the-ordinances-of-the-legislative-counci-1890 — Page 644

608 ORDINANCE No. 5 OF 1864 .


Bankruptcy and Insolvency.


allow the name of the surviving or new assignee to be substituted in the
place of the former : and such action or suit shall be prosecuted in the
name or names of the said surviving or new assignee or assignees, in
the same manner as if he had originally commenced the same.

If assignees 94. If the assignee commence any action or suit for any money
commence
action before due to the bankrupt's estate, before the time allowed for the bankrupt to
time allowed
to dispute dispute the bankruptcy shall have elapsed , any defendant in any such
the bank
ruptcy has action or suit, shall be entitled , after notice given to the assignees , to
elapsed, debt
or to estate pay the same or any part thereof, into the Court in which such action or
may pay
money into suit is brought ; and all proceedings with respect to the money so paid
Court.
into Court shall thereupon be stayed until such time shall have elapsed ;
and if within that time the bankrupt shall not have commenced such
action, suit or other proceeding, and prosecuted the same with due
diligence, the money shall be paid out of Court to the Official Assignee,
but otherwise shall abide the event of such action , suit or other proceed

ing and upon such event shall be paid out of Court, either to the
Official Assignee or the person adjudged bankrupt as the Court shall
direct ; and after such payment of money so made into Court, it shall not
be lawful for the person adjudged bankrupt to procced against the defend
ant for the recovery of the same money.

Limitation of 95. Every action brought against any person for any thing done
action.
in pursuance of this Ordinance shall be commenced within three months

next after the fact committed : and the defendant in any such action
General issue. may plead the general issue and give this Ordinance and the special
matter in evidence at the trial, and that the same was done by authority

of this Ordinance ; and if it shall appear so to have been done, or that
such action was commenced after the time limited as aforesaid for bringing
the same, the jury shall find for the defendant ; and if there be a verdict

for the defendant, or if the plaintiff be non- suited , or discontinue his
action or suit after appearance thereto, or if upon demurrer, judgment
shall be given against the plaintiff, the defendant shall receive such full

and reasonable indemnity as to all costs, charges and expenses incurred
in and about any such action as shall be taxed by the proper officer in
that behalf, subject to be reviewed in like manner by the same authority
as any other taxation of costs by such officer.

Court may 96. In case of any claim, dispute or difference between the Official
determine on
all differences Assignee, the Creditors' Assignee, and the creditors of any bankrupt or