ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
113. The Court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any application, examine upon 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, any other person capable of giving evidence concerning the debt sought to be proved.
615
Power to examine upon oath alleged creditors, &c.
Bonâ fide creditors in respect of debts contracted after an act of bankruptcy may prove.
114. Every person with whom any bankrupt shall have really and bonâ fide contracted any debt or demand before the filing of the petition for adjudication shall, notwithstanding any prior act of bankruptcy committed by such bankrupt, be admitted to prove the same, as if no such 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 money, costs, &c., of which payment may be enforced by process of contempt.
115. A person entitled to enforce against the bankrupt payment of any money, costs, or expenses by process of contempt issuing out of any Court shall be entitled to come in, as a creditor under the bankruptcy, and prove for the amount payable under the process, subject to such ascertaining of the amount as may be properly had by taxation or otherwise.
116. In all cases in which the bankrupt is liable to pay any rent or other payment falling due at fixed or stated periods, and the adjudication shall happen at any time other than one of such fixed or stated periods, the person entitled to such rent or other payment may prove for 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.
Proof for part of rent and other payments falling due at fixed periods.
117. If any debtor shall at the time of adjudication be liable upon any bill of exchange or promissory note in respect of distinct contracts, 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.
Proof in respect of distinct contracts.
ORDINANCE No. 5 or 1864.
Bankruptcy and Insolvency.
113. The Court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any application, examine upon 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 and or otherwise, the person who has made the affidavit or statement,
any
other person capable of giving evidence concerning the debt sought to be proved.
615
Power to examine upon oath alleged creditors, &c.
Bonâ fide creditors in re-
contracted after an act of bankruptcy may prove.
114. Every person with whom any bankrupt shall have really and bonâ fide contracted any debt or demand before the filing of the petition spect of debts for adjudication shall notwithstanding any prior act of bankruptcy com- mitted by such bankrupt, be admitted to prove the same, as if no such 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.
money, costs, &c., of which payment may
be enforced of contempt.
by process
Proof for proportionate
115. A person entitled to enforce against the bankrupt payment of Proof for any money, costs, or expenses by process of contempt issuing out of any Court shall be entitled to come in, as a creditor under the bankruptcy, and prove for the amount payable under the process, subject to such ascertaining of the amount as may be properly had by taxation or otherwise. 116. In all cases in which the bankrupt is liable to pay any rent 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
entitled to such rent or other payment may prove for fixed periods. person 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 any bill of exchange or promissory note in respect of distinct contracts, 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.
Proof in
respect of dis- tinct con-
tracts.
A
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