A.D. 1865.]
COMPANIES.
Ordinary Powers of the Court.
[No. 1.
89
list of contributories and rectification of register and application of assets.
146. As soon as may be after making an order for winding up a 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.
147.-(1.) 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.
(2.) 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, but nevertheless such heirs or devisees may be added as and when the Court thinks fit.
148. 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 happens or happen to be in his hands for the time being and to which the company is prima facie entitled.
c. 89 s. 98.
Provision as to representative contributories.
Ib. s. 99.
Power to require delivery of property.
Ib. s. 100.
Payment of debts by contributory.
Ib. s. 101.
149.-(1.) The Court may, at any time after making an order for winding up a company, make an order on any contributory for the time being settled on the list of contributories directing payment to be made, in manner in the said order mentioned, of any moneys due from him or from the estate of the person whom he represents to the company, exclusive of any moneys which he or the estate of the person whom he represents may be liable to contribute by virtue of any call made or to be made by the Court in pursuance of this Part.
(2.) The Court may, in making such order, when the company is not limited, allow to such contributory by way of set-off any moneys due to him or the estate which he represents from the company on any independent dealing or contract with the company, but not any moneys due to him as a member of the company in respect of any dividend or profit: Provided that when all the creditors of any company, whether limited or unlimited, are paid in full, any moneys due on any account whatever to any contributory from the company may be allowed to him by way of set-off against any subsequent call or calls.
150.-(1.) The Court may, at any time after making an order for winding up a company and either before or after it has ascertained the
Power to make calls on contributories.
A.D. 1865.]
COMPANIES.
Ordinary Powers of the Court.
[No. 1.
89
list of contri-
assets.
146. As soon as may be after making an order for winding up a Settlement of company, the Court shall settle a list of contributories, with
power to butories and rectify the register of members in all cases where such rectification is application of required in pursuance of this Ordinance, and shall cause the assets of the 25 & 26 Tiet. company to be collected and applied in discharge of its liabilities.
147.-(1.) In settling the list of contributories, the Court shall dis- tinguish 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.
any
(2.) It shall not be necessary, where the personal representative of deceased contributory is placed on the list, to add the heirs or devisees of such contributory, but nevertheless such heirs or devisees may be added as and when the Court thinks fit.
148. 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 happens or happen to be in his hands for the time being and to which the company is prima facie entitled.
c. 89 s. 98.
Provision as tive contri- bntories.
to representa-
Zb. s. 99.
Power to require deliv- ery of pro- perty.
Ib. s. 100.
ment of debts
by contribu
tory.
s. 101.
149.-(1.) The Court may, at any time after making an order for Power to winding up a company, make an order on any contributory for the time order pay- being settled on the list of contributories directing payment to be made, in manner in the said order mentioned, of any moneys due from him or from the estate of the person whom he represents to the company, ex- clusive of any moneys which he or the estate of the person whom he represents may be liable to contribute by virtue of any call made or to be made by the Court in pursuance of this Part.
(2.) The Court may, in making such order, when the company is not limited, allow to such contributory by way of set-off any moneys due to him or the estate which he represents from the company on any inde- pendent dealing or contract with the company, but not any money's due to him as a member of the company in respect of any dividend or profit: Provided that when all the creditors of any company, whether limited or unlimited, are paid in full, any moneys due on any account whatever to any contributory from the company may be allowed to him by way set-off against any subsequent call or calls.
of
150.-(1.) The Court may, at any time after making an order for winding up a company and either before or after it has ascertained the
Power to
make calls on
contribn-
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