BANKRUPTCY.
No. 7 of 1891.
645
... act as ... et or et to ... time ... any ... the ittal ... on : ... 1 to edy, ... the ... TO- ... and lied ... Hin ... the ... ivil ... ike ... rte ... the ... : ... 'ull ... ted ... ay ... nk ... las ... he ... stay proceed. ings.
74. The Court may at any time, for sufficient reason, stay the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just.
[46 & 47 Vict. c. 52 s. 109.]
Case of two or more respondents.
75. Where there are more respondents than one to a petition, the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others of them.
[ib. s. 111.]
[ib s. 118.]
76. Where a member of a partnership is adjudged bankrupt, the Court may authorise the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt's partner; and any release 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 such person may sue or be sued in respect of the contract without the joinder of the bankrupt.
[ib. s. 114.]
[ib. ss. 115, 123.]
78. (1) Any two or more persons, being partners, or any person carrying on business under a partnership name, may take proceedings or 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 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.
* As amended by: No. 50 of 1911.
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BANKRUPTCY.
No. 7 of 1891.
645
› act
s as
et or et to
time
any
the ittal
on :
1 to edy,
the
TO-
and lied
Hin
the
ivil
ike
rte
the
:
'ull
ted
ay
nk
las
he
stay proceed. ings."
74. The Court may at any time, for sufficient reason, stay the Power to proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just.
[46 & 47 Vict. c.:52 s. 109.]
Case of two
or more
respondents.
75. Where there are more respondents than one to a petition, the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others [ib. s. 111.] of them.
[ib s. 118.]
76. Where a member of a partnership is adjudged bankrupt, the Action by
trustee and Court may authorise the trustee to commence and prosecute any partner of action in the names of the trustee and of the bankrupt's partner; and any release 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 Action on jointly with any other person such person may sue or be sued in joint contract.
[ib. s. 114.] respect of the contract without the joinder of the bankrupt.
name.
[ib. ss. 115, 123.]
78. (1) Any two or more persons, being partners, or any person Proceedings carrying on business under a partnership name, may take proceed-
in partnership ings or be proceeded against under this Ordinante 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.
* As amended by: No. 50 of 1911.
iPage 41
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