the-ordinances-of-the-legislative-counci-1890 — Page 650

614 ORDINANCE No. 5 OF 1864 .


Bankruptcy and Insolvency.

officer ap
appointed for that purpose at any meeting of creditors elsewhere than in
pointed or by
affidavit . Court, or by affidavit upon his own oath , or upon that of any other person
in his employment : Provided that where such deposition or affidavit
shall be made by any other person than the creditor, the deponent shall
in his deposition or affidavit , set forth that he is duly authorized by his
principal to make the deposition or affidavit , and that it is within his own
knowledge, that the debt was incurred, and for the consideration stated ,
and that to the best of his knowledge and belief the debt still remains
unpaid and unsatisfied.

Proof by post. 110. Every creditor of the bankrupt may also after adjudication ,
prove his debt, by delivering or sending through the general post , before
the appointment of a Creditors ' Assignee to the Official Assignee and
after such appointment to the Creditors Assignee a statement of such
debt and of the account if any between the creditor and the bankrupt ,
together with a declaration signed by the creditor, appended thereto, that
such statement is a full , true , and complete statement of account between
the creditor and the bankrupt, and that the debt thereby appearing to be
due from the estate of the bankrupt to the creditor is justly due : and all
bodies politic and public companies incorporated , or authorized to sue or
bring actions, may prove by an agent, provided such agent shall in this

declaration declare that he is such agent, and that he is authorized to
make such proof : and such declaration signed by such creditor and agent
respectively as aforesaid, shall be in such form as General Orders shall
direct.


False declara 111. Any person who shall wilfully and corruptly make any declara
tion a mis
demeanor. tion for proof of debt as aforesaid , knowing the same, or the statement of
account to which the same shall be appended , to be untrue in any material
particulars , shall be deemed guilty of a misdemeanor, and shall be liable

to undergo the pains and penalties imposed upon persons guilty of wilful
and corrupt perjury .


Official 112. The Official or Creditors' Assignee, as the case may be, shall
Assignee to
examine all examine all the statements of account as aforesaid and compare the same
statements of
account, and with the books , accounts and other documents of the bankrupt, and shall
make out list
of creditors from time to time make out a list of the creditors who have proved their
who have
debts , stating the amount and nature of such debts , which list shall be
proved .
open to the inspection of any creditor who has proved under the estate.