THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
the Bankrupt, together with a declaration signed by the Creditor, appended thereto, that such statement is a full, true, and complete statement of account between the Creditor and the Bankrupt, and that the debt thereby appearing to be due from the estate of the Bankrupt to the Creditor is justly due: and all bodies politic and public companies incorporated, or authorized to sue or bring actions, may prove by an Agent, provided such Agent shall in this declaration declare that he is such Agent, and that he is authorized to make such proof: and such declaration signed by such Creditor and
· Agent respectively as aforesaid, shall be in such form as general orders shall direct.
misdemeanor.
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CXIV. Any person who shall wilfully and corruptly make any declaration for proof False declaration a of debt as aforesaid, knowing the same, or the statement of account to which the same shall be appended, to be untrue in any material particulars, shall be deemed guilty of a misdemeanor, and shall be liable to undergo the pains and penalties imposed upon persons guilty of wilful and corrupt perjury.
examine all statements
CXV. The Official or Creditors' Assignee, as the case may be, shall examine all Official Assignee to the statements of account as aforesaid and compare the same with the books, accounts of account, and make and other documents of the bankrupt, and shall from time to time make out a list of the out list of Creditors
who have proved. Creditors who have proved their debts, stating the amount and nature of such debts, which list shall be open to the inspection of any creditor who has proved under the
estate.
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upon oath alleged Cre-
CXVI. The Court may, on the application of the Assignee, or of any Creditor, or Power to examine of the Bankrupt, or without any application, examine upon oath or otherwise any person ditors,' &c., tendering, or who has made a proof, and may summon any person capable of giving evidence concerning such proof, and, in like manner, where the debt is tendered on affidavit or statement, as herein before provided, may summon and examine on oath or otherwise, the person who has made the affidavit or statement, and any other person capable of giving evidence concerning the debt sought to be proved.
in
tracted after an act
CXVII. Every person with whom any Bankrupt shall have really and bonâ fide Bonâ fide Creditors contracted any debt or demand before the filing of the petition for adjudication shall respect of debts con- notwithstanding any prior act of bankruptcy committed by such Bankrupt, be admitted of Bankruptcy may
prove the same, as if no such act of bankruptcy had been committed, provided such prove. person had not, at the time the same was contracted, notice of any act of bankruptcy, by such Bankrupt committed.
to
Proof for money,
payment may be en-
CXVIII. A person entitled to enforce against the Bankrupt payment of any money, costs, or expenses by process of contempt issuing out of any Court shall be entitled to costs, &c., of which come in as a Creditor under the bankruptcy, and prove for the amount payable under forced by process of the process, subject to such ascertaining of the amount as may be properly had by taxation or otherwise.
contempt.
Proof for propor-
CXIX. In all cases in which the Bankrupt is liable to pay any rent or other pay- tionate part of rent ment falling due at fixed or stated periods, and the adjudication shall happen at any and other payments time other than one of such fixed or stated periods, the person entitled to such rent or falling due at fixed
periods. other payment may prove for a proportionate part thereof up to the day of the adjudi- cation in such manner as if the said rent or payment grew due from day to day and not at such fixed or stated periods as aforesaid.
distinct contracts.
CXX. If any Debtor shall at the time of adjudication be liable upon any bill of Proof in respect of exchange or promissory note in respect of distinct contracts, as member of two or more firms carrying on separate and distinct trades, and having distinct estates to be wound up in Bankruptcy or as a sole trader and also as the member of a Firm, the circumstance that such Firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts.
CXXI. If any bankrupt shall at the time of adjudication be liable, by reason of Proof in respect of any contract or promise, to a demand in the nature of damages which have not been unliquidated damages. and cannot be otherwise liquidated or ascertained, the Court may direct such damages to be assessed by a jury, either before itself or in the Supreme Court, and to give all necessary directions for such purpose; and the amount of damages when assessed, shall be provable as if a debt due at the time of the Bankruptcy; Provided, that in case all necessary parties agree, the Court shall have power to assess such damages without the intervention of a jury or a reference to the Supreme Court,
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