706
ORDINANCE No. 1 OF 1865.
Companies, &c. (Part IV. Winding-up.)
other act that may be necessary, for obtaining payment of any monies due from a contributory or from his estate, and which act cannot be conveniently done in the name of the company; and in all cases where he takes out letters of administration, or otherwise uses his official name for obtaining payment of any monies due from a contributory, such monies shall for the purpose of enabling him to take out such letters or recover such monies, be deemed to be due to the Official Liquidator himself: To do and execute all such other things as may be necessary for winding-up the affairs of the company and distributing its assets.
94. (93.) The Court may provide by any order that the Official Liquidator may exercise any of the above powers without the sanction or intervention of the Court, and where an Official Liquidator is provisionally appointed may limit and restrict his powers by the order appointing him.
95. (94.) The Official Liquidator may, with the sanction of the Court, appoint a solicitor to assist him in the performance of his duties.
Ordinary Powers of Court.
Discretion of Official Liquidator.
Appointment of solicitor to assist Official Liquidator.
Collection and application of assets.
Provision as to representative contributories.
Power of Court to recover property.
96. (95.) As soon as may be after making an order for winding-up the company, the Court shall settle a list of contributories, with power to rectify the register of members in all cases where such rectification is required in pursuance of this Ordinance, and shall cause the assets of the company to be collected, and applied in discharge of its liabilities.
97. (96.) In settling the list of contributories the Court shall distinguish between persons who are contributories in their own right and persons who are contributories as being representatives of or being liable to the debts of others; it shall not be necessary, where the personal representative of any deceased contributory is placed on the list, to add the heirs or devisees of such contributory, nevertheless such heirs or devisees may be added as and when the Court thinks fit.
98. (97.) The Court may, at any time after making an order for winding-up a company, require any contributory for the time being settled on the list of contributories, trustee, receiver, banker, or agent, or officer of the company to pay, deliver, convey, surrender, or transfer forthwith, or within such time as the Court directs, to or into the hands of the Official Liquidator, any sum or balance, books, papers, estate, or effects which happen to be in his hands for the time being, and to which the company is prima facie entitled.