the inquiry. (3) It shall be the duty of all officers and agents of 421 Investiga- tion of affairs of company. 422 Proceedings on report by inspectors. Ch. 31. No. 1.] Compantes. the company to produce to the inspectors all books and documents in their custody or power, (+) An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly. (5) Tf any officer or agent of the company refuses to produce to the inspectors any book or document which it is lus duty under this section so to produce, or refuses to answer any question which is put to him by the inspectors with respect to the affairs of the company, the inspectors may certify the refusal under their hand to the Court, and the Court may thereupon enquire into the case, and after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any state- ment which may be offered in defence, punish the offender in like manner as if he had been guilty of contempt of the Court. (6) On the conclusion of the investigation the inspectors shall report their opinion to the Governor in Council, and a copy of the report shall be forwarded by the Governor in Council to the registered office of the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them. The report shall be written or printed, as the Governor in Council direct. 134. If from any report made under the last foregoing section it appears to the Governor in Council that any person has been guilty of any offence in relation to the company for which he is criminally liable the matter may be referred to the Attorney General and if he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceedings in the prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of all officers and agents of the company, past and present (other than the defendant in the proceedings), to give to him all assistance in connection with the prosecution which they are reasonably able to give. lor the purposes of this section, the expression “‘ agents ”’ in relation to a company shall be deemed to include the Companies. [Ch. 31. No.1. bankers and solicitors of the company and any persons employed by the company as auditors, whether those persons are or are not officers of the company. 135. (1) A company may by special resolution appoint inspectors to investigate its affairs. (2) Inspectors so appointed shall have the same powers and duties as inspectors appointed by the Governor in Council except that, instead of reporting to the Governor in Council, they shall report in such manner and to such persons as the company in general meeting may direct. (3) If any officer or agent of the company refuses to produce to the inspectors any book or document which it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspectors with respect to the affairs of the company, he shall be liable to be proceeded against in the same manner as if the inspectors had been inspectors appointed by the Governor in Council. 136. A copy of the report of any inspectors appointed under this Ordinance, authenticated by the seal of the company whose affairs they have investigated, shall be admissible in any legal proceeding as evidence of the opinion of the inspectors in relation to any matter contained in the report. Directors and managers. 137. (1) Every company registered after the commence- ment of this Ordinance shall have at least two directors. (2) Thissection shall not apply toa private company. 138. (1) A person shall not be capable of being appointed director of a company by the articles, and shall not be named as a director or proposed director of a company in a prospectus issued by or on behalf of the company, or as proposed director of an intended company in a prospectus issued in relation to that intended company, or in a state- ment in lieu of prospectus delivered to the Registrar by or on behalf of a company, unless, before the registration of the articles or the publication of the prospectus, or the delivery 423 Power of company to appoint inspectors. Report of inspectors to be evidence. Number of directors. Restrictions on appoint- ment or advertise- ment of director. 424 Ch. 31. No. 1.] Companies. of the statement in lieu of prospectus, as the case may be, he has by himself or by his agent authorised in writing— (a) signed and delivered to the Registrar for regis- {ration a consent in writing to act as such director; and (b) cither— (1) signed the memorandum for a number of shares not less than his qualification, if any; or (11) taken from the company and paid or agreed to pay for his qualification shares, if any; or (ii) signed and delivered to the Registrar for registration an undertaking in writing to take from the company and pay for his qualification shares, if any; or (iv) made and delivered’ to the Registrar for registration a statutory declaration to the effect that a number of shares, not less than his qualifi- cation, if any, are registered in his name. (2) Where a person has signed and delivered as aforesaid an undertaking to take and pay for his qualification shares, he shall, as regards those shares, be in the same posi- tion as if he had signed the memorandum for that number of share- (3) On the application for registration of the memo- randum and articles of a company the applicant shall deliver to the Registrar a list of the persons who have consented to be directors of the company, and, if this list contains the name of any person who has not so consented, the applicant shall be liable to a fine of two hundred and fifty dollars. (4) This section shall not apply to— (a2) a company not having a share capital; or (4): a private company; or (c) a company which was a private company before becoming a public company; or (d) a prospectus issued by or on behalf of a company after the expiration of one year from the date on which the company was entitled to commence business. Companies. [Ch. 31. No. 1. 139. (1) Without prejudice to the restrictions imposed by the last foregoing section, it shall be the duty of every director who is by the articles of the company required to hold a specified share qualification, and who is not already qualified, to obtain his qualification within two months after his appointment, or such shorter time as may be fixed by the articles. (2) For the purpose of any provision in the articles requiring a director or manager to hold a specified share qualification, the bearer of a share warrant shall not be deemed to be the holder of the shares specified in the warrant. (3) The office of director of a company shall be vacated if the director does not within two months from the date of his appointment, or within such shorter time as may be fixed by the articles, obtain his qualification, or if after the expiration of the said period or shorter time he ceases at any time to hold his qualification. (4) A person vacating office under this section shall be incapable of being re-appointed director of the company until he has obtained his qualification. (5) If after the expiration of the said period or shorter time any unqualified person acts as a director of the company, he shall be liable to a fine of twenty-five dollars for every day between the expiration of the said period or shorter time or the day on which he ceased to be qualified, as the case may be, and the last day on which it is proved that he acted as a director. 140. (1) If any person being an undischarged bankrupt acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the Court, he shall be liable on conviction on indictment to imprisonment for two years, or on summary conviction to imprisonment for six months or to a fine of two thousand five hundred dollars, or to both such imprison- ment and fine: Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of a company, if he was at the commencement of this Ordinance acting as director of, or- 425 Qualification of director or manager. Provisions as to un- discharged bankrupts acting as directors. 426 Validity of acts of directors. Register of directors. Ch. 31. No. 1.] Compantes. taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date. (2) Leave of the Court for the purposes of this sec- tion shall not be given unless notice of intention to apply therefor has been served on the Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application. (3) In this section the expression ‘ company ”’ includes an unregistered company and a company incor- porated outside the Colony which has an established place of business within the Colony, and the expression “‘ Official Receiver "’ means the Official Receiver in bankruptcy. 141. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be dis- covered in his appointment or qualification. 142. (1) Every company shall keep at its registered office a register of its directors or managers containing with respect to each of them the following particulars, that is to say— (a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residential address, his nationality, and, if that nationality is not the nationality of origin, his nationality of origin, and his business occupation, if any, or, if he has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorships; and (b) in the case of a corporation, its corporate name and registered or principal office. (2) The company shall, within the periods res- pectively mentioned in this subsection, send to the Registrar, a return in the prescribed form containing the particulars specified in the said register and a notification in the prescribed form of any change among its directors or in any of the particulars contained in the register. Companies. (Ch. 31. No. 1. The period within which the said return is to be sent shall be a period of fourteen days from the appointment of the first directors of the company, and the period within which the said notification of a change is to be sent shall be fourteen days from the happening thereof. (3) The register to be kept under this section shall during business hours (subject to such reasonable restrictions as the company may by its articles or in general meeting impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member of the company without charge and of any other person on payment of twenty-four cents, or such less sum as the company may prescribe, for each inspection. (4) If any inspection required under this section is refused or if default is made in complying with subsection (1) or subsection (2) of this section, the company and every officer of the company who is in default shall be liable to a default fine. (5) In the case of any such refusal, the Court may by order compel an immediate inspection of the register. (6) For the purposes of this section, a person in accordance with whose directions or instructions the directors of a company are accustomed to act shall be deemed to be a director and officer of the company. 143. (1) Every company to which this section applies shall, in all trade catalogues, trade circulars, showcards, and business letters on or in which the company’s name appears and which are issued or sent by the company to any person in any Commonwealth country, state in Iegible characters with respect to every director being a corporation, the corporate name, and with respect to every director being an individual, the following particulars— (a) his present christian name, or the initials thereof, and present surname; (6) any former christian names and surnames; (c) his nationality, if not British; (d) his nationality of origin, if his nationality is not the nationality of origin: Provided that, if special circumstances exist which 427 Particulars with respect to directors in trade catalogues, circulars, etc. 428 Ch. 31. No. 1.] Companies. render it in the opinion of the Registrar expedient that such an exemption should be granted, the Registrar may by writing under his hand grant, subject to such conditions as may be specified therein, exemption from the obligations imposed by this subsection. (2) This section shall apply to— (a) every company registered under this Ordinance or any previous Ordinance; and (b) every company incorporated outside the Colony which has an established place of business within the Colony; and (c) every company licensed under the Moneylenders Ordinance whenever it was registered or whenever it established a place of business. (3) If a company makcs default in complying with this section, every director of the company shall be hable for each offence to a fine of twenty-five dollars, and, in the case of a director being a corporation, every director, secretary and officer of the corporation, who is knowingly a party to the default, shall be liable to a like penalty: Provided that no proceedings shall be instituted under this section except by, or with the consent of, the Attorney General. (4) For the purposes of this section— (a) director’”’ includes any person in accordance with whose directions or instructions the directors of the company are accustomed to act; (b) christian name ” includes a forename; (c) initials includes a recognised abbreviation of a christian name; (d) in. the case of a peer or person usually known by a title different from his surname, the expression ‘surname ”’ means that title; (e) references to a former christian name or surname do not include— (i) in the case of a peer or a person usually known by a British title different from his surname, the name by which he was known previous to the adoption of or succession to the title; or Companies. [Ch. 31. No. 1. (ii) in the case of natural born British subjects, a former christian name or surname where that name or surname was changed or disused before the person bearing the name attained the age of eighteen years; or (111) in the case of a married woman, the name or surname by which she was known previous to the marriage; (f) “ showcards ’’’ means cards containing or exhi- biting articles dealt with, or samples or representations thereof. 144. (1) Ina limited company the liability of the directors or managers, or of the managing director may, if so pro- vided by the memorandum, be unlimited. (2) In a limited company in which the liability of a director or manager is unlimited, the directors or managers of the company, if any, and the member who proposes a person for election or appointment to the office of director or manager, shall add to that proposal a statement that the liability of the person holding that office will be unlimited, and the promoters, directors, managers, and secretary, if any, of the company, or one of them, shall, before the person accepts the office or acts therein, give him notice in writing that his liability will be unlimited. (3) If any director, manager or proposer makes default in adding such a statement, or if any promoter, director, manager, or secretary makes default in giving such a notice, he shall be liable to a fine of five hundred dollars, and shall also be liable for any damage which the person so elected or appointed may sustain from the default, but the liability of the person elected or appointed shall not be affected by the default. 145. (1) A limited company, if so authorised by its articles, may, by special resolution, alter its memorandum so as to render unlimited the liability of its directors, or managers, or of any managing director. (2) Upon the passing of any such special resolution the provisions thereof shall be as valid as if they had been originally contained in the memorandum. 429 Limited company may have directors with un- limited liability. Special resolution of limited company making liability of directors unlimited. 430 Statement as to re- muneration of directors to be furnished to shareholders, Ch. 31. No. 1.] Companies. 146. (1) Subject as hereinafter provided, the directors of a company shall, on a demand in that behalf made to them in writing by members of the company entitled to not less than one-fourth of the aggregate number of votes to which all the members of the company are together entitled, furnish to all the members of the company within a period of one month from the receipt of the demand a statement, certified as correct, or with such qualifications as may be necessary, by the auditors of the company, showing as respects each of the last three preceding years in respect of which the accounts of the company have been made up the aggregate amount received in that year by way of remuneration or other emoluments by persons being directors of the company, whether as such directors or otherwise in connection with the management of the affairs of the company, and there shall, in respect of any such director who is— (a) a director of any other company which is in relation to the first-mentioned company a subsidiary company; or (b) by virtue of the nomination, whether direct or indirect, of the company a director of any other company ; be included in the said aggregate amount any remuneration or other emoluments received by him for his own use whether as a director of, or otherwise in connection with the management of the affairs of, that other company: Provided that— (i) a demand for a statement under this section shall be of no effect if the company within one month after the date on which the demand is made resolve that the statement shall not be furnished; and (ii) it shall be sufficient to state the total aggregate of all sums paid to or other emoluments received by all the directors in each year without specifying the amount received by any individual. (2) In computing for the purpose of this section the amount of any remuneration or emoluments received by any director, the amount actually received by him shall, if the company has paid on his behalf any sum by way of Companies. [Ch. 31. No. 1. income tax in respect of the remuneration or emoluments, be increased by the amount of the sum so paid. (3) If any director fails to comply with the require- ments of this section, he shall be liable to a fine of two hundred and fifty dollars. (4) In this section the expression ‘‘ emoluments ” includes fees, percentages and other payments made or consideration given, directly or indirectly, to a director as such, and the money value of any allowances or perquisites belonging to his office. 147. (1) Subject to the provisions of this section, it shall be the duty of a director of a company who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the company to declare the nature of his interest at a meeting of the directors of the company. (2) In the case of a proposed contract the declaration required by this section to be made by a director shall be made at the meeting of the directors at which the question of entering into the contract is first taken into consideration, or if the director was not at the date of that meeting interested in the proposed contract, at the next meeting of the directors held after he became so interested, and in a case where the director becomes interested in a contract after it is made, the said declaration shall be made at the first meeting of the directors held after the director becomes so interested. (3) For the purpose of this section, a general notice given to the directors of a company by a director to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made. (4) Any director who fails to comply with the provisions of this section shall be liable to a fine of five hundred dollars. (5) Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with the company. 431 Disclosure by directors of interest in contracts. 432 Provision as to payments Teceived by directors for loss of office or on retire- ment. Ch. 31. No. 1.] Companies. 148. (1) It is hereby declared that it is not lawful in connection with the transfer of the whole or any part of the undertaking or property of a company for any payment to be made to any director of the company by way of compensa- tion for loss of office, or as consideration for or in connec- tion with his retirement from office unless particulars with respect to the proposed payment, including the amount thereof, have been disclosed to the members of the company and the proposal approved by the company. (2) Where a payment which is hereby declared to be illegal is made to a director of the company, the amount received shall be deemed to have been received by him in trust for the company. (3) Where a payment is to be made as aforesaid to a director of a company in connection with the transfer to any persons, as a result of an offer made to the general body of shareholders, of all or any of the shares in the company, it shall be the duty of that director to take all reasonable steps to secure that particulars with respect to the proposed payment, including the amount thereof, shall be included in or sent with any notice of the offer made for their shares which is given to any shareholders. (4) If any such director fails to take reasonable steps as aforesaid, or if any person who has been properly required by any such director to include the said particulars in or send them with any such notice fails so to do, he shall be liable to a fine of one hundred and twenty dollars, and if the requirements of the last foregoing subsection are not complied with in relation to any such payment as is men- tioned in the said subsection, any sum received by the director on account of the payment shall be deemed to have been received by him in trust for any persons who have sold their shares as a result of the offer made. (5) If in connection with any such transfer as aforesaid the price to be paid to a director of the company whose office is to be abolished or who is to retire from office for any shares in the company held by him is in excess of the price which could at the time have been obtained by other holders of the like shares or any valuable consideration is given to any such director, the excess or the money value of the consideration, as the case may be, shall, for the Companies. [Ch. 31. No. 1. 433 purposes of this section, be deemed to have been a payment made to him by way of compensation for loss of office or as consideration for or in connection with his retirement from office. (6) Nothing in this section shall be taken to prejudice the operation of any rule of law requiring disclosure to be made with respect to any such payments as are mentioned in this section or with respect to any other like payments made or to be made to the directors of a company. 149. If in the case of any company provision is made by the articles or by any agreement entered into between any person and the company for empowering a director or manager of the company to assign his office as such to another person, any assignment of office made in pursuance of the said provision shall, notwithstanding anything to the contrary contained in the said provision, be of no effect unless and until it is approved by a special resolution of the company. Avoidance of provisions in articles or contracts relieving officers from liability. 150. Subject as hereinafter provided, any provision, whether contained in the articles of a company or in any contract with a company or otherwise, for exempting any director, manager or officer of the company, or any person (whether an officer of the company or not) employed by the company as auditor from, or indemnifying him against, any liability which by virtue of any rule of law would otherwise attach to him in respect of any negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the company shall be void: Provided that— (a) in relation to any such provision which is in force at the date of the commencement of this Ordi- nance, this section shall have effect only on the expira- tion of a period of six months from that date; and (5) nothing in this section shall operate to deprive any person of any exemption or right to be indemnified in respect of anything done or omitted to be done by him while any such provision was in force; and (c) notwithstanding anything in this section, a T.—IVv. 28 Provisions as to assign- ment of office by directors. Provisions as to liability of officers and auditors. 434 Power to compromise with creditors and member, Ch. 31. No. 1.] Companies. company may, in pursuance of any such provision as aforesaid, indemnify any such director, manager, officer or auditor against any hability incurred by him in defending any proceedings, whether civil or criminal, in Which judgment is given in his favour or in which he is acquitted or in connection with any application under section 319 in which relief is granted to him by the Court. Arrangements and reconstructions. 151. (1) Where a compromise or arrangement is proposed between a company and its creditors or any class of them, or between the company and its members or any class of them, the Court may, on the application in a summary way of the company or of any creditor or member of the company, or, in the case of a company being wound up, of the liquidator, order a meeting of the creditors or class of creditors, or of the members of the company or class of members, as the case may be, to be summoned in such manner as the Court direets. (2) If a majority in number representing three- fourths in value of the creditors or class of creditors, or members or class of members, as the case may be, present and voting cithcr in person or by proxy at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the Court, be binding on all the creditors or the class of creditors, or on the mem- bers or class of members, as the case may be, and also on the company or, in the case of a company in the course of being wound up, on the liquidator and contributories of the company. 3) An order made under subsection (2) of this section shall have no effect until a copy of the order has been dclivered to the Registrar for registration, and a copy of every such order shall be annexed to every copy of the mcmecrandum of the company issued after the order has been made, or, in the case of a company not having a mcmcrandum, of every copy so issued of the instrument constituting or defining the constitution of the company. (4) If a company makes default in complying with subsection (3) of this section, the company and every officer of the company who is in default shall be liable to a fine of five dollars for each copy in respect of which default is made. Compante, [Ch. 31. No. 1. (5) In this section the expression company means any company lable to be wound up under this Ordinance, and the expression “arrangement — includes a re-organisation of the share capital of the company by the consolidation of shares of different classes or by the division of shares into shares of different classes or by both those methods. 152. (1) Where an application is made to the Court under the last foregoing section of this Ordinance for the sanction- ing of a compromise or arrangement proposed between a company and any such persons as are mentioned in that section, and it is shown to the Court that the compromise or arrangement has been proposed for the purposes of or in connection wilh a scheme for the reconstruction of any company or companies or the amalgamation of any two or more companic. and that under the scheme the whole or any part of the undertaking or the property of any company concerned in the scheme (in this section referred to as “a transferor company ”’) is to be transferred to another com- pany (in this section referred to as “the transferee company ’’), the Court may, cither by the order sanctioning the compromise or arrangement or by any subsequent order, make provision for all or any of the following matters-— (a) the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of any transferor company; (6) the allotting or appropriation by the transferee company of any shares, debentures, policies, or other like interests in that company which under the com- promise or arrangement are to be allotted or appro- priated by that company to or for any person; (c) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company; (d) the dissolution, without winding up, of any transferor company; (e) the provision to be made for any persons, who within such time and in such manner as the Court direct, dissent from the compromise or arrangement ; 28 (2) 435 Provisions for facilita- ting recon- struction and amalgamia- tion of companies. 436 Ch. 31. No. 1.) Companies. Power to acquire shares of shareholders dissenting from scheme or contract approved by majority. (f) such incidental, consequential and supplemental matters as are necessary to secure that the recon- struction or amalgamation shall be fully and effectively carried out. (2) Where an order under this section provides for the transfer of property or liabilities, that property shall, by virtue of the order, be transferred to and vest in, and those abilities shall, by virtue of the order, be transferred to and become the liabilities of, the transferee company, and in the case of any property, if the order so directs, freed from any charge which is by virtue of the compromise or arrangement to cease to have effect. (3) Where an order is made under this section, every company in relation to which the order is made shall cause a copy thereof to be delivered to the Registrar for registration within seven days after the making of the order, and if default is made in complying with this subsection, the company and every officer of the company who is in default shall be liable to a default fine. (+) In this section the expression ‘ property ”’ includes property, rights and powers of every description, and the expression “‘ habilities ’’ includes duties. (5) Notwithstanding the provisions of subsection (5) of the last foregoing section, the expression “‘ company ”’ in this section does not include any company other than a company within the meaning of this Ordinance. 153. (1) Where a scheme or contract involving the trans- {cr of shares or any class of shares in a company (in this section referred to as “the transferor company ’”’) to another company, whether a company within the meaning of this Ordinance or not (in this section referred to as ‘‘ the transferee company ’’), has within four months after the making of the offer in that behalf by the transferee company been approved by the holders of not less than nine-tenths in value of the shares affected, the transferee company may, at any time within two months after the expiration of the said four months, give notice in the prescribed manner to any dissenting shareholder that it desires to acquire his shares, and where such a notice is given the transferee company shall, unless on an application made by the Companies. [Ch. 31. No. 1. dissenting shareholder within one month from the date on which the notice was given the Court thinks fit to order otherwise, be entitled and bound to acquire those shares on the terms on which under the scheme or contract the shares of the approving shareholders are to be transferred to the transferce company. (2) Where a notice has been given by the transferee company under this section and the Court has not, on an application made by the dissenting shareholder, ordered to the contrary, the transferee company shall, on the expiration of one month from the date on which the notice has been given, or, if an application to the Court by the dissenting shareholder is then pending, after that application has been disposed of, transmit a copy of the notice to the transferor company and pay or transfer to the transferor company the amount or other consideration representing the price payable by the transferee company for the shares which by virtue of this section that company is entitled to acquire, and the transferor company shall thereupon register the transferee company as the holder of those shares. (3) Any sums received by the transferor company under this section shall be paid into a separate bank account, and any such sums and any other consideration so received shall be held by that company on trust for the several persons entitled to the shares in respect of which the said sums or other consideration were respectively received. (4) In this section the expression “ dissenting shareholder ’’ includes a shareholder who has not assented to the scheme or contract and any shareholder who has failed or refused to transfer his shares to the transferee company in accordance with the scheme or contract. PART V. WINDING UP. (i) PRELIMINARY. Modes of winding up. 154. (1) The winding up of a company may be either— (a) by the Court; or (b) voluntary; or (c) subject to the supervision of the Court. 437 Modes of winding up. Liability . contribu- tories of present and past members. Ch. 31. No. 1.] Com panties. (2) The provisions of this Ordinance with respect to winding up apply, unle. the contrary appears, to the winding up of a company in any of those modes. Contributories. 155. (1) In the event of a company being wound up, every present and past member shall be liable to contribute to the assets of the company to an amount sufficient for payment of its debts and liabilitie. and the costs, charges, and expenses of the winding up, and for the adjustment of the rights of the contributories among themselve. subject to the provisions of subsection (2) of this section and the following qualifications-— (a) a past member shall not be lable to contribute if he has ceased to be a member for one year or upwards before the commencement of the winding up; (6) a past member shall not be liable to contribute in respect of any debt or liability of the company contracted after he ceased to be a member; (c) a past member shall not be Hable to contribute unless It appears to the Court that the existing members are unable to satisfy the contributions required to be made by them in pursuance of this Ordinance ; (¢7) in the case of —§ company limited by shares no contribution shall be required from) any member exceeding the amount, if any, unpaid on the shares in Tespect of which he is lable as a present or past member ; (c) in the case of a company limited by guarantee, no contribution shall, subject to the provisions of sub- section (3) of this section, be required from any member exceeding the amount undertaken to be contributed by him to the assets of the c company in the event of its being wound up; (f) nothing in this Ordinance shall invalidate any provision contained in any policy of insurance or other contract whereby the liability of individual members on the policy or contract is restricted, or whereby the funds of the cenipany are alone made liable in respect of the policy or contract ; Compantes. [Ch. 31. No. 1. 439 (g) a sum due to any member of a company, in his character of a member, by way of dividends, profits or otherwise, shall not be deemed to be a debt of the company, payable to that member in a case of compe- tition between himself and any other creditor not a member of the company, but any such sum may be taken into account for the purpose of the final adjust- ment of the rights of the contributories among themselves. (2) In the winding up of a limited company, any director or manager, whether past or present, whose liability is, under the provisions of this Ordinance, unlimited, shall, in addition to his liability (if any) to contribute as an ordinary member, be liable to make a further contribution as if he were at the commencement of the winding up a member of an unlimited company: Provided that— (a) a past director or manager shall not be liable to make such further contribution if he has ceased to hold office for a year or upwards before the commencement of the winding up; (b) a past director or manager shall not be liable to make such further contribution in respect of any debt or liability of the company contracted after he ceased to hold office; (c) subject to the articles of the company, a director or manager shall not be liable to make such further contribution unless the Court deems it necessary to require that contribution in order to satisfy the debts and liabilities of the company, and the costs, charges, and expenses of the winding up. (3) In the winding up of a company limited by guarantee which has a share capital, every member of the company shall be liable, in addition to the amount under- taken to be contributed by him to the assets of the company in the event ofits being wound up, to contribute to the extent of any sums unpaid on any shares held by him. 156. The term “ contributory ”’ means every person liable to contribute to the assets of a company in the event of its being wound up, and for the purposes of all proceedings for Definition of contributory 440 Ch. 31. No. 1.] Companies. Nature of liability of contributory. Contribu- tories in case of death of member. Contribu- tories in case of bank- ruptcy of member. Provision as to married women. determining, and all proceedings prior to the final deter- mination of, the persons who are to be deemed contribu- tories, includes any person alleged to be a contributory. 157. The liability of a contributory shall create a debt of the nature of a specialty accruing due from him at the time when his liability commenced, but payable at the times when calls are made for enforcing the liability. 158. (1) If a contributory dies either before or after he has been placed on the list of contributories, his personal representatives shall be liable in a due course of adminis- tration to contribute to the assets of the company in dis- charge of his liability and shall be contributories accordingly. (2) Where the personal representatives are placed on the list of contributories, the next of kin or devisees need not be added, but they may be added as and when the Court thinks fit. (3) If the personal representatives make default in paving any money ordered to be paid by them, proceedings may be taken for administering the estate of the deceased contributory, and for compelling payment thereout of the money due. 159. If a contributory becomes bankrupt, either before or after he has been placed on the list of contributories— (1) his trustee in bankruptcy shall represent him for all the purposes of the winding up, and shall be a con- tributory accordingly, and may be called on to admit to proof against the estate of the bankrupt, or otherwise to allow to be paid out of his assets in due course of law, anv money due from the bankrupt in respect of his hability to contribute to the assets of the company; and (2) there may be proved against the estate of the bankrupt the estimated value of his liability to future calls as well as calls already made. 160. The husband of a female contributory married before the date of the commencement of the Married Women’s Property Ordinance (namely, the Ist of January, 1885), shall, during the continuance of the marriage, be liable, as Compantes. [Ch. 31. No.1. 441 respects any liability attaching to any shares acquired by her before that date, to contribute to the assets of the company the same sum as she would have been liable to contribute if she had not married, and he shall be a con- tributory accordingly, and not otherwise. (11) WINDING UP BY THE COURT. Cases in which company may be wound up by Court. 161. A company may be wound up by the Court if— Circum- (1) the company has by special resolution resolved which com- that the company be wound up by the Court; fe wound up (2) default is made in delivering the statutory >Y @u™ report to the Registrar or in holding the statutory meeting ; (3) the company does not commence its business within a year from its incorporation, or suspends its business for a whole year; (4) the number of members is reduced, in the case of a private company, below two, or, in the case of any other company, below seven; (5) the company is unable to pay its debts; (6) the Court is of opinion that it is just and equitable that the company should be wound up. 162. A company shall be deemed to be unable to pay its Definition of debts— pay debts. (1} if a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding two hundred and forty dollars then due, has served on the company, by leaving it at the registered office of the company, a demand under his hand requiring the company to pay the sum so due, and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor: or (2) if execution or other process issued on a judg- ment, decree or order of the Court in favour of a creditor of the company is returned unsatisfied in whole or in part; or 442 Provisions as to Ch. 31. No. 1.] Companies. (3) if it is proved to the satisfaction of the Court that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the Court shall take into account the contingent and prospective liabilities of the company. Petition for winding up and effects thereof. 163. (1) An application to the Court for the winding up applications Of a company shall be by petition, presented subject to the up. Provided that for winding = provisions of this section either by the company, or by any creditor or creditors (including any contingent or prospective creditor or creditors), contributory or contributories, or by all or any of those partie. together or separately: (a) a contributory shall not be entitled to present a winding up petition unless— (i) either the number of members is reduced, in the case of a private company, below two, or, in the case of any other company, below seven; or (ii) the shares in respect of which he is a con- tributory, or some of them, either were originally allotted to him or have been held by him, and registered in his name, for at Icast six months during the eighteen months before the com- mencement of the winding up, or have devolved on him through the death of a former holder; and (6) a winding up petition shall not, if the ground of the petition is default in delivering the statutory report to the Registrar or in holding the statutory meeting, be presented by any person except a share- holder, nor before the expiration of fourteen days after the last dav on which the meeting ought to have been held; and (c) the Court shall not give a hearing to a winding up petition presented by a contingent or prospective creditor until such security for costs has been given as the Court think: reasonable and until a prima facie case for winding up has been established to the satis- faction of the Court. Companies. [Ch. 31. No. 1. (2) Where a company is being wound up voluntarily or subject to supervision, a winding up petition may be presented by the Official Receiver as well as by any other person authorised in that behalf under the other provisions of this section, but the Court shall not make a winding up order on the petition unless it is satisfied that the voluntary winding up or winding up subject to supervision cannot be continued with due regard to the interests of the creditors or contributories. (3) Where under the provisions of this Part of this Ordinance any person as being the husband of a female contributory is himself a contributory, and a share has during the whole or any part of the six months mentioned in proviso (a) (ii) to subsection (1) of this section been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the husband, the share shall, for the purposes of this section, be deemed to have been held bv and registered in the name of the husband. 164. (1) On hearing a winding up petition the Court may dismiss it, or adjourn the hearing conditionally or uncon- ditionally or make any interim order, or any other order that it thinks fit, but the Court shall not refuse to make a winding up order on the ground only that the assets of the company have been mortgaged to an amount equal to or in excess of those assets, or that the company has no assets, (2) Where the petition is presented on the ground of default in delivering the statutory report to the Registrar or in holding the statutory meeting, the Court may— (a) instead of making a winding up order, direct that the statutory report shall be delivered or that a meeting shall be held; and (b) order the costs to be paid by any persons who, in the opinion of the Court, are responsible for the default. 165. At any time after the presentation of a winding up petition, and before a winding up order has been made, the company, or any creditor or contributory, may, where any action or proceeding is pending against the company, apply to the Court to restrain further proceedings in the action or 443 Powers of Court on hearing petition. Power to stay or restrain proceedings against company. 444 Avoidance of disposi- tions of property, etc., after commencc- ment of winding up. Avoidance of attach- ments, etc. Commence- ment of winding up by the Court. Copy of order to be forwarded to Registrar. Actions stayed on winding up order. Ch. 31. No. 1.) Companies. proceeding, and the Court may stay or restrain the pro- ceedings accordingly on such terms as it thinks fit. 166. In a winding up by the Court, any disposition of the property of the company, including things in action, and any transfer of shares, or alteration in the status of the members of the company, made after the commencement of the winding up, shall, unless the Court otherwise orders, be void. 167. Where any company is being wound up by the Court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents. Commencement of winding up. 168. (1) Where before the presentation of a petition for the winding up of a company by the Court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the Court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken. (2) In any other case, the winding up of a company by the Court shall be deemed to commence at the time of the presentation of the petition for the winding up. Consequences of winding up order. 169. On the making of a winding up order, a copy of the order must forthwith be forwarded by the company, or otherwise as may be prescribed, to the Registrar, who shall make a minute thereof in his books relating to the company. 170. When a winding up order has been made, or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company except by leave of the Court, and subject to such terms as the Court may impose. Companies. [Ch. 31. No. 1. 171. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory. Official Receiver. 172. For the purposes of this Ordinance, the term Official Receiver ’’ means the Official Receiver attached to the Court for bankruptcy purposes, and includes any Assistant Official Receiver. 173. (1) Where the Court has made a winding up order or appointed a provisional liquidator, there shall, unless the Court thinks fit to order otherwise and so orders, be made out and submitted to the Official Receiver a statement as to the affairs of the company in the prescribed form, verified by affidavit, and showing the particulars of its assets, debts, and liabilities, the names, residences, and occupations of its creditors, the securities held by them respectively, the dates when the securities were respectively given, and such further or other information as may be prescribed or as the Official Receiver may require. (2) The statement shall be submitted and verified by one or more of the persons who are at the relevant date the directors and by the person who is at that date the secretary or other chief officer of the company, or by such of the persons hereinafter in this subsection mentioned as the Official Receiver, subject to the direction of the Court, may require to submit and verify the statement, that is to say, persons— (a) who are or have been directors or officers of the company ; (6) who have taken part in the formation of the company at any time within one year before the relevant date; (c) who are in the employment of the company, or have been in the employment of the company within the said year, and are in the opinion of the Official Receiver capable of giving the information required; (d) who are or have been within the said year officers of or in the employment of a company, which is, 445 Effect of winding up order. Official Receiver in bankruptcy to be Official Receiver for winding up purposes. Statement of company’s affairs to be submitted to Official Receiver. 446 Report by Official Receiver. Ch. 31. No. 1.] Compantes. or within the said year was, an officer of the company to which the statement relates. (3) The statement shall be submitted within fourteen days from the relevant date, or within such extended time as the Official Receiver or the Court may for special reasons appoint. (4) Any person making or concurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the Official Receiver or provisional liquidator, as the case may be, out of the assets of the company, such costs and expenses incurred in and about the preparation and making of the statement and afidavit as the Official Receiver may consider reasonable, subject to an appeal to the Court. (5) If any person, without reasonable excuse, makes default in complying with the requirements of this section, he shall be Hable to a fine of fifty dollars for every day during which the default continue. (6) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled by himself or by his agent at all reasonable time., on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section, and to a copy thereof or extract therefrom. (7) Any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a contempt of Court and shall, on the application of the liquidator or of the Official Receiver, be punishable accordingly. (8) In this section the expression “ the relevant date means in a case where a provisional liquidator is appointed, the date of his appointment, and, in a case where no such appointment is made, the date of the winding up order. 174. (1) Ina case where a winding up order is made, the Official Receiver shall, as soon as practicable after receipt of the statement to be submitted under the last foregoing section, or, in a case where the Court orders that no state- ment shall be submitted, as soon as practicable after the date of the order, submit a preliminary report to the Court — (a) as to the amount of capital issued, subscribed, Compantes. [Ch. 31. No. 1. and paid up, and the estimated amount of assets and liabilities; and (b) if the company has failed, as to the causes of the failure; and (c) whether in his opinion further inquiry is desirable as to any matter relating to the promotion, formation, or failure of the company, or the conduct of the business thereof. (2) The Official Receiver may also, if he thinks fit, make a further report, or further reports, stating the manner in which the company was formed and whether in his opinion any fraud has been committed by any person in its promotion or formation, or by any director or other officer of the company in relation to the company since the forma- tion thereof, and any other matters which in his opinion it is desirable to bring to the notice of the Court. (3) If the Official Receiver states in any such further report as aforesaid that in his opinion a fraud has been committed as aforesaid, the Court shall have the further powers provided in sections 205 and 206. Liquidators. 175. I'or the purpose of conducting the proceedings in winding up a company and performing such duties in reference thereto as the Court may impose, the Court may appoint a liquidator or liquidators. 176. (1) Subject to the provisions of this section, the Court may appoint a liquidator provisionally at any time after the presentation of a winding up petition, and either the Official Receiver or any other fit person may be appointed. (2) Where a liquidator is provisionally appointed by the Court, the Court may limit and restrict his powers by the order appointing him. 177. The following provisions with respect to liquidators shall have effect on a winding up order being made— (1) the Official Receiver shall by virtue of his office become the provisional liquidator and shall continue 447 Power of Court to appoint liquidators. Appoint- ment and powers of provisional liquidator. Appoint- ment, style, etc., of liquidators. 448 Ch. 31. No. 1.] Compantes. to act as such until he or another person becomes liquidator and is capable of acting as such: (2) the Official Receiver shall summon separate mectings of the creditors and contributories of the company for the purpose of determining whether or not an application is to be made to the Court for appointing a liquidator in the place of the Official Receiver ; (3) the Court may make any appointment and order required to give effect to any such determination, and, if there is a difference between the determinations of the meetings of the creditors and contributories in respect of the matter aforesaid, the Court shall decide the difference and make such order thereon as the Court may think fit; (+) in a case where a liquidator is not appointed by the Court, the Official Receiver shall be the liquidator of the company; (5) the Official Receiver shall by virtue of his office be the liquidator during any vacancy; (6) a liquidator shall be described, where a person other than the Official Receiver is liquidator, by the style of “the liquidator,” and, where the Official Receiver is liquidator, by the style of “the Official Receiver and liquidator,” of the particular company in respect of which he is appointed, and not by his individual name. Provisions 178. Where in the winding up of a company by the where Person Court a person other than the Official Receiver is appointed Official liquidator, that person— Receiver is . oo. . appointed (1) shall not be capable of acting as liquidator until liquidator. he has notified his appointment to the Registrar and given security in the prescribed manner to the satis- faction of the Registrar of the Supreme Court ; (2) shall give the Official Receiver such information and such access to and facilities for inspecting the books and documents of the company, and generally such aid as may be requisite for enabling that officer to perform his duties under this Ordinance, Compantes. [Ch. 31. No. 1. 179. (1) A liquidator appointed by the Court may resign or, on cause shown, be removed by the Court. (2) Where a person other than the Official Receiver is appointed liquidator, he shall receive such salary or remuneration by way of percentage or otherwise as the Court may direct, and, if more such persons than one are appointed liquidators, their remuneration shall be distri- buted among them in such proportions as the Court directs. (3) A vacancy in the office of a liquidator appointed by the Court shall be filled by the Court. (4) If more than one liquidator is appointed by the Court, the Court shall declare whether any act by this Ordinance required or authorised to be done by the liquidator is to be done by all or any one or more of the persons appointed. (5) Subject to the provisions of section 263, the acts of a liquidator shall be valid notwithstanding any defects that may afterwards be discovered in his appointment or qualification. 180. Where a winding up order has been made or where a provisional liquidator has been appointed, the liquidator, or the provisional liquidator, as the case may be, shall tak2 into his custody, or under his control, all the property and things in action to which the company is or appears to be entitled. 181. Whcre a company is being wound up by the Court, the Court may on the application of the liquidator by order direct that all or any part of the property of whatsoever description belonging to the company or held by trustees on its behalf shall vest in the liquidator by his official name, and thereupon the property to which the order relates shall vest accordingly, and the liquidator may, after giving such indemnity, if any, as the Court may direct, bring or defend in his official name any action or other Iegal proceeding which relates to that property or which it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property. 182. (1) The liquidator in a winding up by the Court shall have power with the sanction cither of the Court or of the committee of inspection— (a2) to bring or defend any action or other legal T.—Iv. 29 449 General provisions as to liquidators. Custody ol company’s property. Vesting of property of company in liquidator. Powers of liquidator. 450 Ch. 31. No. 1.] Companies. proceeding in the name and on behalf of the company ; (b) to carry on the business of the company, so far as may be necessary for the beneficial winding up thereof, (c) to appoint a solicitor or other agent to assist him in the performance of his duties; (d) to pay any classes of creditors in full; (ec) to make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim, present or future, certain or contingent, ascertained or sounding only in damages against the company, or whereby the company may be rendered liable; (f) to compromise all calls and liabilities to calls, debts, and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, axcertained or sounding only in damages, subsisting r supposed to subsist between the company and a contributory, or alleged contributory, or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim, and give a complete discharge in respect thereof. (2) The liquidator in a winding up by the Court shall have power— (a) to scll the real and personal property and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels; (6) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when neces- sary, the company’s seal; (c) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the Compantes. [|Gh. 31. No. 1. bankrupt or insolvent, and ratcably with the other separate creditors; (d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the lability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company in the course of its business; (e) to raise on the security of the assets of the com- pany any money requisite; (f) to take out in his official name letters of adminis- tration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company, and in all such cases the money due shall, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself; (g) to appoint an agent to do any business which the liquidator is unable to do himself; (2) to do all such other things as may be necessary for winding up the affairs of the company and distributing its assets. (3) The exercise by the liquidator in a winding up by the Court of the powers conferred by this section shall be subject to the control of the Court, and any creditor or contributory may apply to the Court with respect to any exercise or proposed exercise of any of those powers. 183. (1) Subject to the provisions of this Ordinance, the liquidator of a company which is being wound up by the Court shall, in the administration of the assets of the com- pany and in the distribution thereof among its creditors, have regard to any directions that may be given by resolu- tion of the creditors or contributories at any general meeting, or by the committee of inspection, and any directions given by the creditors or contributories at any general meeting shall in case of conflict be deemed to override any directions given by the committee of inspection. (2) The liquidator may summon general meetings of 29 (2) 451 Exercise and contr: of liquida- tor’s powers. 452 Books to be kept by liquidator Payments of liquidator into bank Ch. 31. No. 1.| C ompante, the creditors or contributories for the purpose of ascer- taining their wishes, and it shall be his duty to summon meetings at such times as the creditors or contributories, by resolution, either at the meeting appointing the liquidator or otherwise, may direct, or whenever requested in writing to do so by one-tenth in value of the creditors or contti- butories as the case mav be. (3) The liquidator may apply to the Court in manner prescribed for directions in relation to any particular matter arising under the winding up. (+) Subject to the provisions of this Ordinance, the liquidator shall use his own discretion in the management of the estate and its distribution among the creditors. (5) If any person is aggrieved by any act or decision of the hquidator, that person may apply to the Court, and the Court may confirm, reverse, or modify the act or decision complained of, and make such order in the premises as it thinks just. 184. Every liquidator of a company which is being wound up by the Court shall keep, in manner prescribed, proper books in which he shall cause to be made entries or minutes of proceedings at meetings, and of such other matters as may be prescribed, and any creditor or contributory may, subject to the control of the Court, personally or by his agent inspect any such books, 185. (1) Every liquidator ot a company which is being wound up by the Court shall pay the money received by him into such bank as the Court may direct. (2) If any such liquidator at any time retains for more than ten days 2 sum exceeding two hundred and fifty dollars, or such other amount as the Court in any particular case authorises him to retain, then, unless he explains the retention to the satisfaction of the Court, he shall pay interest on the amount so retained in excess at the rate of twenty per cent. per annum, and shall be liable to disallowance of all or such part of his remuneration as the Court may think just, and to be removed from his office by the Court, and shall be liable to pay any expenses occasioned by reason of his default. Companies. {Ch. 31. No. 1. (3) A liquidator of a company which is being wound up by the Court shall not pay any sums received by him as liquidator into his private banking account. 186. (1) Every liquidator of a company which is being wound up by the Court shall, at such times as may be prescribed but not Icss than twice in cach year during his tenure of office, send to the Official Receiver an account of his receipts and payments as liquidator. (2) The account shall be in a prescribed form, shall be made in duplicate, and shall be veritied by an affidavit or a statutory declaration in the prescribed form. (3) The Official Receiver shall cause the account to be audited and for the purpose of the audit the liquidator shall furnish the Official Receiver with such vouchers and information as the Official Receiver may require, and the Official Receiver may at any time require the production of and inspect any books or accounts kept by the liquidator, (4) When the account has been audited, one copy thereof shall be filed and kept by the Official Receiver, and the other copy shall be delivered to the Court for filing, and each copy shall be open to the inspection of any creditor or of any person interested. (5) The Official Receiver shall cause the account when audited or a summary thereof to be printed, and shall send a printed copy of the account or summary by post to every creditor and contributory. 187. (1) The Official Receiver shall take cognisance of the conduct of liquidators of companies which are being wound up by the Court, and, if a liquidator does not faithfully perform his duties and duly observe all the requirements imposed on him by statute, rules, or otherwise with respect to the performance of his duties, or if any complaint is made to the Official Receiver by any creditor or contributory in regard thereto, the Official Receiver shall inquire into the matter, and take such action thereon as he may think expedient. (2) The Official Receiver may at any time require any liquidator of a company which is being wound up by the 453 —_— + Audit of lquidator's accounts, Control of Official Receiver over liquidators. 454 Reloase haidaters, Ch. 31. No. 1.| Compante, Court to answer any inquiry in relation to any winding up in Which he is engaged, and may, if the Official Receiver thinks fit, apply to the Court to examine him or any other person on oath concerning the winding up. (3) The Official Receiver may also direct an investi- gatien to be made of the books and vouchers of the liquidater, 188. (1) When the liquidator of a company which is being wound up by the Court has realised all the property of the company er so much thereof as can, in his opinion, be realised without needlessly protracting the liquidation, and has distributed a final dividend, if any, to the creditors, and adjusted the rights of the contributories among themselves, and made a final return, if any, to the contributories, oar has resigned, or has been removed from his office, the Official Receiver shall, on Ins application, cause a report of his accounts to be prepared, and, on his complying with all the requirements of the Official Receiver, shall take into consideration the report, and any objection which may be urged by any creditor or contributory, or person interested against the release of the liquidator, and shall either grant or withheld the release accordingly, subject nevertheless to an appeal to the Court. (2) Where the release of a bquidator is withheld, the Court may on the application of any creditor or contri- butory, or person interested, make such order as it thinks just, charging the liquidator with the consequences of any act er default which he may have done or made contrary to his duty (3) An order of the Official Receiver releasing the liquidator shall discharge him from all ability in respect of anv act done or default made by him in the administration of the affairs of the company, or otherwise in relation to his conduct as liquidator, but any such order may be revoked on preot that it was obtained by fraud or by suppression or concealment of anv material fact. (4) Where the liquidator has not previously resigned or been removed, his release shall operate as a removal of him from his office. Compante, [Ck. 3t. No. 1. Committees of (ns pection, 189. (1) When a winding up order has been made by the Court, it shall be the business of the separate meetings of creditors and contributories summoned for the purpose of determining whether or not an application should be made to the Court for appointing a liquidator in place of the Official Receiver, to determine further whether or not an application is to be made to the Court for the appointment of a committee of inspection to act with the liquidator and who are to be members of the committee if appointed, (2) The Court may make any appointment and order required to give effect to any such determination, and if there is a difference between the determinations of the meetings of the creditors and contributories in respect of the matters aforesaid the Court shall decide the difference and make such order thereon as the Court may think fit. 190. (1) A committee of inspection appointed in- pur- suance of this Ordinance shall consist of creditors and contributories of the company or persons holding general powers of attorney from = creditors or contributories in such proportions as may be agreed on by the meetings of creditors and contributories, or as, in case of difference, may be determined by the Court. (2) The committee shall meet at such times as they irom time to time appoint, and, failing such appointment, at least once a month, and the liquidator or any member of the committee may also call a meeting of the committee as and when he thinks necessary (3) The committee may act by a majority of their members present at a meeting, but shall not act unless a majority of the committee are present. (4) A member of the committee may resign by notice in writing signed by him and delivered to. the liquidator. (5) Ifa member of the committee becomes bankrupt, or compounds or arranges with his creditors, or is absent (rom five consecutive meetings of the committee without the leave of those members who together with himself represent the creditors or contributories, as the case may be. his office shall thereupon become vacant. 455 Meetings ot creditors and contribu tories to determine whether committer of inspection shall be appointed Constituties and pro- ceedings ot committee of Inspection 456 Powers o Court where no comnut tee of INSpection Power ta stav winding up. settlement of list of contribn- torie. and application of assets. Ch. 31. No. 1.| Com pante. (6) A member of the committee may be removed by an ordinary resolution at a meeting of creditors, if he represents creditors, or of contributories, if he represents contributorie. , of which seven days’ notice has been given, stating the object of the meeting. (7) On a vacancy occurring in the committee the liquidator shall forthwith summon a meeting of creditors or of contributorie. as the case may require, to fill the vacancy and the meeting may, by resolution, re-appoint the same or appoint another creditor or contributory to fill the acaney (8) The continuing members of the committee, i not less than two, may act notwithstanding any vacancy in the committee 191. Where in the case ef a winding up there is ne committee of inspection, the Court may, on the appheation of the liquidator, do any act or thing or give any direction or permission which is by this Ordinance authorised or required to be done or given by the committee. General powers of Court in case of winding up by Cowt. 192. (1) The Court may at any time after an order for winding up, on the application either of the liquidator, or the Official Receiver, or any creditor or contributory, and on proof to the satisfaction of the Court that all proceedings in relation to the winding up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and conditions as the Court thinks hit. (2) On any application under this section the Court may, before making an order, require the Official Receiver to furnish to the Court a report with respect to any facts or matters which are in his opinion relevant to the appli- cation. 193. (1) As soon as may be after making a winding up order, the Court shall settle a list of contributories, with power to rectify the register of members in all cases where rectification is required in pursuance of this Ordinance, and Companies. |Ch. 31. No. 1. shall cause the assets of the company to be collected, and applied in discharge of its liabilities: Provided that, where it appears to the Court that it will not be necessary to make calls on or adjust the rights of contributorie. , the Court mi i dispense with the settlement of a list of contributoric. (2) In settling the list of contributories, the Court shall distinguish between persons who are contributories m their own right and persons who are contributories as being representatives of or liable for the debts of others. 194. The Court may, at any time after making a winding up order, require any contributory for the time being on the hist of contributorics, and any trustee, receiver, banker, agent or officer of the company to pay, de liver, convey, surrender, or transfer forthwith, or within such time as the Court directs, to the liquidator any moncy, property, or books and papers in his hands to which the company 1s prima facie entitled. 195. (1) The Court may, at any time after making a winding up order, make an order on any contributory for the time being on the list of contributories to pay, in manner directed by the order, any money due from him or from the estate of the person whom he represents to the company, ¢ exclusive of any money payable by him or the estate by virtue of any callin pursuance of this Ordinance. (2) The Court in making such an order may— (a) in the case of an unlimited company, allow to the contributory by way of set-off any money due to him or to the estate which he represents from the company on any independent dealing or contract with the company, but not any money duc to him as a member of the company in respect of any dividend or profit; and (o) in the case of a limited company, make to any director or manager whose liability is unlimited or to his estate the like allowance. (3) In the case of any company, whether limited or unlimited, when all the creditors are paid in full, any money due on any account whatever to a contributory from the Delivery of property to liquidator. layment of debts due by contributory to company and extent to which set - off allowed. 458 Masiien into bank of moneys due to cempany, Order on contributory conclusive evidence Appuint- ment of special manager, Ch. 31. No. 1.] Compantes. company may be allowed to him by ay of set-off against any subsequent call. 196. (1) The Court may, at any time after making a winding up order, and cither before or after it has ascertained the sufficiency of the assets of the company, make calls on all or any of the contributorics for the time being settled on the list of the contributories to the extent of their liability, for payment of any money which the Court considers necessary to satisfy the debts and labilities of the company, and the costs, charge. and expenses of winding up, and for the adjustment of the rights of the contributories among themselve and make an order for payment, of any calls so made. (2) In making a call the Court may take into con- sideration the probability that some of the contributories may partly or wholly fail to pay the call. 197. (1) The Court may order any contributory, pur- chaser or other person from whom money is duc to the company to pay the amount due into a bank to the account of the liquidator instead of to the liquidator, and any such order may be enforced in the same manner as if it had directed payment to the liquidator. (2) All moneys and securities paid or delivered into. such bank in the event of a winding up by the Court shall be subject in all respects to the orders of the Court. 198. (1) An order made by the Court on a contributory shall, subject to any right of appeal, be conclusive evidence that the money, if any, thereby appearing to be due or ordered to be paid is due. (2) All other pertinent matters stated in the order shall be taken to be truly stated as against all persons and in all proceedings, except proceedings against the real estate of a deceased contributory, in which case the order shall be only prima facie evidence for the purpose of charging his real estate, unless his next of kin or devisees were on the list of contributories at the time of the order being made. 199. (1) Where in proceedings the Official Receiver becomes the liqudiator of a company, whether provisionally or otherwise, he may, if satisfied that the nature of the Companies. [Ch. 31. No. 1. estate or business of the company, or the interest of the creditors or contributories generally, require the appoint- ment of a special manager of the estate or business of the company other than himself, apply to the Court, and the Court may on such application, appoint a special manager of the said estate or business to act during such time as the Court may direct, with such powers, including any of the powers of a receiver or manager, as may be entrusted to him by the Court. (2) The special manager shall give such security and account in such manner as the Court directs. (3) The special manager shall receive such remunera- lion as may be fixed by the Court. 200. The Court may fix a time or times within which creditors are to prove their debts or claims, or to be excluded from the benefit of any distribution made before those debts are proved. 201. The Court shall adjust the rights of the contribu- tories among themselves, and distribute any surplus among the persons entitled thereto. 202. The Court may, at any time after making a winding up order, make such order for inspection of the books and papers of the company by creditors and contributories as the Court thinks just, and any books and papers in the possession of the company may be inspected by creditors or contri- butories accordingly, but not further or otherwise. 203. The Court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to the pavment out of the assets of the costs, charges, and expenses incurred in the winding up in such order of priority as the Court thinks just. 204, (1) The Court may, at any time after the appoint- ment of a provisional liquidator or the making of a winding up order, summon before it any officer of the company or person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or any person whom the Court deems capable 459 Power to exclude creditors not proving in time Adjustment of rights of contribu- tories. Inspection of books by creditors and contribu - tories. Power to order cust» of winding up to be paid out of assets. Power to summon- persons suspected ot having property of company. 460 Power to order public cRMInation of pro- moters, directors, ete Ch. 31. No. 1.| Compante. of giving information concerning the promotion, formation, trade, dealings, affairs, or property of the company. (2) The Court may examine him on oath concerning the matters aforesaid, either by word of mouth or on wntten Interrogatorie, and may reduce his answers to writing and require him to sign them, (3) The Court may require him to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the Court shall have jurisdiction in the winding up to determine all questions relating to that lien. (4) [fany person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the Court at the time appointed, not having a lawful impediment (made known to the Court at the time of its sitting, and allowed by it), the Court may cause him to be apprehended and brought before the Court for examination. 205. (1) Where an order has been made for winding up : company by the Court, and the Official Receiver has made a lurther report under this Ordinance stating that in his opinion a fraud has been committed by any person in the promotion or formation of the company, or by any director or other officer of the company in relation to the company ince its formation, the Court may, after consideration of the report, direct that that person, director or officer shall attend before the Court on a day appointed by the Court lor that purpose, and be publicly examined as to the pro- motion or formation or the conduct of the business of the company or as to his conduct and dealings as director or officer thereol, (2) The Official Receiver shall take part in the cxamination, and for that purpose may, if specially authorised by the Court in that behalf, employ a solicitor with or without counsel. (3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may lso take part in the examination either personally or by solicitor or counsel. Companies. {Ch. 31. No. 1. (4) The Court may put such questions to the person examined as the Court thinks fit. (5) The person examined shall be examined on oath, and shall answer all such questions as the Court may put or allow to be put to him. (6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the Official Receiver’s report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the Court may deem just for the purpose of enabling him to explain or qualify any answers given by him: Provided that, if any such person applies to the Court to be exculpated from any charges made or suggested against him, it shall be the duty of the Official Recciver to appear on the hearing of the application and call the attention of the Court to any matters which appear to the Official Receiver to be relevant, and if the Court, after hearing any evidence given or witnesses callzd by the Official Receiver, grants the application, the Court may allow the applicant such costs as in its discretion it may think fit. (7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any ‘reditor or contributory at all reasonable times. (8) The Court may, if it thinks fit, adjourn the ‘xamination from time to time. 206. (1) Where an order has been made for winding up a company by the Court, and the Official Receiver has made a further report under this Ordinance stating that, in his opinion, a fraud has been committed by a person in the promotion or formation of the company, or by any director ot other officer of the company in relation to the company since its formation, the Court may, on the application of the Official Receiver, order that that person, director or officer shall not, without the leave of the Court, bea director of or in any way, whether directly or indirectly, be con- cerned in or take part in the management of a company for dol Power tu restrain fraudulent persons from managing companics 462 Vower to arrest absconding contributory. Powers of Court cumulative. Ch. 31. No. 1.] Compantes. such period, not exceeding five years, from the date of the report as may be specified in the order, (2) The Offieial Receiver shall, where he intends to make an application under the hist foregoing subsection give not less than ten days’ nolice of his intention to the person charged with the fraud, and on the hearing of the application that) person may appear and himself give evidence or call witne. (3) Ht shall be the duty of the Official Receiver to appear on the hearing of an application by him for an order under this seclion and on an apphtcavion 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 may 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 able on conviction on indictment to imprisonment for two years, or on summary conviclion to imprisonment for six months or to a fine of two thousand five hundred dollars, or to both such imprisonment and fine. (5) The provisions of this section shall have effect notwithstanding that the person concerned may be crimin- ally liable in respect of the matters on the ground of which the order is to be made. 207. 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 Colony, or other- wise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding ‘xaMination 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. 208. Any powers by this Ordinance 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 Compantes. |Ch. 31. No. 1. contributory or debtor, for the recovery of any call or other sums. 209. Provision may be made by rules for enabling or requiring all or any of the powers and duties conferred and imposed on the Court by this Ordinance in respect of the following mattcrs (1) the holding and conducting of meetings 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 (ransfir 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 : Provided that the liquidator shall not, without the special lvave of the Court, rectify the register of members, and shall not make any call without either the special Ieave of the Court or the sanction of the committee of inspection. 210. (1) When the affairs of a company have been com- pletcly wound up, the Court shall make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly. (2) The order shall within fourteen days from the date thereof be reported by the liquidator to the Registrar who shall make in his books a minute of the dissolution of the company. (3) If the liquidator makes default in complying with the requirements of this section, he shall be liable toa fine of twenty-five dollars for every day during which he is in default. -+O3 Delegation to liquidator ol certain powers ol Court Jussolution of company. ‘Od Cirenimstan- ces in which company may be wound up voluntarily Ch. 31. No. 1.] Compante, Eenforcement of and appeal from orders, 211. Orders made by the Court under this Ordinance may be enforced in the came manner as orders made in any action pending therein, 212. Subject to rules of court, an appeal from any order or decision made or given in the winding up of a company by the Court under this Ordinance shall lie in the same manner and subject to the came conditions as an appeal from any order or decision of the Court, (1M) VOLUNTARY WINDING UP. Resolutions for, and commencement of voluntary winding up. 213. (1) A company may be wound up voluntarily— (a) when the period, if any, fixed for the duration of the company by the articles expire., or the event, if any, occurs, on the occurrence of which the articles provide that the company is to be dissolved, and the company ino general meeting ho passed a resolution requiring the company to be wound up voluntarily; (0) if the company resolves by special resolution that the company be wound up voluntarily ; (c) if the company resolves by extraordinary resolu- tion to the effect that it cannot by reason of its liabilities continue ts busine. and that i is advisable to wind up. (2) In this Ordinance the expression — a resolution for voluntary winding up” means a resolution passed under any of the provisions of subsection (1) of this section, 214. (1) When a company has passed a resolution for voluntary winding up, i shall, within seven days after the passing of the resolution, give notice of the resolution by adverlisement in the Royal Gazette. (2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine, and for the purposes of this subsection the liquidator of the company shall be deemed to be an officer of the company. Compante. |Ch. 31. No. 1 215. A voluntary winding up shall be deemed to com- mence at the time of the passing of the resolution for voluntary winding up. Consequences of voluntary winding up. 216. In case of a voluntary winding up, the company shall, from the commencement of the winding up, cease to carry on its business, except so farias may be required for the beneficial winding up thercot: Provided that the corporate state and corporate powers of the company shall, notwithstanding anything to the contrary intls articles, continue until it is dissolved. 217. Any transfer of shares, not being a transfer made to or with the canetion of the liquidator, and any alteration In Che status of the members of the company, made after the commencement of a voluntary winding up, shall be void. Declaration of solvency. 218. (1) Where it is proposed to wind up a company voluntarily, the directors of the company or, in the case of wcompany having more than two directors, the majority of (he directors may, at aimeeting of the directors held before the date on which the notices of the meeting at which the resolution for the winding up of the company is to be pro- posed are sent out, make a statutory declaration to the effect that they have made a full inquiry into the affairs of the company, and that, having so done, they have formed the opinion that the company will be able to pay its debts in full within a period, not exceeding twelve months, from the commencement of the winding up. (2) A declaration made as aforesaid shall have no effect for the purposes of this Ordinance unless it is delivered to the Registrar for registration before the date mentioned In subsection (1) of this section. (3) A winding up in the case of which a declaration has been made and delivered in accordance with this section is in this Ordinance referred to as a members’ voluntary winding up,” and a winding up in the case of T.—IV. 30 465 Commence: nent of voluntary winding up. Eftect of voluntary winding up on businens and status of company. Avoidance of (ransfers, ete, after CONTMMOTNICE- ment of voluntary winding up. Statutory declaration of solvency in case of proposal to wind up voluntarily. 466 Provisions applicable to a members’ winding up. Power of company to appoint and fix remu- neration of liquidators. Power to fill vacaney in office of liquidator. Power of liquidator to accept shares. etc, as considera- tion tor sale of property of company. Ch. 31. No. 1.] Compantes. which declaration has not been made and. delivered as aforesaid is in this Ordinance referred to as “a creditors’ voluntary winding up.” Provisions applicable to a members’ voluntary winding up. 219. The provisions contained in the five sections of this Ordinance next following shall apply in relation to a members’ voluntary winding up. 220. (1) The company in gencral meeting shall appoint one or more liquidators for the purpose of winding up the affairs and distributing the assets of the company, and may fix the remuneration to be paid to him or them. (2) On the appointment of a liquidator all the powers of the directors shall cease, except so far as the company in gencral mecting, or the liquidator, sanctions the continuance thereof, 221. (1) If a vacancy occurs by death, resignation or otherwise in the office of liquidator appointed by the company, the company in general meeting may, subject to any arrangement with its creditors, fill the vacancy. (2) For that purpose a general mecting may be convened by any contributory or, if there were more liquidators than one, by the continuing liquidators. (3) The meeting shall be held in manner provided by this Ordinance or by the articles, or in such manner as may, on application by any contributory or by the continuing liquidators, be determined by the Court. 222. (1) Where a company is proposed to be, or is in course of being, wound up altogether voluntarily, and the whole or part of its business or property is proposed to be transferred or sold to another company, whether a company within the meaning of this Ordinance or not (in this section called ‘“‘ the transferee company ’’) the liquidator of the first-mentioned company (in this section called “ the transferor company ’’) may, with the sanction of a special resolution of that company, conferring either a general Companies. [Ch. 31. No. 1. authority on the liquidator or an authority in respect of any particular arrangement, receive in compensation or part compensation for the transfer or sale, shares, policies, or other like interests in the transferee company, for distribution among the members of the transferor company, or may enter into any other arrangement whereby the members of the transferor company may, in lieu of receiving cash, shares, policies, or other like interests, or in addition thereto, participate in the profits of or receive any other benefit from the transferee company. (2) Any sale or arrangement in pursuance of this section shall be binding on the members of the transferor company. (3) If any member of the transferor company who did not vote in favour of the special resolution expresses his dissent therefrom, in writing addressed to the liquidator, and left at the registered office of the company within seven days after the passing of the resolution, he may require the liquidator either to abstain from carrying the resolution into effect, or to purchase his interest at a price to be determined by agreement, or by arbitration under the provisions of the Arbitration Ordinance (4) If the liquidator elects to purchase the member’s interest, the purchase money must be paid before the company is dissolved, and be raised by the liquidator in such manner as may be determined by special resolution. (5) A special resolution shall not be invalid for the purposes of this section by reason that it is passed before or concurrently with a resolution for voluntary winding up or for appointing liquidators, but, if an order is made within a year for winding up the company by or subject to the super- vision of the Court, the special resolution shall not be valid unless sanctioned by the Court. 223. (1) In the event of the winding up continuing for more than one year, the liquidator shall summon a general meeting of the company at the end of the first year from the commencement of the winding up, and of each succeeding year, or as soon thereafter as may be convenient, and shall lay before the meeting an account of his acts and dealings and of the conduct of the winding up during the preceding year. 30 (2) 467 Duty of liquidator to call general meeting at end of each year. Final mecting and dissolution. Ch. 31. No. 1.] Companies. (2) If the liquidator fails to comply with this section he shall be liable to a fine of fifty dollars. 224. (1) As soon as the affairs of the company are fully wound up, the liquidator shall make up an account of the winding up, showing how the winding up has been conducted and the property of the company has been disposed of, and thereupon shall call a general meeting of the company for the purpose of laying before it the account, and giving any explanation thereof. (2) The meeting shall be called by advertisement in the Royal Gazette and in one local daily newspaper, specifying the time, place, and object thereof, and published one month at least before the meeting. (3) Within one week after the meeting, the liquidator shall send to the Registrar a copy of the account, and shall make a return to him of the holding of the meeting and of its date, and if the copy is not sent or the return is not made in accordance with this subsection the liquidator shall be liable to a fine of twenty-five dollars for every day during which the default continues: Provided that, if a quorum is not present at the mecting, the liquidator shall, in heu of the return hereinbefore mentioned, make a return that the meeting was duly summoned and that no quorum was present thereat, and upon such a return being made the provisions of this subsection as to the making of the return shall be deemed to have been complied with. (4) The Registrar on receiving the account and either of the returns hereinbefore mentioned shall forth- with register them, and on the expiration of three months from the registration of the return the company shall be deemed to be dissolved: Provided that the Court may, on the application of the liquidator or of any other person who appears to the Court to be interested, make an order deferring the date at which the dissolution of the company is to take effect for such time as the Court thinks fit. (5) It shall be the duty of the person on whose application an order of the Court under this section is made, within seven days after the making of the order, to deliver Compantes. [Ch. 31. No. t. to the Registrar a copy of the order for registration, and if that person fails so to do he shall be liable to a fine of twenty-five dollars for every day during which the default continue. Provisions applicable to a creditors’ voluntary winding up. 225. The provisions contained in the eight sections of this Ordinance next following shall apply in relation to a creditors’ voluntary winding up. 226. (1) The company shall cause a meeting of the creditors of the company to be summoned for the day, or the day next following the day, on which there is to be held the meeting at which the resolution for voluntary winding up is to be proposed, and shall cause the notices of the said meeting of creditors to be sent by post to the creditors simultaneously with the sending of the notices of the said meeting of the company. (2) The company shall cause notice of the meeting of the creditors to be advertised once in the Royal Gazette and once at least in one local daily newspaper. (3) The directors of the company shall— (a) cause a full statement of the position of the company’s affairs together with a list of the creditors of the company and the estimated amount of their claims to be laid before the meeting of creditors to be held as aforesaid; and (b) appoint one of their number to preside at the said mecting. (4) It shall be the duty of the director appointed to preside at the meeting of creditors to attend the meeting and preside thereat. (5) If the meeting of the company at which the resolution for voluntary winding up is to be proposed is adjourned and the resolution is passed at an adjourned meeting, any resolution passed at the meeting of the creditors held in pursuance of subsection (1) of this section shall have effect as if it had been passed immediately after the passing of the resolution for winding up the company. 469 Provisions applicable toa creditors’ winding up. Meeting of creditors. 470 Appoint- ment of liquidator. Appoint- ment of com- mittee of inspection. Ch. 31. No. 1.] Compantes. (6) If default is made (a) by the company in complying with subsections (1) and (2) of this section; (6) by the directors of the company in complying with subsection (3) of this section; (c) by any director of the company in complying with subsection (4) of this section; the company, directors or director, as the case may be, shall be Hable to a fine of five hundred dollars, and, in the case of default by the company, every officer of the company who is in default shall be liable to the like penalty. 227. The creditors and the company at their respective meetings mentioned in the last foregoing section of this Ordinance may nominate a person to be liquidator for the purpose of winding up the affairs and distributing the assets of the company, and if the creditors and the company nominate different persons, the person nominated by the creditors shall be liquidator, and if no person is nominated by the creditors the person, if any, nominated by the company shall be hquidator: Provided that in the case of different persons being nom- inated any director, member, or creditor of the company may, within seven days after the date on which the nomination was made by the creditors, apply to the Court for an order cither directing that the person nominated as liquidator by the company shall be liquidator instead of or jointly with the person nominated by the creditors, or appointing some other person to be liquidator instead of the person appointed by the creditors. 228. (1) The creditors at the meeting to be held in pursuance of section 226 or at any subsequent meeting, may, if they think fit, appoint a committee of inspection consisting of not more than five persons, and if such a committee is appointed the company may, either at the meeting at which the resolution for voluntary winding up is passed or at any time subsequently in general meeting, appoint such number of persons as they think fit to act as members of the committee not exceeding five in number: Provided that the creditors may, if they think fit, resolve that all or any of the persons so appointed by the company Companies. [Ch. 31. No. 1. ought not to be members of the committee of inspection, and, if the creditors so resolve, the persons mentioned in the resolution shall not, unless the Court otherwise directs, be qualified to act as members of the committee, and on any application to the Court under this provision the Court may, if it thinks fit, appoint other persons to act as such members in place of the persons mentioned in the resolution. (2) Subject to the provisions of this section and to rules, the provisions of section 190 (except subsection (1)) shall apply with respect to a committee of inspection appointed under this section as they apply with respect to a committee of inspection appointed in a winding up by the Court. 229. (1) The committee of inspection, or if there is no such committee, the creditors, may fix the remuncration to be paid to the hquidator or liquidators. (2) On the appointment of a liquidator, all the powers of the directors shall ceasc, except so far as the committee of inspection, or if there is no such committee, the creditors, sanction the continuance thereof. 230. If a vacancy occurs, by death, resignation or otherwise, in the office of a liquidator, other than a liquidator appointed by, or by the direction of, the Court, the creditors may fill the vacancy. 231. The provisions of section 222 shall apply in the case of a creditors’ voluntary winding up as in the case of a members’ voluntary winding up, with the modification that the powers of the liquidator under the said section shall not be exercised except with the sanction either of the Court or of the committee of inspection. 232. (1) In the event of the winding up continuing for more than one year, the liquidator shall summon a general meeting of the company and a meeting of creditors at the end of the first year from the commencement of the winding up, and of each succeeding year, or as soon thereafter as may be convenient, and shall lay before the meetings an account of his acts and dealings and of the conduct of the winding up during the preceding year. 47] Fixing of liquidators’ remunera- tion and cesser of directors’ powers. Power to fill vacancy in office of liquidator. Application of s. 222 to a creditors’ winding up. Duty of liquidator to call meetings of company and of creditors at end of each year. 472 Ch. 31. No. 1.] Companies. (2) 1f the liquidator fails to comply with this section, he shall be Hable to a fine of fifty dollars. mnt ant 293: (1) As soon as the affairs of the company are fully dissolution, Wound up, the liquidator shall make up an account of the winding up, showing how the winding up has been conducted and the property of the company has been disposed of, and thereupon shall call a general meeting of the company and a meeting of the creditors, for the purpose of laying the account before the meetings, and giving any explanation thereof. (2) Each such meeting shall be called by advertise- ment in the Roval Gazette and in one local daily newspaper, specifying the time, place, and object thereof, and published one month at Jeast before the meeting. (3) Within one week after the date of the mcetings, or, if the meetings are not held on the same date, after the date of the later meeting, the liquidator shall send to the Registrar a copy of the account, and shall make a return to him of the holding of the meetings and of their dates, and if the copy is not sent or the return is not made in accordance with this subsection the liquidator shall be liable to a fine of twenty-five dollars for every day during which the default continue. Provided that, if a quorum is not present at either such mecting, the liquidator shall, in licu of the return herein- before mentioned, make a return that the meeting was duly summoned and that no quorum was present thereat, and upon such a return being made the provisions of this subsection as to the making of the return shall, in respect of that meeting, be deemed to have been complied with. (4) The Registrar on receiving the account and in respect of cach such meeting either of the returns herein- before mentioned shall forthwith register them, and on the expiration of three months from the registration thereof the company shall be deemed to be dissolved: Provided that the Court may, on the application of the liquidator or of any other person who appears to the Court to be interested, make an order deferring the date at which the dissolution of the company is to take effect for such time as the Court thinks fit. Compantes. [Ch. 31. No. 1. (5) It shall be the duty of the person on whose application an order of the Court under this section is made, within seven days after the making of the order, to deliver to the Registrar a copy of the order for registration, and if that person fails so to do he shall be liable to a fine of twenty-five dollars for every day during which the default continues. Provisions applicable to every voluntary winding up. 234. The provisions contained in the eight sections of this Ordinance next following shall apply to every voluntary winding up whether a members’ or a creditors’ winding up. 235. Subject to the provisions of this Ordinance as to preferential payments, the property of a company shall, on its ‘winding up, be applied in satisfaction of its liabilities pari passu, and, subject to such application, shall, unless the articles otherwise provide, be distributed among the members according to their rights and interests in the company. 236. (1) The liquidator may— (a) in the case of a members’ voluntary winding up, with the sanction of an extraordinary resolution of the company, and, in the case of a creditors’ voluntary winding up, with the sanction of either the Court or the committee of inspection, exercise any of the powers given by paragraphs (d), (e) and (f) of subsection (1) of section 182 to a liquidator in a winding up by the Court ; (5) without sanction, exercise any of the other powers by this Ordinance given to the liquidator in a winding up by the Court; (c) exercise the power of the Court under this Ordinance of settling a list of contributories, and the list of contributories shall be prima facie evidence of the liability of the persons named therein to be contributories; (d) exercise the power of the Court of making calls; (ec) summon general meetings of the company for the purpose of obtaining the sanction of the company by Provisions applicable to every voluntary winding up. Distribution of property of company. Powers and duties of liquidator in voluntary winding up. 474 Tower of Court to appoint and remove liquidator in voluntary winding up. Notice by liquidator of his appvint- ment. Arrange- ment when binding on ereditors, Power to apply to Court to have questions determined or powers exercised. Ch. 31. No. 1.] Compante, special or extraordinary resolution or for any other purpose he may think fit. (2) The liquidator shall pay the debts of the com- pany and shall adjust the rights of the contributories among themselve, (3) When several liquidators are appointed, any power given by this Ordinance may be exercised by such one or more of them as may be determined at the time of their Appointment, or, in default of such determination, by any number not loss than two. 237. (1) If from any cause whatever there is no liquidator acting, the Court may appoint a liquidator. (2) The Court may, on cause shown, remove a hquidator and appoint another Hquidator. 238. (1) The liquidator shall, within twenty-one days after his appointment, deliver to the Registrar for registra- tion a notice of his appointment in the preseribed form. (2) If the liquidator fails to comply with the requirements of this section he shall be liable to a fine of twenty-five dollars for every day during which the default continues. 239. (1) Any arrangement entered into between a com- pany about to be, or in the course of being, wound up and its creditors shall, subject to the right of appeal under this section, be binding on the company if sanctioned by an extraordinary resolution, and on the creditors if acceded to by three-fourths in number and value of the creditors. (2) Anv creditor or contributory may, within three weeks from the completion of the arrangement, appeal to the Court against it, and the Court may thereupon, as it thinks just, amend, vary, or confirm the arrangement. 240. (1) The liquidator or any contributory or creditor may apply to the Court to determine any question arising in the winding up of a company, or to exercise, as respects the enforcing ‘of calls, or any other matter, all or any of the powers which the Court might exercise if the company were being wound up by the Court. Compantes, [Ch. 31. No. 1. 475 (2) The Court, if satisfied that the determination of the question or the required exercise of power will be just and beneficial, may accede wholly or partially to the applica- tion on such terms and conditions as it thinks fit, or may make such other order on the application as it thinks just. 241. All costs, charges, and expenses properly incurred in the winding up, including the remuneration of the liquidator, shall be payable out of the assets of the company in priority to all other claims. 242. The winding up of a company shall not bar the right of any creditor or contributory to have it wound up by the Court, but in the case of an application by a contributory, the Court must be satisfied that the rights of the contri- butories will be prejudiced by a voluntary winding up. (iv) WINDING UP SUBJECT TO SUPERVISION OF COURT. 243. When a company has passed a resolution for voluntary winding up, the Court may make an order that the voluntary winding up shall continue but subject to such supervision of the Court, and with such liberty for creditors, contributories, or others to apply to the Court, and generally on such terms and conditions, as the Court thinks just. 244. A petition for the continuance of a voluntary winding up subject to the supervision of the Court shall, for the purpose of giving jurisdiction to the Court over actions, be deemed to be a petition for winding up by the Court. 245. A winding up subject to the supervision of the Court shall, for the purposes of sections 166 and 167, be deemed to be a winding up by the Court. 246. (1) Where an order is made for a winding up subject to supervision, the Court may by that or any subsequent order appoint an additional liquidator. (2) A liquidator appointed by the Court under this section shall have the same powers, be subject to the same obligations, and in all respects stand in the same position, Costs of voluntary winding up. Saving for Tights of creditors and contribu- tories. Power to order winding up subject to supervision. Effect of petition for winding up subject to supervision. Application of ss. 166 and 167 to winding up subject to supervision. Power of Court to appoint or remove liquidators. 476 Ch. 31. No. 1.] Companies. Effect of supervision order. Debts of all descriptions to be proved. as if he had been duly appointed in accordance with the provisions of this Ordinance with respect to the appointment of liquidators in a voluntary winding up. (3) The Court may remove any liquidator so appointed by the Court or any liquidator continued under the supervision order and fill any vacancy occasioned by the removal, or by death or resignation. 247. (1) Where an order is made for a winding up subject to supervision, the liquidator may, subject to any restric- tions imposed by the Court, exercise all his powers, without the sanction or intervention of the Court, in the same manner as if the company were being wound up altogether voluntarily: Provided that the powers specified in paragraphs (d), (e) and (f) of subsection (1) of section 182 shall not be exercised by the liquidator except with the sanction of the Court or, in a case where before the order the winding up was a creditors’ voluntary winding up, with the sanction of either the Court or the committee of inspection. (2) A winding up subject to the supervision of the Court is not a winding up by the Court for the purpose of the provisions of this Ordinance which are set out in the Fighth Schedule to this Ordinance, but, subject as afore- said, an order for a winding up subject to supervision shall for all purposes be deemed to be an order for winding up by the Court: Provided that where the order for winding up subject to supervision was made in relation to a creditors’ voluntary winding up in which a committee of inspection had been appointed, the order shall be deemed to be an order for winding up by the Court for the purpose of section 190, except in so far as the operation of that section is excluded in a voluntary winding up by rules. (v) PROVISIONS APPLICABLE TO EVERY MODE OF WINDING UP. Proof and ranking of claims. 248. In every winding up (subject in the case of insolvent companies to the application in accordance with the pro- Companies. [Ch. 31. No. 1. 477 visions of this Ordinance of the law of bankruptcy) all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascer- tained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency or sound only in damages, or for some other reason do not bear a certain value. 249. In the winding up of an insolvent company the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors and to debts provable and to the valuation of annuities and future and contingent liabilities as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt, and all persons who in any such case would be entitled to prove for and receive dividends out of the assets of the company may come in under the winding up, and make such claims against the company as they respectively are entitled to by virtue of this section. 250. (1) In a winding up there shall be paid in priority to all other debts— (a) all rates, charges, taxes, assessments, or imposi- tions, whether imposed or made by the Government or by any public authority under the provisions of any Ordinance, and having become due and payable within twelve months next before the relevant date; () all wages or salary (whether or not earned wholly or in part by way of commission) of any clerk or servant in respect of services rendered to the company during four months next before the relevant date, not exceeding two hundred and forty dollars; (c) all wages of any workman or labourer not exceeding one hundred and twenty dollars, whether payable for time or for piece work, in respect of services rendered to the company during two months next before the relevant date; (d) unless the company is being wound up volun- tarily merely for the purposes of reconstruction or of amalgamation with’ another company, or unless the company has at the commencement of the winding up Application of bank- ruptcy rules in winding up of insolvent companies. Preferential payments. 478 Ch. 31. No. 1.] Companies. under such a contract with insurers as is mentioned in section 16 of the Workmen’s Compensation Ordi- nance, Tights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under the said Ordinance accrued before the relevant date. (2) Where any compensation under the Workmen’s Compensation Ordinance, is a weekly payment, the amount due in respect thereof shall, for the purposes of para- graph (d) of subsection (1) of this section, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under the said Ordinance. (3) Where any payment on account of wages or salary has been made to any clerk, servant, workman or labourer in the employment of a company out of money advanced by some person for that purpose, that person shall ina winding up have a right of priority in respect of the money so advanced and paid up to the amount by which the sum in respect of which that clerk, servant, workman or labourer would have been entitled to priority in the winding up has been diminished by reason of the payment having been made. (4) The foregoing debts shall— (a) rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; and (6) in the case of a company registered in the Colony, so far as the assets of the company available for pay- ment of general creditors are insufficient to meet them, have priority over the claims of holders of debentures under any floating charge created by the company, and be paid accordingly out of any property comprised in or subject to that charge. (5) Subject to the retention of such sums as may be necessary for the costs and expenses of the winding up, the foregoing debts shall be discharged forthwith so far as the assets are sufficient to meet them. (6) In the event of a landlord or other person Compantes. [Ch. 31. No. 1. distraining or having distrained on any goods or effects of the company within three months next before the date of a winding up order, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on, or the procecds of the sale thereof: Provided that, in respect of any money paid under any such charge, the landlord or other person shall have the same rights of priority as the person to whom the payment is made. (7) In this section the expression ‘‘ the relevant date '’ means— (a) in the case of a company ordered to be wound up compulsorily which had not previously commenced to be wound up voluntarily, the date of the winding up order; and (0) in any other case, the date of the commencement of the winding up. Effect of winding up on antecedent and other transactions. 251. (1) Any conveyance, mortgage, delivery of goods, payment, execution, or other act relating to property which would, if made or done by or against an individual, be deemed in his bankruptcy a fraudulent preference, shall, if made or done by or against a company, be deemed, in the event of its being wound up, a fraudulent preference of its creditors, and be invalid accordingly. (2) Tor the purposes of this section, the commence- ment of the winding up shall be deemed to correspond with the presentation of the bankruptcy petition in the case of an individual. (3) Any conveyance or assignment by a company of all its property to trustees for the benefit of all its creditors shall be void to all intents. 252. Where a company is being wound up, a floating charge on the undertaking or property of the company created within six months of the commencement of the winding up shall, unless it is proved that the company immediately after the creation of the charge was solvent, be invalid, except to the amount of any cash paid to the 479 Fraudulent preference. Effect of floating charge. 480 Disclaimer of onerous property. Ch. 31. No. 1.] Companies. company at the time of or subsequently to the creation of, and in consideration for, the charge, together with interest on that amount at the rate of six per cent. per annum. 253. (1) Where any part of the property of a company Which is being wound up consists of land of any tenure burdened with onerous covenants, of shares or stock in companie., of unprofitable contracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous act, or to the payment of any sum of money, the hquidater of the company, notwithstanding that he has endeavoured to sell or has taken possession of the property, or exercised any act of ownership in relation thereto, may with the leave of the Court and subject to the provisions of this section, by writing signed by him, at any time within twelve months after the commencement of the winding up or such extended period as may be allowed by the Court, disclaim the property: Provided that where any such property has not come to the knowledge of the liquidator within one month after the commencement of the winding up, the power under this section of disclaiming the property may be exercised at any time within twelve months after he has become aware thereof or such extended period as may be allowed by the Court. (2) The disclaimer shall operate to determine, as from the date of disclaimer, the rights, interest, and liabilities of the company, and the property of the company, in or in respect of the property disclaimed, but shall not, except so far as is necessary for the purpose of releasing the company and the property of the company from hability, affect the rights or abilities of any other person. (3) The Court, before or on granting leave to dis- claim, may require such notices to be given to persons interested, and impose such terms as a condition of granting leave, and make such other order in the matter as the Court thinks just. (4) The liquidator shall not be entitled to disclaim any property under this section in any case where an application in writing has been made to him by any persons interested in the property requiring him to decide whether Compante. [Gh. 31. No. 1. he will or will not disclaim, and the liquidator has not, within a period of twent v- eight days after the receipt of the application or such further period as may be allowed by the Court, given notice to the applicant that he intends to apply to the Court for leave to disclaim, and, in the case of a contract, if the liquidator, after such an application as aforesaid, does not within the said period or further period disclaim the contract, the company shall be deemed to have adopted it. (5) qT he Court may, on the application of any person who is, as against the liquidator, entitled to the benefit or subject to the burden of a contract made with the company, make an order rescinding the contract on such terms as fo payment by or to either party of damages for the non-performance of the contract, or otherwise as the Court thinks just, and any damages pavable under the order to any such person may be proved by hink a debt in the winding up. (6) The Court may, on an application by any person who either claims any interest in any disclaimed property or is under any liability not discharged by this Ordinance in respect of any diselaimed property and on hearing any such persons as it thinks fit, make an order for the vesting of the property in or the delive ry of the property to any persons entitled thereto, or to whom it may seem just that the property should be delivered by way of compensation for such liability as aforesaid, or a trustee for him, and on such terms as the Court thinks just, and on any such vesting order being made, the property comprised therein shall vest ‘cordingly in the person therein named in that) behalf without any conveyance or assignment for the purpose : Provided that, where the property disclaimed is of a leaschold nature, the Court shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mortgagee by demise, except upon the terms of making that person— (a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or (b) if the Court thinks fit, subject onlv to the same T. IV. 31 48] 482 Restrictiou of rights ol creditor as to excention or altach- ment. Ch. 31. No. 1.] Compantes. liabilities and obligations as if the lease had been assigned to that person at that date; and in either event (if the case so requires) as if the lease had comprised only the property comprised in the vesting order, and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the property, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the Court shall have power to vest the -state and interest of the company in the property in any person liable cither personally or in a representative character, and cither alone or jointly with the company to perform the lessee’s covenants in the lease, freed and discharged from all >states, encumbrances and _ interests created therein by the company. (7) Any person injured by the operation of a disclaimer under this section shall be deemed to be a creditor of the company to the amount of the injury, and may accordingly prove the amount as a debt in the winding up. 254. (1) Where a creditor has issued execution against the goods or lands of a company or has attached any debt due to the company, and the company is subsequently wound up, he shall not be entitled to retain the benefit of the -xceution or attachment against the liquidator in the winding up of the company unless he has completed the “xecution or attachment before the commencement of the winding up’ Provided that—- (a) where any creditor has had notice of a meeting having been called at which a resolution for voluntary winding up is to be proposed, the date on which the creditor so had notice shall for the purposes of the foregoing provision be substituted for the date of the conunencement of the winding up; and (b) a person who purchases in good faith under a sale by the Marshal any goods of a company on which an execution has been levied shall in all cases acquire a good title to then: against the liquidator. (2) lor the purposes of this section, an execution against gcods shall be taken to be completed by seizure and Companies. (Ch. 31. No. 1. sale, and an attachment of a debt shall be deemed to be completed by receipt of the debt, and an execution against land shall be deemed to be completed from the date of the order for sale or by seizure as the case may be, and, in the case of an equitable interest, by the appointment of a receiver, (3) In this section the expression goods includes all chattels personal, and the expression ‘‘ Marsha] ”’ includes any officer charged with the execution of a writ or other process. 255. (1) Where any goods of a company are taken in execution, and, before the sale thereof or the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the Marshal that a provisional liquidator has been appointed or that a winding up order has been made or that a resolution for voluntary winding up has been passed, the Marshal shall, on being so required, deliver the goods and any money scized or received in part satisfaction of the exccution to the liquidator, but the costs of the execution shall be a first charge on the goods or money so delivered, and the liquidator may scll the goods, or a sufficient part thereof, for the purpose of satisfying that charge. (2) Where under an execution in respect of a judg- ment for a sum exceeding nincty-six dollars the goods of a company are sold or money is paid in order to avoid sale, the Marshal shall deduct the costs of the execution from the proceeds of the sale or the moncy paid and retain the balance for fourteen days, and if within that time notice is served on him of a petition for the winding up of the company having been presented or of a mecting having been called at which there is to be proposed a resolution for the voluntary winding up of the company and an order is made or a resolution is passed, as the case may be, for the winding up of the company, the Marshal shall pay the balance to the liquidator, who shall be entitled to retain it as against the *xecution creditor, (3) In this section the expression ‘‘ goods ”’ includes all chattels personal, and the expression ‘ Marshal ”’ includes any officer charged with the execution of a writ or other process. 31 (2) 483 Duties of Marshal as to goods taken in execution, 484 Offences by officers of companics in Hquida tion. Ch. 31. No. 1.] Compantes. Offences antecedent to or in course of winding up. 256. (1) Hf any person, being a past or present director, manager or other officer of a company which at the time of the commission of the alleged offence is being wound up, whether by or under the supervision of the Court) or voluntarily or subsequently ordered to be wound up by the Court) or subsequently passe. resolution for voluntary winding up (a) does not to the best of his knowledge and belief fully. and truly discover to the liquidator all the property, real and personal, of the company, and how and to whom and for what consideration and when the company disposed of any part thereof, except: such part as has been disposed of in the ordinary way of the business of the company; or (6) dees not deliver up to the liquidator, or as he directs, all such part of the real and personal property of the company as ts in his custody or under his control, and which he is required by law to deliver up; or (c) does not deliver up to the liquidator, or as he direets, all books and papers in his custody or under his control belonging to the company and which he is required by law to deliver up; or (d@) within twelve months next before the commence- ment of the winding up or at any time thereafter conceals any part of the property of the company to the value of forty-eight dollars or upwards, or conceals any debt due to or from the company; or (ce) within twelve months next before the commence- ment of the winding up or at any time thereafter fraudu- lently removes any part of the property of the com- pany to the value of forty-cight dollars or upwards; or (f) makes any material omission in any statement relating to the affairs of the company; or {g) knowing or believing that a false debt has been proved by any person under the winding up, fails for the period of a month to inform the liquidator thereof ; or (4) atter the commencement of the winding up pre- vents the production of any book or paper affecting or relating to the property or affairs of the company; or Compants. {Ch. 31. No. 1. (2) within twelve months next before the commence- ment of the winding up or at any time thereafter, conceals, destroys, mutilates, or falsifics, or is privy to the concealment, destruction, mutilation, or falsi- fication of, any book or paper affecting or relating to the property or affairs of the company; or (7) within twelve months next before the commence- ment of the winding up or at any time thereafter makes or is privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the company; or (k) within twelve months next before the com- mencement of the winding up or at any time thereafter fraudulently parts with, alters, or makes any omission in, or is privy to the fraudulent parting with, altering, or making any omission in, any document affecting or relating to the property or affairs of the company; or (/) after the commencement of the winding up or at any meeting of the creditors of the company within twelve months next before the commencement of the winding up attempts to account for any part of the property of the companv by fictitious losses or expenses; or (#2) has within twelve months next before the com- mencement of the winding up or at any time there- after, by any false representation or other fraud, obtained any property for or on behalf of the company on credit which the company docs not subsequently pay for; or (2) within twelve months next before the com- mencement of the winding up or at any time thereafter, under the false pretence that the company is carrying on its busine. obtains on credit, for or on behalf of the company, any property which the company does not subsequently pay for; or (0) within twelve months next before the com- mencement of the winding up or at any time thereafter pawns, pledges, or disposes of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging, or disposing is in the ordinary way of the business of the company; or 485 486 Penalty for falsification Of books. Ch. 31. No. 1.] Compantes. (p) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agree- ment with reference to the affairs of the company or to the winding up; he shall be guilty of a misdemeanor and shall, in the case of the offences mentioned respectively in paragraphs (m), (n) and (0) of this subsection, be liable on conviction on indict- ment to imprisonment for five years, or on summary conviction to imprisonment for twelve months, and in the case of any other offence shall be liable on conviction on indictment to imprisonment tor two years, or on summarv conviction to imprisonment for twelve months: Provided that it shall be a po “a. to a charge under any of paragraphs (a), (0), ( ), (f). (7) and (0), if the accused proves that he had no an to defraud, and to a charge under any of paragraphs (/), (z) and (4), if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law. (2) Where any person pawns, pledges or disposes of any property in circumstances w hich amount to a misde- meanor under paragraph (0) of subsection (1) of this section, every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged, or disposed of in such circumstances as aforesaid shall be guilty of a misdemeanor, and on conviction thereof liable to be punished in the same way as if he had received the property knowing it to have been obtained in circumstances amounting to a misdemeanor. (3) For the purposes of this section, the eapression director” shall include any person in accordance with whose directions or instructions the directors of a company have been accustomed to act, 257. If any director, manager or other officer, or contri- butory of any company being wound up destroys, mutilates, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any false or fraudulent entry in anv register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanor, and be liable to imprisonment for two vears. Compantes. |Ch. 31. No. 1. 258. If any person, being at the time of the commission of the alleged offence a director, manager or other officer of a company which is subsequently ordered to be wound up by the Court or subsequently passes resolution for voluntary winding up - (a) has by false pretences or by means of any other fraud induced any person to give credit to the company; (6) with intent to defraud creditors of the company, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against, the property of the company; (c) with intent to defraud creditors of the company, has concealed or removed any part of the property of the company since, or within two months before, the date of any unsatisfied judgment or order for payment of money obtained against the company; he shall be guilty of a misdemeanor and shall be liable on conviction on indictment to imprisonment for two years, or on summary conviction to imprisonment for twelve months. 259. (1) If wherc a company is wound up it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, every director, manager or other officer of the company who was knowingly a party to or connived at the default of the company shall, unless he shows that he acted honestly or that in the circumstances in which the business of the company was carried on the default was excusable, be liable on conviction on indictment to imprisonment for one year, or on summary conviction to imprisonment for six months. (2) For the purposes of this section, proper books of account shall be deemed not to have been kept in the case of any company if there have not been kept such books or accounts as are necessary to exhibit and explain the trans- actions and financial position of the trade or business of the company, including books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the trade or business has involved dealings in goods, statements of the annual stocktakings and (except 487 Frauds by officers of companies which have gone into liquidation. Liability where proper accounts not kept. 4838 Kesponsi- tility of direetors ter fraudulent tracing. Ch. 31. No. 1.] Compantes. in the case of goods sold by way of ordinary retail trade) of all goods sold and purchased, showing the goods and the buyers and sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identified. 260. (1) Hf in the course of the winding up of a company it appears that any busine. ef the company has been ‘arried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the Court, on the application of the Official Receiver, or the liquidator or any creditor or contributory of the company, may, if it thinks proper so to do, declare that any of the directors, whether past or present, of the company who were knowingly parties to the carrying on of the busine. in) manner atoresaid shall be personally; responsible, without any limitation of Hability for all or any of the debts or other liabilities of the company as the Court may direct. (2) Where the Court makes any such declaration, it may give such further directions as it thinks ptoper for the purpose of giving effect to that declaration, and in particular may make provision for making the hability of any such director under the declaration a charge on any debt or obligation due from the company to him, or on any mort gage or charge or any interest in any mortgage or charge on any assets of the company held by or vested in him, or any company or person on his behalf, or any person claiming as assignee from or through the director, company or person, and may from time to time make such further order as may be necessary for the purpose of enforcing any charge imposed under this subsection, For the purpose of this subsection, the expression assignee Includes any person to whom or in whose favour, by the directions of the director, the debt, obliga- tion, mortgage or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration (not including consideration by way of marriage) given in good faith and without notice of any of the matters on the ground of which the declaration is made (3) Where any business of a company is carried on with such intent or for such purpose as is mentioned in Companies. [Ch. 31. No. 1. subsection (1) of this section, every director of the company who was knowingly a party to the carrying on of the business in manner aforesaid, shall be liable on conviction on indict- ment to imprisonment for one year. (+) The Court may, in the case of any person in ‘spect of whom a declaration has been made under sub- section (1) of this section, or who has been convicted of an offence under subsection (3) of this section, order that that person shall not, without the leave of the Court, be a director of or in any way, whether directly or indirectly, be concerned in or take part in the management of a company for such period, not exceeding five years, from the date of the declaration or of the conviction, as the case may be, as may be specified in the order, and if any person acts in contravention of an order made under this subsection he shall, in respect of cach offence, be liable on conviction indictment to imprisonmeni for two years, or on summary conviction to imprisonment for six months or to a fine of two thousand five hundred dollars, or to both such imprisonment and fine. In this subsection the expression the Court — in relation to the making of an order, means the Court by which the declaration was made or the Court before which the person ‘as convicted, as the case may be. (5) For the purposes of this section, the expression director ”’ shall include any person in accordance with whose directions or instructions the directors of a company have been accustomed to act. (6) The provisions of this section shall have effect notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the declaration is to be made, and where the declaration under subsection (1) of this section is made in the case of a winding up, the declaration shall be deemed to be a final judgment within the meaning of paragraph (g) of subsection (1) of section 3 of the Bankruptcy Ordinance. (7) It shall be the duty of the Official Receiver or of the liquidator to appear on the hearing of an application for leave under subsection (4) of this section, and on the hearing of an application under that subsection or under subsection (1) of this section the Official Receiver or the 489 490 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 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. 402 Notiheation that a com. pany is in hawihation Books ot company to be evidence. Ch. 31. No. 1.| Compantes, (3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on a hquidator in respect of any such default as aforesaid. 265. (1) Where a company is being wound up, whether by or under the supervision of the Court or voluntarily, veTY Invoice, order for goods or business letter issued by oron behalbof the company or a liquidator of the company, or receiver or manager of the property of the company, being a document on or in which the name of the company appears, shall contain a statement that the company is being wound up. (2) Hf default is made in complying with this section, the company and every director, manager, secretary or other officer of the company and every liquidator of the company and every receiver or manager, who knowingly and wilfully authorises or permits the default, shall be liable toa fine of hundred dollars. 266. (1) In the case of | winding up by the Court of company, or of a creditors voluntary winding up of such a company (a) every assurance relating solely to) freehold) or leasehold property or to any morigage, charge or other encumbrance on, or any estate, right) or interest in, any real or personal property, which forms part of the assets of the company and which, after the execution of the assurance, either at law or in equity, 1s or remains part of the assets of the eampany: and (0) every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any company which is being so wound up, or to any pro- ceeding under any such winding up, shall be exempt from duties chargeable under the enact - ments relating to stamp dutie, (2) In subsection (1) of this section the expression assurance” include deed, conveyance, assignment and surrender. 267. Where company is being wound up, all books and papers of the company and of the liquidators: shall, Companies. [Ch. 31. No.1. between the contributories of the company, be primd facic evidence of the truth of all matters purporting to be therein recorded. 268. (1) When company has been wound up and is About to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that Is fo say: (@) in the case of a winding up by, or subject to the supervision of, the Court in such way as the Court directs; (®) in the case of a members voluntary winding up, insuch way as the company by extraordinary resolution directs, and, in the case of a creditors’ voluntary winding up, in such way as the committee of inspection or, if there is no sueh committee, the creditors of the company, may direct, (2) After five years from) the cissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book o1 paper not being forthcoming to any person claiming to be Interested therein, (3) Provision may be made by rules for enabling (he Court to prevent, for such period (not exceeding five years from the dissolution of the company) as the Court thinks proper, the destruction of the books and papers of a company Which has been wound up, and for enabling any creditor or contributory of the company to make representations to the Court. (4) Hany person acts in contravention of any rule. made for the purposes of this section or of any direction of the Court thereunder, he shall be liable to a fine of five hundred dollars. 269. (1) Hf where a company is being wound up the winding up is not concluded within one year after its commencement, the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to the Registrar a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation. 493 Information as to pending Iiquidations. 404 Unclaimed assets. Resolutions passed at adjourned meetings of ereditors and contribu- tories, Ch. 31. No. 1.] Companies. (2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom. (3) If a liquidator fails to comply with this section, he shall be liable to a fine of two hundred and fifty dollars for each day during which the default continues, and any person untruthfully stating himself as aforesaid to be a creditor or contnbutory shall be guilty of a contempt of Court, and shall, on the application of the liquidator or of the Official Receiver, be punishable accordingly. 270. (1) If it appears either from any statement sent to the Registrar under the last foregoing section or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undis- tributed for six months after the date of their receipt, the liquidator shall forthwith pay the said money into Court, and shall be entitled to the prescribed certificate of receipt ior the money so paid, and that certificate shall be an cffectual discharge to him in respect thereof. (2) For the purpose of ascertaining and getting in any Money payable into Court in pursuance of this section, the like powers may be exercised, and by the like authority, as are exercisable under section 135 of the Bankruptcy Ordinance for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section. (3) Any person claiming to be entitled to any money paid into Court in pursuance of this section may apply to the Court for payment thereof, and the Court may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due. 271. Where alter the commencement of this Ordinance resolution is passed at an adjourned mecting of any creditors or contributories of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date. Companies. [Ch. 31. No. 1. Supplementary powers of Court. 272. (1) The Court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held, and conducted in such manner as the Court directs, and may appoint a person to act as chairman of any such meeting and to report the result thereof to the Court. (2) In the case of creditors, regard shall be had to the value of each creditor’s debt. (3) In the case of contributories, regard shall be had to the number of votes conferred on each contributory by this Ordinance or the articles. 273. (1) Any affidavit required to be sworn under the provisions or for the purposes of this Part of this Ordinance may be sworn in the Colony, or elsewhere within the Commonwealth countries, before any Court, Judge, or person lawfully authorised to take and reccive affidavits or before any of His Majesty’s Consuls or Vice-Consuls in any place outside the Commonwealth countries. (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 Ordinance. Provisions as to dissolution. 274. (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 pro- ceedings may be taken as might have been taken if the company had not been dissolved. 495 Meetings to ascertain wishes of creditors or contribu - tories. Affidavita, etc. Power of Court to declare dissolution of company void, 496 Registrar nay strike defunet COMPU Pegister Ch. 31. No. 1.| Compantes. (2) It shall be the duty of the person on whose Appheation the order was made, within seven days after the making of the order, or such further time as the Court may low, to deliver to the Registrar for registration a copy of the order and aif'that person fails so to do he shall be liable toa fine of twenty-five dollars for every dav during which the default continue. 275. (1) Where the Registrar has reasonable cause te believe that a company is not carrying on business or in operation, he may send to the company by post a letter inquiring whether the company is carrying on busine. In operation. (2) If the Registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen day alter the expiration of the month send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been recetved, and that if an answer is not received to the second letter within one month from the date thereof, notice will be published in the Royal Gazette with a view to striking (he name of the company off the register. (3) TP the Registrar cither receive. an answer to the ffect that the company is not carrying on business or in operation, or does net within one month after sending the second letter receive any answer, he may publish in the Roval Gazelle, and send to the company by post, a notice that at the oxpiration of three months from the date of that notice the name of the company mentioned therein will. ule cause is shown to the contrary, be struck off the register and the company will be dissolved. (4) If, in any case where a company ts being wound up, the Registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company wre fully wound up, and the returns required to be made by the liquidator have not been made for a period of six consecutive months, the Registrar shall publish in’ the Royal Gazelle and send to the company or the liquidator, if any, a like notice as is provided in the last preceding subsection. (5) At the expiration of the time mentioned in the Companies. |Ch. 31. No. t. notice the Registrar may, unless cause to the contrary is previously shown by the company, strike its name off the register, and shall publish notice thereof in the Royal Gazette, and on the publication in the Royal Gazelte of this notice the company shall be dissolved: Provided that— (a) the liability, if any, of every director, managing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved; and (6) nothing in this subsection shall affect the power of the Court to wind up a company the name of which has been struck off the register. (6) Ifa company or any member or creditor thereot feels aggrieved by the company having been struck off the register, the Court on an application made by the company or member or creditor before the expiration of twenty years from the publication in the Royal Gazette of the notice aforesaid may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register, and upon a copy of the order being delivered to the Registrar for registration the company shall be deemed to have continued in existence as if its name had not been struck off; and the Court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. (7) A notice to be sent under this section to a liquida- tor may be addressed to the liquidator at his last known place of business, and a letter or notice to be sent under this section to a company may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the Registrar, may be sent to each of the persons who subscribed the mernoran- dum, addressed to him at the address mentioned in the memorandum. T.—IV. 32 497 498 Property ot dissolved company to be bona sacanita. Rules. Rules in 11th, 12th and 13th Schedules in force Disquatlitica- tion for appointment as receiver Power to appoint Official Receiver as receiver for debenture holders or erediters. Notification that receiver or manager appointed. Ch. 31. No. 1.] Compantes. 276. Where a company is dissolved, all property and rights whatsoever vested in or held on trust for the company immediately before its dissolution (including leasehold property but not including property held by the company on trust for any other person) shall, subject and without prejudice to any order which may at any time be made by the Court under the two last foregoing sections of this Ordinance be deemed to be bona vacantia and shall accord- ingly belong to the Crown, and shall vest and may be dealt with in the same manner as other bona vacantia accruing to the Crown. Rules and fees. 277. Rules for carrying this Ordinance into effect as far as relates to procedure, winding up, and costs and fees in connection therewith, may be made in like manner as rules may be made under and for the purposes of the Judicature Ordinance. 278. Until varied or revoked by any rules made under the preceding section the rules contained in the Eleventh, Twelfth and Thirteenth Schedules to this Ordinance shall be in foree. PART VI. RECEIVERS AND MANAGERS. 279. .\ body corporate shall not be qualified for appoint - ment as receiver of the property of a company 280. Where an application is made to the Court to appoint receiver on behalf of the debenture holders or other creditors of a company which is being wound up by the Court, the Official Receiver may be so appointed. 281. (1) Where a receiver or manager of the property of a company has been appointed, every invoice, order for goods or business letter issued by or on behalf of the company or the receiver or manager or the liquidator of the company, being a document on or in which the name of the company appears, shail contain a statement that a receiver or manager has been appointed. Compantes. [Ch. 31. No. 1. (2) If default is made in complying with the require- ments of this section, the company and every director, manager, secretary or other officer of the company, and every liquidator of the company, and every receiver or manager, who knowingly and wilfully authorises or permits the default, shall be liable to a fine of one hundred dollars. 282. The Court may, on an application made to the Court by the liquidator of a company, by order fix the amount to be paid by way of remuneration to any person who, under the powers contained in any instrument, has been appointed as receiver or manager of the property of the company, and may from time to time, on an application made either by the liquidator or by the receiver or manager vary or amend any order so mace. 283. (1) Every receiver or manager of the property of company who has been appointed under the powers con- tained in any instrument shall, within one month, or such longer period as the Registrar may allow, after the expira- tion of the period of six months from the date of his appointment and of every subsequent period of six months, and within one month alter he ceases to act as receiver or manager, deliver to the Registrar for registration an abstract in the prescribed form showing his receipts and his payments during that period of six months, or, where he ceases to act as aforesaid, during the period from the end of the period to which the last preceding abstract related up to the date of his so ceasing, and the aggregate amount of his receipts and of his payments during all preceding periods since his appointment. (2) Every receiver or manager who makes default in complying with the provisions of this section shall be liable to a fine of twenty-five dollars for every day during which the default continues. 284. (1) If (a) any receiver of the property of a company, who has made default in filing, delivering or making any return, account or other document or in giving any notice, which a receiver is by law required to file, deliver, make or give, fails to make good the default 32 (2) 499 Power of Court to fix remu- Nneration on application of liquidator. Delivery to Registrar of accounts of receivers and managers. Enforce- ment of duty of receiver to make returns, etc. 500 Registration ollice. Ch. 31. No. 1.] Compantes. within fourteen days after the service on him of a notice requiring him to do so; er (b) any receiver or manager of the property of a company who has been appeinted under the powers contained in any instrument, has, after being required at any time by the liquidator of the company so to do, failed to render proper accounts of his receipts and payments and to pay ever to the liquidator the amount properly payable to him; the Court may, on an application made for the purpose, make an order directing the receiver or manager, as the case may be, to make good the default within such time as may be specified in the order. (2) In the case of any such default as is mentioned in paragraph (a) of the fast preceding subsection an appli- ‘ation for the purposes of this section mi iW be made by any member er creditcr of the company or by the Registrar, and the erder may provide that all costs of and incidental to the apy leation shall be borne by the receiver, and in the ease of any such default as is mentioned in paragraph (0) of that subsection the application shall be made by the liquidate r, (3) Nothing in this seetion shall be taken to prejudice the opera tion of any enactments imposing peneltics on Teceivers ino respeet of such default as is mentioned in paragraph (a) of subsection (1) of this section. PART VII. REGISTRATION OFFICE AND FEES. 285. ler the purpose of the registration of companies under th Ordinance, the Registrar General shall be ex efficro Registrar of Companie. , and the office of the Registrar General shall be the registration oflice of companicy. 286. Tlicre.shall be paid to— (a) the Registrar in respect of the several matters mentioned in the Ninth Schedule to this Ordinance the several fees therein specified; and (/) the Registrar of the Supreme Court and the Companies. |Ch. 31. No. 1. Official Receiver, as the case may be, in respect of the several matters mentioned in the Fifteenth Schedule to this Ordinance the several fe therein specified, or such other fees as the Governor in Council may from time to time direct. 287. All fecs payable to the Regist rar under this Ordinance shall be paid by means of stamps which may be denoted by any postage or revenue stamps of the proper value for the time being in use in the Colony: Provided that no document shall bear upon it in respect of one fee, more than six stamps of lower value than four dollars and cighty cents. 288. (1) Any person may inspect the documents kept by the Registrar on payment of the prescribed fees, and any person may require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document, to be certified by the Registrar, on payment of the prescribed fees. (2) No process for compelling the production of any document kept by the Registrar shall issue from any Court except with the leave of that Court, and any such process if issued shall bear thereon a statement that it is issued with the leave of the Court. (3) A copy of or extract from any document kept and registered at the office for the registration of companies, certified to be a true copy under the hand of the Registrar (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document. 289. (1) lf a company having made default in complying with any provision of this Ordinance which requires it to file with, dchver or send to the Registrar any return, account or other document, or to give notice to him of any matter, fails to make good the default within fourteen days after the service of a notice on the company requiring it to do so, a Judge in Chambers may, on an application made to him by any member or creditor of the company or by the Registrar, make an order directing the company and any officer thereof to make good the default within such time as may be specified in the order: Provided 501 Payment of fees by stamps. Inspection, production and evidence of documents kept by Registrar. Enforcement of duty of company to make returns to Registrar. 502 Ch. 31. No. 1.| Compantes. that the Judge may refer the application for hearing in open Court. (2) Any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officers of the company responsible for the default. (3) Nothing in this section shall be taken to preju- dice the operation of any enactment imposing penalties on a company or its officers in respect of any such default aforesaid. PART VIII APPLICATION OF ORDINANCE TO COMPANIES FORME) OR REGISTERED UNDER FORMER ORDINANCES. Application 290. In the application of this Ordinance to -xisting of Ordinance ,. nite it «ly . ; te : . TT . to companies COMpanic, it shall apply in the same manner formed (1) in the case of a limited company, other than a former _ cempany limited by guarantee, as if the company had Companies been fermed and registered under this Ordinance as a Ordinance oe company limited by share. (2) in the case of a company limited by guarantee, as if the company had been formed and registered under this Ordinance as a ccmpany limited by guarantee and (3) in the case of a company other than a limited company, as if the company had been formed and registered under this Ordinance as an unlimited company Provided that reference, xpress or umphied, to the date of registration shall be construed as a reference to the date at Which the company was registered under the Companies Ordinance. any of them repealed by this Ordinance. PART IX. Meaning, WINDING UP OF UNRFGISTERED COMPANIES. and winding up, of 291. For the purposes of this Part of this Ordinance, the unregistered |. Leeda «s —tosvetora . mh 1 ‘ company. xpression “ unregistered company ”’ shall not include a Companies. [Ch. 31. No. 1. friendly society established under the Friendly Societies Ordinance, or a society established under the Building Societies Ordinance, but shall include any partnership, whether limited or not, association or company consisting of more than seven members and not registered under this Ordinance, and all the provisions of this Ordinance with respect to winding up shall apply to such a company, with the following exceptions and additions, that is to say— (i) no unregistered company shall be wound up under this Ordinance voluntarily or subject to super- vision; (ii) the circumstances in which an_ unregistered company may be wound up are as follows, that is to say: (a) if the company is dissolved, or has ceased to carry on business, or is carrying on business only for the purpose of winding up its affairs; (5) if the company is unable to pay its debts; (c) if the Court is of opinion that it is just and equitable that the company should be wound up; (iii) an unregistered company shall, for the purposes of this Ordinance, be deemed to be unable to pay its debts (a) ifa creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding two hundred and forty dollars then due, has served on the company, by leaving at its pnncipal place of business, or by delivering to the secretary or some director, manager or principal officer of the company, or by otherwise serving in such manner as the Court may approve or direct, a demand under his hand requiring the company to pay the sum so due, and the company has, for three weeks after the service of the demand, neglected to pay the sum or to secure or compound for it to the satisfaction of the creditor; (b) if any action or other proceeding has been instituted against any member for any debt or demand due or claimed to be due from the com- pany, or from him in his character of member, and notice in writing of the institution of the action 503 504 Contribu- tories in winding gy of UNTegis- tered company. Power of Court to stay or restrain pro- coedings. Ch. 31. No. 1.} Compantes. or proceeding having been served on the company by leaving the same at its principal place of business, or by delivering it to the secretary or some director, manager, or principal officer of the company, or by otherwise serving the same in such manner as the Court may approve or direct, the company has not, within ten days after service of the notice, paid, secured, or compounded for the debt or demand, or procured the action or proceeding to be stayed, or indemnified the defendant to his reasonable satisfaction against the action or proceeding, and against all costs, damage., and expenses to be incurred by him by reason of the same; (c) if execution or other process issued on a judgement, decree, or order obtained in the Court in favour of a creditor against the company, or any member thereof as such, or any person authorised to be sued as nominal defendant on behalf of the company, is returned unsatisfied ; (d) if it is otherwise proved to the satisfaction of the Court that the company is unable to pay its debts. 292. (1) In the event of an unregistered company being wound up, every person shall be deemed to be a contri- butory who is Hable to pay or contribute to the payment of any debt or lability of the company, or to pay or contribute to the payment of any sum for the adjustment of the rights of the members among themselves, or to pay or contribute to the payment of the costs and expenses of winding up the company, and every contributory shall be lable to contribute to the assets of the company all sums due from him in respect of any such liability as aforesaid. (2) In the event of the death or bankruptcy of any contributory, the provisions of this Ordinance with respect to the personal representative, next of kin, and devisces of deceased contributories, to the trustees of bankrupt con- tributories, shall apply. 293. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a Com pante. |Ch. 31. No. 1. company at any time after the presentation of a petition for winding up and before the making of a winding up order, shall, in the case of an unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company. 294. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the Court, and subject to such terms as the Court may impose. 295. Where a company incorporated outside the Colony which has been carrying on business in the Colony ceases to carry on business in the Colony, it may be wound up as an unregistered company under this Part of this Ordinance, notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virtue of the laws of the country under which it was incorporated. 296. The provisions of this Part of this Ordinance with respect to unregistered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance contained with respect to winding up companies by the Court, and the Court or liquidator may exercise any powcrs or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part of this Ordinance. PART X. CoMPANIES INCORPORATED OUTSIDE THE COLONY CARRYING ON BUSINESS WITHIN THE COLONY. 297. This Part of this Ordinance shall apply to all companics incorporated outside the Colony which, after the commencement of this Ordinance, establish a place of 505 Actions stayed on winding up order. Winding up company incorporated outside the Colony. Provisions of Part IX. of Ordinance cumulative. Companies which Part K applies. 506 Documents, etc., to be delivered to Registrar by companies carrying on business in the Colony Power ol companies incorporated outside the Colony to hold kinds. Return to be delivered to Registrar where docu- ments, ete allerec Ch. 31. No. 1.] Compantes. business within the Colony, and to all companies incor- porated outside the Colony which have, before the com- mencement of this Ordinance, established a place of business within the Colony and continue to have an established place of business within the Colony at the commencement of this Ordinance. 298. Companies incorporated outside the Colony which, alter the commencement of this Ordinance establish a place of business within the Colony, shall within one month from the ostablishment of the pk ice of business, deliver to the Registrar for registration— (a) a certified copy of the charter, statutes or memo- randum and articles of the company, or other instru- ment constituting or defining the constitution of the company, and, if the instrument is not written in the English languag ee, a certified translation thereof; (6) a list of the directors of the company, containing such particulars with respect to the directors as are by this Ordinance required to be contained with respect to directors in the register of the directors ofa company; (c) the names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the company service of process and any notices required to be served on the company. 299. A company incorporated outside the Colony which has delivered to the Registrar the documents and particulars specified in paragraphs (a), (0) and (c) of section 298 shall subject. to the provisions of the Aliens (Landholding) Ordinance have the same power to hold lands in the Colony as if it were a company incorporated under Us Ordinance. 300. If in the case of any company to which this Part of (his Ordinance applies any alteration is made in- (1) the charter, statute. or memorandum = and arlicle. of the company or any such instrument as aforesaid; or (2) the directors of the company or the particulars contained in the list of the directors; or (3) the names or addresses of the persons authorised to accept service on behalf of the company; |Ch. 31. No. 1. Compantes. the company shall, within twenty-one days after the date on which particulars of the alterations could, in due course of post and if despatched with due diligence, have been received in this Colony from the place where the company ts incorporated, deliver to the Registrar for registration a return containing the prescribed particulars of the alteration. 301. (1) Every company to which this Part) of this Ordinance applies shall in every calendar year make out a balance sheet in such form, and containing such particulars and including such documents, as under the provisions of this Ordinance it would, if it had been a company within the meaning of this Ordinance, have been required to make out and lay before the company in general meeting, and deliver a copy of that balance shect to the Registrar for registration. (2) If any such balance sheet is not written in the English language, there shall be annexed to it a certified translation thereof. 302. Every company to which this Part of this Ordi- nance applies shall (1) in every prospectus inviting subscriptions for its shares or debentures in the Colony state the country in which the company is incorporated; and (2) conspicuously exhibit on very place where tt carrie. on business in the Colony the name of the company and the country in which the company is incorporated, and (3) cause the name of the company and of the country in which the company is incorporated to be stated in legible characters in all bill-heads and letter paper, and in all notice. advertisements, and other official publications of the company; and (4) if the lability of the members of the company is limited, cause notice of that fact to be stated in legible characters in every such prospectus as aforesaid and in all bill-heads, letter paper, notices, advertisements and other official publications of the company in the Colony, and to be affixed on every place where it carries on its business. Balance sheet of company carrying on . business in the Colony. Obligations to state name of company, whether limited, and country where in- corporated. 508 Service on company to which Part X. applies. Deeds exceuted out of the Colony Decds executed in the Colony. Ch. 31. No. 1.| Compantes. 303. Any process or notice required to be served on a company to which this Part of this Ordinance applies shall be sufficiently served ifaddressed to any person whose name has been delivered to the Registrar under this Part of this Ordinance and Jeft at or sent by post to the address which has been so delivered Provided that— (1) where any such company make. default in delivering to the Registrar the name and address of a person resident in the Colony who is authorised to accept on behalf of the company service of process or notice. or (2) if at any time all the persons whose names and addresse. have been so delivered are dead or have ceased so to reside, or refuse to accept service on behalf of the company or for any reason cannot be served; a document may be served on the company by leaving it at or sending it by post to any place of business established by the company in the Colony. 304. (1) Any deed of any company registered under this Part of this Ordinanes which may be executed out of the Colony may be registered in the Colony if executed under the common seal of such company in the presence of one witness at least; and the execution of such deed, and that the seal thereto affixed is the common seal of the company, and that the same was affixed thereto by the authority of the board of directors or managers of such company and in conformity with the articles of association of such company, and the signatures of the directors or managers to any such deed (where such signature. are required by the articles of association of such company) and the signature to such deed of the secretary or other officer by whom such seal may have been affixed, may be proved by the affidavit or solemn declaration of one of such witnesses or of the secretary or other officer affixing such seal, to be sworn or made before a Notary Public or before the Mayor or other Chief Magistrate of any city, town, or borough in the United Kingdom or in any British Possession, and elsewhere before a Notary Public. (2) Every deed made in the Colony on behalf of any such company and executed under the hand of any person Compantes. |Ch. 31. No. 1. empowered, by instrument in writing under the common seal of such company cither generally or in respect of any specified matters, as its attorney to execute deeds on its behalf in the Colony, shall be binding on such company and have the same effect as if. it were under the common seal of the company. 305. If any company to which this Part of this Ordinance applies ceases to have a place of business in the Colony it shall forthwith give notice of the fact to the Registrar, and as from the date on which notice is so given the obligation of the company to deliver any document to the Registrar shall cease: Provided that in case the Registrar is satisfied by any other means that the company has ceased to have a place of business in the Colony it shall be lawful for him to close the file of the company and thereupon the obligation of the company to deliver any document to the Registrar shall cease. 306. If any company to which this Part of this Ordinance applies fails to comply with any of the foregoing provisions of this Part of this Ordinance the company, and every officer or agent of the company, shall be liable to a fine of two hundred and fifty dollars, or, in the case of a continuing offence, twenty-five dollars for every day during which the default continues. 307. lor the purposes of this Part of this Ordinance-- certified ’’ means certified in the prescribed manner to be a true copy or a correct translation; “ director ”’ in relation to a company includes any person in accordance with whose directions or instruc- tions the directors of the company are accustomed to act; “place of business includes a share transfer or share registration office; “ prospectus ’’ has the same meaning as when used in rejation to a company incorporated under this Ordinance. 509 Removin company's name from register. Penalties. Interpre- tation of Part X. 510 Provisions with respect to prospec tuses of foreign companic. inviting subseriptious for shares or offering shares for vale. Ch. 31. No. 1.| ( ompantes. PART Nl RESTRICTIONS ON SALL OF SHARES AND OFFERS OF SHARES FOR SALE. 308. (1) It shall not be lawful for any person— (a) to issue, circulate or distribute in the Colony any prospectus offering for subscription shares in- or debentures of a company incorporated or to be incor- porated outside the Colony, whether the company has or has not established, or when formed will or will not stablish, a place of business in the Colony, unless— (i) before the issue, circulation or distribution of the prospectus in the Colony a copy thereof, certified by the chairman and two other directors of the company as having been approved by resolution of the managing body, has been de- livered for registration to the Registrar ; (i) the prospectus states on the face of it that the copy has been so delivered ; (ii) the prospectus is dated; (iv) the prospectus otherwise complies with this Part of this Ordinance; or (6) to issue to any person in the Colony a form of application for shares in or debentures of such a com- pany or intended company as aforesaid, unless the form is issued with a prospectus which complies with this Part of this Ordinance: Provided that this provision shall not apply if it is shown that the form of application was issued in connection with a bond fide invitation to a person to enter into an underwriting agreement with respect to the shares or debenture. (2) This section shall not apply to the issue to existing members or debenture holders of a company of a prospectus or form of application relating to shares in or debentures of the company, whether an applicant for shares or debenture. will or will not have the right to renounce in favour of other persons, but, subject as aforesaid, this section shall apply to a prospectus or form of application whether issued on or with reference to the formation of a company or subsequently. Companies. |Ch. 31. No. 1. a1] (3) Where any document by which any shares in or debentures of a company incorporated outside the Colony are offered for sale to the public would, if the company concerned had been a company within the meaning of this Ordinance, have been deemed by virtue of section 40 to be a prospectus issued by the company, that document shall be deemed to be, for the purposes of this section, a prospectus issued by the company. (4) An offer of shares or debentures for subscription or sale to any person whose ordinary business or part of whose ordinary business it is to buy or sell shares or debentures, whether as principal or agent, shall not be deemed an offer to the public for the purpose of this section. (5) Section 39 shall extend to every prospectus to which this section applies. (6) Any person who ts knowingly responsible for the issue, circulation or distribution of any prospectus, or for the issue of a form of application for shares or debentures, in contravention of the provisions of this section shall be liable to a fine of two thousand five hundred dollars. (7) In this and the next following section the expressions “ prospectus,” “share.” and “ debenture have the same meanings as when used in relation to company incorporated under this Ordinance. 309. (1) In order to comply with this Part of this Ordi- nance a prospectus in addition to complying with the provisions of sub-paragraphs (i) and (iii) of paragraph (a) of subsection (1) of the last foregoing section must-- (a) contain particulars with respect to the following mit tcTs (i) the objects of the company; (ii) the instrument constituting or defining the constitution of the company; (iii) the enactments, or provisions having the lorce of an enactment, by or under which the incorporation of the company was effccted; (iv) an address in the Colony where the said instrument, enactments or provisions, or copies thereof, and if the same are in a forcign language Kequire- ments as to prospectus. 512 Ch. 31. No. 1.] Companies. a translation thereof certified in the prescribed manner, can be inspected; (v) the date on which and the country in which the company was incorporated ; (vi) whether the company has established a place of busine. in the Colony, and, if so, the address of its office in the Colony: Provided that the provisions of sub-paragraphs (i), (ii), (iii) and (iv) of this paragraph shall not apply in the case of a prospectus issued more than two years after the date at which the company is entitled to commence busine, (b) subject to the provisions of this section, state the mutters specified in Part T. of the Fourth Schedule to (lis Ordinanee (other than those specified im para- eraph 1 oof the said Part [.) and set out the reports specified in Part TH. of that Schedule subject always to the provisions contained in Part TIT. of the said Schedule: Provided that— (i) where any prospectus is published as a newspaper advertisement, if shall be a sufficient compliance with the requirement that the pros- peetus must specify the objects of the company if the advertisement specifies the primary object with which the company was formed; and (i) in paragraph 3 of Part LT. of the said Fourth Schedule a reference to the constitution of the company shall be substituted for the reference to the article. and (ii) paragraph 1 of Part IIT. of that Schedule shall have effect as if the reference to the memo- randum were omitted therefrom. (2) Any condition requiring or binding any applicant for shares or debenture. to waive compliance with any requirement of this section, or purporting to affect him with notice of any contract, document, or matter not specifically referred to in the prospectus, shall be void. (3) In the event of non-compliance with or contra- vention of any of the requirements of this section, a director Com pante. (Ch. 31. No. 1. or other person responsible for the prospectus shall not incur any liability by reason of the non-compliance or contravention, if (a) as regards any matter not disclosed, he prove that he was not cognisant thereof; or (6) he proves that the non-compliance or contra- vention arose from an honest mistake of fact on his part oor (c) the non-compliance or contravention was in respect of matters which, in the opinion of the Court dealing with the ease, were immaterial or were other- wise such as ought, in the opinion of that Court, having regard to all the circumstances of the case, reasonably to be excused: " Provided that, in the event of failure to include in prospectus a statement with respect to the matters con- tained in paragraph 15 of Part T. of the Fourth Schedule to this Ordinance, no director or other person shall incur any Hability in respect of the failure unless it be proved that he had knowledge of the matters not disclosed. (+) Nothing in this section shall limit or diminish any lability which any person may incur under the general law or this Ordinance, apart from this section. 310. (1) It shall not be lawful for any person to go from house to house offering shares for subscription or purchase to the public or any member of the public. In this subsection the expression ‘ house ’”’ shajl_ not include an office used for business purposes. (2) Subject as hereinafter provided in this subsec- tion, it shaJl not be lawful to make an offer in writing to any member of the public (not being a person whose ordinary business or part of whose ordinary business it is to buy or sell shares, whether as principal or agent) of any shares for purchase, unless the offer is accompanied by a statement in writing (which must be signed by the person making the offer and dated) containing such particulars as are required by this section to be included therein and otherwise complying with the requirements of this section, or, in the case of shares in a company incorporated outside the Colony, either by such a statement as aforesaid, T.—IV. 33 513 Restrictions on offering of shares for subscription or sale. 514 Ch. 31. No. 1.] Companies. or by such a prospectus as complies with this Part of this Ordinance: Provided that the provisions of this subsection shall not apply— (a) where the shares to which the offer relates are shares which are quoted on, or in respect of which permission to deal has been granted by, any recog- nised stock exchange in Great Britain and the offer so states and specifies the stock exchange; or (b) where the shares to which the offer relates are shares which a company has allotted or agreed to allot with a view to their being offered for sale to the public; or (c) where the offer was made only to persons with whom the person making the offer has been in the habit of doing regular business in the purchase or sale of shares. (3) The written statement aforesaid shall not contain any matter other than the particulars required by this section to be included therein, and shall not be in characters less large or less legibJe than any characters used in the offer or in any document sent therewith. (4) The said statement shall contain particulars with respect to the following matters— (a) whether the person making the offer is acting as principal or agent, and if as agent the name of his principal and an address in the Colony where that principal can be served with process; (b) the date on which and the country in which the company was incorporated and the address of its office in the Colony; (c) the authorised share capital of the company and the amount thereof which has been issued, the classes into which it 1s divided and the rights of each class of shareholders in respect of capital, dividends and voting ; (d) the dividends, if any, paid by the company on each class of shares during each of the three financial years immediately preceding the offer, and if no dividend has been paid in respect of shares of any Companies. [Ch. 31. No. 1. particular class during any of those years, a statement to that effect; (ec) the total amount of any debentures issued by the company and outstanding at the date of the statement, together with the rate of interest payable thereon; (f) the names and addresses of the directors of the company; (g) whether or not the shares offered are fully paid up, and, if not, to what extent they are paid up; (z) whether or not the shares are quoted on, or permission to deal therein has been granted by, any recognised stock exchange in Great Britain or else- where, and, if so, which, and, if not, a statement that they are not so quoted or that no such permission has been granted; (z) where the offer relates to units, particulars of the names and addresses of the persons in whom the shares represented by the units are vested, the date of and the parties to any document defining the terms on which those shares are held, and an address in the Colony where that document or a copy thereof can be inspected. In this subsection the expression company ’”’ means the company by which the shares to which the statement relates were or are to be issued. (5) If any person acts, or incites, causes or procures any person to act, in contravention of this section, he shall be liable, on summary conviction, to imprisonment for six months or to a fine of one thousand dollars or to both such imprisonment and fine, and in the case of a second or subsequent offence to imprisonment for twelve months or to a fine of two thousand five hundred dollars, or to both such imprisonment and fine. (6) Where a person convicted of an offence under this section is a company (whether a company within the meaning of this Ordinance or not), every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent. 33 (2) 515 5160 Prohibition of partner- ships with more than twenty members, Prohibition of banking partnerships with more than ten mnetnbers, Ch. 31. No. 1.| Compante. (7) In this section, unle. the context otherwise require. the expression share. means the shares of a company, whether a company within the meaning of this Ordinance or not, and includes debentures and units, and the expression unit means any right or interest) (by Whatever name called) in a share, and for the purposes of this section a person shall not in relation to a company be regarded as not being a member of the public by reason only that he is a holder of share. in the company or a purchaser of goods from the company (8) Where any person is convicted in the Colony of having made an offer in contravention of the provisions of this section, the Court before which he is convicted may order that any contract made as a result of the offer shall be void, and, where it makes any such order, may give such consequential directions as it thinks proper for the repay ment of any money or the retransfer of any share. Where the Court make. an order under this subsection (whether with or without consequential directions) an appeal against the order and the consequential directions, if any, shall lie to the Full Court. PART NUIT. MIsScCELLANEQUS., Prohibition of partnershtps with more than twenty member, 311. No company association, or partnership consisting of more than twenty persons shall be formed for the purpose of carrying on any busine. (other than the business of banking) that has for its object the acquisition of gain bv the comp: ny, association, or partnership, or by the indiv idual members thereof, unless it is registered as a company under this Ordinance, or is formed in pursuance of some other Ordinance, or of letters patent. Provistons relating to banks, 312. No company association, or partnership consisting of more than ten persons shall be formed for the purpose ol Companies. |Ch. 31. No. 1. carrying on the business of banking, unless it is registered as a company under this Ordinance, or is formed in pur- suance of some other Ordinance, or of letters patent. Miscellancous offences 313. If any person in any return, report, certificate, balance sheet, or other document, required by or for the purposes of any of the provisions of this Ordinance specified in the Tenth Schedule hereto, wilfully makes a statement false tn-any material particular, knowing it to be false, he shall be guilty of a misdemeanor, and shall be liable on convicuion on indictment to imprisonment for two years and be hable on summary conviction to imprisonment. for four months, and in cither case to a fine in lieu of or in addition to such imprisonment as aforesaid Provided that (a) the fine imposed on summary conviction shall not exceed five hundred dollars; (b) nothing in this section shall affect the provisions of the Perjury Ordinance. 314. If any person or persons trade or carry on. business under any name or title of which ‘ Limited,” or any contraction or imitation of that word, is the last word, that person or those persons shall, unless duly incorporated with limited lability, be liable to a fine of twenty-five dollars for every day upon which that name or title has been used. General provisions as to offences. 315. (1) Where by any enactment in this Ordinance it is provided that a company and every officer of the company who is in default shall be liable to a default fine, the com- pany and every such officer shall, for every day during «. which the default, refusal or contravention continues, be liable to a fine not exceeding such amount as is specified in the said enactment, or, if the amount of the fine is not so specified, to a fine not exceeding twenty-five dollars. (2) For the purpose of any cnactment in_ this Ordinance which provides that an officer of a company 517 Penalty for false statement, Penalty for improper u. of word Limited. Provision with respect to default fines and meaning of officer in default.”’ Ch. 31. No. 1.] Compantee who is in default shall be liable to a fine or penalty, the ‘xpression officer who is in default" means any director, Manager, secretary or other officer of the company, who knowingly and wilfully authorises or permits the default, refusal or contravention mentioned in the enactment. 316. All offences under this Ordinance made punishable by fine may be prosecuted, and such fine may be recovered, in the manner provided by the Summary Courts Ordinance. Service of documents and legal proceedings. 317. \ doeeument may be served on a company by leaving it at or sending it by post to the registered office of the company 318. Where a limited company is plaintitt In any action or other legal proceeding, any Judge having » jurisdiction i in the matter may aif it appears by credible testimony that there reason to believe that the company will be unable to pay the costs of the defendant if successtul in his defence, require sufficient security to be given for these costs, and may stay all proceedings until the SCCUTILV Is given, 319. (1) If any proceeding for negligence, default, breach of duty or breach of trust aginst a person to whom this section applies it appears to the Court hearing the case that that person ts or may be hi uble i in respect of the negh- venee, default, breach of duty or breach of trust, but that he has acted honestly and reasonably and that, having regard to all the circumstances of the case, including those connected with lis appointment, he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that Court may relieve him, either wholly tr partly, from his lability on such terms as the Court may think tit. (2) Where any person to whom this section applic. has reason to apprehend that any claim will or might) be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the Court for relief, and the Court on any such application shall have the same power to reheve him as under this section 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, Sections 10, 113, Ch. 31. No. 1.] Compantes. FIRST SCHEDULE. TABLE A, Regulations for Management of a Company Limited by Shares. Preliminary, In these regulations :— The Ordini sans the Comp: +s Ordinance. When any provision of the Ordinance is referred to, the reference is to that provision as modified by any Ordinance for the time being in force, Unless the context: otherwise require. expressions defined in the Ordinance or any statutory modification thereof in force at the date at which the. regulations become binding on the company, shall hi the meanings so defined, Shares. Subject to the provisions, if any, in that behalf of the memorandum of associition, and without prejudice to any special rights previously conferred on the holders of existing share. any share may be issued with such) preferred, deferred, or other special rights, or such restrictions, Whether in regard to dividend, voting, return of share ¢ ‘apital, or otherwise, as (he company may from time to dime by special resolution determine and any preference share may, with the sanction of a special resolution, be issued on the terms that it is, or at the option of the company liable, to be redeemed. 3. fat any time the share capital is divided into different classes of share. the rights attached to any class (unless otherwise provided by the terms of issue of the shares of that class) mi WW be varied with the consent in writing of the holders of three-fourths of the issued shares of that class, or with the canetion of an extraordinary resolution passed at a separate general meeting of the holders of the shares of the class. To every such separate general meeting the provisions of these regulations relating to general meetings shall mutatis mutandis apply, but so that the necessary quorum shall be two persons at least holding or representing by proxy one-third of the issued shares of the class and that any holder of shares of the class present in person or by proxy may demand a poll, Every person whose name is entered as a member in the register of members shall, without payment, be entitled to a certificate under the ‘aloof the company specifying the share or shares held by him and the amount paid up thereon, provided that in respect of a share or shares held jointly by several persons the company shall not be bound to issue more than one certificate, and delivery of a certificate for a share to one of several joint holders shall be sufficient delivery to all. 5. Ifa share certificate is defaced, lost, or destroyed, it may be renewed on payment of such fee, if any, not exceeding twenty-four cents, and on such terms, ifany, as to evidence and indemnity, as the directors think fit. Companies. [Ch. 31. No. 1. 521 6. No part of the funds of the company shall directly or indirectly be employed in the purchase of, or in loans upon the security of, the company’s shares, but nothing in this regulation shall prohibit transactions mentioned in the proviso to section 47 (1) of the Ordinance. Lien. 7. The company shall have a lien on every share (not being a fully paid share) for all moneys (whether presently payable or not) called or payable ata fixed time in respect of that share, and the company shall also have «tien on all shares (other than fully paid shares) standing registered in the name of a single person for all moneys presently payable by him or his estate to the company; but the directors may at any time declare any share to be wholly or in part exempt from the provisions of this regulation. The Company’s lien, if any, on a share shall extend to all dividends payable thereon. 8. The company may sell, in such manner as the directors think fit, any shares on which the company has a lien, but no sale shall be made unless some sum in respect of which the lien exists is presently payable nor until the expiration of fourteen days after a notice in writing, stating and demanding payment of such part of the amount in respect of which the lien exists as is presently payable, has been given to the registered holder for the time being of the share, or the person entitled thereto by reason of his death or bankruptcy. For giving effect to any such sale the directors may authorise some person to transler the shares sold to the purchaser thereof. The purchaser shall be registered as the holder of the shares comprised in any such transfer and he shall not be bound to see to the application of the purchase money, nor shall his title to the shares be affected by any irregularity or invalidity in the proceedings in reference to the sale. 10, The proceeds of the sale shall be received by the company and applied in payment of such part of the amount in respect of which the lien ¢xists as is presently payable, and the residue shall (subject to a like lien for sums not presently payable as existed upon the shares prior to the ‘ale) be paid to the person entitled to the shares at the date of the sale. Calls on share-. 11. The directors may from time to time make calls upon the members in respect of any moneys unpaid on their shares provided that no call shall exceed one-fourth of the nominal amount of the share, or be payable at less than one month from the last call; and each member shall (subject to receiving at least fourteen days’ notice specifying the time or times of payment) pay to the company at the time or times so specified the amount called on his shares. 12. The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof. 13. If a sum called in respect of a share is not paid before or on the day appointed for payment thereof, the person from whom the sum is due shall 522 Ch. 31. No. 1.] Compantes. pay interest upon the sum at the rate of six per centum per annum from the day appointed for the payment thereof to the time of the actual payment, but the directors shall be at liberty to waive payment of that interest wholly or in part. The provisions of these regulations as to the liability of joint holders and as to payment of interest shall apply in the case of non-payment of any sum which, by the terms of issue of a share, becomes payable at a fixed time, whether on account of the amount of the share, or by way of premium, as ifthe ame had become payable by virtue of a call duly made and notified, The direetors may make arrangements on the issue of shares for a Hilorene e between the holders in the amount of calls to be paid and in the times of payment, 10, The directors may, if they think ft, receive from any member willing to advance the Jame all or any part of the moneys uncalled and unpaid upon any shares held by him, and upen all or any of the moneys so advanced may (until the came would, but for such advance, become presently pavable) pay interest at such rate (not exceeding without the canetion of the company in general meeting, six per cent.) as may be agreed upen between the member paying the sumtin adv and the directors. Transfer and transmission of shares The instrument of transter of any share shall be sxeeuted by er on be I ‘lt of the transferor and transferee, and the transferor shall be deemed torem. a holder of the share until the name of the transferee is entered in the register of menibers in respect thereof, TS. Shoocs shall be transferred in the following form, al or common form which the directors shall approve : LAB. of in consideration of the sum of § paid tome by C2). of (hereinafter called the said transferee") do hereby transfer (o the said) transferee the share fer share. numbered in the undertaking called) the Company Limited, to hold unto the caid: transferee, subject to the several conditions on which PE betd the came: and T, the said transferee, do hereby agree to take the aid share fer share. subject to the conditions aforecatd. As owithe. our hands the day of 19 Witness to the signatures of, ete. 19, The directors may decline to register any transfer of share. not being fully paid share., toa person of whom they do not approve, and may also decline to register any transfer of shares on which the company hi adien. The directors may also suspend the registration of transfers during the fourteen days immediately preceding the ordinary general meeting in each year. The directors may decline to recognise any instrument of transfer une. (a) a fee not exceeding sixty cents is paid to the cempany in respect thereof, and Compantes, [Ch. 31. No. 1. (6) the instrument of transfer is accompanied by the certificate of the shares to which it relate, and such other evidence as the directors may reasonably require to show the right of the transferor to make the transfer, If the directors refuse to register a transfer of any shares, they shall within two mouths alter the date on which the transfer was lodged with the company send to the transferee notice of the refusal. 20, The legal personal representatives of a deceased sole holder of acshare shall be the only persons recognised by the company as having any title to the share. In the case of a share registered in the names of two or more holders, the survivors or survivor, or the legal: personal representutives of the deceased survivor, shall be the only persons mens by the company as having any title to the share. Any person becoming entitled te a share in consequence of the de ath or bankrupte yofa member shall upon such evidence being produced as may from time to time be properly required by the directors, have the right, cither to be registered as a member in respect of the share or, instead of being registered himself, to make such transfer of the share as the deceased or bankrupt person could have made; but the directors shall, in etther case, have the same right to decline or suspend registration as they would have had in the case of a transfer of the share by the deceased or bankrupt person before the death or bankruptey. A person becoming entitled to a share by reason of the death or hankruptey of the holder shall be entitled to the same dividends and other addvantages to which he would be entitled if he were the registered holder of the share, except that he shall not, before being registered as a meniber respeet of Che share, be entitled in respect of tt to exercise any right conferred by membership in relation to meetings of the company, Forfetture of share. Tfa member fails to pay any call or instalment of a call on the day apgainted for payment thereof, the directors may, at any time thereafter during such dime as any part of such call or instalment remains unpaid, serve a notice on him requiring payment of so much of the call or instal- Ment as is unpaid, together with any interest which may have acerued. The notice shall name a further day (not earlier than the expiration of fourteen days from the date of the notice) on or before which the payment required by the notice is to be made, and shall state that in the -vent of non-payment at or before the time appointed the shares in respect of which the call was made will be liable to be forfeited. 25. If the requirements of any such notice as aforesaid are not complied with, any share in respect of which the notice has been given may at any time thereafter, before the payment required by the notice has been made, he forfeited by a resolution of the directors to that effect. 26. A forfeited share may be sold or otherwise disposed of on such terms and in such manner as the directors think fit, and at any time before a sale Ch. 31. No. 1.] Compante, or disposition the forfeiture may be cancelled on such terms as the directors think fit. 27. A person whose shares have been forfeited shall cease to be a member in respect of the forfeited share. but shall, notwithstanding, remain liable to pay fo the company all moneys which, at the date of forfeiture, were presently payable by him to the company in respect of the shares, but lis hability shallees ifand when the company receive payment in full of the nominal amount of the sh. 28. A statutory declination in writing that the declarant is a direetor of the company, and that ashare ia the company has been duly forfeited ontdate stated in the declaration, shall be conclusive evidence of the lacts there stated as against all persons claiming (o be entitled to the share, Phe company may reecive the consideration, fanny, given for the share on cany cale or disposition thereof and may execute a trauster ef the share tu favour of the person to whom the share is sold or disposed of and he sali thereupon be registered as the holder of the share, and shall not be bound to sce to the appheation of the purchase money, if any nor shall his title to the share be affected by any irregularity or Wvalidity in the proceedings | in reference to the forfeiture, cate or disposal of (he share, The provistons of the, regulations as to forfeiture shall apply in the ofhon payment obany sum which, by the terms of issue of a share becomes payable ata tived dime, whether on acconnt af the amount of the share ar by way of premium, as tithe came lid been payable by virtue of call duly made and notilied, The company nia by odin: ‘solution convert any paid-up share info stock, and teconvert ock into paid-up shares of any denomination, 31. he helders of stock may transfer Che aime, or any part thereof, in the samme manner, and subject to the same regubitions, as ind subject to which, the sh. os from which the stock arose might previously to conver- sion have been transterred, or as near Chereto as cireumstanee. admit: but the directors may from time fo time fix the minimum amount: of stock transferable, and restiet or forbid the transfer of fractions of that minimum, but the minimums shall not cxceed the nominal amount of the shates from which the stock arose. 32. Phe holders of steck shall, according to the amount of the stack held by them, have the same cights, privilege. and advantage. as regards dividends, voting at meetings of the company and other matters as if they held the share. from which the stock arose, but no such privilege or advantage (except parteipation ino the dividends and) profits of the company) shall be conferred by any such aliquot: part of stock as would not, if existing in share, have conferred that privilege or advant: Such of the regulations of (he comparry as are applic able to paid up shares shall apply to stock, and the words “share "and ‘shareholder ’ therein shall include stock " and stock-holder.” Compante. |Ch. 31. No. 1. Alteration of capital, The company may from time to time by ordinary resohition inerease the the ire capital by such sum, to be divided into shares of sueh amount, as the resolution shall preseribe, 35, Subject to any direction to the contrary that may be given by the company in general meeting, all new shares shall, before issue, be offered fo such persons as at the date of the offer are entitled to receive notices fram the company of gencral mechngs in, proportion, as nearly as the ciremmstances admit, to the amount of the existing shares to which they are entitled, The offer shall be made by notice specifying the number of shares offered, and limiting a Gime Within which the offer, if not accepted, will be deemed to be dechned, and after (he expiration of that time, oron the receipt ofan intimation from the person to whons the offer is made that he declines to accept the shares offered, the directors may dispose of those shares in such manner as they Chink most beneficial to the company. The directors may likewise so dispose of any new shares which (by reason of the ratio which the new shares bear lo shares held by persons entitled to an offer of new shares) cannot, inthe opinion of the directors, be convenic nily offered under this article, 46, The new share. shall be subject to the came provisions with reference fo the payment of calls, lien, Cransfer, Cransntission, forfeiture, and otherwise as the shares in the original share capital. The company may by ordinary resolution (@) consolidate and divide allor any ofits shi capital into share. of larger amount than its existing share (4) sub-divide its existing share., or any of them into shares of stnaller amount than is fixed by the memorandum of association, subject: nevertheless, (othe provisions of section 52 (1) (ad) of the Ordinance. (c) cancel any shares which, at the date of the passing of the solution, have not been taken or agreed to be taken by any person, The company may by special resolution reduce its share capital and any epi U redemption reserve fund in any manner and with, and subject to, any incident authorised, and consent required, by law. General mectings. 39, A general meeting shall be held once in every calendar year at such time (not being more than fifteen months after the holding of the last preceding general meeting) and place as may be prescribed by the company in general meeting, or, in default, at such time in the third month following that in which the anniversary of the company’s incorporation occurs, and at such place, as the directors shall appoint. In default of a general meeting being so held, a general meeting shall be held in the month next following, and may be convened by any two members in the same manner ats nearly as possible as that in which meetings are to be convened by the directors. The above-mentioned general meetings shall be called ordinary 526 Ch. 31. No. 1.] Compantes. general meetings; all other general meetings shall be called extraordinary reneral meetings. The directors may, whenever they think fit, convene an extra- ordinary general meeting, and extraordinary general meetings shall also be convened on such requisition, or, in default, may be convened by such requisitionists, as provided by section 112 of the Ordinance. If at any time there are not in the Colony sufficient directors capable of acting to form a quorum, any director or any two members of the company may convene an extraordinary general meeting in the same manner as nearly as possible as that in which meetings may be convened by the directors. Notice of general meeting, 42. Subject to the provisions of section 115 (2) of the Ordinance relating to special resolutions, seven days’ notice at the least (exclusive of the day on which the notice is served or deemed to be served, but inclusive of the day for which notice is given) specifying the plac the day, and the hour of mee ting and, in case of special business, the general ature of that business shall be given in manner hereinafter mentioned, or in such other manner, i any, as may be preseribed by the company in general meeting, to such persons as are, under the regulations of the company, entitled to receive such notices from the company; but with the consent of all (he members entitled to receive notice of some particular iceting, that meeting may be convened by such shorter notice and in uch manner as those members may think tit. The accidental omission to give notice of a meeting to, or the noaeyoeeit of a notice of a meeting by, any member shall not invalidate the proceedings at any meeting. Proceedings at general mectings. ‘Ad. AM business shall be deemed special that is transacted ato an Ntraordinary meeting, and all that is transacted at an ordinary meeting, with the exception of sanctioning a dividend, the consideration of the accounts, balance sheets, and the ordinary report of the directors and auditors, the election of directors and other officers in the place of those retiring by rotation, and the fixing of the remuneration of the auditors. 45. No business shall be transacted at any general meeting unless ® quorum of members is present at the time when the meeting proceeds to business; save as herein otherwise provided, three members personally present shall be a quorum. 46. Tf within half an hour trom the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; in any other case it shall stand adjourned to the ‘ame day in the next week, at the same time and place, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum, 47. The chainman, if any, of the board of directors shall preside as chairman at every general mecting of the company. Compantes. [Ch. 31. No. 1. 48. If there is no such chairman, or if at any meeting he is not present within fifteen minutes after the time appointed for holding the mecting or is unwilling to act as chairman, the members present shall choose some one of their number to be chairman. 49. The chairman may, with the consent of any mecting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for ten days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned mecting. 50. At any general meeting a resolution put to the vote of the mecting shall be decided on a show of hands, unless a poll is (before or on the declaration of the result of the show of hands) demanded by at least three members present in person or by proxy entitled to vote or by one member or two members so present and entitled, if that member or those two members together hold not less than 15 per cent., of the paid up capital of the company, and, unless a poll is so demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the book of the proceedings of the company, shall be conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution. SI. Ifa poll is duly demanded it shall be taken in such manner as the chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. 52. In the case of an equality of votes, whether on a show of hands or on a poll, the chairman of the mecting at which the show of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote. 53. A poll demanded on the election of a chairman or on a question of adjournment, shall be taken forthwith. A poll demanded on any other question shall be taken at such time as the chairman of the meeting directs. Votes of members. 5+. On a show of hands every member present in person shall have one vote. On a poll every member shall have one vote for each share of which he is the holder. 55. In the case of joint holders the vote of the senior who tenders a vote whether in person or by proxy, shall be accepted to the exclusion of the votes of the other joint holders; and for this purpose seniority shall be determined by the order in which the names stand in the register of members. 56. A member of unsound mind, or in respect of whom an order has been made by any court having jurisdiction in lunacy, may vote, whether 527 528 Ch. 31. No. 1.] Companies. on a show of hands or on a poll, by his committee, or other person in the nature of a committee appointed by that court, and any such committee or other person, may on a poll, vote by proxy. 57, No member shall be entitled to vote at any general meeting unless all calls or other sums presently payable by him in respect of shares in the company have been paid. 58. Ona poll vote. ay be given either personally or by proxy. 59, The instrament appointing a proxy shall be in writing under the hand of the appointor or of lis attorney duly authorised in writing or, if the appointor is a corporation, cither under seal, or under the hand of an officer or attorney duly authorised. A proxy need not be a member of the company. 60. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered oltice of the company not less than forty-cight hours before the time for holding the meeting or adjourned meeting, at which the person named in the instrument proposes to vote, and in default the instrument of proxy shall not be treated as valid, 61. An instrument appointing a proxy may be in the following form or any other form which the directors shall approve: Company, Limited. I, , of , being a member of the Company, Limited, hereby appoint of , as my proxy, to vote for me and on my behalf at the [ordinary or extraordinary, as the case may be] general meeting of the company to be held on the day of 19 , and at any adjournment thereof.” Signed this day of 19 62. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll. Corporations acting by representatives at meetings. 63. Any corporation which is a member of the company may by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the company or of any class of members of the company, and the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents as that corporation could exercise if it were an individual member of the company. Directors. 64. The number of the directors and the names of the first directors shall be determined in writing by a majority of the subscribers of the memorandum of association, 65. The remuneration of the directors shall from time to time be determined by the company in general meeting. ( ompante. {Ch. 31. No. 1. ob. The qualification of a director shall be the holding of at le: share in the company Powers and duties of directors. 67. The business of the company shall be managed by the directors, who may pay all expenses incurred in getting up and registering the company, and may exercise all such powers of the company, as are not, by the Ordinance, or by the. article. required to be exercised by the company in general meeting, subject, nevertheless, to any regulation of the article, to the provisions of the Ordinance, and to such regulations, being not inconsistent with the aforesaid: regulations or provisions, as may be prescribed by the company in general meeting, but no regulation made by the company in general meeting shall invalidate any prior act of the dircetors whieh would have been valid if that reentation had not been made. 6s, Phe directors may from time to time appoint one or more of their body to the office of managing dircetor or manager for such term and at such remuneration (whether by way of salary, or commission, or participa- tion in profits, or partly in one way and partly in another) as they may think fit, and a director so appointed shall not, while holding that oflice, be subject to retirement by rotation, or Gaken into account in determining the rotation or retirement of directors; but his appointment: shall be subject to determination tpse facto if he ceases from any cise to be a director, or if the company in general meeting resolve that his tenure of the office of managing director or manager be determined. 69. The amount for the time being remaining undischarged of moneys borrowed or raised by the directors for the purposes of the company (otherwise than by the issue of share capital) shall not at any time exceed the issued) share capital of the company without the sanction of the company in general meeting. 70. The direetors shall ci minutes to be made in books provided for the purpose (a) of all appointments of officers made by the directors, (6) of the names of the directors present at each meeting of the directors and of any comunittee of the directors ; (c) of all resolutions and proceedings at all meetings of the company, and of the directors and of committees of directors, and every director present at any mecting of directors or committee of directors shall sign his name in a book to be kept for that purpose. The seal. 71. The seal of the company shall not be affixed to any instrument except by the authority of a resolution of the board of directors, and in the presence of a director and of the secretary or such other person as the directors may appoint for the purpose; and that director and the secretary or other person as aforesaid shall sign every instrument to which the seal of the company is so affixed in their presence. T.--1V, 34 529 530 Ch. 3t. No. 1.| Compante Disqualification of director Phe of director shall be cated. if Che direetor— (a) ceases to be a director by virtue of section 139 of the Ordin: (2 without the consent of the company in general meeting holds any other office of profit under the company except that of managing thtector of manager; or c) becomes bankrupt, or VA becomes prohibited from: being a director by reason of any order made under sections 206 or 260 of the Ordinance: or (¢) is found to be or becomes of unsound mind; (/) resigns his ofttce by notice in writing to the company ; (g) is) directly or indirectly interested ino any contract with the company or participates in the profits of any contract with the company : Provided however, that a director shall not vacate his office by reason of fis being a member of any corporation which has entered into contracts with = done any work for the company if he shall have declared the nature of his interest in manner requite dl by section 147 of the Ordinance, but the director shall not vete tm respect of any such contract or work or any matter arising thereout, and if he does so vote his vete shall not be counted. Rotativc:: -. 73. Ai the first ordinary general meeting of the company the whole of the direetors shall retire from offices, and at the ordinary general meeting in every subsequent year one-third of the direetors for the time being, or, it their number is not three or multiple of three then the number nearest one-third, shall retire trom oflice 740 The divectors to retire ievery | oar shall be those whe have been longest in-office stuee their last election but as between persons who became directors on the ame day those to retire shall Qinles they otherwise wineng themselves) be determined by lot 75. Acetiring director shall be eligible for re-election. 76. The company at the general meeting at which a director retires in manner aforesaid may Gl up the vacated ollie ¢ by electing a person thereto and in default the retiring director shall be deemed to have been re-elected unle.. at such meeting if ts resolved not to fill up such vacated ofice. the company may from time te (ime in general meeting increase or reduce the number of directors, and may also determine im what rotation the inereased or reduced number is to go out of ollice. TS. Any castial vacaney occurring in the board of directors may be filled up by the directors, but the person so chosen shall be subject to retirement at the same time as if he had become a director on the day on which the director in whose place he is appointed was last elected a director. Companies. [Ch. 31. No. 1. 531 Phe directors shall have power at any time, and from time to time, to appoint a person as an additional director who shall retire from office at the next following ordinary general meeting, but shall be eligible for election by the company at that meeting as an additional director. 80. The company may by extraurdinary resolution remove any director before the expiration of his period of office, and may by an ordinary resolution appoint another person in his stead. “The person so appointed shall be subject to retirement at the same time as if he had become adirector on the day on which the director in whose place he is appointed was list elected a director. Proceedings of directors, SL. Che directors may meet together for the despatch of busine adjourn, and otherwise regulate their meetings, as they think fit. Questions arising at any meeting shall be decided by a majority of votes. In case of an equality of votes the chairman shall have a second or casting vole. A director may, and the secretary on the requisition of a director shall, at any time summon a meeting of the directors. The quorunt necessary for the transaction of the business of the directors may be fixed by the direetors, and unless so tixed shall when the number of directors exceeds three be three, and when the number of directors does not exceed three, be two. ~ The continuing directors may act notwithstanding any vacancy in their body, but, if} and so long as their number is reduced) below the number fixed by or pursuant to the regulations of the company as the necessary quorum of directors, the continuing directors may act for the purpose of increasing the number of directors to that number, or of summoning a general meeting of the company, but fur no other purpose, M4. The directors may elect a chairman of their meetings and determine the period for which he is to hold oflice, but if no such chairman is elected, or ifat any meeting the chairman is not present within five mite. after the time appointed for holding the same, the directors present may choose one of their number to be chairman of the meeting. 85. The directors may delegate any of their powers to committees consisting of such member or members of their body as they think fit; any committee so formed shall in the exercise of the powers so delegated comfort te any regulations that may be imposed on it by the directors. so. A conmnittee may elect a chairman of its meetings; if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the time appointed for holding the same, the members present may choose one of their number to be chairman of the meeting, 87) A committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the tucmbers present and in case of an equality of votes the chairman shall have a second or casting vote. 88. Allacts done by any meeting of the directors or of a committee of directors, or by any person acting as a dire-tor, shall, notwithstanding that 34 (2) 532 Ch. 31. No. 1.] Compante. it be afterwards discovered that there was some defect in the appointment of any such director or person acting as aforesaid, or that they or any of them were disqualified, be as valid as if every suc h person had been duly appointed and was qualified to be a director Dividends and re, The company in ‘al meeting may declare dividends, but dividend shall exceed the amount recommended by the directors. 90. The directors may from time time pay to the members such interim dividends as appear to the directors to be justified by the profits of the company OI. No dividend shatl be paid otherwise than out of protits. Subject to the rights of persons, if anv, entitled to shares with special rights to dividends, all dividends shall be declared and paid according fo the amounts paid on the share. bat if and so long as nothing is pad upon any of the shares in the company dividends may be declared and paid: according to the amounts of the share. | No amount paid on ashare in advance of calls shall, while carrying interest, be treated for the purposes of this article as paid on the share. 03. The directors may, before recommending any dividend, set aside out of the profits ef the company such sums as they think proper as a reserve. or reserves which shall, at the discretion of the directors, be applicable for meeting contingencie. for equalising dividends, or for any other purpose to which the profits of the company may be properly applied, and pending such application may, at the like discretion, either be employed) in the business of the company ot be invested tw such investinents (other than shooos of the company) the directors may from time te time think fit. 94, Th several persons are registered as joint holders of any share, any of them may give effectual receipts for any dividend or other moneys nv In respeet of the share Any dividend may be patd by cheque or warrant sent through the post to the registered address of the member or person entitled thereto or in the case of joint holders to any one of such joint holders at his registered address or fo such person and such address as the member or person entitled or such joint holders as the case may be may direct. Every such cheque or warrant shall be made payable to the order of the person to whom it is sent or to the order of such other person as the member or person entiMled or such joint holders as the case may be may direct. 96. No dividend shall bear interest against the comp: Accounts, 97) The directors shall ci proper books of account to be kept with ‘spect to all sums of money received and expended by the company and the atters in respect of which the receipt and expenditure takes place; all sales and purchases of goods by the company; and the assets and liabilities of the company. Compante, {|Ch. 31. No. 1. Os. The books of ccount shall be kept at the registered office of the company, or at such other place or places as the directors think fit, and shall always be open to the inspection of the dire stors. 99, The directors shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the company or any of them shall be open to the inspection of members not being directors, and no member (not being a director) shall have any right of inspecting any account or book or document of the company except as conferred by Ordinance or authorised by the directors or by the company in general meeting. 100. The directors shall from time to time in accordance with section 121 of the Ordinance, cause to be prepared and to be laid before the company in general meeting such profit and loss accounts, balance sheets and reports are referred to in that section, OL) A copy of every balance sheet (including every document required by law to be annexed thereto) which is to be laid before the company in general meeting together with a copy of the auditors’ report shall not less than seven days before the date of the meeting be sent to all persons entitled to receive notices of general meetings of the company. cLadit, 102. Auditors shall be appointed and their dutie. regulated accordance with sections 130, 131 and 132 of the Ordinanee. Notice, 103. A notice may be given by the company to any member either personally or by sending it by post to him to his registered address, or (if he has no registered address in the Colony) to the address, ifany, in the Colony supplied by him to the company for the giving of notices to him. Where a notice is sent by post, service of the notice shall be deemed to be elfected by properly addressing, prepaying, and) posting a letter containing the notice, and to have been effected in the case of a notice of a meeting at the expiration of 24+ hours after the letter containing the same is posted, and in any other case at the time at which the letter would be delivered in the ordinary course of post. 104. [fa member has no registered address in the Colony and has not supplicd to the company an address in the Colony for the giving of notices to him, a notice addressed to him and advertised in a daily newspaper circulating in the Colony, shall be deemed to be duly given to him at noon on the dav on which the advertisement appears. 105. A notice may be given by the company to the joint holders of share by giving the notice to the joint holder named first in the registe of members in respect of the share. 106. A notice may be given by the company to the persons entitled to a share in consequence of the death or bankruptcy of a member by sending it through the post in a prepaid letter addressed to them by name, or by the title of representatives of the deceased, or trustec of the bankrupt, or by any like description, at the address, if any, within the Colony supplied for the purpose by the persons claiming to be so entitled, or (until such an 533 534 (Section 14) Ch. 31. No.1. Com pante, address has been so supplied) by giving the notice im any manner in which the same might have been given if the death or bankruptey had not occurred, 107. Notice of every general meeting: shall be given in some manner herembefore authorised to (a) every member except those members who (having no registered address in the Colony) have not supplied to the company an address in the Colony for the giving of notices to them, and also to (6) every person entitled to a share in consequence of the death or bankruptey of a member, who, but for his death or bankruptcy, would be entitled to receive notice of the meeting. No other persons shall be entitled to receive notices of general meetings. Tanrr B, Form of Memorandum of Association of a Company Limited by Shares. Ist. The name of the comp: The Eastern Steam Packet Com- pany, Limited.” 2nd. The registered office of the company will be situate in Trinidad. ! pan) 3rd. The objects for which the company is’ established are, the conveyance of passengers and goods in ships or boats between such places as the company may from time to time determine, and the doing all such other things as are incidental or conducive to the attainment of the above object. 4th. The liability of the members is limited. Sth. The share capital of the company is two hundred thousand dollars divided into one thousand shares of two hundred dollars each. WE, the several persons whose names and addresse. are subseribed, are desirous of being formed inte a company, in pursuance of this memorandum of association, and we respectively agree to take the number of shares in the capital of the company set opposite our Tespective names, Number of shares Names, Addresses and Descriptions taken by each of Subscribers. Subscriber. L. John Jones of Merchant 200 2. John Smith of 25 3. Thomas Green of 30 4. John Thompson of 40 5. Caleb White of 15 o. Andrew Brown of 5 7 Caesar White of 10 Votal shi os taken 325 Dated the day of 19 Witness to the above signatures, A.B. No. 513, Frederick Street, Port-of-Spain, Trinidad. ( ompante. [|Ch. 3. No. 1. Form of Memorandum and Articles of Association of a Company Limited by Guarantee, and not having, a Share Capital. Memorandim of Association, Ist. Phe name of the comps The Port-of-Spi \ssocia- tion, Limited.” 2nd. The registered office of the company will be situate Prinidad. 3rd. The objects for which the company is established are the carrying en at school for boys in the City of Port-ol-Spain and the doing all such other (hings as incidental or conducive to the attainment of the wbove object. 4th. The hability of the members is limited. Sth. Every member of the company undertakes to contribute to the assets of the company in the event of its being wound up while he is a member, or within one year afterwards, for payment of the debts and liabilities of the company contracted before he ceases to be a member, and the costs charges and expenses of winding up and for the adjustment of the rights of the contributories among themselves, such amount as may be required not exceeding fifty dollars. We, the several persons whose names and addresses are subscribed, sue desirous of being formed into a company, in pursui of this memorandum of association. Names, Addresses and Descriptions of Subscribers. 1 John Jones of Schoolmaster. 2. John Smith of 3. Thomas Green of 4. John Thompson of 5. Caleb White of 6. Andrew Brown of 7. Caesar White of Dated the day of 19 Witness to the above signatures, A.B. No. 513, Frederick Street, Port-of-Spain, Trinidad. Articles of Association to Accompany Preceding Memorandum of Association. Preliminary. 1. In these regulations: The Ordin cans the Comp: +s Ordinance. When any provision of the Ordinauce is referred to the reference is fo such provision as modified by any Ordinance for the time being in force. Unless the context otherwise requires, expressions defined in the Ordinance or any statutory modification thereof in force at the date at which these regulations become binding on the company, shall have the meanings so defined. 535 ‘ection 13.) 530 Ch. 31. No. 1.] ( ompunte. Memthers, The number of members with which the company proposes to be registered is 500, but the directors may from tite to time register an increase Of Members, The subseribers to the memorandum of association and such other persons as the directors shall admit te membership shall he menibers of the compi General meetings. The tirst general meeting shall be held at such Gime, not beme Te than one month nor more than three months alter (he incorperadion of the company and at such place, as the directors may determine. 4. A general meeting shall be held once tn every calendar year at such tine (not being more than fifteen months after the holding of the last preceding general mee etn andl place as may be preseribed by the company Ingenerabmecting, or de detvult, at such time in the third month followme that in which the anniversary of the company’s tneorporation occurs, and af such place as the directors shalbappoint. Ladefault ofa general meeting being se held, a general meeting shall be held in the mouth nest following, wnd may be convened by any two members in the ame miner as neatly as possible as that in which meeting. are to be convened by the directors. 6, The above mentioned general meetings shall be called) ordinary general meeting. all other general meetings shall be called extraordinary al meeting, Che divectors may whenever they think ft, convene an extraordinary UWoomeetmg, and oxtraordinary general meeting. shall alsa be convened on such requisition, or, th default, may be convened by such requisilionists, as provided by section 112 of the Ordinance. Hf at any fame there hot in the Colony sufficient directors capable of acting to form quorum, anv director or any (wo members of the company oi convene ame tiavordinary general meeting in the came manner as nearly as possible as that in which mee tings may be convened by the directors. \ tle’ Mevting. subject to the provisions of section 115 (2) of the Ordinance reiting to special resolutions, sever days notice wt the least (exclusive of the dav on Wintel the notiee is served or deemed to be served, but inclusive of the day for whieh notice given) specifving the place, the day, and the hour of meeting ud, in of special busine. che generab nature of that business shall be given in manner hereinatter mentioned, in such other manner thny as may be prescribed: by the company in general meeting, to such persons are, under the regulations of the company, entitled to receive such notices trom: the company but with the consent of all the members entitled to receive notice of some particulier meeting, that meeting aay be convened by such shorter notice and in such manner those menmibe av think tit The sectdental omission to give womeeling to, or the nen receipt of notice ob meeting by shall net) calidate proceediu: at any meeting. Proceedings al General Mectine. AI business shall be deemed) specitlh that as transaeted at Compante. [Gh. 31. No. 1. ‘xtraordinary meeting, and all that is transacted at an ordinary meeting, with the exception of the consideration of the accounts, balance sheets, and the ordinary report of the directors and auditors, the election of directors and other officers in the place of those retiring by rotation, and the tixing of the remuneration of the auditors. It No business shall be Cransacted at any general meeting unless. quorum of members is present at the time when the meeting proceeds to business, save as herein otherwise provided, three menibers: personally present shall be a quorum, 12. Tf within halfian hot from the time appotited for the me sting a querti is not present, the meeting, if convened upon the requisition ofinembers, shall be dissolved, inany other case it shall stand adjourned to the came day in the next week, at the came time and place, and if bo the adjourned meeting a quorum is not present: within half an hour from the fime appointed for the meeting Che menibers present shall be quorum, 13. The chairman, if any, of the board of directors: shall preside chairman at every general meeting of the company HoT there is no such chairman, bat any meeting le is net present within tiftecn minute. after the dime appointed for holding the meeting or is unwilling to aet as chairman, the members present: shall choose some of their number to be chairman, 15. Phe chairman may, with the consent of any meeting at which quorum is present (and shall if so direeted by the meeting), adjourn the meeting from time to time and from pkice to place, but no business shall be Cransacted at any adjounred meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for ten diays or more, notice of the adjourned meeling shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting. lo. Atany general meeting a resolution put to the vote of the meeting shall be decided on it show of hands, unless a poll ts (before or on the declaration of the result of the show of hands) demanded: by at least two members present in-person or by proxy entitled to vote and unless a poll isso demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the book of the proceediness of the company shall be conclusive evidence of the fact, without prool of the number or proportion of the votes recorded in favour of, or against that resolution. 1 Tha poll is duly demanded it shall be taken in such manner as the chairman directs, and the result ef the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. IS. Inthe case ofan equality of votes, whether ona show of hands or a poll, the chairman of the meeting at which the show of hands takes place or at which the poll is demanded, shall be entitled to a seeond ot casting vote, 537 Gh. 31. No. t.} Compante. 10. A poll demanded on the election of a ehaitmian. er on a question at adjournment, shall be taken forthwith. A poll demanded on any other question shall be taken at such time the chairman of the meeting directs. I otes of member. Byer. member shall he 210 Amentber of unsound mind, or in tespeet of whom aieorder lias been ade Dy any court having jurisdiction in lunacy, may vote, whether on aweshow of liinds or pall, by his committee or other person in the nature of a committee appomted by that court, and any such committee or other person may ona poll, vote by proxy, 22. No mentber shall be entided to vote at any general meeting uule. all moneys presently payable by him to the company have been paid Ona poll vote. ay be given either personally or by proxy The instrument appointing proxy shall be in writing under the hand of the appointor or of his attorney duly authorised in writing, or il the appointor © a corporation, either under the seal, or under the hand ofanooMicer attorney authorised. A proxy need not be a mentber of the comp: 25, Vhe instrument appointing a proxy and the power of attorney or other authority, if any under whieh it is signed or a notarially certitied copy of that) power ov authority: shall be deposited at the registered office of the company not le than forty-eight hours before the time tor holding the meeting or adjourned meeting at which the person named the instrument propose. te vote, and in default the instrument ol proxy shall not be treated as valtcl. 26. An instrument appotiting a proxy mity be in the following form, anyother forum which the directors shall approve: Company Linuted. I ot being a member of the Company, Limited, hereby appoint al as my proxy to vote for me and on my behalf at the jordinary or extraordinary, as the case may bel general meeting of the company to be held on the day of 19 and at any adjournment thereof.” Signed this dav at 19 27, The instrument appointing a proxy) shall be deemed confer authority to demand or join in demanding a poll, orporations acting by representatives at mectings. 28. Any corporation whieh is member of the company may by resolution of its directors or ofher governing body authorise such person as it thinks fit to act as ifs representative at any meeting of the company ancl the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents that corporation could exercise if it were an individual member of the company Directors. 20. The aumber of directors and the mames of the first directors shall be determined inwriting by a majority of the subscribers (o the memorandum, Compante, | Ch. 31. No. 1. Phe remuneration of the direetors shall from) time to be determined by the company in general meeting. Powers and duties of directors, 400 The business of the company shall be managed by the directors, who may pay all expenses incurred in getting up and registering the company, and may exercise aii such powers of the company as are not, by the Ordinance, or by these article, required to be exercised by the company mw general meeting, subject neverthele. to any regulation of these articles, Co the provisions of the Ordinanee, and to such regulations, being not tieonsistent with the aforesaid regulations or provisions, as may be prescribed by the company in general imecting, but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if that regulation had uot been made The directors shall c: sto be made in books provides the purpose-- (a) of all appointments of oficers made by the directors, (6) of the names of the directors present at each meeting of the clirectors and of any committee of the directors, (c) of all resolutions and = proceedings at) all) meetings of the company, and of the directors, and of conunittees of directors; and every director present at any meeting of directors or committee of directors shall sign his name ina book to be kept for that purpose. The seal, The seal of the company shall not be atlixed: to any instrument exe cept by the authority of a resolution of the board of directors, and in the presence of a director and of the secretary or such other person as the directors may appoint for the purpose; and that director and the secretary or other person as aforesaid: shall sign every instrument) to which the cabof the company is so affixed in their presence. Disqualifications of directors, 44. The oflice of director shall be cated, if the director (a) without the consent of the company in general meeting holds any other office of profit under the company — or (6) becomes bankrupt; (c) becomes prohibited from being a director by reason of any order ade under sections 206 or 260 of the Ordinance, or (¢) is found to be or becomes of unsound mind, (c) resigns his office by notice in writing to the company ; 0 (f) is directly or indirectly interested in any contract with the company and fails to declare the nature of his interest in manner required by section 147 of the Ordinance. A director shall not vote in respect of any contract in which he is interested or any matter arising thereout. and if he does so vote hts vote shall not be counted. 539 540 Gh. 31. No. 1.| Compante, Rotation of direc 45. At the trst ordinary general meeting of the company the whole ot the directors shall retire from office, and at the ordinary general meeting in every subsequent year one-third of the directors for the time being, or, if their number is nol three or a multiple of three, then the number nearest one-third, shall retire from office 36. The directors to retire in every year shall be those who have been longest, in offee since their last election but as between persons who became directors on the same day those to retire shall (unless they other agree among themselves) be determined by lot \ retiring director shall be eligible for re-election, 38. Phe company at the general meeting at which a director retires m manner aforesatd may flap the vacated office by electing a person thereta andin defantt the retiring diteetor shall be deemed to have heen re-elected unle. at such meeting it is resolved not to fll up such vacated office. 390 Phe company may from time to Cine in general meeting merease 01 reduce the number of directors, and may also determine in what rotation the increased or reduced number is to go out of office 400 Any costal vacaney occurring in the board of directors may be filled up by the directors but the person so chosen shall be subject to retirement af the came time as if he had become a director on the day on which the director in whose place he appointed was last elected a director. 41 Phe chreetors shall have power at any time, and from time to time to appoint a person an additional director who shall retire from office at the next following ordinary general meeting, but shall be eligible for election by the company at that meeting as an additional direetor 42. The company may by extraordinary resolution remove any director before the expiration of his period: of offee, and may by an ordinary resolution appotnt another person in his ste ad. The person so appointed shall be subject to retirement at the same time as if le had) become adireeter on the day on whieh the director in whose place he appointed was List elected a director Proceedings of director 130 Vhe ditectors cet logether tor the despatel of business, adjourn, and otherwise regulate their meetings, as they think ft. Questions arising af any meeting shall be decided by a majority of vote. Tn case ofan equality of vetes the chairman shall have a second or casting vote A director ay, and the secretary on the requisition of a director shall, at any (ime summon a meeting of (he directors. 440 Phe quorum nece. ary fer the transaction of the business of the directors may be fixed by the directors, and unless so fixed shall, when the number of directors exteed three, be three and shall, when the number of directors docs not exceed three be two. The continuing directors may act notwithstanding any vacaney im hein 1 body, but, if and so tong as their number is reduced below: the Compante, |Gh. 31. No.1, number tived by oor pursuant to the regulations of the company as the neee ary quorum of direetors, the continuing directors may act for the purpose of increasing the mumber of directors to that number, oroof summoning general meeting of the company, but for no other Put pase 46. Phe directors may cleet a chairman of their meetings and determine the period for which he is te hold office but, if no such chairman. is elected, or That any meeting the chairman is net present within five minute alter the time appointed for holding the same, the directors present may choose one of thet number to be ch an of the meeting Veo Vhe directors may delegate any of thei powers to committee consisting of suche rie mber or members of thei body as they think (i “ny committee so formed shall, me the sxereise of the powers so delegated, conform Coin regubations (iat aie be intiposed on them by dhe direetors, AS. A committee cleet chair: oof iis meeting. al such chaitian is elected, or af at moceting the chairman is not present within five minute. alter the appointed: tor holding the ame, the members present ay choose of thei number to be chairman. of the meeting. AQ. A committee may meet suid adjourn as i thinks proper. Questions atising: at any meeting shall be determined by a majority of votes of the THembers present, and incase af equality of votes the chairman shall have a second or casting vote. 50. Albacts done by any meeting of the diteetors or of a committee of directors, or by any person aeding as a direetor, shall, notwithstanding that it be afterwards discovered that: there was some defect ine the appommtinent of any snele direetors or persons acting aforesaid, or that they on any of them were disqualified, be as valid as ihevery such person had been duly appointed anal was qualified to be a direeter tecounts a1 the directors shall: proper books of acedunt to be kept with ‘spect to ll sums of money received and expended by the company and the atler in respect of which the receipt and expenditure takes place, all sale. and purchases of goods by the company; and the assets and liabilities of the company. 22. The books of account shall be kept at the registered oflice of the company, or at such other place or places as the directors think fit, and shall always be open to the inspection of the directors. The directors shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the company or any of them shall be open to the inspection of members not being directors, and no member (not being a director) shall have any right of inspecting any account or book or document of the company except as conferred by Ordinance or authorised by the directors or by the company in general meeting. S41 S42 Gh. 31. No. 1.] Com pante, 54. The directors shall trom time to time in accordance with section 121 of the Ordinance, cause to be prepared and to be Laid before the company i general meeting such profit, and loss accounts, balance sheets and ee as are referred to tn that seetion. A copy of every balance sheet (including every document required by "Tee to be annexed thereto) which is to be laid before the company in general meeting together with a copy of the auditor's report shall not less than seven days before the date of the meeting be sent to all persons entitled fo receive notices of general meetings of the conpany eludit. Auditors shall be appemted and their duties regulated in accordance with sections 130, 130 and 132 of the Ordinance Notice, A cnotice may be given by the company ay member cither personally or by sending it by post fo him to his registered address, or (if he has no registered address in the Colony) to the addre. if any, in the Colony supplied by him te the company tor the giving of notices to him. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying, and posting a letler contanmng the notice, and te have beeu effected at the expiration of 24 hours after the letter contatming the ame was posted. Ss. [ia member has no registered address in the Colony and lias not supplied to Che company an address in the € olony for the giving of notices to him, a notice addressed to him and advertised in a daily NewspRpet cireukiuing in the Colony shall be deemed to be duly given to bin on the day on which the advertisement appears, Notice of every general meeting shall be given in) some manner hereinbefore authorised to every member except those members who (having no registered address in the Colony) have not supplied to the company an address in the Colouy for the giving of notices to them, No other persons shall be entitled (a receive notices of general meetings. Ni elddre. cs and Desert ptions of Subscribers. John Jones ol Schoolinaster, 2. John Smith of 4. Thomas Green of 1 Tehn Thotapsen ot Caleb White of Andrew Brown ot ar White of Dated the day ol 19 Witness to the above signature. ALB No, 513, Frederick Street, Port-of-spain, Trinidad. Compante, [Gh. 31. Now. r DD Memorandum and Articles of Assoclation of a Company Limited by Guarantee, and Having a Share Capital. Memorandum of clssoce Ist, The of the comp: The Highland Hotel Company, Limited.” 2nd. The registered office of the company will be Vrinidad. ard. Che objects) fer which the company is cstablished are the facilitating travelling in the Colony of Trinidad, by providing hotels and conveyances by sea and by land for the accommodation of travellers, and the doing all such other things as are incidental or conducive to the attainment of the above object 4th. The lability of the members is limited. Sth. Every member of the company undertakes to contribute to the assets of the company in the event of its being wound up while he is a member, or within one year aftewards, for payment of the debts and habilities of the company, contracted before he ceases to be a member, and the costs, charges and expenses of winding up the same and for the adjustment of the rights of the contribuforie. amongst themselves, such ammount as may be required, not exceeding one handred dollars, Oth. Phe share capital of the company shall consist of five hundred thousand dollars, divided into five thousand shares of one hundred dollars each, We, the several persons whose name and addre, are subserthed, are desirous of being formed into a company, tn pursuance of this memorandum of association, and we respectively agree to tike te number of shares in the capital of the company set opposite cr respective name, Nuanber of share Name. clddresses and Descriptions faken by euc of Subscribers. Suhserther 1. John Jones of Merchant 200 2. John Smith of 25 3. Thomas Green of 30 4. John Thompson of 40 5. Caleb White of 15 6. Andrew Brown of 5 7. Caesar White of 10 Total shares laken 325 Dated the day of 19 Witness to the above signatures, -1.B., No. 513, Frederick Street, Port-of-Spi), Trinidad. (Section 13) S44 Ch. 31. No. 1.| ( ompunte, Articles of Association to Accompany Preceding Memorandum of Association. othe Articles of Vable A set out in the lirst Schedule to the Companie, Ordinance, shall be the articles of association of the company and apply to the company Names, clddre sand Descriptions of Subscribers. bo Jolin Jones of Merchant. 2. John Smith of 3. Phomias Green ol + John Thompson ot Caleb White of Andrew Brown o White of Dated the dav of 19 Witne. above sipm LBoONo Piederick Street, Port-of-Sp% Lromntelad, Vag hk. Memorandum and Articles of Association of an Unlimited Company having a Share Capital. Memorandion of Assvctation, Ist. Phe of the company is Phe Patent Stereotype Company. 2nd. The registered office of the company will be situate in Trinidad. 3rd. Vhe objects for whieh the company is established are the working of a patent method of founding and casting stereotype plates, of which method John Smith, of Port-of-Spain, is the sole patentee, and the doing of all such things are incidental or conducive to the attainment of the atbove objects. Wer, the several persons whose mune. are subseribed, are desirous of being forined into a company, in pursuance of this memorandum of associttion, and we respectively agree to take the number of sho csin the capital of the company set opposite our respective name. Nuonber of share Name. clddresses and Deseri ptions taken by each of Subseribers. Subscriber L. John Jones of Merchant 3 2. John Smith of 2 3. Thomas Green of 1 4. John Thompson of 2 5. Caleb White of 2 6, Andrew Brown of I 7. Abel Brown of 1 Total shares taken 12 Dated the day of 19 Witness to the above signature. , A.B., No. 513, Frederick Street, Port-of-Spain, Trinidad. Companies. |Ch. 31. No. t. 545 Articles of Association to Accompany the Preceding Memorandum of Association. t. The share capital of the company is two thousand dollars divided into twenty shares of one hundred dollars each. The company may by special resolution— (a) increase the share capital by such sum to be divided into shares of such amount as the resolution may prescribe; (6) consolidate its shares into shares of a larger amount than its existing shares; , (ce) sub-divide its shares into shares of a smaller amount than its existing shares; (d) cancel any shares which at the date of the passing of the resolution have not been taken or agreed to be taken by any person: (e) reduce its share capital in any way. The Articles of Table A set out in the First Schedule to the Com- panies Ordinance (other than Articles 30, 31, 32, 33, 34, 37 and 38) shall be deemed to be incorporated with these articles and shall apply to the company. Names, Addresses, and Descriptions of Subscribers. John Jones, of Merchant. John Smith, of Thomas Green, of John Thompson, of Caleb White, of Andrew Brown, of . Abel Brown, of Dated the lay of 1o NDP wh Witness to the above signatures, ALR., No. 513, Frederick Street, Port-of-Spain, Trinidad, SECOND SCHEDULE. (Section 16.) Form of Licence to hold Lands, The Governor hereby licenses the to hold the lands hereunder described iensert description of lands] [or to hold lands not exceeding in the whole stcres), The conditions of this licence are [insert conditions, tf any). T.—IV. 35 546 (Section 29.) Ch. 31. No. 1.| Companies. THIRD SCHEDULE. Form of Statement in licu of Prospectus to be delivered to Registrar by ua Private Company on becoming a Public Company. THE COMPANIES ORDINANCE, ATKMENT UN OF PROSPECTUS DELIVERK «KOK RKGISTRATION BY Unsert the name of the Company.| Pursuant to section 29 of the Companies Ordinance. Delivered for reg stration by The nominal share capital Company § Divided into Shares of § each. Amount (it any) of above capital which con- Shares of § each. sists of redeemable preference shares. The date on or before which these share, are, or are liable, to be redeemed. Name., descriptions and tors or proposed directors. Amount ot shi Shares Amount of comnoussions pat im connection therewith. Amount of discount, if any, allowed on the | issue of any shares, or so much thereof as has not been written off at the date of the statement Unless more than one veur has elapsed since the date on which the Company was | entitled to commence business: Amount of preliminary expenses $ ° Amount paid to any promoter Name of promoter Amount § Consideration for the payment consideration : lf the share capital of the Company is divided into different classes of shares, the Tight of voting at mectings of the Company conferred by, and the rights in respect of capital and dividends attached to, the several classes of shares respectively. Number and amount of shares and deben- | shares ot § fully tures issued within the two years preceding | paid. the date of this statement as fully or partly | 2 shares upon which $ paid up otherwise than for cash or agreed per share credited as paid to be so issued at the date of this state- ment. . . . . . i Consideration for the issue of those shares or | 3. debenture § debentures. 4. Consideration: Names and addresses of Vendors of Property (1) purchased or acquired by the Company within the two years preceding the date of this statement or (2) agreed or proposed to be purchased or acquired by the Company Compantes. |Ch. 31. No. 1. 547 Amount (in cash, shares or debentures) paid or payable to cach separate vendor. Amount paid or payable in cash, shares or | Total purchase price $ debentures for any such property, specify- ing the amount paid or payable for good- | Cash $ will, i Shares 3 Debenture. $ Goodwill $ Dates of, and parties to, every material contract (other than contracts entered into in the ordinary course of business or entered into more than two years before the delivery of this statement). lime and place at which the contracts or copies thereof may be inspected. Names and addresses of the auditors of the Company. Full particulars of the nature and extent of the interest of every director in any property purchased or acquired by the Company within the two years preceding the date of this statement or proposed to be purchased or acquired by the Company or, where the interest of such a director consists in being a partner in a firm, the nature and extent of the interest of the firm, with a statement of all sums paid or agreed to be paid to him or to the firm in cash or shares, or otherwise, by any person cither to induce him to become or to qualify him as, a director, or otherwise for services rendered or to be rendered to the Company by him or by the firm. Rates of the dividends (if any) paid by the Company in respect of each class of shares in the Company in each of the three nancial years immediately preceding the date of this statement or since the incor- poration of the Company whichever period ts the shorter. farticulars of the cases in which no dividends have been paid in respect of any class of shares in any of these years. Mf any of the unissued shares or debenture. are to be applied in the purchase of any business the amount, as certified by the persons by whom the accounts of the busi- ness have been audited, of the net protits | of the business in respect of each of the | three financial years immediately preceding | the date of this statement, provided that in | the case of a business which has been | carried on for less than three years and the | accounts of which have only been made up 35 (2) 54n (Section 37 and,309.) (Section 41 (1)) Ch. 31. No. 1.] Companies. MD respeet of two vears or one year the above requirement shall have eflect as if references to two years or one year, as the case may be, were substituted for refer- ences to three years, and in any such case the statement shall sav how long the business to be acquired has been carried on, (Signatures of the persons above-named as directors or proposed directors or of their agents authorised in weiting.) Date Note.— In this Form the expression vendor includes a vender as detuned: in Part I of the Fourth Schedule to this Ordinance, and the expression ‘ financial year has the meaning assigned to it in that Part of the said Schedule. FOURTH SCHEDULE. PART I. MALTERS KEQUIRED TO BE | ATED IN) PROSPECTU.L. 1. Except where the prospectus is published as a newspaper advertise- ment, the contents of the memorandum, with the names, descriptions and addresses of the signatories, and the number of shares subscribed for by them respectively. 2. The number of founders or management or deferred shares, if any, and the nature and extent of the interest of the holders in the property and profits of the company. 3. The number of shares, if any, fixed by the articles as the qualification ofa director, and any prevision in the articles as to the remuneration of the directors. 4+. The ni descriptions, and addresses of the directors or proposed directors. 5. Where shares are offered to the public for subscription particulars as to— (i) the minimum amount which, in the opinion of the directors, must be raised by the issue of those shares in order to provide the sums, or, if any part thereof is to be defrayed in any other manner, the balance of the sums, required to be provided in respect of each of the following matters— (a) the purchase price of any property purchased or to be purchased which is to be defrayed in whole or in part out of the proceeds of the issue; (b) any preliminary expenses payable by the company, and any commission so payable to any person in consideration of his agreeing to subscribe fot, or of his procuring or agreeing to procure subscriptions for, any shares in the company; Compamtes. [Ch. 31. No. 1. (c) the repayment of any moneys borrowed by the company in “spect of any of the foregoing matters; (d) working capital; and (i) the amounts to be provided in respect of the matters aforesaid otherwise than out of the proceeds of the issue and the sources out of which those amounts are to be provided. 6, The amount payable on application and allotment on each share, and, in the case of a second or subsequent offer of shares, the amount offered for subscription on each previous allotment made within the two preceding years, the amount actually allotted, and the amount, if any, pind on the shares so allotted. 7. The number and amount of shares and debentures which within the iwo preceding years have been issued, or agreed to be issued, as fully or partly paid up otherwise than in cash, and in the latter case the extent to which they are so paid up, and in cither case the consideration for which those shares or debentures have been issued or are proposed or intended to be issued. 8. The names and addresses of the vendors of any property purchased or acquired by the company, or proposed so to be purchased or acquired, which is to be paid for wholly or partly out of the proceeds of the issue olfered for subscription by the prospectus, or the purchase or acquisition of which has not been completed at the date of issue of the prospectus, and the amount payable in cash, shares, or debentures, to the vendor, and where there is more than one separate vendor, or the company is a sub-purchaser, the amount so payable to each vendor. % The amount, if any, paid or payable as purchase money in cash, shares, or debentures, for any such property as aforesaid, specifying the amount, any, payable for goodwill. 10. The amount, ifany, paid within the two preceding years or payable, as commission (but not including commission to sub-underwriters) for subseribing or agreeing to subscribe, or procuring or agreeing to procure subscriptions, for any shares in, or debentures.of the company, or the rate of any such commission. 11. The amount or estimated amount of preliminary expenses. 12. The amount paid within the two preceding years or intended to be paid to any promoter, and the consideration for any such payment. 13. The dates of and parties to every material contract, not being a contract entered into in the ordinary course of the business carried on or intended to be carried on by the company or a contract entered into more than two years before the date of issue of the prospectus, and a reasonable time and place at which any such material contract or a copy thereof may be inspected. 14. The names and addresses of the auditors, if any, of the company. 15. Full particulars of the nature and extent of the interest, if any, of every director in the promotion of, or in the property proposed to be acquired by, the company, or, where the interest of such a director 549 tae he a-~ 590 (Section 37.) (Section 37 ) Ch. 31. No. 1.] Companies. consists in being a partner in a tirm, the nature and extent of the interest of the firm, with a statement of all sums paid or agreed to be paid to him or to the firm in cash or shares or otherwise by any person either to induce him te become, or to qualify him as a director, or, otherwise for services rendered by him or by the firm in connection with the promotion or formation of the company. 16, If the prospectus invites the public to subseribe for shares in the company and the share capital of the company is divided into different classes of shares, the right of voting at meetings of the company conferred by, and the rights in respect of capital and dividends attached to, the several classes of shares respectively. 17. In the case of a company which has been carrying on business, or of a business which has been carried on for less than three years, the length of time during which the business of the company or the business to be acquired, as the vase may be, has been carried on, PART IL. REPORTS TO BE SET OUT IN) PROSPECTUS. lL. A report by the auditors of the company with respect to the profits of the company in respect of each of the three financial years immediatelv preceding the issue of the prospectus, and with respect to the rates of the dividends, if any, paid by the company in respect of cach class of shares in the company in respect of each of the said three years, giving particulars of each such class of shares on which such dividends have been paid and particulars of the cases in which no dividends have been paid in respect of any class of shares in respect of any of those years, and, if no accounts have been made up in respect of any part of the period of three years ending on a date three months before the issue of the prospectus, containing a statement of that fact. 2. Hf the proceeds, or any part of the proceeds, of the issue of the shares or debenture: are or is to be applied directly or indirectly in the purchase of any business, a report made by accountants who shall be named in the prospectus upon the profits of the business in respect of each of the three financial years immediately preceding the issue of the prospectus. PART III. PROVISIONS APPLYING TO Parts I. AND IT. oF SCHEDULE. 1, The provisions of this Schedule with respect to the memorandum and the qualification, remuneration and interest of directors, the names, descriptions and addresses of directors or proposed directors, and the Amount (if any) paid or payable as commis- | Amount paid. sion for subscribing or agreeing to subscribe | payable. or procuring or agreeing to procure sub- scnptions for any shares or debentures in the Company; or | Rate of the commission Rate per cent. The number of shares, if any, which persons have agreed for a commission to subscribe absolutely. Estimated amount of preliminary expenses Amount paid or intended to be paid to any | Name of promoter. promoter. ' Amount $ Consideration for the payment _ Consideration :- Companies. Dates of, and parties to, every matcrial contract (other than contracts entered into in the ordinary course of the business intended to be carried on by the Company or entered into more than two years before the delivery of this statement). Yime and place at which the contracts copies thereof may be inspected. Names and addresses of the auditors of the Company (if any). Vull particulars of the nature and extent of the interest of every director in the pro- motion of or in the property proposed to be acquired by the Company, or, where the interest of such a director consists in being a partner in a firm, the nature and extent of the interest of the firm, with a statement of all sums paid or agreed to be paid to him or to the firm in cash or shares, or other- wise, by any person cither to induce him to become, or to qualify him as, a director, or otherwise for services rendered by him or — by the firm in connection with the pro- motion or formation of the Company. If it is proposed to acquire any business, the amount, as certified by the persons by whom the accounts of the business have been audited, of the net profits. of the business in respect of each of the three financial years immediately preceding the date of this statement provided that in the case of a business which has been carried on tor less than three years and the accounts of which have only been made up in respect of two years or onc year the above requirement shall have effect as_ if references to two years or one year, as the case may be, were substituted for refer- ences to three years, and in any such case the statement shall say how long the business to be acquired has been carried on. (Signatures of the persons above-named as directors or proposed directors, or of their agents authorised in writing.) Date Note.—-In this Schedule the expression ‘‘ vendor Part III. of the Fourth Schedule to this Ordinance, and the expression “ financial year ’’ has the meaning assigned to it in that Part of the said Schedule. {Ch. 31. No. 1. includes a vendor as defined in 553 554 Ch. 31. No. 1.] Companies. eo SIXTH SCHEDULE. Form of Annual Return of a Company having a Share Capital. al Retarn of the Company, Limited made up to the dav al » 19) (being the fourteenth dav after the date of the titst or only ordinary general meeting uv bo) Vhe addre.. ottice of the Company is as follows: Sowmary of Share Capital and Shaves. Nomi Share “apital § divided into* \ shares of cach, f shares of § cach, Total uumber of shares taken upt to the hay ol , to bemy the date of the retamn (wiich sumber must agree with the total shown in the Ust as held by ‘xisting members). Number of shi cs issued subject to payment wholly im cash. Number of sh: as fully paid up otherwise th: cash Number of shares issued as partly paid up to the per share otherwise than in cash. tNumber of shares (if any) issned ata discount. Votal amount of discount on the issue of shares which has not been written off at the date of this Return. tlhere has been called up on each of PVhere has been called upon cach of pThere has been called upon each of sTotal amount of calls received, including payments application and allotment. Total amount (if any) agreed to be considered as patd ou shares which have been issued as fully paid up otherwise than in cash. Total amount (if any) agreed to be considered as paid on shares which have been issued as partly paid up to the extent of per share otherwise than in cash. VYotal amount of calls unpaid * Where there are shares of ditterent: kinds or amounts (e.g... Preference and Ordinary or $5 and 25c.) state the number and nominal values separately. +t If the of different kinds, state them separately. t Where various amounts have been called, or there are shares of different kinds state them separately. § Include what has been received on forfeited as well as on existing shares. Companies, |Ch. 31. No. 1. otal amount of the sums (ifany) paid by way of commission iw respect of any shares or debentures or allowed by way of discount in respect of any debentures since the date of the last Return, Cotal number of shares forfeited Votal amount paid (if any) on share. Votal amount of shares for which share are outstanding. Total amount of share warrants to bearer issued and sur- Issued § tendered respectively since the date of the last Retarn, Surrendered § Number of shares comprised in each share wi ant to bei Total amount of the indebtedness of the Company in respect § of all) mortgages and charges of the kind which are required to be registered with the Registrar under (he Companies Ordinance, ‘copy of last audited Balance Sheet of the Company. Notk, Except where the Company is ai Privale Company — within the meaning of Section 28 of the Companies Ordinance, this Return must include a written copy, certified by a Director or by the Manager or Secretary of the Company to be a true copy, of the last balance sheet which has been audited by the Company's auditors (including every document required by law to be annexed thereto) together with a copy of the report of the auditors thereon (certified ay aforesaid), and if any such balance sheet is in a foreign language there must also be annexed to it a trans- lation Chereo( in English certified in the prescribed manner to be a correct translation. Uf the said last balance sheet did not comply with the requirements of the law as in force at the date of the audit with respect to the form of balance sheets there must be made such additions to and corrections in the said copy as would have been required to be made in the said balance sheet in order to make it comply with the said requirements, and the fact that the said copy has been so amended must be stated thereon, Company. Certificates to be given by a Private Company. A. [certify that the Company has not since the date of the “last Annual Return issued any invitation fo the public lo subseribe for any shares or debentures of the Company.” (Signature) State whether Director or Secretary. B. Should the number of members of the Company exceed fifty the following certificate ig also required :- “LT certify that the excess of members of the Company above fifty consists “wholly of persons who are in the employment of the Company and/or of “* persons who, having been formerly in the employment of the Company were while in such employment, and have continued after the determination of such employment to be, members of the Company.” (Signature) | State whether Divector or Secretary. | Notk.—Hanking companics must add a list of all their places of business. *In the case of the first Annual Return strike out the words “last Annual Return ’ and substitute therefor the words ‘‘ Incorporation of the Company.” 555 556 Ch. 31. No. 1.| Compantes. The Return must be signe: of the Company Delivered for filing by Varticulars of the *Directors of the Annual Return {The present Christian Name or Names and Surname Any former Christian Name or 'N; Names or Surname. Nationahts of origin (if other than the present nationality). 6 Direelor a Director or by the Manager or Sec ‘Company, Linited, at the date of the TOther Usual. Dusiness residential | occupation (if address, | any). Tf none state so. includes any person who occupies Che position of a@ Director by whatever name called and any person in accordance with whose directions or instructions the Directors ofa Company are accustomed to act. f In the cage of a Corporation its corporate name and registered office should he shown, principal ft In the case of an maivulual whe bas no business occupation but holds any other directorship or directorships particulars of (hat directorship or of some one of those directorships must be entered, (Ch. 31. No. 1. 557 Compantes. aq Aum salajstrexy 9ty JO aweT at 3ng * gala] ‘a]Ep ova vO paijajsueLy sareys srETDInIed 3 . qsnm ssquam yIee 1g pjay FOS joy TMOTS 3Q Sem ‘pausysren 10 ‘pjay seej> Goes JO Jequinu ‘cyl ewmay aul ‘JapsTe] JO U0} -eqsBay 50 37°C ‘“‘sreqmayK 34 | 0} pasesd aaey OTM suosiad Aq Awedmoy qj jo uontiod -1000T at] Jo (afniay ISI 903 JO a8e9 VI WI) Jo ‘uM yey IST] aya }O sep 30} FOUTS paris} SUBIT SaTeYS JO sIEDIIe $ juaqmny “yaySTeL] Dea jo srEpBITed amp susoddo Ajayerpauray TUMjOS ,, SATEUIRY ,, OUI Ui peLissut aqi aem SULIT amy 30 1eq3 a1soddo you puY ‘JOla}sTeI] 27 JO suTeD Sy aysoddo passed JO JaquInu aly Se [Jam Se Wertz aq pynoys JaysueI], Qe JO ToneNs2sy jo ep aq ft MNOWE 371 YIOIS OIUI payaruG) useq arty Sareqs Awe aq Ay OS PapLaTpAns aq AeUI saMN[OD aseq2 SIsSE]D IWaIIBTP JO are sareys aq? waa, ft aq plnoys - Payments of Liquidator into bank. 180, Audit of Liquidators’ accounts. sy Control of Otlicial Receiver over Liquidators. ISS Release of Liquidators. Meeting of creditors and contributories to determine whether committee Ise, of inspection shall be appointed. 190, Constitution and proceedings of committee of inspection. tot Powers of Court where no committee of inspection. 199 Appointment of special manager. 205, Power to order public examination of promoters, directors, etc. 206 Power to restrain fraudulent persons from managing companie. 209, Delegation to Liquidator of certain powers of Court. Power to appoint Official Receiver as receiver for debenture holder _ 280, creditors. Companies. {Ch. 31. NINTH SCHEDULE. Table of Fees to be paid to the Registrar. 1. By A COMPANY HAVING A SHARE CAPITAL. For registration of a company whose nominal share capital does nol exceed $10,000 For registration of a company whose nominal share capital xceeds $10,000, the following fees, regulated according to the amount of nominal share capital (that is to say): For every $5,000 of nominal shi + capital, or part of x $5,000 up to $25,000 4.80 For every $5,000 of nominal share capital, or part of $5,000 after the tirst $25,000 up to $500,000... { For every $5,000 of nominal share capital, or part of $5,000 after the first $500,000 24 For registration of any increase of share capital made after the urst registration of the company, the same fees per $5,000 or part of a $5,000 as would have been payable if the increased share capital had formed part of the original share capital at the time of registration : Provided that no company shall be liable to pay in respect of nominal share capital, on registration or afterwards, any greater amount of fees than $250 taking into account in the case of fees payable on an increase of share capital after registration the fees paid on registration. For registration of any existing company, except such com- panies as are by this Ordinance exempted from payment of fees in respect of registration under this Ordinance, the same fee as is charged for registering a new company. For registering under Part ID. of this Ordinanee any charge created by a company or particulars of a series of debentures- where the amount of the charge or the amount secured by the whole series does not exceed 8960 Where it exceeds $900 Kor registering any document by this Ordinance required or wuthorised to be registered or required to be delivered sent or lorwarded to the Registrar other than the memorandum or the abstract required to be delivered to the Registrar by a receiver or manager or the statement required to be sent to the Registrar by the liquidator For making a record of any fact by this Ordinance required or authorised to be recorded by the Registrar II. By a COMPANY NOT HAVING A SHARE CAPITAL. For registration of a company whose number of members as stated in the articles does not exceed 25 For registration of a company whose number of members as stated in the articles exceeds 25, but does not exceed 100, the above fee of $9.60 with an additional $4.80 for every additional 25 members or less after the first 25. No. 1. 9.00 240 ‘RD 9,60 559 500 Ch. 31. No. 1.] Compantes, Kor registration of a company whose number of members as stated in the articles exceeds 100 but is not stated to be unlimited, a fee of $24.00 with an additional $1.20 for every additional 50 members or less after the first 100, For registration of a company in which the number of members is stated in the articles to be unlimited For registration of any increase on the number of members tuade after the registration of (he company in respect of every 50 members, or Jess than 50 members, of that increase Provided that no company shall be liable to pay on the whole a greater fee than $96.00 in respect ofits number of members, taking into account the fee paid on the first registration of the company. For registration of any existing company, except such com panies as are by this Ordinance exempted from payment of fees in respect of registration under this Ordinance, the same fee as is charged for registering a new company, For registering under Part U1. of this Ordinance any charge created by a company or particulars of a series of debentures where the amount of the charge or the amount secured by the whole series does not exceed $960 Where it exceeds $900 For registering any document by this Ordinance required or authorised to be registered or required to be delivered, sent or forwarded to the Registrar, other than the memorandum or the abstract required to be delivered to the Registrar by a receiver or manager or the statement required to be sent to the Registrar by the liquidator For making a record of any tact by this Ordinance requited er authorised to be recorded by the Registrar HL. By a Company ro wintcu Parr XN. THIS ORDINANCE APVLIFS, Vor registering a certified copy of a charter, statutes or memo- randum and article. required to be delivered to the Registrar under Part X. of this Ordinance For registering any other document required to be delivered to the Registrar under Part NX. of this Ordinance 1V. Gr For inspecting the tle of documents kept by the Registrar in respect of each company Copy of any document or part thereof per folio of 72 words Anv certificate by the Registrar... 96.00 240 1.80 24.00 Compantes, |Ch. 31. No. 1. 561 TENTH SCHEDULE. Provisions referred to in section 313 of the Ordinance. (Section Provisions relating to 313.) Conelusiveness of certificate of incorporation, 17. Specific requirements as to particulars in prospectus; s. 37, Prohibition of allotment in certain cases unless statement in lieu of 9. 42. prospectus delivered to Registrar: Return as to allotments , s. 44. Registration of charge. sated by company registered the s. 79. Colony Duty of company to register charges created by company; a. BU (1). Duty oof company to register charge. sxisting en property s. 3h. dequired, Application of Part TEL. to companies incorporated outside thes. 90. olony Restrictions on commencement of business , 8. 94. The particulars as to directors and indebtedness of the company; —s. 106 (3) (n), (0). Statutory meeting and statutory report, a. ALL. Auditors’ report and right to information and explanations; * aye (1), Restrictions on appointment or advertisement of director; 8. 138. Notice by liquidator of his appointment ; a. 238, Delivery to Registrar of accounts of receivers and managers ; 4. 283. Documents, ete, to be delivered to Registrar by companies * +98. sarrying on business in the Colony: Return to be delivered) to) Registrar where documents, ete., 5. $00. altered; Balanee sheet of company carrying on business in the Colony ; 401, Obligation to state name of company, ete. a. 302. ELEVENTH SCHEDULE. Rules of Procedure on Applications under the Ordinance. t. In these rule. (Section the Ordinance — means the Companies Ordinance ; 278.) the petition,’ the motion,” “the summons — mean the interpre. petition, motion or summons presented, made or taken out pursuant ation, to the. rule. the inquiry means the inquiry made as to the debts claims or liabilities of or affecting the company or as to any such debts claims or liabilities ordered by the Court under these rules; “the company" means the company to which any application under the. + rules relates; * the Registrar" means the Registrar General appointed under the Registrar General Ordinance, Unle. the context otherwise requires, expre.. detined in’ the Ordinance shall have the meanings so defined. 2. Every petition, notice of motion, or summons to which these rules relate shall be brought to and issued out of the office of the Registrar of the Supreme Court. T. IV. 36 562 Application of rules of Supreme Court. Title ot Petition. Ch. 31. No. 1.] ( ompantes. 3. The rules of the Supreme Court for the time being in force and the general practice of the Court including the course of procedure and practice in Chambers shall apply as regards all proceedings in relation to applications to which these rules relate so far as may be practicable, xcept if and so far as the Ordinance or these rules otherwise provide. 4. (1) Every petition, notice of motion and summons and all notices, affidavits and other proceedings under any petition, notice of motion or summons shalt be intituled in the matter of the company, and in the matter of the Companies Ordinance. (2) An application for leave under subsection (4) of section 260 of the Ordinance shall be intituled in the matter of the company whose busine. was carried on with such intent or for such purpose as_ is mentioned in subsection (1) of that section and in the matter of the Companies Ordinance. 5. The following applications shall be made by petition— (a) applications to confirm. alteration of objects under section 7 of the Ordinance, (6) applications to contirm a reduction of capital under section 57 of the Ordinance, (c) applications to confirm the reduction of any capital redemption ‘serve fund under section §8 (1) (c) of the Ordinance; (d) applications to cancel, disallow or confirm any variation or abrogation of the rights of holders of special classes of shares under section 63 of the Ordinance (c) applications to sanction the issue of share. at a discount under section $9 of the Ordinanee, (f) applications to sanction a compromise or arrangement under section 1I5t of the Ordinance; (2) applications to restore a company’s name to the register under section 275 of the Ordinance; (4) applications for relief by directors, managers or officers of a company or by persons employed as auditors by a company under section 319 (2) of the Ordinance; (7) appheations by a transferee company for the purpose of acquiring shares under section 153 of the Ordinance. The following applications shall be made by motion or summons-— (a) applications to rectify the register of members under section 100 of the Ordinance; (2) applications to extend the time for registration of a charge or to rectify any omission or mis-statement in any particular with respect to any charge or in a memorandum of satisfaction under section 85 of the Ordinance. The following applications shall be made by motion— (a) apphcations for relief in case of default in delivering documents to the Registrar under section 44 of the Ordinance; Companies. [Ch. 31. No. 1. (6) applications for relief in case of default by a private company in complying with the provisions of its articles under section 29 (3) of the Ordinance; (c) applications to enquire into the case of officers or agents of a company who have refused to produce any document or answer any question under section 133 (5) or section 135 (3) of the Ordinance and for orders under the said subsections, » The following applications shall be made by summons. (4) applications to inspect the register of members or the index of the members of a company or the annual return or to obtain copics of such register or annual return under section 98 or section 108 (2) of the Ordinance; (6) applications to inspect the minutes of proceedings at general meetings of a company or to be furnished with copies thereof under section 119 (4) of the Ordinance (c) appheations to inspect the register of directors under section 142 (5) of the Ordinance; (d) applications to inspect copies of instruments creating a charge and to inspect the register of charges to be kept at the registered office of a company under section 89 (3) of the Ordinance ; (¢) applications to inspect any register of holders of debentures of a company or for orders that copies of any such register or of any trust deed for securing any issue of debentures shall be sent to the persons requiring the same under section 7-4 (5) of the Ordinance; (f) applications for and in regard to me +tings of a company under section 110 or section 113 of the Ordinance: (g) applications for mectings under section [51 of the Ordinance; (A) applications for facilitating reconstructions or amalgamations of companies under seetion 152 of the Ordinance where the matters to which such applications relate have not been dealt with, or fully dealt with, on the hearing of the petition to sanction the compromise or arrangement to which they relate; (¢) applications in regard to certificates of shares debentures or debenture stock certificates and for costs under section 69 of the Ordinance; (j) applications for enforcing the duty of a company or any other person to make any return and for costs under sections 284 or 289 of the Ordinance ; (4) applications for lec under subsection (4) of section 260 of the Ordinance: (4) applications to extend the time for registering documents under section 7 (6) of the Ordinance or under rule 12 of these rules; (m) applications to extend the time for the issue of shares at a discount under section 49 (1) (d) of the Ordinance; (n) applications by a dissenting sharcholder for the purpose of preventing the acquisition of his shares under section 153 of the Ordinance. 36 (2) 563 564 Summons tor direc- tions. Affidavit as to creditors, Form of athdavit, Ch. 31. No. 1.] Com paitte, A respondent to an originating summons issued pursuant to rule 6 or rule 8 of these rules shall not be required to enter an appearance except where such summons is issued pursuant to paragraph (A) or paragraph (7) of rule 8 10. (1) Where the petition has been presented pursuant to para- graphs (2), (0), (¢), (@), (4) or (7) of rule 5 of these rules, or where an Weer is souglit uncer section 152 of the Ordinance, an application shall, every case, be made, by summons in Chambers, to the Judge, for dire ctions as to the proceedings to be taken. (2) Upon the hearing of the summons, or upon any adjourned hearing or hearings thereof or any subsequent application, the Judge may make such order or orders and give such directions as he may think fit as to all the proceedings to be take n, and more particularly with respect to the following matters, that is to say- (a) the publication of notices; (/) in cases where the Court orders an inquiry as to the debts, claims or labitty of or affecting a company or as to any of such debts, claims or liabilitie,, the proceedings io be taken for settling the list of creditors entitled to object, including the dispensing with the observance of section 58 (2) of the Ordinance as regards any class or chisses of creditors, fixing the date with reference to which the list of such creditors is to be made out, and generally fixing a time for and giving directions as to all other necessary or proper steps in the matter whether expressly mentioned in any of these rules or not, In such cases the first order upon the summons for directions may be in the form No. Uoin the Appendix with such variations as_ the circumstances may require, 11. Tncases where the Court has ordered ; such inquiry aforesaid, the following provisions shall apply: (a) The company shall, within seven days after such order or such further or other time as the Judge may allow, file in the office of the Registrar of the Supreme Court an allidavit made by some officer or officers of the company competent to make the same, verifying a list containing so far as possible the names and addresses of the creditors of the company to whom such inquiry extends. The said list shall also contain the amounts due to the creditors therein named Tespectively in respect of debts, claims or liabilities to which the inquiry extends, or in the case of any such debt payable on a contingency or not ascertained or any such claim admissible to proof in winding up of the company the -alue, so far as can be justly ‘stimated, of such debt or claim, (6) The person making any such affidavit shall state therein his belief that the list verified by such affidavit is correct, and that there was hot at the date so fixed as aforesaid any debt, claim or liability which, if that date were the commencement of the winding up of the company would be admissible in proof against the company, except the debts, claims and liabilities set forth in such list and any debts claims or Hablities to which the inquiry does not extend, and shall C omtpante, |Ch. 31. No. 1. state his means of knowledge of the matters deposed to in such affidavit. Such affidavit may be in the form No, 2 set out in the Appendix, with such variations as the circumstances of the case may require, (c) Copies of such list containing the names and addresses of such creditors, and the total amount so due to them (including the value of any debts or claims estimated as aforesaid), but omitting the amounts due to them respectively, or (as the Judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of the solicitors to the company and any person desirous of inspecting the same may at any time during the ordinary hours of business inspect and take -Xtracts from the same on payment of the sum of twenty-four cents. (¢) The company shall, within seven days after the filing of such afidavit, or such further or other time as the Judge may allow, send to each creditor Whose name is entered in the said list a notice stating the amount of the proposed reduction of capital, the effect of the order directing the inquiry and the amount or estimated value of the debt or the contingent debt or claim or both for which such creditor is entered in the said list, and the time (such time to be fixed by the Judge) within which, if he claims to be entitled to be entered on such list as a ereditor for a larger amount, he must send in his name and addre. and the particulars of his debt or claim, and the name and address of his solicitor (if any) to the solicitor of the company; and such notice shall be sent through the post in a prepaid letter addressed to each such creditor at his last known address or place of abode, and may be in the form or to the effeet of the form No. 3 set out in the Appendix, with such variations as the circumstance, of the case may require. (ce) Notice of the presentation of the petition, of the effect of the order directing the inquiry and of the list of creditors shall, after the tiling of the affidavit mentioned in paragraph (a) of this Tule, be published at such times, and in such newspapers as the Judge shall direct. Every such notice shall state the amount of the proposed reduction of capital, and the places where the aforesaid list of creditors may be inspected, and the time within) which creditors of the company who are not but are entitled to be entered on the said list, and are desirous of being entered therein, must send in their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors (if any) to the solicitor of the company. Such notice may be in the form No. 4 set out in the Appendix, with such variations as the circumstances of the case may require. (f) The company shall within such time as the Judge shall direct, lile in the office of the Registrar of the Supreme Court, an affidavit made by the person to whom the particulars of debts or claims are, by such notices as are mentioned in paragraphs (d) and (e) of this rule required to be sent in, stating the result of such notices respectively and verifying a list containing the names and addresses of the persons (if any) who shalt have sent in the particulars of their debts or claims 565 Inspection of list of creditors. Notice to creditors. Advertise- ment of petition and of list of creditors. Affidavit as to result of aragrapbs d) and (e) of this rule. 566 Proceedings where claim not adnitted, Casts of proof. Certine: as to creditors, Ch. 31. No. 1.] Compante. in pursuance of such notices respectively, and the amounts of such debts or claims, and some competent officer or officers of the company shall join in such affidavit, and shall in such list distinguish which (if any) of such debts and claims are wholly, or as to any and what part thereof, admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company, and which (ifany) of such debts and claims are alleged by the company to be wholly, or as to any and what part thereof, not meluded in the inquiry. Such affidavit shall also state which of the persons who are entered in the list as creditors and which of the persons who have sent tn particulars of their debts or claims in pursuance of such notice. as aforesaid have been paid or have consented to the proposed reduction. Such affidavit may be in the form No. 5 set out in the Appendix with such variations as the circumstances of the case may require. (g) Tf the company contends that a person is not entitled to be entered in the list of creditors in respect of any debt or claim whether admitted or not or ifany debt or claim, the particulars of which ate so sent in, shall not be admitted by the company at its full amount, then and in every such case, unless the company is willing to appropriate in such manner as the Judge shall direct the full amount of such debt or claim, the company shall, if the Judge think {it so to direet, send to the creditor a notice that he is required to come in and establish lis title toe be entered on the list or as the case may be te come in and prove such debt or claim or such part thereof as is not admitted by the company, by a day to be therein named, being net less than four clear days after such notice, and being the time appointed by the Judge for adjudicating upon such titles, debts and claims and such notice shall be sent in the manner mentioned in paragraph (@) of this rule, and may be in the form No. 6 set out in the Appendix with such variations as the circumstances of the case AV Tequire. (2) Such creditors as come in to prove their titles, debts or claims iN pursuance of any such notice as is mentioned in paragraph (g) of this tule shall be allowed their costs of proof against the company and be answerable for costs, in the same manner as in the case of persons coming in te prove debts under an administration judgment. (?) The result of the settlement of the list of creditors shall be stated in a certificate by the Registrar of the Supreme Court, and such certificate shall state what debts or claims (if any) have been disallowed, and shall distinguish the debts or claims the full amount of which the company is willing to appropriate, and the debts or claims (if anv) the amount of which has been fixed by inquiry and adjudication in manner provided by section 58 (2) of the Ordinance, and these rules, and the debts or claims (if any) the full amount of which the company does not admit or is not willing to appropnate or the amount of which has not been fixed by inquiry and adjudication as aforesaid; and shall show which of the creditors have consented io the proposed reduction, and the total amount of the debts due to them, and the total amount of the debts or claims the payment w amounts of such cers of the company listinguish which (if hany and what part any) of such debts thereof, disputed by d claims are alleged lat part thereof, not » state which of the sand which of the debts or claims in been paid or have lavit may be in the v Variations as the not entitled to be ‘bt or claim whether iculars of which are at its full amount, ipany is willing to rect the full amount Judge think fit so Tequired to come in or as the case may such part thereof as be therein named, atice, and being the on such titles, debts Lunner mentioned im Tm No. 6 set out in Nstances of the case tles, debts or claims paragraph (g) of this the company and be the case of persons n judgment. ff creditors shall be supreme Court, and s (if any) have been ims the full amount and the debts or ‘xed by inquiry and 2) of the Ordinance, iy) the full amount illing to appropriate iry and adjudication tors have consented it of the debts due claims the payment Companies. [Ch. 31. No. 1. 567 of which has been secured in manner provided by section 58 (2) of the Ordinance and the persons to or by whom the same are due or claimed. The said certificate shall also state what creditors have under paragraph (g) of this rule come in and sought to establish their title to be entered on the list and whether such claims have been allowed or not, but it shall not be necessary to make in such certificate any further or other reference to any creditors who are not entitled to be entered in the list or to any debts or claims to which the inquiry does not extend or to show therein the sevcral amounts of the debts or claims of any persons who have consented to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid. (j) The consent of any creditor, whether in respect of a debt due or lvidence of presently due or a debt payable on a contingency or not ascertained coiiter of or a claim admissible to proof in a winding up of the company ‘ may be evidenced in any manner which the Judge shall think reasonably sufficient having regard to the amount of his debt or clam and all the circumstances of the case. (A) The petition shall not be heard until the expiration of at least Certilicate eight clear days from the filing of such certificate as is mentioned in rearieg of paragraph (2) of this rule. petition. () Before the hearing of the petition, notices stating the day on Advertise- which the same is appointed to be heard shall be published at such ment of times and in such newspapers as the Judge shall direct. Such notices >etins- may be in the form No. 7 set out in the Appendix, with such variations as the circumstances of the case may require, 12. Unless in any particular case the Court shall otherwise direct every Delivery of order sanctioning the issue of shares at a discount shall contain a direction cory OF der that a copy of such order shall be delivered to the Registrar for registration oection 49 of within seven days from the date thereof or within such further or other the Ordi- time as the Court may allow and that the order shall not take effect till nance to such copy has been so delivered. Registrar. 13. Where an application is made under section 152 of the Ordinance Form of the order may be in the form No. 8 set out in the Appendix, with such order under variations as the circumstances of the case may require. tthe. Ordinance. APPENDIX. (XI. Sche- dule.) No. 1. Form of Order (rule 10 (2)). IN THE SUPREME CouRT OF TRINIDAD AND TOBAGO. No. of . In the Matter of the Company, Limited; and In the Matter of ‘‘ The Companies Ordinance.” Upon the application of the petitioners by summons dated and upon hearing the solicitor for the petitioners, and on reading the petition presented to the Court, the affidavit of [in support of petition], the affidavit of (service of notices convening meetings] and the exhibits therein respectively referred to. And it 568 Ch. 31. No. 1.] Companies. appearing that the special resolution for the reduction of the capital of the said company referred to in the said petition has been duly passed. [It is ordered that section 58 (2) of the Ordinance shall not apply to [here set out class of creditors to whom section 58 (2) of the Ordinance is not to apply] and] it is ordered, that an inquiry be made what are the debts, claims and liabilities of or aflecting the said company on the day of ,19 (other than debts, claims or liabilities in respect [here set out any debts, claims or liabilities which have been excluded from the provisions of section 58 (2) of the Ordinance by the earlier part of the order}) and that notice of the presentation of the said petition and that a list of creditors to whom such inquiry extends is to be made out as of the said day of ,19 , be inserted in [the newspapers] on the day of 19 and [other times of insertion). And it is ordered that the said list and copy of the affidavit verifying the same be delivered to the office of the Registrar within days of the date hereof. No. 2. Affidavit verifying List of Creditors (rule 11 (8)). (Title as in Form 1.) 1, A.H., of make oath, and say as follows: 1. The paper writing now produced and shown to me, and marked with the letter A, contains a list of creditors of and persons having claims upon the said company on the day of 19 (the date fixed by the order in this matter dated , 19 +), together with their respective addresses, and the nature and amount of their respective debts or claims, and such list is, to the best of my knowledge, information and belief, a true and accurate list ef such creditors and persons having claims on the day aforesaid. 2. To the best of my knowledge and belief there was not, at the date aforesaid, any debt, claim or liability which, if such date were the commencement of the winding up of the said company, would be admissible in proof against the said company other than and except the debts, claims and liabilities set forth in the said list and debts, claims and liabilities to which the inquiry directed by the order made herein and dated the day of ,» 19, dues not extend. I am enabled to make this statement from the facts within my knowledge as the of the said company, and from information derived upon investigation of the affairs and the books, documents and papers of the said company. Sworn, etc. List of Cree s referred to in the last Form. In the Matter of the Company Limited; and In the Matter of | The Companies Ordinance.” This iist of creditors marked A was produced and shown to 4./., and is the samc list of creditors as is referred to in his affidavit sworn before me this day 19 X.Y,, etc. Names, Addresses, and Nature of Amount of estimated value Descriptions of the Creditors. Debt or Claim. of Debt or Claim. Compantes, |Gh. 31. No. 1. No. 3. Notice to Creditors (rule 11 (d)). In the Matter of the Company, Limited; and In the Matter of The Companies Ordinance.” To Mr. You are requested to take notice that a petition has been presented to the Court for confirming the reduction of the capital of the above company, from $ to $ , and that by an order dated ,19 _ , an inquiry was directed as to the debts, claims and liabilities of the said company as on the ,19 (other than the debts, claims or liabilities to which the inquiry does not extend). In the list of persons admitted by the company to have been on the day of , 19, creditors of the company for debts, claims and liabilities to which such inquiry cxtends, your name is entered as a creditor [here state the amount of the debt or nature of the claim]. If you claim in respect of such debt, claim or liability to have been on the last- mentioned day a creditor to a larger amount that is stated above, you must, on or before the day of , 19, send your name and address, the particulars of your claim and the name and address of your solicitor (if any) to the undersigned at - In default of your so doing the above entry in the list of creditors will in all the procecdings under the above application to reduce the capital of the company be treated as correct. Dated this day of 19 A.B., Solicitor for the said Company. No. 4. Advertisement of Petition and List of Creditors (rule U1. (e)). In the Matter of the Company, Limited; and In the Matter of The Companies Ordinance.” Notice is hereby given that a petition for confirming the reduction of the capital of the above company from § to § was on the day of , 19 presented to the Court and is now pending. And that by an order dated , 19 — , an inquiry was directed as to debts, liabilities or claims of the said company as on the ,19 (other than debts, claims or liabilities in respect of [here set out the nature of the debts, claims and liabilities to which the inquiry does not extend|). A list of the persons admitted to have been creditors of the company for debts, claims and liabilities to which the said inquiry extends on the said day of ,19 (the date fixed by the order in this matter dated ), may be inspected at the offices of the company at , OF at the office of at any time during usual business hours, on payment of the charge of twenty-four cents. Any person who claims to have been on the last-mentioned day and still to be a creditor of the company in respect of any such debt, claim or liability, and who is not entered on the said list and claims to be so entered, must on or before the day of ,19 _ , send in his name and address, and the particulars of his claim, and the name and address of his solicitor (if any) to the undersigned at , or in default thereof he will be precluded from objecting to the proposed reduction of capital. Dated this day of ,19 7, AwB., Solicitor for the said Company. 569 570 If notice is issued under r. 11 (). lf notice is issued under rod (ey. Ch. 31. No. 1.| Compante. No. 5. Affidavit as to Claims (rule 11 (f)). Title as im Form 1.) We, C.D., ete (the secretary of the said company], E.F., of, etc. [the solicstor of the said company], and A.B, of, ete. [the managing director of the said company), severally mike oath and say as follows: I, the said C.D. for myself, say as follows: 1. I did on the day of 19 in the manner hercinalter men- tioned, serve a true copy of the notice now produced and shown to me, and marked BR, upon cach of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked A, referred to in the affidavit of tiled on the day of 19 . 2.1 served the said respective copies of the said notice by putting such copies respectively duly addressed) to such persons respectively, according to their Tespeetive names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively) and with the proper postage stamps aflixed thereto as prepaid letters, into the post office at Street between the hours of and of the clock, in the noon of the said day of 19 And 1, for myself, say as follows: 3. A true copy now produced and shown to me, and marked C, has Appeared in the day of 19 the of the day ol 4. L have, in the paper writing now produced and shown to me, and marked D, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice B, now produced and shown to me by persons claiming to be creditors of the stid company for larger amounts than are stated in the list of creditors, marked A, referred to ut the afhdavit of filed on the day of 19 :09, No person has sent in to me pursuant to the said Notice B, a claim to be entered on the sud list for a larger sum than that in respect of which he is entered in the said Itst A.; 5. 1 have, in the paper writing now produced and shown to me, marked E, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the said) company on the day of 9, Not appearing on the said list of creditors, marked A, and who claimed to be entered thereon, Or, No claims have been sent in to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list A, and claiming to be so entered. | And we, for ourselves, sy as follows: 6, We have, in the first part of the said paper writing, marked D (now produced and shown to us) and also in the first part of the said paper writing marked E (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the said company to be due wholly or in part, and how much is adnutted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the company contends are wholly or as to any and what part thereof not included in the inquiry in this matter. 7. We have, in the second part of each of the said paper writings, marked D and E, set forth such of the said) debts and claims as are wholly disputed by the said company, and such of the same debts and claims as the company contends would even Uf admitted be wholly or as to any and what part thereof not included in the inguiry in this matter. Compantes. [Ch. 31. No. 1. 571 8. In the said Exhibits D and E are distinguished such of the debts the full amounts * Invoices whereof are proposed to be appropriated in such manner as the Judge shall direct. to the And I, the said C.D., further say:— amount of ays . . the receipt The exhibits now produced and shown to me marked F, contains the (*invoices should be and) receipts and the written consents of such of the sons named in the said list A attached (and in the said exhibits D and E) as have been paid by the said company or have when the consented to the proposed reduction of capital. receipt is for The said company is willing to set apart and appropriate the full amount of a larger sum the debts, claims and liabilities specified in the said list A (and in the said exhibits than that D and E) in respect of which consents have not been obtained or which the said stated in company has not paid and discharged. list A (and All rent rates taxcs salaries wages and other incidental expenses current on the exhibits D said , 19 , and since become due have been paid and discharged by the and F). said company. Sworn, etc. Exhibit D, referred to in the last-mentioned Affidavit. D. In the Matter, etc. List of debts and claims of which the particulars have been sent in to by persons claiming to be creditors of the said company for larger amounts than are stated in list of creditors made out by the company. This paper writing, marked D, was produced and shown to C.D., £.F., and A.B, respectively, and is the same as is referred to in their affidavit sworn before me this day of X.Y., ete. First Part. Debts and Claims wholly or partly admitted by the Company. _ 7 4 | Names, Amount Debts Amounts Addresses, | Particulars admitted proposed admitted by the and | of Debt Amount by the to be company to be Descriptions or claimed, Company appropriated owing but which of Claim. to be in full it is contended Creditors. owing to although are not within Creditor. disputed. the inquiry. SECOND Part. Debts and Claims wholly disputed by the Company. Names, Debts proposed Amounts which, Addresses, and Descriptions of | of Claim. claimed. in full, although is contended would Claimants. | disputed. not be within the inquiry. | Particulars | Amount tobe appropriated even if admitted, it | To 572 Ch. 31. No. 1.] Compantes. Lahibit i, referred to in the last Afidavtt. Os In the Matter, etc. List of debts and claims of which the particulars have been sent in to Mr. by persons claiming to be creditors of the company, and to be entered on the list of the creditors made out by the company. This paper writing marked E was produced and shown to C.D., E.F., and ALB, respectively, and is the same as is referred to in their affidavit sworn before me this day of > N.Y., etc. First Part. [Same as in Exhibit D.| SEconp Part. {Sane as tu Exhibit D.} Notr. The name. to be inserted alphabetically. No. 6, Notice to Creditor to Come in and Prove (rule 11 (g)). Matter of the Company, Limited; In the Matter of * The Companies Ordinance.” ‘bo Mr. : You are hereby required to come in and prove lor, establish your title to be entered in the list of creditors in this matter in respect of] the debt claimed by you apainst the above company, by filing yeur aflidavit and giving notice thereof to Mr. , the solicitor of the company, on or before the day of next; and you are to attend by your solicitor the Judge in Chambers at the Supreme Court on the day of 19) at o'clock in the noon, being the time appointed for hearing and adjudicating upon the claim, and produce any securities or documents relating to your claim. In default of your complying with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the company [or, in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors]. Dated this 19 ALB. Solicitor for the said Company. No. 7 Advertisement of Hearing of Petition (rule 11 (2). In the Matter of the Company, Limited ; and In the Matter of '' The Companies Ordinance.” Notice is hereby given that a petition presented to the Court on the day of 1 , for confirming the reduction of the capital of the above company from § to § , is directed to be heard on the day of 19 Dated this day of » 19 Solicitor for the said Company. Compantes. [Ch. 31. No. 1. No 8. Form of Order under section 152 of the Companies Ordinance (rule 13). [Title.] OrDER that all Che property rights and powers of the transferor company specified in the first second and third parts of the Schedule hereto and all other the property rights and powers of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to sechion 152 (2) of the Companies Ordinance be transferred to and vest in the trans~ leree company for all the estate and interest of the transferor company therein but subject nevertheless to all charges now allecting the same (other than [here set out uny charges which by virtue of the compromise or arrangement are to cease to have effect|) And itis Ordered that all the liabilities and duties of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to section 152 (2) of the Companies Ordinance be transferred to and become the liabilities of and dutivs of the transferee company And it is Ordered that all proceedings now pending by or against the transferor company be continued by or against the transferee company And it is Ordered that the transferee company do without further application allot to such members of the transferor company as have not given such notice of dissent as is required by clause of the scheme of compromise or arrangement herein the shares in the transferee company to which they are entitled under the said scheme. And it is ordered that the transferor company do within 7 days after the date of this order cause a copy of this order to be delivered to the Registrar for registration and on such copy being so delivered the transferor company shall be dissolved and the Registrar shall place all documents relating to the transferor company and registered with him on the file kept by him in relation to the transferee company and the files relating to the said two companies shall be consolidated accordingly. Liberty to apply. The Schedule, Part I, jfusert a short description of the freehold property of the transferor company.) Part II. id nsevt a@ short description of the leasehold property of the transferor company.] Part IIL. (fusert a short description of all stocks share. *s and other things in action of the transferor company. | ADDITIONAL FORMS. with reference to the Reduction of the Capital of Companies. These forms must be used with caution until the practice under the Companies Ordinance is settled. A. Summons for Directions as to settling List of Creditor. [Title as in Form No, 1.) (Formal parts.) Application on the part of the petitioners, the above-named company, for directions as to the proceedings to be taken for settling the list of the company’s creditors entitled to object to the proposed reduction of the capital of the company as in the petition presented in this matter on the day of ,W, mentioned, and for fixing the date with reference to which the list of creditors is to be made out. Or, [if the proposed reduction does not involve cithey diminution of liability or payment of any shave capital.) that the inquiry mentioned in rule 10 (2) (6), of the Rules of Procedure may be 573 574 Ch. 31. No. 1.] Compamtes. dispensed with, jor, for an order under section 58 (3) that subsection (2) of section 58 of the Companies Ordinance, should not apply as regards (class of creditors, e.g., the holders of the debentures, etc.)]}. That a day may be fixed for hearing the said petition and that directions may be given as to the advertisement of notice of the presentation of the said petition and of the day appointed for the hearing thereof. B. Order on Summons for Directions dispensing with List of Creditors. (Iitle as in Form No. 1.) Upon the application, etc. [as in Form A] [and it appearing that the special resolution referred to in the said petition for the reduction of the capital of the said company has been duly passed}. And it appearing that the proposed reduction of the capital of the company does not involve either the diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid-up capital of the said company. It is ordered that the inquiry mentioned in rule 10 (2) (6) of the Rules of Procedure be dispensed with. And it is ordered that the said petition be fixed for hearing in Court on day the day of , 19 = [usally about fourteen days]. And it is ordered that notice of the presentation of the said petition and of the day appointed fer the hearing thereof be inserted in the Royal Gazette on or before the dav of 19, and twice each [or as may be) on or before the day of 19 in the following newspapers, namely: Registrar of the Supreme Court. Cc. Advertisement of hearing of Petition where List of Creditors dispensed with. Title as in Form No. 1.) Notice is hereby given that a petition presented to the Court on the day of , 19 , for confirming the reduction of the capital of the above-named company from $ to § iby cancelling capital which has been lost or is unrepresented by available assets! is directed to be heard in Court on day, the day of , 19 {Any creditor desiring to oppose the making of an order for the reduction of the capital of the said company under the above Ordinance may appear at the time of hearing by himself or his counsel for that purpose. Such person is required to give two clear days’ notice in writing of his intention to appear with the grounds of his objections to the undersigned, the solicitor for the company. A copy of the petition will be furnished to any person requiring the same by the undersigned on payment of the regulated charge for the same.] Dated the day of , 19 A.B., Solicitor for the said Company.} N.B.—It is apprehended that the words in brackets will not be used where an order has been made that subsection (2) of section 58 is not to apply. D. Additional Paragraph to Form 4. And take further notice that by an Order dated the day of 19 the Court gave leave that the notice required by r. 11 (d) of the Rules of Procedure to be served on creditors of the above-named company should be served on the holders of the debentures of the said company [whose names and addresses Companies. (Ch. 31. No. 1. are unknown to the company) [on the creditors named in the [first part of the] Schedule hereto (whose addresses are unknown to the company)] snd on the Creditors named in the [second part of the) Schedule hereto (who are believed to be dead), {or us may be) by the insertion of this advertisement in the following newspapers namely: [The Schedule above referred to.) E. Additional Paragraph to Form 5. \After paragraph 2) In each copy of the notice when served the blank space appearing in the said Exhibit B was filled up by inserting therein the nature of the debt, claim, or liability and the amount or estimated value thereof as set out in the said List of Creditors marked A so far as the same is applicable to the person on whom such copy notice was served. F. Consent of Creditor to proposed Reduction (rule 11 (7)). {Title as in Form 1.} 1/We of in the of [description] who was/were on the , 19 , [date as in order for inquiry] and still am/are [a] creditor(s] cf the above-named company for the sum of $ for [particulars of debi] hereby consent to the proposed reduction of the capital of the above-named company from $ to $ Dated this day of 19 ° (Signature) Witness to the signature of iname of creditor signing consent}. Signature Address Description G. Note of the Registrar of the Supreme Court that Certificate has become binding. [Title as in Form 1.] Upon the further hearing of the summons for directions on the within petition and the certificate filed on the day of , 19 _, of the result of the inquiry as to debts, claims and liabilities directed by the order dated having become binding, direct that the said petition be fixed for hearing in Court, on the day of 19, and that the notice thereof be published on or before the day of , 19 in the following newspapers, namely: Dated the day of 19 Registrar of the Supreme Court. 575 576 Ch. 31. No. 1.| Compantes. H. Notice by Creditor of Intention to Oppose. [Title as in Form 1.] To Mr. A.B., the solicitor of the above-named company Take notice that it is my intention (or, the intention of my client E.F., of (residence and description)] to appear on the hearing of the petition presented by the above-nained company for confirming the proposed reduction of their capital and to oppose the application made thereby on the ground that [give grounds of objection) Dated this day of 19 ELF of ifesidence and description A ere ‘aid company G.H. ol (place of business) Solicitor for the said BE. a creditor of the J. Form of Minute in Cases where the Reduction is followed by Consolidation or other Alterations of the Share Capital. The capital of the Co., Limited [and Reduced), was by virtue of a special resolution and with the sanction of an order of the Court dated the day of 19 reduced from the former capital of § , divided into shares of § cach, to § . divided into shares of $ each and shares of $ each, of which at the date of the registration of this minute (a) shares of §$ each had been issued and the full amount of § had been and was to be deemed to be paid up thereon; (o) shares of $ had been issued and the amount of $ a share had been and was to be deemed to be paid up thereon; and (c) none of the said shares of $ each had been issued. A special resolution of the company has been passed to the effect that on such reduction taking effect the capital of the company as so reduced be subdivided into shares of § each, of which shares numbered to iclusive are fully paid; shares numbered to inclusive are paid up to the extent of $ a share and shares are unissued. NoTK. and reduced added only * order so directs. K Form of Minute in Simple Cases of Reduction of Capital. The capital of the Co. Limited, henceforth is § divided itu shares of § ‘ach instead of the former capital of § divided into shares of $ each, At the time of the registration of this minute shares Nos. to have been issued on each of which the sum of $ has been and ts to be deemed to be paid up and the remaining share. are unissued. Compantes. [Ch. 31. No. 1. L. Notice of Registration. [Title as in Form 1. Notice is hereby given that the order of the Court dated the day of : 19 confirming the reduction of the capital of the above-named company from $ to $ and the minute approved by the Court showing with respect to the share capital of the company as altered the several particulars required by the above Ordinance, were registered by the Registrar on the day of 1y The said minute is in the words and figures following :-- [Set out minute verbatint.| Dated this day of 19 (Name) (Address) Soltettor for the saudi Company. TWELFTH SCHEDULE. The Companies Winding Up Rules. Preliminary. 1. These rules may be cited as the Companies Winding up Rules and shall apply to the proceedings in every winding up under the Ordinance of a company which shall commence on and after the date on which the Ordinance comes into operation. Rules which from their nature and subject matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a winding up by the Court, or only to such proceedings and proceedings in a creditors’ voluntary winding up shall not apply to the proceedings in a voluntary winding up, or as the case may be in a members’ voluntary winding up whether any such voluntary winding up is or is not being continued under the supervision of the Court. 2. In these rule., unless the context or subject-matter otherwise requires— the Ordinance means the Companies Ordinance ; the company ’’ means a company which is being wound up or against which proceedings to have it wound up have been commenccd; ‘* Judge ” means a Judge of the Supreme Court; proceedings "’ means the proceedings in the winding up of company under the Ordinance; “the Registrar ” means the Registrar General appointed under the Registrar General Ordinance; *“‘ sealed ’’ means sealed with the seal of the Court. 3. The forms in the Appendix, where applicable, and where they are not applicable forms of the like character, with such variation as circumstances may require, shall be used. Where such forms are applicable any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same unless the Court shall otherwise direct. T.—IV. 37 Application of rules. Interpre- (ation of terms, Use of forms in Appendix. 578 Matters to be heard in Court and Chambers. Apph in Chi Motions and summonses. Form 1, Ch. 31. No. 1.) Compantes. Court and Chambers. 4. (1) The following matters and applications shall be heard and determined in open Court :— (a) Petitions. (6) Appeals from the Official Receiver and the Liquidator. (c) Public Examinations. (d) Applications under subsections (1) and (2) of section 260 of the Ordinance and such applications under subsection (4) of the said section as can be made to the Court. {e) Proceedings under section 201 of the Ordinance. (f) Applications under subsection (1) of section 262 of the Ordinance. (g) Applications under section 206 of the Ordinance. (4) Applications under section 274 of the Ordinance. (t) Applications under subsection (2) of section 319 of the Ordinance. (j) Applications for the committal of any person to prison for contempt. (&) Applications to rectify the Register. (!) Applications relating to the admission or rejection of proofs. Qt) Such matters and applications as the Judge may from time to time by any general or special orders direct to be heard in open Court. (2) Examinations of persons summoned before the Court under section 204 of the Ordinance, shall be held in Court or in Chambers as the Court shall direct. (3) Every other matter or application in the Court under the Ordinance to which these rules apply may be heard and determined in Chambers. 5. Subject to the provisions of the Ordinance and these rules :— (1) All matters which under the Ordinance or these rules may be heard and determined in Chambers shall be heard and determined by a Judge, provided however that any such matter which the Registrar of the Supreme Court at present has jurisdiction to hear and determine under the Judicature Ordinance or any rules made thereunder, may be heard and determined by him. (2) Any matter or application before the Registrar of the Supreme Court may at any time be adjourned by him to be heard before the Judge either in Chambers or in Court. (3) Any matter or application may, if the Judge or as the case may be, the Registrar of the Supreme Court, thinks fit, be adjourned from Chambers to Court, or from Court to Chambers. 6. (1) Every application in Court other than a petition shall be made by motion, notice of which shall be served on every person against whom an order is sought, not less than two clear days before the day named in the notice for hearing the motion, which day must be one of the days appointed for the sittings of the Court. Companies. [Ch. 31. No. 1. (2) Every application in Chambers shall be made by summons which, unless otherwise ordered, shall be served on every person against whom an order is sought, and shall require the person or persons to whom the summons is addressed to attend at the time and place named in the summons. Proceedings. 7. (1) Every proceeding in a winding up matter shall be dated, and shall with any necessary additions, be intituled in the matter of the company to which it relates and in the matter of the Companies Ordinance, and otherwise as in form 2. Numbers and dates may be denoted by fipures. (2) The first proceeding in every winding up matter shall have a distinctive number assigned to it in the office of the Registrar of the Supreme Court and all proceedings in any matter subsequent to the first proceeding shall bear the same number as the first proceeding. 8. All proceedings shall be written or printed, or partly written and partly printed on paper of the size of thirteen inches in length and eight inches in breadth, and must have a stitching margin; but no objection shall be allowed to any proof or affidavit on account only of its being written or printed on paper of other size. 9, All orders, summonses, petitions, warrants, process of any kind (including notices when issued by the Court) and office copies in any winding up matter shall be sealed. 10. Every summons in a winding up matter in the Court shall be prepared by the applicant or his solicitor, and issued from the office of the Registrar of the Supreme Court. A summons, when sealed, shall be deemed to be issued. The person obtaining the summons shall leave in the office of the Registrar of the Supreme Court a duplicate which shall be stamped with the prescribed stamp and filed. 11. Every order, whether made in Court or in Chambers in the winding up of a company shall be drawn up by the Registrar of the Supreme Court unless in any proceeding, or classes of proceedings, the Judge or the said Registrar who makes the order shall direct that no order need be drawn up. Where a direction is given that no order need be drawn up, the note or memorandum of the order, signed or initialled by the Judge or the said Registrar making the order, shall be sufficient evidence of the order having been made. 12. All petitions, affidavits, summonses, orders, proofs, notices, depositions, bills of costs and other proceedings in the Court in a winding up matter shall be kept and remain on record in the office of the Registrar of the Supreme Court and, subject to the directions of the Court, shall be placed in one continuous file. 13. All office copies of petitions, affidavits, depositions, papers and writings, or any part thereof, required by the Official Receiver or any liquidator, contributory, creditor, officer of a company, or other person entitled thereto, shall be provided by the Registrar of the Supreme 37 (2) 579 Title of proceedings. Form 2. Written or printed proceedings. Process to be scaled. Issues of summonses. File of proceedings in office of Registrar of the Supreme Court. Office copies. 580 Use of file by Official Receiver, Vrforcement of orders, Form of Petron, Forms 3 and 4. Presentation of petition, Advertise- ment of petition, Form 5. Ch. 31. No. 1.) Companies. Court, and shall, except as to figures, be fairly written out at length, and be sealed and delivered out without any unnecessary delay, and in the order in which they shall have been bespoken. 14. Every person who has been a director or officer of a company which is being wound up, shall be entitled, free of charge, and every contributory and every creditor whose claim or proof has been admitted, shall be entitled on payment of a fee of twenty-four cents for cach hour or part of an hour occupied, at all reasonable times, to inspect the file of proceedings and to take copies or extracts from any documents therein, or be furnished with such copies or extracts at a rate not exceeding eight cents per folio of seventy-two words. 15. Where, in the exercise of his functions under the Ordinance or rules, the Official Receiver requires to inspect or use the file of proceedings the Registrar of the Supreme Court shall (unless the file is at the time required for use in Court or by him) on request, transmit the file of proceedings to the Official Receiver. Service and execution of process and enforcement of orders. lo, (1) All notices, summonses, and other documents other than those of which personal service is required, may be sent by prepaid post letter to the last known address of the person to be served therewith; and the notice, summons, or document shall be considered as served at the time that the same ought to be delivered in the duc course of post by the post office, and notwithstanding the same may be returned by the post office. (2) No service shall be deemed invalid by reason that the name, or any of the names other than the surname of the person to be served, has been omitted from the document containing the person’s name, provided that the Court is satisfied that in other respects the service of the document has been sufficient. 17. Every order of the Court made in the exercise of the powers conferred by the Ordinance and rules, may be enforced as if it were a judgment or order of the Court made in the exercise of its ordinary jurisdiction. Petition. 18. Every petition for the winding up of a company by the Court, or subject to the supervision of the Court, shall be in the forms Nos. 3 and 4 in the Appendix with such variations as circumstances may require. 19. A petition shall be presented at the office of the Registrar of the Supreme Court, who shall appoint the time and place at which the petition is to be heard. Notice of the time and place appointed for hearing the petition shall be written on the petition and sealed copies thereof, and the said Registrar may at any time before the petition has been advertised, alter the time appointed, and fix another time. 20. (1) Every petition shall be advertised seven clear days before the hearing once in the Roval Gazette, and once at least in one local daily newspaper, or in such other newspaper as the Court directs. Compantes. [Ch. 31. No. 1. (2) The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner, and of his solicitor, and shall contain a note at the foot thereof, stating that any person who intends to appear on the hearing of the petition, either to Oppose or support, must send notice of his intention to the petitioner, or to his solicitors within the time and manner prescribed by rule 26, and an advertisement of a petition for the winding up of a company by the Court which does not contain such a note shall be deemed irregular. And if the petitioner or.his solicitor does not within the time hereby prescribed or within such extended time as the Registrar of the Supreme Court may allow duly advertise the petition in the manner prescribed by this rule the appointment of the time and place at which the petition is to be heard shall be cancelled by the said Registrar and the petition shall be removed from the file in his office unless the Judge or the said Registrar shall otherwise direct. 21. Every petition shall, unless presented by the company, be served upon the company at the registered office, if any, of the company, and if there is no registered office, then at the principal or last known principal place of business of the company, if any such can be found, by leaving a copy with any member, officer, or servant of the company there, or in case no such member, officer, or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member, officer or servant of the company as the Court may direct; and where the company is being wound up voluntarily, the petition shall also be served upon the Liquidator (if any), appointed for the purpose of winding up the affairs of the company. 22. Every petition for the winding up of a company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit teferring thereto. Such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by a corporation, by some director, secretary, or other principal officer thereof, and shall be swom after and filed within four days after the petition is presented, and such affidavit shall be sufficient primd facte evidence of the statements in the petition. 23. Every contributory or creditor of the company shall be entitled to be furnished, by the solicitor of the petitioner with a copy of the petition, within twenty-four hours after requiring same, on paying the rate of eight cents per folio of seventy-two words for such copy. Provisional Liquidator. 24. (1) After the presentation of a petition, upon the application of a creditor, or of a contributory, or of the company, and upon proof by affidavit of sufficient ground for the appointment of a Provisional Liquidator, the Court, if it thinks fit and upon such terms as in the opinion of the Court shall be just and necessary, may make the appointment. (2) The order appointing the Provisional Liquidator, shall bear the number of the petition, and shall state the nature and a short description 581 Service of petition, Forms 6 and 7 Verification of petition. Forms 8 and 9, Copy of petition to be furnished to creditor or con- tributory. Appoint- ment of Provisional Liquidator. Form 10. 582 Form 1] List of names and addresses of persons who appear on the petition, Form 12. Ch. 31. No. 1.] Companies. of the property of which the Provisional Liquidator is ordered to take possession, and the duties to be performed by the Provisional Liquidator. (3) Subject to any order of the Court, if no order for the winding up of the company is made upon the petition, or if an order for the winding up of the company on the petition is rescinded, or if all proceedings on the petition are stayed, or if an order is made continuing the voluntary winding up of the company subject to the supervision of the Court, the Provisional Liquidator shall be entitled to be paid out of the property of the company, all the costs, charges, and expenses properly incurred by him as Provisional Liquidator, including such sum as is or would be payable under the scale of fees for the time being in force where the Official Receiver is appointed Provisional Liquidator, and may retain out of such property the amounts of such costs, charges, and expense. . (4) Where any person other than the Official Receiver has been appointed Provisional Liquidator and the Oficial Receiver has taken any steps for the purpose of obtaining a statement of affairs or has performed any other duty preseribed by these rules the Provisional Liquidator shall pay the Official Receiver such sum, if any, as the Court directs. Hearing of petitions and orders made thereon, 25. After a petition has been presented, the petitioner, or his solicitor shall, on a day to be appointed by the Registrar of the Supreme Court, attend before the said Registrar and satisfy him that the petition has been duly advertised, that the prescribed affidavit verifving the statements therein and the affidavit of service (ifany) have been duly filed, and that the provisions of the rules as to petitions for winding up companies have been duly complied with by the petitioner. No order for the winding up of a company shall be made on the petition of any petitioner who has not, prior to the hearing of the petition, attended before the said Registrar at the time appointed, and satistied him in manner required by this rule. 26. Every person who intends to appear on the hearing of a petition shall serve on, or send by post to, the petitioner, or his solicitor, at the address stated in the advertisement of the petition, notice of his intention. The notice shall contain the address of such person, and shall be signed by him or by his solicitor, and shall be served, or if sent by post shall be posted in such time as in ordinary course of post to reach the address not later than six o'clock in the afternoon of the day previous to the day appointed for the hearing of the petition, or if such day be a Monday, not later than one o'clock in the afternoon of the Saturday previous to such day. The notice shall be in form 11 with such variations as circumstances may require. A person who has failed to comply with this rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition. 27. The petitioner, or his solicitor, shall prepare a list of the names and addresses of the persons who have given notice of their intention to appear on the hearing of the petition, and of their respective solicitors, which shall be in form 12. On the day appointed for hearing the petition a fair copy Compantes. [Ch. 31. No. 1. of the list (or if no notice of intention to appear has been given a statement in writing to that effect) shall be handed by the petitioner, or his solicitor, to the Court prior to the hearing of the petition. 28. (1) Affidavits in opposition to a petition that a company may be wound up by or subject to the supervision of the Court shall be filed within seven days of the date on which the affidavit verifying the petition is filed, and notice of the filing of every affidavit in opposition to such a petition shall be given to the petitioner or the solicitor of the petitioner, on the day on which the affidavit is filed. (2) An affidavit in reply to an affidavit: filed in opposition to a petition shall be filed within three days of the date on which notice of such aflidavit is received by the petitioner or the solicitor of the petitioner, 29, When a petitioner is not entitled to present a petition, or whether so entitled or not, where he (1) fails to advertise his petition within the time by these rules prescribed or such extended time as the Registrar of the Supreme Court may allow or (2) consents to withdraw his petition, or to allow it to be dismissed, or the hearing adjourned, or fails to appear in support of his petition when it is called on in Court on the day originally lixed for the hearing thereof, or on any day to which the hearing has been adjourned, or (3) if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, upon such terms as it may think just, substitute as petitioner any creditor or contributory who in the opinion of the Court would have a right to present a petition, and who is desirous of prosecuting the petition, An order to substitute av petitioner may, where a petitioner fails to advertise his petition within the time prescribed by these rules or consents to withdraw his petition, be made in Chambers at any time. Order to wind up a company. 30. When an order for the winding up of a company, or for the appointment of a Provisional Liquidator prior to the making of an order for the winding up of the company, has been made, the Registrar of the Supreme Court shall, on the same day, send to the Official Receiver a notice informing him that the order has been pronounced. The notice shall be in forms 13 and 14 respectively, with such variations as circumstances may require. 31. It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which an order for the winding up of a company is pronounced in Court to leave at the office of the Registrar of the Supreme Court all the documents required for the purpose of enabling the said Registrar to complete the order forthwith. 32. It shall not be necessary for the Registrar of the Supreme Court to make an appointment to settle the order, unless in any particular case the special circumstances make an appointment necessary. 33. An order to wind up a company or for the appointment of a Provisional Liquidator shall contain at the foot thereof a notice stating 583 Affidavits in opposition and reply. Substitution of creditor or contri- butory for withdrawing petitioner, Notice that winding up order has been pro- nounced to be given to Official Receiver, Forms 13 and 14. Documents for drawing up order to be left with Keyistrar of the Supreme Court. No appoint- ment for settling order. Contents of winding up order. 584 Forms 10 and 15. Transmis- sion, and advertise- ment of winding up order Forms 95 (1) and 16. Appoint- ment of special manager Accounting by special Mawiger. Form 18. Ch. 31. No. 1.] Compantes. that it will be the duty of such of the persons who are liable to make out or concur in making out the company’s statement of affairs as the Official Receiver may require, to attend on the Official Receiver at such time and place as he may appoint and to give him all information he may require. 34. (1) When an order that a company be wound up, or for the appointment of a Provisional Liquidator has been made— (a) three copies of the order sealed with the seal of the Court shall forthwith be sent by post or otherwise by the Registrar of the Supreme Court to the Official Receiver: (6) the Official Receiver shall cause a sealed copy of the order to be served upon the company by prepaid letter addressed to it at its registered office (if any) or if there is no registered office at its principal or last known principal place of business or upon such other person or persons, or in such other manner as the Court may direct, and if the order is that the company be wound up by the Court, shall forward to the Registrar the copy of the order which by section 169 of the Ordinance is directed to be so forwarded by the company or otherwise as may be prescribed; (c) the Official Receiver shall forthwith cause notice of the order to be inserted in the Royal Gazette and in one of the local daily newspapers. (2) An order for the winding up of a company subject to the supervision of the Court, shall before the expiration of twelve days from the date thereof be advertised by the petitioner, once in the Royal Gazette, and shall be served on such persons (if any) and in such manner as the Court shall direct. Special manager. 35. (1) An application by the Official Receiver for the appointment of a special manager shall be supported by a report of the Official Receiver, which shall be placed on the file of proceedings, and such report shall either state the amount of remuneration which, in the opinion of the Official Receiver, ought to be allowed to the special manager, or that it is, in the opinion of the Official Receiver, desirable that the fixing of such remuneration should be deferred. No affidavit by the Official Receiver in support of the application shall be required. (2) The remuneration of the special manager shall, unless the Court otherwise in any case directs, be stated in the order appointing him, but the Court may at any subsequent time for good cause shown make an order for payment to the special manager of further remuneration. 36. Every special manager shall account to the Official Reciever, and the special manager’s accounts shall be verified by affidavit, and when approved by the Official Receiver, the totals of the receipts and payments shall be added by the Official Receiver to his accounts. Compantes. [Ch. 31. No. 1. Statement of affairs. 37. (1) A person who under section 173 of the Ordinance has been required by the Official Receiver to submit and verify a statement of affairs of a company, shall be furnished by the Official Receiver with such forms and instructions as the Official Receiver in his discretion shall consider necessary. The statement shall be made out in duplicate, one copy of which shall be verified by affidavit. The Official Receiver shall cause to be filed with the Registrar of the Supreme Court the verified statement of affairs. (2) The Official Receiver may from time to time hold personal interviews with any such person as is mentioned in paragraphs (a), (8), (c) or (d) of subsection (2) of section 173 of the Ordinance for the purpose of investigating the company’s affairs and it shall be the duty of every such person to attend on the Official Receiver at such time and place as the Official Receiver may appoint and give the Official Receiver all information that he may require. 38. When any person requires any extension of time for submitting the statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending the time, which certificate shall be filed with the proceedings in the winding up and shall render an application to the Court unnecessary. 39. After the statement of affairs of a company has been submitted to the Official Receiver it shall be the duty of each person who has made or concurred in making it, if and when required, to attend on the Official Receiver and answer all such questions as may be put to him, and give all such further information as may be required of him by the Official Receiver in relation to the statement of affairs. 40. Any default in complying with the requirements of section 173 of the Ordinance may be reported by the Official Receiver to the Court. 41. A person who is required to make or concur in making any statement of affairs of a company shall, before incurring any costs or expenses in and about the preparation and making of the statement, apply to the Official Receiver for his sanction and submit a statement of the estimated costs and expenses which it is intended to incur; and, except by order of the Court, no person shall be allowed out of the assets of the company any costs or expenses which have not before being incurred been sanctioned by the Official Receiver. 42. (1) Any application to dispense with the requirements of section 173 of the Ordinance shall be supported by a report of the Official Receiver showing the special circumstances which in his opinion render such a course desirable. (2) When the Court has made an order dispensing with the requirements of the said section, it may give such consequential directions as it may see fit and in particular it may give directions as to the sending of any notices which are by these rules required to be sent to any person mentioned in the statement of affairs. 585 Preparation of statement of affairs. Form 19, Extension of time for submitting statement of affairs. Information subsequent to statement of affairs. Default. Expenses of statement of affairs. Dispensing with state- ment of affairs. 586 Appoint- ment of Liquidator on report of meetings of creditors and centribu- tories. Form 20, Forms 21 and 95 (7 Form 22. Form 95 Security. ). Ch. 31. No. 1.) Companies. Appointment of Liquidator in a winding up by the Court. 43. (1) As soon as possible after the first meeting of creditors and contributories have been held the Official Receiver, or the Chairman of the mecting, as the case may be, shall report the result of each meeting to the Court. (2) Upon the result of the meetings of creditors and contributories being reported to the Court, if there is a difference between the determinations of the mectings of the creditors and contributores, the Court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and determinations (if any) of the mectings, deciding differences, and making such order as shall be necessary. In any other case the Court may upon the application of the Official Receiver forthwith make any appointment necessary for giving effect to any such resolutions or determinations. (3) When a time and place have been fixed for the consideration of the resolutions and determinations of the mectings, such time and place shall be advertised by the Official Receiver in such manner as the Court shall direct, but so that the first or only advertisement shall be published not less than seven davs before the time so fixed. (4) Upon the consideration of the resolutions and determinations of the mectings the Court shall hear the Official Receiver and any creditor or contributory. (5) If a Liquidator is appointed, a copy of the order appointing him shall be transmitted to the Registrar by the Official Receiver, and as soon as the Liquidator has given security, he shall cause notice of his appointment to be inserted in the Royal Gazette. The expense of gazetting the notice of the appointment shall be paid by the Liquidator, but may be charged by him on the assets of the company. (6) Every appointment of a Liquidator or Committee of Inspection shall be advertised by the Liquidator in such manner as the Court directs immediately after the appointment has been made, and the Liquidator has given the required security. (7) If a Liquidator in a winding up by the Court shall die, or resign, or be removed, another Liquidator may be appointed in his place in the same manner as in the case of a first appointment, and the Official Receiver shall, on the request of not less than one-tenth in value of the creditors or contnbutories summon meetings for the purpose of determining whether or not the vacancy shall be filled; but none of the provisions of this rule shall apply where the Liquidator is released under section 188 of the Ordinance in which case the Official Receiver shall remain Liquidator. Security by Liquidator or special manager in a winding up by the Court. 44, In the case of a special manager or a Liquidator other than the Official Receiver, the following provisions as'to security shall have effect, namely :— (1) The security shall be given in such manner as the Court may direct. Companies. [Ch. 31. No. 1. (2) The Court shall fix the amount and nature of such security, and may from time to time, as it thinks fit, either increase or diminish the amount of the security which any person has given. (3) The certificate of the Registrar of the Supreme Court that a Liquidator or special manager has given the security ordered to be given shall be filed with the Registrar. (4) The cost of furnishing the required security by a Liquidator or special manager, including any premiums which he may pay to a guarantee society, shall be borne by him personally, and shall not be charged against the assets of the company as an expense incurred in the winding up. 45. (1) If a Liquidator or special manager fails to give the required security within the time stated for that purpose in the order appointing him, or any extension thereof, the Official Receiver shall report such failure to the Court, who may thereupon rescind the order appointing the Liquidator or special manager. (2) If a Liquidator or special manager fails to keep up his security the Official Receiver shall report such failure to the Court, who may thereupon remove the Liquidator or special manager, and make such order as to costs as the Court shall think fit. (3) Where an order is made under this rule rescinding an order for the appointment of or removing a Liquidator, the Court may direct that meetings shall be held for the purpose of determining whether an application shall be made to the Court for another Liquidator to be appointed and thereupon the same meetings shall be summoned and the same proceedings may be taken as in the case of a first appointment of a Liquidator. Public examination. 46. The consideration of a report made by the Official Receiver pursuant to subsection (2) of section 174 of the Ordinance shall be before a Judge of the Court personally in Chambers, and the Official Receiver shall personally, or by counsel or solicitor, attend the consideration of the report, and give the Court any further information or explanation with reference to the matters stated in the report which the Court may require. 47, Where a Judge makes an order under section 205 of the Ordinance, directing any person or persons to attend for public examination— (a) the examination shall be held in open Court; (b) the Judge may, if he thinks fit, either in the order for examination, or by any subsequent order, give directions as to the special matters on which any such person is to be examined. 48. Upon an order directing a person to attend for public examination being made, the Official Receiver shall, unless the Judge shall otherwise direct, without further order take an appointment for the public examination to be held. 587 Form 23. Failure to give or keep up security. Considera- tion of report. Procedure consequent on order for public examination. Form 24. Application for day for holding examination. 5388 Appoint- ment of time and place for public examination. Form 25. Notic> public examination to creditors and contri- butories. Form 95 (3). Default in attending. Form 26, Warrant of arrest. Notes of examination to be filed. Forms 27 and 28. Application by or against delinquent directors, officers and promoters. Ch. 31. No. 1.] Companies. 49. A day and place shall be appointed for holding the public examination, and notice of the day and place so appointed shall be given by the Official Receiver to the person who is to be examined by sending such notice in a registered letter addressed to his usual or last known address. 50. (1) The Official Receiver shall give notice of the time and place appointed for holding a public examination to the creditors and contributories by advertisement in such local daily newspaper as he thinks fit, and shall also forward notice of the appointment to the Roval Gazette to be inserted therein. (2) Where an adjournment of the public examination has been directed, notice of the adjournment shall not, unless otherwise directed by the Court, be advertised in any newspaper, but it shall be sufficient to publish in the Royal Gazette a notice of the time and place fixed for the adjourned examination. 51. (1) If any person who has been directed by the Court to attend for public examination fails to attend at the time and place appointed for holding or proceeding with the same, and no good cause is shown by him for such failure, or if before the day appointed for the examination the Official Receiver satisfies the Court that such person has absconded, or that there is reason for believing that he is about to abscond with the view of avoiding examination, it shall be lawful for the Court, upon it being proved to the satisfaction of the Court that notice of the order and of the time and place appointed for attendance at the public examination was duly served, without any further notice, to issue a warrant for the arrest of the person required to attend, or to make such other order as the Court shall think just. (2) A warrant of arrest issued by the Court under this rule shall be issucd in the office of the Registrar of the Supreme Court pursuant to an order of the Court directing such issue. 52. The notes of every public examination shall, after being signed as required by subsection (7) of section 205 of the Ordinance, be filed with the Registrar of the Supreme Court. Proceedings by or against directors, promoters, and officers. 53. (1) An application made to the Court under any of the following provisions of the Ordinance: (a) section 261, () subsection (1), (2) or (4) of section 260, (c) section 206, (d) subsection (2) of section 319, shall be made by a summons returnable in the first instance in Chambers. The summons shall state the nature of the declaration or order for which application is made, and the grounds of the application, and, unless otherwise ordered, shall be served in the manner in which an originating summons is required by the rules of the Supreme Court to be served, on every person against whom an order is sought, not less than eight days before the day named in the summons for hearing the application. Companies. [Ch. 31. No. t. Where any such application is made by summons no affidavit or report shall be filed before the return of the summons. (2) On the return of the summons the Court may give such directions as it shall think fit as to whether points of claim and defence are to be delivered as to the taking of evidence wholly or in part by affidavit or orally, and the cross examination either before the Judge on the hearing in Court or in Chambers of any deponents to affidavits in support of or in opposition to, the application and as to any report it may require the Official Receiver or Liquidator to make and generally as to the procedure on the summons and for the hearing thereof. (3) Where any such order as is mentioned in paragraph (2) of this tule has directed that points of claim and defence shall be delivered then if subsequently to such order and before the summons has been sect down for trial or adjourned to the Judge cither party wishes to apply for any further direction as to any interlocutory matter or thing he shall restore the summons to the list and shall give two clear days’ notice in writing to the other party stating the grounds of the application. A copy of such notice shall be filed with the Registrar of the Supreme Court two clear days before the day for which the summons is restored. 54. Where in the course of the proceedings in a winding up by the Court an order has been made for the public examination of persons named in the order pursuant to section 205 of the Ordinance, then in any proceedings subsequently instituted under any of the provisions of the Ordinance mentioned in paragraph (1) of rule 53, the verified notes of the examination of each person who was cxamined under the order shall, subject as hereinafter mentioned, and to any order or directions of the Court as to the manner and extent in and to which the notes shall be used, and subject to all just exceptions to the admissibility in evidence against any particular person or persons of any of the statements contained in the notes of the examinations, be admissible in evidence against any of the persons against whom the application is made, who, under section 205 of the Ordinance, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination: Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than fifteen days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them, specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person’s own depositions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re-examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application. Witnesses and depositions. 589 Use of depositions taken at public ex- aminations. 55. If the Court shall in any case, and at any stage of the proceedings, Shorthand be of opinion that it would be desirable that a person should be appointed notes. to take down the evidence of any person examined in’ shorthand or Forms 29 and 30. 590 Deposivions at private examuina- tions. Disclaimer. Forms 31 and 32. Ch. 31. No. 1.) Compantes. otherwise, it shall be competent for the Court to make such appointment. The person at whose instance the examination is taken shall nominate a person for the purpose, and the person so nominated shall be appointed, unless the Court shall otherwise order. Every person so appointed shall be paid a sum not exceeding five dollars a day, and a sum not exceeding sixteen cents per folio of ninety words for any transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the assets of the company as may be directed by the Court. 56. (1) The Official Receiver may attend in person, or by any assistant Official Receiver, or by counsel or by solicitors employed for the purpose, any examination of a witness under section 204 of the Ordinance, on whosesoever application the same has been ordered, and may take notes of the examination for his own use, and put such questions to the persons examined as the Court may allow. (2) The notes of the depositions of a person examined under section 204 of the Ordinance, or under any order of the Court before the Court (other than the notes of the depositions of a person examined at a public examination under section 205 of the Ordinance) shall be forthwith lodged in the office of the Registrar of the Supreme Court but shall not be filed, or be open to the inspection of any creditor, contributory, or other person, except the Official Receiver or Liquidator, or any Provisional Liquidator other than the Official Receiver, while he is acting as Provisional Liquidator, unless and until the Court shall so direct, and the Court may from time to time give such general or special directions as it shall think expedient as to the custody and inspection of such notes and the furnishing of copies of or extracts therefrom. Disclaimer. 57. (1) Any application for leave to disclaim any part of the property of a company pursuant to subsection (1) of section 253 of the Ordinance shall be by ex parte summons. Such summons shall be supported by an affidavit showing who are the partics interested and what their interests are. On the hearing of the summons the Court shall give such directions as it sees fit and in particular directions as to the notices to be given to the partics interested or any of them and the Court may adjourn the application to enable any such party to attend. (2) Where a liquidator disclaims a leasehold interest he shall forthwith file the disclaimer in the office of the Registrar of the Supreme Court. The disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is filed by the Liquidator the disclaimer shall be inoperative. A disclaimer shall be in the form 31 and a notice of disclaimer in the form 32 in the Appendix with such variations as circumstances may require. (3) Where any person claims to be interested in any part of the property of a company which the liquidator wishes to disclaim he shall at the request of the Liquidator furnish a statement of the interest so claimed by him. Companies. [Ch. 31. No. 1. Vesting of disclaimed property. 58. (1) Any application under subsection (6) of section 253 of the Ordinance for an order for the vesting of any disclaimed property in or the delivery of any such property to any persons shall be supported by the affidavit fited on the application for leave to disclaim such property. (2) Where such an application as aforesaid relates to disclaimed property of a leasehold nature and it appears that there is any mortgagec by demise, or under-lessee of such property the Court may direct that notice shall be given to such mortgagee or under-lessee that if he does not elect to accept and apply for such a vesting order as aforesaid upon the terms required by the above-mentioned subsection and imposed by the Court within a time to be fixed by the Court and stated in the notice he will be excluded from all interest in and security upon the property and the Court may adjourn the application for such notice to be given and for such mortgagee or under-lessee to be added as a party to and served with the application and if he sees fit to make such clection and application as is mentioned in the notice. If at the expiration of the time so fixed by the Court such mortgagee or under-lcssee fails to make such election and application the Court may make an order vesting the property in the applicant and excluding such mortgagee or under-lessce from all interest in or security upon the property. Arrangements with creditors and contributorics in a winding up by the Court. 59. In a winding up by the Court if application is made to the Court to sanction any compromise or arrangement the Court may, before giving its sanction thereto, hear a report by the Official Receiver as to the terms of the scheme, and as to the conduct of the directors and other officers of the company, and as to any other matters which, in the opinion of the Official Receiver, ought to be brought to the attention of the Court. The Teport shall not be placed upon the file, unless and until the Court shall direct it to be filed. Collection and distribution of assets in a winding up by the Court. 60. (1) The duties imposed on the Court by subsection (1) of section 193 of the Ordinance, in a winding up by the Court with regard to the collection of the assets of the company and the application of the assets in discharge of the company’s liabilities shall be discharged by the Liquidator as an officer of the Court subject to the control of the Court. (2) For the purpose of the discharge by the Liquidator of the duties imposed by subsection (1) of section 193 of the Ordinance, and para- graph (1) of this rule, the Liquidator in a winding up by the Court shall for the purpose of acquiring or retaining possession of the property of the company, be in the same position as if he were a receiver of the property appointed by the Court, and the Court may, on his application enforce such acquisition or retention accordingly. 61. The powers conferred on the Court by section 194 of the Ordinance shall be exercised by the Liquidator. Any contributory for the time being on the list of contributories, trustee, receiver, banker or agent or officer of a company which is being wound up under order of the Court shall, on 591 Vesting of disclaimed property. Report by Official Receiver on arrange- ments and compromises. Collection and distri- bution of company’s assets by Liquidator. Power of Liquidator to require delivery of property. Form 33. 592 Liquidator to settle list of con tnbutories. Form 34. Appomt ment of time and place for settle- ment ol list. Forms 35 and 36, Settlement of list of contribu tories, Form 37 Notice to contribu- tories. Forms and 39, Application to the Court to vary the list. Form 40. Ch. 31. No. 1.] Companies. notice from the Liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the Liquidator any money, property, books or papers, which happen to be in his hands for the time being and to which the company is primd facie entitled. List of contributories 1n a winding up by the Court. 62. Unless the Court shall dispense with the settlement of a list of contributories the Liquidator shall with all convenient speed after his appointment settle a list of contributorics of the company, and shall appoint a time and place for that purpose. The list of contributories shall contain a statement of the address of, and the number of shares or extent of interest to be attributed to each contributory, and the amount “alled up and the amount paid up in respect of such shares or interest and shall distinguish the several classes of contributories. As regards representative contributories the Liquidator shall, so far as practicable, observe the requirements of subsection (2) of section 193 of the Ordinance. 63. The Liquidator shall give notice in writing of the time and place appointed for the settlement of the list of contributories to every person whom he proposes to include in the list, and shall state in the notice to each person in what character and for what number of shares or interest he proposes to include such person in the list and what amount has been called up and what amount paid up in respect of such shares or interest. o¢. On the day appointed for settlement of the list of contributories the Liquidator shall hear any person who objects to being settled as a contributory and after such hearing shall finally settle the list, which when so settled shall be the list of contributories of the company. 65. The Liquidator shall forthwith give notice to every person whom he has finally placed on the list of contributories stating in what character and for what number of shares or interest he has been placed on the list and what amount has been called up and what amount paid up in respect of such shares or interest and in the notice he shall inform such person that any application for the removal of his name from the list, or for a variation of the list, must be made to the Court by summons within twenty-one days from the date of the service on the contributory or alleged contri- butory of notice of the fact that his name is settled on the list of contributories. 66. (1) Subject to the power of the Court to extend the time or to allow an application to be made notwithstanding the expiration of the time limited for that purpose, no application to the Court by any person who objects to the list of contributories as finally settled by the Liquidator shall be entertained after the expiration of twenty-one days from the date of the service on such person of notice of the settlement of the list. (2) The Official Receiver shall not in any case be personally liable to pay any costs of or in relation to an application to set aside or vary his act or decision settling the name of a person on the list of contributories of a company. Companies. [Ch. 31. No. 1. 67. The Liquidator may from time to time vary or add to the list of contributories, but any such variation or addition shall be made in the same manner in all respects as the settlement of the original list. Calls. 68. The powers and duties of the Court in relation to making calls upon contributories conferred by section 196 of the Ordinance, shall and may be exercised, in a winding up by the Court, by the Liquidator as an officer of the Court subject to the proviso to section 209 of the Ordinance, and to the following regulations :— (1) Where the Liquidator desires to make any call on the contributorie:, or any of them for any purpose authorised by the Ordinance, if there is a Committee of Inspection he may summon a meeting of such Committee for the purpose of obtaining their sanction to the intended call. (2) The notice of the meeting shall be sent to each member of the Committee of Inspection in sufficient time to reach him not less than seven days before the day appointed for holding the meeting, and shall contain a statement of the proposed amount of the call, and the purpose for which it is intended. Notice of the intended call and the intended meeting of the Committee of Inspection shall also be advertised once at least in a local daily newspaper. The advertise- ment shall state the time and place of the intended meeting of the Committee of Inspection, and that each contributory may either attend the said meeting and be heard, or make any communication in writing to the Liquidator or members of the Committee of Inspection to be laid before the meeting in reference to the said intended call. (3) At the meeting of the Committee of Inspection any statements or representations made either to the meeting personally or addressed in writing to the Liquidator or members of the Committee by any contributory shall be considered before the intended call is sanctioned. (4) The sanction of the Committee shall be given by resolution, which shall be passed by a majority of the members present. (5) Where there is no Committee of Inspection, the Liquidator shall not make a call without obtaining the leave of the Court. 69. In a winding up by the Court an application to the Court for leave to make any call on the contributories of a company, or any of them, for any purpose authorised by the Ordinance, shall be made by summons stating the proposed amount of such call, which summons shall be served four clear days at the least before the day appointed for making the call on every contributory proposed to be included in such call; or if the Court so directs, notice of such intended call may be given by advertise- ment, without a separate notice to each contributory. 70. When the Liquidator is authorised by resolution or order to make a call on the contributories he shall file with the Registrar of the Supreme Court a document in the form 49 with such variations as such circumstances may require making the call. T.—IV. 38 593 Variation of or addition to list of con- tributories. Form 41. Calls by Liquidator. Form 42. Form 43. Form 44. Application to the Court for leave to make a call. Forms 45 to 48. Document making the call. Form 49. 594 Service of notice of a call. Forms 44, 48, 50 and 51 Enforcement of call Ferms 52, 53, and 54, Proof o debt. Verification of prool. Centents of preof, Ferm 54. Statement of security, TPreof before whom sworn. Costs of proof, iscount, Periodical payments. Ch. 31. No. 1.] Compantes. 71. When a call has been made by the Liquidator in a winding up by the Court, a copy of the resolution of the Committee of Inspection or order of the Court (if any), as the case may be, shall forthwith after the call has been made be served upon each of the contributories included in such call, together with a notice from the Liquidator specifying the amount or balance due from such contributory in respect of such call, but such resolution or order need not be advertised unless for any special reason the Court so directs. 72. The payment of the amount due from each contnbutory on a call may be enforced by order of the Court, to be made in Chambers on summons by the Liquidator. Proofs. 73. In a winding up by the Court every creditor shall subject as hereinafter provided prove his debt, unless the Judge in any particular winding up shall give directions that any creditors or class of creditors shall be admitted without proof. 74. A debt may be proved in any winding up by delivering or sending through the post an affidavit verifying the debt. In a winding up by the Court the affidavit shall be so sent to the Official Receiver or if a Liquidator has been appointed, to the Liquidator; and in any other winding up the affidavit may be so sent to the Liquidator. 75. An affidavit proving a debt may be made by the creditor himself or by some person authorised by or on behalf of the creditor. If made by a person so authorised, it shall state his authority and means of knowledge. 76. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or Liquidator to whom the proof is sent may at any time call for the production of the vouchers. 77, An affidavit proving a debt shall state whether the creditor is or is not a secured creditor. 78. An affidavit proving a debt may in a winding up by the Court be sworn before the Official Receiver, or Assistant Official Receiver. 79. A creditor shall bear the cost of proving his debt unless the Court otherwise orders. 80. A creditor proving his debt shall deduct therefrom (a) any discount which he may have agreed to allow for payment in cash in excess of five per centum on the net amount of his claim and (8) all trade discounts. 81. When any rent or other payment falls due at stated periods, and the order or resolution to wind up is made at any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of the winding up order or resolution as if the rent or payment grew due from day to day: Provided that where the Liquidator remains in occupation of premises Companies. [Ch. 31. No. 1. demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the Liquidator, of rent during the period of the company’s or the Liquidator’s occupation. 82. On any debt or sum certain, payable at a certain time or otherwise whereon interest is not reserved or agreed for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding six per centum per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment. 83. A creditor may prove for a debt not payable at the date of the winding up order or resolution, as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of six per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted. 84. In any case in which it appears that there are numerous claims for wages by workmen and others employed by the company, it shall be suthcient if one proof for all such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others. 85. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other negotiable instrument or security on which the company is liable, such bill of exchange, note, instrument, or security must, subject to any special order of the Court made to the contrary, be produced to the Official Receiver, Chairman of a meeting or Liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose. 86. Where a Liquidator is appointed in a winding up by the Court, all proofs of debts that have been received by the Official Receiver shall be handed over to the Liquidator, but the Official Receiver shall first make a list of such proofs, and take a receipt thereon from the Liquidator for such proofs. ° Admission and rejection of proofs and preferential claims and appeal to the Court. 87. (1) Subject to the provisions of the Ordinance, and unless otherwise ordered by the Court, the Liquidator in any winding up may from time to time fix a certain day, which shall be not less than fourteen days from the date of the notice, on or before which the creditors of the company are 38 (2) 595 Interest. Proof for debt payable at a future time. Workmen's wages, Form 56. Production of bills of exchange and promissory notes. Transmission of proofs to Liquidator. Notice to creditors to prove. 596 Ch. 31. No. 1.) Companies. Examination of prook ‘orm 57. Expuneing at instance of Liquidator, Expunging at mstance of creditor, Oaths, Official Recerver’s powers, Filing proofs by Official Receiver. to prove their debts or claims, and to establish any title they may have to priority under section 250 of the Ordinance or to be excluded from the benefit of any distribution made before such debts are proved, or as the case may be from objecting to such distribution. (2) The Liquidator shall give notice in writing of the day so fixed by advertisement in such newspaper as he shall consider convenient, and in a winding up by the Court to every person mentioned in the statement of affairs as a creditor, and who has not proved his debt, and to every person mentioned in the statement of affairs as a preferential creditor whose claim to be a preferential creditor has not been established and is not admitted, and in any other winding up to the last known address or place of abode of cach person who, to the knowledge of the Liquidator, claims to be a creditor or preferential creditor of the company and whose claim has not been admitted. (3) All the rules hereinafter set out as to admission and rejection of proofs shall apply with the necessary variations to any such claim to priority as aforesaid. 88. The Liquidator shall examine every proof of debt lodged with him, and the grounds of debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection. 89. If a creditor or contributory is dissatisfied with the decision of the Liquidator in respect of a proof, the Court may, on the application of the creditor or contributory, reverse or vary the decision; but, subject to the power of the Court to extend the time, no application to reverse or vary the decision of the Liquidator in a winding up by the Court Tejecting a proof sent to him by a creditor, or person claiming to be a creditor, shall be entertained, unless notice of the application is given before the expiration of twenty-one days from the date of the service of the notice of rejection. 90. If the Liquidator thinks that a proof has been improperly admitted, the Court may, on the application of the Liquidator, after notice to the creditor who made the proof, expunge the proof or reduce its amount. 91. The Court may also expunge or reduce a proof upon the application of a creditor or contributory if the Liquidator declines to interfere in the matter. 92. Yor the purpose of any of his duties in relation to proofs, the Liquidator, in a winding up by the Court, may administer oaths and take affidavits. 93. In a winding up by the Court the Official" Receiver, before the appointment of a Liquidator, shall have all the powers of a Liquidator with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal. 94. In a winding up by the Court the Official Receiver, where no other Liquidator is appointed, shall, before payment of a dividend, file all proofs tendered in the winding up, with a list thereof, distinguishing in Companies. (Ch. 31. No. 1. such list the proofs which were wholly or partly admitted, and the proofs which were wholly or partly rejected. 95. Every Liquidator in a winding up by the Court other than the Official Receiver shall on the first day of every month, file with the Registrar of the Supreme Court a certified list of all proofs, if any, received by him, during the month next preceding, distinguishing in such lists the proofs admitted, those rejected, and such as stand over for further consideration; and in the case of proofs admitted or rejected, he shall cause the proofs to be filed with the said Registrar. 96. The Liquidator in a winding up by the Court, including the Official Receiver when he is Liquidator, shall, within three days after receiving notice from a creditor of his intention to appeal against a decision rejecting a proof, file such proof with the Registrar of the Supreme Court, with a memorandum thereon of his disallowance thereof. 97. Subject to the power of the Court to extend the time in a winding up by the Court, the Official Receiver as Liquidator, not later than fourteen days from the latest date specified in the notice of his intention to declare a dividend as the time within which such proofs must be lodged, shall in writing either admit or reject wholly, or in part, every proof lodged with him, or require further evidence in support of it. 98. Subject to the power of the Court to extend the time, the Liquidator in a winding up by the Court, other than the Official Receiver, within twenty-eight days after receiving a proof, which has not previously been dealt with shall in writing either admit or reject it wholly or in part, or require further evidence in support of it: Provided that where the Liquidator has given notice of his intention to declare a dividend, he shall within fourteen days after the date mentioned in the notice as the latest date up to which proofs must be lodged, examine, and in writing admit or reject, or require further evidence in support of, every proof which has not been already dealt with, and shall give notice of his decision, rejecting a proof wholly or in part, to the creditors affected thereby. Where a creditor’s proof has been admitted the notice of dividend shall be a sufficient notification of the admission. 99. The Official Receiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part. Dividends in a winding up by the Court. 100. (1) Not more than two months before declaring a dividend the Liquidator in a winding up by the Court, shall cause notice of his intention to do so to be inserted in the Royal Gazette, and at the same time give notice to such of the creditors mentioned in the statement of affairs as have not proved their debts. Such notice shall specify the latest date up to which proofs must be lodged, which shall not be less than fourteen days from the date of such notice. (2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date up to which proofs may be lodged, appeals against the decision of the Liquidator rejecting a 597 Proofs to be filed. Form 58. Procedure where creditor appeals. Time for dealing with proofs by Official Receiver. Time for dealing with proofs by Liquidator. Costs of appeals from decisions as to proofs. Dividends to creditors. Forms 59, 60 and 95 (4) 598 Forms 61 and 95 (4) Form 62, Return o capital te contribu. tories, Forms 624, 64 and O8§ (6), First mect- ings of ereditars ane contribu- torie. Ch. 31. No. 1.] Companies. proof, notice of appeal shall, subject to the power of the Court to extend the time in special cases, be given within seven days from the date of the notice of the decision against which the appeal is made, and the Liquidator may in such case make provision for the dividend upon such proof, and the probable cost of such appeal in the event of the proof being admitted. Where no notice of appeal has been given within the time specified in this rule, the Liquidator shall exclude all proofs which have been rejected from participation in the dividend. (3) Immediately after the expiration of the time fixed by this tule for appealing against the decision of the Liquidator he shall proceed to declare a dividend, and shall cause notice thereof to be inserted in the Roval Gazette, and shall also send a notice of dividend to each creditor whose proof has been admitted. (4) If it becomes necessary, in the opinion of the Liquidator and the Committee of Inspection, to postpone the declaration of the dividend beyond the limit of two months, the Liquidator shall cause a fresh notice of his intention to declare a dividend to be inserted in the Royal Gazette, but it shall not be necessary for the Liquidator to give a fresh notice to such of the creditors mentioned in the statement of affairs as have not proved their debts. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice. (5) Dividends may at the request and risk of the person to whom they are payable be transmitted to him by post. (6) If a person to whom dividends are payable desires that they shall be paid to some other person he may lodge with the Liquidator a document in the form 62 which shall be a sufficient authority for payvinent of the dividend to the person therein named. 101. Every order by which the Liquidator in a winding up by the Court is authorised to make a return to contributories of the company shall, unless the Court shall otherwise direct, contain or have appended thereto a Schedule or List (which the Liquidator shall prepare) setting out in a tabular form the full names and addresses of the persons to whom the return is to be paid, and the amount of money payable to each person, and particulars of the transfers of shares (if any) which have been made ov the variations in the list of contributories which have arisen since the date of the settlement of the list of contributorics and such other information as may be requisite to enable the return to be made. The Schedule or List shall be in the form 64 with such variations as cireum- stances shall require, and the Liquidator shall send a notice of return to each contributory, General mectings of creditors and contributories in relation to a winding up by the Court, 102. Unless the Court otherwise directs, the meetings of creditors and contributories wider section 177 of the Ordinance (hereinafter referred to as the first meetings of creditors and contributories) shall be held within one month or if a special manager has been appointed then within six weeks after the date of the winding up order. The dates of such meetings shall be fixed and they shall be summoned by the Official Receiver. Companies. [Ch. 31. No. 1. 103. The Official Receiver shall forthwith cause notice of the dates fixed by him for the first meetings of creditors and contributories to be inserted in the Royal Gazette. 104. The first meetings of creditors and contributories shall be summoned as hereinafter provided. 105. The notices of first mectings of creditors and contributories may be in forms 65 and 66 appended thereto, and the notices to creditors shall state a time within which the creditors must lodge their proofs in order to entitle them to vote at the first meeting. 106. The Official Receiver shall also give to each of the directors and other officers of the company who in his opinion ought to attend the first mectings of creditors and contributories seven days’ notice of the time and place appointed for each meeting. The notice may either be delivered personally or sent by prepaid post letter, as may be convenient. It shall be the duty of every director or officer who receives notice of such meeting to attend if so required by the Official Receiver, and if any such director or officer fails to attend the Official Receiver shall report such failure to the Court. 107. (1) The Official Receiver shall also, as soon as practicable, send to each creditor mentioned in the company’s statement of affairs, and to each person appearing from the company’s books or otherwise to be a contributory of the company a summary of the company’s statement of affairs, including the causes of its failure, and any observations thereon which the Official Receiver may think fit to make. The proceedings at a meeting shall not be invalidated by reason of any summary or notice required by these rules not having been sent or received before the meeting. (2) Where prior to the winding up order the company has commenced to be wound up voluntarily the Official Receiver may if in his absolute discretion he sees fit so to do send to the persons aforesaid or any of them an account of such voluntary winding up, showing how such winding up has been conducted and how the property of the company has been disposed of and any observations which the Official Receiver may think fit to make on such account or on the voluntary winding up. General meetings of creditors and contributortes in relation to winding up by the Court and of creditors in relation to a credstor's voluntary winding up. 108. (1) In addition to the first meetings of creditors and contributories and in addition also to mectings of creditors and contributories directed to be held by the Court under section 272 of the Ordinance (hercinafter referred to as Court meetings of creditors and contributores) the Liquidator in any winding up by the Court may himself from time to time subject to the provisions of the Ordinance and the control of the Court summon, hold and conduct meetings of the creditors or con- tributories (hereinafter referred to as Liquidator's meetings of creditors and contributories) for the purpose of ascertaining their wishes in all matters relating to the winding up. 599 Notice of first mect- ings to be gazcttcd. Form 95 (2). Summoning of first meetings. Form of notices of first meetings. Forms 05 and 66, Notice of first: mecting to officers of company. Form 67, Sumrary of statement of affairs. Liquidator's meetings of creditors and contribu- tories. 600 Summoning of meetings Form 60 Proof io notice. Forms 70 and 71 Vlace of meetine. Ch. 31. No. 1.] Compantes. (2) In any creditors voluntary winding up the Liquidator may himself from time to time summon, hold and conduct meetings of creditors for the purpose of ascertaining their wishes in all matters relating to the winding up (such meetings and all meetings of creditors which a Liquidator or a company is by the Ordinance required to convene in or immediately before such a voluntary winding up and all meetings convened by a creditor in a voluntary winding up under these rules are hereinafter called voluntary liquidation mectings). 109. Except where and so far as the nature of the subject matter or the context may otherwise require the rules as to meetings hereinafter set out shall apply to first meetings, Court meetings, Liquidator’s mectings of creditors and contributories, and voluntary liquidation meetings, but so nevertheless that the said rules shall take effect as to first meetings subject and without prejudice to any express provisions of the Ordinance and as to Court mectings subject and without prejudice to anv express directions of the Court. 110. (1) The Official Receiver or Liquidator shall summon all meetings of creditors and contributories by giving not less than seven days’ notice of the time and place thereof in the Royal Gazetle and in a local daily newspaper; and shall not less than seven days before the day appointed for the meeting send by post to every person appearing by the company’ books to be a creditor of the company notice of the meeting of creditors, and to every person appearing by the company’s books or otherwise to be a contributory of the company notice of the mecting of contributories. (2) The notice to each creditor shall be sent to the address given in his proof, or if he has not proved to the address given in the statement of affairs of the company, if anv, or to such other address as may be known to the person summoning the meeting. The notice to each contributory shall be sent to the address mentioned in the company’ books as the address of such contributory, or to such other address as may be known to the person summoning the meeting. (3) In the case of meetings under section 230 of the Ordinance the continuing Liquidator or if there is no continuing Liquidator any creditor may summon the mecting. (4) This rule shall not apply to mectings under section 226 or section 233 of the Ordinance. 111. A certificate by the Official Receiver or other officer of the Court, or by the clerk of any such person, or an affidavit by the Liquidator, or creditor, or his solicitor, or the clerk of either of such persons, or as the case may be by some officer of the company or its solicitor or the clerk of such company or solicitor, that the notice of any mecting has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same is addressed. 112. Every meeting shall be held at such place as is in the opinion of the person convening the same most convenient for the majonty of the creditors or contnibutories or both. Different times or places or both may if thought expedient be named for the meetings of creditors and for the mectings of contributories. Compantes. [Ch. 31. No. 1. 601 113. The costs of summoning a meeting of creditors or contributories at the instance of any person other than the Official Receiver or Liquidator shall be paid by the person at whose instance it is summoned who shall before the meeting is summoned deposit with the Official Receiver or Liquidator (as the case may be) such sum as may be required by the Official Receiver or Liquidator as security for the payment of such costs. The costs of summoning such meeting of creditors or contributories, including all disbursements for printing, stationery, postage and the hire of room, shall be calculated at the following rate for each creditor or contributory to whom notice is required to be sent, namely forty-eight cents per creditor or contributory for the first twenty creditors or contributories, twenty-four cents per creditor or contributory for the next thirty creditors or contributories, twelve cents per creditor or contributory for any number of creditors or contributories after the first fifty. The said costs shall be repaid out of the assets of the company if the Court shall by order or if the creditors or contributories (as the case may be) shall by resolution so direct. This rule shall not apply to meetings under sections 226 or 230 of the Ordinance. 114. Where a meeting is summoned by the Official Receiver or the Liquidator, he or somcone nominated by him shall be Chairman of the mecting. At every other meeting of creditors or contributories the Chairman shall be such person as the mecting by resolution shall appoint. This rule shall not apply to meetings under section 226 of the Ordinance, 115. At a meeting of creditors a resolution shall be deemed to be passed when a majority in number and value of the creditors present personally or by proxy and voting on the resolution have voted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to be passed when a majority in number and value of the contributories present personally or by proxy, and voting on the resolution, have voted in. favour of the resolution, the value of the contributories being determined according to the number of votes conferred on each contributory by the regulations of the company. 116. The Official Receiver or as the case may be the Liquidator shall file with the Registrar of the Supreme Court a copy certified by him of every resolution of a meeting of creditors or contributories in a winding up by the Court. 117. Where a meeting of creditors or contributories is summoned by notice the proceedings and resolutions at the meeting shall unless the Court otherwise orders be valid notwithstanding that some creditors or contributories may not have received the notice sent to them. 118. The Chairman may with the consent of the meeting adjourn it from time to time and from place to place, but the adjourned meeting shall be held at the same place as the original meeting unless in the tesolution for adjournment another place is specified or unless the Court otherwise orders. 119. (1) A meeting may not act for any purpose except the election of a chairman, the proving of debts and the adjournment of the meeting unless there are present or represented thereat at least three creditors Costs of calling meetings. Chairman of Meeting. Form 72. Ordinary resolution of creditors and con- tributories. Copy of resolution to be filed. Non-recep- tion of notice by a creditor. Adjourn- ments, Form 73. Quorum. 602 Creditors entitled ta vote. Votes of secured creditors, Creditor required to give up security, Ch. 31. No. 1.] Companies. entitled to vote or three contributories or all the creditors entitled to vote or all the contributories if the number of creditors entitled to vote or the contributorics as the case may be shall not exceed three. (2) If within half an hour from the time appointed for the meeting a quorum of creditors or contributories is not present or represented the meeting shall be adjourned to the same day in the following week at the same time and phice or to such other day or time or place as the chairman may appoint but so that the dav appointed shall be not less than seven or more than twenty-one days from the day from which the meeting was adjourned. 120. In the case of a first meeting of creditors or of an adjournment thereof a person shall not be entitled to vote as a creditor unless he has duly lodged with the Official Receiver not later than the time mentioned for that purpose in the notice convening the meeting or adjourned meeting a proof of the debt which he claims to be due to him from the company. In the case of a Court meeting or Liquidator’s mecting of creditors a person shall not be entitled to vote as a creditor unless he has lodged with the Official Receiver or Liquidator a proof of the debt which he claims to be due to him from the company and such proof has been admitted wholly or in part before the date on which the meeting is held: Provided that this and the next four following rules shall not apply to a Court meeting of creditors held prior to the first meeting of creditors. This rule shall not apply to any creditors or class of creditors who by virtue of the rules or any directions given thereunder are not required to prove their debts or to any voluntary liquidation meeting. 121. A creditor shall not vote in respect of any unliquidated or contingent debt, or any debt the value of which is not ascertained, nor shall a creditor vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him unless he is willing to treat the liability to him thereon of every person who is liable thercon antecedently to the company, and against whom a receiving order in bankruptcy has not been made, as a security in his hands, and to estimate the value thereof, and for the purposes of voting, but not for the purposes of dividend, to deduct it from his proof. 122. For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof or in a voluntary liquidation in such a statement as is hereinafter mentioned the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to vote only in respect of the balance (if any) due to him after deducting the value of his security. If he votes in respect of his whole debt he shall be deemed to have surrendered his security, unless the Court on application is satisfied that the omission to value the security has arisen from inadvertence. 123. The Official Receiver or Liquidator may within twenty-eight days after a proof or in a voluntary liquidation a statement estimating the value of a security as aforesaid has been used in voting at a meeting require the creditor to give up the security for the benefit of the creditors fenerally on payment of the value so estimated with an addition thereto of twenty per cent.: Provided that where a creditor has valued his security he may at any time before being required to give it up correct the valuation by a new proof and deduct the new value from his debt, but in that case the said addition of twenty per cent. shall not be made if the security is required to be given up. 124. The Chairman shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the Court. If he is in doubt whether a proof shall be admitted or rejected he shall mark it as objected to and allow the creditor to vote subject to the vote being declared invalid in the event of the objection being sustained. 125. For the purpose of voting at any voluntary liquidation meetings a secured creditor shall unless he surrender his security lodge with the Liquidator or where there is no Liquidator at the registered office of the company before the mecting a statement giving the particulars of his security, the date when it was given and the value at which he assesses it. 126. (1) The Chairman shall cause minutes of the proceedings at the mecting to be drawn up and fairly entered in a book kept for that purpose and the minutes shall be signed by him or by the Chairman of the next ensuing meeting. (2) A list of creditors and contributories present at every meeting shall be made and kept as in form 68. Proxtes in relation to a winding up by the Court and to meetings of creditors tn a creditors’ voluntary winding up. 127. A creditor or a contributory may vote either in person or by proxy. Where a person is authorised in manner provided by section 114 of the Ordinance to represent a corporation at any meeting of creditors or contributories such person shall produce to the Official Receiver or Liquidator or other the Chairman of the meeting a copy of the resolution so authorising him. Such copy must either be under the seal of the corporation or must be certified to be a true copy by the secretary or a director of the corporation. The succeeding rules as to proxies shall not (unless otherwise directed by the Court) apply to a Court meeting of creditors or contributories prior to the first meeting. 128. Every instrument of proxy shall be in accordance with the form in the Appendix and every written part thereof shall be in the handwriting of the person giving the proxy or of any manager or clerk or other person in his regular employment or of a Commissioner of Affidavits. 129. General and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting, and neither the name nor description of the Official Receiver or Liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is so sent. 130. A creditor or a contributory may give a general proxy to any person. Companies. [Ch. 31. No. 1. 603 Admission and rejec- tion of proofs for purpose of voting. Statement of security, Minutes of meeting, Form 68. Proxies. Form of proxies. Forms 74 and 75. Forms of proxy to be sent with notices. General proxies. 604 Special proxies. Solicitation by Liquida- tor to obtain proxic. Proxies to Otter Reeciver o Liquidator older of proxv not to vote on matter in which he is financially interested, DProxie. Forms 74 and 75. Use of proxies by deputy. Ch. 31. No. 1.] Companues. 131. A creditor or a contributory may give a special proxy to any person to vote at any specified meeting or adjournment thereof:— (a) for or against the appointment or continuance in office of any specified person as Liquidator or Member of the Committee of Inspection; and (b) on all questions relating to any matter other than those above referred to and arising at the meeting or an adjournment thereof. 132. Where it appears to the satisfaction of the Court that any solicitation has been used by or on behalf of a Liquidator in obtaining proxies or in procuring his appointment as Liquidator except by the direction of a meeting of creditors or contributories, the Court if it thinks fit may order that no remuneration be allowed to the person by whom or on whose behalf the solicitation was exercised notwithstanding any resolution of the Committee of Inspection or of the ereditors or contributories to the contrary. 133. A creditor or a contributory in a winding up by the Court may appoint the Official Receiver or Liquidator and in a voluntary winding up the Liquidator or if there is no Liquidator the Chairman of a meeting to act as his general or special proxy. 134. No person acting either under a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the estate of the company otherwise than as a creditor rateably with the other creditors of the company: Provided that where any person holds special proxies to vote for an application to the Court in favour of the appointment of himself as Liquidator he may use the said proxies and vote accordingly. 135. (1) A proxy intended to be used at the first mecting of creditors or contributories, or an adjournment thercof, shall be lodged with the Official Receiver not later than the time mentioned for that purpose in the notice convening the meeting or the adjourned meeting, which time shall be not earlicr than twelve o'clock at noon of the day but one before, nor later than twelve o'clock at noon of the day before the day appointed for such meeting, unless the Court otherwise directs. (2) In every other case a proxy shall be lodged with the Official Receiver or Liquidator in a winding up by the Court, with the company at its registered office for a mecting under section 226 of the Ordinance, and with the Liquidator or if there is no Liquidator with the person named in the notice convening the meeting to reccive the same in a voluntary winding up not later than four o'clock in the afternoon of the day before the meeting or adjourned meeting at which it is to be used. (3) No person shall be appointed a gencral or special proxy who is a minor. 136. Where the Official Receiver who holds any proxies cannot attend the meeting for which they are given, he may, in writing, depute some person under his official control to use the proxies on his behalf and in such manner as he may direct. Companies. (Ch. 31. No. 1. 137. The proxy of a creditor blind or incapable of writing may be accepted, if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence: Provided that all insertions in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request and in the presence of the creditor before he attached his signature or mark. Attendance and appearance of parties. 138. (1) Every person for ‘the time being on the list of contributories of the company, and every person whose proof has been admitted shall be at liberty, at his own expense, to attend proceedings, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of; but if the Court shall be of opinion that the attendance of any such person upon any proceedings has occasioned any additional costs which ought not to be borne by the funds of the company, it may direct such costs, or a gross sum in lieu thereof, to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same. (2) The Court may from time to time appoint any one or more of the creditors or contributories to represent before the Court, at the expense of the company, all or any class of the creditors or contributories upon any question or in relation to any proceedings before the Court, and may remove the person so appointed. If more than one person is appointed under this rule to represent one class, the person appointed shall employ the same solicitor to represent them. (3) No creditor or contributory shall be entitled to attend any proceedings in Chambers unless and until he has entered in a book, to be kept by the Registrar of the Supreme Court for that purpose, his name ind address, and the name and address of his solicitor (if any) and upon any change of his address, or of his solicitor, his new address, and the name and address of his new solicitor. 139, Where the attendance of the Liquidator’s solicitor is required on any proceeding in Court or Chambers, the Liquidator need not attend in yrerson, except in cases where his presence is necessary in addition to that of his solicitor, or the Court directs him to attend. Liquidator and Committee of Inspection. 140, (1) The remuneration of a Liquidator, unless the Court shall otherwise order, shall be fixed by the Committce of Inspection and shall be in the nature of a commission or percentage of which one part shall be payable on the amount realised, after deducting the sums (if any) paid to secured creditors (other than debenture holders) out of the proceeds of their securities, and the other part on the amount distributed in dividend. 605 Filling in where creditor blind or incapable. Attendance at proceed- ings. Attendance of Liquidator's solicitor. Remunera- tion of Liquidator. 606 Limit of remunera- tion. Dealing. with ass Connnittee of Inspection not to make profit. Costs of obtaining sanction of Court. Ch. 31. No. 1.] Compantes. (2) If there is no Committee of Inspection the remuneration of the Liquidator shall, unless the Court shall otherwise order, be fixed by the scale of fees and percentages for the time being payable on realisations and distributions by the Official Receiver as Liquidator. (3) This rule shall only apply to a Liquidator appointed in a winding up by the Court. 141. Except as provided by the Ordinance or the rules, a Liquidator shall not under any circumstances, whatever, make any arrangement for, or accept from any solicitor, auctioneer, or any other person connected with the company of which he is Liquidator, or who is employed in or in connection with the winding up of the company, any gift, remuneration, or pecuniary or other consideration or benefit whatever beyond the remuneration to which under the Ordinance and the rules he is entitled as Liquidator, nor shall he make any arrangement for giving up, or give up any part of such remuneration to any such solicitot, auctioneer, or other person. 142. Neither the Liquidator, nor any member of the Committee of Inspection of a company shall, while acting as Liquidator or member of such committee, except by leave of the Court, either directly or indirectly, by himself or any employer, partner, clerk, agent, or servant, become purchaser of any part of the company’s assets. Any such purchase made contrary to the provisions of this rule may be set aside by the Court on the application of the Official Receiver in a winding up by the Court or of any creditor or contributory in any winding up, and the Court may make such order as to costs as the Court shall think fit. 143. Where the Liquidator carries on the business of the company, he shall not, without the express sanction of the Court, purchase goods for the carrying on of such business from any person whose connection with him is of such a nature as would result in his obtaining any portion of the profit (if any) arising out of the transaction. 144, No member of a Committee of Inspection shall, except under and with the sanction of the Court, directly or indirectly, by himself, or any employer, partner, clerk, agent, or servant, be entitled to derive any profit from any transaction arising out of the winding up or to receive out of the assets any payment for services rendered by him in connection with the administration of the assets, or for any goods supplied by him to the Liquidator for or on account of the company. In a winding up by the Court if it appears to the Official Receiver or in a voluntary winding up if it appears to the Committee of Inspection or to any meeting of creditors or contributories that any profit or payment has been made contrary to the provisions of this rule, they may disallow such payment or recover such profit as the case may be, on the audit of the Liquidator’s accounts or otherwise. 145. In any case in which the sanction of the Court is obtained under the two last preceding rules, the cost of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained, and shall not be payable out of the company’s assets. Companies. [Ch. 31. No. 1. 146. Where the sanction of the Court to a payment to a member of a Committee of Inspection for services rendered by him in connection with the administration of the company’s assets is obtained, the order of the Court shall specify the nature of the services, and such sanction shall only be given where the service performed is of a special nature. Except by the express sanction of the Court no remuneration shall, under any circumstances, be paid to a member of a Committee for services rendered by him in the discharge of the duties attaching to his office as a member of such Committee. 147, (1) Where a Liquidator is appointed by the Court, and has notified his appointment to the Registrar and given security as required, the Official Receiver shall forthwith put the Liquidator into possession of all property of the company of which the Official Receivewrmay have custody : Provided that such Liquidator shall have, before the assets are handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him, and on account of any advances properly made by him in respect of the company, together with interest on such advances at the rate of six per centum per annum; and the Liquidator shall pay all fees, costs, and charges of the Official Receiver which may not have been discharged by the Liquidator before being put into possession of the property of the company, and whether incurred before or after he has been put into such possession. (2) The Official Receiver shall be deemed to have a lien upon the company’s assets until such balance shall have been paid and the other liabilities shall have been discharged. (3) It shall be the duty of the Official Receiver, if so requested by the Liquidator, to communicate to the Liquidator all such information respecting the estate and affairs of the company as may be necessary or conducive to the due discharge of the duties of the Liquidator. (4) This and the next following rule shall only apply in a winding up by the Court. 148. A Liquidator who desires to resign his office shall summon separate meetings of the creditors and contributories of the company to decide whether or not the resignation shall be accepted. If the creditors and contributories by ordinary resolutions both agree to accept the resignation of the Liquidator, he shall file with the Registrar and the Registrar of the Supreme Court a memorandum of his resignation; and shall send notice thereof to the Official Receiver, and the resignation shall thereupon take effect. In any other case the Liquidator shall report to the Court the result of the meetings and shall send a report to the Official Receiver and thereupon the Court may, upon the application of the Liquidator or the Official Receiver, determine whether or not the resignation of the Liquidator shall be accepted, and may give such directions and make such orders as in the opinion of the Court shall be necessary. 149. If a receiving order in bankruptcy is made against a Liquidator, he shall thereby vacate his office, and for the purpose of the application of the Ordinance and rules shall be deemed to have been removed. 607 Sanction of payments to Committee. Discharge of costs before assets handed to Liquidator. Resignation of Liquidator. Office of Liquidator vacated by his insolvency. 608 Bank account Forms 70 and 77 Record Book. ash Hook, Ch. 31. No. 1.] Companies. Payments into and out of a bank. 150. (1) A Liquidator in a winding up by the Court shall forthwith pay all moneys received by him into such bank as the Court may direct to an account to the credit of such Liquidator of the company. All payments out shall be made by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the company, and shall be signed by the Liquidator, and shall be countersigned by at least one member of the Committee of Inspection, and by such other person, if any, as the Committee of Inspection may appoint. (2) Where application is made to the Court to authorise the Liquidator in a winding up by the Court to make his payments into and out of a bank account, the Court may grant such authorisation for such time and on such terms as it may think fit, and may at any time order the account to be closed if it is of opinion that the account is no longer required for the purposes mentioned in the application. Books. 151. In| winding up by the Court the Official Receiver, until Liquidator is appointed by the Court; and thereafter the Liquidator, shall keep a book to be called the “‘ Record Book ” in which he shall record all minutes, all proceedings had and resolutions passed at any meeting of creditors or contributories, or of the Committee of Inspection, and all such matters as may be necessary to give a correct view of his administration of the company’s affairs; but he shall not be bound to insert in the “ Record Book ” any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors or contributories), nor need he exhibit such document to any person other than a member of the Committee of Inspection or the Official Receiver. 152. (1) In a winding up by the Court the Official Receiver, until a Liquidator is appointed by the Court, and thereafter the Liquidator, shall keep a book to be called the “ Cash Book ” in which he shall (subject to the provisions of the rules as to trading accounts) enter from day to day the receipts and payments made by him. 2) In a winding up by the Court a Liquidator other than the Official Receiver shall submit the Record Book and Cash Book, together with any other requisite books and vouchers, to the Committee of Inspection (if any) when required, and not less than once every three months. (3) In a creditors voluntary winding up the Liquidator shall keep such books as the Committee of Inspection or if there is no such Committee as the creditors direct and all books kept by the Liquidator shall be submitted to the Committee of Inspection or if there is no such Committee to the creditors with any other books documents papers and accounts in his possession relating to his office as Liquidator or to the company as and when the Committee of Inspection or if there is no such Committee the creditors direct. Compante, [Ch. 31. No. 1. ‘Accounts and audit in a winding up by the Court. 153. The Committee of Inspection shall not less than once every three months audit the Liquidator’s Cash Book and certify therein under their hands the day on which the said book was audited. 15+. (1) The Liquidator shall, at the expiration of six months from the date of the winding up order, and at the expiration of every succeeding six months thereafter until his release, transmit to the Official Receiver a copy of the Cash Book for such period in duplicate, together with the necessary vouchers and copies of the certiticates of audit by the Committee of Inspection. He shall also forward with the first accounts, a summary of the company’s statement of affairs, showing thereon the amounts realised, and explaining the cause of the non-realisation of such assets as may be unrealised. The Liquidator shall also at the end of every six months forward to the Official Receiver, with his accounts, a report upon the position of the liquidation of the company in such form as the Olicial Receiver may direct. (2) When the assets of the company have been fully realised and distributed, the Liquidator shall forthwith send in his accounts to the Otel Receiver, although the six months may not have expired. (3) The accounts sent in by the Liquidator shall be verified by hin by aflidavit. 155. (1) Where the Liquidator carries on the business of the company, he shall keep a distinct account of the trading, and shall incorporate in the Cash Book the total weekly amounts of the regeipts and payments on such trading account. (2) The trading account shall from time to time, and not less than once in every month, be verified by affidavit, and the Liquidator shall thereupon submit such account to the Committee of Inspection (if any), or such member thereof as may be appointed by the Committee for that purpose, who shall examine and certify the same. 150. When the Liquidator’s account has been audited, the Official Receiver shall certify the fact upon the account, and thereupon the duplicate copy, bearing a like certificate, shall be filed with the Registrar of the Supreme Court. 157. (1) The Liquidator shall transmit to the Official Receiver with his accounts a summary of such accounts in such form as the Official Receiver may from time to time direct, and on the approval of such summary by the Official Receiver shall forthwith obtain, prepare, and transmit to the Official Receiver so many printed copies thereof, duly stamped for transmission by post, and addressed to the creditors and contributorie., as may be required for transmitting such summary to each creditor and contributory. (2) The cost of printing and posting such copies shall be a charge upon the assets of the company. 158. Where a Liquidator has not since the date of his appointment or since the last audit of his accounts, as the case may be, received or T.—IV. 39 609 Audit of Cash Took. orm 78, One al Receiver’s audit of Liquidator’s accounts, Form 79, Liquidator carrying on business, Forms 80 and 8&1. Copy of accounts to he filed. Summary of accounts, Affidavit of no receipts. 610 Procecdings on resigna- tion, ctc., of Liquidator, Tusposal of hooks. Vaxation o costs pay - able by or to Otheral Reeeiver or Liquidator ar by company. Form &2. Notice of appointment, Lodgment of bill. Ch. 31. No. f.| Compante. paid any sum of money on account of the assets of the company, he shall, at the time when he is required to transmit his accounts to the Official Receiver, forward to the Official Receiver an affidavit of no receipts or payments. 159. (1) Upon a Liquidator resigning or being released or removed from his office, he shall deliver over to the Official Receiver, or as the case may be, to the new Liquidator, all books kept by him, and all other books, documents, papers, and accounts in his possession relating to the office of Liquidator. The release of a Liquidator shall not take effect unless and until he has delivered over to the Official Receiver, or as the case may be to the new Liquidator, all the books, papers, documents and accounts which he is by this rule required to deliver on his release. (2) The Court may, at any time during the progress of the liquidation, on the application of the Liquidator, or the Official Receiver, direct that such of the books, papers, and documents of the company or of the Liquidator as are no longer required for the purpose of the liquida- tion, may be sold, destroyed, or otherwise disposed of. 160, Where property forming part of a company’s assets is sold by the Liquidator through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent, on the production of the necessary certificate of the taxing officer. [very Liquidator by whom such auctioneer or agent is employed, shall, unless the Court otherwise orders, be accountable for the proceeds of every such sale. Taxation of costs. lol, [every solicitor, manager, accountant, auctioneer, broker or other person employed by the Official Receiver or Liquidator in a winding up by the Court shall on request by the Official Receiver or Liquidator (to be made a sufficient time before the declaration of a dividend) deliver his bill of costs or charges to the Official Receiver or Liquidator for the purpose of taxation, and if he fails to do so within the time stated in the request, or such extended time as the Court may allow, the Liquidator shall declare and distribute the dividend without regard to such person’s claim, and subject to any order of the Court the claim shall be forfeited. The request by the Official Receiver or Liquidator shall be in form No, 82. lo2. Where a bill of costs or charges in any winding up has been lodged with the Registrar of the Supreme Court, he shall give notice of an appointment to tax the same, in a winding up by the Court to the Official Receiver, and in every winding up to the Liquidator, and to the person to or by whom the bill or charges is or are to be paid (as the case may be). 163. The bill or charges, if incurred in a winding up by the Court prior to the appointment of a Liquidator, shall be lodged with the Official Receiver, and if incurred after the appointment of a Liquidator, shall be lodged with the Liquidator. The OMicial Receiver or the Liquidator, as the case may be, shall lodge the bili or charges with the Registrar of the Supreme Court. Compante. [Ch. 31. No. 1. lo4. [Every person whose bill or charges in a winding up by the Court is or are to be taxed shall, on application either of the Oficial Receiver or the Liquidator, furnish a copy of his bill or charges so to be taxed, on payment at the rate of eight cents per folio, which payment shall be charged on the assets of the company. The Official Receiver shall call the attention of the Liquidator to any items which, in his opinion, ought to be disallowed or reduced, and may attend or be represented on the taxation. 165. Where any party to, or person affected by, any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding: (1) such party or person shall serve notice of his intended application on the Official Receiver or on the Liquidator as the ‘ase may be; (2) the Official Receiver or Liquidator may appear on = such application and object thereto; (3) no costs of or incident to such application shall be allowed to the applicant, unless the Court is satistied that the application could not have been made at the time of the proceeding. 166. Upon the taxation of any bill of costs, charges, or expenses being completed, the Registrar of the Supreme Court shall issue to the person presenting such bill for taxation his allowance or certificate of taxation. The bill of costs, charges, and expenses, together with the allowance or certificate, shall be filed with the said Registrar. 167, Where the bill or charges of any solicitor, inanager, accountant, auctioneer, broker, or other person employed by the Official Receiver or Liquidator, is or are payable out of the assets of the company, a certificate in writing, signed by the Official Receiver or Liquidator, as the case may be, shall on the taxation be produced to the Registrar of the Supreme Court setting forth whether any, and if so what, special terms of re- muneration have been agreed to, and in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the appointment of a solicitor to assist the Liquidator in the performance of his duties and the instructions given to such solicitor by the Liquidator. Costs and expenses payable out of the assets of the company. 168. (1) Where a Liquidator or special manager in a winding up by the Court receives remuneration for his services as such, no payment shall be allowed on his accounts in respect of the performance by any other person of the ordinary duties which are required by statute or rules to be performed by himself. (2) Where a Liquidator is a solicitor he may contract that the remuneration for his services as Liquidator shall include all professional services. 39 (2) 611 Copv of the bill to be furnished. Applications for costs. Certificate of taxation. Form 83. Certificate of employ- ment. Liquidator’s charges. 612 Costs pav- able out of the assets, Ch. 31. No. 1.] Compante, 1609, (1) The assets of a company in a winding up by the Court, remaining after payment of the fees and expenses ‘properly incurred in preserving realising or getting in the assets, including where the company has previously commenced to be wound up voluntarily such remuneration, costs, and expenses as the Court may allow to a Liquidator appointed in such voluntary winding up shall, subject to any order of the Court, be liable to the iollowing | payments, which shall be made in the following order of priority, namely: First, Vhe taxed costs of the petition, including the taxed costs of any person appearing en the petition whose costs are allowed by the Court, Ne The “ution of the special manager (if any). Neat. The costs and expense. of any person who make: coucurs in making, the company’s statement of affairs. Neat. The taxed charges of any shorthand writer appointed to take an examination: Provided that where the shorthand writer 1s appointed at the instance of the Official Receiver the cost of the shorthand notes shall be deemed to be an expense incurred by the Ofheial Receiver in getting in and realising the assets of the company. Newt. The nece. ary disbursements of any Liquidator appointed in the winding up by the Court, other than expenses properly incurred in preserving, realising or getting in the assets heretofore provided for. Newt. The costs of any person properly employed by any such Laquidator, Ne The remuneration of any such Liquidator. Nev. The actual out-of-pocket expenses nece..arily incurred by the Committee of Inspection, subject to the approval of the Oficial Reeviver. (2) No payments in respect of bills or charges of solicitors, managers, accountants, auetioneers, brokers, or other persons other than payments for costs and expenses incurred and sanctioned under rule 4t. and pavinents of bills which have been taxed and allowed under erders made for the taxation thereof, shall be allowed out of the assets of the company without proof that the Jame have been considered and alowed by the Registrar of the Supreme Court. The said Registrar shall before passing the bills or charges of a solicitor satisfy himself that the appointment of w soliciter to assist the Liquidator in the performance of bis duties has been duly sanctioned. Provided that the Official Receiver when acting as Liquidater mi WW without taxation pay and allow the costs and charge. of any person other than a solicitor employ ed by him where such costs and charge. are within the seale usu: Uly allowed by the Court and do not *xceed the sum of nine dollars and sixty cents. (3) Nothing contained in this rule shall apply to or atlect costs which in the course of legal proceedings by er against a company which is being wound up by the Court, are ordered by the Court in which such proceedings are pending or a Judge thereof te be paid by the company or the Liquidator, or the rights of the person to whom such costs are payable. Statements by Liquidator to the Registrar. 170, The winding up of a company shall, for the purposes of section 269 of the Ordinance, be deemed to be concluded :— (a) in the case of a company wound up by order of the Court, at the date on which the order dissolving the company has been reported by the Liquidator to the Registrar, or at the date of the order of the Otheial Receiver releasing the Liquidator pursuant to section 188 of the Ordinance; (4) in the case of a company wound up voluntarily, or under the supervision of the Court, at the date of the dissolution of the company, unle.. at such date any funds or assets of the company remain unclaimed or undistributed in the hands or under the control of the Liquidator, or any person who has acted as Liquidator, in which case the winding up shall not be deemed to be concluded until such funds or assets have either been distributed or paid into Court. 171. Ina voluntary winding up or a winding up under the supervision of the Court the statements with respect to the proceedings in and position of a liquidation of a company, the winding up of which is not concluded within a year after its commencement, shall be sent to the Registrar twice in every year as follows:— (1) the first statement commencing at the date when a Liquidator Was tirst appointed and brought down to the end of twelve months from the commencement of the winding up, shall be sent within thirty days from the expiration of such twelve months, or within such extended period as the Official Receiver may sanction, and the subsequent statements shall be sent at intervals of half a year, each statement being brought down to the end of the half year for which it is sent. In cases in which the assets of the company have been fully realised and distributed before the expiration of a half-yearly interval a final statement shall be sent forthwith; (2) subject to the next succeeding rule, form 84, and where applicable forms 86, 87 and 88, with such variations as circumstances may require, shall be used, and the directions specified in the form (unless the Official Receiver otherwise direct) be observed in reference to every statement; (3) every statement shall be sent in duplicate, and shall be verified by an affidavit in the form 85 with such variations as circumstances Thay require. 172. Where in a voluntary winding up or a winding up under the supervision of the Court a Liquidator has not during any period for which a statement has to be sent, received or paid any money on account of the company, he shall at the period when he is required to transmit his statement, send to the Registrar the prescribed statement in the form 84, in duplicate, containing the particulars therein required with respect to the proceedings in and position of the liquidation, and with such state- ment shall also send an affidavit of no receipts or payments in the form 85. Compantes, [Ch. 31. No. 1. 613 Conclusion of winding up. Times for sending Liquidator’s statements, and regu- lations applicable thereto, Forms 84, So, 87 and 8&8. Form 85, Affidavit of no receipts or payments. Forms 84 and 85, 614 Pavinent of undistri- buted anc unelaim THON Court Appheation to the court for afore an acconnt and getting in monev. Ch. 31. No. 1.] Companies. Unclaimed funds and undistributed assets in the hands of a Liquidator. 173. (1) All money in the hands or under the control of a Liquidator of a company representing unclaimed dividends, which for six months from the date when the dividend became payable have remained in the hands or under the control of the Liquidator, shall forthwith, on the expiration of the six months, be paid into Court. (2) Ina voluntary winding up or a winding up under the supervision of the Court all other money in the hands or under the control of a Liquidator of a company, representing unclaimed or undistributed assets, which under subsection (1) of section 270 of the Ordinance, the Liquidator is to pay into Court shall be ascertained as on the date to which the statement of receipts and payments sent in to the Registrar is brought down, and the amount to be paid into Court shall be the minimum balance of such money which the Liquidator has had in his hands or under his control during the six months immediately preceding the date to which the statement is brought down, less such part (if any) thercof as the Official Receiver may authorise him to retain for the immediate purposes of the liquidation. Such amount shall be paid into Court within fourteen days from the date to which the statement of account is brought down. (3) Notwithstanding anything in this rule, any moneys represent- ing unclaimed or undistributed assets or dividends in the hands of the Liquidator at the date of the dissolution of the company shall forthwith be paid by him into Court. 174. Ina voluntary winding up or a winding up under the supervision of the Court every person who has acted as Liquidator of any company, whether the liquidation has been concluded or not, shall furnish to the Oficial Receiver particulars of any money in his hands or under his control representing unclaimed ot undistributed assets of the company and such other particulars as the Official Receiver may require for the purpose of ascertaining or getting in any money payable into Court. The Official Receiver may require such particulars to be verified by affidavit, 175. (1) Ina voluntary winding up or a winding up under the super- vision of the Court the Official Receiver may at any time order any such person to submit to him an account verified by affidavit of the sums received and paid by him as Liquidator of the company and may direct and enforce an audit of the account. (2) For the purposes of section 270 of the Ordinance, and the rules, the Court has and may exercise all the powers conferred by the Bankruptcy Ordinance with respect to the discovery and realisation of the property of a debtor, and the provisions of Part I. of that Ordinance with respect thereto shall, with any necessary modification, apply to proceedings under section 270 of the Ordinance. 176. An application by the Official Receiver for the purpose of ascertaining and getting in money payable into Court pursuant to section 270 of the Ordinance, shall be made by motion, and where the winding up is voluntary or is by or under the supervision of the Court shall be made to and dealt with by a Judge. Companies. [Ch. 31. No. 1. 615 177. An application by a person claiming to be entitled to any money paid into Court in pursuance of section 270 of the Ordinance shall be made in such form and manner as the Official Receiver may from time to time direct, and shall, unless the Official Receiver otherwise directs, be accompanied by the certificate of the Liquidator that the person claiming is entitled and such further evidence as the Official Receiver may direct. 178. A Liquidator who requires to make payments out of money paid into Court in pursuance of section 270 of the Ordinance, either by way of distribution or in respect of the cost and expenses of the proceedings, shall apply in such form and manner as the Official Receiver may direct, and the Official Receiver may thereupon make an order for payment to the Liquidator of the sum required by him for the purposes aforesaid. Release of Liquidator in a winding up by the Court. 179. (1) A Liquidator in a winding up by the Court before making application to the Official Receiver for his release, shall give notice of his intention so to do to all the creditors who have proved their debts, and to all the contributories, and shall send with the notice a summary of all receipts and payments in the winding up. (2) When the Official Receiver has granted to a Liquidator his release, a notice of the order granting the release shall be gazetted. The Liquidator shall provide the requisite fee for the Royal Gazette, which he may charge against the company’s assets. 180. (1) The Official Receiver may order that the books and papers of a company which has been wound up shall not be destroyed for such period (not excceding five years from the dissolution of the company) as the Official Receiver thinks proper. (2) Any creditor or contributory may make representations to the Official Receiver with regard to the destruction of such books and papers and may appeal to the Court from any order made by the Official Receiver under this rule. (3) Subject to any order of the Court, the Official Receiver may by a further order vary or rescind any order made by him under this rule, (4) A resolution for the destruction of the books and papers of such a company within the said period of five years or any shorter period fixed by an order of the Official Receiver in force at the date of such resolution shall not take effect until the expiration of such period of five years or of such shorter period unless the Official Recciver shall otherwise direct. (5) At least one weck’s notice shall be given to the Official Receiver of any application to the Court for an order for the destruction of the books and papers of a company before the expiration of such period of five years or shorter period. Official Receiver. 181. The term “ Official Receiver ’’ means the Official Receiver attached to the Court for bankruptcy purposes, and includes any Assistant Official Receiver. Application for payment out by per- son entitled. Application by Liquida- tor for pay- ment out. Proceedings for release of Liquida- tor. Forms 90, 91 and 92. Form 95 (9). Disposal of books and papers. Official Receiver, O10 Duties where no assets. Accounting by Ofherl Receiver Appeal from OMticral Receiver lorms 94 and Ob, ihn memo- randum ot Royal Garett: notice, {orm Ch. 31. No. 1.] Companies. 182. Where a company against which a winding up order has been made has no available assets, the Official Receiver shall not be required to incur any expense in relation to the winding up without the express directions of the Court. 183. Where a Liquidator is appointed by the Court in a winding up by the Court, the Official Receiver shall account to the Liquidator. 184. An appeal to the Court from an act or decision of the Official Receiver acting otherwise than as Liquidator of a company, shall be brought within twenty-one days from the time when the decision or act appealed against is done, pronounced, or made. 185. (1) Anapplication by the Official Receiver to the Court to examine on oath the Liquidator or any other person pursuant to section 187 of the Ordinance shall be made ex parte, and shall be supported by a report to the Court filed with the Registrar of the Supreme Court, stating the circumstances in which the application is made. (2) The report shall for the purposes of such application be primd facie evidence of the statements therein contained. Books to be kept bv Registrar of the Supreme Court. 186. The Registrar of the Supreme Court shall keep books according to the forms 93 and 94 in the Appendix, and the particulars given under the different heads in such books shall be entered forthwith after each proceeding has been concluded, Gazetling ina winding up by the Court. 187, (1) All notices subsequent to the making by the Court of a winding up order in pursuance of the Ordinance or the rules requiring publication in the Royal Gazette shall be gazetted by the Official Receiver or the Liquidator as the case may be. (2) Where any winding up order is amended, and also in any case in which any matter which has been gazetted has been amended or altered, or in which a matter has been wrongly or inaccurately gazetted, the Official Receiver or Liquidator shall re-gazette such order or matter with the necessary amendments and alterations in the prescribed form, at the expense of the company’ assets, or otherwise as the Official Receiver may direct. 188. (1) Whenever the Roval Gazette contains any advertisement Telating to any winding up proceedings the Official Receiver or Liquidator as the case may be shall file with the proceedings a memorandum referring to and giving the date of the advertisement. (2) In the case of an advertisement in a local paper, the Official Receiver or Liquidator as the case may be shall keep a copy of the paper, and a memorandum referring to and giving the date of the advertisement shall be placed on the file. (3) For this purpose one copy of each local paper in which any advertisement relating to any winding up proceeding in the Court is Companies. [Ch. 31. No. 1. inserted, shall be left with the Official Receiver or Liquidator as the case may be by the person who inserts the advertisement. (4) A memorandum under this rule shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Royal Gazette or newspaper mentioned in it. Arrests and commitments. 189. A warrant of arrest or any other warrant issued under the provisions of the Ordinance and rules, shall be addressed to the Marshal of the Court. 190, Where the Court issues a warrant for the arrest of a person under any of the provisions of the Ordinance or rules, the prison (to be named in the warrant of arrest) to which the person shall be committed shall, unless the Court shall otherwise order, be the prison used by the Court in cases of orders of commitment made in the exercise by the Court of its ordinary jurisdiction, and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged by the order of the Court which issued the warrant of commitment, or otherwise by law. Miscellaneous matters. 191, The Court may, in any case in which it shall see fit, extend or abridge the time appointed by the rules or fixed by any order of the Court for doing any act or taking any procecding. 192. (1) No proceedings under the Ordinance or the rules shall be invalidated by any formal defect or by any irregularity, unless the Court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of that Court. (2) No defect or irregularity in the appointment or election of the Official Receiver, Liquidator, or member of a Committce of Inspection shall vitiate any act done by him in good faith. 193. In all proceedings in or before the Court, or any Judge, Registrar or Officer thercof, or over which the Court has jurisdiction under the Ordinance and rules, where no other provision is made by the Ordinance or rules, the practice, procedure and regulations shall unless the Court otherwise in any special case directs, in the Court be in accordance with the rules and procedure of the Supreme Court, as far as practicable, with the existing rules and practice of the Court in proceedings for the administration of assets by the Court. 617 To whom warrants may be addressed. Prison to which person arrested on warrant is to be taken. Enlargement or abridg- nent of time. Formal defect not to invalidate procecdings. Application of existing procedure. O18 (XDD Sche clule.) ane ot sspondent. (2) Name and deseniption of appheant, wi) State obyect of Appheation, (2) Tusert full hate, fille, etooe preabrenet («State the full whine. al the rey fered athee soos: silt aintly to show the distort in whieh at as situate. (d) Add words in brackets ( if super Vision order Is shed for. (A) thas note will be un Necessary uf the Company ts petitioner, Ch. 31. Let (a) cut To Norw. No. 1.| Compante. APPENDIX. Forms for use in Winding Up. No.1. (Rule 6.) Form of Summons (General). | Lulle.*} attend at on the day of , ia v’elock in the Noon on the hearing of a appheation of (4) for an ordar that. (c) Dated the day of 19 This summons was taken out by Solicitors for Hf you do not attend, either in person or by your Soliciter, at the time and place above-meationed, such order will be made, and proceedings taken, as the Judge may think just and expedient. No. (Rule 7.) General Tithe. Ju the Supreme Court of Trinidad and Tobago. No. In the Matter of (a) Lanuted and In the Matter of the Companies Ordinance. No. (Rule 18.) Petition. [ Uséle.] To Ths Honour the Chief Justice and their Honours the Puisne Judges, The humble petition of (6) 1 The month of of $ $ showeth as follows :-— Company, Limited (hereinafter called the company), was un the . incorporated under the Companics Ordinance. 2. The registered office of the company is at (¢) 3. The nominal capitalat the company is § each, The amount of the capital part up or credited as paid up ix , divided into share, 4. The objects for which the company was established are as followa:—— and other objects set forth in the memorandum of association To thereof [Here set out in parageaphs the facts on which the petitioner relies, and conclude as follotes :-—~] Your petitioner therefore humbly prays as follows: () That the Company, Limited, may be wound up by the Court under the provisions of the Compames Orduuuice. (Z) (Vhat the voluntary winding up of the continued but subject to the supervision of the Court.) Company, Limited, may be (2) Or that such other order may be made in the premises ap shall be just. Nor, (f) It is intended to serve this petition on Compantes. |Ch. 31. No. 1. 619 No. 4. (Rule 18.) Petition by unpald Creditor on Simple Contract. (Title. Paragraphs 1, 2, 3, and 4 us in No, 3. 5. The company is indebted to your petitioner in (he sui of $ for (a) (a) State con- o, Your petitioner has made application to the company for payment of hia debt, “eration for but the company has failed and neglected to pay the sume or any part thereol, wath insti 7. The company is [insolvent and] unable to pay its debts. cular ao as 8. In the circumstances it is just and equitable that the company should be (yo establish wound up. that the debt chanced in Your petitioner, therefore, ete. fas in No. 3], ; lite, No. 3. (Kule 20.) (a) We the Advertisement of Petition. winthng up LVitle.| info he sub. Notice is hereby given that a petition for the winding up of the above-named Jeet ba super: company by (4) the Court, was, on the day of £19, presented Yon, insert to the sud Court by (6). And that the said petition ia directed to be heard before tea i the Court) sitting at on the day of » 1 and any v i ie creditor or contributory of the said company desirous to support or oppose the wenn ue 7 ee a c making of an order on the said petition may appear at the time of hearing in person terveaun or by his counsel for that purpose; and a copy of the petition will be furnished rin lo any creditor or contributory of the said company requiring the aame by the O- undersigned on payment of the regulated charge for the same, (P) taser e (Signed) (¢) address of [Name] Petitioner, [ Address) (e) To he . . a signed by the Novi. Any person who intends lo appear on the hearing of the said petition must soiicitar to serve on or ene by post to the above-named, notice in writing of lus intention soto (py. peti- do. “The notice must state the name and address of the person, or, fabri, the qianer or by name and address of the tim, and must be signed by the person oc tira, or his or (4, peti therr solicitor (tf any), and must be served, or if posted, must be seat by post it onerit he sufheient time to reach the above-named not later than (4) o'clock an the jas po afternoon of the of 1o solicitor, (d) Ifthe day appointed for the henr- mye of the No. oO. (Rule 21.) petition isa Affld : . > ‘ . Monday then davit of Service of Petition on Members, Officers, or Servanta. I p.m, on the | Peale. | Saturday, In the Matter of a petition dated 1a previous to I, of » Make outh and say: auch Mon- . . . og - , day, if the 1. [In the case of service of petition on a company by leaving it with a member, officer, day uppoint- or servant af the registered office, or sf no registered office at the principal or last known ed for the Principal place of business of the company. | hearing is on That T didi on day, the day of » 19 » serve the above: any other named company with the above-mentioned petition by delivering to and leaving uy then with [name and description) a member (or ofhcer) (or servant) of the snid company (, pam, on (he a copy of the above-mentioned petition, duly sealed with the Seal of the Court, at day imme- loffice ov place of business as aforesaid}, before the hour of in tho liately pre- noon, ceding the 2. [In the case of no member, officer, or servant of the company being found at the day so registered office or place of business. ] appointed. (« “ b if 620 (a) TL the petition is by ahem insert * the vets aun deeds of my saul firm." Ch. 31. That 1 did on find any member, officer, or servant of the above- named company at |Aere siate registered office ov place of business), leave there a copy of the above-mentioned pelition, doly sealed with the seal of the Court, before the hour of in the noon [add with thom such sealed copy twas left, or where, e.g.: affixed to door of offices, ov placed in Ietter box, or otherwise). 3. [dn the case of directions by the Court as to the member, officer, or servant of the Company to be served.) That 1 did on No. 1.| Compante. day, the day of day, the day 19, having failed to of 19°, «serve [mame or names and description) with a copy of the above- mentioned petition, duly sealed with the seal of the Court, by delivering the same together with u true copy of the order tor substituted service dated 19 at [place] before the hour of in the The said petition is now produced and shown to me, marked A, Sworn at, ete. In the matter of a petition, dated No. 7. (Rule 21 personally to the satd noon, ) Affidavit of Service of Petition on Liquidator. [Vitle.] 19, for winding up the above company [by] or [under the supervision off the Court [as the case may be}. of Vhat ol dad, on description] the liquidator of the above-named company, with a copy of the above- mentioned petition, duly sealed) with the seal of the Court, by delivering the same personally to the said hoon, » make oath and say: day, the day of , 19, serve [name and at [place], before the hour of in the The suid) petition is now produced and shown to me, marked A. Sworn at, ete. 1, ALB, No. 8. (Rule 22. Affidavit Verifying Petition. [Vite.] of, ele., make oath and say that such of the statements in the petition now produced and shown to me and marked with the letter A, as relates to (a) my own acts and deeds are true, and such of the said statements as relate to the acts and deeds of any other person or persons - believe to be true. Sworn, 1, LB, ete. No, (Rule 22. Affidavit Verifying Petition of a Limited Company. of, ele [Vitle.| make vath and say as follows: Lo lam ja director} (the secretary] of inthe above matter, and am duly authorised by the sail petitioner to make this alhdasat on its behall. 2. Such of the statements in the petition now produced and shown to me marked with the letter Aas relate to the acts and deeds of the said petitioner are true and such of the statements as relate to the acts and deeds of any other person or persons 1 believe to be true. Sworn, ete. Company, Limited, the petitioner Companies, |Ch. 31. No. 1. 621 No. 10. (Rules 24 and 33.) Order appointing a Provisional Liquidator after Presentation of Petition, and before Order to Wind up. the dlay of 19 {Urlle.) Upon the application, etc., and upon reading, etc., the Court doth hereby appoint the Olbcial Receiver to be Provisional Liquidator of the above-named Company Aud the Court doth hereby limit and restrict the powers of the said Provisional Liquidator to the following acts, that is to say (describe the acts which the Provistonal Liquidator is to be authorised to do and the property of which he iy to take possession]. Norn. Lt willbe the duty of such of the persons as are liable to make out or to concur in making out a Statemeat of Affairs as the Otficial Receiver may require to attend on the Ollicial Receiver at such time and place as he may appoint and to give lum all information he may require. No. 11. (Rule 26.) Notice of Intention to appear on Petition. [Tatle.] Take notice that ALB, of (a) a creditor for § of (or contributory (a) State full holdings (0) shares in) the above company intends to appear on the hearing name, or if a of the petition advertised to be heard on the day of 19 aud) firm, the to support (or oppose) such petition. name of the (Signed) (¢) firm and | Address. address, (6) State number and class of No. 12.) (Rule 27.) shares held. List of Partice attending the Hearing of a Petition. 1 a hy the {Dutle.| person or his ‘The following are the names of those who have given notice of their intention to solicitor, attend the hearing of the petition herein, on the day of 19 Name and Address of Creditors, | Contributories, Sup- N. Address.) Solicitor of Amount Number of =| Opposing. | ~ ron party who las | of debt. Shares, po B. Biven notice. 622 Ch. 31. No. 1.] Companies. No. 13. (Rule 30.) Notification to Official Receiver of Winding up Order. [Title.] To the Official Reeciver. Order pronounced this day by Mr. Justice for winding up the under- Mentioned company under the Companies Ordinance. 1 1 | Name of Registered Ottice Petitioner's Date of Fresentation Company. of Company. Solicitor. of Fetition. No. 14. (Rule 30.) Nottfication to Official Receiver of Order pronounced for appointment of Provisional Liquidator prior to Winding up Order being made. (Title.] To the Official Receiver. (a) Tisert Order pronounced this day by Mr. Justice for the appowmtment of (a) the Ome! as Provisional Liquidator prior to any Winding up Order being made. Receiver . Wesome other person has’ Name of Registered Office Vetitioner’s Date of resentation heen ap. Company. of Company. Solicitor. of Petition. pointed the name, address and deseriptien of such person, No. 15. (Rule 33.) Order for Winding up by the Court. day of 19 [Tstie.| Upon the petition of the above-named company [or A.B., of etc., a creditor (or contributory) of the above-named company}, on the day of 19 preferred unto the Court, and upon hearing for the petitioner, and for , and upon reading the said petition, an affidavit of (the said petitioner), filed, etc. verifving the said petition, an afhdavit of L.AL, tiled the day of 19 , the Noval Gazette of the day of ,19 , the Newspaper of the day of 19, each containing an advertisement of the said petition [enter any other evidence], this Court doth order that the said Company be wound up by this Court under the provisions of the Companies Ordinance, and that the Oflicial Receiver be constituted Provisional Liquidator of the aflairs of the Company. And it is ordered that the costs of of the said petition be taxed and paid out of the assets of the said Company. Notr.— It will be the duty of such of the persons as are liable to make out or to concur in making out a statement of Atlairs as the Official Recciver may require to attend on the Official Receiver at such time and place as the Official Receiver may appoint and to give him all information he may require. Companies. [Ch. 31. No. 1. No. lo. (Rule 34 (1) (c).) Notice of Order to Wind up (for Newspaper). THE COMPANIES ORDINANCE. In the Matter of , Limited. Winding up Order made 19 Date and place of first meetings: Creditors 19 ,al Contributories 19” , at Official Receiver and Provistonal Liquadator, No. 17. (Rule 34 (2),) Order for Winding up, subject to Supervision. day, the day of 19 [Téle.] Upon the petition, etc., this Court doth order that the voluntary winding up of the said Company, Limited, be continued, but subject to the supervision of this Court; and any of the proceedings under the said voluntary winding up may be adopted as the Court shall think fit; and it is ordered that the liquidator appointed in the voluntary winding up of the said Company, or other the liquidator for the time being, do on the day of next, and thenceforth every three months ile with the Registrar a report in writing as to the position of, and the progress made with, the winding up of the said Company, and with the realisation of the assets thereof, and as to any other matters connected with the winding up as the Court may from time to time direct. And it is ordered that no bills of costs, charges, or expenses, or special remuneration of any solicitor, employed by the liquidator of the said Company, or any remuneration, charges, or expenses of such liquidator, or of any manager, accountant, auctioneer, broker, or other person, be paid out of the assets of the said Company, unless such costs, charges, expenses, or remuncra- tion, shall have been taxed or allowed by the Registrar. And it is ordered that all such costs, charges, expenses, and remuneration, be taxed and ascertained accordingly. And it is ordered that the costs of the petitioner and of [Aere insert any directions as to allowance of costs of petitioners and of persons appearing]. And the creditors, contributories, and liquidator of the said Company, and all other persons interested, are tu be at liberty to apply generally as there may be occasion. No. 18. (Rule 36.) Affidavit by Special Manager verifying Account. [Title.] 1, of » make oath and say as [ollows:-— 1. The account hereunto annexed, marked with the Ietler A, produced and shown lu me at the time of swearing this my aflidavit, and purporting to be my account as special manager of the estate or business of the above-named company, contains a {tue account of all and every sums and sum of money received by me or by any other person or persons by my order or to my knowledge or belief for my use on account or in respecl of the said estate or busincss, The several sums of moncy mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed for the several purposes in the said account mentioned. 3. The said account is just and (ruc in all and every the items and particulars thercin contained, according to the best of my knowledge and belicf. Sworn, ‘te. 6 ) ~ 3 Companies. Ch. 31. No. 1.] 62+ aonpoid 07 payewiasq puaplaip Joy Hue 0} pazewysy S91QUNIISJOaN[A pazeUllysassay peg - «Dy SIT Jad se [npqnog ‘painsas Ajyied si0jzIpary (7) $ a’ (p) e13009 03 ad0eleEg pood so Oa, WET 03 poltrey ZA ‘1 ,, WIT $ snidins pajyewnsy Jed se ‘(sioiqap ) saqap xoog (9) ——_—_——_ SA1jLINDVS JO ANIA pazeUINsy| rza ‘Ayradoid 1ayig (y) 1G», WUT sed se adeszioul uo suecy (3) ‘(slapfoy einquaqap Zurpnyjout “Oza ‘SareYys WI SquauTysaaTd] (f) you) peinsas A[[Ny s1031Ipal7D (9) ‘O39 ‘S[Isuazn ‘s2u139g ‘samnyxy apery (a) $ eae woe Adauryoeyy (p) $ ‘3809 payeusz) apes ut A2015 (2) {Jaquinu 34235) puey a qsep (9) W 3st] Jed sv sioqipaiy painoasayy (o) slayuEq 1e Yysey (D) ‘ZLA ,,H ,, SIT aed se Ayradorg (vp) DZIA ‘sagriqel pe siqaq $ $ $ ‘aonpoid 03 “yUeI 0} “SOIQTTIQUIT payewmiisz ‘Sassy pajoedx q ‘salqpiqery S801‘) *‘SAO]IPIAD SpsDdes Spv—'T ‘(pajzoazip suoseaz yetoads 10}; sey Ja.A190ay Te1INYEO ay2 se a3ep JaY30 Yons 10) 1apig dy AuIpuTAy 242 Jo a3ep ayy’ = ST jo Sep aYi UO SUIvVady 40 LNAKALVIS apy. ‘SIJBYY JO JUIUIAIBIS (LE any) “61 ON 625 “aq ADUus aSD2 ay} SD 40 ‘[SI9Pfoy ainy -TaQep 0} pesreqo) 40 [Aouaisyap aaoge jaaul 0} a]qEyTeAe! SI YOGA $ sitdn payie aq 03 a1get teudes predun jo junoure jeurmou oq | [Ch. 31. No. 1. Compantes. wonepinby jo 4809 07 y0afqns ‘Areduo0s oy jo SOIZITIQET] Joam 07 sjyasse Jo ADUaIogap payeuUInsy monepinbry jo ys09 03 yalqns ‘820;1pa19 PaeinossuN YaowW 0} a[queAe yUNOWe pazEUINsy (2) e13009 19d se Aveduod ay} jo sjesse ay} uO painsas spu0q ainjusqap uo sueol jzonpag sI9pjoy ainzueqap JO SWIE]D 390M 0} Jfquireae JUnOWE pajeUysy (f) exyuo tad se si031pai9 Tenuaiajaid zonpaq S798Se 12307 payPUSY sonpoid 0} pazeuUtIysay M,, 3S1 sad se ‘(g103qap ) sjreo predug, (a) (9) (exquos 1ad) painsas A]jnz s10j1pai9 JO Spuey 94} ut Ssayunoss woy snidins (p) sonpoid 0} pazemns” _[.,, 3s] sad se ‘pueyq uo s913LIn3—s reps yeqIo Jo ‘asueYyoxKa jo SIpY worjepmbr Jo 3809 03 yoalqns ‘Aueduszod jo san -Ipqel] 3uysem sa3ye (Ave yr) snidins payewmnsy $°* (stapjoy ) eyua2 paynpsp .,5,, sty sad se ‘spuoq ainjueqep uo sueoT (9) i; eno) pepnpep ,,1,, HIT aad se ‘9,0 ‘safea 'saxe} ‘saqe JO} SIO}IPIID feywarssa1g (J) PUSPLAlp 10} HUET [[Ls peyoedxe st yt qoIqH JO ud, 3StT 22d se ‘soniqelt 1430 (9) PUIPLAIP Joy HUVI I[LA pezoedxa st 4 qos JO “4 I UIT iad se anjea 10; saouezda0oe amo sAueduiod weq} seq10 paiunossip sijiq ao saraqiqery (p) | 40) --IV. Companies. Ch. 31. No. 1.] 626 $ $ ..Q,, WastI97Ig Ul paulEdxs se AQuapgep[ez0L saoge se AqIqer yaom 03 AQuaIogap ppy ““BIQBIZANII.IT 9q 03 pazeuITse Syjeo predun ssa7z -jezides ‘"Tpeo jo soaeape a pred ‘Auv jt “unouy Jayyo Aue JO s1Bt (9) -nornsed =ppy (4) «Ny, WT 10d se ‘greys 19d ¢ 3e dn paleo yunoury “pred Arn se panssy (0) (‘siappoysregs ) ‘areys sd ¢ yO SaleYysS s9N919;91g «KK ,, YT sad se ‘areys sad ¢ 3e do pales qunowy ‘pred Ajjny se panssy (vn, (srapyoqsreys ) *A[Burps9998 ‘areys iad ¢ jo sareys AreUIpIQ pasazye aq pynoys 1674, 3ST Jad se unio ayz dn pred *areqs iad $¢ ye do pares yunomy Ajyred se pansst st ‘pred Ayjny se panssy (pj) = jeqides azayyy {p) (s1appoyalezysS ) goyepinbry jo 3809 ‘aregs rod ¢ jo sareys ,sispunog , 03 299fqns (Ate ft) sA0ge se soidims payeurysy $ $ —='21A ‘payioyje pue pansst [eqdes "sa140jngrszuor spsvdes Sp— J] ‘sulvday JO LNAZWKALVIS “penuyuoI—Gl ‘ON [Ch. 31. No. t. 027 Companies. ‘9yep JeTRO TONS oyngNSqGN8 ‘Zepi0 dn FurpaLm oq} jo Bep ogy UvY? 12q30 OEP Aue pozDaNp sey JaATaDay TEIOIO aq} arog (0) “270 ‘IQUOTSITUTMIOD YW “UsoMs-a4 Furaq Spt apDjisseoeu "in pun ‘uno ayj hq yosnfes sys pemus om s10;9q nen syzadsas anoqv ayy fo dun ut pranpifpy ay; ur Aouatafep p -wsof pajutad ay} uo 2INZeUHs SUOLJDAIJTO 47YJ0 40 JnO-SIUtSSO4I [TD J01;4Ut OF 61 jo Sep stq3 | pun ‘paynjs 240 yuauodaq ayy fo uordisosaq pup sseappo ‘aunu yynf ayy poyt usDjazosn 32 WIOMS on ‘naopify ayt Fustavems ssofaq ‘pasanbos Ajavnaipand st aquoisssmmoy ay~—"atoN SN — o - (9) ‘s9pso dn Surputm aq} Jo s}ep ayi a jo Aep eq vo ‘Auedte5 poweu-aaoge aq3 jo srege 94} Jo JusWIaIE}S ajya[duI0o puY ‘ony ‘TN & ‘sorT9q pure aIpajmouy Aur jo 1s0q ay} 0} ‘ore PORTED pexsuuT o,UNIITY GIST] [VIBAVG 24} ple JUaMIaIHIS Fulose10} 94} 3eq} Aes pue GeO DHE jo y Compantes. Ch. 31. No. 1.) 628 “Teak “qauoye ‘UOT BLapisue7) ‘4qaq jo junomYy ‘uogednss9 pure ssezppy ‘sWeEN “ON *ps}2eQu02 useya o7eq . . “ST'T 93 JO pus 943 Ye Gons se paquiosep pue ‘Ajayeredas umogs oq ysnm Aueduioy ai jo ‘sauojnquauGs 9q 9} peSayje 10 ‘sauojnquj}UO. Os]e are OYM G10}IPal2 Aue JO SaWEU SUI, ‘¢ “10]1paid YONs Jo ssarppe pue amen 943 sojaq AjajyeIpamiw payasul 9q Prnoys icjipars e 4q play sajou Lsosstmoid pue aBueyoxe jo siq Aue jo Srenoiqzred ayy ‘Zz [SY] UF papnyout aq prnoys yo-3a8 gons on qunozse e1yu0D «= ssaz UWE]. JO JUNOME [e}I0]L $ —:sny} ,,'3qaq Jo JUNOWY ,, Jutpeay aq Japun pepssm aq A]UL soue]eq ayy PU ‘TMNOD p33 ay; Ul UMOYs oq PyNoYs JUNODe BI]U09 9Y} JO JUNOWE 3q} PUe UIE] §,10;1Paz> 9q3 jo onome 943 ‘Acedwoy 24} ysulese WIE]? SIG JO JUNC aU} UY} S59] ‘10ZIP|I> 9q} YsTIESe yUNODIe VIQUOD & HI 21943 TAIT “[—'SALON ‘yy paoejd Suteq spremdn pur gpg 107 S103FpalD ‘fjaatgnoesuod palsquNu pue Japlo eonaqeydye ur pasueue og 01 sowed ayy ‘s10}|[paig paindasup) aW LSVI 629 No. 1. [Ch. 31. Companies. 61° $ $ pamsesuy) “AqLM39g 399d yo anrea JO soueyeg | peyeaysz a ! ! | . "W9A ! ‘Ive “7300 | "weal | A | TTR | — weqa | *AAuMIag JO | “yqQaq jo ‘wonedns29 ‘1OUIpaIy sweoX pe sIENIyeT | ‘mOnBepisaoy) =: payseNUO) yIMouy puv sappy jo omen “oN Tuo | maqa 93eq I ss ‘Ayumoeag | -Ayuoag wmoysniding jo onrea payeunsy peemnsy | (Aweduio7 943 Jo s9U0yNGLAUOCD Ose LayIEqMm 9303S) “pamosesg Apred e10};p21p On LSIT ‘asad | . . - "4qaq jo ‘aonedns00 *I0palD wages semes JO) “GOneIePIsTO) —. payoeNTOD qunoury pue ssomppy yo omey “ON azeq red cay 33eq \ “(asapjoyy eimueqeq Burppnput 300) pemses Atny sr07;paryp «@ LSItT Companies. Ch. 31. No. 1.] 630 61° peyeq ain3eusis i} py ‘pueprarp { ‘Tea, “qza0}T ae ‘ 1 tret9 4 yUlese HOLL ‘ “AQUTQETT j ' ‘uOReans09 “JUBUTTETD JO ‘ON 0} pajzedxe yon eiepisuo) jo o1njenN ‘paumnodt Aqpiqery | yo quae pue ssoIppy 10}IPpaly Jo amen unoury | maya a3eq | _- - L 1 ‘aaaH NAAID A@ OL GATNAAHSS FSIMMAHLO LON SAILITIGVIT TIV 40 SUVINDILYVG T1Ing “SORMIGST JEMO «a LSIT 61 payed ainzeUsIS ——. cn — ey | | | | | ‘| _ | —_ | | Tore Tf ‘puaplaiq ! 10} HUET *(umouy jt) uovdns99 pue | | ‘Zass0pu] 30 ‘uonedns09 pue 03 pazoadxa ‘sSoIpPpY ‘“owWMeN SJapfoyy | ‘yunouly ‘anp usm azeq ‘1IMVIG Se ‘sBaIPPY ‘OUIBN 5,10}da70y ‘ON vunoWy IQUE JOYITA | | | ‘@NIVA OJ SadTWId|a25y BAO Jjaq) BBY) JayWO pajzUNO.e;p sf} uo AuBdwOD jo seRMaqETT «ds. LSI [Ch. 31. No. 1. 631 Compantes. ol pared ‘Spua}xe Azlindas yor Jao syasse jo uondiosaq ‘squnoWwy “ssaIppy DNSSL YIBa JO Slapfoy Jo paystumny aq isnus sysi7 aypavdas $ “pusprard 1oy Buryues oDUa1IJ IC] ‘IPRW U9Eq BAY 9NSSI aUO UEY} alow! plnoys ‘sainjzuaqag Jo ‘AJaAtIgn2asu0d paJaquinu pu Japso esjaqeyd[e ul pasueue oq 03 soweU sy ‘s1aPlOH asngueqeaqg jo 1917 ‘LIpjoH jo swen ‘ON ‘) LSIT 61 pared ainjeUsis $ $ “yng ut “WII ‘anp pani908 gjqeed jo ‘anp uayar wre]. yoy MELD qunouly qunowy are Sulinp pouag fo ainjen ‘aSIMIZYIO pues sasuyy ‘sayuwpeg ‘sexey ‘soIeYyY JO; SIOITPIIDN [BpUsrajeIg i LSI ‘uorzedn909 pue ssaippy *10}1pes) ‘ON jo omen Ch. 31. No. 1.] Compantes. LIST “H.” Property. Full particulars of every description of property not included in any other lists are to be set forth in this list. Full Statement and Nature of Property. Estimated Estimated Cost. to produce. (a) Cash at Bankers (6) Cash in hand = (ec) Stock in Trade, at (d) Machinery, i (e) Trade fixtures, tittings, oltice (nrniture, utensils, ete. ! [State (f) Investments in Stocks or Shares, ete. | patticulars. | IState (g) T-oans for which Mortgage or other security held particulars, (h) Other property, Signature Dated .19 ae 033 [Ch. 31. No. 1. Compantes. 61 peed a ‘3JON 10 Mg Jo qusuL{eg -gonpoid 1oy AQLINDES Se Pag Ayadoig Aue jo srepnoiyreg 03 payeurnsa “aJ0X J . . ‘330N JO ° ae ‘OnP Gags 3eC] yo pow 929 "ee=IPPY rosdaooy jo aoes ON ‘Massy sv aIquiyeaw pueq Wo ‘d3a ‘83}0N Asossyu0rg ‘aZusqouq jo Sita wf Ist 61‘ pszeq amjzeUsis ot ‘qq “punoy 2q 07 Joy plaq ‘snporg «= TROA OIUOWYgrepnonreg ‘Ped ‘TAHQNOG “pood S31UN3IG ot aay a ‘conedns29 Aue jo peasy ooq 19930 pre souapisay ‘aweN "ON SIENNA Teg ‘paywenuo,) 10 1a3pay] . wad AL jo oro4 3Qaq] JO AUNOMY a - a 1. ¥ », 32848 UT papnyout oq pinogs wreyo yons oN qunoos2 BIUCD ¢ ss77 Aveduioy 03 ang $ —'8Nq} ,,{3q9q Jo yuMOTY ,, SuIpesg 443 Japon payasa aq A[uo aoueTeq oy] pue ‘UUINIOO pig a4} TO WHOYs aq p[NoYys yuNOTIe ENUOD 9y1 JO JUNOUTe oq) pue Avedmo) ay} 02 BNP uNoMe sso18 ay} ‘sSeUpPaIqapul STY UeY} AUNOUTE ssa] E 10} 3Nq ‘103;IPeID eB osye st AuedmOD 943 01 JOIqep AUB J] —aALON ‘AJPAIQHOVSUGD PasoquINnu puUe ‘aplo pesjequyd|e ul pasmezie oq O21 SIMTeU ay] ‘Aueduio0y 34) 0} enp sIqQaq T., LSIT Companies. Ch. 31. No. 1.) 634 $ $ —__—— , —__ ———- ‘da | -da perres “areqs . aanowe. areqs “play sereqs jo yunoue “ssaIppY ‘1apjoyareys jo Suen ON oat N © TRIOL jad yunoury Jo ‘ON TEUTUION ayaa nosed i ee — ‘ —- eo —_—— eee ‘saiuyg ssapunod JO 187 oT. LSIT 61 peed ammj}eUaIs $ $ $ ; — ee — _ ‘agrpear ‘anp ‘predgn aleys 4 saneaeu ox oO} yunowe sad [{®9 ‘pu sareys. d 9 -gaployareys Jo WEN zqS S pesyemnsy {e30L jo JunowLY jo oN woredn2a) par s$94PP¥ PIOd Ss} m ‘oN aaQnzesuo) _ Le _ . ‘sire predan aM «OESIT 635 ‘Iaploqareys jo suren ineloy aannasae) ~ 61 pared 6 am3eusts Zz = tar] = o. t $ — dna pero ‘dn pees “SAIeEYS yunoure aregs iad “plaq sereqs jo yunoure -ssaxppy [e3oL qunoury JOON ceumm0oN g ‘SeIVYG suwalajetg jo {7 = WN ISIT a 61 paved 5 | amyeuiig Ss a _ _ $ $ \ dn pares dn pees |: ' ‘areys zunome azeqs ‘play sareqs =: yO JuMouTe SSoIPPY Japjoyaregs jo amex TexoL sad yunouy jo ‘ox yeurmon ‘oN ‘ON Jayeay = aaynesTOD I Companies. Ch. 31. No. 1.] 036 (D) Japig dn ZaTpur, jo 33ep 0} Auedures jo woreULicy jo a7ep Woy Gosy B109NC II] (pexeuue siiejep ied se) ainj(puedxa snoauel[szostjy sainjueqeg Uo 4saJazUl SUeO'] UO 3S0I9}T] WOIssTm1UWIO-) "* 6480) MET Sexe] pue 637} %Yy 9a yunosoy Surperl ‘T] Heg—aregy jo yusutazTIg Jod se Aous1geq tm pagreqo jou sede, ™ SOLTeTeS :'Zta ‘sZurpeayq vaoqge 943 Jo Aue sapun papn{s ramnyipuadxy [ersuas) “[] -ul you poued ames Suunp ‘Aue jr ‘sidia0a01 1910 ¢ $ $ a (paxouue ysi[ tod se) pazasz0; (1) Ajjuenbesqns pue pansst sareys uo pred jyunoury ‘epig dn -pareqo us $029,.J JoJsuel] SUIPUTA, -sIp syisodaq uo 836319} jo a3ep junouly SUeOT UO $4S319} 0] ze ong —!s901n0s pouojuam -yapun wos puouead ewes Suinp ‘Aue jr ‘sydiaoay - ‘(paxauue ‘za “(1 qunosoy duipery sad se) (1) zepig dn Surpuny ‘api dn Sutpur,a jo a3ep 03 Auedaos jo uolyewi9} jo ep 03 Aueduio jo uoljyemo; Jo a3ep wor : sseutsng uo Suif{ueo woy Suisue (Ace 51) yyoId ssorsy © JO 3}ep Woy seouTsnq uO ZuTAueD wT ainypuadxy | $ -- a — — — ee ee he —- - “ANV4KO7) JO NOILVKUOT 40 SUVAA FZAYH] NIHLIM FAVK ([) YAGUO dA ONIGNIAA FHAHM INNODDW AONAIOIAC (1) ‘yunoossy Adua}Dyeqd ‘) 0, LSIT Al mW (Ch. 31. No. 1. 637 Compantes. 6l pared ainjzeUsis ‘aeige plnoys sandy seul (¢) ‘a[upayss ayeredas & ul pazlesul oq plnoys Asay} SsnosauInu are siepnoizred azayjy (Zz) ‘azep Jao Aue 93nyzyWsqns pazaIp O6 SLY J9AI920z [EIOBO 24} aleyyy (1)—'saLON i$ (€) 10} payuNnosIe JuNoMIe [20], $ (¢€) 1OJ payunoose oq 0} JUNOUWE [FOL sesuedxgq pure sesso] J9yIG) ‘ITA sasuadxq Areurunyety Ayadoig uo uoneiaideq $}U9UI}SAAT] WO Sasso] 819°C PP —:(z) s10jz0a1Iq 943 Aq Bo wa}yLLM MoT ‘600g s,AueduioD ul go 73a3}3UM 200 WoreIIaI1dap pue Sasso] [A sosuedxq AreuTayjelg Aytadoig wo uorneisaidag S{UIUISAAU] WO Sasso] S199q Ped —(z) 8y00q s,Auedwioj ul yo uaz3Um uoljedzeidap pue sessoy A \ poued sures Suunp parepsep spueplaiq ‘al Companies. Ch. 31. No. 1.] 038 ———_—}+—_ ' | (pexewue sprejep sad se) | asnzrpuedxe snoaueT[sost samjueqed Wo 348929};0] SURO] UO 1Se193U[ worssturmo’) “83809 AP] SexXeL pue sa}eyY a wey yanovy Surpesy tm peBreqo jou sadey CI] Weq) ssregy jo Juauiaze3g iad se Aouatgeq ‘A s3rupeay asoqe ay} yo Aue Japun papnp “a1 300 poured ames Suunp (Aue ji) szdtacaz 29110 “AI SOLIETeS (paxaurre 4st] Jed se) payreyzzoy —!amjprpuedxq |e1suas AQuanbesqns pre pansst sezeys uo pred syunowy $ $ vee vee “-" goag JaySURLL —___| syisodaq uo 3salaj07 ‘(Dp SURO] UO 3S$a10}0] ‘ropio dn | -pagreyo | —:$301n0s pauonusut | -Surputy, ~sIp sJapun wor poled aures Sutanp (Aue 31) sydisoayy “111 jonep . junouy | yeang | paxeuue | ‘zta ‘(T) qunoosy Siipery sad se ({) r9p1o dn Sarpy jo | 29PIO dn Surputyy jo a3ep or = GT yo Aep 9718p 07‘ 61‘ jo Aep (z) aq) Woy (Z) 9q3 Woy ssauisnq uo Suthsres jo sasuedxy ‘]] ssauisng uo 8u1f{ued wo Sinstre (Aue y1) oid ssory “T] (YO 93 papteg Jo paxauue aq 0} S209 aouETeg snotaoid Aue puesiqy) yaeyqg aourjeg s,Acedui0> qed se ‘(Aue jt) 61 ' yo Aep (z) (WC 02 papuey 10 paxauue aq 03 Sj99q45 aDTe] eq snoisaid Aue puesiyy) ‘iaays aouereg s,Auedui05 sad se ‘(Aue yt) 61‘ jo Aep (z) 942 UO SJOSSe I9AO SaljIIQEIY pue yezideg jo ssvoxq *] aq} TO salqiiqery pue jezided Jaao sjassy jo SS99KA *] $ ce “ANVAMOD) 40 NOWVWUOS YALIV SUVA AUB] NVHI FUOK FAVA (1) YIGUO dA ONIGNIAA JUEHM INNODDY ADNAIOISAG (Nn) ‘anosy Acuafyaq (a) ..0,, LSIT 639 ~ } 61° pasta 4 aInz CUBIS = ‘aai8e pjnoys samnSg ssaqL (+) a ‘ajnpayos ayeredas © ul pevasul aq pynoys Aeq] snosauINnG are sreqnorpred arat_\q (¢) O “‘paianp Sey Jarlavay [BIOWO ay3 Se azep Jaqzo Yons Jo JapiO dn Smpuryy jo a3ep a1ojaq sreat aarqy (2) ~~ | ‘ayep JaqjIO Aue 33NzWSQNs PazsoIIP OS Sey JaATadoyY [EIOBO oq} o19T (I) —"saLoN —_— Sa JO} poyUNosIe JuNoure [OL . $ (+) JO} pszTNEIIe 9q 0} JUMOMe [eIOL (>) ¥ (g) sesuadag pue sesso] EMO IA : sosusdxy Areurunjelg 8 Ayradoig jo uonemeidaq & SYUSUSEAU] UO Sasso] = “ syqed ped | —:(¢) ssopanq 4q go u373UM Mom ‘sxO0G s,Aueduio) UT go 0e}71im Jom wonriseidap pure sesso] “1.4 | \ sosuedxq Areumyaig Ayradoig jo uonepeideq S]USUTSeAU] TO sesso] . s1q9q PP —:(¢) 21a ‘sq00q 6,AteduroD ur go waytM (7) 61 ‘ jo dep aq} Woy UOnEMelidap pue Ses80T |) | pouied aures Zuunp pasepsep spuapiitd 4] (1) 29p3U dn 3urpury jo 93ep 02 61 jo 4Ep (z) aq1 wioy saay $103991IC] Companies. No. 1.] Ch. 31. O40 “yun? if7) $1807 40 358-7 avynoiaod 24) aniogdo Muenjoo siyy ut Pests 29 PIMGYS | tN, PAO OYE OG, OF. R ,, pamemu SENT ayt fo rar 40 vue Luv uo pesaqus 340 sappnoipand Ou 9474 ‘sHUVKaY “WUelg pausnjier aq o2 248g TILK SB OO. yuNowy AruaDgaq sareqs ,siapunoy sTTeD predup) poeq uo senundes serros aaqo 10 asueqoxg Jo Sita spuog smyuaqeq uo sueoy 939 ‘soSem ‘saxe} ‘soyex 10} 8107IPelD [eAUI12;21g SYUMQey 2RO an[ea 10; saouejdazse dmv 6, Auedarep aya TET? 1ayV0 payunoosIP sTfig uO sanTIQerT a or pemoes Ajzred 81031pas) (s2apjoy emjzueqap ZurpnyjIut 30U) posnses Ay[N}y s1031pas> gio}Ipal} peinsesu’) <4aHS LNOWY wad SV ‘SUVINDILAVG | VY pewen sis] am jo qons 10; uopnineqns uy LsIT “AMN0A YHOTHRMYEAO ‘1SIJ Compantes. (Ch. 31. No. 1. No. (Rule 43) Report of Result of Meeting of Creditors or Contributories. tn the Matter, ete. 1, $F the Otheial Recewer chairman of a meeting of the creditors [or contribue tones} of the above-named company, suminoned by advertisement inthe newspaper of the 19 andi the Royal Gazette of the 1a and by notice dated 19 ant heldl on the dav of la at do hereby report to the Court the result af such meeting as follows: Che suid meeting wa attended, either personally or by prox, by creditors whose proofs of debt agaist the sad company were acdoutted for voting purposes, samounting tn the whale fa the vatie ot § for by contribulories, holding inthe whole shares in (he sau! company, and entitled: respectively by the tegulations of the company te votes], The question suboutted to the aed meeting was, whether the creditors) [or contributories? of Che sank Company wished that an appleaton should be made ta the Court lor appointing (Ha tauidatorin the place of the Ofheml Receiver and (2) a Contnuttee of Tnspection jer ofticr the Proposal submitted to the meeting). The said meeting was nnatmimously of opinion that the said proposal should: (or should) not] be adopted: lor the result of the voting upon such question was as fallows | (a) Dated) Chis (Signed) Chatrman, No, (Rule 43 (5).) Order Appolating Liquidator. { Pstle.| the day of 19 Upon the appheation of the Otel Receiver and Provisional Liquidator of the above named company, by summons dated and apon heargyg the applicant in person and upon reading the order ta wind up the said company cated 1a and the reports of the Otheml Receiver of the results of the meetings of creo ors and contributories made to the Court and respectively dated Che tO ane the athdavit of as to the titmess of the Laquidator hereinafter maimed tiled It aus ordered named Compuny. of appointed Liquic aubove- (a) And tt is ordered that the following persons be appointed a Committee of lnspeetion to act with the said Laquicdator, namely: And tas ordered that the sad Liquidator do within seven days from the date of {his order give security to the satisfaction of the Court as provided by the Companics Winding up Rules. And notice of (his order is to be gazet tes No. (Rule 43 (6).) Advertisement of Appointment of Liquidator. In the matter of , Limited, By order of the Court, dated the day of ,1o | Mr. of has been appointed Liquidator of the above-named company with for without} a committee of inspection, Dated this day of . IV. 4] ot1 (a) Here sot out the total number and value of the ervditors of (he total number and voting power of the Contribu- lories voting for and against each resolution. (a) To be struck oul if no Com. mittee of Inspection appointed, 642 Ch. 31. No. 1.) Companies. No 23 (Rule 44.) Certificate that Liquidator or Special Manager has given Security. ‘Title.] This is to certify that 1.2., of , who was on the day of 19), appointed Liquidator or special manager] of the above-named company, has duly given security to the satisfaction of the Court. Dated this 19 (Signed) , Registrar of the Supreme Court. No. 24. (Rule 47.) Order Directing a Public Examination. a. [Tttle.] Upon re: Official Receiver in the above matter, dated respectively 19 the day of 19 and It is ordered that the several persons whose names and addresses are set forth in the schedule hereto do attend before the Court ona day and at a place to be named for the purpose, and be publicly examined as to the promotion or formation of the company, and as to the conduct of the business of the company, and as to their conduct and dealings as directors or officers of the Company. SCHEDULE REFERRED To. Addre.. Connection with the Company. No. (Rule 49,) Notice to attend Public Examination. _Litle.} Whereas by an order of this Court, made on the day of ,19 ~~ =, it was ordered that you, the undermentioned should attend before the Supreme Court on a day and at a place to be named for the purpose, and be publicly examined as to the promotion or formation of the company, and as to the conduct (a) Insert of the business of the company, and as to your conduct and dealings as (a) director or And whereas the day of ,19 ,at o'clock, in the officer or us noon, has been appointec as the time for holding the said examination. th case may hi. Notice is hereby given that you are required to attend at the said time and place, and at any adjournments of the examination which may be ordered, and to bring Compantes. [Ch. 31. No.1. with vou and produce all books, papers, and writings and other documents in your custody or power in any way relating to the above-named company. And take notice that if you fail, without reasonable excuse, to attend at such time and place, and at the adjournments of the said public examination which may be ordered, you will be liable to be committed to prison without further notice. Dated the dav of 19 To Official Receiver. No, 26. (Rule 51.) Warrant against Person who fails to attend Examination. ‘Tifle.] To the Marshal. Whereas by Order of the Court dated ,19_— , (a) was ordered to attend before the Court on a day and at a place to be named for the purpose of being publicly examined. And whereas by evidence taken upon oath, it hath been made to appear to the satisfaction of the Court that the day of , 19 , at o'clock in the noon was appointed as the time for holding the said examina- tion, and that notice of the said order and of the said time and place so appointed was duly served upon the said (a). « (And whereas the said (a) did without good cause fail to attend on the said day of , 19, for the purpose of being examined, according to the requirements of the said order of this Court made on the day of _ 19 , directing him so to attend.) jor, and that the said (a) has absconded [or, and that there is reason to believe that the said (a) is about to abscond) with a view to avoiding examination under the Companies Ordinance. } These are therefore to require you the said Marshal to take the said (a) and to deliver him to the Keeper of the Royal Gaol, Port-of-Spain, and you the said Keeper to receive the said (a) and him safely to keep in the said prison until such time as this Court may order. Dated this day of No, (Rule Notes of Public Examination where a Shorthand Writer is appointed. Tulle.) Public examination of (a) Before at the Supreme Court, Port-of-Spain, this day of 19 The above-named , being sworn and examined at the time and place above-mentioned, upon the several questions following being put and propounded to him, gave the several answers thereto respectively following each question, that is to say i—- A. These are the notes of the public examination referred to in the memorandum of public examination of taken before me this day of > 19; 41 (2) 643 (a) Name of person required {0 attend, (a) Mr. an officer [or as the case may be} of the above- named Company. O44 (a) Mr. an otheer as the case mav be] of the ahbove- named A ompany, Ch. 31. No. 1.] Companies. No. 28. (Rule 52.) Notes of Public Examination where a Shorthand Writer is not appointed. Title. Public examination of (a) Before at the Supreme Court, Port-of-Spain, this day of 19 above-named being sworn and examined at the and place ‘mentioned, upon his oath saith as follows: A. These are the notes of the public examination referred lo in the memorandum of public examination of , taken before me this dav of ,19 No. (Rule 55.) Application for Appointment of Shorthand Writer to take down notes of Public Examination and Order thereon. [Ttle. , Fy parte the Otticial Receiver. 1, the Official Receiver herein, do hereby, pursuant to Rule 55 of the: Comp. +s Winding up Rules, apply to the Court for an order for the appointment of of fo take down in shorthand the notes of examination of at their pubhe ¢ camination, the costs of taking such notes, and of making a transcript thereof, te be paid in accordance with Rule ~~ Dated this dav of Oficial Receiver. Before Upon the application of the Official Receiver the Court hereby appoints at to take down in’ shorthand the notes of examination of the persons. mentioned in the above application at ther public examination, or at any adjourn- ment thereof, pursuant to Rule 55 of the Compames Winding up Rutes, the costs of taking such note and of making a transcript theresf, to be paid in accordance with Rule 55. Dated this No. 30, (Rule 55.) Declaration by Shorthand Writer. "Title Before 1, of » shorthand writer appointed by the Court to take down the examination of , do solemnly and sincerely declare that | will truly and faithfully take down the questions and answers put to and given by the said in this matter, and will deliver true and faithful transcripts (hereof as the Court may direct. Dated this day of 19 {Declared before me at the time and place above-mentioned. ! Compantes. [Ch. 31. No. 1. 645 No. 31. (Rule 57.) [Tiéle.} Pursuant to an Order of the Court dated the day of ,19 1, , the Liquidator of the above-named company, hereby disclaim all interest in the lease dated the day of , 19 whereby the premises (a) were demised to at a rent of $ per annum (a) Insert for a term of description Notice of this disclaimer has been given to or onerty Dated this day of 19 disclaimed. Liquidator. No, 32. (Rule 57.) Notice of Disclaimer of Lease. Tith. Take notice that, pursuant to an Order of the Court, dated the day of ,wW I, , the Liquidator of the above-named company, by writing under my hand bearing date the day of ,19 — , disclaimed all interest in the lease dated the day of », 19 whereby the premises (a) were demised to at a rent of § per annum (a) Insert for a term of description The above-mentioned disclaimer has been filed at the office of the Registrar of the of the Supreme Court. property Dated this day of 19 disclaimed. Liquidator. To (Address) No. 33. (Rule 61.) Notice by Liquidator requiring Payment of Moncy or Delivery of Books, etc. to Liquidator. i Title.j Take notice that I, the undersigned (a) , have been appointed Liquidator (a) Name of of the above-named company, and that you, the under-mentioned ()) liquidator. are required, within days after service hereof, to pay to me joer deliver, (4) Name of convey, surrender, or transfer to or into my hands] as Liquidator of the said person to company at my office, situate at (c) , etc, the sum of § being the whom notice amount of debt appearing to be duc from you on your account with the said company is addressed. leur any money, property, books or papers], ,ur specifically describe the property) (c) Address now being in your hands, and to which the said company is entitled ‘or otherwise of liquida- as the case may bc}. tor’s office. Dated this day of , 19 (Signed) Liquidator. To (5) (Address) 6416 Ch. 31. No. 1.] Companies. No. 34. (Rule 62.) Provisional List of Contributories to be made out by Liquidator. [Title The follow ing is a list of members of the company liable to be placed on the list of contributories of the said company, made out by me from the books and papers of the said company, together with their respective addresses and the number of shares [or extent of interest} to be attributed to each and the amount called up and the amount paid up in respect of such shares {or interest] so far as I have been able to make out or ascertain the same. In the first part of the list, the persons who are contributories in their own right are distinguished. In the second part of the list, the persons who are contributories as being representatives of, or being liable to the debts of others, are distinguished. First ParT.— CONTRIBUTORIES IN THEIR OWN RIGHT. | Number of Amount called Amount paid . ! % . up at date of up at date of Serial Name. Address. Description.' Shares vr commencc- commence- “_ ' Interest’ ment of ment of | | winding up. winding up. SECOND PART.—CONTRIBLTORIES AS BEING REPRESENTATIVES OF, OR LIABLE TO THE DEBTS OF, OTHERS. : Number at Amount | Amount , In what | Shares [or | called up | pa Description. | character! extent of | Serial! wl | | included. Interest], | CoMMence-/ commence- 1 | | No. | Name. Address.: ment of ment of | |winding up. winding up. Companies. [Ch. 31. No. 1. 647 No. 35. (Rule 63.) Notice to Contributories of Appointment to settle List of Contributories. [Title.] Take notice that I, the liquidator of the above-named company, have appointed the day of ,19_ ,at of the clock in the noon, at (a) to settle the list of the contributories of the above-named (a) Insert company, made out by me, pursuant to the Companies Ordinance, and the rules place of thereunder, and that you are included in such list. The character and the number appoint- of shares [oy extent of interest] in and for which you are included and the amount ment. called up and the amount paid up in respect of such shares [or interest] is stated below; if no sufficient cause is shown by you to the contrary at the time and place aforesaid, the list will be settled, including you therein. Dated this day of 19 Liquidator. To Mr. 4.8. [and to Mr. C.D. his solicitor}. i | | Amount Amount |Number of called up ;_ paid up | | | In what No. rae i i on Same! Address.| Description. | character Shares et | at date of | at date of List. ! included, extent of | commence- commence- | ment of ment of winding up.| winding up. NotE.—Contributories are under no obligation to attend the appointment referred to in the above Notice if they are satisfied that the particulars contained in the notice are correct. A shareholder’s name cannot be omitted from the list of contributories on account of his inability to pay calls; this question will be dealt with when application is made for payment of the calls. A change of address may be notified by giving notice by post BEFORE the date fixed for the appointment. No. 36. (Rule 63.) Affidavit of Postage of Notices of Appointment to settle List of Contributories. [Tstle.] I, a (a) make oath and say as follows:— (a) State the 1. That I did on the day of , 19 _, send to each contributory description mentioned in the list of contributories made out by the [Official Receiver and] of the Liquidator on the day of , 19, and now on the file of pro- deponent. ceedings of the above-named company, at the address appearing in such list, a notice of the time and place of the appointment to settle the list of contributories in the form hereunto annexed, marked ‘‘ A,” except that in the tabular form at the 648 (by Num- ber of shares or “extent of interest.” va) Num, ber of shares ot “extent of intcrest.”’ Ch. 31. No. 1.} Companies. toot of such copies respectively [inserted (he number, name, address, description, in what character included, ()) the amount called up, and the amount paid up. In respect of the shares for interest} of the person on whom such copy of the said notice was served, 2. That T sent the putting the same prepaid into the post office al before the o'clock in the noon on the said day. Sworn, etc No, (Rule 64) Gertificate of Liquidator of Final Settlement of the List of iontributories. | Title.} Pursuant to the Companies Ordinance, and to the rules made thereunder, — the undersigned, being the liquidator of the above-named company, hereby certify that the result of the setdement of the list of contributories of the above-named company, so far as the said list has been settled, up to the date of this certihcate, Is as follows: 1. The several persons whose names are set forth in the second column of the First Schedule hereto have been included in the said list of contributories as contributores of the said company in respect of the (a) set opposite the names of such contributories respectively in the said schedule. T have, m the fitst part of the said schedule, distinguished such of the said several persons inchided im the said list as are contnbutories un their own right. L have, in the second part of the said schedule, distinguished such of the said several persons included in the satd list as are contributories as being representatives of or bemg hable to the debts of others, 2. The several persons whose name. are set forth in the second column of the Second Schedule hereto, were included in the provisional list of contributores, and have been excluded from the said list of contributories. Thave, m the sixth column of the first part of the First Schedule and in the seventh column of the second part of the First Schedule and in the same column of the Second Schedule, set forth opposite the name of cach of the several persons respectively the date when such person was included in ot excluded from the said list of contributories. 4 Thave, in the seventh and cighth columns of the first part of the First Schedule hereto, and in the cighth and ninth columns of the second part of the said Schedule, set forth opposite the names of cach of the said persons respectively the amount called up at the date of the commencement of the winding up and the amount paid up at such date in respect of their shares [or interest]. S. Before settling the said list, T was satisfied by the affidavit of , clerk to . duly tiled with the proceedings herein, that notice was duly sent by post to each of the persons mentioned in the said list, informing him that he was included in such list in the character and for the (a) stated therein, and of the amount called up and the amount paid up in respect of such shares [or interest] and of the day appointed for finally settling the said list. Dated this day of 19 In the Matter of , Limited. Compantes. The First Schedule above veferved to. First PART.—-CONTRIBUTORIES IN THEIR OWN RIGHT. Serial | Number of ate No. | \ we | a: Shares [or | . © Name. | Address.| Description. included m extent of in th List. Interest}. wie List. i 1 | | | { Pot i i | | | | : | In the Matter of Limited. “OND PART. i Serial ) No, | Deseri in’ {Name.} Address [) SS°UP- i tion, List. a a7 In the Matter of Dents or, OTHEers. [Ch. 31 Amount called up at date of commence- ment of | Amount called up . No. 1. Amount paid up at date of commence- ment of winding up. CONTRIBUTORIES AS WEING REPRESENTATIVE OF, OR LIAKLE TO THE Amount paid up . Number] Date ) hi : e . i i In what of Shares! when al date of | at date of charac- ar com- com- [er ex- jincluded ter : mence- mence- ee tentof | inthe included, . re ment of | ment of Interest!) List, a are winding | winding / up. up. , Limited. 649 650 Ch. 31. No. f.] Compantes. wre veferred to, Serial Number of | Date when No in Addre Shares “or excluded Last ‘ extent of from the Interest List. e No. (Rule 65.) Notice to Contributory of Final Settlement of List of Contributories and that his Name is included. Ville Take notice that 1, the liquidator o s above-named company, have, by certificate, dated the dav of , 19 ,» under my hand, finally settled the list of contributories of the said company, and that vou are included in such list. The character and the number of shares [or extent of interest] in and for which vou are included and the amount called up and the amount paid up in respect of such shares (or interest] is stated below. Any application by vou to vary the said list of contributories, or that your name may be excluded therefrom, must be made by you to the Court within twenty-one days from the service on vou of (his notice, or the same will not be entertained. The said list may be inspected by you at the oltice of the Registrar of (he Supreme Court on any day between the hours of and Dates dav of lo (Signed) Largeat To Mr. or to Mr. lis solicitor. 1 Amount Amount ' a. Number called up paid up No. Name. Addre | at of Shares | at date of | at date of Ne aie 4 . all. jor extent | cammence- | commence- of Interest!) ment of ment of winding up. | winding up. List. | included, Companie.. (Ch. 31. No. 1. No, (Rule 65.) Affidavit of Service of Notice to Contributory. | Tatlej U (a) ol make oath and sav as follows: (Talat on the day of 219, in the manner hereinafter: mentioncs serve a true copy of the notice now produced and shown to me and marked “ A, upon cach of the respective persons whose names, addresses, and descriptions appear in the second, third, and fourth columns of the First Schedule to the list of contrbulories of the said Company made out by the ‘Otticial Receiver and | Liquidator of the Company on the day of 19 and now on the file of proceedings of the said Company In the tabular form at the foot of such copies respectively Toinserted the number on list, same, address, description, ino what character included. and (0) and the amount paid up and the amount called up in respect of the shares jer interest} of the person on whom such copy of the said notice was served, in the same words and Gigures as (he same particulars are sel forth m the said schedule. 2. Lb served the said respective copies of the said notice, by putting sach copies ‘spectively, cluly addressed to such persons respectively, according to their spective names and addresses appearing in the said schedule, and by placing the came prepaid in the Post Oftice at hefore the hour of o’glock in the noon of the said dav 19 Order on Application to vary List of Contributories. Tithe Upon the application of WN by summons dated the day of . 1a for an order that the list of contributories of the company and the liquidator’s certificate finally settling the same be varied by excluding the name of the applicant therefrom jor, as the case may bel, and upon hearing, etc., and upon reading, ete., Ht is Ordered, That the list of contributories of the company and the liquidator’s certificate finally settling the same be varied by excluding the name of the said WON. from the said list of contributories, or by including the name of the said W.N. as a contributory in the said list: for shares [or, as the case may be| [or the Court does not think fit to make any order on the said application, except that the said DEN do pay to E48, the liquidator of the said company, his costs of this appheavon, such costs to be taxed). No. Supplemental List of Contributories. ihe! 1) The following is a list of persons who, since making out the list of contributories herein, dated the day of ,19 » Phave ascertained are, or have been, holders of shares in)jor members of| the above-named company, and to the best of my judgment are contributories of the said company 2. The said supplemental list contains the names of such persons together with their respective addresses and the number of shares jor extent of interest} and the amount called up at the commencement of the winding up and the amount paid up at such date in respect of the shares [er interest] to be attributed to each. 3. In the first part of the said list such of the said persons as are contributorie. in their own right are distinguished. 4. In the second part of the said list such of the said persons as are contributories as being representatives of, or being liable to the debts of others, are distinguished. 1Vhe supplemental list is to be made out in the same form as the original list.| 651 tall on (MY Nut ber at shares “extent miterest. 65 Ch. 31. No. 1.] Companies, No. 42. (Rule 68 (2).) Notice to cach Member of Committee of Inspection of Meeting for Sanction of proposed Call. (Pelle) Take notice that a meeting of the committee of inspection of the above company will be held at on the (a) dav of »19° 0 Vat o'clock in the, noon, for the purpose of considering and obtaining the sanction of the committee toa call of $ per share proposed to be made by the liquidator on the contribulorie. Annexed hereto is a statement showing the necessity for the proposed call and the amount required. Dated this day of 19 _ (Signed) Ligua STATEMENT. 1 The amount due in respect of proofs admitted against the company, and the estimated amount of the costs, charges, and expenses of the winding up, form in the Ageregate the sum of or thereabouts, 2. The assets of the campany are estimated to realise the sum of § There are no other assets, except the amounts due from certain of the contributoric. to the company, and in my opmion it will not be possible to realise in respect of the sud amounts more than § 3. The list of contributorics has been duly settled, and persons have been settled on the hist in respect of the total aumber of shares. 40 For the purpose of satisfving the several debts and lialulities of the company, and of paying the costs, charges, and expenses of the winding up, | estimate that a sum al will be required in addition to the amount of the company’ assets hereinbefore mentioned, In order to provide the said sum of § i is necessary to make a calbon the contributories, and having regard to the probability that some of them will partly or wholly fail to pay the amount of the call, TL estimate that for the purpose of reahsing the amount required iCis necessary that a call of § per share should be made. (dane tabular statement showing amount of debts, and o No. 43.0 (Rule 68 (2).) Advertisement of Mecting of Committee of Inspection to sanction proposed all, Title. | Notiee is hereby given that) the undersigned liquidator of the above-named company proposes that a call should be made “on all the contributories of the said company,” or, as the case may be, of $ per share, and that he has summoned a meetuug of the committee of inspection of the company, to be held at on the dav af 19a at o'clock in the to obtain their sanction to the proposed call. Each contributory may attend the meeting, and be heard or make anv com- munication in writing to the hquidator or the members of the committee of inspection in reference to the intended call. A statement showing the necessity of the proposed call and the purpose for which it is intended may be obtained on application to the liquidator at his ofhce at (a) Dated this day of ,, Liquidator, Compantes. (Ch. 31. No. 1. No. 44. (Rules 68 (4) and 71.) Resolution of Committee of Inspection sanctioning Call. Kesolved, that a call of $ per share be made by the liquidator on all the contributories of the company ,or, as the case may be | (Signed) . Members of the Committee of Inspection. dav 19 No. 45. (Rule 69.) Summons for Leave to make a Call. (Title.} Pet the several persons whose names and addresses are set forth in the second column of the schedule hereto, being contributories of the above-named company, as shown in the third colin of the said schedule, attend at on the dav of 19 at o'clock in’ the noon, on the hearmg of an application on the part of the (Oficial Receiver and] liquidator of the company for anioerder that he may be at liberty to make a call to the amount of per share on all the contributoties or, as the case may be! of the said company Dated this day of 19 This summons was taken out by of jONcial Recewer and?! hquidator. Nove Tf vou do not attend either in person or by your Solicitor, at the time and above-mentioned, such order will be made and proceedings taken as the Court think just and expedient. SCHEDULE, mber on List. Ni and Addre, No. do, (Rule 69.) Affidavit of Liquidator in support of Proposal for Call. | Tutle.| I, .. the liquidator of the above-named company, make oath and say as follows Uo oT have an the schedule now produced and shown to me, and marked with the letter \. set forth a statement showing the amount due in respect of the debts proved and admitted against the said company, and the estimated amount of the costs, charges, and expenses of and incidental to the winding up the affairs thereof, and which several amounts form in the aggregate the sum of § or thereabouts, 053 oot Ch. 31. No. 1.! Com par 2 T have also in the said schedule set forth a statement of the assets ino hand belonging to the said company, amounting to the sum of § and no more, There are no other assets belonging to the smd company, except the amounts due from certam of the contributories of the said company, and, to the best of mv information and belief, at will be impossible to reahse in respect of the sar amounts more than the sum of § or thereabouts. versons have been settled by me comp: incre. oeet of the total number 40 For the purpose of satisiving the several debts and habilities of the said company and of paving the costs, charges. and expenses of and incidental to the winding up the altars thereof, DP beheve the sum of § will be required in addition to the amount of the assets of the sad company mentioned in the said Schedule Vand the avidl sum ol § In order to provide the said sam of § ios necessary to make a call pen the several persons who have been settled on the hist af contributories as before menboned, and. having rezard to the probability that some of such contribulories will parthy or wholly fai te pay the amount ef such call | believe that. for the purpese of reahsing the amount required as befare mentioned, ois necessary that a call of §& per share should be made, Advertisement of Application for leave to make a Gall. In the Matter of whereby given that the Court las appointed dav of 9 a Wclock im the sloon, at (a) to hear an Appheation for leave tomake a callen all the contributories of the said company [er, as the case maybe and that the hquidator of the said company proposes that such call shall he for § pershare VP persons interested are entitled to attend at such dav. hour and place, tootler objections to such call, 48. (Rule. and 71.) Order giving Leave to make a Call. 19 Upon the appliation by summons dated ofthe Olbeul Reeener and! bquidator of the above named company, and upon readius Che order to wind up the above-named company the list of contributories of the said company and the hquidator’s certiticate of the tinal settlement of the same tiled 19 the athdavait of the said | Othcial Receiver and’ lquidator, tiled (he dav of 19 Sand the exhibit marked AU therem referred to, ands athdavit of (ed the dav of 19 Mas ordered that leave be given to the Olheial Receiwer and liquidator to make : call of § per share on all the contrbutories of the said comput (a). Anidit is ordered that each such contributory do on or before the 19), pay do the [Oficial Receiver and] liquidator of the the amount whieh will be due from him or her in respect of such call, Compantes. [Ch. 31. No. 1. 655 No. 49, (Rule 70.) Document making a Call. Title.) I, the ,Ofheial Reeewer and] liquidator of the above-named company, i pursuance of (a) made tor passed] this dav of 19 (a) An order hereby make a call of per share on all the contributeries ef the company, of court, or wlich sum is to be paid at my oflice (f) en the day of resolution of iD , the Com. mittee of In- spection, (h) Insert address, Na. wl) Notice of Gall sanctioned by Committee of Inspection to be sent to Contributory. Fule committees of inspection in Che winding ap of Chis company per share on all Che contributories of the company sum of $ This before the (a) Slate address, Mt Notre He vou do net pay the sum due from vou hy the date mentioned interest willbe chumed en such stim at the rate of sis percent per annum fram the sad date until paviment af (Rule Notice to be served with the Order sanctioning a Call. Title Vhe amount due from vou, call made pursuant to leave given by the above or within ore which suntis to be pat by you fe me as the hamdater at my oflee, No, Street Ir le fault charged upon pavinent, (Rule 72) Afff_davit: in) support of appHeatlon for Order for Payment of Call. Gitle 1, or of the savas follows: 1 None of the contributores of the said company, whose nanies are set forth in the schedule hereto annexed, marked A, have paid or caused to be paid the sums set opposite their respective names in the said schedule, which sums are the amounts vow due from them respectively ander the call of per share, duly made under the Companies Ordinance, dated the day of 19 2. The respective amounts or sums set opposite the names of such contributories respectively in such schedule are the truce amounts due and owing by such contribu- ones respectively in respect of the said call. 656 Ch. 31. No. 1.] Compantes. A, Tuk SCHEDULE ABOVE REFERRED To. 1 No, In what | on Name. Addre. Description, | Character | Amount due. List. included. | fo Note Tn addition to the above afidarit, an afidaci of the service of the application for the call wl be required in cases on tehich the Committee of Inspection or the Court has anuthovised a call to be made No. 53. (Rule Order for Payment of Call due from a Contributory. 19 Upon the application lpindator “named company and upon reading an athdavit of tiled) the of 9 » and an alhdavat of the liquidator. filed the day of , 19 . itis ordered that C.D oof, ete Sor BLE, of, ete the legal personal representative of L.A1,, late of, ete., deceased, one of the contributories of the said company [or, if agains! several conterbutorics, the several persons named im the second column of the schedule to this order, being respectively contributeries of the said company}, do, on or: before: the day of 19, or subsequently within four days after service of this order, pay to LA. the hquidator of the said company at his othee, No, Street, . the sum of § laf agamst a legal personal representative add, out of the assets of the said E.4/ 0 deceased, in his hands as such legal personal representative as aforesaid, to be administered in) due course of administration, othe sad EF has in lus hands se much to be administered, or, tf against several contrtbutortes, (he several sums of money set opposite to the respective names in the sixth column of the said schedwe hereto], such sam [er sts] being the amount Jor amounts! due from the said C.D. jor LM.) [er the said several persons respectively} Mm respect of the call of per share duly made, dated the day of 9 And it is Ordered that the said several persons do within the like period and at the place aforesand pay to the said cf... as such liquidator as aforesaid, interest at the rate of six per cent. per annum on the amounts specified in the sixth column of the said schedule fron: the to the date of payment. And it is Ordered that the said several persons do within the like period and at the place aforesaid pay to the said 4.8., as such liquidator as aforesaid, the several sums set opposite their respective names in the seventh column of the said schedule, such sum bemg the proportion of the applicant's costs of the said application payable by such several persons respectively. |Add appropriate paragraphs as to amounts payable by married women and legal personal representatives (if any).] ( ompantes. [Ch. 31. No. 1. 057 Fuk SCHEDULE REFERRED TO IN THT FOREGOING ORDER, Total amount No. wha . Deserip- | In what ' Amount | Proportion payable un Name. Ndldress, tion Character | due of Costs. | tog List tineluded. . StS. | exclusive of | | Interest. { $ | $ Nort, ‘The copy for service of the above order must be endorsed as follows; Woveu, the undermentioned GF neglect to obey this order by the time mentioned therein you will be liable to process of execution, for the purpose of compelling vou to obev the same.” No 94 (Rule 72.) Affidavit: of Service of Order for Payment of Gall. Uitte | J.B, ol, cle make oath and sav as follows: T did on the day of 19 personally serve G. f° . with an order made in this matter by this Court, dated the day of 219 , whereby it was ordered [set out the order) by delivering to and leaving with, he said GE, al an ollice copy of the said order. 2. There was endorsed on the said copy when so served the following words, that is to say, “Tf you, the undermentioned G./*., neglect to obey this order by the time mentioned therein, you will be liable to process of execution for the purpose of compelling you to obev the same.” Sworn, etc. 658 Ch. 31. No. 1.] Companies. (a) Villin full name, ad- No. 55. (Rules 74-78.) dress, and occupation Proof of Debt. General Form. of deponent. , . Uf proof made 5 [Title] by creditor, 3 strike out 9 U (a) of make oath and sav- clauses (4) = : : ; and (c). If 8 (6) That | am in the employ of the under-mentioned creditor, and that | am made by a duly authorised by to make this affidavit, and that it is within my own clerk ol 3 knowledge that the debt hereinafter deposed to was incurred and for the con- creditor, 3 strike out (c) sidcration stated, and that such debt, to the best of my knowledge and belief, 2 still remains unpaid and unsatisfied. agent of the a ; . company, 4 (c-) That | am daly authorised, under the seal of the company hereinafter strike ont (/). 9 named to make proof of debt on its behalf. (d) Insert “me and to Cc.) and EL omy co- partners in trade (if anv), or, if, 2 1. That the above-named company was, at the date of the (*) order for winding up the same, viz.: the day of 19, and still is justly and truly indebted to (d) in the sum ol $ for (c) as shown by the account endorsed hereon, or by the following account, viz. :- hould attend ag for which sum or any part thereof I say that 1 have not nor hath (f) by clerk oro any person by (g) order to my knowledge or belicf for (g) use agent insert 7 : a an . name, ad- had or received any manner of satisfaction or security whatsoever, save and dress, and except the following (A) :-- description of principal. | Date. | Drawer.| Acceptor. | Amount. | Due date. rus, Admitted ro le —.-. (e) Skate considera- | Admitted to vote for | $ tion {as goods sold 3 the i and delivered by me day of 19 (and my said part Tel Dani aes ner) fo the company Olhcial Re ceive r between the dates of or Liquidator. for moneys advanced by mem respect of Admitted to rank for the under-tmentioned |. 7. Till ot exchange] or, dividend for § as the case may bey. this day of (f) “My said) part- 19 “nets a any ot a : " them oor the Oihcial Receiver * above-named ere: or Liquidator. “ ditor ™ (as Uhe case may be). ig) & My," of “ our on their, or his . (as the case may be) Sworn this day of 19 (A) (Here state the particulars oof all arities: held, and se {Deponent's Signature. | where the securities are on the properts of the company as Before me sess the valuc of the same, and if any bill T . - . . Seether. newoualte ; The proof cannot be adimilted for voting at the first mecting unless it securities be held IS properiy completed and lodged with the Official Receiver before the time speeily them in the named in the notice convening the meeting. schedule.) N.B-- Bills of Ex- a — - _ change or other ne- . . . . oa gatiable securities (*) Where before the presentation of the petition for the winding up of a me \r produced company hy the Court, a resolution has been passed by the company for voluntary we eoproof car oo: : * M ‘ headanticd Winding up, the date of the commencement of the winding up must be sub- sti(uted for the date of the winding up order (see section 168 of the Companies Ordinance). NOTE. Companies. (Ch. 31. No. 1. 659 Particulars of Account referred to on the other side. (Credit should be given for Contra Accounts.) Remarks. Date. Consideration. Amount. The vouchers (if any) by which the account can be substantiated should be set out here. Deponent’s Signature Signature of Commissioner or Officer administering oath No. 56. (Rule 84.) Proof of Debt of Workmen. (Title.] 1 (a) ot (b) make oath and say: (a) Fill in 1. That the above-named company was on the day of ,1 , ww name, d and still is justly and truly indebted to the several persons whose names, addresses, occupation and descriptions appear in the schedule endorsed hereon in the sums severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or othersin the employ of the company in respect of services tendered by them respectively to the company during such periods as are set out of deponent. (0) On behalf of the work- against their respective names in the fifth column of such schedule, for which said men and sums, or any part thereof, 1 say that they have not, nor hath any of them had or loved b received any manner of satisfaction or security whatsecver. Fe above. Sworn at this day of 19 named Deponent’s Signature, CO™MPany. Before me Schedule referred to on the other side. j ™ i 1 | 2. 3. | 4. 5. 6. Period over No. | Full Name of Address. {| Description. which Amount duc, | Workman. | Wages due. i ae ‘ - _—- $ | oa Signature of Deponent. 660 Ch. 31. No. 1.] Companies. No. 57. (Rule 88.) Notice of Rejection of Proof of Debt. | Trtle.] Take notice that, as (Official Receiver and] Liquidator of the above-named fa) HW proof company T have this day rejected vour claim against the company (a) (to the extent whally of § lon the following grounds: Tejected _ strike out And further take notice that subject to the power of the Court to extend the time, words no application to reverse or vary my decision in rejecting your proof will be underlined. entertained after the expiration of davs from this date. Dated this dav of Signature. Adare. Oficial Neceiver and) Liquidator. No. (Rule Lists of Proofs to be Filed under Rule 95, i Pule,) all proofs tendered to me Laquiutates Proor IRE Name Amount of | Whether admitted, rejected | Ifadmuitted ! Proof, : or standing over for Amount. further consideration. $ No. (Rule 100.) Notice to Creditors of Intention to declare Dividend. Tule, (a) Insert A (a) dividend is intended to be declared in the above matter. You are mentioned here “first «as accreditor in the statement of allairs but vou have not vet proved your debt. er“ second If you do not prove your debt by the day of 19 you will be or “final,” ‘xecluded from this dividend. cy as the case . may be. Dated this To NY | Address. | Compante. (Ch. 31. No. 1. No. 60. (Rule 100 (1).) Notice to Persons claiming to be Creditors of Intention to Declare Final Dividend. [ Title.) ‘Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the day of , 19, or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. Dated this day of 19 To X.Y. | Addreas. | Liquidator. No. 61. (Rule 100 (3).) Notice of Dividend. Please bring this Dividend Notice with you.] Dividend Payable Vouchers* are cancelled at the expiration of three months from date of issue, but will be re-issued free of charge on application within six months from date of issue. A fee of twenty-four cents when the dividend does not exceed four dollars and eighty cents and sixty cents when the dividend exceeds four dollars and cighty cents is chargeable on the RE-IssuE of each Dividend Vayable Voucher*® after six months from the date of issue. i Tetle.) Dividend of in the dollar. [ Address. } | Date.] Notice 1s hereby given that a dividend of in the dollar has been declared in this matter, and that the same may be received at my office, as above, on the day of 19 ot on any subsequent between the hours of and Upon applying for payment this notice must be produced entire, together with any Bills of Exchange, Promissory Notes or other negotiable Securities held by you. If you desire the dividend to be made payable to some other person you should sign and lodge with the liquidator an authority in the prescribed Form No. 62. Otherwise if you do not attend personally you must fill up and sign the subjoined Forms of Receipt and Authority to deliver, when a Dividend Payable Voucher* in your favour will be delivered in accordance with the authority. To (Signed) Liquidator. Note. The receipt or authority should, in the case of a firm, be signed in the hirm’s name or in the case of a limited company by an officer of the company, so described. RECEIPT. No. 19 Received of in this matler the sum of dollars cents being the amount payable to me/us in respect of the dividend of in the dollar on my/our claim against this company. Payee's Signature. ——S —— 661 * In cases in which the payments are made by cheque substitute “ cheques “ or “cheque.” 662 (a) Note.— This is an authority only to deliver the Payable Voucher NOT to makc it payable to another person. (b) Strike out words inapplicable. If net to be sent by post strike out words in italics and insert the name of the person who is to receive the voucher. Ch. 31. No. 1.] Companies. AUTHORITY FOR DELIVERY (a). SIR, Please deliver (b) to "' me/us by post,"' at'' my/our risk " or to the Bearer, Mr. the voucher for the dividend payable to me/us in this matter. Payee's Signature. To the (Official Receiver and} Liquidator. Date ,19 No. 62. (Rule 100 (6).) Authority to Liquidator to Pay Dividends to another Person. [Tttle.] To the (Official Receiver and] Liquidator. SIR, 1/We hereby authorise and request you to pay to Mr. of (a specimen of whose signature is given below), all dividends as they are declared in the above-named matter, and which may become due and payable to me/us in respect of the proof of debt for the sum of § against the above-named company, made [by Mr. ! on my/our behalf. And I/we further request that the voucher (cheque or cheques) drawn in respect of such dividends may be made payable to the order of the said Mr. whose receipt shall be sufficient authority to you for the issue of such voucher (cheque ar cheques) in his name. It is understood that this authority is to remain in force until revoked by me/us in writing. Signatures. Witness to the Signature of Witness to the Signature of Date Specimen of Signature of person appointed as above. Witness to the Signature of Witness to the Signature of person appointed as above. Companies. (Ch. 31. No. 1. No. 63. (Rule 101.) Notice of Return to Contributories. [Please bring this Notice with you.) Payable Vouchers* are cancelled at the expiration of three months from date of ssue, but will be re-issued free of charge on application within six months from month of issue. _A fee of twenty-four cents when the return does not exceed four dollars and vighty cents and sixty cents when the return exceeds four dollars and cighty cents, is chargeable on the RE-Issvt of cach Vayable Voucher® after six months from the date of issue. LJ itle.| Return of § per share. ! Address. | | Date.] Notice is hereby given that a return of per share has been declared in this matter, and that the same may be received at my office, as above, on the day of 19 or on anv subsequent day, except Saturday, between the hours of Upon applying for payment this notice must be produced entire, together with the share certificate. If you do not attend personally you must forward the share certificate and fill up and sign the subjoined Forins of Receiptand Authority fo Deliver, when a VPayablte Voucher* in your favour will be delivered in accordance with the Attthority. (Signed) Liquidator. Notre. The receipt should be signed by the contributory personally, or in the case of joint contributories by each, and in the case of a limited company by an otlicer of the company, so described. Rr No. 19 Received of the in this matter the sum of dollars cents, being the amount payable to in respect of the return of per share held by in this company. ‘ontributory’ Signature. AUTUORITY FOR DELIVERY (a). Str, Please deliver (b) fo me/us by post, at my/our risk or to the bearer Mr. voucher® for the return payable to me/us in this matter. Contribute Vo the (Official Receiver and! Liquidator. Date 19 663 * In cases in which the payments are made by cheque substitute ** cheques " or “ cheque.” (a) Note.— This is an authority only to deliver the Payable Voucher, not fo make it payable to another person. (b) Strike out words inapplicable. If not to be sent by post strike out the words in italics and insert the name of the person who is to reccive the voucher. Compantes. No. 1 Ch. 31. o64 (Rule 101.) No. 64 ontributorics holding Paid-up Sharea to whom a Return ts to be Paid (a). . Schedule or List of ¢ of 19 No, In the Matter of SVL ULUGQ TUR, 14949 1 WaLAul jo Lysuely Je Sizpnoqed pue wey apqesed ulna boy “alBYe xvi ye wIQE -fed winqay yo yunewy Lea y Ip Lepe Aq puseudeidde peyt Wes JO UNL ENOL def Win yay fo WIMP We RY[RY Jo awe od quLGUe [eOL Peppes yuu ABI Payee o: ISU baleyy po du {SITY Papas ul equi Compante, (Ch. 31. No. f. 005 No. 65. (Rule tos.) Notice to Creditors of First Meeting. (Title. (Under the order for winding up the above-named Company, dated the day of oo) Notice is hereby given that the fist meeting oe crediters uv the above matter will held at ou the day of 1a at o'clock in the Neen be entitle vou to vote wat vour proof must be lodged with me not later than oclock on the day of ta Forms of proof and of general and special proxies are enclosed herewith. Proxies to be used at the meeting nust be lodged with me at my ofce aot Later than eloek on the lav of to conver, (a) Here : “ Nou insert “* has not been At the frst meetings of the creditors and: contributarie. amongst other lodged " or things. “has been 1 Ry resolution determine whether or not an appheation shall be made oo the lodged, and ‘ourt to appemt a liquidator in place of the Othcual Receiver. summary is Ry resolution determine whether or not an application shall be made to the cnclosed. Court tor the appemtinent of a commiltee of inspection to act with the liquidator, and who are to be the members of the committee tf appointed, Nore Oneal Receiver will be the Tyrie No, Notice to Contributories of First: Meeting. Notice is hereby gueen Chat the trst meeting of the contributories inthe above matter will be held at on the day of a at Welock in the Noon, Forms of general and specail proxtes are enclosed herewith, Proxies to be used AC the meeGag must be lodged with me at ow othee not Liter than o'clock on the dav of la tab Necerver, (a) Here Nore. insert ** has . not been AU ticetings of creditor, amongst other lodged,” or things. ‘has been 1 Ry resolution determine whether or not an application shall be made to the lodged, and Court to appomt a hquidater in place of the Otheial Receiver. summary is enclosed."* Court tor the appemtiment of a committee of inspection to act with the liquidator, and who are te be the menibers ot the comuutteo i appomted, 2. By resolution determune whether or not an application shall be mide to the Notrk. [fa liquidator ts not appointed by the Court the Omicini Receiver will be the hquidator, 666 a) Here insert: place where meet ing will be held. (b) Insert name of person required to attend Notice af rst meeting to officers of company fon 67 (a) "Or con- tributories.”” (1) Tn case of contribu tories insert “ominber of shares “" and “number ot votes accord ine to the repulations of the Com panv. Ch. 31. No. 1., Companies. No. 67 (Rule 106.) Notice to Directors and Officers of Company to attend First Meeting of Creditors or Contributories. Vake notice that the frst meeting of creditors (or contributorie. | will be held on the day of 19 at o'clock at (a) and that vou are required to attend thereat, and give such uvformation as the meeting may require Dated this Official Recewer, Kule 100. 0 The Othenl Keceiwer shall also give to each of the Directors and other Otheers of the Company who in los opinion ought to attend the first meetings of creditors and contributories seven days’ notice of the time and place appomnted for cach meeting The notice may either be delivered personally or seat by prepaid post letter, as may be conventent, Tt shall be the duty of every Director or Olheer who receives notice of such meeting to attend itso required by the Otheial Receiver, and ibany such Director or Otheer fads to attend the Other! Receiver shall report such failure te the Court 126 (2).) List of Creditors (a) to be used at every Mecting. Mectings dav of Con- Amounr oF PROOF (5). secutive Number Droxie. 7 Votal oumber ot creditors (a) pre. Companies. [Ch. 31. No. I. 067 No. 69. (Rule 110.) Notice of Meeting |Gencral Form). (Ttéle. Take notice that a meeting of crediters (or contributories] in the above matter will be held at on the day of 19 , at o'clock in the noon, algenda. a) (Here (a) insert pur- Dated this day of 19 pose for (Signed) (6) which meet- Forms of general and special proxic. enclosed herewith. Proxies to be used Kk called. | at the meeting must be lodged with at not later than ib) Liqui- o'clock on the day of 190 dator " or * Ofticial . Keceiver,” No. (Rule tit.) oras the case Affidavit of Postage of Notices of Mecting. may he. See . Rule 110. Ville . L, a (a) make oath and si follows. (a) State the . description VoUhat To did) on the day of 10, send to each creditor of the mentioned in the Company's statement of atiairs jer to cach contributory mentioned deponent. in the register of members of the Company a notice of the time and place of the (+) (6) Insert inthe form hereunto annexed marked \. here “ yener- 2. That the notices for creditors were addressed to the said creditors respectively al or according to their respective names and addresses appearing in the statement of adjourned aflairs of the Company of the last known addresses of such creditors. ueneral or 3. That the notices for contributories were addressed to the contributories lst ° respectively according to their respective names and registered o7 last known meoting of addresses appearing i the register of the Company. eredilors [or 4 That T sent the said notices by putting the same prepaid into the post office contribu h at before the hour of o'clock in the noon on the said day tories as the . . ase may be). Sworn, etc . (a) Each . creditor No. 7t 0 (Rule (11) mentioned in Certificates of Postage of Notices (General. the state- : ; ment of Tithe.| aflai : affairs, or l, a clerk in the of the Olhcial Receiver, hereby certify: each contri- 1 Vhat bt chd ons the day of . 19 send to (a) , a butory men notice of the time and place of the fitst meeting, or (b) in the form hereunto tioned in the annexed marked “A.” Register of Members of Paragraph 2, 3 and 4 as uw last preceding form. . the Company Dated this day of 19 si oy as the case ignature. may be. 1b) ** A gene- No. 72. (Rule 114.) ral mecting " Authority to Deputy to act as Chairman of Meeting and use or adjourn- Proxies. ed general . meeting,” oF \Fitle.| as the case l, the Ofhcial Receiver of do hereby nominate Mr. of may be. to be chairman of the meeting of creditors {or contributories] in the above matter, appointed to be held at on the day of 19 ,andt (9) Here depute him (a) to attend such meeting and use, on my behalf, any proxy or *sert “ Be- proxies held by me in this matter ing & person Dated this day of ww my em ployment or under my official control.” Officsal Receswver. 668 (a) ‘* First, ov as the case may be. b) Insert * creditors or * contri butories,"" as the case may be. ic) Llere state reasons for adjourn. ment. (a) Tere stale whether clerk of manager uw the regular employment ot the credi- for of con- tnibutory or a Commis stoner of Athdavats, Ch. 31. No. 1., Companies. 118} Memorandum of Adjournment of Meeting. iT: Before o'clock at on the dav of 19 at Memorandum.-- The (a) Meeting of (/) in the above matter was held at the time and place above mentioned; but it appearing that (c) the meeting was adjourned until the day of 9 at o'clock im the noon, then to be held at the same place. Chawmana No. 74 (Rules 128 and 135) General Proxy. 1, We, ot acrecditor or contmbutory), hereby appoimt (1) to be myyour general proxy to vote at the Meeting of Creditors (or Contributories) to be held in the above matter on the day of 19 or at any adjournment thereof Dated this day (Signed) (2) (ly Vhe person appomted general proxy may be the Other Receiver, the Laquidator, or such other person as the creditor jor contributory] may approve, and the proxy torm when sigucd must be lodged by the time and at the address named for that purpuse im the notice convening the meeting at which it is to be used. (2) Ita arm, sign the tirm’s trading title, and add by .1.4., a partner in the said hrm. ht the appomtor is a corporauion, then the Form of roxy must be under its Common Seal or under the hand of some otheer duly authorised in that behalf, and the fact that the otheer is so authorised must be stited thus: For the Comps (duly authorised under the seal of the Company). stancd by person other than Cres ior Contributory( filling up the abore Prosy lL. ol heme) a (a) hereby certify that all insertions un the above proxys are mnoimy own handwriting, and have been made by me at the request of the above-named and indus presence, before he attached his signature or mark, thereto. Dated this Signature Ina countary winding up ihe Liquidator or if there is no Ligutdator the chairman of a mectiig may but the Official Receiver may not be appointed proxy. The proxy form reall be altered accordingly. Compantes. (Ch. 31. No. 1. No. 75. (Rules 128 and 145.) Special Proxy. Pitle, We, ,ot ,acreditor ur contributory ,, hereby appoint (1) as my/our proxy at the meeting of creditors! or contributories] to be held on the day of » lo or at any adjournment thereof, to vote (a) the resolution numbered in the notice convening the mecting. Dated this day of 19 (Signed) (2) Notks, (1) The person appointed proxy may be the Official Recetwer, the Liquidator, ov such other person as the ereditor or contributery| may approve, and the proxy form when signed must be lodged by the time and at the address named for that purpose in the notice convening the meeting at which it is to be used. \V creditor Jor contributory] may give a special proxy to any person to vote at speerhed meeting or adjournment thereof on all or any of the following matters (a) For or against the appointment or continuance in oflice of person as liquidator or as member of the commiltee of inspection (4) On all questions relating to any matter, other than those above arising at a specified meeting or adjournment thereof. (2) [fa tirm, sign the Arnis trading title, and add by 4.4., a partier in the said firm.” Tf the appeintor is a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorised im that behalf, and the fact that he is so authorised must be so stated. to be signed by person other than Creditor or Contributory filling up above Proxy. 1, ,0 » being a (b) hereby certify that all isertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence before he attached his signature or mark] thereto. Dated this 19 Signature inavoluntary winding up the Liquidator or tf there is no Liquidator the chairman of a meeting may but the Official Receiver may not be appointed provy. Phe provy form will be altered accordingly, No. 70, (Rule 150.) Applicution to Court to authorise a Bank Account. [Title.] We, the comnuttee of inspection, being of opinion that Mr. , ol ’ the hiquidator in the above matter, should have a bank account for the purpose of (a) hereby apply to the Court to authorise him to make his pavments into and out of the bank, All cheques to be countersigned by a member of the committee of inspection, and by for Dated this day of »>W oo, Committee of Inspection. 069 (a) Tere in- sert the word “ for or the word against " as the case mav require, and specify the particu lar resolu tion (b) Tere state whether clerk or manager ip the regular employment of the credi tor or con- tributory or a Commis- sioner of Atlidavits. (a) Here uisert grounds of application. 670 Ch. 31. No. 1.] Compante- No. (Rule 150.) Order of Court for Bank Account. (7 You are hereby authorised to make your payments in the above matter into, and out of, the bank. ‘Here ansest any spectal terms.) AW cheques to be countersigned by a member of the commil(tee of Iuspection, and by Dated this day Negestrar of the Supreme Cougt lo Taquidator No. (Rule tsa) Yertificate by Committee of Inspection as to Audit of Liquidator's Accounts, We, the undersigned, members of Che conmiltee of uispeetion un the winding up of the above-named Company, hereby certify that we have exammed the foregoing account with the vouchers, and that do the best of our knewledge and behel, the said account contams a fall, truce, and complete account of the hamdator’s receipts and and pavinents. Dated thas Commitee of Inspection. No. (Rule 54.) Affidavit verifying Liquidator’s Account under Scction 186. |Title.| | Hof the Liquidator of the above-named Company, make oath and sav That tthe account hereunto marked B contains a fidl and true account of my vecetpts and payments on the winding up of the above-named Company trom the day of 19) J ta the day of 19° J inclusive *tand that | have not, ner has any other person by my order or for my use, during such period received any Moneys on account of the sud Company tolher than and cvcept the ttoms mentioned and specified on the sasd accouné, | | \ *Note. 1f no receipts or payment strike ont the words in italic. Companies. (Ch. 31. No. 1. 671 No. 80. (Rule 155.) Liquidator's Trading Account under section 186. { Vtle.| Hf, the liquidator of the above-named company in account with the estate. Reeripts. DAVMENTS. Nate. $ | Date. | $ Ligqusdator (Date.) We have examimed this account with (he vouchers and find the same correct, and wea are of apnuon the expenditure has been proper. Dated) this dav of 19 Committee of Inspection oromember of the Commuilter of luspectiont, No. 8l Affidavit verifying Liquidator's Trading Account under Section 186. ( Petle.] I, » the liquidator of the above-named company, make oath and say that the account hereto annexed is a fall, true, and contiplete account: of all: money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the company, and that the sums paid by me as set out in such account have, as U believe, been necessarily expended in carrying on such trade or business. Sworn, ! squidator, No, (Rule Tol.) Request to deliver Bill for ‘Taxation. i L hereby request Chat you will, within days of this date, or such further time as the Court may allow, deliver to me for taxation by the Registrar of tho Supreme Court your bill of costs [er charges] as (a) failing which, LE shall, in’ (a) Hero pursuance of the Companies Ordinance and Rules proceed to declare and distribute state nature a dividend without regard to any claim which you may have against the assets of of employ- the Company, and your claim against the assets of Che Company will be liable to ment. be forfeited, Dated this day of ' sure of sheets. Form and contents of Statement Trading Account. Dividends, etc. Ch. 31. No. 1. Companies. No. 83. (Rule 106.) tertificate of Taxation. pPttle: Lohereby certify that J have taxed the bill of costs jer charges) jer expenses) of Mr. C.2). (here state capacity in which emploved or engaged) [where necessary add pursuant to an order of the Court dated the day of , 19 "7, and have allowed the same at the sum of dollars and cents [where necessary add “ which sum is to be paid to the said C.1). by as directed by the cid order Dated this Registrar of the Supreme Court. $ (Rules 17 [Wve (No registration This is the exhibit marked B fee pavable ) referred fo ain the atttdavit ol sworn before me this av oof 19 A Comanissiones of Agidautts.: Statement of Receipts and Payments and General Directions as to Statements. cen inches by (2) very statement: must contain a detailed account of all the liquidator’s realisations and disbursements in respect of the company. The statement of realisations should contain a record of all receipts derived from assets existing at the date of the winding up resolution and subsequently realised, including balance in bank, hook debts and calls collected, property sold, ete., and the account of disburse- ments should contain all payments for costs and charges, or to creditors, or coutributories, Where property has been realised, the gross proceeds of sale must be entered under realisations, and the necessary payments incidental to sales must be entered as disbursements. These accounts should not contain payments into Court (except unclaimed dividends see paragraph (5)) or payments into or out of bank, or Lomporary investments by the liquidator, or the proceeds of such investments when reahsed, which should be shown separately : (a) by means of the bank pass book ; (6) by a separate detailed statement of moneys mvested by the hquidator and investments realised, Interest allowed or charged by the bank, bank commission, etc., and prolit or loss upon the realisation of temporary investments, should, however, be inserted in the accounts of realisations or disbursements, as the case may be. Each receipt and payment must be entered in the account in such a manner as sufliciently to explain its nature. The receipts and payments must severally be added up at the foot of cach sheet, and the totals carried forward from one account to another without any intermediate balance, so that the gross totals shall represent the total amounts received and paid by the liquidator respectively. (3) When the liquidator carries on a business, a trading account must be forwarded asa distinct account, and the totals of receipts and payments on the trading account must alone be set out in the statement, (4) When dividends or instalments of compositions are paid to creditors, or a return of surplus assets is made to contributories, the total amount of each dividend, Companies iCh. 31. No. 1. ar instalment of composition, or return to contributoric:, actually paid, must be entered in the statement of disbursements as one sum; and the liquidator must forward separate accounts showing in lists the amount of the claims of cach creditor, and the amount of dividend or composition payable to each creditor, and of surplus assets payable to cach contributory, distinguishing in each list the dividends or instalments of composition and shares of surplus assets actually part and those remaining unclaimed. [ach list must be on paper thirteen inches by eight inches. (5) When unclaimed dividends, instalments of composition or returns of surplus assets are paid into Court, the total amount so paid in should be entered in the statement of disbursements as one sum. (6) Credit should not be taken in the stalement of disbursements for any amount im respect of liquidator’s remuneration unless it has been duly allowed by resolution of the Conunittce of Inspection or of the creditors or of the company in general meeting, or by order of the Court as the case may require. Liquidator’s Statement of Account. Pursuant to Section 269 of the Companies Ordinance. Name of Company Nature of proceedings whether a member's ov creditors’ voluntary winding up or awinding up under the supervision of the Court}. Date of commencement of winding up Date to which statement is brought down Name and address of liquidator This statement is required in duplicate, [TABLE 673 Companies. Ch. 31. No. 1., O74 ‘yunowy pavasop Wyss ‘SyUSUIDSINGSIGG JO AINJEN ‘pred won of “SLNAK ASH IEASIG “SONVNIGYGQ, SAINVAIKOD AHL AD G07 "AyWrT DAS OL “ASH. “pantiyMor—eQ INUOA JueMiep WANG JO UNGEN — "paataaar woyM JQ *a7eq “SNUTLVSITV AQ ‘ALVIS S,NOLVIAOIT Companies. [Ch. 31. No. 1. 675 Analysts of Balance. Total Realisations Disbursements Balance The Balance is made up as follows: 1. Cash in hands of liquidator 2. Total payments into Bank, including balance at date of commencement of winding up (as per Bank Rook) vee wee Total withdrawals from Ban Balance at Bank... Amount in Court 4+. Amounts invested by liquidator... Less Amounts realised from same Balance Total Balance as shown above $ [Note. -Full details of Stocks purchased for investment and realisation thereof should be given in a separate statement.] The investment or deposit of money by the liquidator does not withdraw it from the operation of scction 270 of the Companies Ordinance, and any such investments representing money held for six months or upwards must be realised and paid into Court, except in the case of investments in Government securities, the transfer of which to the control of the Official Receiver will be accepted as a sufficient compliance with the terms of the section. Note. The liquidator should also state— (Assets (after deducting amounts (t) The amount of the esti- | charged to secured creditors and mated assets and Habilities at J debenture holders) § the date of the commencement of the winding up. Secured creditors $ Liabilities Debenture holders... $ Unsecured creditors § Paid up in cash $ Issued as paid up otherwise than for cash s (2) The total amount of the capital paid up at the date of the commencement of the wind- ing up. and cstimated value of out- standing assets (if any). (4) The causes which sng (3) The general ot ut} the termination of the winding up. (5) The period within which) the winding up may probably } be completed. f 43 (2) 676 Insert here the name of the Com- pany. Insert here the name of the Liquic Ch. 31. No. 1.; Compantes. No. 85. (Rules 171, 172, and 175.) Affidavit verifying Statement of Liquidator's Account under section 269. (No registration fee charged.) Namie of Company. | 1, , of the liquidator of the above-named Company, make oath and say: That "the account hereunto annexed marked B, contains a full and truc account of my receipts and payments in the winding up of the above-named Company, from the day of , 19 to the day of , 19 inclusive, *and that | have not, nor has any other person by my order or for my use during such period, received or paid any moneys on account of the said Company, *other than and except the items mentioned and specificd in the said account, 1 further say that the particulars given in the annexed Form 84, marked B, with Tespect tu the proceedings in and position of the liquidation, are true to the best of my knowledge and belief. Sworn at } No -—If no receipts or payments, strike out the words in italics. The affidavit is sof required in Duplicate, but it must in every case be accompanied bv a statement on Form 84 in duplicate. No, 86, (Rules 171, 175.) Liquidator’s Trading Account under section 269. Name of Company. the Liquidator of the above-named Company in account with the E. Necount is required in Duplicate in addition to Form No. (Ch. 31. No. 1. 677 Companies. aeq “sopmpinbyT ¢ 1e01, $ TeI0L -areq 27" 4) ‘SLNAK. ‘Sld1d9ayY “4d ‘panuijuor—og ITO 678. Ch. 31. No. 1.] Companies. No. 87. (Rules 171 and 175.) List of Dividends or Composition. [Name of Company.] I hereby certify that a Dividend (or Composition) of in the Dollar was declared payable on and alter the day of 19 , and that the Creditors whose names are set forth below are entitled to the amounts set opposite their respective names, and have been paid such amounts except in the cases specified as unclaimed. Dated the day of 19 Liquidator. To the Registrar. Amount of Dividend (or : |} espe ces - Amount of Composition). Surname. Christian Ni Proof. ns Paid. Unclaimed. Lo Total § | | This List is required in duplicate. Companies. {Ch. 31. No. 1. 679 No. 88. (Rules 171 and 175.) List of Amounts Paid or Payable to Contributories. Name of Company. P hereby certify that a return of surplus assets was declared payable to Contribu- tories on and after the day of 19. at the rate of per Share, and that the Contributories whose names are set forth below are entitled to the \mounts set opposite their respective names, and have been paid such amounts except in the cases specified as unclaimed. Dated the dlay of Registrar. Amount returnec on Share. Christian Ni Paid. Unclaimed. $ $ This List is required in duplicc 680 ya) Nah NCCENSATY , “That the right of the conti butories between themselve. have been adypusted.” Ch. 31. No. 1.] Com pantie. No. 89 (Rule 174.) Affidavit verifying Account of Unclaimed and Undistributed Funds. [Titles| I. of make oath and say that the particulars entered ino the statement hereunte annexed, marked A, are correct, and truly set forth all money momy hands or under my control, representing unclaimed or undistributed assets of the above company, and that the amount due by me in respect of unclaimed dividends and undistributed funds is § Signature, No. (Rule 179) Notice to Greditors and Contributories of intention to apply for Release. Title, Take notice that J, the undersigned liquidator of the above-named Company. intend to apply to the Ofhcial Receiver for my release, and further take notice that any objection you may have to the granting of my release must be notified to the Official Receiver within twenty-one days of the date hereof. A summary of all receipts and payments on the winding up is hereta ic xed. Dated this day of 1a 1 tquidator Note Subsection (3) of section ESS of the Conipames Ordinance, enacts that An order of the Omecial Reeciver releasing the liquidator shall discharge him from all hability in respect of any act done or default made by him in the administration of the allatrs of the Company, or otherwise in relation to his conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any muaterial fact. (Rule 179.) Application by Liquidator to the Officlal Receiver for Release. litle, L. the liquidator report to the Oticnal KRecewer as follows: 1 That the whole of the property of the Company has been realised for the benetit of the creditors and contributories and a dividend lo the amount of in the dollar has been paid as shown by the statement hereunto annexed, and a return of per share has been made to the contributories of the Company? ; vr Vhat so much of the property of the Company as can, according to the joint opinion of myself and the comniittee of inspection, hereunto annexed, in writing under our hands, be realised, without needlessly protracting the liquidation, has been realised as shown by the statement hereunto annexed, and a dividend to the amount of has been paid, together with a return of pet share to the contributories of the Company; (a) 2. 1 therefore request the Ofheial Receiver toc prepared, and to grant me a certificate of release, Dated this q Ltgnetdatos. Companies. [Ch. 31. No. 1. 081 No. 92. (Rule 179.) Statement to accompany Notice of Application for Release. (Title.} Statement showing position of Company at date of application for release. Dr. Cr. Estimated | Receipts. Payments. to produce |—-——--- -- as per 8 Wy Oficial Receiver and Court Fees 8 company’s (including Stationery, Printing, and statement Postages in respect of Coutributories, of affairs. Creditors, and Debtors, and fce for - audit) $ Ve total receipts from date 3 of winding up Order, Law costs of petition vig.: Law costs of Solicitor (State particulars under to Liquidator the several headings Other Law costs Specified in the State- ment of Affairs.) Receipts per trading I accounts Liquidator’s renmneration, viz.: Other receipts | $ percent. on & assets realised percent. on § assets distributed in dividend $ ee HAs! | Shorthand writer's charges Payments | Special Manager's charges securities Persons appointed to assist in prepara Costs of execution tion of Statement of Affairs Payments per trading Auctioneer's charges as taxed i account : Other Laxed costs oo ae : Costs of possession and maioten: af estate wee nee wee Costs of notices in Gaselfe anc al t Papers ... t Incidental outlay Net realis. 8 | Total costs and charges 3 Amounts received from calls on contri- butories made in the winding up 3 \ Assets not yet realised, including calls, " Creditors, vit {a) Vreterential (a) State (a) nercured dividend number of the § creditor The estimate of amount cipected to rank for dirtdend was $ Amount retarnec contributaries estimated to produce $ (Add here any special remarks the liquidator thinks desirable.) ; Creditors can obtain any further information by inquiry at the office of the liquidator. Dated this day of 19 Address. Liquidator. OS. Ch. 31. No. 1.| Companies, No. 93. (Rule 186.) Register of Winding up Orders to be kept in the Court. Number of | Number Date Date of Dates of Public Winding up of of Winding up | Examinations | Liquidator. Order. Petition. Petition. Order. ' (if any). No, Iso.) Register of Petitions to be kept in the Court. No. XN. Address of Date Date of of Registered of Winding up Vetiuion, Othice. Petition, Order. Companies. [Ch. 31. No. 1. No. 05. (Rule 187.) Notices for Noval Gaz (lt) Notick oF WINDING UP ORDER. (Rule 34 (1) (e).) Name of Company . Address of Registered Olice Number of Matter Date of Order Date of Presentation of Vetition* \* Where it is known that a voluntary winding up preceded the presentation of the Petition, the date of the resolution for voluntary winding up should also be given.] (2) Novice First Mrretings. (Rule 103.) Name of Company . Address of Registered Oftice Number of Matter . Creditors, Date Hour Place Con- tributories, Date Hour Dlace (3) No oF Day Arrotstrp FoR Punite EXAMINATION, (Rule 50.) Name of Company Address of Registered Office . Number of Matter Date fixed for Examination Names of Persons to be EO amined Tlour Vlace (4) Notice INTENDED DIVIDEND, (Rule 100 (1).) Name of Company Address of Registered Oltice Number of Matter Last for Receiving Proofs Ni of Liquidator Address (5) Notick Divipkxp, (Rule 100 (3),) Name of Company Address of Registered Odice Number of Matter Amount per dollar First and Final or otherwise When ps Where pavi (6) Notice RETURN TO CONTRIRUTORIES, (Rule 101.) Name of Company Address of Registered Oflice Number of Matter Amount per Share First and Final or otherwise When pay Where payable (7) Nottck APPOINTMEN I Liagvinator, (Rule 43 (5),) Name of Company Address of Registered Office Number of Matter Liquidater’s | Name Address Date of Appointment (8) Nottck Kimov LIQuiparor, (Rule 43 (7).) Name of Company Address of Registered Office Number of Matter . Liquidator’s Name Liquidator’s Addre. Date of Removal (9) Notick or Re LiQuipaTor, (Rule 179.) Name of Company . Address of Registered Oftice Number of Matter Liquidater’s Name . Liquidator’s Addre. Date of Release 683 684 Ch. 31. No. 1.; Conipanies. No. 96. (Rule 188.) Memorandum of Advertisement or Gazetting. [Title.] —_— _ ~————-—_—- Name of Paper. Date of Issue. | Date of Filing. | Nature of Order, etc. (Signed) THIRTEENTH SCHEDULE. Rules in regard to Certified Copies and Certified Translations required under Part X. of this Ordinance, and as to General Forms. 1. In regard to certified copies and certified translations of documents required by Part X. of the Companies Ordinance to be filed with the Registrar, the following rules shall apply :— (1) A certified copy of the charter, statutes or memorandum and articles of association, or other instrument constituting or defining the constitution of the company, in the case of a company incorporated in a foreign country, required to be filed with the Registrar under Part X. shall be deemed to be certified as a true copy if in such foreign country it is— (a) duly certified as a true copy by an official of the Government to whose custody the original is committed, the signature or seal of such official being authenticated by any of the following British officials, that is to say:—Ambassador, Envoy, Minister, Charge d’Affaires, Secretary of Embassy or Legation, Consul-General, Consul, Vice-Consul, Acting Consul, Pro-Consul and Consular-General; or (6) duly certified as a true copy by a notary of such foreign country, the certificate of the notary being authenticated by any of the British officials mentioned in paragraph (a) above; or (c) duly certified as a true copy on oath by some officer of the company before a person having authority to administer an oath in such foreign country, the status of the person administering the oath being authenticated by any of the British officials mentioned in paragraph (a) above. (2) A certified copy of the charter, statutes or memorandum and articles of association, or other instrument constituting or defining the constitution of a company, in the case of a company incorporated in the United Kingdom, the Channel Islands, the Isle of Man, or in any Colony within the meaning of subsection (4) of section 103 of the Companies Ordinance, other than this Colony, required to be filed with the Registrar Companies. (Ch. 31, No. 1. under Part X. aforesaid shall be deemed to be certified as a true copy if in such place it is— (a) duly certified as a true copy by an official of the Government to whose custody the original is committed; or (o) duly certified as a true copy by a Notary Public in any such place; or (c) duly certified as a true copy on oath by some officer of the company before some person having authority to administer an oath in such place. (3) In the case of a company in which the charter, statutes, or memorandum and articles of association, or other instrument constituting or defining the constitution of the company is not written in the English language, a certified translation thereof required to be filed with the Registrar shall be deemed to be certified as a correct translation if certified to be a correct translation :— (a) when such translation is made out of this Colony, by (i) an official having custody of the original; or (ii) a Notary Public of the country or place where the company is incorporated, the signature or seal of the person so certifying where the company is incorporated in a foreign country being authenticated in either case by any of the British officials mentioned in paragraph (a) of rule (1) above; (2) where such translation is made within this Colony, by (i) a Notary Public in the Colony; or (ii) a Solicitor of the Supreme Court in the Colony. (4) The Registrar may in any particular case, if he thinks fit to do so and upon such conditions as he thinks fit, permit certified copies or translations though not certified in accordance with the above require- ments to be filed with him. 2. A copy of the instrument by which a charge is created or evidenced to be delivered to the Registrar under the provisions of subsection (3) of section 79 and subsection (1) of section 81 of the Companies Ordinance shall be verified or certified to be a true copy under the seal of the company, -or under the hand of some person interested therein otherwise than on behalf of the company. 3. (1) The forms set out in the Appendix hereto shall be used for the purposes of the Companies Ordinance and the particulars contained therein are hereby prescribed as the particulars required under the Companies Ordinance. (2) All documents required to be filed with the Registrar under the Companies Ordinance or any rules made thereunder shall be original and not carbon copies and shall except where otherwise provided be written or printed or partly written and partly printed on paper of the size of thirteen inches in length and eight inches in breadth, and must have a stitching margin: Provided however that the Registrar may in his discretion accept documents which are not of such size in the case of companies to which Part X. of the Companies Ordinance applies. 685 Verified or certified copy of charge under sec- tions 79 and 81. l‘orms. O86 Ch. 31. No. 1. Companies. (XIU APPENDIX. Sehedule. : Form No, 1. TILE COMPANIES ORDINANCE. Notice of Situation of Registered Office or of any change therein. Parsi Name of Company Presented by Notice of the Situation o istered Oilic + any change To the Registrar. Comp: hereby gives vou notice, in accordance with Section 92 Companie, that the Registered Olece of the Company is situated (Signature) oy Manager Form No, THE COMPANTES ORDINANCE, Annual Return of a Company not having a Share Capital. ant to sections 107 and tos, Return of made up to the 9 (being the date of the first or Meeting in ba \. 1 Address of the registered 2. Total amount of the indebtedac. of all mortgage and charges of the kind which requires Registrar under the Companies Ordinance $ Particulars of the Directors (a) of The present Any former Christian Name Christian or Name, Name or and Names ame ()), Surname. Companies. (Ch. 31. No.1 (a) Director includes any person who occupies the position of a Director by whatever name called, and any person in accordance with whose directions or instructions the Directors of a Company are accustomed to act. (®) In the case of a Corporation its corporate name and registered or principal office should be shown. (c) In the case ofan individual who has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorships must be entered. (d) This return must include a written copy of the last aulited| Balance Sheet of the company as provided in subsection (3) of section 108, Form No, 3, THE COMPANIES ORDINANCE. Particulars of Directors or Managers and of any changes therein. Pursuant to section 142. Name of Company sented by ‘articulars of the Directors or Managers (a) of Company. and of any changes therein. t ; Nation- | Other ' ality of business Any former | origin | occupa- Christian Nation- | (if other Usual tion or Changes name or | ality. | thanthe Residential — Director- (d). names or present Address. | shipsif Surname. Nation- any. ality.) tf none | | State so (c). i | | | | | | | (Signature) State whether Director | Manager or Secretary, Dated the day of , 19 (a) Director includes any person who occupies the position of a Director by whatever name called, and any person in accordance with whose directions or instructions the Directors of a Company are accustomed to act. (b) In the case of a Corporation its corporate name and registered or principal office should be shown. (c) In the case of an individual who has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorships must be entered. (4) \ complete list of the Directors or Managers shown as existing in the last Particulars delivered should always be given. A note of the changes since the last List should be made in this column, ¢e.g., by placing against a new director's name the worls in the place of--,”" and by writing against any former director's name the words — dead," “ resigned,”’ or as the case may be. O87 O88 Ch. 31. No. 1. ( ompanties. Form No, 4. THE COMPANIES ORDINANCE, Notice of Increase in Nominal Capital. Pursuant to section 54, Ni al Company Presented bv ‘o the Registrar. Compa hereby gives vou native pursuant to section 54 of the Companies Ordini (a) Resolution of the Company dated the dav of the nominal Capital of the Company has been increased by the of the sum of § bevond the registered Capital of § The . Nominal ? Number o omunal Amount of each Share. The conditions (e.g , voting rights, dividends, ete ) subject to which the new Shares Nave been or are to be issued are as follows: -- lf of the Sharcs are Pacterence Share, whether they are vedcemahle (Signature) Mecctor ov Manager 19 Fok aM No. COAMLPANTES ORDINANCE, Notice of Tnerease in Number of Members. Number of Members of Reristrar Companys, hereby cives you notice, pursuant to subscetion (3) af seetion ol the Compames Ordinance, that by (a) Resolution of the Company dated the day of 19, the mumber of Members in the Company has been increased by the addition thereto of Members beyond the present registered: Number of (Signature) whether Director or Manager 19 Companies. [Ch. 31. No. 1. 689 Form No. 6. THE COMPANIES ORDINANCE. Consent to take the Name of an existing Company. Pursuant to section 19. Name of Company Presented by Consent to take the Name of an existing Company. To the Registrar. I [er We] of being the Liquidator/[s] of » Limited a Company in the course of being dissolved, hereby, pursuant to section 19 of the Companies Ordinance, and on behalf of the said Company, testify its consent to the Registration of a new Company by the name of (Signature) (a) Dated the day of 19 (a) To be signed by each Liquidator if more than one. Form No. 7. THE COMPANIES ORDINANCE. Mempers' VotuntTary WInbinG Ur. Return of Final Winding Up Meeting. Pursuant to section 224. Name of Company Presented by Members’ Voluntary Winding Up. To the Registrar. I [or We] of being the Liquidator[s] of Company, have to inform you that a General Meeting of the Company was duly (a) __held on the day of ,19 — , pursuant to section 224 of the summoned for . Companies Ordinance, for the purpose of having an Account (of which a copy is attached hereto) (b) laid before it showing how the Winding: Up of the Company has been conducted, and the Property of the Company has been disposed of, and that (a) the same wag done accordingly. no quorum was present at the Mecting. (Signature) (c) Dated the day of , 19 (a) Strike out that which does not apply. (b) The Copy account accompanying this Return must be authenticated by the written signature(s] of the Liquidator{s}]. (c) To be signed by cach Liquidator if more than one. Form No. 8. THE COMPANIES ORDINANCE. CreDiTors’ VOLUNTARY WINDING Up. Return of the Final Winding Up Meetings of Members and Creditors. Pursuant to section 233. Name of Company Presented by Creditors’ Voluntary Winding Up. T.—IV. 44 690 Ch. 31. No. 1.] Companies. —a To the Registrar of Companies, 1 for We] of being the Liquidator{s] of Company, have to inform you held on the summoned for day of , 19, pursuant to section 233 of the Companics Ordinance, for the purpose of having an Account (of which a copy is attached hereto) (6) laid before it showing how the winding up of the Company has been conducted and the Property of the Company has been disposed of, and that a the same was done accordingly; seneral Meeting of this Company was duly (a) no quorum was present at the Meeting; (2) that a Mecting of the Creditors of this Comyx ‘as duly (a) held on summoned for the day of ,19 , pursuant to section 233 of the Companies Ord- inance, for the purpose of having the said Account laid before it showing how the Winding Up of the company has been conducted and the Property of the Com- pany has been disposed of, and that) (a) the same was done accordingly. -.— no quorum was present at the Mecting. (Signature) (c) Dated the day of 19 (a) Strike out that which does not apply. (b) The Copy account accompanying this Return must be authenticated by the writen signature!s] of the Liquidator[s}. (c) To be signed by each Liquidator if more than one, Form No. TIVE COMPANTES ORDINANCE. Notice of Consolidation, Division, Sub-Division, or Conversion into Stock of Shares, specifying the Shares so Consolidated, Divided, Sub- Divided, or Converted into Stock, or of the Re-Conversion into Shares of Stock, specifying the Stock so re-converted, or of the Redemption of Redeemable Preference Shares or of the Cancellation of Shares (otherwise than in connection with a reduction of share capital under section 57 of the Companies Ordimance). Pursuant to section 53, Name of Company Presented by Yo the Registrar. Company, Limited, hereby give you notice that in accordance with section 53 of the Companies Ordinance that (Signature) | State tehether Divector or Manager or Scerctary| Dated the day of 19 orm No. 10, THE COMPANIES ORDINANCE, Notice of the Situation of the Office where a Branch Register is kept or of any change in, or discontinuance of, any such office. Pursuant to section 103. Name of Company Dresented by To the Registrar. Company, hereby gives you Notice in accordance with section 103 Companies. [Ch. 31. No. 1. of the Companics Ordinance, and by the authority of («) that a ranch Register is now kept at (b) (Signature) [State whether Director or Manager or Secretary) Dated the day of ,19 (a) E.g. ‘a special Resolution of the Company, duly passed on the day 19 “or * Clause of (he Company's Articles of Association. (6) In cases of change the words “in licu of " and the previous address should be auserted after the present address. In cases of discontinuance strike out the words is new kept and insert the words ‘Cis discontinued " after the address, of Form No. Ut. THE COMPANIES ORDINANCE, Winpvine Ur py tie Court. Notlee of appointment of Liquidator. Pursuant to section 178, Ni of Company ‘sented by ‘o the Registrar. I Jor We] of hereby give you Notice that, by an Order dated the day of 219, TF ler we] have been appointed Ciquidatoris| of Company, Limited. (Signature) (a) Dated the day of 19 fa) To be signed by cach Liquidator if more than one, Form No, 12. THE COMPANIES ORDINANCE, Memnuns’ VoLuntary WINDING Ur, Declaration of Solvency. Tursuant to section 218, Name of Company Presented by Declaration of Solvency. We of being (a) Directors of Company, Limited, «lo solemnly and sincerely declare that we have made a full enquiry into the affairs of this Company, and that, having so done, we have formed the opinion that this Company will be able to pay its debts in full within a period, not exceeding twelve months, from the commencement of the winding up, And we make this solemn Declaration, conscientiously believing the same to be truce, and by virtue of the provisions of the Statutory Declarations Ordinance. Declared at the day of one thousand nine hundred and before me. A Commissioner for Oaths (b). {a) “all the" or “ the majority of the,” as the case may be. (6) Or Notary Public or Justice of the Peace. . 44 (2) 691 692 Ch. 31. No. 1.] Companies. Form No. 13. THE COMPANIES ORDINANCE. MEMBERS’ VOLUNTARY WINDING UP. Notice of Appointment of Liquidator Pursuant to section 238. Name of Company Presented by Members’ Voluntary Winding Up. To the Registrar. L [or We] of hereby give you notice that I lor We} have been appointed Liquidatorjs} of Company, Limited, by (@) Resolution of the Company, dated the day of 19 (Signature) (b) Dated the day of 19 (a) State how appointed, whether by Resolution of the Company, or how otherwise, and adapt if necessary. (6) To be signed by cach Liquidator if more than one. Form No. 14. THE COMPANIES ORDINANCE. CREvITORS’ VOLUNTARY WINDING UP. Notice of Appointment of Liquidator. Pursuant to section 238. Name of Company Tresented by Creditors’ Voluntary Winding Up. To the Registrar. L for We] of hereby give notice that I [or We] have been appointed Liquidator{s} of Company, Limited, by (a) (Signature) (5) Dated the day of ,19 (a) State how appointed, whether by the Creditors of the Company or how otherwise. (b) To be signed by cach Liquidator if more than one. Form No. 15. THE COMPANIES ORDINANCE. Declaration of Compliance with the requirements of the Companies Ordinance, on application for registration of a Company. Pursuant to section 17 (2). Name of Company Presented by 1 of > of Do solemnly and sincerely declare that I am (a) Limited, and that all the requirements of the Companies Ordinance, in respect of mattcrs precedent to the registration of the said Company and incidental thereto have been complied with, And | make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of the ‘‘ Statutory Declarations Ordinance.” Companies. [Ch. 31. No. 1. 693 Declared at the day of one thousand nine hundred and before me. A Commissioner for Oaths (b). (a) -A Solicitor of the Supreme Court,’’ engaged in the formation,” or "A person named in the Articles of Association as a Director or Secretary.” (b) Or Notary Public or Justice of the Peace. Form No. 16. THE COMPANIES ORDINANCE. Consent to act as Director of a Company. Pursuant to section 138 (1) (a). Name of Company Presented by To the Registrar. I [or We], the undersigned, hereby testify my or our consent to act as director of Limited, pursuant to subsection (1) (a) of section 138 of the Companics Ordinance. Signature (a). Address. Description. Dated the day of 19 (a) 1€ a director signs by “ his agent, authorised in writing,"’ the authority must be produced. Form No. 17. THE COMPANIES ORDINANCE. List of the Persons who have consented to be Directors of a Company. Pursuant to section 138 (3). Name of Company Presented by List of the persons who have consented to be Directors of Limited, delivered to the Registrar, pursuant to subsection (3) of section 138 of the Companies Ordinance, by of the Applicant[s] for Registration of the Memo- randum and Articles of the Company. Surname. Christian Name. Address and Description. (Signature of Applicant(s)) - Dated the day of ,19 694 Ch. 31. No. 1.] Companies. Form No. 18. THE COMPANIES ORDINANCE. Declaration that the Conditions of section 94 (1) (a) and (b) of the Companies Ordinance, have been complied with. Pursuant to section 94 (1) (c). [To be used by a Company which issued a Prospectus on or with reference to its formation.] Name of Company Presented by I, of being (a) of Limited, do solemnly and sincerely declare: That the amount of the share capital of the Company offered to the public for subscription is $ That the amount stated in the prospectus as the minimum amount which, in the opinion of the directors must be raised by the issue of share capital in order to provide for the matters specified in paragraph 5 in Part I. of the Fourth Schedule to the Companies Ordinance, is $ That shares held subject to the payment of the whole amount thereof in cash have been allotted to the amount of $ That every director of the Company has paid to the Company on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash, a proportion equal to the proportion payable on application and allotment on the shares offered for public subscription. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Ordinance. Declared at the day of one thousand nine hundred and before me, J A Commissioner for Oaths (5). (a) ‘‘ the Secretary,” or ‘a Director.” (6) or Notary Public or Justice of the Peace. Form No. 19. THE COMPANIES ORDINANCE. Declaration that the provisions of section 94 (2) (b) of the Companies Ordinance, have been complied with. Pursuant to Section 94 (2) (c). {T she used by a Company which has delivered to the Registrar a Statement in lieu of prospectus.] ame of Company Presented by I of being (a) of Limited, do solemnly and sincerely declare:— That every Director of the Company has paid to the Company on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash, a proportion equal to the proportion payable on application and allotment on the shares payable in cash. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Ordinance. Declared at the day of one thousand nine hundred and before me, A Commissioner for Oaths (8). (a) ‘ The Secretary,” or “a Director.” (4) or Notary Public or Justice of the Peace. Companies. [Ch. 31. No. 1. 695 Form No. 20. THE COMPANIES ORDINANCE. Return of Allotments. From the (a) of , 19 to the of , 19 Name of Company Pursuant to Section 44 (1). (b) Number of the Shares allotted payable in cash Number of the Shares allotted payable in cash Nominal amount of the Shares so allotted Nominal amount of the Shares so allotted Amount paid or due and payable on each such Share Amount paid or due and payable on each such Share Number of Shares allotted for a consideration other than cash Nominal amount of the Shares so allotted Amount to be treated as paid on each such Share The consideration for which such Shares have been allotted is as follows:— (a) 1. When a return includes several Allotments made on different dates, the dates of only the first and the last of such Allotments should be entered at the top of the front page, and the registration of the return should be effected within one month of the first date. 2. When a return relates to one Allotment only, made on one particular date, that date only should be inserted, and the spaces for the second date struck out and the word “‘ made ”’ substituted for th: word “ from ’’ after the word ‘‘ Allotments.” (6) Distinguish between Preference, Ordinary, Redeemable Preference, etc. Presented by NAMES, ADDRESSES, AND DESCRIPTION OF THE ALLOTTEES. + gs Number of Shares allotted. Surmmame. Christian Address. | Description. Preference.| Ordinary. | Other kinds. (Signature) [State whether Director or Manager or Secretary] 696 Ch. 31. No. i] Companies. Name of Company Presented by Particulars of a Mortgage or Charge created by (1) Date and description of the instrument creating or evidencing the Mortgage or Charge, (a) and registered number (if registered). Dated the Amount secured by the Mortgage or Charge. day of Form No. 21. THE COMPANIES ORDINANCE. Particulars of a Mortgage or Charge created by a Company Pursuant to section 79. Short particulars of the Property Mortgaged or charged. 19 (4) Names, Address and Descriptions of the Mortgagees or Versons entitled to the Charge. Registered in the Colony. , Limited. (5) Amount or rate per cent. of the Commission, Allowance or Discount (if any) paid or made cither directly or in- directly by the Company to any person in consideration of his subscribing or agree- ing to subscribe, whether absolutely, or conditionally, or procuring or agreeing to procure subscriptions, whe- ther absolute or conditional, for any of the Debentures included in this Return (6). (Signature) [Designation of position in relation to the Company] (a) A description of the Instrument, e.g. ‘‘ Trust Deed,’’ ‘‘ Mortgage,” ‘“‘ Deben- ture,” etc., as the case may be, should be given. (5) The rate of interest payable under the terms of the Debentures should not be entered. Companies. [Ch. 31. No. 1. 697 Form No. 22. THE COMPANIES ORDINANCE, Particulars of a Series of Debentures containing, or giving by reference to any other Instrument, any Charge, to the benefit of which the debenture holders of the said series are entitled pari passu created by a Company, Pursuant to section 79. Name of Company [This form (No. 22) is to be used for registration of Particulars of the entire series. When more than one issue of Debentures in the series 1s made, Particulars of each issue subsequent fo the first should be sent to the Registrar on Form No. 24.) Presented by Particulars of a Series of Debentures created by , Limited. I (1) (2) (3) (4) (5) (6) (7) Amount or rate per cent. of the Commission, Allowance or Dis- Date of the Cover- mee : mat | ing Deed (if any) by Names | iter directly of indirectly by Total | Amount] pecojy. | which the security | General | of the | the Company to an yey amount] of the tions is created or de- | Descrip- | Trustees ¢ aeretion of hie ee eeibe secured | present authoris- | 2¢d; or, if there is | tion of | (if any) ronsidera eeing to subscribe by the | i ing the | 2° such Deed, the the for the id the a Ietel or condi- whole ene date of the first | Property| Deben- ui ele, al So eeuria or series, of the | cxecution of any | charged. ture ing. to procure subscriptions, series. Debenture of the holders. | Whether absolute or condition- ° al, for any of the Debenture included in this Return. (a) | | \ (Signature) [Designation of position in relation to the Company] Dated the day of , 19 (a) The rate of interest payable under the terms of the Debentures should not be entered. 698 Ch. 31. No. 1.] Companies. Form No. 23. THE COMPANIES ORDINANCE. Particulars of a Mortgage or Charge subject to which property has been acquired by a Company. Pursuant to section 81. Name of Company Presented by Particulars of a Mortgage or Charge subject to which property has been acquired by , Limited. (1) (2) (3) (4) (5) Date and description of Date Amount Short Names, Addresses the instrument of the owing on particulars of of the Mortea ees creating or acquisition | security of the Property or P. ersene evidencing the of the the Mortgage | Mortgaged or entitled to the Mortgage or Property. or Charge. charged. Charge Charge (a). Be. (Signature) [Designation of position in relation to the Company] Dated the day of ,19 (a) A description of the Instrument, ¢.g., ‘‘ Trust Deed,’’ ‘“‘ Mortgage,”’ “‘ Deben- ture,"’ etc., as the case may be, should be given. A copy of the Instrument, certified as prescribed in the XIII. Schedule, must be delivered with these Particulars. Form No, 24. THE COMPANIES ORDINANCE. Particulars of an issue of Debentures in a series by a Company. Pursuant to section 79 (7). Name of Company [For registration of the entire series Form No. 22 must be used.) Presented by Companies. [Ch. 31. No. 1. 699 Particulars of an Issue of Debentures in a Series when more than one issue in the Series is made by , Limited. (1) (2) (3) Particulars as to the amount or rate per cent. of the commission, allowance, or discount (if any) paid, or made, either directly, or indirectly, by the Date of Amount of Company, to any person in consideration of his present issue. | present issue. | subscribing or agreeing to subscribe, whether absolutely or conditionally, or procuring or agree- ing to procure subscriptions, whether absolute or conditional, for any of the Debentures included in this Return (a). (Signature) [Designation of position in relation to the Company.]} Dated the day of , 19 (a) The rate of interest payable under the terms of the Debentures should xoé be entered. Form No. 25. THE COMPANIES ORDINANCE. Declaration verifying Memorandum of Satisfaction of Mortgage or Charge. Pursuant to section 84. Name of Company Presented by We, of a Director of , Limited and of the Secretary thereof do solemnly and sincerely declare that the particulars contained in the Memorandum of Satisfaction annexed hereto and dated the day of , 19 _, are true to the best of qur knowledge, information and belief, And we make this solemn Declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Ordinance. Declared at the day of one thousand nine hundred and before me, A Commissioner for Oaths (a). (a) or Notary Public or Justice of the Peace. 700 Ch. 31. No. 1.] Compantes. Memorandum of Satisfaction of Mortgage or Charge. hereby gives notice that the registered charge being (b) of which Particulars were registered with the Registrar on the day of 19 was satisfied on the day of , 19 to the extent of In witness whereof the common seal of the Company was hereunto affixed the day of 19 » Directors. » Secretary. (b) A description of the Instrumentis] creating or evidencing the charge, ¢.¢., Mortgage,” ‘ Charge,’ ‘' Debenture,” etc., with the date thereof should be given. If the registered charge was a “ Series of Debentures,"’ or “* Debenture Stock,” the words “ authorised by Resolution,” together with the date of the Resolution should be added. Form No. 26. THE COMPANIES ORDINANCE. Particulars of a Contract relating to Shares. Pursuant to section 44 (2). Name of Company (The particulars must be stamped with the same stamp duty as would have been payable if the Contract had been reduced to writing.) Presented by Particulars of Contract relating to Shares allotted as fully or partly paid up otherwise than in cash by , Limited. (¥) The number of shares allotted as fully or partly paid up otherwise than in cash. (2) The nominal amount of cach such | $ share. (3) The amount to be considered as paid | § up on each such share otherwise than in cash. (4) Uf the consideration for the allotment of such shares is services, or any consideration other than that mentioned below in part (5), state the nature of such consideration, and the number of shares so allotted. (5) If the allotment is made in satisfac- | (1) Brief description of property. tion or part satisfaction of the purchase price of property, give a brief description of such property, and full particulars of the manner in which the purchase price is to be | (2) Purchase Price $ satisfied. (a) Total amount con- sidered as paid on shares allotted other- wise than in cash $ (b) Cash wee §$ (6b) Amount of debt released or liabilities assumed by the pur- chaser (including mort- @ages on property ac- quired) $ Total purchase price ... $ Companies. [Ch. 31. No. 1. 701 (6) Give full particulars, in the form of the following table, of the property which is the subject of the sale, showing in detail how the total purchase price is apportioned between the respective heads :— Legal Estates in Frechold Property and Fixed Plant and Machinery and other lixtures thereon (a) Legal [states in Leasehold Property (a) Tixed Plant and Machinery on Leasehold Property (including Tenant's, Trade, and other Fixtures) Equitable Interests in Freehold or Leaschold Property (a) Loose Plant and Machinery, Stock-in-Trade, and Chattels (b) Goodwill and Benefit of Contracts Patents, Designs, Trade Marks, Licences, Copyrights, Book and other Debts Cash in Hand and at Bank on Current Account, Bills, Note., etc. Cash on Deposit at Bank or elsewhere... . o Shares, Debentures and other investments Other property, (Signature) . [State whether Director or Manager or Secretary] Dated the day of , 19 (a) Where such properties are sold subject to mortgage, the gross value should be shown. (6) No Plant and Machinery which was not in an actual state of severance on the date of the Sale should be included under this head. Form No. 27. THE COMPANIES ORDINANCE. Notice of appointment of a Receiver or Manager. Pursuant to section 86 (1). Name of Company Presented by To the Registrar. I, of with reference to Limited, hereby give notice that :— (a) 1 have obtained an Order of the Court dated the day of »19 , for the appointment of Mr. of as (c) of the Troperty of this Company. (a) On the day of ,19 , I appointed Mr. of as (0d) of the property of this Company under the powers contained in an instrument dated (c) (Signature) Dated the day of 19 (a) Of these two paragraphs strike out that which does not apply, (8) '‘ Receiver ” or ‘‘ Manager "’ or ‘‘ Receiver and Manager ’’ as the case may be, (c) Describe fully the instrument under which appointment is made, 702 Ch. 31. No. 1.} Companies. Form No. 28, THE COMPANIES ORDINANCE. Particulars of Charges created and Charges on property acquired by a Company registered In the Colony. Pursuant to section 91, Name of Company Tresented by Particulars supplicd by , Limited (a) of Mortgages or Charges created by the Company before the date of the commencement of the Ordinance, and remaining unsatistied at that date which would have been required to be registered under the provisions of paragraphs (¢), (4) and (i) of subsection (2) of section 79 of the Ordinance Wf the Mortgages or Charges had been created on or after that date; and (b) of Mortgages or Charges to which any property acquired by the Company before the date of the commencement of the Ordinance, is subject and which would have been required to be registered under the provisions of section 8l of the Ordinance if the property had been acquired on or after that date. description of the instrument creating or Mortgage or | Darticulars of | Descriptions of i Date of Charge at the | the Property | the Mortgagees acquisition of | (3) (4) (5) \ | + Amount owing Date and | of the Short Adhese and 4 | on the security Names, evidencing the ‘the Property (4). date of the Mortgaged or or Persons Mortgage or commencement Charged. entitled to the Charge (a). of the Charge. | Ordinance. ' | (Signature) [Designation of position in relation to the Company] Dated the day of , 19 (a) A description of the Instrument, ¢.g., ‘‘ Trust Deed,’’ ‘‘ Mortgage,”’ ‘* Deben- ture," etc., as the case may be, should be given. (b) This column should be completed only when the Mortgage or Charge is a Mortgage or Charge to which the Property was subject when acquired by the Company. Companies. (Ch. 31. No. 1. 703 Form No. 29. THE COMPANIES ORDINANCE. Receiver or Manager's Abstract of Receipts and Payments. Pursuant to section 283. Name of Company Name and Address of Receiver or Manager Date and description of security containing the powers under which Receiver or Manager is appointed. Period covered) From hy the Abstract. Presented by To ABSTRACT. ABSTRACT. Receipts. Payments. Brought forward $ Brought forward The receipts and payments must severally be added up at the foot of cach sheet and the totals carricd forward from one abstract to another with- out any intcrmediate balance so that the gross totals shall Tepresent the total amounts received and paid by the Ke- ceiver or Manager since the date of appointment. Carried forward Carried forward (Signature) Dated the day of ,19 Form No, 30. THE COMPANIES ORDINANCE. Notice of ceasing to act as Receiver or Manager. Pursuant to section 86 (2). Name of Company Presented by To the Registrar. I, of hereby give you Notice that I ceased to act as Receiver and/or Manager of Company, Limited, on the day of ,19 (Signature) . Dated the day of ,19~—«w 704 Ch. 31. No. 1.] Companies. Form No. 31. THE COMPANIES ORDINANCE. Statement of the Amount or Rate per cent. of the Commission payable in respect of Shares and of the Number of Shares which Persons have agreed for a Commission to Subscribe Absolutely. Pursuant to section 45 (1) (c) (ii) and (d). Name of Company Presented by Name of Company , Limited. Article of Association authorising Commission No. Darticulars of amount payable as Commission for subscribing, or agreeing to subscribe, or for procuring or agrecing to >$ procure, subscriptions for any shares in the Company; or J Rate of such Commission Rate per cent. Date of Circular or Notice (if any), not being a prospectus, inviting subscriptions for the shares and disclosing the >Date amount or rate of the Commission oe Number of shares which persons have agreed for a commission to subscribe absolutely No. [Signatures of all the Directors or of thety agents authorised in writing.} Dated the day of , 19 705 [Ch. 31. No. 1. Companies. ‘Ple_d ‘syIEWION | gag $ | ‘sanss] | ‘anss] 3 ‘xapul . ‘ ‘aya aayung | yin ‘paeq ‘agieqD 10 sty} ul pesaysidoy ‘sadeSyof~y ———— ystly adespI0W -Aueduiod jo suien | aBrey jo ° woum Agi 19310 joazeq jo junoury Jaquinn ‘sainjueqaq [eas “1038;80q au} ur pasajue sesieyq jo xopul [eo;ZoroucryD “(1) 7g wor}aS ‘7E€ (ON AMO 45 “u017e148199}] jo a3eq T.-—IV. 1€S. ompan , C 607 “yUnODsICY “sade amseYyD | . 29reU7 “poasaut "498 0) ‘yuaul 40 ‘goue | one | SE9RIOH oe ge ayqi “wy ocayeq): “sainy | ayy 0 P u " . : Buiseas |-qujoddy = -mopy NON amma papas? pao 17a - " suaqaq | papmua 70 pon bern asduig sone vane jo yo ayeq UuOrs -uonzes | M777 orp ayn sue UE Hs ———~_ Jo sauras | sucsiag Aqsadoag |“ -s0yy agi yo agaeqy 30 | -no0q eq | pue = -sTaru ATES | ou 19 ig 34 { “uoyine | -sauas a 1 ek 10 , SX fuonismbse ‘ P ; oD “MES JO 1) 495 jouon -Jas0) 4 * a | 4 aq aya 4q we asedojy jo | aurex aga jo seanpaes | Leos ogi ye 9020 yo ansst | paanses | svoded | cre, | paanses ona yoea jo asquing | ‘VWa0 dad may, ATI sezauary aie “MOM qoeajo | fawnomy 130K | nored fauneny ! 7 PT | uoneasy ees “saBeneye arey 40 K same | % PT agaye = saumomy Tet, aga jo yoys ‘ - jo aed — 40 WALa2Iay wnomy sae] pae aed MeN | ‘ ‘91 (s1) 'oL: fet tu a0 (or ‘6i {¢) '2) “sauas 2 JO samniuaqeq Jo Sansst aya 01 #uneja: saejnonseg parywyy ‘ JO uopoejspesg jo umpussourep pus ‘seBieqy pus seBeSz0p jo s21s}8ay *(p) 2g TORDIg ‘€€ ‘ON WaOT Companies. [Ch. 31. No.1. Form No. 34. THE COMPANLES ORDINANCE. List of Documents delivered for Registration by a Company Incorporated outside the Colony. Pursuant to section 298. Name of Company Presented by of Documents delivered to the Registrar for Registration, pursuant) to 298 of the Companies Ordinance by a company incorporated in and which has a place of business in the Colony at (A) ty) () (\) A certitied copy of the Charter, Statutes, or Memorandum and \rticles of the Company, ot other instrument constituting or delining the constitution of the Company, and, if (he instrument ts not written in the English language, a certified translation thereot, The Copies and Translations (if aay) mentioned must be certified in the manner prescribed in the ATED Schedule. (8) A list of the Directors of the Company, containing such particulars with tespect to the Directors as are by the Companies Ordinance, required to be contained with respeet to Directors in the Register of Directors of a Company mecorporated under the Companies Ordinance. (C) The names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the Company service of process and any notices required to be served on the Company. Signature of the persons authorised under section 298 (c) of the Companies Ordinance, or of some other person in the Colony duly authorised by the Company, Dated the day of 19 (a) Country of origin. 707 708 Ch. 31. No. 1.] Companies. Form No. 35. THE COMPANIES ORDINANCE. List and Particulars of the Directors of a Gompany Incorporated outside the Colony. *‘ursuant to section 298, Ng and Particulars of the Directors (a) of a Company incorporated mi and which has established a place of business in the Colony at The present \nw former Nationality , Other business Christian Christian of origin (if Usual | Occupation or Name or Name or Nationality. | other Uhan | Residential | Directorships Names and Names or the present | Address. if any. Surname (¢), Surname. Nationality). If none state so (d). | 1 Signature of the persons authorised under scetion 298 (¢) of the Companics Ordinance or of some other person in the Colony duly authorised by the Company. Dated) the (a) Director unicludes any person whe occupies the position of a Director by whatever name called and any person in accordance wilh whose directions or instructions the Directors of a Company are accustomed to act. (4) Country of origin. (Q) In the case of a Co name and registeted or principal ofice should be shown. (@) In the case of an individual who has no business occupation but holds any other dircetorshtp or directorships, particulars of that directorship or of some one of those directorships must be entered. Dorm No. 36. THE COMPANIES ORDINANCE. List of the Names and Addresses of Persons resident in the Colony Authorised to accept service on behalf of a Company Incorporated outside the Colony Pursuant to section 298, Name of Company Presented by Compames. [Ch. 31. No. 1. List of Persons resident in the Colony authorised to accept on behi of the Company Service of process and any notices required to be served on a company incorporated in (a) and which has established a place of business in the Colony at Christian Name. Addre, Signature of the persons authorised under section 298 (c) of the Companies Ordinance or of some other person in the Colony duly authorised by the Company Dated the day of 19 Origa Form No. 37. THE COMPANIES ORDINANCE. Return of Alteration in the Charter, Statutes, Memorandum or Articles of Association or other Instrument Constituting or defining the Con- stitution of a Company incorporated outside the Colony. Pursuant to section 300, Name of Company Presented by Return of alteration in the (a) constituting ot defining the constitution of a company incorporated in (6) and which has cstablished a place of business in the Colony at (ec) Certified Copy of Alteration or Certified Copy of new Deed, if one has been executed, and Certified Translation of Alteration or Deed, if not in Itnglish linguage, must accompany this Return and be shortly referred to here. Signature of the persons authorised under section 298 (c) of the Companies Ordinance, or of some other person in the Colony duly authorised by the Com- pany. Dated the day of 19 (a) “ Charter,”’ “ Statutes,” Memorandum or Articles of Associ instrument as the case may be. (6) Country of origin. (c) The Copy and Translation (if anv) must be certifie anner preseribed in the XIII. Schedule. 709 710 Ch. 31. No. 1.} Companies. Form No. THE COMPANIES ORDINANCE. Return of Alteration in the List or Particulars of Directors of a Company Incorporated outside the Colony. Pursui Name of Compi Tresented by Return of Alteration in the List or Particulars of Directors (a) of company incorporated in (2) wut which has established a place of busine... in the Colony at Other The present Any Nationality Business, Christian former of origin (if Usual Occupation — Remarks Name or Christian other than Resi- or as to the Names and = Nate or the present dential Director- altera- Surname o) 0 Names or nationality). Address.) ships ifany. | tion (ec). Surnanie » If none ‘state so (d), Signature of the persons authorised ( under section 298 (ce) of the Compames Ordinance, or of some other person in the Colony duly authorised by the Com- pany [ Dated the dav of 19 (a) Director ineludes anv person who occupies the position of a director by whatever name called, and any person ins accordance with whose directions or instructions the Directors of a Company are accustomed to act. (6) Country of origin. (¢) In the case of a Corporation and registered or principal office should be shown, (@7) Inthe case of an individual who has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorship. must) be entered. (¢) Veomplete List of the Directors or Managers shown as existing in the last Return should always be given. A note of the changes since the last List was filed should be made in this column, ¢.g., by placing against a new director's name the words in place of “and by writing against any former director's name the words dead, . oras the case may be. Companies, [Ch. 31. No. 1. 711 Form No, 39, THE COMPANIES ORDINANCE. Return of Alteration in the Names or Addresses of the Persons resident in the Colony authorised to accept service on behalf of a Company incorporated outside the Colony. Pursuant to section 300. Ni + of Company Presented by Return of alteration in the Names or Addresses of the persons resident in the Colony authorised to accept on behalf of the Company Service of process and any notices required to be served on a@ company incorporated in (a) and which has established a place of business in the Colony at Signature of the persons authorised under section 298 (c) of the Companies Ordinance, or of some other person in the Colony duly authorised by the Com- pany. Dated the day of , 19 (a) Country of origin. 712 Ch. 31. No. 1.} Compantes. Form No. 40. THE COMPANIES ORDINANCE. Particulars of a Mortgage or Charge on property in the Colony created by a Company incorporated outeide the Colony. Vursuant to sections 79 and 90, Name of Company Presented by Particulars of a Mortgage or Charge created by a company incorporated in (a) and which has established a place of business in the Colony at (1) (2) (3) (4) (5) Amount or rate per cent. of the Commission, Allowance or Discount (if any) paid or Date and Name, | made cither directly or in- i { descripition | Short Addresse, directly by the Company to of the | Amonnt particular. and any person in consideration instrument ; secured by of the Descriptions | of his subscribing or agree- creating or | the Troperty of the / ing to subscribe, whether evidencing | Mortgage Mortgaged Mortgagee. absolutely or conditionally, the Mort-— or Charge. or charged or Persons oor procuring or agreeing Rage or entitled to to) procure — subscriptions, Charge (b) the Charge. whether absolute or con- ditional, tor any of the Debentures includec in this Return (c). Signature of the persons authorised under section 298 (c) of the Companies Ordinance, or of some other person in the Colony duly authorised by the Com- pany Datec day of (a) Country of origin. (>) A description of the Instrument, e.g., Trust Deed, Mortgage, Debenture, ete. as the case may be, should be given. (c) The rate of mterest: payable under the terms of the Debentures should noé be entered. Companies. [Ch. 31. No. 1. 713 Form No. 41. THE COMPANIES ORDINANCE, Particulars of a Mortgage or Charge subject to which property in the Colony has been acquired by a Gompany incorporated outside the Colony. Pursuant to sections 81 and 90. Name of Company Presented by Particulars of a Mortgage or Charge subject to which property in the Colony has been acquited by a company incorporated in (a) and which has established a place of business in the Colony at (1) (3) Date and description of : Names, Addresses 1 1 i i the instrument | Dates of the Amount Short particulars | and Deseriptions creating or acquisition secured by of the Property | of the Mortgagees evidencing the of the the Mortgage — Mortgaged or | or Persons entitled Mortgage or Property or Charge. charged. to the Charge Charge (b). Signature of the persons authorised under section 298 (¢) of the Companies Ordinance, or of some other person in the Colony duly authorised by the Com- pany Dated the day of 19 (a) Country of origin. (>) A description of the Instrument, ¢ Trust Deew Mortgage, Debenture, ete. as the case may be, should be given. A copy of the Instrument: certifiec ‘seribec, must be delivered with these Particulars. 714 Ch. 31. No. 1.) Companies. ‘Form No. 42. THE COMPANIES ORDINANCE. Particulars of a series of Debentures containing, or giving by reference to any other instrument, any charge on property in the Colony, to the benefit of which the debenture holders of the said series are entitled, fart passu, created by a Company incorporated outside the Colony. Pursui 79 (7) and Name of Company This ‘orm (No. 42) 4s to be used for registration of Particulars of the entire series. When more than one issue of Debenture in the serte is made, Particulars of the date and amount of cach issuc subsequent to the first should be sent to the Registrar on Form No, bs. Pre. Particulars of a series of Debentures created by a company incorporated in {a} and which has established a place of business in the Colony at | (6) (7) \ | Awountl of rate per cent, of the Cormission, Allowance or Dis Dates Date of the cove i | Names couat (if any) paid or inade . | of ing Deed (i any) oy . | " either directly or indirectly by Vetal | Amount which the security | General of the is ¥ . Resolu- et the Company to any person in amount of the tions | io created or de- | Descrip- | Trustees | onsideration of his subscrib- secured present authoris-| fined; or, if there is tion of | {if any) ing or agreeing to subscribe by the issuc {° | no such Deed, the the forthe | hether absolutely or condi whole of the | ME thE” date of the first Property | Deben- : : issue tionally, or procuring or agree services. series. of the execution of any charged. bee ing to procure subscriptions, series. enture 0 olders. | whether absolute or condi. series. tional, for any of the Debon- tures included in this Return.(d) mature of the persons authorised under section 298 (¢) of the Companies Ordinance or of some other person in the Colony duly authorised by the Com- | pany { Ia (a) Country of origin, (6) The rate of interest payable under the terms of the Debenture should not be entered. Companies. (Ch. 31. No. 1. 715 Form No. 43. THE COMPANIES ORDINANCE. Particulars of an issue of Debentures in a series by a Company incorporated outside the Colony. Pursuant to sections 79 (7) and 90. Name of Company For registration of particulars of the entive series Form No. 42 must be used.) Presented by Particulars of an Issue of Debentures in a Series where more than one Issue in the Series is made by a company incorporated in (a) and which has established a place of business in the Colony at (2) (3) Varticulars as to the amount or rate per cent. of the commission, allowance, or discount (if any) paid, or Date of made, cither directly, or indirectly, by the Company, to present Amount of any person in consideration of his subscribing or agreeing issue present issue. to subscribe, whether absolutely or conditionally, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any of the Debentures included in this Return (0). Signature of the persons authorised under section 298 (c) of the Com- panies Ordinance, or of some other person in the Colony duly authorised by the Company. Dated the day of (a) Country of origin. (b) The rate of interest payable under the terms of the Debentures should sof be entered. Ch. 31. No. 1.] Companies. Form No. 44. THE COMPANIES ORDINANCE. Declaration verifying Memorandum of Satisfaction of Mortgage or Charge by a Company incorporated outside the Colony. Pursuant to section &4. Name of Company Dresented by tor We} of the persons authorised under section 298 (c) of the Companies Ordinance, by (a) Do selemnly and sincerely declare that the particulars contained in the Memorandum of Satisfaction annexed hereto and dated the diay of 19 are true to the best of my/our knowledge. information and beliefl, And Toor Wel make this solemn Declaration, conscien- tiously believing the same to be (rue and by virtue of the provisions of the Statutory Declarations Ordinance. Deckured at ( day of sand nine hundred before me members, creditors and debtors, and every fraction of 10 up to £000 3.00 Vor every 10 or fraction of 10 above 1,000 1.80 Provided that where the net assets of the company, including uncalled capital, are estimated in the statement of affairs not to exceed $2,400, three-fifths of the above fee only shall be charged. (This fee to include cost of official stationers , printing, books, forms and inland postages.) (ii) On the value of Uhe company’s property as estimated in the statement of attains, after deducting (in cases where a person other than the Official Receiver has, prior to, but not on the day of, the making of a winding up order, been appointed Receiver for debenture holders) the amount due to debenture holders On the first $24,000 oF faction thereol 1} per cent. On the next $96,000 oF fraction thereof ; Ou the next $300,000 or fraction thereol S Above $480,000 | 2. Where the Oficial Receiver acts as liquidator of the company and : Special Manager is appointed (to include the OMcial Receiver’s services as provisional liquidater)- Such amount the Court, on the application of the Oficial Receiver, may ceasider reasonable, In all other cases where the Official Receiver acts as liquidator the company (to include his services as provisional liquidator) — (i) In respect of every LO membe creditors and debtors, and every fraction of 10 Provided that where the net assets of the company, inchiding uncalled capital, do not execed $2,400, three-tifths of the above fee oniy shall be charged. (This {ce to include cost of official stationery, printing, books, forms, and inland postages.) Companies. Ch. 31. No. 1. (ii) Upon the total assets, including produce of calls on contribu- lores, realised or brought to credit by the Official Receiver, after deducting sums on which fees are chargeable under paragraph 4 of this Part, and the amount spent out of the money received, in ‘arrying on the business of the company: On the first $4,800 or fraction thercof 6 per cent. On the next $7,200 or fraction thercof 5 On the next $12,000 or fraction thereof + On the next $24,000 or fraction thercof 3 On the next $432,000 or fri ction thereof Above $480,000 1 (iti) On the amount distributed in dividend or paid to contribu- tories, preferential creditors, and debenture holders by the Official Receiver half the above percentages. 4. Where the Official Receiver collects, calls or realises property for debenture holders: The-same fees as under paragraph 3 (ii) and (iti) of this Part, be paid out of the proceeds of such calls or property. >. Where the Official Receiver realises property for secured creditors other than debenture holders:- The same fees as under paragraph 3 (ii) of this Part, to be paid out of the proceeds of such property. . Where the Official Receiver performs any special duties not provided for in the foregoing tables: Such amount as the Court, on the application of the Official Receiver, may consider reasonable. 7. Travelling, keeping possession, law costs, and other reasonable expenses of the Official Receiver, the amount disbursed. 8. For inspecting books kept by the Official Receiver. provided such inspection does not exceed half an hour 48 For every additional half hour or part thereof 24 For copies of documents and accounts, each folio of 72 words —-08 For receiving and filing each proof of debt above nine dollars and sixty cents 24 For administering oath to aflidavit of claimant 48 For searching the records 48 For giving out ccrtilicates from such records 48 For every special or general proxy vee vee wes a 24 126 Ch. 31. No. 2.] Parinership. CHAPTER 31. No. 2. PARTNERSHIP. creananee AN ORDINANCE TO DECLARE THE Law OF 1940, PARTNERSHIP. rommence- [1st January, 1914.] Short title. 1. This Ordinance may be cited as the Partnership Ordinance. Interpre- 2. In this Ordinance— tation. ve : »» 5 : business’? includes every trade, occupation, or profession ; “ Court ’’ means the Supreme Court ; Judge ’’ means any Judge of the Court. Nature of Partnership. Definition 3. (1) Partnership is the relation which subsists between ships persons carrying on a business in common with a view of profit. (2) But the relation between members of any company or association which is— (a) cegistered as a company under the Companies Ordinance or any other Ordinance for the time being in force and relating to the registration of companies; or (®) formed or incorporated by or in pursuance of any other Ordinance or of any order in council, or Act of the Imperial Parliament, or Letters Patent, or Royal Charter, is not a partnership within the meaning of this Ordinance. Heules tor 4. In determining whether a partnership does or does not existence eXist, regard shall be had to the following rules— ceeerener” (a) joint tenancy, tenancy in common, joint pro- perty, common property, or part ownership, does not Parinershtp. (Ch. 31. No. 2. 727 of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof; (5) the sharing of gross returns does not of itself Sharing create a partnership, whether the persons sharing such "rtrrns. returns have or have not a joint or common right or interest in any property from which, or from the use of which, the returns are derived; (c) the receipt by a person of a share of the profits Effect of of a business is prima facie evidence that he is a partner srobte ete. in the business, but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business; and in particular— (i) the receipt by a person of a debt or other liquidated amount by instalments or otherwise, out of the accruing profits of a business, does not of itself make him a partner in the business or liable as such; (ii) a contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such; (iii) a person being a widow or child of a de- ceased partner and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not, by reason only of such receipt, a partner in the business or liable as such; (iv) the advance of money by way of Joan to a person engaged, or about to engage, in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on the business, does not of itself make the lender a partner with the person or persons carrying on the business or liable as such: Provided that the contract is in writing, and signed by or on behalf of all the parties thereto; (v) a person receiving, by way of annuity or otherwise, a portion of the profits of a business 728 Postpone ment of rights ot person lending on selling in considera tion of share of profits in case of hbankruptes Meaning ol “frm.” Power of artner to Pind the firm. Partners bound by acts on behalf of firm, Ch. 31. No. 2.) Partnership. in consideration of the sale by him of the goodwill of the business, is not, by reason only of such receipt a partner in the business or liable as such. 5. In the event of any person to Whom money has been advanced by wav of loan upon such a contract as is men- tioned in the last preceding section, or of any buyer of goodwill in consideration of a share of the profits of the business, being adjudged bankrupt, entering mto an arrangement to pay his creditors less than one hundred cents in the dollar, or dying in insolvent circumstances, the lender of the loan shall not be entitled to recover anything in respect of his loan, and the seller of the goodwill shall not be entitled to recover anything in respect of the share of profits contracted for, until the claims of the other creditors of the borrower or buyer for valuable consideration in money or money's worth have been satisfied, 6. Persons who have entered into partnership with one another are, for the purpose. of this Ordinance, called collectively a firm, and the name under which their business is carried on is called the firm-name. Relations of partners to persons dealing wrth them. & 7. every partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member, bind the firm and his partners, unless the partner so acting bas in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority, or docs not knew or believe him to be a partner. 8. An act or instrument relating to the business of the firm, and done or executed in the firm-name, or in any other manner showing an intention to bind the firm, by any person thereto authorised, whether a partner or not, is binding on the firm and all the partners: Provided that this section shall not affect any general rule of law reJating to the execution of deeds or negotiable instruments. Partnership. {Ch. 31. No. 2. 9. Where one partner pledges the credit of the firm for a purpose apparently not connected with the firm’s ordinary course of business, the firm is not bound, unless he is in fact specially authorised by the other partners; but this section docs not affect any personal liability incurred by an individual partner. 10. If it has been agreed between the partners that any restriction shall be placed on the power of any one or more of them to bind the firm, no act done in contravention of the agreement is binding on the firm with respect to persons having notice of the agreement. M1. Ievery partner in a firm ts liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner; and after his death his estate is also severally liable in a due course of adminis- tration for such debts and obligations, so far as they remain unsatisfied, but subject to the prior payment of his separate debts. 12. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm 1s liable therefor to the same extent as the partner acting or omitting to act. 13. In the following cases, namely (a) where one partner, acting within the scope of his apparent authority, receives the money or property of a third person, and misapplies it, and (0) where a firm in the course of its business receives money or property of a third person, and the money or property so received is misapplied by one or morc of the partners while it is in the custody of the firm, the firm is liable to make good the loss, 14. Every partner is liable jointly with his co-partners and also severally for everything for which the firm, while he is a partner therein, becomes liable under either of the two last preceding sections. 729 Vartners using credit of firm for private purposes. Hifect of notice that firm will not be bound by acts of partner Liability of partners. Liability of the firm for wrongs of partners. Misapplica- tion of money or property teceived for or in custody of the firm. Liability for wrongs joint and several. 730 buproper employment of trust property for partnership purposes. Persons liable by “holding out Adiiission: and repre sentations ol partners. Notice to acting partner te he notice the firm. Liabilitie. of incoming and out- going partners, Ch. 31. No. 2.) Partnership. 15. If a partner, being a trustee, improperly employ. trust property in the business or on the account of the partnership, no other partner is liakle for the trust property to the persons beneficially interested therein Provided that (a) this section shall not affect any liability incurred by any partner by reason of his having notice of breach of trust | and (6) nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its possession or under its control, 16. (1) Everyone who by words spoken or written or by conduct represents himself, or who knowingly | suffers himself to be represented, as a partner ina particular firm, is liable as a partner to anyone who has, on the faith of any such representation, given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made. (2) Provided that where, after a partner's death, the partnership business is continued in the old firm-name, the continued use of that name or of the deceased partner's mame as part thereof shall not of itself make his executors or administrators estate or effects Hable for any partnership debts contracted after his death. 17. An admission or representation made by any partner concerning the partnership affairs, and in the ordinary course of its busine. is evidence against the firm. 18. Notice to any partner who habitually acts in the partnership business of any matter relating to partnership affairs operates as notice to the firm, »xcept in the case of a fraud on the firm committed by or with the consent of that partner 19. (1) A person who is admitted as a partner into an existing firm does not thereby become lable to the creditors of the firm for anything done before he became a partner. Partnership. [Ch. 31. No. 2. (2) A partner who retires from ai firm does not thereby cease to be liable for partnership debts or obliga- tions incurred before his retirement. (3) A retiring partner may be discharged from any existing Jiabilities by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors, and this agreement may be cither express or inferred as a fact from the course of dealing between the ‘reditors and the firm as newly constituted. 20. A continuing guaranty or cautionary obligation given either to a firm or to a third person in respect of the transactions of a firm is, in the absence of agreement to the contrary, revoked as to future transactions by any change the constitution of the firm to which, or of the firm in respect of the transactions of which, the guaranty or obligation was given. Relations of partners to one another. 21. The mutual rights and duties of partners, whether ascertained by agreement or defined by this Ordinance, may be varied by the consent of all the partners, and such consent may be either express or inferred from a course of dealing. 22. (1) All property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, ov for the purposes and in the course of the partnership busine. are called in this Ordinance partnership property, and must be held and applied by the partners exclusively lor the purposes of the partnership and in accordance with the partnership agreement. (2) Provided that the legal estate or interest In any land which belongs to the partnership) shall devolve according to the nature and tenure thereof and the general Tule. of Jaw applicable thereto, but in trust, so far as necessary, for the persons beneficially interested in the land under this section. (3) Where co-owners of an estate or interest in any land, not being itself partnership property, are partners as 731 Revocation of continuing guaranty by change in firin. Variation by consent of terms of partnership. Partnership property. ~s! WH IN Lropetty bought with partnership moucy Immove property held as partnership property. Procedure against partnership Property for a partner sepourate ludgtnent debt. Ch. 31. No. 2. Partnership. to profits made by the use of that land or estate. and purch: — other Jand or estate out of the profits to be used in like manner, the land or estate so purchased belongs to them, in the absence of an agreement to the contrary, not as partners but as co-owners for the same respective states and interests as are held by them im the land or estate first mentioned at the date of the purchase. 23. Unle. the contrary intention appears, property bought with money belonging to the firm is deemed to have been bought on account of the firm, 24. Where land or any heritable interest: therein has become partnership property, tt shall, unless the contrary intention appears, be treated as between the partners (ineluding the representatives of i deceased partner) and also as between the next of kin of a deceased partner and lis executors or administrators, as personal and not real or heritable sstate 5. (1) A writ of exccution shall not issue against any pitt vetehip property except on a judgment against the firm. (2) The Court or Judge may, on the application by summons of any judgment creditor of a partner, make an order charging that partner’ interest in’ the partnership property and profits with payment of the amount of the judgment debt and interest thereon, and may by the same or a subsequent order appoint a receiver of that partner’ share of profits (whether already declared or accruing), and ef any other money which may be coming to him in respect of the partnership, and direet all accounts and enquitie, and give all other orders and directions which might have been directed or given i the charge had been made in favour of the judgme nt creditor by the partner, er which the circumstances of the case may require. (3) The other partner or partners shall be at liberty at any time to redeem the interest charged, or, in case of a ‘ale being directed, to pureh: — the same. (+) Every summons by judgment creditor under this section shall be served on the judgment debtor and on his partners or such of them as are within the jurisdiction, Partnership. (Ch. 31. No. 2. and such service shall be good service on all the partners, and all orders made on such summons shall be similarly served, (5) Every application made by any partner of the judgment debtor under this section shall be made bv summons which shall be served on the judgment creditor and on the judgment debtor and on such of the other partners as shall not concur in the application and as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such summons shall be similarly served. 26. The interests of partners in the partnership property and their rights and duties in relation to the partnership shall be determined, subject to any agreement express or implied between the partners, by the following rule. (a) all the partners are entitled to share equally in the capital and profits of the business and must con- tribute equally towards the losses whether of capital or otherwise sustained by the firm; (6) the firm must indemnify every partner in respect of payments made and personal liabilities incurred by him (1) the ordinary and proper conduct of the business of the firm, or (i) in orabout anything nece. carily done for the preservation of the busine. or property of the lirm, (c) a partner making, for the purpose of the part- nership, any actual payment or advance beyond the amount of capital which he has agreed to subscribe, is entitled to interest at the rate of six per centum per annunt trom the date of the payment or advance ; (¢@) a partner is not entitled, before the ascertain- ment of profits, to interest. on the capital subseribed by him, (c) every partner may take part in the management of the partnership busine. (f) no partner shall be entitled to remuneration for acting in the partnership busine. . 733 Rule. as to Interests and duties ot partners subject to special agreement, 734 Expulsion of partner. Retirement from partnership at will. Where partnership for a term is continued over, con- tinuance on old terms presumed. Duty of partners to render accounts, etc. Account- ability of partners for private profits. Ch. 31. No. 2.] Partnership. (g) no person may be introduced as a partner without the consent of all existing partners; (4) any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners, but no change may be made in the nature of the partnership business without the consent of all existing partners; (1) the partnership books:are to be kept at the place of business of the partnership (or the principal place, if there is more than one) and every partner may, when he thinks fit, have access to and inspect and copy any of them. 27. No majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners. 28. (1) Where no fixed term has been agreed upon for the duration of the partnership, any partner may determine the partnership at any time on giving notice of his intention so to do to all the other partners. (2) Where the partnership has originally been con- stituted by deed, a notice in writing, signed by the partner giving it, shall be sufficient for this purpose. 29. (1) Where a partnership entered into for a fixed term is continued after the term has expired, and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will. (2) A continuance of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is presumed to be a continuance of the partnership. 30. Partners are bound to render true accounts and full information of all things affecting the partnership to any partner or his legal representatives. 31. (1) Every partner must account to the firm for any benefit derived by him without the consent of the other partners from any transaction concerning the partnership, Partnership. [Ch. 31. No. 2. or from any use by him of the partnership property, name, or business connection. (2) This section applies also to transactions under- taken after a partnership has been dissolved by the death of a partner, and before the affairs thereof have been completely wound up, either by any surviving partner or by the representatives of the deceased partner. 32. If a partner without the consent of the other partners carries on any business of the same nature as and competing with that of the firm, he must account for and pay over to the firm all profits made by him in that business. 33. (1) An assignment by any partner of his share in the partnership, either absolute or by way of mortgage or redeemable charge, does not, as against the other partners, entitle the assignee, during the continuance of the partner- ship, to interfere in the management or administration of the partnership business or affairs, or to require any accounts of the partnership transactions, or to inspect the partner- ship books, but entitles the assignee only to receive the share of profits to which the assigning partner would otherwise be entitled, and the assignee must accept the account of profits agreed to by the partners. (2) In case of a dissolution of the partnership, whether as respects all the partners or as respects the assigning partner, the assignee is entitled to receive the share of the partnership assets to which the assigning partner is entitled as between himself and the other partners, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution. Dissolution of partnership and its consequences. 34. Subject to any agreement between the partners, a partnership is dissolved— (a) if entered into for a fixed term, by the expiration of that term; (5) if entered into for a single adventure or under- taking, by the termination of that adventure or undertaking; 735 Duty of partner not to compete with firm. Rights of assignee of share in partnership. Dissolution by expira- tion or notice. 7a Dissa ty thre Court Ch. 31. No. 2.| Partnership. (c) if entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership. In the last mentioned case the partnership is dissolved as from the date mentioned in the notice as the date of dissolution, or, if no date is so mentioned, as from the date of the communication of the notice. 35. (1) Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner. (2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Ordinance for his separate debt. 36. A partnership is in every case dissolved by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the members of the firm to carry it on in partnership. 37. On the application by a partner, the Court may decree a dissolution of the partnership in any of the following case (a) when a partner is found to be insane by inquisi- tion, or is shown to the satisfaction of the Court to be of parmanently unsound mind, in either of which cases the application may be made as well on behalf of that partner by his committee or next friend or person having title to intervene as by any other partner; (6) when partner other than the partner suing, become in-any other way permanently incapable of performing his part of the partnership contract ; (c) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the busine, (d) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partner- ship agreement or otherwise so conducts himself in matters relating to the partnership business that it is Partnership. (Ch. 31. No. 2. 737 not reasonably practicable for the other partner or partners to carry on the business in partnership with him; (ec) when the business of the partnership can only be carried on at a loss, (f) whenever in any case circumstances have arisen which, in the opinion of the Court, render it just and equitable that the partnership be dissolved. 38. (1) Where a person deals with a firm after a change in its constitution he is entitled to treat all apparent members of the old firm as still being members of the firm until he has notice of the change. (2) An advertisement in the Royal Gazelle shall be notice as to persons who had not dealings with the firm before the date of the dissolution or change so advertised. (3) The estate of a partner who dies or who becomes bankrupt or of a partner who, not having been known to the person dealing with the firm: to bea partner, retires from the firm, is not lable for partnership debts contracted after the date of the death, bankruptey, otirement respectively, 39. On the dissolution of a partnership or retirement of a partner, any partner may publicly notify the “ame and may require the other partner or partners to concur for that purpose ino all nece. ary or proper aets, if anv, which cannot be done without his or their concurrence. 40. Alter the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind up the ffairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: Provided that the firm is in no case bound by the acts of a partner who has become bankrupt; but this proviso docs not affect the liability of any person who has, after the bankruptcy, represented himself. or knowingly suffered himself to be represented as a partner of the bankrupt. 41. On the dissolution of a partnership every partner is entitled, as against the other partners in the firm, and all persons claiming through them in respect of their interests T. --1V. 47 Rights of persons dealing with firm against apparent members of firm, Rights of partners to notify dissolution. Continuing authority of partners for purposes of winding up. Rights of partners as to applica- tion of partnership property. Ch. 31. No. 2.| Partnership. as partners, to have the property of the partnership applied In payment of the debts and liabilities of the firm; and to have surplus assets after such payment applied in payment of what may be due to the partners respectively after deducting what may be due from them as partners to the firm, and for that purpose any partner or his representa- tives may, on the termination of the partnership, apply to the Court to wind up the business and affairs of the firm, sete. 42. Where one partner has paid a premium to another on mium where entering into a partnership fora fixed term and the partner- partnership Ship is dissolved before the expiration of that term otherwise prematurely dissalved, than by the death of a partner, the Court may order the repayment of the premium, or of such part thereof as it thinks just, having regard to the terms of the partnership contract and to the length of time during which the part ner- ship has continued, unle. (a) the dissolution is, in the judgment of the Court, wholly or chiefly due to the misconduct of the partner who paid the premium, or (0) the partnership has been dissolved by an agree- ment containing no provision for a return of any part of the premium, 43. Where partnership contract is) rescinded on) the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without: prejudice to any other right, entitled (a) to a henoon, or right of retention of, the surplus of the partnership assets, after catisfving the partner- ship habilitie, for any sum of money paid by him for the purchase of a share in the pi artnership and for any capital contributed by him and is (/) to stand in the place of the creditors of the firm lor any payments made by hint in respect) of the parthership Habilitie, and (c) to be indemnified by the person guilty of the rand or making the representation against all the debts and habilities of the firm, 44. (1) Where anv member of a firm has died or ot herwise ceased to be partner, and the surviving or continuing ed partners carry on the business of the firm with its capital Partnership. {Ch. 31. No. 2. or assets without any final settlement of accounts as between the firm and the outgoing partner or his estate, then, in the absence of any agreement to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since the dissolution as the Court may find to be attributable to the use of his share of the partnership assets or to interest at the rate of six per centum per annum on the amount of his share of the partnership assets. (2) Provided that where, by the partnership contract, an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section. 45. Subject to any agreement between the partners, the amount due from surviving or continuing partners to an outgoing partner or the representatives of a deceased partner in respect of the outgoing or deceased partner's share is a debt accruing at the date of the dissolution or death. 46. In settling accounts between the partners after a dissolution of partnership, the following rules shall, subject fo any agreement, be observed, (a) losse., including losse. and deficiencies of capital, shall be paid first out of profits, next out of capital, and lastly, if necessary, by the partners individually in the proportion in whic h the v were entitled to share profits; (0) the assets of the firm, including the sums, 1fany, contributed by the partners to make up losse. Or deficiencies of capital, shall be applied in the following manner and order: (i) in paying the debts and Habilitics of the firm {o persons who are not partners therein, (ii) in paying to each partner rateably what is due from the firm to him for advance. as distin- guished from capital; 47 (2) 739 to share profits made after dis- solution. Kebining deceased partner's share ta be cledyt 740 Ch. 31. No. 2.| Partnership. (ii) In paving to each partner rateably what is due from the firm to him in respect of capital; (iv) the ultimate residue, if any shall be divided among the partners in the proportion in which profits are divisible. 47, Vhe rule. legal and equitable, appheable to partner- ship at present tn operation in the Colony shall continue in foree except as fir as they are teonsistent with the express provisions of this Ordinance, Registration of Business Names. |Ch. 31. No. 3. 741 CHAPTER 31. No. 3. REGISTRATION OF BUSINESS NAMES, AN ORDINANCE TO PROVIDE FOR THE REGISTRATION OF Celine . * a gtee . Chidh No, FIRMS AND PERSONS CARRYING ON BUSINESS UNDER Tow, BUSINESS NAMES AND FOR PURPOSES CONNECTED Ke. © Toso, THEREWITH, Isf October 1923. | 1. Vhis Ordinance may be cited the Registration of Short tide. Business Names Ordinance. 2. (4) In this Ordinance Interpre- tation, business includes: professton business name oo means the uame or style under Which any business is carried on, whether in: partner- ship or otherwise , “christian name —tichides any forename Court means the Supreme Court or a Judge thereof, firm =omeans an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit ; foreign firm =o means any firm, individual, or cor- poration whose principal place of business is situate outside the Commonwealth countries; “individual ’’ means a natural person and does not include a corporation; “initials ’’ includes any recognised abbreviation of a christian name; Kepistr. Mav reblove name of individ or firm tre register or amend same. Firms and petsons to be registered. Ch. 31. No.3.] Registration of Business Names. Registrar means the Registrar General, showeards = means cards containing or exhibiting article. dealt with, or cample. or representations thereof. (2) References in this Ordinance to a former christian name or surname shall not, in the case of any person, include a former christian name or surname where that name or surname has been changed or disused before the person bearing the name had attained the age of eighteen vears or has been changed or disused fora period of not less than twenty years, and, in the case of a married woman, shall not include the name or surname by which she was known previous to the marriage. (3) An individual or firm = shall not) require to be registered under this Ordinance by reason only of a change of his name, or of the name of a member of the firm, if the change has taken place before the person who has changed his name has attained the age of cighteen years or if not Ie. than twenty vears have elapsed since it took place. 24. Where by virtue of subsection (3) of section 2 of Chis Ordinance an individual or firm: registered) prior to the loth of February 1950, no longer requires to be so regis- tered— (a) the Registrar, if so requested by the individual or firm, shall remove him or it from the register; and (4) section 13 of this Ordinance shall no longer require the individual or firm to keep exhibited the certificate of registration or a copy thereof, and where, in any other case, the particulars registered prior to the above mentioned date in respeet of any individual or firm include a former name or surname which by virtue of subsection (3) of section 2 of this Ordinance no longer requires to be included among those particulars, the Registrar, if so requested by the individual or firm, shall amend the particulars by leaving out that name or surname, 3. Subject to the provisions of this Ordinance— (a) every firm having a place of business in the Colony and carrying on business under a_ business Registration of Business Names. |Ch. 31. No. 3. name which does not consist of the true surnames of all partners who are individuals and the corporate names of all partners who are corporations without any addition other than the true christian names_ of individual partners or initials of such christian names, (6) every individual having a place of business in the Colony and carrying on business under a business name which does not consist of his true surname without any addition other than his true christian names or the initials thereof, (c) every individual or firm having a place of business in the Colony, who, or a member of which, has either before or after the commencement of this Ordinance changed his name, except in the case of a woman in consequence of marriage, shall be registered in the manner directed by this Ordi- nance Provided that (i) where the addition merely indicates that the business is carried on in succession to a former owner of the busine. that addition shall not of itself render registration necessary; and (ii) where two or more individual partners have the same surname, the addition of an s at the end of that surname shall not of itself! render registration neces- sary; and (iti) where the business is carried on by a trustee in bankruptcy or the Official Receiver or a receiver or manager appointed by the Court, registration shall not be nece. cary; and (iv) a purchase or acquisition of property by two or More persons as joint tenants or tenants in common is not of itself to be deemed carrying on a business whether or not the owners share any profits arising from the sale thereof. 4. Where a firm, individual, or corporation having a place of business within the Colony carries on the business wholly or mainly as nominec or trustee of or for another person, or other persons, or another corporation, or acts as general agent for any foreign firm, the first mentioned firm, individual, 743 Registration by nominee, ete. 744 Ch. 31. No.3.) Registration of Business Names. or corporation shall be registered in manner provided by this Ordinance, and, in addition to the other particulars required to be furnished and registered, there shall be furnished and registered the particulars mentioned in the Schedule hereto Provided that where the business is carried on by a trustee in bankruptey or the Official Reeciver or a receiver or manager appointed by the Court, registration under this section shall not be necessary Manner and 5, (1) very firm or person required under this Ordinance Peete to be registered shall furnish to the Registrar a statement in tion. writing in the prescribed form containing the following particulars. (a) the business name; (b) the general nature of the busine. (c) the principal place of the business ; (d) where the registration to be effected is that of a firm, the present christian name and surname, any former christian name or surname, the nationality, the usual residence, and the other business occupation (if any) of each of the individuals who are partners, and the corporate name and registered or principal office of every corporation which is a partner (c) where the registration to be effected is that of an Individual, the present christian name and surname, any former christian name or surname, the nationality, the usual residence, and the other business occupation (if any) of such individual ; ({) where the registration to be effected is that of a corporation, its corporate name and_ registered or principal office ; (g) if the business is commenced after the com- mencement of this Ordinance, the date of the com- mencement of the business. (2) Where a business is carried on under two or more business names, each of those business names must be stated. fo he one 6. The statement required for the purpose of registration by persons must in the case of an individual be signed by him, and in Tegistering. Registration of Business Names. [Ch. 31. No. 3. the case ofa corporation by a director or secretary thereof, and in the case of a firm cither by all the individuals who are partners, and by a director or the secretary of all corporations which are partners or by some individual who is a partner, or a director or the secretary of some corpora- tion which is a partner, and in cither of the last two cases must be verified by a statutory declaration made by the signatory: Provided that no such statutory declaration stating that any person other than the declarant is a partner, or omitting to state that any person other than as Moresaid is a partner, shall be evidence for or against any such other person in respect of his liability or non-liability asa partner, and that the Court may, on application of any person alleged or claiming to be a partner, direct the rectification of the register and decide any question arising under this section. 7. (1) The particulars required to be furnished under this Ordinance shall be furnished within fourteen days after the firm or person commences business, or the business in respect of which registration is required, as the case may be. (2) This section shall apply, in the case where regis- tration is required in consequence of a change of name, as if for references to the date of the commencement of the business there were substituted references to the date of such change. 8. Whenever a change is made or occurs in any of the particulars registered in respect of any firm or person, such firm or person shall, within fourteen days after such change, or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such fourteen days, allow, furnish to the Registrar a statement in writing in the prescribed from specifying the nature and date of the change signed, and where necessary verified, in like manner as the statement required on registration. 9. If any firm or person by this Ordinance required to furnish a statement of particulars or of any change in particulars shall without reasonable excuse make default in so doing in the manner and within the time specified by 745 Time for registration, Change of name, Registration of changes in firm, Tenalty for default in registration, 746 Disability persons in default. Ch. 31. No.3.] Registration of Business Names. this Ordinance, every partner in the firm or the person so in default shall be liable to a fine of twenty-four dollars for every day during which the default continues, and the Magistrate shall order a statement of the required particulars or change in the particulars to be furnished to the Registrar within such time as may be specified in the order. 10. (1) Where any firm or person by this Ordinance required to furnish a statement of particulars or of any change in particulars shall have made default in so doing, then the rights of that defaulter under or arising out of any contract made or entered into by or on behalf of such defaulter in relation to the business in respect to the carrving on of which particulars were required to be furnished at any time while he is in default shall not be enforceable by action or other legal proceeding cither in the business name or otherwise Provided that—- (a) the defaulter may apply to the Court for relief against the disability imposed by this section, and the Court, on being satisfied that the default was acci- dental, or due to inadvertence or some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may grant such relief cither gencrally or as respects any particular contracts, on condition of the costs of the application being paid by the defaulter, unless the Court otherwise orders, and on such other conditions (if any) as the Court may impose. but such relief shall not be granted except on such service and such publication of notice of the application as the Court may order, nor shall relief be given in respect of any contract if any party to the contract proves to the satisfaction of the Court that, if this Ordinance had been complied with, he would not have entered into the contract ; (6) nothing herein contained shall prejudice the rights of any other parties as against the defaulter in respect of such contract as aforesaid ; (c) if any action or proceeding shall be commenced by any other party against the defaulter to enforce the rights of such party in respect of such contract, nothing herein contained shall preclude the defaulter from Registration of Business Names. [Ch. 31. No. 3. enforcing in that action or proceeding, by way of counterclaim, set off, or otherwise, such rights as he may have against that party in respect of such contract. (2) Without prejudice to the power of the Court to grant such relief as aforesaid, if any proceeding to enforce any contract is commenced by a defaulter in a Petty Civil Court, such last named Court may, as respects that contract, erant such relief as aforesaid. 11. If any statement required to be furnished under this Orcinance contains any matter which is false in any material particular to the knowledge of any person signing it, that person shall be liable to a fine of ninety-six dollars, or to imprisonment for three months, or to both such fine and imprisonment. 12. (1) The Registrar may require any person to furnish him such particulars as he thinks necessary for the purpose of ascertaining whether or not such person or the firm of which he is partner should be registered under this Ordinance, or an alteration made in the registered particu- lars, and may also, in the case of a corporation, require the secretary, or any other officer of a corporation performing the duties of secretary, to furnish such particulars, and if any person, when so required, fails to supply such particulars as it is in his power to give, or furnishes particulars which are false in any material particular, he shall be liable to a fine of ninety-six dollars, or to imprisonment for three months, or to both such fine and imprisonment. (2) If, from any information so furnished, it appears to the Registrar that any firm or person ought to be regis- tered under this Ordinance, or an alteration ought to be made in the registered particulars, the Registrar may require the firm or person to furnish to him the required particulars within such time as may be allowed by the Registrar, but, where any default under this Ordinance has been discovered from the information acquired under this section, no proceedings under this Ordinance shall be taken against any person in respect of such default prior to the expiration of the time within which the firm or person is required by the Registrar under this section to furnish particulars to him. 747 Penalty for false state ments. Duty to furnish par- ticulars to Registrar “I! T Ch. 31. No.3.) Registration of Business Names. 13. On receiving any statement or statutory declaration wde im pursuance of this Ordinance, the Registrar shall cause the same to he filed, and he shall send by post or deliver a certificate of the registration thereof to the firm Vv person registering, and the certificate or a certified copy thereof shall be ke pt exhibited ina conspicuous posttion at the principal place of business of the firm or individual, and, if not kept so exhibited, every partner inthe firm or the person, as thee omay be, shall be lable toa fine of ninety , the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof, 80. (1) Where a banker in good faith and without negligence receive. payment for a customer of a cheque: crossed generally or specially to himself, and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment. (2) A banker receives payment of a crossed cheque for a customer within the meaning of this section, not- withstanding that he credits his customer’s account with the amount of the cheque before receiving payment thereof. 81. Where a person takes a crossed cheque which bears on it the words “‘ not negotiable,’ he shall not have, and shall not be capable of giving, a better title to the cheque. than that which the person from whom he took it had. Bills of Exchange. [Ch. 31. No. 5. 82. Sections 76 to 81 shall apply to a banker’s draft as if the draft were a cheque. For the purposes of this section, the expression “banker’s draft ’’ means a draft payable on demand drawn by or on behalf of a bank upon itself, whether payable at the head office or some other office of the bank. PART III. PROMISSORY NOTES. 83. (1) A promissory note is an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer. (2) An instrument in the form of a note payable to maker’ order is not a note within the meaning of this section unless and until it is indorsed by the maker. (3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof. (4) A note which is, or on the face of it purports to be, both made and payable within the Colony is an inland note. Any other note is a foreign note. 84. A promissory note is inchoate and incomplete until delivery thereof to the payee or bearer. 85. (1) A promissory note may be made by two or more makers, and they may be liable thereon jointly, or jointly and severally, according to its tenor. (2) Where a note runs’ I promise to pay”’ and is signed by two or more persons, it is deemed to be their joint and several note. 86. (1) Where a note payable on demand has been indorsed, it must be presented for payment within a reason- able time of the indorsement. If it be not so presented, the indorser is discharged. 791 Cheques drawn on i bank bv itself. l'romissory note defined. Delivery necessary Joint and several notes. Note payable on demand. Presentment of note for pavment. Liability of maker. Application of Part 1. to notes. Ch. 31. No. 5.) Bills of Exchange. (2) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade, and the facts of the particular case. (3) Where a note payable on demand is negotiated, it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for pre- senting if for payment has clapsed since its issue. 87. (1) Where a promissory note is in the body of it mate payable at a particular place, it must be presented for payment at that place in order to render the maker liable. In any other case, presentment for payment is not necessary in order to render the maker liable. (2) Presentment for payment is necessary in order to render the indorser of a note hable. (3) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an indorser Hable; but when a place of payment is indicated by way of memorandum only, pre- sentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice. 88. The maker of a promissory note by making it— (a) engages that he will pay it according to its tenor; (b) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. 89. (1) Subject to the provisions in this Part, and except as by this section provided, the provisions of this Ordi- nance relating to bills of exchange apply, with the necessary modifications, to promissory notes, (2) In applying those provisions, the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to corres- pond with the drawer of an accepted bill payable to drawer’s order, Bills of Exchange. |Ch. 31. No. 5. (3) The following provisions as to bills do not apply to notes, namely, provisions relating to— (a) presentment for acceptance; (b) acceptance; (c) acceptance supra protest; (d) bills in a set. (+) Where a foreign note is dishonoured, protest thereof is unnecessary. PART IV SUPPLEMENTARY. 90. A thing ts deemed to be done in good faith, within the meaning of this Ordinance, where it is in fact done honestly, whether it is done negligently or not. 91. (1) Where, by this Ordinance, any instrument or writing 1s required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority. (2) In the case of a corporation, where, by this Ordinance, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be scaled with the corporate seal. But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal. 92. Where by this Ordinance the time limited for doing any act or thing is less than three days, in reckoning time, non-business days are excluded. “ Non-business days for the purposes of this Ordinance mean— (2) Sunday, Good I'riday, Christmas Day; (6) a public holiday. Any other day is a business day. 93. For the purposes of this Ordinance, where a bill or note is required to be protested within a specified time, or 793 Good faith. Signature. Computation of time. When noting equivalent to protest. 794 Protest when Notary not accessible, Ord. 30- oq, Ch. 31. No. 5.i Bills of Exchange. before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the tormai protest may be extended at any time thereafter as of the date of the noting. 94. Where dishonoured bill or note is authorised or required to be protested, and the services of a Notary cannot be obtaimed at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witne. , give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall In all respects operate as ifit were a formal protest of the bill. The form in the Sehedule hereto may be used with nece ary modifications, and if used shall be sufficient. 95. (1) Where a person signs a bill of exchange as drawer, acceptor or indorser, or signs a proniussory note as maker or indorser, his signature, dot be by mark or in characters other than Roman, shall have no effect unless it is made in the presence of and attested by the Protector of Immigrants, ora Justice, Clerk of the Peace, Warden, Minister of Religion, medical practitioner or gazetted police oflicer or subordinate police oflicer. (2) An attestation shall be in the form following or to the like effeet Signed in my presence this day of 19 by a person Known to me. Signature (3) A person who attests a signature under. this section shall satisfy himself as to the identity of the party signing and that he understands the nature and effect of the instrument. (4) A person shall not be capable of attesting a signature under this section if he has any personal interest in the bill or note or the proceeds thereof, or in any trans- action connected therewith. (5) Any person who has signed, by mark or in characters other than Roman, a pr omissory note as maker or indorser, may affix an inked impression of the external Bills of Exchange. [Ch. 31. No. 5. filament of his right thumb (or if he has no right thumb, then of his left thumb) thereto in the presence of a sub- ordinate police officer in charge of a Police Station; and every such officer shall write thereunder his rank and usual signature, and the date on which, and the station where, the said Impression was affixed, and, if the impression is of the left thumb, shall so specify. When the provisions of this subsection have been duly complied with in relation to the signing as maker or indorser of a promissory note, the provisions of subsections (1) to (4) shall not apply in relation to such signing, 96. (1) The rules in) bankruptcy relating to bills of xchange, promissory notes, and cheques, shall continue to apply thereto notwithstanding anvthing in this Ordinance contained. (2) The rule. of Common Law, including the law merchant, save in so far as they are inconsistent with the ‘xpressed provisions of this Ordinance, shall apply to bills of exchange, promissory note. and cheques. (3) Nothing in this Ordinance shall affect — (a) any law or enactment for the time being in force relating to the revenue ; (b) the provisions of any Ordinance relating to banks or companic, THE SCHEDULE. Form of Protest which may be used when the services of a Notary cannot be obtained. VRINIDAD AND TOonaco. Know ace Men that 1, -f.48. phouscholder], of in the county of , in the above-mentioned Colony, at the request of C.., there being no Notary Public availabic, did on the day of ,19 , at demand payment [or acceptancc] of the bill of exchange hereunder wrilten, from /.4., to which demand he made answer [state ansieer if any] wherefore T now, in the presence of GL, and JW. do protest the said bill of exchange. (Signed) -L/. GAL. JW. N.B.--The bill itself should be annexed, or a copy of the bill, and all that is written thereon should be underwritten. } Witnesse.. (Section 94,) Ordinance chat. Nowe Lato, Talbot lad- myn hands ef consipnee conclusive evidence of shipment, CHAPTER 31. No. 6. BILES OF TADING. AN ORDINANCE RELATING ro Bus or LADING. [ist Qelober, 1804. | 1. This Ordinance may be cited the Bills of Lading Ordinance 2. Every consignee of goods named ina bilbof lading, aud every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have (ransferred to and vested in hint all rights of suit, and be subject to the same liabilities in respect of such goods, as if the contract contned in the bilbof lading had been made with hinsell, 3. Nothing herein contained shall prejudice or affect any ight of stoppage we transitu, or any right to claim freight against the original shipper or owner, or any lability of the consignee or indorsee by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement. 4. every bill of lading in the hands of a consignee or indorsee for valuable consideration represe ting # roods lo have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part ther eof may not have been so shipped, unless such holder of the bill of lading shal] have had actual notice Bills of Lading. [Ch. 31. No. 6. 107 at the dime of receiving the came that the goods had not been in fact laden on board Provided that Che master or other person so signing may cxonerate himself in respect of such musrepresentiation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or of some person toader whom the holder claims, 798 Ch. 31. No.7.} Carriage of Goods by Sea. CHAPTER 31. No. 7. CARRIAGE OF GOODS BY SEA. Ordinance AN ORDINANCE TO AMEND THE LAW WITH RESPECT TO h3l. No.7 Pit . ~« > one THE CARRIAGE OF Goons BY SEA. [22nd April, 1920.} WHEREAS at the International Conference on Maritime Law held at Brussels in October, 1922, the delegates at the Conference, including the delegates representing His Majesty, agreed unanimously to recommend their respective Govern- ments to adopt as the basis of a convention a draft conven- tion for the unification of certain rules relating to bills of lading: AND WHEREAS at a mecting held at Brussels in October, 1923, the rules contained in the said draft convention were amended by the Committee appointed by the said Con- ference: AND WHEREAS it is expedient that the said rules as so amended and as set out with modifications in the Schedule to this Ordinance (in this Ordinance referred to as “the rules ’’) should, subject to the provisions of this Ordinance, be given the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading: BE IT THEREFORE ENACTED, etc. 1. This Ordinance may be cited as the Carriage of Goods by Sea Ordinance. Application 2. Subject to the provisions of this Ordinance, the rules of rules in shall have effect in relation to and in connection with the Carriage of Goods by Sea. [Ch. 31. No. 7. carriage of goods by sea in ships carrying goods from any port in the Colony to any other port whether in or outside the Colony. 3. There shall not be implied in any contract for the carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship. 4. Every bill of lading, or similar document of title, issued in the Colony which contains or is evidence of any contract to which the rules apply shall contain an express statement that it is to have effect subject to the provisions of the said rules as applied by this Ordinance. 5. Article VI. of the rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in the Colony to any other port in the Colony, have effect as though the said Article referred to goods of any class instead . of to particular goods and as though the proviso to the second paragraph of the said Article were omitted. 6. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascer- tained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwith- standing anything in the rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper. 7. (1) Nothing in this Ordinance shall affect the operation of sections 446 to 450, both inclusive, 502 and 503 of the Merchant Shipping Act, 1894, as amended by any subse- quent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels. (2) The rules shall not by virtue of this Ordinance apply to any contract for the carriage of goods by sea made 799 Absolute warranty of seaworthi- ness not to be implied in contracts to which rules apply. Statement as to appli- cation of Tules to be included in bills of lading. Modification of Article VI. of rules in relation to coasting trade, Modification of rules 4and 5 of Article ILI. in rela- tion to bulk cargoes. Saving and operation. Proc. No. 24-1926. 800 Ch. 31. No. 7.| Carriage of Goods bv Sea. before the Ist of January, 1927, nor to any bill of lading or similar document of title issued, whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid. SCHEDULE. Rules relating, to Bills of Lading. AK 1. Definitions. In these rule. the following expressions have the ‘anings hereby assigned to them respectively, that is to say-- (a) carrier includes the owner or the charterer who enters into acontract of carriage with a shipper; (6) contract of carriage " apphes only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charterparty from the moment at which such bill of lading or similar document of title regulates the relations between acarrier and a holder of the came; (c) goods ”’ includes goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried ; (7) ship’? vans any vessel used for the carriage of goods by sea; (ec) carriage of goods — covers the period from the time when the goods i loaded on to the time when they are discharged from the ship. ARTICLE I, Risks, Subject to the provisions of Article V1., under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth. ARTICLE IIT. Responstbilittes and Uabilitie.. 1. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to— (a) make the ship seaworthy; (») properly man, equip, and supply the ship; (c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation. Carriage of Goods by Sea. [Ch. 31. No. 7. 2. Subject to the provisions of Article 1V., the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. 3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things— (a) the leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contaiaed, in such a manner as should ordinarily remain legible until the end of the voyage; (b) either the number of packages or pieces, or the quantity or weight, as the case may be, as furnished in writing by the shipper; (c) the apparent order and condition of the goods: Provided that no camer, master or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. 4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with para- graph 3 (a), (6) and (ce). 5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inac- curacies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. 6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection. In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. T.— IV. 51 801 802 Ch. 31. No. 7.] Carriage of Goods by Sea. 7. After the goods are loaded the bill of lading to be issued by the carner, master or agent of the carrier, to the shipper shall, if the shipper so demands, be a “‘ shipped ”’ bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the ‘‘ shipped ’’ bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the Name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a ‘‘ shipped ”’ bill of lading. 8. Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with goods arising from negligence, fault or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in these rules, shall be null and void and of no effect. A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from liability. ARTICLE IV. Rights and immunities. 1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carmer to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and te make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III. Whenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this section. 2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from— (a) act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship; (5) fire, unless caused by the actual fault or privity of the carrier; (c) perils, dangers and accidents of the sea or other navigable waters; (d) act of God; (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers or people, or seizure under legal process; (4) quarantine restrictions; Carriage of Goods by Sea. (Ch. 31. No. 7. (4) act or omission of the shipper or owner of the goods, his agent or representative ; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause whether partial or general; (k) riots and civil commotions; (2) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (0) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage. 3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants, 4. Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or breach of these rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom. 5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding $480 per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or conclusive on the carrier. By agreement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figure above named. Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading. 6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. 1 (2) 803 804 Ch. 31. No. 7.] Carriage of Goods by Sea. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without ability on the part of the carrier except to gencral average, if any. ARTICLE V. Surrender of rights and immunities, and increase of responsibilities and liabtltties. A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and habilities under the rules contained in any of these Articles, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper. The provisions of these rules shall not be applicable to charterpartic. , but if bills of lading are issued in the case of a ship under a charterparty they shall comply with the terms of these rules. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average. ARTICLE VI. Special conditions, Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier, and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carmer for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the leading, handling, stowage, carriage, custody, care, and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such. Any agreement so entered into shall have full legal effect: Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed, are such as reasonably to justify a special agreement. ARTICLE VII. Limitations on the application of the rules. Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea. Carriage of Goods by Sea. [Ch. 31. No. 7. 805 ARTICLE VIII. Limitation of liability, The provisions of these rules shall not affect the rights and obligations of the carrier under any Ordinance for the time being in force relating to the limitation of the liability of owners of sea-going vessels. ARTICLE IX. The monetary units mentioned in these rules are to be taken to be gold value. 806 Ch. 31. No. 8.] Bills of Sale. CHAPTER 31. No. 8. BILLS OF SALE. Ordinance | AN ORDINANCE RELATING TO BILLS OF SALE. . . 0.6-— 1940. Commence- [18th June, 1925.] ment. Short title. 1. This Ordinance may be cited as the Bills of Sale Ordinance. Application 2, This Ordinance shall apply to every bill of sale of Ordinance. (whether the same be absolute, or subject or not subject to any trust) whereby the holder or grantee has power, either with or without notice, and either immediately or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale. Interpre- 3. In this Ordinance— tation. “bill of sale’ includes bills of sale, assignments, transfers, declarations of trust without transfer, inven- tories of goods with receipt thereto attached, or receipts for purchase moneys of goods, and other assurances of personal chattels, and also powers of attorney, authorities, or licences to take possession of personal chattels as security for.any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon, is conferred; but shall not include the following documents, that is to say, deeds whereby any live stock or dead stock or other chattels shall be conveyed or mortgaged together with any Bills of Sale. [Ch. 31. No. 8. plantation or lands, assignments for the benefit of the creditors of the person making or giving the same, marriage settlements, assignments of any ship, vessel, boat, or craft of any description or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods not in the Colony, bills of lading, India warrants, warehouse- keepers’ certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods authorising or purporting to authorise either by endorsement or by delivery the possessor of such document to transfer or receive goods thereby repre- sented; “ mortgage bill of sale ’’ means any bill of sale given by way of security for the payment of money; “personal chattels ’’ means goods, furniture, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures; but shall not include chattel interests in real estate, nor fixtures when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops, nor shares or interests in the stock, funds, or securities of any government or in the capital or property of incorporated companies, nor things in action, nor any live or dead stock or produce upon any plantation which by virtue of any covenant or agreement ought not to be removed from the plantation where the same are at the time of the making or giving of such bill of sale; “ Registrar ’’ means the Registrar General. 4. Every attornment, instrument, or agreement whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any present, future, or contingent debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale within the meaning of this Ordinance of any personal chattels which may be seized or taken under such power of distress: Provided that 807 Certain instruments giving powers of distress to be subject to this Ordinance. 808 Fixtures or growing crops not to be deemed separately assigned. Bill of sale to have sche- dule of property attached. After- acquired property. Exception. Bill of sale to be void unless attested and Tegistered. Ch. 31. No. 8.] Bills of Sale. nothing in this section shall extend to any mortgage of any estate or interest in any lands or tenements which the mortgagee, being in possession, shall have demised to the mortgagor as his tenant at a fair and reasonable rent. 5. No fixtures shall be deemed, under this Ordinance, to be separately assigned or charged by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed without otherwise taking possession of or dealing with such land or building, if by the same instrument any freehold or leasehold interest in the land or building to which such fixtures are affixed is also conveyed or assigned to the same persons or person. 6. Every bill of sale shall have annexed thercto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale; and such bill of sale, save as hereinafter mentioned, shall have cffect only in respect of the personal chattels specifically described in the said schedule, and shall be void, except as against the grantor, in respect of any personal chattels not so specifically described. 7. Save as hereinafter mentioned, a bill of sale shall be void, except as against the grantor, in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale. 8. Nothing contained in this Ordinance shall render a bill of sale void in respect of any fixtures separately assigned or charged, where such fixtures are used in, attached to, or brought upon any land, plantation, factory, workshop, shop, house, warehouse, or other place in substitution for any of the like fixtures specifically described in the schedule to such bill of sale. 9. Every bill of sale and every transfer or assignment thereof shall be duly attested and shall be registered within seven clear days after the execution thereof, or if it is Bills of Sale. [Ch. 31. No. 8. executed in any place out of the Colony, then within seven clear days after the time at which it would in the ordinary course of post arrive in the Colony if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale, transfer, or assignment shall be void in respect of the personal chattels comprised therein. 10. Personal chattels assigned under a mortgage bill of sale shall not be liable to be seized or taken possession of by the grantee for any other than the following causes :— (a) if the grantor makes default in payment of the sum or sums of money thereby secured at the time therein provided for payment, or in the performance of any covenant or agreement contained in the mortgage bill of sale and necessary for maintaining the security ; (o) if the grantor becomes a bankrupt, or suffers the said goods or any of them to be distrained for rent, rates, or taxes; (c) if the grantor fraudulently cither removes or suffers the said goods, or any of them, to be removed from the premises; (d) if the grantor, without reasonable excuse, upon demand in writing by the grantee, fails to produce to him his last receipts for rent, rates, and taxes; (e) if execution has been levied against the goods of the grantor under any judgment at law: Provided that the grantor may, within five days from the seizure or taking possession of any chattels on account of any of the above-mentioned causes, apply to the Supreme Court or to a Judge thereof in Chambers, and such Court or Judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may make such other order as may seem just. 11. A mortgage bill of sale shall be void, except as against the grantor, unless made in accordance with the form in the First Schedule hereto: Provided that no variation of such form shall render a bill of sale void if the Court shall be satisfied that such variation was accidental or due to 809 Power to seize chattels. Form. 810 Execution and regis- tration, Bill of sale under $48. Chattels not to be removed or sold. Rates and taxes. Ch. 31. No. 8.] Bills of Sale. inadvertence or to some other sufficient cause and is not of a nature to prejudice the rights of third parties. 12. Every bill of sale shall be executed, attested, and registered under this Ordinance in the following manner :— (a) such bill of sale shall be executed by the grantor in the presence of such persons and attested and subscribed in such manner as by the law for the time being in force is necessary to render it capable of registration as a deed; (0) every schedule or inventory annexed to a bill of sale or referred to therein shall be registered with such bill of sale, otherwise the registration shall be void; (c) if the bill of sale is made or given subject to any defeasance or condition or declaration of trust not contained in the body thereof, such defeasance, con- dition, or declaration shall be deemed to be part of the bill, and shall be written on the same paper or parch- ment therewith before the registration, otherwise the registration shall be void. In case two or more bills of sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels. 13. Every mortgage bill of sale made or given in con- sideration of any sum under forty-eight dollars shall be void. 14. All personal chattels seized or of which possession is taken under or by virtue of any mortgage bill of sale shall remain on the premises where they were so seized or so taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day they were so seized or so taken possession of, 15. A mortgage bill of sale to which this Ordinance applies shall be no protection in respect of personal chattels included in such bill of sale which but for such bill of sale would have been liable to distress for the recovery of rates or 1aXxe.. Bills of Sale. [Ch. 31. No. 8. 811 16. When a subsequent bill of sale is executed within or on the expiration of seven days after the execution of a prior unregistered bill of sale and comprises all or any part of the personal chattels comprised in such prior bill of sale, then if such subsequent bill of sale is given as a security for the same debt as is secured by the prior bill of sale, or for any part of such debt, it shall, to the extent to which it is a security for the same debt or part thereof, and so far as respects the personal chattels or part thereof comprised in the prior bill, be absolutely void, unless it is proved to the satisfaction of the Court having cognisance of the case that the subsequent bill of sale was bond fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance. 17. The registration of a bill of sale must be renewed once at least every three years, and if a period of three years clapses from the registration or renewed registration of a bill of sale without a renewal or further renewal (as the case may be), the registration shall become void. The renewal of a registration shall be effected by registering an affidavit stating the date of the bill of sale and of the last registration thereof, and the names of the parties thereto as stated therein, and that the bill of sale is still a subsisting security. Every such affidavit may be in the form set forth in the Second Schedule hercto. 18. Any Judge of the Supreme Court, on being satisfied that the omission to register a bill of sale or an affidavit of rencwal thereof within the time prescribed by this Ordi- nance was accidental or due to inadvertence, may, in his discretion, extend the time for such registration on such terms and conditions (if any) as to security, notice by adver- tisement or otherwise, or as to any other matter, as he thinks fit to direct. 19. On the production of a receipt or memorandum signed by the grantee, his executors, administrators, or assigns, acknowledging that the debt for which any mortgage bill of sale was made or given has been satisfied or discharged, the signature or signatures of such grantee, his executors, administrators, or assigns, being duly attested by one Avoidance of certain duplicate bills of sale. Renewal of registration. Rectification of register. Entry of satisfaction. S12 Ch. 31. No. 8.] Bills of Sale. Witness at least and verified by the affidavit or solemn declaration of such witness, the Registrar ‘shall endorse upon or annex to such mortgage bill of sale an entry to the effect that such bill of sale is discharged and the same shall be deemed to be discharged accordingly. 20. Every affidavit or solemn declaration required by or for the purposes of this Ordinance may be sworn before any person empowered to take affidavits or solemn declarations required for the registration of deeds by the law for the time being in foree in the Colony, 21. When the time for registering or renewing the registration of a bill of sale expires ona Sunday, or other day on which the Registrar's office is closed, the registration shall be valid if made on the next following day on which the oflice Is open. 22. (1) The fees set out in the Third Schedule hereto shall be paid to the Registrar. All fees received by the Registrar under this Ordinance shall be accounted for in the same manner as any other fees received by him by virtue of his office. SCHEDULES. FIRST SCHEDULE. Mortgage Bill of Sale. Tuts Dern nade the day of , 19, between ALB. of of the one part and C.D. of of the other part WITNESSETH that in consideration of the sum of § now paid to -.#. by C.D., the receipt of which the said A.B. hereby acknowledges [or whatever else the consideration may be), he the said 4.8. doth hereby assign unto C.D., his executors, administrators, and assigns, All and singular the several chattels and things specitically described in the Schedule hereto by way of security for the payment of the sum of $ and uiterest thereon at the rate of per centum per annum [or whatever else may be the vate of interest or without interest as the case may be). And the said A.B. doth further agree and declare that he will duly pay to the said C.D. the principal sum aforesaid [if interest: provided for, add], together with the interest then due by equal payments of § on the day of » 19° [or whatever else may be the stipulated times or time for payment]. And tho said A.B. Bills of Sale. [Ch. 31. No. 8. doth also agree with the said C12. that he will [Aece insert lerms as fo insurance, favment of rent, or otherwise, which the parties may agree to for the maimlenance v defeasance of the security). Provided always, that the chatlels hereby assigned shall not be liable to seizure or to be taken possession of by the said CL). for any cause other thin those specified in this behalf in the Billy of Sale Ordinance. In witness, otc. SECOND SCHEDULE. Affidavit of Registration. 1, AK, of do swear that a bill of sale, bearing date tho day of ~ 19 . and made between [assert the names of the fartics in the original till of sale], and which sud bill of sale was registered on the day of 19) [énsert date of registrafion|, ix still a subsisting security. Sworn, atc. THIRD SCHEDULE. Fees. The following fees shall be paid to the Registrar, namely: On registering any bill of sale, transfer, or assignment: by which any property is sold, mortgaged or assigned, when the consideration money expressed to be paid does not exceed $120 1.20 And when such consideration money exceeds the sum of $120 and does not exceed the sum of $240 2.40 And when such consideration money exceeds the sum of $240 4.80 On the affidavit or instrument used for the purpose of re-registering or discharging a bill of sale or bills of sale, in respect of each bill of sale so re-registered or discharged When the consideration money does not exceed the sum of $120 0.00 When the consideration money exceeds the sum of $120 | 1.20 813 (Section 17.) (Section 22, Ordinanee Chi3l No.o- 19-40, Interpre- tation. CHAPTER 31. No. 9. SALE OF GOODS. AN ORDINANCE RELATING TO THE SALE OF Goons. [1st October, 1895.] 1. This Ordinance may be cited as the Sale of Goods Ordinance. 2. (1) In this Ordinance— “action includes counterclaim and set-off; buyer means a person who buys or agrees to buy goods ; contract of sale includes an agreement to sell as well as a sale; delivery means voluntary transfer of possession from one person to another; document of title to goods includes any bill of lading, dock warrant, warchouse-keeper’s certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of the docu- ment to transfer or receive goods thereby represented ; fault ’’ means wrongful act or default ; “future goods means goods to be manufactured or acquired by the scller after the making of the contract of sale; goods includes all chattels personal other than things in action and money; the term includes emble- Sale of Goods. [Ch. 31. No. 9. ments, industrial growing crops, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale; “ plaintiff ’’ includes defendant counterclaiming ; “property ’’ means the general property in goods, and not merely a special property; “ quality of goods ”’ includes their state or condition, “sale ’’ includes a bargain and sale, as well as a sale and delivery ; seller ’’ means a person who sells or agrees to sell goods; “ specific goods means goods identified and agreed upon at the time a contract of sale is made; “ warranty ’’ means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. (2) A thing is deemed to be done “in good faith within the meaning of this Ordinance when it is in fact done honestly, whether it be done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not. (4) Goods are in a deliverable state within the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take delivery of them. PART I. FORMATION OF THE CONTRACT. Contract of sale. 3. (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the 815 Sale and agrecinent to sell. 816 Contract of sale for $58 and upwards to bein writing. Ch. 31. No. 9.] Sale of Goods. price. There may be a contract of sale between one part owner and another. (2) A contract of sale may be absolute or conditional. (3) Where, under a contract of sale, the property in the goods is transferred from the seller to the buyer, the contract is called a sale; but where the transfer of the pro- pert y in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses, or the conditions are fulfilled subject to which the property in the goods is to be transferred, 4. Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property: Provided that where necessaries are sold and delivered to an infant or to a person who, by reason of mental incapacity or drunkenness, is incompetent to con- tract, he must pay a reasonable price therefor. Nece. caries in this section mean goods suitable to the condition in life of such infant or other person and to his actual requirements at the time of the sale and delivery. Irormalitics of the contract. 5. Subject to the provisions of this Ordinance and of any Ordinance in that behalf, a contract of sale may be made in writing (cither with or without seal) or by word of mouth, or pi artly i in writing and partly by word of mouth, or may be imphed from the conduct of the parties; Provided that nothing in this section shall affect the law relating to corporations, 6. (1) A contract for the sale of any goods of the value of forty-eight dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or Ins agent in that behalf. ‘tween one part or conditional. property in the the buyer, the aster of the pro- > time or subject ‘d, the contract e when the time ‘ct to which the I by the general to transfer and ‘essaries are sold tho, by reason of mpetent to con- for, suitable to the ‘rson and to his and delivery. nance and of any > may be made in vord of mouth, or routh, or may be Provided that law relating to ds of the value of x enforceable by of the goods so ive something in iyment, or unless the contract be -ged or his agent Sale of Goods. (Ch. 31. No. 9. (2) The provisions of this section apply to every such contract, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or lit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a_ pre-existing contract of sale, whether there be an acceptance in) performance of the contract or not, Subject maticr of contract. 7. (1) The goods which form the subject ofa contract of ‘ale may be cither existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller aller Che making of the contract of sale, in this Ordinance “alled “ future goods.” (2) There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contin- geney which may or may not happen. (3) Where, by a contract of sale, the seller purports to effect a present sale of future goods, the contract operates san agreement to sell the goods. 8. Where there is a contract for the sale of specific goods, and the goods, without the knowledge of the seller, have perished at the time when the contract is made, the contract is vord, 9. Where there is an agreement to sell specific goods, and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided. The price. 10. (1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in manner thereby T.—Iv. 52 817 I xisting or future goads. Sale of perished goods, Goods erishing fore sale but after agreement. Ascertain- ment of price. 818 Agreement to sell at valuation, Ch. 31. No. 9.] Sale of Goods. agreed, or may be determined by the course of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions, (he buyer must pay a reason- able price, What is a reasonable price is a question of fact dependent on the circumstances of cach particular case. 11. (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and such third party cannot or does not make such Valuation, the agreement is avoided. Provided that if the goods or any part thereof have been delivered to and appro- priated by the buyer, he must pay a reasonable price therefor, (2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintam an action for damages against the party in fault. Conditions and warrantics, 12. (1) Unless different intention appears from the terms of the contract, sUpulations as to time of payment are not deemed to be of the essence of a contract of sale, Whether any other stipulation as to time is of the -ssence of the contract or not depends on the terms of the contract. (2) Inacontract of sale month = means primé facie salendar month. 13. (1) Where a contract of sale is subject to any con- dition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition asa breach of warranty, and not asa ground for treating the contract as repudiated. (2) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. Sale of Goods. |Ch. 31. No. 9. (3) Where a contract of sale is not severable, and the buver has accepted the goods or part thereof, or where the contract is for specific goods, the property in which has passed to the buyer, the breach of any condition to be fulfitled by the seller can only be treated as a breach of ‘arranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract express or implied to that effect. (4) Nothing tn this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise. 14. Jn a contract of sale, unless the circumstances of the contract ave such as to show a different intention, there is (a) an impled condition on the part of the seller that in the case of a sale he has a right to sell the goods, and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is ta pass, 2) implied warranty that the buyer shall have and enjoy quict possession of the goods; (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party, not declared or known to the buyer before or at the time when the contract is made. 15. Where there is a contract for the sale of goods by deseription, there is an implied condition that the goods shall correspond with the deseription; and if the sale be by sumple as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description, 16. Subject to the provisions of this Ordinance and of any Ordinance in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except as follows :— (a) where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the 52 (2) 819 Implied undertaking as to title, etc, Sale by description. Implied condition as to quality or fitness. to 0) Ch. 31. No. 9.] Sale of Goods. buyer relics on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that in the case of a contract for the sale of a specified article under its patent or other trade naune, there is no implied condition as to its fitness for any particular purpose ; (6) when goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined {he goods, there shall be no implied condition as regards defects which such examination ought to have revealed ; (c) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade; (7) an expre. warranty or condition does not negative a warranty or condition implied by this Ordinance unless inconsistent therewith. Sale by sample. 17. (1) A contract of sale is a contract for sale by sample where there is term in the contract, express or implied, to that effect. (2) In the case of a contract for sale by sample, there (a) an implied condition that the bulk shall corres- pond with the sample in quality; (6) an imphed condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample ; (c) an implied condition that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. Sale of Goods. [Ch. 31. No.9. 821 PART ITT. EFFECTS OF THE CONTRACT. Transfer of property as between seller and buyer. 18. Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. 19. (1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard should be had to the terms of the con- tract, the conduct of the parties, and the circumstances of the case. 20. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer: I. Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed. II. Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing be done, and the buyer has notice thereof. III. Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascer- taining the price, the property does not pass until such act or thing be done, and the buyer has notice thereof. IV When goods are delivered to the buyer on approval or “ on sale or return,” or other similar terms, the property therein passes to the buyer— (a) when he signifies his approval or acceptance Property in unascer- tained goods does not pass. Property in specific or ascertained goods passes when intended to pass. Rules for ascertaining intention as to time when property passes. 822 Reservation of right of disposal. Ch. 31. No. 9.] Sale of Goods. to the seller or does any other act adopting the transaction; (0) if he does not signify his approval or accept- ance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact. Vi) Where there is a contract) for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer er. Such assent may be xpress or implied and may be given either before or after the appropriation is made. (ti) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is de emed to have unconditionally appropri: ated the goods to the contract. 21. (1) Where there is a contract for the sale of specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, not- withstanding the delivery of the goods to the buyer, or to i carrier or other bailee or custodier for the purpose of trans- mission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal. (3) Where the seller of goods draws on the buver for the price, and transmits the bill of exchange and _ bill of Sale of Goods. [Ch. 31. No. 9. lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him. 22. Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of cither buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also, that nothing in this section shall affect the duties or liabilities of cither seller or buyer as a bailee or custodier of the goods of the other party. Transfer of title. 23. (1) Subject to the provisions of this Ordinance, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell, (2) Provided that nothing in this Ordinance shall affect — (a) the provisions of any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; (b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. 24. When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title. 823 Risk primé facie passes with property. Sale hy person not the owner. Sale under voidable title. 824 Ch. 31. No. 9.] Sale of Goods. Revesting of property in stolen goods on convic- tion of offender, Seller or buyer in after sale. Effect of writs of execution, 25. (1) Where gocds have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner of the goods, or his personal representative, notwithstanding any intermediate dealing with them, whether by sale or otherwise. (2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrongful means not amounting to larceny, the property in such goods shall not revest in the person who was the owncr of the goods, or his personal representative, by reason only of the conviction of the offender. 26. (1) Where a person having sold goods continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. (2) Where a person having bought or agreed to buy goods obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person recciving the same in good faith and without notice of any licen or other right of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the owner. (3) In this section the term ‘“ mercantile agent means a mercantile agent having, in the customary course of his business as such agent, authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods. 27. (1) A writ of fiert facias or other writ of execution against goods shall bind the property in the goods of the execution debtor as from the time when the writ is delivered Sale of Goods. [Ch. 31. No. 9. to the Marshal to be executed; and, for the better mani- festation of such time, it shall be the duty of the Marshal, without fee, upon the receipt of any such writ to endorse upon the back thereof the hour, day, month, and year when he received the same: Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such person had, at the time when he acquired his title, notice that such writ or any other writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the Marshal. (2) In this section the term “ Marshal ”’ includes any officer charged with th enforcement of a writ of execution. PART ITI. PERFORMANCE OF THE CONTRACT. 28. It is the duty of the seller to deliver the goods, and the buyer to accept and pay for them, in accordance with the terms of the contract of sale. 29. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods. 30. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he has one, and if not, his residence: Provided that if the contract be for the sale of specific goods which, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery. 825 Duties of seller and buyer. Payment and delivery are con- current conditions. Rules as to delivery. 826 Delivery by instalments. Ch. 31. No. 9.] Sale of Goods. (2) Where, under the contract of sale, the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession ofa third person, there is no delivery by seller to buver unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (+) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unle. otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. 31. (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate. (2) Where the seller delivers to the buyer a quantity of goods Targer than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract tate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different des- cription not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4+) The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties. 32. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments Sale of Goods. [Ch. 31. No. 9. 827 (2) Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instal- ments, it is a question in each case, depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of a whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. 33. (1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buver, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facte deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. Tf the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delive ry to himself, or may hold the seller responsible in damage. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sca transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure “them during their sea transit, and if the seller fails to do so the goods shall be deemed to be at his risk during such sea transit. 34. Where the seller of the goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer must, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods neces- sarily incident to the course of transit. 35. (1) Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have Delivery to carrier, as buver's agent. Risk where goods are delivered elsewhere than at place of sale. Buyer’s right of examining the goods. 828 Unpaid seller detined. Ch. 31. No. 9.] Sale of Goods. accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascer- tainting whether they are in conformity with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are In conformity with the contract. 36. The buver is deemed to have accepted the goods when he intimate to the seller that he has accepted them, or when the goods have been delivered to him and he does any act ins relation to them which is inconsistent with the ownership of the seller, or when after the lapse of a reason- able time he retains the goods without intimating to the seller that he has rejected them. 37. Unless otherwise agreed, where goods are delivered to the buver and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient ihe intimates to the seller that he refuses to accept {hem. 38. When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buy er does not, within a reasonable time after such request, take delivery of the goods, he is liable to the seller for any loss occasioned by his hegleet or refusal to take delivery, and also fora reasonable charge for the care and custody of the goods: Provided that nothing in this section shall fect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts toa repudiation of the contract, PART IV Ricgurs oF UNPALD SELLER AGAINST THE Goons. 39. (1) The seller of goods is deemed to be an unpaid seller" within the meaning of this Ordinance (a) when the whole of the price has not been paid or tendered , Sale of Goods. [Ch. 31. No. 9. (6) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Part of this Ordinance the term — seller’ includes any person who is in the position ofa seller, as for instance, an agent of the seller to whom the bill of lading has been indorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price. 40. (1) Subject to the provisions of this Ordinance and of any Ordinance in that behalf, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law—- (a) alien on the goods or right to retain them for the price while he is in possession of them ; (6) in case of the insolvency of the buyer, a right of stopping the goods tm transit after he has parted with the possession of them ; (c) a right of re-sale as limited by this Ordinance, (2) Where the property in goods has not passed to the buyer, the unpaid seller has, inaddition to his other remedic, , aright of withholding delivery similar to and co-extensive with his right of lien and stoppage a ¢ransita where the property has passed to the buyer. Unpaid seller's lien. 41. (1) Subject to the provisions of this Ordinance, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namcly (a) where the goods have been sold without any stipulation as to credit ; (6) where the goods have been sold on credit, but the term of credit has expired ; (c) where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwith- standing that he is in possession of the goods as agent or bailee or custodier for the buyer. 829 Rights of unpaid seller, Seller's lien, 830 Ch. 31. No. 9.] Sale of Goods. 42. Where an unpatd seller has made part delivery of the goods, he may oxereise his right of lien or retention on the remainder unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention. 43. (1) The unpaid seller of goods loses his lien or right of retention thereon (@) when he delivers the goods to a carrier er other hailee or custodier for the purpose of transmission to the buyer without reserving the right of disposal of the goods, (b)} when the buyer or his agent lawfully obtains possession of the goods, (c) by waiver thereol, (2) The unpaid seller of goods, having a lien or right of retention thereon, doe. not lose his hen or right) of retention by reason only that he has obtained judgment or decree for the price of the goods, Stoppage in transitu. 44. Subject to the provisions of this Ordinance, when the buver of goods become. insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them fa dransitu, that is to say, he may resume possession of the goods long as they are in course of transit, and may retain then until payment or tender of the price. 45. (1) Goods are deemed to be in course of transit: from the time when they are delivered to a carrier by land or water, or other bailee or custodier, for the purpose of transmission to the buver, until the buyer, or his agent in that behalf, take. delivery of them from such carrier or other bailee or custodier. (2) If the buyer or his agent in that behalf obtains lelivery of the goods before their arrival at the appointed destination, the transit is at an end. (3) Hf, after the arrival of the goods at the appointed destination, the carrier or other bailee or custodier ack- Sale of Goods. (Ch. 31. No. 9. nowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee or custodier for the buyer or his agent, the transit is at an end, and it is immaterial that a further destination for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer, and the carrier or other bailee or custodier continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer. (6) Where the carrier or other bailee or custodier wrongfully refuses to deliver the goods to the buyer, or his agent in that behalf, the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped 7 éransitu, unless such part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods, 46. (1) The unpaid seller may exercise his right) of stoppage mm transiiu cither by taking actual possession of the goods, ot by giving notice of his claim to the carrier or other bailee or custodier in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstance. that the principal, by the exercise of reasonable diligenc may communicate it to his servant or agent in time to prevent a delivery to the buyer. (2) When notice of stoppage 7” transitu is given by the seller to the carrier, or other bailee or custodier in possession of the goods, he must re-deliver the goods to, or according to the directions of, the seller. The oxpense. of such re-delivery must be borne by the seller. Re-sale bv buver or seller 47. Subject to the provisions of this Ordinance, the unpaid seller’s right of lien or retention or stoppage im 831 Tlow stop- page tn transttu is effected. Etfect of sub-sale or pledge by buyer. Action for tr wee, Ch. 31. No. 9,] Sale of Goods. franstticis not affected by any sale or other disposition of the goods which the buyer may have made, unle. the seller has assented thereto: Provided that where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document toa person who take. the document in good faith and for valuable consideration, then, if such last-mentioned transfer was by way of sale, the unpaid seller's tight of tien or retention or stoppage i transits defeated, and if such last-mentioned transfer was by wav of pledge or other disposition for value, the unpaid seller right of lien or retention or stoppage m transit can only be exereised subject to the rights of the transferee. 48. (1) Subject te) the provisions of this section, a contract of sale is not rescinded by the metre sxereise by an unpaid seller of his right of Ten or retention or stoppage m™m transitu, (2) Where an unpaid: seller who hi exeretsed his right of lien or retention or stoppage de dransiti ve-sclls the goods, the buyer acquire good title thereto as against the original buyer (3) Where the goods are of perishable nature, or where the unpaid seller give. notice to the buyer of his Intention tare -sell, and the buyer does pot within a reasonable time pay or tender the price, the unpaid seller may re-sell the goods ind recover from the original buyer damages for any loss occasioned by his breach of contract. (4) Where the seller expressly reserve. ao right’ of revale ine the buyer should mi tke default, and on the buyer making default, re-sells the goods, the original contract of sale is thereby rescinded, but without prejudice to any chum the seller may have for damage. PART V ACTIONS FOR BREACH OF ‘TITE CONTRACT, Remedies of the seller 49. (1) Where, under a contract of sale, the property in the goods has passed to the buyer, and the buyer wrongfully Sale of Goods, Gh. 31. No.9. negleets or refuse to pay for the goods according bo the terms of the contract, the seller may maint an action ham for the price of the goods. (2) Where under vet oat sale the price ts peo cable ona certain day irrespective of delivery and the buyer wrongfully negleets or refuses. to pay such price, the seller may maintain an action for the price, although the property in Che goods las net passed and the goods have not been appropriated to Che contract 50. (1) Where the buyer wrongfully neglects ar refuses ¢o accept and pay for the goods, the seller may maintain an aetton against him for dame os for non-aceeplanee, (2) The measure of damage. is the ostimated) los. sirect It and naturally tesulting, in the ordinary course of vents, from the buyer's breach of contract (3) Where there is an avathlable market for the goods in question, the measure of damage is primd facte to be ascertained by the difference between the contract: price and the market or current price of the goods at the time or Cimes when they ought to have been accepted, or, if ne time was fixed for acceptance Chen at the dime of the refusal fo accept. Remedies of the buyer 51. (1) Where the seller wrong filly neglects or refuses to deliver the goods to the buyer, the buyer May maintain an action against the seller for damages for non-delivery. (2) The measure of damages is the ostimated: loss direcHly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract. (3) Where there is an availible market for the goods in question, the measure of damages is primd facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time oi times when they ought to have been delivered, or, ff no time was fixed, then at the Gime of the refisal to deliver, 52. In any action for breach of contract: to) deliver specific or ascertained goods the court may, if it thinks (it, T.---IV. 33 833 Action for non-delivery Specific por formance, 83+ Kemedy for breach of wartanty, Inte ot and speed dhimaires, Ch. 31. No.9. Sale of Goods, on the application of the plaintift, by its Judgment or dectec direct that) the contract shall) be performed) specifically without giving the defendant the option of retaming: the seods on payment of dam. Phe judgment or deeree ny be unconditional, er upon such terms and conditions to damage pavinent of the price, and otherwise, to ecourt may seem just, and the appheation by the plantitt wWobe made at any Gime belore judgment or decree 53. (1) Where there is a breach of warranty by the seller, ovo where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer ts net by reason only of such breach of warranty entitled to reject the goods, but he may (a) set up against the seller the breach of warrants in diminittion or oxtinetion of the price or (6) maintain an action against the seller for damages lor the breach of warranty (2) Phe measure of damages tor breach of warranty is the sstimated: loss directly and naturally resulting, in the ordinary course of events, from: Che breach of wi wranty (3) Inthe case of breach of wartanty of quality. such loss is promad fucte the difference between the value of the goods at the Gime of delivery to the buyer and the value they would have had if they he id answered to the warranty (#4) The fact that the buyer has set up the breach of carranty in dinunudion or oxtinetion of the price dees not prevent him from oomiauntaining an aetion for the ame breach of warranty the has suffered farther dam: ge. 54. Nothing in this Ordinance shall afect the right of the buyer or se Her to recover interest or speckuh damages 1 any cas where, by law, mterest or special damages may be recoverable, or Co recover money paid: where the considera- tion for the payment of it has tailed. Sale of Goods. iCh. 31. No. 9. 835 PART VI. SUPPLEMEN FARY 55. Where any right, duty, liability would arise under Variation, wecontoaet of sale by implication of ku, tt ane be negatived viaje op varied by expre agreement or by the course of dealing: oshe. between Che partie. or by usage, if the age be such as to bind both parties to the contract 56. Where, by this Ordinanee, any relerence is made 0 Beans reasonable time, Che question what is are: able time i. question of fact, 57. Where any right, duty, or liability is declared by thes Ordinanee, to may, unless otherwise by this Ordinance provided, be enforced by action, 58. lithe case of sale by auetion, Aue tins . ater, (a) where goods are puto up for cale by auetion in lots, cach lot is primd facte deemed to be the subject of weseparate contract ol sale ; (6) asale by auetion ts complete when the auctioneer Jnnounces its completion by Che fatlof (he hammer, or in-other customary manner; until such aianmouncement ismade any bidder may vedract his bid, (c) where a sale by auction is not notificd to be sub- ject toa right to bid on behalf of the seller, it shall not be Lawful for the seller to bid) himself or to employ any person to bide at such sale, or for the auetioneer know: ingly to take any bid from: Che seller or any such person, any sale contravening this rule may be treated as fraudulent by the buyer: (4) ale by auetion may be notified to be subject toa reserved or upset price, and aright to bid miay also be reserved expressly by or on behalf of the seller. Where a right to bid) is) expressly reserved, but not otherwise, the seller or any one person on his behalf, may hid at the anetion, 53 (2) tr Ch. 31. No. 9.] Sale of Goods. 59. (1) Phe rules in bankruptey relating to contracts of sale shall) continue to apply thereto notwithstanding auvehing in this Ordinance contained (2) The rules of the Common Law, including the law merchant, in so farias they are inconsistent with the ‘Xpress provistons of Chis Ordinance and i particular the rules relating to the law of princtpal and agent and. the effect. of fraud, mistrepresentation, duress or coercion, mistake, or other tavalidating cause, shall continue to apply to contracts for the sale of goods. (3) Nothing in this Ordinance shall affect the enact ments relating to bills of cale or any other enactment relating te the sale of goods. (4) The provisions of this Ordinance relating te contracts ef sale do net apply te any transaction ino the lorm of a contract of sale which is intended to operate by wav of mortgage, pledge, charge, or other security. g fo contracts of notwithstanding iIneluding the law nsistent with the In particular the doagent. and the ress Or coercion, hall continue te Laffect the enact other enactment ance relating to ransaction in the led to operate by security Auctioneers. No. 10. {Ch. 31. CHAPTER 31. No. 10. V\UCTIONEERS. AN ORDINANCE RELATING TO] AUCTIONERRS. loth October, 1913.] This Ordinance may be cited the Auctioneers Ordinance, 2. Every person who exercises or carries on the busine, of an anetioncer, or who acts tn such capacity at any sale. and every person who sells or offers for cale any goods. chattels, lands, or any interest therein, at any sale where any person becomes the purchaser of the same by competi tion, and being the highest bidder either by being the single bidder or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer, or other person at such sale, or by any other mode of sale by competition, shall be deemed to be an auctioneer, 3. No person shall, except as hereinafter provided, carry on the business of an auctioneer unless he has obtained from the Commissioner of Inland Revenue a licence in Che form in the First Schedule hereto. 4. Every such licence shall continue in force from the day on which it is granted until the 31st of December next ensuing, and shall be subject: to such conditions as are therein specified. 837 Orelnaneces Chiat, Neo -19d0, 5. (Obs, Conmmence- nent Short Gitle. Dennition of auctioneer, Licence necessiry, tat Schedule. Durativn and condi- tions of licence. N3N Liccace duty. Con.mis: sion ol Inland Revenue mas refuse 10 issue licenee, and may attach conditions and may cancel licenee List of licensecl auctioneer: to be published Penalty for acting without licence Board con- taining name and place ot business of auctioneer. Ch. 31. No. 10.| A uctioncer, 5. (1) The amount payable to the Commissioner of Inland Revenue for every such licence shall be $24: Pro- vided that in the case of a person who at the commencement of this Ordinance held a general certificate as a bailiff under the Landlord and Tenant Ordinance, and the rules made or in force thereunder, the annual amount payable by him for an auctioncer’s licence shall, so long as he holds such a certificate continuously, be $2.40. (2) All such amounts shall form part of the general revenue of the Colony 6. (1) The Commissioner of Inland Revenue may retuse to grant any such licence, and may, in his discretion, attach such conditions thereto as he may deem expedient, and may ‘ancel such licence in the event of the breach of any such condition being proved to his satisfaction. (2) The Commissioner of Inland Revenue shall not grant a licence to a pawnbroker as defined by the Pawn- brokers Ordinance, or to any servant, apprentice, or agent of a pawnbroker. 7. The Comnussioner of Inland Revenue shall, at the beginning of every month, cause to be published in the Royal Gazette and in one or more of the local newspapers list of the persons to whom licences shall have been granted by him during the preceding month; and if at any time he shall cancel any such licence he shall publish in like manner as aforesaid the name of the person whose licence shall have been so cancelled. 8. Any person who carries on the business of an auctioneer without being duly licensed shall be liable to a fine of two hundred and forty dollars. 9. (1) Before beginning any auction, every auctionver shall affix or suspend, and shall keep the same so affixed or suspended during the whole time the auction is being held, a board or ticket containing his true and full christian name and surname and place of business, painted or written in large letters publicly visible and legible, in some con- Auctioneers. [Ch. 31. No. 10. 839 spicuous part of the room where the auction is held, so that ll persons may easily read the ‘ame. (2) Any auctioneer acting in contravention of this seetion shall be liable to a fine of ninety-six dollars. 10. (1) every auctioneer shall keep a regular and correct Keeping of account of all property sold by him at auction, such account accounts by to be written in a book to be kept for that purpose, in the ” form contained in the Second Scliedule hereto, and every 2na such account shall be opened to the inspection of every Schedule. person interested: Provided that it shall be a sufficient comphance with the provisions of this subsection if an entry is made in such book of the name of the person to whom the property sold belongs, together with a reference to some other book where is kept an account containing the particu- lars mentioned in the form aforesaid. (2) Any person who fails to keep such account in the manner hereinbefore mentioned, or hinders or prevents any person interested from inspecting anv such book, shall be liable to a fine of forty-cight dollars. 1. (1) Save and except in the case of Advertising . . property for (a) goods, wares, and merchandise of a perishable sate. nature which it may be necessary to sell at auction without delay or (6) goods, wares, and merchandise imported into the Colony or brought from Trinidad to Tobago or from Tobago to Trinidad and in each case damaged on the voyage and ordered, after survey in the customary manner, to be sold for the benefit of those whom it may concern, or (c) pledges sold at auction under the provisions of the Pawnbrokers Ordinance, it shall not be lawful for any auctioneer to sell by auction any property unless an advertisement has been by such auctioncer inserted and published for eight days prior to the date of any such sale in one or more of the local newspapers, disclosing the name of the person or persons by whose order such sale by public auction is to take place and the name of the owner of such property, and containing a full and accurate description of the property to be sold as d40 Remunena tion pavable to auction ecrs, ard Sehe Power to Rrant pet MISSION Go sell aut ate Crom fo Laeperial Colonial Otttee bacepton, Ch. 31. No. 10.| elucttonecers, aforesaid Provided that such period of eight days may be reduced to period of not less than four day. on) the direction in writing under his hand given by the owner to the auetioncer (2) Any person acting in contravention of this scetron shall be Tiable to a tine of ninety six dollars, 12. (1) On sale attempted: sale at auction of the propertic referred to in the Phird) Sehedule herete an auctioneer shall be entitled, in respeet oof such sale or attempted ale to demand and) to recemve the velex ant combussion or feet the atid Schedule specified, (2) Any auctioncer who demands receive retains any commission or fee in excess of the commission or fee hereby che cable shall be liable to fine of forty. eht dollars. (3) Where a person is convicted of an offence under hus section the Magistrate shall, in addition to any penally he may tpose thereunder, order the person so convicted lo pay Co the person entitled thereto, anv sum of money received or retained in contravention of the provisions of this section, and the sunt so ordered to be paid: shall be deemed a sum adjudged to be paid within the meaning of section 635 of the Summary Courts Ordinance 13. (1) Notwithstanding anything ino this) Ordinance contatned, the Governor may grant pe vinission (0 Che head of any department in tis Majesty’ Ss Imperial or Colonial Service to selbat auction, by himself or by any of lis officers or clerks authorised by hin in writing, any property on account of the department or braneh of the serviee to which he be longs . (2) Such permission may be either general or for special occasion. TP it is general, it shall subsist until it ts revoked by the Governor 14. (1) Nothing in this Ordinance contained shall apply ‘ales at auction (@) under any judgment, order, or decree, or under any process of any court in the Colony; or cluctioncer. {|CGh. 31. No. 10. 841 (6) directed by any Municipal or Water Authority lor non-payment of rate charge. or expense. or (c) under distre, for non payment of rent fo le. amount than ninety-stx dollars. (2) Nothing in this Ordinance contained shall operate reece to prevent any auctioneer from making a contract for the remuner: sale of any property for remuneration at less rate than 09 that specified hereunder 15. All penalties under this Ordinance may be recovered Recovers . oye . . . so . enalties, on summury conviction in the name of (he Commissioner of Pe Inland Revenue or some person authorised by him in writing either generally or ina spectal ¢ SCHEEDUTE Tes. FIRS'T SCHEDULE. Form: of Licence to practice as un Auctioneer. U hereby authorise of to carry on busing, as ah Auctioncer, This ficcuee expires on the ost of December, 19 and is issued subject to the conditions on the back hereof Any breach of the cai conditions involves: the cancellation of Che heenece The SECOND SCHEDULE. Form of Sales Book. (Section 10.) belongiiag, Description Purch: of Property | Schedule of auctioneers temunera- lion ySeetron 12. Ch. 31. No. 10.| Lis THIRD SCHEDULE. PART 1. WurRE OA SALE Is Err Commission, in addition to all out-of-pocket expenses and storage fees. it any, calenlated en the pureho price at the undermentioned rates shall be chargeable :- On a sale of personalty of every deseription, at the rate of 74 per cent. On a sale of realty, equities of redemption, or chattels real, at the rates following. Not exceeding S480 5 per cent. Exceeding S480) and not xceeding $2,400 $24. Exceeding $2,400 and not sxceeding $4,800 Exceeding $4,800 and not / sxceeding $24,000 per cent... provided that the commission shall ini no case be Tess than $50.40. per cent. Kaceeding $24,000 and not exceeding $48,000 per cent., provided that the commission shall in no case be less than $182.40. per cent., provided that the commission shall in no case be less than $240. If the property be sold by private contract, with the authority of the vendor, either before or at the auction, the commission is payable; or if the property be sold by private contract after the auction, provided the authority to sell is continued after the auction, the commission is pavable. PART II. Wr vefa Save nor Evrecren. Exceeding $48,000 foie The following fixed fees, in addition to all out-of-pocket expenses and storage fee. if anv, shall be chargeable in respect of every description of property: $ Where the reserved price does not exceed $480, a fee of 5.04 Where the reserved price exceeds $480 and does not exceed $900, a fee of 10.08 Where the reserved price oxceeds $900) and) doe. not exceed $1,920, a fee of 15.12 Where the reserved price -xeeeds $1,920 and does not xceed 82.880, 2 fee of 25.20 Where the served price -xcceds $2,880, a fee of 35.28 On a mortgagee s sale where no reserved price is tixed, the reserved price shall be deemed te be the amount secured by the mortgage. In other cases Where no reserved price is fixed, the reserved price shall be deemed to be the value of the property as agreed between the person offering the property for scale ard the auctioneer. Monevlender. |CGh. 31. No. 11. 843 CHAPTER 31. No. 11. MONEYLENDIERS, Ordinances AN ORDINANCE RELATING TO MONEYLENDING. en No, 42-1942. & 1945, i Ist March, 1933. | Commence- : ment. 1. This Ordinance may be cited the Monevlenders Ordinance. (1) In this Ordinance interpre- tation and authorised name and authorised address application. mean respectively the name under which and the address at which a monevlender is authorised by a certificate granted under this Ordinance to carry on business as a monevlender business name — means the name or style under Which any business is carried on, whether in partner- ship or otherwise ; company =o means any body corporate being a monevlender ; firm =omeans an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit : moneylender — include. any person whose business is that of moneylending, or who advertises or announces himself or holds himself out in any wav as carrying on that business, but shall not include any person bond fide carrying on the business of banking or insurance or bond fide carrying on any business not having for its Licences to be taken by money lendets. Ch. 31. No. 11. | Monevlender, primary object the lending ef money in the course of which and for the purposes of which he lends money: principal means in relation to a dean the amount actually Tent to the borrower (2) Nothing imi this Ordinance shall be decmed. to apply te pawnbrokers licensed under the Pawnbrokers Ordinance (3) Nothing in this Ordinance shall be deemed to require the Heensing, as monevlenders, of the following, (a) bankers heensed under the Bankers Licence. and Bank Note Ordinance, er the Alien Bankers Ordin: ) soctetie. registered under the Friendly Societie. Ordinanee, or the Building Societies Ordinance, or the Agricultural Credit) Societie. Ordinance. or the Agricultural Co-operative Societies Ordinance (c) any body corporate, Incorporated or empowered by special Ordinance to lend money in accordance with such Ordinance (@) any person or body corporate sxempted by the Governer ta Council, 3. (1) Every monevilender, whether carrying on busine. Alone or partner ing firm, shall take out annually in respect of every addre. at which he carries on his busine. . such, lieenee (ine this Ordinance reterred to as monevlender’s leence “J, which shall expire on the 31st of December ext after it is) granted. and there shall be charged on every moneviendet’s Heence a fee of S4.80° Provided: that: where monevienders’ licenee. are taken out by two or more monevlenders in respect of any address or addre. atowhiech they carry on their business as partners ina firm, the Commissioner of Inkand Revenue shall remit W the duty has been paid, repay, to the firma sum equal to the aggregate of the duties charged on such number of the licences taken out as exceeds the number of the addre. +s in respect of which they are taken out. (2) Subject to the provisions of this Ordinance, moneylenders’ licences shall be in such form as the Com- missioner of Tnland Revenue mav direct .and shall be granted Monevlender, |Ch. 31. No. Of. on payment ol the appropriate duty by any officer authorised by the Commissioner of Inland Revenue to grant them, (3) \omonevlender’ Heencee shall be taken out) by a moneyvlender in his true name, and shall be void if it be taken out in-any other name, and every moneyvlender licence shall also show the moneyvlender’ authorised name aud aut hertsed addre 4. Tf any person (a) takes out a monevlender” Heenees any other than his true name, or (0) carrie, on busine. as a moneylender without having in force a proper monevlender’s licence authoris ing him so to do, or (c) being Teensed a moneylender, carrie. on busine. as such in any name other than his authorised ane, or at any other place than his authorised addre or addre. or (d) enters into any agreement in the course of his business as a money lender with respect to the advance or repayment of money or takes any security for money in the course of his business as a moneyvlender, other wise than in his authorised name, he shall for each offence be liable to a tine of two hundred and forty dollars: Provided that, on a second or subsequent conviction of any person (other than a company) for an offence under this section, the court may in lieu of or in addition to ordering the offender to pay the fine aforesaid, order him to be imprisoned for three months, and an offender being a company shall on a second or subsequent conviction be liable to a fine of four hundred and eighty dollars. 5. (1) A moneylender’ licence shall not) be granted except to a person who holds a certificate granted in accordance with the provisions of this section authorising the grant of the licence to that person, and a separate certificate shall be required in respect of every separate licence. Any moneylender’. licence granted in’ contra- vention of this section shall be void. 845 Feualty for breaches of section 3, Certificate required for grant of money- lender's lirence. Ch. 31. No. 11.] Monevlenders. (2) Certificates under this section (in this Ordinance referred to as “certificate. ’’) shall be granted by the Magistrate of the district in which the moneylender’ business is to be carried on. (3) Every certificate granted to a moneylender shall show his true name and the name under which, and the addre. at which, he is authorised by the certificate to carry on business as such, and a certificate shall not autho- rise a moneylender to carry on business at more than one addre. or under more than one name, or under any name which includes the word “ bank ”’ or otherwise implies that he carrie. on banking business, and no certificate shall authorise a moneylender to carry on business under any name ‘xcept— (a) his true name; or (0) the name of a firm in which he is a partner, not being a firm required by the Registration of Business Names Ordinance to be registered; or (c) a busine. name, whether of an individual or of a firm in which he is a partner, under which he or the firm has, at the commencement of this Ordinance. been registered for not less than three years under the Registration of Business Names Ordinance. (+) A certificate shall come into force on the date specified therein, and shall expire on the next following 31st of December. 6. (1) A person intending to apply for a certificate under this Ordinance shall, fourteen days at least before the apphi- ‘ation, give notice by registered letter sent by post of his iniention soto do. Such notice shall set forth his name and address and the addre. at which he intends to carry on his business and shall be sent to the Magistrate of the district in which such latter address is situate and to the officer of Police in charge of the division in whieh such latter address is situate. (2) The Governor in Council may make ruJe. with respect to the procedure to be followed in making appli- cations for certificate. Gneluding the notices to be given of intention to make such an application), and certificates shall be in such form as may be prescribed by rules so made. Moneylenders. |Ch. 31. No. 11. 7. (1) A certificate shall not be refused except on some one or more of the following grounds (a) that satisfactory evidence has not been produced of the good character of the applicant, and in the case of a company of the persons responsible for the management thereof; (6) that satisfactory evidence has been produced that the applicant, or any person responsible or pro- posed to be responsible, for the management of his business as a moneylender, is not a fit and proper person to hold a certificate; (c) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a moneylender, is by order of a court disqualified for holding a certificate; (d) that the applicant has not complied with the provisions of any rules made with respect to applica- tions for certificates, (2) Any person aggrieved by the refusal of a Magis- trate to grant a certificate may appeal to the Supreme Court in manner provided by the Summary Courts Ordi- nance as if the refusal were an order of a court of summary Jurisdiction. 8. (1) A moneylender shall not transfer his business to premises other than those specified in his licence, except with the consent of the Magistrate of the district in which the address to which he propose. to transfer his business is situate. Such consent shall not be given until the officer of Police in charge of the division in which such address is situate has been “notific d of the proposed transfer and has had an opportunity of objecting to the same. (2) Any moneylender contravening the provisions of this section shall be liable to a fine of forty-eight dollars. 9. (1) Where any person being the holder of a certificate, is convicted of any offence under this Ordinance, the court — (a) may order that any certificates held by that 847 Refusal to grant a certificate. Veansfer o business to other premises, Ord. +2 1942, s. Suspension and for- feiture of money- lenders’ person, and in the case of a partner in a firm by any certificates. other partner in the firm, shall cither be suspended S48 Ch. 31. No. 11.| Monevlender, for such time as the court thinks fit, or shall be for- feited. and may also, if the court thinks fit, declare any such person, or any person responsible for the management of the monevlending busine. carried on by the person convicted, to be disqi: ified for obtaining a-certificate for such time as the court thinks fit ; and (6) shall cause particulars of the conviction and of any order made by the court under this subsection to be endorsed on every certifieate held) by the person convicted or by any other person affected by. the order, and shall cause copie. of those particulars. te be sent to the authority. by whom any certificate so endorsed was) granted, and to the Commissioner of Inland Revenue Provided that, where by order of a court certificate held by any person is suspended or forfeited, or any person is disqualified for obtaining a certificate, he may, whether or not he is the person convicted, appeal against the order in the same manner as any person convicted may appeal against his conviction, and the Court may, if it thinks fit, pending the appeal, defer the operation of the order, (2) Any certificate required by a court for endorsement in accordance with the foregoing provisions of this section shall be produced, in such manner and within such time as may be directed by the court, by the person by whom it is held, and any person who, without reasonable ¢ Cause, makes default. in producing any certificate required shall, i respect of each offence, be lable to a fine of five dollars for ‘ach dav during which the default continue. (3) Where a certificate held by any person is ordered to be suspended or to be forfeited under the foregoing provisions of this section, any moneylender’s licences granted to that person, whether in pursuance of that or any other certificate, shall be suspended during the period for which the certificate is ordered to be suspended or become void, as the may be. 10. (1) Tt any person forges a certificate, or tenders certificate Knowing it to be forged, he shall be lable to imprisonment for six months or to a fine of four hundred and eighty dollars. Monevlenders. |Ch. 31. No. 11. (2) A licence granted in) pursuance of a forged certificate shall be void, and if any person makes use of a forged certificate, knowing it to be forged, he shall be disqualified from obtaining at any time thereafter a money- lender's licence. It. (1) No contract for the repayment by a borrower of money Tent to him or to any agent on his behalf by a moneylender licensed under this Ordinance or for the pay- ment by him of interest on money so lent and no security giver. by the borrower or by any such agent as aforesaid in respect of any such contract shall be enforceable, unless av note or memorandum in writing of the contract be made and signed personally by the borrower, and unless a copy thereof be delivered or sent to the borrower within seven davs of the making of the contract, and no such contract or security shall be enforceable if it is proved that the note or memorandunr aforesaid was not sizned by the borrower before the money was lent or before the security was given, as the ease may be. (2) The note or memorandum aforesaid shall contain all the terms of the contract, and in particular shall show the date on which the loan is made, the amount of the principal of the loan, and, either the interest charged on the loan expressed in terms of a rate per centum per annum, or the rate per centum, per annum represented by the interest charged as calculated in accordance with the provisions of the Schedule hereto, 12. (1) The interest which may be charged on loans by any person other than | moneylender licensed under this Ordinance shall not exceed the rate of 24 per centum simple interest per annum, whether such interest is payable monthly or at any greater fixed period, and nothing herein contained shall authorise the charging of compound interest on such loans which would, in effect, amount to simple interest in excess of such rate per annum. (2) Interest which may be charged on loans by a moneylender licensed under this Ordinance, shall not exceed the respective rates herein specified, namely: (a) Hf by the terms of the contract the principal ts T. IV. 34 S49 Form o nioney- lenders’ contracts, Interest to be charged. 850 Ch. 31. No. 11.] Moneylenders. Penalty for charging une authorised interest. Prohibition of compound interest and not repayable prior to a date exceeding six months from the date of making the loan -— On loans not exceeding $24.00 simple interest at the rate of 60", per annum do. do. $48.00 do. do. 48% do. do. do. $96.00 do. do. 36°, do. do. exceeding $96.00 do. do. 24°’ do. (b) lf by the terms of the contract the principal is repayable on any date within six months of making the loan, or on demand—- On loans not exceeding $ 9.60 simple interest at the rate of 7 °,, per month do. do. $24.00 do. do. 6%, do. do. do. $48.00 do. do. 5 do. do. do. $96.00 do. do. 4h°,, do. do. exceeding $96.00 do. do. 4 do. (3) If several sums are loaned by a moneylender to the same person, whether at the same or different times, the rate of interest on the aggregate sum loaned, or owing at the date the last sum is loaned, shall be that authorised as if the whole amount then owing had been loaned as one transaction. (4) The interest shall constitute a comprehensive charge to include all discounts, commissions, bonuses, fines, expenses, and any amount by whatsoever name called, in excess of the principal, paid or payable to the monevlender in consideration of or otherwise in respect of a loan, but shall not include such charges, expenses and costs as are specifically allowed by this Ordinance or by the court adjudicating on the matter. 13. Any person who loans money at a rate of interest higher than that authorised by this Ordinance may be prosecuted summarily on the complaint of any person, and on conviction he shall be liable to a fine of two hundred and forty dollars in respect of each loan and one-fourth of the sum recovered by way of fine shall be paid to the informer other than the borrower. A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney General. 14, Any contract made after the commencement of this Ordinance for the loan of money by a moneylender licensed ‘ding six months ‘Crate of OU", perannum lo. 48°, do. lo. 36°, do. lo. 24% do. t the principal is ionths of making le rate of 7 per month lo. 6 do. lo. 5 do. lo. 4he,, do. lo, 4 do. 1 moneylender to r different times, loaned, or owing e that authorised een loaned as one a comprehensive ussions, bonuses, vhatsoever name x payable to the erwise in respect ges, expenses and Ordinance or by 1 rate of interest rdinance may be : of any person, 1e of two hundred n and one-fourth Il be paid to the section shall not t of the Attorney encement of this eylender licensed Moneylenders. [Ch. 31. No. 11. 851 under this Ordinance shall be illegal in so far as it provides Provision directly or indirectly for the payment of interest in advance defaults. whether by deduction of any amount from the principal sum borrowed or otherwise or for the payment of compound interest or for the rate or amount of interest being increased by reason of any default in the payment of sums due under the contract and any such moneylender contravening the provisions of this section shall be liable to the penalties prescribed by section 13. . Where by a contract for the loan of money by a moneylendier licensed under this Ordinance the interest charged on the loan is not expressed in terms of a rate, any amount paid or payable to the moneylender under the contract (other than simple interest charged in accor 7 ance with section 12) shall be appropriated to principal am interest in the proportion that the principal bears to the total amount of the interest, and the rate per centum per annum represented by the interest charged as calculate in accordance with the provisions of the Schedule hercto shall be deemed to be the rate of interest charged on the loan. agreement between a moncylender licensed under tne Ordinance and a borrower or intending borrower for the payment by the borrower or intending borrower to the moneylender of any sum on account of costs, charges or expenses incidental to or relating to the negotiations for or the granting of the loan or proposed loan shall be illegal, and if any sum is paid to such moneylender by a borrower or intending borrower as for or on account of any such costs, charges or expenses that sum shall be recoverable as a debt due to the borrower or intending borrower, or, in the event of the loan being completed, shall, if not S90 recovered, be set off against the amount actually lent and that amount shall be deemed to be reduced accordingly: . . . ; ly rided that the provisions of this section shall not appl) to auch ‘charges. expenses and costs as are specifically allowed by this Ordinance or by the court adjudicating on the matter. 54 (2) Method of calculating interest when not expressed in terms ofa rate. Prohibition of charge for expenses on loans by money- lenders. an Ie Fmployvment of agents or canvassers hy money- lender prohibitec Ch. 31. No. I1.] Monevicnder, 17. (1) No moneylender licensed under this Ordinance or any person on his behalf shall employ any agent or canvasser for the purpose of mviting any person to borrow money or to enter into any transaction involving the borrowing of money from such moneylender, and no person shall act as such agent or canvasser, or demand or receive directly or indirectly any sum or other valuable ‘onsideration by wavy of commission or otherwise for introducing or undertaking to introduce to a moneylender any person desiring to borrew money. (2) Any contract by the borrower to pay to an agent or canvasser of a moneylender licensed under this Ordi- hance a commission for securing a loan shall be null and void, and if any sum has been paid by way of conumission or otherwise for such service, the agent or canvasser shall be Hable to a fine of ninet y-six dollars, and one half of the sum recovered by way of fine shall be paid to the informer, even though he be the person who paid the agent or can- Vasser, 18. (1) Every moneyvlender licensed under this Ordinance shall give a receipt for every payment made to him on account of a loan or of interest thereon. Every such receipt shall be given immediately the payment is made, (2) very moneylender licensed under this Ordi- nance shall keep a book in which he shall enter in connection with every loan made by him (a) the date on which the loan was made, (6) the amount of the principal, (c) the rate of interest, (d) all sums received in respect of the loan, with the dates of payment thereol. (3) The entrics in the said book shall be made forth- with on the making of the loan or the reecipt of sums paid in respect thereof, as the case may be. (4) Any moneylender licensed under this Ordinance who fails or neglects to keep the book required by this section, or to make the necessary entries therein, or to produce such book when required so to do by any court, Monevlenders, [Ch. 31. No. 11. or to give a receipt required by this section, shall for each offence be liable to a fine of forty-cight dollars. 19. (1) In respect of every contract for the repayment of money lent by a moneylender (whether made before or after the commencement of this Ordinance) the money- lender shall, on any reasonable demand in writing being made by the borrower at any time during the continuance of the contract and on tender by the borrower of the sum of twenty-four cents for expenses, supply to the borrower or, if the borrower so require. to any person specified in that behalf in’ the demand, © statement: signed by the moneyvlender or his agent showing (a) the date on which the loan was made, the amount of the principal of the loan and the rate per centim per annum of interest charged; and (0) the amount of any payment already received by the moneylender ino respeet. of the loan and the date on which it was made; and (c) the amount of every sum due to the money- lender, but unpaid, and the date upon which it became duc, and the amount of interest) aecrued due and unpaid in respect of every such sum; and (d) the amount of every sum not yet due which remains outstanding, and the date upon which it) will become due, (2) A moneylender shall, on any reasonable demand in writing by the ‘borrower, and on tender of a reasonable sum for expenses, supply a copy of any document relating to a Joan made by him or any security therefor, to the borrower, or if the borrower so requires, to any person specified in that behalfin the demand. (3) If a moneylender to whom a demand has been made under this section fails without reasonable excuse to comply therewith within one month after the demand has been made, he shall not, so long as the default continues, be entitled to sue for or recover any sum due under the contract: on account either of principal or interest, and interest shall not be chargeable in respect of the period of the default, and if such default is made or continued after proceedings have ceased to lie in respect of the loan, the Obligation of money- lender to supply ine formation as to state of loan and copies of documents relating (hereto, 854 Restrictions on monev- lending advertise- ments. Ch. 31. No. 11.] Moneylenders. moneylender shal] be liable to a fine of five dollars for every day on which the default continues. 20. (1) No person shall knowingly send or deliver or cause to be sent or delivered to any person except in response to his written request any circular or other docu- ment advertising the name, address or telephone number of a moncylender, or containing an invitation— (a) to borrow money from a moneylender ; (6) to enter into any transaction involving the borrowing of money from a moneylender ; (c) to apply to any place with a view to obtaining information or advice as to borrowing any money from a moncylender. (2) Subject as hereinafter provided, no person shall publish or cause to be published in any newspaper or other printed paper issued periodically for public circulation, or by means of any poster or placard, an advertisement advertising any such particulars, or containing any such invitation, as aforesaid: Provided that an advertisement in conformity with the requirements of this Ordinance relating to the use of names on moneylenders’ documents may be published by or on behalf of a moneylender in any newspaper or in any such paper as aforesaid or by means of a poster or placard exhibited at any authorised address of the moneylender, if it contains no addition to the particulars necessary to comply with the said requirements, except any of the following particulars, that is to say, any authorised address at which he carrics on business as a moncylendcr and the telegraphic address and telephone number thereof, any address at which he formerly carried on business, a state- ment that he lends money with or without security, and of the highest and lowest sums that he is prepared to lend, and a statement of the date on which the business carried on by him was first established. (3) Where any document issued or published by or on behalf of a moneylender purports to indicate the terms of interest upon which he is willing to make loans or any particular loan, the document shall either express the interest proposed to be charged in terms of a rate per Moneylenders. [Ch. 31. No. 11. centum per annum or show the rate per centum per annum represented by the interest proposed to be charged as calculated in accordance with the provisions of the Schedule hereto, (4) Any person acting in contravention of any of the provisions of this section shall be liable to a fine of twenty-four dollars. (5) Where it is shown that a moneylending trans- action was brought about by a contravention of any of the provisions of this section, the transaction shall, notwith- standing that the moneylender was duly licensed under this Ordinance, be illegal, unless the moneylender proves that the contravention occurred without his consent and con- nivance, 21. (1) Where any debt in respect of money lent by a moneylender whether before or after the commencement of this Ordinance, or in respect of interest on any such debt or the benefit of any agreement made or security taken in respect of any such debt or interest is assigned to any assignee, the assignor (whether he is the money- lender by whom the money was lent or any person to whom the debt has been previously assigned) shall, before the assignment is made— (a) give to the assignee notice in writing that the debt, agreement or security is affected by the operation of this Ordinance; and (b) supply to the assignee all information necessary to enable him to comply with the provisions of this Ordinance relating to the obligation to supply informa- tion as to the state of loans and copies of documents relating thereto; and any person acting in contravention of any of the provisions of this section shall be liable to indemnify any other person who is prejudiced by the contravention, and shall also in respect of each offence be liable to imprison- ment for six months, or to a fine of four hundred and eighty dollars. (2) In this section the expression “ assigned ’’ means assigned by any assignment inter vivos other than an 855 Notice and information to be given on assign- ment of money- lenders’ debts, 856 Application of Ordinance as respects aSSIENCES, Ch. 31. No. 11.] Monevlenders. assignment by operation of law, and the expressions “assignor and “ assignee” have corresponding meanings. 22. (1) Subject as hereinafter provided, the provisions of this Ordinance shall continue to apply as respects any debt to a moneylender in respect of money lent by him after the commencement of this Ordinance or in respect of interest on money so lent or of the benefit of any agree- ment made or security taken in respect of any such debt or interest, notwithstanding that the debt or the benefit of the agreement or security may have been assigned to any assignee, and, except where the context otherwise requires, references in this Ordinance to a moneylender shall accord- ingly be construed as inchiding any such assignee as aforesaid Provided that) notwithstanding anything in this Ordi- hance (i) any agreement with, or security taken by, a moneylender in respect of money lent by him after the commencement of this Ordinance shall be valid in favour of any bond fide assignee or holder for value Without notice of any defect due to the operation of this Ordinance and of any person deriving title under him, and (ii) any payment or transfer of money or property made bond fide by any person, whether acting ina fiduciary capacity or otherwise, on the faith of the validity of any such agreement or security, without notice of any such defect shall, in favour of that person, be as valid as it would have been if the agree- ment or security had been valid; and (ii) the provisions of this Ordinance limiting the time for proceedings in respect of money lent shall not apply to any proceedings in respect of any such agreement or security commenced by a bond fide assignee or holder for value without notice that the agreement or security was affected by the operation of this Ordinance, or by any person deriving title under him, but in every such case the moneylender shall be liable (o indemnify the borrower or any person who is prejudiced Moneylenders. |Ch. 31. No. 11. by virtue of this section, and nothing in this proviso shall render valid an agreement or security in favour of, or apply to proceedings commenced by, an assignee or holder for value who is himself a moneylender. (2) Nothing in this section shall render valid for any purpose any agreement, security or other transaction which would, apart from the provisions of this Ordinance, have been void or unenforceable. 23. (1) Where proceedings are taken in any court by any person for the recovery of any money lent, or the enforcement of any agreement or security made or taken In respect of money lent, and there is evidence which satisfies the court that the interest charged in respect of the sum actually lent exceeds the rates authorised by this Ordinance, the court may re-open the transaction, and take an account between the lender and the person sued, and may, notwithstanding any statement or settlement of account or any agreement purporting to close previous dealings and create a new obligation, re-open any account wready taken between them, and relieve the person sued from payment of any sum in excess of the sum adjudged by the court to be due in respect of such principal and interest, and for such costs and charges as the court may adjudge to be reasonable, and, if any such excess has been paid or allowed in account by the debtor, may order the creditor to repay it; and may set aside, cither wholly or in part, or revise, or alter, any security given or agreement made in respect of money lent, and if the lender has parted with the security may order him to indemnify the borrower or other person sued. (2) Any court in which proceedings might be taken for the recovery of money lent by any person shall have power to and may, at the instance of the borrower or surety or other person liable, exercise the like powers as may be exercised under this section, where proceedings are taken for the recovery of money lent, and the court shall have power, notwithstanding any provision or agree- ment to the contrary, to entertain any application under this Ordinance by the borrower or surety or other person liable, notwithstanding that the time for repayment of the loan, or any instalment thereof, may not have arrived. 857 Re-opening of money- lending {ransactions, Proceedings by borrower against money- lender. 858 BRA tile ASSUTnee Gh. 31. No. 11.] Monevlender, (3) On any application relating to the admission or amount of a proof by a person who has lent) money in any hankruptey proceedings, the court may oxercise the like powers as may be oxereised under this section when proceedings are taken for the recovery of money (4) The foregoing provisions of this) section shall apply te any transaction which, whatever ifs) form may be. as substantially of monevlending. (5) Nothing im the foregoing provisions of this section shall affect. the tights of any bond fide assignee or holder for value without notice. (o) Nothing ino this seetion shall be construed) as derogating from the ‘xisting power or jurisdiction of any court te enquire into and give relief in’ respect of any loan effected before the commencement of this Ordinance: Provided that the court shall not set aside, vary or affect any judgement obtained before the commencement of this Ordinance. 24. Any person who by any false, misleading, or decep- tive statement, representation, or promise, or by any dishonest concealment oof material facts, fraudulently induces or attempts to induce any person to borrow money or to agree te the terms on which money is or is to. be borrowed, shall be liable to imprisonment for six months, or toa fine of four hundred and eighty dollars. 25. (1) In any civil proceedings ino which a) borrower pleads any of the provisions of this Ordinance (whether Inany plamt, defence, or other pleading, or in any afidavit or application for the purpose of obtaining leave to defend any action), HW the court is satished that such plea was not made in good faith, but we made fer the purpose of delaying or harassing the moneylender, the court may order such borrower to pay for the benefit of the moneylender a sum not exceeding twenty-four dollars by way of compensa- tion and the costs incurred by the moneylender in’ the proceeding to such an amount as shall be determined by the court, and every such sum so ordered to be paid shall be added to the amount of the judgment recoverable by the monevlender. Monevlenders. {Ch. 31. No. 11. (2) In any criminal proceeding instituted against a moneylender for a breach of any provision of this Ordi- nance if the court is satisfied that the charge was made maliciously, frivolously, or vexatiously it may direct that a sum not exceeding twenty-four dollars by way of com- pensation and the costs of the accused to such an amount as shall be determined: by the court shall be payable by the informer or complainant, and any amount so ordered to be paid shall be recoverable for the benefit of the accused in the same manner a fine imposed by the court. 26. If any person lays a complaint for an offence alleged to have been committed against this Ordinance by which he was not personally agerieved, and afterwards directly ov indirectly receive. without the permission of a Magistrate, any sum of money or other reward. for compounding, delaying, or withdrawing the complaint, he shall for such offence be liable toa fine of two hundred and forty dollars, 27. Allolfences under this Ordinance may be prosecuted, and all penaltie. ieurred may be imposed or recovered, inthe manner provided by the Summary Courts Ordinance, THE SCHEDULE. Galculation of Interest where the Interest charged on a Loan is not expressed in terms of a Rate. The amount of principal outstanding at any time shall be taken to be the balance remaining after deducting from the principal the total of the portions of any payments appropriated to principal in accordance with the provisions of this Ordinance. The several amounts taken to be outstanding by way of principal during the several periods ending on the dates on which payments are made shall be multiplied in cach case by the number of calendar months during which those amounts are taken to be respectively outstanding, and there shall be ascertained the aggregate amount of the sum) soe produced, The total amount of the interest shall be divided by one-twelfth part of the aggregate amount mentioned in paragraph 2 of this Schedule, and the quotient, multiplied by one hundred, shall be taken to be the rate of interest per centum per annum. 859 Common informers compound- iy infor. mations, (Sections 11, 15 and 20.) sod Ch. 31. No. 11.] Monevlenders. 4. Tf having regard to the intervals between successive payments it is desired so to do, the calculation of interest may be made by reference to weeks instead of months, and in such a case the foregoing paragraphs shall have effect as though in paragraph 2 the word “ weeks ”” were substituted for the words “ calendar months", and in paragraph 3 the words — one-tifty-second ” were substituted for the words “ one-twelfth.” 5. Where anv interval between successive payments is not a number of complete weeks or complete months, the foregoing paragraphs shall have effect as though one day were one-seventh part of a week or one- thirtieth part of a month, as the case may be. 1. Pawnbrokers. |Ch. 31. No. 12. CHAPTER 31. No. 12. PAWNBROKERS. AN ORDINANCE RELATING TO PAWNBROKERS. (25th September, 1889. | This Ordinance may be cited as the Pawnbrokers Ordinance. 2. In this Ordinance -— pawnbroker ” includes every person who carries on the business of taking goods and chattels in pawn; pawner means a person delivering an article for pawn toa pawnbroker ; pledge" means an article pawned with a pawn- broker; Port-of-Spain means the City of Port-of-Spain as defined from time to time under the Port-of-Spain Corporation Ordinance ; “San Fernando = means the Borough of on Fernando as defined from time to time under the Sar Fernando Corporation Ordinance ; shop — includes dwelling-house, warehouse, and office, or other place of business, or place where business is transacted; unfinished goods or materials — includes any goods of any manufacture or of any part or branch of any manufacture, cither mixed or separate, or any materials whatever plainly intended for the composing or manu- facturing of any goods, after such goods or materials are put into a state or course of manufacture, or into a state 86 Ordinances Chiat. Nowb2 19-40, No. 7 1945. Interpres tation. DehiGon of pawn broker and pawnine transactions. Ch. 31. No. 12.] Pawnbrokers. for any process or operation to be performed thereupon or therewith, and before the same are completed or finished for the purpose of wear or consumption, 3. In order to prevent evasion of the provisions of this Ordinance, the following persons shall be deemed to be persons carrying on the business of taking g goods and chattels In pawn, that is to say every person who keeps a shop tor the purchase or cale of goods or chattels, or for taking in goods or chattels by wi ay of security for money advanced thereon, and who purchases or receives or takes in goods or chattels, and pays or advances or lends thereon any sum of money not exceeding forty-eight dollars with or under an agreement or unde rstanding, expressed or implied, or to be from the nature and character of the dealing reasonably inferred, that those goods or chattels may be afterwards redeemed or re-purchased on any terms; and every such transaction, article, payment, advance, and loan shall be deemed i pawning, pledge, and loan respeetively within this Ordinance. 4. The provisions of this Ordinance relating to pawn- brokers shallextend to and include the executors or admin- istrators of deceased pawnbrokers, ‘xcept that an executor or administrator shall not be answerable for any penalty or forfeiture personally, or out of his own estate, unless the same is incurred by his own act or neglect. 5. For the purposes of this Ordinance, anything done or omitted by the servant, apprentice, or agent of a pawn- broker in the course of or in relation to the business of the pawnbroker shall be deemed to be done or omitted (as the case may be) by the pawnbroker; and anything by this Ordinance authorised to be done by a pawnbroker may be done by lis servant, apprentice, or agent, 6. The rights, powers, and benefits by this Ordinance reserved to ‘and conferred on pawners shall extend to and be deemed to be reserved to and conferred on the assigns of pawners, and to and on the execulors or administrators of deceased pawners; but any person representing himself to a Pawnbrokers. [Ch. 31. No. 12. 863 pawnbroker to be the assign, executor, or administrator ofa pawner shall, if required by the pawnbroker, produce to the pawnbroker the assignment, probate, letters of adminis- tration or other instrument under which he claims. 7. (1) This Ordinance shall apply to every loan by Application pawnbroker of forty-cight dollars or under. im repeat (2) Nothing in this Ordinance shall apply to a Joan by of Tans, a pawnbroker of above forty-eight dollars, or to the pledge on which the loan is made or to the pawnbroker or pawner in relation to the loan or pledge; and notwithstanding anything in this Ordinance contained, a person shall not be deemed a pawnbroker by reason only of his paying, advane- ing, or Iending on any terms any sum or sums of above forty-eight dollars. General obligations of pawnbrokers. 8. (1) A pawnbroker shall keep and use in his business Pawnbrokers such books and documents as are deseribed in the First dice ete. Schedule hereto, in the forms therein indicated or to the like as in effect, and shall, from time to time as occasion requires, Ist Schedule. enter therein in) fair and legible manner the particulars indicated in and in accordance with the directions of the said Schedule, and shall make all enquirie. necessary for that purpose. (2) lf a pawnbroker fails in any respect to comply with the requisitions of this section, he shall be guilty of an offence against this Ordinance, 9. (1) A pawnbroker shall observe the following rule. Pawnbrokers to keep (a) he shall always keep exhibited in large characters names over over the outer door of his shop his christia in name and. doers and surname or names, with the word “ Pawnbroker ” rates, ete., (8) he shall always keep placed in a conspicuous part Shope _ of his shop (so as to be legible by every person pawning or redeeming pledges, standing in any box or place provided in the shop for persons pawning or redeeming pledges) the same information as is in the Tirst Schedule required to be printed on pawn-tickets. Sot Forfeiture of pledges under $-f.80, Pledge. above $4.80 tedecmable until sale, Ch. 31. No. 12.| Paionbrokers. (2) Ifa pawnbroker fails in any respect to comply with the requisitions of this section, he shall be guilty of an offence. Pawning: Redemption: Sale. 10. A pawnbroker shall, on taking a pledge in pawn, give to the pawner a pawn-ticket, and shall not take a pledge in pawn unless the pawner takes the pawn-ticket. 11. (1) A pawnbroker may take profit on a loan on a pledge at a rate not exceeding that specified in the Second Schedule hereto. (2) A pawnbroker may demand and take the charges specified in the Second Schedule in the cases, and according to the rule. therein stated and preseribed, (3) A pawnbroker shall not, in respect of a loan ona pledge, take any profit, or demand or take any charge or sum whatever, other than those specified in the Second Schedule. (4) A pawnbroker shall, if required at the time of redemption, give a receipt for the amount of loan and profit paid to him, 12. Ievery pledge shall be redeemable within” twelve months from the day of pawning, exclusive of that day; and there shall be added to that year of redemption seven days of grace, within which every pledge (if not redeemed within the year of redemption) shall continue to be redeem- able. 13. A pledge pawned for $4.80 or under, if not redeemed within the year of redemption and days of grace, shall, at the end of the days of grace, become and be the pawnbroker’s absolute property. 14. A pledge pawned for above $4.80 shall further con- linue redecmable until it is disposed of as in this Ordinance provided although the year of redemption and days of grace are expired. Pawnbrokers. |Ch. 31. No. 12. 15. (1) A pledge pawned for above $4.80 shall, when disposed of by the pawnbroker, be disposed of by sale by public auction by an auctioneer licensed under the Auction- cers Ordinance, and not otherwise; and the regulations in the Third Schedule hereto shall be observed with reference to the sale. (2) A pawnbroker may bid for and purchase, at a sale by auction made or purporting to be made under this Ordinance, a pledge pawned with him; and on such purchase he shall be deemed the absolute owner of the pledge purchased. 16. If an auctionecr does anything in contravention of the provisions of this Ordinance relating to auctioneers, or fails to do anything which he is required by this Ordinance to do, he shall be guilty of an offence. 17. At any time within three years after the auction at which a pledge pawned for above $4.80 is sold, the holder of the pawn-ticket may inspect the entry of the sale in the pawnbroker’s book, and in the filled up catalogue of the auction (authenticated by the signature of the auctionecr), or in either of them. 18. (1) Where a pledge pawned for above $4.80 is sold, and appears from the pawnbroker’s book to have been sold for more than the amount of the loan and profit due at the time of sale, the pawnbroker shall, on demand, pay the surplus to the holder of the pawn-ticket, in case the demand is made within three years after the sale, the necessary costs and charges of the sale being first deducted. (2) If on any such demand it appears from the pawn- broker’s book that the sale of a pledge or pledges has resulted in a surplus, and that, within twelve months before or after that sale, the sale of another pledge or other pledges of the same person has resulted in a deficit, the pawnbroker may sct off the deficit against the surplus, and shail be liable to pay the balance only after such set-off. T.—IV. 55 865 Sale by auction of pledges above $4.80. 3rd Schedule. Offences by auctionecrs. Power to inspect sale book. Pawnbroker to account for surplus within three years, subject to set-off. 860 ORences as to pledges for above $4.80. Holder of pawn- ticket entitled to Tedecmt Production of pawn- ticket on redemption, Liability of pawnbroker mM case of fire. Ch. 31. No. 12.] Pawnbroker. 19. If, with respect to pledges for loans of above $4.80, a pawnbroker.— (a) does not bond fide according to the directions of this Ordinance sella pledge pawned with him, (b) enters in his book a pledge as sold for less than the sum for which it was sold, or fails duly to enter the same, (c) refuses to permit any person entitled under this Ordinance to inspection of an entry of sale in’ the pawnbroker’ book, or of a filled up catalogue of the auction authenticated by the auctionecer’s signature, to Inspect the came, (d) fails without lawful excuse (proof whereof shall lie on him) to produce such a catalogue on lawful demand, (c) refuses to pay on demand the surplus to the person entitled to receive the same, he shall, in every such case, be guilty of an offence, and shall be hable, on summary conviction, to forfeit to the person agerieved a sum not exceeding forty-eight dollars. Delivery up of pledge. 20. The holder for the time being of a pawn-ticket shall he presumed to be the person entitled to redeem the p'edge, and, subject to the provisions of this Ordinance, the pawn- broker shall accordingly (on payment of the loan and profit) deliver the pledge to the person producing the pawn-ticket, and he is hereby indemnified for so doing. 21. A pawnbroker shall not (exeept as in this Ordinance provided) be bound to deliver back a pledge unless the pawn-ticket for tt is delivered to him. 22. (1) Where a pledge is destroved or damaged by or in consequence of fire, whether such destruction or damage occur upon the premises of the pawnbroker or of an auctioneer to which such pledge has been removed for the purpose of being sold, the pawnbroker shall nevertheless be liable, on application within the period during which the pledge would have been redeemable, to pay the value of the pledge, Pawnbrokers. |Ch. 31. No. 12. after deducting the amount of the loan and prolit, such value to be the amount agreed upon between the pawner and the pawnbroker at the tume of pawning and declared to be the value on the ticket, and if not so declared at the time of pawning such value to be the amount of the loan and profit and fifty per centum on the amount of the loan. (2) A pawnbroker shall be entitled to insure to the extent of the value so declared, and if not so declared to the extent of the loan and profit and fifty per centum on the amount of the loan. 23. [f a person entitled and offering to redeem a pledge shows to the satisfaction of a Magistrate that the pledge has become or has been rendered of less value than it was at the time of the pawning thereof by or through the default, neglect, or wilful misbehaviour of the pawnbroker, such Magistrate may, if he thinks fit, award a reasonable satis- faction to the owner of the pledge in respect of the damage, and the amount awarded shall be deducted from the amount payable to the pawnbroker, or shall be paid by the pawn- broker (as the case requires) im such manner as such Magistrate shall direct, and in default of payment of any amount which such pawnbroker may be directed to pay, he may be imprisoned for thirty days. 24. (1) The following provisions shall have effect for protection of owners of articles pawned, and of pawners not having their pawn-tickets to produce, (a) any person claiming to be the owner of a pledge & but not holding the pawn-ticket, or any person claiming to be entitled to hold a pawn-ticket but alleging that the same has been lost, mislaid, destroyed, or stolen or fraudulently obtained from him, may apply to the pawnbroker for a printed form of declaration, which the pawnbroker shall deliver to him; (6) if the applicant delivers back to the pawnbroker the declaration duly made before a Justice by the applicant and by a person identifying him, the applicant shall thereupon have, as between him and the pawn- broker, all the same rights and remedies as if he 55 (2) 867 Compensa- tion Yor de- prec‘ation of pledge. Protection of owners and of pawners not having awn- tickets 868 Delivery to owner of property unlawfully pawned. Ch. 31. No. 12.] Pawnbrokers. produced the pawn-ticket: Provided that such a declaration shall not be effectual for that purpose unless it is duly made and delivered back to the pawnbroker not later than on the third day after the day on which the form is delivered to the applicant by the pawn- broker (exclusive of a day or days on which the pawn- broker is prohibited from carrying on business) ; (c) the pawnbroker is hereby indemnified for not delivering the pledge to any person until the expiration of the period aforesaid, (d) the pawnbroker is hereby further indemnified for delivering the pledge, or otherwise acting in con- formity with the declaration, unless he has actual or constructive notice that the declaration is fraudulent or is false in any material particular; (c) no fee shall be payable on any such declaration. (2) If any person makes a declaration under this Ordinance, either as an applicant or as identifying an applicant, knowing the same to be false in any material particular, he shall be guilty of a misdemeanor, and shall be liable to the punishment attaching by law to perjury. 25. In each of the following cases,—- (a) if any person is convicted under this Ordinance before any Magistrate of knowingly and designedly pawning with a pawnbroker anything being the pro- perty of another person, the pawner not being employed or authorised by the owner thereof to pawn the same, (b) if any person is convicted in any court of felonious- lv taking or fraudulently obtaining any goods and chattels, and it appears to the court that the same have been pawned with a pawnbroker, (c) if, in any proceedings before a Magistrate, it appears to such Magistrate that any goods and chattels brought before the court have been unlawfully pawned with a pawnbroker, the court or Magistrate, on proof of the ownership of the goods and chattels, may, if it or he thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan or of any part that such a nurpose unless > pawnbroker day on which »y the pawn- ich the pawn- ness) , lied for not che expiration indemnified ting in con- has actual or is fraudulent h declaration. n under this lentifving an any material yor, and shall to perjury, his Ordinance id designedly cing the pro- ‘ing employed wn the same, rt of felonious- ty goods and the same have Magistrate, it s and chattels vfully pawned aership of the fit, order the yment to the of any part Pawnbrokers. {Ch. 31. No. 12. thereof, or without payment thereof or of any part thereof, as to the court or Magistrate, according to the conduct of the owner and the other circumstances of the case, seems just and fitting. 26. If a pawnbroker, without reasonable excuse (proof whereof shall lie on him), neglects or refuses to deliver a pledge to the person entitled to have delivery thereof under this Ordinance, he shall be guilty of an offence against this Ordinance, and a court or Magistrate may, if the court or Magistrate thinks fit, with or without imposing a penalty, order the delivery of the pledge on payment of the amount of the loan and prolit. General restrictions on pawnbrokere 27. Any pawnbroker who— (a) takes an article in pawn from any person appearing to be under the age of sixteen vears or to be intoxi- cated, or (b) purchases or takes in pawn or exchange a pawn- ticket issued by another pawnbroker, or (c) employs any servant or apprentice or other person under the age of sixteen years to take pledges In pawn, or (d) carries on the business of a pawnbroker on sunday, Good Iriday, or Christmas Day, or on any public holiday, or (ec) under any pretence purchases, except at public auction, any pledge while in pawn with him, or W) sufiers anv pledge while in pawn with him to be redeemed with a view to his purchasing it, or (zg) makes any contract or agreement with any person pawning or offering to pawn any article, or with the owner thereof, for the purchase, sale, or disposition thereof within the time of redemption, or (x) sells or otherwise disposes of any pledge pawned with him except at such time and in such manner as authorised by this Ordinance, shall be guilty of an offence. 869 Order for delivery of pledge to person entitled. Prohibition of purchas- ing pledges; taking pledges from children, etc. 870 Unlawiul pawning of goods not property of pawner. Persons offering articles in pawn and not giving a good account of them- selves, etc. Ch. 31. No. 12.] Pawnbrokers. Unlawful pawning and taking in pawn. 28. (1) If any person knowingly and designedly pawns with a pawnbroker anything being the property of another person, the pawner not being employed or authorised by the owner thereof to pawn the same, he shall be lable, on summary conviction, to a fine of twenty-four dollars, and, im addition thereto, to forfeit any sum not exceeding the full value of the pledge as ascertained by the Magistrate. (2) The fine and forfeiture when recovered shall be applied towards making satisfaction thereout to the party injured and defraying the costs of prosecution, as the Magistrate may direct , but if the party injured declines to accept of such satisfaction and costs, or if there is any surplus of the fine and forfeiture, then the amount shall be paid into the Treasury for the use of the Colony 29. (1) Any person who (@) offers 10a pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article, or (o) wilfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address, or as to the name and address of the owner of the article, or (c) not being entitled to redeem, and not having any colour of title by law te redeem, a pledge, attempts or endeavours to redeem the same. shall be guilty of an offence. (2) In every such case, and also in any case where, on an article being offered in pawn to a pawnbroker, he reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the pawnbroker may seize and detain the person and the article, or cither of them, and shall deliver the person and the article or cither of them (as the case may be) as soon as may be into the custody of a constable, who shall, as soon as may be, convey the person, if so detained, before a Magistrate to be dealt with according to law. Pawnbroker. |Ch. 31. No. 12. 871 30. If a pawnbroker knowingly takes in pawn any linen or apparel or unfinished goods, or materials entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish, or make up, he shall be guilty of an offence, and shall be hable, on summary conviction, to forfeit a sum not exceeding double the amount of the loan; and the pawn- broker shall likewise restore the pledge to the owner thereof, in the presence of the court, or as the court directs. 31. (1) If the owner of any linen or apparel or unfinished goods, or materials entrusted to any person as aforesaid and unlawfully pawned with a pawnbroker, or the owner of anv other article unlawfully pawned with a pawnbroker (the last mentioned owner having on oath satisfied a Magistrate that his goods have been unlawiully obtained or taken from him), makes out on oath before a Magistrate that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials, or article wforesaid, without the privity or authority of the owner, and makes appear to the satisfaction of the Magistrate probable grounds for such suspicion, the Magistrate may issue his warrant for searching, within the hours of business, the shop of the pawnbroker (2) If the pawnbroker, on request by a constable authorised by the warrant, refuses to open the shop and permit it to be searched, a constable may break it open within the hours of business, and search as he thinks fit therein for the linen, apparel, goods, materials, or article aforesaid, doing no wilful damage; and if any pawnbroker or other person opposes or hinders the search, he shall be guilty of an offence against this Ordinance. (3) Hf. on the search, any linen, apparel, goods, materials, or article aforesaid is or are found, and the property of the owner thereof is made out to the satisfaction of a Magistrate, such Magistrate shall cause the same to be forthwith restored to the owner thereof. Licences. 32. (1) Every pawnbroker shall yearly take out from the Commissioner of Inland Revenue an excise licence for carrying on his business, on which licence there shall be Prohibition of taking in pawn linen, clothing, unfinished goods, ctc., in certain cascs. Search warrant for » linen, ete., unlawfully pawned. Yearly licence and excise duty, 872 Cesser of licence on conviction, Licences not to be granted without cerlifteate. Certitics to be granted by Magistrates. Form and duration of certificate. 4th Scheduk-. Ch. 31. No. 12.] Pawnbrorers. charged and paid for the use of the Colony the excise duties following, that is to say, for carrying on business- (a) within the limits of Port-of-Spain, $240; (6) within the limits of San Fernando, $120; c) (c) outside the limits of Port-of-Spain and San Fernando, $00. (2) very licence shall be dated on the day on which it is issued, and shall determine on the 31st of December of each vear (3) A separate licence shall be taken out and paid for by a pawnbroker for each pawnbroker’s shop kept by him. (4) every such licence shall spe ay the premises in Which the business is to be carried on. (5) Ifa person acts a pawnbroker without having in foree a proper licence, he shall, for every such offence be hable, on summary conviction, toa fine of two hundred and forty dollars. 33. If a pawnbroker is convicted on indictment of any fraud in his business, or of receiving stolen goods, knowing them to be stolen, the court before which he is convicted may if it thinks fit, direct that his licence shall cease to have effect, and the same shall cease accordingly 34. A pawnbroker's licence shall not be granted to any person except on the production and im pursuance of the authority of a certificate granted under this Ordinance. Any licence granted in contravention of this section shall be void. 35. Certificates under this Ordinance shall be granted by the Magistrate of the district where the application is made. 36. A certificate under this Ordinance shal] be in the form given in the Fourth Schedule hereto, or to the like effect, and shall continue in force until the 31st of December in the year in which it is granted Pawnbrokers. |Ch. 31. No. 12. 37. A person intending to apply for a certificate under this Ordinance shall, twenty-one days at least before the application, give notice by registered letter sent by post of his intention to the Magistrate of the district, and to the Commissioner of Police, and shall in the notice set forth his name and address and the district within which he intends to carry on his business. The Commissioner of Police shall forthwith cause notice of such application to be published in the Royal Gazette. 38. An application for a certificate shall not be refused, ‘xcept on the following grounds, or one of them— (a) that the applicant has failed to produce satis- factory evidence that he is a fit and proper person to hold a licence ; (b) that the shop in which he intends to carry on the business of a pawnbroker, or any adjacent house or place owned or occupied by him, is frequented by thieves or persons of bad character ; (c) that he has not complied with the last preceding section. 39. (1) If any person forges a certificate, or tenders a certificate knowing it to be forged, he shall be liable, on summary conviction, to a fine of ninety-six dollars, (2) A licence granted in pursuance of a forged certificate shall be void; and if any person makes use of a forged certificate, knowing it to be forged, he shall be disqualified from obtaining at any time thereafter a pawn- broker’s licence. 40. (1) A pawnbroker shall not transfer his pawnbroking business to premises other than those specified in_ his licence, except with the consent of the Magistrate of the district, which consent shall not be given until the Com- missioner of Police has been notified of the proposed transfer, and has had an opportunity of objecting to the same. (2) Any pawnbroker contravening the provisions of this section shall be liable, on summary conviction, to a fine of forty-eight dollars. 873 Notice of application. Grounds of refusal of certificate. Forgery of certificate. Transfer of business to other premiscs. 874 Ch. 31. No. 12.] Pawnbrokers. General penalty lor offences. Frivolous informa- tions. Common informers compound- ing informa- tions. Detention of persons offering forged pawn- tickets, etc. Pawn- broker's books sub- ject to ex- amination by officer of Police. Penalties and legal proceedings. 41. Ifa pawnbroker or other person is guilty of an offence under this Ordinance, in respect whercof a specific forfeiture or penalty is not prescribed by this Ordinance, he shall be liable, on summary conviction, to a fine of forty-cight dollars. 42. Where an information or complaint of any offence against this Ordinance (not being an offence against any provision relating to licences) is laid or made before a Magistrate, and is not further prosecuted, or if any such information or complaint is further prosecuted, but it appears to the Magistrate by whom the case is heard that there was no sufficient ground for the making of the charge, such Magistrate shall have power to award such amends, not xceeding the sum of twenty-four dollars, to be paid by the informer or complainant to the party informed or com- plained against for his loss of time and expense. in’ the matter, as to such Magistrate seems meet. 43. If any person lodges an information for an offence alleged to have been committed against this Ordinance by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of a Magistrate, any sum of money or other reward for com- pounding, delaying, or withdrawing the information, he shall be guilty of an offence. 44. If any person utters, produces, shows, or offers to a pawnbroker a pawn-ticket which the pawnbroker reasonably suspects to have been counterfeited, forged, or altered, the pawnbroker may seize and detain the person andthe ticket, or cither of them, and shall deliver the person and the ticket, or cither of them (as the case may be), as soon as may be into the custody of a constable, who shall, as soon as may be, convey the person, if so detained, before a Magistrate to be dealt with according to law. 45. (1) The books required by this Ordinance to be kept by a pawnbroker shall be produced by him for examination at any time during business hours on demand by any officer Pawnbrokers. [Ch. 31. No. 12. of the Police Force not under the rank of sergeant and also by any constable holding a written authority from the Commissioner of Police specially authorising him to act under this section, who are hereby severally authorised to enter at any time during business hours any pawnbroker’s shop, without warrant, to search for and examine the said books and to take extracts and copies therefrom. (2) Ifa pawnbroker fails to comply with the require- ments of this section, he shall be guilty of an offence. 46. (1) Information as to property lost, stolen, or otherwise fraudulently disposed of shall be given by the Police, as soon as possible after such loss or fraud, to all pawnbrokers, with lists and descriptions of the same. (2) If any property answering such lists and des- criptions shall be in the possession of any pawnbroker, or shall thereafter be offered to or shown to any pawnbroker, he shall, without unnecessary delay, give information to that effect at the nearest Police Station or to a constable, with the name and address of the person in whose possession the property was seen. (3) If a pawnbroker fails to comply with any of the requirements of the last preceding subsection, he shall be guilty of an offence. (+) A pawnbroker shall have power to seize and detain the person offering or showing such property until the arrival of a constable. 47. Any officer of the Police Force not under the rank of sergeant, and also any constable holding a written authority from the Commissioner of Police specially authorising him to act under this section, may enter any pawnbroker’s shop at any time during business hours and may, without warrant, search the house, shop, or premises of such pawnbroker for any articles that he may have reason to suspect to be therein and to have been dishonestly obtained or dis- honestly placed there. 48. (1) Any constable having reason to believe that a person in or loitering about a pawnbroker’s shop under suspicious circumstances has with him any article dis- 875 Information to be given by Police to pawn- brokers of lost and stolen property. Right to enter and scarch pawn- shops, etc. Constable may arrest persons loitering about pawn- shops under 876 Suspicious circum- stances. Production of books, elc., before Maristrate. Contracts not void on account of offences. Appeal. Ch. 31. No. 12.] Pawnbrokers. honestly obtained, may detain such person and require him to produce any articles he may have with him. (2) If any articles are produced which the constable has reason to suspect to have been dishonestly obtained, he may take or cause to be taken the person and the articles to the nearest Police Station, there to be dealt with according to law. (3) If any person so required to produce such articles refuses to be searched, the constable may take him or cause him to be taken before a Magistrate or Justice, who, if he shall see fit, may search or order to be searched such person, and if any such articles are found may detain him with the articles so found to be dealt with according to law. 49. A pawnbroker shall, at any time when ordered or summoned by a Magistrate, attend before the court and produce all books and papers relating to his business which he is required by the court to produce. If he fails to do so, he shall be guilty of an offence. 50. Where a pawnbroker is guilty of an offence against this Ordinance (not being an offence against any provision relating to licences), any contract of pawn or other contract made by him, in relation to his business of pawnbroker, shall nevertheless not be void by reason only of that offence, nor shall he by reason only of that offence lose his lien on or right to the pledge or to the loan and profit; but nothing in this section shall restrict the operation of any provision of this Ordinance providing for the delivery of any goods and chattels, or the restoration of any linen, apparel, goods, materials, or article to the owner, under the order of any court. 51. If any person thinks himself aggrieved by any con- viction or order of a court of summary jurisdiction under this Ordinance or by the refusal of a certificate for a licence, he may appeal therefrom under and subject to the provisions of the Summary Courts Ordinance. Pawnbrokers. (Ch. 31. No. 12. SCHEDULES. FIRST SCHEDULE. I.— Pledge Book. , Pawnbroker, of 19 - = 2 | 8 = Ba “ : + 4 au az 3 a ce . ° uw oO za o 2 3 ‘ = a8 og Pa — ay . ‘ - : , a. g So % ae}, Ba “§ es E j 3 3 f 2) $4 OA | v vz 6 3 S = Py © | €¢ 23 22 s & ol Fa a a 1 Bf 5 2S aa oO he — oo a sm s o 8 rs) rh a On a t ~ 3 °o ona ° A vey a6 5 v nS = t “= (aD vy s o & o ° B i Of ay 0B e's o a 3a a y » v ov as o e 3° ES E Ge 1 ES nS ae au a S E aE | os = ae yo aa o a | a A ~z IN a Az | 4 3 ; ay RULE. All entries in the last six columns respecting each pledge shall be made on the day of the pawning thereof or within four hours after the end of that day. Il,—Pawn- Ticket. “l.-—Kor a Loan of $4.80 or under. Pawned with (Joh Smith}, Pawnbroker, |36, Upper Prince Street, Port-of-Spain, for sum of [$2.40]. black Frock Coat.| * The Pawnbroker is entitled to charge— For this ticket One cent, For profit on each forty-cight cents or part of forty-eight cents Ient on this pledge for not more than one calendar month Two cents, and so on at the same rate per calendar month. After the first month, any time not exceeding fourteen days will be charged as half a month, and any time excecding fourteen days and not more than one month will be charged as one month. This pledge must be redeemcd within twelve calendar months and seven days from the date of pledging. At the end of that time it becomes the property of the pawnbroker. If the pledge is destroyed or damaged by fire, the pawnbroker will be bound to pay the value of the pledge, after deducting the amount of the loan and profit, such value to be the amount agreed upon between the pawner and pawnbroker at the time of pawning and declared to be the value on the ticket; and if not so declared at the time of pawning, such value to be the amount of the loan and profit and fifty per cent. on the amount of the loan. If this ticket is lost, mislaid, or stolen, the pawner should at once apply to the pawnbroker for a form of declaration to be made before a Justice of the Peace, or the pawnbroker will be bound to deliver the pledge to any person who produces this ticket to him and claims to redeem the same. 877 (Section 8.) (Section 8.) * The follow. ing ig to be printed on the ticket, on the front or back, or partly on the front and partly on the back. 878 * The follow. ng as to be printed on the ticket, on the front or back, or partly on the front and partly on the back. (Section 8) Ch. 31. No. 12.] Pawnbrokers. R, For Loan of above $4.80, Vawned with | Jed Smith], Vawnbroker, (30, Upper Prince Strect, Port-of-Spain,| this [19] day of [| Alarch, 19 | by (Henry Jones.) of [25, Ning Street, Port-of-Spain, | for the sum of [$10]. [One Dress Coat.| * The Pawnbroker is entitled to charge— Vor this ticket ee = Two cents, For protit on cach forty-two cents or part of forty-two cents lent. on this pledge for every calendar month or part of a calendar month One cent. It this pledge is not redeemed within twelve calendar months and seven days from the dav of pledging, it may be sold by auction by the pawnbroker, but it may be redeemed at any time before the day of sue. Within three years after (he sale, the pawner may inspect the account of the sale m the pawnbroker’ s books on payment of two cents, and receive any surplus produced by the sale. But deficit on sale of one pledge may be set of by the pawn- broker against surplus on another. If the pledge is destroyed or damaged by tire, the pawnbroker will be bound to pav the value of the pledge after deducting the amount of the loan and profit, such value (o be the amount agreed upon between Che pawner and pawnbroker at tho time of pawning and declared to be the value on the ticket; and if not so declared at the time of pawning, such value to be the amount of the loan and profit and fil€v per cent. on the amount of the loan, Ut this tieket is lost or mushid Che pawner should atonce apply fo the pawnbroker fora farm of declaration te be made before a Justice of the Peace, or the pawnbroker will be bound to deliver the pledge to any person who produces this ticket to him and clams to redeem the same Tit. Sale Book of Pledges for Louns of above $4.80, [Date and place o Sate.| {Name and Place of business of Auctioneer.) . . . Amount for whie, Neo. of Pledge as Date of Name of , c h p : , 5 Amount of Loan, | Pledge sold as stated iy Pledge Book. | Pawning. - Pawner. | by Auctioneer Pawnbrokers. [Ch. 31. No. 12. IV. Declaration where Pledge claimed by Owner. Vani Notier, 6f this declaration ts false the person making itis punishable as for perjury. Unless this printed form is taken before a Justice of the Peace and declared to and signed and delivered back lo the pawnbroker not later than the day of the articles mentioned init teil be delivered to any person producing the pawn-lickel, 1, ALR, of , in pursuance of the Pawnbrokers Ordinance, do solemnly and sincerely declare (hat the article [or articles] described below is for are] my property, and that U believe they are pledged at the shop of The article [er articles] above referred to is [er are] the following: And 1, C.P, of in pursuance of the same Ordinance do solemnly and sincerely lee lare that TE know the person now making the foregoing deck tration to be ALR. of Declared before me, Justice of the Peace for this day of V. Declaration where Pawn-Ticket lost, etc. Take Notien, if thts declaration is false the person making it ts punishable as for perjury. Uniess this printed form is taken before a Justice of the Peace and declared to and signed and delivered back to the pawnbroker not later than the day of 19 the articles mentioned in it all be dehecred to any person producing the pawn- bicket. 1, AAR, of , in pursuance of the Vawnbrokers Ordinance, do solemnly and sincerely declare that pledged at the shop of + pawn- broker, the article [or articles] deseribed below, being property, and received a pawn-ticket for the same whieh has since been by , and that the pawn-ticket has not been sold or transferred to any person by or to knowledge or belief, The article [or articles] above referred to is for are] the following: And 1, C.D, of , in pursuance of the same Ordinance, do solemnly and sincerely declare that | know the person now miulang the foregoing declaration to be 4.B., of Declared before me, Justice of the Peace for this day of wo, 879 (Section 8.) (Section 8.) 880 Ch. 31. No. t2.| Patwenbrokers. (Section 8.) Vi. Receipt. [Date Reeeiwved on redemption al Pledge No, Amount of loan Trott Vawnbroker, SECOND SCTIEDULE., (Section 11.) Profit and Charges allowed to Pawnbrokers. 1. Prov Toan, A. Ona loan of SES80 oF undet For any time during which the pledge remains in pawn not cxceeding one month, lor every forty cieht cents ot fraction of forty cight cents lent Ewo cents, For every month after Che first, including the cureenut thonth in whieh the pledg is redeemed, although that month is net expired, for every fdorty eight cents or lraction of forty cyzht ceuts lent Two cents. Ib the pleds ts redeemed before (he end of the tist fourteen days after the expiration of any month, the pawnbroker shall in respect of those foutteen days, be cutitled to take hall the amount whieh be would) be entitted fo take fer the whole month, Bo Ona load of above $4.80 Forevery monthor part ofa month for every sum of forty two cents or fraction of a stim of forty two cents cent, Wl. Cuan Pawn Prewer, Where the loans S80 or uader One cent, Where the doaniis above $4.80 Two cents. WT. Ixsrre ron Sarr Boon, Lor inspection of the entity of ale Pwo cents, THIRD SCHEDULE. (Section 15.) Regulations as to Auctions of Pledges nbove $4.80. 1. At least seven day aotice of sate by anetion of pledges shall be given by the auchoneer oa public daily newspaper stating: (VW) The pawnobroker’s 1 and place of business ; (2) The month in which each pledge was pawned ; Pawnbrokers. |Ch. 31. No. 12, (4) The number of cach pledge as entered at the time of pawning in the pledge beok; (4) ‘The place where the auction is to be held, not being a pawn broker's: premises. 2, The advertisement shall be inserted on two several days in’ the sume newspaper and the second insertion shall be at least three clear days before the first day of sale. 4. Pawnbrokers shall send all pledges to the auctioncer at least two days before (he sale duly ticketed and numbered and the same shall be fully exposed for sale to public view by the auctioneer on the day before the day of sale. 4. All sales shall be held in places open to the general public and large enough for the accommodation of intending purchasers, 5. The auctioneer shall publish catalogues of the pledges stating: (t) The pawnbroker's mame and place of business; (2) The month in which each pledge was pawned (8) The number of each pledge as entered at the time of pawning in the pledge book, 6, In the catalogues, the pledges of each pawnbroker shalt be set out separately from the pledges of other pawnbrokers. 7. Where a pawnbroker bids at a sale, the auctioncer shall not take the hidding in any other form than that in which he takes the biddings of other persons at the same sale; and the auctioneer on knocking down any article toa pawnbroker shall forthwith declare audibly the name of the pawnbroker as purchaser. 8. The auctioneer shall, within seven days after the sale, deliver to the pawnbroker a copy of the catalogue, or of so much thereof as celates to the pledges of that pawnbroker, filled up with the amounts for which the sveral pledges of (hat pawobroker were sold, and authenticated by the sizoature of the auctioneer, 9 The pawobroker shall preserve a copy of every such catalogue: for three years at least after the auction, 10. Piedire prints, books, bronzes, statue. busts, carvings in ivory and marble, cameos, intaglios, musical, mathematioal, and philosophical instruments, and china, sold by auction, shall be sold by themselves and without any other goods being sold at the same vale, four times only in every year (that is to say), on the first Monday in the months of January, April, July and October, and on the following day and davs, if the sale oxeeeds one day, and at no other time. FOURTH SCHEDULE. Form or Caertirtcatys, I, hereby certify that T authorise the grant to 4.8. of in tho county of of a Licence to carry on the business of a Pawnbroker at [specify premises]. Witness my hand this clay of ,197 . Magistrate. T—~IV, 56 881 (Section 36.) R82 Ch. 31. No. 13.] Rural Pedlars. CHAPTER 31. No. 13. RURAL PEDLAKRS, Ordinance AN ORDINANCE RELATING TO RURAL PEDLARS. Vad. avid 1940, [Ist January, 1934.) Short title. 1. This Ordinance may be cited as the Rural Pedlars Ordinance. tnterpre- 2. In this Ordinance-- tation, pedlar means any person who travels from place to place or from house to house selling or offering or exposing for sale any goods, wares or merchandise other than those specified in section 4+ sell oor buy includes barter or exchange and offering or exposing for sale. Pedlars to 3. No person shall after the commencement of this be heensed. Ordinance carry on the business of a pedlar unless he holds a licence (in this Ordinance referred to as a pedlar’s licence) for the time being in force authorising him so to do, and no holder of such licence shall use a pack animal or any vehicle for the transport of goods unless he shall have first paid the appropriate fee as set forth in the 2nd Part of the Schedule to the regulations made under the provisions of this Ordinance. Articles 4. Nothing in this Ordinance contained shall extend to be soll Prohibit any person from selling, any fresh fish, milk, fruit. without vegetables, ground provisions, meat, game, poultry, eggs. licence(a). (a) Also tobacco and cigarettes manufactured in the Colony-- see Royal Gasefte, 1934, p. 169. bread, confectionery, ice cream, mineral waters or any goods, wares or merchandise the growth or produce of or manufactured from the produce of the Colony, or any books, pamphlets or other literature issued or published by any religious or educational organisation approved by the Governor. 5. The Governor may, by notice in the Royal Gazette, appoint one or more Licensing Authorities for any area specified in such notice, for the purpose of issuing pedlars’ licences. 6. A Licensing Authority shall, upon the application of any person, accompanied by a certificate under the hand of a Superintendent or Assistant Superintendent of Police in charge of a division that the applicant is a fit and proper person to be so licensed and upon payment of the prescribed fee, issue a pedlar’s licence in the prescribed form. 7. A. Superintendent or Assistant Superintendent of Police in charge of a division shall have power to refuse the granting of a certificate on any of the following grounds :— (a) that the applicant has been convicted three times within the three years preceding his application of contravening any provision of this Ordinance or of any regulation thereunder ; (b) that the applicant has been convicted within the live years preceding his application, of any form of larceny or the receiving of stolen goods or any other offence involving dishonesty ; (c) that the applicant is known to be an associate of thieves and receivers of stolen goods; (ad) that satisfactory evidence has not been produced of the good character of the applicant. 8. A person to whom a pedlar’s licence has been issued shall not lend, transfer or assign the same to any other person and no person shall borrow or make use of a pedlar’s licence issued to any other person. (a) See R. G. 4.1,1934: The several Magistrates appointed Licensing Authority for their respective districts. 56 (2) Rural Pedlars. |Ch. 31. No. 13. lz Appoint- ment of Licensing Author- ities (a). Application for and issue of licence. Powers of Superin- tendent or Assistant Superinten- dent of Police to refuse certificate. Pedlar's licence not transferable or assign- able. Ccrtawn 884 Power to take un- licensed pedlar and his goods before Magistrate, etc. Regulations. Penalties. Application. Ch. 31. No. 13.] Rural Pedlars. 9. It shall be lawful for any member of the Police Force to demand from any person travelling as or carrying on the trade of a pedlar the production of his licence, and unless such person shall on such demand produce a licence still in force, it shall be lawful for the person demanding the same to take the pedlar with his goods to the nearest Magistrate who shall have jurisdiction to. try the offender for carrying on the trade of a pedlar without the licence required by law, although no act of trading may prove to have been done within the district of such Magistrate. 10. (1) The Governor in Council may make regulations (a) prohibiting the carrying on of the trade of a pedlar within any specified area or place; (o) specifying the hours during which or the days on which the carrying on of the trade of a pedlar shall be prohibited ; (c) adding to or varying the list of articles specified in section 4; (d) prescribing the form of pedlar’s licence, the duration thereof and the fees to be paid therefor; (¢) prescribing means whether by the recording of unger impressions or otherwise for the identification of icence holders, and generally imposing any other conditions to be observed by a pedlar in carrying on his business which in the interests or protection of trade generally should be so imposed. (2) Kegulations made under this section shall have no force or effect until they have been approved by the Legislative Council. The regulations contained in the Sehedule to this Ordinance shall be in force until varied v1 revoked. 11. Any person who contravenes any provision of thi Ordinance or any condition of any licence shall be liable on summary conviction, to a fine of forty-eight dollars. 12. This Ordinance shall not apply to the City of Por of-Spain or the Boroughs of San Fernando and Arima. Rural Pedlars. |Ch. 31. No. 13. SCHEDULE. 1. These regulations may be cited as the Rural Pedlars Regulations. 2. The form of pedlar’s licence shall be as sct forth in the First Part hereunder. 3. A pedlar’s licence shall expire on the 31st of December following the date of issue. The fees payable in respect of pedlars’ licences shall be as set forth in the Second Part hereunder: Provided that in respect of any licence issued subsequent to the 30th of June in any vear half the amount of such fees only shall be payable. 4+. A pedlar’s licence shall have affixed thereto a photograph of the person to whom the licence is issued, which photograph shall be supplied by the applicant for the licence. 5. No pedlar shall carry on his business on Sunday or any public holiday. 6. No pediar shall carry on his trade within any area in which a Shop Hours Order is in force under the Shop (Hours of Opening and E-mploy- ment) Ordinance during the hours prescribed in such Order for the closing of shops in such are 7. Every pedlar using any vehicle for the transport of his goods in the course of his business shall cause to be exhibited in a conspicuous manner his name and the words “ Licensed Pedlar "’ and the number of his licence. FIRST PART. TRINIDAD AND TOBAGO. THE RURAL PEDLARS ORDINANCE. No. of This is to certify that 4.2. of has been this day duly licensed to carry on the business of a pedJar, and to use [specify kind and No. of vehictes or animals| subject to the provisions of the Rural Pediars Ordinance and the Regu- lations made thereunder. This Licence is not transferable and expires on the 31st of December next. Dated this day of 19 ; Licensing Authority. County Fee paid $ Note.—Half the amount of ihe prescribed fee is payable if the licence is issued subsequent to the 30th of June in any year. SECOND PART. FEES. For every person licensed as a pedlar, the sum of 4.80 and in addition— Where the pedlar uses a pack animal for the transport of goods 2.40 Where the pedlar uses a vehicle, other than a motor vehicle for the transport of goods 7.20 Where the pedlar uses a motor vehicle for the transport of goods 19.20 885 886 Ordinances Ch.3t. Now 1940. No, 27- 1942. 21 1950. Comunence- ment. Short title. Interpre tation. Ord. 27 1042, Ch. 31. No. 14.) Shop (Hours of Opentng and Employment). CHAPTER 31. No. 14. SHOP (HOURS OF OPENING AND EMPLOYMENT). AN ORDINANCE RELATING TO ‘TILE OPENING HOURS OF SHOPS, AND OF PREMISES LICENSED FOR THE SALI OF INTOXICATING LIQUORS, TO PROVIDE FOR ‘THE LIMITA- TION OF THE HOURS OF EMPLOYMENT INO RESPECT OF CERTAIN TRADES, AND FOR THE SUPPLY OF SEATS FOR FEMALE SHOP ASSISTANTS. [loth January, 1938. | 1. This Ordinance may be cited the Shop (Hours of Opening and Employment) Ordinance. 2. In this Ordinance unle. the context otherwise require. controlled) busine. means any one or more of the following trades or Dusinesse. namely, any retail trade or business (including retail sales by auction but not including the sale of programme. and catalogues and other sinular sale. at theatres and places. of amusement), the sale of intoxicating liquor under licence, the busine. of a pawnbroker, barber, hair- dresser, Wholesale provision shop, refreshment house, restaurant, dairy shop, parlour or cook shop; employee means a person employed in or about any shop, but shall not include (a) the owner registered under the Registration of Business Names Ordinance ; (0) the owner of any business not so registered as iforesaid ; (c) the directors and secretary of a company or Shop Shop (H ours of Opening and Employment). (Ch. 31. No. 14. 887 corporation when such a company or corporation is the owner of the business, provided that such directors and secretary are by a Shop Order specifically permitted to be in attendance in the shop, subject nevertheless to the conditions under which such permission is granted ; (d) the agent of the owner and the manager of the business carried on in the shop; (e) any licensed druggist or assistant druggist in a drug shop; (f) any member of the owner's immediate family, when such member is by a Shop Order specifically permitted to be employed or to be in attendance in the shop, subject nevertheless to the conditions under which such permission is granted: Provided that in respect of categories (0), (d) and (f) only two such persons shall be excluded from being an employee in any single shop; ‘immediate family of the owner in reference to employment in a shop includes the owner’s child, father, mother, brother, sister, as well as his wife, or her husband, as the case may be, and provided such person is maintained by and resides with sugh owner ; Inspector ”’ means a person appointed as such under section 3: shop” means all directly inter-connected premises or contiguous places used by any person for— (a) exposing goods for sale as part of any controlled business carried on by him; or (6) the storage, preparation, processing or manu- facture of goods, some or all of which are ordinarily disposed of in the course of any controlled business carried on by him; or (c) any other purpose of a controlled business carried on by him, or, where part only of any premises or places are so used, means that part: Provided that the term shop _ shall not include any market lawfully held, or any bazaar for charitable or public purposes, or any separate room or workshop used exclusively for the storage, preparation, pro- 888 | Appoint - ment of Inspectors. Ord, 27- ofl, s. Powers : duties oft Inspectors and members ol the Pohee Force. Ord 27 Lote, Power to make Shop Orders limiting the opening hours of shops and hours of em- ployment therein. Ch.31. No.14 - 1940, 6. 3. Ch. 31. No. 14.| Shop (Hours of Opening and Employment). cessing or manufacture of goods which are of a des- cription ordinarily disposed of in substantial quantities otherwise than in the course of controlled business. 3. The Governor may appoint one or more persons to be Inspectors for the purposes of this Ordinance, 4. (1) For the purpose of ascertaining whether the provisions of this Ordinance or of any Shop Order are being, or have been, duly observed) and obeyed, any Inspector and any member of the Police Force not below the rank of subordinate police officer shall have the right to enter any premises or places which are, or which he may have grounds for suspecting to be, a shop at any time when such premises or places are open for business, and to require admission to any such premises or places, whether open for business or not, at any time when he has grounds for suspecting that any provision of this Ordinance or of a Shop Order is being, or has recently been, contravened therein, and to inspect such premises or places and to ‘xamiNe any person employed in or about such premises or places and to require production to him of any books or documents relating to the subject matter of the investiga- tion, (2) Hf any person wilfully delays or obstructs an Inspector or a member of the Police Force in the exercise of any powers conferred by this section, or fails to give information properly requested, or to produce books or documents properly called for, in exercise of such powers, or prevents or attempts to prevent any person from appearing before or being examined by an Inspector or member of the Police Force, or conceals or attempts to conceal any person with the same object, he shall be liable on summary conviction to a fine of two hundred and forty dollars. 5. (1) The Governor in Council may, if he thinks fit, make an order (in this Ordinance referred to as a ‘‘ Shop Order ”’) fixing the hours (in this Ordinance referred to as the “ opening hours "’) on the several days of the week, including Sundays and public holidays, during which, Shop (Hours of Opening and Employment), (Ch. 31. No. 14. either throughout the whole Colony or in any specified area of the Colony, all shops or shops of any specified class may be opened for serving customers. (2) The Governor in Council may, if he thinks fit, by a Shop Order limit the number of hours during which employees may remain or be employed in any shop or store or place of trade or business, whether wholesale or retail, to which this Ordinance shall, by such order, be declared to be applicable. (3) The provisions of any Shop Order made under this Ordinance may be varied from time to time or revoked by a subsequent order, (+) A Shop Order made under this Ordinance shall have no force or effect until it has been approved by the Legislative Council. 6. (1) Any Shop Order under this Ordinance may make provision for the hours of employment fixed by such Order being extended on such occasions and for such purposes and to such extent as may be specified in such Order, (2) Notwithstanding anything to the contrary in this Ordinance contained, it shall be lawful for the Governor in his discretion to authorise, by notice published in a daily newspaper published in the Colony, the extension on special oceasions of the time during which any licensed premises mentioned in such notice may be kept open. Such exten- sion shall be granted when the Governor is satisfied that it will be for the general public convenience and will not injuriously affect public order. 7. (1) A Shop Order may limit to any extent the opening hours of, or may absolutely prohibit the opening of, a shop on Sundays and public holidays (in this Ordinance referred to as closed days). (2) Save as aforesaid the opening hours fixed by a Shop Order for any week day shall be not less than— (a) ten hours on one specified day to be designated as a late closing day; 889 Hours lixod by Ordor may be oxtended. Ch.31. No.14 -1940, 5.4 Ord. 27- 1942, s. +4. Number of opening hours. ; Ch.31. No.14 -1940, 5. 5. 890 Hours of employment outside opening hours. Ch.31, No.14 -1940, s. 6, Shops carry- ing on more trades than one. Ch.31. No.14 -1940, 5.7 Places other than shops. Ch.31. No.14 -1940, 8.8. Ch. 31. No. 14.] Shop (Hours of Opening and Emplovment). (6) four hours on one specified day to be designated as an early closing day ; (c) eight hours on other week days to be designated as ordinary closing days. (3) The opening hours fixed by any Shop Order may from time to time be shortened (but not further than as provided in subsection (2) hereof) or extended for any specific day or period. 8. A Shop Order may prohibit or restrict the employment inor about any shop outside opening hours of any person who has been employed in or about any shop during opening hours, and may impose conditions on such employ- ment. 9. Where more trades or businesses than one are carried on in the same shop, and any of those trades or businesses is of such a nature that, if it was the only trade or business carried on in the shop the Shop Order would not apply to the shop, such shop may be open outside the opening hours for the purposes of that trade or business alone, but on such terms and under such conditions as may be specified in the Shop Order 10. (1) Hf any person shall sell or expose or offer for sale in any place other than a shop any goods at any time or on any day during which the sale of goods of a like des- eription is prohibited by any Shop Order, he shall be liable, on summary conviction, to a fine of two hundred and forty dollars: Provided that nothing in this section shall be deemed to prohibit a private sale by a person not engaged in the sale of goods as a trade or business. (2) Any goods exposed for sale in contravention of subsection (1) of this section shall be forfeited and may be seized by any constable and dealt with in like manner as uncustomed goods seized by an officer’ of Customs in accordance with the provisions of the customs laws as defined in section 2 of the Customs Ordinance. Shop (Hours of Opening and I-mployment). [Ch. 31. No. 14. 891 11. For the purpose of effectively controlling the opening Restrictions . by Shop hours of shops, and the hours of employment therein, @ Order. Shop Order may Ch.31. No.14 (a) define and classify shops and determine the kind “1940. 8.9. of merchandise which may be sold therein; (6) determine the persons who may or may not be employed therein; (c) impose restrictions to be observed in order that such shops may fall within one or other of the specified classes and to ensure their closing during prohibited hours and the observance of the law by owners and other persons in charge of or in attendance in such shop; (d) require the issue of licences in order to enable any shop to remain open for serving customers or to enable the carrying on of any retail trade or business in any place not being a shop, and for such other purposes and subject to such conditions as may be prescribed in the order, and provide for the cancella- tion of such licences, and designate the person or persons who shall act as Licensing Authority for the purposes hereof; (e) require the payment of such fees as shall be fixed in respect of a licence, but not exceeding five dollars per annum for any one licence; (f) exempt shops from the operation of the Order, either absolutely or subject to any conditions; (g) permit a shop to be opened outside the opening hours for any purpose specified in the Order; (hk) authorise sales or transactions outside the opening hours for any purpose specified in the Order or of any specified thing or in any circumstances specified in the Order; and (7) contain any incidental, supplemental, or conse- quential provisions which may appear necessary or proper. Saving of certain 12. Nothing in any Shop Order shali— provisions . relating to (a) affect the power of a Magistrate or two Justices Liquor : : : _ Licences. of the Peace under section 55 of the Liquor Licences Ch.31, No.4 -1940, 8. 10. 892 Ch. Si. No. 14.] Shop ( Hours of Opening and Employment). Ordinance to order the closing of licensed premises, or (>) affect the power of granting special licences conferred by section 37 of the Liquor Licences Ordi- nance. penalty fer 13. (1) If any person is employed in any shop or store or hours ol place of trade or busine. in respect of which a Shop Order employanent under this Ordinance is in force, for longer than the time too. e it, UXed by such Order, then the person or persons in whose Ord. 2t name such shop, store, or place of trade or business is carried mse on, and any other person or persons actually in charge of such shop, store, or place, shall each be liable, on summary conviction, toa fine of two hundred and forty dollars, for a first offence and five hundred dollars for any subsequent offence renal ie (2) H, outside the opening hours fixed by any Shop closing Order any shop to which the Order applies is opened or kept Order open except as permitted by the Shop Order, or if, except as aforesaid, any sale or transaction is effected or attempted to be effected in_any such shop, or if with respect to any such shop there is any contravention of the provisions or conditions of any Shop Order, the person or persons in whose name such shop is carried on and any other person or petsons actually in charge of such shop shall each be liable, on summary conviction, to a fine of two hundred and forty dollars. (3) But nothing in this Ordinance or any Shop Order shall render any person liable to a penalty by reason only that a transaction with a person in a shop at the end of the opening hours is commenced or completed after the end of the opening hours with reference to any article not being intoxicating liquor. (4) If any sale or transaction or part of any sale or transaction in the course of the controlled business carried on in a shop is effected or attempted to be effected in any part of the premises, including in the case of licensed premises the unlicensed part of such premises, such sale or transaction or part of such sale or transaction shall be deemed to have been effected or attempted to be effected in such shop. Shop (Hours of Opening and Employment). (Ch. 31. No. 14. 14. If at any time outside the opening hours fixed by a Shop Order any person is found on premises licensed under the Liquor Licences Ordinance (other than premises for which a hotel or special hotel licence is in force), or in any oul-house or building in the same curtilage and occupied therewith, or in any other shop premises to which the Order applies, then, unless the Magistrate is satisfied that such person was an inmate, servant, or bond fide friend entertained at the expense of the licensed occupier, or that otherwise his presence was not in contravention of the law, the holder of the licence or the owner of the shop and any other person or persons actually in charge of such shop shall each be liable, on summary conviction, to a fine of one hundred dollars and the person so found shall be liable, on summary conviction, to a fine of twenty-four dollars. 15. Any constable may demand the name and address of any person found on any licensed premises or any shop during the period during which they are required to be closed, and, if he has reasonable ground to suppose that the name or address given is false, may require evidence of the correctness of such name and address, and may, if such person fail upon such demand to give his name or address, or evidence of the correctness of the name or address so given, apprehend him without warrant, and carry him as soon as) practicable before a Magistrate. Any person required by a constable under this section to Bive his name and address, who fails to give the same, or gives a false name or address, or gives false evidence with respect to such name or address, shall be lable, on summary convic- tion, to a fine of twenty-four dollars, 16. In any prosecution against the owner or person in charge of a shop for permitting any employce to remain or be employed in such shop for a longer period than is per- mitted by law, if the defendant claims that the person alleged to be an employce is not an employee, the onus of proving that such person is not an employee shall lie on the defendant. 17. (1) In all rooms of a shop where female shop assis- tants are employed the occupier of the shop shall provide seats behind the counter, or in such other position as may be 893 Penalty where a person is ound on shop pre- mises after closing hours Ch.31, No.4 1940, 8. 12. Name and address of person found on shop pre- tniges to he Kiven to constable. Ch.31. No.14 ~1940, 8. 13. Onus of proof. Ch.31. No.t4 -1940, a. 14. Seats for female shop assistants. Ord. 27- 1942, 3. 5. Ch.31. No.14 -1940, 3. 15, 894 Ch. 31. No. 14.| Shop (Hours of Opening and Employment). suitable for the purpose, and such seats shall be in the proportion of not less than one seat to every three female shop assistants employed in cach room, with a minimum of one cat in each room, Notice (2) It shall be the duty of the occupier of the shop to permit the female shop assistants so employed to make reasonable use of such seats, and the occupier shall post in a conspicuous position in the shop a notice in the words following: Notict is hereby given that seats are provided in this shop for Female Shop Assistants, and that the. Assistants are intended to make reasonable use of the seats.” (3) Any person failing to comply with the provisions of this section shall be liable, on summary conviction, fora first offence to a fine of twenty-four dollars, and for any subsequent offence to a fine of fifty dollars, Shop Order 18. The Shop Order contained in the Schedule to this Schedule. ‘nat Noa Ordinance shall be in force until varied or revoked. 1040, s. 16 SCHEDULE, (Section ES Shop Order. Short title I. This Ordes may be cited as the Shop Order, 1938. Dennitions 2. For the purposes of this Order the following words and expressions Ord, 27 shall, unless the context otherwise requires, have the meanings hereinafter 1d, assigned to them: closed day means Sunday, Good Friday, Christmas Day and any day appointed or declared te be a public holiday under the Public Holidays Ordinance ; earl closing day means such day in every week as is specified Ist Schedule in the First Schedule hereto for the early closing of any specified class or classes of shops in any specified area of the Colony ; late closing day means such day in every week as is specitied in the First Schedule hereto for the late closing of any specified class or classes of shops in any specified area of the Colony ; ordinary closing day means week days not being a closed day, ‘arly closing day. or a late closing day; Ordinance " means the Shop (Hours of Opening and Employment) Ordinance or any Ordinance amending or replacing the same; cook shop . any shop in which is sold only food cooked on the premise. : Shop (Hours of Opening and Employment). (|Ch. 31. No. 14. general shop — means a shop in which are sold or exposed for sale any merchandise other than spirits, wine and beer, tobacco, cigars, cigarettes, drugs, groceries and provisions, confectionery, fruits and vegetable, , motor spirits and lubricants; “grocery means a shop (other than a wholesale provision shop) in: which are sold) or exposed for sale groceries and provisions, including tobacco, cigars, cigarettes, confectionery, fruits, vegetables and other goods ordinarily sold in grocery and provision shops; and gtocery shops include the shops heretofore known as retail provision shops; “parlour means a shop in which are sold or exposed for sale only the articles of merchandise enumerated ino the Second Schedule hereto; such shop shall be the only shop, room or place used by the owner of the business for the purpose of storing and. selling: such merchandise; such shop shall be the only shop of any kind established on premises rated as one lot, unless the Commissioner of Police, in his absolute discretion, grants exemption in writing from compliance with this restriction; such shop shall have no means of internal communication with any other part of the premises, unless such other part is used solely as a residence by the owner of the shop, and shall not be adjacent to premises licensed for the sale of intoxicating liquor; “scheduled ares means one of the areas described in the Third Schedule hereto or any area added to such Schedule by order of the Governor; spiri( retailer's shop = means premises in respect. of which a spirit retailer's licenee under the Liquor Licences Ordinance is in force; wine retailer's shop means premises in respect of which a wine retailer's licence granted under the provisions of the Liquor Licences Ordinance is in force: Subject do any further provisions contained in this Order ‘ dairy shop, refreshment house,” and “ restaurant’ mean places or premises in which only meals, light refreshments, cigars, cigarettes, confectionery and matche. are sold for consumption either on or off the premises; and restaurant also inchides any premises licensed as a restaurant under the Liquor Licences Ordinance. 3. The hours during which the several shops of the classes specified in the First Schedule hereto may remain open for serving customers shall be as respectively set out in the said Schedule, subject nevertheless to the exceptions and conditions contained in this Order. +. [Except as hereinafter specially provided, no shop shall open on closed days. 5. The following acts and transactions shall be exempt, to the extent herein indicated and no further, from the provisions of this Order in respect of closed days or of hours of opening and closing :--- (a) the sale at any time and on any day of any provisions, stores, coals, or other supplies for the use of any vessel anchored in the and Schedule, rd Schedule, Opening and closing hours. Ist Schedule, Closed days. Exemptions. 896 Sale of medicine, ete., for mfants and the sick from drug shop, Ch. 31. No. 14.| Shop (Hours of Opening and Employment). harbours of Port-of-Spain, San Fernando, Brighton or Scarborough, on the written order of the Captain or Chief Officer or the local agent of such vessel, and subject to compliance with the Customs Laws; (6) the sale at any time and on any day of any article required for the burial of the dead or for any sick person or animal when the seller thereof has reasonable ground for believing such article to be required for any of those purposes; (c) the vale of dairy produce or ice and the delivery of yeast for baking purposes at any time and on any day; (¢) the sale of bread, fresh meat, fresh fish, fresh fruit or fresh vegetable. until 9 a.m. on any closed day and at any hour on any other day (ce) the delivery between 6 a.m. and 9 a.m. from a grocery on any day when such grocery is required to be closed of any goods of the kind described in’ the definition of | grocery” contained in paragraph 2 of this Order; such delivery to be made at the premise. of the persons who have ordered the goods: (f) the making at any time, except on closed days, of articles of clothing, boots and shoes to order, in shops where no other trade or business is carried on; (2) the sale at any time and on any day of any newspaper published in the Colony; (A) the vale at any dime and on any day at petrol tilling stations, motor vehicle and repair service stations, or motor vehicle spare parts shops, of petroleum) products, lubricants and accessories required for the urgent repair of, or immediate use in, any vehicle; (‘) the vale at any time and on any day in San Fernando of oilfield supplies urgently required by persons operating for oil: (7) the exercise in theit shops at any time and on any day, not betne a closed day, of their profession or calling by opticians, barbers, hairdressers, manteurists, and beauty specialists: Provided that no article be sold outside the opening hours prescribed for such shops: (A) the vale at any time and en any day in any cookshap of food cooked therein: () demonstrations at any time and on any day by motor dealers: Provided that the place of business is closed as required by any Shop Order in: force: Qa) the sawing, milling and moulding of lumber or timber in a timber yard at any time, except on closed day, and the transport of lumber or timber in, or in connection with a timber yard. 6. At any time outside the opening hours prescribed for drug shops (including closed days) prescriptions may be made up and the same and also any drugs, infants’ requisites and articles required for sick persons and animals may be sold. Licensed druggists, assistant druggists and porters attached to dispensing departments may be employed in a drug shop at all times for the foregoing purposes. Shop (Hours of Opentng and Employment), (Ch. 31. No. 14. 7. (1) Any person who is employed in or about a general shop ora Wholesale provision shop during opening hours may be employed in or about such shop for not more than half an hour immediately after the closing of the shop: Provided that the manager of any department. of any such shop may be employed in the shop for not more than one hour immediately alter the closing hour, (2) Between the Ith and the 24th of December (both days inclusive) any person employed in or about any general shop during open- ing hours may be employed in or about such shop for not more than one hour immediately alter the closing of the shop. (3) Porters may be employed in any general shop or wholesale provision shop for not more than half an hour immediately before the opening hour for the purpose of opening and cleaning the premises, under the supervision of the person in charge of the shop or other person deputed by him, (4) Any person who is employed in or about any spirit retailer's shop during opening hours may be employed in or about that shop for not more than half an hour immediately after the closing hour for the purpose of cleaning and closing such shop. (5) Every director and secretary of a company or corporation may attend at all times in any shop owned by such company or cyrporation, provided that not more than two such directors may so attend for the purpose of serving customers during opening hours. (6) Texcept as expressly permitted by the Ordinance, or any Shop Order, no employee shall be or remain in or about any shop on closed day., or outside of opening hours en any other day. 8. For the purposes of an annual stock-taking any person employed in or about any general shop, wholesale provision shop, or grocery, may be employed after the closing hour for not more than two hours on each of eight consecutive ordinary closing days or for not more than four hours on each of four consecutive ordinary closing days, at any time of the year, on the written licence of the Commissioner of Police previously had and obtained and subject to such conditions as the Commissioner may require. 9% Where different trades or businesses in respect of which different times for opening and closing apply, are carried on in the same premises, such premises shall be opened at the latest hour and closed at the carliest hour applicable to any such trade or business, unless means are provided to the satisfaction of the Commissioner of Police for the adequate partition or division of the premises into separate and distinct shops so as to ensure the effective closing of each trade or business outside of the Televant opening hours fixed for such trade or business: Provided that nothing in this paragraph shall apply to any transactions under paragraph 6 of this Order relating to drug shops. 10. In scheduled areas no employce shall be employed in or about any one or more shops on any day for more than 44 consecutive hours calculated from the time of commencing duty, without an interval of at least three-quarters of an hour for mealtime, rest or relaxation before T.—-1V. 57 897 Employ- ment outside of opening hours in cencral shops and wholesale provision shops. General shops from 11th to 24th December Porters. In spirit shops. Directors and secre- tary ofa company Attendance of employees in shops, Annual stock-taking. Opening and closing times when different trades are carried on in same premises. Hours of employment. 808 Nuvture opemag hours, ete to be raven to Commis. stoner of Pohee. Ch. 31. No. 14.] Shop (Howrs of Opening and lem plovment). the next spell of doty, nor for any subsequent period of more than 3 hours without an additional interval of at least a quarter of an hour for the aforesaid purpose. nor for any aggregate period, excluding meal or rest intervals, exceeding 45 hours in any one week: Provided that such dggregate period shall be extended by an additional period equi al to the number of opening hours by which the time of opening is extended under the provisions of section 6 of this Ordinance, or by the number of hours occupied in stock taking im accordance with paragraph 8 of this Order: Provided further that for each additional hour or part thereof bevend 45 hours in any one week exclusive of meal and rest intervals an employee shall be paid at the rate of time-and-a-half of his or her aver: ge hourly earning. for that week or at the rate of not le than 30c. per hour, whichever is the greater. (1) In scheduled areas the owner or person in charge aw shop shall have posted ina conspicuous position in the shop a list signed: by him showing the opening and closing hours of the shop and the names, adatre. and hours of employ ment of every employee i in such shop, and also similar list of such members of the owner's family (stating the precise relationship) who attend on customers therein: and he shall not Knowingly cause or suffer or permit: any employee to work in the shop outside of the hours of employment indicated in such list, nor te work in more than one shop, ner shall he knowingly employ any such employee who works as an employee in any other shop on the same dav. (2) Fhe ewner or person in charge ofa shop in a schedule Tare. shall at the request of an Inspector or any meniber of the Police Force not below the rank of subordinate police officer, produce the list mentioned in the next preceding sub paragraph and atford him: every flacihty for verifving the correctness of the particulars thereim contained. The owner or person in charge of any shop, wherever situated, shall sed a written notification to the Commissioner of Police of the opening and closing hours of such shop, and the hours so notitied shall thereafter remain unchanged for at least three months and may only be changed at the expiration of the first’ three-monthly period or of any subsequent three-monthly period after written notice given to the Commisstonert of Police at least 15 days before the expiration of the three-monthly period at the end of which the change is to take place. FIRST SCHEDULE. Subject to the provisions of the following paragraphs of this First Schedule, the opening hours for shops of the classes specified in’ this paragraph shall be: In scheduled areas-- (a) Spirit Retailers’ Shops and = Thursday (early closing day) Wine Retailers’ Shops ... Ram. 1 p.m. Other week days 8 a.m. 8 p.m. Shop (Hours of Opening and Emplovinent), (Gh. 31. No. 14. () Grocerie. Thursday (carly closing day) 6.30 am. Lopm Other week days6.30a.m. 8 p.m. (c) Drug Store. Every week day 7 am. 9 pam, Provided that no goods, other than drags, infants’ requisites and articles required for sick persons and anunals, shall be sold outside the opening hours for general shops. (@) Albother shops except par- Saturday 8 aan. 12 noon, lours and shops) men- Other week days 8 a.m. tioned in paragraph 3 of S p.m, this lirst Sehedule. In areas outside scheduled sas (a) All shops other than drug aturday (late closing day) stores, parlours, and 6.40 am. 8 pan. Thurs- shops mentioned in para- day (early closing day) graph 30 oof) this First 6.30 am. Popa. Other Schedule. week days 6.30a.m. 7 pan, (6) Drug Store, Every week day 7 aan. 9 pum. Provided that no goods, other than drugs, infants’ requisites, and articles required for sick persons and animals, shall be sold after the closing hours for general shops, 2. When any public holiday, within the meaning of the Public Holidays ‘Ordinance as from time to time amended falls on the day following an surly closing day, then such early closing day may be regarded as an ordinary closing day. 3. Restaurants, refreshment houses and dairy shops may remain open for serving customers between the hours ef 5.30 a.m. and (1.300 p.m. conany day including a closed day’ Provided that on closed days and after 7 p.m. on other days such shops may sell only food for consumption conor off the premises and the following article. , namely, non-alcoholic beverages, cigarettes, cigars, confectionery, and matches: Provided further that restaurants licensed under the Liquor Licences Ordinance, may also sell intoxicating liquors according to the terms of such licence. 4. A barber or hair-dresser may attend on a customer on a closed day «only at the customer's own residence. 5. The opening hours for parlours shall be those fixed in the Second Schedule to this Order: Provided that outside the opening hours for eroccries as set out in the First Schedule to this Order, none of the articles set out in the Second Schedule to this Order shall be sold in the original container except aerated waters, cigarettes, confectionery, ice cream, matches, milk (condensed) and milk (fresh). 899 900 Ch. 31. No. 14.] Shop (Hours of Opentng and Employment). SECOND SCHEDULE. Parlours may remain open for serving customers between the hours of 6am. and 1 p.m. on every day including closed days for the sale of the- following articles only, namely: Acrated waters Cocoa Milk (condensed) Arrowroot Coffee Milk (fresh) Biscuits Confectionery — Oil (coconut -raw or refined), Bread Cooked food Pepper Cakes Fruits Salt Candles Ice Sugar (local) Cheese Tee ere: Tea Cigarette. Matche. Vinegar Cigars THIRD SCHEDULE. Scheduled Areas (a) The City of Port-ofSpain including area within one mile of, the boundaries thereof, (6) The Boroughs of San Fernando and Arima. (c) Any area lying within half-a-mile of that portion of the Eastern Main Road which extends from the City limits of Port-of-Spain and the Borough limits of Arima. (2) The area Iving within vadius of mile of the Magistrate’ Court, Sangre Grande. (ce) The area Iving within « ‘adius of one mile of the Magistrate’s Court, Couva. (f) The area Iving within adius of one mile of the Magistrate’s Court Chaguanas. (g) The area ling within a radius of one mile of the Magistrate’s Court, Prince. Town. (#4) The ares ling within ‘adius of mile of the Magistrate's Court, Cedros, (1) The area Iving within cadius of one mile of the Magistrate's Court , Siparia. (J) The area Iving within a radius of one mile of the Magistrate’s Court, Rio Claro, (A) The area lving within a radius of one mile of the Police Station, Point Fortin. (4) The area lying within a radius of one mile of the Administrative Offices, Scarborough. (m) The area Iving within a radius of one mile of the Magistrate's Court. Roxborough. Weights and Measures. |[Ch. 31. No. 15. 901 CHAPTER 31. No. 15. WEIGHTS AND MEASURES, AN ORDINANCE RELATING TO WEIGHTS AND MEASURES. Ordinance Chiat. Nols -1940. Ish Mav, 1939,] 1. This Ordinance may be cited the Weights and Short tide. Measures Ordinance. 2. In this Ordinance Interpre- tation, Chief Inspector © means the Chief Inspector of Weights and Measures appointed under this Ordinance ; gallon means a measure of capacity equal to the capacity of the Imperial gallon, as defined by the Weights and Measures Act, 1878; Inspector = means an Inspector of Weights and Measures appointed under this Ordinance ; pound avoirdupois = means a weight equal to the weight of the Imperial Standard pound, as defined by the Weights and Measures Act, 1878; pre-packed article = means any article which is packed or made up in advance ready for retail sale in a wrapper or container, and where any article packed or made up in a wrapper or container is found on any premises where such articles are packed, kept or stored for sale, the articles shall be deemed to be packed or made up in advance ready for retail sale unless the contrary is proved ; “purchaser ”’ includes any person acting on behalf of the purchaser ; square yard means an area equal to the area M02 Ist Schedule Metric werghts. 3rd Schedule. Ch. 31. No. 15.) Weights and Measure. contained ina square each of whose sides is one vard in length stamping — inelude. casting, engraving, etching, branding or otherwise marking in such manner as to be so far as practicable indelible and the ‘xpression stamp and other ¢xpressions relating thereto shall be construed accordingly ; Weighing instrument include. scale. with the weights belonging thereto, scalebeams, balanee. . spring- balance. steclvards, weighing machine. and every other instrument fo determining weight and weighing machine constructed to caleulate and) indicate the price money Vard means measure of length equal to the length of the Imperial Standard vard, as defined by the Wetghts and Measure. Act, 1878. Legal weights and measure, 3. (1) A pound avoirdupois shall be the primary weight in the Colony (2) The weights specified in the First Schedule hereto are hereby declared to be such multiples or parts of a pound avoirdupois as are in the ‘aid Schedule specified respectively in this behalf, and such weights are hereby declared to be avoirdupois weights. 4. (1) The weights specified in) the Second Schedule hereto are hereby declared to be such multiples or parts of a pound avoirdupois as are in the said Schedule specified respectively ino this behalf, and such weights are hereby declared to be troy weights. (2) Any weight which is any multiple or any decimal part of an ounce trov may be used as a trov we ight. 5. (1) The weights specified in the Third Schedule hereto are hereby declared to be metric weights. (2) Each metric weight is hereby declared to be equivalent to that weight which, expressed in terms of avoirdupois weights, is specified in the said Schedule as the equivalent of such metric weight. Weights and Measure. |Ch. 31. No. 15 6. (1) A gallon shall be the primary measure of capacity in the Colony. (2) The measures of capacity specified in the Fourth Schedule hereto are hereby declared to be such multiples or parts of a gallon as are in the said Schedule specified respectively im this behalf, (3) These measures are in this Ordinance referred to as Imperial measures of capacity, = 7. (1) The measures of capacity specified in’ the Fifth Schedule hereto are hereby declared to be metric measures of capacity (2) Each metric measure of capacity is hereby declared to be of that capacity which expressed in terms of Imperial measures of capacity, is specified in the said Schedule as the equivalent of such metric measure. 8. (1) A yvard shall be the primary measure of length in the Colony (2) The measures of length specified in the Sixth Schedule hereto are hereby declared to be such multiples or parts of a yard as are in the said Schedule specified res- pectively in this behalf. (3) These measures are in this Ordinance referred to as Imperial measures of length. 9. (1) The measures of Iength specified in the Seventh Schedule hereto are hereby declared to be metric measures of length. (2) Each metric measure of length is hereby declared to be of the length which, expressed in terms of Imperial measures of length, is specified in the said Schedule as the equivalent of such metric measure. 0. (1) A square yard shall be the primary measure of surface i in the Colony. (2) The measures of surface specified in the Eighth Schedule hereto are hereby declared to be such multiples 903 Imperial measures of capacity. 4th Schedule. Metric measures of capacity. 5th Schedule. Imperial measures of length. oth Schedule. Metric measures of length. 7th Schedule. Imperial measures of surface, &th Schedule 904 Metric measure, surface. 9th Schedule, Use of {roy weights. Use of avoirdupois weights, Use of measures. Ch. 31. No. 15.]) Wetghts and Measures. or parts of a square yard as are in the said Schedule specified respectively in this behalf. (3) These measures are in this Ordinance referred to as Imperial measures of surface. 11. (1) The measures of surface specified in the Ninth schedule hereto are hereby declared to be metric measures of surface. (2) Kach metric measure of surface is hereby declared to contain that extent of surface which, expressed in terms of Imperial measures of surface, is specified in the said schedule as the equivalent of such metric measure 12. (1) Gold and silver, and articles made thereof, including gold and silver thread, lace, or fringe, also plati- num, diamonds, and other precious metals or stones, may be sold or dealt in by troy weight: Provided that diamonds may also be dealt with in trade by the carat as used in England. (2) Drugs when sold by retail, may be sold by apothe- ‘aries Weights or measures as used in England. 13. The avoirdupois weights specified in) the First Schedule hereto and any w eight being any multiple or part of any such avoirdupois weight, and the metric weights specified in the Third Se hedule hereto and any weight being any multiple or part of any such metric weight, may be used in selling or computing the weight of any article whatever, and shall be the only weights that may lawfully be used in the sale or computation of weight for the purpose of any contract or dealing of any articles except the things pernutted to be sold by troy weight or apothecaries weight. 14, The measures specified in the Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Schedules hereto, and multiples or parts of any such measures, shall be the only measures that may, in any sale, contract, or dealing, lawfully be used for computing or expressing the quantity of anything to be measured, except the things permitted to be measured by apothecaries measure. Weights and Measures. [Ch.31. No. 15. 905 15. Where the quantity of anything weighed or measured. tmegal_ or to be weighed or measured, is expressed in any mode not SFPressioh authorised by this Ordinance in reference to such thing, the ° 7 * quantity so expressed shall be deemed to be uncertain. 16. Subject to the provisions of this Ordinance, any Presump- weight mentioned or referred to in any Ordinance, or in any weights. contract, bargain, sale, or dealing, if the article weighed be of the class of articles which according to this Ordinance may be sold or dealt in by troy weight or apothecaries weight, shall be deemed to be troy weight or apothecaries weight, and if the article weighed be not of such class shall be deemed to be avoirdupois weight unless in either case the contrary is expressed or implied. 17. (1) The Governor may from time to time procure Standards. such standards of weight and measure as he may consider necessary. (2) levery standard shall be of a denomination cither equivalent to or a multiple or aliquot part of a weight or measure of which the use is authorised by this Ordinance and shall be verified by the standard department of the Board of Trade in England before being brought into use in the Colony. (3) Every standard shall be made of such materials and in such manner and shall be placed in such a receptacle as to be, so far as-‘practicable, proof against mechanical and atmospheric agencies and all other sources of error. (4) On publication in the Roval Gazette of a notice that any standard of weight or measure has been brought into use in the Colony such standard shall become the Colonial Standard and shall for all purposes be conclusively deemed to be true and accurate. (5) The Colonial Standards in use in the Colony at the time of the passing of this Ordinance shall be the Colonial Standards for the purposes of this Ordinance. 18. The Governor may, by notice published in the Royal Conditions Gazette, declare the conditions of temperature and atmos- ° *™°Y pheric pressure and the other conditions (if any) under 906 Periodical verification of Colomal Standards. Ch. 31. No. 15.) 0 Wetghts and Measure. which the Colonial Standards are true and accurate copies of the Imperial Standards. Under the conditions so declared, the several Colonial Standards shall for all) pur- peses be conclusively deemed to be true and accurate copies of the ospective Imperial Standards. 19. The Colonial Standards shall be kept at such place as the Governor shall from time to time determine, and cach receptacle in whieh the same are Kept shall be secured by two locks which shall not be capable of being opened by the came kev 20. (1) Vhe Comptroller of Customs and lexcise and the Director of Surveys shall be Custodians of the Colonial Standards. (2) Fach of such Custodians shall have the custody of kev oof cach of the receptacle. im which the Coloniat Standards are placed, and the keys shall be so alle ated that no Custodian open more than one lock of cach receptacle, 2t. (1) The Custodians shall procure such copies of the Colomal Standards or any of them as they may think fit, and shall provide for verifying the same, and shall cause such copies to be authenticated as Secondary Standards in such manner as the Governor shall preseribe. (2) Every authenticated Secondary Standard: shall, until the contrary is proved, be deemed to be true and accurate and judicial notice shall be taken of every Second- ary Standard so authenticated, (3) The Secondary Standards shall from time to time be compared by the Custodians with the Colonial Standards and if necessary shall be corrected and adjusted, (1) Phe Custodians may at any time cancel any Secondary Standard and direct that it shall no longer be used as such, 22. (1) Once at least in every ten years the Governor shall cause every Colonial Standard to be verified at the standard department of the Board of ‘Trade and to be adjusted and renewed Tf requisite, Weights and Measure. |Ch. 31. No. 15. (2) Before a Colonial Standard is sent out of the Colony for this purpose, the Governor shall catse a Second- ary Standard to be deposited with the Custodians of the Colonial Standards and to be verified by comparison with the Colonial Standards and authenticated in such manner as he may think proper and such Secondary Standard shall be deemed to be the Colontal Standard during such time as the Colonial Standard ts out of the Colony Tuspectors of weights and measure. 3. (1) The Governor may from time to time appoint sue a person as he thinks fit to be Chief Inspector of Weights and) Measure and: stich persons he thinks fit to) be lnspectors of weights and measures, and may assign such portion of the ¢ ‘olony as he thinks fit Co cach Enspector as an inspechon district. The Chief Pnspec tor andevery Enspector shall hold office during the Governor's pleasure, No maker or seller of weights, counterpoise. , measure. or weighing instruments shall be an Tnspector, (2) The Chief Inspector shall have the general super- vision of the Inspectors, and the Inspectors shall make such retutns and furnish such information as the Chief Inspector require, and generally shall conform to the directions of the Chiet Inspector 24. (1) The Chief Inspector shall cause such Secondary Standard as he thinks requisite to be delivered) to the Inspectors, and every Inspector shall, at such times and places as the Clic Inspector appoints (of which appoint- ment public notice shall be given), attend with his Secondary Standards and examine all weights and measures brought to him and at that time used or intended to be used within his inspection district. (2) Any Inspector may at any time examine any weights or measures brought to him and at that time use or intended to be used within his inspection district. (3) Where an Inspector examines under this section any weights or measures brought to him, he shall verify the same by comparison with the proper Secondary Standards in his possession, and such as he finds to be just 907 Chief Inspec and luspectors. Duties of Chict Inspector Veritication of wenghts and measures by Inspectors. 908 Ch. 31. No. 15.) Weights and Measures. he shall stamp or mark in manner to be preseribed by the Governor: Provided that an Inspector shall so stamp or mark those denominations of weights and measures only of which he has Secondary Standards, or which he may be directed by the Chief Inspector to verify. 25. Where an Inspector under this Ordinance stamps or marks any weight or measure, he shall deliver to the person bringing such weight or measure a certificate of Justne ssn respect thereof, and such certificate shall remain in force, from the day on which it was given, for such period (not heing Je. than one year) as the Governor prescribe. and no longer. 26. Every Inspector may, at all reasonable time. enter any shop, store, warehouse, stall, yard, or other place within his inspection district wherein any goods are bought, sold, oxposed or kept for sale, or weighed or measured for conveyance or carriage, and require the production of and ‘xamine all weights, counterpoise. measure. , and weighing Instruments there, and may seize and detain any weight, counterpoise, measure or weighing instrument whieh he has reason to believe is false or unjust or which is Hable to be forfeited in pursuance of this Ordinance. 27. No Inspector shall repair, alter, or adjust any weight, counterpoise, Measure, or weighing instrument ‘xamined by lim. Requirements as to weights, measure. and weighing tstruments. 28. Subject to the provisions in this section contained, no weight or measure shall be used for trade, or for the purpose of any sale, contract or dealing, unless it be stamped or marked by an Inspector under this Ordinance, and any Weight or measure so stamped or marked may, unless it is unjust, be used in any part of the Colony so long as the certificate of justness in respect thereof remains in force and no longer: Weights and Measures. [Ch. 31. No. 15. Provided that nothing in this Ordinance shall require — (a) any weight above one hundred and twelve pounds or under one quarter of an ounce, or (6) any measure of Jength greater than two yards or less than six inches, or (c) any measure of capacity greater than two hundred and eighty-eight gallons or ‘less than one quarter of a pint, to be stamped or marked. 29. Every weight exceeding one quarter of an ounce avoirdupois shall have its denomination as one of the weights specified in the Schedules hereto, or as a multiple or part of one of such weights, expressed in legible figures and Ietters on the top or side thereof. 30. Every counterpoise used with any weighing instru- ment shall, unless the weight of which it purports to be the equivalent is less than four ounces avoirdupois, have conspicuously and legibly stamped or marked thereon the letter C and the denomination of the weight of which it purports to be the equivalent. 41. No weight or counterpoise made of lead or pewter or any mixture thereof shall be used unless the same be wholly and substantially cased with brass, copper, or iron, and legibly stamped or marked “Cased ’’ Provided that this section shall not prevent the insertion of such a plug of lead or pewter into any weight or counterpoise as may be required for the purpose of adjusting the same or affixing thereon any stamp or mark required by this Ordinance. 32. very measure, whether of length or capacity, shall have its denomination as one of the measures specified in the appropriate Schedules hereto, or as a multiple or part of one of such measures, expressed in legible figures and letters thereon, and, in the case of a measure of capacity, on the outside. 33. (1) A measure of capacity constructed as follows, that is to say, having a portion, extending from the lower end, sufficient to bear the stamps or marks required by this. 909 Marks required om weights. Marks required on counter~ poises. Restriction of use of lead or pewter Marks required om measures. Mode of filling measures of capacity. 910 Invalidity of contracts by prohibited eworhts, ete. Refusal af seller to weigh or yneasure. Ch. 31. No. 15.) Weights and Measures. Ordinance, made of metal er other suitable material, and the upper portion made wholly or partially of glass or other transparent material so that the level of the surface of the contents may be clearly seen, with a level line distinctly marked upon the transparent portion, may be used for measuring liquids, and shall be required to be filled to the level of the line so marked. (2) All measures used for measuring liquids not con- structed as aforesaid shall be filled to the level of the brim. (3) All measures of capacity used for any other pur- pose than measuring liquids shall either be stricken with a round stick or roller, straight and of the same diameter from end to end, or, if the article sold cannot from its size or shape be conveniently stricken, shall be filled in all parts as nearly to the level of the brim as the size and shape of the article will admit. Prohibition of legal weights, measure. and wetghing tustruments. 34. The use for the purpose of any sale, contract, or dealing of any weight, counterpoise, measure, or weighing instrument which is false or unjust is hereby prohibited. 35. The use for the purpose of any sale, contract, or dealing of any weight or measure, which, if required by this Ordinance to be stamped or marked by an Inspector or otherwise, is not so stamped or marked, or in respect of which, if a certificate of justness is required by this Ordi- nance, no such certificate is in force, is hereby prohibited. 36. Any sale, contract, or dealing made by or with reference to any weight, counterpoise, measure, or weighing instrument, the use of which for the purpose of such sale, contract, or dealing 1s prohibited by this Ordinance, shall be void. Offences as to weights, measures, and weighing instruments. 37. (1) Every person selling goods, whether on his own behalf or on behalf of another, by weight or measure in any warehouse, store, shop, market, or public place, shall, upon Weights and Measures. {Ch.31. No. 15. 911 being so required by the person to whom the goods are alclivered, and in the presence of the last mentioned person — (a) if the goods are sold by weight, weigh the same in a proper weighing instrument; or (b) if the goods are sold by measure, measure the same. (2) Any person required under this section to weigh or measure any goods who refuses or neglects so to do in manner required by this section shall be Hable to a fine of twenty-five dollars. 38. Any person using for the purpose of any sale, con- tract, or dealing, or having in his possession for use, for trade, any denomination of w veight or measure not authorised by this Ordinance for such purpose or use, shall be lable to a fine of ten dollars. 39. Any person using for the purpose of any sale, con- tract, or dealing, or having in his possession for use, for trade, any weight, counterpoise, measure, or weighing instrument which is false or unjust, or which, if required by this Ordinance to be stamped or marked by an Inspector or otherwise, is not so stamped or marked, or in respect of which, if a certificate of justness is required by this Ordinance, no such certificate is in force, shall be liable to a fine of tw enty- -five dollars, or in the case of any subsequent offence, fifty dollars. 40. Where any fraud is wilfully committed in the use of any weight, counterpoise, measure, or weighing instrument, the person committing such fraud, and every person party to the fraud, shall be liable to a fine of twenty-five dollars, or in the case of any subsequent offence, fifty dollars. 41. Any person who refuses to produce to an Inspector any weight, counterpoise, measure, or weighing instrument in his possession or custody, whereof the Inspector requires the production under this Ordinance, or who obstructs or hinders any Inspector in any examination under this ‘Ordinance, of any weight, counterpoise, measure, or Use of un- authorised denomina- tions. Use of illegal weights, etc, Fraud in use of weights, etc. Refusing production and ob- structing Inspector. O12 Forging marks. Dealing in counterfeit weirhts, Forteiture of ete, counterfeit weight , ete. Ch. 31. No. 15.[ 0 Weights and Measure. Weighing instrument, shall be Hable to a fine of twenty-five dollars. 42. Any Inspector who stamps or marks any welght or measure without duly verifying the s same, by comparison with the proper secondary standard or standards in’ his possession, shall be lable to a fine of twenty five dollars. 43. Any Inspector who knowingly stamps or marks any weight or measure not at that time used or intended to be used within his inspection district shall be liable to a fine of ten dollars. 44. very person who knowingly makes or. sells, or knowingly causes to be made or sold, any unjust weight, counterpoise, measure, or weighing instrument, shall be liable to a fine of fifty dollars, or in the case of any sub- sequent offence, to a fine of one hundred and twenty dollars, or to be imprisoned for three months 45. Every person who forges or counterfeits, or causes or procures to be forged or counte rfeited, or knowingly acts or assists in forging or counterfeiting, any stamp or mark used for stamping or marking any weight or measure under this Ordinance, shall be lik ible to a fine of two hundred and forty dollars or to be imprisoned for four months, 46. Ievery person who knowingly sells, utters, disposes of, or exposes for sale any weight or measure with any forged or counterfeit: stamp or mark thereon resembling or intended to resemble any stamp or mark used under this Ordinance shall be liable to a fine of one hundred and twenty dollars. 47. Kevery weight or measure having thereon any forged or counterfeit: stamp or mark resembling or intended. to. resemble any stamp or mark used under this Ordinance, shall be forfeited to the Crown and may at any time be seized by the Inspector of any inspection district within which the same is found. Wetghts and Measures. [Ch. 31. No. 15. 48. Ivery person who, with intent to defraud, alters any weight or measure stamped or marked according to this Ordinance, or uses in any sale, contract, or other dealing, any weight or measure altered as aforesaid, shall be liable toa fine of one hundred and twenty dollars, or in the case of any subsequent offence, to a fine of two hundred and forty dollars, or to be imprisoned for four months. 49. Where any penalty is imposed under this Ordinance, it shall be lawful for the Governor to direct that any portion thereof not exceeding one moiety shall be paid to the person laying the information, unless such person be a member of the Police Force, in which case such moiety shall be applied according to section 71 of the Police Ordinance. 50. All weights, counterpoises, measures, and weighing Instruments in respect of which any person is convicted under (his Ordinance shall, at the discretion of the convicting Magistrate, be liable to be forfeited to the Crown, Short weight and measure in the sale of any article. 51. (1) A person shall not, in selling any article by weight, measure, or number, deliver or cause to be delivered to the purchaser a less weight, measure, or number, as the case may be, than is purported to be sold. (2) A statement as to the weight or measure of a pre-packed article shall be deemed to be a statement as to the net weight or measure thereof, unless otherwise specified. (3) A person shall not on or in connection with the sale of any article or in exposing or offering any article for sale, make any misrepresentation cither by word of mouth or otherwise, or commit any other act calculated to mislead the purchaser or prospective purchaser, as to the weight or measure of the article, or, if any articles are being sold or offered for sale by number, as to the number of articles sold or offered for sale. 52. The provisions of section 51 shall, except so far as they apply to pre-packed articles, apply only to retail dealings. T.—IV. 58 913 Alteration of marks. Appropria- tian o penaltie. Forfeiture on conviction, Prohibition of giving short weight, measure oF Dumber, Statements as to weight or NcAsUTe On pre-packed articles, Misrapre- sentation, Application of the provisions of section 51. 914 Penalty. Safeguards to traders. Inconsider- able variation. Deficiency due to bond fide mistake cr accident. Deficiency due to nnavoidable evaporation or drainage. Defendant who purchased article entitled to rely on warranty given him by the vendor. Ch. 31. No. 15.] Weights and Measures. 53. Any person who contravenes the provisions of section 51 shall be liable to a fine in the case of a first offence of twenty-four dollars, and in the case of any subsequent offence of two hundred and forty dollars. 54. In any proceedings under this Ordinance— (a) in respect of an alleged deficiency of weight or measure of any pre-packed article, the court shall disregard any inconsiderable variation in the weight or measure of a single article, and shall have regard to the average weight or measure of a reasonable number of other articles of the same kind (if any) sold or de- livered by the defendant, or in his possession for the purpose of sale or delivery, on the same occasion and generally to all the circumstances of the case; (b) in respect of an alleged deficiency of weight or measure or number, if the defendant proves to the satisfaction of the court that such deficiency was due to a bond fide mistake or accident, or other causes beyond his control, and in spite of all reasonable precautions being taken and all due diligence exercised by the said defendant to prevent the occurrence of such deficiency, or was due to the action of some person over whom the defendant had no control the defendant shall be discharged from the prosecution ; (c) in respect of an alleged deficiency in the weight of any article delivered to a purchaser, the defendant shall be discharged from the prosecution if he proves to the satisfaction of the court that the alleged deficiency was due to unavoidable evaporation or drainage and that due care and precaution has been taken to avoid such deficiency. 55. (1) If in any proceedings under this Ordinance in respect of any pre-packed article the defendant proves that he purchased the article in the wrapper or container in which he sold it or had it in his possession for the purpose of sale and with a written warranty of the weight or measure or number of the article, and that he had no reason to believe, at the time when he sold it or had it in his possession for the purposes of sale, that the article or its wrapper or container Weights and Measures. [Ch. 31. No. 15. 915 did not comply with the provisions of this Ordinance, he shall be entitled to be discharged from the prosecution. (2) A warranty shall not be available as a defence to any proceedings under this Ordinance unless the defendant has, within seven days after service of the summons, sent to the prosecutor a copy of such warranty with a written notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he received it, and has also sent a like notice of his intention to such person. (3) The person by whom such warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so. (4) A warranty given by a person resident outside the Colony shall not be available as a defence to any proceeding under this Ordinance, unless the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained in the warranty. (5) Where the defendant is a servant of the person to whom a warranty was given, he shall, subject to the pro- visions hereof, be entitled to rely on the defence hereby allowed in the same way as his employer or master would have been entitled to do if he had been the defendant, provided that the servant further proves that he had no reason to believe that the pre-packed article did not comply with the provisions of this Ordinance. (6) Where the defendant in a prosecution under this Ordinance has been discharged under the provisions of this section, any proceedings for giving the warranty relied on by the defendant in such prosecution may be taken as well before a court having jurisdiction in the place where the contravention of this Ordinance took place, as before a court having jurisdiction in the place where the warranty was given. (7) Every person who in respect of the weight, measure or number of any article sold by him as principal or agent, gives to the purchaser a false warranty in writing, shall be liable for a first offence, to a fine of ninety-six dollars, and for any subsequent offence to a fine of four 58 (2) Notice of intention to rely on warranty to be given to the prosecutor and to the person who gave the warranty. Giver of warranty entitled to appear at trial. Warranty given by person out- side Colony to be verified. Servant entitled to rely on same defence as employer. Proceedings for giving of warranty. Penalty for false warrants. 916 Ch. 31. No. 15.] Weights and Measures. Statement on wrapper or in invoice deemed a written warranty. Invoice a sufficient warranty. Employer charged entitled to have rcal offender brought before the court. Limitation. hundred and eighty dollars, unless he proves to the satis- faction of the court that when he gave the warranty he had reason to believe that the statements or descriptions contained therein were true. (8) For the purposes of the foregoing provisions a statement on any container or any wrapper, band or label affixed thereto or delivered therewith or a statement contained in an invoice, shall be deemed to be a written warranty. (9) An invoice describing the weight or measure or number of the article shall be a sufficient warranty notwith- standing that it contains no words or express warranty or was delivered after the purchase of the article. 56. Where an employer or principal is charged with an offence under section 51, he shall be entitled on information duly laid by him, and on giving not less than three days’ notice of his intention to the prosecution, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and, if after the commission of the offence has been proved, the employer or principal proves to the satisfaction of the court that he had used due diligence to enforce the execution of this Ordinance and that the said other person had committed the offence in question without his consent, connivance or wilful default, the said other person shall be summarily convicted of the offence and the employer or principal shall be exempt from any penalty: Provided that the prosecution shall have in any such case the right to cross-examine the employer or principal if he gives evidence and any witnesses called by him in support of his charge and to call rebutting evidence. The person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. 57. A prosecution in respect of an offence by a retailer under section 51, shall not be instituted after the expiration of twenty-eight days from the time when the offence was committed, nor unless either notice was given to the defendant on the day of the commission of the alleged offence Weights and Measures. [Ch. 31. No. 15. or within seven days thereafter notice in writing has been served on or sent to him, nor unless within seven days after the alleged commission of the offence notice in writing of the date and nature of the alleged offence has been served on or sent by registered post’ to the defendant, nor unless in the case of any alleged deficiency the person against whom the allegation is made has been given reasonable opportunity to check the weight, measure or number of the article or articles in respect of which such allegation is made. 58. All offences under this Ordinance may be prosecuted and all penalties incurred may be imposed or recovered, in the manner provided by the Summary Courts Ordinance. Miscellaneous. 59. The Governor in Council may make regulations prescribing— (a) the several matters mentioned in this Ordinance to be prescribed by the Governor; and (6) a table of fees to be taken by the Inspectors for stamping or marking weights or measures under this Ordinance. Regulations made under this section shall have no force or effect until they have been approved by the Legislative Council. 60. Nothing in this Ordinance shall prevent the sale, or subject a person to a penalty under this Ordinance for the sale, of an article in any vessel where such vessel is not represented as containing any amount of Imperial measure, nor subject a person to a penalty under this Ordinance for the possession of any vessel where it is shown that such vessel is not intended for use as a measure. [SCHEDULES. 917 Recovery of penalties. Regulations. Saving as to vessel not represented as Imperial measure. O18 Ch. 31. No. 15.) Weights and Measures. SCHEDULES. FIRST SCHEDULE. Avoirdupois Weights. Denominations. | Multiples or parts of a pound avoirdupois. Grain 1/7,000 Dram t/250 Ounce ¢ 4 Pound ¢ l Stone MA Ouarter 28 Hundred-weight tle Ton 2,240 SECOND SCHEDULE. Troy Weights. Multiples or parts of a pound avoirdupois. 1/7,000 480/7,000 THIRD SCHEDULE. Metric Weights. Denominations. Value in Grams. Equivalents. Millier (or tonne) 1,000,000 0-9842 ton. QOuintal 100,000 1-908 cwl. Myriagram 10,000 22-046 Ibs. Kilogram 1,000 22046223 Ib, or | 15432-3564 grains. Heetogram 100 3-527 o7. Dekagram ‘ 10 5-044 drams. Gramme... ! 1 15-432 grains. Decigram 1/10 1-543 grains. Centigram 1/100 0-154 grains. Milligram 1/1000 | 0-015 grains. Weights and Measures. [Ch. 31. No. 15. 919 FOURTH SCHEDULE. Imperial Measures of Capacity. Denominations. Multiples or parts of a*gallon. Gill 1/32 Pint 1/8 Quart t Gallon 1 Peck 2 Bushel 8 Quarter 64 Chaldron 288 FIFTH SCHEDULE. Metric Measures of Capacity. Denominations. Values in cubic metres. Equivalents. Kilolitre, é.¢., 1,000 litres 1 220 gallons. Hectolitre, f.¢., 100 litres 1/10 22-00 gallons. Decalitre, f.¢., 10 litres 1/100 2-200 gallons. Litre vee 1/1,000 1-75980 pints, Decilitre, fe., 1/10 litre 1/10,000 0-176 pint. Centilitre, t.¢., 1/100 litre t/100,000 0-070 gill. SIXTH SCHEDULE. Imperial Measures of Length. Denominations. Multiples or parts of a yarl, Inch 1/36 Foot 1/3 Yard 1 Pole or Perch 54 Chain 22 Furlong .220 Mile 1,760 920 Ch. 31. No. 15.] Wetghts and Measures. SEVENTH SCHEDULE Metric Measures of Length. Den@minations. Value in metres. Equivalents. Mvyvriametre 10,000 6°2137 miles. Kilometre 1,000 0-62137 miles. Hectometre 100 109-36 yards. TDecametre 10 10-936 yards. Metre 1 39-370113 inches or 1 1-0930143 yards. Decimetre 1/10 3-937 inches. Centimetre | 1100 063937 inch. Millimetre 1/1000 0-03937 inch. EIGHT SCHEDULE. Imperial Measures of Surface. Denominations. Multiples of parts of a square yard. Square inch 1/1296 Square foot 1/9 Square yard 1 Square pole or perch 30} Rood 1,210 Acre 4,840 NINTH SCHEDULE. Metric Measures of Surface. Denominations. Value in square metres. Equivalents. Hectare, t.¢., 100 ares 10,000 2-4711 acres. Decare, t.¢., 10 ares 1,000 0-24711 acre. Are 100 119-60 sq. yards. Centiare, ie, 1/100 are... 1 1-1960 sq. yards. Copyright. (Ch. 31. No. 16. 921 CHAPTER 31. No. 16. COPYRIGHT. AN ORDINANCE RELATING TO COPYRIGHT. Ordinance Ch.3l. No.16 1940. [8th April, 1913.] Commence- 1. This Ordinance may be cited as the Copyright Short title. Ordinance. 2. In this Ordinance— Interpre- . . . . tation. engravings includes etchings, lithographs, wood- cuts, prints, and other similar works, not being photographs ; “infringing '’ when applicd to a copy of a work in which copyright subsists, means any copy, including any colourable imitation, made or imported in contra- vention of the provisions of this Ordinance; “photograph includes photo-lithograph and any work produced by any process analogous to photo- graphy ; “plate includes any stereotype or other plate, stone, block, mould, matrix, transfer, or negative used or intended to be used for printing or teproducing copies of any work, and any matrix or other appliance by which records, perforated rolls, or other contri- vances for the acoustic representation of the work are or are intended to be made. PART I, DELIVERY OF BOOKS PRINTED IN THE COLONY. 3. Three printed or lithographed copies of the whole of Three copies every book, not being a publication consisting merely of a of books to, price list, sale catalogue, annual report, trade circular, or to Colonial cretary. Non-delivery of books by printer Non-supply of books by publisher. I-xemption. Ch. 31. No. 16.] Copyright. trade advertisement, which shall be printed or lithographed in the Colony, together with all maps, prints, or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same shall be produced, shall, within one month after the day on which any such book shall first be delivered out of the press, and notwith- standing any agreement (if the book be published) between the printer and the publisher thereof, be delivered free of any charge, claim, or demand whatsoever by the printer, bound, sewed, or stitched together, and upon the best paper on which the same shall be printed or lithographed, to the Colonial Secretary. The publisher or other person em- ploying the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints, and engravings, finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. The Colonial Secretary shall there- upon give a receipt in writing for the copies so received. 4. One of such copies shall be transmitted to the Secretary of State, another copy shall be disposed of as the Governor in Council shall from time to time, by general or special order direct, and the remaining copy shall be deposited in such Public Library, or be otherwise disposed of, as the Governor shall from time to time determine. 5. very printer who neglects to deliver three copies of any such book as is referred to in section 3 to the Colonial Secretary in the manner hereinbefore prescribed, shall be liable, on summary conviction, to a fine of twenty-four dollars. 6. Every publisher or other person employing any such printer w ho neglects to supply him with maps, prints, or engravings finished and coloured as aforesaid, which may be necessary to enable such printer to comply with the provisions of section 3, shall be liable, on summary con- viction, to a fine of twenty-four dollars. 7. The Governor in Council may, by notification in the Royal Gazette, exclude any class of books from the operation of the whole or any portion of Part I. of this Ordinance. Copyright. [Ch. 31. No. 16. PART ITI. OFFENCES AND REMEDIES. 8. (1) No person shall— (a) fraudulently sign or otherwise affix, or fraudu- lently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph, or the negative of a photograph, any name, initials, or monogram ; (6) fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a photograph, having thereon the name, initials, or monogram of a person who did not execute or make such work; (c) fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall be subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken. (2) Where the author or maker of any painting, drawing, or photograph, or negative of a photograph, made cither before or after the commencement of this Ordinance, shall have sold or otherwise parted with the possession of such work, if any alteration be afterwards made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make, or knowingly to sell or publish, or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker. (3) Every offender under this section shall upon conviction forfeit to the person aggrieved a sum not ex- ceeding forty-eight dollars, or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works shall have been sold or offered for sale, and all such copies, engravings, imitations, or 923 Penalties on fraudulent productions and sales. O24 Penalties for dealing with in- fringing copes, ete. Ch. 31. No. 16.] Copyright, altered works shall be forfeited to the person, or the assigns or legal representatives of the person, whose name, initials, or Monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid: Provided that the penaltie. imposed by this section shall not be incurred unless the person whose name, initials, or mono- gram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within twenty years next before the time when the offence may have been committed. 9. All pecuniary penalties which shall be incurred, and all such unlawful copies, imitations, and all other effects and things as shall have been forfeited, by offenders pursuant to the provisions of the last preceding section, may be recovered by the person hereinbefore empowered to recover the same cither by proceeding in the Supreme Court, or on summary conviction before a Magistrate. 10. (1) If any person knowingly— (a) make. for sale or hire any infringing copy of a work in which copyright subsists, or (b) sells or lets for hire, or by way of trade exposes or offers for cale or hire, any infringing copy of any such work, or (c) distribute. infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright, or (2) by way of trade, exhibits in public any infringing copy of any such work, or (c) imports for sale or hire into the Colony any infringing copy of any such work, he shall be Hable, on summary conviction, to a fine not exceeding ten dollars for every copy dealt with in contra- vention of this section, but not exceeding two hundred and forty dollars in respect of the same transaction; or in the case of a subsequent offence, either to such ‘fine or to imprisonment for two months. Copyright. {Ch. 31. No. 16. (2) If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or know- ingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be lable, on summary conviction, to a fine of two hundred and forty dollars, or in a case of a subsequent offence, cither to such fine or to imprisonment for two months. (3) The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be destroyed or delivered up to the owner of the copyright, or otherwise dealt with as the court may think fit. PART III. IMPORTATION OF COPIES. 11. lor the purpose of the application of section 14 of the Copyright Act, 1911, to the importation into the Colony of works made out of the Colony :— (a) The Comptroller of Customs and Excise shall perform the dutics and may exercise the powers thereby imposed on or given to the Commissioners of Customs and Excise of the United Kingdom; (b) Regulations made by the Comptroller of Customs and J¢xcise under that section shall require the approval of the Governor in Council, and shall be published in the Royal Gazette; (c) Regulations made under that section may provide that notices given to the Commissioners of Customs and Excise of the United Kingdom, if communicated by them to the Comptroller of Customs and Excise, shall be deemed to have been given by the owner of the copyright to the Comptroller of Customs and Excise; (d) That section shall have effect as if it formed part of the Customs Ordinance. 925 Operation of section 14 of the Copyright Act, 1911, in the Colony. 1 & 2 Geo. V c. 46. 920 Ch. 31. No. 17.) Alerchandise Marks. CHAPTER 31. No. 17. MERCHANDISE MARKS. Cease AN ORDINANCE RELATING TO MERCHANDISE MARKS. -1LO40, [20th Jitne, 1888. ] 1. This Ordinance may be cited as the Merchandise Marks Ordinance. Interpre- 2. (1) In this Ordinance tation. “ae + Qs false trade description means a trade description which is false in a material respect as regards the goods to which it is apphed, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade descrip- tion being a false trade description within the meaning of this Ordinance; goods means anything which is the subject of trade, manufacture, or merchandise; name ” includes any abbreviation of a name; person and “ proprietor include any body of persons corporate or unincorporate ; trade mark means a trade mark registered in the Register of Trade Marks kept under the Patents, Designs, and Trade Marks Ordinance, and includes any trade mark which, either with or without registration, is protected by law in the United Kingdom or in any Bnitish Possession or foreign State to which the Merchandise Marks. ([Ch. 31. No. 17. provisions of section 103 of the Patents, Designs, and Trade Marks Act, 1883, are, under Order in Council, for the time being applicable; ‘trade description '’ means any description, state- ment, or other indication, direct or indirect— (a) as to the number, quantity, measure, gauge, or weight of any goods; or (b) as to the place or country in which any goods were made or produced; or (c) as to the mode of manufacturing or pro- ducing any goods; or (d) as to the material of which any goods are composed; or (e) as to any goods being the subject of an existing patent, privilege, or copyright ; and the use of any figure, word, or mark which, accord- ing to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Ordinance. (2) The provisions of this Ordinance respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are. (3) The provisions of this Ordinance respecting the application of a false trade description to goods, or res- pecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description; and for the purpose of this enactment, the expression ‘‘ false name or initials ”’ means, as applied to any goods, any name or initials of a person which— (a) are not a trade mark or part of a trade mark; and * See now section 91 of the Patents and Designs Acts, 1907-1938. 927 *46 & 47 Vict. c. 57. False name. 928 Forging or falsely applying trade marks and trade descriptions, Selling goods to which false trade description applied. Ch. 31. No. 17.) Merchandise Marks. (6) are identical with, or a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of such name or initials; and (c) are either those of a fictitious person or of some person not bond fide carrying on business in connection with such goods. 3. (1) Every person who— (a) forges any trade mark, or (b) falsely applies to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or (c) makes any die, block, machine, or other instru- ment for the purpose of forging, or of being used for forging, a trade mark, or (d) applies any false trade description to goods, or (ce) disposes of or has in his possession any die block, machine, or other instrument for the purpose o forging a trade mark, or (f) causes any of the things in this section mentione: to be done, shall, subject to the provisions of this Ordinance, and unles he proves that he acted without intent to defraud, be guilt of an offence. (2) Every person who sells, or exposes for or has in h possession for sale or any purpose of trade or manufactur any goods or things to which any forged trade mark or fal: trade description is applied, or to which any trade mark mark so nearly resembling a trade mark as to be calculats to deceive is falsely applied, as the case may be, shall, unlc he proves — (a) that having taken all reasonable precautio against committing an offence against this Ordinan he had, at the time of the commission of the alleg offence, no reason to suspect the genuineness of t trade mark, mark, or trade description, and (b) that on demand made by or on behalf of prosecution, he gave all the information in his pov Merchandise Marks. (Ch. 31. No. 17. with respect to the persons from whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be guilty of an offence. (3) Every person guilty of an offence under this Ordinance shall be liable— (i) on conviction on indictment, to imprisonment for two years, or to a fine, or to both imprisonment and fine; and (1) on summary conviction, to imprisonment for four months, or to a fine of ninety-six dollars, and in the case of a subsequent conviction, to imprisonment for six months, or to a fine of two hundred and forty dollars; and (ili) in any case to forfeit to the Crown every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed. (4) The court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit. (5) Any offence for which a person is under this Ordinance liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Ordinance may be forfeited, in manner prescribed by the Summary Courts Ordinance: Provided that a person charged summarily with any offence under this section shall, on appearing before the court, and before the charge is gone into, be informed of his right to be tried on indict- ment, and if he requires be so tried accordingly. 4. A person shall be deemed to forge a trade mark who either (a) without the assent of the proprietor of the trade mark makés that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or (b) falsifies any genuine trade mark, whether by alteration, addition, effacement, or otherwise; and any trade mark or mark so made or falsified is in this Ordinance referred to as a forged trade mark: T.—IV. 59 929 Punishment of offence against Ordinance. Destruction of forfeited articles. Jurisdiction. Forging trade mark. 930 Applying marks and descriptions, Ch, 31. No. 17.) AMlerchandise Marks. Provided that, in any prosecution for forging a trade mark, the burden of proving the assent of the proprietor shall he on the defendant. 5. (1) A person shall be deemed to apply a trade mark or mark or trade description to goods who- (a) applies it to the goods themselves; or (6) apples 1 to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade, or manufacture; or (c) plac enclose. , or annexes any goods which are sold or exposed or had in possession jor any purpose of sale, (rade, or manufacture, in, with, or to any covering label, reel, or other thing to which a trade mark or trade deseription has been applied, (@) uses a trade mark or mark or trade description any manner calculated to lead to the belief that the goods in connection with whieh itis used are designated or described by that trade mark or mark or trade description Provided: that goods delivered in. pursu- ance of a request made by reference to a trade mark or mark or trade description appearing in any sign, advertisement, mvoice, wine fist, business letter, busine, paper or other conmmercial communication, shall, for Che purposes of this paragraph be deemed to be goods in connection with which the trade mark or mark or trade deseription is used. (2) Phe expression covering — micludes any stopper, cask, bottle, vessel, box, cover, “capsule, case, frame, or Wrapper; and the oxpression label" includes any band or ticket. A trade mark, or mark, or trade deseription, shall be deemed to be apphed whether if is woven, impressed, or otherwise worked into, or annexed, or aflixed to the goods, or to any covering, label, reel, or other thing. (3) A person shall be deemed to falsely apply to goods a trade mark or mark, who, without the assent: of the proprietor of a trade mark, applies such trade mark, ora mark so nearly csembling as to be calculated to deceive ; but in any prosecution for falsely applying a trade mark or Merchandise Marks. (Ch. 31. No. 17. mark to goods, the burden of proving the assent of the proprietor shall hie on the defendant, 6. Where a defendant is charged with making any die, block, machine, or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying | to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves — (a) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and (6) that he took reasonable precautions against com- mutting the offence charged; and (c) that he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade deseription; and (¢) that he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, mark, or description was applied ; he shall be discharged from the prosecution, but) shall be hhable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence. 7. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks: shall promd facie be deemed to be a description of that country 59 (2) 931 exemption of certain persons employed in ordinary course of business. Application ol Ordinance to watches, Ch. 31. No. 17.) Merchandise Marks. Trade mark, how des cribed in pleading. Evidence relatur: to imported rouds. Acce.. Search warrants and for- feiture goods. within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly; and for the purposes of this section the expression ‘‘ watch ’’ means all that portion of a watch which is not the watch case. 8. In any indictment, pleading, proceeding, or document in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark. 9. In any prosecution for an offence against this Ord1- nance in the case of imported goods, evidence of the port of shipment shall be promd facte evidence of the place or country in which the goods were made or produced. 10. Any person who, being within the Colony, procure. counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall be guilty of that misdemeanor as a principal, and be hable to be indicted, proceeded against, tried, and convicted in that part of the Colony in which he may be, as if the mis- demeanor had been there committed. 11. (1) Where, upon information of an offence against this Ordinance, a Magistrate has issued cither a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said Magistrate, on or after issuing the summons or warrant, or any other Magis- trate, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house ot premises of the defendant, or otherwise in his possession or under his control in any Merchandise Marks. |Ch. 31. No. 17. 933 place, such Magistrate may issue a warrant under his hand by virtue of which it shall be lawful for any constable named or referred to in the warrant to enter such house, premises, or place at any reasonable time by day, and to search there for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Magistrate for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance. (2) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance, is unknown or cannot be found, a complaint may be laid for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the Magistrate, unless the owner or any person on his behalf or other person interested in the goods or things, show cause to the contrary, may order such goods or things or any of them to be forfeited. (3) Any goods or things forfeited under this section or under any other provision of this Ordinance, may be destroyed or otherwise disposed of, in such manner as the court by which the same are forfeited may direct, and the court may, out of any proceeds which may be realised by the disposition of such goods (all trade marks and_ trade descriptions being first obliterated), award to any innocent party any loss he may have innocently sustained in dealing with such goods. 12. On any prosecution under this Ordinance, the court may order costs to be paid to the defendant by the prose- cutor, or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively. 13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens Disposal of goods forfeited. Costs. Limitation. 934 Implied warranty sale of marked goods, Provisions as to false deseription not to apply in certam case, Savings [or rights of action. Discovery Servant bond fide acting. Ch. 31. No. 17.1 Merchandise Marks. 14. On the sale or in the contract for the sale of any goods to which «© trade mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade deseription is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the purchaser, 15. Where a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is apphed were actually made or produced, and the goods are not actually made or g4.adaced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there. 16. (1) This Ordinance shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Ordinance, be brought against him. (2) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance. (3) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bond fide acts in obedience to the instructions of such master, and, on Merchandise Marks. (Ch. 31. No. 17. 935 demand made by or on behalf of the prosecutor, has given full information as to his master. 17. Any person who falscly represents that any goods are False repre- made by a person holding a Royal Warrant, or for the fo Rael as service of His Majesty or any of the Royal Family, shall Warrant. be liable, on summary conviction, to a fine of ninety-six dollars. 936 Ch. 31. No. 18.) Patents, Designs and Trade Marks, CHAPTER 31. No. 18. PATENTS, DESIGNS AND TRADE MARKS Ordinances AN ORDINANCE RELATING TO PATENTS FOR INVENTIONS, Ch.3t) Nowts 1940, Drsicns, AND TRADE MARKs. No. 5 1947, Commence- 28th March, 1900.4] ment, ° 1. This Ordinance may be cited as the Patents, Designs, and Trade Marks Ordinance. Interpre- 2. In this Ordinance tation, vo. . . . Ord. 8 certified means certified in accordance with the M7, provisions of Part Vo of the Evidence Ordinance ; class | means prescribed class ; company means any body of persons, corporate or unincorporate, and, in ‘relation toa country, Means any such body having its principal place of business In that country or controlled by the government of that country or by a national thereof or by any such body having its principal place of business in’ that country; and the expressions “ British company ”’, ‘German company ” and “ Japanese company ”’ shall be construed accordingly ; copyright = means the exclusive right to apply a design to any article of manufacture or to any such substance as aforesaid in the class or classes in which the design is registered ; Court means the Supreme Court, design means any design applicable to any article of manufacture, or to any substance artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape Patents, Designs and Trade Marks. |CQh. 31. No. 18. or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other: means Whatever, manual, mechanical, or chemical, separate or combined ; enemy territory | means—- (a) any area which was enemy territory as defined by subsection (1) of section 2 of the Trading with the Enemy Ordinance ; (6) any area in relation to which the provisions of the said Ordinance applied by virtue of an order made under subsection (1a) of the said section 2, as they applied in relation to enemy territory as so defined; and (c) any area which, by virtue of Regulation 8 or Regulation 9 of the Defence (Trading with the Enemy) Regulations, 1940, or any order made thereunder, was treated for any of the purposes of the said Ordinance as enemy. territory as defined or as such territory as is referred to in the last foregoing paragraph , Germany — means territory comprised in’ the German State on the Ist of March, 1938, German national does not include any person who at the relevant time was a German national by reason only of the incorporation of any territory in the German State after the Ist of March, 1938, or was not an enemy for any of the purposes of the Trading with the Enemy Ordinance ; ‘invention means any manner of new manufacture the subject of Ietters patent and grant of privilege within section 6 of the Statute of Monopolies, and includes an alleged invention; Judge ” means a Judge of the Court ; ‘patent means certificate of registration in the Register of Patents, and includes all the rights con- ferred or evidenced by such registration ; patentee’ means the person for the time being registered as the proprictor of a patent ; 937 2l Jac. L, c. 3. 938 Application for patent, On delivery of declara- tion and specification Registrar to issue patent. Drawings. Provisional specification. Ch. 31. No. 18.] 0 Patents, Designs and Trade Marks. registered means registered in the Register of Patents, the Register of Designs, or the Register of Trade Marks, as the case may be; and “ registration ’ has a corresponding meaning; Registrar means the Registrar General, and includes anv Deputy Registrar or person acting under the authority of such Registrar; and “ registry ” means the office of the Registrar General; specification — includes all tracings, drawings, diagrams, and other exhibits referred to in’ such specification ; United Kingdom patent — means letters patent for an invention eri anted in the United Kingdom. PART TI, PATENTS. Local patents. 3. (1) Any person may make an application for a patent. (2) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly. 4. (1) The Registrar, on an application by or on behalf of any person claiming to be the inventor or proprietor of any invention, and on the delivery to the Registrar of a declaration in writing according to form A in the Schedule hereto together with a specification in duplicate signed by the applicant or his agent, particularly describing the nature of the invention and in what manner the same is to be performed, and on payment of the prescribed fee, shall deliver to such person or his agent a certificate according to form B in the said Schedule, hereinafter called a patent, and a copy of such patent shall be inserted by the Registrar in the Royal Gasette. (2) All drawings, tracings, diagrams, plans, and other exhibits referred to in any specification shall be made on tracing linen or some other durable material to the satis- faction of the Registrar, and in no case on tracing paper. (3) Provided that if, in lieu of such specifications as aforesaid, the applicant shall deliver a provisional specifi- Patents, Designs and Trade Marks, (Ch. 31. No. 18. cation describing the nature of the invention, and, if required by the Registrar, accompanied by plans, and shall, in lieu of the fees otherwise payable on application for a patent, pay a fce of $4.80 or such other fee as may be prescribed, the Registrar may issue to the applicant a certificate in the form E in the said Schedule, and the invention may there- upon be used for a period of nine months or until within such period a patent shall have been granted for the same without prejudice to such patent, and in such case such patent shall be granted on delivery within such period of nine months of such complete specification as hereinbefore mentioned, and on payment of the balance of the fee payable on application for a patent. (4) On an application for a patent, the specification or provisional specification and drawings, if any, accom- panying or Ieft in connection with such application shall not at any time be open to public inspection or be published by the Registrar, unless and until such patent has been granted. 5. (1) The Registrar shall keep a book at the registry called ‘‘ The Register of Patents,’ and shall record therein under a distinguishing number and in the order in which application shall have been duly made to him, every such invention, and the christian and surname of the inventor, and the day of the date of the patent, and shall cause every specification to be marked with the distinguishing number of the invention to which the specification refers. (2) All assignments, charges, transmissions, amend- ments, extensions, and revocations of patents, and such other matters affecting the validity or proprictorship of patents as may from time to time be prescribed, shall be notified to the Registrar, who shall, on sufficient evidence thereof, and on payment of the prescribed fee, note the same in the Register of Patents. 6. Every patent shall vest in the patentce, his executors, administrators, or assigns and licensces, the sole right and benefit of using within the Colony the invention mentioned in such patent for and during the space of fourteen years next after the granting of such patent: Provided that, at any time before the expiration of such period, the Governor 939 Specification and draw- ings not public. Register of Patents. Patent to vest exclu- sive right for 14 years. 940 Disclaimer oralteration, Amendment of speciti- ‘ation, Infringe- ment Revoes Ch. 31. No. 18.) Patents, Designs and Trade Marks. may, in his diseretion, extend the same for any period not exceeding seven years, and may in like manner extend such further period toa like extent as often as he shall deem right. 7. Any patentee may on payment of the prescribed fee, enter with the Registrar a disclaimer of any part of either the title of the invention or of the specification, stating the reasons for such disclaimer, or may enter a memorandum of any alteration in such title or specification, not being such diselaimer or such alteration as would make the patentee claim an invention substantially larger than, or substantially different from, that claimed by the specification as it stood before such amendment and such disclaimer or memoran- dum of alteration being filed by the ‘aid Registrar shall be deemed and taken to be part of such title or specification : Provided that the foregoing provisions of this section shall not apply to a patent in respect of which an action for infringement or proceeding for revocation of a patent is pending. 8. Every amendment of a specification shall be advertised in the Roval Garette 9. A patentee may restrain any person from infringing lis patent, and may recover damages for such infringement bv action in the Court. 10. (1) Revocation of a patent may be obtained on petition to the Court on any of the ‘following grounds, namely: (a) that the patent was obtained by fraud; (6) that the patentee was not the true inventor or proprietor of every invention included in his claim; (c) that anything claimed by the patentee as his invention was publicly manufactured, used, or sold within the Colony before the date of the patent, or included in some prior patent. (2) A petition for revocation of a patent may be presented by- (a) the Attorney General or Solicitor General, or any person authorised by them or either of them; Patents, Designs and Trade Marks. |Ch. 31. No. 18. . (6) any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; (c) any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentec; (d) any person alleging that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold within the Colony, before the date of the patent, anything claimed by the patentee as his Invention. 11. (1) In any action or proceeding for the infringement or revocation of a patent, the plaintiff or petitioner must deliver with his statement of claim or petition particulars of the breaches complained of or the objections on which he means to rely, and a defendant must deliver with his state- ment of defence particulars of any objections on which he relies, and no evidence, except by leave of the Court or a Judge, shall be admitted in proof of any breach or objec- tion of which particulars are not so delivered. (2) Particulars delivered may be from time to time amended, by leave of the Court or a Judge. (3) When a patent has been revoked on the ground of fraud, the Registrar may, on the application of the true inventor, made in accordance with the provisions of this Ordinance, grant to him or his agent a patent according to the form in the Schedule to this Ordinance in lieu of and bearing the same date as the date of revocation of the patent so revoked, and a copy of such patent shall be inserted by the Registrar in the Royal Gazette; but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted. (+) No proceeding shall lic for revocation of a patent vested in His Majesty’s Secretary of State for War for the time being, except by consent of the Governor. 12. (1) A patent shall have to all intents the like effect against His Majesty as it has against a subject. 941 Procedure. Rights of the Crown. Court may order patentee fo grant licences, Applic. for regis- tration. Documents fo accom, pany apple cation, Ch. 31. No. 18.) Patents, Designs dnd Trade Marks. (2) But the officers or authorities administering any departinent of the service of the Crown may, by themselves their agents, contractors, or others, at any time after the Application, use the invention for the services of the Crown on terms to be before or after the use thereof agreed on with the approval of the Governor between those officers or authorities and the patentee, or in default of such agree- ment, on such terms as may be settled by the Governor. 13. {f, on the petition of any person interested, it is proved that by reason of the default of a patentee to grant licences on reasonable terms (a) an invention is vot being worked in the Colony, (2) the reasonable requirements of the public with respect to the invention cannot be supplied, or (c) any person is prevented from working or using to the best advantage an invention of which he is possessed, the Court may order the patentee to grant licences on such terms, and may enforce such order in such manner, as it shall think fit. 14. Tf a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Registrar may at any time cause a duplicate thereof to be issucd. C nited Kingdom patents. 15. Any person being the grantee of a United Kingdom patent, or any person deriving | his right from such grantee by assignment, transmission, or other operation of law, may apply Within three vears from the date of issue of such patent to have such patent registered in the Colony. Where any partial assignment or transmission has been made, all proper partie. shall be joined in the application for regis- tration, 16. (1) Every application under the last preceding section shall be accompanied by two certified copies of the specification or specifications (including drawing. , if any) of the United Kingdom patent and a certificate of the Comp- Patents, Designs and Trade Marks. |Ch.31. No. 18. troller General of the United Kingdom Patent Office, giving full particulars of the issue of the patent on such specifi- cation or specifications. (2) Upon such application being received, together with the documents mentioned in subsection (1) of this section the Registrar shall issue a certificate of registration. (3) Such certificate of registration shall confer on the applicant privileges and rights, subject to all conditions established by the law of the Colony, as though the patent. had been issued in the United Kingdom with an extension to the Colony. (+) Privileges and rights so granted shall date from the date of the patent in the United Kingdom, and shall continue in force only so long as the patent remains in force in the United Kingdom: Provided that no action for infringement shall be enter- tained in respect of any manufacture, use, or sale of the invention prior to the date of issue of the certificate of registration in the Colony. 16a. The Court shall have power upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of regis- tration under subsection (2) of section 16, to declare that the exclusive privileges and rights conferred by such certificate of registration have not been ac quired on any of the grounds upon which the United Kingdom patent might be revoked under the law for the time being in force in the United Kingdom. Such grounds shall be deemed to include the manufacture, use or sale of the invention in the Colony prior to the date of the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention in the Colony by some person or persons after the date of the patent in the United Kingdom and prior to the date of the issue of the certificate of registration under subsection (2) of section 16, 17. The Registrar shall record in the Register of Patents, Ina special part to be set aside for United Kingdom patents, under a distinguishing number and in the order in which 943 Issuc of certificate of registration, Rights con- ferred by certificate. Duration of rights conferred by certificate. No action for infringe- ment prior to issue of certificate. Power of Court to adjudicate on privileges conferred by a certificate of registra- tion. Register of Patents, O44 Amendment of entries im Rewister. Entry of assignments in Register, Register of Designs, Author of new desipn to be deemed proprietor thereof. Ch. 31. No. 18.) Patents, Designs and Trade Marks. applications shall have been duly made to him, every application for the registration of a United Kingdom patent, and the christian and surname of the applicant, and the day of the date of the certificate of registration issued in respect thereof, 18. Whenever the specification or drawings of a United Kingdom patent registered in the Colony have been amended by way of dise laimer, correction, or explanation, according to the law of the United King ‘dom, on request, accompanied by a copy of the specification and drawings, if any, as amended, duly certified by the Comptroller General of the United Kingdom Patent Office, the Registrar shall substitute aecopy of the specification and drawings as amended, for the specification and drawings originally filed. 19. Where a person become. entitled by assignment, (ransmission, or other operation of law to the privileges and rights conferred by certificate of registration or to any interest therein, he may make application in the prescribed manner to the Registrar for the entry on the Register of Patents of such assignment, transmission, or other inst ru- ment atlecting the title, or giving an interest therein, and such entry shall be made accordingly, PART TT. DESIGNS. 20. There shall be kept at the registry a book called ‘f The Register of Designs,” wherein shall be entered the names and addresses of proprictors of registered designs, and such other matters as may from time to time be prescribed. 21. Phe author of any new and original design shall be deemed to be the proprietor thereof, unless he executed the work on behalf of another person for a good or valuable consideration, in which case such person shall be considered the proprietor; and every person acquiring for a good o1 valuable consideration a new and original design, or the right to apply the came to any artic le or substance, cithe exclusively of any other person or otherwise, and also ever! Patents, Designs and Trade Marks. |Ch. 31. No. 18. person on whom the property in such design or such right to the application thereof shall devolve shall be considered the proprietor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise, 22. (1) The Registrar may, on application by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in the Colony, and on payment of the prescribed fee, register the design under this Part of this Ordinance. (2) The application must be made in form C in the Schedule hereto, or in such other form as may be from time to time prescribed, and must be left at the registry in the prescribed manner. (3) The appheation must contain a statement of the nature of the design, and the preseribed class or classes of goods in which the applicant desires that the design) be registered, (4) The same design may be registered in more than one class. (5) In case of doubt as to the class in which a design ought to be registered, the Registrar may decide the question. (6) The Registrar may, if he thinks fit, refuse to register any design presented to him for registration, but any person agetieved by any such refusal may appeal therefrom to a Judge in Chambers, 23. On application for registration of a design, the applicant) shall furnish to the Registrar the prescribed number of drawings, photographs, or tracings of the design sufficient to enable him to identify the design, and suitable for the official records; or the applicant may, instead of such copies, furnish exact representations or specimens of the design. 24. (1) When a design is registered, the registered proprictor of the design shall, subject to the provisions of this Ordinance, have copyright in the design during five years from the registration of the design. T.—IV. 60 945 Application for repistra- tion of designs. Drawings, ctc., to be furnished on application. Copyright on registration. 946 Marking Tegistered designs, Inspect 1on of registered designs, Information as to existence of copytight. Ch. 31. No. 18.] Patents, Designs and Trade Marks. (2) Before delivery on sale of any articles to which a registered design has been applied, the proprictor must (if exact representations or specimens were not furnished on the appheation for registration) furnish to the Registrar the preseribed number of exact representations or specimens of the design; and if he fails to do so, the Registrar may erase his name from the register, and thereupon his copyright in the design shall cease. 25. Before delivery on sale of any articles to which a registered design has been applied, the proprietor of the de sign shall cause cach such article to be marked with the prescribe do mark, or with the prescribed word or words or figure. denoting that the design is registered; and if he fails to do so the copyright in the design shall cease, unless the proprictor shows that he took all proper steps to ensure the marking of the article. 26. (1) During the -xistence of copyright ina design, the design shall not be open to inspection except by the pro- prietor or a persen authorised by the Registrar or by the Court, and furnishing such information as may enable the Registrar to identify the design, nor except in the presence of the Registrar, nor except on payment of the prescribed fee; and the person making the inspection shall not) be entitled to take any copy of the design or of any part thereof, (2) When the copyright in a design has ceased, the design shall be open to mspection, and copies. thereof may be taken by any person on payment of the prescribed fee. 27. On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the Registrar to identify the design, and on payment of the pre scribed fee, it shall be the duty of the Registrar to inform such person whether the registration still exists in respeet of such design, and if so, in respect of what class or classes of goods, and stating also the date of registration, and the name and address of the registered proprictor, Patents, Designs and Trade Marks. (Ch. 31. No. 18. 28. If a registered design is used in manufacture in any foreign country and is not used in the Colony within six months of its registration in the Colony, the copyright in the design shall cease. 29. (1) During the -xistence of copyright in any design no person (a) shall, without the licence or written consent of the registered proprictor, apply or cause to be applied such design or any fraudulent or obvious imitation thereof, in the class or classes of goods in which such design is registered, for purposes of sale, to any article of manu- facture or to any substance, artificial or natural, or partly artificial and partly natural; (6) shall publish or expose for sale any article of manufacture or any substance to which such design or any traudulent or obvious imitation thereof shall have been so applied, Knowing that the same has been so applied without the consent of the registered proprictor. (2) Any person who acts in contravention of this section shall be liable for every offence to forfeit a sum not exceeding two hundred and forty dollars to the registered proprictor of the design, and such registered proprietor may, by action brought in the Court, recover cither such sum as a simple contract debt, or damages arising from any breach of the said section: Provided that the total sum forfeited in respect of any one design shall not) ‘xceed) four hundred and cighty dollars. PART TIA. [8th March, 1929.] UNITED KINGDOM DESIGNS. 29a. Any person being the registered proprietor of a design registered in the United Kingdom under the Patents and Designs Acts, 1907 and 1919, or any Act amending or substituted for those Acts,-or any person deriving his right from such registered proprictor by assignment, transmission, or other operation of law, may apply within three years 60 (2) 947 Ceasing of copyright. Penalty on piracy of registered design. O48 Ch. 31. No. 18.) Patents, Destgns and Trade Marks. from the date of registration of the design to have such design registered in the Colony. Where any partial assignment or transmission has) been made all) proper parties shall be joined in the application for registration, 298. An application for registration of a design under the last preceding section shall be made to the Registrar and accompanied by two representations of the design and a certificate of the Comptroller General of the United King- dom Patent Office giving full particulars of the registration of the design in the United Kingdom and stating the date at which such design became or Will normally become open to public inspection. 29¢. Upon such application being lodged, together with the documents mentioned ino section 298, the Registrar shall issue a certificate of registration. 29). Such certificate of registration shall confer on the applicant privileges and rights subject to all conditions established by the law of this Colony as though the certifi- cate of registration in the United Kingdom hi id been issued with an extension to the Colony. 29y Privileges and rights so granted shall date from the date of registration in the United Kingdom and shall continue in foree only long as the registration in’ the United Kingdom remains in force’ Provided that no action for infringement of copyright in the design shall be entertained in respect of any use of the design prior to the date of issue of the certificate of regis- {ration in the Colony. 291. The Court shall have power upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of regis- tration under section 29¢ to declare that the exclusive privileges and rights conferred by such certificate have not been acquired on any of the grounds upon which = the United Kingdom registration might be cancelled under the law for the time being in force in the United Kingdom. Patents, Designs and Trade Marks. [Ch. 31. No. 18. Such grounds shall be deemed to include the publication of the design in the Colony prior to the date of registration of the design in the United Kingdom, but not to include the publication of the design in the Colony by some person or persons after the date of the registration of the design in the United Kingdom and prior to the date of the issue of the certificate of registration under the said section 29c. 29G. Where a person becomes entitled by assignment, transmission, or other operation of law to the privileges and rights conferred by a certificate of registration under section 29¢, or to any interests therein, he may make application in the prescribed manner to the Registrar for the entry on the register of such assignment, trans- mission, or other instrument affecting the title, or giving an interest therein. 29H. The Registrar may make such general rules and do such things as he may think expedient, subject to the provisions of this Ordinance, for regulating procedure under this Part of this Ordinance, and prescribing the fees to be paid in respect of proceedings thereunder. 291. Notwithstanding the provisions of sections 26 and 55, a design registered under this Part of this Ordinance shall not be open to inspection (except by the proprietor or a person authorised in writing by him, or a person authorised by the Registrar or by the Court) before the date when such design became open to public inspection in the United Kingdom. 29j. All extensions of the period of copyright in the United Kingdom in a design registered under this Part of this Ordinance shall be notified to the Registrar, who shall on sufficient evidence thereof and on payment of the prescribed fee enter the same in the register in the pre- scribed manner. 29k. With regard to designs registered under this Part of this Ordinance, the Registrar may, on request in writing 949 950 Rerister of trade marks, Appheation for registra- tion, Ch. 31. No. 18.] 0 Patents, Designs and Trade Marks. made by the registered proprietor, and on payment of the preseribed fee, (a) cancel the registration of a design either wholly or in respect of any particular goods in connection with which the design is registered ; (6) correct any clerical error in or in connection with any application under this Ordinance or in any matter which is entered upon the register ; (c) enter in the register any change in the name or address of the person who is registered as proprictor ofa design. PART III. TRADE MARKS. 30. There shall be kept at the registry a book called the Register of Trade Marks, wherein shall be entered the names and addre. os of proprietors of registered trade marks, notifications of assignments, charges, and transmissions of trade marks, and such other matters as may be from time fo time preseribed. 31. (1) The Registrar may, on application by or on behalf of any person claiming to be the proprietor of a trade mark, and on payment of the preseribed fee, register the trade mark, (2) The application must be made in form D in the Schedule hereto, or ino such other form as may be from time to time prescribed, and must be left at the registry in the preseribed manner. (3) The application must be accompanied by the prescribed number of representations of the trade mark and must state the particular class of goods or classes of goods in connection with which the applicant desires the trade mark to be registered. (4) The Registrar may, if he thinks fit, refuse to register a trade mark, subject to appeal to a Judge in Chambers. Patents, Designs and Trade Marks. [Ch. 31. No. 18. 32. Where the registration of a trade mark shall not be completed within twelve months from the date of the application, by reasons of default on the part of the applicant, the application shall be deemed to be abandoned. 33. (1) For the purposes of this Ordinance, a trade mark must consist of or contain at least one of the following sssential particulars — (a) a name of an individual or firm printed, impressed or woven in some particular and distinctive manner; or (6) a written signature or copy of a written signature of the individual or firm applying for registration thereof as a trade mark; or (c) a distinctive device, mark, brand, heading, label, or ticket; or (dz) an invented word or invented words; or (ec) a word or words having no reference to the character or quality of the goods, and not being a geographical name. (2) There may be added to any one or more of the essential particulars mentioned in this section any letters, words, or figures, or combination of letters, words, or figures or of any of them, but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register. (3) Provided that— (a) a person need not, under this section, disclaim his own name, or the foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof; (b) any special and distinctive word or words, letter, figure, or combination of letters or figures, or of letters and figures, used as a trade mark, either in the Colony or elsewhere, before the 13th of August, 1875, may be registered as a trade mark. 951 Limit of time for complet- ing registra- tion. Conditions of registra tion of trade mark. O52 Conteetion of trade matk with Koods, Ch. 31. No. 18.) Patents, Designs and Trade Marks. 34. A (rade mark must be registered for particular goods or classes of goods, 35. When a person claiming to be the proprietor of several trade marks whieh, while resembling each other in the material particulars thereof, yet differ in’ respect) of (a) the statement of the goods for which they are respec- tively used) or proposed to be used, or ()) statements of numbers, or (ce) slitements of price, or (d) statements of quality. or (¢) statements of names of places, seeks to register such (rade marks, Chey may be registered as a series in one registration, A serie. of trade marks shall be assignable inl transmissible only oa whole, but for all other purposes each of the trade marks composing a series shall be deemed and: treated registered: separately. 36. A trade mark may be registered: in any colour, and such registration: shall, subject to the provisions of this Ordinance, confer on the registered owner the -xclusive right to use the ame in that or any other colour, 37. very appheation for registration of a trade mark under this Ordinance shall, as soon as may be atter its receipt, be advertised by the Registrar in the Royal Gazette, unless he shall refuse to entertain the application. 38. (1) Any person may, willin three months of the first advertisement of the application, give notice in duplicate to the Registrar of opposition lo registration of the trade mark, and the Registrar shall send one copy of such notice to the applicant (2) Within one month after receipt of such notice or such further time as the Registrar may allow, the applicant may send to the Registrar a counter statement in duplicate of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application, 39. On the receipt of such counter statement, or where each of several persons claims to be registered as proprietor of the came trade mark, the Registrar may refuse to register Patents, Designs and Trade Marks. [Ch. 31. No. 18. any of them until their rights have been determined by the Court, 40. (1) Except where the Court has decided that two or more persons are entitled to be registered as proprictors of the same trade mark, the Registrar shall not register in respect of the same goods or description of goods a trade murk identical with one already on the register with respect to such goods or description of goods. (2) Except as aforesaid the Registrar shall not register with respect to the same goods or description of goods a trade mark having such resemblance to a trade mark ready on the register with respect to such goods or description of goods as to be calculated to deceive. 41. It shall not be lawful to register as part of or in combination with a trade mark any words the use of which would by reason of their being calculated to deceive or otherwise, be deemed disentitled to proteetion in any court of justice in England, 42. (1) Nothing in this Ordinance shall be construed to prevent the Registrar entering on the register, in- the preseribed manner, and subject to the prescribed conditions, as an addition to any trade mark, any distinctive word or combination of words, or, in the case of a trade mark used before the 13th of August, 1875, in the Colony or elsewhere, any distinctive device, mark, brand, heading, label, ticket, letter or figure, or combination of letters, words, or figures, though the same is common to the trade in the goods with Tespect to which the application is made. (2) The applicant for registration of any such addition must, however, state in his application the sssential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register: Provided that a person need not under this section disclaim his own name or the foreign equivalent thereof or his place of business, but no entry of any such name shall affect the right of any owner of the 953 Restrictions on registra- tion. Resemblance likely to deceive. Words likely to deceive. Entry of common marks as additions to trade marks. 954 Standardisa- tion, ete., of trade marks. Registration to be equal to public use. Right of first proprictor to exclusive use of trade mark. Infringement of a trade mark. Ch. 31. No. 18.) 9 Patents, Designs and Trade Marks. same name to use that name or the foreign equivalent thereof, (3) Any device, mark, brand, heading, label, ticket, letter, word, figure, or combination of letters, words, or figure. which was or were, before the 13th of August, 1875, publicly used by more than three persons in the Colony or elsewhere, on the same or a similar description of goods, shall, for the purposes of this section, be deemed common to the trade in such goods. 43. Where any association or person undertakes the sxamination of any goods in respect of origin, material, mode of manufacture, quality, accuracy, or other character- istic, and certifies the result of such examination by mark used upon or in connection with such goods, the Governor may, if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade mark in respect of such goods, whether or not) such association or person be a trading association or trader or possessed of a goodwill in connection with such examination and certifving. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such association or person to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Governor. 44. Application for registration of a trade mark shall be deemed to be equivalent to public use of the trade mark, and the date of the application shall for the purposes of this Ordinance be deemed to be the date of the registration. 45. The registration of a person as proprictor of a trade mark shall be primd facte evidence of his right to the exclusive use of the trade mark, and shall, after the expira- tion of five vears from the date of the registration, be conclusive evidence of his right to the exclusive use of the trade mark, subject to the provisions of this Ordinance. 46. The infringement of a trade mark may be restrained, and damages for such infringement recovered in an action in the Court, if such trade mark has been registered, or if Patents, Designs and Trade Marks. ([Ch. 31. No. 18. registration thereof in the Register of Trade Marks has been refused, but in no other case. The Registrar may on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused. 47. In an action for infringement of a registered trade mark, the Court or a Judge may certify that the right to the exclusive use of the trade mark came in question, and if the Court or a Judge so certifies, then, in any subsequent action for infringement, the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or Judge trying the subsequent action certifies that he ought not to have the same. 48. A trade mark, when registered, shall be assigned and transmitted only in connection with the goodwill of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determinable with that goodwill. 49. (1) The registered proprietor of any trade mark may apply to the Court for Ieave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Ordinance, and the Court may refuse or grant leave on such terms as it may think fit. (2) Notice of any intended application to the Court under this section shall be given to the Registrar by the applicant, and the Registrar shall be entitled to be heard on the application. (3) If the Court grants leave, the Registrar shall, on proof thereof, and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave. 50. (1) At the expiration of fourteen years from the date of the registration, the trade mark shall be removed from the register, unless the proprietor pays to the Registrar, before the expiration of such fourteen years, the prescribed fee, and so from time to time at the expiration of every period of fourteen years: 955 Plaintiff to have full costs in subsequent action. Assignment and trans- mission. Alteration of registered mark. Removal from register after 14 years. 956 Scandalous patent, design, o mark, When, patent, ete., deemed to be tegistered., Entry of assignments and trans- missions. Ch. 31. No. 18.) Patents, Designs and Trade Marks. Provided that, three months at least before the expiration of such period, the Registrar shall give due notice of such approaching expiration to the proprietor of such) trade mark, (2) Where, after the aid three months, a trade mark has been removed from the register for non-payment of the preseribed fee, the Registrar may if satisfied that it is just so to do, restore such (rade mark to the register on payment of the prescribed additional fee. (3) Where a trade mark has been removed from the register for non-payment of the fee or otherwise, such trade mark shall, neverthele. . for the purpose of any application for registration during the one year next after the date of such removal, be deemed to be a trade mark Which is) already registered, unless it) is shown to) the ‘atisfaction of the Registrar that the non-payment of the fee arises from the death or bankruptcy of the registered proprictor, or from his having ceased to carry on business, and that) no person claiming under that) proprietor or under his bankruptey is using the trade mark. PART IV GENERAL. 51. There shall not be entered in any register kept under this Ordinance, or be recetvable by the Registrar, any notice of any trust expressed, implied, or constructive, §2. The Registrar may refuse to grant a patent for an invention, or to register, a design or trade mark which is or of which the use would be, scandalous or contrary to law or morality 53. Any patent, design, or (rade mark shall be deemec to be registered when the name of any person is entered, a the proprietor thereof, in the Register of Patents, th Register of Designs, or the Register of Trade Mi irks, the case may be. 54, Where a person become. entitled by assignmen transmission, or other operation of law to a patent, or | Patents, Designs and Trade Marks. [Ch. 31. No. 18. the copyright in a registered design, or to a registered trade mark, the Registrar shall, on request, and on proof of litle, cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade mark, in the Register of Patents, Designs, or Trade Marks, as the case may be. The person for the time being entered in the Register of Patents, Designs, or Trade Marks as proprictor for a patent, copyright in a design, or trade mark, as the case may be, shall, subject to the provisions of this Ordinance, and to any rights appearing from = such register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with the came, and to give effectual receipts for any consideration for such assignment, licence, or dealing: Provided that any equities ino respect of such) patent, design, or trade mark may be enforced in like manner as in respect of any other personal property: Provided also, that the priority of all assignments and charges shall, as regards purchasers for value without notic — be determined by priority of registration. 55. [every register kept under this Ordinance shall be prima facte evidence of all matters duly entered therein; and every such register and the specification: of every registered patent shall be open to the inspection of the public on payment of the prescribed fee, subject to the provisions of this Ordinane and to such regulations as may be preseribed, and cerlifted copie. , caled with the seal of the Registrar, of any entry in such register, or of any such specification, shall be given to any person requiring the same on payment of the prescribed fees Provided that whenever any specification or extract includes any tracing, drawing, or diagram, an additional fee for any copy thereof shall be paid equal to the cost of preparing such tracing, drawing, or diagram, 56. The Registrar may, on request in writing, accom- panied by the preseribed fe (a) correct any clerical error in or in connection with an application for a patent, or for registration of a design or trade mark; 957 Power of propriclor "to assign, Priority, Inapection of and extracts from register. Correction of errors, cancellation, and amend- ment. Orders by Judge. Powers of Court or Judge. Persons under dis- ability. Ch. 31. No. 18.) Patents, Designs and Trade Marks. (6) correct any clerical error in the name, style, or address of the registered proprietor of a patent, design, or trade mark; or (c) cancel the entry or part of the entry of a trade wark on the register: Provided that the applicant accompanic. his request by a statutory declaration made by himself stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade mark; (7) permit an applicant for registration of a design or trade mark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the design or trade mark to be registered. 57. A certificate purporting to be under the hand of the Registrar as lo any entry, matter, or thing which he ts authorised by this Ordinance, or by any general rules made thereunder, to make or do, shall be promd facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone. 58. An order requiring the Registrar to do or abstain from doing anything under this Ordinance, may be made by a Judge on a summons in Chambers. 59. In any proceedings under this Ordinance, the Court ora Judge, as the case may be, may at any time make such orders for an injunction, inspection, or account, impose such terms, and give such directions as to the order in which the parties shall be heard, and the procedure under this Ordinance generally, as the Court or Judge shall see fit. 60. If any person is, by reason of infancy, unsoundness of mind, or other disability, incapable of making any declaration or doing anything required or permitted by this Ordinance, or by any rules made under the authority of this Ordinance, then the guardian or committee, if any, of such incapable person, or if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of persons under disability, upon the Patents, Designs and Trade Marks. [Ch. 31. No. 18. petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration, or a declaration as nearly as possible corresponding thereto, as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Ordinance be as effectual as if done by the person for whom he is substituted, 61. The Registrar shall cause to be published, during each quarter, in the Royal Gazelle, a list of all patents granted, and designs and trade marks re gistered, during the preceding quarter, and any further information that he may deem generally useful or important. 62. Copies of the specifications of all registered patents, and all registered amendments thereof, and of all published lists of registered designs and trade marks, shall be trans- mitted to the Comptroller of Patents, Designs, and Trade Marks in England. 63. Any declaration required to be made under this Ordinance may be taken by the Registrar. International and Colonial arrangements. 64. (1) Any person who has applied for protection for any invention, design, or trade mark in the United King- dom, or in any foreign State with the Government of which His Majesty has made arrangements under the provisions of section 103 of the Patents, Designs, and Trade Marks Act, 1883, as amended by the Patents Act, 1901, or any sub- sequent enactment, for mutual protection of inventions, designs, and trade marks, shall be entitled to a patent for his invention, or to registration of his design, or trade mark, as the case may be, under this Ordinance, in priority to other applicants; and such patent or registration shall take effect from the same date as the date of the application in the United Kingdom or such foreign State, as the case may be. (2) Such application shall be made, in the case of a patent, within twelve months, and in the case of a design 959 Publication of quarterly lists. ‘Transmission of copies, etc., to England. Declarations. Inter- national and colonial ar- rangements. 46 & 47 Vict. c. 57. 1 Edw. VII. c. 18. 960 Extension of time for applications under section 64 in certain cases. Ord. 5-1947, s. 4 (3). Ch. 31. No. 18.] Patents, Designs and Trade Marks. or trade mark, within four months, from such person applying for protection in the United Kingdom or the foreign State with which the arrangement is in force. (3) Nothing in this section contained shall entitle the patentee or proprietor of the design or trade mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade mark, as the case may be, in the Colony. (4) The publication in the Colony during the res- pective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the xhibition or use therein during such periods of the design, or the publication therein during such periods of a descrip- tion or representation of the design, or the use therein during such periods of the trade mark, shall not invalidate the patent granted for the invention, or the registration of the design or trade mark. (5) The application for the grant of a patent, or the registration of a design or a trade mark, under this section shall be made in the same manner, and subject to the payment of the same fees, as an ordinary application under Parts I., 1]., [A. and IT1. respectively of this Ordinance. (6) In the case of a patent, an application under this section shall be accompanied by a complete specification which if it be not accepted within the period of twelve months, shall with drawings, if any, be open to public inspection at the expiration of that period. (7) The provisions of this section shall, in the case of foreign States, apply only in the case of those foreign States with respect to which His Majesty, from time to time, by order in council, declares the provisions of the aforesaid section 103 of the said first recited Imperial Act, or any subsequent enactment, to be applicable, and so long only in the case of cach State as such order continues in force with respect to that State. 65. (1) The Governor may, as respects any Convention country (as defined in section 91A of the Patents and Designs Acts 1907 to 1946, passed by the Imperial Parlia- ment), if he is satisfied that provision substantially Patents, Designs and Trade Marks. [Ch. 31. No. 18. equivalent to the provision to be made by or under this section has been or will be made under the law of that country, make rules empowering the Registrar to extend the time for making application under section 64 of this Ordinance for the granting, in priority to other applicants, of a patent for an invention, or for the registration, in priority to other applicants, of a design, in any case where the period specified in subsection (2) of the said section 64 for the making of an application under the said section -xpires during a period prescribed by the rules. (2) Rules made under this section-— (a) may, where any agreement or arrangement has been made between His Majesty’s government in the United Kingdom and the government of the Convention country for the supply or mutual exchange of informa- tion or articles, provide, cither generally or in any class of case specified in the rules, that an extension of time shall not be granted under this section unless the invention or design has been communicated in accordance with the agreement or arrangement ; (6) may, either .generally or in any class of case specified in the rules, fix the maximum extension which may be granted under this section and provide for reducing the term of any patent granted on an application made by virtue of this section, and (not- withstanding anything contained in rules made under this Ordinance) vary the times for the payment of renewal fees in respect of such a patent and the amount of such fees; (c) may prescribe or allow any special procedure in connection with applications made by virtue of this section ; (d) may empower the Registrar, as respects any application made by virtue of this section, to substitute for the period of twelve months specified in subsection (6) of the said section 64 such other period as appears to him expedient ; (e) may empower the Registrar to extend, subject to such conditions, if any, as may be imposed by or under the rules, the time limited by or under the T.—Iv. 61 961 902 Ch. 31. No. 18.) Patents, Designs and Trade Marks. foregoing provisions of this Ordinance for doing any act in relation to an application made by virtue of this section: (f{) may provide for securing that the rights conferred by a patent granted or registration made on an appli- cation made by virtue of this section shall be subject to such restriction or conditions as may be specified by or under the rules and in particular that where, otherwise than as the result) of any communication made in accordance with such an agreement or arrange- ment as is mentioned in paragraph (a) of this sub- section, and before the date of the application in question or such later date as may be allowed by the rules, either the invention has been made, used, exer- cised or vended, or the design applied, by any person (including a person acting on behalf of His Majesty), or application for a patent for the invention or for registration of the design has been made by any such person as aforesaid, the rights conferred by a patent eranted, or registration mi de, upon the first-mentioned application shall be subject to such conditions and reservations for the protection of that person as may be specified by or under the rule. 66. Where an agreement or arrangement has been made between His Majesty’s government in the United Kingdom and the government of another country for the supply or mutual exchange of information or article. , and the Governor is satisfied that provision substantially equivalent to the provision to be made by or under this section has been or will he made under the law of that country, the Governor mi ay make rules to secure that the communication, in accordance with the agreement or arrangement, of an invention or design, or the publication, making, use, exercise or vending of an invention, or publication or application of a design, in consequence of such communication, shall not prejudice any application for a patent for the invention or registration of the design, being an application made by a person from whom the invention or design was so communicated or the legal representative or assignee of such a person, or invali- date the grant on such an application of a patent for the invention or the registration of such an application of the design. Patents, Designs and Trade Marks. |Ch. 31. No. 18. 67. (1) Any rules made in pursuance of the last two preceding sections shall be laid before the Legislative Council. (2) Any such rules and any order made, direction given, or other action taken under the rules by the Regis- trar, may be made, given or taken so as to have effect as respects things done or omitted to be done on or after such date, whether before or after the coming into operation of the rules, as may be specified in the rules. 68. (1) Whenever it appears to the Governor in Council that the legislature of any British Possession has made satisfactory provision for the protection in such Possession of inventions, designs, and trade marks, patented or registered in the Colony, the Governor in Council mav, by order, apply all or any of the provisions of the last preceding section relating to the protection of inventions, designs, and trade marks, patented or registered in the United Kingdom, with such variations or additions, if any, as to the Governor in Council scem fit, to inventions patented, and designs and trade marks registered, in such British Possession. (2) An order under this section shall, from a date to be mentioned for the purpose in the order, take effect as if its provisions had been contained in this Ordinance, 69. (1) An application for a patent or for the registra- tion of a design may be refused by the Registrar at any stage of the proceedings on the ground that the invention or design was, during the period beginning with the 3rd of September, 1938, and ending with the 31st of December, 1945, invented or designed in Germany or Japan or invented or designed by a German or Japanese national in any territory which was then enemy territory. (2) The ground mentioned in subsection (1) of this section shall be an additional ground for revoking a patent under section 10, and shall also, on infringement pro- ceedings, be an additional ground of defence or for a counterclaim for the revocation of a patent or the cancella- tion of the registration of a design. 61 (2) 963 Provisions as to rules under sec- tions 65 and 66, Inter- colonial ar- Tangements. Inventions and designs made in Germany or Japan. 904 Ch. 31. No. 18.) Patents, Designs and Trade AMLarks. (3) The foregoing provisions of this section shall not apply in any where (a) the applicant, patentee, or proprietor of a registered design, as the may be, proves that the invention or design was invented or designed in Germany before the 3rd of September, 1938, or was invented or designed ino Japan before the 7th of December, 1941, and has at no time since the 3rd of September or as the case may be, the said 7th of December been beneficially owned in whole or in part by a German oor Japane. national or a German or Japane. company or (6) the application for the patent or for the regis- tration of the design was made before the Ist) of February, 1946, and the applicant, patentee, or proprictor of the design, as the case may be, proves that the invention or design was independently invented or designed outside Germany and Japan by a person, other than a German. or Japanese national, being either the applteant, patentee or proprietor or a person through whom he claims, or (c) the invention or design was iuvented or designed by a prisoner of war in German or Japanese hands, unless it is shown that it was subsequently obtained from him by any German or Japanese national before the Ist of January 19-46, (4) An appeal shall Tie from any decision of the Registrar under this section to a Judge in Chambers. (5) The Registrar, with the sanction of the Governor, may make rules under section 70 for carrying this section into effeet and in: particular for requiring applicants for a patent or for the registration of a design to furnish infor- mation as to matters arising under this section, Rules and fees. Rule. 70. (1) The Registrar, with the anction of the Governor, ™ may from time to time make such general rules and do such things as he may think expedient, for regulating the practice of registration under this Ordinance, for classifying goods. for the purposes of designs and trade marks, for oreseribing the fees to be paid under this Ordinance, or for Patents, Designs and Trade Marks. (Ch. 31. No. 18. 965 any other purpose which may be or be deemed necessary for the carrying out of the provisions of this Ordinance. (2) Any rules made in pursuance of this section shall be laid before the Legislative Council. SCHEDULE. Form A. Application for Patent. (Section 4.) l, of do solemnly and sincerely declare that | am in possession of an invention for | state the title of the invention), which invention I believe will be of great public utility, and that the same is not in use by any person or persons in the Colony of Trinidad and Tobago to the best of my knowledge and belief, and that the instrument in writing under my hand herewith delivered particularly describes and ascertains the nature of the said invention, and the manner in which the same is to be performed; and I humbly pray that a patent may be granted to me for the said invention. I make this declaration conscientiously believing the same to be true and according to the Statutory Declarations Ordinance, and I am aware that if there is any statement in this declaration which is false in fact which I know or believe to be false or do not believe to be true, Tam liable to fine and imprisonment. Declared at on the day of 19 Before me, Form B. Patent. (Section 4.) 1, .4.4., Registrar of Patents, Designs, and Trade Marks for the Colony of Trinidad and Tobago, do hereby certify that on the day of ,19 , has been delivered to me by [or, on behalf of] of , a declaration in writing signed by the said of a certain invention, whereof the said claims to be the inventor or proprictor, being an invention [state the name of the invention] together with a specification describing the nature of the said invention and the manner in which the same is to be performed, and that the name of the said has been entered in the Register of Patents as the proprictor of this patent. In witness whereof | have hereunto subscribed my name at Port-of-Spain this day of 19 Form C. Application for Registration of Design. (Section 22.) day of ,19”~—(«w You are hereby requested to register the accompanying Design in Class in the name of of who claims to be the proprietor thereof and to return the same to Statement of nature of Design To the Registrar of Patents, Designs, and Trade Marks for the Colony of Trinidad and Tobago. (Signed) 966 (Section 31) (Section 4.) Ch. 31. No. 18.) Patents, Designs and Trade Marks. Form D. Application for Registration of Trade Mark. (One representation to be fixed within this space and two others on separate sheets of foalscap of same size.) (Representations of a larger size may be folded, but must be mounted upon linen and athxed hereto.) You are hereby requested to register the accompanying trade mark in Class in the name of who claims to be the proprietor thereof. o the Registrar of Patents, Designs, and Trade Marks for the Colony of Trinidad and Tobago. (Signed) Form FE. Certificate of Provisional Protection. 1, A.B., Registrar of Patents, Designs, and Trade Marks for the Colony of Trinidad and Tobago hereby certify that on the day of , 19, has been delivered to me by [or, on behalf of] of a declaration in writing signed by the said of a certain invention whereof the said claims to be the inventor or proprietor, being an invention [state the name of the sarention| together with a provisional specification describing the nature of the invention, and that the said is entitled to provisional protection from the consequences of the use and publication of such invention for the period of nine months from this date or until within that period a patent for the same shall have been granted, A.B., Registrar General, Assurance Companies. [Ch. 31. No. 19. 967 CHAPTER 31. No. 19. ASSURANCE COMPANIES. AN ORDINANCE TO REGULATE THE CARRYING ON OF Ordinances ASSURANCE OR INSURANCE BUSINESS AND FOR PUR- No. ye POSES INCIDENTAL THERETO. 31-1944. 19-1947. [29th March, 1943.] Commence- ment. 1. This Ordinance may be cited as the Assurance Com- Short title. panies Ordinance. 2. In this Ordinance- actuary means a Fellow of the Institute of Actuaries in England, or a Fellow of the Faculty of Actuaries in Scotland, or an actuary possessing such other qualifications as may from time to time be approved by the Governor; “annuities on human life does not include super- annuation allowances and annuities payable out of any fund applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade, or employment, or of the dependants of such persons ; ‘chairman means the person for the time being presiding over the board of directors or other governing body of an assurance company; “Court means the Supreme Court ; financial year’’ means each period of twelve months at the end of which the balance of the accounts of an assurance company is struck or if no such balance is struck, then the calendar year; ‘‘ policy holder ’’ means the person who for the time Interpre- tation. 968 Companie. to which Ordigance applies. Ch. 31. No. 19.) -lssurance Compantes. being is the legal holder of the policy for securing the contract with the assurance company: prescribed — means prescribed by rules made under this Ordinance. Compantes to which Ordinance applies. 3. (1) Save as hereinatter provided, this Ordinance shall apply to all persons or bodies of persons, whether corporate or unincorporate, not being registered under the Ordi- nance. relating to friendly societie. or to trade unions (which persons and bodies of persons are hereinafter referred to as “assurance companie, *'), whether established before or after the commencement of this Ordinance and whether established within or without the Colony, who carry on within the Colony assurance business of all or any of the following classes: (a) life assurance business, that is to say, the issue of, or the undertaking of ability under, policies of assurance upon human life, or the granting of annuitie. upon human life (0) fire insurance business, that is to say, the issue of, or the undertaking of ability under, policie. of Insurance against loss by or incidental to fire; (c) accident insurance business; that is to say, the issue of, or the undertaking of liability under, policies of insurance upen the happening of personal accidents, whether fatal or not, disease or sickness, or any class of personal accidents, disease, or sickness ; (7) emplover’ liability. insurance business; — that is to say the issue of, or the undertaking of liability under, policies insuring employers against liability to pay compensation or damages to workmen in their emplovment (e) bond investment business; that is to say, the business of issuing bonds or endowment certificates by which the company in return for subscriptions pavable at periodical intervals of less than six months contracts to pay the bond-holder a sum at some future date, and not being life assurance as herein- before defined, or sinking fund or capital redemption insurance business; Assurance Companies. [Ch. 31. No. 19. 969 (f) motor vehicle insurance business; that is to say, the business of effecting contracts of insurance against loss of, or damage to or arising out of or in connection with the use of, motor vehicles including third party risks ; (g) aircraft insurance business; that is to say, the business of effecting contracts of insurance for the purpose of insuring owners or hirers of any aircraft against loss of, or damage to or arising out of or in connection with the use of, the aircraft, including third party risks; subject as respects any class of assurance business to the special provisions of this Ordinance relating to business of that class. (2) For the purposes of paragraph (g) of subsection (1), a person shall be deemed to be a hirer of an aircraft if, but only if, the aircraft has been demised, Iet or hired out to him for a period exceeding fourteen days by the owner of the aircraft, and no pilot, commander, navigator or opera- tive member of the crew of the aircraft is in the employment of the owner. (3) A company registered under the Companies Ordinance which transacts assurance business of any such class as aforesaid in any part of the world shall for the purposes of this provision be deemed to be a company transacting such business in the Colony. (+) Save as otherwise expressly provided by this Ordinance nothing in this Ordinance shall apply to assurance business of any class other than one of the classes specified in this section, and a policy shall not be deemed to be a policy of fire insurance by reason only that loss by fire is one of the various risks covered by the policy. Deposits and funds. 4. (1) Every assurance company shall deposit and keep deposited with the Accountant General a deposit of the value of forty-eight thousand dollars: Provided that, in the case of assurance companies carrying on assurance business at the commencement of this Ordinance, the deposit aforesaid may be made within one month after such commencement. Ord. 10- 1944, s. 2. Deposit. 970 Ch. 31. Assurance Companies. (2) The deposit may be made by the subscribers of the memorandum of association of the company, or any of them, in the name of the proposed company, and, upon Incorporation of the company, shall be deemed to have been made by and to be part of the assets of, the company, and the Registrar General shall not issue a certificate of Incorporation of the company until the deposit has been made (3) The deposit may be of cash, or of securities approy ed by the Accountant General (hereinafter referred to as “approved securitie. “), or partly of cash and partly of approved securitic. (4) When approved securitie. are so deposited (@) the depositor shall, if, so required by the Accountant General, take, at or before the time they are deposited, such steps the Accountant General Mav require to vest the came in’ the Accountant General; (>) the value of the securities for the purposes. of this section shall be their market value from time to time, (5) Se long as the total value of the deposit is at all ime. not de. than forty-eight thousand dollars, the Accountant General may permit) the substitution of other approved securitic. for those previously deposited, ov the substitution of cash for approved securities or versa. (6) Whenever the value of the deposit of an assurance company falls below forty-cight thousand dollars, the Accountant) General) may, by notice under his hand require the assurance company to make a further deposit of a value equal to the amount of the deficit and the assurance company shall comply with such notice within twenty-one day. from the date of receipt thereof, (7) very deposit with the Accountant General under this section shall be deemed to form part of the assets of the assurance company in respect of which it is made and the interest or dividends accruing due on any approved securities (if any) forming part of the deposit shall be pavable to the assurance company. Assurance Companies. [Ch. 31. No. 19. (8) Where an assurance company carries on, or intends to carry on, assurance business of more than one class, a separate deposit shall be made and kept deposited under this section as respects each class of business, and the deposit made in respect of any class of business in respect of which a separate assurance fund is required to be kept shall be deemed to form part of that fund, and all interest or dividends accruing due on any approved — curitie. forming part of the deposit shall be carried by the assurance company to that fund. 5. (1) In the case of an assurance company transacting other business besides that of assurance or transacting more than one class of assurance business, a separate account shall be kept of all receipts in respect of the assurance business or of cach class of assurance business, and the receipts in respect of the assurance busine. — or, in the case of a company carrying on more than one class of assurance business, of each class of business, shall be carried to and form = separate assurance fund with an appropriate name: Provided that nothing in this section shall require the investments of any such fund to be kept separate from the investments of any other fund. (2) A fund of any particular class shall be as absolutely the security of the policy holders of that class as though it belonged to a company carrying on no other business than assurance business of that class, and shall not be liable for anv contracts of the company for which it would not have been liable had the business of the company been only that of assurance of that class, and shall not be applied, directly or indirectly, for any purposes other than those of the class of business to which the fund is applicable. Accounts and documents. 6. Every assurance company shall, at the expiration of each financial year of the company, prepare— (a) a revenue account for the year in the form or forms prescribed and applicable to the class or classes of assurance business carried on by the company; (b) a profit and loss account in the prescribed form, 971 Separation of funds. Accounts and balance sheets. Actuarial report and abstract. Statement of assurance business, Deposit of accounts, etc., with Registrar General. Ord. 19 1947, s. Ch. 31. No. 19.) 9 Assurance Companies. except where the company carries on assurance business of one class only and no other business; (c) a balance sheet in the prescribed form. 7. (1) Every assurance company shall, once in every five years, or at such shorter intervals as may be specified in the instrument constituting the company, or in its regulations or byelaws, cause an investigation to be made into its financial condition, including a valuation of its liabilitie. by an actuary, and shall cause an abstract of the report of such actuary to be made in the form or forms prescribed and applicable to the class or classes of assurance business carried on by the company (2) The foregoing provisions of this section shall also apply whenever at any other time an investigation into the financial condition of an assurance company is made with a view to the distribution of profits, or the results of which are made public. 8. Every assurance company shall prepare a statement of its assurance business at the date to which the accounts of the company are made up for the purposes of any such Investigation as aforesaid in the form or forms prescribed and applicable to the class or classes of assurance business carried on by the company: Provided that, if the investigation is made annually by any company, the company may prepare such a statement at any time, so that it be made at least once in every five years, 9. (1) Every account, balance sheet, abstract, or statement hereinbefore required to be made shall be printed or typewritten, and two copies thereof which shall be signed by the chairman and two directors of the company and by the principal officer of the company and, if the company has a managing director, by the managing director, shall be deposited at the office of the Registrar General within six months after the close of the period to which the account, balance sheet, abstract, or statement relate, Provided that, if in any case it is made to appear to the Assurance Companies. [Ch. 31. No. 19. Registrar General that the circumstances are such that a longer period than six months should be allowed, the Regis- trar General may extend that period by such period not exceeding three months as he thinks fit. (2) The Registrar General shall consider the accounts, balance sheets, abstracts, and statements so deposited, and, if any such account, balance sheet, abstract, or statement appears to the Registrar General to be inaccurate or incomplete in any respect, the Registrar General shall communicate with the company with a view to the correction of any such inaccuracies and the supply of deficiencies. (3) There shall be deposited with every revenue account and balance sheet of a company any report on the affairs of the company submitted to the shareholders or policy holders of the company in respect of the financial year to which the account and balance sheet relate. (4) Where an assurance company registered under the Companies Ordinance in any year deposits its accounts and balance sheet in accordance with the provisions of this section, it shall not be necessary for the company to send to the Registrar General the documents contemplated by subsection (3) of section 108 of the said Ordinance. (5) Section 129 of the Companies Ordinance shall not apply to an assurance company to which the provisions of this Ordinance as to the accounts and balance sheet to be prepared annually and deposited by such a company apply, if the company complies with those provisions. 10. A printed or typewritten copy of the last deposited accounts, balance sheet, abstract, or statement, shall on the application of any shareholder or policy holder of the company be forwarded to him by the company by post or otherwise. 11. Where the accounts of an assurance company are not subject to audit in accordance with the provisions of the Companies Ordinance, relating to audit, the accounts of the company shall be audited annually in such manner as the Registrar General may direct, and the directions given for the purpose may apply to any such company the 973 Right of share- holders, etc., to copies of accounts, etc. Audit of accounts. O74 Amalgama- tion and transfer. Ch. 31. No. 19.] — -[ssurance Companies. provisions of the Companies Ordinance, relating to audit, subject to such adaptations and modifications as may appear necessary or expedient. 12. Every assurance company shall keep a “ Share- holders Address Book "”’ in which the secretary shall from time to time enter in alphabetical order the corporate name. and places of business of the several shareholders of the company, being corporations, and the surnames of the several other shareholders with their respective christian names, places of abode and descriptions, so far as the same shall be known to the company. On the application of any shareholder or policy holder of the company, the company shall furnish to him a copy of such book, on pavinent of a sum of twelve cents for every hundred words required to be copied. 13. very assurance company which is not registered under the Companies Ordinance shall cause a_ sufficient number of copies of its deed of settlement or other instru- ment constituting the company to be printed, and shall, on the application of any shareholder or policy holder of the company, furnish to him a copy of such deed of settlement or other instrument on payment of a sum of twenty-four cents. 14. Where any notice, advertisement, or other official publication of an assurance company contains a statement of the amount of the authorised capital of the company, the publication shall also contain a statement of the amount of the capital which has been subscribed and the amount paid up. -Lmalgamation and transfer 15. (1) Where it is intended to amalgamate two or more assurance companie., or to transfer the assurance business of any class trom one assurance company to another company, the directors of any one or more of such companies may apply to the Court, by petition, to sanction the proposed arrangement. Assurance Companies. [Ch. 31. No. 19. (2) The Court, after hearing the directors and other persons whom it considers entitled to be heard upon the petition, may sanction the arrangement if it is satisfied that no sufficient objection to the arrangement has been established. (3) Before any such application is made to the Court— (2) notice of the intention to make the application shall be published in the Royal Gazette; and (6) a statement of the nature of the amalgamation or transfer, as the case may be, together with an abstract containing the material facts embodied in the agreement or deed under which the amalgamation or transfer is proposed to be effected, and copies of the actuarial or other reports upon which the agreement or deed is founded, including a report by an independent actuary, shall, unless the Court otherwise directs, be transmitted to each policy holder of each company through the post directed according to the registered address or other known address of the policy holder: Provided that it shall not be necessary to transmit such statement and other documents to policy holders other than life, endowment, sinking fund, or bond investment policy holders, nor in the case of a transfer to such policy holders if the business transferred is not life assurance or bond investment business; and (c) the agreement or deed under which the amalgama- tion or transfer is effected shall be open for the inspection of the policy holders and shareholders at the offices of the companies for a period of fifteen days after the publication of the notice in the Royal Gazette. (4) No assurance company shall amalgamate with another, or transfer its business to another, unless the amalgamation or transfer is sanctioned by the Court in accordance with this section. 16. Where an amalgamation takes place between any assurance companies, or where any assurance business of one such company is transferred to another company, the combined company or the purchasing company, as the case may be, shall, within ten days from the date of the 975 Statements in case of amalgama- tion or transfer. 976 Ch. 31. No. 19.] Assurance Companies. completion of the amalgamation or transfer, deposit with the Registrar General— (a) certified copies of statements of the assets and liabilities of the companies concerned in such amalga- mation or transfer, together with a statement of the nature and terms of the amalgamation or transfer; and (6) a certified copy of the agreement or deed under which the amalgamation or transfer is effected; and (c) certified copies of the actuarial or other reports upon which that agreement or deed is founded; and (d) a declaration under the hand of the chairman of each company, and the principal officer of each company, that to the best of their belief every payment made or to be made to any person whatsoever on account of the amalgamation or transfer is therein fully set forth, and that no other payments beyond those set forth have been made or are to be made either in money, policies, bonds, valuable securities, o1 other property by or with the knowledge of any parties to the amalgamation or transfer. Winding up. Special 17. The Court may order the winding up of an assuranc: to =» COMpany in accordance with the Companies Ordinance winding up and the provisions of that Ordinance shall apply accord companes, ingly, subject, however, to the following modification :— companies. The company may be ordered to be wound up on th petition of ten or more policy holders: Provided the such a petition shall not be presented except by th leave of the Court, and leave shall not be granted unt a prima facie case has been established to the sati faction of the Court and until security for costs fe such amount as the Court may think reasonable hi been given. Powers and 18. (1) A petition for the winding up of an assuran Registrar. | COMpany on the ground that it is unable to pay its dek General. within the meaning of sections 161 and 162 of the Cor panies Ordinance, may, with the leave of the Court, presented by the Registrar General. Assurance Companies. [Ch. 31. No. 19. (2) The Registrar General may, by notice in writing served upon an assurance company, require it to furnish to the Registrar General within such time as may be specified in the notice such explanations, information, accounts, balance sheets, abstracts, and statements, as he considers to be necessary for the purpose of determining whether the company is insolvent, or was insolvent at any date (not earlier than the close of the period to which the last deposited accounts and balance sheet of the company relate) specified in the notice, and may, by the notice, require any such explanations, information, accounts, balance sheets, abstracts, or statements to be signed by such number of the directors and by such officers of the company, and to be accompanied by such copies of docu- ments, as may be specified in the notice, and to be certified as correct by an auditor approved by the Registrar General, or by an actuary so approved, or by both such an auditor and such an actuary. (3) If after such a notice as aforesaid has been served upon an assurance company, either-—— (a) the company does not, before the expiration of the time limited by the notice, comply with all the requirements of the notice, other than such require- ments, if any, as may have been withdrawn by the Registrar General; or (6) the Registrar General, after considering the material, furnished pursuant to the said requirements, considers it to be expedient for the purpose aforesaid so to do; the Registrar General may serve upon the company a notice in writing stating that he proposes to appoint one or more inspectors to investigate the affairs of the company and to report thereon in such manner as the Registrar General may require, and unless the company within a period of seven days from the date of the service of the notice upon it gives notice in writing to the Registrar General that it objects to such an appointment being made, the Registrar General may, after the expiration of that period, make such an appointment. (4) If the company within the said period gives notice in writing to the Registrar General that it objects T.—IV. 62 977 Ch. 31. No. 19.] Assurance Companies. to such an appointment being made, the Registrar General may apply to the Court for leav ¢ to make such an appoint- ment, and the Court shall grant leave unless it is satistied by the company that such an appointment cannot reasonably be required for the purpose aforesaid, and on leave being granted the Registrar General may make such an appoint- ment. (5) Where an appointment is made under this section, the provisions of subsections (3), (4) and (5) of section 133 of the Companies Ordinance shall apply with respeet to an Inspector appointed under this section in ke manner as they apply to an inspector appointed under that section, and anv such refusal as is, or might be, made the ground of the punishment of an officer or agel nt of the ¢ company under the caid subsection (5) shall also be a ground upon which the company may, on the petition of the Registrar General presented by leave of the Court, be wound up by the Court in accordance with the provisions of the Com- panies Ordinance. (6) The expenses of and incidental to an investigation carried out by an inspector appointed under this section shall be defrayed by the Registrar General: Provided that (a) where the Court) grants leave to make an appointment, the Court may, if it thinks fit, direct the company to repay to the Registrar General the whole or anv part of the ‘aid expenses; and (6) if an order for the winding up of the company by the Court is made at any time within twelve months from the date on which the report of the inspector is made to the Registrar General, or, if more than one report is so made, from the date when the first report is so made, the said expenses shall be deemed, for the purposes of the Companies Ordinance, to be expenses properly incurred in the winding up and the amount thereof, after deducting any sum repaid to the Registrar General pursuant to a direction given by the Court under the foregoing paragraph, shall be paid out of the assets of the company part passu with the taxed costs of the petition. (7) All sums received by the Registrar General under ‘[ssurance Companies. [Ch. 31. No. 19. this section shall be paid by him to the Accountant General and shall form part of the general revenues of the Colony. All expenses incurred by the Registrar Gencral under this section shall be defrayed out of the public funds of the Colony. (8) Rules made under section 277 of the Companies Ordinance may regulate the procedure and the practice to be followed in the case of proceedings under this section. (9) In any proceedings upon a petition to wind up an assurance company presented under this section, evidence that the company was insolvent at the close of the period to which the last deposited accounts and balance sheet of the company relate, or at any date specified in a notice served under subsection (2) of this section, shall be evidence that the company continues to be unable to pay its debts, unless the contrary is proved. (10) In this section — “assurance company ”’ means an assurance company which may be wound up by the Court under the pro- visions of the Companies Ordinance ; deposited accounts and balance sheet = means, in relation to any assurance company, the accounts and balance sheet prepared by the company for the purposes of section 6 and deposited with the Registrar General under section 9; insolvent means, in relation to an assurance company at any relevant date, that if proceedings had been taken for the winding up of the company the Court could, in accordance with the provisions of sections 161 and 162 of the Companies Ordinance, hold, or have held, that the company was at that date unable to pay its debts. 19. (1) Where the assurance business or any part of the assurance business of an assurance company has been transferred to another company under an arrangement in pursuance of which the first mentioned company (in this section called the subsidiary company) or the creditors thereof has or have claims against the company to which such transfer was made (in this section called the principal company), then, if the principal company is being wound 62 (2) 979 Winding up of subsidiary companies. 980 Ch. 31. No. 19.) Assurance Companies. up by or under the supervision of the Court, the Court shall (subject: as hereinafter mentioned) order the subsidiary company to be wound up in conjunction with the principal company, and may by the same or any subsequent: order appoint the same person to be liquidator for the two companic, and make provision for such other matters as may seem to the Court: necessary, with a view to the companic. being wound up as if they were one company. (2) The commencement. of the winding up of the principal company shall, cave as otherwise ordered by the Court, be the commencement of the winding up of the subsidiary company (3) In adjusting the rights and liabilitie, of the members of the several companies between themselve. the Court shall have regard to the constitution of the companie, and to the arrangements entered into between the companie. in the same manner as the Court has regard to the rights and labilities of different classes of contri- butories in the case of the winding up of a single company, or as near thereto as circumstances admit. (4) Where any company alleged to be subsidiary: ts not in process of being wound up at the same time as the principal company te which it is subsidiary, the Court shall not direct: the subsidiary company to be wound up unless, alter hearing all objections (if any) that) may be urged by or on behalf of the company against its being wound up, “the Court is of opinion that) the company is subsidiary to the principal company, and that the winding up of the company in conjunction with the principal company is just and equitable. (5) An application may be made in relation to the winding up of any subsidiary company in conjunction with a principal company by any creditor of, or person interested in, the principal or subsidiary company. (6) Where a company stands in the relation of a principal company to one company, and in the relation of a subsidiary company to some other company, or where there are several companies standing in the relation of subsidiary companies to one principal company, the Court may deal with any number of such companies together Assurance Compantes. (Ch. 31. No. 19. or in separate groups, as it thinks expedient, upon the principles laid down in this section. 20. (1) Where an assurance company is being wound up by the Court, or subject to the supervision of the Court, or voluntarily, the value of a policy of any class or of a habilitv under such a policy requiring to be valued in such winding up shall be estimated in the prescribed) manner applicable to policies and liabilities of that class. (2) The rules in the Schedule hereto shall be of the same force, and may be repealed, altered, or amended, as if they were rules made under and for the purposes of the Judicature Ordinanee, and rules may be made under that Ordinance for the purpose of carrying into effect the provisions of this Ordinance with respect to the winding up of assurance companies. 21. The Court, in the case of an assurance company which has been proved to be unable to pay its debts, may, if it thinks fit, reduce the amount of the contracts of the company upon such terms and subject to such conditions as the Court thinks just, in plac of making a winding up order, 22. Subject to the provisions of sections 37 and 38 of this Ordinance, Part X of the Companies Ordinance shall apply to every assurance company constituted outside the Colony which carries on assurance business within the Colony whether incorporated or not. lurther provisions as to accounts and documents. 23. Documents deposited with the Registrar General, or certified copies thereof in his custody, shall be open to inspection, and copies of such documents may be procured by any person on payment of a fee of twelve cents for every hundred words copied. 24. (1) every document deposited under this Ordinance with the Registrar General, and certified by or on behalf of Valuation of annuities and policies. Power to Court to reduce contracts. Extension of Part X of Ch. 31. No. 1. to all as- surance companies established outside the Colony. Ord, 31- 1944, s. 2. Inspection of documents, Evidence of documents. Ch. 31. No. 19.] Assurance Companies. Alteration of forms. Penalty for non-com- plance witb Ordinance, Penalty for falsifving statements, etc. Prosecution of offences punishable by fine. the Registrar General to be a document so deposited, shall be deemed to be a document so deposited. (2) Every document purporting to be certified by or on behalf of the Registrar General to be a copy of a document so deposited shall be deemed to be a copy of that document, and shall be received in evidence as if it were the original document unless some variation between it and the original document is proved. 25. The Registrar General may, on the application or with the consent of an assurance company, alter the prescribed forms, as respects that company, for the purpose of adapting them to the circumstances of that company. Provisions as to offences and service of notices. 26. Any assurance company which makes default in complying with any of the requirements of this Ordinance shall be liable to a fine of four hundred and eighty dollars, or, in the case of a continuing default, to a fine of two hundred and forty dollars for every day during which the default continues, and every director, manager or secretary, or other officer or agent of the company who is knowingly a party to the default shall be liable to like fines; and, if default continues for a period of three months after notice of default by the Registrar General, the default shall be a ground on which the Court may order the winding up of the company, in accordance with the Companies Ordinance. 27. If anv account, balance shect, abstract, statement, or other document required by this Ordinance is false in any particular to the knowledge of any person who signs it, that person shall be liable on conviction on indictment to imprisonment for two years, or on summary conviction to a fine of two hundred and forty dollars. 28. All offences under this Ordinance made punishable by fine may be prosecuted, and such fine may be recovered, in the manner provided by the Summary Courts Ordinance. Assurance Companies. [Ch. 31. No. 19. 983 29. Any notice which is by this Ordinance required to Service of be sent to any policy holder may be addressed and sent to ” the person to whom notices respecting such policy are usually sent, and any notice so addressed and sent shall be deemed and taken to be notice to the holder of such policy: Provided that where any person claiming to be interested in a policy has given to the company notice in writing of his interest, any notice which is by this Ordinance required to be sent to policy holders shall also be sent to such person at the address specified by him in his notice. Application to special classes of business. 30. Where a company carries on life assurance business, this Ordinance shall apply with respect to that business, subject to the following modifications— (a) ‘‘ policy on human life — shall mean any instru- ment by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life; (b) where the company grants annuities upon human life, “‘ policy ’’ shall include the instrument evidencing the contract to pay such an annuity, and “ policy holder ’’ includes annuitant ; (c) where the company intends to amalgamate with or to transfer its life assurance business to another assurance company, the Court shall not sanction the amalgamation or transfer in any case in which it appears to the Court that the life policy holders representing one-tenth or more of the total amount assured in the company dissent from the amalgamation or transfer; (d) nothing in this Ordinance providing that the life assurance fund shall not be liable for any contracts for which it would not have been liable had the business of the company been only that of life assurance shall affect the liability of that fund, in the case of a company established before the commencement of this Ordinance, for contracts entered into by the company before that commencement ; ces. Appiication to life assurance companies. 98+ Appheation to fire Msuranee COonypane Ch. 31. No. 19.) Assurance Companies. (c) in the case of a mutual company whose profits are allocated to members wholly or mainly by annual abatements of premium, the abstract of the report of the actuary on the financial condition of the com- pany, prepared in accordance with section 7, may, notwithstanding anything in section 7, be made and returned at intervals not exe ceeding five years: Pro- vided that, where such return is not made annually, it shall include particulars as to the rate of abatement of premiums applicable to different classes or series of assurances allowed in each year during the period which has ckipsed since the previous return under section 7 31. Where a company carries on fire insurance business, this Ordinance shall apply with respect to that business, subject to the following modifications (a) it shall not be necessary for the company to prepare any statement: of its fire insurance business in accordance with sections 7 and 8; (6) such of the previsions of this Ordinance as relate to deposits to be made under this Ordinance shall not apply where the company is an association of owners or eceupters of buildings or other property which satisfies the Registrar General that it is carrying on, oris about te carry on, business wholly or mainly for the purpose of the mutual insurance of its members against damage by or incidental to fire caused to the houses or other property owned or occupied by them; (c) it shall not be necessary to make a deposit in respect of fire insurance business where the company has made a deposit in respect of any other class of assurance busine. and, where a company, having made a deposit in respect of fire insurance business, commence. to carry on life assurance business or employers’ liability insurance busine. , the company may transfer the deposit so made to the account of that other business, and after such transfer the deposit shall be treated as if it had been made in respect of such other business ; (27) so much of this Ordinance as requires an assuranee company transacting other business besides Assurance Companies. [Ch. 31. No. 19. 985 assurance business, or more than one class of assurance business, to keep separate funds into which all receipts in respect of the assurance business or of each class of assurance business are to be paid shall not apply as respects fire insurance business ; (ec) the provisions of this Ordinance with respect to the amalgamation of companies shall not apply where the only classes of assurance business carried on by both of the companies are fire insurance business, or fire insurance business and accident insurance business, and the provisions of this Ordinance with respect to the transfer of assurance business from one company to another shall not apply to fire insurance business. 32. Where a company carries on accident insurance Application busine, — this Ordinance shall apply with respect to that to accident . . . . . insurance business, subject to the following modifications :— companies. (a) in leu of the provisions of sections 7 and 8, the following provisions shall be substituted— The company shall annually prepare a state- ment of its accident insurance business in the form) prescribed for use under section 7 and applicable to accident insurance business, and the statement shall be printed or typewritten, signed, and deposited at the Registrar General’s office in accordance with section 9.” (6) it shall not be necessary to make or keep a deposit in respect of accident insurance business where the company has made a deposit in respect of any other class of assurance business, and, where a com- pany, having made a deposit in respect of accident insurance business, commences to carry on life assurance business or employers’ liability insurance business, the company may transfer the deposit so made to the account of that other business, and after such transfer the deposit shall be treated as if it had been made in respect of such other business; (c) so much of this Ordinance as requires an assurance company transacting other business besides assurance business, or more than one class of assurance business, 986 Application to em- plovers’ hability insurance companies. Ch. 31. No. 19.) Assurance Companies. to keep separate funds into which all receipts in respect of the assurance business or of each class of assurance business are to be paid shall not apply as respects accident insurance business; (d) the provisions of this Ordinance with respect to the amalgamation of companies shall not apply where the only classes of assurance business carried on by both of the companies are accident insurance business, or accident insurance business and _ fire insurance business, and the provisions of this Ordinance with respect to the transfer of assurance business from one company to another shall not apply to accident insurance business; (ce) the expression policy — includes’ any policy under which there is for the time being an existing liability already accrued, or under which a liability may accrue; (f) where a sum is due, or a weekly or other periodical payment is payable, under any policy, the expression ‘policy holder " include. the person to whom the sum is due or the weekly or other periodical payment is payable. 33. Where a company carric. on employers’ liability insurance busine. this Ordinance shall apply with respect to that business, subject to the following modifications :— (a) this Ordinance shall not apply where the com- pany is an association of employers which satisfies the Registrar General that it is carrying on, or is about to carry on, business wholly or mainly for the purpose of the mutual insurance of 1ts members against liability to pay compensation or damages to workmen employed by them, either alone or in conjunction with insurance against any other risk incident to their trade or industry ; (6) this Ordinance shall not apply where the com- pany carries on the employers’ lability insurance business as incidental only to the business of marine insurance by issuing marine policies, or policies in the form of marine policies, covering liability to pay compensation or damages to workmen as well as losses Assurance Companies. [Ch. 31. No. 19. 987 incident to marine adventure or adventure analogous thereto; (c) in lieu of the provisions of sections 7 and 8 of this Ordinance, the following provisions shall be substituted- “The company shall annually prepare a statement of its employers’ liability insurance business in the form prescribed for use under section 7 and applicable to employers’ liability insurance business, and shall cause an investigation of its estimated liabilities to be made by an actuary so far as may be necessary to enable the provisions of that form to be complied with, and the statement shall be printed or typewritten, signed, and deposited at the Registrar General's office in accordance with section 9.”; (d) the expression “ policy ’’ includes any _ policy under which there is for the time being an existing liability already accrued, or under which any liability may accrue; (e) where any sum is due, or a weekly payment is payable, under any policy, the expression “ policy holder ”’ includes the person to whom the sum ts due or the weekly payment payable ; (f) if a company carries on employers’ liability insurance business outside the Colony, that business shall not, save as otherwise directed by the Governor in Council, be treated as part of the employers’ liability insurance business carried on by the company for the purposes of this Ordinance. 34. Where a company carries on bond investment Application busine. this Ordinance shall apply with respect to that fobord business, subject to the following modifications: companies. (a) the expression ‘policy ’’ includes any bond, certificate, receipt, or other instrument evidencing the contract with the company, and the expression “policy holder ’’ means the person who for the time being is the legal holder of such instrument ; (b) the company shall not give the holder of any policy issued after the passing of this Ordinance any Application to motor vehicle insurance compantee. Application to aircraft insurance business. Companies carrying on business in the United Kingdom. Ch. 31. No. 19.] Assurance Companies. advantage dependent on lot or chance, but this pro- vision shall not be construed as in anywise prejudicing any question as to the application to any such trans- action, whether in respect of a policy issued before or after the commencement of this Ordinance, of the law relating to lotteries. 35. Where a company carries on motor vehicle insurance busine. this Ordinance shall apply with respect to that business in the same way as it applies to accident insurance busine. Provided that — (a) sections 7 and 8 and paragraphs (a) and (8) of section 32 shall not apply; and (0) notwithstanding anything in’ this Ordinance relieving a company from making a deposit in respect of any class of insurance business where it has made a deposit in respect of any other class of assurance busine. , the total sum to be deposited under sub- section (8) of section 4 shall in no case be less than ninety-six thousand dollars. 36. Where a company carries on aircraft insurance busine. this Ordinance shall apply with respect to that busine. in the same way as it applies to motor vehicle insurance business: Provided that if a company carries on both aircraft insurance business and motor vehicle insurance business, subsection (8) of section 4 and paragraph (6) of the proviso to section 35 shall have effect in relation to the company as if its aircraft insurance business was part of its motor vehicle insurance business. Companies carrying on business outside the Colony. 37. (1) Where an assurance company is carrying on any class or classes of assurance business in the Colony at the commencement of this Ordinance, or thereafter seeks to carry on any class or classes of assurance business in the Colony, and the Governor in Council is satisfied as regards that company— (a) that the company carries on the same class or Assurance Companies. (Ch. 31. No. 19. classes of assurance business in the United Kingdom, and (0) that the company has complied in relation thereto with the provisions of the law of the United Kingdom with respect to deposits and guarantees by, and minimum paid up share capital and margin of solvency of, assurance companies from time to time in force and applicable to such company, the Governor in Council may, by order published in the Royal Gazette, declare that the provisions of this section shall apply in relation to that company. (2) An order made under this section shall remain in force so long only as all the circumstances mentioned in paragraphs (a) and (6) of subsection (1) continue to apply to the company. (3) So long as an order under this section is in force in respect of any company— (a) nothing in sections 4, 5, 6, 7, 8, 9, 11, 15 and 16 of this Ordinance shall apply to the company; (6) the company shall deposit annually with the Colonial Secretary on or before the date generally prescribed, or in the case of a company in respect of which a date has been specially prescribed, on or before that date, a copy of every account, balance sheet, abstract, statement or other document which the company is required by the law of the United Kingdom from time to time in force to deposit with the Board of Trade, and shall furnish annually to the Colonial Secretary, on or before the date generally prescribed, or in the case of a company in respect of which a date has been specially prescribed, on or before that date such proof as the Governor in Council may require, cither generally, or specially in the case of any individual company, that the circumstances mentioned in paragraphs (a) and (b) of subsection (1) of this section continue to apply to the company. (4) If any assurance company in respect of which an order under this section is in force fails to comply with any requirement under this section, the circumstances mentioned in paragraphs (a) and (0) of subsection (1) 989 Ord. 19- 1947, s. 3. Ord. 31- 1944, s. 4. Ord. 19- 1947, s. 3. Ord. 31- 1944, s. 5. 990 “es. Provisions as ta applications under see- tions 37 or 3s. Ord. 10. 144, 4. Applic of this Ordinance to assurance companies referred to in ss. 37 or 38. Ch. 31. No. 19.] Assurance Companies. of this section shall be deemed to have ceased to apply to the company 38. (1) Where an assurance company is carrying on any class or classes of assurance business in the Colony at the commencement of this Ordinance, or thereafter secks to carry on any class or classes of assurance business in the Colony, and the Governor in Council is satisfied as regards that company— (a) that the company does not carry on assurance business of that class or classes in the United Kingdom but carries on assurance business 1n a Commonwealth country outside the United Kingdom = and_ the Colony, and (0) that law of the territory in which the company ‘“UITies On assurance business controls such business, the Governor in Council may, by order published in the Royal Gazette, declare that the provisions of this Ordinance shall apply to that company with such modifications, and subject to such oxemptions, as may be specified in the order (2) An order under this section may be cancelled or varied by a subsequent order, which shall be published in the Roval Gazette. 39. A company applying for an order under sections 37 or 38 shall furnish at the time of its application, or within such further period as the Governor in Council may prescribe or as may be allowed by the Governor in Council In any special such evidence as the Governor in Council may require of the facts alleged in the application or of any other facts which the Governor in Council may consider to be relevant to the application. 40. This Ordinance shall not apply to any assurance company to which sections 37 or 38 refer until the expiration of one month from the commencement of this Ordinance, or, if application has meanwhile been made under sections 37 or 328, until the determination of such application. Assurance Companies. (Ch. 31. No. 19. 991 Rules. 41. (1) The Governor in Council may make rules to carry this Ordinance into effect and, in particular and without prejudice to the generality of this power, rules under this section may be made— (a) to prescribe all such things as are authorised to be prescribed by this Ordinance; and (6) to prescribe the circumstances in which deposits made under section + may be transferred or withdrawn and to regulate the making and management of deposits under that section; and (c) subject to this Ordinance, to prescribe fees to be taken for things done under this Ordinance. (2) This section shall not operate to prevent the taking of any fees provided for by the Registrar General Ordinance: Provided that rules made under this section and expressly providing for any fees to be taken shall prevail over the provisions of the Registrar General Ordinance. (3) For the avoidance of doubt it is hereby declared that rules under this section may, as regards any matter in respect of which such rules may be made, provide for the application in this Colony, with or without modification and otherwise mutatis mutandis, of any law from time to time in force in the United Kingdom relating to that matter. (+) Any rules prescribing the dates on or before which documents required to be deposited shall be deposited, or proof of the continuance of the circumstances mentioned in paragraphs (a) and (8) of subsection (1) of section 37 of this Ordinance shall be furnished, or prescribing the nature of such proof, may prescribe different dates for different companies and different proof for different companies. (SCHEDULE. Rules. Ord. 31- 1944, s. 6. 992 Ch. 31. No. 19.] Assurance Companies. THE SCHEDULE. Where an assurance company is being wound up by the court or subject to the supervision of the court, the liquidator, in the case of all persons appearing by the books of the company to be entitled to or interested in policies granted by such company, is to ascertain the value of the liability of the company to each such person, and give notice of such value to such persons in such manner as the court may direct, and any person to whom notice is so given shall be bound by the value so ascertained unless he gives notice of his intention to dispute such value in manner and within a time to be prescribed by a rule or order of the court. ( 993 ) ALPHABETICAL INDEX OF THE ORDINANCES. SHORT TITLES. Absconding Debtors Accessories and Abettors Administration of Estates Adoption of Children Advertisements Regulation Affiliation Agricultural Contracts Agricultural Co-operative Socicties Agricultural Credit Bank Agricultural Credit Societies Agricultural Fires Agricultural Society... Aid to Pioneer Industries Air Navigation Alien Bankers Alien Criminals Alien Missionarics and Teachers Aliens (Landholding) Antibiotic. Apportionment Arbitration Arima Corporation Asphalt Export Duty Asphalt Industry Regulation Assurance Companies Auctioneers Bahamas and Leeward Islands Light Dues Bankers’ Licences and Bank Notes T.—IyV, CH. - 29 30 23 23 23 23 23 23 33 19 21 21 21 21 12 = 6 39 32 26 31 31 18 35 When & Ow wont & a cov cust RK wD VOL. IV 1V Ill III Ill Ill Ill Ill Ill Il III Ill II VI Ifl IV IV 63 PAGE 755 508 964 88 110 705 321 248 297 272 347 245 377 1158 101 106 104 92 494 760 868 737 98 662 907 837 1139 607 O04 Alphabetical Index of the Ordinances. SHORT TITLES. Cu. No. VoL. PAGE Bankruptcy 6 6 I 763 Beekeeping and Bee Products 25 3 oll 530 Relmont Improvement Rate 39 4 Vi 401 Bills of Exchange 31 5 IV 750 Bills of Lading 31 6 IV 796 Bills of Sale 3l 8 IV 800 Births and Deaths Registration 29 1 IV 2 Botanic Gardens 2+ 2 II 505 Boxing Control 30. 12 IV 270 Boy Scouts Association 41 1 VIO 1024 Brewery 32:10 Vv 190 British Nationality (Offences and Fees) 21 1 4 82 Bruce Stephens Trust 13 3 Il ObL Building Societic. 38 1 Vi 2 Burial Grounds 12 «18 Il 039 Cable and Wireless (West Indies) Limited... 30 3 Vv 097 CG: Pier 41 5 WIL 1037 C Free Library 42 3 VI 1054 Carri oof Goods by Sei 31 7 IV 798 Carts lo 7 II 923 Casual Revenue 33. «12 v 525 Census 29 8 oW 102 Central Library of Trinidad and Tobago 42 +0 VE 1057 Central Water Distribution Authority 37 1 v 752 Children + 2t I 270 Cinematograph 30°10 240 Cinematograph Entertainment Tax 33 «10 Vv S15 Cinematograph Entertainments (Maximum Charges) 30.11 lV 208 Claving of Coca: 23 9 Il 304 Cocoa (Import and Export) 32 4 Vv 96 Cocoa Industry 23. 16~«OoTTT 415 Cocoa Subsidy (Special Taxation)... 33 9 Vv 513 Coins Offence. t 8 ] 407 Colonial Prisoners Removal 11 8 VW 291 Colonial Sceretary Incorporation ... we OO 2 II 3 Alphabetical Index of the Ordinances. SuOkT Titer. Colony Surve Comunissioners of Affidavits Commissions of Enquiry Comp: Compensation for Injuric. Compulsory Education Compulsory Training and Service (lEemer- sency) Control of Importation of Live Fish Conveyancing and Law of Property Copra Products Control Copyright Coroners Corporal Punishment Country Markets County Councils Court Deposits Court Funds Investment Credit Union Socictie. Criminal Appeal Criminal Offence. Criminal Procedure Crown Debts... Crown Grants and Leases (Re-Tssue) Crown Lands... Crown Suits Crown Suits Limitation Currency Customs Customs and Excise Department Dangerous Drugs Debtors Deceased Officers’ Salary Deceased Wife’s Sister’s Marriage... Deeds of Arrangement Department of Agriculture... T.—IV. CI. 27 7 7 3l 3 Lt 10 N a me NN New ~ ~ VoL. [tl I ( IV i Ik iH Vv itl Vv IV I I VI VI I I Vi I [ I I Itl III <