568

SECRETARIAL PRACTICE

(2) In settling the list of contributories, the court shall distinguish
 between persons who are contributories in their own right
and persons who are contributories as being representatives of or
liable for the debts of others.

Delivery of
property to
liquidator.

Payment of
debts due by
contributory to
company and
extent to which
set-off allowed.

Power of court
to make calls.

204. The court may, at any time after making a winding-up order,
require any contributory for the time being on the list of contributories,
 and any trustee, receiver, banker, agent or officer of the
company to pay, deliver, convey, surrender, or transfer forthwith,
or within such time as the court directs, to the liquidator any money,
property, or books and papers in his hands to which the company is
primé facie entitled.

205.—(1) The court may, at any time after making a winding-up
order, make an order on any contributory for the time being on the
list of contributories to pay, in manner directed by the order, any
money due from him or from the estate of the person whom he
represents to the company, exclusive of any money payable by him
or the estate by virtue of any call in pursuance of this Act.
(2) The court in making such an order may—
(a) in the case of an unlimited company, allow to the contributory
 by way of set-off any money due to him or to
the estate which he represents from the company on any
independent dealing or contract with the company, but
not any money due to him as a member of the company
in respect of any dividend or profit; and
in the case of a limited company, make to any director
or manager whose liability is unlimited or to his estate
the like allowance.
(3) In the case of any company, whether limited or unlimited,
when all the creditors are paid in full, any money due on any account
whatever to a contributory from the company may be allowed to
him bv wav of set-off against anv subsequent call.

(b)

206.—(1) The court may, at any time after making a winding-up
order, and either before or after it has ascertained the sufficiency of
the assets of the company, make calls on all or any of the contributories
 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 liabilities of the
company, and the costs, charges, and expenses of winding up, and
for the adjustment of the rights of the contributories among themselves,
 and make an order for payment of any calls so'made.
(2) In making a call the court may take into consideration the
probability that some of the contributories may partly or wholly
fail to pay the call.

Payrient into 207.—(1) The court may order any contributory, purchaser or
Sue to company, Other person from whom money is due to the company to pay the
amount due into the Bank of England or any branch thereof to the