458

Masiien

into bank of
moneys due
to cempany,

Order on
contributory
conclusive
evidence

Appuint-
ment of
special
manager,

Ch. 31. No. 1.] Compantes.

company may be allowed to him by ay of set-off against
any subsequent call.

196. (1) The Court may, at any time after making a
winding up order, and cither before or after it has ascertained
the sufficiency of the assets of the company, make calls on
all or any of the contributorics 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 labilities of the company,
and the costs, charge. and expenses of winding up, and for
the adjustment of the rights of the contributories among
themselve and make an order for payment, of any calls so
made.

(2) In making a call the Court may take into con-
sideration the probability that some of the contributories
may partly or wholly fail to pay the call.

197. (1) The Court may order any contributory, pur-
chaser or other person from whom money is duc to the
company to pay the amount due into a bank 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.

(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.

198. (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.

(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 next of kin or devisees were on the
list of contributories at the time of the order being made.

199. (1) Where in proceedings the Official Receiver
becomes the liqudiator of a company, whether provisionally
or otherwise, he may, if satisfied that the nature of the