&

h)

COMPANIES ACT, 1920

723

Provided that, subject to any order made under section
fifty-seven of the Supreme Court of Judicature (Consolida-
tion) Act, 1925, and without prejudice to the power to make
orders of transfer under that Act, the jurisdiction of the
High Court under this provision shall be exercised by the
Chancery Division of that Court and provision may be
made by general rules for regulating the exercise of the said
jurisdiction:

A petition for winding up a trustee savings bank may be
presented by the National Debt Commissioners, or by a
commissioner appointed under the Trustee Savings Banks
Act, 1887, as well as by any person authorised under the
other provisions of this Act to present a petition for
winding up a company:

In the case of a limited partnership the provisions of this
Act with respect to winding up shall apply with such
modifications, if any, as may be provided by rules made
by the Lord Chancellor with the concurrence of the President
of the Board of Trade, and with the substitution of general
partners for directors.

50 & 51 Vict
Cc. 47

(2) Where a company incorporated outside Great Britain
which has been carrying on business in Great Britain ceases to
carry on business in Great Britain, it may be wound up as an un-
registered company under this Part of this Act, notwithstanding that
it has been dissolved or otherwise ceased to exist as a company
under or by virtue of the laws of the countrv under which it was
incorporated.
(3) Nothing in this Part of this Act shall affect the operation
of any enactment which provides for any partnership, association,
or company, being wound up, or being wound up as a company or
as an unregistered company, under any enactment repealed by this
Act, except that references in any such first-mentioned enactment
to any such repealed enactment shall be read as references to the
corresponding provision (if any) of this Act.

339.—(1) In the event of an unregistered company being wound
up, every person shall be deemed to be a contributory who is liable
to pay or contribute to the payment of any debt or liability of the
company, or to pay or contribute to the payment of any sum for
the adjustment of the rights of the members among themselves, or
to pay or contribute to the payment of the costs and expenses of
winding up the company, and every contributory shall be liable
to contribute to the assets of the company all sums due from him in
respect of any such liability as aforesaid:

Provided that, in the case of an unregistered company within
the stannaries, a past member shall not be liable to contribute to
the assets of the company if he has ceased to be a member for two
years or more either before the mine ceased to be worked or before
the date of the winding-up order.

Contributories in
winding up of
unregistered
company.