Periodical Payments.
" 19. When any rent or other payment falls due at stated periods, and the receiving order is made at any time other than one of those periods, the person entitled to the rent or payment may prove for a proportionate part thereof up to the date of the order as if the rent or payment grew due from day to day.
Interest.
" 20. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the receiving order and provable in bankruptcy, the creditor may prove for interest at a rate not exceeding four per centum per annum to the date of the order from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made giving the debtor notice that interest will be claimed from the date of the demand until the time of payment.
Debt Payable at a Future Time.
"21. A creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum com puted from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted.
Admission or Rejection of Proofs.
"22. The trustee shall examine every proof and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection.
" 23. If the trustee thinks that a proof has been improperly admitted, the Court may, on the application of the trustee, after notice to the creditor who made the proof, expunge the proof or reduce its amount.
" 24. If a creditor is dissatisfied with the of the trustee in respect of a proof.
the Court may, on the application of the creditor, reverse or vary the decision.
" 25. The Court may also expunge or reduce a proof upon the application of a creditor if the trustee declines to interfere in the matter, or, in the case of a composition or scheme, upon the application of the debtor.
" 26. For the purpose of any of his duties in relation to proofs, the trustee may administer oaths and take affidavits.
" 27. The official receiver, before the ap pointment of a trustee, shall have all the powers of a trustee with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal."
Where a banker is a holder of a bill and the acceptor and drawer become bankrupt, he may claim upon both estates for the full amount of the bill, but he must not retain more than the amount of the bill. If a dividend has already been declared on one of the estates before sending in a proof of debt on the other estate, the banker's claim on the second estate will be only for the balance after crediting the dividend declared. If there is any balance standing to the cus tomer's credit it will be retained by the banker against the bill.
The fee, payable by means of stamps, upon a proof of debt above O. (other than proof for workmen's wages), is one shilling, and the stamp may be impressed or adhesive. The adhesive stamp must be a " bank ruptcy " stamp. An adhesive stamp shall be " cancelled by the various court or other officials by perforation or in such manner as the Commissioners of inland Revenue may from time to time direct." (Stamp Order, 1890.) An affidavit of proof of debt may be sworn before an assistant official receiver or any clerk of an official receiver duly authorised in writing by the Court or the Board of Trade in that behalf. (Bankruptcy Rules, No. 219 A.) The trustee may administer oaths and take affidavits. (See Rule 26, above.) Section 135 of the Bankruptcy Act, 1883, provides : " Subject to general rules, any affidavit to be used in a bankruptcy court may be sworn before any person authorised to ad minister oaths in the High Court, or in the Court of Chancery of the county palatine of Lancaster, or before any registrar of a bank ruptcy court, or before any officer of a bank ruptcy court authorised in writing on that behalf by the judge of the Court, or, in the case of a person residing in Scotland or in Ireland, before a judge ordinary, magistrate, or justice of the peace, or, in the case of a person who is out of the Kingdom of Great Britain and Ireland, before a magistrate or justice of the peace or other person qualified to administer oaths in the country where he resides (he being certified to be a magistrate or justice of the peace, or qualified as afore said by a British minister or British consul, or by a notary public)." The Bankruptcy Act, 1890, Section 24, enacts that an affidavit may be sworn " also in England and Wales before a justice of the peace for the county or place where it is sworn." Any alteration or interlineation must be authenticated by the initials of the person taking the affidavit, and in the case of erasure the words or figures must be re written and signed or initialled in the margin by the person taking it. (See BANKRUPTCY.)