EARNSHAW J. This matter comes before the Court in the form of an appeal by a creditor of the bankrupt from the rejection by the Official Assignee of a claim to prove a debt in the bankruptcy.

The claim was rejected on the ground that the debt, at the time when the claim was lodged, was statute-barred.

The section of the Bankruptcy Ordinance II of 1888, which mainly affects this question is s. 35(3), which reads as follows:- "Save as aforesaid all debts and liabilities present or future "certain or contingent to which the debtor is subject at the date "of the receiving order or to which he may become subject "before his discharge by reason of any obligation incurred before "the date of the receiving order shall be deemed to be debts "provable in bankruptcy".

The debt which is being considered in this matter is certainly a debt to which the debtor was subject at the date of the receiving order. It was not barred by the Limitation Ordinance at that time, and apparently no objection to its proof in the bankruptcy on that or any other ground could have been raised then.

But since the date of the receiving order, July 14th 1911, time has elapsed, and certain events have take