Bankruptcy.
(5) Subject to general rules, the court may in any matter take the whole or any part of the evidence viva voce or by interrogatories or upon affidavit or, out of the Colony, by commission.
[CAP. 6
Consolidation of petitions.
101. Where two or more bankruptcy petitions are presented against the same debtor or against joint debtors 4 & 5 Geo. 5, the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
102. Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petitioning creditor.
103. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
104. The court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just.
105. Any creditor whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present a petition against any one or more partners of the firm without including the others.
c. 59, s. 110.
Power to change proceedings.
4 & 5 Geo. 5, c. 59, s. 111.
Continuance on death of debtor.
4 & 5 Geo. 5, c. 59, s. 112.
Power to stay proceedings.
c. 59, s. 113.
4 & 5 Geo. 5.
Power to present petition against one partner.
4 & 5 Geo. 5, c. 59, s. 114.
Power to dismiss petition against some only.
106. Where there are more respondents than one to a petition the court may dismiss the petition as to one or more of them without prejudice to the effect of the petition as respondents against the other or others of them.
107. Where a member of a partnership is adjudged bankrupt the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt's partner; and any release by such partner of the debt or demand to which the action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it.
4 & 5 Geo. 5, c. 59, s. 115.
Actions by bankrupt's trustee and partners.
4 & 5 Geo. 5, c. 59, s. 117.
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