2096
Power of court to make calls, &c. Edw. 7, c. 69, s. 166.
Power to order payment into bank. No. 58 of 1911.
COMPANIES
161.—(1) The court may, at any time after making a winding-up order, and either before or after it has ascertained 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 contributories 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 adjustment of the rights of the contributories among themselves.
(2) In making a call, the court may take into consideration the probability that some of the contributories may partly or wholly fail to pay the call.
162.—(1) The court may order any contributory, purchaser, or other person from whom money is due to the company to pay the same into such bank as the court 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. 8 Edw. 7, c. 69, s. 167.
Order on contributory conclusive evidence.
(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.
163.—(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. 8 Edw. 7, c. 69, s. 168.
Power to exclude creditors.
(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 heirs or devisees were on the list of contributories at the time of the order being made.
164. The court may fix the 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. 8 Edw. 7, c. 69, s. 169.
Proving in time.
165. The court shall adjust the rights of the contributories among themselves, and distribute any surplus among the persons entitled thereto. 8 Edw. 7, c. 69, s. 170.
Adjustment of rights of contributories.
2096
Power of
court to make calls, & Edw. 7,
c. 69, s. 166.
Power to
order pay ment into bank.
No. 58 of 1911.
COMPANIES,
161.-(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 con- tributories 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 liabilities of the company, and the costs, charges, and expenses of winding-up, and for the adjustment of the rights of the contributories among themselves.
(2) In making a call, the court may take into consideration the probability that some of the contributories may partly or wholly fail to pay the call.
162.--(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 court may c. 69, s. 167. 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.
8 Edw. 7,
Order on contributory conclusive evidence.
(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.
163.—(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 c. 69, s. 168. ordered to be paid is due.
8 Edw. 7,
Power to exclude
(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 heirs or devisees were on the list of contributories at the time of the order being made.
164. The court may fix the time or times within which creditors not creditors are to prove their debts or claims, or to be ex- cluded from the benefit of any distribution made before those debts are proved.
proving in time.
8 Edw. 7, c. 69, s. 169.
Adjustment
of rights of contribu- tories. 8 Edw. 7, c. 69, s. 170.
165. The court shall adjust the rights of the contribu- tories among themselves, and distribute any surplus among the persons entitled thereto.
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