AD 1891.1
BANKRUPTCY.
[No. 7.
49
46 & 47 Vict.
c. 52 s. 113.
the names of the Trustee and of the bankrupt's partner; and any bankrupt's lease by such partner of the debt or demand to which such action relates shall be void; but notice of the application to commence the action shall be given to him and he may show cause against it, and, on his application, the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof in such manner as the Court may direct.
77. Where a bankrupt is a contractor in respect of any contract jointly with any other person or persons, such person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt.
78. Any two or more persons, being partners, or any person carrying on business under a partnership name, may take proceedings under this Ordinance in the name of the firm, and in such case all nominal and dormant partners shall be included in the adjudication, and all their joint estate and the separate estate of each of them shall vest in the Trustee: Provided that a receiving order shall not be made against a corporation or against a registered joint-stock company.
(2) The Court, on application by any person interested in any bankruptcy proceedings by or against a partnership, may order the names of the persons who are partners in such firm to be disclosed in such manner and verified upon oath or otherwise as the Court may direct; and, in case of dispute, the Court shall settle who are the partners in any firm liable to adjudication, and for this purpose may order such notices to be given or such inquiries made or issues tried as it may deem just and necessary.
Ib. ss. 116, 123.
79. The Chief Justice may from time to time make, revoke, and alter general rules and forms for carrying into effect the objects of this Ordinance.
rules and forms. Ib., s. 127.
PART V.
SUPPLEMENTAL PROVISIONS.
Unclaimed Funds or Dividends.
Disposal of funds and unclaimed dividends.
80 (1) When the Trustee has under his control any unclaimed dividend which has remained unclaimed for more than six months after making a final dividend, or the Trustee has in his hands any unclaimed or undistributed money arising from property of the debtor, he shall forthwith pay the same to the
AD 1891.1
BANKRUPTCY.
[No. 7.
49
46 & 47 Pict.
c. 52 s. 113.
the names of the Trustee and of the bankrupt's partner; and any bankrupt. lease by such partner of the debt or demand to which such action alates shall be void; but notice of the application to commence the tion shall be given to him and he may show cause against it, and, on his application, the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not laim any benefit therefrom he shall be indemnified against costs in respect thereof in such manner as the Court may direct.
77. Where a bankrupt is a contractor in respect of any contract Action on jointly with any other person or persons, such person or persons may 18. 9. 114.
joint contract. sue or be sued in respect of the contract without the joinder of the bankrupt.
78. Any two or more persons, being partners, or any person Proceedings carrying on business under a partnership name, may take proceedings name.
in partnership be proceeded against under this Ordinance in the name of the firm, and in such case all nominal and dormant partners shall be included in the adjudication, and all their joint estate and the separate estate of each of them shall vest in the Trustee: Provided that a receiving or- der shall not be made against a corporation or against a registered font-stock company.
(2) The Court, on application by any person interested in any bank- ruptcy proceedings by or against a partnership, may order the names of the persons who are partners in such firm to be disclosed in such manner and verified upon oath or otherwise as the Court may direct; and, in case of dispute, the Court shall settle who are the partners in any firm liable adjudication, and for this purpose may order such notices to be given or such inquiries made or issues tried as it may deem just and
necessary
Ib.ss. 116,123.
79 The Chief Justice may from time to time make, revoke, and Making of liter general rules and forms for carrying into effect the objects of this
Ordinance.
rules and forms. Ib..8. 127.
PART V.
SUPPLEMENTAL PROVISIONS.
Unclaimed Funds or Dividends.
Disposal of funds and
unclaimed
80 (1) When the Trustee has under his control any unclaimed dend which has remained unclaimed for more than six months or
after making a final dividend, the Trustee has in his hands dividends.. his control any unclaimed or undistributed money arising from roperty of the debtor, he shall forthwith pay the same to the
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