Execution Act 1844

XIV Creditors to vote according to Balance due to them on an Account fairly stated.

Arid be it enacted, That in all Matters wherein Creditors shall Tote, or wherein the Assent or Dissent of Creditors shall be exercised in pursuance of or in carrying into effect the said recited Act or this Act, every Creditor shall be accounted such in respect of such Amount only as upon an Account fairly stated between the Parties, after allowing the Value of mortgaged Property, and other such available Securities and Liens, shall appear to be the Balance due; and that all Disputes arising in such Matters concerning any such Amount shall, upon Application duly made in that Behalf, be examined into by the Commissioner, who shall have Power to determine the same, and, if it seem fit, to refer the Examination thereof to an Officer of the said Court: Provided always, that the Amount in respect of which any such Creditor shall vote in any such Matter shall not be conclusive of the Amount of his or her Debt for any ulterior Purposes, in pursuance of the Provisions of this Act.