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Proof in respect of unliquidated damages. 46. If any bankrupt, at the time of adjudication, or any arranging debtor at the time of the presentation of his petition, shall be liable by reason of any contract or promise, either express or implied, 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 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 provable as if a debt due at the time of the bankruptcy or the arrangement: 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.][
© 1872 Crown Copyright
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