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COMPANIES CLAUSES CONSOLIDATION ACT 1845 - SECT 111

Summary remedy against parties failing to account.

111. If any such officer fail to render such account, or to produce and
deliver up all the vouchers and receipts relating to the same in his
possession or power, or to pay the balance thereof when thereunto required, or
if for three days after being thereunto required he fail to deliver up to
the directors, or to any person appointed by them to receive the same, all
papers and writings, property, effects, matters, and things, in his possession
or power, relating to the execution of this or the special Act, or any Act
incorporated therewith, or belonging to the company, then, on complaint
thereof being made to a justice, such justice shall summon such officer to
appear before two or more justices at a time and place to be set forth in such
summons, to answer such charge; and upon the appearance of such officer, or in
his absence, upon proof that such summons was personally served upon him, or
left at his last known place of abode, such justices may hear and determine
the matter in a summary way, and may adjust and declare the balance owing by
such officer; and if it appear, either upon confession of such officer, or
upon evidence, or upon inspection of the account, that any monies of
the company are in the hands of such officer, or owing by him to the company,
such justices may order such officer to pay the same; and if he fail to pay
the amount it shall be lawful for such justices to grant a warrant to levy the
same by distress, or, in default thereof, to commit the offender to [prison],
there to remain without bail for a period not exceeding three months, unless
the same be sooner paid.


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© 1845 Crown Copyright

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