340

SECRETARIAL PRACTICE
(b) a past director or manager shall not be liable to make
such further contribution in respect of any debt or
liability of the company contracted after he ceased to
hold office:
subject to the articles of the company, a director or
manager shall not be liable to make such further contri-
bution unless the court deems it necessary to require that
contribution in order to satisfy the debts and liabilities
of the company, and the costs, charges, and expenses of
the winding up.

(3) In the winding up of a company limited by guarantee
which has a share capital, every member of the company shall be
liable, in addition to the amount undertaken to be contributed by
him to the assets of the company in the event of its being wound up,
to contribute to the extent of any sums unpaid on any shares held by
him.

Definition of
contributory.

Nature of lia-
bility of con-
tributorv.

Contributories
in case of death
of member.

158. The term ‘‘contributory’’ means every person liable to
contribute to the assets of a company in the event of its being wound
1p, and for the purposes of all proceedings for determining, and all
proceedings prior to the final determination of, the persons who are
to be deemed contributories, includes any person alleged to be a
contributory.

159. The liability of a contributory shall create a debt (in Eng-
and of the nature of a specialty) accruing due from him at the time
when his liability commenced, but payable at the times when calls
are made for enforcing the liability.

160.—(1) If a contributory dies either before or after he has been
placed on the list of contributories, his personal representatives,
and the heirs and legatees of heritage of his heritable estate in
Scotland, shall be liable in a due course of administration to contri-
bute to the assets of the company in discharge of his liability and
shall be contributories accordingly.
(2) Where thé personal representatives are placed on the list of
contributories, the heirs or legatees of heritage need not be added,
but they may be added as and when the court thinks fit.

(3) If in England the personal representatives make default in
paying any money ordered to be paid by them, proceedings may be
taken for administering the estate of the deceased contributory, and
for compelling payment thereout of the money due.
Contributories 161. If a contributory becomes bankrupt, either before or after

prc of he has been placed on the list of contributories—

member. (1) his trustee in bankruptcy shall represent him for all the
purposes of the winding-up, and shall be a contributory
accordingly, and may be called on to admit to proof against
the estate of the bankrupt, or otherwise to allow to be paid