ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
607
If petition or adjudication be annulled &c., persons from whom with like leave of the Court, after notice to such creditors and subject to such conditions (if any) as to obtaining the consent of creditors, or any proportion of them, as the Court shall think fit to direct, the assignees may take such reasonable part of any debts due to bankrupt's estate as may by composition be gotten, or may give time or take security for the difference or payment of such debts: and may submit to arbitration any dispute between the assignees and for or on account, any other person, or by reason of anything relating to the estate and effects of the bankrupt.
91. All persons from whom the assignees shall have recovered any real or personal estate, either by judgment or decree, are hereby discharged in case the adjudication or petition for adjudication, be afterwards annulled or dismissed from all demands which may thereafter be made in respect of the same by the person against whom such adjudication was made, and all persons claiming under him; and all persons who shall bona fide paid the action or suit, bona fide deliver up possession of any real or personal estate to the assignees, or pay any debt claimed by them, are hereby discharged from all claim of any such person as aforesaid, in respect of the same or any person claiming under him: Provided the persons delivering up any real or personal estate or paying any debt, shall not have had notice of an action, suit, or other proceeding to dispute or annul the adjudication or petition for adjudication, and such action, suit, or other proceeding shall not have been commenced and prosecuted within the time and in manner allowed by this Ordinance.
the assignees have recovered or who have bona fide paid the action or suit, are hereby discharged from claims by the bankrupt.
If assigned indebted to
92. If any assignee indebted to the estate of which he is such assignee in respect of being part of the estate of the bankrupt become bankrupt and obtain his discharge, it shall have the effect only of freeing his person from arrest and imprisonment; but his future effects (his tools of trade, necessary household goods and the necessary wearing apparel of himself, his wife and children excepted) shall remain liable for so much of his debt to the estate of which he was assignee, as shall not be paid by dividends under his bankruptcy, and for interest at the rate of twelve per cent per annum on the whole debt.
Suits not to abate by death or removal of
93. Whenever an assignee shall die or be removed, or a new assignee shall be chosen, no action at Law or suit in Equity shall be thereby abated, but the Court in which any action or suit is depending assignees may, upon the suggestion of such death, or removal and new choice,
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
607
If petition or adjudication be annulled
&c., persons from whom
with like leave of the Court, after notice to such creditors and subject to such conditions (if any) as to obtaining the consent of creditors, or any proportion of them, as the Court shall think fit to direct, the assignees. may take such reasonable part of any debts due to bankrupt's estate as may by composition be gotten, or may give time or take security for the difference or payment of such debts: and may submit to arbitration any dispute between the assignees and
for or on account, any other person, or by reason of anything relating to the estate and effects of the bankrupt. 91. All persons from whom the assignees shall have recovered any real or personal estate, either by judgment or decree, are hereby discharged in case the adjudication or petition for adjudication, be afterwards annul- led or dismissed from all demands which may thereafter be made in re- spect of the same by the person against whom such adjudication was made, and all persons claiming under him; and all persons who shall without fide paid the action or suit, bonâ fide deliver up possession of any real or personal, dischar estate to the assignees, or pay any debt claimed by them, are hereby discharged from all claim of any such person as aforesaid, in respect of the same or any person claiming under him: Provided the persons 80 delivering up any real or personal estate or paying any debt, shall not have had notice of an action, suit, or other proceeding to dispute or annul the adjudication or petition for adjudication, and such action, suit, or other proceeding shall not have been commenced and prosecuted within the time and in manner allowed by this Ordinance.
the assignees have recover-
ed or who have bonâ
assignees,
from claims by the
bankrupt.
If assigned indebted to
92. If any assignee indebted to the estate of which he is such assignee in respect of being part of the estate of the bankrupt bankrupt's
moner retained or employed by him, become bankrupt and obtain his discharge,
estate be- comes bank-
charge shall not release his future effects in re- spect of such debt.
it shall have the effect only of freeing his person from arrest and impri- rupt his dis- sonment; but his future effects (his tools of trade, necessary house- hold goods and the necessary wearing apparel of himself, his wife and children excepted) shall remain liable for so much of his debt to the estate of which he was assignee, as shall not be paid by dividends under his bankruptcy, and for interest at the rate of twelve per cent per annum on the whole debt.
Suits not to abate by death or re- moval of
93. Whenever an assignee shall die or be removed, or a new assignee shall be chosen, no action at Law or suit in Equity shall be thereby abated, but the Court in which any action or suit is depending assignees. may, upon the suggestion of such death, or removal and new choice,
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