LAW AMENDMENT.
No. 2 of 1901.
1129
fit and any person, whether a party or not to any such cause or matter, who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule, or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the Court, by motion in a summary way, for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purposes of justice; and the Court shall thereupon make such order as may be just;
(6) subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in manner aforesaid and to the other express provisions of this Ordinance, the Court shall recognise and give effect to all legal claims and demands, and all estates, rights, titles, duties, obligations, and liabilities existing by the common law or by any custom, or created by any statute, in the same manner as the same would have been recognised and given effect to by the Court if this Ordinance had not been passed; and
(7) the Court, in the exercise of the jurisdiction vested in it by this Ordinance, in every cause or matter pending before it, shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as to it may seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Amendment and Declaration of Law.
or
Court of
insolvent
4. In the administration by the Court of the assets of any deceased person whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities, respectively, as may be in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive
As amended by No. 1 of 1912, No. ... of 1912 and No. 43 of 1912.
[36 & 37 Vict. c. 66 s. 25]
LAW AMENDMENT.
No. 2 of 1901.
1129
fit and any person, whether a party or not to any such cause or matter, who may be entitled to enforce, by attachment or other- wise, any judgment, decree, rule, or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the Court, by motion in a summary way, for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purposes of justice; and the Court shall thereupon make such order as may be just;
(6) subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in manner aforesaid and to the other express provisions of this Ordinance, the Court shall recognise and give effect to all legal claims and demands, and all estates, rights, titles, duties, obligations, and liabilities existing by the common law or by any custom, or created by any statute, in the saine manner as the same would have been recognised and given effect to by the Court if this Ordinance had not been passed; and
(7) the Court, in the exercise of the jurisdiction vested in it by this Ordinance, in every cause or matter pending before it, shall have power to grant, and shall grant, either absolutely cr on such reasonable terms and conditions as to it may seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim pro- perly brought forward by them respectively in such cause matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Amendment and Declaration of Law.
or
Court of
insolvent
4. In the administration by the Court of the assets of any Administra deceased person whose estate may prove to be insufficient for the ton by the payment in full of his debts and liabilities, the same rules shall estate of prevail and be observed as to the respective rights of secured and deceased unsecured creditors, and as to debts and liabilities provable, and as person. to the valuation of annuities and future and contingent liabilities. respectively, as may be in force under the law of bankruptcy with (1).] respect to the estates of persons adjudged bankrupt; and all per- sons who in any such case, would be entitled to prove for and receive
As amended by No. 1 of 1912, No. of 1912 and No. 43 of 1912.
[36 & 37 Vict. c. 66 s. 25
*
No comments yet.
Private notes are available after approval.