230 
APPENDIX OF CASES. 
was accordingly done, and a winding-np order made by the 
county court judge at Sheffield, and an official liquidator 
appointed. Upon a motion to settle the list of contri 
butories, it was held that persons who like the shareholders 
in question were shareholders before the registration under 
the Act of 1862, could not be made liable as contributories 
under the winding-up order. 
The present appeal was brought by the official liquidator 
against that decision. 
The shareholders in question had fully paid up, and one 
of them, Mr. Fountain, had parted with all his shares except 
one, before the society became limited. 
Druce, for the official liquidator, contended that though 
the society was registered as limited for the purpose of 
winding-up, yet as it was established under the former Act 
as unlimited, the liability of those who were then members 
had not ceased. He referred to In re the Plumstead Water 
Company, 2 De G. F. & J. 20; Garnet v. Moseley Gold 
Mining Company, 13 W. R. 412; 34 L. J. Q. B. 118. 
Elderton, for the respondents, was not called on. 
The Lord Chancellor said that he could not accede to 
the application for making an order for contribution as 
between the members. He must take the case as he found 
it for the purpose of determining the liability in question. 
The society was for the purpose of winding-up a limited 
company, and as such, the members in question were not 
liable to contribution, for they had paid up their shares. 
The society was registered nnder the Industrial Societies 
Acts, 1862, in which was incorporated the Companies Act 
of 1862, and in the section in that Act defining “ a con 
tributory,” that term was described as meaning “every 
person liable to contribute to the assets of a company under 
this Act.” 
If these words were applied to the Industrial Societies 
Act, we could only arrive at the same conclusion, namely, 
that a member was liable as between himself and the other 
members, according to the qualifications mentioned in the- 
Companies Act, 1862. Then it was said that the definition 
of a contributory was qualified by the following section,, 
which provided that “ the registration under that part of 
the Act of any company should not affect or prejudice the 
liability of such company to have enforced against it, or its 
rights to enforce any debt or obligation incurred on any 
contract entered into by, to, with, or on behalf of such