payment.

the official liquidator of non-payment (see Form and rule No. 40), an order may be made Enforcing against each defaulter personally to pay the amount appearing due from him. This order may also be made upon a special summons to enforce payment of the call, (see rule 35 and Form). The summons is served as above.

The order made on this application must be served personally, and have endorsed thereon the following notice. "If you, the within named A. B., neglect to obey this order by the time therein limited, you will be liable to be arrested under a writ of attachment issued out of the High Court of Chancery, or by the serjeant at arms attending the same Court, and also be liable to have your estate sequestered for the purpose of compelling you to obey the same order." (See Consolidated Orders, No. 23, rule 10, and post, Chap. XVIII.) Along with the copy of the order the notice referred to in rule 39 must be served.

The proceedings to enforce the order will be found, post.

It will be observed that by rule 38, before service of the general order for the call, directing payment into the bank, or after the time thereby fixed for payment, an order may be made without notice for payment of the amount due in respect of the call to the official liquidator, if it shall be thought proper for the purposes therein mentioned.

By sect. 105, in case the representatives of a

deceased contributory do not pay the amount due from such contributory, proceedings may be taken to administer the real and personal estate of the deceased by the official liquidator in his official name, and, if necessary, the official liquidator may take out letters of administration to the estate of a deceased contributory in his own name, sect. 95. In either of these cases the order for the call is to be conclusive evidence that the money is due, and of the truth of all pertinent matters mentioned therein, except in proceedings against the real estate, in which case it is only to be prima facie evidence for charging the real estate, unless the heir or devisee was on the list at the time it was made. (Sect. 106.)

Sub-section 7 of sect. 95 is as follows:-The official liquidator is to have power with the sanction of the Court.

"To take out, if necessary, in his official name, letters of administration to any deceased contributory, and to do in his official name any other act that may be necessary for obtaining payment of any monies due from a contributory or from his estate, and which act cannot be conveniently done in the name of the Company; and in all cases where he takes out letters of administration or otherwise uses his official name, for obtaining payment of any monies due from a contributory, such monies shall, for the purpose of enabling him to take out such letters, or recover such monies, be deemed to be due to the official liquidator himself.”

CHAPTER XIII.

PROOF OF DEBTS.

The following provisions relate to the proof of debts.

Sect. 107. The Court may fix a certain day or certain days Court may on or within which creditors of the Company are to prove exclude their debts or claims, or to be excluded from the benefit of any distribution made before such debts are proved.

to be proved.

158. In the event of any Company being wound up Debts of all under this Act, all debts payable on a contingency, and all descriptions claims against the Company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the Company, a just estimate being made, so far as is possible, of the value of all such debts or claims as may be subject to any contingency or sound only in damages, or for some other reason do not bear a certain value.

Proof of Debts.

Rule 20. For the purpose of ascertaining the debts and claims due from the Company, and of requiring the creditors to come in and prove their debts or claims, an advertisement shall be issued at such time as the Judge shall direct; and such advertisement shall fix a time for the creditors to send their names and addresses, and the particulars of their debts or claims, and the names and addresses of their soli. citors (if any) to the official liquidator, and appoint a day for adjudicating thereon.

21. The creditors need not attend upon the adjudication, nor prove their debts or claims, unless they are required to do so by notice from the official liquidator; but upon such notice being given, they are to come in and prove their debts or claims within a time to be therein specified.

22. The official liquidator shall investigate the debts and claims sent in to him, and ascertain, as far as he is able,

which of such debts and claims are justly due from the Company; and he shall make out and leave at the chambers of the Judge, a list of all the debts and claims sent in to him, distinguishing which of the debts and claims, or parts of debts and claims so claimed, are, in his opinion, justly due and proper to be allowed without further evidence, and which of them, in his opinion, ought to be proved by the creditors; and he shall make and file, prior to the time appointed for adjudication, an affidavit setting forth which of the debts and claims in his opinion are justly due and proper to be allowed without further evidence, and stating his belief that such debts and claims are justly due and proper to be allowed, and the reasons for such belief.

23. At the time appointed for adjudicating upon the debts and claims, or at any adjournment thereof, the Judge may either allow the debts and claims upon the affidavit of the official liquidator, or may require the same, or any of them, to be proved by the claimants, and adjourn the adjudication thereon to a time to be then fixed; and the official liquidator shall give notice to the creditors whose debts or claims have been so allowed, of such allowance.

24. The official liquidator shall give notice to the creditors whose debts or claims have not been allowed upon his affidavit, that they are required to come in and prove the same by a day to be therein named, being not less than four days after such notice, and to attend at a time to be therein named, being the time appointed by the advertisement, or by adjournment (as the case may be) for adjudicating upon

such debts and claims.

25. The value of such debts and claims as are made admissible to proof by the 158th section of the said Act, shall, so far as it is possible, be estimated according to the value thereof at the date of the order to wind up the Company.

26. Interest on such debts and claims as shall be allowed shall be computed, as to such of them as carry interest, after the rate they respectively carry; any creditor whose debt or claim so allowed does not carry interest, shall be entitled to interest, after the rate of 47. per centum per annum, from the date of the order to wind up the Company, out of any assets which may remain after satisfying the costs of the winding up, the debts and claims established, and the interest of such debts and claims as by law carry interest.

27. Such creditors as come in and prove their debts or claims pursuant to notice from the official liquidator, shall be allowed their costs of proof, in the same manner as in the case of debts proved in a cause.

28. The result of the adjudication upon debts and claims shall be stated in a certificate to be made by the chief clerk, and certificates as to any of such debts and claims may be made from time to time. All such certificates shall state whether the debts or claims are allowed or disallowed, and whether allowed as against any particular assets, or in any other qualified or special manner.

PART I.-What Debts may be proved.

provable.

Prior to the Act of 1862, there was no provision What debts in any of the Winding up Acts as to the nature of the debts which were provable under the proceedings for winding up a Company, but by sect. 158 of the Act of 1862, following the 178th section of the Bankruptcy Law Consolidation Act of 1849, it is now provided that all debts payable on a contingency, and all claims against the Company, present or future, certain or contingent, ascertained or sounding only in damages, are to be admissible to proof, a just estimate being made, so far as is possible, as to the value of all such debts and claims as may be subject to a contingency or sound only in damages, or for some other reason, do not bear a certain value; and by rule 25, this estimate is to be made as at the date of the order to wind up.

We also find for the first time that interest is Interest. to be allowed on simple contract debts from the date of the order to wind up at £4 per cent.