Page images

PART IV. filing of the petition, it may be expunged.


CAP. III. (Act of 1849, s. 178.)


Goods pledged by agent.



Arrears of


In case of the bankruptcy of an agent, intrusted with goods which have been pledged by him and redeemed by the owner, the owner will be held to have paid the sum for redemption for the use of the agent, or, in case the goods shall not be so redeemed, the owner will be deemed the creditor of the agent for the value of the goods. 1849, s. 179.)

(Act of

Upon all debts or sums certain, whereupon interest is not agreed for, and which are overdue at the time of the petition for adjudication, the creditor may prove for interest at not more than 4 per cent. up to the filing of the petition. (Act of 1849, s. 180.)

If a plaintiff or petitioner in bankruptcy or lunacy has obtained a judgment, decree, or order for a debt or demand, proved under the bankruptcy, he may prove for the costs; and a defendant who has obtained a judgment, decree, or order against a bankrupt, may prove for the costs. (Act of 1849, s. 181.)

No distress for rent levied after an act of bankruptcy is available for more than one year's rent accrued before the filing of a

petition for adjudication. But the landlord
or person to whom the rent was due may
come in as a creditor for the overplus.
of 1849, s. 129.)


[blocks in formation]


The Court will order payment of assessed Assessed taxes assessed up to the 5th of April next after the bankruptcy, and the bankrupt will not be liable after that day in respect of any article kept for trade purposes at or before the time of the bankruptcy, and bonâ fide sold under it, and not kept after that day. (Act of 1849, s. 166.)


The Court will order payment of all pa- Parochial rochial rates due during the twelve months immediately preceding the bankruptcy, and unpaid at the time of the adjudication. (Act of 1861, s. 156.)



longing to a

If any person having in his possession, by Moneys or virtue of his employment, any moneys or or securieffects, deeds, or securities, belonging to a society. society, becomes bankrupt, the Court will order payment and delivery over of such things to the society, and will also order payment, out of the bankrupt's estate, of all money due, which the bankrupt received by virtue of his employment, before any other of his debts are paid. (Act of 1849, s. 167.)

The Court may order payment out of the



PART IV. estate of sums due for wages or salary of a servant or clerk, not exceeding three months' wages or salary, and not exceeding 301., and the servant or clerk may prove for


Wages of clerks or servants.

Wages of

labourers or

any sum exceeding that amount. (Act of 1849, s. 168.)

The Court may order payment out of the workmen. estate of the wages of a labourer or workman, not exceeding 40s., and he may prove

for any sum exceeding that amount. (Aet of 1849, s. 169.)


Apprentices. The filing of a petition for adjudication is a discharge of an indenture of apprenticeship; and if an apprentice-fee has been. paid, the Court may order a reasonable sum to be paid out of the estate to or for the apprentice. (Act of 1849, s. 170.)


Mode of proof.

Where there has been mutual credit, or where there are mutual debts, one debt or demand may be set against another, notwithstanding any prior act of bankruptcy before the credit was given or the debt was contracted. (Act of 1849, s. 171.)

A creditor may prove his debt by delivering or sending a statement, with a declaration signed by him that such statement is a true and complete statement of account, and that the debt is justly due; and bodies politic and public companies incorporated or

authorised to sue may prove by an agent. PART IV. (Act of 1861, s. 144.)

Any person wilfully and corruptly making any declaration for proof of debt is liable to the penalties of perjury. (Act of 1861, s. 145.)

A creditor may also prove his debt by deposition in Court, or in chambers, or before a registrar, or by affidavit, upon his own oath, or upon that of any clerk or other person in his employment. (Act of 1861, s. 146.)

The Court may examine, upon oath or otherwise, any person tendering or who has made a proof, or may require further proof, and may summon any person capable of giving evidence concerning such proof. (Act of 1861, s. 148; Act of 1849, s. 164.)


of accounts.

The official or creditors' assignee must Examination examine all the statements of account, and compare them with the bankrupt's books

ditors who

and documents, and make out a list of the List of crecreditors who have proved, stating the have proved. amount and nature of the debts; which list is open to the inspection of any creditor who has proved. (Act of 1861, s. 147.)

relinquish an


No creditor who has brought an action or Election to instituted a suit may prove a debt without action or relinquishing the action or suit. And the proving or claiming a debt, under a petition

PART IV. for adjudication, will be deemed an election


CAP. III. to take the benefit of the petition.



1849, s. 182.)

(Act of

Expunging a The Court may expunge or reduce a proof of debt. (Act of 1861, s. 155.)

Debiting creditors' as



Of the Dividend.

If the creditors' assignee has kept in his

signee with hands more than 50l., the creditors may debit him for interest for the amount, at a rate not exceeding 20 per cent. per annum. (Act of 1861, s. 175.)


of a dividend,

List of cre

ditors with their dividends.

In the calculation of a dividend, provision must be made for debts due to persons resident in places so distant that they have not had time to tender or establish their proof, and also for undetermined claims. (Act of 1861, s. 176.)

After the meeting of creditors, subsequent to adjudication, the official assignee must prepare a list of creditors entitled to dividend, and set opposite to the name of each creditor his dividend, and forward to every such

« EelmineJätka »