68.

After notices given, unless cause shown to the contrary, list to be conclusive.

69.

to the contrary to the satisfaction of the Master, by a day to be named in the notice, the list or lists shall not be afterwards disputed by such person without leave of the Court first obtained.

And be it Enacted, That when all the above notices shall have been advertised or otherwise served or sent as before directed, any person to whom the same shall refer shall, unless cause be duly shown to the contrary, be fully bound and concluded by the list or lists so settled, and shall not be entitled to contest the same without leave of the Court first obtained on that account.

5

Master may And be it Enacted, That if cause shall be shown to the Master at 10 make separate report as to the time of settling the list, the master shall have power to make a particular contributories separate report as to any individual contributory or class of contributories, or otherwise to represent the circumstances of the case to the Court, and that all parties interested shall be entitled to appeal against any general or separate order or report by the Master.

or classes.

70. Books of partnership and official

Trustee to be

And be it Enacted, That as between the contributories, the books, accounts and documents of the Company, until dissolved, and of the evidence when official Trustee after dissolution, shall be primâ facie evidence of the truth of all matters therein contained, and purporting to be therein recorded.

certified.

71.

No person

entitled to appear as contributory unless name on list.

72. Contribu

tories may summon

And be it Enacted, That no person shall be entitled to appear before the Master as a contributory of the Company unless his name shall be on the list as prepared by the official Trustee, or as settled by the Master, but that any person shall be at liberty from time to time to claim that his name shall be inserted upon the list.

And be it Enacted, That it shall be lawful for any person whose tommon other name shall stand upon the list of contributories to summon any other person to show cause why his name should not be included in the list.

persons to show cause why they should not

be inserted on the list.

73. Master to

adjudicate on matters of in

ternal contest.

74. Master to

have same powers as to settling lists, &c., as before given as to

proof of debts

15

20

25

And be it Enacted, That the Master shall have full power to adju- 30 dicate upon any matter of contest between the contributories, whether as to the liability of individual contributories or classes of contributories to particular losses, or the particular claims of any such individuals or classes.

And be it Enacted, That the Master shall have and exercise, in or 35 about the settling of the lists of contributories and the determining and adjusting the respective interests, claims and demands of contributories, the same powers and authorities in all respects as are herein vested in him in and about the proving of debts by creditors of the Company.

And

5

And be it Enacted, That pending the winding up and closing of the accounts of the Company, the Master shall have power to require any partner, trustee, receiver or other person to pay into the hands of the official Trustee any sum or balance which shall happen to be in his hands for the time being, and to which such Company is primâ facie entitled, any thing in the present practice of Courts of Equity to the contrary notwithstanding.

And be it Enacted, That the official Trustee shall make up from time to time and keep regular books of account upon the principles of 10 the law or custom of merchants, showing the debts and credits of the Company, and comprising a private ledger, in which a separate account shall be opened for every contributory, and that contributories shall only be at liberty to surcharge and falsify such books.

15

And be it Enacted, That, subject to the direction and control of the Master, contributories shall be entitled, without fee or reward, to inspect all or any of the books of the Company, or of the official Trustee, and to take copies or abstracts of or extracts from all or any of such books or any part thereof.

And be it Enacted, That it shall be the first duty of the Master to 20 see to and provide for the payment and satisfaction of debts and demands against such Company, and that although the assets of such Company may not appear to be insufficient, and in the meanwhile and until such assets are collected and converted into money it shall be lawful for the Master, at his sole discretion, from time 25 to time to make calls on the contributories so far only, nevertheless, in the case of an incorporated Company, as they shall be unable to the same, for the raising the amount of debts due to persons not contributories to the Company.

pay

79. After con

version of assets, calls

for contribu

And be it Enacted, That when all debts due to persons not contri30 butories shall have been fully satisfied, or, in the meanwhile, if the Master shall think proper, the Master shall have power to make may be made calls on the contributories for the purpose of adjusting and settling their respective claims upon one another, or upon the company, and that such calls shall be termed calls for contribution.

35

And be it Enacted, That in the making of any call the Master shall, as far as practicable, take into consideration the state of the particular account of any contributory with the company or with tributory.

any

other con

And be it Enacted, That previously to the making any call the Master shall, in such manner as the general orders of the Court, or any

tion.

81. Notice of in

tentioncalls to special be given.

82. Unless cause shown to the contrary, order to be

made for peremptory

payment of calls.

83. Official Trus

tee may, with

approbation of Master,

enforce payment, give time, &c.

84. Master may take an account of

the estate of a deceased contributory where assets are not admitted.

85.

Official
Trustee, by

direction of
Master, to
éirculate

special decree or order in the matter, shall from time to time direct, and in default of and subject to any such direction, then by advertise ment in Two successive numbers of the London Gazette, give notice of a day, hour and place at which he will make such call, and of the intended amount thereof, in proportion to the capital and to the shares or interests of the contributories; and all parties interested shall be entitled to attend at such day, hour and place to offer objections to or relating to any such call.

5

And be it Enacted, That, unless cause shall be shown to the contrary to the satisfaction of the Master, the Master shall make an order 10 for the peremptory payment of every such call on or before a day to be therein fixed; and every such order shall be advertised in the London Gazette, and shall be otherwise served on or notified to whom it may concern, as the Master shall direct: Provided always, That in the case of any call as to which any appeal shall be made to the Court 15 in reference to the expediency or amount thereof, the Master's order for peremptory payinent shall not be advertised until confirmed.

And be it Enacted, That it shall be lawful for the official Trustee, with the approbation of the Master, from time to time to enforce payment of, give time, or compound for or to abandon any claim for 20 contribution as against any of the contributories of the dissolved Company, where such parties shall die, or be found and adjudged bankrupts, or take the benefit of any Act for the relief of Insolvent Debtors, or dwell or escape beyond seas, or known to be insolvent or incapable of paying their debts, or in such other cases as the Master 25 shall think fit.

And be it Enacted, That in case any money shall be found due from the estate of a deceased contributory whose executor or administrator shall not admit assets, it shall be lawful for the Master to take an account of the estate of such deceased contributory, for the 30 purpose of ascertaining the correctness of such denial of assets, and for winding up the affairs of such deceased contributory; and such account may be proceeded with and shall be valid to all intents and purposes, whether or not sufficient assets may be found.

And be it Enacted, That, as far as it shall be consistent with the interest of such Company, the Master shall cause the official Trustee to circulate and advertise in the London Gazette, or otherwise accounts and give notice, as the Master shall direct, of all accounts and balance sheets, and particulars, if any, of proceedings in and about the liquidation, which it shall be expedient to make known to the contributories, to the creditors, or to the public.

balance sheets, &c.

35

And

And be it Enacted, That it shall be lawful for the Master from time to time, with the consent of the majority in number and value of the persons to be represented in any particular case, to appoint and again remove any one or more contributories to attend and watch the 5 proceedings of the liquidation, as representatives on behalf of the contributories in general, or of such contributories or classes of contributories as the Master shall from time to time direct.

valid,

87.

although parties out of

And be it Enacted, That all services under this Act shall be Services to be lawfully and effectually made in the form and manner prescribed or 10 to be prescribed in any particular case, although the parties on whom the same shall be directed to be served may be out of the jurisdiction of the Court.

And be it Enacted, That every summons, notice, order or other document under this Act may be lawfully sent by post, and shall be 15 lawfully and effectually made in manner prescribed under this Act, although the parties to whom the same shall be addressed may be out of the jurisdiction of the Court.

And be it Enacted, That all reports or certificates of the Master on or about the liquidation, shall be binding without confirmation, until 20 discharged or varied by the Court, if not excepted to or appealed against within Eight Days after the issuing or giving the same.

25

And be it Enacted, That all orders of the Master in and about the winding up shall have the same effect to all intents and purposes, and shall be enforced in the same manner as orders of Court.

jurisdiction.

91.

Court may stay proceedings on any

And be it Enacted, That it shall be in the discretion of the Court, on application made to it in that behalf by any party interested in the matter of the winding up, to stay proceedings on any report or order report or of the Master.

And be it Enacted, That in all cases of investigation or contest 30 between any particular contributories or classes of contributories amongst themselves, or between any contributories or classes of contributories on the one hand, and the firm on the other, the costs, risks and expenses of any such investigation or contest shall be borne or apportioned as the Master shall direct.

35

And be it Enacted, That the costs of all proceedings which shall take place before the Master or the official Trustee, shall be at the discretion of the Master, and the costs of all proceedings before the Court shall be in the discretion of the Court.

order.

94.

How costs to be ascertained.

95.

How costs to

be paid.

96. How recoverable.

97. Appeals to the Court.

98.

Proof of debts

to be made as in bankruptcy.

99. Punishment of persons giving false evidence, &c

100.

Master to give

certificates of entries, &c.

101.

General prac

where not

And be it Enacted, That all costs shall be ascertained by the Master, or shall be taxed by such persons and as he shall direct.

And be it Enacted, That all costs shall be paid as the Master shall direct, or, in case he shall so direct, shall be debited or credited in and to the account of such persons, parties to the proceedings, 5 as he shall direct.

And be it Enacted, That all costs ordered to be paid in and about the winding up shall be recoverable by subpoena and attachment, or by fieri facias or other process, or otherwise in the same manner as if such costs were awarded by an order made in a suit.

10

And be it Enacted, That an appeal shall lie to the Court, upon motion, without the necessity of objections or exceptions against all orders or reports or other proceedings of or before the Master, including orders as to costs, entries or omissions of entries, or alleged entries or omissions of entries, in the books of the official Trustee, 15 and other matters affecting parties to the winding up.

And be it Enacted, That it shall be lawful for any creditor of any such Company to make proof of his debt or demand by affidavit in the same manner in all respects as debts are allowed to be proved under the present law and practice of bankruptcy.

any

20

And be it Enacted, That any person who shall, upon any examination upon oath or affirmation authorized under this Act, or in affidavit, deposition or solemn affirmation, in or about the dissolution or winding up of any Company under this Act, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm any thing 25 which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt Perjury.

And be it Enacted, That the Master shall, on request, give certificates under his hand of any decisions, entries or other matters respecting parties to the winding up, which shall be done or take place in 30 and about the same.

And be it Eancted, That the general practice of the Courts of tice of courts Chancery in England and Ireland, so far as the same shall be applicable, and so far as the same is not or shall not be varied by this Act, or by any rules or orders to be made under this Act, shall apply in all 35 respects to all proceedings under or by virtue of this Act..

varied under this Act.

102. Matters not provided for

And be it Enacted, That if any matter shall arise in or about the disto be reported solution or winding up of any Company under this Act, which shall appear to the Master not be sufficiently provided for by this Act, or by any rules or orders for the time being in force, the Master shall, on the

to the Court.

request