9º VICTORIE.-No . 3 of 1846.
17
got in by or for such Assignee, and of all Payments necessarily
made or deducted therefrom, and of all Expenses sought to be
allowed in respect thereof, up to the Time of filing such Account, or
to some ulterior Time if need be ; which Account so sworn, together
with a Minute concerning the probable Assets of the Estate (if any),
shall be filed with the proper Officer of the said Court ; and thereupon
and at the Time of so filing, the same Appointments shall be made
for the Examination of such Accounts, and for taxation of all Costs
and Charges claimed by such Assignee ; and Examination shall be dited.
Accounts to be au-
had of the Proceedings of the said Provisional Assignee, or of any
other Assignee or Assignees as the case may be, and of all the
Matters of his or their Account, by the Court, or a Commissioner
thereof, or an Examiner duly appointed, before any such Assignee
shall proceed to a Dividend ; and if upon such Examination there Debts to be ascer-
tained, and Dividend
shall appear to be in the Hands of such Assignee or Assignees any in
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
How Dividend to be
said Court shall at any Time or in any Case direct ; and in case made.
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 . Court may examine
into disputed Claims.
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 afore-
said, 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
E Creditor