1890_BANKRUPTCY_AND_INSOLVENCY_ORDINANCE — Page 35

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officer ap- pointed or by affidavit.

Proof by post.

False declara- tion a mis- demeanor.

Official Assignee to examine all statements of

make out list of creditors who have proved.

Account, and

ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

that of

appointed for that purpose at any meeting of creditors elsewhere than in Court, or by affidavit upon his own oath, or upon any other person in his employment: Provided that where such deposition or affidavit shall be made by any other person than the creditor, the deponent shall in his deposition or affidavit, set forth that he is duly authorized by his principal to make the deposition or affidavit, and that it is within his own knowledge, that the debt was incurred, and for the consideration stated, and that to the best of his knowledge and belief the debt still remains unpaid and unsatisfied.

110. Every creditor of the bankrupt may also after adjudication, prove his debt, by delivering or sending through the general post, before the appointment of a Creditors' Assignee to the Official Assignee and after such appointment to the Creditors' Assignee a statement of such debt and of the account if any between the creditor and the bankrupt, together with a declaration signed by the creditor, appended thereto, that such statement is a full, true, and complete statement of account between the creditor and the bankrupt, and that the debt thereby appearing to be due from the estate of the bankrupt to the creditor is justly due: and all bodies politic and public companies incorporated, or authorized to sue or bring actions, may prove by an agent, provided such agent shall in this declaration declare that he is such agent, and that he is authorized to make such proof: and such declaration signed by such creditor and agent respectively as aforesaid, shall be in such form as General Orders shall direct.

111. Any person who shall wilfully and corruptly make any declara- tion for proof of debt as aforesaid, knowing the same, or the statement of account to which the same shall be appended, to be untrue in any material particulars, shall be deemed guilty of a misdemeanor, and shall be liable to undergo the pains and penalties imposed upon persons guilty of wilful and corrupt perjury.

112. The Official or Creditors' Assignee, as the case may be, shall examine all the statements of account as aforesaid and compare the same with the books, accounts and other documents of the bankrupt, and shall from time to time make out a list of the creditors who have proved their debts, stating the amount and nature of such debts, which list shall be open to the inspection of any creditor who has proved under the estate.

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