518 
issuing of the commission, may be valued 
by the, commissioners, and dividends re- 
ceived on the amount so ascertained and 
proved; orif such value shall not be ascer- 
tained before the happening of the contin- 
gency, then proof may be admitted after 
the happening of the contingency, and 
dividends received with the other creditors, 
not disturbing any former dividends; pro- 
vided, when such debts were contracted, 
the person to whom they are due had not 
notice of any act of bankruptcy by the 
bankrupt committed. Sect. 56. 
21st. In all future commissions, in- 
terest on promissory notes and bills of ex- 
change over-due at the issuing of the com- 
mission, is provable at the same rate as is 
allowed by the Court of King’s Bench in 
actions on such bills and notes. Sect. 57. 
22d. Costs, although not taxed at the 
time of the bankruptcy, obtained in any 
action at law or suit in equity, are provable 
under the commission. Sect. 58. 
23d. Whenever it shall appear to the 
assignees or to two or more creditors, who 
haye each proved debts to the amount of 
£20 or upwards, that any debt proved is 
not justly due, either in whole or in part, 
such assignee or creditors may represent 
the same to the commissioners, who are to 
summon before them and examine on oath 
the. person. making such proof, together 
with any person whose evidence appears 
to them to be material, either in support 
of or in opposition to the debt; and if 
the, commissioners on the evidence given 
on both sides, or (if the person proving 
the debt shall not attend to be examined, 
having been first duly summoned, or notice 
having been left at his last place of abode) 
on the evidence adduced by the assignees, 
or creditors as aforesaid, shall be of opinion 
that such debt is not due either wholly or 
in part, they may expunge the same either 
wholly or in part from the proceedings, 
provided that the assignees or creditors re- 
quiring such investigation shall, before it is 
instituted, sign an undertaking to be filed 
with the proceedings, to pay such costs as 
the commissioners shall adjudge to the cre- 
ditor who has proved such debt as afore- 
said, such costs to be recovered by peti- 
tion; provided also, that such assignees or 
eveditors. may apply in the first instance 
by. petition to the Lord Chancellor, or that 
either, party may petition against the deter- 
mination of the commissioners. Sect. 60. 
.24th.. Joint creditors are entitled to 
prove under separate commissions for the 
purpose of yoting in the choice of assig- 
nees, or of assenting to or dissenting from 
the certificate, or for either of such pur- 
poses; but they shall not receive any 
dividend out of the separate estate until 
all\the separate creditors have received the 
full amount of their respective debts unless 
such. joint creditor be a petitioning cre- 
ditor in a commission against one member 
ofi.afirm. .. Sect. 62. 
«2)th..,. Actions at lww or suits in equity 
Consolidation and Amendment of the Bankrupt Laws- 
are not abated bythe death or removal of 
assignees ;, but the court,in which the ac. 
tion or suit is depending); may;,on the 
suggestion of such death or, removal and: 
new choice, allow’ the: name ofthe sur-: 
viving or new assignee, or assignees! 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 suryiying( or 
new assignee or assignees in the same man-~ 
ner asif he or they had originally commenc~ 
ed the same.» Seet.:.67.)) eosin ,orse sili 
26th. Distress for rent made andilevied 
after an act of bankruptcy on the goods or 
effects of a bankrupt (whether before or after) 
the issuing of the commission) is not to be 
available for more than one year’s rent, 
accrued prior to the date of the commis- 
sion; but the overplus or residue which 
may be due, and for which the distress is: 
not available, may be proyed under thé 
commission. Sect. 74. Non i 
27th. If a bankrupt have entered. into 
an agreement for the purchase of an estate 
or interest in land, the vendor may, on 
petition to the Lord Chancellor, compel 
the asssignees to elect whether they will 
abide by or decline the agreement. Sect. 76, 
28th. The Lord Chancellor may,|\on 
the petition of the assignees, or of any) 
purchaser from them, order the bankrupt’ 
to join in the conveyance of his estate, or 
any part thereof, unless an aetion should be 
pending by the bankrupt to try the validity 
of the commission; and if he shall not 
execute such conveyance of such estate 
within the time directed by the order, the 
bankrupt and all persons claiming under 
him shall be estopped from objecting to the. 
validity of such conveyance ; and all es- 
tate, right, or title which the bankrupt 
had therein, is effectually barred by sucly. 
order, as if the conveyance had been exe- 
cuted by him. Sect. 78. ja ude 
29th. All payments really and. bond: 
fide made by and to a bankrupt, before: the 
date and issuing of the commission are. 
valid, notwithstanding any prior act) of. 
bankruptcy, provided the payment by the: 
bankrupt be not a fraudulent preference; of, 
the creditor, and provided that, the person: 
so dealing with the bankrupt had not, at the: 
time of the payment. by. or, tothe jbank+; 
rupt, notice of any actof bankmuptey. by:him, 
committed.., Sect.82.,, And theeighty-thirdy 
section points out what shall, be constimes: 
tive notice of a prior act, of banknupteyses 
namely, the issuing of, a-commission (ifjane 
act of bankruptcy, had, been actually, com, 
mitted before the issuing, of the,commisz' 
sion), if the.adjudication of, the person,or) 
persons against whom, such ,commission, 
has issued shall haye been notified inthe, 
London, Gazette, and, the.person! tobe ak, 
fected by such notice, may reasonably, bei 
presumed, to have seen the same. » »Butiit; 
is provided, by the eighty-sixth section, that, 
no purehase from, any bankrupt [ 
and for. yaluable consideration ‘shall:bedims) 
peached,; by reason that, ia 
the 
