PART IV. first meeting. Advertisements of adjudication and of the first (FIRST SITTING) meeting of creditors shall, in cases of adjudication Advertisements, against debtors on their own petition, and of adjudication against debtors in prison without petition, be published within four days after such adjudication in the London Gazette, and in such provincial newspaper or other publication as the Judge or Registrar shall direct. (G. O. No. 30; C. C. O. No. 11 and 13; Form Appendix K; B. A. 1861, sec. 202; New G. O., November 6, 1861, Nos. 2, 3, and 5.) Any person who shall insert, or cause to be inserted, in the London Gazette, or in any newspaper, any advertisement under this Act, without authority, or knowing the same to be false in any material particular, shall be guilty of a misdemeanor. (B. L. C. A. 1849, sec. 272.) Inserting adver tisements with out authority. Bankrupt's letters may be signees. The Court may order that all post letters addressed to any Bankrupt at the place of which delivered to Ashe shall be described in the petition for adjudication of Bankruptcy, shall be re-directed, or delivered by the Postmaster General or the officers acting under him to the Official or other Assignee, (B. L. C. A. 1849, sec. 124; Form of Order, Appendix L.) THE FIRST PUBLIC SITTING, AND MEETING OF At the first meeting the Bankrupt is required First Sitting. to surrender and conform, and he may be examined upon oath, if the Court or any creditor so require (B. A. 1861, sec. 211 and 221); and having duly surrendered and conformed, a sitting is appointed by the Court for the Bankrupt's last examination, and application for his discharge (B. A., 1861, sec. 140) PART IV. (FIRST SITTING) Documents to be filed (First Meeting,) Stamp 59. Prison Cases. DOCUMENTS TO BE FILED-NAMELY :-- 3.-Adjourned Choice (if so). (Form P, Appendix.) All documents filed should, in each case, contain the number of the Petition. After the first meeting of creditors, if no creditors' Assignee be appointed, the Lord Chancellor appoints a solicitor to act in the prosecution of the bankruptcy. (G. O. No. 31.) Proof of Debts. When and how debts may be proved. Declaration for proof of debt. AS TO PROOF OF DEBTS. A Registrar, or such other person as the Court shall appoint for that purpose, shall preside at the meeting, and receive the proofs of the debts of the creditors. (B. A. 1861, sec. 109.) Every creditor of the Bankrupt may, after adjudication, prove his debt, by delivering or sending through the General Post, before the appointment of the creditors' assignee, to the Official Assignee, and after such appointment to the creditors' Assig nee, 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 authorised to sue or bring actions, may prove by an agent, provided such agent shall in his declaration declare that he is such agent, and that he is authorised 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. (B. A. 1861, sec. 144; G. O. 1852, Nos. 53 and 54; C. C. Forms 8 and 9.) If one or more of the partners of a firm be adjudged Bankrupt, any creditor to whom the Bankrupt is indebted jointly with the other partners of the firm, or any of them, shall be entitled to prove his debt for the purpose only of voting in the choice of Assignees, and of being heard against the allowance of the Bankrupt's discharge, or of either of such purposes; but such creditor shall not receive any dividend out of the separate estate of the Bankrupt until all the separate creditors shall have received the full amount of their respective debts. (B. L. C. A. 1849, sec. 140.) PART IV. (PROOF OF DEBTS.) Joint creditor under separate entitled to prove estate, for the purpose of voting in the choice of Assig nees. False declara meanor. Any person who shall wilfully and corruptly tion a misdemake any declaration 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 particular, 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. (B. A. 1861, sec. 145.) Every creditor of the Bankrupt may also after adjudication prove his debt, by deposition in Court or in chambers, or before a Registrar at any meeting of creditors elsewhere than in Court, or by affidavit upon his own oath, or upon that of any clerk or 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 authorised by his principal to make the deposition or affidavit, and that it is within his own knowledge that the debt was Proof in Court or in Chambers, or before a Registrar, or by affidavit. PART IV. (PROOF OF DEBTS.) Power to examine upon oath alleged creditors, &c. Proof for money, costs, &c. of may be enforced contempt. incurred, and for the consideration stated, and that to the best of his knowledge and belief the debt still remains unpaid and unsatisfied. (B. A. 1861, sec. 146; C. C. Form 10.) The Court may, on the application of the Assignee, or of any creditor, or of the Bankrupt, or without any application, examine upon oath or otherwise any person tendering or who has made a proof, and may summon any person capable of giving evidence concerning such proof; and, in like manner, where the debt is tendered on affidavit or statement, as herein-before provided, may summon and examine on oath, or otherwise, the person who has made the affidavit or statement, and any other person capable of giving evidence concerning the debt sought to be proved. (B. A., 1861, sec. 148.) A person entitled to enforce against the Bankwhich payment rupt payment of any money, costs, or expenses by by process of process of contempt issuing out of any Court, shall be entitled to come in as a creditor under the Bankruptcy, and prove for the amount payable under the process, subject to such ascertaining of the amount as may be properly had by taxation or otherwise. (B. A. 1861, sec. 149.) Proof for proportionate part of due at fixed In all cases in which the Bankrupt is liable to rent and other pay any rent or other payment falling due at fixed payments falling or stated periods, and the adjudication of Bankperiods. ruptcy shall happen at any time other than one of such fixed or stated periods, it shall be lawful for the person entitled to such rent or other payment to prove for a proportionate part thereof up to the day of the adjudication of Bankruptcy, in such manner as if the said rent or payment grew due from day to day, and not at such fixed or stated periods as aforesaid. (B. A. 1861, sec. 150.) Proof in case of instalments. If any Bankrupt shall have contracted, before debt payable by the filing of a petition for adjudication, any debt payable by way of instalments, the creditor may prove for the amount of such instalments remaining unpaid at the time of such petition. (B. A. 1861, sec. 151.) PART IV. (PROOF OF DEBTS.) of distinct con tracts. If any debtor shall, at the time of adjudication, be liable upon any bill of exchange or promissory note in respect of distinct contracts as member of Proof in respect two or more firms carrying on separate and distinct trades, and having distinct estates to be wound up in Bankruptcy, or as a sole trader and also as the member of a firm, the circumstance that such firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts. (B. A. 1861, sec. 152.) of unliquidated damages. If any Bankrupt shall at the time of adjudica- Proof in respect tion be liable, by reason of any contract or promise, to a demand in the nature of damages which have not been and cannot be otherwise liquidated or ascertained, it shall be lawful for the Court acting in prosecution of such Bankruptcy to direct such damages to be assessed by a jury, either before itself or in a Court of Law, and to give all necessary directions for such purpose; and the amount of damage, when assessed, shall be proveable as if a debt due at the time of the Bankruptcy: provided that in case all necessary parties agree, the Court shall have power to assess such damages without the intervention of a jury or a reference to a Court of Law. (B. A. 1861, sec. 153.) If any Bankrupt shall at the time of adjudication be liable, by reason of any contract or promise, to pay premiums upon any policy of insurance, or any other sums of money, whether yearly or otherwise, or to repay to or indemnify any person against any such payments, the person entitled to the benefit of such contract or promise may, if he think fit, apply to the Court to set a value upon his interest under such contract or promise, and the Court is hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to Proof for prepolicies of insu miums upon rance. |