523. Other provable debts.

523.     Other provable debts.

A release given to a debtor in a deed of arrangement which is afterwards superseded by a bankruptcy will not prevent proof in the bankruptcy, unless it is clear that it was intended that it should do so1.

A creditor who has accounted to the trustee for money or goods received from the bankrupt by way of preference2 may prove for his debt with the other creditors3.

Where, on the true construction of a contract, a sum named to be paid for breach of contract is to be regarded as a penalty4, proof will be