608
If assignees commence action before time allowed to dispute the bankruptcy has elapsed, debtor to estate may pay money into Court.
Limitation of action.
General issue.
Court may determine on all differences
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency:
allow the name of the surviving or new assignee to be substituted in the place of the former and such action or suit shall be prosecuted in the name or names of the said surviving or new assignee or assignees, in the same manner as if he had originally commenced the same.
94. If the assignee commence any action or suit for any money due to the bankrupt's estate, before the time allowed for the bankrupt to dispute the bankruptcy shall have elapsed, any defendant in any such action or suit, shall be entitled, after notice given to the assignees, to pay the same or any part thereof, into the Court in which such action or suit is brought; and all proceedings with respect to the money so paid into Court shall thereupon be stayed until such time shall have elapsed; and if within that time the bankrupt shall not have commenced such action, suit or other proceeding, and prosecuted the same with due diligence, the money shall be paid out of Court to the Official Assignee, but otherwise shall abide the event of such action, suit or other proceeding and upon such event shall be paid out of Court, either to the Official Assignee or the person adjudged bankrupt as the Court shall direct; and after such payment of money so made into Court, it shall not be lawful for the person adjudged bankrupt to proceed against the defendant for the recovery of the same money.
95. Every action brought against any person for anything done in pursuance of this Ordinance shall be commenced within three months next after the fact committed: and the defendant in any such action may plead the general issue and give this Ordinance and the special matter in evidence at the trial, and that the same was done by authority of this Ordinance; and if it shall appear so to have been done, or that such action was commenced after the time limited as aforesaid for bringing the same, the jury shall find for the defendant; and if there be a verdict for the defendant, or if the plaintiff be non-suited, or discontinue his action or suit after appearance thereto, or if upon demurrer, judgment shall be given against the plaintiff, the defendant shall receive such full and reasonable indemnity as to all costs, charges and expenses incurred in and about any such action as shall be taxed by the proper officer in that behalf, subject to be reviewed in like manner by the same authority as any other taxation of costs by such officer.
96. In case of any claim, dispute or difference between the Official Assignee, the Creditors' Assignee, and the creditors of any bankrupt or