COPY-continued. of winding-up order to be forwarded to registrar, 108 of petition, right to, 297 of order to wind-up, with whom to be left, 297 CORPORATION, created by certificate of registration, 24 liability of, 28 act as to fraudulent trade marks extends to, 29 cannot generally bind its property except by deed under seal, 58 exception to that rule introduced in modern times, 58 when bound by verbal order to do work, 59 bound by contract, when it has been acted on, 59 CORRECTION, of register of members, how to be obtained, 39 COSTS, notice of, to be given to the registrar, 45 of application to correct register, 39 of prosecution of delinquent directors, 208 of arbitration to be in discretion of arbitrators, 187, 376 by whom to be paid, 376 of application for inspection of affairs of company, 67, 68 official manager, when not entitled to, 107 call when not directed to be made for payment of, 107 of proving debts to be allowed, 303 recovery of costs of winding-up, 148 of winding-up to have priority, when, 158 jurisdiction as to, 148 of appeal by contributories, 149 petitioner may be liable to, 150 when payable out of the estate, 150 creditors' representative, when entitled to, 150, 151 of voluntary liquidation, 177 of proving documents not admitted, 311, 312 COSTS-continued. of attendance of parties, 313, 314 to be allowed to creditors proving, 303 COUNTY COURTS, judges of may be appointed to receive evidence, 167 COURT OF CHANCERY, may determine legal rights, 44 may direct winding-up proceedings to be had in Court of Bank- any judge of, may do authorized acts in chambers, 105 decrees of, against public officer of, to take effect against bank- will not relieve against forfeiture under bye-law, 422 See INJUNCTION. COURT FOR WINDING-UP, definition of "the court," 102, 103 in stannaries the vice-warden, unless certificate that the case in all other cases, in England and Ireland, the respective Courts in Scotland is the Court of Session, 103 Court of Chancery in England or Ireland may remit case to Court of Chancery may act in chambers, 105 may restrain action before order made for winding-up, 105 may fill up vacancy in office and settle amount of salary of the may authorize official liquidator to act in certain matters with- shall settle list of contributories, 114 may require property of company to be delivered up by any may order payment by contributory of debts due to the company COURT FOR WINDING-UP-continued. may make calls for all the purposes of the winding-up, 153 may limit time for proof by creditors, 156 shall adjust rights of contributories and distribute surplus as- in case of insufficient assets may give priority to costs of winding- shall make an order as to dissolution of company, 159 may summon and examine persons suspected of having in their may arrest contributory about to abscond or remove his pro- may exercise any of its ordinary powers in addition to the powers may enforce its orders as in matters within its ordinary juris- in Scotland may order contributories to pay calls, 163 may order examination of persons in Scotland, 168 in case of voluntary winding-up may determine matters of ap- may adopt proceedings in voluntary winding-up, 177 may order voluntary winding-up to continue subject to super- may consult creditors and contributories as to winding-up subject may appoint additional liquidators in winding-up subject to may continue voluntary liquidators as official liquidators al- may order inspection of books in voluntary winding-up subject may examine conduct of delinquent directors, assess damages may restrain action by existing company against contributory, 229 the like, in case of an unregistered company, 234 may transfer all property of unregistered company having no may exercise all ordinary powers in addition to statutory powers COVENANT, subscriber bound by memorandum of association to the same CREDITORS, wishes of, may be regarded relative to winding-up, 109 CREDITORS-continued. conveyance of company's property for, when invalid, 188 may apply for injunction to stay actions, 105, 106 See PROOF OF DEBTS. fixing time for, 156, 301 in stannary court, 157 actions may be stayed where company is being wound-up, 105, may apply to stay winding-up proceedings, 108 CRIMINAL OFFENCES, directors liable to be punished, 207, 378, 380 CROWN, act for enabling, to form companies by letters patent, 391—411 of existing banking company to have notice of intention to re- DAMAGES, D. may be assessed by court against delinquent directors and claims sounding in, may be proved, 182 measure of, in action for withholding shares, 416 DATE, of registration of existing companies, to what period referred, 212 of dissolution of company, 159, 177, 315, 316 See COMMENCEMENT. DEATH, who contributory in case of, 85 transfer of shares on, 32, 244, pl. 12-16 DEBENTURE, by corporation, when invalid, 63 not authorized by power to borrow money, 65 cannot be enforced when, 65, 66 purchaser of, takes subject to existing equities, 66 DEBTS, of all descriptions to be proved on winding-up, 182 DECEASED CONTRIBUTORY, liability of estate of, 85 administration of estate of, 156 DECLARATION, before whom to be made, 169 to be made by member, as to company limited by guarantee, 18 form of, for proof of debt by agent of incorporated company, 93 allegation in action for calls against members, 74 statement of existing companies to be verified by, 224 DECREES, of courts of equity against public officer, how to operate against DEEDS, execution of deeds abroad by attorney, 57 effect of refusal to sign, by applicants for shares, 127, 128 DEFINITION, of insurance company, 1 of unregistered company, 230 of contributory under Companies Act, 1862..76, 228, pl. 5, 233 under former Winding-up Acts, 81, 83, 119 See CONTRIBUTORIES. of the words "the court," 102 of inability to pay debts, 100, 231 of ordinary and extraordinary meetings, 247, 248 of special resolution, 53 of extraordinary resolution, 170 of the word "property," 378 DELEGATION, of power of company to appoint liquidators, 174 A A |