Power of court to make calls. 8 Edw. 7 c. 69 s. 166.
Power to
order pay ment into bank.
Tb. s. 167.
Order on
506
or contract with the company, but not any money due to him as a member of the company in respect of any dividend or profit ; and may, 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) But 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 company may be allowed to him by way of set-off against any subsequent call,
160-1) The court may, at any time after making a winding-up order, and either before or after it has ascer- tained the sufficiency of the assets of the company, make calls on and order payment thereof by all or any of the contributories for the time being settled on the list of the contributeries to the extent of their liability, for payment of any money which the court considers necessary to satisfy the debts and liabilities of the company, and the costs, charges, and expenses of winding up, and for the adjust- ment of the rights of the contributories among themselves.
(2) In making a call the court may take into considera- tion the probability that some of the contributories may partly or wholly fail to pay the call.
161.-(1) The court may order any contributory, pur- chaser or other person from whom money is due to the company to pay the same into such Bank as the ecurt may direct 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.
162.-(1) An order made by the court on a contributory 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.
conclusive
evidence. 7. s. 168.
Power to exclude
creditors not proving in
time.
Jb. s. 169,
Adjustment of rights of contribu- tories.
Zb. s 170.
Power to order costs. 1b. s. 171.
Dissolution
(2) All other pertinent matters stated in the order shall be taken to be truly stated as against all persons, and in all proc: efings, 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 heirs or devisees were on the list of contributories at the time of the order being made.
163. 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 distribn.ion made before those debts are proved.
104. The court shall adjust the rights of the contri- butories among themselves, and distribute any surplus among the persons entitled thereto.
165. The court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to payment 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.
166(1) When the affairs of a company have been of company. completely 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.
Ib. s. 172.
(2) The order shall be reported by the liquidator to the registrar of companies 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 to a fine not exceeding fifty dollars for every day during which he is in default.