186
Debts to be ascertained, and dividend made.
How dividend to be made.
Court may examine into disputed claims.
If prisoner, or creditor, or Court dissatisfied.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
duly appointed, before any such assignee shall proceed to a dividend; and if upon such examination there shall appear to be in the hands of such assignee or assignees any balance wherewith a dividend may be made, proceedings shall be had forthwith under the direction of the said Court for making such dividend, and also, when it shall appear necessary, for correcting and ascertaining the list of creditors entitled to receive the same; and notice of any meeting ordered to be held for such ascertaining of debts, or for declaring dividend thereupon, or for both purposes, shall be given for such time and place and in such manner as the said Court shall at any time or in any case direct; and in case such dividend shall be made before adjudication shall have been made with respect to such prisoner as hereinafter provided, the same shall be made amongst the creditors of such prisoner, who shall prove their debts in pursuance of any order of the said Court to be made in that behalf; and in case such dividend shall be made after such adjudication, the same shall be made amongst the creditors of such prisoner, whose debts shall be admitted in his or her schedule so sworn to as hereinafter directed, and amongst such other creditors (if any) who shall prove their debts in manner aforesaid, in proportion to the amount of the debts so proved, and so admitted and proved respectively, as the case may be: Provided always, that if any such prisoner, creditor, or assignee shall object in whole or in part to any debt tendered to be so proved as aforesaid, or to any debt mentioned in the schedule of such prisoner, or if any person whose demand is stated in such schedule, but is not admitted therein to the extent of such demand, shall claim to be admitted as a creditor for the whole of such demand, or for more thereof than is so admitted, the said objections and claims shall, upon application duly made, be examined into by the said Court; and the said Court may, if it shall seem fit, refer the examination of the same to an officer of the said Court, or to an examiner duly appointed in pursuance of this Ordinance; and the said Court, and such officer or examiner to whom such reference shall have been made, shall have full power for the purpose aforesaid to require and compel the production of all books, papers, and writings which may be necessary to be produced, as well by the person claiming such debt, as by such prisoner, or his or her assignee or assignees, creditor or creditors, and to examine all such persons and their witnesses upon oath, as the nature of the case may require, and to take all other measures necessary for the due investigation of such objections and claims; and the decision of the said Court thereupon shall be conclusive with respect to the title of any such creditor or creditors to his, her, or their share of such dividend under the provisions of such ordinance: Provided always, that if in any case it shall appear expedient that the proof of any debt or debts should be required to be made at any earlier or other period than as aforesaid, it shall be lawful at any time for the said Court, by notice as may be directed in that behalf, to cause all or any of the creditors to prove their debts in such manner as the said Court or a commissioner thereof shall require, and to decide upon such debts and the rights to receive dividends thereupon, and to do all things requisite thereto as aforesaid.
25. And be it further enacted and ordained, that in case such prisoner, or any of his or her creditors, or the said Court, shall at any time be dissatisfied with the