ORDINANCE No. 5 OF 1864 . 615
Bankruptcy and Insolvency.
Power to
113. The Court may, on the application of the assignee, or of any examine upon
creditor, or of the bankrupt, or without any application , examine upon oath alleged
creditors, &c.
oath or otherwise any person 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 hereinbefore 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 .
114. Every person with whom any bankrupt shall have really and Bona fide
creditors in re
bonâ fide contracted any debt or demand before the filing of the petition spect of debt
contracted
for adjudication shall notwithstanding any prior act of bankruptcy com after an act
of bankruptcy
mitted by such bankrupt, be admitted to prove the same, as if no such may prove.
act of bankruptcy had been committed , provided such person had not , at
the time the same was contracted , notice of any act of bankruptcy, by
such bankrupt committed.
Proof for
115. A person entitled to enforce against the bankrupt payment of
money, costs,
any money, costs, or expenses by process of contempt issuing out of any &c., of which
payment may
Court shall be entitled to come in, as a creditor under the bankruptcy, be enforced
by process
and prove for the amount payable under the process , subject to such of contempt .
ascertaining ofthe amount as may be properly had by taxation or otherwise.
116. In all cases in which the bankrupt is liable to pay any rent Proof for
proportionate
or other payment falling due at fixed or stated periods , and the adjudica- part of rent
and other
tion shall happen at any time other than one of such fixed or stated payments
falling due at
periods, the person entitled to such rent or other payment may prove for fixed periods.
a proportionate part thereof up to the day of the adjudication 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 .
117. If any debtor shall at the time of adjudication be liable upon Proof in
respect of dis
tinct con
any bill of exchange or promissory note in respect of distinct contracts,
tracts.
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.