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of winding-up order to be forwarded to registrar, 108
of documents at registration office to be supplied, 213
of documents when to be admissible in evidence, 216
of returns as to banking companies to be given, 279
of balance sheet to be sent to every member, 256, pl. 82
to be supplied to auditor, 257

of petition, right to, 297

of order to wind-up, with whom to be left, 297


created by certificate of registration, 24
capacity of, to hold lands, 27

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
what actions maintainable by and against, 60
appointment of attorney by, when valid, 60
mode of enforcing writs of injunction against, 106


of register of members, how to be obtained, 39
cases respecting, 40


notice of, to be given to the registrar, 45
after order to wind-up, 114

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
security for, in actions by limited companies, 74
of winding-up may be ordered by court, 158

taxation of, 317

of attendance of parties, 313, 314
of voluntary winding-up, 177

to be allowed to creditors proving, 303


judges of may be appointed to receive evidence, 167
jurisdiction of, to wind-up industrial and provident societies,
233, 387


may determine legal rights, 44

may direct winding-up proceedings to be had in Court of Bank-
ruptcy, 103.

any judge of, may do authorized acts in chambers, 105
may order production of documents by defendant, 215
jurisdiction of, under former winding-up acts, 103, 104
orders of, how to be enforced under new act, 163

decrees of, against public officer of, to take effect against bank-
ing copartnership, 284

will not relieve against forfeiture under bye-law, 422



definition of "the court," 102, 103

in stannaries the vice-warden, unless certificate that the case
should be wound-up in chancery, 103

in all other cases, in England and Ireland, the respective Courts
of Chancery there, 103

in Scotland is the Court of Session, 103

Court of Chancery in England or Ireland may remit case to
Court of Bankruptcy, 103

Court of Chancery may act in chambers, 105

may restrain action before order made for winding-up, 105
may dismiss petition, adjourn or make interim order, 106
may stay proceedings in winding-up after order made, 107
may direct meetings of the creditors and contributories to be
held for the purpose of ascertaining their wishes, 109
may appoint an official liquidator provisionally or otherwise,

may fill up vacancy in office and settle amount of salary of the
official liquidator, 110

may authorize official liquidator to act in certain matters with-
out the sanction of the court, 113

shall settle list of contributories, 114

may require property of company to be delivered up by any
contributory, &c., 152

may order payment by contributory of debts due to the company
exclusive of calls, with provision as to set-off in case of un-
limited company, 152


may make calls for all the purposes of the winding-up, 153
may order payment into Bank of England or branch thereof
instead of to the official liquidator, 157

may limit time for proof by creditors, 156

shall adjust rights of contributories and distribute surplus as-
sets, 158

in case of insufficient assets may give priority to costs of winding-
up, 158

shall make an order as to dissolution of company, 159

may summon and examine persons suspected of having in their
possession any property of the company, 160, 162

may arrest contributory about to abscond or remove his pro-
perty, 162

may exercise any of its ordinary powers in addition to the powers
conferred by statute, 163

may enforce its orders as in matters within its ordinary juris-
diction, 163

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-
plication of liquidators, 175

may adopt proceedings in voluntary winding-up, 177

may order voluntary winding-up to continue subject to super-
vision, 178

may consult creditors and contributories as to winding-up subject
to supervision, 178

may appoint additional liquidators in winding-up subject to
supervision, 179

may continue voluntary liquidators as official liquidators al-
though voluntary liquidation suspended, 180

may order inspection of books in voluntary winding-up subject
to supervision, 181

may examine conduct of delinquent directors, assess damages
and compel payment of money, 207

may restrain action by existing company against contributory,


the like, in case of an unregistered company, 234

may transfer all property of unregistered company having no
power to sue and be sued to liquidators, 235

may exercise all ordinary powers in addition to statutory powers
against unregistered company, 236


subscriber bound by memorandum of association to the same
extent as by, 18, 19


wishes of, may be regarded relative to winding-up, 109
by order of court may be excluded from proving, 156


conveyance of company's property for, when invalid, 188
may petition to wind-up, 104

may apply for injunction to stay actions, 105, 106
attendance of, in winding-up proceedings, 313, 314
may be consulted in winding-up, 109, 178, 309
arrangements with, on voluntary winding-up, 174
power of liquidators to make arrangements with, 183
proof of debt by, 182, 301, 303


fixing time for, 156, 301

in stannary court, 157

actions may be stayed where company is being wound-up, 105,
107, 229, 230, 234

may apply to stay winding-up proceedings, 108


directors liable to be punished, 207, 378, 380


act for enabling, to form companies by letters patent, 391—411

of existing banking company to have notice of intention to re-
gister with limited liability, 225



may be assessed by court against delinquent directors and
others, 207

claims sounding in, may be proved, 182

measure of, in action for withholding shares, 416


of registration of existing companies, to what period referred,


of dissolution of company, 159, 177, 315, 316



who contributory in case of, 85

transfer of shares on, 32, 244, pl. 12-16


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
interest secured on, apportionable, 66


of all descriptions to be proved on winding-up, 182


liability of estate of, 85

administration of estate of, 156


before whom to be made, 169

to be made by member, as to company limited by guarantee,


form of, for proof of debt by agent of incorporated company, 93
under act for abolition of oaths, 224

allegation in action for calls against members, 74

statement of existing companies to be verified by, 224
returns of companies formed by letters patent to be verified by,


of courts of equity against public officer, how to operate against
banking company, 284


execution of deeds abroad by attorney, 57

effect of refusal to sign, by applicants for shares, 127, 128
inducing persons by fraud to execute, how punishable, 381
of partnership to be executed where companies formed by letters
patent, 395


of insurance company, 1
of member of company, 31
of joint stock company, 221
companies acts, 217
limited by shares, 13
by guarantee, 17

of unregistered company, 230

of contributory under Companies Act, 1862..76, 228, pl. 5,


under former Winding-up Acts, 81, 83, 119


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


of power of company to appoint liquidators, 174
by directors to committee of members, 254


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