Execution Act 1844

XXXI How Dividend to be made. Notice of Sittings. Examination of Objections and Claims. Commissioner may require Proof of Debts.

And be it enacted, That whenever after an Audit there shall appear to the Commissioner to be in the Hands of the Official Assignee any Balance wherewith a Dividend may be made, Proceedings shall be had forthwith, under the Direction of the Commissioner, for making such Dividend, and also, when it shall appear necessary, for correcting and ascertaining the List of Creditors entitled to receive the same ; and Notice of any Sitting of the Court ordered to be held for such ascertaining of Debts, or for an Audit, or for declaring a Dividend thereupon, or for all such Purposes, shall be given for such Time and in such Manner as the Commissioner shall from Time to Time direct; and such Dividend shall be made amongst the Creditors of the Petitioner whose Debts shall be admitted in his Schedule sworn to by the Petitioner, and amongst such other Creditors (if any) who shall prove their Debts in pursuance of any Order of the Commissioner to be made in that Behalf, in proportion to the Amount of the Debts so admitted, or so admitted and proved, as the Case may be: Provided always, that if the Petitioner, or any Creditor or Assignee, shall object in whole or in part to any Debt tendered to be so proved as aforesaid, or to any Debt mentioned in the Schedule of the Petitioner, or if any Person whose Demand is stated in such Schedule, but is not admitted therein to the Extent of such Demand, shall claim to be admitted as a Creditor for the whole of such Demand, or for more thereof than is so admitted, the said Objections and Claims shall, upon Application duly made, be examined into by the Commissioner, and the Decision of the Commissioner thereupon shall be conclusive with respect to the Title of such Creditor or Creditors to his or their Share of such Dividend: Provided always, that if in any Case it shall appear expedient it shall be lawful at any Time for the Commissioner, by Notice as may be directed in that Behalf, to cause all or any of the Creditors to prove their Debts, in such Manner as the Commissioner shall require, and to decide upon such Debts, and the Right to receive Dividends thereupon, and to do all Things requisite thereto, as aforesaid.