1906
No. 10 of 1931.
BANKRUPTCY.
Discretionary powers of court. 4 & 5 Geo. 5, c. 59, s. 109.
Consolidation of petitions. 4 & 5 Geo. 5, c. 59, s. 110.
Power to change carriage of proceedings. 4 & 5 Geo. 5, c. 59, s. 111.
Continuance of proceedings on death of debtor. 4 & 5 Geo. 5, c. 59, s. 112.
Power to stay proceedings. 4 & 5 Geo. 5, c. 59, s. 113.
100. (1) Subject to the provisions of this Ordinance and to general rules, the costs of and incidental to any proceeding in court under this Ordinance shall be in the discretion of the court:
Provided that, where any issue is tried by a jury, the costs shall follow the event unless, upon application made at the trial, for good cause shown, the judge before whom such issue is tried otherwise orders.
(2) The court may at any time adjourn any proceedings before it upon such terms, if any, as it may think fit to impose.
(3) The court may at any time amend any written process or proceeding under this Ordinance upon such terms, if any, as it may think fit to impose.
(4) Where by this Ordinance or by general rules the time for doing any act or thing is limited, the court may extend the time either before or after the expiration thereof upon such terms, if any, as the court may think fit to impose.
(5) Subject to general rules, the court may in any matter take the whole or any part of the evidence vivâ voce or by interrogatories or upon affidavit or, out of the Colony, by commission.
101. Where two or more bankruptcy petitions are presented against the same debtor or against joint debtors the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
102. Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petitioning creditor.
103. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
104. The court may at any time, for sufficient reason, make an order staying 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.
1906
No. 10 of 1931.
BANKRUPTCY.
Discretion-
ary powers of court. 4 & 5 Geo. 5, c. 59, s. 109.
Consolida- tion of petitions.
4 & 5 Geo. 5, c. 59, s. 110.
Power to change carriage of proceedings. 4 & 5 Geo. 5,
c. 59, s. 111.
Continuance of proceed- ings on death of debtor. 4 & 5 Geo. 5,
c. 59, s. 112.
Power to stay pro- ceedings.
I
100. (1) Subject to the provisions of this Ordinance and to general rules, the costs of and incidental to any proceeding in court under this Ordinance shall be in the discretion of the court:
Provided that, where any issue is tried by a jury, the costs shall follow the event unless, upon application made at the trial, for good cause shown, the judge before whom such issue is tried otherwise orders.
(2) The court may at any time adjourn any proceedings before it upon such terms, if any, as it may think fit to impose.
(3) The court may at any time amend any written process or proceeding under this Ordinance upon such terms, if any, as it may think fit to impose.
(4) Where by this Ordinance or by general rules the time for doing any act or thing is limited, the court may extend the time either before or after the expiration thereof upon such terms, if any, as the court may think fit to impose.
(5) Subject to general rules, the court may in any matter take the whole or any part of the evidence vivâ voce or by interrogatories or upon affidavit or, out of the Colony, by commission.
101. Where two or more bankruptcy petitions are presented against the same debtor or against joint debtors the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
102. Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petitioning creditor.
103. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
104. The court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, 4 & 5 Geo. 5, either altogether or for a limited time, on such terms and subject c. 59, s. 113. to such conditions as the court may think just.
No comments yet.
Private notes are available after approval.