Companies, &c. (Part III., Management and Administration.) thereof, or any officer, agent, director, manager, or servant thereof, may be served in any part of England without any special order of the Vice-Worden* for that purpose, or by such special order may be served in any part of the United Kingdom of Great Britain and Ireland, or in the adjacent islands, parcel of the dominions of the crown, on such terms and conditions as the court shall think fit; and all decrees, orders, and judgments,' of the said court made or pronounced in such causes or matters may be enforced in the same manner in which decrees, orders, and judgments of the court may now by law be enforced, whether within or beyond the local limits of the Stannaries; and the seal of the said court, and the signature of the Registrar thereof, shall be judicially noticed by all other courts and judges in England, and shall require no other proof than the production thereof. The Registrar of the said court, or the AssistantRegistrar, in making sales under any decree or order of the court shall be entitled to the same privilege of selling by auction or competition without a licence, and without being liable to duty, as a judge of the Court of Chancery is entitled to in pursuance of the Acts in that behalf. • Unregistered companies, sec. 199. a Definition of court in winding up of companies within the Stannaries, sec. 81. b Power to enforce orders of Vice-Warden, sec. 120.* d Definition of member, sec. 23. Meaning of contributory, sec. 74. f Appeal therefrom, sec. 124. * Misprint in Act, Vice-Warden. e Provision as by certain 69. Where a limited company" is plaintiff or pursuer in any action, suit, or other legal proceedto costs in ac ing, any judge having jurisdiction in the tions brought matter may, if it appears by any credible limited com- testimony that there is reason to believe that if the defendant be successful in his defence the assets of the company will be insufficient to pay his costs, require sufficient security to be given for such costs, and may stay all proceedings until such security is given. panies. a Limited company described by sec. 7. Companies, &c. (Part III., Management and Administration.) Declaration in action against members. 70. In any action or suit brought by the company against any member to recover any call or other moneys due from such member in his character of member, it shall not be necessary to set forth the special matter, but it shall be sufficient to allege that the defendant is a member of the company, and is indebted to the company in respect of a call made or other moneys due whereby an action or suit hath accrued to the company. a Definition of member, sec. 23. b Member cannot set off debts due to him in certain cases, part 7, secs. 38 and 101. Board of Trade may alter Forms in Schedule. Alteration of Forms. 71. The Forms set forth in the Second Schedulea hereto, or Forms as near thereto as circumstances admit, shall be used in all matters to which such Forms refer; the Board of Trade may from time to time make such alterations in the Tables and Forms contained in the First Schedule hereto, so that it does not increase the amount of fees payable to the Registrar in the said Schedule mentioned, and in the Forms in the second Schedule, or make such additions to the last-mentioned Forms, as it deems requisite. Any such Table or Form, when altered, shall be published in the London Gazette, and upon such publication being made such Table or Form shall have the same force as if it were included in the Schedule to this Act, but no alteration made by the Board of Trade in the Table marked A contained in the First Schedule shall affect any company registered prior to the date of such alteration, or repeal, as respects such company, any portion of such Table.d a Second Schedule, p. 135. e Registrar defined by sec. 174. b First Schedule, p. 112. d This section has not been acted upon. Power for companies to refer matters to arbitration. Companies, &c. (Part IV., Winding up.) Arbitrations. 72. Any company under this Act may from time to time, by writing under its common seal, agree to refer and may refer to arbitration, in accordance with "The Railway Companies Arbitration Act, 1859,' "b any existing or future difference, question, or other matter whatsoever in dispute between itself and any other company or person, and the companies parties to the arbitration may delegate to the person or persons to whom the reference is made, power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves, or by the directors or other managing body of such companies. a Common seal to have name of company engraved on it, sec. 42. 22 & 23 Vict. 73. All the provisions of "The Railway Companies. Provisions of Arbitration Act, 1859," shall be deemed to apply to arbitrations between companies and persons in pursuance of this Act; and in the construction of such provisions "the companies" shall be deemed to include companies authorized by this Acta to refer disputes to arbitration. a See sec. 72. PART IV. WINDING UP OF COMPANIES AND ASSOCIATIONS UNDER THIS ACT. Meaning of " contributory." Preliminary. 74. The term "contributory" shall mean every person liable to contribute to the assets of a company under this Act," in the event of the same being wound up. It shall also, in all proceedings for determining the persons who are to be deemed contributories, and in all proceedings prior to C Companies, &c. (Part IV., Winding up.) the final determination of such person, person alleged to be a contributory.a include any a Liability of present and past members, sec. 38.-Liability of members of an existing company registered under Act, part 5, sec. 196.-Liability of members of unregistered companies, sec. 200.-Nature of liability of contributory, sec. 75.-Liability of members in companies limited by guarantee, having a capital divided into shares, secs. 90 and 134. b Contributory in case of death, sec. 76. Of bankruptcy, sec. 77.-Of marriage, sec. 78. • Winding up by the court, sec. 79.-Voluntarily, sec. 129. Subject to supervision, sec. 147. d List of contributories winding up by the court, sec. 98; and voluntarily, part 8, sec. 133. Nature of liability of 75. The liability of any person to contribute to the assets of a company under this Act, in the event of the same being wound up, shall be contributory. deemed to create a debt (in England and Ireland of the nature of a specialty) accruing due from such person at the time when his liability commenced, but payable at the time or respective times when calls are made as hereinafter mentioned," for enforcing such liability; and it shall be lawful in the case of the bankruptcy of any contributory to prove against his estate the estimated value of his liability to future calls, as well as calls already made. a Definition of contributory, sec. 74. b Calls on contributories of company winding up by the court, sec. 102; subject to supervision, sec. 151; and voluntarily, part 9, sec. 133. Contributories in cases of bankruptcy, sec. 77. b 76. If any contributory dies either before or after he Contribu- has been placed on the list of contributories tories in case hereinafter mentioned, his personal repreof death. sentatives, heirs, and devisees shall be liable in a due course of administration to contribute to the assets of the company in discharge of the liability of such deceased contributory," and such personal representatives, heirs, and devisees shall be deemed to be contributories accordingly." a Meaning of contributory, sec. 74. b List of contributories of company winding up by the court, sec. 98; voluntarily, part 8, sec. 133.— Representative contributories to be distinguished from contributories in their own right, sec. 99.-Insertion of liens and devisees on list, sec. 99. Contributo Companies, &c. (Part IV., Winding up.) C 77. If any contributory becomes bankrupt, either before or after he has been placed on the list ries in case of of contributories, his assignees shall be bankruptcy. deemed to represent such bankrupt for all the purposes of the winding up, and shall be deemed to be contributories accordingly, and may be called upon to admit to proof against the estate of such bankrupt, or otherwise to allow to be paid out of his assets in due course of law, any money's due from such bankrupt in respect of his liability to contribute to the assets of the company being wound up; and for the purposes of this section any person who may have taken the benefit of any Act for the relief of insolvent debtors before the eleventh day of October one thousand eight hundred and sixty-one shall be deemed to have become bankrupt. & Meaning of contributory, sec. 74. b List of contributories of company winding up by the court, sec. 98; voluntarily, part 8, sec. 133.-Representative contributories to be distinguished from contributories in their own right, sec. 99. Value of liability to future calls may be proved, sec. 75. Contribu b 78. If any female contributorya marries, either before or after she has been placed on the list of contories in case tributories, her husband shall during the of marriage. continuance of the marriage be liable to contribute to the assets of the company the same sum as she would have been liable to contribute if she had not married, and he shall be deemed to be a contributory accordingly. a Meaning of contributory, sec. 74. b List of contributories of company winding up by the court, sec. 98; voluntarily, part 8, sec. 133.-Representative contributories to be distinguished from contributories in their own right, sec. 99. Circum Winding up by Court. 79. A company under this Act may be wound up by the court as hereinafter defined, under the stances under following circumstances (that is to say) :— 1. Whenever the company has passed a special resolution requiring the company to be wound up by the court : which com pany may be wound up by court. |